ARMY INSTITUTE OF LAW, MOHALI

GREY AREAS OF IT ACT

In partial fulfilment of BA LLB 5 years degree

Submitted To: Submitted By:

Mrs. Amrita Rathi Deepak Kumar

Roll No. - 1642

INTRODUCTION
In any field of human activity Success leads to crime that needs mechanisms to control it. Legal
provisions should provide assurance to users, empowerment to law enforcement agencies and
deterrence to criminals. The law is as stringent as its enforcement. Crime is no longer limited to
space, time or a group of people. Cyber space creates moral, civil and criminal wrongs. It has
now given a new way to express criminal tendencies. Back in 1990, less than 100,000 people
were able to log on to the Internet worldwide. Now around 500 million people are hooked up to
surf the net around the globe. Recently, many information technology (IT) professionals lacked
awareness of an interest in the cyber crime phenomenon. In many cases, law enforcement
officers have lacked the tools needed to tackle the problem; old laws didn’t quite fit the crimes
being committed, new laws hadn’t quite caught up to the reality of what was happening, and
there were few court precedents to look to for guidance. Furthermore, debates over privacy
issues hampered the ability of enforcement agents to gather the evidence needed to prosecute
these new cases. Finally, there was a certain amount of antipathy—or at the least, distrust—
between the two most important players in any effective fight against cyber crime: law
enforcement agencies and computer professionals. Yet close cooperation between the two is
crucial if we are to control the cyber crime problem and make the Internet a safe “place” for its
users. Information is a resource which has no value until it is extracted, processed and utilized.
Information technology deals with information system, data storage, access, retrieval, analysis
and intelligent decision making. Information technology refers to the creation, gathering,
processing, storage, presentation and dissemination of information and also the processes and
devices that enable all this to be done. Information technology is affecting us as individual and as
a society. Information technology stands firmly on hardware and software of a computer and
telecommunication infrastructure. But this is only one facet of the information Technology,
today the other facets are the challenges for the whole world like cyber crimes and more over
cyber terrorism. When Internet was first developed, the founding fathers hardly had any inkling
that internet could transform itself into an all pervading revolution which could be misused for
criminal activities and which required regulations. With the emergence of the technology the
misuse of the technology has also expanded to its optimum level. The misuse of the technology
has created the need of the enactment and implementation of the cyber laws. As the new
millennium dawned, the computer has gained popularity in every aspect of our lives. This
includes the use of computers by persons involved in the commission of crimes. Today,
computers play a major role in almost every crime that is committed. Every crime that is
committed is not necessarily a computer crime, but it does mean that law enforcement must
become much more computer literate just to be able to keep up with the criminal element.
According to Donn Parker , “For the first time in human history, computers and automated
processes make it possible to possess, not just commit, a crime. Today, criminals can pass a
complete crime in software from one to another, each improving or adapting it to his or her own
needs.” but whether this cyber laws are capable to control the cyber crime activities, the question
requires the at most attention. Until recently, many information technology (IT) professionals
lacked awareness of and interest in the cyber crime phenomenon. In many cases, law
enforcement officers have lacked the tools needed to tackle the problem; old laws didn’t quite fit
the crimes being committed, new laws hadn’t quite caught up to the reality of what was
happening, and there were few court precedents to look to for guidance. Furthermore, debates
over privacy issues hampered the ability of enforcement agents to gather the evidence needed to
prosecute these new cases. Finally, there was a certain amount of antipathy—or at the least,
distrust— between the two most important players in any effective fight against cyber crime: law
enforcement agencies and computer professionals. Yet close cooperation between the two is
crucial if we are to control the cyber crime problem and make the Internet a safe “place” for its
users.

What is a Computer Crime?

a. Criminals Can Operate Anonymously Over the Computer Networks.

b. Hackers Invade Privacy.

c. Hackers Destroy "Property" in the Form of Computer Files or Records.

d. Hackers Injure Other Computer Users by Destroying Information Systems.

e. Computer Pirates Steal Intellectual Property.

Definition of Cyber Crime

Defining cyber crimes, as "acts that are punishable by the Information Technology Act" would
be unsuitable as the Indian Penal Code also covers many cyber crimes, such as email spoofing
and cyber defamation, sending threatening emails etc. A simple yet sturdy definition of cyber
crime would be "unlawful acts wherein the computer is either a tool or a target or both".

In generally the term cybercrime was analyzed into two categories and defined thus:

a. Cybercrime in a narrow sense (computer crime): Any illegal behavior directed by means of
electronic operations that targets the security of computer systems and the data processed by
them.

b. Cybercrime in a broader sense (computer-related crime): Any illegal behavior committed by

means of, or in relation to, a computer system or network, including such crimes as illegal
possession [and] offering or distributing information by means of a computer system or network.

Classification of Cyber Crimes:

The Information Technology Act deals with the following cyber crimes along with others:

 Tampering with computer source documents

 Hacking o Publishing of information, which is obscene in electronic form
 Child Pornography o Accessing protected system o Breach of confidentiality and privacy

Cyber crimes other than those mentioned under the IT Act

 Cyber Stalking
 Cyber squatting
 Data Diddling
 Cyber Defamation
 Trojan Attack
 Forgery
  Financial crime
 Internet time theft
 Virus/worm attack
 E-mail spoofing
 Email bombing
 Salami attack
 Web Jacking

Cyber law and Terrorism

Cyber crime and cyber terrorism are both crimes of the cyber world. The difference between the
two however is with regard to the motive and the intention of the perpetrator.

While a cyber crime can be described simply as an unlawful act wherein the computer is either a
tool or a target or both, cyber terrorism deserves a more detailed definition. One can define cyber
terrorism as a premeditated use of disruptive activities or the threat thereof, in cyber space, with
the intention to further social, ideological, religious, political or similar objectives, or to
intimidate any person in furtherance of such objectives

Cyber offenders:

Any person who commits an illegal act with a guilty intention or commits a crime is called an
offender or a criminal. In this context, any person who commits a Cyber Crime is known as a
Cyber Criminal. The Cyber Criminals may be children and adolescents aged b/w 6-18 years, they
may be organized hackers, may be professional hackers or crackers, discontented employees,
cheaters or even psychic persons.

a. Kids & Teenagers (age group 9-16 etc.): This is really difficult to believe but it is true.
Most amateur hackers and cyber criminals are teenagers. To them, who have just begun
to understand what appears to be a lot about computers, it is a matter of pride to have
hacked into a computer system or a website. There is also that little issue of appearing
really smart among friends. These young rebels may also commit cyber crimes without
really knowing that they are doing anything wrong.
 b. Organized hacktivists : Hacktivists are hackers with a particular (mostly political)
motive. In other cases this reason can be social activism, religious activism, etc. The
attacks on approximately 200 prominent Indian websites by a group of hackers known
as Pakistani Cyber Warriors are a good example of political hacktivists at work
c. Disgruntled employees: One can hardly believe how spiteful displeased employees can
become. Till now they had the option of going on strike against their bosses. Now, with
the increase independence on computers and the automation of processes, it is easier for
disgruntled employees to do more harm to their employers by committing computer
related crimes, which can bring entire systems down.
d. Professional hackers (Corporate espionage): Extensive computerization has resulted
in business organizations storing all their information in electronic form. Rival
organizations employ hackers to steal industrial secrets and other information that could
be beneficial to them. The temptation to use professional hackers for industrial
espionage also stems from the fact that physical presence required to gain access to
important documents is rendered needless if hacking can retrieve those.

Positive Aspects of the IT Act, 2000:

 Prior to the enactment of the IT Act, 2000 even an e-mail was not accepted under the
prevailing statutes of India as an accepted legal form of communication and as evidence
in a court of law. But the IT Act, 2000 changed this scenario by legal recognition of the
electronic format. Indeed, the IT Act, 2000 is a step forward.

 From the perspective of the corporate sector, companies shall be able to carry out
electronic commerce using the legal infrastructure provided by the IT Act, 2000. Till the
coming into effect of the Indian Cyber law, the growth of electronic commerce was
impeded in our country basically because there was no legal infrastructure to regulate
commercial transactions online.

 Corporate will now be able to use digital signatures to carry out their transactions online.
These digital signatures have been given legal validity and sanction under the IT Act,
2000.
  In today’s scenario, information is stored by the companies on their respective computer
system, apart from maintaining a back up. Under the IT Act, 2000, it shall now be
possible for corporate to have a statutory remedy if any one breaks into their computer
systems or networks and causes damages or copies data. The remedy provided by the IT
Act, 2000 is in the form of monetary damages, by the way of compensation, not
exceeding Rs. 1, 00, 00,000.
 IT Act, 2000 has defined various cyber crimes which includes hacking and damage to the
computer code. Prior to the coming into effect of the Indian Cyber law, the corporate
were helpless as there was no legal redress for such issues. But the IT Act, 2000 changes
the scene altogether.

THE GREY AREAS OF IT ACT

 The IT Act, 2000 is likely to cause a conflict of jurisdiction.

 Electronic commerce is based on the system of domain names. The IT Act, 2000 does not
even touch the issues relating to domain names. Even domain names have not been
defined and the rights and liabilities of domain name owners do not find any mention in
the law.
 The IT Act, 2000 does not deal with any issues concerning the protection of Intellectual
Property Rights I the context of the online environment. Contentious yet very important
issues concerning online copyrights, trademarks and patents have been left untouched by
the law, thereby leaving many loopholes.
 As the cyber law is growing, so are the new forms and manifestations of cyber crimes.
The offences defined in the IT Act, 2000 are by no means exhaustive. However, the
drafting of the relevant provisions of the IT Act, 2000 makes it appear as if the offences
detailed therein are the only cyber offences possible and existing. The IT Act, 2000 does
not cove various kinds of cyber crimes and Internet related crimes. These Include:-

a) Theft of Internet hours

b) Cyber theft
c) Cyber stalking
 d) Cyber harassment
e) Cyber defamation
f) Cyber fraud
g) Misuse of credit card numbers
h) Chat room abuse
 The IT Act, 2000 has not tackled several vital issues pertaining to e-commerce sphere like
privacy and content regulation to name a few. Privacy issues have not been touched at all.
 Another grey area of the IT Act is that the same does not touch upon any anti- trust issues.
 The most serious concern about the Indian Cyber law relates to its implementation. The IT
Act, 2000 does not lay down parameters for its implementation. Also, when internet
penetration in India is extremely low and government and police officials, in general are
not very computer savvy, the new Indian cyber law raises more questions than it answers.
It seems that the Parliament would be required to amend the IT Act, 2000 to remove the
grey areas mentioned above.

Citizens should not be under the impression that cyber crime is vanishing and they must realize
that with each passing day, cyberspace becomes a more dangerous place to be in, where
criminals roam freely to execute their criminals intentions encouraged by the so-called
anonymity that internet provides.

The absolutely poor rate of cyber crime conviction in the country has also not helped the cause
of regulating cyber crime. There have only been few cyber crime convictions in the whole
country, which can be counted on fingers. We need to ensure that we have specialized
procedures for prosecution of cyber crime cases so as to tackle them on a priority basis,. This is
necessary so as to win the faith of the people in the ability of the system to tackle cyber crime.
We must ensure that our system provides for stringent punishment of cyber crimes and cyber
criminals so that the same acts as a deterrent for others.

CONCLUSION
The new legislation which can cover all the aspects of the Cyber Crimes should be passed so the
grey areas of the law can be removed. The recent blasts in Ahmedabad, Bangalore and Delhi
reflects the threat to the mankind by the cyber space activities against this I personally believes
that only the technology and its wide expansion can give strong fight to the problems. The
software’s are easily available for download should be restricted by the Government by
appropriate actions. New amendment should be including to the IT Act, 2000 to make it
efficient and active against the crimes.

Today in the present era there is a need to evolve a 'cyber-jurisprudence' based on which 'cyber-
ethics' can be evaluated and criticized. Further there is a dire need for evolving a code of Ethics
on the Cyber-Space and discipline.

The Information Technology Act 2000 was passed when the country was facing the problem of
growing cyber crimes. Since the Internet is the medium for huge information and a large base of
communications around the world, it is necessary to take certain precautions while operating it.
Therefore, in order to prevent cyber crime it is important to educate everyone and practice safe
computing.

Following Frank William Abagnale & Robert Morris, many other hackers are intending to make
use of their skills for better purposes. This trend continues even now where companies as their
security analysts hire the brilliant hackers. Also, there is a dire need for evolving a code of
Ethics on the Cyber-Space and discipline. In the cyberspace, following traditional principles of
criminal law to fix liability is not possible. Since most of the cyber criminals are those who are
under the age of majority, some other legal framework has to be evolved to deal with them.
Since cyber world has no boundaries, it is a Herculean task to frame laws to cover each and
every aspect. But, however a balance has to be maintained and laws be evolved so as to keep a
check on cyber crimes.

References:
1) Cyber Crimes and Real World Society by Lalitha Sridhar.
2) Cyber Law and Information Technology by Talwanth Singh Addl.Distt. And Sessions
Judge, Delhi.
3) www.gahtan.com/cyberlaw - cyber law encyclopedia.
4) www.legalserviceindia.com/cyber-crimes.
5) www.indlii.org/Cyberlaw.aspx
6) www.cybercases.blogspot.com
7) Information Technology Act, 2000