Difference Between Ethical and Malicious Hacking, and Legal Considerations

Ethical Hacking:

Ethical hacking, commonly referred to as white-hat hacking, is the practice of testing computer networks, systems, and applications with the owner’s knowledge and permission. Penetration testers, often known as ethical hackers, use their technical expertise to find holes and flaws in an organization’s defenses against security threats. Ethical hackers utilize their skills to defend systems and defend against potential dangers, though they employ the same tools and strategies as malevolent hackers.

By doing the following, ethical hackers significantly improve cybersecurity:

• conducting penetration testing and vulnerability assessments to find security infrastructure weak spots.
•  advising businesses on the best ways to bolster their defense and reduce risks.
•  helping to create effective incident response plans.
•  collaborating with cybersecurity teams to proactively find vulnerabilities and patch them.
•  sharing knowledge and conducting research to better security standards and procedures.

 Malicious Hacking:

On the other hand, malevolent hacking, sometimes known as black-hat hacking, refers to unauthorized attempts to take advantage of security flaws in computer programmes, networks, or applications for one’s own benefit or harm. With the intention of stealing private information, jeopardizing systems, interfering with business operations, or committing fraud, these hackers work with malice. Malicious hacking is a serious threat to people, companies, and governments since it can result in financial losses, reputational harm, and even legal repercussions.

The following are some of the malicious hacking-related activities:

•  Access to apps, networks, or systems without authorization.
•  theft or manipulation of private information, including trade secrets and personal data.
•  attacking services with distributed denial-of-service (DDoS) attacks.
•  installing malware, ransomware, or other dangerous software by taking advantage of security flaws.
•  utilizing social engineering, phishing, or identity theft techniques.

The Key Takeaway:

In order to create a safe and secure digital environment, it is essential to understand the distinction between ethical hacking and harmful hacking. By actively defending systems and assisting organizations to keep one step ahead of potential dangers, ethical hackers benefit society. On the other hand, hostile hackers take advantage of flaws and injure others while trying to profit personally or interfere with business operations.

When did “Hacking” Become a Recognised Term?

Due to the increased use of the internet, the term “hacking” has lost some of its meaning and is now more commonly associated with criminal activity or cybercrime. Black hat hackers, or unethical hackers, are accountable for the darker aspects of hacking because they are the ones who use their skills and techniques to breach cybersecurity. Both ethical hackers and the law are required to combat cybercriminals like black hat hackers.

As professionals in cybersecurity, white hat hackers operate in accordance with hacking ethics and defend users’ interests online. Getting consent for the same is legal and can be done through ethical hacking.

What is the Process of Ethical Hacking?

The only way to combat black hat hacking is to do so through ethical hacking, as this is more likely to be done with the consent of the victim or the targeted system. The penetration testing techniques are designed to mimic real attacks without causing any harm and protect the company or individual from cyberattacks. Network administrators, engineers, and security experts simulate the environment of security level to execute a penetration test after learning how the attackers operate. Knowing what the victim is searching for will help to make the testing simple and efficient.

The following steps are included in penetration tests:

• It is important to create ground rules in order to clarify expectations and identify the individuals involved. Written permissions or an access agreement, known as a Statement of Work in the United States, should also be obtained.

• Passive Scanning: Information gathered about the target without his knowledge is also referred to as “open source intelligence” and can be found on websites like social networking sites and online databases, among other sources.

• Active Scanning and Enumeration: Using investigative techniques to examine the public exposure of the subject.

• Fingerprinting: Investigating the target systems to find out about their user accounts, operating system, programmes, and patch level open ports.

• Choosing the intended system.

• Using the right tools targeted at the alleged exposures to exploit the discovered vulnerabilities.

• Escalating privilege: Increasing the security context to give the ethical hacker more control by giving them root or administrative rights or by allowing them to use credentials they’ve cracked to obtain access.

• Documenting and reporting: A file about each technique or tool used, vulnerabilities that were exploited, and much more must be kept.

Laws for Ethical Hackers to Bear in Mind

Hacking has evolved from an intellectual curiosity to a global cybercrime that has troubled nations with security, data breaches, financial fraud, and other issues. Any nation would consider unethical hacking to be illegal. Information technology and law were two distinct sectors that never crossed, but because of the misuse of technology, the law had to protect the rights of internet users. These offenses have increased significantly. The rights of a person in the virtual world are protected by a number of international laws and legislations, which ethical hackers must keep in mind while conducting their work in good faith.

The Information Technology Act of 2000 went into effect in order to provide legal recognition for transactions made using electronic data interchange, also known as “electronic commerce,” and as internet usage has increased in India, cyber attacks have also had an impact on the security of computer networks. India adopted the model law on electronic commerce that was adopted by the United Nations Commission on International Trade Law as a result.

Section 84 lays out the fine line between a black hat hacker and a white hat hacker, stating that the government, the controller, or anybody operating on their behalf must act in good faith. If a government or controller appoints an ethical hacker, that person must behave in accordance with this act or any rule, regulation, or order.

Section 43 of the Act states that if any person without permission of the owner or any other person who is an in charge of a computer, computer system or computer network, if modifies, damages, disrupts computer network, downloads, copies or extract any data or information from such computer network or accesses to such computer system he may be penalized for damages. The term used in this provision is without permission of the owner that gives an impression if a person is working under the authority or in a good faith he may not be liable for the damages.

Section 43- A of the Act states that if any person fails to protect the data he is liable for compensation, so if an ethical hacker is a body corporate and he fails to protect the data he is handling he will be liable under section 43-A of IT Act.

Section 66 of the IT Act deals with the computer-related offenses which state that any person who dishonestly and fraudulently does any act mentioned in section 43 of the Act he shall be penalized with 3 year years.

The government agencies like CBI, Army and law enforcement bodies, Intelligence Bureau, Ministry of Communication and Information Technology under the Information Technology Act can form government agency under section 70-A and Section 70-B for the Critical Information Infrastructure Protection can recruit the cybersecurity experts to protect itself from cyber terrorism as laid down in section 66-F of the Information Technology Act where it has been mentioned without authorization or exceeds authorized access.

The Indian IT law does penalize hackers who gain access to computers without the required authority, but it does not provide any protection for ethical hackers unless they are employed by the government in accordance with section 84. Ethical hackers must be taken seriously because computer networks need to be protected from cyberterrorism and other online attacks.

Conclusion

In contrast to other nations, the UK’s laws define Mens Rea and Actus Rea, and nations like Japan have established an identification code to protect the interests of ethical hackers, whereas in India, laws like the IPC lack provisions pertaining to hacking and his intention. Since the Cr.P.C. deals with the interference of electronic evidence and since it is so fragile, it may lose its legitimacy once someone gains access to it, there are no procedures for police to conduct investigations with the assistance of ethical hackers.

As time and technology improve, so will cybercrimes, and black hat hackers cannot be stopped until white hat hackers are distinguished from them and are given proper identification, India needs a law to safeguard its ethical hackers.