Cyber Crime Litigation
In recent years, there has been a nationwide cybercrime litigation explosion and most of these cases look nothing like hacking. They involve all types of cybercrimes, wherein cyber criminals are using new Modus Operandi every now and then. We have professional expertise and handle all types of cyber crime cases.
Information Technology Act is the first technology related legislation in India. It came into force in the year 2000. Thereafter the first major amendment came into force in the year 2008. It covered Definitions of various Offences, Data Protection and Privacy in India. Netlawgic exclusively deals with cyber crime laws and has dedicated cyber crime lawyers, cyber law advocates and attorneys in Pune, India.
Liability of an Intermediary
Who are intermediaries?
Intermediaries are entities that provide services enabling the delivery of online content to the end user.
The legal provision:
Section 2 (w) of the Information Technology Act,2000 (IT Act, 2000) defines Intermediaries as – “intermediary”, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes Telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes.
What is safe – harbour protection?
The intermediaries like ISPs, web hosts, social networking sites and blogging platforms play an important role in dissemination of information by providing tools and platforms that allow users to access the Internet, host content, share files and transact business. Websites like Blogspot, Youtube and Facebook only provide a platform for users to post their content, and do not have any editorial control over this content.
Safe Harbour protection in India
The amended Section 79 of the Information Technology Act, 2000 gives the intermediaries protection from liabilities that could arise out of any legal action initiated on the basis of user generated content. The intermediaries get protection from legal liability that could arise from any action of users that is considered illegal as per the IT Act, 2000 or any other legislation.
Source Code Theft
Computer source code is the most important asset of software companies. Simply put, source code is the programming instructions that are compiled into the executable files that are sold by software development companies.
As is expected, most source code thefts take place mainly in software companies. Some cases are also reported in banks, manufacturing companies and other organizations that get original software developed for their use.
Corporate espionage sometimes also called industrial espionage, economic espionage or corporate spying is the practice of using espionage techniques for commercial or financial purposes. We usually think of “espionage” in terms of spies working on behalf of one government trying to get information about another.
Data Theft/Unauthorized copying of data
Unauthorized copying of data in simple term means accessing and stealing/copying computer based confidential information with intention to cause wrongful loss to the owner of the confidential information and wrongful gain to the perpetrator.
What is Defamation?
The action of damaging the good reputation of someone.
>It can be a Civil wrong under Law of Torts; or
>It can be crime under respective Criminal Law.
Online Matrimony Frauds
Normally a fake near perfect profile will be created on the Matrimony to lure people. Subsequently, on the pretext of marriage various other criminal activities are committed like phishing and other bodily offences.
Hacking (Unauthorized Access)
Hacking in simple terms means illegal intrusion into a computer system without the permission of the computer owner/user.
What is Phishing?
Phishing is the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords, credit card or other vital credentials by masking as a trustworthy entity in an electronic communication.
Online Banking & Shopping Websites are very common targets of phishing activities.
Types of Phishing:
- Lottery Scam (Nigerian Scams 419)
- Foreign/Domestic Job offer Scam
- Fake websites
What is Cyber Stalking?
Cyber Stalking is the repeated use of electronic communications to harass or frighten someone, for example by sending threatening or unwanted emails/messages.
Cyber squatting has been defined as “an act of obtaining fraudulent registration of domain name with an intent to sell the domain name to the lawful owner of the name at a premium”
Debit/Credit card frauds
Types of card frauds:
- COUNTERFEIT CARD FRAUD
Counterfeit Card Fraud involves illegally manufactured cards that use personal information stolen from the magnetic strip of a genuinely issued card.
- CARD NOT PRESENT FRAUD
Card Not Present (CNP) Fraud refers to a fraudulent transaction where neither the card nor the card holder is present at the point of sale. CNP transactions can be conducted when orders for goods, travel or accommodation are placed telephonically, by internet, mail order or fax.
- FALSE APPLICATION FRAUD
False application Fraud occurs when fraudulent transactions are conducted on an account where the card was acquired by falsifying a card application.
- ACCOUNT TAKE OVER FRAUD
Account Takeover Fraud occurs when a perpetrator poses as the legitimate account holder and takes over someone’s account and then uses the account for their own benefit. Access to personal information is used by perpetrators to pose as their victims for both Account Takeover Fraud and False Application Fraud.
- NOT RECEIVED ISSUED CARD FRAUD
Not Received Issued Cards Fraud relates to validly issued credit and debit cards that are intercepted before they reach the authentic customers and used for fraudulent transactions.
Content take down
Arbitration relating to cyber law
With the advent of information technology, momentous changes can be seen in the conventional arbitral procedures. In this phase of significant transformation, there is an escalation in the number of arbitration agreements concluded over the internet.
The concerned issues will be dealt with under three statues: (i) Arbitration and Conciliation Act, 1996, (ii) Information and Technology Act, 2000, and (iii) Code of Civil Procedure, 1908.
Resolving Jurisdictional issues
Jurisdiction is the authority of a court or an organization to make decision or judgments.
Following are certain jurisdictional issues:
- Rapid advancements in technology has made the world much smaller
- Physical boundaries between states totally irrelevant
- The Internet connects far-flung offenders with far-flung victims
- Perpetrator and victim can be in same country, but evidence is located in other country or countries
- On the legal front this has created more challenges on the aspect of determining jurisdiction
- Many countries can claim exclusive jurisdiction
E.g. e-mail sent to someone in the same building will travel around the world, passing through many jurisdictions.