The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet.
The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce.
Cyber Crime is not defined in Information Technology Act 2000 nor in the National Cyber Security Policy 2013 nor in any other regulation in India.
The Information Technology Act 2000 (the IT Act) read with the rules and regulations framed thereunder deal with cybersecurity and the cybercrimes associated therewith. The IT Act not only provides legal recognition and protection for transactions carried out through electronic data interchange and other means of electronic communication, but it also contains provisions that are aimed at safeguarding electronic data, information or records, and preventing unauthorised or unlawful use of a computer system.
NEED OF LAW :-
The world is becoming more and more digitally sophisticated and so are the crimes. Internet was initially developed as a research and information sharing tool and was in an unregulated manner. As the time passed by it became more transactional with e-business, e-commerce, e-governance and e-procurement etc. All legal issues related to internet crime are dealt with through cyber laws. As the number of internet users is on the rise, the need for cyber laws and their application has also gathered great momentum.
Why mobile phones are chosen for criminal activity?
1. Our phones can be used to transfer money, pay our bills, and are even being used as a method of payment.
2. Device’s GPS capabilities make it prone to location data breach.
eg-AR pokemon go hacked by gamers .
3.Attack on Bluetooth present on every smartphone can result in Bluesnarfing – where a phone’s private information is compromised, or Bluebugging, which allows a criminal to more or less take complete control of phones.
4. Some scams are specific to mobile.
Eg- Pegasus,Israeli Sypware attacted whatsapp of indian top officials,businessmen and collected personal data.
Types of Mobile Based Crimes:-
1.Mobile Banking and Credit card information theft and fraud.
Eg-ATM fraud,GooglePay,Phonepay etc
2.Personal Information theft.
Eg- Individual Aadhar data was allegedly sold over Paytm for Rs.500
3.Phishing via mobile phones.
Pretentious,fraud interest bearers fake call,spam via sms
Eg-Jamtara ,WB is the phishing capital of India.
4.OTP based crimes.
5.Duplicate Apps,Malicious Apps
Eg-Malicious Google Play apps caught masquerading as Minecraft mods.
6.Another aspect is Fake messages send for causing harm to individual,Private/Public Institution.
These fake message are circulated on social networking sites easily accessible on phone.
7.RFID’s,one tap cards not requiring OTP are less secure and viable for fraud.
1.As provided by RBI,setting a limit on daily ATM,Online banking transactions can lessen the chances of a big fraud.
2.Passwords should be changed frequently and not shared with others.