Introduction To Cyber Crimes Cyber Security

Introduction to Cyber Crimes, Cyber Security and Legal Aspects
Course: COMMERCE (CBCS)

Subject: Cyber Crimes and Laws
Lesson: Introduction to Cyber Crimes, Cyber Security
and Legal Aspects
Authors’ Name: Ms. Raman Arora
Daulat Ram College
University of Delhi
Reviewer’s Name: Dr. Gurmeet Kaur
Fellow in Commerce, ILLL
Associate Professor,
Daulat Ram College,
University of Delhi
Institute of Lifelong Learning

University of Delhi 1
LESSON: Introduction to Cyber Crimes, Cyber Security and

Legal Aspects
Table of Contents:
1. Learning Outcomes
2. Introduction
3. Cyber crime
3.1 Distinction between Cyber Crime and Conventional Crime
3.2 Categories of Cyber Crimes
3.3 Different kinds of Cyber Crimes
4. Computer Security
5. Cyber Security
6. Copyright
6.1 Coverage of Copyright Protection
6.2 Copyright Infringement
7. Cyber Space Jurisdiction
8. Domain Name Disputes
8.1 What is Domain Name?
8.2 Examples of Domain Names
8.3 ICANN
8.4 Types of Domain Names Disputes
8.5 Remedies for Domain Name Disputes
Summary
Exercises
Glossary
References
1. Learning Outcomes:
After reading this chapter, you would be able to
 Understand the meaning of cyber crime,
 Differentiate between cyber crime and conventional crime,
 Know various categories and kinds of cyber crimes,
 Understand the meaning of computer and cyber security,
 Know about cyber space jurisdiction and its types,
 Describe various types of domain name disputes.

2. Introduction:
Cyber crimes can be simply defined as “crimes directed at a computer or computer
system”. In such computer crimes human being does not play much role but the
major activities are carried out by the automated machines. Cyber crime is the latest
type of crime which affects many people and cyber crimes are normally committed
by young teens, recreational computer programmers, professional hackers and other
persons having vested interest.
The present lesson covers categories as well as kinds of cyber crimes, differentiates
between the cyber crimes and the conventional crimes and also cyber security and
legal aspects of internet.
Cyber Crime
Source: http://www.digit.in/technology-guides/fasttrack-to-cyber-crime/what-is-
cyber-crime.html
3. Cyber Crime:
Under Indian Law, IT Act, 2000 deals with offences related to cyber crimes. But the
definition of cyber crime does not find any place either in the IT Act, 2000 or in its
amended version in the form of IT (Amendment) Act, 2008.
Meaning of Cyber Crime
Computer crime or cyber crime refers to any crime committed with the use of
computers or especially through the internet. Computer crime, cyber crime,
electronic crime or hi-tech crime normally refers to a criminal activity where
computer or network is used as a tool or target of a crime.
Computer as a tool
When individual is the main target of the crime committed by the offenders then the
computer can be described as a tool and not the target (e.g., cyber stalking, cyber
theft etc.).
Computer as a target
These crimes are committed by a selected group of people with technical knowledge
by committing a series of acts in the planned manner (e.g., web defacement, cyber

terrorism etc.).
Value Addition 1: Further Understanding
What is Cyber Crime?
Open the link below for a detailed explanation of cyber crimes:

http://www.digit.in/technology-guides/fasttrack-to-cyber-crime/what-
is-cyber-crime.html
3.1 Distinction between Cyber Crimes and Conventional Crimes

The term ‘Cybercrime’ is a misnomer (wrong name) and is used to broadly describe
criminal or unlawful activity in which computer or computer networks are a source,
tool, a target, or a place of criminal activity and include everything from electronic
cracking to denial of service attacks. It is also used to include traditional crimes in
which computer or networks are used to enable the illicit activity.
The concept of cybercrime is not radically different from the concept of conventional
crime. Both include act whether act or omission, which cause abuse of rules of law
and counter balanced by the sanction of the state. There is apparently no distinction
between cyber and conventional crimes. However on a deep introspection we may
say that there exist a visible line of demarcation between conventional and cyber
crimes which lies in the involvement of the electronic medium in cases of cybercrime.
The main point to be borne in mind for cybercrime is that there should be an
involvement, at any stage of the virtual cyber medium.
3.2 Categories of Cyber Crimes:
The major categories of cyber crimes are as follows:
1. Cyber crimes against persons:
These crimes include harassment of someone with the use of a computer via e-mails,
hacking (unauthorized access to a computer system), assault by threat, defamation
(sending derogatory/ objectionable mails) etc.
2. Cyber crimes against property:
These crimes include intellectual property crimes, cyber vandalism (destruction of
property pertaining to another), transmitting harmful programs like virus etc.
3. Cyber crimes against government/firm/company/group of individuals:
These crimes include cyber terrorism, possession of unauthorized information,
distribution of pirated software etc.
4. Cyber crimes against society:
These crimes include pornography (exhibition of pornographic material on the
website), online gambling (sending mass mails to addressee), forgery (alteration of
computerized documents), sale of illegal articles (e.g., narcotics) etc.

Categories of Cyber Crimes
Cyber Crimes against

Cyber Crimes Cyber Crimes Cyber Crimes
Government/ Firm/
against against against
Company/ Group of
Persons Property Society
Individuals
Figure1: Categories of Cyber Crimes

3.3 Different kinds of Cyber Crimes:
Unathorised
Access &
Hacking
Cyber Virus,Worms &
Stalking Trojan Attack
Web E-mail related

Defacement crimes
Kinds of
Cyber
Crimes
Internet Relay
Intellectual
Chat relating
Property Crimes
crimes
Sale of
Phishing Illegal
Articles
Online
Gambling
Figure 2: Kinds of Cyber Crimes

Various kinds of cyber crimes may be discussed as follows:

1. Unauthorized Access and Hacking:
Unauthorized access refers to any kind of access without seeking the permission of
either the true owner or the person in charge of a computer, computer system (CS) or
computer network (CN).
Hacking is a crime which entails cracking systems and gaining unauthorized access to
the data stored in them. Hacking is also known as cracking. In hacking, the criminal
uses a variety of software to enter a person’s computer and persons may be ignorant of
the fact that somebody is accessing his computer from a distant location.
Section 66 of IT Act, 2000 defines hacking as follows:
A person commits hacking if he deliberately:
a) causes or is likely to cause wrongful loss or damage to the public or any person.
b) destroys, deletes or alters any information.
(i) residing in a computer resource,
(ii) diminishes its value or utility,
(iii) affects the computer resource injuriously by any means.
The punishment for a hacker under above mentioned section is imprisonment for a
period of 3 years or fine which may extend to ₹2 lakhs or both.
Hackers involve themselves in this criminal activity because of personal monetary gain
(e.g., stealing of credit card information and transferring the proceeds to their account
and then withdrawal of that money).
2. Virus, Worms and Trojan Attack
Virus: A program that is capable of infecting other program and making copies of itself
is called virus. This program is designed to replicate as well as spread. Computer viruses
spread by attaching themselves to program such as word-processors or spreadsheets.
They also attach themselves to the boot sector of a disk.
Virus
Source: http://www.stayprotected.com/2014/01/trojan-mobileos-tapsnake-virus-pop-
up-how-to-remove/

Worms: Programs that multiply like viruses but spread from one computer system to
another is called worm. Unlike viruses worms are not required to attach themselves to a
host programme.
Computer Worm
Source: https://www.sophos.com/zh-cn/press-office/pressreleases/2003/09/va_
tonyblair.aspx
Trojan attack: A Trojan, a friendly looking enemy, is an unauthorized program which
functions from inside what looks like authorized program, thereby concealing what it is
actually doing.
Warning message for a Trojan Horse

Source: http://www.winstudent.com/difference-between-computer-virus-worm-and-
trojan-horse/

3. Denial of service (DOS) attack:

As the name implies it is a kind of service attack on a network by sending of
disproportionate data to the victim’s server beyond the limit that the server is capable to
handle and hence resulting in server to crash. This attack deprives him of the service he
is entitled to access.
Denial of service (DOS) attack

Source: https://bogner.sh/wp-content/uploads/2015/05/dos-1.png
4. E-mail related crimes. Some of these crimes have been explained below :
i. E-mail spoofing:
It refers to e-mail that appears to have been originated from one source where as it
was actually sent from some different source. Thus it is a fraudulent email activity
with intent to cheat the other party.
ii. E-mail spamming:

It refers to sending of bulk-mails to thousands and thousands of users by an
identified or unidentified source. Spamming results in reduction of productivity and
wastage of time.

Value Addition 2: Illustration
E-mail Spoofing
Gujarat Ambuja Cement executive case is the best example of email

spoofing in India where the former executive of the said company
posed as a woman and generated a fake email ID through which he
contacted Abu Dhabi based NRI businessman and deceived him for
crores by blackmailing tactics.
iii. E-mail bombing:

It refers to sending huge volumes of e-mails to a particular address which results in
crashing of victim’s e-mail account or mail servers. The email bomber blocks your
inbox continuously with numerous identical emails.
There are two variants of E-mail bombing:
(i) mass mailing and
(ii) list linking
Value Addition 3: Case Study
E-mail Bombing
There is a famous case relating to email bombing in which a foreigner

was a resident of Shimla (India) for almost 30 years. The Shimla
Housing Board launched a scheme to sell land at lower rates. The
foreigner had applied under this scheme but his application was not
accepted on the ground that the scheme was available for citizens of
India. He decided to take revenge. Subsequently he sent thousands
of emails to Shimla Housing Board and frequently kept sending huge
volumes of email till their servers crashed.
5. Sale of illegal articles:

This includes sale of narcotics drugs, weapons and wild life etc. Websites, auction
websites and bulletins boards may be used for posting such information. This may also
be communicated by e-mail. In all these cases consideration is illegal and therefore the
agreement is void and unenforceable.
6. Online gambling and Cyber Pornography:
Online Gambling: There are thousands and millions of websites, all hosted on the server
abroad, that offer online gambling.

Cyber Pornography: It may include:

 Hosting of website exhibiting prohibited materials
 Use of computers for producing these obscene materials
 Downloading and transmitting through the internet, obscene materials, video clips,
pictures etc.
Value Addition 4: Case Study

First case of Pornography, Air Force Bal Bharti School,
New Delhi
Facts of the Case:

In this case, a student of Air Force Bal Bharti School, New Delhi was
tortured by all his classmates. With the spirit of revenge, he decided
to get back at his tormentors. He generated a website at the URL
www.amazing-gents.8m.net. The website was hosted by him on the
free web space. The website contained obscene and prohibited
comments about some women teachers and girls of this school.
Filing of Case & Action Taken:
The Delhi Police Cyber Crime Cell registered a case under Section
67 of the IT Act, 2000. The Delhi Police arrested the concerned
student and he was kept at Timarpur (Delhi) Juvenile Home. After
one week the Juvenile Board granted bail to the 16 year old
offender who was also rusticated from the school.
7. Phishing:
It refers to acquiring sensitive information such as username, password, credit card
details, account data etc. by disguising as a trustworthy entity. For example, your bank
may send you email (which appears genuine to you) asking you to update your personal
information by clicking at a specified link. As it appears genuine, you may be asked to
visit a fraudulent site where all your sensitive information is acquired and subsequently
used for used for cyber crimes and frauds. Phishing is punishable under Sections 66,
66A & 66D of the IT Act, 2000.
8. Intellectual property crimes:
These include distribution of pirated software, copyright infringement, trademarks
violations etc. Alternatively, this is also known as Cyber Squatting. Satyam Infoway Ltd.
vs. Sifynet Solutions (2004) is the most widely known case pertaining to Cyber
Squatting.
9. Web defacement:
It refers to substitution of the original homepage of a website with another page by a
hacker or cracker. The substituted page contains normally pornographic or defamatory
material. Sections 43, 66, 66F, 67 and 70 of the IT Act are applicable in some cases of
web defacement.

10. Cyber Stalking and Cyber Vandalism (Destruction of others’ property)

Cyber Stalking: It refers to the use of internet, e-mail or other electronic
communication devices to stalk (harass) or threatens another person by making
harassing phone calls, leaving written messages or objects etc. Cyber stalking is also
known as online harassment or online abuse and many people especially young teenage
girls complain about. If the stalkers notice that cyber stalking is not working effectively
they resort to offline stalking along with cyber stalking with a view to make the victims’
life more miserable. Most of the stalkers are: dejected lovers or ex-lovers who had
mindset of taking revenge because they could not satisfy their secret desire.
Various countries have enacted different laws relating to stalking but in India we do not
have any legislation relating to Cyber Stalking. India’s first Cyber Law, IT Act, 2000 does
not contain any provision relating to Cyber Stalking but Chapter XI of IT Act, 2000 has
laid down various Cyber Crimes.
Cyber Vandalism: It refers to damaging or destroying the data or property rather than
stealing or misusing them.
Cyber terrorism: The term ‘Cyber terrorism’ is a controversial term and proper
definition of this term has not been provided anywhere [Sec. 66F, Inserted vide ITAA,
2008].
Simply speaking, the term “Cyber terrorism” refers to the adaptation of terrorism to
computer resources with intent to cause fear or terror in the minds of group of people by
attacking electronic resources. This section provides that a person commits cyber
terrorism if he uses cyber space with intent to threaten the unity, integrity, security or
sovereignty of India or to strike terror in the people or any section of the people.
A person commits cyber terrorism by:
(i) denying or cause the denial of access to any person authorized to access
computer resource ; or
(ii) attempting to access a computer resource without authorization or exceeding
authorized access ; or
(iii) introducing or causing to introduce any computer contaminant.
The punishment for cyber terrorism under above mentioned section is imprisonment
which may extend to life imprisonment.
Value Addition 5: Activity
Cyber Crime
A and B are into live-in-relationship for the last 5 years. One day they found
that an unauthorized person posted their photographs on the social
networking site.
What do you think is this act of the persons involved a cyber crime?
If yes, name the type of cyber crime involved and discuss with your peers
whether it is punishable or not?

There may be multiple motives for committing crimes such as greed, power,
publicity, destructive mindset etc. Cyber criminals can be classified into various
categories based on the objective of committing the crime. These are: children and
adults between the age groups of 6-18 years, organized hackers, professional
hackers or crackers, discontented or sacked employees etc.
4. Computer Security:
Computer security refers to the ability of a system to protect information (personal
or business) and system resources with respect to confidentiality and integrity.
Scammers, hackers, and identity thieves try to steal the personal information and
money of the users. However the users can take steps protect themselves like
keeping the computer software up-to-date and giving out their personal information
only when there is a good reason.
Computer Security
Source: http://mindfulsecurity.com/2009/09/19/free-threats-security-awareness-
posters/
5. Cyber Security:
Cyber security refers to the technologies and processes designed to protect
computers, networks and data from unauthorized access and attacks delivered via
the internet by cyber criminals. Cyber security is necessary since it helps in securing
data from threats such as data theft or misuse, hacking etc. It also safeguards the

system from viruses. In other words, cyber security involves protection of sensitive,
personal and business information through prevention, detection and response to
diverse electronic attacks.
Major Security Threats and Solutions
1. Virus: It is a program (e.g., love bug) that is loaded on to your computer without
your knowledge and causes damage to data and files on a computer system.
Solution:
Install anti-virus software that protects the computer against threats such as
viruses and worms. After scanning all your systems for the existence of the virus, it
should be ensured that virus has been completely cleaned.
2. Hackers: Generally a hacker is a person who uses computers, usually to gain
unauthorized access to administrative controls.
Prevention of Hacking:
It can be prevented through effective security controls including strong passwords
which are difficult for the thieves to steal and the use of firewalls.
3. Malware: The word “Malware” is a general term which has been derived from the
term “Malicious Software”. Malware is unwanted software that infects and damages
your computer system without your knowledge and permission.
Solution:
Download an anti-malware program that also helps prevent infections. Activate
Network Threat Protection, Firewall, and Antivirus.
Malware Warning

Source: http://www.easyfixvirus.com/
4. Trojan Horses. These are email viruses that can duplicate themselves, damage or
delete files, or harm the computer system. These viruses are the most serious
threat to computers as they destroy files and slow down your computer.
Solution:
Security suites such as Avast Internet Security help in prevention of downloading
Trojan Horses.
5. Password Cracking. It refers to password attacks committed by hackers who are
able to determine passwords or find passwords to different protected electronic
areas and social network sites such as Facebook, linkedin etc.
How to secure password?
 Use always strong password which will be difficult for thieves to guess.
 Keep on changing your password from time to time.
 Don’t give personal information unless required.
 Don’t exercise option that permits your computer to remember your password.
6. Copyright
Copyright is a legal right granted by the government to the authors or creators of
works. Under the copyright law, the copyright owner is entitled to a number of
exclusive rights such as right to publish the work, control copying, prepare derivative
works and the right to make the material available online. Copyright protection
becomes applicable immediately upon creation of the manuscript.
The Indian Copyright Act, 1957 governs and regulates the system of copyright in India.
The Copyright Act, 1957 has been amended four times so far in 1983, 1984, 1992 and
1999.
6.1 Coverage of Copyright Protection
The Copyright Protection Act, 1957 protects all kinds of original, library works, musical
works, dramatic works, artistic work, musical programs, pictorial graphics, sculptural
work, sound recordings and architectural works etc. On the other hand, several
categories of material are not eligible for copyright protection. For example, ideas,
facts, works which lack originality (e.g. the phone book) are not copyrighted. Similarly
familiar symbols or designs or mere listing of ingredients or contents are also not
copyrighted. In information technology, a database or a directory and the way it is
organized are regarded as a compilation and it is copyrightable. All digital contents that
an individual generates are protected under the Copyright Law.
6.2 Copyright Infringement
It refers to copying of the expression –of-a-work without the permission of the owner.
Copyright law protects the expression of an idea but the idea behind the work is not
protected.
Copyright Infringement is an offence
(i) A suit can be instituted in a District Court or in a High Court u/s 63 of the
Copyright Act, 1957.
(ii) Punishable with imprisonment up to 3 years and fine which shall not be less

than Rs 50,000 but may extend to ₹2 lakhs.
7. Cyber Space Jurisdiction

Cyber Space is a very wide term. It is an entity separate and independent from the
physical world and includes computers, networks, software, data storage devices
(e.g., hard disks), the internet, websites, emails and also includes even electronic
devices such as Cell Phones, ATM Machines etc.
Cyber Law of India encloses the laws relating to:
 Cyber Crimes
 Electronic & Digital Signature
 Intellectual Property
 Data Protection & Security
The primary source of cyber law in India is the Information Technology Act, 2000.
Jurisdiction in cyber space requires clear principles laid down in International Law.
Only through these principles Courts in all the Nations can be persuaded to adopt
uniform solutions to questions relating to internet jurisdiction. At present E-commerce
is becoming the buzzword in business cycles. Like every other technology, internet has
also brought certain problems with itself such as computer crimes, cyber crimes or
electronic crimes, breach of E-contract, issues related to pornography due to different
moral standards prevailing in different countries etc. Due to this which Court will have
the authority to try in case of contention issues always remains a biggest question.
The concept of jurisdiction refers to which agent or Court has the authority to
administer justice by hearing and determining controversies in a particular matter and
what is the scope of those agencies and Court’s authority or to what extent authority
can be exercised by agencies and Court.
Different Types of Jurisdiction
In a judicial system, jurisdiction is divided into the following three categories:
1. Personal Jurisdiction. It refers to the authority over a jurisdiction.
2. Territorial Jurisdiction. It refers to the authority over a limited region.
3. Subject Matter Jurisdiction. It refers to the authority over the issue at hand.
Civil Court not to have Jurisdiction (Sec. 61)
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an adjudicating officer or the Cyber Appellate Tribunal is empowered to
determine under this Act. No court shall grant injunction in respect of any action taken
or to be taken in pursuance of any power conferred by or under this Act.
Appeal to High Court (Sec. 62):
Any person aggrieved by any decision or order of Cyber Appellate Tribunal may file an
appeal to the High Court within 60 days from the date of communication of such
decision or order. An appeal may be on any question of fact or law arising out of such
order.
The High Court may allow it to be filed within a further period of 60 days, if it is
satisfied that sufficient cause prevented him from filing the appeal within the prescribed
period.

8. DOMAIN NAME DISPUTES

8.1 What is Domain Name?
Domain name refers to the internet address of an organization because you are
required to have address in order to determine your existence on the internet.
Domain name is a valuable asset of the organization and is primarily used to identify
one computer from the thousands and millions of others connected to the internet.
Domain name provides users various facilities such as sending e-mail, accessing web
pages, transferring files etc. As two persons cannot have the same telephone
number, similarly no two organizations can have the identical domain name. An
Internet Protocol (IP) address consists of multiple levels identified by both numbers
and name which are difficult to remember.
Source: http://www.ruddersoft.com/services/resources/domain-name-registration
With the increase of commercial activities on the internet, the domain name is also
used on the internet as a business identifier. Domain names are registered on a first-
come-first-serve basis and offer a unique presence on the internet. The domain
name can be used globally; it will always refer to the same internet page. Domain
names, normally speaking, play an important role in e-commerce; it is truly the
easiest and most convenient way to access any material on the cyber space which
belongs to everyone.
8.2 Examples of Domain Names

.com: Used for Commercial and Personal Sites
.org: Used by Non-profit Organizations
.net: Used by Companies involved in Internet Infrastructure
.edu: Used by Educational Institutions
.mil: Used by Military Agencies
.gov: Used by Government Organizations

8.3 Internet Corporation for Assigned Names and Numbers(ICANN)

It is a non-profit organization which co-ordinates the assignment of protocol and
management of the domain name system. ICANN passes over the responsibility for
the registration of domain names to registrars. There are 1500 accredited registrars
and each has his own policies and procedures for registering, maintaining and
handling domain names. These registrars do not accept any liability for any dispute.
ICANN, an international body, formed on September 18, 1998 (located in California)
has developed a uniform domain dispute resolution policy which can be used to
resolve the issues pertaining to domain disputes without knocking the door of the
Court. This policy is followed by all registrars.
Value Addition 5: Enhance Your Knowledge
Internet Corporation for Assigned Names and Numbers
Visit http://www.icann.org to understand the functioning of the Internet

Corporation for Assigned Names and Numbers.
8.4 Types of Domain Name Disputes

When an applicant intentionally in order to reap rich benefits gets registered the
trade name of a reputed corporation, the aggrieved party is entitled to reach the
doors of justice. There are three parties in a domain name dispute: domain name
owner, trade mark owner, the administrator or the registering authority. There are
four types of domain name disputes:
1. Cyber squatting
2. Profit Grabbing
3. Misspelling and Identical Domain Names
4. Concurrent Claims
1. Cyber squatting: These are common disputes. It is the practice by means of which
a person or legal entity gets the registration of the trade mark, business name or
service mark of another as his own domain name. This is done for the purpose of
holding and selling the same domain name to the other person for a valuable
premium and consideration.
Cyber squatter: It means an individual, person, entity who uses a well known
trademark as a web address or in any other manner for his web site. The main
intention of the cyber squatter is to give deceptive impression that there is some
kind of affiliation with that trademark which is being used as a web address.
Anti Cyber squatting Consumer Protection Act
In order to solve the problem of cyber squatting the Government enacted the Anti
Cyber squatting Consumer Protection Act in 1999. This Act entitles the trademark
owner to bring a course of action against a domain registrant.

Value Addition 6: Case Law
Aqua Minerals Ltd. vs. Promod Borse (2001)
Facts of the case:

The plaintiff was registered proprietor of the famous trademark ‘BISLERI for
WATER’. The Court observed, “If any domain name is registered under the
Trademarks Act, such domain name is entitled to equal protection for an
action of infringement of trade name”. In this case the plaintiff sought
permanent injunction restraining the defendants, their partners from using
the mark BISLERI or BISLARI, comas part of their domain name.
Judgment:
An injunction was granted to the plaintiff in respect of domain name
“Bisleri.com”.
2. Profit Grabbing: In this type of domain dispute, the defendant gets the domain
name registered with identical trademark or trade name in order to gain profits out
of such business.
Satyam Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd. (2004)
Facts of the case:

In this famous and landmark case, the apex Court declared that the Indian
Trademarks Act, 1999 was applicable to the registration of domain name as
well. In this case, Satyam Infoway (Appellant) had registered several
domain names relating to its business such as sifynet.com, sifymall.com,
sifyrealestate.com in the year 1999. Subsequently, Sifynet Solutions
(Respondent) had started using the word sify as a part of the domain name
(registered in the year 2001) under which it carried on online marketing
(namely siffynet.com and siffynet.net). Afterwards the appellant instituted a
suit seeking an injunction against the respondent.
Judgment:
The appellant was the prior user of the word “sify’ as a result of which it
enjoyed immense popularity and goodwill pertaining to the internet and
other computer related services. Thus, the apex Court granted an injunction
in favour of the appellant and restrained the respondents from further using
the domain names in their business transactions.

3. Misspelling and Identical Domain Names: With increase in online-transactions,

many people tend to register domain names which appear to be identical with the
already registered domain names. It creates confusion and misrepresentation in the
minds of the general public regarding the ownership of such domain name.
Yahoo! Inc. vs. Akash Arora (1999)
Facts of the case:

In this case, the plaintiff submitted that they had registered the domain
name yahoo.com with the Network Solutions Inc. and got the same
registered in over 69 countries The defendant raised the issue that its
website had a disclaimer that it was not connected to the plaintiff’s website
and due to this there was no confusion of any kind.
Judgment:
The marks were similar and the disclaimer would not avoid confusion.
Moreover the word yahoo was protected as it was a well known trademark
used by the plaintiff and was distinctive.
4. Concurrent Claims: It refers to the situation which arises when two legitimate
parties are involved in a dispute over a domain name where each party claims to be
true and legitimate owner of the acquired domain name and the Court after hearing
the arguments has to decide who the true owner is in fact.
Nissan Motors Co. Ltd. vs. Nissan Computer Corporation
Facts of the case: In this case, Nissan (defendant) used his surname
“Nissan” as a trade name for various businesses since 1980. In 1991, he
formed Nissan Computer Corporation and registered the domain name
“nissan.com” in 1994 and “nissan.net” in 1996. Both these websites were
offering computer related services. In 1995 plaintiff Nissan Motor Co sent a
letter to defendant containing the objection raised for the use of word
“Nissan” in its domain name but no further action was taken at that time.
In August 1999, defendant modified its website to include “Nissan
computer” logo which was identical to plaintiff logo and also included
various banner advertisements linking to number of automobile related
websites. Consequently, the plaintiff instituted a suit, charging defendant
with trademark infringement and moved for a preliminary action.
Judgement:
There was a infringement of trademark by the defendants in this case.

8.5 Remedies for the Domain Name Disputes

WIPO (The World Arbitration and Mediation Centre) provides time and cost saving
mechanisms to resolve internet domain name disputes, without the need for Court
litigation. Under this WIPO initiated Uniform Domain Name Dispute Policy (UDRP), The
WIPO Centre has processed over 30,000 cases. The UDRP provides that before a domain
name registrar will cancel, suspend or transfer a domain name which is the subject of a
trademark-based dispute, it is required to have an agreement signed by the parties, a
Court order or an arbitration award. The first dispute under the ICANN Policy was settled
on January 14, 2000, and it has been published by the WIPO.
Various steps in the URDP Administrative Procedure:
Step 1: Filing of a complaint with an ICANN-accredited dispute resolution
service provider
Step 2: Filing of response by the person or entity against whom the complaint was
lodged
Step 3: Appointment of Administrative Panel of 1-3 persons by the service
provider to decide the dispute
Step 4: Issuance of the decision given by the administrative panel
Step 5: Implementation of the decision given by the administrative panel by the
registrar
The above-said procedure must be completed within a period of 60 days from the date
of receipt of complaint by the WIPO Centre.
Summary:
Cyber crimes are defined as crimes directed at a computer or computer system. Cyber
crime is the latest type of crime which affects many people and cyber crimes are normally
committed by young teens, recreational computer programmers, professional hackers and
other persons having vested interest.
The present lesson covers categories as well as kinds of cyber crimes, differentiates
between the cyber crimes and the conventional crimes and also cyber security and legal
aspects of internet.
Under Indian Law, IT Act, 2000 deals with offences related to cyber crimes.
Computer crime or cyber crime refers to any crime committed with the use of computers or
especially through the internet. Computer crime, cyber crime, electronic crime or hi-tech
crime normally refers to a criminal activity where computer or network is used as a tool or
target of a crime.
When individual is the main target of the crime committed by the offenders then the
computer can be described as a tool and not the target.
The major categories of cyber crimes include:
 Cyber crimes against persons
 Cyber crimes against property
 Cyber crimes against government/firm/company/group of individuals
 Cyber crimes against society:
Different kinds of Cyber Crimes include:
 Unauthorized Access and Hacking

 Virus, Worms and Trojan Attack

 E-mail spamming
 E-mail bombing
 Online gambling and Cyber Pornography
 Intellectual property crimes
 Cyber Stalking and Cyber Vandalism
 Cyber terrorism
Cyber security refers to the technologies and processes designed to protect computers,
networks and data from unauthorized access and attacks delivered via the internet by cyber
criminals. Cyber security is necessary since it helps in securing data from threats such as
data theft or misuse, hacking etc.
Cyber Space is a very wide term. Cyber Law of India encloses the laws relating to Cyber
Crimes and Data Protection & Security.
Domain name refers to the internet address of an organization because you are required to
have address in order to determine your existence on the internet. Domain name provides
users various facilities such as sending e-mail, accessing web pages, transferring files etc.
The domain name can be used globally; it will always refer to the same internet page.
Internet Corporation for Assigned Names and Numbers (ICANN) passes over the
responsibility for the registration of domain names to registrars.
There are three parties in a domain name dispute: domain name owner, trade mark owner,
the administrator or the registering authority. Domain name disputes include Cyber
squatting, Misspelling and Identical Domain Names, etc.
WIPO (The World Arbitration and Mediation Centre) provides time and cost saving
mechanisms to resolve internet domain name disputes, without the need for Court litigation.
Under this WIPO initiated Uniform Domain Name Dispute Policy (UDRP), The WIPO Centre
has processed over 30,000 cases.
Exercises:
Fill in the blanks:
1. A program that is capable of infecting other programs and making copies of itself is
called _________.
2. ___________refers to sending of bulk mails to thousands and thousands of users by
identified or unidentified source.
3. The agreement is _________in case of sale of illegal articles.
4. ___________ means the substitution of the original homepage of a website with
answer page by a hacker or cracker.
5. Cyber vandalism refers to_________.
6. __________can be prevented through effective security controls including strong
passwords which are difficult for the thieves to steal and the use of firewalls.
7. _________governs the system of copyright in India.
8. Copyright Infringement is a punishable offence ______of the Copyright Act, 1957.
9. Domain name refers to the ________of the organization.
10. _________is not the same as domain name.

Answers:
1. Virus
2. Spamming
3. Void
4. Web defacement
5. Stealing of data
6. Hacking
7. The Indian Copyright Act,1957
8. u/s 63
9. Internet address
10. Trademark.
Questions for Short Answer:

1. Define the term ‘cyber crime’.
2. Distinguish between cyber crime and conventional crime.
3. Write short note on:
a) E-mail related crimes
b) Cyber pornography
c) Cyber stalking
d) Cyber vandalism
4. What do you understand by the term ‘Cyber Security’?
5. What is domain name?
6. Write short note on the following:
a) Copyright
b) Cyber space jurisdiction
c) Cyber squatting
d) ICANN
e) WIPO
Questions for Long Answer:

1. What are the different kinds of cyber crimes committed under the IT Act, 2000?
2. Discuss in brief the various categories of cyber crimes.
3. Discuss in brief the major security threats and solutions.
4. Explain the different types of domain name disputes.

Glossary:
Consideration: It refers to something of value given by both parties to a contract that
induces them to enter into the agreement to exchange mutual performances.
Digital signature: It refers to a binary code that, like a handwritten signature,
authenticates and executes a document and identifies the signatory.
Electronic signature: A technology that allows a person to electronically affix
a signature or its equivalent to an electronic document.
Illegal: It means unlawful or contrary to law.
Infringement: It refers to violation of terms of an agreement.
Intellectual property: The term "Intellectual Property Rights" refers to the legal rights
granted with the aim to protect the creations of the intellect.
Void: It means not legally binding or enforceable.
Bibliography:
Books:
 Chabbra T.N , R.K Suri, Sanjiv Verma , “An Introduction to e-commerce”, Dhanpat
Rai & Co. (P)Ltd ,Third revised edition ,2009
 Duggal Pavan, Cyber Law, Second edition, Universal Law Publishing ,2016
 Dr. Fatima Talat, “Cybercrimes”, Eastern Book Company, first edition 2011
 Madan Sushila , “ E-Commerce”, Mayur Paperbacks, 2013
 Vaidya A Asmita, Adwait M. Vaidya, “Cyber Crime and Law in the Information
Technology”, A.K.Publications, 2016 edition
Web links:
 https://www.scribd.com/doc/28079943/Cyber-Crime-in-Banking-sector
 http://www.wipo.int/amc/en/domains/guide/
 http://www.businessdictionary.com/definition/digital-signature.html
 http://www.thewhir.com/web-hosting-news/icann-org-security-breach-
exposes-usernames-passwords


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Introduction to Cyber Crimes, Cyber Security and Legal Aspects

Course: COMMERCE (CBCS)

Institute of Lifelong Learning

LESSON: Introduction to Cyber Crimes, Cyber Security and

Institute of Lifelong Learning

Institute of Lifelong Learning

Value Addition 1: Further Understanding

What is Cyber Crime?

Open the link below for a detailed explanation of cyber crimes:

3.1 Distinction between Cyber Crimes and Conventional Crimes

Institute of Lifelong Learning

Categories of Cyber Crimes

Cyber Crimes against

Figure1: Categories of Cyber Crimes

Web E-mail related

Figure 2: Kinds of Cyber Crimes

Institute of Lifelong Learning

Various kinds of cyber crimes may be discussed as follows:

Institute of Lifelong Learning

Warning message for a Trojan Horse

Institute of Lifelong Learning

3. Denial of service (DOS) attack:

Denial of service (DOS) attack

ii. E-mail spamming:

Institute of Lifelong Learning

Value Addition 2: Illustration

Gujarat Ambuja Cement executive case is the best example of email

iii. E-mail bombing:

Value Addition 3: Case Study

There is a famous case relating to email bombing in which a foreigner

5. Sale of illegal articles:

Institute of Lifelong Learning

Cyber Pornography: It may include:

Value Addition 4: Case Study

Facts of the Case:

Institute of Lifelong Learning

10. Cyber Stalking and Cyber Vandalism (Destruction of others’ property)

Value Addition 5: Activity

Institute of Lifelong Learning

Institute of Lifelong Learning

Institute of Lifelong Learning

Institute of Lifelong Learning

than Rs 50,000 but may extend to ₹2 lakhs.

7. Cyber Space Jurisdiction

Institute of Lifelong Learning

8. DOMAIN NAME DISPUTES

8.2 Examples of Domain Names

Institute of Lifelong Learning

8.3 Internet Corporation for Assigned Names and Numbers(ICANN)

Value Addition 5: Enhance Your Knowledge

Internet Corporation for Assigned Names and Numbers

Visit http://www.icann.org to understand the functioning of the Internet

8.4 Types of Domain Name Disputes

Institute of Lifelong Learning

Value Addition 6: Case Law

Aqua Minerals Ltd. vs. Promod Borse (2001)

Facts of the case:

Value Addition 7: Case Law

Satyam Infoway Ltd. vs. Sifynet Solutions Pvt. Ltd. (2004)

Facts of the case:

Institute of Lifelong Learning

3. Misspelling and Identical Domain Names: With increase in online-transactions,