Internet Piracy and Counterfeit Problems
Author: Pooja Shrivastav, IME Law College.
Internet piracy and counterfeiting problem continuous to spread the world. In this article we used cyber crime cases methods to study the effect which underlines calls for stringent anti-piracy measures, namely that infringement had detrimental impact on our societies. we also discuss how to crack internet piracy method like phishing, pharming, spyware, cyber crime under IT ACT 2008. Internet piracy is illegal or immoral and punishable in India and different countries like India take strict action against internet piracy. And make some laws to punishment if someone do like this type of activities. like this article mention some cases like a look-alike website, cyber crime, bazee.com case, bomb hoax mail, the bank NSP case, Andhra Pradeshtax case.
Internet piracy is the use of the internet to illegally copy content, infringing on the copyright of the content owner. Internet piracy takes many forms and includes a wide variety of legally protected content. Internet piracy takes many forms and legally protected content .like music, movies, software and even digital content.
Why there is internet piracy?
Sometimes content like movies, music and books are not available in a give site or favored format. All the information in the world should be free. Sometimes the copy protection warning that are meant to thwart piracy is difficult to manage or makes purchasing feel more like punishment than not (link the FBI working before a movies) do not want to pay for content.
Internet piracy and counterfeiting problem
Digital piracy is the act of downloading or distributing copyrighted material and intellectual property without paying for it. And it is most certainly an illegal act. Digital piracy is a violation of federal copyright laws. It can result in steep fines and imprisonment. Think of digital piracy as a form of digital theft. Digital piracy costs company billions of dollars each year .
Types of cracking internet privacy
Phishing is a cyber crime in which a target or targets are contacted by email telephone or text message by someone posing as a legitimate institute to lure individuals into providing sensitive data such as personally identifiable information banking and credit card details and password.
Pharming is a scanning technique in which attackers redirect traffic of a legitimate website to a fraudulent website with the purpose of spreading malware or stealing sensitive data from victims. A typical example of pharming will be a user types amazon.com in the URL bar but gets redirected to a fraudulent website that looks identical to Amazon website and when the user types in his credentials or banking details the information directly goes to the attackers often use several techniques and make it possible.
Spyware is a type of malicious software or malware that is installed on a computing device without the end user’sknowledge. it invades the device, steals sensitive information and internet usage data ,and relay into advertise ,data firms or external users .Any software can be classified as spyware if it is downloaded without the user’s authorization .spyware is controversial because even when it is installed for relatives innocuous reason it can violate the end user’s privacy and has the potential to be abused.
Cybercrime under IT Acts
Section 43 and 66 of the IT act penalise a number of activities ranging from hacking into a computer network, data theft introducing and spreading viruses through computer network, damaging computer or computer network or computer programmers disrupting any computer system or computer network damaging and destroying information residing in a computer etc. The maximum punishment for the above offences is imprisonment of up to 3 years or a fine or Rs.5, 00,000.
IT Act, 2000 And IT (Amendment)Act, 2008
The act was amended in December 2008 through the IT (amendment) ACT, 2008 some of their Salient points are:
Digital signatures: – electronic records may be authenticated by a subscriber by affixing digital signature; further, the signature may be verified using the public key provided by the subscribe.
Certifying authorities: – domestic and foreign certifying authorities (which provides digital signature certificates) are recognized by the law a “controller of certifying authorities” shall supervise them.
Electronic governance: -Documents required as per law by any arm of the government may be supplied in electronic form, and such documents are to be treated the same handwritten, typewritten or printed documents
Offences and penalties: – An adjudicating officers shall judge whether a person has committed an offences in contravention of any damage to computer or computer system is a fine up to 1 crore
Appellate tribunals: – A cyber regulation appellate tribunal shall be formed which shall hear appeals against orders passed by the adjudicating officers.
Investigation: – offences shall only be investigated by policeofficers of the rank of deputy superintendent of police or above (amended to the rank inspector of above by the it (amendment) act, 2008)
Amendments to other law: -other acts such as the Indian penal code 1860 the Indian evidence act 1872, The bankers ‘Books Evidence Act 1891 the reserve bank of India act 1934 were to be amended to align them with the IT Act.
Network service providers: -Intermediaries in the data transmission process. Such as internet service provider are not liable in certain cases so long as the intermediary expeditiously acts to prevent the cybercrime on getting such instruction from the government or its agency.
The two IT Acts together define the below offences and also recommend punishment for each of them.
- Hacking:It is not defined in either of the IT Acts, which in itself may have considerably weakened the cybercrime legislation in India.
- Data theft: This offence is definedas copying or extracting information from a computer system without the owners, including computer theft and theft of digital signals during transmission.
- Identify thefts:(Including password theft) -As per the IT (Amendment) Act 2008, this offence is defined as frequently or dishonestly making use of the electronic signature password, or any other unique identification feature of person.
- E-mail spoofing: This is commonly used by hackers to hide the actual email address from which phishing and spam message are sent. it may also be used in conjunction with other fraudulently methods to trick users into providing personal / confidential information.
- Sending offensive messages: The IT Act define this offense as sending offensive or false information for the purpose of causing hatred ill will etc.
- Voyeurism: This is defined as publishing / transmitting of compromise images /videos of a person without her consent.
- Child Pornography: This cover offence against all individual who have not completed 18 year of age. Despite one of the most serious offence, it does not attract any sever punishment. A minimum five year jail, with fine is imposed after the first convention. An amendment imposed minimum of seven year imprisonment with a fine for subsequent convictions.
- Cyber terrorism: Cyber terrorism is described in fair detail as denying access to a computer, attempting to access a computer resources without authorization of contaminating system.
Cyber crime Cases
The Bank NSP Case:
One of the leading cybercrime cases is the bank NSP cases is the one where a management trainee of the bank was engaged to be married. The couple exchanged many email using the company computers. After some time the two broke up and the girl created fraudulent email ids such a Indianbarassociation and sent email
Andhra Pradesh Tax Case:
A prominent businessman, from Andhra Pradesh, were exposed after officials of the department got hold of computers, used by the accused in one of the many cyber fraud cases in India. The owner of a plastics firm was arrested and Rs 22 crore cash, was recovered from his house by sleuths of the Vigilance Department. They sought an explanation from him regarding the unaccounted cash within 10days. The accused submitted 6,000 vouchers, to prove the legitimacy of trade and thought his offence would go undetected but after careful scrutiny of vouchers and contents of his computers, it was revealed that all of them were made after the raids were conducted. It was later revealed that the accused was running five businesses under the guise of one company and used fake and computerised vouchers to show sales records and save tax.
CEO of Bazee.com was arrested in December 2004 because a CD with objectionable material was being sold on the website. The CD was also being sold in the markets in Delhi. The Mumbai Police and the Delhi Police got into action. The CEO was later released on bail. This opened up the question as to what kind of distinction we draw between Internet Service Provider and Content Provider. The burden rests on the accused that he was the Service Provider and not the Content Provider. It also raises a lot of issues regarding how the police should handle cybercrime cases.
Bomb Hoax Mail:
In an email hoax, sent by a 15-year-old boy from Bangalore, the Cyber Crime Investigation Cell (CCIC) arrested him in 2009. The boy was accused of sending an email to a private news company saying, “I have planted 5 bombs in Mumbai, you have two hours to find them”. The concerned authorities were contacted immediately, in relation to the cyber case in India, who traced the IP address (Internet Protocol) to Bangalore.
A Look-alike Website
A 9-person crime was registered under Sections 65, 66, 66A, C and D of the Information Technology Act, along with Sections 419 and 420 of the Indian Penal Code. Under the complaint of this cyber fraud case in India, a company representative in the business of trading and distribution of petrochemicals in India and abroad had filed the report against the 9 accused of using a similar looking website to carry on the trade. The accused ran a defamation campaign against the company, causing them crores of rupees of loss from their customers, suppliers and even producers.
Since the changes were carried out in the Information Technology Act in Mumbai, this case of cyber terrorism was its first project. A threat email had been delivered to the BSE and NSE, at 10:44 am on Monday. With the MRA Marg police and the Cyber Crime Investigation Cell (CCIC) working together on the cyber crime case, the accused has been detained. The IP address had been traced to Patna, Bihar. When checked for any personal details, two contact numbers werefound, which belonged to a photo frame maker in Patna.
1.Cyber police has arrested a husband for misusing his wife’s FB account, in a cyber case in India. He hired an ethical hacker to hack into his wife’s FB account so that he can find pieces of evidence regarding her bad character.
2. Using the Trojan or malware women’s webcam was accessed to capture her private videos and posted on an illegal website. The incident came into light when the Mumbai resident appeared for an interview.
3. In a social media related cybercrime complaint, a famous Guajarati singer claimed that her photos were being used by an unknown man, saying they were married and had a child together.
4. To gain personal revenge, an ex-boyfriend, working as a software engineer, posted his ex’s personal phone number on a 24*7 dating service helpline was arrested in a leading cybercrime case.
In conclusion internet piracy and counterfeiting problem is big problem in the world and it is illegal activity. There is still more information required before any country can seemingly began to effectively it. There is also the questioned of weather or not should be published-yes, it is a crime, but in the grand scheme of things, it’s not a very high ranking crime. Many studies have pointed out that there may even be benefits to piracy. These thoughts must continually be researched before any conclusions can be drawn.If there is a movement to make piracy more acceptable, it may affect other IPRs as well. It could have serious repercussions when it comes to managing intellectual property and the business /science world.