IADIS International Conference Information Systems 2008

CYBER FRAUD: A DIGITAL CRIME

Dr Amita Verma
ULIS, Panjab University, Chandigarh, India
Tel: +91 9872849690

Simi K. Bajaj
University of Western Sydney, Locked Bag 1797, Penrith South DC, 1797, NSW, Australia,
Tel: +61-2-96859253, Fax: +61-2-96859557

ABSTRACT
Computer and internet have converted the entire world into a global village by creating what we call as cyberspace.
Cyberspace is the common heritage of mankind but unfortunately some people misuse the common heritage and thus,
cyberspace has also become a new frontier of different type of crimes. While Internet has been providing immense
opportunities to individuals, organizations and nations in diverse areas, at the same time it has also given birth to a new
form of crime-cyber crime. Cybercrime is causing mind boggling financial losses to the order of trillions of dollars
worldwide. Unfortunately, most individuals and organizations are not aware of the enormity of this crime and its effects.
This is one area where ignorance is not bliss. Although many attempts have been made to control this fast spreading
menace of cybercrime at global level yet it has borne little results due to a various reasons. The object of this paper is to
have a comprehensive analysis of cybercrimes and offer some suggestions for legal control mechanism.

KEYWORDS
Cyberspace, Cybercrime, Computer, Internet, Information Technology, Telecommunication, Cyber Networking,
International Forensic Standards, e-crimes.

1. DEFINITION
Cyber fraud often makes headline news but it is thought that the number of cases of fraud detected and
prosecuted is just the tip of the iceberg. [2] Internet fraud is a form of white-collar crime whose growth may
be as rapid and diverse as the growth of the internet itself. All the major financial institutions throughout the
world, uses computers to carry out their business and vast sums of money are transferred through computers
(electronic funds transfer).
Fraud on the internet constitutes about one-third of all cyber crimes.1 Internet fraud has increased by a
substantial percentage over the past years. [8] It is the most profitable business on the internet. Online fraud,
today, poses a major threat to the continued popularity of e-commerce [1]. For our purposes, the term
“internet fraud” may be broadly defined as any fraud committed through or with the aid of computer
programming or internet-related communications such as websites, email, and chat rooms.( Financial Times,
24 Apr 97) In fact, most cyber frauds are not disclosed by the victims because of the fear of loss of public
trust, confidence, image and business. Some of the major areas of fraud and cheating on the internet include
misuse of credit cards by obtaining passwords by hacking, bogus investment/get rich schemes, deceptive
investment newsletters containing false information about companies, non-delivery of goods purchased from
online auctions and websites, misappropriation and transfer of funds, etc. [17] Misrepresentation may also be
innocently made. If person makes a statement that he or she believes to be true but that actually
misrepresents material facts, innocent misrepresentation, not fraud, has occurred. In this situation, the
aggrieved party can rescind (cancel) the contract but usually cannot seek damages. [11]

1
“WebCrimeStatistics”at <http//www.intergov.org>

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According to the consumer organization, Internet Fraud Watch, the number of consumer complaints it
receives about internet fraud schemes rose dramatically, from 1,152 in 1997 to more than 7,500 in 1998.[13]
According to the 2002 Internet Fraud Report, issued Wednesday by the IFCC, victims of internet fraud lost
$54 million in 2002, up from the $17 million they lost in 2001. [14] A recent report by the DTI/Price
Waterhouse Coopers (PWC) indicated that 84% of large UK businesses had a malicious security incident last
year and that 21% of respondents to a Government survey felt ‘at risk’ to e-crime whereas only 16% worried
more about a burglary.[10] Rounding out the “Top Ten Dot Cons” are: Internet service provider (ISP)
scams, website design scams, net porn credit card fraud, multi-level marketing schemes, business
opportunities and work-at-home cons, fraudulent investment and get-rich-quick scams, travel and vacation
fraud, telephone/pay-per-call frauds, and Net health care frauds. [15] In fact, the diversity of areas in which
the internet is being used to defraud people and organizations is astounding. ( For a list of scams on the
internet <http://advocacy-net.com/scammks.htm>) The number of British households with broadband
Internet access is predicted to rise to 21 million by 2010, as dial up access becomes redundant. This increase
will permit greater criminal exploitation and network disruption through the use of viruses’, Trojans and
BotNet programs, which will utilise the increased speed and bandwidth to propagate criminal enterprise.[10]
The computer related fraud or cyber fraud has become one of the most pervasive form of white-collar-
crime in United State, Canada, U.K., Europe, Australia, Singapore, India, etc. As mentioned earlier the
losses due to misuse of computer or cyber or information technology or digitised technology have resulted in
to billions of dollars. With the development of global communications networks, computer fraud as with
other forms of computer-related crime is increasingly adopting global dimension.

2. TYPES OF FRAUD ON THE INTERNET

The internet allows individuals or companies to communicate with a large audience without spending a lot of
time, effort, or money. Anyone can reach tens of thousands of people by building an internet website, posting
a message on an online bulletin board, entering a discussion in a live “chat” room, or sending mass e-mails.
It is easy for fraudsters to make their messages look real and credible, but it is nearly impossible for people
accessing the information to tell the difference between fact and fiction. [16] Fraud is opportunistic and
fraud operators among the first to appreciate the potential of new technology, see the size of the potential
market, the relative ease, low cost and speed with which a scam can be perpetrated. After having a computer
and modem set up and maintain a site on the web and solicit consumers anywhere on the globe. Career
investment swindlers are very good at their work and know how to win even the most reluctant person.
Many educated and intelligent people have fallen for the offers of criminals. Fraudulent sales callers are
skilled liars and experts at deceit. They make repetitious calls continually honing their skills. Such skilled
sale people selling dubious products and services on the phone, and pitch opportunities that may sound
legitimate. They are good as they represent legitimate businesses as they offer various investments. Losses
to individual investors can be crushing. Affinity fraud is when one person gains the trust of others because
they share the same religion, race, ethnicity, career or other social characteristics and deceives them in
financial transactions. Affinity fraud poses a danger. The fraud when come to your attention as a result of a
contact from a friend or someone who inspires a bond of trust. Beware of the use of names testimonials from
other group members because scam artists payout high returns to early investors using money taken from
arrivals. Religious affinity fraud continues to be a widespread problem. Some elderly investors have been
duped into buying bogus promissory notes and prayed with their victims to gain their trust. No doubt, the
internet allows individuals or companies to communicate with a large and hence without spending a lot of
time, effort or money, it is easy for frauders to make their messages look real and credible but it is possible
for people assessing the information to tell the difference between fact and fiction. The offenders usually
include an element of urgency in their pitches, stressing that the prize, investment, or other item being offered
will not be available unless the victim sends the funds quickly. It also gives the offender an excuse for
collecting the funds using couriers, wire services or credit-card transactions before the victim has second
thoughts or gets independent advice. The prime and ultimate purpose of these tactics is to persuade the
victim, through false and deceptive means, to part with money or assets, either in return for some benefit or
out of altruism, such as Advance-Fee Loan or Credit Scheme, Cyber Lottery Schemes, Telefunding Scheme,
Travel-Related Schemes.[6]

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3. INTERNET FRAUD AND SCAMS

Internet fraud can be found in chat rooms, e-mail, web sites and message boards. There are numerous fraud
and scams, which are having place in cyberspace. Some of the most common are: Internet service provider
(ISP) scams, Web site design scams, Net porn credit card fraud, multi-level marketing schemes, business
opportunities and work-at-home cons, fraudulent investment and get-rich-quick scams, travel and vacation
fraud, telephone/pay-per-call frauds, Net health care frauds, Auctions Online. Others are: Chain Letters &
Emails, Charity Scams, Credit Privacy Misinformation, Diploma Scams, Domain Name Registration Scams,
Employment/Job Scams, FDIC Email Scam, Finance Scams, Gifting Clubs, Government Grants, Health
Scams, Homeowner Scams, Identity Theft Scams, Investment Scams, Lottery Scams, Matrix Programs,
Missing Persons Scam, Multi-Level Marketing, Nigerian Scams, Opt-In Email Address Purchases, Phishing
Scams, Phone Scams, Pyramid Schemes, Scholarship Scams, Sweepstake Offers, Tax Scams, Telemarketing
Scams, Travel Scams, Trust Schemes, Water Testing Scams, Web Service Scams, Work at home. [18]
The top 10 categories of consumer fraud complaints in 2005 [12] include:
Internet Auctions - 42%
General Merchandise - 30%
Nigerian Money Offers - 8%
Fake Checks - 6%
Lotteries - 4%
Phishing - 2%
Advance Fee Loans - 1%
Information/Adult Services - 1%
Work at Home Plans - 1%
Internet Access Services - 1%

4. INTERNATIONLA CASES

4.1 Rogue trader to cost SocGen $7bn

Jerome Kerviel, the reported rogue trader French bank Societe Generale says it has uncovered "massive"
fraud by a Paris-based trader which resulted in a loss of 4.9bn euros ($7.1bn; £3.7bn). The bank said the
fraud was based on simple transactions, but concealed by "sophisticated and varied techniques". The losses
are four times greater than those made by Nick Leeson, the rogue trader who brought down Barings
Bank.Societe Generale said the trader had taken what it called "massive fraudulent directional positions in
2007 and 2008 beyond his limited authority".
The fraud is an extraordinary echo of the rogue trader, Nick Leeson, who caused the collapse of Barings
Bank in 1995, says BBC business correspondent Nils Blythe. But the losses uncovered by Barings bosses
totalled just £860m - about a quarter of the amount lost by Societe Generale.
The bank, one of France's largest, will need to seek 5.5bn euros in new capital to offset the losses.[3]

5. INDIAN CASES
Prior to the coming into force of the IT Act, 2000, the CBI registered a classic case of the Cyber Fraud.

5.1 Asif Azim Case

This is a first case of cyber fraud. Main development has been India’s first successful cybercrime conviction
in February. On February 5, 1998 Asif Azim, 24, was found guilty by Delhi Metropolitan Magistrate
Gulshan Kumar of cheating Sony India of a 29-inch colour television and a cordless headphone worth Rs

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27,570. As it was a first offence, the sentence was a one-year probation and a personal surety bond of Rs
20,000. Azim, who had been working in I-Energizer, a call centre in Noida, happened upon the credit card
details of one of his clients, Barbara Campa. He then decided to do some shopping, free of charge. He
created an e-mail address in Campa’s name and through it placed an order on Sony India’s website on May 8
last year by using Barbara Campa’s credit card details. Sony India’s credit card company, Citibank, found it
a valid transaction and the products were delivered to Azim’s residence the very next week. A mail was sent
to Campa with the photographs of Azim receiving the products.
Things went into panic mode around the end of June when Campa realised she had been charged for
something she had not bought and informed the bank. Citibank, after cross checking with her, reported that
the transaction was fraudulent and hence, invalid. This meant that Sony had to pay for the transaction. Then
matter was reported to the CBI. The CBI team found that the Internet Protocol address from where the
messages came was not in the US but in Noida. They then tracked down the source computer, which he was
using. Azim confessed to everything when the CBI confronted him. He said he had done it just for the sake
of getting something free. Azim was convicted under sections 418, 419 and 420 of the Indian Penal Code.
The CBI arrested Arif Azim on the grounds of online cheating and registered the case under section 420 of
IPC. The conviction reinforces the confidence of the people in the capability of the law enforcement
agencies to crack cybercrime and in the Indian judicial system’s resilience in dealing with new challenges in
the cyber age.

5.2 AIIMS Doctor Case

The Central Bureau of Investigation (CBI) registered a case where a Delhi doctor of the All India Institute of
Medical Sciences (AIIMS) was duped of money through the internet by an unknown miscreant using his
credit card number to shop allover the world. The case came to the notice of the CHI, when the doctor
complained to the investigating agency that he had been receiving inflated credit card bills. On
investigations, it transpired that somebody had been purchasing goods worth huge amounts of money in
different countries through the doctor’s credit card. A case was registered for cheating by impersonation.
The CBI had investigated the matter and traced that most of the payments were made for books, magazines
and videos and the losses suffered by the complainant amounted to approximately Rs. 10,000 per month.
The agency had also tracked the Internet Protocol (IP) address of the server used by the accused to login to
the websites. However, the case was closed by the CBI due to their failure to track down the accused that
misused the credit card on the internet. The present case had to be closed, even though the agency was close
to booking the culprit, because the administration department of the American server of the particular internet
site did not provide the login details of the 300 users of that part of the year, in which the accused had
misused the credit card number.
These types of cases raised numerous important issues. Security of confidential consumer information in
the light of growing e-commerce becomes of paramount importance. The legal infrastructure must also be
robust and effective to deal with such a scenario.

6. CONTROL MECHANISM-GLOBAL SCENE

6.1 Fraud-Related Offenses

The federal crimina1law in the United States includes a number of statutes that apply to cyber crime or
telemarketing each of which has a basic maximum penalty of “five years” of imprisonment. The most
frequently used are mail fraud (18U.S.C. No. 1341) and wise fraud (V.S.C. No. 1343), which prohibits the
use of the mails or wire communications in fraudulent schemes, and the general conspiracy statute (18 U.S.C.
No. 371). The other fraud-related federal offenses which have been used in cyber marketing or telemarketing
fraud prosecutions include identification fraud (18 U.S.C. 1028), which prohibits the misuse and unlawful
transfer of identification documents such as social security cards; credit cards (18 V.S.C. 1029). The fraud
and related activity in connection with Access devices is as per the statute No. 18 V.S.C. 1029 which is
reproduced hereunder:

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6.1.1 § 1029. Fraud and Related Activity in Connection With Access Devices
(a)Whoever-
1. knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access
devices;
2. knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices
during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or
more during that period;
3. knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or
unauthorized access devices;
4. knowingly and with intent to defraud, produces, traffics in, has control or custody of, or possesses
device-making equipment;
5. knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to
another person or persons, to receive payment or any other thing of value during any 1-year period
the aggregate value of which is equal to or greater than $1,000;
6. without the authorization of the issuer of the access device, knowingly and with intent to defraud
solicits a person for the purpose of
x offering an access device; or
x selling information regarding or an application to obtain an access device;
7. knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or
possesses a telecommunications instrument that has been modified or altered to obtain unauthorized
use of telecommunications services;
8. knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or
possesses a scanning receiver;
9. knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software,
knowing it has been configured to insert or modify telecommunication identifying information
associated with or contained in a telecommunications instrument so that such instrument may be
used to obtain telecommunications service without authorization; or
10. without the authorization of the credit card system member or its agent, knowingly and with intent
to defrauded causes or arranges for another person to present to the member or its agent, for
payment, 1 or more evidences or records of transactions made by an access device; shall, if the
offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this
section.
The Federal Statute No. 18 U.S.C. 1030 also deals with cyber fraud and related activity in connections
with computers.

7. CONTROL MECHANISM-INDIAN LEGAL PROVISIONS

The IT Act, 2000 has no specific mention on economic cyber offences. As such, cyber fraud as an offence is
not defined and in its absence, it will be difficult for the law enforcing agencies to obtain convictions of
different accused persons for various economic cyber offences. It will be equally difficult to book the
accused under existing laws because they have not been framed to include cyber frauds within their ambit. It
is true that the IT Act, 2000 effects some amendments in the Indian Penal Code. ( See also First Schedule of
Information Technology Act, 2000) But the changes are limited to the extent of making the criminal
jurisprudence of our country in consonance with the provisions of the IT Act, 2000. However, as time
passes, it is becoming clear that the Indian Cyberlaw, in its isolation, cannot be an effective means of
ensuring the success of e-commerce. Other legislations have to be quickly introduced to plug other existing
loopholes. Economic cyber offences like cyber fraud have to be specifically defined and made penal
offences punishable with imprisonment and fine in order to enhance the confidence of the people at large, in
the e-commerce way of life. [7]
The word “fraud” has not been defined in the Indian Penal Code. However, Section 25 of Indian Penal
Code does attempt to define the word “fraudulently” by saying that there can be no fraud unless there is an

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intention to defraud.2 The Indian Courts have defined fraud as an act of deliberate deception with design of
securing something by taking unfair advantage of another. It is a deception in order to gain from another’s
loss. It is cheating intended to get an advantage [2].
In general, fraud is used in three different ways, viz:
x To deprive a man of his right, either by obtaining something by deception or by taking something
wrongfully without the knowledge or consent of the owner;
x To wrongfully prevent one from obtaining what he may justly claim; and
x To defeat or frustrate wrongfully another’s right to property.
Whenever the words fraud, intent to defraud or fraudulently occur in the definition of a crime under
the IPC, two elements, at least, are essential to the commission of that crime, viz:
x Deceit or an intention to deceive; and
x Either actual injury or possible injury or an intent to expose some person to actual or possible injury.
It is submitted that this definition of fraud encompasses within its fold the scams on the internet. Both the
essential requisites of fraud, i.e., deceit or intention to deceive and actual or possible injury to an individual
or a group of individuals are present in such scams. All such scams, whatever their modus operandi, are
intended to gain advantage for some almost always at the risk of loss to others.3
Explanation-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is
not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the
person keeping silence to speak, or unless his silence, is, in itself, equivalent to speech.
This definition of “fraud” in the law of contract applies to civil and contractual relations between parties
and has no applicability to criminal law. Therefore, in India, for the purposes of criminal law, the expression
“cyber fraud” would be a misnomer and instead the expression “cyber cheating” would be more relevant.
The expression “cyber fraud” in the Indian context can be used for fraud under the law of contract and other
civil laws. For claiming damages and compensation under the civil law, the expression “cyber fraud” would
be appropriate while as a crime entailing corporal punishment or fine, or both, “cyber cheating” is the correct
description. All acts which amount to cheating would be fraud but the vice-versa may not be true in all cases.
It should not be misunderstood that for acts of cyber cheating, only punishment, corporal or fine or both, is
provided and no claim for damages and compensation can be made. In all cases of cheating, a cause of
action will also lie for damages under the civil law besides punishment under the criminal law. In the Indian
Penal Code, there is no definition or offence of “fraud”, though there are several provisions, which contain
the ingredient of fraudulent intention, etc. The offence of “cheating” which is popularly called “420” in
India, is closest to fraud. “Cheating” has been defined as follows in the Indian Penal Code under section 415:
“415. Cheating-
Whoever by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver
any property to any person, or to consent that any person shall retain any property, or intentionally induces
the person so deceived to do or omit to do anything which he would not do or omit if he were not so
deceived, and which act or omission causes or is likely to cause damage or harm to that person in body,
mind, reputation or property, is said to “cheat”,
Explanation-A dishonest concealment of facts is a deception within the meaning of this section”.
The following are therefore the ingredients of the offence of cheating:
x A representation is made by a person which is false and which he knows is false at the time of
making the representation.
x The false representation is made with the dishonest intention of deceiving the person to whom it is
made.
x The person deceived is induced to deliver any property or to do or omit to do something which he
would otherwise not have done or omitted.
Sections 415 to 420, IPC, detail the law relating to cheating. In, the case of internet Scams relevant
section’s relating to the crime of cheating such as cheating by impersonation (s-416) cheating with

2
The word fraud is clearly defined in the Section 16 of the Indian Contract Act, 1872. However, this definition cannot be made
applicable in criminal law.
3
Sections 415 to 420, IPC, detail the law relating to cheating. The grounds for these provisions to be attracted are same as that of fraud,
i.e., dishonesty, deceit, etc. In the case of internet scams relevant sections relating to the crime of cheating such as cheating by
impersonation (s.416), cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect
(s.418), etc may be applied according to the facts of the case.

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knowledge that wrongful loss may ensure to person where interest of offender is bound to protect (s-418), etc
may be applied according to the facts of the case.
The conditions, which need to be satisfied to make the act an offence under Sec 415 of the IPC are:
x Deception of any person.
x Fraudulently or dishonestly inducing that person to deliver any property to any person; or to consent
that any person will retain that property; or
x intentionally inducing that person to do or omit to do anything which he would not do or omit if he
were not so deceived, and which act or omission causes or is likely to cause damage or harm to that
person in body, mind, reputation or property.
E-mail scams, online auctions and securities scams satisfy all the above conditions and thus the
perpetrators of such frauds can be punished under Sec. 417 for simple cheating and under Sec. 420 of the
IPC. Banking frauds in which customers are impersonated can be prosecuted under Sec. 416 of the IPC,
which is cheating by personation. This crime can be punished under Sec. 419 of the IPC and the accused can
be sentenced for a term of three years or fine or both. Again when the frauds are committed through the use
of counterfeit notes and fraudulent financial instruments and documents, the accused can be prosecuted under
Sec. 489A and Sec. 489B for counterfeiting and using the counterfeited notes. They can also be prosecuted
under Sec. 463 for forgery and sentenced under Sec. 465 of the IPC. However, we need a specific legislation
criminalising online fraud.
Though fraud over the internet could be addressed by the existing provisions in the IPC, the legal
community seems hesitant to extend their application to this degree. Sec. 74 of the IT Act, 2000, has
addressed this problem to a certain extent. Any person who knowingly creates, publishes or otherwise makes
available a digital Signature Certificate for any fraudulent or unlawful purpose is penalised under Sec. 74, IT
Act, 2000. Thus the conditions, which need to be fulfilled, are similar to those under Sec. 415 of the IPC.
The only difference being the limited scope of Sec. 74. [9]

8. CONCLUSION
It becomes clear that the progress in the field of cyberspace, in addition to its numerous advantages, has also
brought criminal offences along with it. It goes without saying that the criminals in cyberspace have kept
pace with the progress in this field and the incidents of crimes in cyberspace are clear indications of the
gravity of the situation. Indian parliament has adopted two-fold strategy to control cybercrimes. It has
amended Indian Penal Code to cover cybercrimes expressly and has provided provisions in the IT Act, to
deal with cybercrime. But the Act is not comprehensive, as it has very limited objective and has e-commerce
in focus. Cybercrimes come under either criminal offences or civil wrongs. Some of them come under civil
as well as criminal offences and can be called hybrid cybercrimes and they have both civil and criminal
liability.
Therefore, it is concluded that the need is not only to have appropriate legal provisions for cybercrime but
also creating awareness among general public and the law enforcement agencies. The growth of technology
in this field has been stupendous with a faster growth of cybercrimes. There have been efforts at
international and national levels to control and regulate cybercrime but these efforts have not prove to be
sufficient so far and the result is that crime is many steps ahead of any such attempts. In our opinion
universal legal framework, duly adopted globally, backed by specialized and fully equipped law enforcement
mechanisms and appropriate awareness among masses would go a long way in controlling and abetting the
menace of white collar crime. It is hoped that the hypothesis suggested, if implemented effectively and in a
coordinated manner, would go a long way to make this scientific wonder of all ages sustainable not only for
this generation but also for many more generations to come.

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