Professional Documents
Culture Documents
Cyber Laws Material
Cyber Laws Material
Cyber Laws Material
Cyber laws
Computers play a vital role in our society. They are the central tools in modern
societies. Nowadays, computers are used in almost all the field of society. They are
used in education, medicine, entertainment, industries, banks, homes, science and
technology, transportation, communication, and businesses. The terms 'computer'
and 'society' are complementary to each other. If a computer is removed from
society, society becomes useless. All human activities have a great influence on
computers. The progress of any country is measured on the basis of the advancement
in Information Technology (IT). But, it has also negative impacts in society, So, we
should study the positive as well as negative impacts of computers in society.
Computers are used in various sectors like teaching and learning.
6. Telephones:
Computerized telephone exchanges handle an ever-increasing volume of calls very
efficiently.
7. Medicine:
Computers are widely used in hospitals for tasks such as maintaining drugs, surgical
equipment, payroll, checkup, and treatment of diseases.
Computers have both positive and negative impacts on our daily life as well as in our
social life. But the gross development of the nation is faster with the application of
computers in industries and education. Both positive and negative impacts of
computers are given below:
Positive Impacts
a. Employment:
Computer Science has opened many opportunities for present and future
employment. Nowadays, the world is computerized and computers have become
essential requirements for human life. Because of the development of computers,
people get opportunities related to the development of computer software and
hardware. So, we can say that computers play a vital role to create new employment
opportunities in our society.
b. Education:
Computers have made a direct impact on education. Computers are involved in
teaching and learning processes. They can instruct each student differently, animate
important concepts, and use interactivity to involve students in the learning process.
CAI (Computer Aided Instruction) refers to interactive instructional strategies that
are computers to convey and teach instructional material to students. Similarly, CAL
(Computer Assisted Learning) is used to convey a vast amount of information in a
very short period of time. A computers' voice recognition capability and its
connection to the Internet make it possible for the students to participate in learning
activities.
Page: 3
Cyber laws
c. Communication:
One of the most exciting and fastest-growing applications of computer technology is
communication. The Internet forms a vast web system around the world through
which computers can exchange information at high speed. People, by sitting at one
corner of a country can communicate easily with different people around the world
very easily. Workers use a computer terminal or microcomputer with
telecommunication capability to access their company computer networks and
databases.
d. E-Commerce:
Electronic commerce is an online activity of the business. It is a global phenomenon
of marketing in which goods and services are offered through the Internet. The
business organizations arrange questionnaires and collect views of customers about
products. The advertisement, employment communication, order taking, and supply
are done through the computer.
e. Health care:
Computers are used in the medical field for performing a wide variety of tasks. They
are used in medicine for diagnosing illnesses and monitoring patients to control the
movements of robotic surgical assistants. There are many expert systems to guide
physicians and surgeons. The computerized systems automate the billing and other
administrative processes.
f. Entertainment:
Computers have now become an important part of the entertainment industry. They
are widely used to create special effects in movies. They are used in editing movies
and multimedia presentations. All films and videos are created by using computers.
So, it can be said that there is little chance of entertainment without the use of
computers in our society. Similarly, Virtual Reality (VR) and artificial environments
seem to really help in playing games and watching 3D movies.
g. Science and technology:
Computers are responsible to improve scientific and technological advancements.
They are also used in the design and operations of man-made satellites, space
exploration, vehicles, rockets, and weather forecasting.
Page: 4
Cyber laws
h. Multimedia:
The multimedia presentation gives the information to the targeted group using a
variety of media like text, voice, animation, sound, picture and so on. Multimedia
contents are very clear for viewers to grasp the concept of everything. Multimedia
technology is used in our society, especially for the teaching-learning processes and
advertisements.
Negative impacts.
a. Reduction of employment:
When computers are installed in organizations, only a few expert employees are
needed and the rest are terminated from jobs. So, it creates the problem of
unemployment also. Because of the lack of knowledge of computer education in our
society, many people are becoming jobless. On the other hand, if our society is
computerized then fewer workers are required. This is the negative impact of
computers.
b. Computer Crime
Computer crime includes theft of computers and computer software, theft of data,
and destruction of data by computer viruses, Many computer crimes involved the
theft of money. Computer-related crimes are numerous and widespread. If data is lost
Page: 5
Cyber laws
or damaged we may not retrieve these in desired time and it creates adverse effects
on business.
c. Privacy
The growth of computerized record-keeping brings dangers of privacy. Computers
contain important and valuable data and they allow this data to be transmitted,
copied, and combined in ways that were never possible with an earlier manual
system. So, important data and information may be changed illegally by computer
users and creates a problem of privacy.
d. Creativity
Nowadays, people are not using their minds for common arithmetic which gradually
results in loss of their numerical ability. On the other hand, people are busy playing
computer games instead of outdoor games. This leads to a decrease in physical and
creative activities.
Besides these points, the negative impacts of computers can be listed as:
1. Highly expensive.
2. Sometimes, huge data and information can be lost.
3. Fast-changing computer technology.
4. illiteracy of computing and computers.
Browsers
HTML and CSS
Programming Languages
Frameworks
Web Servers
Databases
Protocols
Lastly, data Formats
Although many technologies are involved in creating a web application, some are
more central to building a web application.
CSS
Cascading Style Sheets let designers change the look of a web page. CSS
frameworks such as Bootstrap or Tailwind CSS can speed page development.
However, front-end developers can create modular CSS components that can be
reused as needed, eliminating the need for frameworks such as Materialize and
Bulma.
Tools are continually being developed to help with web page design and creation.
For example, LESS and SASS are pre-compilers that add functionality and make
CSS easier to work with. Flexbox and Grid are two newer tools that help develop
grid-like layouts for web pages.
Page: 7
Cyber laws
Frameworks
Frameworks take care of repetitive development tasks or make programming tasks
easier to do. There are frameworks for the server-side and the client-side of web
development. Different programming languages require different frameworks. A few
server-side frameworks include:
Meteor and the PHP frameworks are new to the market. Some front-end frameworks
are based on content management systems (CMS). Both WordPress and Drupal are
CMS-based systems built with PHP. Mobile frameworks are also available, including
Ionic and Phonegap/Cordova. There are several front-end frameworks for JavaScript,
such as
Angular.js
Ember.js
Backbone.js
Express.js
Vue.js
With so many frameworks, it’s easy to learn multiple frameworks. The best approach
is to learn one or two and expand as needed.
Programming Languages
Programmers have their favorite languages. The best language is more a matter of
preference than functionality, although there are times when one language may be
better suited to an application than another. Here are the most common programming
languages.
Javascript
Python
Ruby
PHP
Java
C#
HTML
Elixir
Lastly, Scala
Page: 8
Cyber laws
Elixir and Scala are relatively new languages. Other languages include Go,
Objective-C for iPhones, and Swift. Swift is Apple’s latest programming language.
Databases
Databases can be relational like SQL or non-relational like MongoDB. No matter the
database, web applications use them to store data that is used to display on web
pages. The following are the most used databases.
Browsers
Web applications should be browser independent.
However, if an application is not independent, the web pages may not display as they
should.
Web Servers
Web servers allow communication traffic between the client and the server. The
most used servers include:
Also, Apache Tomcat, Node.js, and Lighttpd are other web servers.
Page: 9
Cyber laws
Protocols
Protocols standardize how data interacts among computers. Further, HTTPS is the
protocol between a browser and a website. Indeed, it is the fundamental way
information transports over the internet. Two newer protocol:
Data Formats
Data formats structure data storage. JSON is becoming the most popular, although
most Microsoft systems still use XML. CSV is a comma-delimited data format,
primarily used by applications such as Excel.
For example:
# Almost all transactions in shares are in demat form.
# Almost all companies extensively depend upon their computer networks and keep
their valuable data in electronic form.
# Government forms including income tax returns, company law forms etc. are now
filled in electronic form.
# Consumers are increasingly using credit/debit cards for shopping.
# Most people are using email, phones and SMS messages for communication.
# Even in “non-cyber crime” cases, important evidence is found in computers/cell
phones eg: in cases of murder, divorce, kidnapping, tax evasion, organized crime,
terrorist operations, counterfeit currency etc.
# Cybercrime cases such as online banking frauds, online share trading fraud, source
code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing
attacks, email hijacking, denial of service, hacking, pornography etc. are becoming
common.
Page: 10
Cyber laws
2. Copyright:
The internet has made copyright violations easier. In early days of online
communication, copyright violations was too easy. Both companies and
individuals need lawyers to bring actions to impose copyright protections.
Copyright violation is an area of cyber law that protects the rights of individuals
and companies to profit from their own creative works.
3. Defamation:
Several personnel use the internet to speak their mind. When people use the
internet to say things that are not true, it can cross the line into defamation.
Defamation laws are civil laws that save individuals from fake public statements
that can harm a business or someone’s personal reputation. When people use the
internet to make statements that violate civil laws, that is called Defamation law.
5. Freedom of Speech:
Freedom of speech is an important area of cyber law. Even though cyber laws
forbid certain behaviors online, freedom of speech laws also allow people to
speak their minds. Cyber lawyers must advise their clients on the limits of free
speech including laws that prohibit obscenity. Cyber lawyers may also defend
their clients when there is a debate about whether their actions consist of
permissible free speech.
6. Trade Secrets:
Companies doing businesses online often depend on cyber laws to protect their
trade secrets. For example, Google and other online search engines spend lots of
time developing the algorithms that produce search results. They also spend a
great deal of time developing other features like maps, intelligent assistance and
flight search services to name a few. Cyber laws help these companies to take
legal action as necessary in order to protect their trade secrets.
Digital signatures have been given legal validity and sanction in the Act.
It has opened the doors for the entry of corporate companies for issuing Digital
Signatures Certificates in the business of being Certifying Authorities.
The IT Act also addresses the important issues of security, which are so critical to
the success of electronic transactions.
As a business owner, you manage many assets on a daily basis, but you may be
overlooking an important one: intellectual property.
Your intellectual property includes the intangible assets you create for your business,
such as names, designs, and automated processes. And just like tangible possessions,
your intellectual property needs to be monitored and protected.
1. Trademarks
Trademarks are the names, phrases, and symbols that differentiate your brand from
others in your industry. They must be distinctive and used in commerce to sell or
promote a product or service.
Examples: Words, symbols, names, colors, or sounds that identify where your goods
and services come from.
2. Copyrights
A copyright grants legal rights to anything you create that expresses or embodies an
idea. It gives you exclusive rights to copy, distribute, reproduce, display, and license
the work.
Examples:
Software
Architectural designs
Graphic arts
Video and sound recordings
Books
Databases
3. Patents
Patents are granted for new, useful inventions, and they will give you the right to
prevent others from making, using, or selling your invention.
Examples:
Utility patents: For tangible inventions, such as machines, devices, and composite
materials, as well as new and useful processes
Design patents: For the ornamental designs on manufactured products
Plant patents: For new varieties of plants
Page: 14
Cyber laws
4. Trade secrets
A trade secret is a piece of confidential business information whose secrecy gives
you an advantage over your competitors.
Examples: Formulas, patterns, techniques, or processes that are not known or readily
attainable by others.
2.
give way to arguments, demands, or pressure.
"the Western powers now yielded when they should have resisted"
unscrupulous :
behaving in a way that is dishonest or unfair in order to get what you want:
Q) Explain about Cyber Jurisprudence at Indian and International Level
The broad range of cybercrimes can be divided into two categories for better
understanding. Type one is a single event of cybercrime, which may be phishing,
virus attack, e-commerce fraud, and identity theft. Type two cybercrimes are pretty
serious in nature; it involves repeated interaction with the target, for example,
cyberstalking, harassment, blackmail, and so on. It is an on-going series of events
forming a chain of crimes.
Page: 15
Cyber laws
The term jurisprudence is derived from the Latin words “jus” and “prudence”. The
common English meaning is “knowledge of the law”. Basically, cyber jurisprudence
is the study of cyber jurisdiction.
Cyber jurisprudence
In general, jurisprudence is the concept of law, an analysis of how social norms and
changes have contributed to the development of law. Thus, cyber jurisprudence
might be defined as law directly related to cybercrimes.
When a person intentionally destroys, alters, or conceals any computer source code,
which is required to be maintained under law.
If any person fraudulently uses the passwords, digital signature, or any unique
identity of another person
Cybersecurity laws and regulations in the United States are said to be the most
effective and robust in the world. The Consumer Protection Act of 2017, aimed at
securing the privacy of the user and to prevent data theft. This is applicable to all the
institutions or organizations, that are indulged in the collection and usage of the
user’s personal information. Generally, the penalty associated with the misusage of
consumer’s sensitive information will not exceed 5 million dollars. But, if the same
was accounted for as international misuse then an additional 5 million dollars will be
imposed. Apart from this, there are some Acts that were introduced in the US for
enhancing the common goal of cybersecurity.
In the UK the Computer Misuse Act of 1990 is the main and mother legislation
related to the attacks against computers. However, it does not expressly define what
a computer is. In the case of DPP v McKeown and, DPP v Jones [1997] 2 Cr App R
155 HL a computer was defined as a “device storing, processing, and retrieving
information.” Thus it is said to be applicable for laptops, personal tablets, and mobile
phones in the same way as traditional PCs and desktops. This Act penalizes the cyber
offences of hacking, denial of services (DoS), and unauthorized invasion into
computer data or programs with the intention to cause an attack on national
cyberinfrastructure.
The Data Protection Act 2018 penalizes cyber-related offences like cyber trespass,
leaking or selling the victim’s personal data without consent, and so on. The cyber
piracy of intellectual property is punishable under the Copyright Design and Patent
Act 1988. The Malicious Communication Act 1988 and Communication Act 2003
make it an offence for a person who sends obscene or indecent messages via a
“public electronic communication network”. The Obscene Publication (Amendment)
Act, 1959, deals with the storage and sharing of such porn related stuff.
2. Cyber Bullying
A form of harassment or bullying inflicted through the use of electronic or
communication devices such as computers, mobile phones, laptops, etc.
3. Cyber Stalking
Cyber stalking is the use of electronic communication by a person to follow a person,
or attempts to contact a person to foster personal interaction repeatedly despite a
clear indication of disinterest by such person; or monitors the internet, email or any
other form of electronic communication commits the offence of stalking.
4. Cyber Grooming
Cyber Grooming is when a person builds an online relationship with a young person
and tricks or pressures him/ her into doing a sexual act.
Page: 18
Cyber laws
6. Online Sextortion
Online Sextortion occurs when someone threatens to distribute private and sensitive
material using an electronic medium if he/ she doesn’t provide images of a sexual
nature, sexual favours, or money.
7. Phishing
Phishing is a type of fraud that involves stealing personal information such as
Customer ID, IPIN, Credit/Debit Card number, Card expiry date, CVV number, etc.
through emails that appear to be from a legitimate source.
8. Vishing
Vishing is an attempt where fraudsters try to seek personal information like
Customer ID, Net Banking password, ATM PIN, OTP, Card expiry date, CVV etc.
through a phone call.
9. Smishing
Smishing is a type of fraud that uses mobile phone text messages to lure victims into
calling back on a fraudulent phone number, visiting fraudulent websites or
downloading malicious content via phone or web.
10. Sexting
Sexting is an act of sending sexually explicit digital images, videos, text messages, or
emails, usually by cell phone.
14. Spamming
Spamming occurs when someone receives an unsolicited commercial message sent
via email, SMS, MMS and any other similar electronic messaging media. They may
try to persuade the recipient to buy a product or service, or visit a website where he
can make purchases, or they may attempt to trick him/ her into divulging bank
account or credit card details.
15. Ransomware
Ransomware is a type of computer malware that encrypts the files, storage media on
communication devices like desktops, Laptops, Mobile phones etc., holding
data/information as a hostage. The victim is asked to pay the demanded ransom to
get his device decrypts
Worms are malicious programs that make copies of themselves again and again on
the local drive, network shares, etc.
A Trojan horse is not a virus. It is a destructive program that looks like a genuine
application. Unlike viruses, Trojan horses do not replicate themselves but they can be
just as destructive. Trojans open a backdoor entry to your computer which gives
malicious users/programs access to your system, allowing confidential and personal
information to be theft.
20. Cyber-Squatting
21. Pharming
Pharming is a cyber-attack aiming to redirect a website’s traffic to another, bogus
website.
23. Espionage
Espionage is the act or practice of obtaining data and information without the
permission and knowledge of the owner.
The internet has been in existence since 1960’s and the World Wide Web (WWW)
since 1990’s. Cyber space raises about human rights and responsibilities. The
International Telecommunications Union estimates that almost 40% of the world’s
population and over 76% of people in developed countries are now internet users.
Government, business and organizations in civil society are increasingly using cyber
space platforms in the communication of information and delivery of services.
Accordingly, the internet has become a major vehicle for the exercise of the right to
freedom of expression and information.
Everyone shall have the right to freedom of expression, this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art or through any other
media of his choice
Page: 21
Cyber laws
The United Nations Human Rights Commission (UNHRC) has provided extensive
commentary on this article in General Comment Number 3.
The Human Rights Commission has stated that the freedom of expression and
information under Article 19 of the ICCPR include the freedom to receive and
communicate information, ideas and opinions through the internet.
The exercise of the rights provided for special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be such as provided
by a law and are necessary:
b) For the protection of national security or public order (order public), or public
health or morals.
This means that (like many other rights) the right to freedom of information must be
balanced with other rights. The United Nations Human Rights Commission has
stated that “The same rights that people have offline must also be protected online”
(mentioning in particular freedom of expression).
Laws seeking to balance rights and responsibilities often distinguish between public
and private conduct.
Page: 22
Cyber laws
Cyber forensics is the application of analysis techniques to collect and recover data
from a system or a digital storage media or device.
Some of the specific areas where research is being done in India are:
In India, Kerala was the first state to declare the Right to Internet a basic Human
Right. Internet is the pathway to the future and Right to Access Internet is necessary
for living a decent life and therefore is a Moral Human Right.
Internet is paramount to the home-based workers and small and individual owned
enterprises which sell their product and services online giving them a means for their
survival.
Internet provides access to transportation for millions of people around the country
by providing them a virtual platform. Internet is a mode of access to the education
for students who take online exams and do online diploma and other courses and thus
it is fundamental to facilitate the advancement and zeal of the Right to Education.
Page: 24
Cyber laws
Internet is getting basic to your day by day life just as an underwriter of financial
development.
State of Kerala ,Hon'ble High Court stated that Right to access internet is a part of
Right to education and Right to Privacy under Article 21A and Article 21 of the
Constitution of Indian respectively. Internet Access not only enhances the
opportunities of students to acquire knowledge but also enhances the quality of
education.
Costa Rico: In 2010, The Apex Court of Costa Rico had declared access to Internet a
basic human right. Under Article 33 of the Constitution of Costa Rico Access to the
Internet is a Fundamental Human Right.
Page: 25
Cyber laws
Spain: In November 2009 the Spanish citizens was entitled to have access to the
Internet because of the Act 2/11 of March 2004 which states that sustainable
economy should affix broadband access to its universal service.
Internet shutdown is merely a blanket ban imposed by the state on access to Internet
Service, either mobile or fixed line, and is not only a block on social media, but it
also affects businesses, welfare schemes, education, and impact on Human Rights. In
a developing economy like India shutting down Internet service is like closing all
roads for the development of the economy and even shutting down all the banks at
once.
On 4th August 2019, Web shutdown was forced in Jammu and Kashmir when
Parliament revoked Article 370 of the Constitution and the State of J&K was
bifurcated into Union Territory of J&K and Ladakh, prompting 213 days shutdown
which was proceeded till fourth March 2020 bringing about India's longest Internet
shutdown.
There are certain offences which affects the personality of individuals can be
defined as:
the right authorization of the owner and does not disturb, alter,
misuse, or damage data or system by using wireless internet
connection.
Internet Time Thefts: Basically, Internet time theft comes under
hacking. It is the use by an unauthorised person, of the Internet hours
paid for by another person. The person who gets access to someone
else’s ISP user ID and password, either by hacking or by gaining
access to it by illegal means, uses it to access the Internet without the
other person’s knowledge. You can identify time theft if your Internet
time has to be recharged often, despite infrequent usage.
There are certain offences done by group of persons intending to threaten the
international governments by using internet facilities. It includes:
An unlawful act done with the intention of causing harm to the cyberspace
will affect large number of persons. These offences includes:
Cognizable offences are those in which the police can arrest without any
warrant. These are more serious in nature. Non-cognizable offences on the
other hand are those for which a police officer has no authority to arrest, unless
with a warrant.
Under section 154 Criminal Procedure Code (CrPC), a police officer is bound to
register an FIR in case of a cognizable crime. He can also conduct some kind of
preliminary inquiry before registering the FIR. In these offences, a convict is arrested
and produced before the magistrate in the stipulated time.Some of the examples of a
cognizable offence are as follows:
1. Waging or attempting to wage war, or abetting the waging of war against the
government of India,
2. Murder,
3. Rape,
4. Dowry Death,
5. Kidnapping,
6. Theft,
Page: 30
Cyber laws
Offences
Cyber offences are the illegitimate actions, which are carried out in a classy manner
where either the computer is the tool or target or both.
Cyber-crime usually includes the following −
Unauthorized access of the computers
Data diddling
Page: 31
Cyber laws
Virus/worms attack
Theft of computer system
Hacking
Denial of attacks
Logic bombs
Trojan attacks
Internet time theft
Web jacking
Email bombing
Salami attacks
Physically damaging computer system.
The offences included in the I.T. Act 2000 are as follows −
Tampering with the computer source documents.
Hacking with computer system.
Publishing of information which is obscene in electronic form.
Power of Controller to give directions.
Directions of Controller to a subscriber to extend facilities to decrypt
information.
Protected system.
Penalty for misrepresentation.
Penalty for breach of confidentiality and privacy.
Penalty for publishing Digital Signature Certificate false in certain particulars.
Publication for fraudulent purpose.
Act to apply for offence or contravention committed outside India
Confiscation.
Penalties or confiscation not to interfere with other punishments.
Power to investigate offences.
Example
Offences Under The It Act 2000
Section 65. Tampering with computer source documents
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or
knowingly causes another to conceal, destroy or alter any computer source code used
for a computer, computer program, computer system or computer network, when the
computer source code is required to be kept or maintained by law for the being time
in force, shall be punishable with imprisonment up to three year, or with fine which
may extend up to two lakh rupees, or with both.
Explanation − For the purpose of this section “computer source code” means the
listing of programs, computer commands, design and layout and program analysis of
computer resource in any form.
Page: 32
Cyber laws
Object − The object of the section is to protect the “intellectual property” invested in
the computer. It is an attempt to protect the computer source documents (codes)
beyond what is available under the Copyright Law
Essential ingredients of the section
knowingly or intentionally concealing
knowingly or intentionally destroying
knowingly or intentionally altering
knowingly or intentionally causing others to conceal
knowingly or intentionally causing another to destroy
knowingly or intentionally causing another to alter.
This section extends towards the Copyright Act and helps the companies to protect
their source code of their programs.
Penalties − Section 65 is tried by any magistrate.
This is cognizable and non-bailable offence.
Penalties − Imprisonment up to 3 years and / or
Fine − Two lakh rupees.
The following table shows the offence and penalties against all the mentioned
sections of the I.T. Act −
JMFC
Hacking into someone’s private property or stealing some one’s intellectual work is a
complete violation of his right to privacy. The Indian constitution does not
Page: 36
Cyber laws
Thus right to privacy is coming under the expended ambit of article 21 of Indian
constitution. So whenever there is some cyber crime which is related to the persons
private property or its personal stuff then the accused can be charged of violation of
article 21 of Indian constitution, and prescribed remedy can be invoked against the
accused.
The substantive offences under the Convention can broadly be classified into
“(1) offences against the confidentiality, integrity and availability of computer data
and systems; (2) computer-related offences; (3) content-related offences; and (4)
criminal copyright infringement.”[1] The Additional Protocol makes the act of using
computer networks to publish xenophobic and racist propaganda, a punishable
offence. However, the full range of cybercrimes are not covered under the Budapest
Convention. These include cybercrimes such as identity theft, sexual grooming of
children and unsolicited spam and emails.
The OECD was established on Dec. 14, 1960, by 18 European nations, plus the
United States and Canada.It has expanded over time to include members from South
Page: 40
Cyber laws
In 1948, in the aftermath of World War II, the Organisation for European Economic
Co-operation (OEEC) was established to administer the predominantly U.S.-
funded Marshall Plan for post-war reconstruction on the continent. The group
emphasized the importance of working together for economic development, with
the goal of avoiding any more decades of European warfare. 5 The OEEC was
instrumental in helping the European Economic Community (EEC), which has since
evolved into the European Union (EU), to establish a European Free Trade Area. 6
In 1961, the OECD articles from the December 1960 convention went into effect,
and the United States and Canada joined the European members of the OEEC,
which changed its name to OECD to reflect the broader membership. 3 The
organization is headquartered in the Chateau de la Muette in Paris, France. 4
The OECD publishes economic reports, statistical databases, analyses, and forecasts
on the outlook for economic growth worldwide. Reports are variously global,
regional, or national in orientation. 7 The group analyzes and reports on the impact of
social policy issues–such as gender discrimination on economic growth 8 –and makes
policy recommendations designed to foster growth with sensitivity to environmental
issues.9 The organization also seeks to eliminate bribery and other financial crime
worldwide.1 0
The OECD maintains a so-called "black list" of nations that are considered
uncooperative tax havens, although there are not any nations currently on the list
since by 2009, all nations on the original list had made commitments to implement
the OECD standards of transparency. 11 The OECD is leading an effort with the
Group of 20 (G20) nations to encourage tax reform worldwide and eliminate tax
avoidance by profitable corporations. 12 The recommendations presented for the
project included an estimate that such avoidance costs the world's economies
between $100 billion and $240 billion in tax revenue annually. 13 The group also
provides consulting assistance and support to nations in central Asia and eastern
Europe that implement market-based economic reforms. 14
World Bank
The World Bank differs from the World Bank Group, in that the World Bank
comprises only two institutions: International Bank for Reconstruction and
Development (IBRD) and International Development Association (IDA). Whereas
the World Bank Group (WBG) is a family of five international organizations, namely
International Finance Corporation (IFC),Multilateral Investment Guarantee Agency
(MIGA), International Centre for Settlement of Investment Disputes (ICSID), IBRD
and IDA.
The World Bank’s (i.e. the IBRD and IDA’s) activities are focused on developing
countries, in fields such as:
1. Linking –
It permits a Website user to visit another location on the Internet. By simply
clicking on a word or image on one Web page, the user can view another Web page
elsewhere in the world, or simply elsewhere on the same server as the original
page.
Linking damages the rights or interests of the owner of the Linked webpage. It may
create the supposition that the two linked sites are the same and promote the same
idea. In this way, the linked sites can lose their income as it is often equal to the
number of persons who visit their page.
2. Software Piracy –
Software piracy refers to the act of stealing software that is lawfully shielded. This
stealing comprises various actions like copying, spreading, altering, or trading the
software. It also comes under the Indian copyright act.
An example of software piracy is downloading a replica of Microsoft Word from
any website other than Microsoft to avoid paying for it as it is a paid software.
Piracy can be of 3 types:
1. Soft lifting
2. Software Counterfeiting
3. Uploading-Downloading.
Linking & Framing: Linking & Framing is when a user clicks on a text hyperlink
that takes them to a different website. This website is similar to a well-known
company, and is created solely to deceive the consumers into believing that their
domain name bares association with successful business entities that have a strong
online presence.
Meta Tagging: Meta Tagging is when words and tags are used to manipulate
search engines into displaying the infringed website. They work similar to
Hashtags that are used on social media websites to increase visibility.
Also, these types of cyber-attacks which often lead to criminal offenses are
referred to as Cyber Terrorism. These cyber-attacks create panic and physical
damage to a large number of people.
Cyber Terrorism deals with creating damage to the people and their data using
computer networks intentionally in order to achieve their meaningful purpose.
Government Agencies like the FBI (Federal Bureau of Investigations) and the
CIA (Central Intelligence Agency) in the past have detected multiple cyber
attacks and cyber crimes through terrorist organizations.
The main purpose behind carrying out Cyber terrorism is to carry out some
cyberattack that makes a threat.
According to the FBI, a Cyber Terrorism attack is defined as a cybercrime that
may be used intentionally to cause harm to people on large scale using computer
programs and spyware.
A cyber terrorism attack is much more harmful than a normal cybercrime
because to intentional harm to the victims and it may not cause financial damage
to cause fear in society.
In most cases, the criminals target the banking industry, military power, nuclear
power plants, air traffic control, and water control sectors for making a cyber
terrorism attack for creating fear, critical infrastructure failure, or for political
advantage.
Working
Attacks:
Page: 47
Cyber laws
The term ‘Cyber Defamation’ basically means publishing of false statement about
an individual in cyberspace that can injure or demean the reputation of that
individual. In India, defamation can be contemplated as both civil and criminal
offence, and thus legal remedies are provided to the victims by the Indian judiciary
system.
The widely used social media brought a revolution not only in the Indian sphere but
also all across the world. The remarkable growth of the Internet has provided people
with a platform to express their opinions, thoughts, and feelings through various
forms of publications. Nonetheless, the ease of accessibility and publication in this
online world has created several risks as these digital platforms are prone to be
exploited by unscrupulous Internet users in the name of freedom of speech and
expression. Thus this has led to numerous cases of “Cyber Defamation”.
Page: 48
Cyber laws
Section 500 of IPC provides for punishment wherein “any person held liable under
section 499 will be punishable with imprisonment of two years or fine or both.”
Section 469 deals with forgery. If anyone creates a false document or fake account
by which it harms the reputation of a person. The punishment of this offence can
extend up to 3 years and fine.
Section 503 of IPC deals with the offence of criminal intimidation by use of
electronic means to damage one’s reputation in society.
from CERT-In, which tracks and monitors cyber security incidents in the country.
Last year, around 1.1 million cybersecurity incidents were reported.
Speaking at the inaugural event, the Special Secretary of DoT emphasised the need
for safe and secure cyberspace given the large networks in India. Cybersecurity is a
collective responsibility, and it calls upon all stakeholders – government, the
cybersecurity community, and businesses – to participate in building a resilient cyber
environment, she added. Panellists and experts from organisations, industries, and
agencies made presentations on best practices and highlighted the policy initiatives
of cybersecurity in India as well as across the globe. More than 400 participants
attended from critical sectors, including power, insurance, finance, industry,
academia, telecommunications and field units of DoT.
In October, the ASEAN-India Track 1.5 Dialogue on Cyber Issues was held to
enhance cooperation on cybersecurity and narrow the digital gap. Speaking at the
event, the Secretary of the Indian Ministry of External Affairs Riva pointed out that
ASEAN has been proactive in the region’s efforts to tackle cybersecurity challenges
and has undertaken various cyber confidence-building measures.
OpenGov Asia reported that she affirmed ASEAN’s emphasis on cybersecurity and
cyber connectivity following international laws that resonate deeply with India’s
approach towards cyberspace. The country has been working domestically to address
cybersecurity challenges by developing platforms to secure the country’s cyberspace
as well as by adopting comprehensive policies like the New National Cyber Security
Policy.
Cybercrime often has a transnational dimension and there is a crucial need for
international cooperation to exchange experiences and share best practices for the
protection of information infrastructures. Equitable access to cyberspace and its
benefits is another important area that India-ASEAN engagement on cyber issues
discussed. The government has stated that India is committed to bilateral and
international cooperation on cybersecurity and is dedicated to an open, secure, free,
accessible, and stable cyberspace environment. With technology initiatives such
as IndiaStack, Aadhar, and the United Payments Interface (UPI), the country has
successfully leveraged the tremendous potential of cyber technologies in
implementing Sustainable Development Goals (SDG) agenda and improving
governance.