QUESTION 1. WHAT IS CYBER CRIME?
Answer: Cyber-crime encompasses any criminal act dealing with computers and networks (called hacking). Cyber-crime includes traditional crimes conducted through the Internet. For example; hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be cyber-crimes when illegal activities are committed through the use of a computer and the Internet. Cyber-crimes also includes offenses that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as the Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS). Cyber-crimes may threaten a nation's security and financial health. Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Activity crossing international borders and involving the interests of at least one nation-state is sometimes referred to as cyberwarfare. The international legal system is attempting to hold actors accountable for their actions through the International Criminal Court.
Question 2 What is Cyber Warfare?
Answer Cyber warfare involves the actions by a nation-state or international organization to attack and attempt to damage another nation's computers or information networks through, for example, computer viruses or denial-of-service attacks. Cyberwarfare is an Internet-based conflict involving politically motivated attacks on information and information systems. Cyberwarfare attacks can disable official websites and networks, disrupt or disable 20 essential services, steal or alter classified data, and cripple financial systems -- among many other possibilities.
Examples of cyber warfare include:
• In 1998, the United States hacked into Serbia's air defense system to compromise air traffic control and facilitate the bombing of Serbian targets.
• In 2007, in Estonia, a botnet of over a million computers brought down the government, business, and media websites across the country. The attack was suspected to have originated in Russia, motivated by political tension between the two countries.
• Also in 2007, an unknown foreign party hacked into high tech and military agencies in the United States and downloaded terabytes of information.
• In 2009, a cyber spy network called "GhostNet" accessed confidential information belonging to both governmental and private organizations in over 100 countries around the world. GhostNet was reported to originate in China, although that country denied responsibility.
Questions 3 Role Played by Indian Courts Regarding Cyber Jurisdiction?
Answer In a leading case of cyber-crime, SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra, India’s first case of cyber defamation, the High Court of Delhi assumed jurisdiction over a matter where a corporation’s reputation was being defamed through e-mails and passed an important ex-parte injunction. The concept of consequence and cause of action extends jurisdiction but a conflicting situation arises where there is no defined regulation at one of the places. For example, the Act does not provide any provision to catch internet pornography on foreign websites but only for sites in India. The Supreme Court of India, in the case of SIL Import v. Exim Aides Silk Importers, has recognized the need of the judiciary to interpret a statute by making allowances for any relevant technological change that has occurred. Until there is specific legislation in regard to the jurisdiction of the Indian Courts with respect to Internet disputes, or unless India is a signatory to an International Treaty under which the jurisdiction of the national courts and the circumstances under which they can be exercised are spelled out, the Indian Courts will have to give a wide interpretation to the existing statutes, for exercising Internet disputes.
QUESTION 4.Procedure and Powers of the Cyber Appellate Tribunal
Answer: Section 58 of the IT Act contains provisions regarding the procedure and powers of the Cyber Appellate Tribunal. It is given below:
[Section 58] Procedure and Powers of the Cyber Appellate Tribunal.
(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings (e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex-parte
g) any other matter which may be prescribed. (2) The Cyber Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely –
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents
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