Cyber Crimes Precaution And Prevention

Published Date: 02 Nov 2017

13.1. Introduction

Whole world is now increasingly dependent on computer and internet services. Almost all the social and economic activities have shifted to computers and internet including match-making, accounting, business, banking, cash disbursal, etc., when majority of human activities are being shifted to cyber space, than criminal relatives is naturally to shift to cyber space. We have to now gear up to face it and make devices to prevent it.

The cyber-crimes are comparatively more serious due to the internet characteristic and network functioning. Its global nature and scope of anonymity is an encouraging factor for the cyber criminals. Criminals are able to use the technology to conduct their activities in much sophisticated manner with relative safety because they may operate even from their homes and continents away from the actual "scene of crime". The important factors, which facilitate the vulnerability of cyber-crimes, are density of information and process in the network, comparatively easy accessibility to the system, vulnerability due to dependence on telecommunication systems and uncertainties of the complex logical processes.

We cannot tackle hi-tech cyber-crimes in the traditional and concurrent ways. We have to make innovative strategies and effective technologies to combat menace of cyber criminals. The e-commerce and e-banking is now major target to cyber offenders and they may result in huge financial losses. It is high time that each of financial institutions must have a technological expert to keep a watch on their system.

13.2. Awareness and Law Reforms

Present experiences with cyber-crimes are showing that the traditional laws, enforcement agencies and concurrent, preparedness are guide inadequate enough to deal with cyber-crimes. Police officers are not properly trained to deal with the situation. The investigating agencies are also not well trained to collect, seize and preserve the evidences concerning cyber-crimes. The Indian Information Technology Act, 2000, which is primarily meant to be a legislation to promote e-commerce, is not very effective in dealing with several emerging cyber-crimes like cyber harassment, defamation, stalking and so on. It is often said that, The IT Act 2000 is not comprehensive enough and does not even define the term' cyber-crime. In fact, the Act cites such acts under a separate Chapter XI entitled "offence", in which various crimes have been declared penal offences punishable with imprisonment or a fine but still there are several grey areas that exist within the law.

The well-known proverb "prevention is better than cure" may come to our help in the present situation. The adequate people's awareness and law reforms should be adopted at the earliest to deal with the hi-tech crimes. In the wake of creating public awareness against cyber crimes, an expert Mr. Shailesh Zarker suggests a few security tips1 as follows :

(a) Avoid giving out any information about yourself in chat room.

(b) Children should never arrange face-to-face meetings or send their photographs online without informing their parents.

(c) Use the latest anti-virus software, operating system, web browsers and e-mail programmes.

(d) Check out the site your are doing business with thoroughly. Send credit card information only to secure sites.

(e) Use a security programme that gives you control over cookies that send information back to website. Letting all cookies in without monitoring them could be risky.

(f) If you own a website, watch traffic and put host-based intrusion detection devices on your servers. Monitor activity and look for any irregularities.

(g) Put in a firewell and develop your content off line.

(h) Make sure web servers running your public site are phYSically separate and individually protected from your internal corporate network.

(i) Protect your database. If your website serves up dynamic content from a database, consider putting that database behind a second interface on your firewell, with tighter access rules than the interface to your server.

j) Back up your website after every update, so you can re-lauch it immediately in case of a malacious defacement.

Besides awareness and any matter should be reported immediately to the police, it is also important that the user must try and save any electronic information trail on their computers.

13.3. Improving Criminal Justice Administration

The law enforcement agencies, legal and judicial communities now require developing new skill to combat with the challenges presented by computer crimes. The growing sophistication of telecommunications systems and the high level of expertise of many systems operators complicate significantly the task of regulatory and legal interventions.2 The ignorance of sophisticated techniques among the law enforcing agencies and the familiarity with electronic complexity in the general population is contributing to the rapid increase in cyber crimes. It is, therefore, now urgent to educate these agencies about the complex computer techniques so as to make them competent in enforcing the law. Law enforcing agencies, legal and judicial communities need to develop minimum level of skills and expertise to understand the complexities of the computer networks and sophisticated telecommunication systems so as to effectively deal with their possible misuse and indulgence in criminal activities.

Gone are the days when the computer crimes were maintained limited to the economic activities and therefore, the law enforcing agencies were given the training to deal with the economic offences such as fraud, embezzlements, etc. But after advent of internet revolution all around the world gripping the entire population of the world, the cyber crimes have acquired several forms affecting vast areas and have reached all the forms of traditional crimes including women and drug trafficking, industrial, banking and military espionage, etc. Therefore, the training and awareness campaign cannot be limited to the level of any group of personnel on the law enforcing agencies but has to be extended to all organisations involved in cyber crimes prevention endeavours.

U.N. Manual on the prevention and control of computer related crimes have identified five areas in which appropriate training should be given to all the members of judicial administration and enforcement agencies. These areas are as ollows:

(a) Knowledge of Difference between Civil Wrong and a Criminal Wrong: Since all forms of computer abuse may not constitute a 'criminal offence, it is essential that persons concerned must be able to differentiate between the civil wrongs and the criminal wrongs. The law enforcing agencies, therefore, must be trained properly as to which activity or abuse of computer shall amount to a civil wrong or constitute a criminal offence.

(b) Both Technology and Computer Trainings : Police must introduce compulsory computer training to all its officers involved in detection, investigation and prevention of cyber crimes. Such training should include both computer and technological trainings. In the lack of appropriate, technological and computer trainings police personnel may commit serious error in the course of their duty. For example, Mumbai Police once raided a house for alleged cyber crime but seized only monitor and not the CPU (Central Processing Unit). The police officers, therefore, must have the adequate technical knowledge. All persons involved in both prosecution and judicial duties must have adequate technical knowledge to be able to perform the work of prosecution and adjudication properly.

(c) Ability to Preserve Evidence and Present it Before the Courts: The task of collection of evidence in the paperless transaction of cyber world have become a challenging job. It differs from the traditional forms of evidences. It is, therefore, now essential that the legal system of present day must change so that the investigators may be able to search, collect, maintain, preserve and present it before the courts in a fair and proper manner. It is necessary because only well skilled personnel can handle computer datas so that there may not be the risk of damaging or modifying the original data.

(d) Involvement of the International Nature of Problem: In order to deal with cyber crimes, the investigation must be able to understand and deal with international issues, including extradition, mutual assistance, concerned laws, etc. Due to the global nature of cyber crimes, the investigators are required to have fair knowledge of laws of evidence, criminal procedure and data protection of other legal, jurisdiction while pursuing international investigation regarding cyber crimes.

(e) Rights and Priviledges of Involved Parties: UN further envisages that there should be training programmes for the personnels involved in the cyber crimes' investigation and adjudication so that they may be aware towards the rights and the priviledges involved in the cyber crimes. UN also desires that the Criminal Justice Administration also must be sensitive towards this problem. This is necessary because the credibility of the enforcement agencies involved in various jurisdiction depends upon their equitable application of law. If aspect of human rights and privileges are taken into consideration, this gesture will help in winning confidence of the people in general in the administration and as a result the victims and others coming into the knowledge of cyber crimes shall come fonvard with information and cooperation.

13.4. Increasing International Cooperation

The harmonisation of criminal and cyber laws at international level and cooperation between countries are now very essential for tackling the problem of cyber crimes. The advent of internet has virtually broken the national boundaries and whole world has not turned into a global village. The efforts at the level of organisation like OECD, UN, Council of Europe, etc., are afoot for increasing international cooperation. The convention of European Council has taken resolution to increase international cooperation among member countries for the timely assistance to each other in preventing and detecting cyber crimes.

Some private organisations and universities have also come forward for strengthening international cooperation for the sake of checking cyber crimes. Stanford University, for example, has organised a conference on International cooperation to fight against terrorism and cyber crimes in December, 1999 and resolution was introduced in August, 2000.3 The international organisations, such as Interpol, are also making efforts in the field. Interpol organised first training camp to train investigators of cyber crimes in 1981. Thereafter several seminars were organised in different parts of the world.

U.S. Attorney General in January, 2000 suggested state and local law enforCing agencies to adopt the following measures to:

(a) Establish a 24-hours cyber crimes point of contract network where law enforcing agencies belonging to federal, state and local law enforCing agencies may meet with each other to exchange their information. Their contact should be coordinated through a centralised "command centre".

(b) Create an online clearing house for sharing information to avoid duplication of effort and multiple investigation of the unlawful conduct in the cyber world.

(c) Organise conferences of all state and local cyber crime investigators annually or bi-annually for discussion on recent developments, sharing of cases, progresses, enforcement of networks, etc.

(d) Develop new additional policies and mechanism to increase international cooperation between world's law enforcing agencies and investigators and to encourage coordination among them.

Cyber crime cannot be checked unless it is made an offence all over the world. We cannot control cyber crime in the situation when one country's laws declares it a criminal offence and another country's law do not. So, it is now necessary to establish global cooperation to solve the crime and to make possible the extradition of criminals for effective trial.

13.5. Curricular Endeavours and Checking Kids' Net Addiction

Children are one of the most easy victims of cyber crimes. The increasing obsession of children towards the internet chat and games is matter of serious concern. Media has highlighted many cases of obsessed internet garners, some of whom have flunked out of school, committed suicide or murder. Internet cafes continue to thrive, with outlets in even the smallest and poorest of villages.

According to officials figures, China has the world's second largest online population, about 94 million, after the U.S.4 and has also the largest number af kids having Net addiction. China is the first country to establish officially licensed clinic for internet addiction. Dr. Tao Ran of the clinic says about the children undergoing treatment here, "They are suffering from depression, nervousness, fear and unwillingness to interact with others, panic and agitation. They also have sleep disorders, the shakes and numbness in their hands." Further says, "All the children here have left school because they are playing games or in chat rooms every day. "5

Popular computer games for children having hidden sex trips are also producing adverse effects on their mind. For example, the latest version of a popular game called 'The Grand Theft Auto (GTA)' looks like any other action packed 3D animation fare in which the player goes on a mission down city lanes. The innocent user will play within the apparent boundaries of an imaginary city, modelled after Los Angles. But many young users all over the world, including India, are downloading a free patch (a set of software codes, usually created by a hacker) from the internet that suddenly gives access to hidden alley. Dr. Harish Shetty, a noted psychiatrist, says, "Parents do not know much about the games that their children are playing. In fact, some parents gift such games. All that parents see on the children's computer monitor are stars, rockets and the moon. With a mouse click the children hide what they do not want the parents to see. I would advise the parents to trust their kids but keep their eye open."6

Although some games with explicit sexual content are clearly labelled" A", the games like the Grand Theft Auto does not come with such a warning, obviously because the creators intended to hide the sexual content.

The time has how come when the children and even adults should be given lessons about acceptable online behaviour so that internet may remain a safe and useful medium. There is also need to educate the people on the danger being posed by cyber crimes and how the people can reduce the dangers of cyber crimes. Thus, there is need to introduce safety measures in the curriculum of universities and colleges.

13.6. Role of Guardians

The parents and guardians have an important role to play in moulding the character and conduct of their children in the society. They can also play an important role in protecting children from the ill effects of cyber space. Since home is the first school, they may teach their children how to use internet and avoid the harmful sites with greater responsibility. The following are the some of the safety measures which guardians may adopt to protect their children from harmful effects of internet7:

(a) They should not give any kind of personal information. Such as residential address, school's home, telephone number, etc., in chat room or bulletin board.

(b) One should not leave photographs on websites.

(c) Children should not be allowed to face-to-face meeting with other computer users without guardian's permission.

(d) Guardians should keep an eye on the children's companions.

(e) Children should be encouraged to inform parents about any message received by them.

(f) Children should be asked not to respond to message which are obscene, suggestive, belligerent, threating.

(g) Computer should not be kept in children's bedroom and the online use of computer by them should be monitored.

(h) Guardians should know the online friends on their children as they know about their other friends.

(i) Parents should permit limited use of internet to their children.

There are many websites which provide appropriate guidelines for the parents and make available necessary software programmes for checking the children's access to improper materials. The school teachers and libraries may also provide appropriate guidance to the children.

13.7. Mobile Pornography: No Nearer Solution in Sight

In the last few years, technology in the area of electronic communication has developed to such an extent that it is capable of being misused and abused. But there is no technological device nor there is specific legislation to deal with the abuse of electronic data which has been doctored. The Information Technology Act, 2000 is not really equipped to deal with the day-to-day problems of offensive electronic message.

According to the law, any form of electronic communication which tends to "outrage the immodesty" of a person infringes on personal or family relationships is an invasion of privacy. It is engraved as a fund!lffiental right under Article 21 (right to life and personal liberty) of the Constitution, and every person is entitled to safeguard such privacy. The Supreme Court has held that the right to privacy is a part of fundamental right and held further that even a woman of easy virtue is entitled to privacy and no one can invade her privacy as and when he likes.

However, the technological advances in the age of downloads and hi-tech handsets have been so sweeping that the law-makers have evidently not reckoned with them.8 For example, the case of Pune landlord who installed a camera in a toilet and caught his lady tenants in a compromising situation. And also in the case of BPO in Mumbai who captured two of its employees "making out" a 100. The BPO wanted to sack them but the duo, in turn, accused the company of violation of their right to privacy. The company refrained from taking any action.

The IT Act bans dissemination of obsence images and makes such action punishable by up to five years. It is cognisable but its implementation is far from satisfactory. For instance, Mallika Sherawat's lawyer has sought a police investigation into MMS under the IT Act. But police demanded the copy of MMS clip to proceed with. Police finds it difficult to establish the source and hence chance of conviction are hard to come by.

The number of MMS messages are now increasing very rapidly. Last new year's night, 60 million MMS greetings were passed. A billion message are sent every month.9 At an average rate of one rupee per message, it is a considerable sum of earnings. Service providers are also planting porn messages. Now nearly 57 million persons have cell phones that allows MMS. That's why the issue of MMS pornography is increasing at alarming extent.

13.8. Self-regulation in Cyber Space

Self-regulation is also an important strategy, which is the strategy of adopting soft laws for self-regulation by the users and service providers of the internet. Such self-regulatory device is popularly known as "Netiquette", which are in fact gentlemen's agreement and can be very effective in calculating the proper behaviour amongst the Net users. Services providers may play an important role in developing and implementing properly these Netiquettes. They can make such regulations a part of their service contract with condition to that effect that any violation shall lead to discontinuouance of service. For example, the user guidelines of Sunrise Internet Service contains such type of conditions.

The Department of Justice and the Information Technology Association of America (ITAA) has initiated a joint campaign to educate and raise awareness of computer responsibility among the users. They have also initiated a national compaign to educate and arouse consciousness of computer responsibility and to provide resources to empower concerned people. Such awareness programme should now be made a part of the schools and colleges' curricula to create awareness among cyber citizens.

13.9. Conclusion

The awareness and capacity building among cyber people and law enforcing agencies should be given the top priority. The role of parents and teachers in moulding the cyber behaviour of future generation should also be given adequate priority. Strict enforcement of cyber regulations should be ensured at all levels. The major focus should be given to the international efforts of mutual cooperation.