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Csl notes

Cyber Security And Laws (University of Mumbai)

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1. INTRODUCTION TO CYBERCRIME

List of Topics:
 Introduction
 Cybercrime: Definition and Origins of the Word
 Cybercrime and Information Security
 Who are Cybercriminals?
 Classifications of Cybercrimes
 Cybercrime: The Legal Perspectives
 Cybercrimes: An Indian Perspective
 Cybercrime and the Indian ITA 2000
 A Global Perspective on Cybercrimes
 Cybercrime Era: Survival Mantra for the Netizens

INTRODUCTION

 “Cyber security is the protection of internet-connected systems, including hardware, software and data,
from cyber attacks”.
 “Cybersecurity” means protecting information, equipment, devices, computer, computer resource,
communication device and information stored therein from unauthorized access, use, disclosure,
disruption, modification or destruction.
 Almost everyone is aware of the rapid growth of the Internet.
 Given the unrestricted number of free websites, the Internet has undeniably opened a new way of
exploitation known as cybercrime.
 These activities involve the use of computers, the Internet, cyberspace and the worldwide web (WWW).
 Interestingly, cybercrime is not a new phenomena; the first recorded cybercrime took place in the year
1820.
 It is one of the most talked about topics in the recent years.
 Based on a 2008 survey in Australia, the below shows the cybercrime trend

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Figure: Cybercrime Trend

 Indian corporate and government sites have been attacked or defaced more than 780 times between
February 2000 and December 2002.
 There are also stories/news of other attacks; for example, according to a story posted on 3 December
2009, a total of 3,286 Indian websites were hacked in 5 months – between January and June 2009.
 Various cybercrimes and cases registered under cybercrimes by motives and suspects in States and
Union Territories (UTs).

CYBERCRIME: DEFINITION AND ORIGINS OF THE WORD

Definition:
“A crime conducted in which a computer was directly and significantly instrumental is called as a
Cybercrime.”

Alternative definitions of Cybercrime are as follows:

1. Any illegal act where a special knowledge of computer technology is essential for its perpetration (to
commit a crime), investigation or prosecution.
2. Any traditional crime that has acquired a new dimension or order of magnitude through the aid of a
computer, and abuses that have come into being because of computers.
3. Any financial dishonesty that takes place in a computer environment.
4. Any threats to the computer itself, such as theft of hardware or software, damage and demands for
money.
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5. “Cybercrime (computer crime) is any illegal behavior, directed by means of electronic operations, that
targets the security of computer systems and the data processed by them.”
Note that in a wider sense, “computer-related crime” can be any illegal behavior committed by means of, or
in relation to, a computer system or network; however, this is not cybercrime. The term “cybercrime” relates to
a number of other terms that may sometimes be used to describe crimes committed using computers.
• Computer-related crime
• Computer crime
• Internet crime
• E-crime
• High-tech crime, etc. are the other synonymous terms.

Cybercrime specifically can be defined in a number of ways; a few definitions are:

1. A crime committed using a computer and the Internet to steal a person‟s identity (identity theft) or sell
contraband or stalk victims or disrupt operations with malevolent programs.
2. Crimes completed either on or with a computer.
3. Any illegal activity done through the Internet or on the computer.
4. All criminal activities done using the medium of computers, the Internet, cyberspace and the WWW.

According to one information security, cybercrime is any criminal activity which uses network access to
commit a criminal act. Cybercrime may be internal or external, with the former easier to perpetrate. The term
“cybercrime” has evolved over the past few years since the adoption of Internet connection on a global scale
with hundreds of millions of users. Cybercrime refers to the act of performing a criminal act using cyberspace
as the communications vehicle.
Some people argue that a cybercrime is not a crime as it is a crime against software & not against a person
(or) property. However, while the legal systems around the world scramble to introduce laws to combat cyber
criminals, 2 types of attacks are prevalent:
1. Techno-crime: A premeditated act against a system or systems, with the intent to copy, steal, prevent access,
corrupt or otherwise deface or damage parts of or the complete computer system. The 24X7 connection to
the internet makes this type of cybercrime a real possibility to engineer from anywhere in the world, leaving
few, if any, “finger prints”.
2. Techno-vandalism: These acts of “brainless” defacement of websites and/or other activities, such as copying
files and publicizing their contents publicly, are usually opportunistic in nature. Tight internal security,
allied to strong technical safeguards should prevent the vast majority of such incidents.

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There is a very thin line between the two terms “computer crime” and “computer fraud”; both are
punishable. Cybercrimes (harmful acts committed from or against a computer or network) differ from most
terrestrial crimes in four ways:
a. how to commit them is easier to learn,
b. they require few resources relative to the potential damage caused,
c. they can be committed in a jurisdiction without being physically present in it &
d. they are often not clearly illegal.

Important Definitions related to Cyber Security:

Cyberterrorism:
This term was coined in 1997 by Barry Collin, a senior research fellow at the institute for Security and
Intelligence in California. Cyberterrorism seems to be a controversial term. The use of information technology
and means by terrorist groups & agents is called as Cyberterrorism.
“The premeditated use of disruptive activities, or the threat thereof, against computers and/or networks,
with the intention to cause harm or further social, ideological, religious, political or similar objectives or to
intimidate any person in furtherance of such objectives.”
(or)
Cyberterrorism is defined as “any person, group or organization who, with terrorist intent, utilizes
accesses or aids in accessing a computer or computer network or electronic system or electronic device by any
available means, and thereby knowingly engages in or attempts to engage in a terrorist act commits the offence
of cyberterrorism.”

Cybernetics:
Cybernetics deals with information and its use. Cybernetics is the science that overlaps the fields of
neurophysiology, information theory, computing machinery and automation. Worldwide, including India,
cyberterrorists usually use computer as a tool, target for their unlawful act to gain information.
Internet is one of the means by which the offenders can gain priced sensitive information of companies,
firms, individuals, banks and can lead to intellectual property (IP) crimes, selling illegal articles,
pornography/child pornography, etc. This is done using methods such as Phishing, Spoofing, Pharming, Internet
Phishing, wire transfer, etc. and use it to their own advantage without the consent of the individual.

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Phishing:
Phishing is a cyber attack that uses disguised email as a weapon. The goal is to trick the email recipient
into believing that the message is something they want or need a request from their bank, for instance, or a note
from someone in their company and to click a link or download an attachment.
Phishing is an attempt by an individual or a group to thieve personal confidential information such as
passwords, credit card information from unsuspecting victims for identity theft, financial gain & other
fraudulent activities.
(or)
Phishing is a form of online identity theft that aims to steal sensitive information such as online banking
passwords, credit card information from users etc.

Cyberspace:
This is a term coined by William Gibson, a science fiction writer in 1984. Cyberspace is where users
mentally travel through matrices of data. Conceptually, cyberspace is the nebulous place where humans interact
over computer networks. The term “cyberspace” is now used to describe the Internet and other computer
networks. In terms of computer science, “cyberspace” is a worldwide network of computer networks that uses
the Transmission Control Protocol/Internet Protocol (TCP/IP) for communication to facilitate transmission and
exchange of data. Cyberspace is most definitely a place where you chat, explore, research and play.

Cybersquatting:
The term is derived from “squatting” which is the act of occupying an abandoned/unoccupied space/
building that the user does not own, rent or otherwise have permission to use. Cybersquatting, however, is a bit
different in that the domain names that are being squatted are (sometimes but not always) being paid for by the
cybersquatters through the registration process.
Cybersquatters usually ask for prices far greater than those at which they purchased it. Some
cybersquatters put up derogatory or defamatory remarks about the person or company the domain is meant to
represent in an effort to encourage the subject to buy the domain from them. This term is explained here
because, in a way, it relates to cybercrime given the intent of cybersquatting.
Cybersquatting means registering, selling or using a domain name with the intent of profiting from the
goodwill of someone else‟s trademark. In this nature, it can be considered to be a type of cybercrime.
Cybersquatting is the practice of buying “domain names” that have existing businesses names.

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In India, Cybersquatting is considered to be an Intellectual Property Right (IPR). In India,

Cybersquatting is seen to interfere with “Uniform Dispute Resolution Policy” (a contractual obligation to which
all domain name registrants are presently subjected to).

Cyberpunk:
This is a term coined by Bruce Bethke, published in science fiction stories magazine in November 1983.
According to science fiction literature, the words “cyber” and “punk” emphasize the two basic aspects of
cyberpunk: “technology” and “individualism.” The term “cyberpunk” could mean something like “anarchy
via machines” or “machine/computer rebel movement.”

Cyberwarfare:
Cyberwarfare means information attacks against an unsuspecting opponent‟s computer networks,
destroying and paralyzing nations. This perception seems to be correct as the terms cyberwarfare and
Cyberterrorism have got historical connection in the context of attacks against infrastructure. The term
“information infrastructure” refers to information resources, including communication systems that support an
industry, institution or population. These type of Cyber attacks are often presented as threat to military forces
and the Internet has major implications for espionage and warfare.

CYBERCRIME AND INFORMATION SECURITY

Lack of information security gives rise to cybercrimes. Let us refer to the amended Indian Information
Technology Act (ITA) 2000 in the context of cybercrime. From an Indian perspective, the new version of the
Act (referred to as ITA 2008) provides a new focus on “Information Security in India". "Cybersecurity” means
protecting information, equipment, devices, computer, computer resource, communication device and
information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction.
The term incorporates both the physical security of devices as well as the information stored therein. It covers
protection from unauthorized access, use, disclosure, disruption, modification and destruction.
Where financial losses to the organization due to insider crimes are concerned (e.g., leaking customer
data), often some difficulty is faced in estimating the losses because the financial impacts may not be detected
by the victimized organization and no direct costs may be associated with the data theft. The 2008 CSI Survey
on computer crime and security supports this. Cybercrimes occupy an important space in information security
domain because of their impact. The other challenge comes from the difficulty in attaching a quantifiable
monetary value to the corporate data and yet corporate data get stolen/lost (through loss/theft of laptops).

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Because of these reasons, reporting of financial losses often remains approximate. In an attempt to avoid
negative publicity, most organizations abstain from revealing facts and figures about “security incidents”
including cybercrime. In general, organizations perception about “insider attacks” seems to be different than
that made out by security solution vendor. However, this perception of an organization does not seem to be true
as revealed by the 2008 CSI Survey. Awareness about “data privacy” too tends to be low in most organizations.
When we speak of financial losses to the organization and significant insider crimes, such as leaking customer
data, such “crimes” may not be detected by the victimized organization and no direct costs may be associated
with the theft

Figure: Cybercrime trend over the years

Figure: shows several categories of incidences – viruses, insider abuse, laptop theft and unauthorized
access to systems
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The Botnet Menace:

A group of computers that are controlled by software containing harmful programs, without their users'
knowledge is called as Botnet. The term “Botnet” is used to refer to a group of compromised computers
(zombie computers, i.e., personal computers secretly under the control of hackers) running malwares under a
common command and control infrastructure. Below figure shows how a “zombie” works.

Figure: How a Zombie works

 A Botnet maker can control the group remotely for illegal purposes, the most common being
 denial-of-service attack (DoS attack),
 Adware,
 Spyware,
 E-Mail Spam,
 Click Fraud
 theft of application serial numbers,
 login IDs
 financial information such as credit card numbers, etc.
 An attacker usually gains control by infecting the computers with a virus or other Malicious Code. The
computer may continue to operate normally without the owner’s knowledge that his computer has been
compromised.
 The problem of Botnet is global in nature and India is also facing the same.

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 India has an average of 374 new Bot attacks per day and had more than 38,000
distinct Bot-infected computers in the first half of the year 2009.
 Small and medium businesses in the country are at greater risk, as they are
highly vulnerable to Bots, Phishing, Spam and Malicious Code attacks.
 Mumbai with 33% incidences tops the Bot-infected city list,
 followed by New Delhi at 25%,
 Chennai at 17% and
 Bangalore at 13%.
 Tier-II locations are now also a target of Bot-networks with Bhopal at 4% and
Hyderabad, Surat, Pune and Noida at 1% each.
 The Internet is a network of interconnected computers. If the computers,
computer systems, computer resources, etc. are unsecured and vulnerable to
security threats, it can be detrimental to the critical infrastructure of the country.
Botnet

Understanding Botnets

Botnets are networks of compromised computers or devices, controlled by a single attacker.

These devices are infected with malware, enabling the attacker to remotely manipulate them.
Imagine them as an army of compromised devices, acting under the command of their
malicious controller.

Formation of Botnets

Botnets are typically formed through several methods:

 Exploiting Vulnerabilities: Attackers exploit weaknesses in software or hardware to

gain unauthorized access to devices.
 Phishing Scams: Deceptive emails or websites trick users into downloading malware,
unknowingly joining the botnet.
 Weak Passwords: Devices with easily guessed or default passwords are vulnerable to
being taken over.
 Social Engineering: Manipulating individuals into giving access to their devices,
often by pretending to be a trustworthy entity. 9

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Once infected, these devices operate surreptitiously, controlled remotely by the attacker to
perform various malicious tasks.

Common Types of Botnet Attacks

Botnets are versatile tools for attackers, capable of executing a range of malicious activities:

 Distributed Denial-of-Service (DDoS) Attacks: Overwhelm a target server or

network with a flood of traffic from multiple devices, disrupting its operations and
rendering it inaccessible to legitimate users.
 Spamming: Send out large volumes of spam emails from infected devices, often
containing malicious links or attachments designed to infect more devices or steal
data.
 Data Theft: Capture sensitive information such as financial data, login credentials, or
personal information stored on compromised devices.
 Click Fraud: Generate fraudulent clicks on online advertisements to generate revenue
for the attacker, at the expense of advertisers.
 Cryptojacking: Hijack device resources (CPU and GPU power) to mine
cryptocurrencies, consuming electricity and reducing device performance.

Techniques Used by Botnets

Botnets employ sophisticated tactics to evade detection and maintain control:

 Command and Control (C&C) Servers: Serve as centralized hubs for managing and
controlling botnet operations. Attackers use these servers to issue commands to bots
and collect stolen data.
 Peer-to-Peer (P2P) Networks: Distribute commands and updates among bots,
creating a decentralized communication structure that is harder to trace and disrupt.
 Dynamic DNS: Constantly change domain names associated with C&C servers to
avoid detection by security measures that rely on domain blacklisting.
 Encryption: Encrypt communication channels between bots and C&C servers to
prevent interception and analysis by security researchers.

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 Anti-analysis Techniques: Embed anti-analysis features in malware code to thwart

attempts by cybersecurity experts to reverse-engineer or understand the botnet's
operation.

Impact of Botnet Attacks

Botnet attacks can have severe consequences:

 Disruption of Services: DDoS attacks can bring down websites or online services,
leading to financial losses and damage to reputation.
 Financial Losses: Theft of financial information or resources through cryptojacking
can result in monetary losses for individuals and organizations.
 Reputational Damage: Organizations targeted by botnet attacks may suffer
reputational harm, eroding customer trust and confidence.
 Legal and Regulatory Consequences: Failure to protect against botnet attacks can
lead to legal liabilities and regulatory sanctions.

Detection and Prevention

Preventing and mitigating botnet attacks require a multi-layered approach:

 Regular Software Updates: Keeping software, operating systems, and applications

up-to-date to patch known vulnerabilities that botnets exploit.
 Strong Authentication: Implementing strong passwords, multi-factor authentication,
and limiting administrative access to reduce the risk of unauthorized access.
 Security Software: Installing and maintaining antivirus, anti-malware, and intrusion
detection systems to detect and block botnet infections.
 Network Monitoring: Continuously monitoring network traffic for suspicious
patterns and anomalies that may indicate botnet activity.
 User Education: Educating users about phishing scams, social engineering tactics,
and safe online practices to prevent initial infections.

Mitigation Strategies

When dealing with botnet infections:

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 Isolation: Quarantining infected devices to prevent further spread of malware within

the network.
 Malware Removal: Using antivirus software or specialized tools to detect and
remove botnet malware from compromised devices.
 C&C Server Disruption: Collaborating with law enforcement and cybersecurity
agencies to identify and dismantle botnet C&C infrastructure.
 Collaboration: Sharing threat intelligence and cooperating with industry partners and
security experts to collectively combat botnet threats.
 Sandboxing: Running suspicious files or applications in isolated environments to
analyze their behavior without risking further infection.

Addressing Botnet Threats

Botnets represent a persistent and evolving threat to cybersecurity. Addressing these threats
requires continuous innovation, collaboration, and vigilance across organizations, industries,
and governments.

Future Outlook

The future of botnets is likely to see increased sophistication and automation:

 Advanced Tactics: Attackers will continue to develop new evasion techniques and
exploit emerging technologies.
 Target Diversity: Botnets may target a broader range of devices, including IoT
devices, to expand their network and capabilities.
 Regulatory Response: Governments and regulatory bodies will likely strengthen
laws and regulations to deter and prosecute botnet operators.

Understanding the complexities of botnets and implementing comprehensive cybersecurity

measures are essential for mitigating their risks. By staying informed, adopting proactive
defenses, and fostering collaboration, organizations can better defend against the evolving
threat landscape posed by botnets.

WHO ARE CYBERCRIMINALS?

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Cybercrime involves such activities

 credit card fraud;
 cyberstalking;
 defaming another online;
 gaining unauthorized access to computer systems;
 ignoring copyright, software licensing and trademark protection;
 overriding encryption to make illegal copies;
 software piracy and stealing another’s identity (known as identity theft) to perform
criminal acts

Types of Cybercriminals:

1. Type I: Cybercriminals – hungry for recognition

 Hobby hackers;
 IT professionals (social engineering is one of the biggest threat);
 Politically motivated hackers;
 Terrorist organizations.
2. Type II: Cybercriminals – not interested in recognition
 Psychological perverts;
 financially motivated hackers (corporate espionage);
 state-sponsored hacking (national espionage, sabotage)
 organized criminals
3. Type III: Cybercriminals – the insiders
 Disgruntled or former employees seeking revenge;
 Competing companies using employees to gain economic advantage
through damage and/or theft.

CLASSIFICATIONS OF CYBERCRIMES

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Table: Classifying Cybercrimes

“Crime is defined as an act or the commission of an act that is forbidden, or the omission
of a duty that is commanded by a public law and that makes the off ender liable to
punishment by that law”. Cyber crimes are classified as follows:
 Cybercrime against individual
 Cybercrime against property
 Cybercrime against organization
 Cybercrime against society
 Crimes emanating from Usenet newsgroup

Cybercrime against individual

1. E-Mail Spoofing: A spoofed E-Mail is one that appears to originate from one source
but actually has been sent from another source. For example, let us say, Roopa has an E-
Mail address [email protected]. Let us

say her boyfriend Suresh and she happen to have a show down. Then Suresh, having
become her enemy, spoofs her E-Mail and sends vulgar messages to all her acquaintances.
Since the E-Mails appear to have originated from Roopa, her friends could take offense
and relationships could be spoiled for life.
2. Online Frauds: The most common types of online fraud are called phishing and
spoofing. Phishing is the process of collecting your personal information through e-mails
or websites claiming to be legitimate. This information can include usernames, passwords,
credit card numbers, social security numbers, etc. Often times the e-mails directs you to a
website where you can update your personal information. Because these sites often look
“official,” they hope you‟ll be tricked into disclosing valuable information that you
normally would not reveal. This often times, results in identity theft and financial loss.
Spyware and viruses are both malicious programs that are loaded onto your
computer without your knowledge. The purpose of these programs may be to capture or
destroy information, to ruin computer performance or to overload you with advertising.
Viruses can spread by infecting computers and then replicating. Spyware disguises itself
as a legitimate application and embeds itself into your computer where it then monitors
your activity and collects information.
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3. Phishing, Spear Phishing and its various other forms such as Vishing and Smishing:

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Phishing is the process of collecting your personal information through e-mails or

websites claiming to be legitimate. This information can include usernames, passwords,
credit card numbers, social security numbers, etc. Often times the e-mails directs you to a
website where you can update your personal information. Because these sites often look
“official,” they hope you‟ll be tricked into disclosing valuable information that you
normally would not reveal. This often times, results in identity theft and financial loss.
Spear Phishing is a method of sending a Phishing message to a particular organization to
gain organizational information for more targeted social engineering. Here is how Spear
Phishing scams work; Spear Phishing describes any highly targeted Phishing attack. Spear
phishers send E-Mail that appears genuine to all the employees or members within a
certain company, government agency, organization or group. The message might look as if
it has come from your employer, or from a colleague who might send an E-Mail message
to everyone in the company; it could include requests for usernames or passwords. While
traditional Phishing scams are designed to steal information from individuals, spear
phishing scam works to gain access to a company's entire computer system.
Vishing (voice phishing) is a type of phishing attack that is conducted by phone and often
targets users of Voice over IP (VoIP) services like Skype.
It‟s easy to for scammers to fake caller ID, so they can appear to be calling from a local
area code or even from an organization you know. If you don‟t pick up, then they‟ll
leave a voicemail message asking you to

call back. Sometimes these kinds of scams will employ an answering service or even a call
center that‟s unaware of the crime being perpetrated.
Once again, the aim is to get credit card details, birthdates, account sign-ins, or
sometimes just to harvest phone numbers from your contacts. If you respond and call
back, there may be an automated message prompting you to hand over data and many
people won‟t question this, because they accept automated phone systems as part of
daily life now.
Smishing (SMS phishing) is a type of phishing attack conducted using SMS (Short
Message Services) on cell phones. Just like email phishing scams, smishing messages
typically include a threat or enticement to click a link or call a number and hand over
sensitive information. Sometimes they might suggest you install some security software,
which turns out to be malware.
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Smishing example: A typical smishing text message might say something along the

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lines of, “Your ABC Bank account has been suspended. To unlock your account, tap here:
https://bit.ly/2LPLdaU” and the link provided will download malware onto your phone.
Scammers are also adept at adjusting to the medium they‟re using, so you might get a
text message that says, “Is this really a pic of you? https://bit.ly/2LPLdaU” and if you tap
that link to find out, once again you‟re downloading malware.
4. Spamming: People who create electronic Spam are called spammers. Spam is the
abuse of electronic messaging systems (including most broadcast media, digital delivery
systems) to send unrequested bulk messages indiscriminately. Although the most widely
recognized form of Spam is E-Mail Spam, the term is applied to similar abuses in other
media: instant messaging Spam, Usenet newsgroup Spam, web search engine Spam, Spam
in blogs, wiki Spam, online classified ads Spam, mobile phone messaging Spam, Internet
forum Spam, junk fax transmissions, social networking Spam, file sharing network Spam,
video sharing sites, etc.
Spamming is difficult to control because it has economic viability – advertisers
have no operating costs beyond the management of their mailing lists, and it is difficult to
hold senders accountable for their mass mailings. Spammers are numerous; the volume of
unrequested mail has become very high because the barrier to entry is low. Therefore, the
following web publishing techniques should be avoided:
 Repeating keywords;
 use of keywords that do not relate to the content on the site;
 use of fast meta refresh;
 redirection;
 IP Cloaking;
 use of colored text on the same color background;
 tiny text usage;
 duplication of pages with different URLs;
 hidden links;
 use of different pages that bridge to the same URL (gateway pages).
5. Cyber defamation: It is a cognizable (Software) offense. “Whoever, by words either
spoken or intended to be read, or by signs or by visible representations, makes or publishes
any imputation concerning any person intending to harm, or knowing or having reason to
believe that such imputation will harm, the reputation of such person, is said, except in the
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cases hereinafter expected, to defame that person.”

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Cyber defamation happens when the above takes place in an electronic form. In
other words, cyber defamation occurs when defamation takes place with the help of
computers and/or the Internet. For example, someone publishes defamatory matter about
someone on a website or sends an E-Mail containing defamatory information to all friends
of that person.
6. Cyberstalking and harassment: The dictionary meaning of “stalking” is an “act or
process of following prey stealthily – trying to approach somebody or something.”
Cyberstalking has been defined as the use of information and communications technology,
particularly the Internet, by an individual or group of individuals to harass another
individual, group of individuals, or organization. The behavior includes false accusations,
monitoring, transmission of threats, ID theft, damage to data or equipment, solicitation of
minors for sexual purposes, and gathering information for harassment purposes.
As the internet has become an integral part of our personal & professional lives,
cyberstalkers take advantage of ease of communication & an increased access to personal
information available with a few mouse clicks or keystrokes. They are 2 types of stalkers:
Online Stalkers: aim to start the interaction with the victim directly with the help of the
internet. Offline Stalkers: the stalker may begin the attack using traditional methods such
as following the victim, watching the daily routine of the victim.
7. Computer Sabotage: The use of the Internet to stop the normal functioning of a
computer system through the introduction of worms, viruses or logic bombs, is referred to
as computer sabotage. It can be used to gain economic advantage over a competitor, to
promote the illegal activities of terrorists or to steal data or programs for extortion
purposes. Logic bombs are event-dependent programs created to do something only when a
certain event (known as a trigger event) occurs. Some viruses may be termed as logic
bombs because they lie dormant all through the year and become active only on a
particular date.
8. Pornographic Offenses: Child pornography means any visual depiction, including
but not limited to the following:
1. Any photograph that can be considered obscene and/or unsuitable for the age of child
viewer;
2. film, video, picture;
3. computer-generated image or picture of sexually explicit conduct where the
production of such visual depiction involves the use of a minor engaging in 17
sexually explicit conduct.

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Child Pornography is considered an offense. The internet is being highly used by its
abusers to reach and abuse children sexually, worldwide. The Internet has become a
household commodity in the urban areas of the nation. Its explosion has made the children
a viable victim to the cybercrime. As the broad-band connections get into the reach of
more and more homes, larger child population will be using the Internet and therefore
greater would be the chances of falling victim to the aggression of pedophiles. Pedophiles
are the people who physically or psychologically coerce minors to engage in sexual
activities, which the minors would not consciously consent too. Here is how pedophiles
operate:
 Step 1: Pedophiles use a false identity to trap the children/teenagers.
 Step 2: They seek children/teens in the kids‟ areas on the services, such as the
Games BB or chat areas where the children gather.
 Step 3: They befriend children/teens.
 Step 4: They extract personal information from the child/teen by winning his/her
confidence.
 Step 5: Pedophiles get E-Mail address of the child/teen and start making contacts
on the victim‟s E-Mail address as well. Sometimes, these E-Mails contain sexually
explicit language.
 Step 6: They start sending pornographic images/text to the victim including child
pornographic images in order to help child/teen shed his/her inhibitions so that a
feeling is created in the mind of the victim that what is being fed to him is normal
and that everybody does it.
 Step 7: At the end of it, the pedophiles set up a meeting with the child/teen out of
the house and then drag him/her into the net to further sexually assault him/her or
to use him/her as a sex object.
9. Password Sniffing: is a hacking technique that uses a special software application that
allows a hacker to steal usernames and passwords simply by observing and passively
recording network traffic. This often happens on public WiFi networks where it is
relatively easy to spy on weak or unencrypted traffic.
And yet, password sniffers aren‟t always used for malicious intent. They are often
used by IT professionals as a tool to identify weak applications that may be passing critical
information unencrypted over the Local Area Network (LAN). IT practitioners know that
users download and install risky software at times in their environment, running a passive 18
password sniffer on the network of a business to identify leaky applications is one

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legitimate use of a password sniffer.

Cybercrime against property

1. Credit Card Frauds: Credit card fraud is an inclusive term for fraud committed using
a payment card, such as a credit card or debit card. The purpose may be to obtain
goods or services, or to make payment to another account which is controlled by a
criminal. The Payment Card Industry Data Security Standard (PCI DSS) is the data
security standard created to help businesses process card payments securely and
reduce

card fraud. Credit card fraud can be authorised, where the genuine customer
themselves processes a payment to another account which is controlled by a criminal,
or unauthorised, where the account holder does not provide authorisation for the
payment to proceed and the transaction is carried out by a third party. Credit cards are
more secure than ever, with regulators, card providers and banks taking
considerable time and effort to collaborate with investigators worldwide to ensure
fraudsters aren't successful. Cardholders' money is usually protected from scammers
with regulations that make the card provider and bank accountable. The technology
and security measures behind credit cards are becoming
increasingly sophisticated making it harder for fraudsters to steal money.
2. Intellectual Property (IP) Crimes: With the growth in the use of internet these days
the cyber crimes are also growing. Cyber theft of Intellectual Property (IP) is one of
them. Cyber theft of IP means stealing of copyrights, software piracy, trade secrets,
patents etc., using internet and computers.
Copyrights and trade secrets are the two forms of IP that is frequently
stolen. For example, stealing of software, business strategies etc. Generally, the stolen
material is sold to the rivals or others for further sale of the product. This may result in
the huge loss to the company who originally created it. Another major cyber theft of IP
faced by India is piracy. These days one can get pirated version of movies, software
etc. The piracy results in a huge loss of revenue to the copyright holder. It is difficult to
find the cyber thieves and punish them because everything they do is over internet, so
they erase the data immediately and disappear within fraction of a second.
 Internet time theft: Such a theft occurs when an unauthorized person uses the Internet
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hours paid for by another person. Basically, Internet time theft comes under hacking

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because the person who gets access to someone else’s ISP user ID and password, either
by hacking or by gaining access to it by illegal means, uses it to access the Internet
without the other person’s knowledge. However, one can identify time theft if the
Internet time has to be recharged often, even when one’s own use of the Internet is not
frequent. The issue of Internet time theft is related to the crimes conducted through
identity theft.

Cybercrime against Organization

1. Unauthorized accessing of Computer: Hacking is one method of doing this and
hacking is punishable offense. Unauthorized computer access, popularly referred to as
hacking, describes a criminal action whereby someone uses a computer to knowingly
gain access to data in a system without permission to access that data.
2. Password Sniffing: Password Sniffers are programs that monitor and record the name
and password of network users as they login, jeopardizing security at a site. Whoever
installs the Sniffer can then impersonate an authorized user and login to access
restricted documents. Laws are not yet set up to

adequately prosecute a person for impersonating another person online. Laws designed
to prevent unauthorized access to information may be effective in apprehending
crackers using Sniffer programs.
3. Denial-of-service Attacks (DoS Attacks): It is an attempt to make a computer
resource (i.e.., information systems) unavailable to its intended users. In this type of
criminal act, the attacker floods the bandwidth of the victim‟s network or fills his E-
Mail box with spam mail depriving him of the services he is entitled to access or
provide. The goal of DoS is not to gain unauthorized access to systems or data, but to
prevent intended users (i.e., legitimate users) of a service from using it. A DoS attack
may do the following:
a. Flood a network with traffic, thereby preventing legitimate network traffic.
b. Disrupt connections between two systems, thereby preventing access to a
service.
c. Prevent a particular individual from accessing a service.
d. Disrupt service to a specifi c system or person.
4. Virus attacks/dissemination of Viruses:
Computer virus is a program that can “infect” legitimate (valid) programs by 20
modifying them to include a possibly “evolved” copy of itself. Viruses spread

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themselves, without the knowledge or permission of the users, to potentially large

numbers of programs on many machines. A computer virus passes from computer to
computer in a similar manner as a biological virus passes from person to person.
Viruses may also contain malicious instructions that may cause damage or annoyance;
the combination of possibly Malicious Code with the ability to spread is what makes
viruses a considerable concern. Viruses can often spread without any readily visible
symptoms. Viruses can take some typical actions:
 Display a message to prompt an action which may set of the virus
 Delete files inside the system into which viruses enter
 Scramble data on a hard disk
 Cause erratic screen behavior
 Halt the system (PC)
 Just replicate themselves to propagate further harm
5. E-Mail bombing/Mail bombs: E-Mail bombing refers to sending a large number of
E-Mails to the victim to crash victim’s E-Mail account (in the case of an individual) or
to make victim’s mail servers crash (in the case of a company or an E-Mail service
provider). Computer program can be written to instruct a computer to do such tasks on
a repeated basis. In recent times, terrorism has hit the Internet in the form of mail
bombings. By instructing a computer to repeatedly send E-Mail to a specified person’s
E-Mail address, the cybercriminal can overwhelm the recipient’s personal account and
potentially shut down entire systems. This may or may not be illegal, but it is certainly
disruptive.

6. Salami Attack/Salami technique: These attacks are used for committing financial
crimes. The idea here is to make the alteration so insignificant that in a single case it
would go completely unnoticed; For example a bank employee inserts a program, into
the bank’s servers, that deducts a small amount of money (say Rs. 2/- or a few cents in
a month) from the account of every customer. No account holder will probably notice
this unauthorized debit, but the bank employee will make a sizable amount every
month.
7. Logic Bomb: A Logic Bomb is a piece of often-malicious code that is intentionally
inserted into software. It is activated upon the host network only when certain
conditions are met. Some viruses may be termed as logic bombs because they lie
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dormant all through the year and become active only on a particular date.

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8. Trojan Horse: A Trojan Horse, Trojan for short, is a term used to describe malware
that appears, to the user, to perform a desirable function but, in fact, facilitates
unauthorized access to the user‟s computer system.
9. Data Diddling: A data diddling (data cheating) attack involves altering raw data just
before it is processed by a computer and then changing it back after the processing is
completed. Electricity Boards in India have been victims to data diddling programs
inserted when private parties computerize their systems.
10. Newsgroup Spam/Crimes emanating from Usenet newsgroup: This is one form of
spamming. The word “Spam” was usually taken to mean Excessive Multiple Posting
(EMP). The advent of Google Groups, and its large Usenet archive, has made Usenet
more attractive to spammers than ever. Spamming of Usenet newsgroups actually
predates E-Mail Spam.
11. Industrial spying/Industrial espionage: Spying is not limited to governments.
Corporations, like governments, often spy on the enemy. The Internet and privately
networked systems provide new and better opportunities for espionage. “Spies” can
get information about product finances, research and development and marketing
strategies, an activity known as “industrial spying.”
However, cyberspies rarely leave behind a trail. Industrial spying is not new;
in fact it is as old as industries themselves. The use of the Internet to achieve this is
probably as old as the Internet itself.
Traditionally, this has been the reserved hunting field of a few hundreds of highly
skilled hackers, contracted by high-profile companies or certain governments via the
means of registered organizations (it is said that they get several hundreds of
thousands of dollars, depending on the “assignment”). With the growing public
availability of Trojans and Spyware material, even low-skilled individuals are now
inclined to generate high volume profit out of industrial spying. This is referred to as
“Targeted Attacks” (which includes “Spear Phishing”).
12. Computer network intrusions: “Crackers” who are often misnamed “Hackers can
break into computer systems from anywhere in the world and steal data, plant viruses,
create backdoors, insert Trojan Horses or change user names and passwords.
Network intrusions are illegal, but detection and enforcement are

difficult. Current laws are limited and many intrusions go undetected. The cracker can
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bypass existing password protection by creating a program to capture logon IDs and

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passwords. The practice of “strong password” is therefore important.

13. Software piracy: This is a big challenge area indeed. Cybercrime investigation cell of
India defines “software piracy” as theft of software through the illegal copying of
genuine programs or the counterfeiting and distribution of products intended to pass
for the original. There are many examples of software piracy:
1. end-user copying: friends loaning disks to each other, or organizations under-
reporting the number of software installations they have made, or organizations
not tracking their software licenses;
2. hard disk loading with illicit means: hard disk vendors load pirated software;
3. counterfeiting: large-scale duplication and distribution of illegally copied
software;
4. Illegal downloads from the Internet: by intrusion, by cracking serial
numbers, etc. Beware that those who buy pirated software have a lot to lose:
 getting untested software that may have been copied thousands of
times over,
 the software, if pirated, may potentially contain hard-drive-infecting
viruses,
 there is no technical support in the case of software failure, that
is, lack of technical product support available to properly licensed
users,
 there is no warranty protection,
 there is no legal right to use the product, etc.

Cybercrime against Society

1. Forgery: Counterfeit currency notes, postage and revenue stamps, marksheets, etc. can
be forged using sophisticated computers, printers and scanners. Outside many colleges
there are miscreants soliciting the sale of fake mark-sheets or even degree certificates.
These are made using computers and high quality scanners and printers. In fact, this is
becoming a booming business involving large monetary amount given to student gangs
in exchange for these bogus but authentic looking certificates.
2. Cyberterrorism: Cyberterrorism is a controversial term. Cyberterrorism is the use of
the Internet to conduct violent acts that result in, or threaten, loss of life or significant
bodily harm, in order to achieve political or ideological gains through threat or
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intimidation. It is also sometimes considered an act of Internet terrorism where terrorist

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activities, including acts of deliberate, large-scale disruption of computer networks,

especially of personal computers attached to the Internet by means of tools such as
computer viruses, computer worms, phishing, and other malicious software and
hardware methods and programming scripts.

3. Web Jacking: Web jacking occurs when someone forcefully takes control of a website
(by cracking the password and later changing it). Thus, the first stage of this crime
involves “password sniffing”. The actual owner of the website does not have any more
control over what appears on that website.

Crimes emanating from Usenet newsgroup:

By its very nature, Usenet groups may carry very offensive, harmful, inaccurate or
otherwise inappropriate material, or in some cases, postings that have been mislabeled or
are deceptive in another way. Therefore, it is expected that you will use caution and
common sense and exercise proper judgment when using Usenet, as well as use the service
at your own risk.
Usenet is a popular means of sharing and distributing information on the Web with
respect to specific topic or subjects. Usenet is a mechanism that allows sharing information
in a many-to-many manner. The newsgroups are spread across 30,000 different topics.

CYBERCRIME: THE LEGAL PERSPECTIVES

 Cybercrime poses a biggest challenge.
 Computer Crime: As per “Criminal Justice Resource Manual (1979)”, computer-
related crime was defined in the broader meaning as: “any illegal act for which
knowledge of computer technology is essential for a successful prosecution”.
 International legal aspects of computer crimes were studied in 1983.
 In that study, computer crime was consequently defined as: “encompasses any
illegal act for which knowledge of computer technology is essential for its
commit”.
 Cybercrime, in a way, is the outcome of “globalization.” However,
globalization does not mean globalized welfare at all.
 Globalized information systems accommodate an increasing number of transnational
offenses.
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 The network context of cybercrime makes it one of the most globalized offenses of
the present and the most modernized threats of the future.

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 This problem can be resolved in two ways.

a) One is to divide information systems into segments bordered by state
boundaries (cross-border flow of information).
b) The other is to incorporate the legal system into an integrated entity
obliterating these state boundaries.

 Apparently, the first way is unrealistic. Although all ancient empires including
Rome, Greece and Mongolia became historical remnants, and giant empires are not
prevalent in current world, the partition of information systems cannot be an
imagined practice.
 In a globally connected world, information systems become the unique empire
without tangible territory.

CYBERCRIMES: AN INDIAN PERSPECTIVE

India has the fourth highest number of Internet users in the world. According to the
statistics posted on the site (http://www.iamai.in/), there are 45 million Internet users in
India, 37% of all Internet accesses happen from cybercafés and 57% of Indian Internet
users are between 18 and 35 years. The population of educated youth is high in India. It is
reported that compared to the year 2006, cybercrime under the Information Technology
(IT) Act recorded a whopping 50% increase in the year 2007. A point to note is that the
majority of offenders were under 30 years. The maximum cybercrime cases, about
46%, were related to incidents of cyberpornography, followed by hacking. In over
60% of these cases, offenders were between 18 and 30 years, according to the “Crime in
2007” report of the National Crime Record Bureau (NCRB).
Cybercrimes: Indian Statistics:
Cybercrimes: Cases of various categories under ITA 2000: 217 cases were registered under
IT Act during the year 2007 as compared to 142 cases during the previous year 2006, with
an increase of 52.8%. 99 cases of the total 217 cases registered under ITA 2000 were
related to obscene publication/transmission in electronic form known as cyberpornography.
There were 76 cases of hacking with computer system which is related to loss/damage of
computer resource/utility. India is said to be “youth country” given the population age
distribution. However from cybercrime perspective, this youth aspect does not seem good
as revealed by cybercrime statistics in India.
Cybercrimes: Cases of various categories under IPC Section: A total of 339 cases were 25
registered under IPC sections during the year 2007 as compared to 311 such cases during

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2006, thereby reporting an increase of 9%.Majority of the crimes out of total 339 cases
registered under IPC fall under 2 categories i.e.., Forgery & Criminal breach of Trust or
Fraud.
Incidence of Cybercrimes in cities: 17 out of 35 mega cities did not report any case of
cybercrime (neither under the IT Act nor under IPC Sections) during the year 2007. A total
of 17 mega cities have reported 118 cases under IT Act and 7 mega cities reported 180
cases under various sections of IPC.
The Indian Government is doing its best to control cybercrimes. For example, Delhi
Police have now trained 100 of its officers in handling cybercrime and placed them in its
Economic Offences Wing. As at the time of writing this, the officers were trained for 6
weeks in computer hardware and software, computer

networks comprising data communication networks, network protocols, wireless networks

and network security.

CYBERCRIME & THE INDIAN ITA 2000

In India, the ITA 2000 was enacted after the United Nation General Assembly
Resolution A/RES/51/162 in January 30, 1997 by adopting the Model Law on Electronic
Commerce adopted by the United Nations Commission on International Trade Law. This
was the first step toward the Law relating to E- Commerce at international level to regulate
an alternative form of commerce and to give legal status in the area of E-Commerce. It was
enacted taking into consideration UNICITRAL model of Law on Electronic Commerce
(1996).
Hacking and the Indian Laws:

Chapter of the Act

Section Ref. and Title Crime Punishment
And Title

Sec.43 (Penalty for Chapter IX Damage to computer Compensation for

damage to computer, Penalties and system etc. Rs. 1 Crore
computer system etc) Adjudication
Sec.66 (Hacking with Chapter XI Hacking (with intent or Fine of Rs. 2 Lakhs &
computer system) Offences knowledge) Imprisonment for 3 years

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Sec.67 (Publishing of Chapter XI Publication of obscene Fine of Rs. 1 Lakh &

information which is Offences material in electronic Imprisonment of 5 years
obscene in electronic form and double conviction
form) on second offence
Sec.68 (Power of Chapter XI Not complying with Fine upto Rs. 2 Lakhs &
controller to give Offences directions of controller Imprisonment of 3 years
directions)
Sec.70 (Protected Chapter XI Attempting or securing Imprisonment up to
System) Offences access to computer of 10 Years
another person without
his/her knowledge
Sec.72 (Penalty for Chapter XI Attempting or securing Fine up to Rs. 1 Lakh
breach of confidentiality Offences access to computer for and Imprisonment up to
and privacy) breaking confidentiality 2 Years
of the information of
computer

Sec.73 (Penalty for Chapter XI Publishing false Digital Fine of Rs.1 Lakh or
publishing Digital Offences Signatures, false in imprisonment of 2 years
Signature Certificate certain particulars or both
false in certain
particulars)
Sec.74 (Publication for Chapter XI Publishing of Digital Imprisonment for the
fraudulent purpose) Offences Signatures for fraudulent term of 2 years and fine
purpose of Rs. 1 Lakh

Table: The key provisions under the Indian ITA 2000 (before the amendment)

A GLOBAL PERSPECTIVE ON CYBERCRIMES

In Australia, cybercrime has a narrow statutory meaning as used in the Cyber Crime
Act 2001, which details offenses against computer data and systems. However, a broad
meaning is given to cybercrime at an international level. In the Council of Europe‟s
(CoE‟s) Cyber Crime Treaty, cybercrime is used as an umbrella term to refer to an array of
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criminal activity including offenses against computer data and systems, computer- related

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offenses, content offenses and copyright offenses.

This wide definition of cybercrime overlaps in part with general offense categories
that need not be Information & Communication Technology (ICT)-dependent, such as
white-collar crime and economic crime.
Although this status is from the International Telecommunication Union (ITU) survey
conducted in 2005, we get an idea about the global perspective. ITU activities on
countering Spam can be read by visiting the link www.itu.int/spam (8 May 2010). The
Spam legislation scenario mentions “none” about India as far as E-Mail legislation in India
is concerned.
The linkage of cybersecurity and critical infrastructure protection has become a big
issue as a number of countries have began assessment of threats, vulnerabilities and started
exploring mechanisms to redress them. Recently, there have been a number of significant
developments such as
1. August 4, 2006 Announcement: The US Senate ratifies CoE Convention on Cyber
Crime. The convention targets hackers, those spreading destructive computer
viruses, those using the Internet for the sexual exploitation of children or the
distribution of racist material, and terrorists attempting to attack infrastructure
facilities or financial institutions. The Convention is in full accord with all
the US

constitutional protections, such as free speech and other civil liberties, and will
require no change to the US laws.
2. In August 18, 2006, there was a news article published “ISPs Wary About „Drastic
Obligations‟ on Web Site Blocking.” European Union (EU) officials want to debar
suspicious websites as part of a 6-point plan to boost joint antiterrorism activities.
They want to block websites that incite terrorist action. Once again it is underlined
that monitoring calls, Internet and E-Mail traffic for law enforcement purposes is a
task vested in the government, which must reimburse carriers and providers for
retaining the data.
3. CoE Cyber Crime Convention (1997–2001) was the first international treaty
seeking to address Internet crimes by harmonizing national laws, improving
investigative techniques and increasing cooperation among nations. More than 40
countries have ratified the Convention to date.
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Cybercrime and the Extended Enterprise:

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It is a continuing problem that the average user is not adequately educated to

understand the threats and how to protect oneself. Actually, it is the responsibility of each
user to become aware of the threats as well as the opportunities that “connectivity” and
“mobility” presents them with. In this context, it is important to understand the concept of
“extended enterprise.” This term represents the concept that a company is made up not just
of its employees, its board members and executives, but also its business partners, its
suppliers and even its customers.

Figure: Extended Enterprise

The extended enterprise can only be successful if all of the component groups and
individuals have the information they need in order to do business effectively. An extended
enterprise is a “loosely coupled, self- organizing network” of firms that combine their
economic output to provide “products and services” offerings to the market. Firms in the
extended enterprise may operate independently. Seamless flow of “information” to support
instantaneous “decision-making ability” is crucial for the “external enterprise”. This
becomes possible through the “interconnectedness”. Due to the interconnected
features of information & communication

technologies, security overall can only be fully promoted when the users have full
awareness of existing threats & dangers.

Given the promises and challenges in the extended enterprise scenario,

organizations in the international community have a special role in sharing information on
good practices and creating open and accessible enterprise information flow channels for
exchanging of ideas in a collaborative manner.

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CYBERCRIME ERA: SURVIVAL MANTRA FOR THE NETIZENS

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The term “Netizen” was coined by Michael Hauben. Quite simply, “Netizens” are the
Internet users. Therefore, by corollary, “Netizen” is someone who spends considerable
time online and also has a considerable presence online (through websites about the person,
through his/her active blog contribution and/or also his/her participation in the online chat
rooms). The 5P Netizen mantra for online security is:
a. Precaution
b. Prevention
c. Protection
d. Preservation
e. Perseverance
For ensuring cyber safety, the motto for the “Netizen” should be “Stranger is
Danger!” If you protect your customer‟s data, your employee‟s privacy and your own
company, then you are doing your job in the grander scheme of things to regulate and
enforce rules on the Net through our community. NASSCOM urges that cybercrime
awareness is important, and any matter should be reported at once. This is the reason they
have established cyberlabs across major cities in India
More importantly, users must try and save any electronic information trail on their computers.
That is all one can do until laws become more stringent or technology more advanced. Some
agencies have been advocating for the need to address protection of the Rights of Netizens.
There are agencies that are trying to provide guidance to innocent victims of cybercrimes.
However, these NGO like efforts cannot provide complete support to the victims of
cybercrimes and are unable to get the necessary support from the Police. There are also a few
incidents where Police have pursued false cases on innocent IT professionals. The need for a
statutorily empowered agency to protect abuse of ITA 2000 in India was, therefore, a felt
need for quite some time.

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