Indian Banks Closed by Technological Incompetance
April 30: Over the last few weeks there have been an alarming increase in the number of disruptions in the Indian Banks due to failure of technology. ...It was observed that recently Indian Overseas Bank was literally closed for four days with further disruptions on subsequent days . This was not due to any cyber terrorism but because the Bank tried to migrate the server to a new place and the system had compatibility issues. State Bank of India and State Bank of Mysore also are reported to have had two to three days disruptions in Bangalore recently for more or less similar reasons. Now for the last few days Corporation Bank is experiencing similar down time....More
Video Rights of Harbhajan Singh Slapping Sreeshant in IPL venue
April 28: The bizarre incident of Harbhajan Singh reportedly punching/slapping Sreeshant has raised many issues on Cricketer's discipline. Simultaneously, it has brought to focus the issue of "Video Rights" as well. ....It must be noted that circumstantial evidence suggests that a criminal assault took place on the stadium (a public place) which had been under the control of BCCI at the time of the incident. The Police have to therefore take cognizance and file a case under IPC. The main accused would be Bhajji and there would be vicarious liability on BCCI as the organizer under whose control the incident was allowed to happen.
By withholding the video from publication, BCCI is preventing Police from accessing evidence of a criminal act and are therefore committing a punishable offence under CrPc. ....We urge some public spirited organization in Mumbai to initiate a judicial proceeding to force Police to take action mandated in law... Details
EU to Curb Promotion of Terrorism on Internet
April 22: It is reported that a meeting of the justice ministers of EU has agreed that using the Internet to publish bomb recipes or call for acts of terrorism to be committed should count as a criminal offence. They have agreed to introduce law to recognize "public provocation to commit a terrorist offence, recruitment, and training for terrorism" which would be punishable "also when committed through the Internet." as a new kind of offence ...Report
In the Indian Context, IPC defined crimes are already extended to Internet based activities and hence no specific law may be required. However, since GOI is trying to introduce the clause on "Cyber Terrorism" in the proposed amendments to ITA 2000, it may be possible to ensure appropriate explanations to be introduced in ITA 2000 to bring such offences under ITA 2000.
In view of the interpretation in certain quarters of law enforcement that c offences not specifically covered under sections of ITA 2000 donot come under their investigative jurisdiction and the consequent failure to provide protection to the citizens against Cyber Crimes it may be worthwhile to introduce a fresh clause in ITA 2000 Amendment Bill 2006 to the effect that
"All offences under any other Act in India committed with the use of Electronic Documents or where an Electronic Document is a target of the offence will be deemed to be also offences under this Act with the same quantum of punishments as proposed in the respective Acts. Such offences will also be deemed to be contraventions for the purpose of Section 43 of this Act "
Comments are welcome
Privacy Rights Over ridden by Copyright?
April 18: There is an ongoing attempt in India to amend the Copyright Law to be in tune with the DMCA of USA. In this connection IPR watchers would remember that one of the provisions of DMCA which threatens the IT Community is the provision regarding "Contributory Infringement" according to which certain actions by the IT community such as development of software, re-engineering of software for compatibility or security consideration etc could be considered as "Infringement". In this context it is interesting to note that the proposed amendments to Copyright law in India is expected to have the following clause.
Section 65(A) (2) : " Nothing in sub-section (1) shall prevent any person from ...
(e) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user.."
Does this mean that "Privacy Invasion" through "Surveillance of a user" would be permitted?..
This question has relevance to the case where insertion of a code in the DVD by SONY for such purpose raised a big opposition in USA and culminated in SONY withdrawing the DVDs from the market. It also has relevance to Microsoft's practice of introducing codes that monitors and reports on the activities of the user without his permission.
Privacy protectionists should explore the said provision of the proposed amendments to the Copyright law and act in time to prevent it from getting into the statute. Comments are welcome
Searching for Solution to The threat of Cyber Crimes
April 15: Business Entities have of late been realizing that threats from Cyber Space have increased beyond the critical point where they can either be ignored or covered as a normal business loss. As Cyber Crime is getting more and more targeted towards financial benefits, the CEOs need to realize that "Cyber Extortions" are a reality. The "Internet Underground Mafia" is developing on the successful model of the physical world where extortionists have donned the robe of "Protectionists", "Politicians" and compromised law enforcement through threats, corruption and other illegal means.
If Netizens don't wake up and claim their "Right to Protection", they will soon be reduced to the sorry state of their citizen counterparts and become helpless observers of the erosion of the society. Detailed Story Here
Responsibilities of Bankers for Online Frauds
April 12: Increasing Phishing and other kinds of financial frauds have opened up a debate on the liabilities of Bankers for the losses suffered by their clients due to the frauds. In India the liability depends on whether the Bank can be considered to have exercised "Due Diligence" or not. Presently, Banks are transacting under Password access security system where as the law stipulates that the authentication of an electronic document should be with the use of digital signatures. Bankers are however consciously absorbing the risk in conducting the Banking transactions with Password based access system. Hence they would be liable for any loss to a customer arising out of the password theft etc. The situation is similar in US where the normal banking norm is to give an option to the Customer to dispute a debit within a reasonable time. UK appears to be taking a slightly harder line with the announcement of a Banking code where the users are being made responsible for not using certain common security norms.
There will be a discussion in India also if such a Code is required. Before jumping to follow the UK norms instead of the more customer friendly US norms it is necessary for us to also debate if the security norms used by Indian Banks is at the same level as that of the UK Banks.
Naavi.org strongly feels that without the PKI enabling of Banking transactions in India, no self imposed guidelines should be considered as sufficient due diligence. Also the security norms which are intended to be imposed under the likes of the UK Banking Code should be brought in through a "Cyber Crime Insurance Process" to the Bank's customers rather than as a "Fine Print Disclaimer" in the Accoutn Opening form. Related Article
Cyber Crimes in India increase 50 times in 3 years !
April 8: According to a CERT report,
Blackboard Patent Rejected?
April 2: It is reported that the U.S. Patent and Trademark Office has issued a preliminary decision that rejects 44 claims Blackboard Inc. made regarding the controversial patent it was granted for an online-learning system. The patent in dispute involves a course-management system in which a single user with a single log-on could have multiple roles in multiple classes. For example, someone who was a student in one course and a teaching assistant in another could log on once and get different levels of access to all the course materials. Report in chronicle.com
Online CAT poses Security Challenge
April 1: The prestigious CAT (Common Admission Test) in which lakhs of students participate each year in India seeking admission to Management courses in IIM and other institutions is set to go online from next year. According to the plans made public examinations will be conducted in batches within a certain time and results may be announced together. The move to take the examination online is an inevitable development and is therefore welcome. However the importance of the examination indicates that the security threats to the fair conduct of the online examination is a reality. The threat risks should therefore be not only countered by proper measures but also should be audited under the Techno Legal perspective to retain the confidence of the student community on the examinations.... More.. TOI Report
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.
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.
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