S.no	Contents
1.	Introduction
2.	Types of Cybercrime
3.	Financial Losses & Economic Impact
4.	Threat Towards ‘Digital India’
5.	Business Disruption
6.	Data Privacy is a Myth
7.	Effects of Cybercrime on Society
8.	How Laws Evolved around Cybercrimes in India
9.	Conclusion

Introduction

India has seen a substantial increase in cybercrime recently, posing a growing threat to both culture and economy. Cybercriminals have discovered new ways to take advantage of flaws and carry out their nefarious activities thanks to growing digitization and broad internet usage. Online harassment and cyberstalking are major issues that are becoming increasingly prevalent in today’s digital age. With the widespread use of the internet, type of abuse can have many forms, such as bullying, hate speech, stalking, and revenge porn, and it can cause devastating effects on someone’s life. The internet’s anonymity has made it easier for perpetrators to engage in abusive behaviour and law enforcement often struggles to keep up with the rapidly evolving landscape of online crime.

Cybercrime also puts India’s ambitious digital transformation projects in danger. Fear of cyberattacks may prevent individuals and companies from adopting digital technology, halting development and obstructing the potential advantages of a digital economy. Cybercrime also affects data security and violates privacy, with serious social repercussions. People become more susceptible to identity theft, fraud, and harassment, which undermines faith in online platforms and has an adverse effect on mental health. Due to the cross-border nature of cybercrime, it is challenging to identify and capture offenders, necessitating ongoing tool and skill enhancements for efficient investigations. In addition, the legal system encounters challenges when dealing with cybercrime matters, such as delays and the requirement for specialised knowledge, which impedes the administration of justice.

Types of Cybercrime

It is important to recognize that these crimes are not merely harmless pranks, but heinous criminal acts that have devastating consequences.

1. Online bullying- This involves the use of electronic communication to harass or intimidate someone.
2. Doxxing- This is the practice of publishing personal information, such as a person’s address or phone number, with the intent of causing harm.
3. Revenge porn- This involves the distribution of sexually explicit images or videos without the victim’s consent.
4. Trolling- This involves deliberately posting inflammatory or offensive comments online to provoke a reaction.
5. Cyberstalking- This is the persistent and unwanted pursuit or harassment of a person through electronic communication, such as emails, texts, and social media messages.
6. Impersonation- This involves creating a fake social media account or website to impersonate someone else.
7. Hacking- This involves gaining unauthorized access to a person’s computer or online accounts with the intent of stealing personal information or causing harm.
8. Salami Attack- Attackers or hackers frequently utilise the salami attack technique in order to perpetrate financial crimes online. One at a time, cybercriminals take resources or money from a system’s bank accounts. This attack happens when a number of weaker attacks combine to form a more powerful attack.
9. Script Kiddies- Script kiddie is a derogative term that computer hackers coined to refer to immature, but often just as dangerous, exploiters of internet security weaknesses.
10.  Cyber Laundering- Cyber laundering is when criminals use the internet to establish anonymity or non-traceability for laundering money. It happens in two ways- Instrumental Digital Laundering and Integral Digital Laundering.

Financial Losses & Economic Impact

This article would explore the vicious impact of cybercrime on the Indian economy, highlighting the challenges it poses and the measures required to address this growing concern.

• Intellectual Property Theft- The unauthorised use, exploitation, or outright theft of creative works, ideas, trade secrets, and confidential information is known as intellectual property (IP) theft and is otherwise protected by intellectual property laws. There are many different types of IP theft, such as trademark infringement, copyright infringement, and patent infringement. Cyber espionage poses a threat to Indian firms, particularly those operating in the technology and innovation industries. This reduces the value of research, innovation, and competitive advantage, diminishing these industries’ capacity for economic growth.

• Online Financial Frauds- Financial Fraud happens when someone deceives you and takes your money or any other kind of assets through illegal means. And when the usurper uses the cyberspace or Internet to conduct its fraudulent measures, it is called online fraud. Cybercriminals target people and steal money from their bank accounts using a variety of strategies, including phishing, identity theft, and credit card fraud. Individuals directly lose money as a result of these fraudulent operations, which undermines their trust in online transactions and electronic payment systems.

• Financial Sector Vulnerabilities- Due to the possibility of significant financial gain, the financial industry is a top target for cybercriminals. Attacks on financial institutions, such as banks, payment gateways, and stock exchanges, cause financial losses as well as a decline in public confidence in the banking system. This can undermine economic stability and hinder the flow of investments. These monetary losses have a huge cumulative impact. In India, the cost of cybercrime was predicted to reach over $4 billion per year in 2019 by the Indian Council for Research on International Economic Relations (ICRIER). This sum accounts for both the direct financial losses and the indirect expenses related to reducing the effects of cyberattacks.

• Ransomware Attack- In a ransomware attack, the user’s data, folders, or entire device is taken over by the attacker until a ‘ransom’ cost is paid. It is a form of malware from the crypto virology family that threatens to leak the victim’s private information or completely bar access to it if a ransom is not paid. More sophisticated malware employs a method termed cryptoviral extortion, whereas other simple ransomware may just lock the system without deleting any files.  By using phishing attacks or malicious websites to infect a PC or a network, ransomware attacks take advantage of unpatched security flaws. Though just simple ransom paying doesn’t ensure data recovery, and furthermore, the cost of data restoration can lead to more financial burdens.

• Data Breaches- Sensitive information about people and businesses has been compromised in a number of high-profile data breaches that have occurred in India. These violations have long-term effects in addition to acute pecuniary ones. Businesses may experience negative effects on their income and growth prospects due to legal repercussions, reputational harm, and a loss of customer trust.

Threat Towards ‘Digital India’

India has placed a lot of emphasis on digital transformation programmes to use technology for governance, e-commerce, online services, and financial inclusion. However, the advancement and effectiveness of these transformational endeavours are seriously threatened by cybercrime.

• Erosion of Consumer Confidence- Consumer trust in digital platforms, e-commerce, and online services is damaged by cyberattacks. Data breaches, financial fraud, and identity theft occur often, which raises questions about the security of personal and financial data. Consumer behaviour is impacted by the decline in trust, and people are less willing to deal online and divulge personal information. The advantages of digital transformation will not be fully realised without a strong digital ecosystem based on trust.
  
• Compliance & Regulatory Challenges- Regulation and legal frameworks that handle growing threats and safeguard digital transformation projects are needed to combat cybercrime. Effective cybersecurity legislation, data protection laws, and privacy standards must be developed and put into place. Regulating bodies face difficulties keeping up with the rapid growth of cyber threats and establishing a safe and favourable environment for digital transformation. This entails making substantial investments in cybersecurity defences, encouraging digital literacy and awareness, establishing public-private partnerships, and creating a cybersecurity culture within businesses.
  
• Service Disruption- Critical digital services may be interfered with by cyberattacks, putting users through inconvenience and irritation. For instance, a successful DDoS attack on online service platforms or government websites can make them inaccessible, preventing citizens from using vital services. Such interruptions jeopardise the dependability and accessibility of digital platforms, impeding the advancement of initiatives for digital transformation.

Business Disruption

The rise of cybercrimes in India can affect businesses and corporate institutes terribly. They can suffer from financial loss, software disruption, phishing and others.

• Financial Implications- Costs associated with recovering from a cyber-attack are substantial. To restore systems and secure data, businesses must spend money on incident response, forensics, and remediation activities. Furthermore, failure to appropriately protect customer data may have legal and regulatory repercussions, such as fines and penalties. Small and medium-sized businesses (SMEs), who may lack the means and knowledge to adequately address cyber risks, may find it particularly difficult to deal with these financial pressures.
• Business Resilience- The importance of solid business continuity and disaster recovery planning is highlighted by cyberattacks. Businesses must spend money on preventative measures to safeguard their vital infrastructure, create secure data backups, and establish incident response procedures. If these precautions are not taken, cyberattacks will continue to interrupt business operations and have a greater overall impact.
• Downtime and Loss of Productivity- Cyberattacks that cause considerable downtime to corporate activities include distributed denial-of-service (DDoS) attacks and ransomware outbreaks. This downtime results in a loss of productivity and money. Even a small interruption can have a negative impact on supply chains, customer services, and overall operational effectiveness for firms that rely significantly on technology.

Data Privacy is a Myth

To commit, identity, theft and financial fraud, cyber criminals target personal data such as Adhaar or PAN numbers, bank account information, and credit card information. Various illegal activities, such as impersonation, loan fraud, and unauthorised financial transactions, can be committed using stolen identities. Individuals suffer financial losses as a result of these instances, which also reduce confidence in online services and transactions. Privacy and data protection laws are essential for protecting people’s personal information and holding companies accountable. However, regulatory and compliance structures are challenged by cybercrime. Cross-border operations are frequently involved in data breaches, making it challenging to identify and apprehend hackers. To properly address these issues, regulatory frameworks must be strengthened, data privacy laws must be improved, and international cooperation must be encouraged. Businesses in India run the danger of having their proprietary data, trade secrets, and consumer information compromised by data breaches. These hacks may be the result of business espionage to acquire a competitive edge or by hackers looking to make money by selling the stolen data. Financial losses, reputational harm, and a decline in customer trust are all effects. Individuals and companies need to prioritise cybersecurity measures in order to reduce privacy and data security breaches. Implementing robust authentication systems, encryption, and secure data storage procedures are all part of this. Individuals can be equipped to secure their personal information and recognise potential risks by encouraging digital literacy and awareness among them. Businesses should make substantial investments in cybersecurity infrastructure, carry out frequent security assessments, and follow data privacy laws.

Effects of Cybercrime on Society

Our web presence is constantly growing. Whether we buy food in-store or clothes online, every transaction leaves a digital trail that cybercriminals are always trying to exploit. Globally, there are now more cybercrimes due to increased internet usage. According to a National Crime Records Bureau of India report, from 2018 to 2020, there was an 84% increase in cybercrimes in India. Cybercrime affects both small businesses and huge organisations. The numerous negative repercussions of cybercrimes on society are explained in this article.

• Effects of Cybercrime on Infrastructure- Cyberterrorism is another serious danger to society. Millions of lives are at risk when cyberterrorists breach infrastructure-controlling systems like air traffic control. The risk of cyberterrorism increases with a country’s level of technological development. Healthcare websites are a target for cybercriminals. Sensitive information about patients and healthcare workers may be exposed. These online crimes can include denial-of-service attacks and malware. Cyberattacks on the healthcare sector could result in more than just monetary losses; they might also endanger the lives of patients.
• Effects of cybercrime on Businesses– Assume that when a customer purchases something online, an e-commerce company records their credit card information. Millions of people do business with this enormous company. Let’s imagine that at least 70% of their consumers use debit cards, credit cards, UPIs, digital wallets, etc. to make purchases. This indicates that the company has amassed a sizable online customer database. Hackers can gain access to internal systems if the organisation does not take the necessary precautions to secure and encrypt the sensitive financial information of its clients. Customers’ card information can be accessed, followed back to their bank accounts, and money was stolen. Many people may suffer financial losses as a result, which will produce a huge commotion in society.
• Effects on Individuals- Cyberbullying is the practice of using bogus information leak threats to extort online users. The effects of cybercrime extend beyond monetary damage, much like attacks on healthcare facilities. Victims may experience mental health issues like anxiety and depression, which can cause suicidal thoughts. Not only have our phones become smarter as a result of digitization. Smart homes are now possible thanks to artificial intelligence (AI) and the Internet of things (IoT), where you can turn on any device with a voice command. Your modern smart TV enables you to sign up for a variety of streaming services, but in the absence of a reliable security solution, it exposes your payment information to hacking.

How Laws Evolved around Cybercrimes in India

At first, there were no special provisions for cybercrimes in India. The Indian Judiciary added various aspects of cybercrimes in IPC through some landmark judgments like-

1. State of Tamil Nadu v. Suhas Katti^[1]: In this case, the Supreme Court held that the offense of hacking under Section 66 of the IT Act requires proof of mens rea or criminal intent.
2. Shreya Singhal v. Union of India^[2]: In this case, the Supreme Court struck down Section 66A of the IT Act, which criminalized the sending of offensive messages through communication services, as it violated the right to freedom of speech and expression.
3. K. Srinivas v. State of Karnataka: In this case, the Supreme Court held that the offense of cyberstalking under Section 354D of the IPC includes online stalking and harassment.
4. Sabu Mathew George v. Union of India^[3]: In this case, the Supreme Court held that the offense of publishing or transmitting obscene material in electronic form under Section 67 of the IT Act requires the intention to arouse sexual desire.

Also in,

1. Anvar P.V. v. P.K. Basheer^[4], the Supreme Court of India observed that the increase in cybercrime requires formulating new laws and strengthening existing ones to prevent and prosecute such crimes. The court also emphasized the need for awareness and education programs to inform citizens about the risks of cybercrime and how to protect themselves.
2. Sharat Babu Digumarti v. Government of NCT of Delhi^[5], the Delhi High Court held that the prevention of cybercrime requires the development of technological solutions and the cooperation of law enforcement agencies and internet service providers.
3. K.M. Shareef v. State of Kerala, the Kerala High Court emphasized the need for strict punishment for cybercrime offenders to deter others from committing such crimes.

Through various Case Laws, the accountability for cybercrimes expanded-

1. State of Karnataka v. Sri Raghavendra S. Navalgund: In this case, the accused was found guilty of unauthorized access to a computer system and stealing confidential data. The court held that the offense of hacking under Section 66 of the IT Act, 2000 requires proof of criminal intent and dishonesty.
2. Avnish Bajaj v. State: In this case, the founder of a popular online marketplace was arrested for hosting objectionable content on his website. The court held that the intermediary protection under Section 79 of the IT Act, 2000 can be availed of only if the intermediary takes reasonable steps to remove or disable access to the objectionable content.
3. Sanjeev Mishra v. State of Uttar Pradesh: In this case, the accused was found guilty of creating a fake social media profile to defame a woman. The court held that the offense of defamation under Section 499 of the IPC also applies to online statements.
4. Ramkumar v. State of Tamil Nadu: In this case, the accused was found guilty of using a fake identity to stalk and harass a woman online. The court held that the offense of stalking under Section 354D of the IPC includes online stalking and harassment.

Conclusion

In conclusion, the Indian economy and society are significantly impacted by cybercrime. In terms of financial losses, business interruptions, dangers to digital transformation, breaches of privacy and data security, as well as difficulties with law enforcement and justice, it presents considerable hurdles. These effects have wide-ranging repercussions for people, corporations, and society at large. In addition to causing financial losses and identity theft, privacy and data security breaches also erode user confidence in online services, which has an effect on the entire digital ecosystem. Investigation, prosecution, and deterrence of cybercriminal activity are hampered by difficulties in law enforcement and justice, including jurisdictional complications, cybercriminals’ anonymity, and deficiencies in technical expertise.

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Endnotes:

1. State of Tamil Nadu v. Suhas Katti, C No. 4680 of 2004
2. Shreya Singhal v. Union of India, AIR 2015 SC 1523; Writ Petition (Criminal) No. 167 OF 2012
3. Sabu Mathew George vs Union Of India And Ors., (2018) 3 SCC 229
4. Anvar P.V. v. P.K. Basheer, 2014 10 SCC 473
5. Sharat Babu Digumarti v. Govt. of NCT of Delhi, 2016 SCC OnLine SC 1464

This article is authored by Dibyojit Mukherjee, a student at the Institute of Law, Nirma University.

INTRODUCTION

Computers seem to have made our life easier as they could be used for several purposes like education, payment of various bills, source of entertainment, and access to surplus information of the global world among many others. What we often ignore is the threat it poses to whoever has access to it in the advanced form of crime known as ‘Cyber Crime’. Cybercrime is all about the use of a computer where either a computer is used to commit a crime or a crime has been committed by targeting a computer. In order to prevent such computer crimes, we now need a computer-based law called ‘Cyber Law’. Cyber laws protect computer networks against other computer networks by laying down rules, regulations, and guidelines regarding Cybercrimes.

CYBERCRIME

Cybercrime is an illegal invasion of information stored by an individual, corporations, and governments. Such invasion may not take place physically; the offender and victim may never be in contact with each other but what they invade is a personal and corporate digital body. The world’s first cybercrime was conducted in the year 1834 French Telegraph System when thieves hacked into the system of the French telegraph and succeeded in stealing financial market information. Since then, many cyber-crimes have been committed like Morris Code Worm, Malicious Code, Phishing, DNS Attack, BotNets, Bitcoin Wallet, and Android hack. Governments of many countries have started working together to stop such crimes.

TYPES OF CYBERCRIME

A. AGAINST INDIVIDUALS

a. Email Spoofing: The message appears to have been received from somewhere other than the actual source.

b. Spamming: Same message sent to millions of addresses in the hope to receive a response.

c. Cyber Defamation: Publishing of false information on cyberspace to harm the reputation of the person concerned.

d. Phishing: Stealing information by identifying himself/herself as the individual whose identity is stolen.

B. AGAINST PROPERTY

a. Software piracy: Copying of software illegally

b. Copyright infringement: Using any text, picture, music, or book that is under someone else right. 

C. AGAINST ORGANISATION

a. DOS Attack: The offender floods the server with numerous traffic so that the files cannot be accessed by the rightful owner.

b. Email Bombing: Infinite number of emails is sent to an email address to flood the service to which the email address belongs.  

D. AGAINST SOCIETY

a. Forgery: Where false currency, signatures and documents are produced.

b. Web Jacking: Fake websites are created to access the information of another.  

WHY CYBER CRIME?

1. EASY ACCESS: Lack of security and complex technology about which cybercriminals are well aware leads to breaches of data and much important information.
2. LESS USAGE OF MEMORY: Computers are prone to store a large amount of data in small spaces making it easier to be accessed by cybercriminals.
3. COMPLEXITY:  Programmes run under, millions of codes to which a layman is unaware and cybercriminals take advantage of this.
4. IGNORANCE: Human beings unaware of the computer world tend to ignore many factors related to the security of data which may lead to an illegal invasion of an uninvited guest.
5. DESTRUCTION OF EVIDENCE: Cyber criminals are used to committing the same crime over the year again and again which leads to efficiency in their way of data leads us that there through evidence of them breaking in the first place.

CYBERLAW

Cyber Law plays an important role to control crimes committed through computer networking and concerns all aspects involving technology have cyber laws about it.

In India, cyber laws origin can be traced in—

Information Technology Act 2000

Act based on United Nations Model Law on Electronic Commerce 1996.

The act gives:

1. E-Mail is valid and legal for communication.
2. Digital signatures are given legal status.
3. Digital certificates to new companies.
4. Government can issue e notices.
5. Communication between companies and the government can be done through an online network.
6. Addressing grievances of the general public through an online portal.
7. Ensuring security to digital data.

Shreya Singhal v. Union of India¹ legal status of Section 66A of IT Act, 2002 was challenged before the honourable Supreme Court. In the instant case, two women were arrested after posting objectionable comments due to the complete shutdown of Mumbai on the death of a political leader, in retorting they question the constitutionality of Section 66A of the said act. Whereas, the court held that Section 66A is legally valid as the statement given by an individual may be annoying even if not affecting reputation, and does not violate article 14 of the Indian constitution as there is intelligible differentia between speech by cyberspace and other forms of speech.

Avnish Bajaj v. State (NCT) of Delhi² in this case CEO of the website Bazee.com was arrested on the ground of broadcasting cyber pornography but was soon released as he was supposed to be nowhere involved in the said offence and shreds of evidence which were collected are directed towards some others who used the service of the website for sharing the cyber pornography.

INDIAN PENAL CODE, 1860

In India the Penalties of some offences are also mentioned in other acts depending upon the damage it may cause to the victim therefore offences like obscene material or sexually exploiting of children transferred electronically through the system of networks, acts of voyeurism, stalking, cheating, theft through electronic devices are all punishable offences under IPC.

State of Tamil Nadu v. Suhas Katti³ the accused in the instant case was a friend of the victim and was eager to marry her but the victim declined and got married [i]to someone else and later got divorced. Therefore, the accused coaxed the victim once again only to get rejected. Then accused made a fake account of Id on email by the victim’s name and posted obscene and defamatory information about the victim resulting in his arrest. Later, was charged with 2 years of rigorous imprisonment and a year of simple imprisonment along with a fine.

CBI v. Arif Azim⁴ through this case India got its very first cybercrime conviction someone named Barbara Campa logged into a website through which someone from a foreign country can purchase products to be delivered in India. The purchase of a Sony Colour TV with the wireless telephone was made under the same Id. Later, The credit card agency claims that the owner of the card through which payment was done had not done any purchase. CBI investigated the case and found that Arif Azim to whom the delivery was made worked at a call centre somehow got the details of Barbara Campa whose card was used for purchase. Arif Azim being a youth and first-time offender was released on probation for a year.

COMPANIES ACT 2013

The act specifies the technical requirements for a company and gives the government the power to punish anyone who doesn’t complement the technical requirements. Over time the effectiveness of these laws is advancing, giving guidelines for companies and their management to abide by.

IMPORTANCE OF CYBER LAW

Cyber laws are very important in the era of computers and advanced technology. It helps small-scale industries work effectively so that their productivity doesn’t get harmed, and allows the company to surf the internet without any barrier. Data recorded would be preserved and due to penalties, the capable intruder may not do so.

Presently, the Central government has no plan to form any organisation to deal with such matters but the government did make laws that are efficient enough. The government presented the National Cyber Security Council 2013 with the ministry of IT and Electronics aiming at the prevention of cyber threats, minimizing the damage done by cybercrime, and protecting the structure and data of computers. Ministry of home affairs passed a scheme aiming to prevent cyber crimes against children and women.

India is at 23rd rank out of 183 countries on the Global Cybersecurity Index of the UN. Further, the government aims at making it in the top ten of the list in the coming year.

CYBERSECURITY IN INDIA

Cybersecurity is the protection of the systems of networks by a firm or an individual for the sake of the protection of data in their system. Cybersecurity of one must be strong enough to fight against the illegal invasion by someone with the intention of misusing the data. With the advancement in technology, there are numerous ways in which one can invade your personal space due to these systems of the network must be protected effectively and efficiently.

To handle the problem of cybercrime—

• Using strong passwords.
• Protect your data with enough strong encryption.
• Protection of your personal information.
• Keep your systems updated.
• Usage of antivirus programs.

CONCLUSION

Nowadays, cybercriminals are harmful to both developed and developing countries, therefore they should work together to fight against cybercrime. Budapest Convention is the only multilateral treaty signed internationally in 2001 by various countries which came into existence in 2004. It provides guidelines to countries for the creation of a system that fights against cybercrime. In 2017, a Russian Resolution was put before United Nations that aims at sharing data among countries to prevent cybercrime. India states that sharing data with foreign countries goes against the National sovereignty of India and Budapest convention was drafted without the presence of India therefore it stands neutral.

Citations:

1. AIR 2015 SC 1523
2. 2008 DRJ 721: (2008) 150 DRT 769
3. C No. 4680 of 2004
4. 2013

This article is written by Simran Gulia, a BA LLB student from Maharaja Agrasen Institute of Management.

Introduction

Spyware has always been a murky subject in terms of spying between governments. Spyware has been viewed as a critical component since it is thought critically to monitor and identify individuals who may be involved in illegal or terrorist activities. On the other hand, it is hugely controversial because, while ostensibly targeting criminal activity, such organizations or businesses may attack civil citizens or protestors in any region. This is an important point to remember since such meddling might result in a cyberwar or cyberattack, which could affect the political system of a country like Estonia. The Pegasus case has served as a forewarning of forthcoming cybersecurity concerns and the legislation that is required to address them.

Facts

• NSO group technologies is an Israeli firm that specializes in the investigation. This firm developed the spyware known as ‘Pegasus.’ It is a commercial company that monitors terrorists, drug traffickers, and other criminals, supporting government intelligence and law enforcement in overcoming encryption and technical hurdles.
• WhatsApp, which is owned by Facebook Inc., filed a lawsuit against NSO Group Technologies in California court on October 29th, 2019.
• According to WhatsApp, the malware ‘Pegasus’ deployed by the corporation compromised the phone systems of 1,400 users from all over the world. Users included civil society members, journalists, and Human Rights defenders from nearly twenty nations, according to the report.
• Because NSO Group was unable to respond or attend in court, the court issued a notice of default.
• It was claimed that the corporation used computer infrastructure and remote monitoring to insert spyware into customers’ devices via WhatsApp, causing a dangerous code to establish a connection between the users and the company without the consumers’ knowledge.
• NSO groups claimed that they were not properly served with notice of the action in a timely manner, in violation of international law.
• According to WhatsApp, multiple attempts were made to serve the notification on the firm.
• On March 6, 2020, NSO filed an application with a California court to have the previous decision overturned because the notice was not served on time, which is a violation of The Hague Convention due to WhatsApp’s incomplete service.
• NSO filed a separate case against WhatsApp in Israel on November 26th, stating that Facebook had disabled their private accounts. Facebook responded by stating that they had done so for security concerns.

Argument and Decision

NSO stated that the petitioner had breached international law by failing to provide legal notice of the action filed in a California court of law. They further claimed that they were just targeting the customer’s database provided to them and that they had no intention of targeting WhatsApp users. Furthermore, they asserted that the company’s customers are foreign sovereigns and that as a private agent for such users and of a foreign state, they are entitled to immunity under US law. It was also maintained that because they were acting as a supplier and were following the orders of their customers or the government, they could not be held accountable. WhatsApp contended that the NSO’s action was purposeful and intended to spy on those involved in social causes or other civil society members. It requested a permanent order from the court to prevent NSO from interfering with WhatsApp and Facebook’s computer systems. It claimed that NSO had broken the California Comprehensive Computer Data Access and Fraud Act and had trespassed on WhatsApp’s premises without permission. The District Court of California ruled in favor of WhatsApp in July 2020, and the litigation will move forward.

What is Pegasus

NSO, an Israeli cyber arms outfit, developed spyware to track a user’s mobile device. A link is provided to the user or targeted person in this spyware, and as soon as the targeted person opens the link, malware is injected into the device, allowing surveillance of the target. A new version of the same is said to be more powerful and destructive, and it doesn’t even need the user’s help. This spyware was produced by the organization to keep an eye on terrorists and
other criminals. To carry out such actions, the NSO collaborates with other governments and law enforcement agencies.

Effects

The charges stated by WhatsApp in its court application are extremely serious. According to WhatsApp, once this malware has been downloaded to a user’s smartphone, it can access emails, SMSs, passwords, location, network information, browser history, and device settings. The Citizen Lab claims that in addition to contact lists and emails, it has access to the device’s camera and microphone, allowing it to record all calls and messages. Pegasus has also allegedly used WhatsApp’s video and voice call functions, allowing the spyware to infiltrate the smartphone without the user’s knowledge.

Indian Laws governing Spyware Attacks

In India, the Pegasus case served as a wake-up call. Many Indian activists and civil society members were allegedly spied on by this spyware, according to WhatsApp. This calls into doubt India’s data protection and privacy laws. The ‘Right to Privacy’ was recognized as a fundamental right in the case of Justice Puttaswamy v. Union of India, and like any other fundamental right, it is subject to some limitations. There are four tests that can be utilized in privacy cases, according to Justice Chelameshwar:
Under Article 14, arbitrary state action may be subject to a reasonableness inquiry. The verdict makes it apparent that privacy, as a basic right, is a private aspect of citizens’ lives that must be preserved as a right under Article 21, which guarantees the right to life and personal liberty. Even when certain limits are imposed for the sake of public order or national security, people’s fundamental rights should not be violated. The Pegasus case demonstrated how spyware can compromise a user’s privacy and personal information. As a result, it is critical to analyze and implement a solid data privacy policy.

Conclusion

Spyware incidents like Pegasus represent the beginning of a new era of digital warfare. Such situations are likely to become more common as technology advances. It is critical that there are strict rules in place in the event of foreign unauthorised access to devices and spyware control limitations. The Pegasus case also emphasized the necessity for spyware regulation, as the goal of targeting users who are criminals or suspicion of criminal activity might extend to spying on persons like activists and protestors, threatening democracy and individual privacy in the long run.

References–
1. The Pegasus case and the laws concerning spyware in India – iPleaders

This article is written by Vidushi Joshi student at UPES, Dehradun.

Introduction

When we talk about crimes in society people in layman language think that crimes mean a violent act that causes any injury or hurt in a physical manner to an individual, crime is of the nature to cause someone bodily injury physically or mentally. But do we realize that crimes can be differentiated on the basis of their nature & crimes need not always cause a bodily injury to a person? There are crimes present in society that is non-violent in nature & do not cause any bodily injury to a person. 

“White Collar Crimes” are crimes that are non-violent & are committed for monetary gain; these can be committed by an individual, group of people, or even an organization as well. In these crimes, there is a breach of trust, deception of money or property, or some other gain of the wrongdoer. Edwin Sutherland a famous American Sociologist, defined white-collar crimes as “the crimes committed by people who enjoy great repute, high status (social), & hold the higher respectable post in their respective occupation”.  Herbert Edelhertz, chief of the Federal Department of Justice, in 1970 defined White Collar Crimes as “an act or series of illegal acts committed by non-physical means to obtain money or property by way of guile or concealment to obtain business or personal advantage” he emphasized more on the nature of crime rather than the offenders attribute.    

Rise of White Collar Crimes in India

Bribery, Fraud & Corruption is probably the most familiar recognized white-collar crimes in India & the world. The Business Standard in 2016 distributed a report named “The changing elements of white-collar crimes in India” expressing that over the recent 10 years, the Central Bureau of Investigation (CBI) has tracked down an aggregate of 6,533 instances of corruption out of which 517 cases were filed in the last two years. 

Stats showed that 4,000 crores worth of exchange were done utilizing phony or replicate PAN cards. Maharashtra showed a speedy growth in the number of online cases with 999 cases being enlisted. The report likewise referenced that around 3.2 million individuals endured a misfortune due to the theft of their card details from the YES Bank ATMs which were managed by Hitachi Payment Services. 

Progression in business and technology has welcomed phenomenal development in one of the kinds of white-collar crimes, known as cybercrime. Cybercrimes are expanding in light of the fact that there is just a little danger of being gripped or pinched. India’s position on Transparency International’s corruption perception index (CPI) has been worked on throughout the years. 

In 2014, India was positioned 85th which later advanced to 76th position in 2015 in light of a few measures to handle white-collar crimes. In 2018, according to the report of The Economic Times, India was set at 78th position, showing an improvement of three focuses from 2017, out of 180 nations. 

India is a developing nation and white-collar crimes are turning into a significant reason for its development alongside health, poverty, etc. The pattern of white-collar crimes in India represents a danger to the financial advancement of the country. These violations require prompt mediation by the public authority by making exacting laws as well as guaranteeing its appropriate execution.

Grounds for White Collar Crimes in India

• Absence of mindfulness 

The kind of white-collar crimes is unique in relation to the conventional type of crimes. The vast majority doesn’t know about it and neglect to comprehend that they are the most exceedingly awful victim of crime.

• Absence of strict laws 

Since a large portion of these crimes is worked with by the internet and advanced strategies for the transfer of money, laws appear to be hesitant to seek after these cases as examining and following turns into a troublesome and convoluted work. Why it gets hard to follow it is on the grounds that they are normally dedicated to the protection of a home or office subsequently giving no witness to it.

• Competition

Herbert Spencer on reading, ‘On the Origin of Species by Charles Darwin, authored an adage that advancement signifies ‘Survive of the fittest’. This suggests that there will consistently be a contest between the groups and the best individual to adjust to the conditions and conditions ought to endure.

• Greed

Machiavelli, father of politics unequivocally accepted that men essentially are covetous. He said that a man can sooner and effectively fail to remember the demise of his father than the deficiency of his legacy. The equivalent is valid on account of the commission of white-collar crimes. For what reason will a man of high societal position and significance, who is monetarily secure, perpetrate such crimes if not out of greed?

Types of white collar crimes in India

• Bank Fraud: Bank fraud is a criminal act where an individual, by illicit methods, draw out cash or resources from the bank. The fraud can likewise happen when an individual erroneously addresses himself to be a bank or monetary foundation and draw out cash or resources from individuals. 

In this way we reason that bank fraud can be executed in two ways:

• By utilizing illicit intends to draw out cash or resources from the bank or any monetary establishment. 

• By erroneously addressing oneself to be a bank or any monetary organization, the individual withdraw cash or resources from individuals.

Bank fraud punishments are mentioned in India under the Indian Penal Code, 1860. Sections like 403 which manages criminal misappropriation of property, Sec. 405 which manages criminal breach of trust, 415 which manages cheating, 463 forgery, and 489A arrangements with falsifying of cash, manages the crimes of fraud in banks.

• Extortion: Extortion is a crime under section 383 of the Indian Penal Code, 1860. When one party constrains another party for remission of cash, or property or administrations, he is said to have perpetrated the crime of extortion. It is a white collar crime in light of the fact that an official may utilize his authority right and utilize his higher position in the organization to undermine someone else for giving cash, or moving property, or for offering types of assistance.

The case of People v. Fort laid certain elements to be proven for the crime of Extortion (i) There ought to be a correspondence of requests by one party to another, (ii) All together for the satisfaction of the requests, the other party or his family ought to be taken steps to cause some injury, & (iii) There ought to be a goal to coerce cash from the other party for some benefit. The other party ought to be taken steps to do or not to accomplish something.

• Forgery: As characterized under Section 464 of the Indian Penal Code, 1860, alludes to the falsifying of checks or protections determined to dupe the other individual. It is entirely expected in the account section of the organization where the agents or the staffs make false records and flee with organization’s cash consequently making misfortune that organization. 

For example in 2019, Ravi Prakash, Chief of TV9 News Channel, was taken out from his post on the charge of forgery.

• Cyber Crimes: As the utilization of computer and web is expanding, so is the crimes identified with it. The crimes which include the utilization of computer, combined with the utilization of web are called cybercrime. It is the place where the computer is utilized as the object of the wrongdoing or as an apparatus to perpetrate an offense. Cyber stalking, cyber-crime related to individual, property, child pornography etc. are example of cyber-crimes.

The solitary enactment which manages the offenses identified with cybercrime is Information Technology Act, 2000. The specific meaning of cybercrime has not been given in any of the acts or laws as it’s anything but conceivable to characterize such nature of crimes where computer and web are included.

Major Judicial Pronouncements on white collar crimes in India

In the case of SEBI, Allahabad High Court, the learned direction in the interest of SEBI guaranteed that the organization is as a rule wrongly charged as the organization was not in a situation to pay its obligations, including installments to its investors. At the point when the advertisement by the organization was put to address, the board said that the advertisement was given in 2003 while the request was passed in 2004 when the organization was not in a situation to recompense its obligations. Also, the amount of cash that the investors were asserting was no place referred to. The fundamental cause of the guide made the governing bodies raise the discipline from 1 year to 10 years and furthermore expanded the fine which may now reach out to 25 crores by correcting the laws under section 24(1) of the SEBI Act. Finally, Ravi Arora, the denounced, was held to be liable.

In the case of Abhay Singh, there were two appellants against whom a charge sheet was petitioned for an offense under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 read with Section 109 of the Indian Penal Code, 1860. It was asserted that both the accused had gathered unbalanced wealth (black money) according to their pay when they were the member of the legislative assembly. 

At the point when the Central Bureau of Investigation (CBI) started its examination, it was tracked down that the father of the appealing party had gained enormous properties and same as the case with the appellants. The High Court held that the litigant had given an entirely unexpected office of the denounced than they were really holding around then. Accordingly the authority under Section 19 of the Prevention of Corruption Act, 1988 was held to be with no legitimacy.

Conclusion

As our society is developing towards innovation and the world is encountering new mechanical progression, the pace of crimes is likewise expanding at a quicker rate. Especially the development in white-collar crimes has been colossal.

The government should make laws that are sufficiently strict to lessen the commission of such crimes. Furthermore, the framework ought to be to such an extent that not just there exist laws giving severe discipline to the denounced yet, in addition, arrange off greatest cases in a brief time. Failing to do so may result in individuals will lose total confidence in the framework, as these crimes are committed by individuals who should go about as a good example for society.

This article is written by Ajay Kataria, from Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.

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