Cyber Crime
: An emerging Challenge to Indian Banking Industry
Increased
use of e-products :- On the recommendation of the
Committee on Financial System (Narasimham Committee) 1991-1998 when
founding stones of information and technology were laid in Indian banking
sector nobody knew that later on this will be proved a turning stone & not
a mile stone and will changed completely the face of banking industry . In
changing scenario system of receipt/payment has changed remarkably – swiping of
debit cards or credit cards, payments through wallets (using QR codes) and e
payments through net & mobiles have become our habits.
As of now India is the fourth largest internet user country in the
world. The reach of internet banking has also increased due to the increased internet
usage.
Data for e banking services in India are as follows :-
Volume of e-banking
(Numbers)
|
Particulars of E Service |
31.03.2013 |
31.03.2014 |
31.03.2015 |
31.03.2016 |
31.03.2017 |
31.03.2018 |
|
Automated Teller Machines |
116378 |
162543 |
182480 |
199954 |
207813 |
207920 |
|
Debit Cards |
336866879 |
399652017 |
564707913 |
671187187 |
780795417 |
903656781 |
|
Credit Cards |
19553677 |
19226475 |
21288891 |
24860730 |
30374102 |
37782876 |
|
NEFT (Millions) |
394.13 |
661.01 |
927.55 |
1252.88 |
1622.1 |
1946.36 |
|
RTGS (Millions) |
68.52 |
81.11 |
92.78 |
98.34 |
107.86 |
124.46 |
|
Mobile Banking (Millions) |
53.30 |
94.71 |
171.92 |
389.49 |
976.85 |
1872.26 |
The
Reserve Bank of India constituted a working group on Internet Banking. The
group divided the internet banking products in India into 3 types based on the
levels.
Ø. Information Only
System: General purpose
information like interest rates, branch location, bank products and their
features, loan and deposit calculations are provided in the banks website.
There exist facilities for downloading various types of application forms. The
communication is
normally done through e-mail. There is no interaction between the customer and
bank's application system. No identification of the customer is done. In this
system, there is no possibility of any unauthorized person getting into
production systems of the bank through internet.
Ø Electronic
Information Transfer System:
The system provides customer- specific information in the form of account
balances, transaction details, and statement of accounts. The information is
still largely of the 'read only' format. Identification and authentication of
the customer is through password. The information is fetched from the bank's
application system either in batch mode or off-line. The application systems
cannot directly access through the internet.
Ø Fully
Electronic Transactional System:
This system allows bi-directional capabilities. Transactions can be submitted
by the customer for online update. This system requires high degree of security
and control. In this environment, web server and application systems are linked
over secure infrastructure. It comprises technology covering computerization,
networking and security, inter-bank payment gateway and legal
infrastructure.
Risk Assumption due to increased e transactions :-On one hand, technology has created advantage
for banks and financial institutions but on the other hand, there have been
risks involved in it as well. Apparently banks assume operational risks due to Technology
advancements but implicitly it can also exacerbate other risks like credit
risks and market risks. Given the increasing reliance of customers on
electronic delivery channels to conduct transactions, any security related
issues have the potential to undermine public confidence in the use of
e-banking channels and lead to reputation risks to the banks. Inadequate
technology implementation can also induce strategic risk in terms of strategic
decision making based on inaccurate data/information. As a whole we have assumed risk in almost all the areas of banking due
to increased use of technology.
Cyber wrongdoings (crimes) and
their types:- Broadly
speaking following type of wrong doings (crimes) are associated with cyber
world
DDoS Attacks These are used
to make an online service unavailable and take the network down by overwhelming
the site with traffic from a variety of sources. Large networks of infected
devices known as Botnets are created by depositing malware on users’ computers.
The hacker then hacks into the system once the network is down. Botnets Botnets
are networks from compromised computers that are controlled externally by
remote hackers. The remote hackers then send spam or attack other computers
through these botnets. Botnets can also be used to act as malware and perform
malicious tasks. Identity Theft This cybercrime occurs when a criminal
gains access to a user’s personal information to steal funds, access
confidential information, or participate in tax or health insurance fraud. They
can also open a phone/internet account in your name, use your name to plan a
criminal activity and claim government benefits in your name. They may do this
by finding out user’s passwords through hacking, retrieving personal
information from social media, or sending phishing emails. Cyberstalking This
kind of cybercrime involves online harassment where the user is subjected to a
plethora of online messages and emails. Typically cyberstalkers use social
media, websites and search engines to intimidate a user and instill fear.
Usually, the cyberstalker knows their victim and makes the person feel afraid
or concerned for their safety. Social Engineering Social engineering
involves criminals making direct contact with you usually by phone or email. They
want to gain your confidence and usually pose as a customer service agent so
you’ll give the necessary information needed. This is typically a password, the
company you work for, or bank information. Cybercriminals will find out what
they can about you on the internet and then attempt to add you as a friend on
social accounts. Once they gain access to an account, they can sell your
information or secure accounts in your name. PUPs PUPS or Potentially
Unwanted Programs are less threatening than other cybercrimes, but are a type
of malware. They uninstall necessary software in your system including search
engines and pre-downloaded apps. They can include spyware or adware, so it’s a
good idea to install an antivirus
software to avoid the malicious
download. Phishing This type of attack involves hackers sending
malicious email attachments or URLs to users to gain access to their accounts
or computer. Cybercriminals are becoming more established and many of these
emails are not flagged as spam. Users are tricked into emails claiming they
need to change their password or update their billing information, giving
criminals access. Prohibited/Illegal Content This cybercrime involves
criminals sharing and distributing inappropriate content that can be considered
highly distressing and offensive. Offensive content can include, but is not
limited to, sexual activity between adults, videos with intense violent and
videos of criminal activity. Illegal content includes materials advocating
terrorism-related acts and child exploitation material. This type of content
exists both on the everyday internet and on the dark web, an anonymous network.
Online Scams These are usually in the form of ads or spam emails that
include promises of rewards or offers of unrealistic amounts of money. Online
scams include enticing offers that are “too good to be true” and when clicked
on can cause malware to interfere and compromise information. Exploit Kits
They are readymade tools criminals can buy online and use against anyone with a
computer. The exploit kits are upgraded regularly similar to normal software
and are available on dark web hacking forums. ATM Cloning and Skimming : Cloning is also called skimming
and requires copying information at a credit card terminal using an electronic device or software, then
transferring the information from the stolen card to a new card or
to rewrite an existing card with
the information. Dark Web The
dark web refers to encrypted online content that is not indexed by conventional
search engines. Sometimes, the dark web is also called the dark net.
The dark web is a part of the deep web,
which just refers to websites that do not appear on search engines. It is a
platform of illegal business on net, here information is traded – stolen card
numbers, web based managing account, medical records and access to servers.
Indian Legal system and punish ability of Cyber Crimes :- Cyber Crime is not
defined officially in IT Act or in any other legislation. Hence, the concept of
cyber crime is just a “combination of crime and computer”. Following provisions
of information Technology act are relevant to us as banker. It has been tried
to make them understandable through case laws :-
|
Section |
Offence |
Applicability
in some |
Penalty |
|
43 |
Penalty and Compensation for damage to
computer, computer system, |
Mphasis BPO Fraud:
2005In
December 2004, four call centre employees, working at an outsourcing facility
operated by MphasiS in India, obtained PIN codes from four customers of
MphasiS’ client, Citi Group. These employees were not authorized to obtain
the PINs. In association with others, the call centre employees opened new
accounts at Indian banks using false identities. Within two months, they used
the PINs and account information gleaned during their employment at MphasiS
to transfer money from the bank accounts of CitiGroup customers to the new
accounts at Indian banks. Introducing Viruses,
Worms, Backdoors, Rootkits, Trojans, BugsAll of the above are some sort of
malicious programs which are used to destroy or gain access to some
electronic information.Provisions Applicable:- Sections 43, 66, 66A of IT
Act and Section 426 of Indian Penal Code. |
Will be liable to pay damages to
the affected person and also penalty up to Rs. 500000 and imprisonment up to
3 years |
|
65 |
Tampering with computer source documents |
Syed Asifuddin and Ors. Vs. The State of Andhra PradeshIn
this case, Tata Indicom employees were arrested for manipulation of the
electronic 32- bit number (ESN) programmed into cell phones theft were
exclusively franchised to Reliance Infocomm. |
Imprisonment up to three years,
or/and with fine up to₹200,000 |
|
66 |
Hacking with computer system |
Kumar v/s Whiteley In this case the
accused gained unauthorized access to the Joint Academic Network (JANET) and
deleted, added files and changed the passwords to deny access to the
authorized users.Investigations had revealed that Kumar was logging on to the
BSNL broadband Internet connection as if he was the authorized genuine user
and ‘made alteration in the computer database pertaining to broadband
Internet user accounts’ of the subscribers.The CBI had registered a cyber
crime case against Kumar and carried out investigations on the basis of a
complaint by the Press Information Bureau, Chennai, which detected the
unauthorised use of broadband Internet. The complaint also stated that the
subscribers had incurred a loss of Rs 38,248 due to Kumar’s wrongful act. He
used to ‘hack’ sites from Bangalore, Chennai and other cities too, they said. |
Imprisonment up to three years, or/and
with fine up to₹500,000 |
|
66B |
Receiving stolen computer or
communication device |
A person receives or retains a
computer resource or communication device which is known to be stolen or the
person has reason to believe is stolen. New
mobile phones are covered under the definition of computer |
Imprisonment up to three years,
or/and with fine up to₹100,000 |
|
66C |
A person fraudulently uses the
password, digital signature or other unique identification of another person. |
Imprisonment up to three years,
or/and with fine up to₹100,000 |
|
|
66D |
If a person cheats someone using a
computer resource or communication.Online Share Trading Fraud |
Imprisonment up to three years,
or/and with fine up to₹100,000 |
National
Level Institutions dealing Cyber Crimes in India
A. National Investigation Act 2008 (NIA) : An Act to constitute an investigation agency at the national level
to investigate and prosecute offences affecting the sovereignty, security and
integrity of India, security of State, friendly relations with foreign States
and offences under Acts enacted to implement international treaties,
agreements, conventions and resolutions of the United Nations, its agencies and
other international organisations and for matters connected therewith or
incidental thereto.
This
Institution is also related with Interstate and International offences. Related
to terrorism and other offences. In 93 cases charge sheet was filed and out of
that 13 were decided.
B. National Technical Research Organization (NTRO): The organization was founded in 2004. The main thrust is
Development of Technology and Technological Development. This covers areas like
aviation, remote sencing, cryptography and cyber security. The
NTRO acts as the primary advisor on
security issues to the Prime Minister and the Union Council of Ministers of
India. It also provides technical intelligence to other Indian agencies.
NTRO's activities include satellite and terrestrial monitoring.
C. National Critical Information Infrastructure Protection Centre : It is an organisation of the Government of India created under
the Section 70A of the Information Technology Act, 2000 (amended 2008), through a gazette notification on 16 January
2014. Based in New Delhi, India, it is designated as the National
Nodal Agency in terms of Critical Information Infrastructure Protection. It is
a unit of the National Technical Research
Organisation (NTRO) and therefore
comes under the Prime Minister's Office (PMO). NCIIP has identified i. Power &
Energy, iiBanking, Financial Services & Insurance, iii. Telecom, iv
Transport, v. Government and vi. Strategic & Public Enterprises as critical
sectors. Aim of the organization is to protect critical information
infrastructure in the country. It is decided by the policy that all government
websites are to be hosted on infrastructure of National Informatics Center.
National Cyber Security policy was formed on 02.07.2013.
D. Indian Cyber Crime Coordination Centre (I4C) : Home Ministry prepared a road map for tackling cyber crime.
Press notification of December 2015 announced creation of I4C to fight against
cyber crime. Creation was accepted in principle in May 2013 itself and
finalized in September 2014 but nothing remarkable happened till recently in
this respect.
E. National Association of Software and Services Companies (NASSCOM) : This is a not for profit trade association of Information
Technology and BPO companies which was established in 1988. As today there are
1850 companies are registered. This association represent vital Information
Technology and allied industries like BPO and KPO. NASSCOM
is dedicated to expanding India's role
in the global IT order by creating a conducive business environment,
simplifying policies and procedures, promoting intellectual capital and
strengthening the talent pool. Objective
of this organization is setting strategic direction, Policy Advocacy and
collaboration of best practices.
F. Data Security Council of India : is a
premier industry body on data protection in India, setup by NASSCOM, committed to making cyberspace safe, secure and trusted
by establishing best practices, standards and initiatives in cyber security and
privacy. DSCI brings together national governments, their agencies,
industry sectors including IT-BPM, BFSI, Telecom, industry associations, data
protection authorities and think tanks for public advocacy, thought leadership,
capacity building and outreach initiatives. Tagline is “Promoting Data Protection”.
This organization coordinate with government and industry. Organization was
founded in August 2008. Initiatives of this organization includes Data
Security, Data Privacy and Cyber Crime Awareness. In April 2015 it launched
“Cyber Crime Material Level 2” – This enables police personnel to investigate
online offence.
G. Indian Computing Emergancy Response Team (CERT In) : This institution comes with in Department of
Electronics and Information Technology (DeITY) and founded in 2004. It has been
declared as nodal agency in India under section 70B of the Information
Technology Act 2000. It has legal authority to issue direction for blocking
public access to information. It is Authorized to monitor and collect traffic
data or information. Main Functions of organization are – a. Collection,
Analysis and Dissemination of Information on cyber incidents, b. Forecast and
alert of cyber security incidents, c. Emergency measures for cyber security, d.
Coordination of cyber incidents, e. Issue Guidelines on Information security
and f. Other prescribed functions. After IT amendment Act which made effective
in 2009 Section 69 was challenged as an enactment against freedom of
expression. Information Bureau notification dated 25.04.2011 clarified that
“Occurrence of public emergency and interest of public safety is sin qua non
for the application of the section.
H. Central Bureau of Investigation (CBI)
: This
organization function under Department of Personnel, Ministry of Personnel,
Pension and Public services under Government of India. It has been entrusted
with the task of “Preservation of values in public life and ensure health of
economy”. This organization is a nodal police agency of Interpol. CBI succeeded
Delhi Special Police Establishment (DSPE) with enlarged functions, vide
resolution of ministry of Home affairs, GOI April, 1963. It has specialized
structure to with cyber crime : a. Cyber crime research and development unit,
b. Cyber crime Lab, c. Cyber crime Investigation cell and d. Network Monitoring
Centre.
I. Investigation Bureau (IB): This is the oldest investigation
agency which was founded in the end of 19th century. It comes under
the ministry of Home Affairs, it was earlier used by British for gathering
intelligence about external invasions and confidential information. Top posts
under this organization are held by officers of Police, Revenue services and
Army.
J. Research and Analysis Wing (RAW): It is a Foreign Intelligence Agency of
India, it is not under any department but a separate outfit – work as a wing of
cabinate secretariat. It was started in early 1960s after Chinese aggression in
India.
K. Directorate of Enforcement : This is Financial Investigation Agency
under Department of Revenue, ministry of Finance. This organization has been
given specific task of implementation of Foreign Exchange Management Act (FEMA)
1999 and Prevention of Money Laundering Act (PMLA)
Data Security : Some Issues :
Data has certain
value due to which it needs to be protected. This value is there due to - a.
Confidentiality Value : Some Data/Information are so confidential that their
leakage may cause threat even to the sovereignty of a nation, b. Financial
Value : Some Data/Information may have monitory value like CVV number, ATM card
PIN, Credit Card number and details as to Date of Birth etc., c. Copy Right
Value : Some Data/Information may be so valuable that their copy may also have
worth e.g. Music CD, Movie DVD etc.
Security Should be at right time
and place : At
the point of Storage of data sufficient
security has to place – sufficiency of security measures depends on volume and
nature of data stored & Vulnerability associated with data. Security should
also be deployed in Transit of
Data/Information – Such security is very important because data is most
vulnerable in transit. Most frauds related with cyber world are committed when
data remained in transit. Security at the time
of retrieval is also very important – since data may be accessed by some
one who may not supposed to do the same.
Pillars of Cyber Security :- Some Cyber
experts concludes that Cyber security has 4 pillars (First Four enumerated
below), while some others are of the opinion that there are more than 4 pillars
of data security. Some other cyber professional discuss only first 3 which are
called CIA in short.
1. Confidentiality :--Quality of confidentiality has to be
maintained. Security system which address confidentiality of data is a good
security system. If a security system cannot maintain confidentiality of
information it is futile.
2. Integrity : Integrity of data means data should
remain in same form and should not be allowed to be tempered and manipulation.
This concept should be respected the
most when data is in transit.
3. Availability : This concept says that data should be
made available at all times as envisaged from system. Non availability of data
at the time of need of it makes entire system vulnerable. DOS – Denial of
System and DDOS – Distributed Denial of System are among most common bugs in
our computer systems.
4. Non Repudiation: this pillar says that all stake
holders of data should be made responsible and should not be permitted to deny
their responsibility. A. Creator owns the responsibility of data entry, B.
Sender owns the responsibility of sending data, C. Receiver owns the responsibility
of receiving data and finally D. Network provider owns the responsibility of
carrying data. No one of them should be allowed to step back and every one of
them should be made responsible for their job.
5. Authorization : Process of confirming whether the
user has authority to access and issue commands which he is accessing and
issuing.
6. Authentication : This is a process which confirms that
he is the actual person or entity who has accessed the system. One factor Authentication this
authentication is exercised through possession of device or card. e.g. Id cards
or debit cards etc. Two Factor Authentication: In addition of card or device if
a person is required to enter PIN or password then it will be called two factor
authentication.
7. Reliability : Dependability is a subset of
integrity. If one can rely upon in times of crisis or disaster data will be
called reliable.
Simple Mail Transfer Protocol (SMTP) : Emails are not authentic communication unless specific technology are deployed. A. Digital signature : Authentic electronic communication results because of digital signatures. These are digital code called a hash value generated and authenticated by a process (Public key encryption). B. Electronic Signature : Authenticates that person claiming to send has actually sent it and person receiving authenticates and confirm receiving it by user id and password. It is as security measure on both the ends.
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