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UNIT 8 CASE STUDIES
Structure
8.1 Introduction Objectives 8.2 Section43 – Penalty and Compensation for damage to computer. 8.3 Section65-Tampering with Computer Source Documents 8.4 Section66 – Computer Related offenses 8.5 Section66A – Punishment for sending offensive messages through communication service 8.6 Section66C – Punishment for identity theft 8.7 Section66D – Punishment for cheating by using computer resource 8.8 Section66E – Punishment for violation of privacy 8.9 Section-66F Cyber Terrorism 8.10 Section67 – Punishment for publishing or transmitting obscene material in electronic form 8.11 Section67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form 8.12 Section69 – Powers to issue directions for interception or monitoring or decryption of any information through any computer resource 8.13 Let Us Sum Up 8.14 Key Words 8.15 Self-Assessment Questions (SAQs) 8.16 Answers to SAQs 8.17 References and Further Readings
8.1 INTRODUCTION
The case studies for selected IT Act sections. For the sake of simplicity and maintaining clarity, details on the IT Act sections have been omitted. Kindly refer the Appendix at the last Section for the detailed account of all the penalties and offences mentioned in IT Act.
Objectives
After studying this unit, you should be able to
to understand the various case studies related to computer and
electronics, information technology and cyber security system.
8.2 SECTION43 – PENALTY AND COMPENSATION FOR
DAMAGE TO COMPUTER, COMPUTER SYSTEM,
ETC
Related Case: Emphasis BPO Fraud: 2005In December 2004, four call centre employees, working at an outsourcing facility operated by MphasiS in India, obtained PIN codes from four customers of MphasiS’ client, Citi Group. These employees were not authorized to obtain the PINs. In association with others, the call centre employees opened new accounts at Indian banks using false identities. Within two months, they used the PINs and account information
gleaned during their employment at MphasiS to transfer money from the bank accounts of Citi Group customers to the new accounts at Indian banks.
By April 2005, the Indian police had tipped off to the scam by a U.S. bank, and quickly identified the individuals involved in the scam. Arrests were made when those individuals attempted to withdraw cash from the falsified accounts, $426,000 was stolen; the amount recovered was $230,000.
Verdict: Court held that Section 43(a) was applicable here due to the nature of unauthorized access involved to commit transactions.
8.3 SECTION 65 – TAMPERING WITH COMPUTER
SOURCE DOCUMENTS
Related Case: Syed Asifuddin and Ors. Vs. The State of Andhra Pradesh In this case, Tata Indicom employees were arrested for manipulation of the electronic 32- bit number (ESN) programmed into cell phones theft were exclusively franchised to Reliance Infocomm.
Verdict: Court held that tampering with source code invokes Section65 of the Information Technology Act.
8.4 SECTION66 – COMPUTER RELATED OFFENSES
Related Case: Kumar v/s Whiteley In this case the accused gained unauthorized access to the Joint Academic Network (JANET) and deleted, added files and changed the passwords to deny access to the authorized users. Investigations had revealed that Kumar was logging on to the BSNL broadband Internet connection as if he was the authorized genuine user and ‘made alteration in the computer database pertaining to broadband Internet user accounts’ of the subscribers. The CBI had registered a cyber crime case against Kumar and carried out investigations on the basis of a complaint by the Press Information Bureau, Chennai, which detected the unauthorized use of broadband Internet.
The Complaint also stated that the subscribers had incurred a loss of Rs 38, due to Kumar’s wrongful act. He used to ‘hack’ sites from Bangalore, Chennai and other cities too, they said.
Verdict: The Additional Chief Metropolitan Magistrate, Egmore, Chennai, sentenced N G Arun Kumar, the techie from Bangalore to undergo a rigorous imprisonment for one year with a fine of Rs 5,000 under Section420 IPC (cheating) and Section66 of IT Act (Computer related Offense).
SAQ 1
I. Which of these systems support professional workers such as scientists, engineers, and doctors to create new knowledge? a. Transaction Processing Systems b. Knowledge Work Systems c. Decision Support Systems d. Management Information Systems
later, Li attempted to obtain a new driver’s license with the intention of applying for new credit cards eventually.
8.7 SECTION66D – PUNISHMENT FOR CHEATING BY
USING COMPUTER RESOURCE
Relevant Case: Sandeep Vaghese v/s State of Kerala
A complaint filed by the representative of a Company, which was engaged in the business of trading and distribution of petrochemicals in India and overseas, a crime was registered against nine persons, alleging offenses under Sections 65, 66, 66A, C and D of the Information Technology Act along with Sections 419 and 420 of the Indian Penal Code.
The company has a web-site in the name and and style www.jaypolychem.com' but, another web site www.jayplychem.org’ was set up in the internet by first accused Samdeep Varghese @ Sam, (who was dismissed from the company) in conspiracy with other accused, including Preeti and Charanjeet Singh, who are the sister and brother-in-law of `Sam’
Defamatory and malicious matters about the company and its directors were made available in that website. The accused sister and brother-in-law were based in Cochin and they had been acting in collusion known and unknown persons, who have collectively cheated the company and committed acts of forgery, impersonation etc.
Two of the accused, Amardeep Singh and Rahul had visited Delhi and Cochin. The first accused and others sent e-mails from fake e-mail accounts of many of the customers, suppliers, Bank etc. to malign the name and image of the Company and its Directors. The defamation campaign run by all the said persons named above has caused immense damage to the name and reputation of the Company.
The Company suffered losses of several crores of Rupees from producers, suppliers and customers and were unable to do business.
8.8 SECTION66E – PUNISHMENT FOR VIOLATION OF
PRIVACY
Relevant Cases:
Jawaharlal Nehru University MMS scandal in a severe shock to the prestigious and renowned institute – Jawaharlal Nehru University, a pornographic MMS clip was apparently made in the campus and transmitted outside the university. Some media reports claimed that the two accused students initially tried to extort money from the girl in the video but when they failed the culprits put the video out on mobile phones, on the internet and even sold it as a CD in the blue film market.
Nagpur Congress leader’s son MMS scandal On January 05, 2012 Nagpur Police arrested two engineering students, one of them a son of a Congress leader, for harassing a 16-year-old girl by circulating an MMS clip of their sexual acts. According to the Nagpur (rural) police, the girl was in a relationship with Mithilesh Gajbhiye, 19, son of Yashodha Dhanraj Gajbhiye, a zila parishad member and an influential Congress leader of Saoner region in Nagpur district.
8.9 SECTION-66F CYBER TERRORISM
Relevant Case: The Mumbai police have registered a case of ‘cyber terrorism’—the first in the state since an amendment to the Information Technology Act—where a threat email was sent to the BSE and NSE on Monday. The MRA Marg police and the Cyber Crime Investigation Cell are jointly probing the case. The suspect has been detained in this case. The police said an email challenging the security agencies to prevent a terror attack was sent by one Shahab Md with an ID sh.itaiyeb125@yahoo.in to BSE’s administrative email ID corp.relations@bseindia.com at around 10.44 am on Monday. The IP address of the sender has been traced to Patna in Bihar. The ISP is Sify. The email ID was created just four minutes before the email was sent. “The sender had, while creating the new ID, given two mobile numbers in the personal details column. Both the numbers belong to a photo frame-maker in Patna,’’ said an officer.
Status: The MRA Marg police have registered forgery for purpose of cheating, criminal intimidation cases under the IPC and a cyber-terrorism case under the IT Act.
8.10 SECTION67 – PUNISHMENT FOR PUBLISHING OR
TRANSMITTING OBSCENE MATERIAL IN
ELECTRONIC FORM
Relevant Case: This case is about posting obscene, defamatory and annoying message about a divorcee woman in the Yahoo message group. E-mails were forwarded to the victim for information by the accused through a false e- mail
SAQ 2
I. Enterprise Resource Planning systems integrate: a. External and internal environments b. Design systems and information c. Information systems existing on different management levels and within different functions d. Intranet and Internet sources II. Widely known open source software is: a. Microsoft office b. Visible Analyst c. Primavera d. Mozilla Firefox III. Which of the following is not an open source community categorized by researchers? a. Adhoc b. Organized c. Standardized d. Retail
violations by ISPs and intermediaries could have impacts that gravely undermine other basic human rights.
Questions :
- What was the computer related offence notified?
- Briefly explain the JNU MMS scandal.
8.13 LET US SUM UP
The various case studies related to computer and Electronics, Information Technology and cyber security system has been described. The penalty and compensation for damaging computer and computer related offence and Punishment for sending offensive messages through communication service denoted. Also punishment for identity theft, violation of privacy, cyber terrorism clearly defined. The Punishment for publishing or transmitting of
SAQ 3
I. Which of these is not a primary role of a systems analyst? a. Agent of change b. Consultant c. Programmer d. Supporting expert II. During which phase of the SDLC do the users, analysts, and systems managers coordinate the project? a. First phase b. Third phase c. Fourth phase d. Seventh phase III. In which phase of the SDLC does the system analyst prepare the systems proposal that summarizes users and the usefulness of current of systems? a. Determining human information requirements b. Analyzing system needs c. Developing and documenting software d. Testing and maintaining the system IV. During which phase of the SDLC does the system analyst work with programmers to develop any original software that is required? a. Analyzing system needs b. Determining human information requirements c. Developing and documenting software d. Designing the recommended system
material depicting children in sexually explicit act, etc. in electronic form and Powers to issue directions for interception or monitoring or decryption of any information through any computer resource has defined clearly.
8.14 KEYWORDS
Penalty, Compensation, and Punishment, Computer related offenses, cyber terrorism.
8.16 ANSWERS TO SAQ’s
SAQ 1
I. (b). Knowledge Work Systems. II. (d). Executive Support Systems. III. (d). All of the above.
SAQ 2
IV. (d). Intranet and Internet sources. V. (a). Microsoft office. VI. (a). Adhoc.
SAQ 3
VII. (c). Programmer. VIII. (a). First phase. IX. (b). Analyzing system needs. X. (c). Developing and documenting software.
8.17 REFERENCES AND FURTHR READINGS
- Universal’s Labour & Industrial Law Manual.
- www.indiankanoon.org
- www.lawcommissionofindia.nic.in
- www.lawsofindia.org
- www.legalserviceindia.com
