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In an interview with Advocate AM Ikter Uddin (Anik), a highly respected lawyer based in Bangalore and partner at the law firm Prime Legal www.primelegal.in. Our aim is to understand his vast experience in the field of law, especially in handling over 30,000 cybercrime cases globally. Recognised and rewarded by various state police departments for his contribution in nabbing cyber criminals, Advocate Anik is also an integral part of a close working group set up under the Ministry of Home Affairs to tackle cybercrime. We seek his insights on the challenges posed by cybercrime and effective strategies to address them.
What is cyber crime?
A crime committed using computers, networks or digital devices. It usually involves the intent to cause harm to someone
What are cyber threats and crimes?
The offences include:-
A. Cyber fraud Deceptive practices online to gain access to sensitive information or financial resources.
B. Identity Theft: Stealing personal information, such as social account details or credit card details, in order to impersonate another person or commit fraud.
C. Phishing: Sending fraudulent emails or messages that appear to come from trusted sources, such as banks, in order to trick individuals into revealing information.
D. Malware, Ransomware and Cyber Espionage Attacks:- Stealing data, or gaining unauthorized access to systems to obtain sensitive information.
e. Cyber bullying: Harassing, threatening, or intimidating individuals through digital platforms, often using social media or WhatsApp.
F. Cyberstalking: Using the Internet to harass or stalk someone.
G. Intellectual Property Theft: Theft of creative works, inventions, or proprietary information.
H. Man-in-the-Middle
In your experience, what motivates cybercriminals?
Most often we find that this is due to financial gain, personal grievances, or a desire for recognition and power.
How do cyber crimes happen?
As we have discussed above, they are mainly trust exploits, where attackers violate the trust of the victim through these methods.
We have come across cases where individuals record private moments of victims during video calls and later blackmail them for money. Other methods include sharing OTP, screen capture, clicking on malicious links, and many more.
Important Acts and Sections:
- Information Technology Act, 2000: India’s primary law dealing with cybercrime and electronic commerce.
- The Indian Penal Code, 1860 is to be replaced by the Indian Justice (Second) Code (BNS 2).
To avoid the complexities of the new law, we are not mentioning any section
What should a victim of cybercrime do immediately?
- Secure your accounts immediately by changing passwords, documenting the incident, and preserving all evidence.
- Report the incident to the authorities by filing a complaint on the National Cyber Crime Reporting Portal. Include all relevant details, such as bank account information, transaction IDs, and a detailed description of the case. If the fraud involves a financial transaction, inform the bank’s cyber crime team.
- Write a detailed complaint with evidence. Go to the police or cyber crime station and lodge a complaint there too.
- If necessary, seek advice from a lawyer or advocate experienced in handling cybercrime cases.
- It is important for the victim to maintain regular contact with the investigating officer to remain informed about the progress of the investigation, recovery efforts, and other relevant updates.
How do police/law enforcement agencies keep track of cyber criminals?
In financial and other fraud cases, police/law enforcement officials send emails to nodal officers of banks requesting them to share details of account holders, freeze debits of accounts (for various levels) and other relevant information. They are also actively engaged in digital forensics, analysing digital evidence from devices, tracking IP addresses to identify the source of cyber activities and adopt various other investigation methods.
Can you explain the meaning of layered transactions?
In almost all financial cybercrimes I have seen, once the criminals successfully transfer the money, they move it rapidly across multiple accounts, a process known as peer-to-peer (P2P) transactions. The initial transaction is labeled as Layer 1, with subsequent transactions named accordingly in order.
How can we protect ourselves from cyber threats?
a. Create a strong password: Combine letters, numbers and symbols for better security.
b. Enable two-factor authentication: This adds an extra layer of security to your accounts.
C. Keep software up to date: Remove vulnerabilities with regular updates.
d. Avoid suspicious links and emails: Avoid phishing attacks. Never share OTP without verification.
E. Use antivirus software: Protect against malware and other threats.
F. Establish security policies: Clear guidelines for data security and privacy.
G. Conduct regular security audits: Identify vulnerabilities and fix them proactively
h. Provide cybersecurity training: Educate employees on best practices.
i. Back up data regularly: Ensure continuity of business operations.
How can a victim of cyber crime fraud get money released from the court?
After you receive confirmation from the officer handling your case that the funds have been blocked, follow these steps to proceed with your request:
a. Consult a lawyer: Share the details of your case with a lawyer.
b. Signature of the Vakalatnama: Your lawyer will obtain your signature on the Vakalatnama.
C. File a release application: The lawyer will file a release application in the relevant court.
D. Court Procedure: The Court will schedule a hearing to review the public prosecutor’s report, known as the CD (Case Details) report.
E. Police Report: The police will provide the necessary information to the public prosecutor, who will then submit the report to the court.
F. Arguments and Orders: Your lawyer will present arguments to the court to obtain an order for the release of the funds.
G. Conditions: The court may order the release of funds with certain conditions.
What is your advice to the general public and the government on issues related to cybercrime?
I urge the Government to raise public awareness and enact legislation for strong KYC (Know Your Customer) information sharing by network service providers and bank account holders.
Every citizen should prioritize their safety by being cautious, keeping an eye on financial activities, and immediately reporting any suspected cyber crime to the police or consulting a lawyer.
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