Showing posts with label CYBER CRIMES IN INDIA. Show all posts
Showing posts with label CYBER CRIMES IN INDIA. Show all posts

Thursday, December 22, 2011

Internet Banking Risks In India

Technology has brought many benefits for banking consumers in India. However, technology has also given birth to many unforeseen challenges. Cyber security challenges of Internet banking in India have grown tremendously in the past. In fact, Internet banking in India is not cyber secure despite the recommendations of Reserve Bank of India (RBI). Banks in India are ignoring the cyber security due diligence requirements prescribed by Reserve Bank of India (RBI).

Internet banking is a very important aspect of Indian banking industry. Internet banking not only provides instant banking facilities but it also confers mobility to the account holders. However, cyber security of internet banking infrastructure of India is the need of the hour. Instances of theft of money through hacking of accounts of the accounts holders are fast becoming a trend in India.

This is partly due to the ignorance of the accounts holders and partly due to the weak cyber laws of India. The account holders are increasingly targeted for phishing attacks that result in loosing of sensitive banking information.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, the Information Technology Act 2008 has made most of the cyber crimes and cyber offences “bailable”. India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

This has resulted in an increased spate of cyber crimes including hacking of the e-mail IDs of the Internet banking users and stealing of their money.

Further, India has also become one of the most endemic surveillance societies of the World. Confidential information is already vulnerable and with the proposed Indian plans of installing key loggers at cyber cafes, the same would exclude the use of cyber cafes for these purposes. Although cyber cafés are not a good place to transact confidential matters yet with a poor Internet penetration in India this may still happen, says Dalal.

With a weak cyber law, lack of cyber security awareness and increasing e-surveillance initiatives in India, Internet banking disputes are bound to increase in India. The government is least bothered about these issues and ultimately the account holders would have to bear the financial losses.

Friday, November 25, 2011

Police In India Is Not Comfortable With Cyber Crimes

Cyber crimes in India are increasing at a rapid rate. However, the cyber law of India is not strong enough to deter these cyber crimes and common man has to suffer the results of this weak cyber law of India.

Further, the law enforcement agencies of India are not well trained to deal with cyber crimes. If a person whishes to lodge a first information report (FIR) with the police for a cyber crime, he is discouraged by police in every possible manner.

If you seek an explanation from the police officers for this behaviour they would candidly tell you that they lack the necessary expertise to deal with cyber crimes. If police force is not at all aware of cyber law there is no chance that it can solve many sophisticated cyber crimes.

Cyber crimes investigation in India is not satisfactory at all. Police forces lack cyber crimes investigation capabilities in India. Cyber skills development in India for police forces is need of the hour. Even the cyber crimes cells of India are not effective in successfully investigating and solving various cyber crimes.

The position has become so worst that now complainants of cyber crimes have to knock at the doors of high courts to get proper relief. Recently a Criminal Miscellaneous Writ Petition has been filed in Lucknow Bench of Allahabad High Court for transferring a cyber criminal cases against Facebook to Special Task Force (STF) or some other specialised agency of UP Police.

The petitioner a social activist Nutan Thakur approached the court after the local police failed to take any action in FIRs filed by her against Facebook over alleged use of criminally abusive language. The local police reported that they have no expertise in computers so they cannot proceed ahead.

Blaming the police force of India for this lack of expertise is not good. It is the duty of Indian government to suitably train the police force of India. Modernisation of police force of India is urgently required. Police force must be provided cyber crimes investigation courses and trainings in India.

Perry4Law Techno Legal Base (PTLB) is providing techno legal cyber law trainings for police agencies and various stakeholders. PTLB e-learning virtual campus manages various techno legal courses for stakeholders from around the world. Indian police force must get suitable trainings in the field like cyber law and cyber forensics from institutions like PTLB.

Tuesday, June 21, 2011

Cyber Defence Research Centre For Ranchi Stalled

Police in India is not very much comfortable with issues pertaining to cyber law and cyber security. Even if cyber crimes cells have been opened all over India they have not proved to be successful in the absence of adequate expertise.

India has also a very poor cyber crime conviction rate. The reason behind this is the police officers, lawyers and judges themselves are clueless about cyber crime.

Even if police force of India tries to make itself tech savvy, red tape and other governmental hurdles do not allow them to do so. For instance, the cyber defence research centre (CDRC), once proposed by the state of Jharkhand, seems to be the need of the hour with the government's official website being hacked twice in the past and recent successful cloning incidents of ATM cards at fuel pumps. In spite of alarms raised in the past by cyber experts in the capital and senior police officers, the proposal for CDRC constitution is yet to receive final nod of the government. The proposal for constitution of CDRC was sent to the state government for approval in March 2010.

The CDRC would constitute one chief technological officer (CTO) and two senior advisers from IT sector besides three cyber security professionals to be appointed from among civilians. The rest of the positions would be filled up by policemen trained in cyber security.

Special Branch IG S N Pradhan said once the CDRC was in place, Jharkhand would be one among the main centres of cyber security in India. Pradhan added that the centre would not only check cyber crime in state but also conduct high end research on cyber security and carry out cyber forensic tests to extend assistance to the security professionals at national level.

Till now, Perry4Law and Perry4Law Techno Legal Base (PTLB) are managing the exclusive techno legal cyber security research, education and training centre of India (CSRTCI). Perry4Law and PTLB are also managing the exclusive techno legal cyber forensics research and training centre of India.

Despite various efforts, the law enforcement and intelligence agencies in India seem to be helpless in front of modern technological crimes like cyber crimes in India, terrorism and cyber-terrorism. India needs to tackle this problem as soon as possible.

Monday, February 21, 2011

India Should Take Cyber Forensics Seriously

It is no secret that criminals are using information technology for various nefarious activities in India. It has become very important for law enforcement agencies, security agencies and legal and judicial members of India to understand technology.

Police force plays an important role in maintaining law and order in the society. Police force is also the first level of interaction that brings together cyber crimes, high tech crimes and terrorist activities and investigation techniques. Thus, police force must be well versed with and must have sufficient training for cyber law and cyber forensics issues.

When cyber criminals and terrorists are using technology, police force and security agencies of India cannot afford to be indifferent towards the same. India has limited cyber forensics laboratories and they are already overburdened. This results in a backlog of cyber forensics investigations and crucial evidence cannot be produced before the courts at appropriate time.

Further, there is also an urgent need to have good cyber forensics research and training institutions in India. Presently, we have a single techno legal cyber forensics research, training and education centre in India. It is managed by Perry4Law Techno Legal Base (PTLB).

Home ministry of India must consider an active use of cyber forensics for effective fulfillment of its duties. The present initiatives of home ministry are far lesser than the required one. Cyber forensics is a very crucial and important field and India must appreciate its importance as soon as possible.

Monday, August 23, 2010

Cyber Law Of India Is Cyber Criminals Friendly

Cyber law of India is incorporated in the information technology act 2000 (IT Act 2000). It was amended through information technology amendment act 2008 (IT Act 2008) and from here started the real problem.

The retrograde amendment in the cyber law of India was the first step in the direction of inducing complete cyber anarchy in India. A good account of this cyber anarchy has been provided by Praveen Dalal, managing partner of Perry4Law and the leading techno legal expert of India.

The amended cyber law also made almost all the cyber crimes and cyber contraventions “bailable” thus making India a safe heaven for cyber criminals all over the world. Cyber crimes in India are increasing at an alarming rate due to this careless attitude of Indian government.

The cyber law of India carries many loopholes and has many lacunas. Cyber stalking is one such lacuna that must be addressed as soon as possible. Children and juveniles are especially vulnerable to cyber stalking and many times this stalking process result in committing of suicide by them.

A good initiative for protection of children in cyberspace has been launched by the HRPIC initiative spearheaded by Praveen Dalal. Similarly, to make the Indian cyber space more secure and robust, cyber security and cyber forensics initiatives have also been undertaken by Perry4Law Techno Legal Base (PTLB) and Perry4Law.

The ultimate call is for the Parliament of India to take that is escaping from its responsibilities towards Indians cyberspace either due to purpose and design or out of sheer lack of information technology related knowledge.

Friday, July 16, 2010

Law Enforcement Of India Needs Cyber Law Training

Law enforcement in India finds it really difficult to deal with technology related cases. There is an urgent need to train them in technology related fields. They cannot always seek outside help for solving cyber crimes and technology related crimes.

They must have techno-legal solution at their disposal so that cases can be efficiently and quickly solved. Further, they must also develop indigenous law enforcement intelligence capabilities.

One may frequently come across media claims that make the law enforcement of India tech savvy. The fact is that law enforcement in India is not at all aware of technology related issues.

Not only the law enforcement machinery of India must be trained in the field of cyber law but also they must have basic level cyber forensics training. Mere opening of cyber crime cell and conducting few workshops would not serve the purpose. Law enforcement in India needs long term and durable training.

Perry4Law Techno Legal Base (PTLB), a reputed cyber law training organisation, imparts cyber law training to law officials, judges, police officers, lawyers and corporate personnel. The online training sessions offered by the institution does not even require the learner to be physically present at the training venue. They can learn as per their convenience, from the comfort of their offices.

It would be a good idea if the government of India provides real and effective cyber law and cyber forensics training to police force of India. With growing incidences of cyber crimes in India this has become a much required necessity.

Wednesday, March 17, 2010

Technology Crimes Are Increasing In India

Cyber-crime has hit India with a vengeance, thanks to lax local laws and apathy on the part of the government. The rapidly technologically advancing nation is seeing a jump in cyber-crime like the developed world as more and more of the country is moving online.But whereas Western nations have implemented serious punishment for those convicted of online criminal activities, India’s sole cyber law, the Information Technology Act 2000 (IT Act 2000), has been weakened by recent amendments.

As a result of this laxity, more serious problems are now arising. With an increasing use of information and communication technology (ICT) for various public purposes, public safety and security is also at risk.

Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, has sent an open letter to the government of India including the Prime Minister, the President, the Supreme Court of India, and the Ministry of Parliamentary Affairs to bring to their attention the increasing threat of cyber-crimes in the country.

Reacting immediately, the Law Minister M. Veerappa Moily announced the enactment of separate laws and the formation of a specialized agency to handle cyber-crimes, although no further progress has been made in that direction so far.

According to experts, Indian law enforcement lacks the necessary training to deal with cyber-crimes. As a result, they have been known to avoid registering and investigating such crimes. Similarly, cyber law has not yet picked a pace wit the lawyers and judges as well.

India must urgently do something about the growing cyber crimes. The first step must be to enact strong and effective cyber laws. Further, the government must also provide suitable training to the police officers, lawyers and judges in India. The netizens must also take proper precautions while dealing online to avoid being victim of cyber crimes.

SOURCE: TECHJOURNAL

Wednesday, March 10, 2010

Cyber Crimes In India Are Growing Incessantly

Cyber crimes in India are increasing at a rapid rate. The matter is made worst by a weak and ineffective cyber law of India. Though the law minister of India had declared for a separate enactment to deal with growing cyber crimes yet the proposal seems to have been dumped for the time being.

In India cyber crime are tried under both the traditional Indian Penal Code and the Information Technology Act, 2000 (IT Act 2000). However, police is not aware of the minutiae of the cyber law of India. This makes it extremely difficult to prove most cyber crimes, says leading techno-legal expert of India Praveen Dalal.

Even under the IT Act 2000, cyber crimes investigations in India are not up to the mark. This is because of lack of “cyber forensics” capabilities. The collection and presentation of electronic evidence to prove cyber crimes have posed a challenge to investigation, prosecution agencies and the judiciary in the absence of legal enablement of ICT systems in India.

Cyber-related techno-legal acumen and knowledge are not well developed in India. These require a sound working and practical knowledge of information technology as well as relevant legal knowledge. Cyber laws, international telecommunications laws, cyber forensics, digital evidencing and cyber security pose difficult and sometimes hard to understand legal challenges to the courts. This explains why there are almost no convictions of cyber criminals in India. Judges in India must fill in this legal gap.

India needs a good combination of laws and technology, in harmony with the laws of other countries and keeping in mind common security standards. In the era of e-governance and e-commerce, a lack of common security standards can create havoc for global trade as well as military matters.

Information technology is a double-edged sword that can be used for destructive as well as constructive work. It has now created a fifth dimension in addition to land, sea, air and space, though unlike the other four dimensions, it is completely made and controlled by humans. Till now India has absolutely failed to control this fifth element. Let us hope that the Indian government would do the needful as soon as possible.

Monday, February 1, 2010

Cyber Security Of India

Policy making requires tremendous insight and far sightedness. The same is missing in India, at least regarding the areas of cyber law and cyber security. On the one hand India has a weak and criminal friendly cyber law whereas on the other hand it does not possess tech-savvy law enforcement machinery. Even lawyers and judges are not that much aware about the nitty-gritty of cyber laws.

This fact is evident from various decisions taken from time to time by various departments of Indian government. Whether it is the home ministry banning the use of Internet or chief justice of India recommending banning of pornography and hate sites or removing of bank account details from the sites none is appreciating the true requirement of Indian cyber law.

The fact remains that India is confused and is taking wrong decisions and is investing on the futile projects. For instance, blocking of a website can be simply bypassed by using proxy servers. Similarly, “phishing” is more dangerous and requires more stringent actions then merely removing the bank account details, enhancing cyber security of various government departments is more effective then banning the use of Internet, etc.

If this was not enough, India did what no nations would dare to do so. It made almost all the cyber crimes “bailable”. India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. By succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India.

According to the ICT Trends in India 2009 by Perry4Law, Indian efforts for streamlining use of ICT have further degraded from 2008. The year 2009 saw some major ICT pitfalls and bad decisions were made by the Indian government. Overall the year 2009 can be said to be “Blunder ICT Year” of India.

With these negative developments incessantly happening in India, not much can be expected from Indian government. However, a new ray of hope has been shown by law minister of India by stressing upon separate and effective laws to tackle cyber crimes in India. Only time would tell whether it is another “press statement” or India would be able to tackle the nuisance of cyber crimes.

Similarly, efforts must be made to strengthen cyber security of India especially keeping in mind the growing dangers of “cyber terrorism” and “cyber war” that India is facing. Even cyber security for defence forces of India must be streamlined. However, nothing is more pressing than safeguarding the critical ICT infrastructure of India. Since the legislature in India is almost an extension of executive branch, the political will of the executive must be gathered. Some constructive steps must be urgently taken for ensuring strong cyber law and effective cyber security in India as soon as possible.

AUTHOR: GUNJAN SINGH

SOURCE:
GROUND REPORT

Friday, January 15, 2010

India Needs Good Cyber War Capabilities

Cyber War and Cyber Terrorism are matters of grave concern to all countries. Equally important are the issue pertaining to cyber security of defense forces in India. These issues are important as they strike at the very root of the critical ICT infrastructure protection in India. While countries like US and Russia are negotiating to limit the impact of cyber wars, India is not doing the needful in this regard. Cyber War Capabilities should be an Integral Part of Indian National Defense and Security says India’s leading Techno-Legal Expert Praveen Dalal.

The military version of cyber war has the potential to be as serious as a nuclear war in terms of creating chaos. It could crash power and water supplies, as well as trashing the global financial systems and information systems. Russia is in favour of an internet disarmament treaty, but the practical aspects are tougher than nukes ever were.

Malware are posing significant threat to India yet there is no attention towards cyber security in India. For instance, we need express provisions and specified procedures to deal with issues like denial of service (DOS), distributed denial of services (DDOS), bot, botnets, trojans, backdoors, viruses and worms, sniffers, SQL injections, buffer overflows etc. Till now India has done nothing in this crucial direction.

India is also suffering from the menaces of cyber war and cyber terrorism. Nobody cares about any these threats in India. Media reports claim that China’s intensified cyber warfare against India is becoming a serious threat to national security. In October 2007, Chinese hackers defaced over 143 Indian websites.

In April 2008, Indian intelligence agencies detected Chinese hackers breaking into the computer network of the Ministry of External Affairs forcing the government to think about devising a new strategy to fortify the system.

As a countermeasure, the Indian armed forces are trying to enhance their C4ISR capabilities, so that the country can launch its own cyber offensive if the need arises.

Similarly, Pakistan is taking steps to intensify its cyber war propaganda against India with the help of its intelligence outfit, the ISI by carrying reports of alleged communal fissures taking place on the Indian side of Kashmir. Issues like these have to be resolved as well.

India must immediately start working upon the issues like cyber war, cyber terrorism, critical infrastructure protection, etc in the larger national interest and national security.

SOURCE: MYNEWS

Thursday, January 7, 2010

Cyber Crime Police Stations Of India In Bad Shape

The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India.

India has a very poor cyber crime conviction rate. As per DG of Corps of Detectives (CoD) D V Guruprasad the reason behind this is the officers themselves are clueless about cyber crime. It is of no use setting up cyber crime labs when the cyber criminals cannot be convicted. As for training judiciary and prosecutors this process should have initiated a long time back when the cyber-law was passed. The cyber crime police stations/cells/labs established by NASSCOM have absolutely failed to make any difference in this regard.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “This was bound to happen as the government of India is not at all serious about tackling the menace of cyber crimes in India. Rather than strengthening the cyber law of India, it has diluted the same and made it criminal friendly through the Information Technology Act 2008”.

In the absence of a stringent cyber law of India and lack of proper techno-legal training of lawyers, judges and police officers not much can be expected from Indian legal and judicial system of India. A special emphasis must be given to the training of police officers, lawyers and judges in the field of cyber forensics.

India must engage in good capacity development initiatives rather than merely opening cyber crimes cells and achieving cyber crimes tackling capacities on papers alone. The first step must be to strengthen cyber law of India and then steps must be taken to provide adequate training to the players involved in dealing with cyber crimes in India, says Praveen Dalal.

What Made India A Safe Heaven And Cyber Crime Harbour For Cyber Criminals?

Cyber Law in India is an essential part of Information and Communication Technology (ICT) regulations in India. ICT has brought before the government of India (GOI) certain challenges that it was not willing to accept and rectify. The worst among them are coming in the form of technology-assisted terrorism and cyber terrorism.

Cyber crimes in India are also increasing in the absence of a strong and stringent cyber law i.e. Information Technology Act 2000 (IT Act 2000). The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India.

Even cyber law enforcement is a big challenge in India. The law enforcement and intelligence agencies in India seem to be helpless in front of modern technological crimes like cyber crimes in India, terrorism and cyber-terrorism. India needs to tackle this problem as soon as possible. However, nothing concrete is happening in this direction. So where does the problem lie?

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India “The problem seems to be multi-faceted in nature. Firstly, the cyber law of India contained in the IT Act, 2000 is highly deficient in many aspects. Thus, there is an absence of proper legal enablement of ICT systems in India. Secondly, there is a lack of cyber law training to the police, lawyers, judges, etc in India. Thirdly, the cyber security and cyber forensics capabilities are missing in India. Fourthly, the ICT strategies and policies of India are deficient and needs an urgent overhaul. Fifthly, the Government of India is indifferent towards the “ICT reforms” in India. This results in a declining ranking of India in the spheres of e-readiness, e-governance, etc. While International communities like European Union, ITU, NATO, Department of Homeland Security, etc are stressing for an enhanced cyber security and tougher cyber laws, India seems to be treading on the wrong side of weaker regulatory and legal regime.”

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the IT Act 2008 the things have become worst. The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them. There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

We need to stress upon sound cyber laws with effective law enforcement. We need to train police, lawyers, judges, etc for ICT-related laws and procedures. However, nothing is going to happen till the matters are taken care of at the national policy level.

Tuesday, January 5, 2010

Law Enforcement Debacle In India

Law enforcement in India is conducted by numerous law enforcement agencies. At the Union (federal) level, the agencies are part of the Union Ministry of Home Affairs, and support the States in their duties. Since the federal nature of the Constitution of India mandates law and order as a subject of the State, the bulk of the policing lies with the respective States and territories. Larger cities also operate metropolitan police, also under the State government. All senior police officers in the State police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS).

Law enforcement in India is passing through a bad phase. It is facing many challenges. For instance, there is an urgent need to “reconcile” the interests of State and Center while maintaining law enforcement problems in India. Further, Law enforcement and intelligence agencies are virtually governed by no law in India. The government of India has still to enact suitable laws in this crucial direction. In the absence of the same, there are great chances that instances of lack of mutual understanding and cooperation between Center and State police force may increase. Similarly, law enforcement in India is also not well equipped to tackle new age crimes like cyber crimes. In such eventuality it is difficult to believe that India can manage an ambitious project like Crime and Criminal Tracking Network and Systems (CCTNS).

The law and order situation in India is under great strain. It is very important that law enforcement in India should be so equipped that they operate on the frontiers of modern knowledge. They should be well versed in subjects like cyber crimes, in the disaster management activities of the State because in India disasters are now becoming more and more frequent. At a time when the trust and respect for judiciary in India is declining, weak and deficient law enforcement machinery is the last thing India needs. There is an emergent need of legal, judicial and police reforms in India.

SOURCE: MYNEWS

Tuesday, December 29, 2009

Weak Cyber Law Of India Is Resulting In Increased Cyber Crimes In India

Cyber crimes in India are increasing in the absence of a strong and stringent cyber law i.e. Information Technology Act 2000 (IT Act 2000). The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India. Even cyber law enforcement is a big challenge in India.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the IT Act 2008 the things have become worst. The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders.

He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India.

There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

The worst part is that India has also enhanced e-surveillance to further aggravate the problem. The netizens are not safe from cyber crimes and now even the State would infringe their Human Rights and Fundamental Rights. The increased e-surveillance along with unregulated censorship powers has made India cyber law an instrumentality of cyberspace exploitation of netizens rights in India.

SOURCE: MYNEWS

Thursday, November 26, 2009

Cyber Crimes In India Must Be Taken Seriously

Cyber law of India was originally enacted in the year 2000 in the form of Information Technology Act, 2000 (IT Act 2000). The same was dealing with certain specific (not all) cyber crimes including hacking.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the Information Technology Amendment Act 2008 (IT Act 2008) the things have become worst.

The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India. There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

SOURCE: GROUND REPORT

Thursday, August 20, 2009

India Is Heading Towards The Cyber Crime Nation Of The World

Thanks to the weakest cyber law of the world, India is heading towards becoming the cyber crime nation of the world. This is not the first time that similar concerns have been raised. Previously, Praveen Dalal, Managing Partner of Perry4Law, the leading techno-legal ICT law firm of India has cautioned that India is not only suffering from malware attacks but is also emerging as the focal point for cyber crime activities.

India is fast emerging as a major hub of cybercrime as recession is driving computer-literate criminals to electronic scams, claimed a study by researchers at the University of Brighton.

Titled 'Crime Online: Cybercrime and Illegal Innovation', the study states that cybercrime in India, China, Russia and Brazil is a cause of "particular concern" and that there has been a "leap in cybercrime" in India in recent years, partly fuelled by the large number of call centres.

"One recent report ranked India in 2008 as the fourteenth country in the world hosting phishing websites. Additionally, the booming of call centres in India has generated a niche for cybercriminal activity in harvesting data", the report maintained.

It is sad that India is doing nothing to improve this position. There is an emergent need to reformulate Indian cyber laws like IT act, 2000 and make them more stringent and effective.

Sunday, August 16, 2009

Technological Harrasment Is Increasing In India

A real estate agent based in Bangalore was arrested in Chennai on Sunday for allegedly harassing Tamil film heroine Sneha by sending frequent text messages on her mobile phone urging her to marry him.

Sneha had on Saturday submitted a complaint to the city police commissioner T Rajendran claiming that she was receiving text messages bordering on sexual harassment on her phone from an unindentified person. The sender was pestering the heroine to marry him.

The police commissioner forwarded the complaint to the cyber crime wing. An investigation team headed by assistant commissioner of police (cyber crime) M Sudhakar traced the mobile number to N Raghavendra of Bangalore. He was tracked down and arrested from T Nagar in Chennai.

This is the second instance of a film star being harassed by a love-struck fan in the recent past in Tamil Nadu. Earlier, a Malaysia-based diehard female fan of top actor Suriya had come under police scrutiny when she repeatedly called him at odd hours urging him to marry her. That incident happened two years ago.

In the present case, police have registered a case under various sections and arrested Ragavendra. He was remanded in judicial custody after being produced before the XI metropolitan magistrate court in Saidapet on Sunday. Police recovered his mobile phone and sent it to the cyber lab for verifying whether he had sent the text messages to Sneha using this mobile phone.

"Based on information provided by the service provider, we located the address of Raghavendra and questioned family members in Bangalore about his whereabouts. Raghavendra had actually come down to Chennai to meet some of his business associates. Subsequently, we traced his whereabouts city using his mobile phone tower location. On an indication that he was somewhere in T Nagar area, we accosted one of his friends and asked him to talk to Raghavendra to trace his exact location. Based on this information, a police team nabbed Raghavendra in front of a hotel in T Nagar and took him into custody," deputy commissioner of police (central crime branch) C Sridhar told The Times Of India.

Initially, Raghavendra denied the allegation but later conceded to having sent the text messages to Sneha. Raghavendra, a B Com graduate, had trained in an auditor's office in Bangalore and is now engaged in the real estate business. He was acquainted with realtors in Chennai and used their contacts to tap potential buyers of properties here; he often travelled to the city.

"He claimed to have got Sneha's mobile number from a contact in Chennai last year and from then on he had been sending love text messages to her. Initially Sneha ignored these messages, but she took it seriously when she received messages with an intimidating tone," a police officer said.

SOURCE: TOI