Let's Build a Responsible Cyber Society
15th Year in service of Netizens

 
 
Naavi's Payment
Center
USD-INR Rate

 

Contact Address
E-Mail

 

About Us

Consultancy

Affiliation
 

Trademarks

Privacy Policy, Editorial Policy & Disclaimer

 

Business Enquiries

Advertising

 


 


Search Naavi.org

 

Deep Links

ITA 2008

ITA-2000
ITA 2000- Rules
Amendments
Articles

Archived News

Services

Arbitration

Cyber Evidence Archival Center

Cyber-Notice

Verify4loolalikes

HIPAA_India

Legal BPO

 

Education

Cyber Law College

CyLawCom

 

Reference Sites

LII of India

Legal Information

Cyberlaw Stanford

Cyberlaw.org.uk

Law & Tech Blog

Spreadlaw

 

Cyberlawcases.com

Cyber Frauds

Cyber Crime Cases

Cyber Crime cases2

CDAC-info

Bank Frauds Forum

 

Consumer Forum

Consumer Forum-2

RTI-CIC

DSCI

GIGA

 

Safe surfing

onguardonline

bangalorecss

esafeindia

alertindian

 

Arbor Reports-India

 

CAT Website

List of AOs

Bangalorecss
WSIS
 

Misc Naavi Initiatives

Naavi Cricket Rating

 
 

 

 

Cyber Law Forum

RSS Subscription

[Valid RSS]

 



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


HIPAA Forum of India

Naavi has started a Linked-in Forum for bringing all HIPAA Professionals in India on one forum-Join Today



 
 
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





Employee Access is not "Theft"

Sept 25: In an interesting judgment in the US, an appeal court has held that an employee who downloaded confidential data cannot be considered to have either committed an "Unauhrized access" or has  "exceeded his authority". Report

WP Filed in Bangalore against Government inaction on Cyber Appellate Tribunal

Sept 23: In a clear demonstration of "Lack of Governance" at the Ministry of Communications and Information Technology of the Union Government, the post of the "Chairperson of Cyber Appellate Tribunal" has been lying vacant since end of June 2011. Though a "Member Judicial" was appointed in December 2011 and has been available at CAT office all through the last 9 months, and is otherwise eligible to be appointed as the Chair person, he has not been designated as the "Chair Person".

As a result many victims of Cyber Crimes are reeling under undecided cases and the provisions of  Information Technology Act 2000 remain orphaned. The affected victims include some in Bangalore who have been reeling under a questionable decision from the then IT Secretary that "Provisions of Section 43 of ITA 2000 can only be invoked by an individual against an individual. A company can neither invoke the section nor any body invoke the section against a company". This has left Karnataka in a situation where the Adjudication system envisaged under the Act has been rendered useless.

 Despite many reminders to DIT officials, Mr Kapil Sibal, Mr Man Mohan Singh, Mrs Sonia Gandhi, Mr Rajiv Gandhi as well as the Chief Justice of India, nothing has been done to address the issue. Now two of the victims in Bangalore have moved the High Court in a PIL for necessary directions to the appropriate Government authorities. We may remember that a similar PIL in Mumbai high court way back in 2003 had resulted in the appointment of IT Secretaries as the "Adjudicators".

The petition has been admitted on 22nd instant and notices have been issued to the Union Government for response. Hope this will finally result in some positive action by the Government though Mr S.K.Krishnan, the former Justice from Madras High Court appointed as member judicial will reach superannuation by November 2011 and Government needs to find another person to replace him.

Naavi.org congratulates advocate Mr Chaitanya Gururaj for taking up the cause of the victims and wish him all the success. For more details Chaitanya can be contacted at 9844237351. Developments can be followed at Karnataka High Court website (case number WP 37577/2012).

Report in Hindu (See para vacancy) : Report in DNA : Report in TOI

Improper Information classification leads to loss of 6000 blank VISAs

Sept 21: In a glaring security breach, 6000 blank VISAs despatched by Nasik Security Press to Indian High Commission in London has been lost in transit in London. According to the report the consignment was classified as "B" and "C" category and clubbed along with News papers. It was not classified as "A" category in which case it would have been handled as "Diplomatic Baggage" and collected by a staffer. This is a typical error of "Information Classification" which is the first lesson in Information Security. There is a great lesson in the incident which our Corporates need to learn. Report

400000 security vacancies identified!

Sept 21: The Director General of IND-CERT Mr Gulshan Rai has stated that there is a severe shortage of skilled professionals in Information Security domain. According to his estimate there are presently around 32000 people where the requirement is around 400000. Hope this gap will be recognized by  Engineering Colleges who need to take up necessary programs to generate the required skilled personnel. Report

FBI confirms what was suspected for long

Sept 21: For a long time Naavi has been warning bankers that some of the reported frauds in banks may not be due to theft of customer's credentials but by loss of credentials of the bank employees or their active connivance. FBI has now confirmed that fraudsters are increasingly targeting bank employees to access their credentials with targeted phishing. Report

National IT Policy Cleared by Central Cabinet

Sept 21: The Central Cabinet has cleared a "National Information Technology policy 2012" which addresses several key issues in ICT development in India at the policy level. Amongst the ey recommendations in the policy is to provide "mandatory delivery of and affordable access to all public services in electronic mode". "To adopt and promote open source" is also part of the policy. Another interesting note is "to strengthen the regulatory and security framework for ensuring a secure and legally compliant  Cyberspace ecosystem". The objective is to increase the revenues of IT and ITES industry from US$ 100 billion at present to US$ 300 billion by 2020. The policy in general is welcome and we need o await the implementation measures to be taken by the Government. In the current political environment the policy is likely to take its own time in reaching the next level of implementation. Report

Mumbai Police arrest a Teacher for Uploading false Burma Video

Sept 21: During the recent incidents where fear was crated aongst the people of North Eastern states in Bangalore, Pune and other places, certain doctored video clips were circulated through the internet showing what were projected to be atrocities committed in Burma. This was turned into anger against the people of Assam where the illegal Bangladeshi immigration was being opposed creating a "sense of panic" amongst a section of the society forcing them to run away to their states. Several persons have been arrested in this context in Bangalore. Now it is reported that a teacher in Pune by name Sharif, Ahmed Bashir Siddiqui has been arrested for uploading the video. Report

It is not clear what are the charges pressed. If the intention of uploading was "Distributing it to a large number f persons for the purpose of provoking them and cause disharmony" then it is necessary to press charges under Section 66F of ITA 2008. However if such an intention was not evident and it was a normal activity where any interesting picture in the media is uploaded to a Face Book profile, then it would be cruel to pursue serious charges. The Judge has therefore the onerous task of analysing the situation and take appropriate decision.

First Adjudication case in Orissa

Sept 20: First adjudication complaint in Orissa has been filed by a business man who was cheated with a false email advising a non existent tender from SAIL. The respondent is a website tndertiger.com offering certain information services regarding tenders. Report

Women accused of Cyber Crime in Chandigarh

Sept 16: An young women who lost her car and poured out her frustration in intemperate language on the Face Book page of the traffic police is now under danger of being hauled up for Cyber Crimes under ITA 2008. Report in HT

Government Bungling on Censorship Exposed

Sept 16: It is reported that one of the sites blocked by the Government recently in connection with the purported violence in Burma against Muslims was a blog maintained by a Mumbai Police Commissioner in which he had painstakingly explained how the photos distributed to provoke Muslims were fake. The content would have actually worked to reduce the tension in the society and promote greater communal harmony. By ordering blockage of the site, the officials have actually promoted communal disharmony and committed an offence themselves. It is now time for some Court to appropriately punish the erring officials. Perhaps a PIL should be filed to elicit a judicial response to blocking of such sites which promoted communal harmony. Report

State Sponsored Virus to steal Bank information?

Sept 15: It is believed that "Gauss" a sophisticated malware that steals banking credentials and self destructs itself which has been operating since around an year could be a creation of the US Government targeting Lebanon. Report

Infected ab-initio

Sept 14: Microsoft researchers in China have identified that certain computers supplied by a firm "Hedy", a computer manufacturer in Guagzhou, China contained a virus "Nitol" in the original equipment status. The virus connects the computer to a botnet believed to be run b the owners of 3322.org. Microsoft  has filed a legal suit in a Virginia court in this regard. Report

Technology Intoxication lands young technologists in jail

Sept12: Mr Manmohan Sardar, Sumit and Ankit from Moradabad who wanted to develop hacking expertise as a challenge to Pakistani hacker's defacement of the CBI website, have ended up in jail after hacking a mobile recharge website. This is a typical but tragic incident of misguided young technologists who are immature and ignorant of the consequences of their impetuous behaviour. Report

This behaviour is what Naavi has called "Technology Intoxication". Parents, Engineering Faculty and Corporate HR personnel need to take note of this deviant behavioural tendency and address them in their education and training.

Sedition Charge to be dropped?

Sept 11: After demonstrating their dictatorial tendencies under the possible guidance of the corrupt politicians, Mumbai Police excused out of the need for Police Custody for Mr Aseem Trivedi. Mr Trivedi is however not pressing for bail and has been committed to judicial custody for a few more days. It is now being reported that the charges under Section 124A for sedition is likely to be dropped. It is doubtful if the charge would stick in a court of law anyway and has already made a hero of Mr Aseem Trivedi. Just as Government bungled in arresting Baba Ramdev, the panic driven corrupt politicians appear to be be behaving foolishly and committing one mistake after another. Maharashtra Home Minister has reportedly confirmed that the sedition charges would be dropped. Story in Zeenews

What is Sec 124A of IPC?

Sept 11: Questions are being asked why Mumbai Police slapped Section 124A of IPC instead of using some section of ITA 2008 to arrest Mr Aseem Trivedi.

According to Section 124A, "Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. 2[* * *] the Government established by law in 3[India], 4[* * *] shall be punished with 5[imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine."

The section also explains that "The expression “disaffection” includes disloyalty and all feelings of enmity. Comments expressing disapprobation of the meas­ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section."

It is therefore clear that the Mumbai Police are under a weak ground in proving the offence. They perhaps wanted the excuse of 124A to terrorize Mr Aseem Trivedi and his likes who supported Anna Hazare in his campaign against corrupt politicians. When the entire background of the reasons for arrest was known, it is surprising that the magistrate considered that there was a reasonable ground to accept the charges pressed by the Police. If a magistrate has to blindly commit a person to judicial custody when an arrested person is brought before him without applying his own mind,  there is no reason to refer the arrest to a magistrate at all. The incident also projects the magisterial courts in poor light. Related Story 

India Offers to barter FTA with Data Secure Status

Sept 11: Indian Government is reported to have offered to agree for Free Trade Agreement subject to EU accepting the Data Secure Status for the country. Despite this being of advantage to the BPO industry, the logic of this barter offer is unacceptable. It is unfair to barter the physical society interests to the virtual society interests in this crude manner. Also if we want to have "Data Secure Status" it should be on the basis of acceptable ground work in that direction and not by arm twisting using the FTA status. Report in ET : Report in ZDnet

Mumbai Police Redefines the word "Sedition"

Sept10: The act of arresting Aseem Trivedi is a definite indication that persons in authority responsible for this arrest are "Dictators" in their own right.  At best the activity of Aseem Trivedi can be defined as  "Anti Corruption". If "Anti Corruption" is "Anti National" and seditious, then it means that "Corruption" is accepted as a "National Policy" and as the "Nation". The Police officers as well as the Magistrate who is responsible for this decision need to explain to Indian public how "Anti Corruption" is equivalent to "Anti National". This is a huge blot on the system of law enforcement in Mumbai.   "Absurd" says PC Chairman

Cyber Cafe and CCTV

Sept 7: A Cyber Cafe owner in Pune has been arrested for not maintaining proper records of visitors following some threat mails having been sent by one of the users. Report.

In order to avoid this type of problem, it is necessary that Cyber Cafe owners need to not only maintain the visitor's register but for effective monitoring install a CCTV system to identify the visitors. Naavi has designed a "Cyber Cafe Visitor system for effective compliance and looks forward to implementation partners to roll out the product. This would be of use even for Banks for ATM security. Interested companies may contact naavi through email

Action initiated against Twitter account holders

Sept 7: It is reported that the DIT has issued notices on some of the twitter account holders who allegedly posted inflammatory messages during the NE exodus to appear before a committee and explain their views. It appears that certain procedures are being created for the first time for initiating action under Section 69A of ITA 2008. According to the rules after the emergent measures, the blocking of websites has to be reported to a committee which has to ratify the decision. The current move is a follow up of this. Report

"Cyber Risk Management is a Board Level Responsibility"

Sept 6: The UK Government published new cyber risk management guidance for businesses on Cyber Security. The simple guidance note raises some key questions for CEOs and Boards which are an interesting reminder to Indian corporates too. :The note

IT Opportunities in India

Sept 6: According to an analysis of IT opportunities in India by IDG, Indian IT industry is expected to grow from $100 billion today to around US$ 400 billion by 2020. However the report indicates that Indian BPO market growth is slower than that of China which is set to overtake Philippines shortly. However growth is expected in the Mobile and E Commerce segments where some healthy growth prospects are projected. It is however necessary for Indian Governments to take a deeper look at emerging global competition and initiate appropriate policies that may preserve the growth rate of the ICT. This may require targeted incentives to the industry so that they may expand into emerging business opportunities in terms of new products and services as well as new countries. Report

Tallinn Manual

September 4: A group of distinguished Cyber Security experts from NATO have released a document codifying the international laws applicable to Cyber Warfare. Referred to as the "Tallin Manual", the document is presently in draft form is an expression of opinions of a group of independent experts and is not an official document nor meant to reflect NATO doctrine. However it is a good study of the law governing the resort to force by States as an instrument of their national policy.

Details : The Manual

Electronic Service Delivery Bill

Sept 3: The Electronic Service Delivery Bill which was due for passage appears to have hit a snag with the panel of legislators raising a legitimate question as to whether the Bill is required. Naavi had pointed out that it looked strange that one part of MIT was drafting this bill when another part of MIT released the rules under Section 6A of ITA 2008 since the objective of both were exactly the same. It is good that the anomaly has been spotted by the legislators. We need to wait and see which group of MIT will be able to win this little battle. Report : Medianama Summary Report: PRS 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.

Naavi



If you would like to know  more about Naavi, the information is available here.

For Any Payments to be made to Naavi online :  Naavi_s Payment Center

[Valid RSS]

RSS Subscription

Posts in Bloggernews.net


E-MAIL 


***

 


E-MAIL

Search Naavi.org

Deep Links

ITA 2008

ITA-2000
ITA 2000- Rules
Amendments
Articles

Archived News

Services

Arbitration

Cyber Evidence Archival Center

Cyber-Notice

Verify4loolalikes

HIPAA_India

Legal BPO

 

Education

Cyber Law College

CyLawCom

 

Reference Sites

LII of India

Legal Information

Cyberlaw Stanford

Cyberlaw.org.uk

Law & Tech Blog

Spreadlaw

 

Cyberlawcases.com

Cyber Frauds

Cyber Crime Cases

Cyber Crime cases2

CDAC-info

Bank Frauds Forum

 

Consumer Forum

Consumer Forum-2

RTI-CIC

DSCI

GIGA

 

Safe surfing

onguardonline

 

esafeindia

alertindian

 

Arbor Reports-India

 

CAT Website

List of AOs

Bangalorecss
 
 

Misc Naavi Initiatives

Naavi Cricket Rating

 
 

 

 

Personal Links

Daily News

General
IT
Cricket
 
Daily Horoscope
.

*

Visit
www.Naavi.net

Visit
www.lookalikes.in