This article is written by Shyam Gupta of IPEM Group of Institute.
CLASSIFICATION OF CYBERCRIME
This crime could be executed with the help of computer and network, it can be committed against an individual or a group with the mala fide intention to harm the reputation of the victim or cause physical or mental harm by using network such as (chat room, email, notice boards and groups) and cell phone (SMS, MMS, Bluetooth).
The prospect of this cyberattack happening and someone accessing sensitive personal information is very alarming to many internet users given the prominence of technology in this era. Data and devices are becoming far more exposed to cybercrime due to the exponential growth of digitalization and technology. Businesses now need to take precautions to protect their data and sensitive information.
Cloud security and cybersecurity are two well-known concepts that are sometimes used interchangeably, but there are a lot of differences between the two.
Cloud security focuses only on protecting the cloud computing environments, unlike cyber security, which includes protecting all information technology domains. When it comes to protecting the various IT domains, cyber security actually encompasses cloud security.
Now let’s see how cyber security and cloud computing go hand-in-hand.
In Infrastructure-as-a-Service (IaaS), a third-party cloud provider gives businesses online access to resources including networking, virtual private servers, and storage. The cloud service provider’s responsibilities include protecting servers, data in the servers, storage, virtualization, and networking hardware. However, the organization is responsible for security of network traffic, operating systems, apps, and user access.
In Platform-as-a-Service (PaaS), third-party cloud providers deliver software and hardware tools, such as debuggers, compilers, and source code editors.
These tools are used by developers to create, administer, and operate their own apps. The cloud for service provider is primarily responsible providing cloud security and securing the cloud model and related components. The organization is responsible for protecting its applications, while the cloud service provider manages the security backend.
Software-as-a-Service (SaaS) provides pre-built, cloud-based apps that are hosted and managed by a separate cloud provider. With SaaS, you need to negotiate terms of security with your cloud service provider.
Now let’s check security aspects in different cloud environments.
Public Cloud:
In Public cloud, multiple organizations use the same cloud service provider’s cloud services. Public cloud security is typically the responsibility of the third-party cloud service provider.
Private Cloud: Computing services are only made available to one organization in a private cloud, rather than multiple organizations. The private cloud can be in-house or provided by a third party. Security is mainly managed in-house by the organization.
Hybrid cloud:
Combines both on-premise and private and/or public cloud storage. In a hybrid cloud, security is the responsibility of both the cloud service provider and the organization.
In the case of Imtiazuddin Azinuddin Kazi v. Ani Technology Pvt Ltd the court held that the section 43(a) of the IT Act, 2000 is applicable because of the presence of the nature of unauthorized access that is involved to commit transactions. The accused were also charged under section 66 of the IT Act, 2000 and section 420 i.e. cheating, 465,467 and 471 of The Indian Penal Code, 1860.
Cybercrime is Classified under the four category:-
- Crime against Individual:
- Spoofing
Spoofing is the act to hide real identity to acquire something crucial or beneficial. It can be done in several ways, like mobile phone spoofing, email spoofing, website spoofing, Mack address spoofing, etc. depend upon the mens rea of the cybercriminal. Mainly the mobile and email spoofing is used to target the concrete person by sending the mail with the use of spoofed mail address or diverging the call to spoofed phone number.
- Hacking
Hacking is the technique by which any system or device could be accesses by finding the weakness in it. For example, if the password of any system is weak then by using the password cracking algorithm it can be cracked easily.
- Cyber Defamation
Cyber defamation means to enunciate the defamatory material against a one using computer or internet. If someone publish some defamatory statement about some other person on website or by sending email with defamatory material to other person with the motive to defame the person about whom the statement is made would refer to cyber defamation.
- Cyber stalking
Stalking mean to festering, harassing, and following to foster personal interaction with any person called stalking. Cybercriminal first collect all the information of the targeted person from the internet, then start staking them.
- Crime against Government:
- Cyber warfare
Cyber war is the skirmish between two or more nations, where cyber warfare are the techniques used in the cyber war to come in the state of compromise to either party. This is the new generation approach for the war which can be done by hacking the websites or software to peril or threat to peril the other.
- Cyber Terrorism
Cyber terrorism is the significant burning issue at the worldwide concern. The common form of there terrorist attack is distributed denial of service attack (D DOS Attack). It is the use of the internet to conduct violent act that result in loss of life to or threat to it, in order to gain political gain through intimidation.
- Crime against Society:
- Online gambling
Online gambling is a sort of getting or gamble which is on cyber space as like on apps or websites where it will be in the form of sports, games or lottery, putting money which may create a greed. Batting and gambling is illegal in most of the states in India but legal in some other countries.
In the case of Public Prosecution vs Verajla Sheth (1945) the High Court of Madras stipulates that whereas gaming involve skills is are allowed and players can play with real money but, where betting or wagering involves wining or loosing stake depending solely on the occurrence on the uncertain event are not allowed.
- Cyber trafficking
Cyber trafficking is the use of internet to abuse children, all of the commodities available on the internet is the exploitation of children. Cyber trafficking is the dark word of slavery where underage boys and girls are placed in front of the webcam and are forced to perform sexual act with adult or other children.
- Crime against Property:
When someone vandalizing our online property is called crime against property, like try to threat money with the help of bank card details or others.
- Identity Theft
Identity theft mean to stole a personal information like name , adhar no. date of birth , DL no. or important bank detail which were lead to misuse of these information’s by making fabricated document on the same name or withdraw money on the base of information, etc.
- Pharming
In pharming there is an installation of some code in computer or server orchestratedlly by which the lead to reader act on the fake site, with that whenever you fill the information in it, it will automatically reach to the hacker system.
- Pishing
Pishing is the method of trying to accumulate the delicate information using deceptive email and websites, the aim is to trick an email recipient to believing that the message is to require the information of bank or instance or from someone other company and to click a link or download file.
In the case of Punjab National Bank v. Poona Auto Ancillaries Pvt. Ltd (2018) a deceit transfer of Rs 80.10 lakh from Matharu’s account of Punjab national bank, Pune after the latter answered a phishing email. Since the complainant responded to the phishing mail, the complainant was asked to share the liability. However, the bank was found negligent because there were no security checks conducted against fraudulent accounts opened to defraud the Complainant.
In the case of Shreya Singhal v. Union Of India. Court said that “Every expression used is nebulous in meaning. What may be offensive to one may not be offensive to another”. Hence the court ordered 66A as vocative of right to freedom of speech and expression and is not covered under the grounds of reasonable restrictions given under Article 19(2). The court also held that blocking of information for public access given under Section 69A of IT Act is constitutionally valid in nature.
References
Imtiazuddin Azinuddin Kazi v. Ani Technology Pvt Ltd: https://www.casemine.com/search/in/Call%20Center%20Pune%20Citibank%20
Section 43A IT Act: https://indiankanoon.org/doc/76191164/
Public Prosecution vs Verajla Sheth (1945):https://www.casemine.com/judgement/in/56e1091e607dba38966118cd#9
Shreya Singhal v. Union Of India: https://www.casemine.com/judgement/in/5dcfeb5146571b7a2b3af6b8
Section 66A IT Act: https://indiankanoon.org/doc/170483278/
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