INVESTIGATION INTO FACEBOOK RELATED CRIME BY CID, CB, Cyber Crime Police Station, Odisha, Cuttack

Abbreviations URL:- http:- https:- IP:- IMEI:- CDR:- SDR:- CAF:- ISP:- MDN:- UTC:-

Facebook Screenshot

Formal Complaint Ashis Kumar Das (25), S/O- Anup Kumar Das of plot No-57/189, Unit-6, PS:- Airfield, Bhubaneswar, Khurda presented a report at Cyber Crime P.S. of CID, C.B, Cuttack alleging to the effect that about creation of a fake face book account in his name having profile name:- Ashis Das and URL:- https://www.facebook.com/profile.php?id=100006557143471&fref=ts. He came to know about opening of the said fake face book account on 11/09/2013, and his wife Shalini Pattnaik has visited the fake face book account and informed him over phone. In the said fake face book account, the accused person has posted his photographs along with his morphed photograph having pornographic content. In that fake face book account, the accused person has also posted false and baseless information in respect of his character.

Formal Complaint The accused person has posted /published a number of photographs containing obscenity, vulgarity, nudity, sexual explicitly act and conduct in that fake face book account with an intention to defame him in the society. Due to the said postings and creation of fake face book account, he is suffering mentally & harassed. He is submitting the screenshots of the fake facebook account & the nude photographs posted in that fake facebook account. He is also informing that, he has no facebook account in the facebook website.

{UNIFORM RESOURCE LOCATOR} URL {UNIFORM RESOURCE LOCATOR}

URL of alleged Facebook account https://www.facebook.com/profile.php?id=100006557143471&fref=ts

Sections of Law IPC:- 292/465/469/506 I.T Act:- 66-A/66-C/67/67-A of Information Technology Act- 2008.

Section of Law Sec. 292 of IPC:- Sale etc., of obscene books etc., Whoever: sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, Sec. 500 of IPC:- Punishment for defamation. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Section of Law Sec. 465 of IPC:- Punishment for Forgery Whoever commits forgery {making false document or false electronic record} shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Sec.469 of IPC:- Forgery for purpose of harming reputation Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section of Law Sec. 66C: Punishment for identity theft Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person. Punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to fine with may extend to rupees one lakh. Sec. 67: Publishing of information, which is obscene in electronic form Whoever publishes or transmits or causes to be published in the electronic form any material which is lascivious or appeals to the prurient interest 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. Punishable 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 and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees

Section of Law Sec. 67 A: Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct. Punishable 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 and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees. Cognizable & Non-bailable

Criminal Law Amendment Act-2013 Section:- 161 of Cr.P.C Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section376D, section 376E or section 509 of The Indian Penal Code is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer

Criminal Law Amendment Act-2013 Section:- 164 of Cr.P.C “(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (I) or sub-section (2) of section 376, section 376 A, section 376B, section 376C, section 376D, section 376E or section 509 of the 45 of 1860. Indian Penal Code, the Judicial Magistrate shall record the statement of the person against whom such offence has been Committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:

From the complainant Screenshot of the fake Facebook account The Investigating Officer has to seize the following articles:- Screenshot of the fake Facebook account Specifically those screenshots containing postings /photographs posted by the accused

From the complainant ID proof document of the complainant and after seizure the ID Proof document left in zima of the complainant Computer system (Desktop or Laptop) in which the postings made in the fake Facebook account were visited by the complainant / Printer (if any) be seized and after seizure the computer system left in zima of the complainant

From the complainant Seizure of Mobile Phone Handset of the complainant along with SIM Card & Memory Card Seizure of Messages sent by the accused to the complainant {printed form or handwritten by the complainant} The seized Mobile Phone Handset along with SIM Card & Memory Card should be sent to CFSL for forensic examination and opinion

From Social Networking Site(hacking) The Investigating Officer has to collect the information given by the accused in respect of the fake Facebook profiles created in Facebook webpage in the name of the complainant:- Profile name URL Profile picture Date of creation of the account

Basic Information Address Work & Education Family Status List of Friends

Correspondence to be made……. Facebook Law Enforcement Response Team, USA :- Summon u/s 91 of Cr.P.C. (Summon to produce documents) submitted to the Facebook Law Enforcement Response Team, USA to furnish the account registration details along with log details in respect of fake Facebook account.

Facebook:- Law Enforcement Response Team, Facebook Security, 1 Hackers way, 1601 Willow Road, Menlo Park California 94025, USA E-mail ID:- records@fb.com , vix@fb.com

Sample letter to Facebook.   NOTICE UNDER SECTION 91 Cr.P.C. From:- Superintendent of Police, Criminal Investigation Department, Crime Branch,Odisha, Buxibazar, Cuttack-753001,INDIA. To:- The Law Enforcement Response Team, Facebook Security, 18th Hackers way, Manlo Park CA 94025, USA. E-mail ID:- records@fb.com Ref: Odisha State, Criminal Investigation Department, Crime Branch, Cyber Crime PS Case No.13 dated 26.09.2013 u/s 465/469/292/500 IPC r/w Sec. 66-A/66-C/67/67-A of the Information Technology (Amendment) Act-2008. Sub: Production of Documents: - The user registration details along with concerned IP address and login details in respect of the fake face book accounts. Sir, In inviting reference to the case on the subject cited above, this is to intimate that, someone has created a fake face book account having user name Ashis Das impersonating the identity of complainant Ashis Kumar Das, with an intention to defame, denigrate and demoralize the image of the Complainant in the society. The accused person has morphed the photograph of complainant having pornographic content and has posted, published several obscene nude photos containing vulgarity and sexual explicit act and conduct in the said fake account .The URL of the fake face book account is:- https://www.facebook.com/profile.php?id=100006557143471&fref=ts.

Sample letter to Facebook. In this context, this is to bring your kind notice that, as per provisions incorporated under the Information Technology (Intermediaries Guidelines) Rules -2011 as per Sec.3 (Clause-7) it is observed that, “When required by lawful order, the intermediary shall provide information or any such assistance to Government Agencies who are lawfully authorized to investigate, Protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.” In the interest of justice and for expeditious investigation of the case, it is being requested to reply on the following point-wise information and produce the required documents to the undersigned by 11.10.2013 positively.

Queries to be made to Facebook Law Enforcement Response team

User Registration:- The user registration details of the fake Facebook account in respect of the aforementioned User Name and URL. Date of Creation:- The date of creation of the Facebook account along with IP details. Browsing Log:- The browsing log details in respect the aforesaid Facebook account from the date of registration to till date. Emails: - Email addresses added to the Facebook account (even those removed by the user). IP Addresses: - A list of IP addresses where the user logged into Facebook account. Phone Numbers: - Mobile phone numbers added to the Facebook account, including verified mobile numbers added for security purposes.

Deleted Messages/ Photos:-If the user deleted the messages or photos posted in the said Facebook account, may be retrieved. Address: - The current address or any past addresses the user had on Facebook account. Alternate Name: - Any alternate names the user has on the Facebook account (ex: a maiden name or a nickname). Linked Accounts:- A list of the accounts the user has linked to Facebook account. Messages:- Messages the user sent and received on Facebook. Chat:- A history of the conversations the user had made on Facebook Chat.

Facebook Information :-IP details. Service Facebook Target 100006557143471 (Generated 2013-11-06 07:51:07 UTC) Date Range 2001-01-01 08:00:00 UTC to 2013-11-05 08:00:00 UTC Name First Ashis Middle Last Das Registered Email Addresses dasashis893@gmail.com Vanity Name Registration Date 2013-09-07 05:10:01 UTC Account Closure Date Account Still Active false Time 2013-10-04 07:20:23 UTC Phone Numbers Credit Cards

Facebook Information :-IP details. Recent Session Activities IP Address 115.240.154.78 Time 2013-10-04 05:30:13 UTC Time 2013-10-04 05:29:16 UTC Time 2013-10-04 05:29:06 UTC IP Address 115.184.181.131 Time 2013-09-29 06:05:24 UTC IP Address 14.142.140.47 Time 2013-09-26 02:59:31 UTC IP Address 101.62.70.169 Time 2013-09-23 14:09:15 UTC IP Address 115.253.34.2 Time 2013-09-22 15:06:49 UTC IP Address 115.243.34.154 Time 2013-09-19 05:12:43 UTC

Facebook Information:-IP details. IP Address 115.253.105.8 Time 2013-09-17 06:43:43 UTC IP Address 115.243.94.57 Time 2013-09-15 11:48:14 UTC IP Address 115.184.185.218 Time 2013-09-14 06:49:30 UTC IP Address 115.250.4.226 Time 2013-09-10 13:29:23 UTC IP Address 115.253.52.29 Time 2013-09-08 13:38:12 UTC IP Address 122.50.134.251 Time 2013-09-07 06:47:45 UTC Time 2013-09-07 06:45:05 UTC IP Address 115.253.120.167 Time 2013-09-07 05:10:03 UTC

From the report of Facebook:- Target:- 100006557143471 Registration Date:- 2013-09-07 05:10:01 UTC , 10:40:01 IST} Vanity:- Emails:- dasashis893@gmail.com Name First :- Ashis Last:- Das Phone Numbers:-

Correspondence to be made…… E-mail Service Provider:- Summon u/s 91 of Cr.P.C. submitted to the Nodal Officer of E-mail Service Provider to furnish the account registration details along with log details in respect of E-mail account

Information in respect of e-mail ID:- Account Registration Details Date & time of creation of the e-mail account IP log at the time of creation of the account Physical address if any of the computer system used by the fraudster Browser information Mobile Phone Number used at the time of registration and updation of the e-mail account {registered mobile phone number} Secondary e-mail account Log details of the e-mail account

Google report

From the E-mail Service Provider Name:- E-mail:- Status:- Services:- Secondary E-mail:- Created on (with date & time):- IP Address:- SMS:- Log details:-

Sample Reports from E-mail Service Provider

Analysis of IP After obtaining the IP from Facebook, analyze the IP through Utrace website (free tool available in Google) to ascertain the ISP of the user. Convert UTC format to IST by adding (+) 05.30 hours Ascertain the identity of ISP from IP such as (BSNL, VODA, Airtel, Aircel, Relance, IDEA etc.) from the IP.

From the report of Facebook Law Enforcement Response Team & Legal Investigation Supports, Google, Inc., it is found that the accused had accessed the internet by using Reliance Communication Ltd. (ISP) to commit crime.

Correspondence to be made…… Internet Service Provider:- User Subscriber Details of the IP address Telephone number in case of DSL/CDMA/3G, and Dial up other relevant information in respect of the User Subscriber address of correspondence contact number e-mail IDs billing details MAC ID of the alleged computer system or IMEI Address of the computer resources with respect of the relevant IP address CAF / NTC in respect of the User Subscriber in respect of the alleged IP address.

Request Letter to ISP

Sample reports from Internet Service Provider (ISP-Relance)

Sample report from ISP (Reliance) . Brief Request Description Customer Name Customer Add. MDN NO 115.240.154.78 11:00:13 4-Oct-13 Police sp1cidcb.orpol@nic.in Odisha Mail Received From LEA.Support On 28-Nov-2013 Regarding Ip Details Mr/Mrs SUSHANTA PATTNAIK Mr/Mrs SUSHANTA PATTNAIK PLOT NO-A/15 NAGESWAR TANGI BBSR BBSR ORISSA Phone Number:9861886263

Correspondence to be made…… Mobile Service Provider:- Subscriber Details Date of Activation (DOA) Customer Acquisition /Application Form (CAF) {in original} CDR for the alleged period Certificate u/s 65-B of the Indian Evidence Act

Investigating Officer will seize From the possession of accused:- Laptop with charging adapter Computer system, its other components (Monitor, CPU, UPS, Keyboard, Mouse) Hard Disk from the seized CPU Modem Pen Drive /USB Drives /CDs/ DVDs Mobile Handsets SIM Cards Memory SD Card Dongles Cables Telephone Bills

Investigating Officer will seize From the possession of accused:- ID Proof documents Documents of the house If any company, then its details If employed, then documents of the office like Identity card etc., Computer (Desktop / Laptop) Mobile Phone Number along with SIM Card / Memory Card USB Drive / Flash Drive / Pen Drive External Hard Disk if any CD / DVD

Investigating Officer will seize From the possession of accused:- Write down each computer resource's Make Model Colour Sl. No. Capacity Service Tag No. (if any)

Seized Exhibits be sent to CFSL for examination Seized exhibits be sent to Director, Central Forensic Science Laboratory, Directorate of Forensic Science Services, Govt. of India, Ministry of Home Affairs, 30, Gorachand Road, Kolkata- 700014, (T) S.D.J.M., for examination and opinion

Letter Rogatory Sec. 166 A of Cr.P.C:- Letter of request to competent authority for investigation in a country or a place outside India.