Author – Abhishek Garg Student At Prestige Institute Of Management And Research Gwalior
ABSTRACT
The relationship between the cybercrimes and technology is complex and dynamic. The cybercrimes are increasing day by day through the help of increasing technology. Cybercrimes and technology are nearly linked with each other. Increasing the technology is necessary but cybercriminal use the technology in a wrong way. there are so numerous types of cybercrimes like hacking and data breaches, identity theft, financial fraud etc. if the cybercrime is committing with one person in society than it creates the fear in the whole society. so, cybercrimes effect our society directly or laterally. cybercrimes refer to any type of crime that involves the use of technology, similar as computers, smartphones, or the internet, to commit or grease illegal conditioning.
Keywords – cybercrimes, technology, fraud, data, financial
TYPES OF CYBERCRIMES
Identity Theft: The term “identity theft” encompasses a broad range of methods for stealing other individuals’ details. Nonetheless, it is common for a criminal to target sensitive information, such as a Social Security number, and use it to make a purchase, open an account, or carry a fraud involving mimicking the person, particularly online.
Hacking: Hacking is the part of cybercrime in which cybercriminals leaked your personal detail and misuse it. This can entail identifying weaknesses and manipulating information with malicious intent, potentially leading to data theft, system compromise, or the distribution of malware. While “white hat” hackers can apply these skills ethically to bolster security, hacking is generally associated with cybercrime and malicious actions.
Theft of a company’s designs, innovations, trade secrets, or creative expressions—all of which are widely acknowledged as intellectual property—is known as intellectual property (IP) theft. Essentially, intellectual property is the intangible property belonging to an organization. A business may suffer significant financial losses as a result of IP theft. Eventually, it can result in decreased business growth and a loss of competitive advantage.
Bank fraud: Bank-related cybercrime, or online financial cybercrimes, involve illicit access to banking systems or the theft of private and financial details for fraudulent purposes. These crimes can lead to monetary losses for individuals and damage the reputation of banks and financial institutions. Examples include phishing attacks, identity theft, and online scams.
Intellectual property theft: Intellectual property (IP) theft is when someone steals a company’s creative expressions, designs, inventions, or trade secrets – all commonly recognized as intellectual property. Essentially, intellectual property is the intangible property belonging to an organization. IP theft can cause considerable financial harm to a company. Eventually, it can result in decreased business growth and a loss of competitive advantage.
Bank fraud: Bank-related cybercrime, or online financial cybercrimes, involve illicit access to banking systems or the theft of private and financial details for fraudulent purposes. These crimes can lead to monetary losses for individuals and damage the reputation of banks and financial institutions. Examples include phishing attacks, identity theft, and online scams.
Cyber extortion: Cyber extortion is when a hacker illegally gains access to your company’s private information or systems and then demands payment in return for letting you either take back control or stop the attack. If you have an ecommerce site, for instance, and a hacker launches a distributed denial-of-service (DDoS) attack, users might be unable to buy your products or services—not until you pay the amount the hacker is requesting.
LEGAL PROVISION RELATED TO CYBERCRIMES AND
TECHNOLOGY
COMUTER FRAUD AND ABUSE ACT (CFAA):
As time moves on. Views regarding technology’s role in criminal conduct, both traditional and high-tech, spurred Congress to pass the initial federal computer crime law thirty years prior. Rises in computer access and standard use, nonetheless, have thrust government regulation of computer conduct into high gear.
Over the last thirty years, federal computer crimes progressed from non-existent to affecting every part of computer activity for both intense and occasional users. The Computer Fraud and Abuse Act (CFAA) was established in 1986, as an amendment to the first federal computer fraud law, to address hacking. Throughout the years, it was revised multiple times, most recently in 2008, to encompass a vast scope of conduct far beyond its initial goal.
The CFAA prohibits intentionally accessing a computer without permission or exceeding authorization, but doesn’t define what “without authorization” implies. With severe penalty schemes and flexible provisions, it’s become a tool open to misuse and use against nearly every aspect of computer activity.
The CFAA’s breadth and uncertainty are very troubling. NACDL backs complete reform of the CFAA and, especially, believes violations of website terms of service shouldn’t be federal crimes. NACDL is against any further expansion of the CFAA and is actively working to reform the CFAA through amicus support, coalition building, and legislative advocacy.
DATA PROTECTION ACT 1998:
The primary piece of legislation governing the protection of personal data in the United Kingdom is the Data Protection Act (DPA) 1998. It is applicable to both computer-based and paper-based data as long as the latter are stored in an appropriate manual filing system. 5. The DPA lays out guidelines to ensure that this information is handled appropriately and grants any individual the right to know what information an organization has about them. The Information Commissioner’s Office (ICO) oversees the Act.
All organizations that handle personal data—information that allows a living person to be identified, such as names, private addresses, dates of birth, and contact information—are subject to the Act, whether they are governmental authorities or private businesses. The DPA is applicable to all museums. Surprisingly little practical advice explains how the Act affects record keeping. However, in this regard, the 2007 code of practice6 for archivists and records managers under section 51(4) of the Act is helpful. In particular, Chapter 3 focuses on offering “guidance for the processes that records managers carry out in the order in which they need to be addressed from the point of view of records managers.” It was produced collaboratively by TNA, the Society of Archivists (now the ARA), the Records Management Society, and the National Association for Information Management, and it has been approved by the ICO.
Key sections
• The following are important DPA provisions, namely those pertaining to record keeping. Italicized principles are those that are especially important for record-keeping procedures.
• Part III: Data collectors’ notifications. The ICO must get information from the data controller about how it handles personal data. Certain information is posted in the data controllers’ registry by the ICO. 8.
•Schedule 1: The Eight Principles, Part I. In conclusion, these stipulate that personal information must be handled fairly and legally, collected only for one or more specific and legal purposes, sufficient, pertinent, and not excessive, accurate, and, if required, kept current; processed in compliance with the Act’s data subjects’ rights; and ; The data controller has 40 calendar days from the date of receipt to reply to a subject access request.
THE INFORMATION TECHNOLOGY ACT, 2000
•The records era Act, 2000, is a pivotal regulation in India that addresses the prison framework for electronic governance, digital transactions, cybersecurity, and cybercrime.
•Enacted to promote e-trade and adjust the virtual space, it provides criminal recognition for digital records and virtual signatures, ensuring their validity in courts.
•The Act also specifies offenses like hacking, identification theft, and data breaches, prescribing consequences and safeguards to comfy on line pastime.
•The Act has developed with the advent of IT regulations, consisting of the 21 IT policies, 20, which beautify duty for virtual systems, intermediaries, and social media.
•those regulations mandate criticism redressal mechanisms, content material moderation, and facts privateness protection.
•in addition they set up norms for virtual media ethics and compliance frameworks for structures with big user bases. collectively, the Act and its guidelines aim to ensure a relaxed, obvious, and honest digital surroundings whilst balancing innovation with consumer protection.
THE INFORMATION TECHNOLOGY ACT, 2000
- The Information Technology Act, 2000, is a pivotal legislation in India that addresses the legal framework for electronic governance, digital transactions, cybersecurity, and cybercrime.
- Enacted to promote e-commerce and regulate the digital space, it provides legal recognition for electronic records and digital signatures, ensuring their validity in courts.
- The Act also specifies offenses like hacking, identity theft, and data breaches, prescribing penalties and safeguards to secure online activity.
- The Act has evolved with the introduction of IT Rules, including the 21 IT Rules, 20, which enhance accountability for digital platforms, intermediaries, and social media.
- These rules mandate grievance redressal mechanisms, content moderation, and data privacy protection.
- They also establish norms for digital media ethics and compliance frameworks for platforms with significant user bases. Together, the Act and its rules aim to ensure a secure, transparent, and trustworthy digital ecosystem while balancing innovation with user protection.
Bhartiya Nyaya Sanhita ,2023:
1. BNS Section 294: Addresses the web and other forms of pornographic content distribution. Repeat offenders are subject to more severe penalties in addition to fines and jail time.
2. Section 77 of the BNS: This section specifically addresses taking or disseminating images of a woman’s private areas or behaviors without her agreement, which is known as “voyeurism.”
3. BNS sec. 303: This section addresses data of cell phone, and computer hardware and software theft. It provides a legal foundation for the prosecution of those involved in cyber theft. However, when specific legislation like the IT Act are attracted, their applicability takes precedence.
discusses the crime of stalking, both online & offline. imposes jail time and fines for using physical or electronic methods to harass or observe a woman.
4. cope with frauds, together with password robbery, the improvement of fraudulent web sites, and cyber frauds, in phase 318 of the BNS. imposes penalties and jail terms that vary according to the seriousness of the offense.
5. BNS Sec. 336: Covers email spoofing & online forgery. imposes fines, jail time, or both.
When forgery is intended to damage someone’s reputation, this clause also applies.
6. Section 356 of BNS: Penalize defamation, including sending defamatory content through email. Imposes imprisonment and fines.
Prevention of money and laundering act 2002:
The Prevention of cash Laundering Act, 2002 (PMLA) :The act additionally permits the confiscation of property linked to cash laundering. Objectives Prevent money laundering, Confiscate property linked to money laundering, Regulate the process of confiscating property, and Curb terror financing activities.
The PMLA was enacted in 2005 in response to the United Nations’ call for countries to prevent the laundering of proceeds from drug crimes. Prevention of money and laundering act 2002:
The Prevention of Money Laundering Act, 2002 (PMLA) is a law that criminalizes money laundering and the illegal proceeds of crime. The act also allows the confiscation of property linked to money laundering. Objectives Prevent money laundering, Confiscate property linked to money laundering, Regulate the process of confiscating property, and Curb terror financing activities.
Punishment
The punishment for money laundering is rigorous imprisonment for a minimum of three years
and a maximum of seven years, and a fine.
The accused person must prove that the alleged proceeds of crime are lawful property.
Background
The PMLA was enacted in response to the United Nations’ call for countries to prevent the laundering of proceeds from drug crimes.
The PMLA came into force on July 1, 2005.
Case laws
- SMC Pneumatics (India) Pvt Ltd vs Jogesh Kwatra:
An employee sent vulgar emails to defame the company, and the court ruled that section 43(a) of the IT Act, 2000 applies due to unauthorized access.
- State of Tamil Nadu vs Suhas Katti:
A case involving online harassment and cyberstalking, showcasing the importance of cyber laws in protecting individuals.
FREQUENTLY ASKED QUESTIONS (FAQ)
1. What is a cybercrime?
A cybercrime is any illegal activity that involves a computer, networked device, or a network. It includes crimes where the computer is the target (like hacking) and those where the computer is used as a tool (like online fraud).
2. How can technology be used to prevent and detect cybercrimes?
Technology can be used to prevent and detect cybercrimes through the use of security measures such as firewalls, intrusion detection systems, and artificial intelligence-powered threat detection.
3. What are some emerging threats in the field of cybercrimes?
Emerging threats in the field of cybercrimes include advanced persistent threats (APTs), ransomware attacks, and the use of artificial intelligence and machine learning by cybercriminals.
Conclusion
Technology is increasing in both ways i.e. negative and positive. Because cybercrimes are also increasing through technology. for the prevention of cybercrimes individual must be aware and also can’t share our personal details to other. make the strong password for the prevention of cybercrimes. there are so many act that talk about the cybercrimes and punishment. cybercriminals use the technology and success in making fraud with the other person so don’t share any personal information with others. Technology has enabled cybercrimes to evolve and spread, but it also provides opportunities for prevention and detection.
