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Cyber Law Assignment
Cyber Law Assignment
Indian parliament passed its INFORMATION TECHNOLOGY ACT, 2000 on 17th oct to have its
exhaustive law to deal with the technology in the field of e-commerce, e-governance, e-banking
as well as penalties and punishments in the field of cyber crimes.
Cyber Crimes Actually Means: It could be hackers vandalizing your site, viewing confidential
information, stealing trade secrets or intellectual property with the use of internet. It can also
include denial of services and viruses attacks preventing regular traffic from reaching your site.
Cyber crimes are not limited to outsiders except in case of viruses and with respect to security
related cyber crimes that usually done by the employees of particular company who can easily
access the password and data storage of the company for their benefits. Cyber crimes also
includes criminal activities done with the use of computers which further perpetuates crimes i.e.
financial crimes, sale of illegal articles, pornography, online gambling, intellectual property
crime, e-mail, spoofing, forgery, cyber defamation, cyber stalking, unauthorized access to
Computer system, theft of information contained in the electronic form, e-mail bombing,
physically damaging the computer system etc.
Classifications Of Cyber Crimes: Cyber Crimes, which are growing day by day, it is very
difficult to find out what is actually a cyber crime and what is the conventional crime so to come
out of this confusion, cyber crimes can be classified under different categories which are as
follows:
1. Cyber Crimes against Persons:
There are certain offences which affects the personality of individuals can be defined as:
Harassment via E-Mails: It is very common type of harassment through sending letters,
attachments of files & folders i.e. via e-mails. At present harassment is common as usage of
social sites i.e. Facebook, Twitter etc. increasing day by day.
Cyber-Stalking: It means expressed or implied a physical threat that creates fear through the
use to computer technology such as internet, e-mail, phones, text messages, webcam, websites
or videos.
Dissemination of Obscene Material: It includes Indecent exposure/ Pornography (basically
child pornography), hosting of web site containing these prohibited materials. These obscene
matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their
mind.
Defamation: It is an act of imputing any person with intent to lower down the dignity of the
person by hacking his mail account and sending some mails with using vulgar language to
unknown persons mail account.
Hacking: It means unauthorized control/access over computer system and act of hacking
completely destroys the whole data as well as computer programmes. Hackers usually hacks
telecommunication and mobile network.
Cracking: It is amongst the gravest cyber crimes known till date. It is a dreadful feeling to know
that a stranger has broken into your computer systems without your knowledge and consent and
has tampered with precious confidential data and information.
E-Mail Spoofing: A spoofed e-mail may be said to be one, which misrepresents its origin. It
shows its origin to be different from which actually it originates.
SMS Spoofing: Spoofing is a blocking through spam which means the unwanted uninvited
messages. Here a offender steals identity of another in the form of mobile phone number and
sending SMS via internet and receiver gets the SMS from the mobile phone number of the victim.
It is very serious cyber crime against any individual.
Carding: It means false ATM cards i.e. Debit and Credit cards used by criminals for their
monetary benefits through withdrawing money from the victims bank account mala-fidely. There
is always unauthorized use of ATM cards in this type of cyber crimes.
Cheating & Fraud: It means the person who is doing the act of cyber crime i.e. stealing
password and data storage has done it with having guilty mind which leads to fraud and
cheating.
Child Pornography: It involves the use of computer networks to create, distribute, or access
materials that sexually exploit underage children.
Assault by Threat: refers to threatening a person with fear for their lives or lives of their
families through the use of a computer network i.e. E-mail, videos or phones.
2. Crimes Against Persons Property:
As there is rapid growth in the international trade where businesses and consumers are
increasingly using computers to create, transmit and to store information in the electronic form
instead of traditional paper documents. There are certain offences which affects persons
Online Gambling: Online fraud and cheating is one of the most lucrative businesses that are
growing today in the cyber space. There are many cases that have come to light are those
pertaining to credit card crimes, contractual crimes, offering jobs, etc.
Financial Crimes: This type of offence is common as there is rapid growth in the users of
networking sites and phone networking where culprit will try to attack by sending bogus mails or
messages through internet. Ex: Using credit cards by obtaining password illegally.
Forgery: It means to deceive large number of persons by sending threatening mails as online
business transactions are becoming the habitual need of todays life style.
4. Explain IPR in cyber crimes ?
The things created and invented by the human mind were recognized as an intellectual property
of the owner .The owner's right over these properties was accepted and is known as an
Intellectual Property Right (commonly called I.P.R.). A new set of laws called Intellectual Property
Right Laws, were enacted to protect these property right
Intellectual Property is a broad category of law concerning the rights of the owners of intangible
products of invention or creativity. For example, IP law grants exclusive rights to certain owners
of artistic works, technological inventions, and symbols or designs. Subcategories of IP law
include patent, copyright, trademark, and trade secrets. IP lawyers work in litigation, licensing,
technology transfer, venture capital, IP asset management, and trademark and patent
prosecution.
Intellectual property rights are the legal rights that cover the privileges given to individuals who
are the owners and inventors of a work, and have created something with their intellectual
creativity. Individuals related to areas such as literature, music, invention, etc., can be granted
such rights, which can then be used in the business practices by them.
The creator/inventor gets exclusive rights against any misuse or use of work without his/her prior
information. However, the rights are granted for a limited period of time to maintain equilibrium.
The following list of activities which are covered by the intellectual property rights are laid down
by the World Intellectual Property Organization (WIPO)
Industrial designs
Scientific discoveries
Protection against unfair competition
Literary, artistic, and scientific works
Inventions in all fields of human endeavor
Performances of performing artists, phonograms, and broadcasts
Trademarks, service marks, commercial names, and designations
All other rights resulting from intellectual activity in the industrial, scientific, literary, or artistic
fields
Types of Intellectual Property Rights
Intellectual Property Rights can be further classified into the following categories
Copyright
Patent
Patent
Trade Secrets, etc.
Intellectual Property in Cyber Space
To safeguard the business interest, it is vital to create an effective property management and
protection mechanism keeping in mind the considerable amount of business and commerce
taking place in the Cyber Space.
It is the duty of the intellectual property right (IPR) owner to invalidate and reduce such mala
fide acts of criminals by taking proactive measures. To design and implement a secure
cyberspace, some stringent strategies have been put in place.
the major strategies employed to ensure cybersecurity, which include the following
Creating a Secure Cyber Ecosystem
Software piracy is the illegal copying, distribution, or use of software. It is such a profitable
"business" that it has caught the attention of organized crime groups in a number of countries.
When you purchase a commercial software package, an end user license agreement ( EULA ) is
included to protect that software program from copyright infringement. Typically, the license
states that you can install the original copy of software you bought on one computer and that
you can make a backup copy in case the original is lost or damaged. You agree to the licensing
agreement when you open the software package (this is called a shrink wrap license), when you
open the envelope that contains the software disks, or when you install the software.
Software piracy applies mainly to full-function commercial software.
Types of software piracy include:
Softlifting: Borrowing and installing a copy of a software application from a colleague.
Client-server overuse: Installing more copies of the software than you have licenses for.
Hard-disk loading: Installing and selling unauthorized copies of software on refurbished or new
computers.
Counterfeiting: Duplicating and selling copyrighted programs.
Online piracy: Typically involves downloading illegal software from peer-to-peer network,
Internet auction or blog. (In the past, the only place to download software was from a bulletin
board system and these were limited to local areas because of long distance charges while
online.)
software piracy is considered stealing. It is the same as shoplifting or burglary. The software user
also runs a higher risk of viruses and fatal system crashes because of corrupted diskettes or
defective software. Consumers also lose because they don't enjoy the full benefits of technical
support, warranty protection, or product upgrade information.
When installing software via Internet or CD-ROM, users agree to a licensure agreement before
they are able to test out the software. If this agreement is broken or violated, then the user is
guilty of software piracy. The software licensure agreement is a contract between the software
user and the software developer. Usually, this agreement has certain terms and conditions the
software user must follow. When the user doesn't follow the rules and regulations, they are guilty
of software piracy. Some of these terms and conditions prohibit:
1. Using multiple copies of a single software package on several computers
2. Passing out copies of software to others without the proper documentation (Not having a
multiple site license for more than one computer)
3. Downloading or uploading pieces of software via bulletin boards for others to copy
4. Downloading and installing shareware without pay- ing for it
Unless otherwise stated, most software licensure agreements allow you to place one copy on a
single computer and make a second copy for backup purposes. Software piracy comes in many
different forms. The three most common type are End- User Piracy, Internet Piracy and Reseller
Piracy.