57719930

You read ‘Real World’ in category ‘Papers’

Though most of ecommerce websites have got implemented good security measures (such as SSL, protect web servers etc), instances of credit card scams are raising. The circumstance The victim’s credit card details is thieved and abused for making on the net purchases (e. g. airfare tickets, software, subscription to pornographic websites etc). The law Areas 43 and 66 details Technology Work and section 420 of Indian Criminal Code. Who may be liable? Almost all persons that have stolen the credit card data as well as those who have misused that. The motive Illegal profit.

Modus Operandi Scenario 1: The think would mount keyloggers in public computers (such as web cafes, airport terminal lounges etc) or the pcs of the patient. Unsuspecting patients would use these afflicted computers to make online ventures. The credit card information of the victim would be emailed to the suspect. Scenario 2: Petrol pump attendants, workers in retail outlets, motel waiters and so forth note down data of the credit cards used for making payment for these establishments. This information is sold to criminal gangs that misuse it for on-line frauds. 08 Rohas Nagpal. All rights reserved. , 135 , Cyber Offense , Digital Evidence – Indian Point of view 23. four Online Share Trading Fraudulence With the advent of dematerialization of shares in India, it may be mandatory pertaining to investors to have demat accounts. In most cases a web based banking account is definitely linked with the share trading account. This has led to an increased number of on-line share trading frauds. The scenario Circumstance 1: The victim’s bank account passwords are stolen fantastic accounts will be misused for making fraudulent bank transfers.

Scenario a couple of: The victim’s account account details are stolen and his talk about trading accounts are abused for making unauthorised transactions that result in the sufferer making losses. The law Situation 1: Sections 43 and 66 details Technology Work and section 420 of Indian Penal Code. Situation 2: Sections 43 and 66 details Technology Take action and section 426 of Indian Penal Code. Who will be liable? Circumstance 1: Every persons that have stolen the account information and also those who have misused it. Situation 2: Most persons who may have stolen the account information and those who have misused it.

The motive Circumstance 1: Illegitimate financial gain Circumstance 2: Revenge, jealousy, hatred Modus Operandi Scenario 1: The think would set up keyloggers in public places computers (such as cyber cafes, international airport lounges etc) or the personal computers of the sufferer. Unsuspecting patients would use these afflicted computers to login to their online bank and share trading accounts. The passwords and other information in the victim will be emailed to the suspect. Scenario 2: Same as scenario 1 . , 136 © 2008 Rohas Nagpal. All privileges reserved. Cyber Crime , Digital Data – Indian Perspective 3. 5 Tax Evasion and Money Laundering Many dishonest businessmen and money launderers (havala operators) are using electronic as well as physical storage press for hiding information and records of their illicit organization. The circumstance Scenario 1: The suspect uses physical storage media for covering the information at the. g. hard disks, floppies, UNIVERSAL SERIAL BUS drives, cellphone memory greeting cards, digital camera memory space cards, Dvd, DVD ROMs, iPods etc . Scenario two: The suspect uses online storage press for covering the information electronic. g. email accounts, on the net briefcases, FILE TRANSFER PROTOCOL sites, Gspace etc . The law Scenario you: Depending upon the case, provisions in the Income Tax Action and Avoidance of Money Washing Act will certainly apply. Situation 2: Based on the case, conditions of the Income Tax Act and Prevention of Money Laundering Take action will apply. Who is responsible? Scenario 1: information. Anyone who skins the Situation 2: The person who covers the information. In case the operators with the virtual storage space facility tend not to cooperate inside the investigation, then they also turn into liable.

The motive Scenario 1: Unlawful financial gain Circumstance 2: Unlawful financial gain Modus Operandi Circumstance 1: The suspect would purchase small storage devices with large data safe-keeping capacities. Circumstance 2: The suspect might open cost-free or paid accounts with online safe-keeping providers. © 2008 Rohas Nagpal. Almost all rights appropriated. , 137 , Web Crime , Digital Evidence – Indian Perspective 3. 6 Source Code Robbery Computer supply code is the central asset of software companies. In other words, source code is the coding instructions which might be compiled into the executable files that are distributed by software program development businesses.

As is expected, most source code thefts take place in application companies. Some cases are also reported in banking companies, manufacturing companies and also other organisations who also get initial software designed for their make use of. The scenario Scenario you: The suspect (usually a staff of the victim) steals the cause code and sells it to a business rival with the victim. Scenario 2: The suspect (usually an employee of the victim) abducts the source code and uses it like a base for making and sell his own variation of the application. The law Circumstance 1: Parts 43, sixty five and sixty six of the I . t Act, section 63 of the Copyright Take action.

Scenario two: Sections 43, 65 and 66 of the Information Technology Act, section 63 of the Copyright laws Act. Who may be liable? Scenario 1: The persons who steal the original source code in addition to the persons who have purchase the stolen source code. Scenario 2: The people who take the source code. The motive Scenario 1: Illegal financial gain. Scenario 2: Illegal profit. Modus Operandi Scenario one particular: If the believe is a staff of the sufferer, he would ordinarily have direct or indirect usage of the source code. He would grab a copy of the source code and cover it utilizing a virtual physical storage device. , 138 , 2008 Rohas Nagpal. Every rights arranged. Cyber Criminal offense , Digital Evidence – Indian Point of view If the suspect is rather than an employee in the victim, he would hack in to the victim’s machines to steal the cause code. Or he would use social anatomist to receive unauthorised access to the code. He would in that case contact potential buyers to make the deal. Scenario two: If the believe is an employee of the victim, he would normally have direct or indirect use of the source code. He would steal a copy in the source code and cover it utilizing a virtual or physical storage device. If the suspect is not an employee of the patient, e will hack in to the victim’s computers to steal the source code. Or perhaps he would work with social architectural to acquire unauthorised usage of the code. He would then simply modify the original source code (either himself or in association with various other programmers) and launch his own computer software. © 08 Rohas Nagpal. All privileges reserved. , 139 , Cyber Criminal offense , Digital Evidence – Indian Point of view 23. six Theft of Confidential Information Most business organisations retail store their hypersensitive information in computer systems. This information is targeted by rivals, criminals and frequently disgruntled employees.

The scenario Scenario you: A business opponent obtains the knowledge (e. g. tender estimates, business programs etc) applying hacking or perhaps social architectural. He then uses the information to get the benefit of his own organization (e. g. quoting decrease rates to get the tender). Scenario a couple of: A criminal obtains the knowledge by hacking or sociable engineering and threatens to help make the information community unless the victim compensates him some cash. Scenario a few: A dissatisfied employee burglarizes the information and mass estafette it for the victim’s competition and also posts it to varied websites and newsgroups.

Legislation Scenario 1: Sections 43 and 66 of the Information Technology Act, section 426 of Indian Criminal Code. Scenario 2: Parts 43 and 66 from the Information Technology Work, section 384 of American indian Penal Code. Scenario several: Sections 43 and 66 of the Information Technology Act, section 426 of Indian Criminal Code. Who may be liable? Scenario 1: The persons whom steal the knowledge as well as the individuals who misuse the thieved information. Situation 2: The persons who steal the information as well as the persons who endanger the victim and extort money.

Circumstance 3: The disgruntled staff as well as the people who help him in stealing and distributing the knowledge. The purpose Scenario 1: Illegal profit. Scenario two: Illegal profit. Scenario3: Vengeance. , 140 © 2008 Rohas Nagpal. All legal rights reserved. Web Crime , Digital Evidence – American indian Perspective Modus Operandi Situation 1: The suspect can hire a skilled hacker in order to into the patient systems. The hacker can also use social engineering tactics. Illustration: A very good looking woman went to meet the system officer (sysadmin) of a large company.

The lady interviewed the sysadmin for any “magazine article”. During the interview she flirted a lot with the sysadmin although leaving the girl “accidentally” still left her dog pen drive with the sysadmin’s room. The administrator accessed the pen drive and saw that this contained various photographs with the lady. This individual did not understand that the photographs were Trojanized! After the Trojan is at place, a whole lot of hypersensitive information was stolen quickly. Illustration: The sysadmin of a giant manufacturing firm received a beautifully crammed CD ROM that contain “security updates” from the company that designed the operating-system that happened to run his business servers.

This individual installed the “updates” which reality had been Trojanized application. For 3 years after that a lot of confidential information was stolen from your company’s systems! Scenario 2: Same as scenario 1 . Situation 3: The disgruntled worker would normally have direct or perhaps indirect access to the information. He can use his personal computer or maybe a cyber cafe to spread the information. © 2008 Rohas Nagpal. All rights set aside. , 141 , Internet Crime , Digital Data – Of india Perspective twenty three. 8 Software Piracy Various people will not consider application piracy being theft.

They might never steal a rupee from an individual but probably would not think twice prior to using fake software. There exists a common perception amongst usual computer users never to consider application as “property”. This has triggered software piracy becoming a flourishing business. The scenario Scenario 1: The application pirate offers the pirated software in physical mass media (usually COMPACT DISK ROMs) through a close network of traders. Scenario a couple of: The software pirate sells the pirated software program through digital downloads through websites, bulletin boards, forums, spam e-mail etc .

What the law states Scenario 1: Sections 43 and sixty six of the I . t Act, section 63 of Copyright Action. Scenario a couple of: Sections 43 and 66 of the Technology Act, section 63 of Copyright Work. Who is accountable? Scenario you: The software pirate as well as the people who choose the pirated software from him. Circumstance 2: The software pirate plus the persons who also buy the duplicate software from charlie. The objective Scenario you: Illegal profit. Scenario 2: Illegal financial gain. Modus Operandi Scenario you: The suspect uses top speed CD replication equipment to develop multiple clones of the duplicate software.

This software is marketed through a network of computer hardware and software vendors. Situation 2: The suspect subscribes a domain name using a fictitious identity and then owners his web page using a company that is based in a country it does not have cyber laws. Such service providers will not divulge consumer information to law enforcement officials of other countries. , 142 © 2008 Rohas Nagpal. All rights reserved. Cyber Crime , Digital Proof – American indian Perspective 3. 9 Music Piracy Many people tend not to consider music piracy to become theft.

They will never rob a rupee from somebody but would not think twice before buying or employing pirated music. There is a common perception amongst people users to not consider music since “property”. There is a huge organization in music piracy. Thousands of unscrupulous business men sell pirated music for throw away rates. The scenario Scenario one particular: The music buccaneer sells the pirated music in physical media (usually CD ROMs) through a close network of dealers. Circumstance 2: The background music pirate offers the pirated music through electronic downloads available through websites, bulletin panels, newsgroups, spam emails and so forth

The law Circumstance 1: Areas 43 and 66 of the Information Technology Take action, section 63 of Copyright laws Act. Scenario 2: Areas 43 and 66 in the Information Technology Take action, section 63 of Copyright Act. Who may be liable? Situation 1: The music pirate plus the persons who have buy the pirated software from him. Scenario 2: The music buccaneer as well as the persons who choose the pirated computer software from him. The motive Circumstance 1: Illegal financial gain. Scenario 2: Illegitimate financial gain. Modus Operandi Situation 1: The suspect uses high speed CD duplication equipment to create multiple copies of the pirated music.

This music is sold through a network of dealers. Situation 2: The suspect subscribes a domain name by using a fictitious term and then website hosts his site using a provider that is based in a country it does not have cyber laws. This kind of service providers will not divulge customer information to law enforcement officials of other countries. © 08 Rohas Nagpal. All privileges reserved. , 143 , Cyber Crime , Digital Evidence – Indian Point of view 23. 12 Email Scams Emails will be fast appearing as one of the most usual methods of interaction in the modern world.

Just like be expected, criminals are also employing emails widely for their dubious activities. The scenario In the first step, the suspect assures the patient that the sufferer is going to get a lot of money (by way of winning a lotto or coming from a corrupt African bureaucrat who wants to copy his sick gotten gains out of his home country). In order to convince the victim, the suspect transmits emails (some having recognized looking paperwork as attachments). Once the sufferer believes this story, the suspect asks for a small fee to cover legal expenses or courier fees.

If the sufferer pays the money, the suspect ceases all get in touch with. The law Section 420 of Indian Presidio Code That is liable? The sender from the email. The motive Illegal financial gain. Modus Operandi The suspect makes email accounts in make believe names and sends out a lot of fraudulent emails using strong spam computer software. , a hundred and forty four , © 2008 Rohas Nagpal. Most rights reserved. Cyber Crime , Digital Evidence – Indian Perspective 23. 11 Phishing With the tremendous embrace the use of on the web banking, on the net share trading and online business, there has been a corresponding development in the ncidents of phishing being used to undertake financial ripoffs. Phishing involves fraudulently attaining sensitive data (e. g. passwords, visa or mastercard details etc) by masking as a reliable entity. The scenario Scenario 1: The victim receives an email that appears to have been sent from his bank. The email urges the victim to click on the hyperlink in the email. When the victim does so , he is delivered to “a protect page within the bank’s website”. The victim believes the internet page being authentic and he goes in his user name, password and other information.

The truth is, the website is actually a fake and the victim’s info is thieved and abused. The law Portions 43 and 66 details Technology Take action and parts 419, 420 and 468 of Indian Penal Code. Who is accountable? All persons involved in creating and sending the fraudulent emails and creating and maintaining the fake website. The folks who improper use the stolen or “phished” information are also liable. The motive Against the law financial gain. Modus Operandi The suspect subscribes a domain name using fictitious specifics. The website name is usually in a way that can be misused for spoofing e. g. Noodle Lender has its website at www. oodle. com The suspects can target Noodle customers using a domain name just like www. noodle-bank-customerlogin. com The suspect then simply sends spoofed emails to the victims. elizabeth. g. the emails might appear to come from [email, protected] com The fake website is designed to appearance exactly like the first website. © 2008 Rohas Nagpal. Almost all rights arranged. , 145 , Internet Crime , Digital Facts – Indian Perspective twenty three. 12 Web Pornography Internet pornography is definitely believed to be one of the largest businesses on the Net today. The millions of pornographic websites that flourish on the Internet are testimony to the.

While pornography per se can be not against the law in many countries, child pornography is strictly unlawful in most international locations today. Internet pornography involves pornographic websites, pornographic publications produced employing computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, images, writings etc). The circumstance The suspect accepts on the net payments and allows spending customers to watch / download pornographic photographs, videos and so on from his website. What the law states Section 67 of Information Technology Act. That is liable? The persons whom create as well as the pornographic websites happen to be liable.

In some cases cyber cafe owners and managers might also be liable just in case they knowingly allow buyers to access the pornographic websites. The objective Illegal financial gain. Modus Operandi The believe registers a domain name using fictitious details and hosts an online site on a machine located in a country where web pornography is usually not illegitimate. The believe accepts on the web payments and allows having to pay customers to watch / download pornographic photos, videos and many others from his website. , 146 , © 2008 Rohas Nagpal. All privileges reserved. Web Crime , Digital Facts – Indian Perspective twenty-three. 3 On the net Sale of Illegitimate Articles It can be becoming increasingly popular among find circumstances where sale for narcotics drugs, weapons, creatures etc . is being facilitated by Internet. Advice about the availability of the products for sale is being posted on public auction websites, message boards and so forth The situation The believe posts information about the illegal deal that he seeks for making. Potential customers may contact the seller using the email IDs presented. If the purchaser and seller trust the other person after their very own email or telephonic dialogue, the actual purchase can be deducted.

In most this sort of cases the purchaser and seller will meet face to face during the final purchase. Illustration: In March 2007, the Pune rural law enforcement cracked upon an unlawful rave get together and busted hundreds of against the law drug users. The social networking site, Orkut. com, is usually believed to be among the modes of communication intended for gathering people for the illegal “drug” party. What the law states Depending upon the illegal products being transacted in, procedures of the Narcotic Drugs and Psychotropic Substances Act, Biceps and triceps Act, Indian Penal Code, Wildlife related laws and so on may apply. Who is responsible?

The folks who purchase and sell these items. The motive Unlawful financial gain. Modus Operandi The suspect makes an email IDENTITY using fictitious details. He then posts messages, about the illegal items, in various chat rooms, bulletin planks, newsgroups etc . Potential customers can contact the vendor using the email IDs provided. If the purchaser and owner trust the other person after all their email or telephonic dialogue, the actual transaction can be concluded. In most such cases the buyer and seller will fulfill face to face in the time the final purchase. © 2008 Rohas Nagpal. All legal rights reserved. 147 , Web Crime , Digital Proof – American indian Perspective 23. 14 Make use of Internet and Computers simply by Terrorists Many terrorists are applying virtual and also physical safe-keeping media for hiding info and documents of their dubious business. Additionally, they use e-mail and forums to get in touch with their alternatives around the globe. The scenario The suspects take laptops in which information relating to their activities is trapped in encrypted and password protected form. They also create email accounts employing fictitious specifics. In many cases, one particular email consideration is distributed by many persons.

E. g. one terrorist composes an email and will save it inside the draft folder. Another terrorist logs in the same account from one more city as well as country and reads the saved email. He then composes his respond and will save you it in the draft folder. The e-mails are not in fact sent. Can make email tracking and looking up almost impossible. Terrorists also use physical storage multimedia for hiding the information elizabeth. g. hard disks, floppies, USB drives, mobile phone memory greeting cards, digital camera recollection cards, Cd, DVD ROMs, iPods and so forth They also employ virtual storage space media pertaining to hiding the knowledge e. g. mail accounts, online briefcases, FTP sites, Gspace and so forth The law Terrorists are included in conventional laws and regulations such as American indian Penal Code and exceptional legislation associated with terrorism. Who may be liable? Terrorists as well as individuals who help them to safeguard their details are responsible. If email service providers usually do not assist legislation enforcement workers in the investigation then they can also be legally responsible. The objective Keeping terrorism related info confidential. Safeguarded communication among terrorist group members. Modus Operandi The terrorists buy small storage area devices with large data storage capabilities.

They also buy and work with encryption software. The terrorists may also make use of free or perhaps paid accounts with online storage services. , 148 © 08 Rohas Nagpal. All legal rights reserved. Cyber Crime , Digital Facts – Of india Perspective 3. 15 Virus Attacks Pc viruses happen to be malicious programs that destroy electronic info. As the world is increasingly becoming networked, the threat and damage due to viruses keeps growing by leaps and bounds. The scenario Scenario you: The virus is a standard “in the wild” virus. This means that it can be spreading all over the world and is certainly not targeted at any kind of specific enterprise.

Scenario a couple of: The disease targets a particular organisation. This type of a malware is not known to anti virus companies since it is a new computer virus created specifically to focus on a particular company. The law Circumstance 1: Sections 43 and 66 info Technology Action and section 426 of Indian Penal Code. Situation 2: Parts 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. That is liable? Situation 1: The creator of the virus. Situation 2: The creator in the virus and also the buyer who also purchases the virus (usually to target his business rivals).

The purpose Scenario you: Thrill and a perverse pleasure in destroying info belonging to other people. Scenario 2: Illegal organization rivalry. profit, revenge, Modus Operandi Circumstance 1: A seasoned00 programmer produces a new type or tension of disease and produces it for the Internet in order that it can pass on all over the world. Being a new malware, it should go undetected by many anti-virus computer software and hence will be able to spread across the world and result in a lot of harm. Anti-virus companies are usually capable of finding a solution within just 8 to 48 several hours. © 08 Rohas Nagpal. All rights reserved. 149 , Web Crime , Digital Proof – Of india Perspective Circumstance 2: An experienced00 programmer creates a new type or stress of disease. He would not release this on the Net. Instead he sells it for a large amount of money. The buyer uses the virus to his rival company. Like a new malware, it may be hidden by the patient company’s anti virus software and so would be able to create a lot of damage. Anti-virus corporations may never get to know about the existence of the virus. , 150 , © 2008 Rohas Nagpal. All privileges reserved. Web Crime , Digital Facts – Indian Perspective 3. 16 Web Defacement Site defacement is generally the substitution of the first home page of any website with another webpage (usually pornographic or defamatory in nature) by a hacker. Religious and government sites are regularly targeted simply by hackers to be able to display personal or faith based beliefs. Distressing images and offensive key phrases might be displayed in the process, as well as a signature of sorts, to show who was accountable for the defacement. Websites are defaced for political causes, many defacers do it simply for the thrill.

The scenario The homepage of the website can be replaced with a pornographic or perhaps defamatory webpage. In case of Federal government websites, this really is most commonly completed on emblematic days (e. g. the Independence working day of the country). The law Sections 43 and 66 of Information Technology Action [In some cases section 67 and 70 might also apply]. That is liable? The person who defaces the website. The motive Joy or a unhelpful ? awkward ? obstructive ? uncooperative pleasure in inciting public disharmony. Modus Operandi The defacer may exploit the vulnerabilities with the operating system or applications used to host the web page.

This will allow him to crack into the web server and change the home web page and other internet pages. Alternatively he might launch a brute force or dictionary attack to obtain the administrator passwords for the website. He can after that connect to the internet server and alter the web pages. © 2008 Rohas Nagpal. All rights reserved. , 151 , www. asianlaws. org Hq 6th Floors, Pride Senate, Behind Indiabulls Mega Shop, Senapati Bapat Road, Pune , 411016. India Contact Numbers +91-20-25667148 +91-20-40033365 +91-20-64000000 +91-20-64006464 Email: [email, protected] org URL: www. asianlaws. org