Computer hacking occurs when someone modifies computer hardware or software in a way that changes the manufacturer’s original intent. People who hack computers are known as hackers. Hackers think that what they do is like an art. They usually have expert-level skills in a specific program. For most hackers, hacking gives them an opportunity to use their problem-solving skills and show off their abilities. Most of them do not want to harm others. There are two definitions of the term “hacking”. The first definition refers to the hobby/profession of working with computers. The second definition relates to breaking into computer systems. While the first definition is older and is still used by many computer enthusiasts (who refer to cybercriminals as “crackers”), the second definition is more commonly used. Specifically, the web pages here refer to “hackers” only because our web-server logs show that everyone accessing these pages is using the second definition as part of their search criteria.
What kind of information can a hacker steal from my computer
Personal information, name, address, financial information, even the account information of your ISP and password, in short anything stored on your computer can be obtained by a hacker. A Trojan can record every keystroke you make, save the information in a hidden file, and automatically upload it to the hacker’s computer.
What else can a hacker do
There are many reasons why a hacker would want to break into your computer. He or she might want to use your computer and ISP account for illegal activity such as distributing child pornography. One of the most recent uses of Trojans is to cause DDoS (distributive denial of service) attacks. In a DDoS attack, the client commands all “servers” located on different PCs to attack a single website. Thousands of individual PCs can be commanded to access a website such as eBay or Yahoo at the same time, blocking the site’s bandwidth and causing service interruptions.
What can I do to protect my computer
- Download or accept files only from trusted sources.
- Use a firewall to prevent unauthorized access to your computer.
- Install a good virus scanner program and update virus information files frequently.
- Do not store passwords, bank or financial account numbers, Social Security numbers or other personal and confidential information on your computer’s hard drive.
Crime in computer generated superhighway is the new phenomenon in the contemporary scenario. In our dynamic society there is no business without e-business and e-commerce. In our daily life we cannot think of any intellectual and essential work without information technology. But this new multimedia technology is being misused and abused by the deviants and criminals. So, we cannot think of crime or criminals separately from cyber crime or cyber criminals. Cyber crime causes more harm to the society than conventional crimes. Hacking attack on Bhabha Atomic Power Station, AIIMS, World Trade Center etc. are the examples of cyber hacking which causes more harm to human life than conventional crimes. Whether hacking, spamming, cyber theft, cyber fraud, cyber terrorism, unauthorized access to computer and computer systems etc. should be considered more serious than any normal crime is a burning question across the globe. So, to secure our daily life, business and every intellectual conduct, we have to think about the prevention and control of cyber crimes and especially the most dangerous cyber hacking. It is very complex phenomenon as cyber world has no specific area or jurisdiction. Hacking in cyberspace is not only national but also international legal challenge which requires global standard security measures and control policy through worldwide in-depth study and research.
People generally understand cyber crime as hackers and hacking. Movies, TV, new multimedia technology encouraged people to identify the benefits as well as risks and threats of new technology in the era of convergence. Therefore, we have to do in-depth study to know about the relationship between new media, technology and hacking in cyber world and to develop effective, preventive and control measures. Traditional laws and orders become inadequate in cyber world, even the Information Technology Act 2000 is not sufficient to some extent in the contemporary dynamic era of communication convergence and new multimedia technology.
Hackers usually present themselves as i. protectors of vulnerable and unprotected information; ii. their activities are within legal limits; and iii. that they are not always law breakers.
This may be because they believe that a. very few or only a few victims are interested in filing a complaint against them b. most of the times the victims are unable to identify them c. This is due to the unspecified and undefined jurisdiction in the cyber space d. the accused usually commit the crime thousands of miles away. Another advantage for hackers, for which they commit crimes repeatedly, is that it is very complex to understand the crime in cyberspace. For example, hackers view a webpage and obtain very confidential information without the consent of the owner through deep linking and download it intentionally and dishonestly; this is a full-fledged case of theft under section 378 of the Indian Penal Code that if a person with dishonest intent removes any movable property from one place to another without the consent of the owner or possessor, it is theft.
It is also very difficult to identify and understand unauthorized access as criminal trespass under Section 441 of the Indian Penal Code, as well as hackers who cause damage after data is obtained or change data etc. Therefore, expert hackers think that cyberspace is their special area and they can do whatever they want very cleverly. They not only damage technological and economic dominance but also social, cultural and political values.
This article covers topics such as hackers, hacking methods, their culture, international aspects and law enforcement in European convention, USA, UK and India to understand what mechanisms are necessary for prevention and control of hacking in the era of convergence.
In the 1995 movie ‘Hackers’, Richard Gill, played by Wendell Pierce, the chief law enforcement officer says “hackers enter and destroy delicate private and publicly owned computer systems, infect them with viruses and steal sensitive material for their own purposes. These people… are terrorists”. The movie deals with the exaggeration with which hackers are represented and the shallowness with which hackers are perceived. He suggested that hackers are like rapists.
United States v. Edward Cummings — held that mere possession of technology with unauthorized use is a crime. In this case Ed. Cummings was identified as a “danger to the community” because he had a “red box”, a small modified Radio Shack speed dialer. The device was converted to an Emit-One to make free telephone calls from public pay phones. This was unauthorized use of telecommunications service and he was charged for it. Another incident also proved that the accused had custody and control of hardware and software, i.e. IBM “Think Pad” laptop computer and computer disks, which were used to alter and modify telecommunication equipment to gain unauthorized access to telecommunication service.
1.V Gold in UK, Shri Verma IIT, Kharagpur hacking of source code of former employer and thereafter arrested by Central Bureau of Investigation in India with the help of Federal Bureau of Investigation in US, Ankit Fadia’s Denial of Service attack case in India etc. are examples of how hacking poses threat to social system and hinders social progress which is a global legal challenge and there is an urgent need to prevent and control hacking across the world.
Nature and Character of Hackers
According to Helen Nissenbaum hackers were never part of the mainstream, but their current reputation as the villains of cyberspace is a far cry from the early days when they were first noticed. Many say that with their deviant behavior, hackers also remind law enforcement officials and legislators of the technological vulnerability and ignorance in our society. The ever-increasing cost of hacking is justified, as the evil actions of computer hackers, phreakers, crackers, carders, computer pirates, etc. have clearly proven that they can be really harmful and, if successful, lead to even more exhausting and unexpected costs. Hacking began in the 1960s as phreaking with telephone systems and services and immediately spread to computers, computer systems and networks.
According to Webster’s Dictionary hacker means “a computer enthusiast who is particularly skilled or a computer user who attempts to gain unauthorized access to a computer system.” Webster’s Second New Riverside University Dictionary defines a hacker as “a person who gains unauthorized, usually non-fraudulent access (use) to and who enjoys probing computer operating systems.” Bruce Sterling, author of The Hacker Crackdown, states that the term hack ‘may mean the unfettered intellectual exploration of the highest and deepest potential of computer systems. Hacking may be described as the determination to make use of computers and information as free and open as possible; and may involve the heartfelt belief that beauty can be found in computers, that the exquisite beauty in a perfect program can liberate the mind and spirit’.
The New Hackers Dictionary, written by Hackers, provides six definitions for hacking and hackers. They are as follows: A person who enjoys exploring the details of programmable systems and enhancing their capabilities, in contrast to many users who prefer to learn only the minimum and essential. One who programs enthusiastically (even obsessively). A person good at programming quickly. An expert in a particular language or operating system, i.e. a Unix hacker. A person who enjoys the intellectual challenge of overcoming or circumventing limitations. A malicious meddler who attempts to discover sensitive information floating around.
It also presents the two fundamental principles of Hackers Live By i. The belief that information sharing is a powerful positive good and that it is the moral duty of hackers to share their expertise by writing free software and facilitating access to information and computing resources wherever possible; ii. The belief that cracking systems for entertainment and exploitation is morally okay, as long as the cracker does not commit theft, vandalism or violate privacy.
In information technology, a ‘hack’ is a quick fix or clever workaround to a restriction. To trick a stupid machine into doing something unintended was the key feature of a hack. Even a simple trick like plugging a cell phone in or reusing previously recorded tapes as ‘blank’ tapes can be described as a hack. Experts know how to gain unauthorized access to programs in a computer, but they don’t do it. But a malicious hacker executes programs in other computer programs without the explicit or implied permission of authority.
Thus malicious hackers engage in criminal activities. Computer users are forced to spend huge amounts of money on specialized programmers, technical staff, equipment, etc. to protect their property. Otherwise only good password entry control, multiple intrusion warnings, screen banners like door and lock systems would be sufficient to meet the standard of reasonable care and precaution.
Hacker Culture
Individually, many hackers are antisocial. Their intense interest in computers and programming can be a barrier to communication. If left to their own devices, a hacker can work for hours on a computer program while neglecting everything else. Computer networks gave hackers a way to connect with others who had similar interests. Before the Internet was readily available, hackers would set up and visit bulletin board systems (BBSes). A hacker could host one on his computer and let people dial into the system to send messages, share information, play games, and download programs. As hackers connected with one another, the exchange of information increased dramatically. Some hackers posted their accomplishments on BBSes, claiming to have infiltrated secure systems. Often they would upload a document from their victims’ database to prove their claims. By the early 1990s, law enforcement officials considered hackers a major security threat. There are many websites devoted to hacking. The hacker journal “2600: The Hacker Quarterly” has its own site, which includes a live broadcast section devoted to hacker topics. Its printed edition is still available on newsstands. Websites such as Hacker.org promote learning and include puzzles and contests for hackers to test their skills.
Not all hackers attempt to explore forbidden computer systems. Some use their talents and knowledge to create better software and security measures. In fact, many hackers who once used their skills to break into systems are now using that knowledge and ingenuity by creating more comprehensive security measures. In a way, the Internet is a battleground between different types of hackers — the bad guys, or black hats, who try to infiltrate systems or spread viruses, and the good guys, or white hats, who strengthen security systems and develop powerful virus protection software. Many criminologists have attempted to understand and investigate the causes of hacking, or why hackers engage in criminal behavior. Hackers are becoming so rampant that the situation has become very difficult to deal with worldwide. Hackers were originally computer professionals who adopted the term hack as a synonym for computer work performed with a certain level of craftsmanship. Thereafter they gradually became desperate to spread the utility and accessibility of computers and computer systems among the common people. But nowadays hacker and hacking have changed their meaning dramatically. To hack means to break into or sabotage a computer system and a ‘hacker’ is the perpetrator of such activities. The legal meaning of hacking is associated with the act of gaining unauthorized access to programs or data stored on a computer system or altering, modifying or deleting a computer program, etc. or attempting to do so.
The term hacker is used to describe any one of the following: i. Hackers. They knew computers inside and out. They can make a computer do almost anything they want it to do. ii. Crackers. They break into computer systems and their security. iii. Cyberpunks. They are masters of cryptography. iv. Phreakers. They combine their in-depth knowledge of the Internet and mass telecommunication systems. According to SRI International, which studied more than 80 hackers and their associates in the United States and Europe in 1996, ‘the concept of a respectable first attempt at hacking has largely disappeared.’
In the contemporary phenomenon, malicious hackers regularly engage in fabrications, exaggerations, evasions and fantasy. They present themselves as very idealistic and champions of cyberspace. And that the ‘little guys’ work against the big computer vendors and do good work for a long time, teenage hackers present themselves as the supermen of cyberspace. Hackers believe that the attitude of common people towards hacking in cyberspace is immature and highly idealistic. Hackers require knowledge about the technical and operational aspects of the system they attack. Intelligent talented individuals who have attained responsible positions in information technology are more involved in the technically hackers group. Most hackers are well aware of their illegal conduct and consequences. And at the same time they are also aware of the vulnerability of law enforcement agencies. Police, Federal Bureau of Investigation (FBI), Secret Service etc.
At this point it may not be amiss to mention a case called the ‘Master Spy’ in the year 1994 which posed a major threat to the US security system. Military chiefs feared that an Eastern European spy gang had successfully hacked the US air defence systems and thus got hold of some of its most confidential intelligence secrets. After a 13-month investigation, it was discovered that a 16-year-old British music student was responsible for these thefts. The accused, known as the Data Stream ‘Cowboy’, had downloaded dozens of military files, which contained details of their research, development and other confidential information. He had also accessed the network of a California company to commit more than 200 logged security breaches using 1,200 computers and modems. He was tried and convicted in 1997 and fined $1,915 by a London court. After his conviction, the media offered the musical hacker large sums of money to write a book and film about his story. But he declined, preferring to concentrate on continuing his musical studies and gaining a place in London’s leading orchestras.
Types of Hacking
There are various possible ways of hacking, one of which is that the malicious hacker physically enters the premises of other people having computers and impersonates the owner. This is similar to criminal trespass under section 441 of the Indian Penal Code. Such impersonation is very easy if the owner does not have any protective and security system with a secret password to start or initialize the operating system. ii. Even the intelligent hacker may be able to guess the password where it is needed by using password cracking tools. The password cracking tool tests multiple passwords, finds it if written elsewhere, inspects it during use, like Shoulder Surf. iii. If this fails and the hacker cannot start the computer without the proper or correct password then the hacker can reinstall the operating system. This process of hacking is a bit more difficult and time consuming, but not impossible. iv. Another way of gaining control is for the malicious hacker to trick the legitimate user into entering and executing a Trojan horse program in the computer. The Trojan horse program contains computer instructions unknown to the user and carries out the hacker’s attack. v. Again the hacker can take advantage of known vulnerabilities of computer operating systems like UNIX or Microsoft Windows, which is the most technical method and requires detailed knowledge of the operating system, unless a pre-packaged detection tool like SATAN is required. vi. Password is not only a supporting factor of hacking but also an unauthorized access tool. Password can be called an unauthorized access tool; however its main function is to identify the person or establish a connection with him by giving him an identity in the cyber world. Password contains secret, personal information or personal identification. Nowadays we have passwords for everything like email, ATM machines, websites, administrators, credit cards, online banking, brokerage, web auctions, microwaves, cable boxes, garages, door openers, bags etc. Password crackers are highly sophisticated and keep trying combinations of words, letters and symbols until they find the right one. Sometimes they have information about the person whose password they are going to crack and his personal details and use those details until they find the right answer to open it. Vii. The use of mathematical algorithms in an attempt to break the password hash or cryptographic scheme is another way of cracking as well as protecting the password. Hence, most hacker sites have a large number of password cracking programs e.g., Unix, Win_9x, zip files, chat software, e-mail software. viii. Mostly hackers target servers, as the important information is stored there rather than on their client’s machines. Prima facie a hacker tries to operate the internet and telephone networks. Hackers also use the scanning process to scan the internet activities of the host for remote vulnerabilities through fast fiber-optic connections. Malicious hackers actually focus on attacking and breaking the installed firewall of the network. Hence, whether it is a password or a PIN number or a social security number (SSN), each such number should be kept in the head and not written down somewhere. Then when one has only one password it is not difficult to remember it but if one has three, four, five or more passwords then it is very difficult to remember it and it has to be written down somewhere and if not kept secretly then anyone can access it. Preventing password cracking is the first and foremost duty, along with other duties is to change it from time to time, as it is the key to open the security system and confidential information. ix. Hacking can be done through e-mail, website, mobile by sending messages with many offers and obscene access and asking for their password or social security number and personal information. Jim Falls Worth worked closely with hackers to understand the goals of penetration testing, as others call it friendly hacking. And he explains some of the steps and procedures that criminal hackers use without the permission of the owner. These are as follows:
(1) They assess the strengths and weaknesses of the banks new services and how they relate to the rest of the bank’s operations. (2) They try to determine what vulnerabilities exist in those systems. (3) They provide solutions to enhance the security of the systems. (4) They demonstrate the potential for harm to the bank or its customers by breaking into the bank. The types of information that hackers are interested in are as follows: 1. Operating systems. 2. Open technologies and systems in use. 3. Major vendors used within the enterprise. 4. Physical address of data centers and telephone centers. 5. Phone exchange information etc. 6. Another method of attack is the denial of service attack, as has been developed in recent times. 7. Hackers may hack for evidence, when they realize that their activities are under investigation and then they try to delete the investigators’ file. Both hackers and their culture are very technical. Their language is based on jargon which is a point of separation from the mainstream. It is very difficult to identify any clearly structured group working on the computer underground. A new generation of youth is growing up with computers every moment.
What is a hackers group
The word “hack” started out as a term for a “simple solution” to a problem. Then, with the introduction of computer programming, it came to mean “the achievement of programming skill.” Teenage boys, attracted by their unique power, plunged into the world of Internet bulletin boards and telephone systems. The lure of the next big challenge, hacker-group rivalry, political activism and personal gain, all come to the fore in this fascinating underground world — in which everything is painted in shades of grey. Hackers, virus writers, unauthorized users in cyberspace have no organization in the form of traditional criminal groups. Hackers usually change their passwords, methods, sites, group memberships and e-mail addresses. Therefore tracking hackers and their groups is a very difficult task. From teenagers to old people, from poor to rich people, then from school-going children to engineers and men as well as women are involved in hacking and other cyber crimes. This is a big threat and setback in cyberspace. These are increasing with the development of technology in the era of convergence.
The Changing Nature of Hackers’ Culture
Hackers on both sides heavily support open source software, programs in which the source code is available for anyone to study, copy, distribute, and modify. With open source software, hackers can learn from other hackers’ experiences and help make programs work better than they did before. Programs can range from simple applications to complex operating systems such as Linux. There are many annual hacker events, most of which promote responsible behavior. Thousands of people gather at the annual conference called DEFCON in Las Vegas to exchange programs, participate in competitions, attend panel discussions about hacking and computer development, and generally promote the pursuit of satisfying curiosity. A similar event called Chaos Communication Camp combines low-tech living arrangements—most attendees live in tents—and high-tech interactions and activities. Hackers are not always malicious but they are ethical. They are also not always interested in purely academic endeavors. Not all hackers in the contemporary phenomenon are computer science experts or computer programming engineers. First generation hackers were computer science experts or engineers who wanted to work for public interest. Second generation hackers mostly dealt with telephone services, tampering with source codes to cause damage to computers, computer systems and networks. Third generation hackers were mostly young people who did hacking for fun, sport, entertainment, etc., to take revenge and make quick money. The fourth generation is the contemporary scenario where hackers are crackers, denial-of-service attackers, persons cloning telephone and internet connections, cyber terrorists and spammers. They are old, young, female, male, educated, uneducated, etc. The activities of hackers from first to fourth generation are different; they are members of heterogeneous groups.
That is why training of police personnel is very necessary nowadays. Five policemen of cyber crime cell were taking four months intensive internet training in India in 2001. Within this four months they became as good as hackers and better equipped to handle cyber crime with new techniques of hacking on internet etc. This is a very urgent need of our society because to prevent and control hacking policemen need to know how crimes are committed in the superhighway. On 10th July 2001 trainer Mufti said “The favorite subject of policemen is writing business applications or the internal part of internet. They are also focusing on Java and C++ languages and are definitely becoming more confident each day”. A police inspector Zahid said “We are happy to have this intensive four months course. Everything that policemen need to know to deal with cyber crime is being taught”. Therefore, hackers cannot escape the law for long. The website of Mumbai Police Cyber Crime Cell is www.CyberCrimeCellmumbaicity.com. They conducted many seminars and workshops on cyber crime, hacking, internet abuse etc.
On 20 January 2005 News Line published on the website that police officers in England and Wales, who have little or no training, are required to receive basic training to deal with cyber crimes. This training course can be called a ‘pure crime training and delivery’ programme. Because if they don’t know what is in front of them, how can they seize it! Computer crime has now become an integral part of mainstream policing and in the contemporary hi-tech society any crime has a component of information technology.
Cracking, Phreaking and Hacking
Malicious hackers, who usually “crack” the network security, secretly enter the security system to cause international damage, are also called “electronic vandals”, who can break the security system whether it is of government department or private industry or individuals. Not only this, hackers are mostly intellectual programmers who have special study and knowledge about computer systems and they use their skills to create trouble, steal credit card numbers, flow viruses, etc. Hackers who are involved in illegal programming, they work to break into others computer system, and network security are called crackers. Therefore, we can say that when hackers cause serious or dangerous damage to computers and computer systems or network security system and break the system they are called crackers. They not only commit criminal trespass or unauthorized access but also commit other crimes. Crackers usually try to attack servers where they get easy access to important information of many users. So they target through the internet and telephone networks. To achieve success in cracking or malicious hacking, they eventually use scan programs to scan the host. Phreakers were generally telephone hackers. They enter computer systems illegally through phones. They enter computer systems illegally for many purposes such as information and sell it out of curiosity or to make fun or games. Phreakers engage in pranks/phreaking by altering phone systems, diverting calls, rearranging web pages. They sometimes do so without any purpose of gaining financial gain, although their activities cause losses to corporate bodies, industries, government departments, individuals, etc.
As hackers phreak due to curiosity and to gain such reputation, he is an outstanding personality who has intelligence and knowledge in new multimedia technology. They find bugs or holes in computer systems and networks through which they can enter and exploit by altering, adding, damaging or destroying any data or device in the computer or computer system or network. Hackers or phreakers who flow viruses or shut down internet websites and make any error for internet service providers are also called “denial of service” attackers, spammers. We can say that phreakers are the forefathers of hacks and hackers. Before computers our communication was mostly dependent on telephones. In public telephones where the facility of making calls by inserting a one rupee coin is available, people do such a crime. They carefully slide the strip as far down as possible in the slot and pick up the phone and while getting dial tone they put a coin in the slot and as soon as the phone registered the coin and the call was made, they immediately got their coin back. Thus they make free telephone calls through a piece of rigid construction board which is cut accordingly and adjusted with slots. In the contemporary phenomenon computers can communicate through mobile phones, wireless and land phones, making phreaking or telephone hacking easier.
Hackers’ Behavior
Most of the intensive studies of criminologists in the contemporary high-tech society are based on hackers and hacking. Many criminologists have attempted to understand hackers’ behavior and investigate the reasons why hackers are involved in criminal behavior and have attempted to develop effective legal principles for the prevention and control of this dangerous crime, although we know that complete elimination of cyber crimes in cyberspace is not possible. Some jurists say that hackers commit crimes due to passion, tendency or addiction to using computers and working with networks, for example, hacker Bedworth was arrested in England in 1993 and his lawyer defending him said that he was suffering from psychological addiction and an irresistible desire to use computers, computer systems and networks, on the basis of which he was acquitted. This shows that hackers in the new generation do not need intensive study and deep knowledge about computer science or programming qualification; they are not always computer or information technology engineers. Therefore, today’s hackers are different from before.
The new generation hackers are involved in criminal activities as a recreational sport and they are not even interested in developing their knowledge on new multimedia technology academically. They are more interested in taking revenge or fulfilling their greed or showing their power or doing other malicious acts through computer systems and networks. Prevention and control of hacker’s activities becomes more and more complicated from time to time because they are members of a heterogeneous group and not a homogeneous group. They do not have any common clothing. Some hackers are called sport intruders who break into computer systems, Internet and deface web pages; and others are competitive spies who generally avoid illegal activities and act in an ethical manner. They are also a group of intelligent youths who do hacking to save their country and maintain security in their country with authority.
Hackers are mostly teenagers, who were neglected children in their younger age, habitual drug and alcohol addicts, they are generally very intelligent but with poor academic performance, they are pleasant and representable personalities, who have the patience to sit well on the keyboard and monitor for hours. New multimedia technology is changing every moment. So what was there in the 1970s has changed in this new era of technological millennium. So with the change in society and circumstances, the hacking culture is also changing from time to time. Although we can classify them as hackers, crackers, phreakers, etc., the dividing line is very thin and overlapping.
International Initiatives to Prevent and Control Cyber Hacking
1.European Union: To discuss one of the cyber crimes we should refer to the European Committee (EC) on Cyber Crime Problems. This committee prepared a committee of experts on crimes in cyberspace and they created a draft Convention on Cyber Crimes, Draft No. 25 REV. 5 on December 2000, which was followed by the Cyber Crime Treaty on 23 November 2001. This was the first international treaty with about 45 signatories to specifically target cyber crimes. The convention had 3 main parts: The first part contains general definitions of certain crimes related to the use of new technologies, i.e., Chapter II Section 1 of the Basic Criminal Law. This section contains 4 main crimes i.e., Title 1 which deals with crimes such as hacking, virus attack, denial of service attack etc. Article 2 prohibits illegal or unauthorized access; Article 3 prohibits illegal interception; Article 4 prohibits data interference; Article 5 prohibits system interference, Article 6 prohibits misuse of the equipment.
2. Global Internet Freedom Campaign (GILC): It brings draft proposal to empower law enforcers to intercept international communications and traffic data, giving police forces full freedom to wire tap or access internet users to prevent and control abuse. However, Walter Schwimmer (EC Secretary) has objected that the proposal gives free hand to investigations, without establishing control measures to check if they have done something wrong. This measure is open to abuse by law enforcement bodies. One proposal of the treaty was to outlaw “hacking tools” along with internet security tools. Again, GILC members say that this would put unnecessary restrictions on the legitimate promotion of computer security technologies. Some suspect that this treaty may be contrary to the protection of human rights and it may also undermine the development of network security technologies, it may also reduce government accountability in law enforcement. The Council of Europe has developed measures on cybercrimes to deal with the growing international threat in cyberspace. It aims to tackle not only criminals who are using the internet to commit financial theft and fraud, but also denial of service attacks and computer viruses, cracking etc. which are potentially very harmful in nature.
The Group of Eight (G8), made up of the world’s richest industrialised nations, met on 24 October 1997 to discuss the issues and took the lead from the European Council in drafting a global treaty. Yaman Akdeniz, director of Cyber Rights and Cyber Liberties, part of GILC, argues that the Council of Europe’s treaty would deprive European internet users of the right to be presumed innocent until proven guilty. The challenges faced by law enforcement agencies in our fight against cybercrime are generally being divided into three categories. These are as follows: i. Technological which hinders law enforcement ability to find and prosecute criminals who operate online. ii. Legal consequences arising from laws and legal tools needed to investigate cybercrime lag behind technological, structural and social changes. iii. Operational changes to ensure that we have built a network of well-trained, well-equipped investigators and prosecutors who work together at unprecedented speed, even across national boundaries. When a hacker disrupts air traffic control at a local airport or when a cyberstalker sends threatening e-mails to a school or local church or when credit card numbers are stolen from a company, investigators must trace the source of the communication, such as finding the electronic criminals who are responsible for e-threats or e-robberies and other e-crimes. James K. To do that, law enforcement agencies must trace an “electronic trail” that traces the criminal from victim to offender in nearly all cases in the electronic age, Robinson said.
However, this can be difficult, especially if we require international cooperation, if the criminal attempts to hide his identity, or if technology otherwise hinders our investigation. In the contemporary phenomenon of liberalization and globalization, e-commerce and e-communications are spreading around the world making consumers and business concerns more vulnerable. The global nature of the Internet is a contributing factor to anonymity and cybercrime internationally. For example, a computer hacker in the UK can attack the computers of a corporation located only a few miles away or in India, France and the United States. It is very complicated for law enforcement agencies to investigate and arrest criminals who communicate through several countries. The most important thing is international cooperation and assistance; without it, deviant people will freely commit crimes again and again with the help of only computers and modems or with the help of only Internet connecting devices.
The February 2000 Denial of Service (DoS) attack is a good example of how easily crimes can be committed on the superhighway and how necessary international cooperation is to meet the technical and infrastructure challenges. To deal with global communication, every country has to work very quickly across borders before the information is altered or deleted or misused by hackers. It is very important to deal with hacking in the global scenario. So, here we will discuss the prevention and control of hacking in UK, USA and Indian scenario.
Cyber Hacking in United Kingdom
Explaining the hacking situation in United Kingdom (UK), Professor L. Lloyd says, “The stereotypical portrayal of a cyber hacker is that of a teenage boy in a greasy T-shirt and torn jeans, hunched over a terminal for hours, his eyes fixedly staring at the green glow of the VDU monitor…nowhere is safe, nobody can keep him out, nobody knows the scale of the threat, the silent insidious menace stalks the network as seen in R v Gold”.
1.Audit Commission: On the basis that prevention is better than cure, the UK Audit Commission recommended certain preventive measures along with a British Standard for Information Security Management. The report identified certain security policies that are very important to follow: Cyber security that is adequate to business strategy. Clear statement of the importance of cyber security. Clear statement of adequate and appropriate legislation regarding information technology security. Clear statement of the responsibilities of employees to protect investments in new technology and computer data. Clear description of the steps taken by management to encourage and maintain high security standards and to ensure that these are implemented in practice. Details of steps taken to minimise misuse of computers, such as secure password systems etc. Details of data processing through new hardware and software. Internal control mechanisms. All these are in line with British Standard for Information Security Management (BS 7799) such as key controls, security documentation, education and training, responsibilities, reporting, virus control, data protection etc.
Cyber Hacking in India
In the globalised, liberalised era of communication convergence and new technology, the server is in one state and the user is in another state. The application of law in cyberspace is very complex due to undefined jurisdiction. This is an international as well as national legal challenge. India enacted and passed the Information Technology Act 2000 (IT Act) which came into effect on 17th October 2000 and Rules 2000 following the United Nations’ Model Law, 1997. Sections 43 and 66 of the Information Technology Act 2000 specifically deal with hacking and unauthorised access to computers, computer systems and computer networks.
In the strict sense these do not relate to the internet or other media with network connections e.g. wireless, mobile, television etc. But if we interpret these in a liberal sense we can see the internet or other media with network connections e.g. wireless, mobile, television etc. are also covered under these two sections. The term hacking is synonymous with unauthorised access and criminal trespass. Hacking is the act of obtaining unauthorized access to, modifying, deleting, destroying or attempting to obtain unauthorized access to, programs or data stored on a computer, computer system, computer network or alternative. Hacking is understood as unauthorized access in the USA and UK and is prohibited under the Computer Fraud and Abuse Act 1986 in the USA and the Computer Misuse Act 1990 in the UK. Therefore, we can say that hacking is a prohibited conduct which is prohibited by the state through criminal law i.e. Information Technology Act and Indian Penal Code in India, and the state prescribes punishment for hacking through criminal law. Cyber hacking is related to computers, computer systems, computer data, computer programs. Therefore, we must know what is ‘computer’ in the age of communication convergence.
1.Essential elements of hacking: The essential elements of hacking are as follows: Intentional wrongdoing or causing harm to others. Inflicting wrongdoing or causing harm to another person having knowledge. It should be related to a computer, computer system or computer network. The result should be that (a) destroys, (b) deletes, (c) alters, (d) diminishes the value or utility of the information, or (e) is detrimentally affected.
There is an urgent need to adopt uniform and high standard cyber laws and particularly the law on cyber crimes to adopt more strength to deal with the situation in the contemporary event. Disputes between India and Pakistan on cyber crimes are increasing. The industry is also not aware of insider cyber hackers. People are accustomed to paying for e-business; most of the sites do not have encryption technology up to 75 bits which is the minimum requirement to prevent threats in cyberspace. Credit card hacking is increasing day by day. For example, websites like rediff.com, Yahoo.com, satyamonline.com etc. ask for only credit card numbers along with other details for e-shopping and e-commerce. And their responsibilities are till payment, not till delivery of goods to consumers; these processes are exploited by hackers. These led to two-way hacking: 1. If the user is the genuine card holder and is given the original information then hackers can easily use it to commit other crimes, like identity theft, cyber fraud, selling it to others, etc. If the user is not the genuine card holder and is giving wrong information about the credit-debit card, then companies and others offering sales through the internet may be at a loss.
2. Socio-legal impact of cyber hacking in India: Cyber hacking does not mean any harm to human life because hackers are human beings and they are hurting human society. Especially Bhabha Atomic Research Centre servers and traffic control servers were hacked; which are the direct examples of harm caused to human life. The recent attacks on USA and UK on 11th September 2001 and July 2005 are vivid, painful and measurable examples in the contemporary scenario, which had the impact of cyber hacking and cyber terrorism. These attacks are not limited to those particular countries only but also spread to the world. Therefore, our primary task should be security measures in the cyber world. Pakistani hacktivists have been successfully defacing many Indian websites since 1999. It has become common practice among hacker groups these days.
On 10th January 2001, R.K. Ragavan said that it is very difficult to crack down on Pakistani hackers because Indian hackers are not in collusion with Pakistani law enforcers. Therefore, any sensible person can wonder what kind of cooperation India can get from Pakistan. Hackers usually break into computer systems using software and steal information. Those hackers have complete knowledge of that software. In the year 2000, about 635 Indian websites were hacked. Identifying the hackers was also a very complex event. People in India are mostly illiterate and are reluctant to commit this crime and complain. Mr. Devang Mehta, President of NASSCOM, says that due to lack of a uniform law against cyber crimes related to misuse of computer systems, it has become difficult to prosecute cross-border hackers.
Conclusion and Suggestions
The term “hacker” carries weight. People disagree strongly on what a hacker is. Hacking can be defined as legal or illegal, ethical or unethical. The media’s portrayal of hacking has fueled one version of the discussion. The struggle between discourses is important to our understanding of the computer hacking subculture. Moreover, the outcome of the struggle may prove crucial in determining whether our society and institutions will remain under the control of a small elite or whether we will move toward a radical democracy (also known as socialism). My hope is that future hackers will transcend their boundaries (through the inclusion of women, deeper politicization, and greater concern with recruitment and teaching) and become hacktivists. They need to work with non-technology-based and technology-borrowing social movements (like most modern social movements that use technology to more easily do their work) in the struggle for global justice. Otherwise, non-technology-based social movements may find it difficult to continue resistance, as their power base is eroding while a new technological power elite is growing—and the fictional cyberpunk world of 1984 may become real.
In this new era of industrial espionage any person can travel or walk with a pocket PC and login to access unsecured wireless internet connections in homes or commercial industries. It is not easy to trace it except the connection of the registered user. For example, the case of Virginia we can mention here, one morning John Strolls in Virginia was storing logging locations and network addresses of unsecured wireless internet connections using self-software and wireless receivers which enable computers to receive wireless signals. While doing this he incidentally found out that an unsecured connection was coming from a parking garage located approximately. Out of curiosity, he immediately passed on this information to his partner X (partner in crime). After two days when X sat with his laptop computer in the parking garage he hijacked the wireless internet connection which was identified by John. X did this by using the basic network information collected during John’s survey. A convenient way of hacking is to scan the network or computer system. By this the hackers can control and watch the activities of the server. In other words it is called external attack by mapping through scanner. Because unless one knows what is his target, he cannot reach it. Here we can say that computer systems are becoming more dependent on the network and also becoming more vulnerable. At this point we can mention Wietse Venema and Danfarmer on the Satan release note after which scanning became the standard for both attackers and defenders/victims. The scanning program became very popular which was written by “Fyodor” he encourages people to write to him at fyodor@dhp.com.
Not only external attack but also internal attack has become very harmful and therefore, we have to be aware about the technical methods of cracking, whether it is password cracking or network cracking and also about its control measures. The control can be on resources, system application or other infrastructural control. Hackers try to find out whether the system, program or personal data is with weak password, strong password or without password. Whether dialing in the modem is with security or without security, whether it is possible to bypass the security system or not. They try to find out these information using their own tools. Hackers usually try to use social engineering. They also try to learn about the target technology, free tools from the internet and try to create their own tools to collect information. Therefore, we must have more teeth and nails to prevent and control this dynamic and complex scenario. We have to keep in mind that the other way to hide e-message is encryption for which decryption should always be available which brings back the hidden message to normal text or plain text and then it becomes very difficult to cancel it. So, encryption and decryption keys should be used for both sending and receiving messages to communicate with each other.
On 19th January 1999 Gilmore and Electronic Frontier Foundation announced success. In less than 24 hours they decoded a DES-encrypted message which was their exact target i.e. deep crack. The crypto hacker built a machine for this attack at a cost of less than 250,000 US dollars. The name of the DES-cracking machine is based on the master level chess playing IBM computer Deep Blue. It is called deep crack… Things which were considered hard to attack were cracked by crypto-hackers. Teenage hackers like Ankit Fadia, 14, Neeraj Pattath, 17 are employed by NASSCOM, Mumbai Police and other committees in India to advise on (1) setting up anti-hacking measures; (2) knowing how to detect hacking; (3) knowing how to solve the hacking problem. They will be called ethical hackers like Kevin Mitnick in the US. Mr. Ankit Fadia was just 16 when he averted a major hacking, like a denial-of-service attack by a Pakistani hackers group. He found that its origin is in Pakistan.
Even, only through a cell phone a malicious hacker can gain control over others cell phone, wireless, computer, websites and send messages, make calls, do call diversion, download software, flow viruses, do cyber terrorism as happened in Ayodhya case in India in the year 2005, do cyber pornography and other such cyber crimes. Therefore, our firewall system should be strong enough and updated to control and prevent hacking. When the investigator finds out that their files have been attacked by malicious hackers, they must immediately shut down the computer after saving all the files and disconnect the computer from the network. For the purpose of evidence, it is very necessary to print what they had detected. Every computer user should use screen savers and system lock activities. Every potential user of new multimedia technology should get the necessary training about hacking prevention and control and maintaining the security system. Another duty is to log on to the firewall and internet connection point to prevent hacking attack. There should be clear and uniform laws about the responsibility, liability and accountability of internet service providers and cyber cafes. They should be restricted from using the user numbers of their customers as it is very much available to them.
The proposed Information Technology (Amendment) Bill 2006 reduces the liabilities of intermediaries, it should be implemented. It was aimed at reducing the penalties for cyber crimes, reducing the liability of intermediaries, changing some of the definitions of cyber crimes, like section 66 earlier defined hacking and now it is a computer related crime, giving upper hand to the executive over the judiciary, reducing the power of police to arrest. Therefore, these particular amended provisions will lead to an increase in cyber crimes and will not be so effective in the prevention and control of cyber crimes in India. Though the government and law enforcement organizations are keeping an eye on combating hacking, it is again true that hacking in India is increasing day by day. This is because of some loopholes in the Information Technology law and the high illiteracy among people about the subject. Certainly, lack of awareness is a major contributing factor to hacking. Our judiciary also needs some training and infrastructure development in this area. To achieve the objectives of cyber law, Indian judiciary can use ethical hackers to detect the loopholes of technology, help in investigation of cyber crimes and thus help in prevention and control of cyber crimes. The laws should be definite on some points like, we need to adopt specific and clear definition of cyber crime, hackers, wrongful gain and loss etc. The words like destroy, alter, delete, hacker need to be defined in the Information Technology Act 2000.
When hackers store information on another computer or a webpage, for example, on your e-mail address with a false identity, then in such a situation the law is not clear and needs to be clarified and settled. Hackers culture, hacking methods are almost synonymous across the world, whether it is Russia, US, UK, Canada, Australia, India or anywhere in the world. Again, jurisdiction in cyberspace is a multi-faceted issue. Therefore, we need to adopt a uniform law on the issue of jurisdiction; It should not be that only one link is sufficient to try the case, as there may be links with many countries. In such a situation who will try it? Again, the accused cannot be punished twice for the same crime. Not only this, we need to adopt a uniform preventive and control mechanism. There is a great need for uniform laws and international cooperation to prevent and control cyber hacking across the world.
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