# Cognisable vs Non-Cognisable Offences # Cyber Crime # Exclusion Clauses in Contracts

# Definition # Definition # Definition

1. Cognisable Offence: A cognisable offence is a serious
Cyber crime refers to any type of crime that involves a Exclusion clauses are provisions in a contract that limit
crime where a police officer can arrest the accused
computer, computer network, or the internet, often or exclude the liability of one or both parties for
without a warrant.
2. Non-Cognisable Offence: A non-cognisable offence with the intention of causing harm, stealing sensitive certain types of losses or damages.
is a less serious crime where a police officer cannot information, or disrupting digital operations. # Types of Exclusion Clauses
arrest the accused without a warrant. # Classification of Cyber Crime 1. Limitation of Liability: Limits the amount of damages
# Key Differences # Types of Cyber Crime that can be claimed.
1. Arrest Power: Police can arrest without a warrant in 1. Against Individuals: Cyber stalking, harassment, 2. Exclusion of Liability: Excludes liability for certain
cognisable offences, but not in non-cognisable
identity theft, and online scams. types of losses or damages.
offences.
2. Against Property: Hacking, malware, ransomware, # Essential Requirements
2. Seriousness: Cognisable offences are generally more
serious, such as murder or theft, while non-cognisable and intellectual property theft. 1. Clear and Unambiguous Language: The exclusion
offences are less serious, such as minor traffic 3. Against Society: Cyber terrorism, hate speech, and clause must be clearly worded and easy to understand
violations. online radicalization. 2. Incorporation into the Contract: The exclusion clause
3. Investigation: Cognisable offences typically require 4. Against Government: Cyber espionage, cyber must be incorporated into the contract, either by
more extensive investigation and evidence collection. signature or by reasonable notice.
sabotage, and attacks on critical infrastructure.
# Examples
# Classification Criteria 3. Reasonableness: The exclusion clause must be
1. Cognisable Offences: Murder, theft, robbery, assault.
2. Non-Cognisable Offences: Minor traffic violations, 1. Target: Individuals, organizations, or governments. reasonable and not contrary to public policy.
petty theft, disorderly conduct. 2. Method: Hacking, phishing, malware, or social # Importance
# Importance engineering. 1. Risk Management: Exclusion clauses help manage
1. Law Enforcement: Understanding the difference 3. Motivation: Financial gain, revenge, or notoriety. risk and allocate liability between parties.
between cognisable and non-cognisable offences helps 4. Impact: Financial loss, data breach, or disruption of 2. Contractual Certainty: Exclusion clauses provide
police officers exercise their powers correctly. clarity and certainty in contractual relationships.
services.
2. Justice System: The distinction ensures that serious
Understanding the classification of cyber crime helps 3. Protection of Interests: Exclusion clauses protect the
crimes are prioritized and investigated thoroughly.
The distinction between cognisable and non- law enforcement agencies, cybersecurity experts, and interests of parties by limiting their liability.
cognisable offences is crucial in law enforcement and policymakers develop effective strategies to prevent Exclusion clauses are an important aspect of contract
the justice system. and investigate cyber crimes. law, allowing parties to manage risk and allocate
liability in a clear and reasonable manner.
# Hackers
# Definition
# Jurisdiction and the Information Technology Act 2000 # Framing in Cyber Security
A hacker is an individual who uses their technical skills to
# Overview # Definition
gain unauthorized access to computer systems,
The Information Technology Act 2000 is a law passed by the Framing is a technique used in cyber security to manipulate
networks, or data, often with the intention of causing Indian Parliament to regulate and govern electronic network packets or data frames to deceive or mislead security
harm, stealing sensitive information, or disrupting digital commerce, digital signatures, and cyber crimes in India. systems or users.
operations. # Jurisdiction # Types of Framing Attacks
# Types of Hackers 1. Territorial Jurisdiction: The Act applies to all of India, 1. Packet Fragmentation: Breaking down packets into smaller
1. Black Hat Hackers: Malicious hackers who exploit including its territorial waters. fragments to evade detection.
vulnerabilities for personal gain or to cause harm. 2. Extraterrestrial Jurisdiction: The Act also applies to 2. Packet Modification: Modifying packet headers or contents
2. White Hat Hackers: Authorized security experts who offenses committed outside India, if the offense affects an to disguise malicious traffic.
test systems to identify vulnerabilities and improve Indian citizen or company. 3. Frame Injection: Injecting malicious frames into a network
# Key Provisions to disrupt or deceive devices.
security.
1. Digital Signatures: The Act recognizes digital signatures # Impact
3. Grey Hat Hackers: Hackers who operate in a middle
as a valid means of authentication. 1. Evading Security Measures: Framing attacks can evade
ground, often exploiting vulnerabilities but also reporting firewalls, intrusion detection systems, and other security
2. Cyber Crimes: The Act defines and penalizes various
them to the affected parties. measures.
cyber crimes, such as hacking, phishing, and identity theft.
4. Script Kiddies: Inexperienced hackers who use pre- 3. Electronic Governance: The Act facilitates electronic 2. Disrupting Network Operations: Framing attacks can disrupt
existing tools and techniques to launch attacks. governance by allowing for electronic filing of documents network operations, causing denial-of-service or other issues.
5. Red Team Hackers: Authorized hackers who simulate and records. # Prevention
real-world attacks to test an organization's defenses. # Importance 1. Deep Packet Inspection: Using deep packet inspection to
# Other Types 1. Regulation of Cyber Space: The Act provides a framework analyze packet contents.
for regulating the cyber space in India. 2. Network Segmentation: Segmenting networks to limit the
1. Hacktivists: Hackers who use their skills to promote
2. Protection of Citizens: The Act aims to protect Indian spread of malicious traffic.
social or political causes.
3. Intrusion Detection Systems: Implementing intrusion
2. State-Sponsored Hackers: Hackers employed or citizens from cyber crimes and ensure their online safety.
detection systems to detect and respond to framing attacks.
sponsored by governments to conduct cyber espionage 3. Promotion of E-commerce: The Act promotes e-
Framing is a technique used by attackers to manipulate
commerce and digital transactions in India.
or sabotage. network packets and evade security measures, highlighting
The Information Technology Act 2000 is a crucial law that
3. Organized Crime Hackers: Hackers involved in large- the need for robust security controls and monitoring.
governs the digital landscape in India, providing a
scale cyber crime operations, often for financial gain.
framework for jurisdiction, cyber crimes, and electronic
Understanding the different types of hackers is essential governance.
for developing effective cybersecurity strategies and
staying ahead of emerging threats.

# Cyber Crime
# Definition # Contract # Liability of ISPs for Copyright Violations
Cyber crime refers to any type of crime that involves a # Definition # Overview
computer, computer network, or the internet, often with the Internet Service Providers (ISPs) play a crucial role in the
A contract is a legally binding agreement between
intention of causing harm, stealing sensitive information, or dissemination of information online. However, this also raises
two or more parties that creates a obligation to
disrupting digital operations. concerns about copyright infringement.
# Types of Cyber Crime perform a specific task or provide a particular service.
# Liability
1. Hacking: Unauthorized access to computer systems or # Essential Elements of a Valid Contract
1. Direct Liability: ISPs can be held directly liable for copyright
networks. 1. Offer: One party makes a proposal to the other
infringement if they actively participate in or induce the
2. Phishing: Deceptive emails or messages to trick individuals party. infringement.
into revealing sensitive information. 2. Acceptance: The other party agrees to the terms of 2. Indirect Liability: ISPs can be held indirectly liable for copyright
3. Identity Theft: Stealing personal data to impersonate the proposal. infringement if they fail to take adequate measures to prevent or
individuals for financial gain.
3. Consideration: Both parties provide something of remove infringing content from their networks.
4. Cyberbullying: Harassing or threatening individuals online.
value to the agreement. # Safe Harbor Provisions
# Strategies to Track Cyber Crime
4. Capacity: All parties must have the legal capacity 1. Notice and Takedown: ISPs are required to remove infringing
1. Digital Forensics: Analyzing digital evidence to investigate
cyber crimes. to enter into the contract. content upon receiving a valid notice from the copyright holder.
2. Network Monitoring: Monitoring network traffic to detect 5. Intention: The parties must intend to create a 2. Caching and Hosting: ISPs are exempt from liability for caching and
suspicious activity. hosting copyrighted content, provided they meet certain conditions.
legally binding agreement.
3. Social Media Monitoring: Tracking online activity on social # Factors Considered
6. Legality: The contract must be for a lawful purpose
media platforms. 1. Knowledge of Infringement: ISPs' knowledge of infringement and
and not violate any laws.
4. Collaboration: Sharing information and coordinating efforts their response to it.
7. Certainty: The terms of the contract must be clear 2. Control over Infringing Content: ISPs' ability to control and remove
between law enforcement agencies and cybersecurity experts.
# Trends
and unambiguous. infringing content.
1. Increased Use of AI: Cyber criminals are using artificial # Importance 3. Financial Benefit: ISPs' financial benefit from the infringement.
intelligence to create more sophisticated attacks. 1. Clarity: A valid contract ensures that all parties
2. Rise of Ransomware: Ransomware attacks are becoming understand their obligations. # Importance
more frequent and targeted. 2. Enforceability: A valid contract can be enforced in a 1. Protection of Copyright: ISPs' liability for copyright infringement
3. Growing Concern of IoT Security: The increasing use of IoT court of law. helps protect the rights of copyright holders.
devices has created new vulnerabilities. 2. Balance between Rights: ISPs' liability must be balanced with the
3. Protection: A valid contract protects the interests
4. Expansion of Cyber Crime-as-a-Service: Cyber crime services need to protect freedom of expression and access to information
of all parties involved.
are being offered on the dark web, making it easier for online.
individuals to engage in cyber crime. A valid contract requires all seven essential elements
ISPs' liability for copyright infringement is a complex issue, and the
Tracking cyber crime requires a combination of technical to be present, ensuring that the agreement is legally
law seeks to balance the rights of copyright holders with the need to
expertise, collaboration, and staying up-to-date with emerging binding and enforceable.
promote innovation and access to information online.
trends and threats.