Data today is currency, your bank account, your identity everything is online, and hacking is an ever-present danger. Today we are surrounded by digital assets and any unauthorised access to these digital assets, (for e.g. computers, smart phones including iPhone& Android, online accounts such as bank accounts, social media accounts etc.) can have serious repercussions. Hackers now-a-days are finding newer and more innovative ways to commit cybercrime and gain unauthorised access, thereby, taking complete control over the computer network, security systems, website etc. this information is then used for unethical purposes. Smartphone hacks, hacking of email & social media account like Facebook, Twitter, Google, Data Breaches, Bluejacking etc. are becoming increasingly common. Smartphones are a very easy target as it’s a device with maximum data but the least active security protocols thereby making it vulnerable.

Most of our interactions are today digital, we are increasingly expressing our views and opinions in a digital space on social media. Today it is very common for people to take umbrage on everything said. Since the advent of social media there has been an approximate 400% rise in defamation cases. Defamation can be construed as any bogus proclamation or claim concerning any individual or business that can harm its reputation. In the case that any false indication is made causing harm to a business or person the ramifications to the person owning that expression can be severe according to the Sections 499 and 500 of Indian Penal Code. Defamation is applicable to both written and oral articulations that are published to a third party and result in Lawsuits. Due to the advent of technology, defamation is becoming increasingly common through the usage of social networking sites like Twitter, Face book, Linked In etc. This leads to serious issues like cyber shaming, cyber bullying & cyber blackmailing.

The advent of the world wide web has resulted in an explosion in pornography. Today pornography is rampant and violations of one’s privacy, are used in blackmailing, cyberbullying, and revenge porn. According to the Indian IT Act 2000, section 67, Publishing or transmitting of any material electronically, which appeals to the prurient interest or is obscene material is a non bailable offence. If content created or transmitted is to child sexual abuse, ‘Child Pornography’ it is punishable under section 67-B of the amended Indian IT Act, 2008 in accordance with National Commission for Protection of Child Rights (NCPCR).

Any data which has been accessed (reading, editing or coping) without the authorization of its owner is Data theft or Data breach. For example, reading an email which was not intend for your access but accessed by you will be considered as the same as hacking a server or other machine. Also unauthorized access or copying of material which may be sensitive in nature like client list or selling it to another company is data theft. It is not relevant if this action lead to any damage, what counts for, is that the data is accessed without authorization from the owner irrespective if he or she has been an author or creator. Thumb sucking, Phishing, Bluesnarfing, and spear phishing are some of the most common means of Data theft.

Today Credit/Debit cards are common instrument of convenience that makes moving without cash a reality. But for the incredible convenience and security they offer, they are also susceptible to fraud. Several people have been facing unauthorised transactions, there are several instances of people using another person’s credit/ debit card information to make purchases or charging funds to it and this is credit / debit card fraud. Generally, these frauds can be classified in 4 parts, Application Fraud – here the perpetrator uses uses personal information or counterfeits documents to apply for a card in the victims name or Account takeover – where the perpetrator hacks or uses social engineering skills to take control of the victims account or skimming – where the perpetrator illicitly obtains information and further sells it to identity thieves or commit a fraud himself and cloning – where the perpetrator creates a replica of the original card.

All of us have heard of someone or the other that has had an experience where theft has been committed using online technology to illegally removed money from one bank account and/or transfer money to an account in a different bank. Normally internet banking is widely used to check account details, make purchases, pay bills, transfer funds, print statements etc. Generally, the user id is the customer identity number and a password are provided to secure these transactions. Cyber criminals today use multiple innovative approaches to steal this information and perform banking hara-kiri. The general forms of frauds are Internet banking fraud, Mobile banking fraud, Phishing, Mule recruitment, Ecommerce fraud, Online scams, spam or identity theft.

There is a critical relationship between copyright policy and consumer behaviour, understanding this relationship is critical for all participants in digital media. Today there are various issues that are associated with privacy and piracy. In case of a leak or unauthorised upload of copyright content on a website or social networking sites, which is a direct infringement of the copyright or has direct financial loss to its owner or any personal content including graphic videos or defamatory content or obscene content, which is leaked and uploaded to any website or social networking platform, can be removed or blocked under the protection provided by IT Act 2000, and its amendments thereafter.

In India, there are a host of grey areas when we look at cyber laws, and in the case of domain names the cases are decided within the ambit of trademark laws. While there is legislation explicitly describing cybersquatting or other domain name disputes. The Information Technology Act, 2000 (IT Act), which addresses many cybercrimes, oddly ignores the problem of domain name disputes and cybersquatting. However, domain names may be considered trademarks based on use and brand reputation. In the absence of appropriate law that deals with cybersquatting, victims can initiate an action for passing off and infringement of trademarks under the Trade Marks Act, and cases like the Starbucks, Morgan Stanley and Google have been solved using this route. Sometime these domains are used as instruments, to drive traffic onto websites, which have no connection with its trademark. This is done to use the popularity of the brand or business or individual to drive up traffic. Cybersquatting is spiking up the graph, as the business value of domains go up.