Supreme Court issues notice to Google,Yahoo and
Microsoft August 14: India's Supreme Court issued
notices to Microsoft, Google and Yahoo following a complaint that
they were promoting techniques and products for the selection of an unborn
child's sex through advertising and links on their search engines...Report Mumbai High Court Asks Google to Reveal Blogger
Identity August 14: In a defamation case, Mumbai High
Court has reportedly issued a notice to Google to reveal the identity of a
Blogger. Google has for some time been protecting its user identity even in
the e-mails by providing a Proxy IP. In case of Blogging, the IP address of
the user or his profile particulars are held confidential. While Google
defends such action under the requirement of Privacy, there are often a
case for revealing the identity when a crime is being committed with the
use of the resources of Google. Of course "Defamation" is on a platform
different from some other crimes say such as "Cyber Bullying" or
"Pornography". Whenever any offence is made out the intermediary will
be required to part with the information and the Indian law supports such a
view. However Some times blogs may be performing a whistle blowing
function in the interest of the society. Hence such cases need to be
treated differently. In the instant case it appears that the notice
is being served upfront on a case being filed as a requirement of the
Criminal Justice system in India. If the object of filing a case is
only to bring the person into open before a valid case is made out, the
person may be subjected to harassment of various kinds by a powerful
corporate. Perhaps Courts may consider the privacy rights at least until a
prima facie case is made out and the presence of the accused is required to
continue further trial. We suggest that Bloggers in India should come
together as a community and set up a voluntary cyber law compliance
programme and in the process create an "Ombudsman" to guide them in such
cases. In the event of complaints of defamation etc, the first level of
resolution can be done by the Ombudsman himself and only if necessary the
victim may go to Court. Even at this stage the Court may try to analyse the
validity of the complaint keeping the blogger in the background as long as
feasible so that any possibility of unfair victimization is reduced.
Report on the complaint in ET SENSEX Dispute August 11: Recently a case has been filed in Pune court
that the word "SENSEX" was coined by a Stock Market Analyst (Deepak Mohoni)
and was being wrongly claimed by Bombay Stock Exchange Ltd as its
trademark. It is interesting to note that BSE claims usage of the term
SENSEX since 1986 while the stock market analyst claims that he was the
first to coin the term some time in 1989 while writing articles in Business
Standard and it soon caught on by others. In a recent article in Deccan
Herald, the former editor of Business Standard who edited the newspaper
during the time the said analyst first started to use the term SENSEX has
corroborated the views of Mr Dipak Mohoni.
Article in DH Another interesting angle to the dispute is
reflected in the Wikipedia entry on the term Sensex available at
http://en.wikipedia.org/wiki/Sensex. The earlier version of the page as
available on October 19 2007,
reproduced here
states that SENSEX was coined by Dipak Mohoni. Significantly, the current
version of Wikipedia does not have this paragaraph. In the light of the
dispute currently in the Indian Court, it would be interesting to
investigate what this change would mean in terms of its legal impact. During the years 1984-87 when I used to work
in Mumbai as head of the Merchant Banking Bureau of Indian Overseas
Bank, I remember the introduction of the new BSE sensitivity index. I am
sure some of my Merchant Banking contemporaries of the time may have
documentary evidence regarding how the BSE Sensitivity Index came to be
known as SENSEX. I would welcome any of those contemporaries of mine who
can throw light on the first usage of SENSEX to contact me over e-mail
naavi@vsnl.com. Cyber Crime Watchdog Required August 10: Cyber Crimes are on the
increase. So are complaints that Police often arrest persons by mistake. In
the recent blast related e-mail case, an US national had to face the
harassment of the Police since the IP address was traced to him. The arrest
and illegal confinement for 50 days of the Bangalore software engineer by
the Pune Police by mistake in the resolution of IP address is another
glaring example of a Police excess on hand. There are many complaints that
Police donot register complaints unless you are either influential or able
to add weight to your complaint. In a recent incident, a parent of a minor
boy accused of sending an obscene photograph by mail reportedly had to
spend nearly a million rupees under threat of arrest. Naavi.org suggests that in order to ensure
that there is a monitoring system that tries to reduce the impact of
mistakes by Police, a Cyber Crime watch dog is required just as a Human
Rights watch dog. It is possible to carve out such an organization by the
Human Rights Organization itself by creating a Cyber Crime division.
Related Article in IE
Related Article in mynewsindia New Cyber Crime Laws expected in US August 04:The US Senate recently
passed legislation to modernize the nation's computer crime laws and give
prosecutors more leeway in pursuing cyber crooks. The legislation would
make it a felony to install spyware or keystroke-monitoring programs on 10
or more computers regardless of the amount of damage caused. Extortion of
companies by publishing or releasing stolen information would now be
considered a criminal activity.
Details
of The Former Vice President
Protection Act Karnataka Police set to ban s_bhabhi
website August 04: After several attempts, it
appears that at last Karnataka Police are set to write to CERT for blocking
of the infamous s_bhabhi website. It is likely that the site owners may
re-surface with another bhabhi site shortly. CERT should therefore take
pro-active action in respect of any such sites that may surface now. It
would not be possible for this process of persuading the police to send an
official request of for banning a site to be repeated each time. CERT
should therefore start acting on complaints from responsible organizations
such as Naavi.org without insisting on the formalities that the request
should be sent only through proper channels. If the Governments introduces a provision that
a data base of such sites to be banned maintained by organizations
such as Naavi.org or Digital Society Foundation be automatically
incorporated in the "Black List" of ISPs, it would be possible to involve
the public and eliminate a majority of such sites. Related Reports:
CIOL,
Deccan Chronicle,
mynews.in Welcome to Cyber Crime Expert in SEBI August 04: In an interesting
development, SEBI has brought Cyber Crime investigation skills into its
office by recruiting Mrs Pradnya Sarvade, the former head of Cyber
Crime Cell, Mumbai. It may be recalled that Naavi.org has been
fighting against many online broker frauds which are actually Cyber Crimes.
Police are unable to appreciate the Cyber Crime ang,e to such offences and
are overwhelmed by the "Fraud" or "Economic Offence" angle in determining
the jurisdiction of the case. In one of its recent complaints, SEBI failed
to do justice to a group of investors who had alleged that a manager of
India Infoline, Mangalore had committed a fraud and cheated them of RS 20
lakhs. Naavi.org had brought this to the attention of the SEBI since the
circumstances indicated that the fraud might have been committed with the
forbearance on the part of the top management of the Company for unfair
gains in business. However SEBI simply shifted the responsibility for
resolution to NSE which could not do a professional job of reconciliation. Hopefully this move of Mr Bhave who is
considered an Investor Friendly person right from his early days in SEBI
would enable investors get a fair hearing in the adjudication proceedings
concerning Broker Frauds. Now that Mrs Sarvade type of investigators are
available to SEBI, they may be able to take better control of the online
broker's market which is a Cyber Fraud den. It is interesting to note that another senior
officer of Mumbai Police, namely Mr Sarvade also moved out into the private
sector recently. It feels good to note that hardworking Cyber Crime
specialists in the Police are finding lucrative offerings in the IT
industry. July 31: Naavi has already informed
both the Police in Karnataka and CERT about the need to ban the infamous
s_bhabhi site. However true to the expectations, neither of them seem to be
interested. Now that Police have enough on their hands to chase the false
e-mail leads on terrorist activities, s_bhabhi is surely not in their
agenda. But let me make my point. This is as dangerous to the Indian
society as the bombs that are bursting like crackers all over India.
I have received an e-mail today from one of the parents of an affected child
which indicates that the boy has even been booked under Section 67 of ITA 2000
for being influenced by the site. But will the Police recognize that it is the
influencer who needs to be punished more than the influenced?..
More Smart Mobile Phones are a Security Risk July 21: Security experts have expressed grave
concern about mobile phone viruses which can attack smart phones. They say
that viruses can be sent through SMS and can be used to snoop on the owner.
Article in TOI :
Related Article on IMEI Spoofing
Supreme Court issues notices to DGPs July 19: It is a common grievance of the citizens that police
officers in charge of Police stations play around with their powers when a
citizen approaches them for filing a complaint. If the complainant is not
influential or if the Police feel that the case may be difficult to solve,
they tend to avoid registration of the complaint. At best they will be
sympathetic to the complainant and provide him some psychological re
assurance. At the worst they may drive out the complainant stating that the
complaint is not maintainable. In between there would be neutral officers
who will receive the complaint and eventually dispose it off through the
dustbin. Naavi.org has been for a long time fighting for the
right of a complainant (in the cyber crime area) to lodge a complaint.
Cases have been reported in Bangalore earlier where the police officers
have thrown a copy of ITA 2000 at the complainant and challenged him to
show the section under which the complaint is chargeable and intimidate them
to the extent that complainants stop approaching the police station again. It is heartening to note that the Supreme Court has now
sent notices to all States to ensure that in cases that the erring officers
be prosecuted and sent to jail for neglecting duty. After the new DGP has
taken over in Karnataka, an effort is being made for online complaint
registration through the website
http://www.ksp.gov.in. But the activation of the system is awaited. We
request that Karnataka Police should open this facility at the earliest and
ensure that every complaint filed through the website (Both for cyber
crimes and others) should be immediately acknowledged with a complaint
number. A few suggestions on this system is given here in..
Details Canadian Court Rules against
QuebecTorrent.com July 15: Quebec Superior Court Justice
Pierre Tessier issued the permanent injunction closing QuebecTorrent.com on
Wednesday and ordered its operator, Sébastien Brulotte, to refrain from
being involved in "any technology allowing the download of any work
protected by copyright."..
Details in
national post.com
Karnataka Police Takes the technology leap July 11: As expected, the advent of
Sri R.Srikumar as the DGP of Karnataka has opened up a new era in the state
Police where technology will be harnessed for better Governance. The implementation of
e-Governance in Karnataka police has started with the launching of the
website http://www.ksp.gov.in already
with some innovations. The first innovation is the
opening of the "Crimestoppers.org", an effort to enlist the support of the
public as the extended intelligence of the Police. The second and the most
important development for which Naavi.org had been urging for a long time
is the announcement that an "Online Complaint Lodging Mechanism" would be
launched shortly... More
Deccan Herald
Liable under Section 43 of ITA 2000 July 11: Naavi.org reported on Jule 19th about
the Deccan Herald (A popular news paper in Karnataka, India) website being
classified as an "Attack Site" by Google. Despite this publication and
having been aware, Deccan Herald has not yet secured their site and the
site continues to be tagged an attack site by Google till date.
(Refer
Screenshots here) We take this opportunity to highlight
the necessity for all public websites to monitor such events and take
necessary action as otherwise they would be liable under Section 43 (C) of
ITA 2000 for paying compensation to each of the visitors who suffer damages
on account of the malicious code...
Details [P.S: Deccan Herald has removed the
offending picture after the notice. Naavi 14/7/08] Missouri Defines Cyber Bullying as a Crime July 9: The incident in Missourie where an young school student
committed suicide after being be-friended as a boy and rejection, by the
mother of her friend, (Lori Drew) has prompted the state to pass a new law
to make harassment of this kind punishable. The offence has been
defined as The new law penalizes those who knowingly communicate
with another person who is, or who purports to be, seventeen years of age
or younger and recklessly frightens, intimidates, or causes emotional
distress to such other person. Also, the new law makes it a crime "to
engage, without good cause, in any other act with the purpose to frighten,
intimidate, or cause emotional distress to another person, cause such
person to be frightened, intimidated, or emotionally distressed, and such
person's response to the act is one of a person of average sensibilities
considering the person's age." The law modifies the term "harasses" to include:
"conduct directed at a specific person that serves no legitimate purpose
that would cause a reasonable person to be frightened or intimidated, as
well as emotionally distressed. A person need only harass a person
purposely, rather than purposely and repeatedly, to commit the crime of
stalking or aggravated stalking." The law also defines a "credible threat" as "those made
with the intent to cause the person who is the target to reasonably fear
for his or her family's safety or family's pet's or livestock's safety, and
not only his or her own safety." The law also defines a "credible threat" as "those made
with the intent to cause the person who is the target to reasonably fear
for his or her family's safety or family's pet's or livestock's safety, and
not only his or her own safety."
Article in ibls.com :
copy of the bill Banks are Liable for Phishing Attacks.. German
Court July 8: The views of Naavi.org regarding the
liabilities of Banks for phishing as been endorsed in a decision by a
German Court. A judgment of the Amtsgericht (lowest
court) at Wiesloch says the banks are responsible for damages arising from
unauthorized interception of confidential data (phishing). In the recent adjudication application made at
Chennai, the Bank damages have been claimed from the Bank for the reason
that Bank had by virtue of several of its reckless practices contributed to
the fraud. The same argument which has been stated in the case, viz, "Once
it is proved that a withdrawal instruction was forged, there is no
liability on the customer", has been used in the adjudication application
also. This was the first occasion in India when a Bank was accused of a
phishing fraud where normally the victim is dubbed as a contributory cause
and denied compensation.
Report in computer weekly.com Seechange To Partner with Cyber Law College July 8: Seechange Consulting, Chennai, a company
engaged in IT related training has tied up with Cyber Law College to market
the online courses of Cyber Law College. Details are available at
http://www.seechangeworld.in/cyberlaw Google Compromises with Brazil.. Why Not with India? July 6: Google signed an agreement with Brazilian public
prosecutors on Wednesday to help combat child pornography on its social
networking site Orkut. Under the agreement, Google will use filters to
remove and prevent illegal content on Orkut, and will also facilitate
evidence gathering under judicial order in suspected crimes against
children and teen-agers on Orkut without the need for international legal
accords. Google will also preserve for six months access logs of users
being investigated for illegal conduct. The arrangement is to be appreciated and we urge the
Indian Government to pressurise Google to accept a similar arrangement for
India.. Report in msnbc Cyber Justice In deed! July 5: In what should be one of the
first kind of punishments, a judge in in US gave a perfect Cyber Sentence
to two kids who committed an offence in physical space, filmed it and
posted it in You Tube as an "Achievement". The culprits were traced using
Cyber evidence trail they had left and in an interesting sentence the Judge
declared that the offenders have to tender an apology which should be
filmed and posted in You Tube. What is highly appreciable in this judgment is
that the Judge has realized that the offenders had an "Image" to protect in
the You Tube and perhaps would not feel the pain if they are given a
sentence only in physical space. The move would also teach a lesson to
other such youngsters who think that achievement in life is posting of some
daring (even if illegal) act on the You Tube.
Detailed
Article in post-gazette.com Impersonation of Film Personalities July 04:
Filmmaker Mahesh Bhatt and actor Paresh Rawal have complained to the city
police alleging that some unidentified persons are impersonating them on a
social networking site. It is reported that investigations are on. Jury Convicts Web Site Operator in P2P Case July 2: Daniel Dove, 26, formerly of Clintwood,
Virginia, faces a maximum sentence in prison for his participation in
EliteTorrents.org, a Web site that specialized in releasing copyright works
without authorization. EliteTorrents, which ceased operating in May 2005,
used BitTorrent peer-to-peer technology to distribute pirated copies of
movies, software, music and video games. A jury in U.S. District Court for
the Western District of Virginia was presented with evidence that Dove was
an administrator of a small group of EliteTorrents members known as "Uploaders,"
who were responsible for supplying pirated content to the group.
Article in NYT Techsavvy DGP in Karnataka July 1: Karnataka will have a new DGP from
today. Mr C Srikumar who is taking over as DGP/IG, is a technology wizard
of a rare kind who always finds a good way to use technology. During his
stint in KSPHC, he implemented e-Governance in the department to introduce
e-tenders and increased the profitability of the organization. During his
brief stint as acting DGP during the recent elections, he again showed his
magic touch in maintaining a statewide law and order information site to
report district wise incident reporting. Now Mr Srikumar will have 6 months
of uninterrupted stint as DGP and it is hoped that there will be a total
transformation of the Karnataka Police system. Naavi.org has long been suggesting an
online complaint registration system so that members of public can file a
complaint and take a complaint registration number online. This will
eliminate the power of the local police person to use his discretion and
reject registration of complaints. Once registered, the complaint can
be followed up by the system and force the relevant police officer to take
up investigation and file his report either for or against registration of
FIR. This will at least automate the process. This process will reduce corruption
and increase efficiency. Since all members of public may not be tech savvy
to file a complaint with say digitally signed complaints, it is necessary
to introduce a system where the complaint can be filed by a public spirited
person on behalf of the complainant using his digital signature. In such a
case, the person who assists in the complaint can be treated as an
"Intermediary" under the ITA 2000 having responsibility only to identify
the complainant with reference to some ID documents such as a ration card
etc. It may be noted that Srikumar as an
architect of the famed Cyber Crime Police Station in Bangalore introduced
an online complaint registration system with the use of Digital Signatures
(or at least provided for the same) way back in 2000. However the system
was promptly dismantled after his shift. We hope this time around he would
take steps to ensure that the good measures that he may take continue
even after his tenure. Naavi.org conveys its good wishes the
new DGP and look forward to long felt changes which citizens of Karnataka
are waiting for. Crime ware as a Service Model June 29: Experts are
predicting that trojans that download from legitimate websites (Refer
Deccan Herald incident reported here on June 19) will be a serious threat
in 2008 to the Cyber world. It is reported that the Olympics in China would
be used as an opportunity to distribute malicious trojans through
information sites. It is also reported that Criminals have started
extensive collaboration to the extent that after downloading one malicious
code, the user is often redirected to another malicious website. New real
time security monitoring services are therefore required for web based
activities in the coming days.
Report in BS
First Adjudication Application in South India filed June 26: Chennai which had
recorded the first conviction under ITA 2000 in India recorded another
first under ITA 2000 today. This was the first adjudication application
filed under Section 46 of ITA 2000. The application was made by an NRI
customer of ICICI Bank who has alleged that a contravention of ITA 2000 has
occurred resulting in an unauthorised entry into his account and withdrawal
of over 6 lakhs.
More :
Related Article in Deccan Chronicle
Where is ROC
Karnataka in Cyber Space? June 21: Registrar Companies is an important
department of any State Government and all existing and prospective
investors who would like to invest in the State would be visiting the site
for information on how to start and register a new limited company in the
State. In terms of the image of the State, it is therefore an important
department to be nursed by the State Government. Until some time back, the website of
Registrar of Companies, Karnataka had been hosted by NIC.
...As of date the site was not available and "page Not Found" error is
being displayed. This indicates the lack of interest by the department
which generally reflects the dis-interest in e-governance. It appears that the new
Government has appointed a new Principal Secretary in charge of
e-Governance who comes with a good reputation for innovation and hopefully
things would improve.
More It happens even in UK June 21: Naavi.org has repeatedly been pointing out that Police
especially in places like Bangalore are not eagerly pursuing cyber crime
complaints and are turning away complainants on some pretext or the other.
As a result one of Naavi's initiatives namely Cyber Crime Complaints and
Resolution Assistance Center has found it difficult to meet its objective of
helping Cyber Crime victims. Now it appears that the situation is no
different in UK as this report suggests.
Report in computeractive.co.uk Increasing Phishing Activities in India June 21: Vishal Dhupar, MD, Symantec India,
has in an interview to CIOL stted that there was an 18% increase in
Phishing mails during the first half of 2007 over the previous six months.
He stated that 196,860 unique phishing messages worldwide were detected by
the Symantec Probe Network during this period. What is alarming is
that according to the Symantec threat report released by on April 16,
2008, India was the fourteenth ranked country worldwide that hosts Phishing
websites. Mumbai ranked highest in India in terms of phishing sites with 38
percent. Following in second position in this ranking, is New Delhi with 29
percent, followed by Bangalore and Chennai with 12 percent each. There are three reasons why Phishing proliferates in
India. The first is the lack of security amongst the Banking sector. The
second is the lack of will for the Cyber Crime Police to pursue the cases
and the third is the lack of action by the "adjudicators". Naavi.org has
been trying to raise the awareness level amongst Bankers, Police and the
adjudicator's level to ensure that quick action is taken in casesof reported
phishing activities.
Report in CIOL Cyber Scam in Ahmedabad June 20: Chennai Police has arrested an 3rd year B
Com student from Ahmedabad who is alleged to have stolen credit card
information and made fraudulent purchases worth more than Rs 3 lakhs on
e-bay. The incident highlights the problems created by the online hacker
community sites which take pride in teaching people how to cheat online.
This should be thoroughly investigated and all those persons who can be
apprehended should be done so and charged.
Related Article in TOI Deccan Herald
Requires Cyber Law Compliance? June 19: Some time back, Naavi.org had reported
compromise of Indian Express website where in an banner advertisement was
used to divert the visitors to an alternate site. Now a more serious
incident has been reported on the Deccan Herald website alleging that the
site hosts at least three malicious codes. Google reported that "Of the 28
pages we tested on the site over the past 90 days, 3 page(s) resulted in
malicious software being downloaded and installed without user consent. The
last time Google visited this site was on 06/18/2008, and the last time
suspicious content was found on this site was on 06/17/2008". This alert was brought out when the site was visited with
the newly introduced browser Mozilla Firefox3. We thank one of our visitors
Mr Sameer Ahmed Khazi for having brought this to our attention. This
brings out the usefulness of the security plug in of this new browser.
See the alert
screens :
More State IPR Policy in Kerala June 18: A new chapter has been written in the history of IPR
legislation with the Indian state of Kerala taking a step to announce its
IPR Policy with an objective of protecting traditional knowledge such as
Ayurveda against the onslaught of globalization.
Report in
::Hindu Draft Policy Computer Abuse Act Invoked Against Cyber Bullying June 17: The Megan Meier suicide case in Missouri (US) where
the 13 year old girl committed suicide after being befriended and
rejected online by a 49 year old lady posing herself as a 16 year old boy
has attracted attention worldwide both for its tragic implications as
well as the legal aspects involved in the trial which is now on.
Now it is reported that Federal Prosecutors in California, have invoked the Computer Fraud and
Abuse Act of 1984, which is usually applied against hackers to punish
Lori Drew.
The prosecution has argued that the servers used by MySpace, which are
maintained in Los Angeles, (hence the location of the trial) were
violated by Drew and her unnamed co-conspirators who used false
information to set up the account and therefore broke the website's terms
of service. MySpace is not a party to the prosecution, but has not
reportedly protested against the action. Naavi.org appreciates the initiative taken by the
prosecutors in this regard though many legal experts may not be in
agreement with the approach of applying the Computer Abuse Act to the
case of Cyber Bullying. ..More Career Opportunities for Information
Security Professionals
According to a recent survey by ISACA, information security
managers are experiencing significant career momentum and move up
into management ranks and acquire more business-focused responsibilities.
The survey also revealed that the top five most common activities
performed by information security managers in their current positions are
risk management, security program management, data security, policy
creation, and maintenance and regulatory compliance.
Report in
newswiretoday.com It may be noted that while ISACA and other
institutions focus on providing knowledge inputs to professionals in the
area of Technical aspects of Information security, Naavi's Cyber Law
College focuses on the Techno legal aspects of Information security which
includes regulatory compliance. If a professional has to develop into a
well rounded Information Security professional, he needs to learn Cyber
Law and its impact on regulatory compliance. Cyber Law College is
providing this critical input to the Information Security.
Pakistani Cricket Official Sacked for E-Mail Leak June 13: In an incident reminiscent of the earlier
incident in India when an email sent by the then coach Greg Chappell to the
BCCI president was leaked to the press, former Pakistani
Test player Saleem Altaf as Director, Special Projects was sacked on charges
of leaking of his e-mail to Pakistani team manager Talat Ali, where he had
criticized the Pakistani team for their performance against India in the
Bangladesh tri-series. Pakistani Board officials reportedly said the
decision to sack Altaf came after the chairman ordered his telephone to be
bugged and recorded some eight hours of discussions he had with various
people. From the Cyber law angle, this case refers to
the publishing of one's own e-mail sent to another. This can be considered
as in-discipline under the Board's rules but not an offence under law.
However the "Tapping" of telephone could be considered as an offence under
law. This case reflects a tendency of some people to
resort to illegal means to prove what may otherwise be a legitimate cause.
In the process they end up making a bigger mistake than the accused and face
an awkward situation...
More e Bay
held Vicariously liable for selling Counterfeit goods June 11: The infamous Baazee.com (Now called ebay.in) case
where the CEO of Baazee.com was once arrested by Delhi Police on
application of the provisions of Section 67 of Information Technology Act
2000 (ITA 2000) has been a landmark case in India for ITA 2000 observers. In this context, the recent decision of a French Court
making e-Bay liable for selling Counterfeit goods and imposing a fine is
of significance. In this case eBay has been convicted of selling
counterfeit goods and ordered to pay $32, 497 (Approximately Rs 1.3
million) as damages to Hermes on charges that two counterfeit Herms bags
were sold on the site. The arguments which clinched the decision included "eBay is an active player in the
transaction because not only does it offer a number of services to
improve the sale, but when it does not work well enough or fast enough,
they intervene with the client," "They are perfectly informed of the
transactions since they take a percentage cut." Security specialists urge for Cyber
Crime laws in Qatar
Nasser al-Qahtani, an official at the Economic Crimes Prevention Division
of the Ministry of Interior, Qatar speaking in the first Doha
Conference on Information Security urged for
separate Cyber Laws to prevent Cyber Crimes.
He explained how “there are no separate laws,
but they are part of the penal code.” and described the difficulties faced with finding sufficient evidence for
prosecution, as the people who perpetrate these kinds of crimes are often
very intelligent and experts at covering their tracks.
ictQATAR Regulatory Authority’s legal and regulatory manager, Meegan
Webb, said that ictQATAR had been involved with the drafting of the
telecommunications law, as well as the draft e-commerce law which is
expected to be passed in the near future, but has no specific timeline.
She also said she wants to extend current laws to be able to cover
businesses operating outside Qatar, but conducting business within the
country. Details
at gulftimes US Supreme Court limits Patent Rights June 10: Close on the heels of the interesting judgement in the Autodesk-Vernor
case discussed below, another Court decision in US has tried to limit the
operation of Patent rights to prevent multiple royalties being charged. The case revolves around a long-time Supreme Court doctrine
that says the sale of an invention exhausts the patent-holder's right to
control how the purchaser uses it.
The decision
reaffirms the patent exhaustion doctrine, which entitles consumers to use,
repair, or resell patented products that they have purchased.
This
principle should now start reflecting on all IPR issues as the principle
"Once Sold, It is Sold". Limited or Restricted sale concepts in IPR
contracts will now be difficult to be protected. The principle upheld in the above two decisions therefore represents a
turning point in the history of IPR. ..
More Software.. is Sold not Licensed.. says US Court June 10: In a significant ruling, the District Court at Seattle
has upheld the rights of a software user to re-sell the software. The
company (Autodesk) contended that its products are licensed and hence the
licensee cannot sell it to another person. However the Court held that since
the terms of transfer did not necessitate "return" of the product to the
company, the transfer cannot can called a "License" but has to be held as a
"Sale". This case Autodesk Vs Vernor is bound to be a land mark case in the
copyright area since there is an unfair tendency amongst some software
sellers to prohibit further disposal of software by buyers.
Copy of the
judgement
Ahmedabad BPO accused of Data Theft
June 09: An Ahmedabad based BPO owner, Maulik Dave, has been accused of data theft
from a Florida-based company and selling them to its rival companies in the
US. His company Business Bee
Solutions worked for a Florida-based Company Noble Ventures Inc developing
and maintaining the website of Noble Ventures. Noble ventures itself is in
business of selling US Citizen's data to marketing companies. It has
been alleged that after the contract was cancelled, Mr Dave tapped
and sold 85 lakh records to some US companies. Based on a complaint from the
US company the local police have arrested Mr Dave and also seized his
computers. The total estimated loss claimed is around Rs 1 crore. ..
More
Details at TOI Related Story
in BNN June 09: Karnataka has recently
completed an eventful state elections. In one of the first of its kind in
India, the Karnataka State police put up a very informative website under
http://www.kspelections.com
containing day to day report on the law and order situation across the
state. The site is now under suspension since the elections are over
but the archived site is still available for the public to browse through.
This is perhaps one of the standing examples of a citizen centric
e-Governance initiative which should be a model for all other States.
More Rights of Police to see E-Mails and Chat Transcripts June 09: The much publicized Arushi murder case in Noida
threw up for discussion the rights and propriety of the Police going through
the private Internet conversation of the murdered Arushi and making the
contents public. This article in CIOL tries to discuss some aspects
sorrounding such a case.
Article in CIOL As per the opinion of Naavi, the collection of
information relevant to the investigation cannot be faulted but the
publication of the information particularly when the investigation was under
progress was not appropriate. By doing so they might have actually hampered the investigation. Unless the
police can defend their action by stating that they seeded the information
in public space so as to trap the real killer, there is no justification for
their action. According to Naavi remedy in this case should be sought as a "human rights
violation" since it amounted to character assassination of another person,
more so when the person is dead, more so when it is a young girl.
Is Nasscom Website off Air? June 09: The website
www.nasscom.in appears to be off air at 0845 am. It is not clear if this
is due to routine maintenance or hacking. It could also be due to domain
name problems. We await resumption of the site. The error message received
is given here.
at bloggers.net P.S: It has been reported that the problem was
due to a technical glitch. The site has since been restored.
Privacy Concerns in Indian IT law June 08: The 18th annual Computers, Freedom and Privacy (CFP)
Conference was held in the United States between May 20th and 23rd and
focused on Technology Policy Issues. Amongst other things discussions about
the status of Indian Privacy law int he light of the Black Berry issue came
for discussion. ..More ATM Fraud at Nagpur June 07: An employee of the Bank is reported to
have committed an ATM fraud in Nagpur by tapping a customer transaction and
re sending it to the machine to make it dispense cash once again. The fraud
has been committed by installing an interception device directly to the
electronic cable. Though the Bank has successfully resolved this case, had
the customer not perhaps complained quickly or had the fraudster removed the
device before being found out, it would have been extremely difficult to
prove the fraud and the loss would have perhaps been borne by the customer.
Normally in such circumstances the video from CCTV would be of assistance.
However some Banks do not maintain the CCTV recordings beyond 24 hours and
hence it would be of no use in most of the cases where the fraud comes to
light after one or two days. It is necessary for RBI to mandate that CCTV
recordings are kept for a period of at least one year to assist
investigations in such cases. Alternatively, the CCTV recordings can be
maintained in a black box from which the storage device is changed by an
agency other than the Cash changing agency at periodical intervals and
archived under the digital signature of the inspecting official.
Article in ET Cyber War threats to India June 07:
Sources from the Ministry of IT have confirmed that in the last 24 hours
"Low to medium intensity Cyber Intrusions into web servers maintained by
Indian Government have been reported". As in the past, CERT has stated
that this is a routine affair since everyday about 19 sites in India are
hacked. It is necessary
however to realize that the recent attacks are not from the "Script Kiddies"
who normally hack websites just for fun nor from Pakistan backed terrorists
but from China which appears to be specializing in Cyber Warfare. It is high
time that Indian security specialists try to develop a national Cyber
Security plan to meet this emerging new threat from China. Related
Article in dnaindia ::
Related article in ET ::
A scenario
from the future Mumbai Cyber Crime Police Station to Start Soon June
06: One of the Country's largest dedicated
Cyber Crime Police stations is coming into operation by end of June in
Mumbai
. VSNL Customers.. Beware of this Phishing Mail June 05: A mail with the subject line "UPGRADE YOUR
EMAIL ACCOUNT" sent from
teamgrade@gmail.com is being distribtued to vsnl e-mail account holders
with the object of phishing for the password. Users may ignore the same. In
the event they have already replied to the same take steps to change your
password immediately. It is possible that your account may be misused for
committing frauds. The body of the mail is as follows: "Dear
valued customer, AXIS Bank Phishing Mail June 04: Naavi.org has received a report about the
recent circulation of a phishing mail attacking Axis Bank customers. The mail comes from Axis Bank <customer.service@axisbank.com>
with the subject line **AXIS BANK ALERT** : Please Re-confirm Your Internet
Banking The mail reads as follows: During our regularly
scheduled account maintenance and verification procedures, we have detected
a slight error in your Account billing information. This might be due to
either of the following reasons: A recent updates in
our billing server ( Due to slightly problem ) Please
re-confirm your
Internet Banking by clicking the link below:
The police station, which will deal exclusively with cyber crimes, has been
set up in the Bandra Kurla Complex and will have four assistant
commissioner of police rank officials, four police inspectors, four
sub-inspectors, 32 assistant sub inspectors and 60 constables.
We are currently performing maintenance for our Digital Webmail Customers.
We intend upgrading our Digital Webmail Security Server for better
online services.
In order to ensure you do not experience service interruption,Please you
must reply to this email immediately and enter your password here (********)
and Check out your new features and enhancements with your new and improved
Vsnl Account,To enable us upgrade your Vsnl Account for better online
services please reply to this mail.
Thank You For Using Vsnl Account"
2. A recent change in your personal information ( i.e. change of
address).
3. An inability to accurately verify your selected option of payment
due to an internal error within our processors.
https://www.axisbank.co.in/BankAway/SignOn.aspx?RequestId=714870
Thanks for your advance help.
Note that the link provided in the mail actually links to a different site. Netizens may avoid responding to the same and in case they have responded, contact the Bank immediately to disable transactions until a new password is set.
A Woman Hacker Arrested by Chennai Police at Bangalore
June 04: It has been reported (Source: Deccan Chronicle Chennai) that the cyber crime cell of CB-CID, Tamil Nadu police, arrested a 25-year-old woman from Bangalore for allegedly hacking into the e-mail account of a defence employee from Nilgiris and misused his contacts for financial benefit. Police identified the arrested woman as Ritu Anderson aged 25, mother of a six-month-old child. According to Ms S. Mallika, superintendent of police, CB-CID, the police found that the hackers had impersonated as S.D. Paul a defence store keeper from Nilgiris and had sent an e-mail to his friend in Kuwait seeking Rs 75,000.
When his Kuwait friend informed Paul about the email, the latter lodged a police complaint about the impersonation. The CB-CID team, led by cyber cell deputy superintendent of police Balu, arrested three persons - Neville Philips (35) Peter Francis(42) and Peter Anderson (38) from Bangalore. Further investigations led them to Ritu, who was picked up for questioning and later arrested. “We have enough evidence to show that that Ritu was the brain behind the operation,” Ms Mallika said. Ritu, wife of another accused Peter Anderson, is a graduate with computer knowledge and had been involved in a similar case in Bangalore earlier. Ritu after coming to know about the email id and password of the complainant decided to use it ‘to generate’ funds with the help of the other accused. The accused then sent a mail to Mr Frank D’Souza, working in Kuwait seeking Rs 75,000, from the complainant’s id.
The above incident is a typical fraud in which the e-mail of a person would be hacked and all his contacts would be sent a mail saying that he is great trouble in a foreign country..lost his passport and wallet..etc and seek immediate help in the form of some money to be sent..
Chennai Police need to be congratulated in successful investigation of the case and hopefully it will be pursued for an early conviction.
Related Article: Baby held along with hacker family
"Get Rich" Schemes under Google Name
June 03: Google Adsense is a successful business model for publishers. It enables genuine content owners to monetize their content through ads served by the Adsense servers.
However, it appears that there is a proliferation of "Get Rich" schemes that are coming up across the globe which are becoming a source of concern.... More
God Fathers of Cyber Crime
June 02: As the world recognizes the risks of Cyber Crimes, the role of Crooked Intermediaries who proliferate Cyber Crimes by providing a safe haven for criminals in the form of secure hosting services, domain name services etc needs to be assessed. These Russia's Russian Business Network is considered one of the most notorious service providers who provide refuge to more than 50% of the global Cyber Criminals. Now it appears that a network 3322.org in China is also trying to gain a pride of place in this notorious world of Cyber Crimes. This is said to be hosting facilities for launching over 10000 malicious codes (Viruses) in the Internet. One such virus was recently identified in US where a dangerous code "Poison IVY" was found in an attachment sent in the name of Pentagon to one of their vendors. Related Article in Business Line :
Regulators and Security specialists need to address this issue of how to check the proliferation of these "Rogue ISPs" whose sole aim is to make money at any cost. Naavi.org has recently brought to the notice of CERT-In about the existence of one such "Rogue Site" specially aimed at corrupting the young kids in India with a request to disable the operations of this site. There appears to be a need for a more concerted national initiative in this regard and we are looking forward to emergence of a "National Security Forum" in India for this purpose
BSE Fights Over Sensex URL
June 1: BSE is facing a Trademark litigation on the right to the use of the word "SENSEX". Deccan Chronicle which launched its Bangalore Edition today has reported about a similar dispute which BSE has raised against a domain name owner. Report in Deccan Chronicle
Copyright Defendants Take law Into Their Own Hands
June 1: Media Defenders a company providing anti-piracy solutions has allegedly launched a denial of service attack on revison3.com as a part of their anti piracy drive. According to Revision3 sources "Revision3 runs a tracker expressly designed to coordinate the sharing and downloading of our shows. It’s a completely legitimate business practice, similar to how ESPN puts out a guide that tells viewers how to tune into its network on DirecTV, Dish, Comcast and Time Warner, or a mall might publish a map of its stores".
According to other reports, Media Defense uses “its array of 2,000 servers and a 9GBps dedicated connection to propagate fake files and launch denial of service attacks against distributors.”
This denial of service attack is yet another incident of how the Copyright lobby is arrogating to itself the law to hurt another without a proper legal process. The action of Media Defense is nothing different from that of a Naxalite or a Terrorist who has his own reasons to strike at another bystander. This tendency needs to be checked.
Related Article in bloggersnewsnet : Article in revision3.com
Baazee.com Case Clarification
June 1: In partial modification of the earlier report on the Baazee.com case, it is now clarified in a new report at Indlaw that the case against the corporate entity of Baazee.com continues with charges under IPC Sections 292(2) (a) [Selling] and 292 (2)(d) [Advertising] along with Section 67 of ITA 2000. Charges under Section 294 on the Company has been dropped. However, charges on Mr Avnish Bajaj under Section 292 of IPC as an individual has been dropped. The charges under Section 67 of ITA 2000 read with Section 85 of the ITA 2000 as applicable to individuals will remain. Report in Indlaw
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PR Syndicate honours 'Cyber Law Guru of India', Na.Vijayashankar PR Syndicate, (an organization of Corporate PR Professionals in Chennai,) celebrated its First Anniversary on 20th January 2007 at Russian Cultural Centre. On the occassion, "Award of Excellence in Public Life" was presented to 'Cyber Law Guru of India' Na.Vijayashankar...More |

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Naavi's latest book "Cyber Laws Demystified" was soft launched at the Nimhans Convention Center during the Indian Police Congress. The book is a comprehensive coverage on Cyber Laws both ITA-2000 as well as IPR and other issues. Structured into 24 chapters it also covers the proposed amendments to ITA-2000 in detail as an appendix. A copy of the Information Technology Act 2000 is also appended to the book. The book also has several individual chapters on the legal issues of Cyber Banking, Cyber Advertising, Cyber Taxation and Cyber Terrorism. The book is priced at Rs 750/-. For Enquiries and Bulk orders click here. : |
What is Naavi.org?
Naavi.org is India's premier portal on Cyber Law. It is not only an information portal containing information on several aspects concerning Information Technology Law in India but also represents the focal point of several services around Cyber Law carried on by Naavi.
The first such service is the Cyber Law College a virtual Cyber Law education center in India which provides various courses on Cyber Law.
The second key service is the Cyber Evidence Archival center which provides a key service to help administration of justice in Cyber Crime cases.
The third key service is the domain name look-alikes dispute resolution service which provides a unique solution for websites with similar looking domain names to co exist.
The fourth key service is the online mediation and arbitration service another unique global service.
The fifth key service is the CyLawCom service which represents the Cyber Law Compliance related education, audit and implementation assistance service.
Additionally, Naavi.org is in the process of development of four sub organizations namely the Digital Society Foundation, Naavi.net, International Cyber Law Research Center and Cyber Crime Complaints and Resolution Assistance Center. Digital Society Foundation is a Trust formed with the objective of representing the voice of Netizens in various fora and work like an NGO to protect their interests. Naavi.net is meant to develop a collaborative distributed network of LPO consultants. International Cyber Law Research Center would support research in Cyber Laws and Cyber Crime Complaints and Resolution Assistance Center would try to provide some support to victims of Cyber Crimes.
Together, Naavi.org represents a "Cyber Law Vision" that goes beyond being a mere portal. Started in 1997, when the concept of Cyber Law was new across the globe, consistent efforts over the last decade has brought Naavi.org to the beginning of "Phase 2" in which the services are ready to reach out to a larger section. This is recognized as the phase of collaborations and growth by association. Naavi.org will therefore be entering into a series of associations to develop each dimension of its vision with an appropriate partner. Individuals, Organizations and Commercial houses which have synergistic relationship with the activities of Naavi.org are welcome to join hands in commercial and non commercial projects of Naavi.org.
Naavi
PR Syndicate honours 'Cyber Law Guru of India', Na.Vijayashankar
PR Syndicate, (an organization of Corporate PR Professionals in Chennai,) celebrated its First Anniversary on 20th January 2007 at Russian Cultural Centre. On the occassion, "Award of Excellence in Public Life" was presented to 'Cyber Law Guru of India' Na.Vijayashankar...More
Naavi's latest book "Cyber Laws Demystified" was soft launched at the Nimhans Convention Center during the Indian Police Congress. The book is a comprehensive coverage on Cyber Laws both ITA-2000 as well as IPR and other issues.