Cybersecurity has become a very complex and fast-moving security challenge in Information Communication Technology. It has opened doors for many criminals in achieving their aims. Cyber blackmailing, identity, theft and fraud are some of the examples of cyber-crime. The government of India is closely working on this issue like CERT-in (Computer Emergency response team), NCIIPC (National critical information infrastructure protection center), website and application audit, crisis management plan, regular training and PDP bill, etc. are in place and ready to tackle any kind of security issues. Due to the increase in advanced technologies and digital transformation advancing departments and systems have been continuously looking at any vulnerabilities to get access into the system.
Digital technologies and the internet have transformed our day to day lives. We use them to collect information regarding our study, business, keep in touch with our family and friends who are far away from or incase if we have an emergency. It gives many offers and opportunities to people but at the same time, it is also very risky. In this modern world, people are highly dependent on the internet for which it has motivated cybercriminals to do a mischievous activity.
Many organized criminal groups are increasingly using digital technologies to facilitate their criminal activities to create crimes, specifically in cyber-crime. Information security includes many measures to detect document and counter threats. Information security is mainly composed of computer security and communications security cyber-crime is one of them. Advancements in the modern digital era have helped many countries to develop and expand their communication network and also it makes communication easier and faster to exchange information. According to 2019 statistics of India, 70 percentage people were worried that their identities will steal as per the economic time survey.
According, to 2019 statistics of India there were Rs131.2 victims suffered due to cyber-crimes as compared to 350 million in the world. About 81 percent of Indians were alarmed about their privacy.4 in 10 consumers in India have experienced identity theft which impacted 10 percent in the past years. Around 63 percent of Indians of the 131 million cyber-crime victims were damaged financially. 80 percent of India has been a victim of cyber-crime at some point in their lives and 66 percent were victimized in past years. 41 percent of Indians are concerned about their personal information will be sold to third parties and used without their consent.81 percent of Indians are the most proactive in the world is looking for better ways to protect their privacy as compared with 65 percent globally.
DEFINITION OF THE CYBER CRIME
In the present scenario, we are facing with lot many challenges, terrorism, organized crimes, drugs, human trafficking, migrant, smuggling, corruption and many more things. Among these one of the serious and dangerous crimes is cyber-crime which hampers the private things of many people.
Cyber-crimes are a wide range of offence which includes hacking of computers, data and systems, computer-related forgery and fraud such as phishing and harming. It helps cyber-criminal to earn vandal money or profit in a very less period of time for which they are repeating the same crime after they are caught or felt guilty. There is a rapidly growing nexus between cyber-crime and a variety of other threats like industrial espionage, foreign intelligence services and terrorism.
DEFINITION OF CYBERSECURITY
Cyber-attacks are using malicious software which has increased at an alarming rate in the last years. Most of the attacks are aimed at the financial sector and are hosted in the financial sector.
The term ‘cybersecurity’ refers to the collection of tools, policies, guidelines, training, actions, security concepts and safeguards risk management approaches assurance and technologies that can be used to secure and protect the cyber environment as well as organizations and user assets.
Moreover, cyber-security aims to secure information technology and mainly focuses on protecting computer programs, networks and data along with preventing access to information by any unauthorized users as well as preventing unintended changes or destruction. Further, cyber-security plays a vital role in the ongoing development of information technology and internet services.
- B.N Firos vs. State of Kerala
In this case, it was held that the FRIENDS application software was a protected system. The author of the application challenged the notification and the constitutional validity of software under section 70 of the Information Technology Act,2000 it also includes source code. In computer source code the electronic form can be also printed on paper. In this court held that the validity of both that tampering with source code is punishable with 3 years imprisonment or 2lakhs rupees fine for altering concealing and destroying the source code.
- SMC Pneumatics (India) Private Limited vs. Jogesh KwatraIt is India’s first cyber defamation case in which it was reported when a company’s employee (defendant) started sending derogatory, defamatory and obscene e-mails about its Managing Director in the year 2000 and 2001. The e-mails were found to be anonymous and frequent and were sent to many of their business which associates to tarnish the image and goodwill of the plaintiff company.The plaintiff was able to identify the defendant with the help of a private computer expert and further has moved to Delhi High Court. The court granted an ad-interim injunction and restrained the employee for sending, publishing and transmitting e-mails which were defamatory and derogatory to the plaintiffs.
- No Conviction in the cases of cyber-crime cell, CBCID, Bangalore. The inception of cyber crime cell, Crime Branch CID, Bangalore in 2001 for 13 years, 509 cases has been registered and filed charge sheets under 144 but non ended with conviction. 509,181 cases were closed under reported (no evidence found) category while 85 ‘B’ have been reported.
CYBERSECURITY IN INDIA
The cyber security projects and initiatives in India are very far ways from many developed and developing countries. India faces a very vital need to protect critical infrastructures such as bank, satellites, automated power grids and thermal power plants.
The IT sector of India has emerged as one of the most significant catalysts for the country’s economic growth and has been an integral part of the country’s business and governance. IT plays a vital role in transforming India into a global player in the field of providing business services as well as world-class technology solutions.
The growth of the IT sphere has been tremendously increasing need to secure the computing the environment as well as the necessity to build adequate confidence and trust in the sector. For example, Most, financial institutions, banking industry has incorporated IT in their operations opening up countless opportunities for growth while at the same time making these institutions vulnerable cyber-attacks on daily basis.
Relevant rules frame under the IT act in context of cyber security are as follows-
● The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) rules 2011 the (SPDI Rules) which prescribes reasonable security practices and procedures to be implemented for collection and the processing of personal or sensitive personal data.
● The Information Technology (Information Security Practices and Procedures for Protected System) Rules 2018.The protected system rules which require specific information security measures to be implemented by organization that have protected system as defined under the IT Act.
● The Information Technology (Intermediaries Guidelines) Rules 2011, which require intermediaries to implement reasonable security practices and procedures for securing their computer resources and information contained. The intermediaries are also required to report cyber security incidents including information relating to such incidents to CERT-IN.
Other laws that contain cybersecurity related provision are INDIAN PENAL CODE 1860(IPC) which punishes offences including those committed in cyber space such as defamation, cheating, criminal intimation and obscenity. The Companies Management and Administration Rules 2014 the CAM rules framed under the companies act 2013 which require companies to ensure electronic records and security system are secure from unauthorized access and tampering.
CYBER SECURITY INITIATIVES BY GOVERNMENT OF INDIA
1.Indian Computer Emergency response team (CERT-IN)
2.National Critical Information Infrastructure Protection center (NCCIIPC)
3.Guidelines for Organizations (CISOs)
4.Cyber Swacchta Kendra
5.Regular Audit of Government
6.Crisis Management Plan
7.Regular Training Programs
8.Personal Data Protection Bill
As per the all above pages it makes clear cyber-attacks targeting critical information infrastructures in India such as energy, financial services, defenses and telecommunications have the potential of adversely impacting upon the nation’s economy and public safety. From, the perspective of national security the securing of the critical information infrastructure has become a top priority in line with policies adopted many other digital nations.
NAME-SUSHREE SANGIT SETHI
COLLEGE-SOA NATIONAL INSTITUTE OF LAW