Cyber safety for WomenCyber safety for Women Lina Acca Mathew, Assistant Professor, Government Law College, ErnakulamLina Acca Mathew, Assistant Professor, Government Law College, Ernakulam

Cyberspace  Without borders  Anonymous  Easily Accessible  Dynamic Information and Communication Technologies William Gibson– Neuromancer(1984) John Perry Barlow, ‘present day nexus of computer and telecom networks’ (1990)

Cognizable, non cognizable, bailable and non-bailable offences Cognizable offences Cyber terrorism-non bailable Transmission of sexually explicit acts-non-bailable Child pornography-non-bailable Failure to assist in intercepting, monitoring or decryption Failure of intermediary to block access of information Access to protected system-non bailable Bailable offences Hacking, stalking, cheating, identity theft, violation of privacy

The NCRB (2012) figures also gave an interesting insight into the changing mind-set of Kerala State: in 96 cases registered under cyber crimes, the motive was harassment of women 48 cases were for committing fraud or illegal gain 44 cases were for money 19 for causing disrepute to others. out of 312 persons arrested as suspects in cases for cyber crimes, 73 were neighbours, friends or relatives.

NCRB (2012 statistics) for Kerala State regarding arrests for cyber crimes: 15 persons below age of persons aged years 44 persons aged years 11 persons years  Out of the cases registered under IT Act in the Kerala State, 147 were for publishing or electronic transmission of obscene material, which is the highest among other States. Maharashtra came second with 76 cases.

Reasons for growth of cyber crimes against women The transcendental nature of the internet- no boundaries, ever changing Low equipment cost Numerous vulnerable targets- Loneliness is a prime cause as many female students and staff live away from family and work for long hours over the computers. Thereby computers become their trusted pal. Easy concealment due to anonymity Most of the cyber crimes remain unreported due to the hesitation and shyness of the victim and her fear of defamation of family’s name.

How does cyber victimization affect the concept of violence against women?

Risks faced by women over the internet  Violation of body privacy  Online harassment  Cyber stalking  Exposure to online fraudsters  Portraying women in a most indecent manner  Workplace harassment with digital aid

Online/Mobile harassment/Cyber bullying and Cyber stalking Harassment through electronic means by sending grossly offensive or menacing information, and persistently causing annoyance, injury, insult etc is punishable with imprisonment for a term which may extend to three years and with fine- Section 66A, Information Technology Act

Sending offensive messages through a computer resource or communications device (Section 66A, ITA)- cognizable, bailable any information that is grossly offensive or has menacing character or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device, or any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages Punishment: imprisonment for a term which may extend to three years and with fine.

Section 354A IPC - ‘Sexual harassment’ A man committing any of the following acts- physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment. The first three offences of sexual harassment carry punishment of rigorous imprisonment for a term which may extend to three years, or with fine, or with both. The last offence of sexual harassment carries punishment of imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 354D IPC- ‘Stalking’ Any man who- follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, or any other form of electronic communication, commits the offence of stalking: Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and shall also be liable to fine;

Violation of Body Privacy- s. 66E cognizable, bailable Capturing the image of a private body part of a person is punishable with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or both- Section 66E, Information Technology Act

Section 354C IPC -‘Voyeurism’. Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and shall be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear, or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public. Where the victim consents to the capture of the images or any act but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Section 67: Punishment for publishing or transmitting obscene material in electronic form – cognizable, bailable Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees

Section 67A: material containing sexually explicit act, etc. in electronic form cognizable, non-bailable Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees.

INDIA –Section 67B Information Technology Act 2000 cognizable, non-bailable ‘Whoever,- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or ( b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or (d) facilitates abusing children online; or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,

Information Technology Act-Section 67B Punishment  1 st conviction– 5 years+ Rs. 10 lakh fine  2 nd conviction- 7 years +Rs.10 lakh fine This Section covers --  using children for child pornography  Perpetrator of abuse may be adult or child  predating on children for online grooming, both by adult and child offenders

Do’s and Don'ts Don’t ever put too much personal details on Facebook, Google+, LinkedIn, or other social networking as it might get misused. Always make two kinds of online presence: a professional presence for your colleagues and clients and a private presence meant for socializing. The presence should be with some online identity that consists of a dummy profile photo and details. Do not reveal mother’s name or your personal tastes, distastes, hobbies, which can be used to profile you and segregate you for targeted cyber crimes. Don’t post your personal memoirs like snaps, where you are partying, or where you are on vacation. This helps to further profile you.

Dos and Don’ts Ensure that your private moments or bedroom pictures are not on your computers, which are hooked to the Internet and specifically on computers, where you download torrents. While in hotel or in changing rooms of malls, ensure to check for a two-way mirror. Ensure that your Webcam on computer is plugged out when not in use, and mobile phones with camera are kept in reverse direction

Dos and don’ts All data can be retrieved even if you destroy your mobile phone. Avoid misusing your phone. Install filters in your computer in order to prevent children from inadvertently accessing illegal data on the internet. Do not give classified information to any one online. In order to purchase over the internet it is often safer to use the Cash on Delivery option.

Dos and Don’ts Close the doors by effective password selection Expand friends circle with prior information alone Use multiple ids Be willing to report crime and not encourage hacking

The legal interface Contact the cyber crime cell in your district to report any kind of harassment Website liability Blocking of websites

Why does law fail? Preconceived notions about police and the criminal justice system Attitude of the victim Patriarchal society Fear of revealing past history Privacy issues