From HIPAA to CCL Compliancy
Indian software sector has started feeling the pressure
from their International counterparts on legal compliance issues. Compliancy
of HIPAA, GLBA and EU directives on data protection have become quality
parameters in the industry. All these and more are part of the Comprehensive Cyber Law
Compliancy (CCL) that is the need of the hour. Naavi's Cyber Law College will address this issue with a
Corporate Education programme aimed at IT companies. Contact
Audiogalaxy- The Next Napster?
The war between the Meta Society and Cyber Society continues.
After RIAA successfully eliminated Napster who made available the peer to peer
file sharing technology to its Cyber community, it is now the turn of Audiogalxy
to face the music of legal action from RIAA.
Will this fight for supremacy of Meta Society rights over
Cyber Society norms benefit the larger community of Netizens+Citizens? is
a question that the we need to answer for the sake of future generations.
Data Protection Laws in India
A recent study has found that more
than 40 countries around the world have enacted, or are preparing to enact,
laws that protect the privacy and integrity of personal consumer data.
India is not however one amongst them.
In framing the laws in this regard, the data protection
right of an individual may have to be balanced with the requirement of the law
enforcement authorities who are demanding recording of every move that a
Netizen makes on the net.
As long as India is a country affected by terrorism of the
kind we are presently facing, it will be difficult to pass any strict privacy
laws in the country. Rather the POTA will ensure that information can be
extracted forcibly if the authorities think it is necessary in the interest of
Naavi.com Joins ICANN At Large Project
ICANN has taken further steps in ensuring the participation
of individual Internet users in the administration of its functions, by
enlarging its At Large project.
Cyber Law Solutions Ltd of Naavi will be representing the
interests of the Indian Netizens in the At Large outreach programme. Members of the Netizen's Forum, and
Cyberdemocracy.org will be automatically enroled in the process.
I invite more Netizens to enrol themselves at
as members to
form a community that can represent its views to the ICANN on matters of concern
to Indian Netizens.
Details will be made available in this site in due course.
May 23, 2002
A Kids Zone in Cyber Space?
The US House of Representatives on Tuesday approved a
proposal to create a kid-friendly Internet zone free of violence, pornography
and other adult material.
This is being achieved through creating a .kids.us domain
space where Web sites bearing a ".kids.us" address which are certified not to
contain sexually explicit material, hate speech, violence or other material not
suitable for minors.
This is a good move which even India should try to emulate.
As a follow up the Internet administration should move all adult material to
.xxx or .adult domain name space so that filtering becomes easy and effective.
More Details at HT here
Policing- Creating a Red Light Area on Cyber Space
How to Counter
A Computer Inside Your Body?
In an interesting technical development, successful
experiments on implantable chips that deliver medicine to the body are reported
to have been carried out on rats.They are expected to be used on humans in
This development means that an "intelligent, pre programmed
computing device" would take control of a person's health.
There will also be issues whether the functions of the chip
would be controlled remotely? If so can the chip be hacked? or virus
contaminated? by an electronic pulse from outside?
Company claims patent on 'millions' of e-commerce
A company named Pangea Intellectual Properties in USA,
said to own patents concerning the display of text and images on
e-commerce web sites, as well as a patent covering automated credit checking for
online transactions is going about filing patent infringement suits on several
At issue are patent, number 5,576,951, covering a
system "for composing individualized sales presentations created from various
textual and graphical information data sources" using "the
retrieval of interrelated textual and graphical information," and
patent number 6,289,319, which covers an automated "financial transaction
processing system" in which a computer "is programmed to acquire credit rating
data relating to the applicant from the credit rating service," according to the
The implications of these patent claims could be far reaching
and we hope that the claim would be disallowed in the interest of the community.
Detailed Story in Industry Standard
Is Software Patentable in India?
The long pending Patents (Second Amendment) Bill
which was passed in India has raised an issue of whether the amendment now
makes it possible for Software to be patented in India. According this view,
a generic computer
program using a simple calculation or algorithm or a business process can not
be patented, but if a software solves a specific technical problem in an
innovative way then it can be patented.
with this view and states...the inclusion of the words "Per-se" is
perhaps to make "Hardware Devices using embedded software" patentable when the
innovativeness may be more in the functionality of the device which is the
property of the software rather than the hardware.
He feels .."We
need to therefore wait for more information regarding the amendment before
jumping to the conclusion that software is now patentable in India."
Lindows to Challenge Windows!!
It appears that the days of monopoly for Microsoft Windows
is numbered. Michael Robertson, the founder and former CEO of MP3.com, aims to
offer an alternative to Microsoft's dominant Windows operating system by
selling a new program, LindowsOS, which would allow Windows programs to run on
the Linux operating system.
As could be expected, Microsoft will fight out this case on
all fronts. Presently the legal battle on Trademark rights is on with an
attempt by Microsoft to get the website www.lindows.com closed.
Unfortunately, the preliminary ruling has even questioned
the Trademark right on the word "windows" itself and it is unlikely that the
legal battle will go in Microsoft favour. We can now watch out for other
interesting battles on the commmercial and technical fronts.
Constitutionality of Section 69 of ITA-2000
Section 69 of the ITA-2000 refers to the powers of the
State regarding interception of messages. Mr Parthasarathy Pati noted legal
analyst from Pune dissects the section and compares with the relevant sections
of IPC and Cr Pc and debates on the constitutionality of the section, in a
thought provoking article.
Another Classic Domain Name Dispute that needs Verify4lookalikes service
The case by Lousiana State University on one of its ex-student Mr Douglas
Dorhauer to cease using the domain name lsu.com is another classic case of
domain name right being claimed by a physical entity even when there is no
Perhaps use of services from
www.verify4lookalikes.com would have strengthened the case of the student.
ISPs wary of
ruling on police searches
Web giant Yahoo! Inc and several Internet trade associations filed papers on
Monday seeking to overturn a court ruling requiring police officers to
be physically present for search warrants.
Naavi.com has in the past advocated that a law such as "Electronic Evidence
Act" on the lines of Bankers Book Evidence Act would be a remedy to this
problem. May be it is time to re look at this suggestion.
Smart Cards Hacked!
In an alarming revelation, scientists at Cambridge
have discovered that sensitive information stored on a smart card
microprocessor can be revealed with a flash of light using inexpensive, off
the shelf equipments.
This "Hacking" method raises a question mark on many of the
E-Governance issues based on Smart Cards in India. The undersigned has been
advocating an alternative method for most of the Smart Card applications now
being planned by different State and Central Governments which is far cheaper
and more secure. This gains more relevance in the context of the above finding
ITA-2000 should move with W3C Consortium standards
Cyber Laws differ from other laws in many respects. One such difference is
in the close interaction technology has on various aspects of the Law. Changes
in technology introduces both challenges and solutions to legal problems in
the Cyber space.
In order to avoid unnecessary court battles on Technical Standards Vis a
Vis Legal Standards, it is necessary for the Cyber Laws of a country to
provide some mechanism by which the legal standards get automatically updated.
If this is likely to introduce a bit of uncertainty in law, there could at
least be a "Technology sub committee" on the lines of the Cyber Regulations
Advisory Committee" to advise the Government periodically on
certain aspects of technology standards that have an impact on Law.
E-Mail Evidence presented in Pearl Case in Pakistan
Pakistani judiciary had one of its first encounters with digital evidence
when FBI presented a detailed report on how they traced Pearl killers from the
More details at HT
Online Commercial Activities exempted under EU law on Cross border
The European Commission has granted an exemption to all
online activities from the contentious element of a controversial law on
cross-border disputes in the European Union. The draft law stated that the
laws of the country where the injury occurred should apply in a cross-border
dispute, rather than the laws of the country where the supplier or publisher
Details at Standard.com
Convergence Bill Likely to be passed around May 17
Minister of Information and Broadcasting Mrs Sushma Swaraj,
stated in Rajyasabha that the Convergence bill is likely to be passed during
the current parliament session.
The loss to Internet Economy through Napster ban
A Jupiter Media Metrix survey in US done in June 2001
reported that the file sharing technology which enabled persons to exchange
music files free has in fact boosted the demand for CDs.
If the 20 million subscribers of Napster had on an average
been connected to internet one hour per week, 20 million internet hours would
have been used by them through their respective ISP s. Along with it, 20
million surfing hours of ad inventory has been lost. Besides many more high speed multi media computers would have got sold.
Perhaps the online buying would also have grown...
National Police Academy to Develop Cyber Crime Investigation Procedures
The National Police Academy in Hyderabad is working on a project to
lay down procedures to handle digital evidence in case of computer and
It is also reported that the Electronic Research and Development Centre of
India (ER&DCI), Thiruvananthapuram, would
develop technical resources such as investigation software products, cyber
forensic tools, etc, to help the investigation agencies deal with computer
Detailed Story in EFE
Mellissa Virus Creator gets 20 months imprisonment
David Smith, a 34 year old man from US was sentenced by a
New Jersey court for having released the Mellissa virus in 1999, which was
estimated to have caused damages worth more than US$80 Billion. He was also
ordered to server 3 years supervised release after completion of prison
sentence, and to serve 100 hours of community service besides a fine of US
If a similar offence is committed in India, ITA-2000 can be
invoked under Section 43 which however stops at providing compensation to the
person affected. There is no prison sentence possible for the virus
introducer, except by invoking section 66 for "Hacking". It would be strange
if a court has to try a Virus crime as "Hacking". .but there seems to be no
Are Cyber Crime Laws Becoming Counter Productive?
Even before the the new Cyber Laws are understood by the
industry, and at a time when India is in the verge of passing the
Communication Convergence Act, a discussion has already emerged in other parts
of the world on whether Cyber Laws are getting counter productive...in most of
the IPR related Cyber Laws, there has been a tendency to over regulate leading
to industry slow down.