- History and perceptions.:
Of late, Cyber space* or internet has become law of household. It prevails very much in every moment of each and every individual’s life. The main aim of cyber space usage is to spread and receive information through communication technology which is viable under all circumstances. It may be denoted as a miraculous invention during the modern era of communication for the sake of commoners with out finding any barrier of boundaries or discriminating territories or cities entirely different from rural niche or background. It provides wide scope to carryout virtually communications at all hours to enhanced or establish one transaction over cyber space without having any global boundaries or hazard or hesitancy of any probable obstacles of hazardous or haphazard or hurdles of unknown nature. Quick communication is the hallmark of the aim of electronic communication. The role of life style started rolling only upon the abundant usage of computer or computer based electronic codes. Even the room for wide usage of smart phone , i-phone, i-pad, tablet, laptop are increasing exponentially. Not only the government staff, all citizens are moving ahead in interacting with cyber space in creating documents and transmitting at finger tips without having to spend a huge amount, in turn it saves time, cost, efficient transmission with manifold advantages.
*Cyber space is a very wide term and includes computers, networks, software, data storage devices, the internet, websites, emails and even electronic devices such as Cell phones, ATM Machines etc. Its utility , reform and re usage have been envisaged.. The immortal communication style would be a boon for the total cause of civic life, in turn, moulding their life less niche to shine for a longer life. The mode and reservation sources have widely been stretched to all streams in most vicious manner so that easy and immortal way of preserving the sources, and re-butting the same for instant use irrespective of one’s presence is at any hook or corner of the globe.
Recently, we had an online cyber shopping frin Asda Stores data where they could despatch 11,000 tablets, 12000 TVs in the very first hour of Cyber Monday transaction. This culminated in a rise of 2000%, since the start of business of 2010.
The clouding way of saving, and retrieving would be available at finger-tips. It leads to create a niche of revolution in and among the commoner and to create, grow and strengthen the individual as well as state’s economy. The easy communication pattern only helps the mundane forces to gain quick communication style established against easy try, cheap way, at lightning speed with little effort & resources upholding the proverb that ” the time and technology necessarily improve the people’s life”. It is true that, needy necessary and normal guys are using the communication media at their best and judicially too; it may happen even to the other side of Judiciary leading to all back ward strokes culminating to fraud, morphing, phishing, stalking harassment, spoofing, porno-transmissions leading to imbalance in society and may pose for defamation of innocent individuals. There could be unavoidable room- which might lead to misery, misuse and abuse of provisions of laws envisaged for the purpose.
With respect to Staff, author is not to advocate that all 100 per cent are mild and innocent. This shall be owing to their own fallacies. Due to disobedience and as a substitute action to the prescribed normal duties, it is observed that during working hours in work spots, some would be gaining, or posing others to lose. This often goes to untamed rude staff, possessing support of other staff, managerial back up, security lapses, to their ego, and devil directness, perhaps seems to be widely at use. Such illegal actions shall have to be considered as non-cognizable criminal actions, at par to misappropriation of fund of the company and suspension along with inquiry shall go hand in hand for gearing up, eventuality for judicial remedy. These culprits must have to be treated under special provisions termed them to be ‘Neo-intellectual terrorists’ . Intention is…here to say that, the flip side of misuse of office and equipment by such unscrupulous staff, would lead to misuse, abuse, fraud and spreading misery to the society and state. Criminality only counts, technology remains mum at this juncture. However, immediate judicial remedy must have to be ingrained in view of dissuading further damage to the society. At this juncture, the sincere appeal is not to give any exemption to the guilty, even if he is from Academy, professional, tycoon or Government Servant of any higher up. Motto being not to allow any creature to loot the country, culminate the society, and to bring forth dis-respect to the society or State. It is amazing to cite here that few countries like China, Russia, and America are going back to the era of typewriting machine in their customary and military routine purposes to keep up the privacy and secrecy,. Alas! Instead they could have influenced and enforced strict and uniform code on I.T. Laws.
- IT SECTOR/STAFF/CYBER CRIMES: The prominent motto of each company logo “shall be to remain loyal to their duties-prescribed and no to indulge in any other affairs affecting self or the company at any time, because of their tenure.”
I.T. blunders though based on new dimensions of gender-less criminality in the society, but usually goes on hand with the anxiety or to their psyche in a hurry either for vulnerable or un-intentional crimes has seen widely among the women staff, and also even with male staff, in case of any initiation of inquiry which usually culminates in terming the higher-ups under Sexual harassment and posting them to a different location to penalize them for this dastardly act, where most of the cases are being not able to be traced out or registered for further investigation either inter- departmentally or by the cyber crime police. The recent data reveals that an approximate 96 per cent of individual actions would go unnoticed or non registered, though they happened to be a mal-practice or of criminal nature probably posing the company for loss to an extent. This is probably where Article 12 of Indian Constitution might be imbibing its effects- in assisting the arbitrary interference with one’s privacy, family, home or correspondence, nor to attack on any one’s honour or reputation. Since every citizen has the right to protection of the law against such interference or attacks , or finally none would like to be a part of crucial net of judicial consequential tasks.
I.T.Company must frame such a tentative principled discipline for its staff ,uniformly to carry out their respective duties under full solace and dedication. The work seems to be sufficient, but the tight schedule has to be trimmed further with decreased hours of work and giving no room for any staff to use personal or official electronic equipment for self during the working hours of 8 hours shift. The company’s standing orders must have to uphold the privacy, human rights, other lawful pretsiges with the staff.
*Sexual harassment part-II in unveiling where Male has been exposed for crucial nature and Male associations are fighting against such framed offenses purposely by the raged women guild.Source – A daily report.
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The general kinds of offenses on cyber net being committed by I.T.Staff could be categorized as follows for easy identification and to get its references : Threatening -e-mail-Harassment, sexual harassment , defamation, spam, phishing, espionage, ATM Credit Card fraud, Cyber stalking, Morphing, E-mail spoofing, Cyber pornography, Cyber defamation
E-Mail & IRC related Crimes: It has become a common scene and a tool to be used frequently by the e-mail thugs to cheat and harass the innocent by black mailing, cheating and threatening by posting unwanted, obscene, defamatory porno, over e-mails, face book and twitter page.
E-mail Spoofing: refer to fraudulently altered emails that appears to have been originated from one source when it was actually sent from another source.
E-mail spamming: refers to sending email to thousands and thousands of users-similar to a chain letter.
E-mail bombing: is characterized by ab users repeatedly sending an identical email message to a particular address.
E-mail to carry malicious code: such as viruses, Trojans etc., are sent by e-mails as an attachment or by sending a link of web site while on visiting downloads.
Cyber Stalking: or being followed often been faced by women clients while transacting on e mail. It reflects real life problems and often invades the privacy and fundamental rights, The stalker watches every move of the victim for his benefits.
Cyber Morphing: it is an easier means of transforming one image into another at par to cross fading techniques on film or devils’ image mostly on porno- portal.
E-Phishing: One of the many frauds on the Internet which fool the people and run away with their money. Dupe letter of well known financiers, Bank with their letter head in disguise and asking customers to fill in the personal information like: PAN, ATM, Debit and Credit Card details, PIN, ID, pass word, mobile No. Etc. for further immediate access. All such private information will reach the fraudulent replica of the Original Institutional source. India has now joined the dubious list of the world’s top 15 countries hosting phishing sites which aims at stealing confidential personal information for the gain of the unknown.
Privacy as a Right:: Indian MNC and I.T. Industries are trusting to its totality, upon their staff to envisage the Management with little profit in comparison to the previous Financial year: This might lead often ignoring the malpractices in disguise being carried out by their Staff . It is the known fact that a room for asserting freedom while carrying out duties on computer, will pose or help attract corruption, which could be curtailed to an extent with embrace “transparency and openness” of the web that will have a potentially game-changing impact on I.T. governance.
Indian Staff voluntarily has to move even further to accept the committed offenses of their own, It shall be on the terms of their own, It does not pose any uneasy to the civilian in the society. Such genre has to develop and flourish “Even social media believes that in fact the freer a country’s Internet, the better chance that any country could expose with its deep-rooted problems and confronting them honestly. Will India in nearest future, embrace to open network or a closed one. The political impulse to try to shield people from inflammatory, obscene or defamatory commentary and images country as diverse and often fractious as India is understandable but often misplaced. India is known for its “freewheeling” democracy and “boisterous” political debate, that too during election hours. Recent Research studies have revealed that ‘India Internet censorship’ generates thousands of hit- documentary episodes in recent years of government authorities demanding the closure of websites or dispatching law enforcement officials to intimidate people for posted material deemed to be objectionable. Which would be a positive sign to uphold the upward growth of students and their attitudes towards culture and heritage. This may result in formation of gentle courageous patriot sects instead demonstrating force of bad speech, bad right, bad principles under the disguise and poor guidance of pretending politicians.
Convention on Cyber crimes denoted that the following types of misconduct over Internet would lead to Social engineering type of criminal offenses: viz.
- Illegal and unauthorized access/ interception
- Illegal and unauthorized modification and cause impairment of data communication/system interference.
- Misuse of devices and working hours.
- Computer related forgery/fraud.
- On line child pornography,
- Offenses related to copyright and neighboring rights.
- Page jacking a new type of computer crime.
- This has been witnessed in numerous ways to misappropriate a creation or indulging in offenses over the Internet under probable ways of guilty:
- Copy of work without permission or licence of the company
- Present the work of another as the work of oneself (plagiarism).
- Produce an on-line parody or an on-line endorsement.
- Reproduce the style of the original certain, deliberately leading others to believe that the work is that of the original creator.
- Fail to give credit for a reproduction.
- Inaccurately attribute credit in the case of a distorted work.
The Staff must be envisaged with their physical privacy as a right under Article: 21- but caution must be given to the individual saying it never should burst to any kind of breach by self or from others.
No documents intentionally or knowingly- Obtaining information through disguise and operating internet maliciously but intentionally in cheat would relate to any one of the following like:
- Security of the Institution or state would be posed for dangers.
- Such data might cause injury, loss, in terms of integrity and money to the Company
- May be useful to the competent company or a foe country
Fraudster would indulge in illegal action of –
- Transmitting, meaning thereby to send electronically for view of others.
- Capturing any documents by means of videotape, photograph, film an image or to record it by any means.
- Publishing or transmitting electronically at other end of known or unknown source.
. Without the consent of the Management
Image of private area of any person:
- which means undergarment clad genitals
- it also includes pubic area meaning buttocks or female breasts by same sex or opposite.
Under circumstances violating privacy, due to habitual and inevitable way to disrobe on scheduled pattern.
Conclusion:
The I.T. Companies must frame out a strict internet content regulation under security measures, where offenders can be prosecuted. Law enforcement must be strengthened and surveillance initiated, coupled with timely investigation and prosecution of violators.
Every I.T. Company must necessarily come up with its own initiation of suitable necessary actions to combat the probable cyber crime.
By inducing necessary three-pronged approach to encourage their internal staff to develop ethics and etiquette
- Promoting the staff to be aware of positive aspects and hazards of using the internet other than to the schedule terms and conditions.
- Encouraging the Industries to set its own standards through self-regulations
- Instituting a light touch policy framework in regulating content which is regularly fine-tuned based on mutual consultation between staff and management.
Even to the above, if there are cases of offenses being committed in disguise by their own Staff, they could be cautioned repeatedly by adopting the following methods –
Principle:1-Manner and purpose of collection of personal information.
Principle:2- Solicitation of individual information from individual concerned.
Principle:3- Solicitation of personal information generally.
Principle:4- Storage and security of personal information.
Principle:5- Information relating to records kept by record-keeper
Principle:6-Access of records containing personal information.
Principle:7- Access to information containing personal/confidential nature
Principle:8- Record keeper to check accuracy etc. of personal/confidential information before use.
Principle:9- Personal information to be used only for relevant purposes.
Principle:10- Limits on use/disclosure of personal information.
Principle:11- Introduce the strict concept of data protection code scheme.
III. I.T. LAWS AND THEIR GROWING FIST TO FETCH THE CULPRITS TO THE FIST OF JUDICIARY:
India is one of the fast runner of hurdle-less marathon in the niche of I.T. Revolution along with or next to the China. The steady increase and wide spread of internet usages has facilitated the citizen to gain right hand support in establishing under the competitive world. The challenges so purposefully created by masses would pose them to be afraid of bye-laws under new legislation. The mode of operation and its expertise amongst the commoner is posing the probing authority to receive and act upon such complaints framed against their foes with due documents. The judicial authority and probing agencies-are too committed to solve these arbitrary disputes with involvement of experts committees.
Exemption shown to gender with respect of few crimes –
New genre of punishment with heavy fine and imprisonment shall be made enforceable through constitution of National criminal justice system policy with Cyber Crime branch under strict compliance with the Central Investigation authorities guidelines and no personal bias or mercy shall b e poured upon the culprits of treason or criminal nature.
This could be stepped up at ease by implementing the following means :
Rationalization of legislation reluctantly for I.T. Sector is a must for total progress of the nation.
Conclusion and Suggestion:
The wide usage of electronic gadget and rationality and retrieving capacity would sure to reveal all types of communications with detailed data and origins. The Cyber crime probe team has to be specialized with suitable training on e-crimes and probing. It may involve Narco analysis and recommendation of National Criminal justice system policy with utmost urges to curtail criminality and to bring forth effective judicial remedy.
The general kinds of offenses on cybernet being committed by I.T.Staff could be categorized as easy identification and to get its references.