Identification in Fake Artificial World

Introduction:

Today, everyone is on the web. Children, teenagers, adults and even old age persons find some stuff on the web in this artificial world. Children are master in web games, but unfortunately they are losing the skills in physical games and activities. Teenagers easily caught in chat rooms on social web sites like Facebook, Instagram and many others, which in reality, is of no use except wastage of their precious time of studies. Moreover, premature youngsters are heavily addicted to watch adult stuff and porn sites, which is the worst effect of advanced technologies without any check and it seems like a horse without reins.

Valid Credentials:

Recently, center govt. has told to the Supreme Court that they cannot curb the problem of watching porn by youngsters. But I asked why they can’t? Definitely they can do. Actually the problem is that there is no check on the KYC of the users, while surfing online on the internet. As the govt. claims that they get a big success to destroy as near as 15 Lakhs fake pan cards by just linking them with Aadhar card, they can make Aadhar card or any other credentials like Aadhar card mandatory to use internet.

Linking of Aadhar card is not possible in case of foreigner users to Indian web sites and having valid credentials while login to international web sites is not possible as they are run and control outside the India. But we can set some similar valid credentials like passport or globally acceptable identification proof for such purpose. Excuse of having no such valid credential in this digital world is nothing but a fraud with the govt. and other people to whom we interact daily.

According to various surveys and data available, there are millions of fake accounts at social web sites. People use fake accounts to hide their identity and creating fake name and accounts leads to several types of crimes. The person, who makes such fake Id’s, should be prosecuted for the offence of cheating by personation under section 416 of Indian Penal Code, 1860. Moreover Facebook, Instagram, Twitter and several other web sites companies also should be prosecuted for the abetment of cheating by personation as they influence to the others and promote these activities.

Recently news is burning oil in regards to fake retweets by followers of Rahul Gandhi in reply to Rahul Gandhi’s messages of twitter and surprisingly, congress spokesperson said with a great honour that it is just a part of marketing as like our Hon’ble Prime Minister Narender Modi Ji do. After listening these comments, I am compelled to think that how low the level of our politics has gone. According to my views, whether you are P.M. or opposition leader or a common man, you can do marketing in a fair manner but by not making fools to the general public and now it is proved by their self statements that they use the technique of fake accounts on twitter and facebook to make billions of their followers and to send – receive fake messages and tweets. By this they just want to show the common voters that how popular they are, but in-fact they are cheating to the common man for the lure of vote bank. This is not marketing. One should let them know the difference between marketing and cheating tricks. They are doing only unfair trade practices which leads to derogation of dignity of our India Constitution.

Suppose, if all fake Id’s are removed from facebook, google, twitter and all other social web sites and it is made mandatory to use a valid credential to login on any social web site then you can blindly faith upon the data available on internet. You can frequently make social commitments, commercial and personal contracts with these persons without any threat of cyber crime. You will be no more victims of fake commercial practices by fraud persons, fake relations in societies and sexual harassment in the face of fake marriage promises etc.

Status of Minors:

Mohiri Bibi V. Dharmodas Ghosh is a very old and famous case related to British era and it is still used as precedent and frequently referred by our benches to discard the minor contracts. It is a matter of discussion that when a minor is not eligible to make a contract in the real word, then how can we allow to a minor to be a party in the contracts in this artificial world as this artificial world has more significance in our today life. How can we allow to these minors to be a victim by fake identities, whenever they are protected by the laws in the real world. I am surprised to see today that the trend of facebook account is increased in such a way that some peoples are so curious to make a new facebook account of their new born babies even when the mother is frequent with child in her womb. Can anybody tell me that what these babies have to do with these facebook accounts and what is the real purpose of uploading the pics of new born babies by creating a facebook accounts of infants and whether these infants are legally eligible to make a facebook account. Indirectly we are just increasing the blanket data of no use. If still we want to make such accounts, then I highly recommend that these accounts should not be open without any valid credentials and no duplicates should be made. Still I want to thanks these persons, at least they have started to accept the existence of a child in womb of mother in indirect way otherwise this issue was a big black spot in our societies in the face of many other social evils. These matters need a heated discussion at national level and it should be a matter of concern that what we are giving to our coming generations. It should be discussed at length that whether we moving in the right direction. These topics are too lengthy to discuss here. Public should raise their voice to discuss these issues and our legislators should make these topics as agenda of their tables. But unfortunately they have no time to discuss these very important issues, which are giving a drastically effect on our coming economical and social conditions. Because they are too much busy to discuss cow, buffalo, dog, beef ban, religious matters and many other such stupid issues. They just want to keep the public busy in these issues, which will never be solved and their shops for votes run for a long time.

Social Stigma:

We are developing the technologies but we are too much illiterate to use it. We should think to secure the technology also otherwise this will burst like Nagasaki atom bomb on our society which leaves its effect over many generations. Protecting the society from this social stigma is our duty. People are living in artificial world today but they don’t know how to live in this artificial world. This is somewhat different from the real world. Without webcam you cannot physically see to other person engaged with you on the internet and we are engaged with others on the internet in such a way that we are making friends, making personal and social contracts, and moreover we are promising to each other for marriage also without any verification. From the start of good morning, news paper reading, day shopping, lunch, snacks, friends chat, group messaging etc everything is going on web and these activities have a greater impact on our daily lives. So the significance of correct Id’s on the web has increased much more. Our lawmakers should think about it seriously with immediate solution to diagnose this plague. They are still unsuccessful to curb the problem of cyber scam, but this idea can open a new door to solve the issue of cyber scam threat to the society.

 

Author:

Dimple Jindal

 

 

 

Cyber Stalking & the Impact of its Legislative provisions in India

PrachiShah

As there is advancement in technology, crime has also increased due to it. Technology and crime go hand in hand. Technology played an important role in the several bomb blasts which occurred worldwide. One of the important medium was computers in all these killings. Computers have been proved versatile. It helps from communication to spreading heinous viruses all over. The later part and more to it is spreading a lot nowadays. Computer crimes or say cyber crimes have increased a lot today. Various categories are explored under it, out of which one of them is cyber stalking. Stalking happens every day in the real world but when it comes to virtual world stalking has increased at a double rate because stalkers can easily target victims being anonymous via internet. It is safe in comparison to stalking in real world.

Cyber Stalking:-

The word stalking was not commonly known until various instances happened. The legal definition of stalking varies from country to country. Various definitions are available in several books, out of which it can be stated that the common elements are[i];

  • Repeated and unwanted behaviours whereby one individual attempts to contact another individual, and
  • The behaviour causes the victim to feel threatened or harassed.

Stalking has become a problem to women and children on a larger part in comparison to men. Women are threatened, vandalized, assaulted when it comes to real world but the same things happen when cyber stalking takes place. Obscenity also adds up with the, threatens and harassment. No doubt men also become the prey of the same but its lower when it comes to females. Children also undergo the same trauma by adult predators and pedophiles. The victim is normally a person who is less thorough regarding internet services and its applications. The stalker is generally a person who is a paranoid with no self-esteem. But the traits differ from one stalker to another. Some harass to seek revenge or some do so for their own pleasure. While some just to do it for playing a mischief.

Cyber stalking is potentially just as dangerous to the victim as a live stalker would be the front door.[ii]

The core areas where the stalking takes place are;

  1.  live chat rooms/flaming[iii],
  2.  e-mail,
  3. discussion forums and;
  4. message boards.

Talking about chat rooms, here the stalker harasses by way electronically sabotaging the victim. While in case on forums and message boards, the stalker does by posting obscene junk under the name, contact number and address of the victim thereby threatening the victim. Similar is the case when it comes to e-mail. Instead stalking on e-mails has increased at a greater pace. The prowler sends bullying mails, obscene pictures, spamming etc.

Legal Regime:-

Discussing about the legal regime in India, then there were no provisions regarding cyber stalking until 2008. The Information Technology Act, 2000 did not contain any provisions regarding this heinous crime but the amended Act in 2008 made it possible by recognising cyber stalking via Section 66A. Though on paper it’s a recognised crime, half of the society is still unaware about it. In the following article an effort has been made to confer about cyber stalking in relevance criminal law and the legislative provisions.

Starting with criminal law, there is no per se law regarding cyber stalking under Indian Penal Code. Though, Section 503-507 applies for stalking. Some of the cyber stalking elements should amount to criminal offences and should lead to prosecutable offence. At the same time other international countries have ample of laws on cyber stalking. Talking about USA, their first cyber stalking law went into effect in 1999 in California.[iv]Other countries have also started to include this crime into their legislations. India has grown tremendously in the internet industry. Though it has developed in context of technology but then the issues regarding have also increased. The Information Technology Act, 2000 did not recognise the term but due to Ritu Kohli’s case the amended Act of 2008 recognised Cyber Stalking. In a case, in 2003, Seema Khanna (name changed), an employee with an embassy in New Delhi, know that web surfing would lead to an invasion of her privacy. In an apparent case of cyber stalking, Khanna (32) received a series of e-mails from a man asking her to either pose in nude for him or pay Rs 1 lakh to him. In her complaint to Delhi Police, the woman said she started receiving these mails in the third week of November. The accused threatened Khanna that he would put her morphed pictures on display at sex websites, along with her telephone number and address. He also allegedly threatened to put up these pictures in her neighbourhood in southwest Delhi. “Initially, she ignored the mails, but soon she started receiving letters through post, repeating the same threat. She was forced to report the matter to the police,” said an officer with cyber crime cell. That, however, was not the end of her ordeal. The accused mailed the woman her photographs. The woman claimed these were the same photographs which she had kept in her mail folder. The police said the accused had hacked her e-mail password which enabled him to access the pictures. A preliminary inquiry into the complaint has revealed that the mails were sent to the victim from a cyber cafe in south Delhi. The police felt that the accused might be known to the victim as he seemed to know a lot about her. The cyber stalker can be booked under Section 509 of the IPC for outraging the modesty of a woman and also under the Information Technology Act, 2000. But the police admitted that IT Act, 2000 was not enough to deal with cyber stalking.[v]

Ritu Kohli’s case is the first case in India dealing with cyber stalking. The case in which issues were raised as to what is cyber stalking? Why don’t’ we have laws regarding it?  Recently, the Delhi Police arrested Manish Kathuria the culprit of the case. In the said case, Manish was stalking a person called Ritu Kohli on the Net by illegally chatting on the website www.mirc.com with the name of Ritu Kohli. Manish was regularly chatting under the identity of Ritu Kohli on the said Website, using obscene and obnoxious language, was distributing her residence telephone number and inviting chatter to chat with her on telephone.Consequently Ritu Kohli was getting obscene calls from different chatters from various parts of India and abroad. Ritu Kohli reported the matter to the police and the Delhi Police swung into action. The police had registered the case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.[vi]  But Section 509 of the Indian Penal Code only refers to word, gesture or act intended to insult modest of a woman. But when same things are done on internet, then there is no mention about it in the said section. None of the conditions mentioned in the section cover cyber stalking. Ritu Kolhi’s case was an alarm to the Government, to make laws regarding the aforesaid crime and regarding protection of victims under the same. As a result Section 66A of the Information Technology Act, 2008 (ITAA 2008) states[vii], “Punishment for sending offensive messages through communication service, etc:

Any person who sends, by means of a computer resource or a communication device,-

(a) any  information that is grossly offensive or has menacing character; or

b) any  information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purposes of this section, terms “Electronic mail” and “Electronic Mail Message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.”

Conclusion:-

Ritu Kohli’s case is one the few cases that came in the lime light. There are thousands of cyber stalking cases talking place in the nation, but only few cases are lodged as a complaint. Due to threaten and fear of getting abused in the society half of the victims accept the incident as a nightmare and try moving on. Cyber stalking is covered under various approaches such as personal intervention, strategies, and legislative provisions to various flaws. In the 21st century the technological exploitation ha increased in comparison to physical exploitation. With no proper safeguards it is increasing everyday at a double rate. According to ‘Working to Halt Online Abuse’[viii] –an organization working since 1997 to fight against online harassment, in the year 2011, 305 cases of cyber stalking took place.

Also very few people are aware about the legal aspect of cyber stalking. Very few people even know that something called cyber stalking even exists. Folks need to get education regarding online abuse. It is one of the major steps by which an end can be availed to this heinous crime. The legal aspects are of no use if one does not know what is cyber stalking and what to do, when one becomes the prey of it?


[i] Verma Amita, ‘Cyber Crimes & Law’, Central Law Publication, p-157

[ii] Verma Amita, ‘Cyber Crimes & Law’, Central Law Publication, p-158

[iii]Available on,  http://en.wikipedia.org/wiki/Flaming_(Internet)

[iv] Jain.N.C, ‘Cyber Crime’,Allahabad Law Agency, p-235,236

[v] Source: Times of India 26.12.2003, Available on, http://www.indiaforensic.com/cyberstalking.htm

[vi] Cyberlaw consultant, ‘Legislation to check cyber stalking  needed urgently

Available on, http://www.financialexpress.com/old/fe/daily/20000727/efe27021.html

[vii] Information Technolgy (Amended) Act, 2008.

Available on, http://www.cciclub.net/downloads/IT%20ACT%202008.pdf

[viii] Available on, http://www.haltabuse.org/resources/stats/index.shtml