Cyber Offences Research Articles

Cybersecurity Challenges in Net Energy Metering: Legal Frameworks and Practical Solutions

Net Energy Metering (NEM) has emerged as a key factor in Modern Energy Management, empowering consumers to produce their own electricity and return Net Excess Generation (NEG) to the grid. However, the increased usage of NEM has introduced significant network security challenges. As millions of electronic devices are interconnected through communication networks across critical power facilities cybersecurity has become a concerning factor, directly affecting the reliability of such extensive infrastructure. This paper gives an insight into the rising cyber offences associated with NEM systems, stipulates the legal framework, e-governance, and liabilities under the Information Technology (IT) Act, 2000. Categorization of potential cyber threats like Access control, database security and encryption, intrusion detection, malicious software, operating system vulnerabilities and security, application security has been highlighted. Evaluation of Time of Day (ToD) pricing mechanism focusing on real time monitoring and energy efficiency during peak and off-peak consumption. Incorporating Virtual Private Networks (VPNs) and other cybersecurity measures to safeguard the integrity and reliability of NEM systems. The paper illustrates the impact of cybercrimes on NEM, by exploring existing applications and case studies. It underscores the necessity of implementing robust cybersecurity practices to protect these systems. The objective of the paper is to raise awareness about the cybersecurity challenges encountered in NEM systems and to propose practical solutions to mitigate these risks, ensuring a safe and regulated environment for the functioning of smart grids in a progressively growing digital world.

Mutual Legal Assistance in Combating Cybercrimes in the East African Community

This paper is devoted to exposing the challenges facing the East African Community in fighting computer crimes. Several comparisons were made where Kenya, Uganda, Burundi, Rwanda, and Tanzania were used as focal points in examining the effort and mutual assistance in fighting cybercrimes. It was, however, revealed that computer crime has increased, and so have the computer cyber challenges. Looking into the bigger picture of cyber offences around the world, Africa, especially the East Africa Community, is not immune to cyberattacks, and henceforth, there is a dire need for a common understanding of such mischief at the global and regional levels. This thesis depicts the solution to these challenges, including global legislation and the mutual assistance of all states. Although currently there is no global legislation to counter transnational cyber offences, East Africa, on the other hand, has shown a way through its EAC Treaty, which is not even effective in deploring mutual and joint efforts in addressing the problem of cybercrimes in the whole of East Africa. This thesis has given credit to Rwanda as a member of the EAC, which has good and comprehensive legislation dealing with computer crimes and is the only single-country effort in the absence of a majority. Likewise, this thesis has expounded on the existing gap in Chapter 4, which has addressed computer crime in the EAC, and recommendations were made, especially to learn from other countries that have succeeded in fighting computer crimes, including Rwanda. The study deployed qualitative research methods as an alternative to gathering information. The reason was that qualitative research improves a substantial part of the law, which could result in achieving the broader goal of the study.

PEOPLE WITH AUTISM AND THE PROPENSITY FOR LAW-BREAKING: A SPECIAL EDUCATION TEACHERS’ PERSPECTIVE

Autism is a subtype of neuro-developmental disorders, that causes the afflicted person to have social skills deficit, which then manifests into their behaviours. Behaviours that are typical among persons with autism, such as obsessions with daily routine, difficulties in understanding abstract matters and codes of conduct may expose them to engage in indecent acts in public or exhibit other forms of risky behaviours that violate social norms and break the law. The objective of this research is to study the behaviour of persons with autism who tend to break the law based on the perspective of teachers at autism centres in Malaysia. Data were collected through focus group discussion (FGD) with 25 special education teachers who were directly involved in the process of early intervention and education of children with autism. Data obtained were then analyzed descriptively and thematic analysis was conducted to obtain the recurring themes. Results of FGD demonstrated that the frequently emerging themes of rule-breaking behaviors committed by persons with autism are physically hurting others, setting buildings on fire (arson), vandalism of public property, theft, sexual and cyber offences which are considered criminal acts under the Penal Code and the Shariah Criminal Offences State Enactment/Act. Most research participants, however, considered these behaviors to be part of the individual with autism behavior and thus do not consider them serious enough to report to law enforcement for investigation and prosecution. Thus, it is recommended that teachers, parents, and caretakers be more attentive to preventing high-risk behavior of persons with autism through ongoing early intervention programs tailored to meet the needs of persons with autism. Research findings can help society tobetter understand autistic behavior that needs timely intervention, so it will not lead to an investigation by the police or criminal prosecution.

Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application

Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The paper considers such terms as «computer crime», «information crime», «crime in the field of computer information», «crimes in the field of information technology». Scientific works of domestic and foreign researchers on the issues of countering cybercrime are analyzed. The connection of the concept of «cybersecurity» with the terms «cybercrime», «computer crime» and «cybercrime» the concepts of «cybercrime» was given. The difference in the interpretation of the concepts «cybersecurity» and «information security» was considered. The definitions of «cybercrime», «computer crime» and «cyber offense» were given for comparison. Their main features were considered. The concept of «computer victimhood» and its components were considered. With the introduction of the institute of criminal offenses in the national criminal law, the terms «cybercrime» and «computer crime» should lose their relevance, as evidenced by the change of title of Chapter XVI of the Criminal Code of Ukraine to «Criminal offenses in the use of electronic computing machines (computers), systems and computer networks and telecommunications networks». Therefore, instead, we can recommend the use of the term «cyber offense», which we propose to understand as «socially dangerous criminal act in cyberspace and/or using it, liability for which is provided by the law of Ukraine on criminal liability and/or which is recognized as a criminal offense by international treaties of Ukraine, and cybercrime is a set of cyber offences». It is clear that this will require the introduction of appropriate terminological changes in the Law of Ukraine «On the Basic Principles of Cyber Security of Ukraine» and other regulations.

Cybercrime Regulation through Laws and Strategies: A Glimpse into the Indian Experience

Cybercrimes in India is increasing at an alarming rate. Though various legal provisions under the conventional criminal laws including form the Indian Penal Code, could be used to regulate the cybercrimes, yet the changing nature of these crimes necessitated adoption of a new law framework. Thus, the Indian Information Technology Act was enacted in 2000 but seldom could regulate cybercrimes since it focused on promoting and facilitating e-commerce and e-governance. This Act underwent amendment in 2008 to accommodate provisions essential to regulate cybercrimes as well as protect data and privacy on cyber space. In addition to the law, other strategies were designed and adopted to better regulate cyber offences including announcing cyber security policies, constituting institutions to take care of certain concerns including those relating to critical infrastructure information, etc. This paper aims to provide an overview of the approach adopted in India primarily the legal approach adopted to regulate cybercrimes. Additionally, other strategies adopted by India is also reviewed in brief. Despite these, since cybercrimes are technical as well as dynamic in nature, there is a need to constantly review and revise nation’s strategies, which is also one of the objects of this paper.

Cyber Crimes and the Legal Implications on the Social Networking Websites

The purpose of the research paper is to show how laws enacted under different statutes regulate cyber crimes occurring on social networking websites. Even though it appears that social media has got the world closer, there is a flip-side to it. Many offenders use this vulnerable means to commit offences related to computer, computer system or computer networks. Social Networking websites are used as a means for communication and interaction among people across the globe, be it reuniting with old ones or meeting new people. The hitch with this kind of social media involves several other aspects, rather than just meeting new people and exchange of ideas. The cyber offenders use this as a medium to commit offences related to privacy, defamation, misrepresentation of identity or cheating by impersonation, obscenity, sending offensive messages, cyber terrorism so on and so forth. Many people have fallen prey to these offences due to lack of awareness and overuse of these social networking websites. The fear of lagging behind in this technology race has led to the increase in the statistics of these crimes. The researcher would want to delve into the main components of the offences relating to technology which take place on an everyday basis on these social networking websites. Also, the researcher would also want to examine the cases relating to the cyber offences happening on these social networking websites, which have got the attention of the public. To conclude the researcher would want to make observations about how law and the courts have together to worked in providing justice to the victim.

Cybercrime Regulation through Laws and Strategies: a Glimpse into the Indian Experience

Cybercrimes in India is increasing at an alarming rate. Though various legal provisions under the conventional criminal laws including form the Indian Penal Code, could be used to regulate the cybercrimes, yet the changing nature of these crimes necessitated adoption of a new law framework. Thus, the Indian Information Technology Act was enacted in 2000 but seldom could regulate cybercrimes since it focused on promoting and facilitating e-commerce and e-governance. This Act underwent amendment in 2008 to accommodate provisions essential to regulate cybercrimes as well as protect data and privacy on cyber space. In addition to the law, other strategies were designed and adopted to better regulate cyber offences including announcing cyber security policies, constituting institutions to take care of certain concerns including those relating to critical infrastructure information, etc. This paper aims to provide an overview of the approach adopted in India primarily the legal approach adopted to regulate cybercrimes. Additionally, other strategies adopted by India is also reviewed in brief. Despite these, since cybercrimes are technical as well as dynamic in nature, there is a need to constantly review and revise nation’s strategies, which is also one of the objects of this paper.

Is online fraud just fraud? Examining the efficacy of the digital divide

PurposeFraud is not a new offence. However, the recent evolution and proliferation of technologies (predominantly the internet) has seen offenders increasingly use virtual environments to target and defraud victims worldwide. Several studies have examined the ways that fraud is perpetrated with a clear demarcation between terrestrial and cyber offences. However, with moves towards the notion of a “digital society” and recognition that technology is increasingly embedded across all aspects of our lives, it is important to consider if there is any advantage in categorising fraud against the type of environment it is perpetrated in. This paper aims to discuss these issues.Design/methodology/approachThis paper examines the perceived utility of differentiating online and offline fraud offences. It is based upon the insights of thirty-one professionals who work within the “fraud justice network” across London, UK and Toronto, Canada.FindingsIt highlights both the realities faced by professionals in seeking to ether maintain or collapse such a differentiation in their everyday jobs and the potential benefits and challenges that result.Practical implicationsOverall, the paper argues that the majority of professionals did not feel a distinction was necessary and instead felt that an arbitrary divide was instead a hindrance to their activities. However, while not useful on a practical front, there was perceived benefit regarding government, funding and the media. The implications of this moving forward are considered.Originality/valueThis paper provides new insights into how fraud justice network professionals understand the distinction between fraud offences perpetrated across both online and offline environments.

The Concept of Cybercrime: Applying the General Part to Limit Offending via Cyber Means

In this paper I shall argue that cybercrime is by and large a broad term that catches crimes that are perpetrated through cyber means/methods. Most crimes that are referred to as cyber crimes are not in fact attacks on cyber technological cyber devices, data, programs and services per se, such as computers, databases, servers and so on. Rather the bulk of cyber offences are simply traditional crimes such as fraud, theft, incitement of hatred, incitement of crimes of violence, obscenity offences, blackmail and extortion, copyright theft, fake news (slander and libel), and terrorism, which are perpetrated with the help of cyber technology. This creates a big problem for lawmakers and enforcers, because technology such as the Internet, Tor, the Dark Web, illicit sites such as the Silk Road and pirate movies sites such as Putlocker have allowed these crimes to be perpetrated on a scale not possible with traditional non-cyber means. Coupled with that, crypto-currencies are facilitating money laundering. Anonymity and a lack of regulation means crypto-currency such as Bitcoin assists organised crime gangs to hide the proceeds of their crimes. Regulation to police crypto-currencies is inadequate and urgently needs an international response. Crypto-currencies are akin to the hidden Swiss bank accounts of the past, but with an added layer of anonymity. Crypto-currencies also have the potential to facilitate tax evasion.

Victims of cybercrime in Europe: a review of victim surveys

ObjectivesReview the evidence provided by victim surveys in order to provide a rough estimate of the personal crime prevalence of the main types of cybercrime.MethodsWe performed a search in databases, searched online, and contacted several Offices for National Statistics in Europe and selected surveys that provided information about individual victims of crime which were representative for a general population. Six types of cybercrime have been distinguished, namely online shopping fraud, online fraud banking/payment, other cyber fraud (such as advanced fee fraud), cyber threats/harassment, malware, and hacking. For every survey the questions on cybercrime are presented and the crime prevalence estimates are compared.ResultsNine surveys were included. Annual crime prevalence rates ranged from 1 to 3% for online shopping fraud, from less than 1 to 2% for online banking/payment fraud. Less than 1% of the population is a victim of other types of fraud and a maximum of 3% of the population experiences some sort of online bullying such as stalking (1%) or threatening (1%). 1–6% is a victim of hacking. The estimates for being a victim of malware range from 2 to 15%. For all offences it cannot be estimated how much of the differences are due to variation in methods and questioning between the studies or real differences between countries or change over time.ConclusionsAs yet there have been very few well performed randomised sampled studies on cybercrime amongst the general population. Cybercrime prevalence (and its trend) can only be well measured if the questions are frequently updated and adequately address new aspects of cybercrime. To adequately monitor cybercrime in the future it is advisable to develop some fairly abstract main categories that are of durable validity, whilst allowing for up-to-date illustrations. Furthermore, ideally the questioning in the ongoing surveys in the different countries should be standardised and there should be a uniform categorisation of the different cyber offences. A screening question in order to permit more accurate dating is essential to reduce telescoping bias. Surveys should ask about the impact on or damage to the victims.

Cyber offences: Emerging Menace combating with spatial tort and Technical countenance with cross site scripting

This paper explores the vulnerabilities of sites which are vulnerable with cross site scripting in this paper here we have given some example of vulnerable sites with its impact and remedies. these all sites are taken as example if there are sites which have given vulnerability then one can understand the impact, details and remedy of cross site scripting. Developer can save their sites by avoiding this types of loopholes while they are developing sites.it can be helpful to one who want to understand that how cross site actually works and how sites are vulnerable and how websites get vulnerable to the one who have malicious intention.

Role Played by Police Authorities in Prosecution of Offences under the Information Technology Act A Need for Reform

With the increasing use of computers and Internet, communication has become faster, commerce has become easier and more accessible, and governance is now more transparent and reaches the grass roots. While this is the brighter side of the electronic advancement of computer technologies, there is also a darker side of the problem, which is that of crimes of such nature being committed through the cyber zone that its implications in the society do not leave even a child using the Internet untouched. Nowadays, nearly everyone uses electronic devices every day which is a potential tool, subject or victim of cyber crime. Children are taught computer basics as early as kindergarten and public libraries allow people free access. The result is that cyber criminals no longer need a Ph.D. While, in the past, a typical cyber criminal was a gifted programmer, today it could be anyone. Once a cyber crime occurs and a report is made the biggest question comes before the prosecutors is the prosecution of cyber offences. The criminals in the cyber world are not like street criminals, these are professionally educated white collar criminals. This raises the big issue of prosecution of cyber criminals and the issue is further aggravated by the fact that Indian Law Enforcement Agencies do not have appropriate orientation in the direction of Detection, Investigation and Prosecution of Cyber Crimes. The Indian Law Enforcement Agencies do not have the appropriate quantum of well-trained personnel in this regard. Most of the prosecuting officials are not aware of the technicalities of the computers as collection of evidence in cases of cyber crimes require skill of exceptional quality and only a specialized person can collect evidence in such cases. The Indian evidence Act is also amended with commencement of IT Act 2000, but admissibility of evidence or special kind of evidence for cyber offences are not prescribed which leaves the prosecuting authorities pathless as they don’t know to move into which direction or to collect what evidence helpful for the trial of offences. The present paper is based on a sociolegal study conducted in the city of Nagpur by collecting empirical data from various Police Stations at Nagpur and the analysis of the same depicts alarming results, for e.g., unawareness about cyber crimes, evidentiary issues involved in cyber crimes, un-organization of cyber cafes, etc. The paper would suggest some measures to have an effective team for prosecution of cyber crimes.

Cyber Crime and its Related Aspects under I.T. Act, 2000 and its Prevention

Cyber Crimes are increasing day by day and are posing a great threat to internet users. This paper discusses the Cyber crime, its nature and types. Various tools and techniques used for cyber crime are evaluated in this paper. The paper also discusses cyber related laws under Indian Penal Code and their application to the cyber offences. With the discussion of cyber crimes, this paper proposes the strategies to prevent cyber crimes and recommend policies for cyber crime prevention.

An Appraisal of the Nigerian Cybercrime (Prohibition, Prevention Etc) Act, 2015

Today’s world is the e-world. It is powered by e-speed, digital innovation and borderless expanse; we live in the e-age of emerging information society. Information technology has enhanced several aspects of human life and has made virtually everything easier. But it comes with a price, which is the use of the internet for perpetuation of various forms of cyber offences. Several jurisdictions have recognized the use of the internet for criminal activities and have enacted Laws regulating the conduct of persons in the cyberspace. Up until the 5th of May 2015 when the Nigerian National Assembly passed the Cybercrime (Prohibition, Prevention etc) Act 2015, into Law, Nigeria failed to enact any Laws regulating cybercrimes. Therefore, this article attempts a critical analysis of the Provisions of Act, highlights the pitfalls of the Act and possible conflicts with other Acts of the National Assembly.

Law Relating To E- Commerce: International and National Scenario with Special Reference to India

In the knowledge society of 21st century, computer, internet and Information and Communication Technologies (ICTs or e-revolution) have changed the life style of the people. Today we have new terminologies like cyber world, netizens, e-commerce, etc. Apart from positive side of e-revolution there is a seamy side also resulting into cyber offences.
 Further, in 1990s Business people were aware of increasing use of ICTs as it was easier, faster and cheaper to store, transact and communicate electronic information but were reluctant to interact electronically because there was no legal protection under existing laws. Accordingly, a new Branch of jurisprudence known as Cyber Law or Cyber Space Law or Information Technology Law or Internet Law, emerged to create order in cyber space. For the first time, a Model Law on E-commerce (MLEC) was adopted in 1996 by United Nations Commission on International Trade and Law (UNCITRAL) which was subsequently adopted by General Assembly of United Nations . Significantly, main objective of MLEC was to have uniformity at international level regarding law relating to e-commerce and to provide equal treatment to paper-based and electronic information.
 Various countries, signatories to this Model law either enacted new laws or amended their existing laws in tune with this Model Law. India was also a signatory to this Model law and hence, enacted the Information Technology Act, 2000. To keep pace with technology, the Model law on E-Signature (MLES), 2001 was adopted by United Nations Commission on International Trade and Law (UNCITRAL). Accordingly India enacted the Information Technology (Amendment) Act, 2008.
 However, a critical analysis of the said Model Laws shows that various legal issues (such as Jurisdiction, Taxation, IPRs and Domain Names) arising due to activities of in E-commerce in cyber space remain untouched by these Model Laws and are attracting attention of international community.
 This paper is a humble attempt to make indepth study of International and Indian Law relating to ECommerce and various legal issues which need immediate attentions.

Settlement of cyber disputes through terrestrial provisions

PurposeThe purpose of this paper is to focus on how law, together with the internet, has created a new environment in the legal arena; and how the USA as a high‐tech nation relying upon previous territorial experience is making a new pathway for all the concerned persons and organizations to overcome the problems that have come out of cyber peculiarity.Design/methodology/approachThis article is based on keen observation and intensive analysis of the US case laws and practices. This article concentrates on the study of the American cases as a representative type of hi‐tech nations for searching the influences of traditional territorial concept on the settlement of internet cases.FindingsIn spite of the inevitability of a distinct set of laws and legal principles to be adopted for cyber offences, the traditional territorial law can provide elements for cyber‐legal issues. As for being a pioneer hi‐tech nation, the US courts, whether federal or provincial, are very much inclined to decide the internet cases on the basis of territorial concept by applying the principles of traditional territorial notions.Originality/valueThe judges, lawyers, jurists, governments, public authorities, local authorities, statutory bodies and all other persons and institutes concerned from around the world shall find indications to chalk out the framework of solution for cyber disputes from the US practices.

A rigorous approach to formalising the technical investigation stages of cybercrime and criminality within a UK law enforcement environment

As the Internet evolves and continues to become a compelling part of our everyday lives, individuals, communities and nations alike are becoming increasingly exposed to the growing threat of the cybercriminal. The aim of this paper is to widen the discussion surrounding the many global issues and challenges of cybercrime investigation with specific reference to UK law enforcement. This paper first discusses the vast transnational landscape now associated with cybercrime and the rapid growth in cyber offences and other unacceptable Internet behaviours. The emerging characteristics of cybercrime are then presented as a Cybercrime Execution Stack. This logical model of cybercrime demonstrates an objective view and is aimed at identifying the common characteristics of cyber criminality that are likely to occur during the commission of an offence or other illicit behaviours. The concepts of a cybercrime investigation framework focussing on a UK law enforcement environment are introduced following the stages of Initiation, Modelling, Assessment, Impact and Risks, Planning, Tools, Action and Outcome. The benefits of such a framework are intended to provide a cybercrime investigator with a much richer understanding of the complex technical elements of networked technology and the Internet that must be considered when conducting a rigorous cybercrime investigation.

Information Technology (Amendment) Act, 2008: A New Vision through a New Change

[enter Abstract Body]The Information Technology Bill, 2008 has been passed both the houses of Parliament in the last week of December, 2008 and was signed by the President of India on February 5, 2009 and became the Amendment Act. The Amendment Act aims to make revolutionary changes in the existing Indian cyber law framework, including incorporation of Electronic Signature i.e. enable authentication of electronic records by any electronic signature technique. There are insertions of new express provisions to bring more cyber offences within the purview of the Information Technology Act, 2000. There are various provisions in the new amendment relating to data protection and privacy as well a provision to curb terrorism using the electronic and digital medium. The original Act i.e. Information Technology (IT) Act, 2000 is the legislation to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide. The amendment has defined “intermediary” so as to bring clarity in the legislation when it comes to deciding the onus of offence. Now, Intermediaries are required to remove unlawful data or content on receiving information about it. Definition of Communication Device and Cyber Cafe has also been incorporated in the amendment act. The upper limit of compensation for damage to computer, computer system etc has now been removed and now it can go to any just compensation. In Section 43 two new offences have been added i.e. destroying, deleting or altering information in a computer resource to diminish its value and stealing concealing or destroying any computer source code with intention to cause damage. The responsibility of body corporate Data protection is greatly emphasized by inserting Section 43A in the Amendment Act whereby corporate bodies handling sensitive personal information in a computer resource are under an obligation to ensure adoption of reasonable security practices and procedure to maintain its secrecy. The failing in performing such obligation by such body corporate will make them liable to pay damages by way of compensation, to the person so affected. Sections 66A to 66F have been added to include 8 more offences as cyber crime. The offence includes sending offensive electronic message, identity theft, cheating by impersonation using computer resources, violation of privacy and cyber terrorism. Incorporation of Sections 67 A to 67 C i.e. publishing or transmitting material in electronic form containing sexually explicit act, Child pornography and obligation of intermediary to preserve and retain such information as may be specified by central government. Section 69 has been redrafted enabling Government agencies to intercept, monitor or decrypt any electronic information with the help of subscribers, intermediary or person incharge of computer resources. With amended section 79, Intermediaries are not liable for third party data if they can prove they have only limited function as access, do not initiate the transmission or do not select receiver and finally taken all due diligence. They are required to remove unlawful content on receiving “actual knowledge”. In section 81 of the principal Act, the following proviso has been inserted at the end, which provides that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970. So, the rights under patents act and copyright act may always be exercised.

E-Commerce Law in Developing Countries: An Indian Perspective

Following the United Nations Commission on International Trade Law (UNCITRAL) Model Law on E-Commerce, the Government of India enacted the Information Technology Act in June 2000. The Act facilitates E-commerce and E-Governance in the country. The Act also establishes a regulatory framework and lays down punishment regimes for different cyber crimes and offences. The problems generally faced by developing countries render it more difficult to effectively implement such 'high tech' legislation as envisaged by the Model law. This article is divided into three parts. The first gives a brief introduction to the Model law and an overview of the Information Technology Act. The second part points out the main differences in the Model law and the Information Technology Act regarding the provisions relating to Electronic signatures and E-contracts. The final part addresses the difficulties that might arise while implementing the Act in a social and economic context and stresses the need to promote electronic governance. It is argued that the lack of adequate training of law enforcement personnel leads to undesirable results, as demonstrated in the 'first landmark case' in the history of cyber crimes in India.