Cyber crimes, electronic evidence and investigation : Legal issues

Contents
Forward;
Abbreviations;
Preface;
1. CYBER PORNOGRAPHY AND CRIMINAL LIABILITY OF SEARCH ENGINES, TELECOM SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS & OTHER INTERMEDIARIES: A LEGAL DILEMMA;
* PORNOGRAPHY LAW IN THE REAL WORLD;
• Historical development of the law and the Hicklin test of obscenity;
• Section 292 IPC;
• Constitutional validity of Section 292 IPC;
• Applicability of Section 292 IPC and the Hicklin Test: Some important cases;
• SECTION 292 IPC VERSUS SECTION OF THE INFORMATION TECHNOLOGY ACT, 2000: A COMPARATIVE ANALYSIS;
• LAW OF PORNOGRAPHY IN THE AGE OF THE INTERNET: A CRITIQUE;
• SCOPE AND PRACTICAL APPLICATION OF SECTION 67 LT. ACT, 2000;
• DPS 'MMS' Case : Critique;
• LIABILITY OF INTERMEDIARIES AND IMMUNITY FROM LIABILITY: A CRITIQUE;
• The Problem and Issues;
• Status of Intermediaries under the LT. Act, 2000 as amended by the I.T. (Amendment) Act, 2008 and their functions/roles in the Cyber World;
Internet Service Provider (ISP);
Web-hosting Service Provider and Blog Service Provider;
Telecom Service Provider;
Network Service Provider (NSP);
Search Engine;
Payment Service Provider/Online Payment Sites;
; On-line auction sites;
/' Cyber Cafe / Internet Café;
; Social Network Service Provider;
• LIABILITY OF INTERMEDIARIES, FOR THE OFFENCE OF CYBER PORNOGRAPHY UNDER SECTION 67 OF THE LT. ACT, 2000 : A CRITICAL ANALYSIS;
• LEGAL DEVELOPMENTS IN THE U.S. ON THE DUTIES AND LIABILITIES OF INTERMEDIARIES: A BRIEF ANALYSIS;
2. NATURE & TYPES OF CYBER CRIMES AND CRITICAL ANALYSIS OF CYBER CRIMES INSERTED IN THE I.T. ACT, 2000 BY THE I.T. (AMENDMENT) ACT, 2008;
• COMPUTER CONTAMINANTS AND VIRUS: EVERY COMPUTER USER IS A VICTIM AND A CRIMINAL!;
• FORGERY OF DIGITAL AND ELECTRONIC SIGNATURES: THE 'GREAT' CRIME AND THE
'GREATEST CRIMINAL';
• BLOGS, DEFAMATION, HATE SPEECH, RACIST AND XENOPHOBIC PROPAGANDA;
• IDENTITY THEFT, DATA THEFT, BREACH OF TRUST, PHISHING AND OTHER CYBER FRAUDS;
• HACKING;
• SPAMAND CYBERSTALKING;
• CYBER TERRORISM OR TERRORISM OF THE LAW!;
• JURISDICTION OVER CYBER CRIMES: THE SILENT AMENDMENTS;
• STRATEGIES TO CURB CYBER CRIMES: A CRITIQUE;
3. LEADING ELECTRONIC EVIDENCE IN THE COURT: CRITICAL ANALYSIS AND THE STEPWISE PROCESS;
• CLASSIFICATION & NATURE OF ELECTRONIC EVIDENCE AND SHORTCOMINGS
IN THE AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872;
• LEADING ELECTRONIC EVIDENCE: THE STEPBY-STEP PROCESS;
• Admissibility & Relevancy;
• Proof of Electronic Records;
• Authorship of Electronic Records;
• PROOF OF DIGITAL SIGNATURES;
• PROOF OF ELECTRONIC MAIL;
• PROOF OF COMPUTER PROCESSES AND VALUE OF ELECTRONIC EVIDENCE;
4. ELECTRONIC EVIDENCE, CRIMINAL INVESTIGATION AND PRIVACY VERSUS SECURITY;
• FINDING THE CRIMINAL THROUGH ELECTRONIC EVIDENCE;
• IPA (Internet Protocol Address);
• Media Access Control No. (MAC No,) and International Mobile Equipment Identification No. (IMEI No.) etc.;
• Tracking of e-mails and web-sites;
• The difficult terrain;
• PRIVACY VERSUS SECURITY: INTERCEPTION OF ELECTRONIC CONTENT/ COMMUNICATION "FOR INVESTIGATION OF ANY OFFENCE";
• COLLECTING ELECTRONIC EVIDENCE FROM THE COMPUTER;
• Electronic evidence is very sensitive;
• Presence of computer / IT expert(s) in the investigation team;
• Task assignment;
• Planning the search and seizure operation;
• Securing the place of search and element of surprise;
• Documenting the place of search;
• Enquiries from the occupants;
• Seizing the computer system itself may not be practical in many cases;
• Removal of the hard disk;
• Apply the 'Write Blocking' software;
• Need for forensic software on suspect media;
• Preventive measures;
• Packaging and transportation of electronic evidence;
• Storing electronic evidence;
• Chain of custody;
• Preserving the original;
• "Deletion" myths and digital forensics;
5. SHOULD INDIA SIGN THE CONVENTION ON CYBER CRIME?;
• USE OF TERMS: CONVENTION VERSUS DOMESTIC LAW;
• SUBSTANTIVE CRIMINAL LAW: CONVENTION VERSUS DOMESTIC LAW;
• Article 2;
• Article 3;
• Article 4;
• Article 5;
• Article 6;
• Article 7;
• Article 8;
• Article 9;
• Article 10;
• Article 11;
• Articles 12 & 13;
• PROCEDURAL LAW: CONVENTION VERSUS DOMESTIC LAW;
• Article 14;
• Article 15;
• Article 16;
• Article 17;
• Article 18;
• Article 19;
• Articles 20 & 21;
• ARTICLE 22: JURISDICTION UNDER THE CONVENTION;
• CHAPTER III OF THE CONVENTION: INTERNATIONAL COOPERATION;
• Article 23;
• Article 24;
• Articles 25 – 28;
• Articles 29 – 35;
• CONCLUSION;
APPENDIX 1 : THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008 [10 OF 2009];
APPENDIX 2 : THE INFORMATION TECHNOLOGY ACT, 2000 [21 OF 2000];
APPENDIX 3 : CONVENTION ON CYBER CRIME;
APPENDIX 4 : ADDITIONAL PROTOCOL TO THE CONVENTION ON CYBER CRIME;
SUBJECT INDEX.