Cyber Crime

‘Cyber Crime and Cyber Warfare’- Cyber Forensics & Electronic Evidence

For today’s vigorously growing society, people use various devices in order to make their lives easy, faster, and more comfortable. Globalization has connected people in such a wonderful way that now a person can communicate with anybody residing in any part of the world. This continuous use of technology has impacted people’s way of communication and conduct towards each other. Internet, one of the best inventions considered has built a connection between people and companies in a faster and much economical way. But this invention with time has posed a threat that has been having a disparaging impact on civilization. Everyone whose phone or computers are connected to internet are victims of cybercrime against different organizations.

In simple words, cybercrime is a crime that involves computers or digital devices. It’s dangerous because it can either target a crime, or can be a tool of crime or it can also carry evidence of a crime. Cybercrime defines as any criminal activity that occurs over internet, for example, fraud, malware such as viruses, identity theft, cyberstalking trafficking in child pornography and intellectual property, or violating privacy, hacking, spam, steganography, and email hacking.

Because of the early and widespread adoption of computers and the internet in the US, Americans became the earliest victims or villains of cybercrime.

The question is what distinguishes cybercrime from traditional criminal activity? Of course, the use of digital computers is one difference, but that doesn’t mean that offenses like fraud, traffic in child pornography, identity stealing, or privacy violations were not happening before. All those activities existed before but what made these special was the extension of criminal behavior which was more novel.

Majorly cybercrime is an attack on information about individuals, corporations, and governments. It’s not like a physical attack but attack on sets of information attributes like personal or corporate.

An interesting thing about cybercrime is that it is nonlocal in character, means the actions can occur from vast distances also. Now this characteristic of cybercrime creates trouble when law needs to be enforced, because a crime that may have been a local crime previously may now have become a national or even an international crime. And such a situation then creates the demand of international cooperation.

For example, if a person accesses child pornography located on a computer in a country that does not ban child pornography, question or confusion arises is whether such an individual committing a crime or not? So where does the crime take place?

Cyber forensic (computer forensics) aims at investigation and analysis of such crimes by using various tools and methods. They gather information or evidences about a particular computing device which makes it reasonable enough to define against law, if required.

Criminals indulged in cyber crimes are not driven by motivated ego or expertise, rather they use it their knowledge to gain profits by deceiving or exploiting people.

In 2000, the Information and Technology Act came into existence to cater to the growing demand for legislation in cyberspace. It introduced the concept of ‘digital signature’, ‘encryption’, ‘electronic evidence’ etc. Certain changes were added in the Indian Evidence Act, 1872 in order to make it more contemporary and in tune with changing time.

Abhilasha Semwal
Deputy Manager- Research & Events
Sanrachna

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Panel Discussion on Emerging Privacy Challenges in Cyber World

Sanrachna, The Policy research unit of SGT University held a panel discussion on ‘Emerging Privacy Challenges in Cyber World, at The Indian Law Institute, New Delhi on 25 September 2019.

The distinguished panel was chaired by Hon’ble Justice Shri Talwant Singh Ji with Prof. Upendra Baxi as the Guest of Eminence. Other distinguished members of the panel were Shri Ashok Arora, an eminent legal practitioner, Shri Neeraj Aurora, an eminent cyber law expert, Ms. Aditi Chaturvedi, and Ms. Rhythm Bhardwaj. The event was attended by over 100 students, faculty members, and legal professionals.

Hon’ble Justice Talwant Singh joined Delhi Bar in 1986 and practiced as a litigation lawyer at High Court and District Courts of Delhi till April 2000. His practice areas were Corporate Law, Family Law, Civil, and Criminal Law. He joined Delhi Higher Judicial Service in May 2000 as Additional District & Sessions Judge.

Apart from Judicial work, he has a great passion for use of ICT (Information & Communication Technology) in Courts and has been active in this field for the last more than 18 years and made his humble contribution to computerization of District Courts in Delhi. Recognizing Justice Singh’s interest in ICT, his services were requisitioned by Hon’ble Supreme Court of India as Member-Judicial of E-Committee in the year 2013. This Committee was entrusted with the responsibility to computerize more than 14,000 Courts all over India, which it completed in record time. He was also a member of the Software team responsible for the development of National CIS (Case Information System) for all District Courts in India in collaboration with NIC, Pune. During his address, Justice Talwant Singh shared several milestone judgments in the Data Privacy Space.

Prof. Upendra Baxi enlightened the audience on the need for globalization and the need to act responsibly as far as data is concerned.

Prof. Upendra Baxi was the vice-chancellor of the University of Delhi (1990–1994), prior to which he held the position of professor of law at the same university for 23 years (1973–1996). He has also served as the vice-chancellor of the University of South Gujarat (1982–1985) and since 1996, he has been a professor of law in development at the University of Warwick, United Kingdom.

In 2011, he was awarded the Padmashree, the fourth highest civilian award in India, by the Government of India.

Mr. Ashok Arora, a well-known lawyer and former Secretary of Supreme Court Bar Association (India) is also the author of a number of articles and books. He graduated from Hindu college & later studied law at Campus Law Centre, Delhi University. He has had a career of thirty-eight years. In his impeccable style, Mr. Arora highlighted the need to assume joint ownership if the world seeks privileges of data privacy and protection.

Mr. Neeraj Aurora is an Arbitrator, Lawyer, Writer Analyst, and Strategist on the issues relating to Cyber Law, Cyber Crime, Cyber Forensic, and Cyber Warfare. On account of his blended mixture of his qualifications, training, and roles, he shared deep insight into the field of the cyber domain from the point of view of different stakeholders.

Ms. Rhythm Anand Bhardwaj, Legal Editor for Republic TV shared her experience in several landmark cases related to electronic media. She has a decade’s experience in covering courts, and politics. She has covered ICJ hearings at Hague and extradition hearings at London.

Ms. Aditi Chaturvedi, Counsel at Software Freedom Law Centre emphasized the need to develop clarity on the use of systems that link very sensitive personal data with public and private. Citing the example of Aadhaar, she said that, “while the Act permits the use of Aadhaar only in some cases, we aren’t able to understand where the line will stop”.

It was a rare occasion to hear views of some extraordinary luminaries on emerging data protection and privacy challenges in ever so increasing race to achieve an interconnected world.

 

By Rajneesh Wadhwa
Dean – Faculty of Engineering & Technology
SGT University

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