Transcript New Age Cybercrime conference Novotel, Mumbai 29& 30th Oct

Cybercrime workshop
DPS Noida
20thMay 2010
Introduction to cyberspace laws
Karnika Seth
Cyberlaw & IP expert
Managing Partner,Seth Associates
Chairperson, Cyberlaws Consulting Centre
Introduction
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Seth Associates is a leading full service Indian
law firm that is internationally networked to
provide spectrum of legal services to its domestic
and international clients
Network of 2000 associate offices of Association
of European lawyers (AEA alliance) as foreign
associates
We maintain one of the strongest Cyberlaws
practice in India today. With more than a
decade's experience in Cyberlaws Practice, Seth
Associates recently established the World's first
integrated 'Cyberlaws Consulting Centre' at Seth
Associates
CCC- Cyberlaws Consulting Centre
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CCC renders cyber legal consultancy, cyber law
analytics and forensic services to its clients world
wide.
Work experience of handling cybercrime matters
with Delhi Police
Delivered training workshops to Delhi police on
dealing with cybercrime investigation cases
Recently authored a book titled ‘Cyberlaws in the
Information Technology age’ published by Lexis
Nexis Butterworths that elucidates the key
developments in the field of Cyberlaws across
many important jurisdictions—India, United
States and European nations
‘Cyberlaws in the Information Technology Age’
by Karnika Seth
Presentation plan
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What is cyberspace?
Regulating the internet
The Internet usage
categories of cybercrimes
Child exploitation on internet
Analysis of the cybercrime & Indian legal position
case studies
offences & penalties in IT Act,2000 possible reliefs to a
cybercrime victim and strategy adoption
Incident response
Legal recourse
safety tips & best practices
What is the Cyberspace?
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William Gibson in 1980s wrote
a science fiction named
Neuromancer wherein
computer hackers waged war
against secure data.
The setting had no physical
existence and was named
‘Cyberspace’ by Gibson.
Unique features - dynamic,
borderless space, anonymity,
speed, cost effective, marked
with rapid technological
advances
Regulating the Internet..
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Proponents of Cyberlaws believe
that one’s activities on the Internet
need regulation by framing laws
and rules that govern our activities
in the cyberspace. This branch of
law is termed as “Cyberlaws”
European Union, USA, UNCITAL
framed important laws to govern
cyberspace
UNCITRAL Model law of ecommerce 1996
EU data protection Directive
DMCA Act 1998 in USA
WIPO domain name dispute
Resolution policy
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Critics who advocate ‘no
regulation’ or ‘self regulation’ in
the Virtual space believe that
government should have minimum
interference in regulating the
cyberspace and its use of
surveillance or censorship
measures.
John Perry Barlow’s “Declaration
of the Independence of the
cyberspace” and David G. Post,
The “Unsettled Paradox”: The
Internet, the State, and the
Consent of the Governed, 5 IND.
J. GLOBAL LEGAL STUD. 521,
539 (1998)
Children using Internet-then and now
2000
2008
73% of teens use
internet
94% of teens use
internet
~8% with broadband at
home
73% with broadband at
home
<30% own a cell phone
71% own a cell phone
?? connect to internet
wirelessly
~70% connect to
internet wirelessly
= slow and stationary
connections
= fast and mobile
connections
Teen use of the internet intensifies
Teen internet users - go online daily
70
62
% of internet users
60
51
50
42
40
30
20
10
0
Dec-00
Nov-04
Feb-08
Types of Cyber crimes
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Credit card frauds
Cyber pornography
Sale of illegal articles-narcotics, weapons,
wildlife
Online gambling
Intellectual Property crimes- software
piracy, copyright infringement,
trademarks violations, theft of computer
source code
Email spoofing
Forgery
Defamation
Cyber stalking (section 509 IPC)
Phising
Cyber terrorism
Crime against Government
Crime against property
Crime against persons
Different Types of Cybercrimes
Cyber crimes
Web jacking
Hacking
Information
Theft
E-mail
bombing
Salami
attacks
Denial of
Service
attacks
Trojan
attacks
Cyber Threats in 2009 and Beyond
Report of Georgia Tech Information Security Center (GTISC)
Malware
Data thefts
Cyber warfare
Botnets
Threats to VOIP and
mobile convergence
Vectors & trends for cyber threats
Malicious attackers will install malware on
social networking sites leading to
increased phising scams, or stealing
data,etc- browser level protection needed.
Hackers will install malcode within video
Mash up technology used by web
applications to combine data/media from
multiple sources, locations and coding
styles may lead to increased corporate
espionage and other scams
Identity thefts will only increase and
botnets will be used for corporate
espionage and phising scams
Polymorphic exploitation- creation of
unique exploit with each user request –
signature based protection engines at
network or host level fail
Growing popularity of VOIP applicationsinstances of voice spam and voice
phising or smishing will increase.
Targeted attacks -Attack activity through
e-mail, Instant messaging ,P2P networks
will increase
Denial of service affecting voice
infrastructure
Cyber terrorist attacks will increase and
lead to cyber warfare- threat to nation’s
sovereignty
MMS scams will be on the rise and raise
issues of defamation and invasion of
privacy
content which will affect users accessing
video clips.
Source: Government Accountability Office (GAO), Department of Homeland
Security's (DHS's) Role in Critical Infrastructure Protection (CIP) Cybersecurity,
GAO-05-434 (Washington, D.C.: May, 2005).
Cyber threat
groups
Bot network
operators
Spyware
authors
Foreign
intelligence
Insiders
Phishers
spammers
Striking facts!
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According to a report compiled by
Panda Labs, in 2008, 10 million bot
computers were used to distribute
spam and malware across the Internet
each day.
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Annual take by theft-oriented cyber
criminals is estimated to be as high as
100 billion dollars and 97 per cent of
these offences go undetected,-CBI's
Conference on International Police
Cooperation against Cyber Crime,
March 2009
.
Internet & Child Exploitation
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Cultural & historical differences in definition of childhood
and attitudes towards children
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Work, slavery, marriage, prostitution
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Sexual contact with children defined as pedophilia
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Viewing children in sexual poses or sexual contact is child
pornography
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Internet has facilitated distribution
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Digital techniques of photographic modification and image
creation playing increasing role in generating child porn
Children on Internet could be victimized
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Cyber bullying
Child pornography
Child abuse
Cognitive distortions
Identity theft cases
Cheating & fraud
Lured into criminal activities
Theft of personal information
General concerns for children online
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May inadvertently or intentionally access adult
pornographic or violent material
Links or emails with innocent subjects that actually
contain pornography
Children being approached or observed in chat rooms
Children’s identities, location or vulnerability being
sourced from material available online
Social networking sites may introduce child
pornography
Unique problems arising from child pornography
on the internet
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Lack of borders/mobility
Differences in international law
Anonymity
Accessibility
Quantity
Satiation and subsequent increasing thresholds for content
Normalise deviant sexual interest
Desire to replicate scenarios viewed on the internet
Commercial trading
Peer-to-peer networks
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Huge digital collections
Encrypted files
Cyber Predators Statistics
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“…A child goes missing every 40 seconds in the U.S,
over 2,100 per day” (OJJDP)
In 2005, 662,196 children were reported lost, runaway, or
kidnapped (ncmec)
2/3 of all missing children reports were for youths aged 1517 (ncmec)
2/5 missing children ages 15-17 are abducted due to
Internet activity (ICAC)
Air force Bal Bharati School case , Delhi; class(XII) student
created pornographic site as revenge against his classmates
(girls) and posted pornographic images of his classmates
and lady teachers in internet. He was then suspended by
school and arrested by Police under IPC and IT Act; though
Juvenile Court allowed his bail thereafter.
Glaring Examples – Data thefts
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The incidents in the recent past involving Cyber Space have
highlighted the issues of privacy and data protection in India
The Pune scam was the first among the many BPO frauds that made international
headlines. In April 2005, five employees of MsourcE in Pune were arrested for
allegedly pulling off a fraud worth nearly 2.5 crore rupees from the Citibank accounts
of four New York-based account holders.
In June 2005, the British tabloid Sun, in a sting operation, purchased the bank
account details of 1,000 Britons from Karan Bahree, an employee of Gurgaon-based
BPO company Infinity E-Search.
The Noida MMS Scandal
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In February 2009, an MBA
student in Noida a boy
circulated video clip of his 23
-year-old-girlfriend doing
striptease for him to his
classmates using the girl's email id.
After the girl refused to marry
him, the boy who had access
to the girl's mail id and
circulated that MMS clip to
fellow students.
Police registered a case of
criminal intimidation following
a complaint filed by the girl's
family
Email spoofing:
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Pranab Mitra , former executive of Gujarat Ambuja Cement posed
as a woman, Rita Basu, and created a fake e-mail ID through
which he contacted one V.R. Ninawe an Abu Dhabi businessmen .
After long cyber relationship and emotional massages Mitra sent
an e-mail that ‘‘she would commit suicide’’ if Ninawe ended the
relationship. He also gave him ‘‘another friend Ruchira
Sengupta’s’’ e-mail ID which was in fact his second bogus
address. When Ninawe mailed at the other ID he was shocked to
learn that Mitra had died and police is searching Ninawe. Mitra
extorted few lacs Rupees as advocate fees etc. Mitra even sent emails as high court and police officials to extort more money.
Ninawe finally came down to Mumbai to lodge a police case.
The Information Technology Act,2000
and cybercrimes
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The Information Technology Act 2000 came into
force in India on 17 October 2000. It extends to
whole of India and also applies to any offence or
contraventions committed outside India by any
person (s 1(2),IT Act 2000).
According to s 75 of the Act, the Act applies to
any offence or contravention committed outside
India by any person irrespective of his
nationality, if such act involves a computer,
computer system or network located in India.
Main Features of IT Act,2000
Applicable to communications made
through cell phones ,PDAs
 Conferred legal validity and recognition to
electronic documents & digital signatures
 Legal recognition to e-contracts
 Set up Regulatory regime to supervise
Certifying Authorities
 Laid down civil and criminal liabilities for
contravention of provisions of IT Act,2000
 Created the office of Adjudicating
Authority to adjudge contraventions
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New cybercrimes
Hacking –
Section 66
Sending of
offensive false
messages(s.66
A)
Identity theft
(s. 66C)
Cheating by
personation
(s.66D)
Publishing
sexually explicit
content(s. 67A)
Violation of
privacy (s.66E)
Cyber terrorism
(s.66F)
Child
pornography
(s.67B)
Abetment to
commit an
offence(s.84B)
Stolen computer
resource(s.66B)
Attempt to
commit an
offence (s.84C)
Cognisability & bailability
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Most offences introduced by the 2008 amendments
prescribe punishment of upto 3 yrs , fine of one lac/2 lac
For hacking term of imprisonment remains upto 3yrs but
fine increased from 2 lakhs to 5 lacs
In S.67 imprisonment term reduced from 5 yrs to three yrs.
Fine increased from one lac to 5 lacs.
Most Offences are cognisable but bailable
This is a new challenge for cyberlaw enforcement
authorities- need quick action by trained investigators to
collect and preserve evidence as probability of tampering
increases .
IT (Amendment)
Act,2008
Legal recognition to
E- documents
& e-contracts
(Sec.7A,10A)
other Acts applicability
(Section 77 r/w 81)
Power to investigate
-Inspectors(Section 78,80)
Composition of CATInclude membersmajority decision
(Sec52D)
Special and General statutes applicable
to cybercrimes
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While the IT Act 2000, provides for the specific offences it has to
be read with the Indian Penal Code 1860 (IPC) and the Code of
Criminal Procedure 1973 (Cr PC)
IT Act is a special law, most IT experts are of common consensus
that it does not cover or deal specifically with every kind of cyber
crime
for instance, for defamatory emails reliance is placed on s 500 of
IPC, for threatening e-mails, provisions of IPC applicable thereto
are criminal intimidation (ch XXII), extortion (ch XVII), for e-mail
spoofing, provisions of IPC relating to frauds, cheating by
personation (ch XVII) and forgery (ch XVIII) are attracted.
Likewise, criminal breach of trust and fraud (ss 405, 406, 408,
409) of the IPC are applicable and for false electronic evidence, s
193 of IPC applies.
For cognisability and bailability, reliance is placed on Code of
Criminal Procedure which also lays down the specific provisions
relating to powers of police to investigate.
Incident Response – a precursor to Techniques of
Cyber investigation & forensic tools
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‘Incident response’ could be defined as a precise set of
actions to handle any security incident in a responsible
,meaningful and timely manner.
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Goals of incident responseTo confirm whether an incident has occurred
To promote accumulation of accurate information
Educate senior management
Help in detection/prevention of such incidents in the future,
To provide rapid detection and containment
Minimize disruption to business and network operations
To facilitate for criminal action against perpetrators
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Possible reliefs to a cybercrime victimstrategy adoption
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A victim of cybercrime needs to immediately report the
matter to his local police station and to the nearest
cybercrime cell
Depending on the nature of crime there may be civil and
criminal remedies.
In civil remedies , injunction and restraint orders , blocking
of websites, may be sought, together with damages,
delivery up of infringing matter and/or account for profits.
In criminal remedies, a cybercrime case will be registered
by police if the offence is cognisable and if the same is non
cognisable, a complaint should be filed with metropolitan
magistrate
For certain offences, both civil and criminal remedies may
be available to the victim
Before lodging a cybercrime case
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Important parametersGather ample evidence admissible in a court of
law
Fulfill the criteria of the pecuniary ,territorial and
subject matter jurisdiction of a court.
Determine jurisdiction – case may be filed where
the offence is committed or where effect of the
offence is felt ( S. 177 to 179, Crpc)
The criminal prosecution pyramid
Conviction/acquittal
Trial
Contents of charge
Issue of process –summons, warrant
Examine the witnesses
Examine the complainant on oath
Initiation of criminal proceedings-cognizance of offences by magistrates
Preparation for prosecution
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Collect all evidence available & saving snapshots of
evidence
Seek a cyberlaw expert’s immediate assistance for advice
on preparing for prosecution
Prepare a background history of facts chronologically as
per facts
Pen down names and addresses of suspected accused.
Form a draft of complaint and remedies a victim seeks
Cyberlaw expert & police could assist in gathering further
evidence e.g tracing the IP in case of e-mails, search &
seizure or arrest as appropriate to the situation
A cyber forensic study of the hardware/equipment/ network
server related to the cybercrime is generally essential
Defending an accused in a cybercrime
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Preparation of chain of events table
Probing where evidence could be traced? E-mail
inbox/files/folders/ web history
Has the accused used any erase evidence
software/tools
Forensically screening the hardware/data/files
/print outs / camera/mobile/pendrives of
evidentiary value
Formatting may not be a solution
Apply for anticipatory bail
Challenge evidence produced by opposite party
and look for loopholes
Filing of a cross complaint if appropriate
Amendments- Indian Evidence Act
1872
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Section 3 of the Evidence
Act amended to take care
of admissibility of ER as
evidence along with the
paper based records as
part of the documents
which can be produced
before the court for
inspection.
Section 4 of IT Act confers
legal recognition to
electronic records
Societe Des products Nestle SA case
2006 (33 ) PTC 469
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By virtue of provision of Section 65A, the contents of electronic records
may be proved in evidence by parties in accordance with provision of 65B.
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Held- Sub section (1) of section 65B makes admissible as a document,
paper print out of electronic records stored in optical or magnetic media
produced by a computer subject to fulfillment of conditions specified in
subsection 2 of Section 65B .
The computer from which the record is generated was regularly used to
store or process information in respect of activity regularly carried on by
person having lawful control over the period, and relates to the period
over which the computer was regularly used.
Information was fed in the computer in the ordinary course of the
activities of the person having lawful control over the computer.
The computer was operating properly, and if not, was not such as to affect
the electronic record or its accuracy.
Information reproduced is such as is fed into computer in the ordinary
course of activity.
a)
b)
c)
d)
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State v Mohd Afzal,
2003 (7) AD (Delhi)1
State v Navjot Sandhu
(2005)11 SCC 600
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Held, while examining Section 65 B Evidence Act,
it may be that certificate containing details of
subsection 4 of Section 65 is not filed, but that
does not mean that secondary evidence cannot
be given.
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Section 63 & 65 of the Indian Evidence Act
enables secondary evidence of contents of a
document to be adduced if original is of such a
nature as not to be easily movable.
Presumptions in law- Section 85 B
Indian Evidence Act
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The law also presumes that in any proceedings, involving
secure digital signature, the court shall presume, unless the
contrary is proved, that the secure digital signature is
affixed by the subscriber with the intention of signing or
approving the electronic record
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In any proceedings involving a secure electronic record, the
court shall presume, unless contrary is proved, that the
secure electronic record has not been altered since the
specific point of time, to which the secure status relates
Safety tips- Secure online connections
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Install and keep up-to-date anti-virus, anti-spyware, and
firewall
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Microsoft Malicious Software Removal Tool
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CCleaner (Free) http://www.ccleaner.com/download/
Anti-Spyware – A-Squared (free) http://download5.emsisoft.com/a2FreeSetup.exe
AVG Free http://free.grisoft.com/
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Use Commercial Web Filtering Software
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Free - http://www.k9webprotection.com/
Net Nanny (2007 best) http://www.netnanny.com/
Check internet cache
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http://www.microsoft.com/downloads/details.aspx?FamilyId=AD724AE0-E72D-4F54-9AB375B8EB148356&displaylang=en
@winspy (free)
http://www.acesoft.net/winspy
Spector Pro to track everything done on a PC
http://www.spectorsoft.com/products/SpectorPro_Windows
Live demo- sending fake e-mails and
reading headers ,phising attacks
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Use of www.fakemailer.net
Use of Who is
Dissecting header and body of an e-mail
message digest,
IP address
Return path
Sender’s address
Live demo phising- www.noodlebank.com,
www.nood1ebank.com
www.whois.sc
www.readnotify.com
The ten commandments of child protection in
cyberspace1.
Rules from “real” life apply: courtesy, kindness, modesty,
dignity, respect for the law and for others, etc.
2.
Don’t talk to strangers
3.
Keep your private information private
4.
Never agree to meet an online friend without your
parents
5.
There are no guarantees that what you say or post on the
Internet is private
The ten commandments of child protection in
cyberspace6.
Information (including photos, videos, etc.) posted on the
Internet can last forever
7.
Tell your parents if you encounter something
uncomfortable
8.
Don’t reply to unknown screen names on IM
9.
Never open e-mail from strangers or click on any
attachments
10.
Find the “good” online – good friends, good Web sites,
good games – and enjoy
Precautions are better than cure..
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Discuss and agree upon precautions
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People may not be who they say they are online
Encourage the use of pen names
Remove address and contact details from emails
Never respond to obscene or suggestive messages
Don’t send personal photos over the internet
Thank you!
SETH ASSOCIATES
ADVOCATES AND LEGAL CONSULTANTS
New Delhi Law Office:
C-1/16, Daryaganj, New Delhi-110002, India
Tel:+91 (11) 65352272, +91 9868119137
Corporate Law Office:
B-10, Sector 40, NOIDA-201301, N.C.R ,India
Tel: +91 (120) 4352846, +91 9810155766
Fax: +91 (120) 4331304
E-mail: [email protected]