Ans 1 conventional crime cyber crime1. Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal concept and has the sanction of the law. Crime or an offence is “a legal wrong that can be followed by criminal proceedings which may result into punishment.” According to Lord Atkin “the criminal quality of an act cannot be discovered by reference to any standard but one: is the act prohibited with penal consequences”. 1. Cyber crime is a generic term that refers to all criminal activities done using the medium of computers, the internet, cyber space and the worldwide web. 2. It is easy to decide jurisdiction Example in case of murder it is easy to decide where to file a case 2. but in case of cyber crime it is difficult to find jurisdiction if parties of case belong to different jurisdiction because question of sovereignty arises as it arises in yahoo case 3. In conventional crime activities that are traditional in nature, such as theft, fraud, forgery defamation and mischief etc are included 3. cyber crime would be “unlawful acts wherein the computer is either a tool or a target or both” 4. No specific skill required in murder by knife . 4. Sophisticated skill required to commit this type of crime. Example for hacking knowledge computer is essential . Ans 3 Cyberterrorism is the convergence of terrorism and cyberspace. It is generally understood to mean unlawful attacks and threats of attack against computers, networks, and the information stored therein when done to intimidate or coerce a government or its people in furtherance of political or social objectives. Further, to qualify as cyberterrorism, an attack should result in violence against persons or property, or at least cause enough harm to generate fear. Attacks that lead to death or bodily injury, explosions, plane crashes, water contamination, or severe economic loss would be examples. Serious attacks against critical infrastructures could be acts of cyberterrorism, depending on their impact. Attacks that disrupt nonessential services or that are mainly a costly nuisance would not. putting the public or any section of the public in fear; or affecting adversely the harmony between different religious, racial, lingual or regional groups or castes or communities; or coercing or overawing the government established by law; or endangering the sovereignty and integrity of the nation and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the above objectives. Every act done in pursuance thereof is an act of cyber terrorism. Defining cyberterrorism has been a challenge. Cyberterrorism is not necessarily designed to cause a terrifying visual spectacle that can be exploited for propaganda purposes, as conventional terrorism is. Defining cyberterrorism as broadly as possible serves those who want to expand control over cyberspace. Even though only a small amount of cybercrime could actually be designated terrorism, the term 'cyberterrorism' creates a subliminal linkage in listener's minds to groups such as Al Qaeda and other globaljihadists. The government and private industry can in turn use fears about Al Qaeda to create support for tighter controls on electronic information. Ans 4 In India the Information Technology Act 2000 was passed to provide legal recognition for transactions carried out by means of electronic communication. The Act deals with the law relating to Digital Contracts, Digital Property, and Digital Rights Any violation of these laws constitutes a crime. The Act prescribes very high punishments for such crimes. The Information Technology (amendment) Act, 2008(Act 10 of 2009) , has further enhanced the punishments. Life imprisonment and fine upto rupees ten lakhs may be given for certain classes of cyber crimes. Compensation up to rupees five crores can be given to affected persons if damage is done to the computer, computer system or computer network by the introduction of virus, denial of services etc.(S. 46(1-A)). Sections 65-74 the Act specifically deal with certain offences, which can be called Cyber Crimes 1. Tampering with any computer source code used for a computer, computer programme, computer system or computer network, is punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. "Computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.(S.65) 2. Hacking with computer system is to be punished with imprisonment up to three years, or with fine which may extend up to five lakh rupees, or with both.(S. 66) 3. Sending offensive or false information through computer or a communicative device is punishable with imprisonment up to three years and with fine.(S.66A) 4. Receiving or retaining stolen computer resource or communication device is an offence punishable with imprisonment up to three years and fine up to one lakh or with both. (S.66B).The same punishment is prescribed for fraudulent use of electronic signature, password etc. of any other person (S. 66C) and for cheating using computer, cell phone etc. (S.66D) 5. Capturing Transmitting or publishing the image of a private area of any person without consent is punishable with imprisonment up to three years and with fine up to two lakhs or with both.(S. 66E) 6 Punishment for Cyber terrorism may extend to imprisonment for life. (S.66F) 7. Publishing transmitting information which is obscene in electronic form. shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.( S. 67). 8 Publication and transmission of containing sexually explicit act or conduct is to be punished with imprisonment up to five years and fine up to ten lakh rupees and for second or subsequent conviction with imprisonment for a term up to seven years and fine up to ten lakh rupees.(S. 67A) The same punishment is prescribed for child pornography. (S. 67B) 9. Penalty for Misrepresentation Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate, as the case may be. Shall be punished with imprisonment for a term, which may extend to two years, or with fine which may extend to one lakh rupees, or with both. (S. 71) 10. Penalty for Breach of Confidentiality and Privacy Any person who has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book. register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.( S. 72) 11. Punishment for disclosure of information in breach of contract is imprisonment For a term up to three years or with fine up to five lakh rupees or with both.( S. 72A) 12. Punishment for publishing Digital Signature Certificate false in certain particulars. Violation of the above provision is punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. (S. 73) 13. Publication for Fraudulent Purpose. -Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.(S. 74.) In addition to the prescribed punishments Any computer, computer system, floppies, compact disks, tape drives or any other accessories related to the crime shall be liable to confiscation.( S. 76.) S. 75of the Act makes it clear that the provisions of this Act are applicable to any offence or contravention committed outside India by any person irrespective of his nationality if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India Ans-5 Computer forensics (sometimes known as computer forensic science is a branch of digital forensic science pertaining to legal evidence found in computers and digital storage media. The goal of computer forensics is to examine digital media in a forensically sound manner with the aim of identifying, preserving, recovering, analyzing and presenting facts and opinions about the information. Cyber forensics can be defined as the process of extracting information and data from computer storage media and guaranteeing its accuracy and reliability. The challenge of course is actually finding this data, collecting it, preserving it, and presenting it in a manner acceptable in a court of law. Electronic evidence is fragile and can easily be modified. Additionally, cyber thieves, criminals, dishonest and even honest employees hide, wipe, disguise, cloak, encrypt and destroy evidence from storage media using a variety of freeware, shareware and commercially available utility programs .A global dependency on technology combined with the expanding presence of the Internet as a key and strategic resource requires that corporate assets are well protected and safeguarded.