INTRODUCTION

Hacking is one of the most common forms of cybercrime today. People who commit this crime are called hackers. They usually exploit loopholes in  technology and break into someone's computer or laptop to get their personal information. People may commit this crime for financial gain, extortion of victims or simply for excitement or other purposes such as defamation, damage to business and reputation, etc.

Different forms of hacking include online scams, Trojan attacks, virus attacks, etc. In phishing, a person tries to take  control  of another person's website for ransom or some other purpose. On the other hand, a trojan, which is an unauthorized program, can be used to hack someone's system and  control  it. These hackers can attack business websites and affect their entire business. They also pose a serious threat to the security and integrity of the country if any government website or computer system is hacked.

Global perspective on hacking

Every country in the world has some confidential information related to its defence, security, citizens, foreign relations, etc. With so many secrets on a large scale, it becomes the duty of every state to protect its data and that of its citizens from any breach or cyber offence. To deal with this situation, every country has devised its own methods. In the United Kingdom, the Central Government formed the National Cyber Security Centre in order to improve the condition of cybercrime in the country. This centre will be headed by professionals and experts who will devise methods to deal with cyber crimes.

The United States of America, on the other hand, has passed the Cybersecurity Act of 2015 with an aim to strengthen defence mechanisms against cyber crimes and criminals. India has also tried to devise ways to deal with this situation and curb cyber crimes. The Central Government in India realised that the Indian Penal Code, 1860 is not efficient enough to deal with offences happening in the virtual space medium, and so the Information Technology Act, 2000 was passed, which specifically deals with offences that are committed through computers or other electronic devices over the internet.

Cyber security laws in the United States

Federal hacking laws

Hacking as a crime is also punishable in the United States of America. The Congress has enacted several federal laws to prevent cybercrime. These are:

·   The Computer Fraud and Abuse Act of 1986.

·   The Stored Communications Act of 1986.

·   The Electronic Communications and Privacy Act of 1986.

·   Computer Fraud and Abuse Act

Also known as the Anti-Hacking Act, this law was passed in 1986 and was designed to prevent unauthorized access to someone’s computer system. It initially protected government agencies and their computer systems, but later expanded its scope  to include computer systems, laptops, etc. of all individuals living in the country. The Act also provides for civil remedies such as:-

·   Forbid,

·   Confiscation of property,

·   Confiscation of stolen data and equipment used for hacking and other similar crimes.

Offences punishable under the Act

The Act also recognises certain civil violations. These are:

·   Unauthorised access of the computer and obtaining information stored therein.

·   Trafficking a password of a computer by which it can be accessed easily.

·   Transmission of spam.

·   Damaging the data stored in the computer system.

Punishment for hacking

 The punishment for hacking is provided in section 66 of the IT Act, 2000. That section also lists the essential ingredients of hacking. They are as follows:

  There must be intent to harm the person.

 The damage must have been caused by illegal and unlawful  means.

 Be aware that the information contained in a computer, laptop or mobile phone is important and confidential, the disclosure, destruction or alteration of which  can cause serious damage to the person who owns it. According to the section, hacking is punishable with a maximum imprisonment of three years or a fine of up to five million rupees or both. One of the fastest growing hacking crimes  is identity theft, where a person hacks or captures another person’s personal information  without their permission or consent. The section also refers to the Indian Penal Code (IPC), 1860, as the words “dishonestly” and “fraudulently” used in that section have the same meaning as in sections 24 and  25 of the Indian Penal Code, 1860 respectively. Further, section 66B of the Information Technology Act, 2000 provides for imposing punishment on a person who dishonestly accepts a stolen computer system or other communication device. The punishment is imprisonment of up to three years or a fine of up to one million rubles or both.

Other offences related to hacking punishable under the Act

The following are mentioned under Chapters IX and XI of the Act, along with their punishments:

Ø  Unauthorised access

Any person who accesses or tries to access computers or other devices like laptops, mobiles, etc. of another person without their permission, is liable to be punished. According to Section 43 of the Act, the punishment for such unauthorised access is a fine not exceeding one crore rupees. The term ‘access’ has been defined under Section 2 (1) (a) of the Act.

Ø  Tampering with documents in computer

The act of tampering with documents stored in the computer is punishable under Section 65 of the IT Act, 2000. If any person tries to conceal, destroy, or alter, or causes another to do the same with the computer source and documents stored therein, either knowingly or intentionally, they are liable to be punished under this Section. A person doing so will be punished with imprisonment up to 3 years or a fine not exceeding two lakh rupees or both.

Methods to avoid hacking

In order to avoid an attack or hacking of your computer system or other communication devices, one must use the following measures:

·   Use strong passwords and make sure you change regularly.

·   Avoid sharing passwords with anyone.

·   Keep the computer software updated.

·   Use antivirus software or internet protection.

·   Avoid downloading unnecessary files from unknown websites and sources.

·   While working over wifi, it must be encrypted with passwords.

·   Use two step authentication or verification process. This will make things difficult for the hackers to break into your computers.

·   Ignore mails from a suspicious website and delete them frequently.

·   Take regular backups of data and information stored in the computer.

·   Before selling or discarding the system, all information stored therein must be deleted.

CONCLUSION

Cybercrimes pose a serious threat to Article 21 of the Constitution because they prevent an individual from enjoying their personal freedom and privacy. All cybercrime starts with someone trying to get into your system. This unauthorized access to someone’s computer  is called hacking and is the most dangerous cyber crime. If a person gains access to  your computer, they will use your personal information to extort money or get back at you. Therefore, it was necessary to curb this crime. The Indian Penal Code of 1860 was ineffective in dealing with these crimes and therefore the legislators passed the IT Act of 2000 which specifically deals with cybercrimes. The law provides separate punishment for hacking and other online crimes. It has also become a global problem, with every country falling victim to it or prone to falling victim to it. Countries like USA, UK, European Union member states etc. have developed their own ways and means to regulate cybercrime in their region, but the problem still exists. In most cases, criminals get away with double punishment because there are no uniform international regulations or standards to regulate crimes. Punishing the accused becomes very difficult  if he is arrested, if the crime is committed in another country, if the accused lives in another country.