one solution: AKTU MCA II SEM CYBER SECURITY UNIT V NOTES

Unit V Information Security Standards-ISO, IT Act, Copyright Act, IPR. Cyber Crimes , Cyber Laws in India; IT Act 2000 Provisions, Intellectual Property Law, Copy Right Law , Semiconductor Law and Patent Law , Software Piracy and Software License.

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Topic-Cyber Laws in India; IT Act 2000 Provisions, Semiconductor Law and Patent Law.

Cyber Crime

Cyber crime include

How can we protect?

Cyber Law of India : Introduction

In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both

Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000.

We can categorize Cyber crimes in two ways

The Computer as a Target :-using a computer to attack other computers.

e.g. Hacking, Virus/Worm attacks, DOS attack etc.

The computer as a weapon :-using a computer to commit real world crimes.

e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc.

Cyber Crime regulated by Cyber Laws or Internet Laws.

Technical Aspects

Technological advancements have created new possibilities for criminal activity, in particular the criminal misuse of information technologies such as

a. Unauthorized access &Hacking:-

Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.

Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network.

Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money.

By hacking web server taking control on another persons website called as web hijacking

b. Trojan Attack:-

The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans.

The name Trojan Horse is popular.

Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly) runs the server on its machine, the attacker will then use the Client to connect to the Server and start using the trojan.

TCP/IP protocol is the usual protocol type used for communications, but some functions of the trojans use the UDP protocol as well.

c. Virus and Worm attack:-

A program that has capability to infect other programs and make copies of itself and spread into other programs is called virus.

Programs that multiply like viruses but spread from computer to computer are called as worms.

d. E-mail & IRC related crimes:-

1. Email spoofing

Email spoofing refers to email that appears to have been originated from one source when it was actually sent from another source.

2. Email Spamming

Email "spamming" refers to sending email to thousands and thousands of users - similar to a chain letter.

3 Sending malicious codes through email

E-mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which on visiting downloads malicious code.

4. Email bombing

E-mail "bombing" is characterized by abusers repeatedly sending an identical email message to a particular address.

5. Sending threatening emails

6. Defamatory emails

7. Email frauds

8. IRC related

e. Denial of Service attacks:-

Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users.

Distributed DOS

A distributed denial of service (DoS) attack is accomplished by using the Internet to break into computers and using them to attack a network.

Hundreds or thousands of computer systems across the Internet can be turned into “zombies” and used to attack another system or website.

Types of DOS

There are three basic types of attack:

a. Consumption of scarce, limited, or non-renewable resources like NW bandwith, RAM, CPU time. Even power, cool air, or water can affect.

b. Destruction or Alteration of Configuration Information

c. Physical Destruction or Alteration of Network Components

e. Pornography:-

This would include pornographic websites; pornographic material produced using computers and use of internet to download and transmit pornographic videos, pictures, photos, writings etc.

Adult entertainment is largest industry on internet.There are more than 420 million individual pornographic webpages today.

Pornography delivered over mobile phones is now a burgeoning business, “driven by the increase in sophisticated services that deliver video clips and streaming video, in addition to text and images.”

g. Forgery:-

Counterfeit currency notes, postage and revenue stamps, mark sheets etc can be forged using sophisticated computers, printers and scanners.

Also impersonate another person is considered forgery.

h. IPR Violations:-

These include software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations. etc.

Cyber Squatting- Domain names are also trademarks and protected by ICANN’s domain dispute resolution policy and also under trademark laws.

Cyber Squatters registers domain name identical to popular service provider’s domain so as to attract their users and get benefit from it.

i. Cyber Terrorism:-

Targeted attacks on military installations, power plants, air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like police, medical, fire and rescue systems etc.

Cyberterrorism is an attractive option for modern terrorists for several reasons.

1.It is cheaper than traditional terrorist methods.

2.Cyberterrorism is more anonymous than traditional terrorist methods.

3.The variety and number of targets are enormous.

4.Cyberterrorism can be conducted remotely, a feature that isespecially appealing to terrorists.

5.Cyberterrorism has the potential to affect directly a larger number of people.

j. Banking/Credit card Related crimes:-

In the corporate world, Internet hackers are continually looking for opportunities to compromise a company’s security in order to gain access to confidential banking and financial information.

Use of stolen card information or fake credit/debit cards are common.

Bank employee can grab money using programs to deduce small amount of money from all customer accounts and adding it to own account also called as salami.

k. E-commerce/ Investment Frauds:-

Sales and Investment frauds. An offering that uses false or fraudulent claims to solicit investments or loans, or that provides for the purchase, use, or trade of forged or counterfeit securities.

Merchandise or services that were purchased or contracted by individuals online are never delivered.

The fraud attributable to the misrepresentation of a product advertised for sale through an Internet auction site or the non-delivery of products purchased through an Internet auction site.

Investors are enticed to invest in this fraudulent scheme by the promises of abnormally high profits.

l. Sale of illegal articles:-

This would include trade of narcotics, weapons and wildlife etc., by posting information on websites, auction websites, and bulletin boards or simply by using email communication.

Research shows that number of people employed in this criminal area. Daily peoples receiving so many emails with offer of banned or illegal products for sale.

m. Online gambling:-

There are millions of websites hosted on servers abroad, that offer online gambling. In fact, it is believed that many of these websites are actually fronts for money laundering.

n. Defamation: -

Defamation can be understood as the intentional infringement of another person's right to his good name.

Cyber Defamation occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person's friends. Information posted to a bulletin board can be accessed by anyone. This means that anyone can place

Cyber defamation is also called as Cyber smearing.

Cyber Stacking:-

Cyber stalking involves following a persons movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc.

In general, the harasser intends to cause emotional distress and has no legitimate purpose to his communications.

p. Pedophiles:-

Also there are persons who intentionally prey upon children. Specially with a teen they will let the teen know that fully understand the feelings towards adult and in particular teen parents.

They earns teens trust and gradually seduce them into sexual or indecent acts.

Pedophiles lure the children by distributing pornographic material, then they try to meet them for sex or to take their nude photographs including their engagement in sexual positions.

q.IdentityTheft:-

Identity theft is the fastest growing crime in countries like America.

Identity theft occurs when someone appropriates another's personal information without their knowledge to commit theft or fraud.

Identity theft is a vehicle for perpetrating other types of fraud schemes.

r. Data diddling:-

Data diddling involves changing data prior or during input into a computer.

In other words, information is changed from the way it should be entered by a person typing in the data, a virus that changes data, the programmer of the database or application, or anyone else involved in the process of having information stored in a computer file.

It also include automatic changing the financial information for some time before processing and then restoring original information.

s. Theft of Internet Hours:-

Unauthorized use of Internet hours paid for by another person.

By gaining access to an organisation's telephone switchboard (PBX) individuals or criminal organizations can obtain access to dial-in/dial-out circuits and then make their own calls or sell call time to third parties.

Additional forms of service theft include capturing 'calling card' details and on-selling calls charged to the calling card account, and counterfeiting or illicit reprogramming of stored value telephone cards.

t. Theft of computer system (Hardware):-

This type of offence involves the theft of a computer, some part(s) of a computer or a peripheral attached to the computer.

u. Physically damaging a computer system:-

Physically damaging a computer or its peripheralseither by shock, fire or excess electric supply etc.

v. Breach of Privacy and Confidentiality

Privacy

Privacy refers to the right of an individual/s to determine when, how and to what extent his or her personal data will be shared with others.

Breach of privacy means unauthorized use or distribution or disclosure of personal information like medical records, sexual preferences, financial status etc.

Confidentiality

It means non disclosure of information to unauthorized or unwanted persons.

In addition to Personal information some other type of information which useful for business and leakage of such information to other persons may cause damage to business or person, such information should be protected.

Generally for protecting secrecy of such information, parties while sharing information forms an agreement about he procedure of handling of information and to not to disclose such information to third parties or use it in such a way that it will be disclosed to third parties.

Many times party or their employees leak such valuable information for monitory gains and causes breach of contract of confidentiality.

Special techniques such as Social Engineering are commonly used to obtain confidential information.

IT Act 2000 Provisions

1 .Objectives of IT ACT

2.Civil offence under the IT act 2000

3. criminal offences

Semiconductor Law

A semiconductor performs an electronic function and consists of two or more layers, containing material forming a fixed pattern. The design of the pattern or arrangement of patterns is known as the semiconductor topography. The topography or design of any semiconductor product is a form of intellectual property rights, the use of which needs to be protected by law. In 1984 the Semiconductor Chip Protection Act of 1984 (the SCPA) was enacted as law to protect the topography of semiconductor chips. The SCPA is neither a copyright or patent law, but is in a class by itself ―a sui generis law containing some similarities to both copyright and patent law while being entirely distinct from either.

Obtaining semiconductor topography protection under SCPA requires submitting an application with a clear and thorough description of the topography of the chip, identifying material—typically a graphic or photographic depiction of the chip’s layers, along with its specifications― which must be examined by the Patent Office and undergo a national and international screening.

Patent Law

1. What is patent?

· Grant of a property right to the inventor

· Issued by the Patent and Trademark Office

· Term of a new patent is 20 years from the date on which the application for the patent was filed in the United States

· US patent grants are effective only within the US, US territories, and US possessions

The right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States
Not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention

2. What is patent law?

Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads

“Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"

Ø Specifies the subject matter for which a patent may be obtained and the conditions for patentability

Ø Establishes the Patent and Trademark Office (PTO) to administer the law relating to the granting of patents, and contains various other provisions relating to patents.

3. What may be patented?

Ø Statute says, "any person who invents any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof"

Ø Process:

Ø Process, act or method, and primarily includes
industrial or technical processes

Ø Machine:

Ø Self explanatory

Ø Manufacture:

Ø Articles which are made, including all manufactured articles

Ø Composition of Matter

Ø chemical compositions and may include mixtures of ingredients as well as new chemical compound

ISO

The International Organization for Standardization (ISO ) is an international standard-setting body composed of representatives from various national standards organizations.

Founded on 23 February 1947, the organization promotes worldwide proprietary, industrial and commercial standards. It is headquartered in Geneva, Switzerland, and works in 162 countries.

It was one of the first organizations granted general consultative status with the United Nations Economic and Social Council.

ISO 27000

What is Software Piracy?

Software piracy is the use of unlicensed software where the user has never paid the software vendor a licensing fee for the application. It can be contrasted with “license overuse” where the user has paid a software vendor a licensing fee for an application, but is using more installations than it is entitled to use.

What is a software license?

A software license is a document that provides legally binding guidelines for the use and distribution of software.

Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights. The license also defines the responsibilities of the parties entering into the license agreement and may impose restrictions on how the software can be used.

The Copyright Act of India is a legislation that grants legal protection to original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. It also covers broadcasts and published editions. The Act aims to promote the development of creativity and innovation in the country.

The Copyright Act was first enacted in 1914. It has been amended several times since then, most recently in 2012. The current Act gives copyright owners the exclusive right to reproduce, distribute, perform, display, and make derivative works of their protected works. It also allows them to authorize others to do these things.

Copyright protection is automatic in India. There is no need to register a work with the government in order to obtain copyright protection. However, registering a work can provide certain benefits, such as making it easier to enforce copyright in court.

The duration of copyright protection in India varies depending on the type of work. For literary, dramatic, musical, and artistic works, copyright protection lasts for the life of the author plus 60 years. For cinematograph films, sound recordings, and broadcasts, copyright protection lasts for 50 years.

There are certain exceptions to copyright protection in India. For example, it is permissible to use copyrighted material for purposes such as criticism, news reporting, and research. It is also permissible to make copies of copyrighted works for private use.

The Copyright Act is enforced by the Copyright Office of India. The Copyright Office is responsible for registering copyright works, issuing copyright certificates, and investigating copyright infringement cases.

If you believe that your copyright has been infringed, you can file a complaint with the Copyright Office. The Copyright Office will then investigate the complaint and take appropriate action. You may also be able to file a civil lawsuit against the infringer.

The Copyright Act is an important piece of legislation that protects the intellectual property rights of creators in India. It helps to promote creativity and innovation in the country, and it also helps to ensure that creators are properly compensated for their work.

IPR

IPR stands for Intellectual Property Rights. It is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets.

· Patents protect inventions. An invention is a new and useful process, machine, article of manufacture, composition of matter, or improvement thereof. Patents give the inventor the exclusive right to make, use, sell, and import the invention for a period of 20 years.

· Copyrights protect original works of authorship, such as books, movies, music, and software. Copyrights give the copyright owner the exclusive right to reproduce, distribute, perform, display, and create derivative works of the copyrighted work. Copyright protection lasts for the life of the author plus 60 years.

· Trademarks protect words, phrases, symbols, and designs that are used to identify the source of goods or services. Trademarks give the trademark owner the exclusive right to use the mark in connection with the goods or services that it identifies. Trademark protection lasts indefinitely, as long as the mark is used in commerce.

· Trade secrets protect confidential business information that has economic value. Trade secret protection does not require registration with the government. However, trade secret owners must take reasonable steps to protect the secrecy of their information.

IPR is important because it encourages creativity and innovation. It gives creators the incentive to develop new ideas and products, knowing that they will be protected from unauthorized use. IPR also helps to ensure that consumers are protected from counterfeit goods and services.

In India, IPR is governed by the following laws:

· The Patents Act, 1970

· The Copyright Act, 1957

· The Trade Marks Act, 1999

· The Geographical Indications of Goods (Registration and Protection) Act, 1999

· The Protection of Plant Varieties and Farmers' Rights Act, 2001

· The Semiconductor Integrated Circuits Layout-Design Act, 2000

The Indian government has also established the following organizations to help protect IPR:

· The Intellectual Property Appellate Board (IPAB)

· The National Institute of Intellectual Property Management (NIIPM)

· The National Intellectual Property Rights (IPR) Policy

IPR is a complex and evolving area of law. If you have any questions about IPR in India, you should consult with an attorney.

Cyber law in India

Cyber law in India is a broad term that encompasses a variety of laws related to the use of computers and the internet. The two main cyber laws in India are the Information Technology Act, 2000 (IT Act) and the Indian Penal Code, 1860 (IPC).

The IT Act was enacted in 2000 to regulate the use of computers and the internet in India. The Act covers a wide range of topics, including electronic signatures, digital certificates, cyber crimes, and electronic commerce.

The IPC is a general criminal law that was enacted in 1860. The Act contains a number of provisions that deal with cyber crimes, such as hacking, data theft, and cyber terrorism.

In addition to the IT Act and the IPC, there are a number of other laws in India that relate to cyber law. These laws include the following:

· The Telegraph Act, 1885

· The Post Office Act, 1898

· The Copyright Act, 1957

· The Trademarks Act, 1999

· The Patents Act, 1970

· The Designs Act, 2000

The cyber laws in India are constantly evolving to meet the challenges of the digital age. The government of India is committed to protecting the cyber security of its citizens and businesses.

Here are some of the cyber crimes that are covered by the IT Act and the IPC:

· Hacking: Gaining unauthorized access to a computer system or network.

· Data theft: Unauthorized access to and/or theft of data from a computer system or network.

· Cyber terrorism: Using the internet to commit acts of terrorism.

· Phishing: Sending emails or text messages that appear to be from a legitimate source in order to trick the recipient into revealing personal information.

· Spoofing: Creating a false identity in order to deceive someone online.

· Cyberbullying: Using the internet to bully or harass someone.

· Cyberstalking: Using the internet to stalk or harass someone.

jkaIntellectual property law

Intellectual property (IP) law is a branch of law that protects the creations of the human intellect. IP law is important because it encourages creativity and innovation. It gives creators the incentive to develop new ideas and products, knowing that they will be protected from unauthorized use. IP law also helps to ensure that consumers are protected from counterfeit goods and services.

There are four main types of intellectual property:

IP law is a complex and evolving area of law. If you have any questions about IP law, you should consult with an attorney.

Here are some of the key principles of intellectual property law:

· Exclusivity: IP rights give the owner the exclusive right to use the protected property. This means that no one else can use the property without the owner's permission.

· Duration: IP rights have a limited duration. This means that the owner's exclusive rights will eventually expire, and the property will become public domain.

· Registrability: In most cases, IP rights must be registered with the government in order to be enforceable. However, there are some exceptions to this rule, such as copyright protection.

· Remedy: If someone infringes on an IP right, the owner may be able to sue for damages or an injunction. Damages are intended to compensate the owner for their losses. An injunction is a court order that prohibits the infringer from continuing to use the protected property.

IP law is an important part of the legal system. It helps to protect the rights of creators and innovators, and it also helps to ensure that consumers are protected from counterfeit goods and services.

Copyright law is a type of intellectual property law that protects original works of authorship, such as books, movies, music, and software. Copyright law gives the copyright owner the exclusive right to reproduce, distribute, perform, display, and create derivative works of the copyrighted work. Copyright protection lasts for the life of the author plus 60 years.

In India, copyright law is governed by the Copyright Act, 1957. The Act defines copyright as "the exclusive right to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely:

· Reproducing the work in any material form including the storing of it in any medium by electronic means;

· Transcribing the work in any language or script;

· Translating the work into any other language;

· Adapting the work to any other form of expression including a cinematograph film or a sound recording;

· Performing the work in public;

· Communicating the work to the public by broadcast or by any other means of wireless diffusion, or by wire or by cable or by any other means;

· Making any cinematograph film or sound recording in respect of the work;

· Putting any of the above mentioned things into circulation;

· Importing any copies of the work made in contravention of the Act into India."

If you believe that your copyright has been infringed, you can file a complaint with the Copyright Office of India. The Copyright Office will then investigate the complaint and take appropriate action. You may also be able to file a civil lawsuit against the infringer.

Here are some of the key provisions of copyright law in India:

· Originality: Copyright protection is only available for original works of authorship. This means that the work must be the product of the author's own creative labour.

· Fixed in a tangible medium: Copyright protection only applies to works that are fixed in a tangible medium. This means that the work must be recorded in a way that it can be perceived, reproduced, or communicated.

· Duration: Copyright protection lasts for the life of the author plus 60 years.

· Exceptions: There are a number of exceptions to copyright protection in India. For example, it is permissible to use copyrighted material for purposes such as criticism, news reporting, and research. It is also permissible to make copies of copyrighted works for private use.

· Remedies: If someone infringes on your copyright, you may be able to sue for damages or an injunction. Damages are intended to compensate you for your losses. An injunction is a court order that prohibits the infringer from continuing to use the copyrighted work.

S Software piracy

Software piracy is the unauthorized use of copyrighted software. It is a serious problem in India, and it costs the software industry billions of dollars each year.

Software piracy can take many forms, including:

Copying and distributing pirated software. This is the most common form of software piracy. Pirated software is often sold in markets, online, or through peer-to-peer file sharing networks.
Installing pirated software on personal computers. Many people install pirated software on their personal computers without realizing that it is illegal.
Using pirated software in businesses. Some businesses use pirated software to save money. This is a serious crime, and it can result in significant fines.

Software piracy is a violation of copyright law. In India, copyright protection is automatic for all original works of authorship, including software. This means that you do not need to register your software with the government in order to obtain copyright protection.

If you believe that your software has been pirated, you can file a complaint with the Copyright Office of India. The Copyright Office will then investigate the complaint and take appropriate action. You may also be able to file a civil lawsuit against the infringer.

The penalties for software piracy in India can be severe. Individuals who are convicted of software piracy can be fined up to Rs. 2 lakhs and/or imprisoned for up to 3 years. Businesses that are convicted of software piracy can be fined up to Rs. 10 lakhs and/or imprisoned for up to 6 years.

There are a number of things that you can do to protect your software from piracy:

Use a digital rights management (DRM) system. DRM systems can help to prevent unauthorized copying and distribution of your software.
Register your software with the Copyright Office of India. This will make it easier to enforce your copyright in court.
Educate your employees about software piracy. Make sure that your employees know that it is illegal to use pirated software.
Monitor your software usage. There are a number of software tools that can help you to track and monitor your software usage. This can help you to identify and stop unauthorized use of your software.

software license

A software license is a legal document that defines the terms and conditions under which you can use a piece of software. It is usually included with the software when you purchase it.

Software licenses can be very complex, and they can vary depending on the software that you are using. However, there are some common terms that you will find in most software licenses.

License type: The license type defines the type of license that you have purchased. There are two main types of software licenses: proprietary and open source. Proprietary software licenses are owned by the software vendor, and they restrict how you can use the software. Open source software licenses are free to use and distribute, and they allow you to modify the software.
License duration: The license duration defines how long you can use the software. Most software licenses are perpetual, which means that you can use the software for as long as you want. However, some software licenses are only valid for a certain period of time, such as one year or two years.
License restrictions: The license restrictions define the things that you cannot do with the software. For example, you may not be allowed to copy the software, distribute the software, or modify the software.
License fees: The license fees are the costs associated with using the software. Proprietary software licenses usually require you to pay a one-time fee or a subscription fee. Open source software licenses are usually free to use.

It is important to read the software license carefully before you install or use the software. If you do not agree with the terms of the license, you should not use the software.

Here are some of the most common types of software licenses:

Proprietary licenses: Proprietary licenses are owned by the software vendor. They restrict how you can use the software, and they usually require you to pay a license fee.
Open source licenses: Open source licenses are free to use and distribute. They allow you to modify the software, and they usually do not require you to pay a license fee.
Academic licenses: Academic licenses are designed for use by students and faculty at educational institutions. They usually have more lenient terms than commercial licenses, and they may be free to use.
Non-commercial licenses: Non-commercial licenses are designed for use by individuals and organizations that do not intend to use the software for commercial purposes. They usually have more lenient terms than commercial licenses, and they may be free to use.

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Wednesday, May 29, 2024

AKTU MCA II SEM CYBER SECURITY UNIT V NOTES

What is Software Piracy?

What is a software license?

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