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Cyber Crime

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9 views4 pages

Cyber Crime

Uploaded by

hariharanbackup2604
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Information Technology Act, 2000 and Its Amendments:

Cybersecurity and Cyber Forensics

Introduction

The Information Technology Act, 2000 (ITA 2000) was enacted to


provide legal recognition to electronic commerce, digital signatures, and
cyber activities. With the rise in cybercrimes, amendments such as the IT
(Amendment) Act, 2008, introduced stronger measures to tackle threats
related to cybersecurity and cyber forensics.

Key Provisions Related to Cybersecurity

1. Section 43:
Penalizes unauthorized access to computer systems, including
hacking, introducing malware, or damaging data.

2. Section 66:
Criminalizes hacking activities, with penalties including
imprisonment of up to 3 years and fines of ₹5 lakhs.

3. Section 66C and 66D:


Address identity theft and cheating through impersonation using
electronic means. Penalties include imprisonment and fines.

4. Section 69:
Empowers government agencies to intercept, monitor, or decrypt
any information in the interest of national security.

5. Section 79:
Provides a safe harbor to intermediaries but mandates cooperation
with law enforcement to tackle cybercrimes.

6. Amendments of 2008:
Introduced provisions for data protection, phishing, and incident
response, leading to the creation of CERT-In as a central body for
cybersecurity.
Key Provisions Related to Cyber Forensics

1. Section 67C:
Requires intermediaries to preserve and retain information for
prescribed periods to aid forensic investigations.

2. Section 72:
Penalizes unauthorized sharing of sensitive data acquired during
forensic or professional duties.

3. Section 69A:
Allows the government to block public access to information for
cybersecurity concerns.

Sensational Cybercrime Cases in India

1. Pune Citibank Mphasis Call Center Fraud (2005)

 Summary:
Employees of a BPO misused Citibank customer data to siphon off
₹1.5 crores from accounts.

 Impact:
Highlighted the vulnerability of outsourced call center operations
and the need for stronger cybersecurity laws.

 Relevance to ITA:
Invoked provisions under Section 66 and Section 72.

2. Sony Sambandh Case (2004)

 Summary:
A customer sued Sony India Pvt. Ltd. for failing to deliver a
PlayStation ordered online. The case dealt with contractual
obligations in the digital domain.

 Impact:
Set a precedent for addressing e-commerce disputes under ITA.

 Relevance to ITA:
Related to Section 43 and Section 66 for negligence and data
breaches.

3. ATM System Hacking in Kolkata (2013)

 Summary:
A group of cybercriminals hacked ATM systems to steal customer
credentials, leading to financial losses for banks.
 Impact:
Raised awareness about vulnerabilities in financial institutions.

 Relevance to ITA:
Addressed under Sections 43 and 66C (identity theft).

4. Ransomware Attack on Oil India Limited (2022)

 Summary:
A ransomware attack on Oil India Limited in Assam resulted in the
encryption of critical systems and a $7.5 million ransom demand.

 Impact:
Highlighted the need for robust incident response mechanisms.

 Relevance to ITA:
Sections 66, 69, and CERT-In guidelines were involved in the
response.

5. MobiKwik Data Breach (2021)

 Summary:
Personal data of over 100 million MobiKwik users, including Aadhaar
and payment details, was allegedly leaked and sold online.

 Impact:
Raised concerns about data protection and compliance with ITA.

 Relevance to ITA:
Addressed under Sections 43, 66, and 72 (privacy breach).

6. The Emotet Malware Attack (2020)

 Summary:
Several Indian organizations faced malware attacks targeting
sensitive data through phishing campaigns.

 Impact:
Highlighted global cyber threats and India's vulnerability.

 Relevance to ITA:
Involved Section 66C and CERT-In for containment and forensics.
Historical Context

 Before ITA 2000:


Cybercrime cases were addressed under general laws like the Indian
Penal Code (IPC), which lacked the specificity to handle technology-
related offenses.

 After ITA 2000:


The Act introduced a framework for tackling hacking, phishing,
identity theft, and digital fraud. Subsequent amendments added
provisions for data protection, intermediary liability, and forensic
investigation.

 Key Milestones:

o 2008 Amendment: Strengthened cybersecurity and


established CERT-In.

o 2015 Shreya Singhal Case: Led to the repeal of Section


66A, which was deemed unconstitutional.

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