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<blockquote>
<p align="justify"><b>CERT-IN to develop an Early Warning System for website
security</b></p>
<p align="justify"><b>March 28:</b> Cert-In, DIT’s cyber security arm, has
tied up with the national cyber security centre of the Republic of Korea and
the national computer board of Mauritius to develop advanced warnings
and alerts on cyber attacks by analysing internet traffic patterns.
<a href="http://economictimes.indiatimes.com/Infotech/Cyber_crime_Govt_plans_early_warning_system/articleshow/2908456.cms"
style="color: #22229C">Report in ET</a><br>
</p>
<p align="justify"><b>US Court Assumes Jurisdiction on Foreign Domain Name
Registrants</b></p>
<font size="2">
<p align="justify"><font face="Arial,Helvetica,sans-serif"><b>March 26, 2008:
</b>A recent decision by the United States District Court for the District of
Virginia held it had 'In Rem Jurisdiction' over domain name registrants that
were located in a foreign country and had been accused of Cyber squatting in
Virginia. Even though this was not a contested case and the plaintiff was
granted summary judgment, this decision is a great precedent on the
interpretation of the US Anti-cybersquatting Act and US Courts" jurisdiction
on foreign cybersquatters.
<a href="http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2020"
style="color: #22229C">
Article at ibls.com</a></font></p>
</font>
<p align="justify"><b>Cyber Crimes Threat Increases in 2008</b></p>
<p align="justify"><b><font size="2">March 22, 2008: </font></b>Some 2.5
million new types of malicious programme have been launched in the past two
months alone – more than the previous 15 years put together, according to the
latest data from the security firm Trend Micro.</p>
<p align="justify">According to the yet to be released report of which a
preview was made available, it is reported that to circumvent security
measures in signing up free email accounts, a criminal group set up a
high-tech sweat shop in India to process the part of the application that
cannot be done automatically.</p>
<p align="justify">Another alarming observation is that hardware is starting
to become infected in the manufacturing process, before it has even left the
factory. It is reported that there have been recorded problems with
Apple iPods, TomTom satnavs and, most recently, digital picture frames. </p>
<p align="justify">
<a href="http://www.independent.co.uk/news/business/analysis-and-features/cyber-crime-stays-one-step-ahead-799395.html"
style="color: #22229C">
Related Article</a></p>
<p align="justify"><b>Google Loses Trademark Battle</b></p>
<p><b><font size="2">March 22, 2008: </font></b>The Office for Harmonisation
in the Internal Market (OHIM), the body which is responsible for European
community trademarks, rejected Google's appeal after a stiff battle with
German-born venture capitalist
<a href="http://www.giersch.com"
target="_blank" style="color: #22229C">Daniel Giersch</a>. who has held his trademark for six
years.The German entrepreneur founded a same-day mail delivery service called
<a href="http://www.gmail.de" target="_blank" style="color: #22229C">GMail</a> designed to offer a
swifter alternative to the Deutsche Post. Google has always argued the two
names are not confusingly similar. The company even offered to buy the
trademark rights from Giersch for $250,000, but the German entrepreneur
declined. He called Google's behaviour "very threatening, very aggressive and
very unfaithful". </p>
<p>The decision highlights the inevitability of co-existence of
trademarks and domain names and the use of services such as lookalikes.in to
resolve consumer confusion.</p>
<p>
<a href="http://www.theregister.co.uk/2007/01/31/google_looses_trademark_battle/"
style="color: #22229C">
Related Article</a> </p>
<p align="justify"><b>Global Cyber Crime Cooperation</b> </p>
<p><b><font size="2">March 21, 2008: </font></b>A Strategic Alliance Cyber
Crime Working Group has been formed by law enforcement in USA, Canada, New
Zealand, the United Kingdom, and the United States. The group will fight
cyber crime in a synergistic way by sharing intelligence, swapping tools and
best practices, and strengthening and even synchronizing their respective
laws. <a href="http://www.govtech.com/gt/276683?topic=117671"
style="color: #22229C">Report</a> </p>
<p align="justify"><b>Blackberry Issue raises concerns on Security dilution</b></p>
<p align="justify">This is, perhaps, the first time that the government is
admitting to intercepting electronic communication. Blanket power to intercept
emails will probably end up diluting the legal validity of encrypted
communication in an age when privacy is of utmost importance to corporate and
individuals. ...<a
href="http://www.business-standard.com/common/news_article.php?leftnm=lmnu9&subLeft=2&autono=316570&tab=r"
style="color: #22229C">More
in BS</a></p>
<p align="justify"><b>Phishing on the Increase</b></p>
<p align="justify">Phishing is no longer what it used to be. While the
objective has now bent towards financial gain, the methods or techniques have
become even more deadly. Phishers now are extensively using this technique to
install spyware, Trojans, worms and viruses..<a
href="http://www.expresscomputeronline.com/20080310/market05.shtml"
style="color: #22229C">A report
in Express Computers</a></p>
<p align="justify"><b>Superiors can be pulled up for staff's illegal
activities</b><br>
<br>
<b>A</b>ny cyber crimes committed with the company’s computer resource,” says
Na Vijayashankar, a Bangalore-based e-business consultant and cyber law
expert. <b>...
<a href="http://economictimes.indiatimes.com/LiveITUP/Superiors_can_be_pulled_up_for_staffs_illegal_activities/articleshow/2838381.cms"
style="color: #22229C">
Artilce in ET</a></b></p>
<p align="justify"><b>Was the You Tube attack a Cyber Terrorist attack?</b></p>
<p align="justify">A few days back You Tube site was temporarily disabled in
what was then thought to be a mistake by an ISP. It is however speculated now
that it was in deed a planned DOS attack launched in retaliation of You Tube
hosting a Video of the trailer to a Dutch documentary that claimed that
Islamic doctrine is an "inspiration for intolerance, murder and terror." which
was considered objectionable by some terror outfit. It is now reported that
You Tube has removed the video under dispute. If so, this would go down as a
major Cyber terror strike which even a giant company like You Tube was unable
to resist.
<a href="http://www.newsbusters.org/blogs/warner-todd-huston/2008/03/02/free-expression-quashed-youtube-removes-blasphemies-against-isla"
style="color: #22229C">
Article in newsbusters.org</a></p>
<p align="justify"><b>Did Microsoft and Intel Cheat the Public?</b></p>
<p align="justify">It is now being revealed in an investigation that when
Vista OS was released, Microsoft and Intel agreed to put a "Vista Ready"
label on Intel 915 motherboards though it was known that it did not have the
required graphic capability. This was done to enable Intel protect its
quarterly earnings though both companies knew that they were taking the public
for a ride. The responsibility for the decision to pass 915 chipset as "Vista
capable" is now taken by Microsoft though Intel was the main beneficiary. To
curb such obnoxious practices in businesses, both the giants need to be
punished appropriately.
<a href="http://www.news.com/8301-13579_3-9882376-37.html?tag=newsmap"
style="color: #22229C">
Detailed report at news.com</a></p>
<p align="justify">Cyber Law observers may note how e-discovery provisions and
undigitally signed e-mails have been used as evidence in this case.</p>
<p align="justify"><b>Blocking of You Tube Turns into a DOS attack</b></p>
<p align="justify">Pakistani ISP PieNet attempted to block You Tube in the
country on the directions of the Government. It is however understood that the
blocking was tried to be achieved by re-directing the youtube incoming traffic
back to you tube. This became denial of service attack shutting the site off
for two hours and eventually leading to the You tube blocking out Pakistan to
continue its service.</p>
<p align="justify">Though unintended the incident demonstrates the lack of
vision of the technical personnel who tried to handle the blocking of the site
through reflecting back the incoming traffic.</p>
<p align="justify">
<a href="http://tech.blorge.com/Structure:%20/2008/02/25/pakistan-goes-offline-after-almost-killing-youtube/"
style="color: #22229C">
Report in blorge.com</a></p>
<p align="justify"><b>"Global Warming Conference" and Nigerian Fraud</b></p>
<p class="txt" id="font_text">Two left Trade Union leaders P K Ganguly
and M K Pandhe who wanted to participate in an international global
warming conference but ended up being cheated of 300 pounds.becoming victims
of the Nigerian e-mail scam...<a
href="http://www.ibnlive.com/news/nigerian-gang-cheats-left-wing-of-300-pounds/58546-3.html"
style="color: #22229C">report
in ibnlive.com</a></p>
<p align="justify"><b>"Second life" could be used by Terrorists</b></p>
<p align="justify">Cyber war specialists have now come to recognize the
potential of the "Virtual Game" sites such as the "Second life" to be misused
by terrorists. The problem arises due to importance given by these websites on
the "Privacy" of individuals which provides a good camouflage for the
underworld to operate as online avatars and use the freedom for their
nefarious activities. Security specialists should therefore try to find out
solutions to prevent such misuse...
<a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/02/05/AR2008020503144.html"
style="color: #22229C">
Related Article</a></p>
<p align="justify"><b>Copyright Needs Boundaries</b></p>
<p align="justify">The controversy of whether the online game "Scrabulous"
violates copyright of the owners of the toy "Scrabble" raises the issue of the
limits that needs to be placed on the concept of Copyright. May be the idea of
the scrabble game might have been used in Scrabulous. But is the online
version a clone of the "Expression"?. If this argument is accepted then use of
online Cricket or Football or Baseball or Chess would also be adaptations of
the original expressions. There is need for the society to progress forward
without such narrow interpretation of the copyright provisions. Creating an
online version of a "game" idea should be considered as either as a fair
use or as a matter outside the Copyright and falling under the
patent right.
<a href="http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=196373&version=1&template_id=40&parent_id=22"
style="color: #22229C">
Report in gulftimes</a></p>
<p align="justify"><b>More Cyber Crime Units to come up in Tamil Nadu</b></p>
<p align="justify">The Tamil Nadu Police which has made substantial progress
in the prosecution of Cyber Crimes has announced that they would open more
Cyber Crime Police stations in the State. The DGP of Tamil Nadu has stated
that within the next six months, Cyber Crime Units will start functioning in
Madurai and Coimbatore and in due course every district will have a Cyber
Crime unit. Naavi.org has been urging for setting up of one Cyber Crime unit
in every district of India and welcomes the initiatives taken by Tamil Nadu.
Hopefully this will be an inspiration for other states also to take similar
actions. The then Home Minister of Karnataka Sri M P Prakash had announced
some time back that a Cyber Crime cell would be started in Hubli. We hope that
this will become a reality during the Governor's rule.
<a href="http://www.chennaionline.com/colnews/newsitem.asp?NEWSID={32295ABC-5BC9-41FA-9ACE-333323B0BF6C}&CATEGORYNAME=CHN"
style="color: #22229C">
Report in Chennaionline</a></p>
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<p align="justify"><b>Chennai Police Score Another Cyber Crime Conviction</b></p>
<p align="justify">Close on the heels of a confirmation of Section 67 (ITA
2000) conviction in an appeal court, Chennai Police obtained an important
conviction in the celebrated case of Dr L Prakash who had been accused of
supplying obscene electronic pictures to a foreign wbsite. This case was
registered in 2001. He has been awarded life sentence..
..<a
href="http://www.ibnlive.com/news/chennai-doctor-guilty-in-pornography-racket/58321-3.html"
style="color: #22229C">Report
in CNN-IBN</a> :
<a href="http://www.newstodaynet.com/newsindex.php?id=4790 & section=7"
style="color: #22229C">About
Sentence..report in NewsToday</a></p>
<p align="justify"><b>Zapak.com accused of Trademark violation/Defamation</b></p>
<p align="justify">In an interesting observation, it is reported that the
Reliance controlled Zapak.com uses online game situations to boost Reliance
brand image and decry Vodafone and Airtel.
<a href="http://economictimes.indiatimes.com/Infotech/Is_Zapak_taking_potshots_at_telcom_firms_another_game/articleshow/2751957.cms"
style="color: #22229C">
Report in ET</a></p>
<p align="justify"><b>Phishing is Hacking</b></p>
<p align="justify">The power of Indian Cyber Law is manifest in the definition
of the Section 66 offence which covers a wide range of Computer and Internet
Crimes. The recent concern of the Netizens is the "Phishing Attacks". Most of
the time the attack ends up with a fraudulent withdrawal of money froma Bank
account. In view of the end result we often see only the "Fraud Dimension" of
the Phishing attack.These attacks consist of the following components.</p>
<blockquote>
<p align="justify">1.Forging of e-mail headers</p>
<p align="justify">2.Spamming under the false name</p>
<p align="justify">3.Creation of pseudo websites/web page which appear similar
to the better known Bank site</p>
<p align="justify">4. Using the stolen password for entering the real Bank
system to withdraw money.</p>
</blockquote>
<p align="justify">Under Section 66 of ITA 2000, these could be recognized as
an offence not withstanding the offences that may be recognized under IPC.
Victims would rather prefer action under ITA 2000 since it also simplifies the
recovery of damages through adjudication proceedings... Naavi</p>
<p align="justify"><b>Chennai Cyber Crime Police achieve another landmark</b></p>
<p align="justify">on 5th November 2004, Chennai Cyber Crime achieved a
historical conviction under Section 67 of ITA 2000 in the Court of the
Assistant Metropolitan Magistrate under case no 4680/04. This was the
first conviction under ITA 2000 and the accused had been sentenced to a total
of 5 years of imprisonment which included 2 years under Section 67 of ITA
2000, 2 years under Section 469 of IPC and 1 year under Section 509 of IPC.
The case hinged on the evidence produced by Naavi under the Cyber Evidence
Archival Center (www.ceac.in) . The case had been investigated meticulously by
S Balu the then ACP in charge of the Cyber Crime Cell, Chennai.</p>
<p align="justify">The case established several guiding principles
namely the investigation and conviction simultaneously under ITA 2000 and IPC,
acceptance of evidence under Section 65B of IEA, Acceptance of evidence from
CEAC, recognition of the concept of "Forgery" in the sending of a message
under a different person's name as well as the forensic aspects of a crime
committed through electronic documents.</p>
<p align="justify">The accused had preferred an appeal and the City Civil
Court delivered its judgment on the appeal on 23rd January 2008 confirming the
conviction and completely vindicating all aspects of investigation in the land
mark case. The sentence however was reduced from 5 years to a modest 8 months
and the accused has been released since he ahs already served the sentence. </p>
<p align="justify">Chennai Cyber Crime Police can now be proud of being the
first Cyber Crime Police Station in India to successfully defend the
conviction under ITA 2000 on appeal. </p>
<p align="justify"> Copy of the judgment can be accessed
<a href="cl_editorial_08/suhas_katti_appeal.pdf" style="color: #22229C">here</a> (PDF document 8MB)</p>
<p align="justify"><b>CEO s shaken by the Supreme Court verdict</b></p>
<p align="justify">
<span style="font-weight: normal; color: #000000; line-height: 18px"
id="test" name="test">After the unfortunate incident involving rape and murder
of Pratibha Srikant Murthy on December 13, 2005, the police in Bangalore had
filed an FIR accusing </span>
<span style="font-weight: normal; color: #000000; line-height: 18px"
id="test0" name="test">Som Mittal, managing director of Hewlett Packard Global
Soft Ltd,f of violating statutory orders .</span><span
style="font-weight: normal; color: #000000; line-height: 18px" id="test1"
name="test">the 2002 order of the state government prohibiting night shift for
women. </span></p>
<p align="justify">
<span style="font-weight: normal; color: #000000; line-height: 18px"
id="test0" name="test">Mr Mittal's plea for quashing of FIR had been
earlier rejected by the Karnataka High Court and further by Supreme Court on
30th January. Mr Mittal who is also the President of Nasscom might have been
reminded of the plight of Mr Avnish Bajaj CEO of Baazee.com who was arrested
under ITA 2000 a few years back. At that time Nasscom had vehemently
supported Mr Bajaj and lobbied with the Government so that ITA 2000 was
amended.</span></p>
<p align="justify">Do we now see a demand for changing the provisions of
Section 304 A of IPC? which says " <b>304A. Causing death by negligence
: </b>Whoever causes the death of any person by doing any rash or negligent
act not amounting to culpable homicide, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both."</p>
<p align="justify">It must be remembered that the decision only means that the
proceedings can be launched against the CEO for negligence which lead to the
death. Of Course, the ultimate decision of whether the person is guilty or not
depends on whether the CEO was negligent. This depends on what action the CEO
had taken at that time to prevent the type of happening that caused the death.
In case the CEO had initiated all actions that a "Prudent person under similar
circumstance would have done", then he should be absolved of the liability. </p>
<p align="justify">The case would however be a trend setting case which would
perhaps define the concept of "Due Diligence and its limitations. This
will also apply to Cyber Crime cases and hence is of interest to Cyber Law
observers.</p>
<p align="justify">We however record our profound sympathies both with the
family who lost the loved one as well as Mr Som Mittal for whom the incident
has caused extreme misery.</p>
<p align="right">
<a href="http://timesofindia.indiatimes.com/India/BPO_chief_to_face_action_for_violating_night_shift_norms/articleshow/2744543.cms"
style="color: #22229C">
Related Article in TOI</a></p>
<p align="justify"><span id="test"
style="FONT-WEIGHT: normal; FONT-SIZE: 14px; COLOR: #000000; LINE-HEIGHT: 18px; FONT-FAMILY: Arial, Helvetica,sans-serif"
name="test"><br>
</span><b>Victims of Cyber Investment Crimes now have a helping
hand</b></p>
<p align="justify">In order to empower the victims of Cyber Crimes in the
online investment area and to protect the online investors, Naavi has
initiated an action plan through the formation of "Online Investor's
Association of India". In a press conference to announce the launch, Naavi
said that several follow up initiatives have been planned starting with
representing to various agencies such as the Governments, Police and
Adjudicators so that Cyber Investment Crimes are taken cognizance of as Cyber
Crimes and relief provided to the investors through available legal remedies.
(<a href="http://www.oliai.in/activities/press_release_oliai.pdf"
style="color: #22229C">Copy of
Press Release available here</a>)</p>
<p align="justify"><b>The Days of Information Insurance are Here</b></p>
<p align="justify">Naavi.org has been long advocating that Insurance
industries are required to work out insurance products to protect information
users against risks arising out of data loss and cyber crimes. Even in
the context of the launching of the Online Investor's Association of India (www.oliai.in),
Naavi highlighted the need for employee's cyber crimes being covered under
some insurance programmes so that victims can stand protected. In the light of
the above it is heartening to note that some insurance companies such as HDFC
Insurance, TAta AIG, and ICICI Lombard have started offering such
insurance as indicated by this ET report.
<a href="http://economictimes.indiatimes.com/BPOs_IT_cos_scout_for_cyber_insurance/articleshow/2739448.cms"
style="color: #22229C">
The report</a></p>
<p align="justify"><b>Is "Cyber Law" a Trade Mark?</b></p>
<p align="justify">In an amusing development it appears that a lawyer in USA
has applied for a :Service Mark registration for the word "Cyber Law". This as
much reveals the ignorance of the applicant on the legal aspects of Trade Mark
as well as the greedy ness fueled by the IPR legislation.
<a href="http://www.groklaw.net/article.php?story=20080120102550386"
style="color: #22229C">More
information available here</a> :<a
href="http://www.groklaw.net/article.php?story=20080120102550386"
style="color: #22229C">Read More
Comments here: </a></p>
<p align="justify"><b>Online Investor's Association of India</b></p>
<p align="justify">Naavi.org has been receiving many Cyber Crime complaints in
recent days involving online investments. First it was the Swisscash.net
investors. Then it was the investors through online broking. Now several
investors in Banks have been complaining of having been victimized by online
frauds.</p>
<p align="justify">The common problem that most of these victims are facing is
that the Cyber Crime Police Stations are avoiding booking of cases stating
that they come under the jurisdiction of the normal police stations. Normal
police stations are however reluctant to accept the complaints since they feel
that there is a specially trained manpower in Cyber Crime Police stations to
handle such cases and they should handle these cases. As a result the victims
are not getting the required attention.</p>
<p align="justify">In a few instances where SEBI has been notified, the
response has not been adequate to redress the grievance of the victims. Even
the Stock Exchanges have been not fully cooperative when an individual
investor takes on a powerful broker.</p>
<p align="justify">It is also found that in some of the online investment
frauds, the victims are NRIs who cannot pursue their cases physically with the
Police stations or Courts.</p>
<p align="justify">In order to enable these victims get better justice from
the system, Naavi.org proposes to start an "<a
href="http://www.oliai.in" style="color: #22229C">Online
Investor's Association of India</a>" (OLIAI). This will be supported by
<a href="http://www.ccc-rac.in" style="color: #22229C">CCC-RAC</a> (Cyber Crime Complaints and
Resolution Assistance Center) and other services of Naavi.org. We have also
sought the assistance of Dr Kiran Bedi's new initiative on Police reforms (<a
href="http://www.saferindia.com" style="color: #22229C">Saferindia.com</a>).</p>
<p align="justify">We welcome all like minded individuals to join Naavi and
make this initiative a success. Naavi can be contacted at
<a href="mailto:naavi@vsnl.com" style="color: #22229C">naavi@vsnl.com</a> or +91 9343554943. More
details and developments will be available on the website
<a href="http://www.oliai.in" style="color: #22229C">www.oliai.in</a> which will soon be
functional.</p>
<p align="justify"><b>Plea bargaining used for a Section 67 case</b></p>
<p align="justify">In what can be considered a first in the history of Cyber
Crimes in India, a case in Pune under Sec 67 of ITA 2000 is reported to have
been settled under the "Plea-Bargaining" provision under Section 265 of CrPc.
In this case the accused was a woman
<span style="font-weight: normal; color: rgb(0, 0, 0); line-height: 18px"
id="test" name="test">and had reportedly posted an obscene profile of her
friend in Orkut with mobile number as she was angry with her friend being
close to the man she loved. </span>The accused has been let off without any
imprisonment but a bond of good behaviour for 2 years and a payment of Rs 2.75
lakhs as compensation to the victim.
<a href="http://timesofindia.indiatimes.com/Pune/Woman_escapes_with_minor_charge/articleshow/2700175.cms"
style="color: #22229C">
Report in TOI</a></p>
<p align="justify">What is interesting in this case is that the decision has
been at variance with ITA 2000 on two counts. According to Sec 67 of ITA 2000,
the offender "Shall be punished" with imprisonment and the fine in the first
instance is Rs 1 lakh. Civil compensation is not envisaged under ITA 2000 and
is a subject matter of Section 43. Obviously, the CrPc amendment has been
applied overriding the ITA 2000 provisions.</p>
<p align="justify">According to ITA 2000, its provisions will apply
<span style="font-size: 12.0pt; font-family: Times New Roman; color: black">
"notwithstanding anything inconsistent therewith contained in any other law
for the time being in force.". </span></p>
<p align="justify">
<a href="http://www.legalserviceindia.com/articles/plea_bar.htm"
style="color: #22229C">Plea
bargaining in India</a> : Amendment to CrPc</p>
<p align="justify"><b>Rs 20 Crore damages Claimed for Cyber Injustice</b></p>
<p align="justify">The software engineer of Bangalore who had to face the
humiliation and torture of having to spend 50 days in Yerawada jail because of
the mistake of Bharati Airtel and Pune Police has reportedly sued for damages
to the extent of Rs 20crores.
<a href="http://timesofindia.indiatimes.com/Techie_sues_cell_co_cops_over_wrongful_detention/articleshow/2697494.cms"
style="color: #22229C">
TOI report</a></p>
<p align="justify">This should make other ISPs and Cyber Crime Police stations
to wake up and stop cooking up false cases on individuals. </p>
<p align="justify"><b>Related Article:
<a href="http://www.naavi.org/cl_editorial_07/edit_nov_10.htm"
style="color: #22229C">Error by Pune
Police brings discredit to ITA 2000</a></b></p>
<p align="justify"><b>Kiran Bedi's Initiative</b></p>
<p align="justify">Kiran Bedi the renowned Police officer who resigned
recently from service has embarked on a career of public service. During here
distinguished service Ms Bedi was not only considered an efficient police
officer but also an honest public service minded officer. It is reported that
Ms Bedi is taking up an initiative to bring about long awaited reforms in the
Police system and to provide support to crime victims by acting as a bridge
between the victims and the Police.</p>
<p align="justify">Naavi.org has been consistently working with a similar
objective in the field of Cyber Crimes and welcome Ms Bedi's initiative. More
info at <a href="http://www.saferindia.com" style="color: #22229C">www.saferindia.com</a> (Please
note that the web address is "saferindia" and not "safeindia" as has been
reported in some press.)</p>
<p align="justify">This initiative includes a mechanism to record complaints
which the Police are rejecting to register. We have come across umpteen number
of cases in Cyber Crimes which the Police refuse to register and we hope Kiran
Bedi's initiative will help Cyber Crime victims also to ensure that their
grievances reach the relevant authorities.</p>
<p align="justify">Related article:
<a href="http://www.dnaindia.com/report.asp?newsid=1143000"
style="color: #22229C">DNA</a></p>
<p align="justify"><b>More Cyber Crime Cells?..Will it help?</b></p>
<p align="justify">Maharashtra is reportedly setting up 9 more Cyber Crime
cells in the state to handle cases under ITA 2000. While the attention paid by
the Government on Cyber Crime prevention is welcome, it is necessary that the
Cyber Crime Cells are structured appropriately so that they can handle any
Cyber Crime even when the crime comes under sections of IPC. At present Cyber
Crime Police stations such as the one in Bangalore restrict their activity to
only cases which come under the sections of ITA 2000 only. If therefore a
crime is committed using a computer but falls under say "Fraud" under IPC, the
case will be considered as outside the jurisdiction of the Cyber Crime
Police Station.</p>
<p align="justify">Since the expertise of the Cyber Crime police staion/cell
would be required to assist investigation of all crimes involving computers,
it is necessary to structure the Cyber Crime cells as "Investigative" and
"Consultancy" cells which support normal police stations so that Cyber Crime
cases can be booked by any police station.</p>
<p align="justify">It is also necessary to introduce the system of
registration of Cyber Crimes through digitally signed online messages and
there should be no delay or discretionary rejection in registering complaints. </p>
<p align="justify">Let's hope that Maharashtra Police will set in this new
trend through the newly planned Cyber Crime cells.
<a href="http://timesofindia.indiatimes.com/Pune/Nine_cyber_crime_cells_mooted/articleshow/2691386.cms"
style="color: #22229C">
Related Article</a> </p>
<p align="justify"><b>One More ICICI Phishing Case reported</b></p>
<p align="justify">The Cyber Crime Complaints and Resolution Assistance
Center, ( <a href="http://www.ccc-rac.in" style="color: #22229C">www.ccc-rac.in</a> ) has received
another complaint from an NRI stating that more than Rs 6 lakhs has been
fraudulently withdrawn from his account after the recent phishing attack on
the customers of ICICI Bank. In this case the withdrawn amount has been
transferred to another account in the Bank at Mumbai before being withdrawn. </p>
<p align="justify">Naavi.net invites affiliation from advocates in Tamil Nadu
and Mumbai who are interested in handling litigation of this type to redress
the grievances of the victims through appropriate legal measures.</p>
<p align="justify"><b>Freelancer Frauds on Internet</b></p>
<p align="justify">Naavi.org has been suggesting a mechanism for accreditation
of online job seekers and job offerors through the system of education
commitment and registration. (<a class="l"
href="http://naavi.org/cl_editorial_03/edit_23_feb_03_01.html"><b>Ref: E</b>-Entrepreneurship
Development Cell required</a>). Absence of such a facility often helps
unscrupulous persons taking Internet service buyers or sellers for a ride. A
case of this nature has been reported at CCC-RAC (Cyber Crime Complaints and
Resolution Assistance Center) where in an US buyer of a net service through
freelancers.com has been apparently cheated by some person in Kolkata. In the
interest of developing trust in e-contracts and e-business we need our Police
to take up the case and take suitable action against the suspect. I would like
to know if any public spirited lawyer from Kolkata can assist CCC-RAC in
following up the issue.</p>
<p align="justify"><b>Nigerian Fraud Alert</b></p>
<p align="justify">One of the recent tactics used by Fraudsters of Nigerian
fame is to send a copy of the cheque stated to have been kept ready for
delivery to you if you make the payment of the advance fee.
<a href="cl_editorial_08/CHEQUE_DEEPAK_BOOB.JPG" style="color: #22229C">One such photo is here</a>.
Those who still believe in such fraudsters may also check the
<a href="http://www.cenbank.org/419/Index.asp" style="color: #22229C">disclaimer of the Central Bank
of Nigeria</a> on their website.</p>
<p align="justify">Here is a sample of two e-mails received by one of the
earlier targetted victims abroad which is also interesting.
<a href="http://www.lindqvist.com/en/two-mails-from-the-central-bank-of-nigeria"
style="color: #22229C">
http://www.lindqvist.com/en/two-mails-from-the-central-bank-of-nigeria</a> </p>
<p align="justify"><b><a href="cl_editorial_08/edit_jan02.htm"
style="color: #22229C">Year 2007 in
retrospect</a></b></p>
<p align="justify">Another eventful year 2007 is behind us. The digital
society in India entered its 9th year of existence. The year marked some
new beginnings and also opened up some concern areas. Let's try to recall some
of the important developments in the field of Cyber Law in India and also in
the history of Naavi.org... <a href="cl_editorial_08/edit_jan02.htm"
style="color: #22229C">More</a></p>
<p align="justify"><b>ICICI Bank Phishing Fraud reported from Delhi</b></p>
<p align="justify">The ICICI Bank Phishing attempt reported in these columns
earlier have started surfacing in the form of victims reporting the frauds.
One such case has been reported by a Delhi customer of ICIC Bank who has found
around RS 76000/- drawn from his Internet Banking account following the
response to the phishing mail. What is to be noted is that the money has been
credited to ICICI bank accounts in Mumbai before the trail was lost.</p>
<p align="justify">For the general information of victims, we would like to
suggest victims to take immediate action to protect their interests by filing
a complaint with the Police. We also urge the Police to register the cases not
only under the sections of fraud under IPC but also under Section 66 of ITA
2000 (Diminishing the value of information and causing injury to information
residing inside a computer resulting in wrongful harm). Case may also be
registered against the Intermediary Banks (Under Section 85 for vicarious
liability due to lack of due diligence). The Bank from which the money finally
went untraceable will also be liable under the Anti Money Laundering Act.</p>
<p align="justify">Cyber Crime Complaints and Resolution Assistance center (www.ccc-rac.in)
would provide assistance required by the victims through the group of
advocates associated with the center where required.</p>
<p align="justify"><b>74% of e-mails are Spam.. Who Benefits?</b></p>
<p align="justify">Symantec observes that over 74% of mails reaching India are
spam mails. It also warns that spammers are teaming with criminals and
providing a channel for spreading of Trojans and Frauds. In discussing the
solution to this problem, we need to recognize that Spam is not getting
reduced because ISPs are not cooperating in the reduction of Spam. The reason
is that ISPs are directly benefiting from the proliferation of Spam and unless
they are made responsible for the ill effects of Spam, the situation cannot
improve.
<a href="http://www.cxotoday.com/India/News/Cyber_Crime_Old_Game_New_Tricks/551-85458-912.html"
style="color: #22229C">
Symantec Report</a></p>
<p align="justify"><b>One More Phishing Attack in ICICI Bank Name</b></p>
<p align="justify">Cyber Crime Complaints and Resolution Assistance Center (
<a href="http://www.ccc-rac.in" style="color: #22229C">www.ccc-rac.in</a> )
has come across yet another phishing mail attacking the ICICI Bank account
holders. (<a href="cl_editorial_07/icici_phishing_dec_24.pdf"
style="color: #22229C">The e-mail</a>
). The mail contains a hyperlink which is linked to the URL :
<a href="http://br.geocities.com/icici_bankupdate/ICICI.htm"
style="color: #22229C">
http://br.geocities.com/icici_bankupdate/ICICI.htm</a></p>
<p align="justify">The page appears to have been disabled at present by
geocities.com. It is also interesting to observe that when the site was
visited with Firefox, an automated alert was generated while no such alert was
generated in the Internet Explorer.
<a href="cl_editorial_07/edit_dec_24_phishing_mail.htm"
style="color: #22229C">(See the pages here)</a></p>
<p align="justify">Header information indicates that the mail has been
originated from the @icicibank.com domain. This was also the case of an
earlier phishing mail received on 21st December. Security specialists at ICICI
Bank may check if their mail servers are compromised or this is simply a case
of spoofing..</p>
<p align="justify"><b>Convergence Conflict Surfaces in Mobile TV</b></p>
<p align="justify">Allocation of spectrum for Mobile TVs has reportedly
created differences between the I&B Ministry and the Ministry of
Communications and IT. While the TRAI looks at the issue of allocation of
spectrum as the Telecom domain, the MCIT is concerned about the IP TV
broadcasters. The problem however is that the convergence of technologies has
left both the TV and Cable Industry and the Internet industry in the same
business place and they need to integrate and compete with one another. It may
be recalled that it was on the issue of such differences that the
Communication Convergence Bill 2001 was shelved. It is perhaps time to think
once again if the time is ripe for passing a uniform legislation for the
convergence industry and bring it under one regulatory authority.
<a href="http://www.thehindubusinessline.com/2007/12/20/stories/2007122052250400.htm"
style="color: #22229C">
Related Article in Hindu Business Line</a></p>
<p align="justify"><b>Beware of the New Year Phishing Attacks</b></p>
<p align="justify">The creativity of criminals can be seen in the exploitation
of every event which is socially considered important by individuals for any
reason. With the coming of the New Year, now a Phishing attack has been
launched in the name of ICICI Bank hinting that the Bank is undertaking an
annual security drill and in order to keep one's account secure in 2008, they
need to log in and update their accounts. This in effect is the content of the
e-mail which has been sent to all ICICI Bank customers. </p>
<p align="justify"><a href="cl_editorial_07/edit_dec_21_phishing_mail.htm"
style="color: #22229C">
Copy of the mail is seen here.</a></p>
<p align="justify"><a href="cl_editorial_07/edit_dec_21_phishing_header.htm"
style="color: #22229C">
Copy of the header information of the mail is available here.</a></p>
<p align="justify">Recipients may note that the hyperlink given in the mail
links to a different website which is the indication that this is a phishing
mail. We also observe that the sender's address is from the icicibank.com
domain.</p>
<p align="justify">We request public not to respond to the mail and also
request ICICI Bank to take necessary remedial action.</p>
<p align="justify"><b>Address of Dr Abdul Kalam at SDM College Mangalore</b></p>
<p align="justify">Dr Abdul Kalam recently visited Mangalore and delivered a
lecture to the students at SDM Law College. Amongst other things he singled
out Cyber Law as one of the important segments of law for law students.
<a href="cl_editorial_07/abdul_kalam_sdm.htm" style="color: #22229C">Full Speech</a></p>
<p align="justify"><b>Need for Protecting the E-Governance Assets</b></p>
<p align="justify">A spate of e-mail threats that have been received in recent
days threatening in each case a terrorist action indicates their
confidence that their e-mails will not be traced. Probably they are right
since there are umpteen number of service providers who are ready to help them
with technology for masking their identity. These "Anonymizer" tools which are
meant to protect the "Privacy" of an individual also comes in handy for
criminals. Today we are seeing the spate of e-mails some of which may be only
pranks. But these incidents also indicate the possibility that soon similar
channels will be used for launching cyber attacks on Indian information
assets. As more and more aspects of Governance shifts to the e-space, the
e-Governance assets become vulnerable to these attacks.</p>
<p align="justify">Sooner we realize these threats and take action, better it
is for India. Naavi has observed that the awareness of Information security
needs particularly the augmented security which we prefer to call "Techno
Legal Security" as different from the normal Firewall security is in adequate
in the e-Governance sphere. As a result a number of good initiatives in
e-Governance fall woefully short in addressing the cyber law compliance
issues. It appears that there needs to a mandating of such security
initiatives in the e-governance sector through a specific legislation such as
an "E-Governance Act".</p>
<p align="justify">Naavi.org welcomes thoughts on this issue "Do We Need an
E-Governance Act of India" to supplement the Information Technology Act 2000?
and if so what should be the scope of such an Act. If you have a view, write
to <a href="mailto:naavi@vsnl.com" style="color: #22229C">naavi@vsnl.com</a> </p>
<p align="justify"><b>Human Rights and Netizens</b></p>
<p align="justify">Speaking at the valedictory function of the two day
National Conference on Human Rights conducted by KILPAR (Karnataka Institute
for Legal and Parliamentary Reforms) and SDM Law College at Mangalore on
the 16th December, 2007, Naavi underscored the need for Human Rights Activists
to also debate on how Human Rights are violated through Cyber Space. He also
highlighted that human rights activists are already considering a drafting of
a "Universal Declaration of Netizen's Rights" and Indian activists should also
start taking interest in the same. </p>
<p align="justify">It may be recalled that the
<a href="http://www.ccc-rac.in" style="color: #22229C">
Cyber Crimes Complaints and Resolution Assistance Center </a>(CCC-RAC) of
Naavi.org has already started acting in the domain of "Human Rights in the
Netizen sphere". Human Rights Activists who would like to support the
activities of Naavi may contact the center at Bangalore. A branch of the
center is proposed to be opened at Mangalore and if appropriate interest is
shown by others, Naavi.org intends to open such units elsewhere. (18/12/2007)</p>
<p align="justify"><b>Attacks from China are more than from Pakistan</b></p>
<p align="justify">In what must be considered as a matter of grave concern,
security experts are indicating that Cyber attacks from China have increased
to such an extent recently that they have surpassed attacks from Pakistan. It
appears that China is developing an expertise in Cyber Warfare which
challenges the US dominance in Cyber Space.
<a href="http://www.livemint.com/2007/12/06001139/The-Chinese-cyberoffensive.html"
style="color: #22229C">
Read the article in Mint</a></p>
<p align="justify">As Naavi.org has repeatedly brought out in these columns,
we need a national strategy for cyber space security which should encompass
the Cyber crime prevention activities of the Police as well as the Information
Security activities of the IT users. Digital Society Foundation recently
organized a seminar in Bangalore to focus on this issue. But we need more such
seminars to discuss what needs to be done on an all India basis.</p>
<p align="justify">One of the other stake holders who seem to be need some
nudging in this regard is the e-Governance sector. The e-Governance sector in
India is still in the "Enablement mode" and in a bid to find innovative use of
ICT in Governance, security aspects are being ignored. In the Banking segment
also there is less than adequate security concern basically because the Banks
are dependent on software vendors who are not keen to introduce security
features on an ongoing basis since it means a "Cost" to them. They forget that
with their reluctance, they are adding a "Deferred Cost" to their customers
and perhaps a "Deferred Security Threat" to the nation.</p>
<p align="justify">Hopefully, the growing Chinese dominance in Cyber War fare
will wake up our authorities.</p>
<p align="justify"><b>Intermediaries Get a Jolt From Supreme Court</b></p>
<p align="justify">In what should be considered as a major legal decision in
India affecting the domain of Cyber Crimes, Supreme Court of India has held
that Intermediaries could also be guilty under narcotics control laws if the
facilities are used to distribute banned drugs in the country and abroad. </p>
<p align="justify">The Court said that the network providers could not be
treated merely as "innocent intermediaries" under the Information Technology
Act. The immunity provided by the Act from prosecution referred only to
offences under the that law but did not extend to the nefarious trade, the
bench headed by Justice S B Sinha emphasised.</p>
<p align="justify">In this case, Sanjay Kedia, a highly qualified person set
up two companies, Xponse Technologies and Xponse Services, and designed,
developed and hosted a pharmaceutical website and was using it to distribute
huge quantities of drugs in the US from Kolkotta. In view of the "overwhelming
inculpatory evidence" the court denied his bail application.</p>
<p align="justify">This is of great importance in the light of the demand for
exemption of liabilities under the proposed amendments to ITA 2000. This may
also be treated as one of the first Case Laws that become relevant for future
discussions on Cyber Crime liability.
<a href="http://www.business-standard.com/common/storypage_c_online.php?leftnm=11&bKeyFlag=IN&autono=30879"
style="color: #22229C">
Report in BS</a></p>
<p align="justify"><b>Experts Allege Cyber War preparation by China</b></p>
<p align="justify">The computer security firm McAfee has compiled a report
with input from Nato, the FBI, and the Serious Organised Crime Agency, that
according to Nato insiders, the wave of cyber attacks that hit Estonia earlier
this year, disrupting government, news and bank servers for weeks, was the tip
of the iceberg. According to the report, a "cyber cold war" is developing as
international web espionage and cyber-attacks become the biggest threats to
internet security.</p>
<p>Targets include air traffic control, financial markets, government computer
networks and utility providers. In September, the Guardian reported that
Chinese hackers, including some believed to be from the state military, had
been attacking the computer networks of British government departments,
including the Foreign Office. China has spelled out in a white paper that "informationised
armed forces" are part of its military strategy...
<a href="http://www.guardian.co.uk/technology/2007/nov/29/hacking.news"
style="color: #22229C">Report
in Guardian</a></p>
</blockquote>
<p align="center">
<FONT
face="Verdana" size="2"><A href="http://www.cyberlawcollege.com/" target=_blank
style="color: #22229C"><IMG
height=60 src="http://www.naavi.org/image/college_3.gif"
width=468 border=0></A></FONT></p>
<blockquote>
<p align="justify"> </p>
</blockquote>
<div align="center">
<center>
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id="AutoNumber4" width="90%" bgcolor="#FFFFFF">
<tr>
<td valign="top" bordercolor="#FFFFFF" bgcolor="#FFFF99"
style="font-style: normal; font-variant: normal; font-weight: normal; font-size: 10pt; font-family: verdana, geneva, lucida, 'lucida grande', arial, helvetica, sans-serif">
<p align="justify"><font face="Verdana" size="2">PR Syndicate honours
'Cyber Law Guru of India', Na.Vijayashankar</font></p>
<p align="justify">
<font face="Verdana">
<a href="http://www.prsyndicate.wetpaint.com" style="color: #22229C"><font size="2">PR Syndicate</font></a><font
size="2">, (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...<a href="../cl_editorial_07/prsyndcate.htm"
style="color: #22229C">More</a> </font>
</font>
</p>
</td>
</tr>
</table>
</center>
</div>
<p align="center"> </p>
<DIV align=center>
<CENTER>
<TABLE id=AutoNumber1 style="BORDER-COLLAPSE: collapse" borderColor=#111111
cellSpacing=3 cellPadding=3 width="90%" bgColor=#ffffcc border=1>
<TBODY>
<TR>
<TD width="24%" bgColor=#ffffcc
style="font-style: normal; font-variant: normal; font-weight: normal; font-size: 10pt; font-family: verdana, geneva, lucida, 'lucida grande', arial, helvetica, sans-serif">
<P align=justify></P>
<p>
<font face="Verdana" size="2">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.</font></p>
<p>
<font face="Verdana" size="2">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.</font></p>
<p>
<font face="Verdana" size="2">The book also has several individual chapters on the legal issues of Cyber
Banking, Cyber Advertising, Cyber Taxation and Cyber Terrorism.</font></p>
<p>
<font face="Verdana" size="2">The book is priced at Rs 750/-. </font> </p>
<P align=center><FONT size=2 face="Verdana"> For Enquiries and Bulk orders <a target="_blank"
href="mailto:naavi@vsnl.com?subject=Cyber Laws Demystified"
style="color: #22229C">click here.
</a>: </FONT></P>
<P align=center><FONT size=2 face="Verdana">
<a href="http://www.naavi.org/n_p_c/ebc/book_cld_1.htm"
style="color: #22229C">For online
Purchase, Click Here</a></FONT></P></TD></TR></TBODY></TABLE></CENTER></DIV>
</CENTER>
<FONT face="Verdana">
<p align="center"><font size="2"> <b>What is Naavi.org?</b></font></p>
<blockquote>
<blockquote>
<p align="justify"><font size="2">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.</font></p>
<p align="justify"><font size="2">The first such service is the Cyber Law College a virtual
Cyber Law education center in India which provides various courses on Cyber Law.
</font></p>
<p align="justify"><font size="2">The second key service is the Cyber Evidence Archival
center which provides a key service to help administration of
justice in Cyber Crime cases.</font></p>
<p align="justify"><font size="2">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.</font></p>
<p align="justify"><font size="2">The fourth key service is the online mediation and
arbitration service another unique global service.</font></p>
<p align="justify"><font size="2">The fifth key service is the CyLawCom service which
represents the Cyber Law Compliance related education, audit and implementation
assistance service.</font></p>
<p align="justify"><font size="2">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.</font></p>
<p align="justify"><font size="2">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.</font></p>
<p align="right"><font size="2">Naavi</font></p>
</blockquote>
</FONT>
</blockquote>
<p align="right"><i>Naavi</i></p>
</blockquote>
</FONT>
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</blockquote>
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