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Q1) Why do you think that cyber crime requires special attention when compared to conventional crimes?

Answer:
Crime is a social and economic phenomenon which is as old as the human society. It is a legal concept and has the sanction of law. It is an offence and against humanity. It can be a conduct or omission prohibited by law and whose consequential breach is punishable by penal consequences. Cyber crime is not so different from conventional crimes. Both include an act or omission which causes breach of rules and draws penal provisions. However there are certain differences between the two. Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber crime may be said to be the species of which genus is conventional crime, and where either the computer is an object or subject of the conduct constituting crime. Any criminal activity that uses a computer either as an instrument, target or a means for perpetuating further crimes comes within the ambit of cyber crime. The involvement of computer medium makes cyber crime distinct from conventional crimes. Cyber space does not have geographical boundaries as they refuse to be so bound, originating from any nation and capable of attacking any country, unlike conventional crimes. Hence owing to the inherent complex nature of cyber crimes compared to conventional crimes they need more attention.

Q2) Proving cyber crimes in a court of law has been always a challenge. Give reasons. Answer:
Cyber law encompasses a wide variety of legal issues related to use of communication technology. Absence of physical boundaries in cyberspace may lead to a situation where the basis of morality and culture will be shaken in society. Computer and cyber crimes inevitably often have a transitional aspect to them, which can give rise to complex jurisdictional issues involving persons, things and acts being present or carried out in a number of different countries. Even where the perpetrator and the victim are located in the same jurisdiction, relevant evidence may reside on a server located in another jurisdiction. It is more than three years since law was passed in India to recognize electronic documents as admissible evidence produced in a Court of Law. However, such electronic document obviously has to be carried on a media and can be read only with the assistance of an appropriate Computer with appropriate operating software. In many cases even in non-electronic documents, a document may be

in language other than the language of the Court and in which case it needs translation and causes further complexity in bringing the electronic document as evidence. Question may also arise whether a print out document is primary or secondary evidence. Owing to these issues proving cyber crimes in court has always been a challenge.

Q3) Briefly analyse Indian law regarding cyber crimes. Answer:


There are two main statutes that govern the online criminal liabilities are the Indian Penal Code, 1860 and the Information Technology (IT) Act, 2000. The IT Act was passed and enforced on 17th May 2000. Its objective was to legalize ecommerce and it further amends the Indian Penal code 1860, Indian Evidence Act 1872, the Bankers Book Evidence Act 1891, and the Reserve Bank of India Act 1934. The aim behind this is to make these Acts compatible with the Act of 2000 so that, they may control the affairs of the cyber world in an effective manner. The IT Act extends to the whole of India, including Jammu and Kashmir. The Act does not take citizenship into account and hence provides an extraterritorial jurisdiction. This Act is to protect even the owner of a single computer, computer system or computer network located in India which has violated/damaged by any person inside or outside the country. The IT Act highlights both the penalty provisions and the process of adjudication for damage to computer, computer system or computer network. It deals with cyber crimes like unauthorized access to computer, computer system or computer network, etc. Apart from the IT Act and the Indian Penal Code, dealing with offences in the nature of cyber crimes there are a few other norms also, such as: the indecent representation of Women (prohibition) Act, 1986, Protocol on Sale of Children, Child Prostitution and Child Pornography, etc.

Q4) Explain the following in the context of cyber crime (i) Pornography (ii) Identity theft. Answer:
(i) Pornography: This offence includes pornographic websites, pornographic magazines produced using computers and the channel used to transmit and download these materials. This kind of cyber crime deals with publishing explicit sexual content on the electronic medium, mostly without consent, and thereby damaging the reputation of the individuals whose personal details are published. This crime is against the society at large and even include child pornography.

(ii) Identity theft: Phishing is a scheme used to collect information from unsuspecting individuals in order to commit identity theft or those crimes that are associated with fake identity, e.g. credit card fraud. Through identity theft fraudulent credit cards and other documents can be made thereby causing much damage to the original identity holder.

Q5) Write a short note on cyber terrorism. Answer:


Cyber terrorism can be defined to be the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives. A terrorist means a person who indulges in wanton killing of persons or in violence or in disruption of services or means of communications essential to the community or in damaging property whatsoever reason may be with the view to putting the public or any section of the public in fear; or

affecting adversely the harmony between different religious, racial, lingual or regional groups or castes or communities; or coercing or overawing the government established by law; or endangering the sovereignty and integrity of the nation and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the above objectives. Every act done in pursuance thereof is an act of cyber terrorism.

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