Skip to main content

.Legality of Ethical Hacking

 Legality of Ethical Hacking

Generally hacking has always been associated with negative connotations but actually ethical hackers are those computer programmers who use their skills in a constructive manner to help the government authorities or organizations to protect and prevent any damage to the network security. In fact ethical hackers are the one who keep the cyber criminals (also known as crackers) at bay. In today’s world when technology is growing at a rocket’s speed and with it the cyber-crimes as well.  In order to keep check on the cyber-crimes the role of ethical hackers has acquired a profound importance.

There are three categories in which hackers can be divided:

  • White hats: they are the security professionals who uses their skills to strengthen the network and secure it from bad guys. Generally called as ethical hackers.

  • Black hats: they are the malicious hackers or crackers who use their skills for malicious purposes. They are the one from whom the white hackers provide protection.

  • Grey hats: they become white hats or black hats according to the situations. They are generally self-proclaimed ethical hacker.

Why is it legal?

To resolve this issue of network security government and business houses started following the approach where they test their security by have computer security personal to break into their computer system. Here these professions intrude into the system just in a way a cracker would do but don’t damage the system or steal any information instead they report back about the loopholes and vulnerabilities of the existing system. So ethical hacking is legal as it is performed with the permission of the owner to discover vulnerabilities of the system and suggest ways to improve it. It is part of an information risk management program that allows security improvement. There many certified courses also taught by various institution on ethical hacking.

As computers has become a new tool to conduct business as well as crime, so the two worlds of information technology and legal system have had to approach each other independently and need to meet at a point called cyber law. The Information and Technology Act, 2000 (IT Act) covers all types of cyber-crime committed in the country including hacking which is provided under section 43 and 66. But in 2008 the word” hacker” was removed as ethical hacking is considered legal. Now every government body, private information security organizations, law enforcement professionals are constantly updating law and technologies to counter each new and emerging form of contract. Section 43A of the IT Act deals with the civil liability of cyber offenders. The section deals with the compensation that should be made for failure of protection of the date. Penal liability of cracking arises when the intention or the liability of the cracker to harm the system or steal any important information gets established. If the cracker only trespasses the system without any intention to harm, it only remains a form of civil liability under section 43A. The criminal trespass can also result in other penal activities punishable under Indian Penal Code like cyber theft that can be punishable under section 378 of Indian Penal Code.

Ethical hacking is legal and there is no controversy around it but it is very difficult to teach ethical hacking as a course because nobody can be so sure about the students intention with which they are studying the course and their purpose only will differentiate them from the cyber criminals.

Conclusion

Technological advancement is essential for human development but it should be a regulated one otherwise in no time will become a curse. Ethical hacking is a relative issue and staying inside the lines will depend upon the individual’s interpretation thus regulation of it becomes highly complex.  There needs to be more awareness in the country regarding hacking and cracking. The laws made by the government are stringent but lack a bit of enforceability and awareness in the society. Most of the minor cases of hacking go unnoticed because people abstain from filing cases for petty crimes even when there is harsh punishment for it. Also, it is very difficult to track a virtual hacker due to lack equipment. Since hacking can happen anywhere in the world, it gets tough for the police to trace him and punish him in another country. The punishment can also be a bit harsher to prevent people from indulging in such acts.



Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree