Conventional Crimes Through Computer

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CONVENTIONAL CRIMES THROUGH COMPUTER

CYBER DEFAMATION

The law of defamation is designed to protect the reputation of an injured party by giving him the

right to sue for damages. Cyber defamation in this context would imply defamation by anything

which can be read, seen or heard with the help of computers. Since the internet has been described

as having some or all the charecteristics of a newspaper, a television station, a magazine, a

telephone system, an electronic library and a publishing house1, there are certain differences

between online and offline attempt of defamation which makes online defamation more effective.

Quantitatively, the number of people a comment defamaing a person might reach is gigantic and

hence would effect the reputation of the defamed person much more than would an ordinary

publication. Qualitatively such defaming messages can be posted in specific new groups so as to

have more effective negative impact on the reputation of the person being defamed2

Corporate cybersmear is a false and disparaging rumour about a company, its management or its

stock that is posted on the internet. This kind of criminal activity has been a concern specially in

stock market and financial sectors where knowledge and information are the key factors for business

men. Persons indulging in corporate cybersmear include disgruntled employees or insiders, ex

employees3, envious ex colleagues, imposters4, competitors5, Creditors6 and even those seeking a

forum when they are denied employment or former shareholders.7

Cyber defamation is covered under section 499 of the Indian Penal Code (IPC) read with section 4 of

the IT Act. Section 499 of the IPC inter alia provides that any one by words intended to be read

publishes any imputation concerning any person intending to harm, or knowing or having reason to

believe that such imputation will harm the reputation of such person is said , subject to exceptions

provided in the section itself, to defame that person. No specific mention has been made with

1Siver K,Good Samaritans in cyber space, 23 Rutgers Comp and tech LJ 1 , 3 (1997)

2Anne Fitzgerald, Going Digital 298 (2

ndedition 2000)

3Individuals made anonymous posts on an online-board, falsely claiming that a company and its CEO were

engaged in fraud and that the CEOs wife was having an affair. On investigation, the aliases used by the posters

wre identified. One was the husband of the disgruntled employee, and the other was an ex-employee4

The California Department of Corporations (Internet Complianceand enforcement), a regulator of securities

trading, won an August 200 settlement ordering Victor Idrovo to post a retraction (under the new alias ofretraction) of earlier posts to the yahoo message board. Under the original alias, Frankgmancuso, Idrovo

attempted to manipulate the price of Metro Goldwyn Mayer, Inc., (MGM) stock when he posed as an

insider/former executive of MGM. He was also fined $4500.5

For 18 months, Steven Cade (CEO of a rival golf club company, La Jolla club) used 27 aliases to post 163

messages on the yahoo message boards that wre critical of Callaway golf Company. During this same period,

Cade bought, sold and even shorted shares of Callaway Stock, As part of a settlement, Cade posted an apology

on Yahoo.6

False and defamatory statements made Amazon Natural Treasures, Inc. led to a stock price decline from an

April 1997, 52 week high of $3.56 per share to approximatelt 12 % per share. The low stock price led to de

listing from the OTCBB to pink sheets. It transpired that the statements were madeby the owner of Demante

and Associates, A new York public relations firm, who claimed that a public agency was suing Amazon for

about $7000 still owed her for work completed.7 SmartPros at:http://www.smartpros.com/x37013.xmlfor more examples and information on corporate

cyber smear
http://www.smartpros.com/x37013.xmlhttp://www.smartpros.com/x37013.xmlhttp://www.smartpros.com/x37013.xmlhttp://www.smartpros.com/x37013.xml


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regard to any electronic publication in the section. Section 4 of the IT Act gives legal recognition to

electronic records. It provides that if the law requires any information or any other matter in writing

or type written or printed form, ssuch requirement would be deemed to have been satisfied if such

information is rendered or made available in electronic form and accessible so as to be usable as a

subsequent reference. Keeping in mind the legal fiction created by the Section 4 of the IT Act, If any

defamatory information is posted on the internet either through emails or chat rooms, or chat

boards, such posting would be covered under the Section 499 requirement of publication and

would amount to cyber defamation.

DIGITAL FORGERY

Forgery is creation of a document which one knows is not genuine and yet projects the same as if it

is genuine. Generally it is used more in terms of affixing somebody elses signature on a document.

Digital forgery implies making use of digital technology to forge a document. Desktop publishing

systems, color lase and inkjet printers, color copiers, and image scanners enable crooks to make

fakes with relative ease of cheques, cuurencies, passports, visas, birth certificates, ID Cards etc..

Section 91 of the IT Act (read with second schedule) amended the provisions of IPC in relation to

forgery would include electronic records as well. Section 29A has been inserted in the Indian Penal

Code to provide for a definition of electronic record. The Words electronic record will have the same

meaning which has been assigned to it in section 2(1)(t) of the IT Act.

Section 464..........................................................................................................................

Explanation 3 to section 464 has also been inserted which for the purposes of this section provides

for the expression affixing digitital signature to have the same meaning as assigned to it in section

2 (1)(d)8

of the IT Act.

Section 463 of the IPC, after amendment defines forgery, in relation to electronic records, as making

of any false electronic record or part thereof with intent to cause damage or injury to the public or

any to person or to support any claim or title, or to cause any person to part with property, or to

enter into any expressed or implied contract, or with intent to commit fraud or that fraud may be

committed. Section 466 9(forgery of record of court or of public register, etc.) . Section 468 10(for

purpose of cheating) , section 46911, (forgery for purpose of harming reputation), section 47012,

(forged document or electronic record), section 47113, (using a genuine forged document), section

474,14( having possession of document described in section 466 or 467, knowing it to be forged and

intending it to use as genuine) and section 476 15(counterfeiting device or mark used for

authenticating documents other than those described in section 467 or possessing counterfeit

8Section 2(1)(d)- affixing digital signature, with its grammatical variations and cognate expressions means

adoption of any methodology or procedure by a person for the purposeof authenticating an electronic record

by means of digital signature.9

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marked material) have also been suitably amended to include electronic records. It may however be

noticed that section 467 which pertains to forgery of valuable security, will, etc. has not been

amended for the reason that section 1 (4 ) bars the applicability of the IT Act to certain documents

including will, trust, power-of-attorney, contract for sale or conveyance of immovable property etc.

Therefore digital Forgery and offences related to it are now covered under the IPC pursuant to the

amendments made by the IT Act.

CYBER PORNOGRAPHY

Cyber pornography refers to stimulating sexual or other erotic activity over the internet.16 This

would include pornographic Websites, pornographic magazines produced using computers to

publish and print the material and the Internet to download and transmit pornographic pictures,

photos writings etc. In recent times , there have been innumerable instances of promotion of

pornography through the use of com. Information Technology has made it much easier to create and

distribute pornographic materials through the internet, such materials can be transmitted all over

the world in a matter os seconds. The geographical restrictions which prevented to certain extent

foreign publications to enter into the local territories have disappeared.

The reasons for rise in cyber pornography have been many and varied. Primary among them is the

ease with which one can access pornographic material online and its anonymity. Individuals can

easily view pornographic images day and night in the privacy of their own home. The internet has

decreased the hurdle of shame that comes with purchasing pornographic materials and the

embarrassment of being caught with it. However what has been the most disturbing is the increase

in child pornography. Child pornography is different from other pornography and consequently

receives more stringent legal treatment. It is distinguished as an issue of child abuse-in its

production and/or in the way it is used by pedophiles to desensitise their victims. The growth of the

internet has provided child pornographers with a distribution vehichle which is perceived to be

relatively anonymous.

The issue of cyber pornography has been dealt with in section 67 of the IT Act where publishing of

any information which is obscene in electronic form has been made an offence. The section provides

that any material which is published or transmitted or caused to be published

16E-bhasin Internet service at : http//www.ebhasin.com/bonline/pro_faqs.htm
http://www.ebhasin.com/bonline/pro_faqs.htmhttp://www.ebhasin.com/bonline/pro_faqs.htmhttp://www.ebhasin.com/bonline/pro_faqs.htmhttp://www.ebhasin.com/bonline/pro_faqs.htm

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Conventional Crimes Through Computer