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"This website is the Wikipedia of Indian Cyber Laws".. A Visitor's remark


Total Information Assurance.. a new concept from Naavi



 
 
Naavi is a Cyber law consultant based in Bangalore and specializes as Cyber law compliance advisor for the industry.
 

New Versions of Naavi's E books Available in PDF format at affordable prices


Syria Shuts down Internet

Nov 30: In a crackdown on free speech the Syrian Government has reportedly cut off access to Internet by its public. There appears to be a civil war going on in the country and the Government does not want the news to go out of the country. Report

DCP/IG approval required for Sec 66A prosecution

Nov 29: Even as the PIL in Supreme Court has been filed against the constitutionality of Sec 66A of ITA 2008, the Cyber Regulations Advisory Committee (CRAC) is reported to have recommended that state approval from an officer of DCP level at rural areas and IG level in metros will have to be sought before registering complaints under the section. Report-1 : Report 2 : Report 3 : Report 4

Though the reports have started speaking of this as an amendment, this should be considered only as a "recommendation" and the recommendation has to be issued as a "Notification" and placed before  both houses of the Parliament. Normally a notification is placed before the Parliament if it is not in session. Presently the house is in session and it may be considered a "Privilege" issue if the notification is issued straight away.

Constitutionality of Section 66A raised in Supreme Court

Nov 29: As expected a PIL has been filed in Supreme Court about the constitutional validity of Section 66A of ITA 2008. Report

First time in 12 years Cyber Regulations Advisory Committee is set to meet

November 28: Naavi.org has several times in the past has pointed out that the amendment of ITA 2008 was not done through a proper process since it was based on the Expert Committee report and not passed through the Cyber Regulations Advisory Committee constituted as per Section 88 of ITA 2000/8. I was therefore pleasantly surprised that the proposed meeting of November 29 which was reported in the media a few days back to review the recent incidents is actually a meeting of the Cyber Regulations Advisory Committee (CRAC).  It was however strange to think that the Ministry was unaware of the provision of ITA 2000 and had not thought of convening the meeting of CRAC even once in the last 12 years. But we can at least now feel "Better Late than Never". However, it is necessary to reiterate that this committee is basically a "Secretary's club" and does not have adequate public representation. Though there are representations from NASSCOM and FICCI they represent industry and not ordinary Netizens. Hence the outcome of the CRAC meeting is unlikely to completely satisfy the Netizens of India. :NDTV report

IPV 6 to provide better Cyber Crime Control?

Nov 28: The switchover from IPv 4 to IPV 6 is being looked upon by the Indian Government as a means of better Cyber Crime  Control. A top official of the DIT has reportedly stated that since the Internet number allocation data base will be within its control instead of APNIC, it would facilitate easy identification of  monitoring cyber crimes. Report

 Probably the official is referring to offences such as presently hogging the lime light such as the twitter posts and blogging against the political leaders. Technical view of the switchover from IPC 4 to IPV 6 is different. Many feel that DOS attacks will be more challenging to counter. It may not make much difference to detection of other crimes. Let's wait for more expert opinion on the "Cyber Crime Detection Impact of IPv6".

Bangalore Cyber Crime Police Station lacks experts?

Nov 27: According to this report in Hindu, Bangalore Cyber Crime Police Station is finding it difficult to pick the services of technical experts to assist in the Cyber Crime investigations. it may be recalled that during the days of Mr S.M.Krishna as the Chief Minister of Karantaka, this PS was set up as the first of its kind and was well supported with budgets which enabled them to take the assistance of technical persons by paying them adequate remuneration. Now that Cyber Crime cases are filed and accepted in any Police station the Cyber Crime PS has become more of a Forensic consultancy center for other Police Stations. Probably the budgetary support is lacking since the unit is perhaps lost its visibility. Hope the revival of the PS does not have to wait the return of SM Krishna to power. Report

Aaakash To be produced in China?

Nov27: The prestigious Akaash Tablets which the Government of India plans to distribute in large numbers at Government costs in India is reportedly being manufactured not in India but of all places, China. Despite the possible cost advantages, it is clear that distribution of large number of computer devices manufactured in China is a huge security risk since China is a known Cyber Warfare specialist and in the past alleged to have embedded malicious trojans and "Manchurian chips" into systems supplied from the country. Government has to rethink on this project. Report in NewYork Times Company denies report :Microsoft Study : HTC Vodafone infected :undetectable virus

Maharashtra Government to issue guidelines to Police

Nov 27: Following the public outrage on the misuse of cyber law in the case of Palghar arrests under Section 66A, Maharashtra Government has indicated that it would issue guidelines to the Police on the handling of ITA 2008 cases and also revert to "Investigation only by DSPs". In the meantime it has been reported that action has been taken against the erring policemen. As per the report SP Mr Ravindra Salgaonkar has been suspended. The senior police inspector Shrikant Pingle is also expected to be suspended. Mr Sangram Nishandar, Additional SP is expected to receive a warning. Simultaneously Bombay High Court has transferred Ramachandra Bagade, the first-class judicial magistrate who was involved in the incident. Report : Report2

Stage 2 of HITECH regulations will be effective for 2014 release for incentives

Nov 26: The Stage 2 meaningful use rule, requiring the encryption/security of data stored in CEHRT [certified electronic health records technology] has been notified on September 4, 2012. It also requires that EHR software be designed to encrypt, by default, electronic health information stored locally on end-user devices.The rule also requires providers to "implement security updates as necessary and correct identified security deficiencies as part of the provider's risk management process.".These changes will be effective for the next stage of release of incentives after January 2014. Related Article

Mumbai Consumer Forum orders Bank to pay

Nov 26: Quoting the Internet Banking guidelines, a District Consumer Forum in Mumbai has ordered a Bank to pay Rs 42000/- as compensation to a customer from whose account the amount had been fraudulently drawn. Naavi.org welcomes this decision. At present several cases of similar nature are pending with the Cyber Appellate Tribunal and it appears that some of the Banks have exercised undue influence on the Government and stalled the appointment of the Chair person for Cyber Appellate Tribunal for more than one year holding up the rendering of justice to the victims. Report

Constitutionality of Sec 66A

Nov 26: Pranesh Prakash of Center for the Internet and Society, has analyzed Section 66A in detail and argues why it should be considered violative of the article 19(1) of the Indian constitution. Details in CIS Website

What is Happening at CAT?

Nov 25: The importance the Government of India is placing on Cyber Security in India and public good is indicated by the way the Ministry of Communications and Information Technology is handling the institution of Cyber Appellate Tribunal.(CAT). CAT is an apex judicial body for handling all civil matters on appeal from different adjudications that may go on in the country under Section 46 of ITA 2008.

But this organization has been deliberately kept vacant by the Central Government of Dr Man Mohan Singh since July 2011. Despite several reminders to several authorities including the ministers such as Mr Kapil Sibal, no action has been taken so far by the Government.

To rub salt on the wounds of the Cyber Crime victims who are waiting for this judicial body to resume its statutory responsibility, the Government appointed a "Judicial Member" in December 2011 who was allowed to remain in office without any authority to conduct hearings. He has now demitted his office on attaining super annuation. As a mockery to the institution, the Government has also appointed a "Technical Member" knowing fully well that in the absence of a "Chair Person" neither the Judicial member nor the Technical Member can hold any hearings.

It is difficult to understand what is the reason behind this strange behaviour. It appears that there may be some vested interests which either does not want CAT to function. It is time that the Government exhibits some sense of Governance and takes action in this matter and stop treating the institution of CAT as a joke.

Stringent HITECH Audits expected in US in 2013

Nov 25: The HITECH Audits in 2013 by OCR are expected to be far more stringent than the audits conducted in 2012 which was more like a test drive. The audits are likely to be random and without notice. If the violations are observed there are likely to be heavy sanctions. Indian Business Associates of the US Covered Entities will also need to upgrade their Privacy and Information Security preparedness as their non compliance may reflect as non compliance by their associate covered entities. Some of the Covered Entities may undertake their own audits and impose penalties on the Business Associates based on the indemnity clauses in the BA agreement. It is therefore recommended that Indian companies engaged in the processing of health care information from US review their Privacy and Information Security measures and arm themselves with appropriate documentary evidence for compliance of HIPAA-HITECH standards. Related article

Anticipatory Bail for Netizen Activity

Nov 25: The recent incidents in India have exposed every blog writer, Social Media user to the risk of occasionally posting a view point which may not be to the liking of somebody who may move a complaint with the Police under Section 66A of ITA 2008 and other sections of IPC, and the possibility of the Police swooping in and arresting the person has become a distinct possibility. Hence as an "Information Assurance Consultant" advising people on how to mitigate Cyber Risks, it has become necessary to also advise individual virtual media activists that they should keep themselves ready to apply for anticipatory bail at short notice. To help such persons, here is a draft anticipatory bail application. (Experts may advise refinement of this application and how to make it more acceptable to the Courts)

It is a shame on our democratic system that  such a discussion is in circulation in the Internet.

Cyber Freedom Movement of India

Nov 24: It is reported in papers today that the enquiry setup by the Maharashtra police on the misuse of law in the Palghar case by policemen has held the Policemen guilty and recommended action. This is good news. But before we can take comfort, another incident of misuse where two Air India employees were arrested some time back for alleged offences under ITA 2008 following union rivalry has come to light. Report in Indiatoday

Misuse of law to harass citizens by politicians and subservient policemen is therefore a permanent problem which requires a long term solution. We need to fight for a "Cyber Freedom" and launch a movement to ensure that there is a proper protective regime for recognition and protection of Netizen's rights.

In this direction, I call for an amendment to ITA 2008 and an addition of a Chapter on "Netizen's Rights" where we introduce appropriate checks and balances against misuse of the law. I demand that all political parties declare their stand on this demand for "Cyber Freedom in India" and make this a major election plank for the coming elections. If none of the current political parties consider this important, at least Mr Kejriwal needs to take up this issue as one of his main election demands.

"Naavi Pyramid" for Modular implementation of Total Information Assurance

Nov 23: The Naavi pyramid approach to IA is built on the premise that Total Information Assurance which satisfies all the 5 elements such as Confidentiality, Integrity, Availability, Authenticity and Non Repudiation can be achieved across all the three dimensions of security namely the Technology, the Law and the Human aspects if we try to re arrange the objectives in a hierarchy of priorities......More

Another Case filed against Sec 66A

Nov 22: UP Cadre IPS officer Amitabh Thakur and his wife social activist Dr Nutan Thakur have filed a writ petition in Allahabad High Court, Lucknow Bench, for declaring section 66A of the Information Technology Act 2000 as ultra vires because it violates the fundamental right to expression under Article 19(1)(a) and other rights related with life and liberty enshrined in Chapter III of the Constitution . Report

Already a similar complaint has been filed in Madurai. We may await how the Court reacts. In the meantime there is also a report that the Government is thinking of some changes of its own. Report

Has Section 66A passed the Constitutionality test?

Nov 21: The law ministry has indicated that the Section 66A has undergone "Clear and Present Danger Test" for constitutionality, at the time it was drafted according to this report in Indian Express. Report : Validity questioned in Madras high Court : Asian Age report

Naavi.org had however stated in the context of the amendments that "Removal of Offensive ContentĚ is a sensitive issue.... there needs to a safeguard that the powers of blocking, interception etc may not be abused either because of political or other considerations. Hence it is necessary that a Netizen Protection Commission or in its absence a Netizen Protection Advisory Board be constituted as an agency which may consider any request for exercise of powers under the Act by Government agencies and the Police for interception etc and advise the intermediary suitably."

This suggestion requires a thought once again. ...More of the suggestions made in 2008

"Freedom on the Net" is an election issue in next national elations

November 20: The Palghar incident where two ladies were arrested for Facebook activity expressing a view that no bundh was necessary in Maharashtra on the death of Mr Thakre has triggered a debate on whether Police in Maharashtra have turned themselves to be part of the goonda elements of a political party and if so what needs to be done. Incidental to the solution is whether ITA 2008 requires a further amendment to provide immunity to citizens against misuse of law by the Police and whether the issue of "Freedom on the net" is critical enough to be a national election issue.... More

Total Information Assurance For Modular Implementation(TIAF4MI)

November 19: The Total Information Assurance Framework (TIAF) developed by Naavi now is depicted as the "Naavi Pyramid" which divides the Total Information Assurance based on the three dimensional pentagon model of IS motivation into five progressively implementable levels based on the well known five principles of Information Security accepted by the current IS and IA practitioners.

The TIAF4MI is an approach which incorporates the best practices inherent in the current IS and IA practices and increases the acceptability amongst corporate managers. Hopefully the industry will respond positively to this new approach to Information Security and Information Assurance... More

Information Assurance Framework for Health Care Industry

November 17/18: Based on his vast experience on HIPAA and ITA 2008, and to meet the specific requirements of the Indian Health Care Industry, Naavi has developed a new Information Assurance Framework for the use by Indian Health Care industry. The framework titled IAF4HC will be nursed by Ujvala Consultants Pvt Ltd and explained in detail over these columns in the coming days. ..More

HSBC in the eye of global criminal syndicate..says Kejrival

November 9: In a significant expose, Mr Arvind Kejrival of India against corruption charged HSBC being a part of a global money laundering industry and has been involved in managing havala transactions in India. Already HSBC has faced similar charges in US and has been penalized. We need to wait and watch the impact of the expose on HSBC in India.

Be Careful when you receive an "Enclosed ticket" message

November 9: Malware code droppers are always looking out for new ways to drop viruses to unsuspecting users. Recently I came across a mail apparently from an airline advising me that a ticket has been booked for me and I can download the same from the attachment. I could spot the rogue mail since it was from Delta Airlines. Had it been from IRCTC or a local airline in which I regularly book tickets, perhaps I would have been tempted to see which ticket is enclosed and would have invited a malware into my computer which could well have been a key logger. I have sent the mail for analysis to virus experts and update on the nature of the malware. Readers may however take note of such emails and avoid falling prey to them.

P.S: "The trojan is known as Generic VB.i (McAfee), a variant of Win32/Injector.PVR (NOD32), Troj/Bredo-VJ (Sophos), Trojan.Smoaler (Symantec)."  As of 3/11/2012, it appears that 41 of the 44 AV softwares are able to detect this virus. (If you know Kannada)

PIL Filed against Section 66A

November 9: A PIL has been filed in Madurai High Court seeking repeal of Section 66A which is being repeatedly being misused to arrest and harass political opponents. Report

AirTel accused of Phone Sex Racket

November7: An FIR has been filed on AirTel and others for running a "value added service" on Phone Sex. AirTel which has been accused of several unethical and illegal practices to generate revenue is now facing a charge of outsourcing a "phone Sex Service" and offering it as a value added service to its clients. Naavi has also accused Airtel of cheating customers on delayed account closures and false billing both on data card and 3G services. This Noida incident confirms the existence of such unethical practices as a part of the corporate culture. TRAI needs to take appropriate disciplinary action. Related Article

IPV6 implementation deadline fixed for Banks

November 6: RBI has advised banks to switch to IPV6 protocol before the end of December 2012. Though the migration has been under discussion in network circles for a long time, Banks may find this short notice deadline a little uncomfortable. While many security experts consider that the migration really does not take time, there is a need for Bankers to ensure that during the migration they donot make mistakes that affect the security of the system. Related Article: IPv6 Transition Poses New Security Threats

China Risk.. If you are visiting

November 4: China is considered to be a leader in Cyber espionage. Here is an article that highlights the risks and precautions some cyber security advisors recommend if you are visiting China.  Article

Section 66A in Karti Vs Ravi incident


November 3: Section 66A of ITA 2008 has been receiving lot of attention presently because of the arrest of one Twitter user by name Ravi Srinivasan. There is widespread criticism of the section warranting a need for an academic debate on whether there is anything wrong in the section itself or in its interpretation ..Considering the importance of this incident to "Netizens Right to Freedom of Speech and Personal Liberty", it is therefore essential for us to analyse the whether the incident reflects the offence for which the accused has been charged... Details : Part I : Part II

Karti Chidambaram issue gets hot

November 3: Following the arrest of one Mr Ravi Srinivasan, a small time businessman (who was also an IAC worker) under Section 66A of ITA 2008 based on a complaint by the Finance Minister's son, Section 66A of ITA 2008 has come for a serious debate. Some consider it as unconstitutional and requires to be scrapped.

Is Emergency round the corner?

November 3: The issue of Mr Ravi Srinivasan as well as Aseem Trivedi indicate that we are already in a state of "Emergency" and freedom of speech is no longer guaranteed in India at least for the Netizens.

We can expect that in the next few weeks the real "Emergency" under Article 352 may also be declarred because of  a perceived threat to National Security from various anti corruption activists including Anna Hazare, Baba Ramdev, Arvind Kejrival and Dr Subramanya Swamy. Mr Swamy's reported petition to derecognize Congress  may be the last straw on the camel's back. In such an event naavi.org will suspend its activities until democracy in India is restored.

I request the opposition parties that as and when the next election takes place, if they are still in business, they should include in their election manifesto that "Freedom of the Netizens in India shall be guaranteed".

Netizens Rights Commission required in India

November 2: After the enactment of the amendments to ITA 2000 in December 2008, Naavi.org had pointed out in its discussion on Section 69 and 69A that there was a need for a Netizen Rights Protection mechanism to prevent abuse of law. We had even proposed a "Netizen Rights Commission" on the lines of Human Rights Commission or a separate division to be started for the purpose by the Human Rights Commission itself. Now the time has come to focus on this demand once more due to the repeated misuse of Section 66A as we have observed in the recent case of remarks against Karti Chidambaram.

The current Government does not have time to address this issue nor seem to have the necessary inclination. I therefore wish that Netizens of India make this an "Election Issue" for the 2014 elections. We need to demand different political parties to express their stand on the issue of "Freedom of Speech" on the Internet and in particular how they would deal with the issues arising out of misapplication of Section 66A or Section 79.

While on the subject it was interesting to note that Mr Narendra Modi had expressed some views on Internet Censorship opposing the moves of the Government. I request Mr Modi to reiterate his stand on the subject as he is considered a possible Prime Ministerial candidate for BJP. (Modi supports fight against internet censorship).

I also request both Mr Arvind Kejrival and Mr Anna Hazare also to indicate what is their stand on the subject of amending the amended ITA 2000.

Related Articles: Will the Government Consult Netizens? : Concern for Privacy Rights Vs National Security-

Protective Disclosures are necessary in India

November 1: Aseem Trivedi went to Jail because he displayed cartoons in Anna Hazare meet. Now it is the turn of one Mr Ravi Srinivasan who has been arrested for an otherwise innocuous comment on the Twitter because he was an IAC member. Government of India appears to be so unnerved by IAC that they react violently to any member of IAC however unimportant he may otherwise be. Under the circumstances, it has become necessary for Tweeters and Blog writers in India to consider including in their publications a protective disclaimer stating  "I am not an IAC member". This may mitigate the risk of them being targetted for Cyber Crimes.

We may note that under the Data Protection Act of UK, Political Affiliation is considered a "Sensitive Personal Information". A similar provision should be considered in India also under Section 43A.

(Naavi declares that he is not a member of either IAC or Anna Hazare group though he believes that corruption is the root cause of misery for Indian Citizens.)

Related Article: Hindu

Innovative CAPTCHA s and Advertising Creativity

November 1: CAPTCHA s have become a common security measure used by websites. Today I came across a Captcha which stood out for its creativity in serving an advertising objective. I thought of sharing this with the community. Details

US$ 1 million drawn fraudulently from Citi Bank

November1: 12  Hackers were arrested for  fraudulentlywithdrawing US $1 million from multiple ATMs with  withdrawals  made within 60 seconds which the system wrongly debited as a single transaction. Hope Indian Banks will check their systems and verify if they also have similar vulnerabilities. Report


For Articles of Earlier Date Browse through Archives


 

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 occasion, "Award of Excellence in Public Life"  was presented to 'Cyber Law Guru of India' Na.Vijayashankar...More

 

  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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