April 28-May 15, 2001


What's New

Soon, There will be nothing like IPR...if

An alarming tendency which is becoming increasingly evident in the American society is an atttempt of greedy misapplication of law by some "Over Enthusiastic Litigants"  who have a "General Intolerance of the other members of the Society. ...the backlash could be so strong that the very concept of Intellectual Rights may be turned upside down.

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More Regulations for Cyber Cafe's?..PIL filed in Delhi

It is reported that a Public interest litigation has been filed in Delhi, India, calling for the Government to draft  a new regulation of Cyber cafes. 

I request interested Cyber cafe owners to contact me immediately in this regard. I also request those who have a view in this regard to send me their views. Silence at a time when you need to speak up may result in more regulations about which we may have to regret later.

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Online Legal Practice in India..Should we Allow? or Should not?

Technological developments often bring in sweeping changes in the life of people...

In India, many internet savvy legal professionals are itching to use Internet for providing consultancy services. But the Bar Council has held that even having a web site by a lawyer may be a violation of the norms of the Bar Council....

I invite all lawyers to express their opinion in this regard so that we can start preparing for the future.

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Applicability of I.P.C to Cases of Cyber Crime

With regard to the Cyber Cafe Case at Merrut, the act of the district administration can be said to be autocrat,arbitary and unjustifiable. This present event has given birth to a number of issues – Advocate Parthasarathi Pati analyses the action of District Administration

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What do Our Indian Boys in US think about Bal Bharati Case?

We have already discussed the Delhi Bal Bharati Case from the point of view of the seriousness of the crime and the possible punishment. It is interesting to know the views of some of our Indian students who were until recently in Indian Colleges and have recently gone to US for higher studies. They can look at the case from the eyes of the current generation youth having exposure to both the Indian and US culture.

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Will Hackers rule the Indian Elections?

A Part of India is today going to elections. One feature of this election is that "Electronic Voting Machines" will be used in all the states to record, process and store the votes cast. In the process, the Electronic Documents as defined by Sec 2(f) of the ITA-2000 will come into play.

When the Election Commission hears case of "Booth Capturing" and "Mass Bogus Voting", it may have to be prepared for the counsels of the candidates invoking ITA-2000 to argue in their favour.

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Hackers of Infosys site Tracked?

It has been reported that Infosys has tracked the hackers who defaced their site www.infosysinbanking.com to an education institution. The incident highlights the risks faced by corporate sites and the need to develop a protective umbrella for Corporate websites. Security specialists in different parts of India are invited to send their views on how to quickly track down such hackers.

Detailed Story in India Info

Are Paskistani's More Intelligent? or More Determined?

Yet again there is a report of a prestigious Indian site having been hacked by Pakistani sympathizers...The challenge to the Indian counterparts now is to trace the origin of these hacking attempts and hold the involved ISP or the Country vicariously responsible for a war on Indian Cyber space and leverage the legal rights in this regard to book the criminals.

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Seeds of Cyber Terrorism ?..or Disobedience?

   It has been reported that a computer hacking group  is  turning its hand to civil disobedience and plans to release an application that is aimed to oppose government and corporate censorship around the world. ....Do we in India see the implications?

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Absolute Power Corrupts Absolutely

It is necessary for all regulators to remember the oft repeated saying that “Power corrupts and Absolute Power Corrupts Absolutely”. At a time when the Indian IT laws are being formulated, it is necessary to remind the lawmakers about this wise saying so that we don’t have to regret later

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Another Cyber Cafe Attacked

It is sad that time and again Cyber Cafe owners have to face the wrath of the local Police because the law is so vague.. A Cyber Cafe owner in Meerut has reported that his artistc touch in designing the Cyber Cafe has landed him in trouble ..

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The Boy Is Released..What Next?

It has been reported that the boy accused in the Delhi Cyber Porno case has since been released on bail. It was interesting to know that the girl who had filed the complaint was the grand daughter of Mr Narayan Dutt Tiwari which explains the extrordinary interest taken by the Police in the case. It has been reported that the boy has been sent out of the school.

But, What next?..Will the case be taken to the logical conclusion and the boy be sentenced?..or will the dismissal be considered a sufficient punishment? and the case withdrawn? Will the girl who filed the complaint ,who is also reported to be one who was harassing the boy for the scar on the face forget and forgive?.. or will carry the case to the logical end?.. are points to be observed.

When the individual case is forgotten, what remains is the long term lesson that is drawn from the incident. Will the school authorities re-double their efforts in educating the students on how to be "Responsible Cyber Citizens?". Will the school authorities be held responsible for the consequences of teaching Internet to minors without a simultaneous teaching of Cyber Crimes and its consequences?

Whatever the schools do or not do, will the Parents of young children realize that allowing immature youngsters to wield the powerful educational(and also criminal) tool such as Internet is as dangerous as letting them drive a race car in the busy City roads?.. are more important points to be followed.

Continuing it's endeavour towards building a responsible Cyber society, Cyber Law College is introducing an Online Course on "Cyber Laws for Young Netizens" for +2 students. Hopefully, school authorities and Parents will mandate their wards to obtain "Cyber Law Certification" before they start driving on the Inforamtion super highway.

Watch out for the details.

Report from Rediff.com

Responsibilities of the School Administration

The Cyber pornography case of the  Air Force Bal Bharti school student in Delhi  has opened up a debate on the responsibilities of the school administration in building  awareness about Cyber crimes amongst the student community...Let's hope that this case will open the minds of Educationists and make it mandatory for all schools where Internet is taught, to also teach Basics of Cyber Crimes and Cyber Law, besides Basics of Human Relations.

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Juvenile Justice

By punishing one it is very wrong on our part to think that he will refrain from doing so in future and will be rehabilitated. But on the contrary the truth is that “once in – in for ever”   commission of offence will become his part of life.

...Victor Hungs states “We should look upon crime as a disease .Evil will be treated in charity instead of anger."...

Mr Pati puts forth his views on the Delhi Case

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ITA-2000 is Impractical

The case of a school boy having been arrested in Delhi for creating a website carrying pornographic information has raised several issues for the Law Making Community.

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How Serious is this Cyber Crime?

The case of a school boy in Delhi having been charged under ITA-2000 for maintaining a porno site is a fit case for sociologists to react.

Should these sort of juvenile crimes be clubbed with ordinary crimes? and should the boy be put in jail for 5 years?...are points to ponder.

I am sure that this is not merely a "Cyber Crime Issue". It is a "Cyber Sociology Issue". I firmly belive that the ITA-2000 has been drafted without understanding the pshychology behind Cyber Crimes. Today many people will support the action of the Police in taking the most stringent action against such crimes. But soon, the society will realize that putting the young offenders in the juvenile prison will be very painful for most parents and turn out to be counter productive.

Psychologists will tell you that most teen agers pass through a phase where in a bid for adventurism, they tend to commit small crimes including say lifting a test tube from the Chemistry lab or a tuning fork from the Physics lab. They soon grow out of this tendency and become good citizens there after. The Delhi crime appears to me as falling under this category particularly since the boy is otherwise reported to be docile, and normal.

I invite "Sociologists" to react to this incident and send their views to me. If I get sufficient reactions, I intend starting a section on "Cyber Sociology" on my site where more such cases can be discussed. Since Psychologists and Sociologists are not amongst the regular visitors to this site, I request my regular viewers to pass this word around.


27th April 2001

Detailed story in Hindustan Times



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