CSDF UNIT 3

Cyber Crime and Cybersecurity: The Legal Perspective

Cyber crime is the largest illegal industry.
Involves coordinated attacks against a country's information infrastructure.
Knowledge of cyber laws is essential for individuals and entities interacting with network services.

Understand the need for cyber laws and the Indian IT Act concerning cyber crime.
Compare laws across jurisdictions globally.
Learn about digital signatures, public-key infrastructure, and their implications.
Review the EU legal framework for information privacy to prevent cyber crime.
Discuss electronic records and their admissibility in courts.
Understand the challenges in punishing cyber criminals and examine the Indian IT Act's strengths and weaknesses.

Cybercrime (Restrictive Definition): Illegal behavior via electronic methods targeting computer systems and data security.
Cybercrime (General Definition): Illegal behavior related to computer systems/networks, including possession and distribution of information.

Unauthorized Access: Known as hacking, categorized into degrees:
- First Degree: Accessing a computer with intent to defraud or steal (Class C felony).
- Second Degree: Access causing significant damage (Class D felony).
- Third Degree: Access resulting in minor damage (Class A misdemeanor).
- Fourth Degree: Access without any damage (Class B misdemeanor).

Defined under Virginia State Criminal Law, where unauthorized access is deemed a serious crime.
Actions leading to computer malfunction or unauthorized data removal are punishable.

Challenges in the Asia-Pacific region include lack of awareness and appropriate legislation for cyber security.
The Australian Cybercrime Act 2001 aims at bridging the legislative gaps against online activities.
Cyber laws are evolving but require updates to meet the increasing technological complexities and transnational challenges.

Overview: Unsolicited commercial emails (spam) have escalated into significant issues for corporations and individuals.
Current Status: Many Asia-Pacific countries have enacted anti-spam laws; however, India lacks comprehensive measures against spam.

Indian IT Act 2000: Provides legal recognition for electronic communication and transactions.
Highlights the framework for data protection and privacy. Criminal activities defined include sending obscene emails and defamation through electronic means.

The act exhibits vagueness and conflicts of jurisdiction.
Issues of intellectual property rights in the online space are not addressed.
Implementation concerns arise from the law's lack of clarity on evolving cyber offenses.

The need for public-key infrastructure (PKI) and digital signatures in electronic transactions is emphasized.
Digital signatures provide integrity, authentication, and non-repudiation, essential in business transactions.

Cyber crime represents a complex challenge requiring robust legal and regulatory frameworks globally and in India.
Ongoing updates and responsiveness to new threats are critical in combating cyber crime and ensuring cyber security.