CYBER CRIME IMPLICATIONS ON SOCIETY

Name :Tejashwini.P BBA LLB 4TH YEAR ISBR LAW COLLEGE

Topic: cyber crime Date:17/03/2024

CYBER CRIME IMPLICATIONS ON SOCIETY

Abstract

Cybercrime are defined as criminal offence or unlawful act where the pc is Employed either as a tool, a target or both. Cyber attacks have already caused considerable damage and amount to

detail- retail banking, mainly through master card and payments scams. Cyber crime in India has been rapidly increasing since the beginning of the technological era. Internet has become the most vital part of our life from work to Entertainment there is no other way now but it comes with a price of our privacy and data. Cybercrime poses significant threats to individuals,

businesses, and the nation as a whole. Financial losses, reputational damage, emotional trauma, and even threats to national security are among the consequences.

Key words : cybercrime, internet, society, social engineering, scams, phishing, malware.

Introduction

” Neither the internet nor cyberspace will ever be Secret haven for people that attempt this type of cyber crime. The Secret Service in conjunction with our enforcement partners, will hunt you down, keystroke to Keystroke”.

-Brain Marr.

Internet is playing a significant role in human life everything has become online. It has made the world a smaller space where everything has been rapidly shifted to online right from food,

shopping, education, health care, industry, social connection, marketing etc…..

It is being evolving along with the time which is impacting on each and every individuals life. It is in numerous opportunities for new innovation though it has there many advantages nothing comes without price. It has it negative too sides. Cyber crimes are the only which has been a hot topic which is in discussion because of its evolution with the time many kinds of cyber crimes

have been registered.

Cyber crime

Cyber crime refers to criminals activities committed using the internet, including acts like hacking, data theft, malware attacks, financial frauds, and identity theft, with business

government and individuals on digital platforms, leading to billions in financial losses worldwide. Cybercrime that uses computers to commit other crimes may involve using

computers or networks to spread malware, illegal information or illegal images. Cybercriminals are often doing both at once. They may target computers with viruses first and then use them to spread malware to other machines or throughout a network. Cybercrime significantly impacts society, causing economic losses, reputational damage, and posing threats to national security, healthcare, and public safety, while also contributing to cyberbullying and the spread of

misinformation.

Internet

The internet has provided people with a cheap and easy way of communicating. Internet has been associated with complex crimes which have posed a big challenge to law enforcement officials all over the world. Internet fraud involves using online services and software with access to the internet to defraud or take advantage of victims. The term “internet fraud” generally covers

cybercrime activity that takes place over the internet or on email, including crimes like identity theft, phishing, and other hacking activities designed to scam people out of money.

Cyber criminals

A cyber criminals is a person who uses his skills in technology to do desire acts and illegal activities known as cybercriminals. They can be individuals or teams. Cyber crimes have quickly become one of the fastest rising forms of modern crime. According to cyber experts,

approximately 1 million potential cyber attacks are attempted per day, and with the evolution of mobile and cloud technologies, this number is likely to increase. To help mitigate this growth, businesses and corporations have been expanding their cybersecurity teams and efforts. Yet, in

order to accurately identify potential hackers and/or attacks, cyber security teams should possess a firm understanding of who cyber criminals are, what techniques they use and what counter-

initiatives can be implemented in order to protect and prevent future cyber crimes.

Cyber bullying

Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes

sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can

include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal behaviour.

How does the cybercrime affects the internet

As people continue to dangerous cyberspace and conduct more of their professional activities online, this has created more easy opportunities for committing cybercrime. These offences are comprised of new types of crimes and new methods of committing traditional crimes such as identity theft, property crimes and fraud. Some of the cybercrimes that affected internet are:-

Data breaches:-

Hackers can steel the personal information like login credit card details,

financial details and medical records from individuals or business, leading to identity theft and financial losses.

Scams:-

It is a type of social engineering attack that targets the user and tricks them by sending fake messages and emails to get sensitive information about the user or trying to download malicious software and exploit it on the target system.

Identity theft:-

Identity theft occurs when a cybercriminal uses another person’s personal data like credit card numbers or personal picture without their permission to commit a fraud or a crime.

Internet fraud:-

Internet fraud is a online service and software with access to the internet to defraud or take advantage of victim. Internet scams that target victims through online services account for millions of dollars worth of fraudulent activity every year.

Cybercrime is illegal activity that uses computers, network, or the

internet. Cybercriminals may commit identity theft, spread malware, or launch other digital attacks. Some of the types of cyber crimes are :-

Crime against person:-

Including cyber stalking, discrimination of obscene material like child

pornography, defamation through hacking, and using technology to threaten or harass individuals.

Crime against property:-

Involving intellectual property violations like software piracy, cybersquatting, cyber vandalism, hacking computers systems, transmitting viruses, cyber trespassing, and internet time theft.

Crime against government:-

Including cyber terrorism, cyber warfare, distribution of pirated software and possession of unauthorized information.

Cybercrime impact on individuals

Financial loss:-

One of the most common effect on cybercrime on individuals is financial loss.

Cybercrime often use various methods such as phishing, hacking, and malware to gain access to an individuals financial information such as credit card number, bank account details and passwords.

Emotional trauma:-

Cybercrime can cause emotional trauma also. Victims of cybercrime often feel violated and vulnerable leading to fear and anxiety. This can have a long lasting impact on an individuals mental health.

Loss of reputation:-

Cybercrime can cause damage to an individuals reputation. Cybercriminals can use stolen information to part embarrassing or damaging content online, leading to a loss of credibility and trust.

Cybercrime impact on business

Financial loss:-

Cybercrime can have financial consequences for businesses, particularly small and medium-sized enterprises. A successful cyberattack can result in the loss of funds, intellectual property, and customer data, which can be costly to recover. In some cases, businesses may even be forced to shut down due to the financial impact of cybercrime.

Loss of intellectual property:-

Cybercriminals can target businesses to steal intellectual property, such as trade secrets and patents. The loss of intellectual property can be a significant blow to

businesses, particularly those that rely on innovation and research to remain competitive. It can further lead to decreased revenues, lost opportunities, and reduced market share,

potentially affecting the long-term sustainability of the business.

Cybercrime impact on society

Cybercrime can have effects on the economy, resulting in the depletion of financial assets for individuals, businesses and government, which can further lessen consumer

confidence online transactions, and negatively affect industry innovation and competitiveness.

Economic impact:-

Cybercrime can have a significant impact on the economy. It can result in financial losses for individuals, businesses, and governments. The cost of repairing

damage to systems, recovering lost data, and preventing future attacks can be substantial. It can also impact consumer confidence in online transactions, decreasing business sales and revenue. Additionally, cybercrime can result in the loss of intellectual property,

negatively affecting industry innovation and competitiveness.

Impact on healthcare and public safety:-

Cybercrime can have a significant impact on healthcare and public safety.

Attacks on healthcare systems can compromise sensitive patient data and disrupt medical services, which can have life-threatening consequences. Cybercriminals can also use technology to commit identity theft, which can financially harm individuals.

Increase in cyberbullying and harassment:-

Cybercrime can lead to an increase in cyberbullying and harassment.

Cybercriminals can use technology to target individuals and groups, spreading malicious content and harassing messages. Cyberbullying and harassment can also hurt mental

health, leading to depression and anxiety.

Phishing

Phishing is the practice of sending fraudulent communication that appear to come from a legitimate and reputable source, usually through email and text messaging. The attacker’s goal is to steal money, gain access, login information or install malware on the victims

device. Phishing is a dangerous, damaging, and an increasingly common type of cyberattack.

A phishing attack relies on a social engineering effort where hackers create a counterfeit communication that looks legitimate and appears to come from a trusted source.

Attackers use emails or text messages to trick unsuspecting users into taking an action such as downloading malware, visiting an infected site, or divulging login credentials in order to steal money or data. Some of the types of phishing are:- email phishing,

smashing, vising, spear phishing and clone phishing etc…..

Types of phishing are:-

Email phishing:-

Email phishing is designed so that the display name of the email belongs to someone that the email recipient trusts. The sender field in an email is just data and is

under the control of the sender. Phishers use this fact to make emails appear to come from trusted email accounts.

Spear phishing:–

Spear phishing targets specific individuals instead of a wide group of people. That way, the attackers can customize their communications and appear more authentic.

Spear phishing is often the first step used to penetrate a company’s defences and carry out a targeted attack. According to the SANS Institute, 95 percent of all attacks on enterprise networks are the result of successful spear phishing.

Whaling:-

When attackers go after a “big fish” like a CEO, it’s called whaling. These attackers often spend considerable time profiling the target to find the opportune moment and means to steal login credentials. Whaling is of particular concern because high-level executives have access to a great deal of sensitive organizational information.

Voice phishing (vishing):-

Voice phishing, or vishing, is a form of social engineering. It is a fraudulent phone call or voice message designed to obtain sensitive information such as login credentials. For instance, the attacker might call pretending to be a support agent or

representative of your organization or a subscription service. New employees are often vulnerable to these types of scams, but they can happen to anyone-and are becoming more common. Deploying spam call-blocking software is a common tactic to prevent these types of calls.

SMS phishing:-

Text message, or SMS phishing, can come through random broadcast text messages or portray a known co-worker in your organization. Sometimes SMIShing messages contain a link or can request you to take immediate action. Either way, if you don’t recognize the mobile number, delete the message. If you are ever unsure, call the individual using a valid phone number to make sure the task is legitimate.

Angler phishing:-

Angler phishing is similar to vishing, but instead of a phone call, attackers reach out by direct messaging on social media platforms. Victims are targeted by fake customer service agents. These attacks have even tricked professional anti-scammers, so don’t

underestimate the efficacy of this method.

Laws related to cybercrime

The Information Technology Act (IT Act) of 2000. The Indian Penal Code (IPC).

The Digital Personal Data Protection Act (DPDPA) of 2023 protects people’s personal data.

Information Technology Act (IT Act)
- Section 66D

Prohibits possessing or using tools or software for cybercrime, with a penalty of up to three years in prison or a fine of up to Rs 1 lakh

Section 66

Punishes actions taken with dishonest or fraudulent intent, with a penalty of up to three years in prison or a fine of up to Rs 5 lakh

Other offenses

Covers cyberterrorism, hacking, stealing data, and spreading offensive material on the internet

Indian Penal Code (IPC)
- Section 503: Covers sending threatening messages by email.
- Section 499: Covers sending defamatory messages by email.
- Section 420: Covers cyber frauds and bogus websites.
- Section 463: Covers email spoofing.

Digital Personal Data Protection Act (DPDPA)
- Regulates the collection, processing, storage, and usage of data.
- Emphasizes securing minor consent through the permission of a guardian.

Case laws

The Cyber Crime Cell of Delhi arrested a gang involved in phishing scams targeting individuals to steal their banking credentials. Relevant case laws include R v. Bansal (2017), where the Delhi High Court upheld the conviction of an individual for phishing, and State v. Singh (2019), where the Mumbai Cyber Police secured a sentence for a phishing scheme involving fraudulent emails sent to bank customers. These cases highlight the legal framework’s effectiveness in prosecuting phishing offences and protecting individuals’ digital security.

Shreya Singhal v. UOI

Two women were arrested under Section 66A of the IT Act after they posted allegedly offensive and objectionable comments on Facebook concerning the complete shutdown of Mumbai after the demise of a political leader. Section 66A of the IT Act provides punishment if any person using a computer resource or communication, such information which is offensive, false, or causes annoyance, inconvenience, danger, insult, hatred, injury, or ill will.

The women, in response to the arrest, filed a petition challenging the constitutionality of Section 66A of the IT Act on the ground that it is violative of the freedom of speech and expression.

Syed Asif Uddin and Ors. v. State of Andhra Pradesh and Anr.

The subscriber purchased a Reliance handset and Reliance mobile services together under the Dhirubhai Ambani Pioneer Scheme. The subscriber was attracted by better tariff plans of other service providers and hence, wanted to shift to other service providers. The petitioners (staff members of TATA Indicom) hacked the Electronic Serial Number (hereinafter referred to as “ESN”). The Mobile Identification Number (MIN) of Reliance handsets were irreversibly

integrated with ESN, the reprogramming of ESN made the device would be validated by Petitioner’s service provider and not by Reliance Infocomm.

Avnish Bajaj vs State, famously known as Bazee.com case (2005)

CEO of E-Commerce Portal was arrested and given bail later under Section 67 of IT Act on account of an obscene video uploaded on Bazee.com for sale. He proved Due

Diligence but in 2005, Information Technology Act did not have any provisions related to ‘Intermediary’

Sharat Babu Digumarti vs State, Govt. of NCT of Delhi (Bazee.com Case, Appeal)

Petitioner was working as Senior Manager, Trust and Safety, BIPL on the day when DPS MMS was put up for sale on Bazee.com. That is, the office responsible for the safety of the Portal,

taking action on suspect lists when reported by our users, and block the user or close items listed accordingly. It was held that there is prima-facie sufficient material showing petitioner’s

involvement to proceed against him for the commission of offence punishable under Section 292 IPC. Though he was already discharged of offences only under Section 67 read with Section 85 of IT Act and Section 294 IPC.

Section 67 of the Information Technology Act of 2000 (IT Act) deals with the punishment for publishing or transmitting obscene material in electronic form. It also covers offenses such as insulting the modesty of women and defaming any person.

Punishment

For a first conviction, the punishment is up to three years in prison and a fine of up to five lakh rupees
For a second or subsequent conviction, the punishment is up to five years in prison and a fine of up to ten lakh rupees

Section 292 of the Indian Penal Code (IPC) defines obscenity and prohibits the sale, distribution, and possession of obscene objects.

Any object that is lascivious or appeals to prurient interest.
Any object that tends to corrupt or deprave people who read, see, or hear it.
Any object that is likely to be read, seen, or heard by people who are likely to be corrupted or depraved.

Section 294 of the Indian Penal Code (IPC) of 1860 deals with obscene acts and songs in

public places. It states that anyone who does the following can be punished with imprisonment, a fine, or both.

Performs an obscene act in a public place
Sings, recites, or utters an obscene song, ballad, or words in or near a public place
Does so to the annoyance of other.

Section 85 of the Information Technology Act, 2000 makes companies liable for any

contraventions of the Act. It also makes the people in charge of the company at the time of the contravention liable.

If a company breaks the Act, any person in charge of the company at the time is also guilty.

The person in charge can be punished, but they may be exempt if they can prove that:
The contravention happened without their knowledge.
They exercised all due diligence to prevent the contravention.

Mohammed vs State on (2010)

Section 67 of Information Technology Act analysed and held it is not applicable to the case of threatening email received by Chief Minster of Gujarat, hence ordered to be deleted from the matter.

Conclusion

Cybercrime poses a significant threat to Indian society, impacting individuals, business, and the economy due to it’s rapid growth alongside increasing internet usage. “Lack of

Awareness” many people in India are not fully aware of the risks associated with using the

internet and digital devices. To avoid cybercrime people should protect themselves by creating strong password, use trusted antivirus in devices, two-factor authentication, should not open attachments in spam emails etc….

Reference