cyber investigation

Here’s What No One Tells You About Cyber Crime!

Here’s What No One Tells You About Cyber Crime. The Information Technology Act is an outcome of the resolution dated 30th January 1997 of the General Assembly of the United Nations, which adopted the Model Law on Electronic Commerce, adopted the Model Law on Electronic Commerce on International Trade Law. 

This resolution recommended, inter alia, that all states give favorable consideration to the said Model Law while revising enacting the new law, so that uniformity may be observed in the laws, of the various cyber-nations, applicable to alternatives to paper-based methods of communication and storage of information. Here’s What No One Tells You About Cyber Crime.

Cybercrime is an evil having its origin in the growing dependence on the computer in modern life. There is a wide range of offenses that can be committed through communication technology. Commonly, cyber crimes can be categorized into various forms including firstly, committing new offenses by using new technologies like cyber crimes against computer systems and data and secondly, committing old offenses by using new technology like using computer network for facilitating the commission of cybercrime.

It can be said that cybercrime has had a short but highly eventful history. There are different views regarding the actual status of the existence of this new variety of crime actually. Some say that when the computer came with the invention of the first abacus since people used calculating machines for wrong purposes, hence it can be said that cybercrime per se has been around ever. Actually the history of cyber crimes firstly started with the hackers who try to break into computer networks just only for the thrill of accessing high-level security networks or to gain sensitive or secured information or any secret for personal benefits or for revenge.

Today, criminals that indulge in cybercrimes are not driven by ego or expertise. Instead, they want to use their knowledge to gain benefits quickly. They are using their expertise to steal, deceive and exploit people as they find it easy to earn money without having to do an honest day’s work. Modern cyber crimes are quite different from old- school crimes. These crimes do not require the physical presence of the criminals.

The Parliament of India passed the Information Technology Act (ITA), 2000 with the objective to combat cybercrimes and to provide a legal framework for e-commerce transactions. In India, this was the very first cyber legislation that specifically deals with cybercrimes. It deals with the various types of offenses that are done in the electronic form or concerning computers, computer systems, computer networks. Strangely, the term ‘cybercrime, or ‘cyber offense’ is neither defined nor this expression is used under the Information Technology Act, 2000. This Act amends many provisions of our existing laws i.e. Indian Penal Code, 1860; the Indian Evidence Act, 1872; the Bankers Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934.

On July 29, 2001, in Jayesh S. Thakkar v. State of Maharashtra case, the petitioners wrote a suo moto writ petition for complaining about pornographic websites on the internet to the Chief Justice of Bombay High Court. On the basis of this petition, the Division Bench of the Bombay High Court passed an order to appoint a committee for suggesting and recommending preventive measures for protecting from pornographic and obscene material on the internet. Then on January 30, 2002, several recommendations have been given by Bombay High Court’s Special Committee through the public opinions on the internet relating to Protecting Minors from Unsuitable Internet-Material. Reference can be taken from Antony v. State of Kerala case, in which it was held by the court that an object need not be visible to the naked one to be an obscene object. In C.K. Karodkar v. State of Maharashtra case, the Supreme Court held that the standard of obscenity would differ from country to country depending on the standards of morals of contemporary society. After this in Vishakha v. State of Rajasthan case a landmark judgment was passed which is also known as the leading case law on harassment at the workplace in India a. Before this case, there was no law referring to harassment at the workplace in India.

In 2004, in India, the landmark case which is considered to be the first case of conviction under Section 67 of the Information Technology Act which makes this section is of the historical importance is State of Tamil Nadu v. Suhas Katti. In this case, some defamatory, obscene and annoying messages were posted about the victim on a yahoo messaging group which resulted in annoying phone calls to her. She filed the FIR and the accused was found guilty under the investigation and was convicted under section 469, 509 of Indian Penal Code and section 67 of the Information Technology Act.

In 2005, in India, the first case which was registered under Section 65 of the Information Technology Act is Syed Asifuddin and Ors. v. State of Andhra Pradesh and Anr. In this case, the court held that the cell phones fulfilled the definition of ‘computer’ under the Information Technology Act and the unique Electronic Serial Numbers which are programmed into each handset like ESN, SID (System Identification Code), MIN (Mobile Identification Number) are the ‘computer source code’ within the definition under the Information Technology Act which is required to be kept and maintained by the law.

Thus, cybercrime is evil having its origin in the growing dependence on computer in modern life. There is a wide range of offenses that can be committed through communication technology. It is not going to stop anytime soon and it seems like it will just continue to grow until new methods of fighting it are introduced. Because it is found that at some point in time history becomes current events.

Today, it is found that due to the technology of the Internet era there are very few people whose lives are not affected whether it is beneficially or harmfully. There is also the positive side of this technology as well as negative. By the positive side, it is found that there is tremendous increase in the ability to share and exchange information instantaneously which led to providing unprecedented benefits in the areas of education, commerce, entertainment, and social interaction and on the negative side, it is felt that there is the increase in opportunities for the commission of crimes because this latest technology has encouraged the potential criminals to commit crimes through computer, computer system or computer network with almost no monetary cost and with lesser risk of being caught.

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