SUBMITTED BY:

Divyanshi Singh Choudhary

WHO AM I PRN: 050, DIVISION: A

SUBMITTED TO:
Priti P, Faculty In-Charge, Information
Technology Law, Semester VIII
STORYLINE OF THE MOVIE:
•To begin with, a Hacker’s life is not solely limited to his profession. A Hacker is not someone whose
life revolves only around the idea of hacking per se, this has been precisely explained in the German
techno-thriller movie namely, Who Am I. The instant film was quite appreciated by the audience for the
suspense it created till the end.
•The protagonist of the film named Benjamin, goes by the name ben in the movie, grew up as a quite
kid. He had certain issues as his dad left them when he was young and his mother committed suicide
after she was diagnosed with, ‘Multiple Personality Disorder.’ Thus, he was raised by his grandmother,
who was also eventually found to have Alzheimer’s and has to be hospitalized for the same.
•He grows up to be an ardent hacker and is great with computers, although he is a pizza delivery guy for
his main part of the job. The trauma he got from his parents majorly affected his life and it is later
shown in the film how it played a role in him becoming a hacker.
•His first attempt in hacking happens when he steals a question paper for a girl he liked from his school
days to help her out with the exams, hence he breaks into the system and hacks it. As shown, he gets
caught and is given 50 hours of community service to pay for his act, where he meets his partners in-
crime, Max, Stephan and Paul, who also happen to be hackers. All of them get close as they share a
common hacking background.
CONTINUATION:
• Ben, in order to prove his talent, hacks into the servers of the electricity board, and cuts the
power supply for his friends to crash a party. Later on, these four start calling themselves
by the name of, ‘CLAY’, and get famous by hacking into small events and parties. They
operate themselves from Ben’s place, as he is the only one living alone.
•These group of four men, going by the name, “Clowns Laughing at you (CLAY)”, want the
attention of the supreme hackers on the dark web, MRX, but the latter keeps dissing their
talents and pisses them off. FR13NDS, is another such group, that has connections with the
Russian hackers.
•Hanne, the lead cybercrime investigator of Europol, is after FR13NDS, as they hacked the
European Central Bank and the servers of the German Army, but she has been not able to
catch hold of them and risks her position in the agency. Ben and his friends feel the need to
gain attention and respect amongst the fellow hackers and hack the system at the Federal
Intelligence Service. This becomes a major news as Ben found some state secrets that he
made copies of.
CONTINUATION:

•Ben and his teammate Max, fight over a girl named marie, and as a result Ben sells this important
document to their rival, MRX to take revenge from Max. This data contains the names of the,
‘Double-agent hackers’ who work with cops to catch such hackers.
•Krypton, who is a member of FR13NDS, happens to be one such agent. The group finds out and
get him murdered by the Russian dark web later on, but till the end of the film Ben has been
accused of the murder, as he is the one who stole those state secrets in the first place. Ben in an
attempt to take revenge of this charge, tries to frame MRX, but he is unable to as he is caught by
the webcam. This seems a bit unreal, as no hacker would be this naive to not cover his camera on
the system he is hacking into.
•CLAY’s aim is that since Ben is exposed, they try to clear his identity from all the records by
getting him into the, ‘Witness Protection Program.’ Ben finds out that people with mental illness
can be a part of this program and later on comes up with a great plan.
CONTINUATION:
•Hanne, the investigator, is suspended as she failed to catch these hackers, and CLAY
uses this as an advantage, to help Hanne with finding out MRK and FR13NDS, and
in return asking for the enrolment of Ben into the programme where he can erase his
past activities and start a fresh.
•As anticipated, Hanne falls into the trap and get Ben enrolled in the programme for a
short time on the False pretext of him having Multiple Personality Disorder from his
mother. She asserted that since he is an MPD patient he only imagined other people
all this while, in reality only he was the one who committed these cyber-crimes. Ben
successfully deletes all his wrongdoings from the system, and is later released by
Hanne, on the promise that he will quit Hacking. She did not imprison him, as he
helped her get FR13NDS and MRX, the biggest hackers of all times.
THE OFFENCE IN THE MOVIE IN
RELATION TO THE INDIAN LAWS:
Ben has been shown committing Hacking several number of times, and it falls within the
purview of the Indian legislations in regards to hacking. The civil and criminal crimes of
information theft and hacking are covered by sections 43 and 66 of the IT Act, correspondingly.
A simple civil crime would be charged under section 43 if an individual enters a computer
without that person's authorization and takes any data or destroys the information housed
inside. The cracker will be responsible for compensating those who have been harmed. The
highest indemnity threshold was set at Rs. one crore by the ITA 2000. This limitation,
nevertheless, was repealed in the 2008 amendment.
Obtaining unauthorized computer resources or data is punishable under Section 66B. A year in
jail or a penalty of Rs. 1 lakh, or even both, are possible penalties. Section 66A requires the
presence of mens rea. The prevalence of criminal purpose and the wicked mentality, i.e. idea of
mens rea, damage, removal, modification, or lowering in worth or usefulness of information are
all essential factors to establish any conduct under this Section.
THE OFFENCE IN THE MOVIE IN
RELATION TO THE INDIAN LAWS:
In the matter of R vs. Whiteley, it was stated that the section's goal is to defend the
authenticity and confidentiality of computer systems from intrusions by
unauthorized people attempting to penetrate these systems, whatsoever their
objective or purpose could be.
State of Karnataka vs. M/S Seans Media Private Limited In an essence, the accused
engaged in unauthorized incursion, hacked the plaintiff's computer, and therefore
constituted Cyber Crime as defined by the Law. It is the responsibility of the police
to analyze the matter and determine whether there is a prima facie matter to continue
against the suspect. As in the film, Hanne, the cybercrime investigator, was
responsible to catch FR13NDS and MRX for hacking. She had clear-cut evidence
against them unlike this case at hand.
ISSUES IN ACCORDANCE WITH
THE IT ACT, 2000:
1. Which sections in India regulate Hacking? What is the punishment for such
crimes?
2. What are the essential requirements that these sections demand in-order to make a
case of hacking?
3. Has the technological insurrection had an impact on such crimes? Have the
course of these crimes changed with time or has the ambit been unchanged?
4. What are the drawbacks in implementation of such laws?
LOOPHOLES/ GREY AREAS IN
THE LAW:
The case's jurisdiction in cyber laws is primarily debatable. Cybercrime does not take
place in a single location. It is devoid of geography and borders. As a result, determining
the jurisdiction in which the action must be brought becomes extremely complicated. If a
person operates from numerous locations and his information is taken in one area when
he is residing in another, there might be a disagreement on where to submit a lawsuit.
As the law governing cybercrime evolves, so do the new kinds and expressions of
cybercrime. The list of crimes outlined under the IT Act of 2000 is far from
comprehensive. Nonetheless, the pertinent sections of the IT Act, 2000 are written in such
a way that they seem to be the only cyber offences that are conceivable and present. The
Information Technology Act of 2000 does not cover a wide range of cybercrime and
Internet-related offences, which is a major loophole.
LOOPHOLES/ GREY AREAS IN
THE LAW:
The execution of the Indian Cyber legislations is the greatest significant limitation. The IT Act
of 2000 does not include any guidelines for execution. Furthermore, given India's poor internet
availability and the fact that most governmental and police employees are not technology
knowledgeable, the newest Indian cyber law generates more concerns than it solves. To
eliminate such drawbacks as stated before, it appears that Parliament will need to alter the IT
Act of 2000.
Information technology can be abused to steal vital classified documents and information from
private citizens as well as the state and its institutions. A government-owned computer system
may include significant defence and other leading material that the administration does not
want to reveal elsewhere. They can use the very same support their actions, involving property
damage. It is important to emphasise that the term "property" does not refer just to movables or
immovables. The Supreme Court concluded in R.K. Dalmia v Delhi Administration that there
is no compelling justification to limit the definition of the term "property" to solely moveable
property when it is employed without limitation.
ANALYSIS OF THE MOVIE:
The term "hacking" was coined in 1960 by a bunch of MIT students who wanted to change the
operating architecture of a train setup. As a result, hackers were individuals who were intrigued
in altering or customizing a code or discovering how it worked. Later, in the 1970s, a fresh breed
of cellphone hackers, sometimes referred as phreakers, emerged. As a result, computer fanatics
began to enter cyberspace to conduct offenses.
Although in the movie at-hand, Ben was not penalized for his actions as he helped the
investigator, Ms. Hannes, to catch MRX and FR13NDS, but the Indian government punishes the
violators for such acts. As per Section 66 of the Information and Technology Act, the penalty is
either sentence for up to three years or a payment of up to two lakh rupees, or even both.
Pursuant to Section 43, culpability entails paying compensation to the individual who has been
harmed as a result of the information theft. Acquiring unauthorized computer systems or
documents is punishable under Section 66B. A year in prison or a fine of Rs. 1 lakh, or perhaps
both, are possible penalties. The highest penalty for theft in Section 378 of the IPC is 3
years imprisonment or a penalty, or sometimes both.
ANALYSIS OF THE MOVIE:
Hacking differs from regular offenses in a number of ways, such as when it relates to determining the
place of the incident and notifying delay. An individual who is a skilled technology nerd has been
charged with hacking.
Furthermore, police officers are unskilled in these types of offenses, and the inquiry necessitates experts
in the area. Following is an explanation of how hacking has both the mens rea and actus reas elements,
that are required for every wrongdoing:
a. THE ELEMENT OF MENS REA: Section 1 of the UK Act and Section 66 of the Information
Technology Act both contain the component of mens rea. The preceding two factors make up the
mens rea of the Section 1 crime:
Any programme or information stored on a computer should be secured with the intention of
preventing unauthorised entry.
The individual has to be aware that he is committing actus reus at the moment since the entry he is
attempting to acquire is inappropriate.
The intention does not have to be aimed at any specific programme, information, or machine, as per
Section 1(2) of the Law.
ANALYSIS OF THE MOVIE:
It is critical to emphasise the term unauthorised from the above 2 elements. It's also crucial to
recognise that the hacker's frame of mindset and awareness of the unauthorised entry are both
indicators of mens rea. It is simpler to show hacking when the intrusion is undertaken by a
stranger, but it is difficult to determine if it is performed by someone who has been granted
authority to the computer network and has violated the limitations.
b. THE ELEMENT OF ACTUS REUS: Actus Reus plainly denotes operating in accordance
with mens rea. When it pertains to hacking, determining the actus reus might be difficult since the
deed occurs in an environment that is not existent. There will only be an opportunity to choose
evidence if the attackers make a blunder during the procedure. And the actus reus must be proven
with proof, which is particularly readily obtainable in the manner of permissible evidence. Any
moment a person makes a computer function is regarded an actus reus, any of the aforementioned
is regarded an actus reus: Attempting to perform a task with the aid of a computer.
Seeking to acquire information saved on a computer or accessing the computer externally.
When a person uses a computer to get entry, indications flow via several computers that are
programmed to execute a certain task when the person's instruction is passed through them. Each
of these functions is classified as "actus reus."
 In the instant movie both ‘mens rea’ and

ESTABLISHING THE ’actus reus’ have been established. The

hackers were well-aware of the fact that they

ELEMENTS
were committing a crime when he hacked the
systems. Both knowledge and intention was
there, in each and every hacking incident that
took place.
ANALYSIS OF THE MOVIE:
Both the sections namely 43 and 66 were satisfied in the current film. Benjamin, the
main character of the film, committed the crime of hacking along with his teammates
ample number of times. When they secured the state secrets from the servers of the
Central Intelligence Service, in order to impress their opponents on the dark web,
they were aware that not only is this illegal but also against their own government.
Benjamin even made copies of such imperative documents and destroyed the
originality and authenticity of these records in-question.
While watching the film, I was constantly trying to compare it with our Indian
regulations to see how far behind is India in terms of cases of cybercrimes.
Personally, I was not satisfied with the ending, as Hanne was gullible enough to get
fooled by Ben, and she just let go off a criminal just like that.
SUGGESTIONS/
RECOMMENDATIONS:
1. In India, there is a necessity to raise knowledge about cyber security, that may be accomplished
through educating those who operate in that field, primarily on how to safeguard their systems from
hackers. Approximately 27500 police officers have been taught on cybercrime targeting women and
children by the Ministry of Home Affairs. However, the analysis of cybercrime requires a broad focus,
which must encompass teaching police officers to comprehend cybercrime and providing some
fundamental information that will aid them in their inquiry.
2. Because India is not a member to the Cybercrime Agreement, it must seek corresponding accords with
other nations to avoid jurisdictional conflicts. It is past time for India to assume the lead in
understanding the requirement of recognising the lethal wickedness known as hacking. When it
pertains to acquiring cybercrime proof, India is presently in negotiations with 15 nations over bilateral
treaties. As a result, international assistance is required to remove this scourge.
3. It is necessary to undertake steps to encourage victims to register crimes. Because just a handful
individuals submit such occurrences to the attention of the authorities, the regulations are not as
stringent, and hackers are unconcerned about being discovered. As a result, there is an urge for
obligatory disclosure of hacking incidents, which would encourage many victims to step forth and
disclose hacking incidents, reducing the risk of unwanted exposure. It is required to create a gateway
for registering instances, as well as a framework for reporting occurrences digitally and reviewing them
in a timely manner.
SUGGESTIONS/
RECOMMENDATIONS:
4. The necessity to educate the general public on the rules and Section 66 of the IT Act associated with
hacking is critical, as is the requirement to help them comprehend the hacking procedure and how to protect
their computer systems. In addition, the protocol for reporting cybercrime must be rendered as simple as
possible.
5. Kids are particularly vulnerable to cybercrime such as hacking, hence knowledge should be spread at all
ages. The strongest examples are the Blue Whale Challenge and the Momo Challenge, both of which
resulted in the deaths of many naive victims who were pursued and intimidated by hackers who hacked into
their mobile phones or computers. As a result, cyber security training is critical, as subsequent eras will
confront difficulties that are more complex than those that exist nowadays.
6. Because conflicts seldom begin and conclude in one jurisdiction, a worldwide platform, which would be
an impartial institution, is required to resolve cybercrime problems. When it concerns to cybercrime such as
hacking, India needs appropriate legal precedent or law that explicitly states how jurisdiction is determined.
7. Little can be accomplished since it is an extraditable offence without the collaboration of other nations,
and the other governments don't actually agree to assist as hacking into their opponent's networks benefits
them in some manner. As a result, a robust specialised workforce are needed to safeguard government
websites.
MORE SUGGESTIONS:
Besides regulations and legal procedures, there are things that can be taken to protect
ourselves from becoming a target of hacking.
People must maintain their systems and applications up to speed on a regular basis because
obsolete equipment is more susceptible to intrusion.
To safeguard against virus, spyware, and other threats, one should keep their protection
software up to date. Before disposing equipment, all data on it must be wiped and
obliterated. On PCs, laptops, and cell phones, open Wi-Fi should never be used. Wi-Fi must
be password-protected and secured. Passwords, fingerprint, and other forms of security must
be used to protect one's devices. Because mobile devices are data vaults, their expiration
settings must be kept to a minimum.
The two-step verification and authentication method, in addition to credentials, makes it
tough for hackers to gain access. If it is not from the individual or organization professing to
have provided it, one should not click over the hyperlinks or URLs. It is optimal that if we
have a bad feeling, we should conduct a rapid Google check.
CONCLUSORY REMARKS:
The Information Technology Act is nature's single saviour in the fight against cybercrime.
Although crimes using computers as either a weapon or a target are covered by the Indian
Penal Code and other national laws, this Legislation is unique in that it addresses the issue
of cybercrime.
The Amendment Act of 2008 sharpened the Act, but it is nevertheless in its early stages.
Cybercrime is perpetrated on a regular basis, yet it is rarely publicised. As a result,
cybercrime instances that make it to a court of law are limited. The collection and storage
of electronic evidence presents practical challenges.
"It's not that we utilise technology; it's that we embody technology," as the saying goes.
This age is regarded as the technological period, and no element of life is unaffected by
technical advancements and the level of luxury with which we live. However, just as every
coin has two faces, these advances offer both advantages and disadvantages. Cybercrime is
on the rise, and cyber-attacks are becoming more sophisticated as technology advances.
CONCLUSORY REMARKS:
Hence, to sum up all the contentions raised, the urgency of the moment is for India's
legislative authority to keep up with the changes in the environment and draught
regulations that are functional and beneficial in reducing the occurrence of
cybercrime in the country. Statutes  from the United States and other nations, can be
used by the Indian government to draught a severe and effective legislation.
Furthermore, it will be the executive body's job and obligation to put the rules into
effect. As a result, the Law has a long way to go before it can help victims of
cybercrime.