Showing posts with label Cyber Crimes. Show all posts
Showing posts with label Cyber Crimes. Show all posts

INTRODUCTION:

Cyberstalking is a criminal practice that involves using the web, telephone, and/or the other transmission device to stalk another person. The perpetrators are involved within the destruction of knowledge or equipment, solicitation of minors for sexual purposes, threats, or the other sort of repeated offensive behaviour. The offenders use social media platforms, email, chat rooms, instant messaging, or the other online media to harass the victim.
                                    
Cyberstalking may be a sort of online harassment or computer oriented harassment. The Forbes defines online harassment or cyber harassment as repeated online expression amounting to a “course of conduct” targeted at a specific person who causes the targeted individual substantial emotional distress and/or the fear of bodily harm. There are various psychological reasons behind stalking like severe narcissism, hatred, rage, retribution, envy, obsession, psychiatric dysfunction, power and control, sadomasochistic fantasies, sexual deviance, internet addiction or religious fanaticism.

TYPES OF CYBERSTALKING:

There are three usual sorts of cyber stalking: online abuse, trolling and sexting.
1) Online abuse: Online abuse incorporates actions that use information and communication technologies to support intentional, repeated, and hostile behaviour by a private or group that's intended to harm another person. Victims are frequently known personally by the perpetrator.
2) Trolling: Trolling is deliberately sowing hatred, bigotry, racism, misogyny, or simply simple bickering between others. Trolls are users who thrive in any environment where they're allowed to form public comments, like blog sites, news sites, discussion forums, and game chat starting arguments or making people unhappy, by posting inflammatory, extraneous, or off-topic messages in a web community.
3) Sexting: Sexting involves the utilization of a mobile or other similar device to distribute sexually explicit images or videos.

Cyber stalking takes many forms like : Uploading personal information such as name, address or telephone number on the web Hacking and saving emails, text messages and social media posts and using them to harass or blackmail • A victim Hacking into the victim’s social media account to post offensive material and comments • Releasing personal or fake information to discredit a victim at his/her office • Using the victim’s social media account or email to stalk and get in touch with others • Creating malicious websites, fake social media profiles and blogs a few victim.

PHYSICAL STALKING VS CYBERSTALKING:

People often tend to urge confused between the 2 terms, Physical Stalking and Cyber stalking. Physical Stalking includes the acts which are intended towards harassing the victim. The most difference between the 2 terms being as under:
Firstly, the 2 terms are often distinguished on the idea of geographical proximity between the stalker and therefore the victim. While, the stalker & the victim are geographically on the brink of one another in physical stalking, there's an opportunity in cyber stalking that the victim and stalker might not be in same geographical boundaries.
Secondly, the connection between the stalker and therefore the victim differentiates the 2. Physical stalking occurs in interpersonal relationships. The victim is understood to the stalker. Cyber stalking doesn't require an interpersonal relationship between the stalker and therefore the victim. The stalker may choose a victim randomly.
Thirdly, it becomes difficult for the stalker to cover his identity in Physical stalking, making it easy for the investigators to trace him. The cyber stalkers, comparatively, enjoys high level of anonymity. It's not easily predictable because the stalker uses cyber platform and there's no physical confrontation. The stalker hides his/her identity making it difficult for the investigators to trace down the offender. The danger of criminal action is relatively less in cyber stalking because the identity of the stalker is hidden and not easily traceable.

CYBERSTALKING: STATISTICS:

A survey by a worldwide security firm Norton among 1,035 adults last year found that online harassment is on the increase in India. A number of its key findings were that 8 out of 10 people had encountered some sort of online harassment, cyber bullying and cyber stalking. A study also revealed that social media platforms like Facebook, Twitter and even Instagram are potential hunting grounds for cyber-stalkers. Victims usually run into an offender at such platforms. This might be because 39% of youngsters fail to enable their privacy settings on social media. Moreover, 25% of teens on social media reported that online incidents have resulted in face-to-face confrontation. Consistent with the research report by WHOA (Working to Halt Online Abuse) in 2013, the ratio stood at 60% women to 40% men. In 2013, most reported victims of cyber-stalking lived in California and most cases were reported within the US. 

LEGISLATIVE FRAMEWORK OF CYBERSTALKING IN INDIA:

In 2001, India’s first cyberstalking case was reported. Ms. Ritu Kohli was working with an embassy in New Delhi when her perfectly normal life turned the wrong way up. She started receiving a series of emails from an unknown source. Within the mails and letters, the accused, Manish Kathuria, threatened Kohli that he would put up her morphed pictures on adult sites alongside her telephone and residential address. The police registered her case under Section 509 of the Indian legal code, 1860 for outraging the modesty of Ritu Kohli. But Section 509 had no mention of acts done to outrage the modesty of a lady online. This acted as an alarm for the Indian Government, for the necessity to amend laws regarding the aforesaid crime and regarding protection of victims under an equivalent.
It took a series of petitions, but the case within the question which cause this radical judgment, was Shreya Singhal v. Union of India 8. Section 67A of the Act which is provision handling cyber stalking and as a reproduction of Section 292 of IPC: ‘Punishment for publishing or transmitting of fabric containing sexually explicit act, etc.’ This section relates to publishing obscene material in electronic form, it are often associated with online stalking.

Section 66E of the Act deals with voyeurism and reads as follows: “Whoever, intentionally or knowingly captures, publishes or transmits the image of a personal area of a person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which can reach three years or with fine not exceeding two lakh rupees, or with both.” 10 And Section 354C of IPC criminalises the offence of Voyeurism.
Section 354D of IPC defines stalking. It reads as follows: “Any man who follows a lady and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a transparent indication of disinterest by such woman; or monitors the utilization by a lady of the web, email or the other sort of transmission, commits the offence of stalking. The victim also can additionally file a complaint against the perpetrator under Section 499 of IPC which deals with defamation. Section 503 punishes criminal intimidation as threats made to a person with injury to her reputation, either so as to cause alarm to her, or to form her change her course of action regarding anything she would otherwise do/not do. Section 507 punishes criminal intimidation by an anonymous communication with a term which can reach two years of imprisonment.
The Indian Legislation has lack provisions explicitly handling the offence of Cyber stalking. It's possible to punish the offender under the abovementioned provisions, but there's no expression provision handling solely this crime. It makes the commission of the crime easier, while the consequences on the mental and physical wellbeing of the victims are major and long lasting. The penalty provided under existing provisions must be increased keeping in mind the effect on the victim.

PREVENTION OF CYBERSTALKING:

In the virtual universe, cyber-stalkers are hidden at every corner waiting to attack their potential prey. People may never know when they're being projected as a target until it’s too late. There are some ways during which a cyber-criminal can target you. The subsequent are some simple ways to guard yourselves online: Don’t send or receive private emails or messages when connected to a public Wi-Fi as they're highly unsafe. With modern technology, there’s always an opportunity that somebody might be keeping an eye fixed on your internet traffic.

To guard your personal data and to stay yourself anonymous online use of a VPN should be done. Install a secure, secured and latest version of top-notch antivirus software on your PC, laptops and other devices. Keep your uploads on social media in restraint. One shouldn't provide excessive personal information which might help a cyber-stalker to commit crimes easily. One should use strong and unique passwords and also put multi-factor authentication so as to stop quick access to your personal information.
Avoid phishing mails, which are a serious threat online. This will be done by raising awareness and implementing the strategies suggested above so as to guard yourself and your loved ones from these sorts of threats. 


CONCLUSION:

In recent years, a succession of legal articles proposing regulation of cyber stalking have either attempted to justify cyber stalking as an extension/continuation of stalking or have overemphasized the importance of formal Gothic law. They need rarely looked into cyberspace with any real social insight, instead that specialize in the question of the way to adapt laws of the important world for application in cyberspace. Cyber stalking may be a new sort of crime itself. None of the prevailing provisions are capable of handling the cases efficiently.

India doesn't have any direct legislation on the topic. Information Technology Act and Indian legal code have few provisions that would be associated with this cybercrime and hence the stalkers are often booked under those provisions. There are hardly any reported cases because the police authorities don't take up the case due to the enforcement issues because the stalker and therefore the victim may belong to different countries thus, it becomes difficult to make a decision on law of which country is to be followed. We should always take some precautions for our safety and if after then such situation arises, we should always take recourse to legislative provisions. Our step should be taking precaution on our end.

REFERENCES:

1. Indian Penal Code, 1860, No.45, Acts of Parliament, 1860.
2. The Information Technology (Amendment) Act, 2008, No.10, Act of Parliament, 2009
3. The Information Technology (Amendment) Act, 2008, No.10, Act of Parliament, 2009 8 AIR 2015 SC 1523
4. KW Seto, How Should Legislation Deal With Children as the Victims and Perpetrators of Cyber stalking?, 9 CARDOZO WOMEN‟S L. J. 67, 73-74 (2002) 6 Available on (https://www.globalsign.com/en-in/blog/what-is-cyberstalking-and-how-to-prevent-it/)
5. Available on (http://www.legalserviceindia.com/legal/article-214-cyber-stalking-challenges-in-regulating-cyberstalking-at-thecyber-space.html)
6. Image Source: https://www.bajajallianz.com/blog/knowledgebytes/cyber-stalking-the-rising-threat.html 

INTRODUCTION

Due to growth and development in technology there has been enormous change in day to day life. The Internet has made communication and access the information easy through emails, chat groups, various social networking sites etc. wherein individuals can publish and spread information. This easy access misused by users for publishing defamatory statements in the cyber space.
The main reason of increasing such misuse is that users do not have to reveal their true identity in order to send email or post messages on bulletin boards. Users are able to communicate and make such posting anonymously or under assumed names. Accordingly, the re-examination of existing laws relating to defamation is required, to allow for their possible evolution and ultimately their application in cyberspace.[i]

CYBER DEFAMATION

Cyber defamation is a new concept but the traditional definition of the term defamation is applicable to the cyber defamation as it involves defamation of a person through a new and a virtual medium.
Defamation means infringement of another’s right to his good name by making some maligning statement to someone other than that person. It means defamatory statement must be disclosed to a third person. If it is not disclosed to third person, then no defamation because of requirement of publication is not satisfied. Defamation is defined as “an intentional false communication, either published or publicly spoken, that injures another’s reputation or good name.”[ii]
In Cyber Defamation, internet or computer is used as a method of harming the reputation of the other person or lowering the reputation of a person in front of others. 

SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra (CS(OS) No. 1279/2001 ) was the first case of cyber defamation in India wherein the court passed an interim, ex-parte injunction order and consequently, the Delhi High Court restrained the defendant from sending derogatory, defamatory, obscene, vulgar, humiliating and abusive emails either to the plaintiffs or to its sister subsidiaries all over the world including their Managing Directors and their Sales and Marketing departments.
For proving the cyber defamation, there are three essentials-
1. The imputation made against a person should be published.
2. Such imputation shall be in the form of visible representations.
3. The intention behind making such imputations should be to cause harm or with the knowledge that it will harm the goodwill of the person.[iii]
In India, the liability of cyber defamation is two folds:
1. Primary writers-Person who has written the defamatory content and published it on the cyberspace.
2. Service providers- The ISP or bulletin board service providers who authorized for the publication of such defamatory content.
Cyber Defamation is civil as well as criminal offence. It is also a socio economic offence because when defamation done against institutions, corporate houses or organizations, this could also hamper the economic interests of the country as a lot of goodwill is attached to the face value/ brand value of such entities.

STATUTORY PROVISIONS GOVERNING CYBER DEFAMATION IN INDIA

Right to Reputation or Right against Defamation is recognized as basic human right in international legal instrument. As per Article 12 of UDHR, reputation of individual should be protected from arbitrary attack on reputation and Article 10 of European Convention on Human Rights also recognize right to reputation as basic human right by way of imposing restriction on freedom of speech and expression.
The law of defamation under Section 499 of IPC, 1860 got extended to "Speech" and "Documents" in electronic form with the enactment of the Information Technology Act, 2000. The offence of defamation is punishable under Section 500 of IPC with a simple imprisonment up to 2 years or fine or both. 

As per Section 469 of IPC, 1860, if forged document or forged electronic record harm the reputation of any person shall be punishable.
Section 503 of IPC, 1860 deals with Criminal Intimidation and it also includes criminal intimidation by use of emails or other electronic means and Section 124A of IPC deals with Sedition. Wherein when anyone defame a minister or government official in cyber space or in any other place
The Section 66A of the Information Act, 2000 does not specifically deal with the offence of cyber defamation but it makes punishable the act of sending grossly offensive material for causing insult, injury or criminal intimidation.

But the provision has been struck down by the Supreme Court of India in case of Shreya Singhal and Ors. v. Union of India in March 2015. Thus now there is no provision under Information Technology Act 200 which specifically deals with Cyber Defamation.
The chiefly aim of Section 67 of the Information Technology Act, 2000 is curbing the increasing number of child pornography cases and does not encompass other crimes which could have been expressly brought within its ambit such as cyber defamation.
 
As per Section 79 of the IT Act, 2000 ISPs can be held liable in the following situations-
1. If they have conspired, abetted or induced in the unlawful act,
2. If, they fail to expeditiously remove or disable access to any information, data or communication link upon receiving the knowledge or on being notified by appropriate Government agency that such information, data or communication link is being used to commit unlawful act without interfering with the evidence; 

The liability of Intermediary according to safe harbour rule depends upon the answer to three questions:
1. “Intermediary” was itself was involved in the commission or creation of the content
2. The intermediary controls its content.
3. The varying degrees of knowledge of the information and control over it.
Freedom of speech and expression is Fundamental right which is provided under Article 19 of Constitution but right to free speech cannot mean that a citizen can defame the other as it is held by Supreme Court in Subramanian Swamy v. Union of India (( 2016) 7 SCC 194)

The legislator has to make a balance the competing interest between individual rights such as privacy and free speech, and the need to protect the integrity of the world’s public and private networks.
The present laws in India do not have adequate approach towards cases of cyber defamation. Undoubtedly the Act is a historical step in the cyber world still the efforts made by Indian government are not sufficient enough to curtail the rate of Cyber Defamation in India in cases of extraterritorial jurisdiction. Though it has provided with the provision to deal beyond the territorial limits but it has not given any framework for its execution It can be recommended that, Defamation laws should be sufficiently flexible to apply to all media. A balance will always need to be struck between freedom of expression and reputation. 

REFERENCES

[i] Amit k Kashyap and Dr. Tarkesh Molia, “Defamation in Internet Age :- Law and Issue in India” 1 IJIEMT 17 (2016).
[ii] Dixon v. Holden, 1869 LR 7 EQ 488.
[iii] Santosh Tewari v. State of UP, CRL.A. 1733 of 1944.

Introduction

Cyberspace alludes to the virtual computer world, and all the more explicitly, is an electronic medium used to frame a worldwide Computer organization to encourage online correspondence.[1] 


Modes of regulations in Cyberspace are:

Social Norms

In order to function and be accepted in a society, a person will live by its norms. You believe in the role of educating people so that new norms may develop as new technology is used.

As an example of the change of attitudes that result from education programs you might look back on smoking ads that once portrayed cigarette smokers as beautiful, sophisticated, sexy people with the ads of today, where a blackened sponge is wrung out to show the impact of smoking on the lungs.
Once education creates a new norm, community behavior it is regulated by peer and social pressure. Norms can involve the adoption of “rules” for regulating behavior. These rules may not have the force of law but they create a level of behavior that anyone wanting to be accepted in that group ought to adopt.

People that breach norms may incur sanctions. These sanctions do not have the force that penalties or custodial sentences might have in a legal setting. The sanction when imposed may result in an infringer being placed outside a norm group. On showing contrition, particularly where there contrition is matched by entry into a re-education program about the norm, the infringer may be readmitted. Usually a body or entity that is a part of the group will make findings about any infringements and the sanction that ought to apply.
The norms that come about as a result of education may need to be put into writing. In a technological era this writing might take the form of Acceptable Use Policies, Terms of Engagement and other polices that act as a norm but may not be legally enforceable like a contract.

Law

You believe in parliament’s capacity to make laws to regulate the behavior of its citizens. Where parliaments are silent, the courts will make precedents.
People who break the law suffer sanctions - these can be civil penalties of loss of money when an infringing party is ordered to pay damages to another. There is also criminal law through which you believe society establishes what constitutes acceptable and unacceptable behavior. Unacceptable behavior is regulated through a sentencing regime – lesser offences might incur fines and bonds, more serious ones some form of custodial sentence.
You are satisfied that if parliament makes a law then it is made by the people. What is parliament if nothing other than a representative body of the people as expressed at elections?
Once a matter becomes law the law itself ought to be black letter – it ought to be clearly understood, free from doubt and dispute. Breaches should result in similar punishments.

Architecture

You believe in the power of human to design systems that regulate behavior. To control speeding in a back street you would design and build speed humps. In a digital world you believe in the power of software code to be able to create a form of regulation. For example, you might design a technological protection measure in your software that prevents a program with a license of ten users from allowing an eleventh user to open it over a network.

You find education / norms too slow to bring about change. You find law too expensive. You can design the world you want and have people regulate their behavior because such restrictions in behavior are inherent in what you have created. You consider yourself a geek and technological master of non-technical people who use other forms of regulation.
You also realize that if you can regulate behavior through design then your product will be more valuable. You usually work in the private sector though increasingly your skills might be sought in publicly owned entities wanting to develop monitoring and surveillance systems.

Market Forces

You are convinced that market forces regulate behavior. If a manufacturer creates an unsafe product this will become known to the market and consumers will not purchase these products. If a software designer wants to copyright and license his or her work, then the market will determine if the software is worth buying as compared with that of competitors. Markets will determine what survives and what doesn't in the market place. Market forces also use price as a form of regulation.
Out of all these four modalities code has prevailed over other modalities of regulation online as The Internet Watch Foundation is responsible for deciding which material should be blocked from public access for criminality, but is a private body a desirable form of regulation.
It is the revolutionary tool that has gripped our society with such omnipresence – we literally are capable of entering into cyberspace anywhere and at any given moment – that man forgets of its youth. Few can acknowledge quite the impact it has had in demolishing the old world and sculpting the new, but for all that it has done, the internet has been perennially coupled with a crucial problem: how exactly is it to be regulated?
Thinkers in the “age of the internet” have disputed over this key issue for years, and although it is important to look at regulation of the internet from a theoretical viewpoint, it is equally important to analyze what is being done in society today and to determine how effective these current mechanisms are. We will study the role of the Internet Watch Foundation as it attempts to regulate Britain online, and examine the advantages of having this private organization regulate the internet, whilst outlining the concerns of such a form of internet regulation.

Lessig describes in his book, everyone’s behavior can be described as a “pathetic dot” and is being constrained by four modalities of regulation: law, norms, market and architecture[2]. In other terms, regulation is the complex interaction of the above mentioned forces.
In order to better explain these concepts, we will make reference to Lessig’s own example of smoking. If one wants to smoke, they would face some constraints, which affect their decision.
Firstly, the law. If you are 15 and your country forbids selling cigarettes to minors, no shop would sell you any cigarettes and, thus, you will not be able to smoke.
Secondly, norms existing in any society, namely a set of social rules that govern an individual’s behavior. In the case of smoking, there is an informal rule that a smoker is not supposed to light a cigarette in a confined space without asking for permission first.

Thirdly, the market. If, for instance, the price for cigarettes went up, it is likely that some smokers would be discouraged to smoke and would potentially quit.
Lastly, the architecture, which is the technology of cigarettes. Your will of smoking could be limited, for example, by reducing the quantity of nicotine contained in them.
Based on these concepts, it becomes clear society is regulated through different limitations.[3]
However one great difference exists between the situation of Bukovina and the one that society is facing now online: the private companies. If there is no government that has the competence of regulation, companies owning the services online will take matters into their own hands and regulate at their own will since the consumers online can be exploited economically. This was also pointed out by Lessig. Such an argument leads to the conclusion that the answer to the question is no. A totally free, self-­regulating market can and will not work. 

CONCLUSION

The constraints are distinct, yet they are plainly interdependent. Each can support or oppose the others. Technologies can undermine norms and laws; they can also support them. Some constraints make others possible; others make some impossible. Constraints work together, though they function differently and the effect of each is distinct. Norms constrain through the stigma that a community imposes; markets constrain through the price that they exact; architectures constrain through the physical burdens they impose; and law constrains through the punishment it threatens.

We can call each constraint a “regulator,” and we can think of each as a distinct modality of regulation. Each modality has a complex nature, and the interaction among these four is also hard to describe. I’ve worked through this complexity more completely in the appendix. But for now, it is enough to see that they are linked and that, in a sense, they combine to produce the regulation to which our pathetic dot is subject in any given area.
Law regulates behavior in cyberspace. Copyright law, defamation law, and obscenity laws all continue to threaten ex post sanction for the violation of legal rights. How well law regulates, or how efficiently, is a different question: In some cases it does so more efficiently, in some cases less. But whether better or not, law continues to threaten a certain consequence if it is defied. Legislatures enact prosecutors threaten courts convict.

Markets regulate behavior in cyberspace. Pricing structures constrain access, and if they do not, busy signals do.
Areas of the Web are beginning to charge for access, as online services have for some time. Advertisers reward popular sites; online services drop low-population forums. These behaviors are all a function of market constraints and market opportunity. They are all, in this sense, regulations of the market.
Finally, an analog for architecture regulates behavior in cyberspace— code. The software and hardware that make cyberspace what it is constitute a set of constraints on how you can behave. The substance of these constraints may vary, but they are experienced as conditions on your access to cyberspace. In some places (online services such as AOL, for instance) you must enter a password before you gain access; in other places, you can enter whether identified or not.

In some places the transactions you engage in produce traces that link the transactions (the “mouse droppings”) back to you; in other places this link is achieved only if you want it to be. In some places, you can choose to speak a language that only the recipient can hear (through encryption) in other places encryption is not an option.
The code or software or architecture or protocols set these features, which are selected by code writers. They constrain some behavior by making other behavior possible or impossible. The code embeds certain values or makes certain values impossible. In this sense, it too is regulation, just as the architectures of real-space codes are regulations.
Architecture, laws, and customs maintain and represent whatever balance has been struck in real space. As we construct and inhabit cyberspace communities, we will have to make and maintain similar bargains though they will be embodied in software structures and electronic access controls rather than in architectural arrangements. Therefore, individuals are no more than a pathetic dot. 

Reference

[1] https://www.techopedia.com/definition/2493/cyberspace
[2] Codes and Other Laws of Cyberspace, 2006
[3] https://cyber.harvard.edu/ptc2010/sites/ptc2010/images/Lessig_Code_Excerpts.

Introduction:

Cyber Crime is a crime in which digital technologies, communication technologies, the internet is used in the commission of offenses.[1] The area where the internet is used is known as cyberspace. Cyberspace is a broad term as it includes internet, electronic devices like mobile phones, computers, data storage devices, ATMs, etc. The laws dealing in this area are called cyber laws. No act or regulation of India defines the term Cyber Crime. 


The Oxford dictionary defines it as the "crime that is committed using the internet, for example, by stealing somebody's personal or bank details or by infecting their computer with a virus.[2] Few common examples of Cyber Crime are child pornography, online transaction fraud, cyberstalking, etc. In India, the Information Technology Act, 2000 is dealing with such types of offenses. Cybercrime is divided into four categories[3]:

1. Against person: Cyberstalking, impersonation, breach of privacy, defamation, harassment, hacking, fraud, cheating, etc.
2. Against property: Copyright, stealing information and data, computer vandalism, computer trespassing, siphoning of funds from financial institutions, etc.
3. Against society: Child pornography, child trafficking, online gambling, forgery, financial crimes, etc.
4. Against government: Hacking of government websites, cyber terrorism, cyber extortion, etc.

Cybercrime against women:

1. Cyberstalking: 

The term stalking means to consistently follow a particular person over a period of time, such activity might also involve threatening behavior or harassment, identity theft, or any other form of repeated offensive behavior.[4] It is a crime where there is an involvement of two people. The stalker is the person committing the crime and the victim is the one getting stalked. The targets of such crimes are mostly women and children. It can be explained as an act to follow a person’s movement across the internet through various methods like emails, phone calls, chat-rooms on various platforms, etc. The intention behind such activity may be an obsession for love, hate, revenge, harassment, etc. The acts dealing with such offenses are the Information Technology Act, 2000(Section 72, 67, 67A), and the Indian Penal Code, 1860(Section 354D, 499).

2. Cyber pornography: 

It is a global problem that involves publishing, distributing, or designing pornography by using cyberspace. The easy availability of the internet has helped people view pornographic content online. The IT Act prohibits the production and distribution of pornography, making the spreading of pornographic content on any electronic means an offense. Such content is difficult to delete the content from every device as it gets spread widely. Victims of such offenses suffer for a lifetime of re-victimization as the content will be on the internet forever. In many cases, the offenders blackmail the victim by threatening to post such content again. The acts dealing with such types of offenses are the Information Technology Act, 2000(Section 67, 67A, 67B), The Indian Penal Code,1860 (Section 292, 293), Indecent Representation of Women’s Act, 1986, The Protection of Children from Sexual Offences Act, 2012 (Section 13, 14, 15).

3. Cyberbullying:

 This is a type of bullying where the victim is bullied albeit electronic means. It can include threats, sexual remarks, spreading rumors, etc. The term bullying means a form of harassment where the superior influence is used to intimidate a person to do something which he wouldn’t do otherwise. The victim goes through a lot of emotional damage as it leads to anxiety, stress, insecurities, etc.

4. Cyber defamation: 

It occurs when a person defames another using any form of electronic mode. The publication of such a statement is a requisite for such an offense. It means publishing a false statement about an individual in cyberspace which causes injury to the person's reputation. The Indian Penal Code (Section 499, 500, 469) deals which such cases. The Information Technology Act, 2000 dealt with such offenses but after the case of Shreya Singhal v. Union of India[5] section 66A was quashed by the Supreme Court.

5. Online harassment: 

It can involve sexual harassment which is unwanted contact of a personal nature or other act based on unwanted contact or an act based on sex affecting the dignity of men and women at work. [6] The acts which can constitute of online harassment are public actions or threats, false accusations of defamatory nature, sexual remarks, humiliate a person to gang up against him, etc.[7] It can be done by the way of emails too. The offender regularly sends offensive emails; it can be committed easily by creating fake emails. The acts dealing with such offenses are the Indian Penal Code,1860 (Section 354A, 292A, 499), and Information Technology Act.

6. Sextortion: 

It occurs when someone threatens to distribute private and sensitive material using any form of an electronic device if the victim does not provide images of sexual nature, any sexual favors, or money. It is a form of blackmail. Such offenses can be done by a known person or even strangers in some cases. The National Commission for Women (NCW) has recorded a rise in such complaints and the number has doubled during the lockdown.

7. Morphing:

 Photo morphing is when a user edits an original picture and later uploads them. It's usually morphed in a way that the original picture is hard to recognize. This crime is used to blackmail the victim and even destroy the image of the person. The offender downloads the images from various social media platforms which are later edited and made in a sexually explicit image. The acts dealing with such offense are the Indian Penal Code, 1860 (Section 292), and the Information Technology Act, 2000 (Section 67).

Prevention:

There are some steps that can be taken to prevent such offenses online. The Internet allows connecting with people from all around the world. Some individuals will try to gain your trust to acquire some personal information or photographs etc. Therefore, a simple trick is to be cautious of the possible outcomes of your actions online and not give any chance for the commission of an offense to such individuals. Another step that can be taken to avoid such circumstances is to check the settings of the social media accounts. Few platforms give access to change these settings so that the personal information is not visible to strangers. Two-factor authentication and good passwords can also prevent a few of these offenses.
The evidence of harassment, stalking should be kept by saving messages, printouts, and screenshots as such pieces of evidence can be hidden simply. It can also be prevented by not sharing personal information in online public spaces or with strangers. If such a crime takes place, the same can be reported to the nearest police station or help can be taken from any online help agency.

Conclusion:

Technology is considered a precedence, but these crimes create an existing menace. The increase in the use of the internet has given people a lot of space to commit wrongful acts. The communication has been made easier due to the increase in accessibility of the internet. However, such convenience comes with a catch. The effortless exchange of information and data over the internet has brought an increase in such cases against women. Many cases are not even reported due to the social stigma attached to it. The data of NCW show that the lockdown has resulted in the increase of cybercrime cases against women.

INTRODUCTION

The London Court of International Arbitration ( LCIA) is one of the world’s leading international institutions for commercial dispute resolution. Very similar to the arbitration system of our country it also works as the same. It also helps parties to solve their commercial disputes. It is an institution whose rules are universally applicable and it is suitable for all types of arbitral disputes. 

LCIA has the best in it as it has a lot of flexibility as well as the speed and efficiency in the appointment of arbitrators. The rules of LCIA are so flexible and contribute a lot to the IT sector also. The rules of LCIA have gone through an amendment process and have become more advantageous. So, let us discuss about the amended rules of LCIA , meaning of data protection and cyber security.

AMENDED RULES OF LCIA

LCIA amended its various rules. On 11 August, LCIA unveiled the rules of arbitration. Those amended rules will be effective from 1 October onwards. All these rules supersede the rules which were effective till 2014. The newly introduced rules of LCIA are so modern in line and is more effective than the rules which were present till 2014. The new drafters of these rules said that these rules are not dramatic and are huge effective than the early laws.
Some of the main changes that are introduced to the LCIA rules are summarised below:
  • EARLY DETERMINATION- The process of an expression in early determination has been introduced. Under previous rules the power of dismissal lied within the hands of arbitral only which is clearly mentioned in Article 14.4 (ii) and 14.5 of the 2014 LCIA Rules. The 2020 has made purely to express all these rules in the Article 22.1 (viii). The express coming out of the power of dismissal from the hands of arbitral is a great step towards the general trend and in the development also. The newly made rules will also help in the enhancement of the international arbitration, save costs and protect parties from manifestly unmeritorious claims.
  • MULTIPLE PROCEEDINGS AND CLAIM- It is also a very huge development for LCIA that it has purely widened its rules and hence a new article, i.e., article 22A has been added. Under the 2014 LCIA rules the tribunals only had the power to order with the allowance of LCIA but now after the changes made in the rule the tribunals have the right to work accordingly without the permission of LCIA. 
Before discussing about the effect of LCIA amended rules on cyber security and data protection , it is very crucial for us to discuss about cyber security and data protection.

CYBER SECURITY

The security in the field of internet areas is known as cyber security. Our country, India enacted the IT Act, i.e., Information Technology Act 2000 on 9th June 2000. It is purely based upon the UNCITRAL model law on e- commerce. The preamble of this act focusses a lot on the transactions which are carried electronically. The scope of this sector is so wide. It has reached too many people across the whole world. It has widened its scope to data protection, cyber crime etc.
This act also travelled through the path of an amendment. It was amended in 2011 lastly. Though there has been so much increment in cyber fraud, data breaches the IT sector has not made any changes since the past 9 years. The Minister of Electronics and Information Technology in February 2020 announced so clearly that it will make IT sector so strong that it can focus so strongly on cyber security.

DATA PROTECTION

Data protection is one of the crucial parts of the cyber security. We can say it very lucidly that it is the backbone of the cyber security. The information which are so personal and important are secured. Such data is when protected is known as data protection. Our data reveals a lot about us, gives a lot of crucial information, our thoughts are secured due to protection. The leakage of such information can be very dangerous. Such data can be easily exploited with an intention to harm. It is very important for everyone to secure data such as journalists, activists etc.
Data protection enables us to safeguard our important information. So, if we talk about the general definition of data protection we can very lucidly say that it is the very important process of safeguarding information from corruption, compromise or loss. It’s importance increases as the data stored continues to grow at large.
In the European Union, data protection is a fundamental right. It is a very positive work for Europeans so that they can protect their personal data.

EFFECTIVENESS OF LCIA RULES ON CYBER SECURITY AND DATA PROTECTION

The rules of LCIA have been so flexible and effective and it is contributing a lot for the other sectors too. The effectiveness of the LCIA rule on IT is mentioned in a clause as follows:
“ The Revised Arbitration Rules also contain a new provision explicitly providing that any processing of personal data by the LCIA is subject to applicable data processing legislation. The Tribunal must also consider, at an early stage of the arbitration, whether to adopt specific information security measures and measures to ensure that any personal information exchanged during the arbitration complies with the applicable data protection legislation. It is very clearly mentioned in Article 304A and 13. The amendments also contain new provisions regarding compliance with applicable requirements relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering, and economic or trade sanctions (Article 24A and Article 10).”

CONCLUSION

The LCIA rules are much effective for the cyber security. The amended rules are much more profitable and contribute a lot towards the rights of tribunal. Earlier, for making some decisions tribunal used to take permission from LCIA and they did not have many advantages but now they have many advantages and rights. The rules are also much effective on the cyber security and data protection. It contributes a lot in the data protection. It also contributes in the field of IT sector a huge. Some new provisions were made to eradicate online frauds and many other cyber crimes. So, the amended LCIA rules contributed a lot in our IT sector and due to those amended rules the performance of this sector is getting broadened.

REFERENCES

https://www.debevoise.com/insights/publications/2020/08/new-lcia-rules-encourage-streamlined
https://www.accessnow.org/data-protection-matters-protect/
http://arbitrationblog.kluwerarbitration.com/2020/08/13/the-lcia-publishes-its-2020-rules-a-light-touch-update-to-meet-modern-needs/
https://www.ikigailaw.com/cyber-security-framework-under-the-it-act-in-india/#acceptLicense
https://www.drishtiias.com/daily-updates/daily-news-editorials/cyber-security-framework-in-india

Introduction 

The growth and increase in information technology and telecommunication there has been an increase in illegal activities in the reel world which has indirectly affected the real world, having connection with cyberspace, proxy server, hijacking mails and fake websites are being used as a gateway or tool for fraud and virtual crime or cyber crime. The human nature of greed, at the time connected with digital world makes it hard for the layman to get out of the net. It is easier to get connected with the outer world or the digital world but at the same time it becomes difficult and vulnerable to online scams, fraud etc. 


Types of Cyber-Crime 

a. Phishing- It comes from English word fishing (to catch fish). In real world it is cheating. A research conducted by CISCO on email fishing kit which cost around $65.

i. Virus Injection through Phishing:

A. SMS link

B. Email attachments

C. Post with Malware

ii. Phishing Links to Fake Links (fake URL)

A. Emails

B. SMS

iii. Phishing by Temptation (Bank to Cash)

A. Emails

iv. Vishing through phone calls

v. Smishing

b. Social Media

i. SM Overuse

ii. SM Fake News: More than 70% are false

iii. SM Panic and Fear Mongering

iv. SM Misuse

c. Monitoring Children

i. Online Gaming (business)

ii. Online Bulling

iii. Online Grooming

iv. Fake Profile Amanda Tort

d. Cyber Terrorism as defined under Sec 66F of Information Technology Act.

5 ONLINE FINANCIAL FRAUDS 

1. Quest Net Scam/Multilevel marketing 

The scammers make you realise that all your life you have been sad and it's high time when you can uplift and become a 'self-made individual' who can easily turn his start-up idea into real within no time. They ask you to invest an amount (minimum 2.5-3.5 lakhs to be precise) and tempts you with sponsored international trips, expensive cars, lavish lifestyle.

ILLS: A scam by a Hong-Kong based company Quest Net (Qnet) has drained the hard-earned money of lakhs of innocent middle-class people PAN India within the hearing of the multi- crore scam of Qnet operating in India by the name of Vihaan Direct Selling (India) Pvt Ltd., Bombay HC observed that the motto of the corporate is camouflaged and therefore the sole intention is to fool others. It's a sequence where an individual is fooled then he's trained to fool others to earn money. For that purpose, workshops are conducted where study and business material is given a jugglery of words, promises and dreams. Thus, the deceit and fraud is camouflaged under the name of e-­marketing and business.

2. Credit Card Fraud/ Skimming 

A message pops up in your phone telling you that your telephone number or your account has won a lottery for Rs 5,00,000 and you're required to offer bank details in order that they will deposit the cash in your account. Sometimes, we receive a call from our 'Bank' we've our account in. they struggle to realize your confidence by reciting the primary six digits and asking you to deposit the master-card monthly amount, else your account are going to be blocked. Then, they ask you to inform the OTP you receive on your number and therefore the moment you tell the OTP, your account is debited with all of your money. Scammers swipe the card through an electronic device known as a “wedge” or “skimming device” which records all information contained on the magnetic strip.


3. App based loan Companies Fraud/ Ponzi-Schemes

Most of time we discover ourselves during a situation where we are falling in need of funds, especially once we have just started earning. We are stuck during a situation where neither can we afford credit cards nor we discover it suitable to approach a near one for help. These apps appear to be a blessing in disguise when faced with such a situation. Although, there are many articles doing rounds talking about the genuineness of such apps, there are several reasons why the author regards them not only fraudulent but also a call for participation to harassment.
These apps mostly target college-going students and young professionals within the age bracket of 24-28 who have just started earning money. They supply loan for an amount ranging between Rs. 5,000 to Rs. 50,000. Investment schemes that promise to pay relatively increased rates of returns for fixed term investments. They have been fraudulent investment plans-money is not invested at all!


4. Freelance Sites Fraud/ Pyramid Schemes[i]

These frauds were prevalent in the COVID-19 lockdown period. Earn from home! Earn 8000 an hour! of these ads really make us wonder if it's that easy to earn money online, why people commute for two hours each day for a lesser paying job. Although there are genuine sites, the traffic of 'freelancing' has covered the web to such an extent that it's now become simply impossible to select out genuine ones from the fraudulent ones. The most fraudulent ones are those which involve data entry. The author found certain reviews of a site called Resumebott which has fooled several people.

5. 2nd hand product based website fraud

 We all have encounter sites like drooms, olx etc. People consider buying second-hand products at an excellent bargained price than going for a fresh one. Since this market saw a boom in India, there are people that are fraudulently making a fortune out of it. ILLUS: Recently, on twitter it was published by the officials of CISF wherein some antisocial elements are putting up ads purchasable of second-hand products like car, luxury furniture at a tremendously cheaper price. These elements are using fake IDs of defense and police professionals so as to realize trust and thereby asking the people to pay 10% or 50% advance to book the merchandise.

Other financial frauds are as under:

A. Fake Prize

B. Fund Transfer

C. Advance fees scams[ii]

D. Counterfeit cards

E. Inheritance scams

F. International lottery fraud 

DATA ON CYBER CRIME

[iii]Information released by Delhi Police showed that 3,430 complaints were received in May-June compared with 1,260 in January. While more than 60% of the complaints were regarding financial fraud, 20% were of online harassment. As of now, over 1,200 such cases are registered on the online portal and inquiry is under way in many cases as various social media platforms haven't shared the relevant details.[iv]

ILLUSTRATION OF PHISHING BY TEMPTION AND CREDIT CARD SCAMS. 

Before 2 months I had ordered some artistic material from a website which was suggested on my Instagram account. But I was unaware of the fact that the payment is to be made in Dollars instead in Rupees. I order the material which cost $4.5 for 2 items but at the time of payment, I didn’t received an OTP for the confirmation (in normal procedure there come s OTP on the mobile for confirmation) still the above amount was deducted from my account which had no dollars in it. The next morning I went to the bank for the Stop Payment to the receiver’s account. The bank manager asked me to fill the form for the same also asked to file a complaint in police. I filed the complaint with cyber police on www.cybercrime.gov.in.

After seven days I got a call from bank that I had got the refund in my bank account. At the same time the complaint filed with cyber-police got transferred to the local police station. As I got the money back in my account, I cancelled the complaint filed with police. The time taken by the local police to cancel the complaint was 4 days. After which I got call to be at local police station to cancel it manually. It took nearly 1 month for them just transferring the complaint.

Process of complaint if a financial fraud happens from bank to bank.

STEP 1: File a complaint/ fill a form with bank for stop payment to the receiver’s account. And file a complaint with Police on cyber crime portal or local police station

STEP 2: Bank would revert bank in 7-10 days about the refund or after investigation police would revert back.

ILLUSTRATION OF IDENTITY FRAUD

In year 2018, a teenage boy from Gurgoan posed as a girl on social media and lured a boy to urge his personal photos. Soon, he started blackmailing this boy for money which he wanted to be transferred through online payment app.

Role of Police: The case was then forwarded to the police who disguised as one of the victims to nab the boys.

The ministry of electronics and knowledge technology (MeitY) has collaborated with the Data Security Council of India (DSCI) to line up cyber forensic labs altogether metro cities for training and building awareness of cybercrime investigation. The national Information Security Education & Awareness (ISEA) programme expects to coach over one lakh people not just police personnel by 2020. These cops undergo training every 2-3 months as technology remains dynamic. He speculates that since such trainings have now been mandated, participation is bound to shoot up.

KEYPOINTS ON HOW ONE CAN PROTECT ONESELF FROM ONLINE FINANCIAL CRIMES

1. Mindset of Safety and Security: Keep all personal information, identity cards and bank cards safe at all times, Keep your PIN numbers secret.

2. Avoid giving bank details or other security information to any person or website unless verified, avoid greed of money.

3. Think before you act, Do not trust Cyberspace, Have full knowledge.

ANALYISIS

Cyber crime is not the crime of the real world, but it is of the cyber or digital world. Cyber crime is the crime between the person himself and his/her device. Praveen Sood, DGP(CID) in one of his interview dais “We are starting from zero”. Karnataka was the primary to determine a fanatical police headquarters to handle digital crime 15 years ago. Other states, including Uttar Pradesh and Maharashtra, have stepped up police training, including seeking out experts from industry. On an average cops receive 20 cases monthly and carry out 10 investigation (before COVID19). After COVID-19 there were 1000 complaints filed just in Delhi but police were forced to close 30% of the complaints due to insufficient content provided by the complainants and lack of unlawful content on the online platforms. Most cases pertained to e-wallet payment, debit/credit cards, and scamsters making call people to transfer money. Complaints related to stalking, provocative online content e.g. 18+ and cyber bullying.



[i] http://www.legalserviceindia.com/legal/article-3153-5-online-financial-frauds-everyone-must-know.html

[ii] https://www.bom.mu/sites/default/files/types-of-financial-frauds_4.pdf 

[iii] file:///C:/Users/K%20P%20MODI/Desktop/Kaushal/AILF%20LM%20IJALR/IJALR/page-5-graphic-2.webp 

[iv] https://economictimes.indiatimes.com/wealth/personal-finance-news/as-people-stayed-home-cyber-fraud-tripled-during-lockdown-in-delhi/articleshow/76704317.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst 

This article is authored by: Kaushal P. Modi