Dimensions of Cyber Trespass in India

Posted: 25 Aug 2009

See all articles by Tabrez Ahmad

Tabrez Ahmad

University of Petroleum and Energy Studies (UPES) - College of Legal Studies

Date Written: August 24, 2009

Abstract

In common language the word 'trespass', means to go on another's property without consent. Though it is ordinarily a civil wrong, if trespass is done with criminal intention, it is treated as criminal trespass. Thus, as trespass actions are stranded in the idea of protecting an owner's control over his property and as even the websites should be considered as a species of property. As like in the case of trespass, when just cracking is there by the cracker, it is of a civil nature but once the intention to cause harm or rather damage the system is proved, the liability becomes that of a penal nature. Now it is not just criminal trespass, which can be done by cracking but cracking may also result in many other crimes which are mentioned in the Indian Penal Code, 1860. Like, if a cracker cracks a banking website and transfers money into his own account, this may constitute a crime under Sec.378 of the Penal Code, which in this case may also be termed as Cyber Theft. The IT Act tries to achieve this by providing civil and penal consequences for cracking and other wrongful activities. The development of new-age technology in the form of computers and other such instruments is the cause of rampant tort of cyber-trespass. The computer may be used as a tool in the following kinds of activity, e-mail spoofing, forgery, cyber defamation, cyber stalking. It is necessarily the breach of personal information of a person and his personal identity details, website databases etc. The computer may however be target for unlawful acts in the most of the cases for e.g. unauthorized access to computer/ computer system/ computer networks, theft of information contained in the electronic form, e-mail bombing, data didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of computer system, physically damaging the computer system and other such confidential information. As the capacity of human mind is unfathomable. It is not possible to eliminate cyber trespass from the cyber space. But it is quite possible to check them As computer data often contain personal information a cracker can also infringe one's right to privacy guaranteed by Art.21 of the Constitution of India. The paper will try to analyse the issues that whether there is an exclusive right of any of the parties in respect of the data base of the list of clients and service providers, and opinion and advices in respect of which the parties had an obligation to maintain confidentiality which they have created or whether it was a joint right of all the parties‘ How much consistent is IT Act in India while defining Hacking and setting its dimensions while dealing with other matters related to cyber trespass: Spamming and Cracking and Indian law. Cyber-stalking and the liability under Indian Law . Remedies for cyber-trespass: Spamming is not only lucrative but is also unregulated to a greater extent. The laws for the prevention of spam in India are missing. Even the IT Act, 2000 fails to address this issue directly and we have to take recourse of “Purposive and Updating Interpretation” to punish the offenders. It can be concluded that the provisions of the cyber law are not made so stringent that it may retard the growth of the industry and prove to be counter-productive.

Keywords: cyberstalking, spamming, hacking, Trojan Horse, Logic Bomb, breach of confidentiality, cybertrespass, criminal trespass

Suggested Citation

Ahmad, Tabrez, Dimensions of Cyber Trespass in India (August 24, 2009). Available at SSRN: https://ssrn.com/abstract=1460599

Tabrez Ahmad (Contact Author)

University of Petroleum and Energy Studies (UPES) - College of Legal Studies ( email )

Energy Acres, Bidholi
Via- Prem Nagar
Dehradun, Uttrakhand 248007
India
+91 8755929751 (Phone)

HOME PAGE: http://www.upes.ac.in/

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