Cyber wars

Legalpundits tells you what constitutes a cybercrime and how to tackle it

All great innovations have pitfalls. Take the Internet for instance. Cyber crimes — the use of computers and the Internet by criminals to perpetrate fraud and other crimes against companies and consumers — are becoming increasingly rampant. And don’t think you’re safe because you’re using your home PC rather than a computer in your office or a cyber café as home is where the threat is. According to an Internet security threat report by Symantec, a leading provider of information security solutions, home users are the most targeted “attack sector”, accounting for 86 per cent of all attacks, followed by financial services.

Consider the fact that the number of Netizens worldwide has increased from less than 100,000 in 1990 to around 500 million people today, and you get some idea how serious the problem is. Today, attackers are using new techniques such as targeting web browsers, email clients and other desktop applications to hack (break) into PCs. This is bad news for people who use their computer to bank or shop online — this includes many silvers — as these transactions may involve divulging financial and credit card details, which can then be used by hackers. Also, online scams are becoming widespread, like the so-called ‘Nigerian frauds’ that lure unsuspecting net surfers with false mails that promise millions in joint business ventures in Nigeria, provided they transfer some ‘fees’ to meet ‘start-up expenses’ (see March 2006 issue ofHarmony).

While every Internet user needs to be on guard when online, cybercrime is also punishable by law. However, setting a universal legal parameter for what constitutes cybercrime is complicated as a certain act may be termed illegal in one nation but may be legal in another. For instance, there is no specific law in India penalising ‘phishing’ — a common cybercrime in the US or UK, which involves fishing for personal data under the guise of an official email from your bank — although it has been termed ‘illegal’ by Delhi High Court in March 2005.

Indian law perceives cybercrime as a voluntary and wilful act or omission that adversely affects a person or property. Punishable actions, according toInformation Technology (IT) Act, 2000, are:

• Tampering with computer source documents (Section 65)
• Hacking into a computer system (Section 66)
• Publishing information, which is obscene in electronic form (Section 67)

With the legal recognition of electronic records and the amendments made in several sections of the Indian Penal Code (IPC) through the IT Act, 2000, several cyber-related offences are also registered under the appropriate sections of the IPC.

Of the offences registered under IPC, the majority of crimes fall under three categories:

• Criminal Breach of Trust or Fraud (Cyber) (Section 269)includes crimes related to possessing, intercepting, distributing or leaking unauthorised information or data
• Cyber Forgery (Section 89)deals with net scams, and illegal or fraudulent transactions
• Other cyber criminal activities include Cyber Counterfeiting of Currency/Stamps (Section 53), andFraud/Illegal Gain (Section 120)

Cybercrimes are punishable under both IPC and IT laws as real life offences, such as scams, forgeries and sexual harassment, can be replicated in cyberspace. Cyber criminals are convicted and sentenced for an online offence if found guilty under Sections 469 and 509 of IPC and Section 67 of IT Act, 2000. They can be given simple or rigorous imprisonment ranging from one to two years and be charged a fine of Rs 500 to Rs 4,000 depending on the extent of the crime. Both IPC and IT sentences would run concurrently.

Unfortunately, cybercrimes in India often go unreported for many reasons: lack of awareness, the fear of bad press or loss of credibility (especially if it involves a bank or financial house), and lack of faith in the police who are still ill-equipped to deal with such specialised crimes. Cybercrime cells have been established in cities like Mumbai, Delhi and Bangalore but officers are not adequately trained in the nature and variety of cybercrimes to enforce legal provisions. Despite this, you must report any instance of cybercrime — the more the complaints, the more likely the police are to take them seriously, and act.

Steps to safety

Use a ‘difficult’ password for all your accounts (banking, mail, online stores) — a mix of alphabets, numbers and symbols of at least eight digits — and change it on a regular basis

• Maintain an updated virus protection programmefrom a good company (like Symantec, McAfee) because the existing programmes get outdated quickly
• If you have a cable modem, digital subscriber line (DSL), satellite or other high-speed connection,install a firewallto close online doors to your computer, only leaving open those for email and web browsing
• Report cyber crimes to the special cybercrime cells, the police and even the media, if required to drive home a message to all — the lawmakers and the law-breakers.