DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

LAW OF TORTS

(2020-21)

CYBER TORTS

SUBMITTED TO: SUBMITTED BY:

DR ANKITA YADAV JAHANVI RAJ

Assistance Professor (Law) 200101074

Dr Ram Manohar Lohiya B.A.L.L.B(Hons.)

National Law University Semester II

1|Page
 ACKNOWLEDGEMENT

This project wouldn’t have been made possible without the help of Dr. Ankita Yadav, I
would like to express my foremost gratitude to her for her valuable guidance throughout the
various stages of completion of this project.

I want to thank my colleagues who provided me with help and support whenever I needed it,
the process of finishing this project was made easier because of them.

JAHANVI RAJ

DECLARATION

I hereby declare that the project entitled “Cyber Torts” submitted by me to Dr. Ram Manohar
Lohiya National Law University, Lucknow in partial fulfilment requirement for the award of
the degree of B.A.L.L.B(Hons.) is a record of bona fide project work carried out by me under
the guidance of Dr. Ankita Yadav. I further declare that the work reported in this project has
not been submitted, and will not be submitted either in part or in full, for the award of any
other degree or diploma in this institute or any another university.

JAHANVI RAJ

2|Page
 TABLE OF CONTENT
1. INTRODUCTION………………………………………………………………..…..4
2. CYBER WORLD………………………………………………………………..…...4
3. BIRTH OF INTERNET LITIGATION…………………………………………..….5
4. CYBER TORTS……………………………………………………………………...5
5. DIFFERENCE BETWEEN CONVENTIONAL AND CYBER TORTS………..….6
6. MODES OF COMMITTING CYBER TORTS…………………………………......6
7. CLASSIFICATION OF CYBER TORTS…………………………………………...7
8. STATUTORY PROVISIONS…………………………………………………….....9
9. CONCLUSION………………………………………………………………….......11
10. BIBLIOGRAPHY……………………………………………………………...…....12

3|Page
 .

INTRODUCTION
Technologies has revolutionized our world over the years, creating incredible tools and
resources that put extremely useful knowledge at the fingertips of each and every person.
The digital revolution has been both a blessing and a curse, as e-filing in courtrooms has
become standard, and information about cases is now posted online on websites, as well as a
curse, as some of the wrongs that were previously only possible in the real world, are now
possible in the virtual world as well in the form of digital defamation and cyberstalking, etc.
It has become relatively easy for the government of India to provide government services,
exchange information, and so on through e-governance, resulting in a limited use of paper
and supporting the technical sector. Everything is now easy to access online rather than
through paperwork and files. The cyber world has a different set of rules from that of the real
world as a large or small nation can field a cyber technology capability for legitimate or even
illegitimate reasons, even terrorist organizations such as ISIS can field a powerful cyber
organization by using social media for their propaganda and have cyber units which can hack
sensitive information from larger and more advanced nations, such as the United States of
America.
India is a newcomer to the digital world and will take some time to establish a strong
presence in it. Cyber technology also poses significant security risks, as war tactics, sensitive
information about the country, and upcoming negotiations with foreign countries can all be
hacked and exposed online. Because of the growing number of complexity in the field of
internet security, career personnel in law enforcement, security protection, and
counterterrorism are in high demand. All of these positions necessitate a solid educational
background in addition to the employment requirements. Even online legal education
platforms have begun to provide a variety of courses

CYBER WORLD
A new virtual world, known as a cyber world, has emerged online as a result of the
advancement of technology and the expansion of the digital age. It is still new and evolving
every day, and it resembles the actual world in many respects except that the individual is
virtually present in the cyber world rather than the real world. Communication, payment, and
information collecting have all become easier as a result of technological advancements and
the rise of the cyber world. However, some people have taken use of these privileges with a
malicious (evil) motive, resulting in cyber crimes.

4|Page
BIRTH OF INTERNET LITIGATION
The Internet, which began as the U.S. Defense Department’s ARPANET, was designed to
link computer networks to various radio and satellite networks.25 The first judicial opinion to
mention the Internet was United States v. Morris.26 The defendant in Morris was a graduate
student who had released an Internet worm that paralyzed thousands of university and
military computers throughout the United States.27 In the same year, Robert Riggs was
prosecuted for gaining unauthorized access to a Bell South computer and misappropriating
proprietary information about the telephone company’s 911 system. He subsequently
published this confidential data in a hacker newsletter.

It was not until 1994 that any plaintiff prevailed in an Internet tort case. In a controversial
decision, an anthropologist was denied tenure at the University of West Australia in Rindos v.
Hardwick. A rival anthropologist, Hardwick, posted a statement supporting the university’s
decision and accusing Rindos of sexual deviance and of research detrimental to the aboriginal
people of Australia.30 Although an Australian court assessed this first damage award in an
Internet tort case, the vast majority of subsequent cyber torts have been litigated in America.
During the past decade, American tort law is beginning to evolve to address online injuries
such as Internet defamation, e-mail stalking, spamming, and trespassing on web sites.

CYBER TORTS
Cyber torts are the newest and, in many ways, the most difficult challenge in the cyber world.
“Cyber torts are those species whose genus is conventional torts and where the computer is
either the object or the subject of the tort-inducing conduct.” “Cyber tort encompasses any
illegal action that use a computer as an instrument, target, or means of committing additional
crimes.”
A broad definition of a cyber tort might be "unlawful activities in which the computer is used
as a tool, a target, or both." Financial crimes, the sale of unlawful articles, pornography,
online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, and
cyber stalking are all examples of how the computer can be utilized to commit cyber torts.
Both civil and criminal wrongs can be committed using computers. The sole distinction
between a wrong and a cyber wrong is that a cyber wrong involves the use of technology in
the commission of it, i.e. the medium through which a cyber wrong is committed is through
technology. In the cyber world, cyber wrongs are of two types, namely-
1. Civil cyber wrongs, such as a cyber tort, or
2. Criminal cyber wrongs.

• CIVIL CYBER WRONG

5|Page
 A civil cyber wrong is one committed online and is civil in nature, such as a tort of
defamation perpetrated online using a computer (or any device with internet connectivity
and the ability to change or upload material online, such as a mobile phone or a tablet) as
a tool to commit that kind of wrong. Despite the fact that civil cyber wrongs are not
defined or addressed, the essence of civil liability is defined under section 43 of the IT
Act of 2000.

• CRIMINAL CYBER WRONG

A criminal cyber crime is a major threat that must be addressed as soon as feasible. A
criminal cyber crime is a crime committed online using technology, such as hacking,
information theft, denial of service attacks, and so on. Although not specifically
addressed as criminal cyber wrongs in any legislation, the IT Act of 2000 does specify a
number of criminal wrongs, including child pornography, which is defined under Section
67-A of the act

DIFFERENCE BETWEEN CONVENTIONAL AND CYBER

TORT
There appears to be no difference between cyber and traditional torts. However, upon further
reflection, we may conclude that there is a discernible line of demarcation between traditional
and cyber torts. In circumstances of cyber tort, the line is drawn when the medium is
involved. The sine qua non of a cyber tort is that the virtual cyber medium, i.e. cyber space,
must be involved at some point.

MODES OF COMMITTING CYBER TORTS

1. Unauthorized access of operating systems or networks / interference- Commonly
defined as interference. The term ‘unauthorized access’ is also broader than the word
‘hacking’.
2. However, this expression has not been applied in reference to the Information
Technology Act Misuse of electronic data – from hard disk recordings, compact disks,
disquettes and flash-drive devices, etc. Misuse of electronic information. Stealing can
be achieved through the real stealing, misappropriation or digital media.
3. This type of operation ensures that a receiver will accept an enormous amount of mail
which may eventually crash on a certain single person or organization or even on a
mail server.
4. Software Diddling – This type of attack allows raw information to be modified before
a computer is used for detection and modification when operation is halted.

6|Page
 Throughout the infrastructure computerization, the Electricity Board had serious
issues with data
5. Salami Attacks- Usually this type of crime is committed in banks or financial
institutions. One of the major advantages of this form of crime is that it is so minor
that it is generally missed. For example, In Ziegler, where the financial structure has
taken out logic, 10 percent of all revenues are withdrawn and allocated to a particular
6. Service refusal-the victim’s computer wants more than it can handle, which causes it
to The DS is a type of service denial sometimes involving a broad and typical number
of perpetrators. The Denial of Service Attack (DDOS) For examples. Amazon,
Yahoo. Yahoo.
7. Virus / worm attacks — Virus applications are applications that link a system or file
to other internet software and computers. In fact, the data on a computer is influenced
by alteration or Unlike viruses, Worms need not host themselves. Worms do not.
Worms do not. You just repeat and do that again until you take all the available room
on a memory on your machine. For examples, love bug virus affects 5% or more of
computers worldwide. There were damages of $10 million. The most common worm
in the world, which was introduced in 1988 was Robert Morris’ Internet worm, which
had almost entirely stopped the growth of the internet.
8. Logical explosives- increasing structures are focused on This indicates that such
processes only exist if such incidents (called cause cases) exist. Of e.g., even certain
virus’s may be called rational explosives as they sleep year-round. (such as the
Chernobyl virus).
9. Trojan attacks – The name ‘Trojan horse’ derived from this phrase. In software that is
an illegal application, which is automatically regulated by having an approved
application over certain programs. E-mail is the most popular way to mount a Trojan.
For e.g., while talking, a Trojan was mounted on a lady film director’s machine in the
USA. The cyber thief accessed her naked images from the web cam mounted on the
device. He insulted the lady ever more.
10. Theft of Internet time – usually in these criminals another person utilizes the internet
surf hours of the perpetrator. The access to the login ID and password is provided. For
examples. The Internet hours is used by everyone else through Colonel Bajwa’s event.
Maybe this was one of India’s first recorded cyber-crime incidents. The police were
not informed of the existence of cyber-crime, however. This event was not well
documented.

CLASSIFICATION OF CYBER TORTS

There are various types of cyber crimes, such as-
• Cyber Stalking or Cyber Harassing
• Harassment via E-mails
• Cyber Stalking or Cyber Harassing.
• Harassment via E-mails
• Cyber defamation.
• Cyber-vandalism.
• Unauthorized access over someone’s virtual machine.
7|Page
• Trafficking.
• Fraud and Cheating.

• CYBER STALKING
Cyberstalking is watching a person's online activity on social media or other websites,
as well as sending threatening messages and posting on bulletin boards.

• HARASSMENT VIA E-MAIL

Harassment via emails is a very old concept and has been there since the initial days
of electronic mails, it is very much similar to the concept of harassment via letters in
real life.

• CYBER OBSCENITY
Pornography on the internet has various forms. It may also include prohibited material
such as child pornography, which is a heinous crime in real life as well.

• CYBER DEFAMATION
Defamation is the act of making a statement about someone that may harm their
reputation in the perspectives of rational people. It can be written or spoken. Except
for the use of a virtual machine, cyber defamation is quite similar to real-life
defamation. Cyber defamation is a type of defamation that takes place via the internet.

• CYBER VANDALISM
Vandalism in the traditional sense refers to the act of destroying or damaging
someone else's property. As a result, cyber-vandalism refers to the intentional
infliction of physical harm to anyone's computer or virtual machine. These crimes can
take the shape of theft of a computer or a computer's peripherals.

• UNAUTHORIZED ACCESS OVER SOMEONE’S VIRTUAL MACHINE

The activity of gaining access to someone else’s virtual machine without their consent
is also a cyber tort as it is a violation of their private space.

• TRAFFICKING
Trafficking is of many kinds, it may be in drug, ammunition, or even human beings,
etc. Trafficking is taken a form with the ascension of the internet as cyber trafficking
has also developed, where the process of trafficking is done online through the use of
a virtual machine.

• FRAUD AND CHEATING

Online fraud and cheating have become one of the biggest threats the government has
to deal with. These include Credit card crimes, fake job offerings, misappropriation,
etc.
Example: Some organizations of hackers are specifically made to create fake links
and send them as emails in order to gather information related to the credit cards.

8|Page
STATUTORY PROVISIONS
The Indian parliament considered it necessary to give effect to the resolution by which the
General Assembly adopted Model Law on Electronic Commerce adopted by the United
Nations Commission on Trade Law. As a consequence of which The Information Technology
Act 2000 was passed and enforced on 17th May 2000.the preamble of this Act states its
objective to legalize e-commerce and further amend the Indian Penal Code 1860, The Indian
Evidence Act 1872, The Banker’s Book Evidence Act1891 and The Reserve Bank of India
Act 1934. The basic purpose to incorporate the changes in these Acts is to make them
compatible with the Act of 2000. So that they may regulate and control the affairs of the
cyber world in an effective manner.

The important sections are Ss. 43,65,66,67. Section 43 in particular deals with the
unauthorized access, unauthorized downloading, virus attacks or any contaminant, causes
damage, disruption, denial of access, interference with the service availed by a person. This
section provides for a fine up to Rs. 1 Crore by way of remedy. Section 65 deals with
‘tampering with computer source documents’ and provides for imprisonment up to 3 years or
fine, which may extend up to 2 years or both. Section 66 deals with ‘hacking with computer
system’ and provides for imprisonment up to 3 years or fine, which may extend up to 2 years
or both. Further section 67 deals with publication of obscene material and provides for
imprisonment up to a term of 10 years and also with fine up to Rs. 2 lakhs.
ABJUDICATION OF A CYBER TORT
On the directions of the Bombay High Court the Central Government has by a notification
dated 25.03.03 has decided that the Secretary to the Information Technology Department in
each state by designation would be appointed as the AO for each state.
SECTION 79 OF THE INFORMATION TECHNOLOGY ACT, 2000
(the "Act") gives immunity to network service providers. According to Section 79 of the Act,
a 'network service provider' (defined as a person who on behalf of another person receives,
stores or transmits the electronic messages) shall not be liable under the Act, or Rules or
Regulations made there under, for any third party information or data made available by him
if he proves that the offence or contravention was committed without his knowledge or that
he had exercised all due diligence to prevent the commission of such offence or
contravention.
THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008
The Information Technology Amendment Act, 2008 was passed by the Indian Parliament on
December 22, 2008 and following Presidential assent it has become a law from February 5,
2009. The amendment bears a certain degree of similarity to the prevailing law in the United
States of America ("USA"). In USA, intermediaries such as SNWs, internet service providers
and other interactive web service providers are exempted from liability under defamation if
(i) they prove that they have no control over the statement or content and (ii) they remove
such statement or content from their website or network immediately upon receiving the
notice from the plaintiff.

9|Page
The amended Section 79 of this Amendment Act provides the mechanism equivalent to the
law of USA. Following are the relevant provisions of the Information Technology Act (after
the said amendment comes into force).
Section 79-
• Notwithstanding anything contained in any other law for the time being in force but
subject to the provisions of sub-sections (2) and (3), an intermediary shall not be
liable for any third party information, data, or communication link made available by
him.
• The provisions of sub-section (1) shall apply if—

1. the function of the intermediary is limited to providing access to a communication

system over which information made available by third parties is transmitted or
temporarily stored; or

2. the intermediary does not—

a. initiate the transmission,
b. select the receiver of the transmission, and
c. select or modify the information contained in the transmission.

• The provisions of sub-section (1) shall not apply if—

1. the intermediary has conspired or abetted in the commission of the unlawful act;
2. upon receiving actual knowledge, or on being notified by the appropriate Government
or its agency that any information, data or communication link residing in or
connected to a computer resource controlled by the intermediary is being used to
commit the unlawful act, the intermediary fails to expeditiously remove or disable
access to that material on that resource without vitiating the evidence in any manner.

• Intermediary shall observe such other guidelines as the Central Government may
prescribe in this behalf.
Explanation-For the purpose of this section, the expression "third party information" means
any information dealt with by an intermediary in his capacity as an intermediary.

Section 2(w) –
"intermediary, with respect to any particular electronic records, means any person who on
behalf of another person receives, stores or transmits that record or provides any service with
respect to that record and includes telecom service providers, network service providers,
internet service providers, web-hosting service providers, search engines, online payment
sites, online-auction sites, online market places and cyber cafes, but does not include body
corporate referred to in section 43A."

10 | P a g e
CONCLUSION
It is impossible for any government to prevent cyber torts or other online wrongdoings from
occurring on a daily basis. Governments, on the other hand, can adapt and expand their
technology in order to monitor everyone's online actions in cyberspace.
As far as we know, no legislation in the history of the world has ever been able to eliminate a
wrong for which it was enacted. The same can be said about India's cyber laws, which are
always evolving as the cyber world expands, resulting in more innovative methods to exploit
vulnerabilities on the internet and do wrongdoing every day.
Because many individuals are uninformed of the wrongs that can occur online and the
penalties that come with them, the government should design a strategy to publicize the
offences and fines so that even the average person is aware of the consequences of such
activities.

11 | P a g e
BIBLIOGRAPHY

WEB SOURCES
http://www.legalservicesindia.com/article/1134/Cyber-Torts.html
https://blog.ipleaders.in/cyber-torts/
http://niu.edu.in/slla/Cyber_Laws-Cyber_Tort.pdf

12 | P a g e