The Dilemma of WhatsApp Ticks

The Mumbai High Court recently gave an order in which it has expressed its view that when a notice is served through WhatsApp and a “Blue tick” appears against the message in the sender’s phone, it can be accepted as a legally valid delivery for notices. (Refer  report.)

Justice Patel delivering his views stated

“For the purposes of service of Notice under Order XXI Rule 22, I will accept this. I do so because the icon indicators clearly show that not only was the message and its attachment delivered to the Respondent’s number but that both were opened,”

(Refer Copy of Order)

This is not the first time that WhatsApp has been used to deliver a Court notice. This was first used in India in the Haryana Tribunal of Ashok Khemka (See details : Notice through WhatsApp… Mr Khemka’s order)

The Mumbai High Court has used its authority to define a Court procedure and perhaps the litigant is happy. Many other professionals  have also welcomed the move and held it as “Progressive”.

I am not fully aware of the compulsions felt by the Court in this order but would like to point out a word of caution  and call this as a decision that the Court may regret at some point of time in future.

It must be remembered that ITA 2000/8 defines the legal aspects of “Sending”, “Receiving”, “Acknowledging” of electronic messages along with the “Evidentiary Requirements under Section 65B of Indian Evidence Act applicable to electronic documents.

The ruling of the Mumbai High Court appears to have ignored the provisions of ITA 2000/8 and the advocates of  petitioner have conveniently not brought the legal provisions to the attention of the Court. Since the defendant was anyway not represented, the Court went ahead with its ruling without any objection having been raised.

The “WhatsApp” message sent as visible on the sender’s mobile is an electronic document which is recognized under ITA 2000/8. However, it is an electronic document and is available as admissible evidence only if it is certified under Section 65B of IEA. The Court was therefore wrong in enclosing an uncertified print out to its order which it says as a means of “Abundant caution”. It is not clear who took the print out and whether the Judge himself is certifying that it is a valid Computer Output under Section 65B of IEA and becomes a witness.

Secondly, according to Sections 11,12 and 13 of ITA 2000/8, the message (if certified under Section 65B of IEA) may be considered as a message sent from the given mobile which belonged to an authorized officer of the claimant as indicated in the order. This was perhaps sent on 6/6/2018 or later, more probably on 8/6/2018 at around 5.31 PM. There is a blue  double tick to indicate that it could have perhaps been received by the recipient at 5.34 PM.

However, Sections 11,12 and 13 of ITA 2000/8 do not support considering that the message along with the notice (in PDF attachment without hash value) has been received by the respondent whose physical address is available as Flat No 104… etc.

It is not known if a Registered Acknowledgement Due notice had also been sent through Indian Postal Authorities or it has been excused.

Hence the Court has gone under the presumption that the mobile number indicated by the petitioner is in fact the mobile number of the person named in the notice and that the double blue tick indicates that it has been “Delivered” to the recipient. The conclusion that it has been delivered is based on what the claimant must have told the Court and not on the basis of any other evidence submitted.

Since the message itself is not Section 65B certified, it is quite possible to argue that it is not admissible under Section 65B  of IEA though it can still be rectified with a certificate now. But if the message has been deleted in the meantime, then the evidence may not be available for rectification and re-production

Now that a Court has given some kind of a legitimacy to WhatsApp, as a “Courier” and an undigitally signed double tick mark on an automated message as the “Signed Confirmation of the courier”, it appears that a claim will be made on other cases also by advocates or senders of message that he has sent a message and even without the acknowledgement from the recipient, it should be deemed to have been seen because of some extraneous reasons. This could create some issues in future and the Court may have to admit that it was over eager to be seen as techno savvy in producing this order.

We need to wait and see if this presumption would lead to misuse of the trust placed by the Court on the WhatsApp system.

Naavi

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Bitcoin is Digital Black Money…. Why?

Yesterday’s post titled “Bitcoin is Digital Black Money… Is Fake news being promoted by Cogencis?” attracted some serious counter comments which has raised some questions. This article was not the first of the articles I wrote on Bitcoins.

In fact, like many other technology supporters, I was also fascinated by Bitcoins when the concept was first introduced and even pointed out that Bitcoin is an electronic document that is recognized in Indian law namely the Information Technology Act 2000. However, some of the current readers of this blog might not have followed my views  in the past and why I changed my views on Bitcoins and now came to the conclusion that Bitcoin is Digital Blackmoney. One such person has raised some questions which I will try to respond here.

Ofcourse, for those who may have a financial stake in Bitcoin, my criticism of Bitcoins and urging the Government to ban it, hurts. I am sorry for it since many of these people are honest individuals of the society and may not themselves be either corrupt or persons who accumulate black money by design. They are the people who have been caught in the crossfire in the fight between the Government trying to curb black money and the real blackmoney holders which includes the politicians, businessmen and even bureaucrats who are expected to take decisions on either legitimizing or banning bitcoins.

But these are the people whom the real blackmoney holders are using as a shield to prevent the Government from going ahead with its anti corruption drive. Unfortunately, since my eyesight is focussed on the people behind this shield, I keep firing my thoughts which may look damaging to the innocent persons in between. Readers need to excuse me for hurting them which I cannot avoid in the larger fight though I have suggested some remedies in the past to address their concerns. But the time for protecting the interests of innocent bystanders is now past and we need to go ahead with the elimination of the menace called Bitcoin.

Why do I call Bitcoin as the “Digital Black Money”? 

Bitcoin is mainly supported for it being a “Decentralized Currency with wide acceptance” that can be used in lieu of fiat currencies. In otherwords, the most common use case is to convert our legacy holding of legit currency into bitcoins. If such Bitcoins are held in wallets that are managed by a service provider who is not a “Authorized Dealer of Currency” licensed by RBI, the Government of India has no control or even count of how much of such currency is in circulation and who is the owner of the wealth. The very fact that holdings of Bitcoins is anonymous and is protected by “Encryption” which is unbreakable, makes it vanish from the radar of Government control.

The philosophy of Bitcoins as suggested by Satoshi is born out of a distrust of the sovereign Governments which control the currency systems and hence the inherent nature of bitcoin is that it will remain anonymous and outside the radar of any sovereign Government. There is no name to such anonymous privately managed currency other than calling it “Black Money” in the traditional sense.

I agree that Black Money is also money and in the underground world it is having a value. But while the conventional black money is actually the currency in the form of notes issued by RBI, Bitcoin is “Digital”. Hence I have used the term “Digital Black Money”.

I am sure that the terminology cannot be disputed even if some of the users may love “Money which is Black”.

Why Do I dislike Digital Black Money?

I dislike Digital Black Money more than Paper Black Money because, Digital Black Money can be easily used by terrorists across the border to fund the stone pelters of Kashmir or the terrorists across the globe. It can also be used seamlessly for political corruption and funding fake journalists who spread rumours to discredit the progressive political opponents.

We know that Pakistan prints Indian currency and sends it across the border to fund terrorists and also destabilize our economy. One of the reasons why during the demonetization exercise, RBI got nearly 100% of the estimated black money coming back to its fold was that there was nearly 100% of black money in circulation in the form of fake currency printed by Pakistan. These were so indistinguishable from genuine currency that RBI could not make out the difference.

There is an unconfirmed report floating around that Pakistan is even buying the old currency to use it either as paper feed for printing new fake currencies or for some other sinister purpose. I even welcome the suggestion made by some that if we carry a statement on our currency “Kashmir is an integral part of India”, then Pakistan may stop printing our currency though it may be comment made in jest.

If Bitcoin becomes a legitimate currency exchangeable into legit currency in India, then it becomes so easy for the Pakistani terror supporters to transfer funds to India for their nefarious activities.

I request all those people who donot like my opposition to Bitcoin give me a good reason to believe that Pakistan will not use Bitcoin transfers to fund terrorism in India if Bitcoin is legalized.

Also remember that if Bitcoin is brought into the main stream, it will bring along the entire family of crypto currencies including the Etherium, or Ripple or Monero any 1500 other currencies which are in use by the Cyber Criminals to collect ransom for drug trafficking or illegal weapon trade. Since Bitcoin is easily fungible with these other Crypto currencies, the entire market capitalization of crypto currencies estimated at one trillion US dollars (equivalent to Rs 65 lakh crores). As against this, the money in circulation in India is probably about 12 to 15 lakh crores.

In otherwords, if Bitcoins are legalized in India the total currency available for exchange of goods and services in India would increase to six times the current level.

People can estimate if this 600% increase in available money circulation would help in making the economy inflation proof or bust the economy.

I have been an ex-Banker but not a currency specialist. But to me it is clear that there is no logical reason why Bitcoin should ever be legalized. I am not bothered with what Japan or  Switzerland or what the global community does in respect of Bitcoin.

After all all European economies have grown by exploiting the developing countries. Switzerland in particular has benefited by the numbered bank accounts which were the original repositories of black money of all those who cheated their respective Governments of tax and revenue and increased the cost of living of honest citizens who donot access such proxy bank accounts to park their wealth  and continue to pay taxes to their respective countries though much of this goes to funding the politicians. We donot have to take lessons from such exploitative economies.

I cannot therefore understand why Mr Arun Jaitely is dragging his feet in not banning Bitcoins. I cannot understand why Mr Rajnath Singh has put his foot down to ensure that Bitcoin is banned. RBI is being pressurized by the Finance Ministry to remain ambiguous. Some of the members of MCX even tried to manipulate the public opinion when the Government tried to collect public views on Bitcoins.

As of today I still trust Mr Modi and Amit Shah but I feel that he is not getting support from the Finance Ministry in his fight against Black money because the officials are not in favour. People may be planting doubts even in the Modi-Amit Shah duo that perhaps Black Money Monster is too big even for them and it is better not to disturb it further. This I think is the reason why Government is not able to come out openly and ban Bitcoin.

In the process we are missing an opportunity to use technology in a manner that benefits the global financial community. We can use lessons from Bitcoin and create a Global Crypto Currency that is supported by sovereign Governments and could reduce cost of currency management in the globe without adversely affecting the economies by creating chaos in the society.

We all have to say “We Trust Judiciary” and there is the “Honourable Supreme Court” to protect our interests. But when it comes to Bitcoins, there have been many references to Supreme Court and it has remained silent and has not also come out strongly against the Bitcoins. While Supreme Court can react at the drop of the hat on political issues or religious issues, it is strange that they donot have a responsibility to protect the country against Black money in the form of Bitcoins.

I am not therefore surprised that commercial journalists like Cogencis try to plant stories in support of Bitcoins. In fact I know that I have lost many friends because of my opposition to Bitcoins. But as somebody committed to a cause, I continue to express my opinion counter to that of Bitcoin supporters.

I hope that this answers my friend who sent a detailed objection to my earlier article…. and many who might have had similar queries but did not write to me?

Naavi

 

 

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Say No to Bitcoins

Bitcoin is Digital Black Money… A Currency of the Criminals and Terrorists. Neither RBI nor Government of India can legitimize it without sacrificing the interest of the country.

Despite planting of fake news and support of some journalists, it would be too much to expect that Mr Modi will make a U-Turn on Black Money control.

Naavi

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Bitcoin is Digital Black Money… Is Fake news being promoted by Cogencis?

In the last few days, Economic Times has been carrying on a campaign for legalization of Bitcoin. The article “U-turn on bitcoin? Government panel may allow cryptos with riders ” which does not carry the name of the reporter suggests,

“A panel formed by the government to look into crypto-currency does not seem to be in favour of banning it. Instead, it may suggest allowing crypto-currency with riders, ETNow reported quoting Cogencis. “

It is not clear why ETnow is spreading this news which could be a fake news planted by some interested Bitcoin holders.

ET bases its story on “Cogencis” which is a company co founded by one Mr Kalyanram Kodakalla having directors such as Paurush Roy, Vimal Agarwal, and Deepak Ghaisas. The company professes to be a “Trusted” global provider of Financial Data and Analytics. It has offices in Mumbai, Bangalore, Hyderabad, New Delhi  etc. (Refer www.cogencis.com)

I would like to request Cogencis to disclose what was the source of their information which should have been from the Ministry of Finance.

To an ordinary observer, it appears to be a Fake News planted for promoting the Bitcoins. It is unfortunate that Economic Times is trying to legitimize this fake news.

I request the Government of India to conduct an enquiry into how this news has been manufactured. In case there is any involvement of the officials of the Finance Ministry, they should be punished.

Let us remember that Bitcoin is Digital Black Money and the people who are supporting it include those who converted their black money during the demonetization time into Bitcoins. Additionally there are criminals and terrorists who have built up Bitcoin wealth and want a legitimate channel to bring it into the legacy currency system so that they can destabilize the economic progress of India.

There is no way any official who is himself not corrupt to support any move to legitimize Bitcoin. RBI has been opposing this move though it appears that  some of the officials in the Arun Jaitely Ministry are in favour.

It is now left for Mr Modi and Mr Amit Shah to show their commitment to Black money eradication by sticking on to the policy of  “Banning of Bitcoin”.

Let us hope that even if Ministry of Finance has been corrupted, PMO still remains uncorrupted. The proof of the pudding would be how Mr Mr Modi will react to the news doing the rounds now.

If Mr Arun Jaitely is honest, he should clarify if the news report is correct or is fake.

Naavi

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Fraud and Breach Prevention Summit of ISMG at Bengaluru

Information Security Media Group a global organization managing several media assets  (Refer: www.ismg.io) organized a two day event at Taj Vivanta, Bengaluru titled Fraud and Breach Prevention Summit, starting today the 12th June 2018. It will conclude tomorrow.

In a widely attended conference, several eminent Info security professionals shared their valuable thoughts on different subjects relevant to the Information Security practitioners through sessions through out day. The undersigned also participated in a discussion on “Aadhaar Security Conundrum”.

One of the interesting sessions during the day was a session on “Detecting and Fighting Fraud with Cognitive and Behavioural Biometrics” presented by Mr Tamaghna Basu, CTO neoEyed. Mr Basu shared some interesting thoughts of using behavioural biometrics such as the Key Board strokes, Gait recognition, Signature Analysis etc. Mr Basu showed how an analysis of how a person would enter a PIN or signature or password could be analyzed to develop a distinct pattern that can be used as an additional form of authentication that would be able to significantly reduce the forging of key strokes.

The solution briefly demonstrated by Mr Basu appears to have a good potential to be used by Banks and Financial institutions and deserves a serious trial.

Mr Vishal Salvi of Infosys delivered the key note address in which he presented useful perspective on the Changing Threat Landscape and how different aspects of Cyber Security such as the regulation, Controls etc are out of sync with the frequency of change of the threat scenario and why it is necessary to achieve a resonance between different aspects of Cyber Security so that there could be a quick adoption of controls to the changing threat scenarios. Mr Bharat Panchal of NPCI gave a thoughtful presentation on the status of payment systems in the Digital economy. There was also discussions on Block Chain technology for security and other subjects of interest which were widely appreciated by the audience.

The discussions will continue tomorrow.

Naavi

 

 

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