International Referred Research Journal, October,2010. ISSN- 0974-2832VoL.

II *ISSUE-21

Research PaperComputer Sc.

CYBER LAW
* Dr. D.B. Tiwari ** Maneesh Taneja
October, 2010

* Principal Sai College Sector- 6, Bhilai Distt- Durg ** Asst Prof. in Computer Science Sai College Sector- 6, Bhilai Distt- Durg
A B S T R A C T
Nowadays the use of computer electornic device and other things are increased for protection of these things becomes necessary for that we must know about Cyber law Cyber Crime. Now a day we can access the data and information from all over the world using of internet. After the development of internet computer is a one of the major tool for the cyber. Now days most of finacial and non& financial activities are done with computer and computer related services such as Internet. The use of e- Governance the confidential document of goverment departments and organization is process and stored which can be hacked using computer.

Introduction Human success in any field leasds to crime that needs mechanisms to control it. Now a day crime comes in different ways and styles to our life in these ways one way of crime is use of internet for stop that type of crime we make some lawas related to internet which are called as Cyber laws. Freedom of speech is the freedom to speak without censorship and/ or limitation . Jurisdiction is the practica authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and. by implacation to administer justice within a defined area of responsibility. In our research we are defining Cyber Law and Birth of Cyber erime using of out first reference. different types of crime comes in our life using of second and third references. Technical aspects of Cyber Crime and Advantages of Cyber Law for these Points we use different references. What is Cyber Law? Cyber Law is the law governing computers and the lnternet In todays highly digitalized world. almost everyone is affected by cyber law. Let us take a few examples :Almost all transaction in Shares are in demat form.Almost all Companies extensively depend upon their computer networks and keep their valuable data in electornic form. Government forms including income tax returns, law forms etc are now filled in eledtronic form.Consumers are increasingly using credit cards for shopping .Most people are using email cell phones and SMS messages for communication. Even in non - cyber crime cases important evidence is found in computers/ cell phones e.g. in cases of divorce. murder. kidnapping tax evasion. organized crime. terrorist operations. counterfeit currency etc.

Cyber crime cases such as online banking frauds, online shrare 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.Digital signatures and e- contracts are fast replacing conventional methods of transacting business. HERE THE ONE OFTHE CASE STUDY 3 An underworld don is hospitalized for a minor surgery. His rival goons hire a computer expert to hack into the hospitals computers systems and alter the medicines prescribed for the don. The nurse innocently gives the don a high dose of the medicine. to which the patient is severely allergic. resulting in his death. Sounds unbelievable ? Well. its true. This was the first ever cyber murder reported in the US five years ago! A cyber crime is a crime wherein the computer is either the tool of the target or both.In India, the Information TechnologyAct 2000 Which came into effect in October 2000. provides stringent penalties for cyber criminals. from fines of Rs 1 crore to imprisonment upto 10 years. Contrary to common belief cyber crimes are very common in India, the most common complaints relating to emails containing threatening or defamatory messages.In a recent case a grooms family received numerous emails containing defamatory information about the prospective bride. Fortunately, they did not beleve the emails and chose to take the matter to the police. The sender of the emails turned out to be the girls step- father. who did not want the girl to get married as he would have lost control over her property. of which he was the legal guardian.Tracing emails is not very difficult. Every email leaves behind a trace leading back to its point of origin in the form of an email header. The SHODH SAM IKS HA AUR M ULYANKAN 63

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detailed email headers show the Internet Protpcol (1P) address of the computer of the originator of the email. An IP address is a number (e.g 120.112.111.23) that can enable the police. with the help of the relevant Internet Service Provider.to reach te originators (the person who sent the email) doorstep.A disturbing trend that is emerging now a days is the use of technology by terrorists to encrypt their communications. Osama Bin Laden is believed to use Steganography to hide secret messages within pictures. E.g. a picture of Aishwarya Rai hosted on a website could contain a hidden message to blow up a building! Surprisingly this hidden message does not alter the look or size of the original picture in any manner.The best way to prevent your becoming the victims of such crimes is to keep a VIGIL on your computer or network. This can be achieved by the combination of electronic security measures (like firewalls. proxies.) anti- virus solutions) and information security measures (like cryptography and digital signatures). Birth of the cyber crime manual How. did the cyber manual come about ? We have been training police officers in Mumbai, Pune and Karnataka everyone felt that it would help if we had a manual. That was how the book was born. The manual has been published by T.S. Murali Mohan of Paali Software Technologies. Bangalore and it is not for public sale but given to law enforcement community. And now. it has become a sort of a bible for cyber crime detectives. we can categorize a Target :- using a computer to attack other computers 2 e.g. Hacking.Virus/ worm attacks. DOS attack etc. The computer as a weapon :- using a computer to commit real world crimes. e.g. Cyber Terrorisum.IPR violatons. Credit card frauds. EFT frauds. Pornography etc. Cyber Crime regulated by Cyber Laws or Internet Laws. Technical Aspects Technological advancements have created new possibilites for criminal activity, in particular the criminal misuse of information technologies such as a. Unauthorized access & Hacking :Acces means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system network.Every act committed towards breaking into a computer and /or network is hacking. Hackers write or use ready made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains. such as to stealing the credit card information. transferring money from various bank accounts to their own account followed by withdrawal or money. By hacking web server taking control on another persons website called as web hijacking b. Trojan Attack :The program that act like something useful but do the things that are quiet damping. The programs of this king are called as Trajans. The name Trojan Horse is popular. Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly )runs the server on its machine, the attacker will then use the Client to connect to the Server and start using the trojan.TCP/IP protocol is the usual protocol type used for communications. but some functions of the trojans use the UDP protocol as well. e. Virus and Worm attack :A program that has capability to infect other programs and make copies of itself and spread into other programs is called virus.Programs that multiply like viruses but spread from computer to computer are called as worms. d. E- mail & IRC related crimes 4 1. Email spoofing Email spoofing refers to email that appears to have been originated from one sourece when it was actually sent from another source. Please Read 2. Email Spamming Email spamming refers to sending email to thousands and thousands of users - similar to a chain letter.3. Sending malicious codes through email E- mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which on visiting downloads malicious code. e. Denial of Service attacks :Flooding a computer resource with more requests than it can handle. This cases the resource to crash tgereby denying access of service to authorized users. Confidentiality It means non disclosure of information to unauthorized or unwanted persons. In addition to Personal information some other type of information which useful for business and leakage of such information to othe persons may cause damage to business or person. such information should be protected.Generally for protecting secrecy of such information parties while sharing information forms an agreement about he procedure of handling of information and to not to disclose such information to third parties or use it in such a way that it will be disclosed to third parties. Many times party or their employees leak such valuable information for monitorygains and causes breach of contract of confidentiality. Special techniques such as Social Engineering are commonly used to obtain confidential information OFFICALWEBSITE OFMAHARASTRA GOVERNMENTHACKED MUMBAL. 20 September 2007 IT experts were trying yesterday to restore the official website of the government of Maharashtra. Which was hacked in the early

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International Referred Research Journal, October,2010. ISSN- 0974-2832VoL.II *ISSUE-21

house of Tuesday. Rakesh Maria, joint commissioner of police, said that the states IT officials lodged a formal complaint with the Cyber Crime Branch police on Tuesday. He added that the hackers would be tracked down. Yesterday the website. http// www.maharashtragovern ment. in. remained blocked. Deputy Chief Minister and Home Minister R.R Patil confirmed that the Maharashtra government would seek the help of IT and the Cyber Cirme Branch to inverstigate the hacking.We have taken a serious view of this hacking and if need be the goverment would even go further and seek the help of private IT experts. Discussions are in progress between the officials of the IT Department and experts. Patil added. The state goverment website contains detailed information about goverment departments. circulars. reports. and several other topics. IT experts working on restoring the website told Arab News that they fear that the hackers may have destroyed all of the websites contents. According to sources. the hackers may be from Washington. IT experts said that the hackers had identified themselves as Hackers cool AI Jazeera and claimed they were based in Saudi Arabia. They added that this might be a red herring to throw investigators off their trail. According to a senior official from the state goverments IT department. the official website has been affected by viruses on several occasions in the past, but was naver hacked. The official added that the website had no firewall. Advantages of Cyber Laws The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse.The Act offers the much needed legal framework so that information is not denied legal effect. validity or engorceability, Solely on the ground that it is in the form of electronic records.In view of the growth in transactions and communications carried out through electronic records. the Act seeks to empower goverment departments to accept filing. creating and retention of official documents in the digital format. The Act had also proposed a legal framework for the authentication and origin of electronic records/ communications through digital signature. * From the perspective of e- commerce in India, the IT Act 2000 and its provisions contain many positive aspects . Firstly, the implications of these provisions for te e- businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law.* Companies shall now be able to carry out electtonic commerce using the legal infrastructure provided by the Act.* The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issunig Digital Signatures Certificates.* The Act now allows Government to issue notification on the web thus heralding with any office. authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may be prescribed by the appropriate Government. * The IT Act also addresses the important issues of security to the concept of secure digital signatusres that would be required to have been passed throught a system of a security procedure, as stipulated by the Government at a later date. * Under the IT Act. 2000,it shall now be possible for corporates to have a statutory remedy in case if anyone breaks into their computer systems or network and causes damages or copies data. The remedy provided by the Act is in the form of monetary damages. not exceeding Rs. 1 crore. Conclsions The conclusion may, therefore, be drawn that computer- related crime is a real, expanding phenomenon. Furthermore, a steady increase in number of such crimes in this area is expected which demands for greater attention of lawmakers. The law of the Internet has already emerged, and we believe can continue to emerge with individual users voting to join the particular systems they find most congenial. However, this model also does not solve all problems. and various governace issues cannot be resolved overnight. We will need to redefine Cyber Legal processes in this new dynamic context.Finally, the Cyber Law defined as a thoughtful group conversation about core values and distinct benefits to the Society will persitst. But it will not, and should not be the same law as that applicable to physical, geographically defined territories.

R E F E R E N C E
1. Cyber law : The Law of Internet by J. Rosenoer 2. Cyber Law : The Indian Perspective By pawan Duggal 3. Cyber Law & Its implication By J. Sruis 4. Cyber Law : Legal Principles of Emerging Technologies By Jeffrey A Helewitz 5. www. asianlawas .org 6. www. cyberlaws india. net7. www. madaan. com/ cyberlaw. html 8. www. cybersmart .in

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