Cyber Crimes and Torts

Cyber crimes are the crimes which targets the computer database and systems. They usually use the computer as a tool, target, or both for their unlawful act either to gain information which can result in heavy loss/damage to the owner of that intangible sensitive information. Internet is one of the means by which the offenders can gain such price sensitive information of companies, firms, individuals, banks, intellectual property crimes (such as stealing new product plans, its description, market programmed plans, list of customers etc.), selling illegal articles, pornography etc. this is done through many methods such as phishing, spoofing, pharming, internet phishing, wire transfer etc. and use it to their own advantage without the consent of the individual.

Different Types of Cyber Tort:

Cyber Stalking- Cyber stalking occurs when a person is followed and persuaded online. In other words, their privacy is invaded. It is a form of harassment, and can disrupt the life of the victim leaving them feeling afraid and threatened.

Cyber Breach of Privacy- With the advent of multi channel televisions all over the world, and fast spreading internet network, the privacy of an ordinary man is increasingly under threat. Breach of privacy is a kind of cyber tort which affects a common man.

Cyber Obscenity- Cyber space offers a very wide range of pornography, and makes children and women vulnerable of trafficking. This also includes child pornography and sexting and internet rape.

Cyber Defamation- Due to expansiveness of the internet for a, defamation is quite possible. Cyber defamation is statements that are unflattering, annoying, irksome, embarrassing or hurt one's feelings are not actionable.

Establishment of Tortious liability in Cyber Crimes:

Cyber crime is a kind of crime in which generally offenders of crimes are generally hidden. Tracking cyber criminals requires a proper law enforcing agency through cyber border co-operation of governments, businesses and institutions of other countries. Basic liability in cyber crime is established through the principle of neighbourhood established from the case of donoghue v. stevenson. The major liability in cyber tort is through Information Technology Act, 2000 (as amended)