Bivas
Ethical Hacking...is it legal? Hacking laws of India..
Bivas Chatterjee 6 Aug 2019

Ethical Hacking...is it legal? Hacking laws of India..

Ethical hacking & Legal Parlance:
Hacking: - Hacking is gaining information of the weakness of a system and getting into another’s computer resources without his or her permission,
WHITE HAT HACKERS
A white hat hacker or ethical hacker who hacks ethically …………

GREY HAT HACKERS
 A Grey Hat Hacker sometime hack for good purpose …..sometimes for bad purpose….
BLACK HAT HACKERS
A black Hat Hacker hacks for unethical purpose ………

Steps of Hacking:
Reconnaissance: where the Hacker tries to collect information about the target.
Scanning: Thereafter the hackers scan the collected data and find some vulnerabilities in the system…….
Gaining Access: Then gain access to the system by using Phishing Attack or Metasploit….or other ways…..
Maintaining Access: After entering into the system hackers maintain their access for future exploitation or make it as a base to in initiate attacks on other systems…..
Covering/Clearing Tracks: Changing the IPs, MAC other identifiable information the hacker covers or clear the tracks so that no one can reach them.
 
As per NITI Aayog Report by 2020 India will going to have 730 million internet users
Cyberspace is the connected Internet Ecosystem.
Cyber exploitation activity becoming More Sophisticated, More Targeted and More Serious
Indian 3rd Largest after USA and China….
Organised hackers are indulging Advanced Persistent Attacks to seal data ……
64% of breaches (threat) are resulted from hacking……
Cyber security HR requirements  : Acute Shortage of Resource persons
https://niti.gov.in/writereaddata/files/document_publication/CyberSecurityConclaveAtVigyanBhavanDelhi_1.pdf

• Ethical Hacking : Hacking may be for criminal purpose and it may be for cracking the criminals called ‘black-hat hackers’. Be it for bad or good the art of hacking is same wherein using some specialized sets of tools, techniques, skills, and knowledge, the security of a computer and its various resources are compromised. Section 43 and 66 IT Act provide the legal platform for hacker.

• “ Hacker” and “ “Cracker” in Indian law: In Abhinav vs. State of Haryana, Cr. Misc. No. 9245 of 2008, Justice Harbans Lal of Punjab and Haryana High Court has defined the term “ Hacker” and “ “Cracker” and made distinction between “ Hacker” and “ “Cracker”. He also put emphasis on the point of mens rea in adjudicating the offence of hacking.
• The concept of mens of rea in hacking is made clear in the case in DPP vs. Bignell (1998) 1 Cr. App. R 1 and R. vs. Gold and Schifreen, (1997) QB 1116. The Court observed that mere access to any computer resources is not an offence. That is why in section 66 of the IT Act the terms “ dishonestly” and “ “fraudulently” have been used. 
Hacking laws: In USA : SECURELY PROTECT YOURSELF AGAINST CYBER TRESPASS ACT (SPY ACT).

For details...watch following videos: How ethical are the ethical hackers? How to hack ? Laws of hacking.....



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