CYBER CRIME
The term “crime” has different classification in different parts of the world an act which is a crime in one state may not be the same in another state. Crime in any form affects each and every individual of the society. During the last quarter of the twentieth-century, advancement in computer science and information technology, species of crime like cybercrime is resulting as a new crime. We are in the digital world and the computer & internet have given us ascent to digital crime and other unlawful activities related to the internet and computer systems.The advent of information technology in the last decade in particular gives a new dimension to cyber criminality. A new type of computer-mediated misdeeds has led to extraordinary development. Crime shifted on Cyberspace has become a global phenomenon and a big challenge for law enforcement agencies. These new crimes are the results of changes in social behaviour. Therefore, the concept of crime is always proportionate to the social condition of a particular society. In other words, "every new crime spreads after a change in social structure and they need to be controlled through substantial changes in the respective laws of the state." Actually, every society has its own norms, beliefs, customs and traditions which are implemented and accepted by its members. Violations of these norms and beliefs are treated as antisocial behavior, and these antisocial behaviors are called crimes. The term “crime” has different classification in different parts of the world an act which is a crime in one state may not be the same in another state. We can say that what wrongdoing is in one state may not be sure so in other states or countries. For example, in Gulf Countries, adultery is a crime, but in England, it is considered no crime. Basically, a crime is a social wrong that is a threat to society. Any act is a crime when it is recognized as a wrongful act by the law of a state. For e.g. Murder as a crime is committed against a particular person but it affects the very existence of humanity therefore the offender gets punishment from the state. In recent decades, the nature of crime and the rate gradually changed and considerably increased. Crime in any form affects each and every individual of the society. During the last quarter of the twentieth-century advancement in computer science and information technology, species of crime like cybercrime is resulting as a new crime. We are in the digital world and the computer & internet have given us ascent to digital crime and other unlawful activities related to the internet and computer systems. Today, all types of traditional crimes are transferred to cyberspace and operated through electronic means such as the Internet, mobile, computers, and computer networks. Today all serious traditional crime has turned into cyber crime. Now a day, Criminals use the new technology for the commission of even conventional crime and this is not new phenomena. Advancement in technology always providesperpetrators new way of crime as tools. Therefore, perpetrators are doing a traditional and all-new form of crime through cyberspace with computers and internet. Multiple use of internet and computer systems has a great advantage for all computer users, be it academicians, professionals and also for wrongdoers. The harm to property, burglary and illegal access & possession, the proliferation of porn contents are on the whole recognizable wrongdoings. However, the rise of the web-based communication has given them a unique dimension. In this manner, an innovative advancement in cyberspace has likewise changed the action of activity for hoodlums.1 The advent of information technology in the last decade in particular gives a new dimension to cyber criminality. A new type of computer-mediated misdeeds has led to extraordinary development. Crime shifted on Cyberspace has become a global phenomenon and a big challenge for law enforcement agencies. Due to the virtual nature of these crimes, they can be anonymously committed. Even, cybercriminals are always fearless because they can use technology-based tricks to impose menace without the risk of being arrest. The areas affected by cybercrimes are nation as a whole, individuals and other institutions like-banking sector, power sector & industries, etc. Cybercriminals are generally smarter, educated than traditional criminals. They commit crimes indirectly and anonymously in the digital world. Unlike cybercriminals, the traditional criminals commit crimes involving physical activities such as stalking, theft or murder. It can be easily identified and detected. The financial loss in cybercrime is higher as compared to conventional crime. For example, in theft, few amounts may be lost. But in cyber theft, there can be up to billions, within no time, without any violence visible.
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CYBER CRIME "A LOOK INTO THE PAST"
Today cybercrime is a new form of crime which has its genesis in conventional or physical crime but the only method of committing an offence is done by bits of data, which is 0 and 1 only. The first incident of cyber crime was reported in the year 1820. The crime was machine sabotage as opposed to new technology. Cybercrime is happening long before the advent of the Internet, Information and Communication Technology. In the year 1878, a few times after the invention of the telephone, it was hacked by some people and in 1955 a person hacked it to understand the working of the telephone. Both the incidents are establishing that cybercrime has gradually increased with development in human civilization. Such incidents suggest that in early times these crimes were committed only to show their ability and to harass others. After cyber embezzlement in 1973, economic crime began in the digital world largely by cyber. Many new forms of cyber crime emerged in the eighties, which left the world horrified. These days, cyber crime started coming in a new form such as Computer worms, Trojan horses, password “sniffer” and fake identities and denial of service attacks. Although the whole world was trying to tackle cyber crime, it was the first time the US enacted cyber law. Since the year 2000 onwards, the pattern of crime has almost changed. Most cyber crimes started happening for financial gain. Cyber crime also started increasing rapidly in India. The Information Technology Act 2000 was enacted in India in the year 2000 to give statutory status to electronic commerce and deal with cyber crime. In the year 2001, terrorists attacked the Indian Parliament with the help of information technology. This is the first time India has faced cyber terrorism. The year 2004 marks a milestone in Indian cyber crime history because this year the first time anybody has been convicted in cyber crime. State of Tamil Nadu v Suhas Katti. The world's first digital weapon was found at the Iran nuclear power plant in the year 2010. This weapon is discovered in the form of malicious computer code, called the Stuxnet worm. Now, every day new forms of cyber crime emerge and financial gain is the main motive behind such crimes. When we read the history of cyber crime, we find that both the nature and the pace of cybercrime have changed very rapidly with the advancement of technology. Traditional crimes are rapidly turning into cybercrime. Cybercrime history shows that while traditional crimes were done by uneducated and bad people, cybercrime is being done by educated and intelligent people. All countries have been taking necessary action from their level to deal with crime.
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MODES OF CYBER FRAUD
1. Victim's Greed and Cyber Fraud
The victim's greed is an easy way to commit cyber fraud. Most of the time, excited people are attracted and motivated to facilitate schemes in cyberspace like- e-ticketing, internet banking, online shopping etc. These plans are often misleading and victims are excited by them.
2. Personal Identity and Password Fraud in Cyberspace
Cybercriminals know that through identity theft more money can be easily stolen without risk in less time, as it is easier than traditional crime style like robbing the bank on arms. When you open your email, use Internet banking or do online shopping, and use social media, you should be deeply aware of the real threats from cyber criminals. Criminals in different platforms on the Internet show that they are good friends of the victims and they try to convince the victims with the intention of securing their personal information so that the criminals withdraw money from cyber fraud i.e. credit card, bank account fraud , ATM fraud and fraudulent transaction money can be used etc.
3. Cyber fraud by Fake Representation
Criminals in cyberspace also falsely represent that they have the right to do something for the victim / victims or are government officials. In this way they access personal identity and commit cyber fraud.
4. Cyber fraud using Urgency
The word "Urgent" is a fraudster often used with some advertisement or statement or over phone calls that shows the scope of winning a prize when invested by a potential victim or victims. In this type of fraud, the culprit asks the victim to pay some money for the processing fee immediately, otherwise you may lose your prize, and he also tries to convince the victim. People trust them and give millions of rupees immediately.
5. Cyber Lottery Fraud
Cyber Lottery Scheme Cyber fraud is carried out in two ways, the first being the need to invest in tickets for a chance to win a prize. It can also be called cyber gambling. And in the second lottery fraud, the criminal tells the victim to be the winner of the lucky draw and asks for some money in advance to get the prize money.
6. E-Mail Fraud and Internet Fraud
In January 2005, the mass e-mail was posted to help the tsunami disaster victims but it was actually a way to spread computer viruses, to launch a Daniel of Service attack against a German website. The worm appears "Tsunami donation! Please help!" Whoever invites recipients to open an attachment named "Tsunami". If anyone opens it, it will forward the virus to another Internet user. The innocent users were in the belief that they are helping with the tsunami disaster. The consequences of these scams may include: identity theft, fraud, theft from your bank account or credit card, and computer viruses.
7. Tax Refund Fraud
In this type of fraud, an identity thief files a tax return in the victim’s name to receive a refund or other payment, such as a stimulus cheque. If the fraudsters files for the refund before the victim, the tax department may deny the victim’s rightful refund or stimulus check.
8. Dumpster Diving
Dumpster diving is the name for the practice of going through trash for “goodies” such as credit card applications and other items considered to be junk by the people throwing out the material. In the hands of fraudsters, some of this trash can be transformed into gold in ways an early alchemist could never have imagined.
9. WhatsApp Fraud
In such crimes, perpetrators hacked victim’s WhatsApp through different tricks and techniques. Usually, they are using hacked WhatsApp to surveillance victim activity or for blackmailing purpose. Recently, Lawbreakers started ATM fraud through hacked WhatsApp.
10. Facebook Fraud
Today Facebook is the most used social media platform in the world. India is the country with the highest number of Facebook users globally. In such a situation, where Facebook is used on such a large scale, criminals also use it. Facebook has now become a new platform of crime. Hoodlooms are misusing Facebook in many ways. Identity theft is the most common crime on Facebook. Criminals are creating profiles on Facebook and misusing the names, addresses and photographs of the victims. Such crimes are usually due to revenge & jealousy and financial gain. Criminals are trying to defame victims by sharing a nude photo or post abuse and pornographic content. Hate messages and rumors on facebook is a new dimension of crime. Perpetrators purposely post such contents to create law & order problem for his personal, political, religious gain. This is big challenge for law enforcement agencies because we have not specific law for hate speeches and messages in information technology Act-2008. Hate messages and rumours are tremendously increased in the last few years. It is very tumultuousness situation because a single click on the computer is spread rumours and hate messages globally. Some new tricks such as job fraud, lottery fraud, business fraud and medical help fraud are used by criminals to hunt in cybercrime on Facebook. The habit of making friends with strangers is the main reason behind such fraud because people believe in virtual friends without verifying his physical identity.
11. Digital Signature Fraud
The business benefited the most from the advent of the Internet and computers. The business which was confined in a particular region has now gone global. But the trustworthiness of such trade or correspondence for it continued to be questioned, as such correspondence or trade was not signed anywhere due to which it was not considered a legally valid document. After this, digital signature was used to give legal recognition to any kind of documents exchanged through the Internet. Digital Signature in India was recognized by the Information Technology Amendment Act 2008. Digital signature is being misused in a big way today. The fraudster misuses a company by creating a fake digital signature in the name of a director. Two such cases have also been registered in Patna. Software and hardware (Dongle) are required for Digital signature.
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CLASSIFICATION OF CYBER CRIME
On the basis of nature and effect of cyber crime, it can be classified into mainly four types - Cybercrime against individuals, Cybercrime against property, Cybercrime against organisations and Cybercrime against society/country. Actually, like traditional crime, it can affect our property as well as every individual and society.
1. Cyber Crime against Individuals
Such categories are those crimes that only affect a person. A person faced financial lost, cyber defamation or identity theft in such a category. It can be categorized into different types, on their nature and intensiveness of cyber crime.
a. Password Sniffing,
b. Phishing,
c. Vishing
d. Smishing,
e. Cyber Pornography
f. Spamming,
g. Cyber defamation,
h. Cyber stalking,
i. Computer Sabotage,
j. Email Spoofing.
2. Cyber Crime against Property
Cyber crime against property is committed using an electronic device as a medium. Here, the property does not mean any immovable property but includes movable and intangible property like computers, Intellectual Property, etc. Different cyber crimes against property are:
a. Transmitting virus
b. Cyber squatting
c. Cyber vandalism
3. Cyber Crime against Organisation
Many cyber crimes are committed against organization. When each organization is trying to provide its service online, in such a situation they are easily targeted by cyber criminals. Usually, motives behind the crime against organization are financial gain, damaging systems and reputation.
a. Email Bombing,
b. Salami attack,
c. Unauthorized accessing of computer,
d. Virus attacks/dissemination of viruses,
e. Trojan Horse,
f. Password sniffing,
g. Denial of service attacks,
h. Software privacy,
i. Computer network intrusion.
4. Cyber Crime against Society/Country
Today, terrorists are using computer and internet as a weapon against society and country. Their modus operandi has been changed and they are frequently used technology to speared terrorist activities. Different cyber crimes against society/country are:
a. Cyber terrorism,
b. Cyber warfare,
c. Online gambling,
d. Forgery.
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