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UNIT 5
Computer in Society
and Cyber Law
Computer
in Real World
The computer
is used in almost every field in developed countries. Industrial advancement,
agriculture, defense, education, commerce and business, medicine, tourism,
banking, etc are the core areas where computer science is utilized. Today, a
man can communicate from one part of the world to another part easily, which is
an example of the advancement of computer science.
Within a
minute, man can communicate through Telephone, Telex, Fax and TV from one part
of the world to the other. The computer has helped in banking network also.
Your deposited money in a bank of the foreign country can be withdrawn using
ATM (Asynchronous Transfer Mode) card or Master Card from the other country and
your handprints can be sent to any part of the world at great speed.
The computer
has its application not only in manufacturing, medical research, education and
defense, but it is also used in small business offices to handle day to day
work easily and efficiently. Due to growing importance and numerous
applications of computer, it is essential to provide Computer Education.
Computers
are used as aids in the study of gravity, a flow of electric current, atomic
structure, chemical reactions, blood circulation, etc., as the textual matter
or graphical analysis. Computer assists the students in learning and
understanding the subject matter easily.
The computer
is used in developed countries in the study of history, mathematics, geography,
etc. Similarly, mathematics, science and statistics are taught with the aid of
computers. Distance learning like ‘Open University’ is another educational
application in Europe and America.
Students can
get university level education with the aid of computers through the ‘Open
University’. In the 1960s, computers were basically applied in research and in
1970s, computers were used in industries for process control and quality
control. In the 1980s, computers were extensively used in education and
economic sector which is called ‘Information Technology (IT)’.
Information
technology is recently developed technology which includes fast processing
capabilities of information and transmitting them from one part of the world to
the other. It has tremendously increased the capabilities in telecommunication,
television, telefax, etc.
Staying at
one corner of the world, one can receive information from any part of the world
or he can transmit the information easily with the use of information
technology devices.
Computers
help in decision making. Sometimes, the situations are erroneous in the study
of science and mathematics. Complicated mathematical problems and error free
scientific processing can be done easily with the help of computers. It also
helps in checking the students’ exam paper (objective types), database
management, spreadsheet calculations, record keeping and numerous other
activities.
Automated
Production
Computer-Aided-Software-Engineering(CASE)
It can help automate the often tedious task of documenting
entity relationships and data flows in a complex new system. Most CASE tools
include project management, data dictionaries, documentations support and
graphical output. Some of them even generate prototype code automatically. CASE
software, however, is expensive, requires extensive training and is difficult
to use.
Computer-Aided-Design(CAD)
It is one of the most popular software used by engineers for designing bridges,
roads, building, etc. This software has become an essential tool for the modern
engineering approach.
Computer-Aided-Manufacturing(CAM)
It had been used in industries; there are places and situations
where human beings personally cannot be present. In such places and situations,
the computerized machines and robots help in solving the problem.
The
automatic robots and computerized control system helps in manufacturing some
sensitive computer parts. Likewise, at a very high temperature and low
temperature or place of risk, such machines are used to manufacture components
of computer aeronautics, etc.
Computer-Assisted-Learning(CAL)
It is numerous packages developed to study different subjects. Students can
learn different subjects, such as Mathematics, Chemistry, Astronomy, English
Physics, etc. with the aid of computers. To study a single subject, a variety
of software has been developed. Such packages are called CAL (Computer Assisted
Learning).
Computer-Aided-Instruction(CAI):
In the industries, while manufacturing and processing, computers are used. Such
computers give instructions to the equipment. Such instruction in the
laboratory processing or industrial manufacturing is called Computer Aided
Instruction (CAI).
Computer
Aided Instructions enable us to use the equipment in the laboratory for
scientific researchers. The instructions through the computer are understood by
the equipment and give the information to the user. He/she read the information
and asks questions to the students.
Student
study the information or instruction presented, answer the questions and
perhaps asks questions of his/her own. The computer then accepts, analyzes and
provides immediate feedback to the students’ responses. It maintains records of
the student’s performance for evolution.
Computer
Aided Instructions and Computer Assisted Learning are very popular these days
since one can sit at a place and control the equipment or learn with the help
of a computer. Educational packages developed by different software developers
are becoming popular these days.
The software
can be run on the computer and the student may ask a question to the computer
and find the answer. Thus, the students perform their work.
Advantages
of CAI/CAL
The
Advantages of CAI/CAL are:
1.
Individual assistance is available for each
student.
2.
Only the correct answers are accepted by the
computer and thus, there is no chance of wrong evaluation.
3.
It gives a constant feedback and thus,
provides the learning environment.
Limitation
of Manual Operation
Manual
storage of data and information occupy more space and supply limited
information. The computer based processing system occupy limited space and
possibility contains huge data and information. The damage of files that
contain data due to water, fire, etc. directly affects the organization.
The papers
become old and they may be eaten by the termites in some cases. For safe use of
data and information, we need to have computer-based data processing and
information housing systems.
Computers
and Privacy
Computers
are electronic devices. They contain various kinds of data and information. The
user should be aware of a type of data being accessed and the purpose for which
it is accessed. The database management system, computer operating system and
file systems should be protected from unauthorized access.
This enables
the maintenance of data, information and communication. There are intruders who
try to pirate the data and information from the computer. It is safe to keep
the information on a computer if the security is tight enough from accessing by
unauthorized personnel.
Anonymity: The term
anonymity refers to the ability to convey a message without disclosing one’s
name or identity. A society in which anonymity is illegal would provide the
perfect foundation for a totalitarian police state. Anonymity can be abused.
Anonymity frees people from accountability and as a result, they may abuse the
privilege of anonymous speech.
They may
engage in defamation, which means the act of injuring someone’s reputation by
making false and malicious statements. Technology and computer with the
Internet are eroding the privacy. One of the methods the internet makes it
possible is with the help of cookies. Cookies are small files that are written
to your computer’s disk by means of the Web sites you visit.
Cookies are
used for legitimate purposes. Essentially, cookies provide Web sites with the
way or recording information so that it is available for future browsing
sessions at the same site.
CONCEPT
OF CYBER LAW
Pavan
Duggal, acknowledged as one of the top four Cyber Lawyers in the world, gave a
definition of Cyber law in 1996, which is broadly accepted, as follows: –
Simply
speaking, Cyber law is a generic term, which refers to all the legal and
regulatory aspects of Internet and the World Wide Web. Anything concerned with
or related to or emanating from any legal aspects or issues concerning any activity
of netizens and others, in Cyberspace comes within the ambit of Cyber law.
In other
words, cyber law which is also known as internet law, is the area of law that
deals with the use of internet and computers and the exchange of communications
and information, which includes the issues concerning with the protection of
intellectual property rights, freedom of speech and public access to
information. In simple words, cyber law is the law that deals with the legal
issues which is relate to the access, usage and the privacy of information’s.
Cyber law is made for controlling the crimes like theft of information’s,
fraud, forgery, etc. that happens due to the use of internet and computers.
The computer
has revolutionized the public life in many ways. The students, teachers,
lawyers, administrators, doctors, engineers and many others are using the
computer in many ways. The computers are providing information through the
Internet.
The internet
has played a key role in bringing the world together and provides a lot of
information. On the other hand, the hackers and virus invaders are trying to
spoil the function of the computers.
The
computers are the risk. A computer security risk is defined as any event,
action or situation that could lead to the loss or destruction of computers or
the data they contain. So, cyber law is made for the protection of private information’s
like intellectual property rights, from the cyber criminals.
For example,
many people fail to make backup copies of their data. A hard disk failure could
lead to a devastating loss of data. But such risks should be distinguished from
computer crimes, the action that violates state laws. The term cyber crime is
often used to describe crimes carried out by means of the Internet and a new
legal field called the cyber law, is developing in order to track developments
in this and related areas.
Various
obstacles were being faced due to the rigid cyber law and its implementation in
Nepal before 2057. On the principle of this law, the government has decided to
implement the law since 2061/5/30. Since then, Gadget and cyber laws are
implemented.
International
Cyber Law
At the time of origin of information
technology, there were no laws formulated internationally. Due course time,
there were many obstacles faced by the software developers and users at the
same time. To overcome these obstacles, the following laws were implemented.
Fair Credit Reporting Act in 1970 | Free access to Personal Credit |
Freedom of Information Act in1970 | Access of information posted by the |
Federal Privacy Act in 1988 | Access right of a government to see |
Video Privacy Protection Act in 1988 | Prohibition of personal record |
Computer Matching and Privacy | Right of government to keep the |
Copyright Act 1992 | Unauthorized copy of software (5 |
Some laws implemented by various
countries are given below:
Issues | Laws | National Actions | International Actions |
Contracts | Electronic Transaction Act | Hong Kong/ China, Singapore, | UNCITRAL: Model Law |
Harmful sites or contents | Penal Law or Legislation, Obscenity | Australia, China,HK/China, India, | N.A |
Hacking & Virus | E-Commerce Act | Philippine | N.A |
Intellectual Property Right (IPR) | Copyright Law, Patents Law, Trade | Hong Kong/China, Skouras, Sin | WIPO: Ratification |
Data protection and privacy | Personal Data Law Privacy Law, | Hong Kong/China, S.Korea,EU (e.g. | OECD: Guidelines on Transformer Data |
Security | Electronic Transaction Act, Digital | Hong Kong/China, Germany, Italy, | ITU: Recommendations ISO: Standards |
Taxation | Internet Tax Freedom Act etc. | USA etc. | N.A |
Domain names | N.A | Adopt ICANN practice in many nations | ICANN |
Consumer protection | Extension of existing consumer | EU etc. | N.A |
SPAM | Spam Bill (2003) | Australia, EU and USA | ITU: New initiative(2004)4 |
Beyond national jurisdiction | N.A | N.A | ITU and ISO standards EU:Cyber-crime |
Cyber
Law in Nepal
Cyber Law is
one of the most important law in Nepal, which is deal by the Company
Registration in Nepal as cyber law is connected to our day to day life and is
the significant area of human life. The Government of Nepal (House of
Representatives) has approved the Electronic Transaction Act-2063 on 4th
December 2006.
The law does
not only legalize all sort of electronic transactions and digital signatures,
it has undoubtedly implied the ways to run several computer-based mechanisms
and penalize cyber crime. Apart from that, the act has formulated the terms of
Comptroller of Certification Authority which is further divided into 12
sections and 80 clauses. For more effective, it has assigned separate judicial
body called IT Tribunal and Appellate Tribunal to keep an eye into all cases
which are connected to computer and cyber crime. If anyone is found to be
violating Cyber Law, then he/ she is equally punished like other crimes.
We cannot ignore that Internet has unlocked numerous opportunities for mankind
but it is also true that cyber crimes are also getting huge place in our lives.
There is no doubt that technologies are being a crucial part of humans and it
is our responsibility to deal with the problems that are created by the use of
internet and computers and maintain proper security of our information’s.
According to Cyber Law in Nepal, if an individual is found in such cyber crime
like hacking the intellectual property of others he or she will be punished for
minimum 6 months to 3 years in prison and has to pay minimum 50 thousand to max
3 lakhs. So, stealing other’s intellectual property is akin to steal in other’s
homes.
According to
this Law, IT consumers, their certification, digital copyright, their legal
status, control, authentication and permission are explained. Similarly, the
network facilities provided by the computer vendors, their duties and
responsibilities clearly stated in the law.
In addition
to the rights, the law also has explained about the crime activities such as
forged documentation, leakage of privacy, etc. A person or vendor or supplier
acting against the law will be responsible for the consequences of the
judiciary and he/she can be fined or jailed or both punishments can be bailed.
In the same
way, the law has explained about the bilateral contracts, their certification,
legal status, authentication, provisions, etc. The computers users, rights of the
computer employees, etc. are also explained in the law.
It would be
good practice if everybody practices the cyber law. But the rate of cyber crime
is increasing and the concerned body will have to be conscious of the fact that
the criminals should be punished. Nepal has formulated some policies and acts
as given below:
·
Electronic Transaction Act 2005
·
IT policy 2000
·
Electronic Transaction Regulatory 2005
Cyber
Crime
INTRODUCTION
Anyone who
wants to invade or harm a computer system can make use of the variety of tools
and tricks. These tricks related to unauthorized access. The unauthorized
access mechanism and other methods by which an intruder accesses the database
are given in coming sections.
Computer
Crime is an illegal activities carried out by the use of computers by the
individuals who has a good knowledge about the computer. Alternatively,
computer crime is also known as cyber crime, e-crime, electronic crime or
hi-tech crime. Computer crime is an act performed by a knowledgeable
computer user, sometimes referred to as a hacker that illegally browses or
steals a company's or individual's private information.
As the
number of computer's users are increasing, the computer crime are also increasing.
Due to the increment of computer crime, cyber law was made to control or
minimize these crimes but the crimes has not be fully controlled by cyber law.
Different types of computer crimes that has been in practice are as follows:
·
Cyber terrorism - Hacking,
threats and blackmailing towards a
business or person
·
Creating Malware - Writing,
creating, or distributing malware (e.g. virusesandspyware)
·
Denial of Service Attack -
Overloading a system with so many requests it cannot serve normal requests
·
Espionage - Spying on a person or business
·
Fraud - Manipulating data, e.g. changing
banking records to transfer money to an account
·
Harvesting - Collect account or other account
related information on other people
·
Identity Theft -
Pretending to be someone you are not
·
Intellectual property theft - Stealing
another persons or companies intellectual property like copyright, patent
rights, etc.
·
Phishing - Deceiving individuals to gain
private or personal information about that person
·
Scam - Tricking people into believing
something that is not true
·
Spamming - Distributed unsolicited e-mail to
dozens or hundreds of different addresses
·
Spoofing - Deceiving a system into thinking
you are someone you really are not
·
Unauthorized Access- Gaining
access to systems you have no permission to access
So, in
simple words, we can define computer crime as the unethical or illegal acts
like fraud, unauthorized access, phishing, identity theft, etc., done by the
knowledgeable computer user by the use of computer.
Password
Guessing
The
computers usually use some type of authentication technique using plain text
passwords to protect the system from uninvited guests. But, some people can
penetrate or break the authentication and access the computer resources. The
activity can be carried out by the following methods:
1.
Password guessing
2.
Shoulder surfing (look from shoulder for
someone using a password)
3.
Packet sniffers (A program that checks all
the traffic on a section of a network)
4.
Dumpster diving (look in dumped documents for
password)
5.
Social Engineering (False call for a password
das if you are the user)
6.
Super user status (provide facility to access
all the files and documents protected like in UNIX or Windows NT)
Salami
Saving and Data Diddling
Most of the
computer crimes are generated from inside the job. In salami shaving, a
programmer alters a program so that it subtracts a very small amount of money
from each account and diverts the funds to the embezzler’s account.
In the case
of Data Diddling, insiders modify data so that it is difficult to tell that
they have stolen funds. In some cases, data diddling requires little more
expertise than altering accounts or database records to disguise illegal
activities.
Forgery
Basic
shortcomings in the Internet’s technical design enable knowledgeable users to
make data appear to come from one place when it is really coming from another.
Pranksters
can easily originate forged e-mail messages, which can do such things. Spammers
(marketers who send unsolicited e-mail) use this technique to disguise the
origin of their messages.
Security
Loophole Detection Programs
There are
some programs that can detect security loopholes. Intruders can use a variety
of programs that automatically search for unprotected or poorly protected
computer systems and notify them when a target is found.
They can
also use SATAN, a security loophole analysis program designed for use by system
administrators. The program can tell how to get into a poorly secured system.
Computer
Viruses
Computer Viruses
resemble a living virus in frightening ways. The computer viruses require a
host and they are designed to make copies of themselves. There are varieties of
viruses like file infector virus, boot sector virus, macro virus, time bombs,
logic bombs, Trojan horse, etc.
Hackers,
Crackers, Cyber Gangs and Virus Author
Hackers are
computer hobbyists who enjoy pushing computer system to their limits. They
experiment with a program to try to discover undocumented features,
capabilities that are not mentioned in the system’s manuals. Sometimes, they
try track down all the weaknesses and loopholes in a system’s security.
Hackers are
those individuals who are technically proficient and attempted to access to any
system in unauthorized ways. They are also known as ' Ethical Hackers' or
'White Hat Hackers'. So, hackers are those individuals who are technically
proficient and are intensely interested in exploring the things and recondite
workings of any computer operating system by discovering the holes within the
system but never intentionally damage data. Hackers are most often programmers
and they obtain advanced knowledge of operating systems and programming
languages.
Crackers
(also called black hats) are hackers who like Darth Vader in George Luca’s Star
Wars trilogy, have turned to the dark side. They become obsessed with gaining
entry to highly secure computer systems.
Crackers,
who are also known as 'black hat', are those individuals who breaks into any
system or violates the system integrity with malicious content. Having gained
unauthorized access, crackers destroy vital data, deny legitimate users service
or cause problems for their targets. Crackers can easily be identified because
their actions are malicious.
Cyber Gangs
brings crackers together by means of the Internet and physical meetings. The
group dynamics reinforce their immature and often destructive aims.
Computer
virus authors typically want to see how far they can push the boundaries of
virus software.
Effects
of Computer Crime
Breaches of
computer security can be costly. As our entire economy and infrastructure move
to the networked information systems, the potential costs grow higher every day
due to the breaches of computer security.
The
following are the consequences due to an attempt in the computer crime caused
by hackers, intruders, crackers, and viruses.
1.
Consumption of time of staff member in
detecting intruders and managing safety methods.
2.
Physical theft of the computer and other
equipment cause a lot of damage to the companies.
3.
Due to the attackers, the banks, and
financial companies get adverse publicity.
4.
Vandalize the original web page with the different
contents.
5.
The privacy of public can be lost due to
unauthorized access of data and programs.
Safety
of Computer Crime
We are going
to discuss some methods of protecting our computer from above mentioned
possible damages to the computer and databases. None of them are 100% safe but
they will definitely reduce the risk damage.
The
following are the safety measures of computers.
1.
Protection of computers from power-related
problems such as power surges and power outages.
2.
Using call back system which helps to
identify the intruder’s location and phone number.
3.
Using firewall which protects the computer
from receiving unknown e-mail messages.
4.
Using encryption method for the databases for
its access.
5.
Using antivirus programs to protect from
virus infection.
6.
Using backups regularly with safe and virus
free hard disks.
Unauthorized
Access
Most of the
computer systems use some type of authentication technique. They may be
plaintext passwords which help to protect the system from uninvited guests. It
isn’t difficult, though, to guess or obtain a password. In fact, many
unauthorized access attempts target password lists.
Computer
Related Legal Problems
Plagiarism
Plagiarism
is a serious offense. It is the presentations of somebody else work as it were
your own. Plagiarism may cause legal problems. Plagiarizing copyrighted
material is called copyright infringement.
If you are
tempted to copy anything from the Web, you need to bear in mind that there are
U.S is a signatory to international copyright regulations.
Hence, an
author’s does not need to include an explicit copyright notice to be protected
under the law. Don’t copy anything from the Web page without first asking
permission.
Software
piracy
Imagine that
you have copied a computer program. It works perfectly on your friend’s
computer. Maybe, you are interested in making money by selling it. Such actions
which violate the copyright law is known as software piracy. There are some
sites and some domains available for the free copy of software and trial versions
to use.
But, you are
restricted to use the full version of commercial software, which if you use and
sell will affect the author directly or indirectly. The following actions are
illegal:
1.
Incorporating all or part of a General Public
License (GPL) program in a commercial program that you offer for sale.
2.
Continuing to use a shareware program past
the evaluation program’s expiration date, even though you didn’t pay the
registration fee.
3.
Violating the terms of a software license,
even if you have paid for the program. For example, many licenses forbid you to
install and use more than one copy at a time, so you are guilty of an
infringement.
4.
Making copies of site-licensed programs for
your personal use at home.
5.
Giving or selling copies of commercial
programs to others.
Adult sites
and obscenity
Adult sites are those sites which
contain pornography. They are full of nude pictures and explicitly sexual
outrages. Some people access these sites during the office hours which is
hampers the regular work of the office.
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