CSDF UNIT 3

Cyber Crime and Cybersecurity: The Legal Perspective

Introduction to Cyber Crime

• 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.

Objectives of the Chapter

• 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.

Cyber Crime Definitions

• 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.

Degrees of Unlawful Access

• 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).

Computer Trespass

• 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.

The Global Perspective on Cybercrime Laws

• 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.

Anti-Spam Legislation

• 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.

The Indian Context on Cyber Laws

• 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.

Weak Areas in the IT Act

• 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.

Digital Signatures and PKI

• 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.

Conclusion

• 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.