Beware of the Micro Credit Card Fraud

Credit Cards are today being used by many of us as a means of convenience to make payments for various day to day requirements. Some times we use the same credit card also online. While the use of credit cards is on the increase, a new Micro payment scam is being reported from US.

According to this article in bloggernews.net fraudsters open a website and register themselves as “Merchants”. They then pass on small charges of 10 cents or so in the hope that card holders donot bother to check their statements and raise a dispute.

We in India might not have yet observed this sort of a fraud. However we may expect similar frauds in India also since Banks are not very vigilant in appointing the merchants.

According to the latest RBI guidelines of February 28, 2013 on Risk Mitigation, it is mandatory for Banks to ensure that the merchants are subjected to PCI DSS audits. If this is faithfully followed the risk may be contained. However credit card users need to be vigilant and check their statements without fail.

Naavi

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Government issues clarification on Section 79 rules

The rules issued under Section 79 for Intermediaries had created a confusion in some circles about the action to be taken by the intermediary on receipt of a complaint about a specific content. Since the rules suggested that action had to be taken within 36 hours, most intermediaries had wrongly interpreted that they need to take down the objectionable content within 36 hours. This had made many intermediaries assume the role of censoring any objectionable content.

Naavi has been suggesting that this interpretation is incorrect and it would be sufficient to initiate a remedial action within 36 hours thought he resolution may require more time.

Now the DeiTy has provided the required clarification on similar lines. See the clarification here.

Naavi

Posted in Cyber Law, ITA 2008 | Leave a comment

Adjudicator Maharashtra on Privacy of employee data

In an interesting award from the Adjudicator of Maharashtra, an employer (Rud India Chains Private Limited) who fought the complaint of  an employee (Amit Patwardhan) for privacy violation with the counter charge of employee sharing confidential company data with a rival company, for financial benefit has been caught in his own web and faces the charge of wrongfully hacking into the information of the employee.

See the Judgement here

The employer has produced a bank statement of the employee as evidence that he had received some money from a rival company. However they have failed to convince the adjudicator about the legality of the means by which they have obtained the information since the Bank has denied having officially provided the data. This has lead to the inference that the employer must have obtained the information through “unauthorized access”. The Award has made a mention of recognizing the offence under Section 43(b) read with Section 66.

The Adjudicator has however not awarded any compensation or costs to anybody. There is a good logic here because it appears that the Adjudicator was otherwise convinced that the employee had made money from the rivals of the company and had not therefore come with “Clean Hands”. He has therefore considered that he should not be given any benefit as a compensation against privacy violation. At the same time the employer also cannot benefit from an illegal activity though it is to prove another activity which may be unethical and against an employment contract. So the Adjudicator has felt that he also does not deserve any benefit from law.

The judgement appears to be in accordance with the principle of natural justice and deserves to be commended.

The incident also indicates the common mistake that some litigants commit without knowing the legal implications of their action. The ill advised litigants hire the services of half baked security practitioners who help them use key loggers to hack into employee e-mails or otherwise illegally extract information to be used in a legal battle. The end result is that for sustaining a civil damage claim they expose themselves to a criminal liability.

For example now that a judicial entity such as the Adjudicator has categorically given a view that “Section 66 Offence has occurred”, the  police will not have any option but to take cognizance of the offence and proceed against the employer for criminal prosecution. On the other hand it will be difficult for them to get  civil compensation from any other Court. It is therefore a situation where the employer is doomed. Probably the blame for this should be taken by the person who advised the employer to take this route of “hacking for evidence.”. Such an activity is only possible on specific permission of a Court of law or under special powers that the Police may exercise under emergencies.

Naavi

Posted in ITA 2008, Uncategorized | 1 Comment

Netizens influence Elections

A study conducted by IRIS Knowledge Foundation, Mumbai has thrown up an interesting finding that nearly 28% seats in the Loksabha can be significantly influenced by the social media like Facebook. The study has listed 150 constituencies where there would be a “Significant Impact”.

In these contituencies the number of Facebook users was higher than the victory margin in the previous election or were more than 10% of the voters. The survey has identified 160 such constituencies out of 543 constituencies in total.

Additionally,  67 constituencies have more than 5% of voters as Facebook users have been identified as contituencies where the Facebook users can have  moderate impact on the elections.

In Karnataka which is going to polls on May 5th, the study has identified that in nearly 43% of the seats, Facebook users could have an influence on the outcome.

More on this is available at : http://www.aifon.org.in/wp/?p=105

The full report is available here: http://www.esocialsciences.org/Articles/showArticle.aspx?acat=Recent+Articles&aid=5308

I request Netizens who agree with this post may use the banner image above (or create similar message banners) and insert it in their personal web pages, and blogs. They can also use it in e mail messages to their friends so that Karnataka Voters may vote for better candidates.

Naavi

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Comments on IT Rules from Center for Internet and Society

The Center for Internet and Society (CIS) has released a commentary on the rules which the DeiTy had released some time back on

a) Electronic Service Delivery under Section 6A of ITA 2008
b) Reasonable Security Guidelines under Section 43A of ITA 2008
c) Cyber Cafe guidelines under Section 79 of ITA 2008

The commentary includes suggestions and is very informative. It also indicates how inefficient the DeiTy works in matters as important as framing legislations.

However many of the problems in ITA 2008 originate in the Act itself and hence correcting it through the rules may not be completely possible.

Mr Bhairav Acharya who has created the commentary may be complemented for his excellent work.

Naavi

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The Power of “Na”

Today I came across an interesting caption of an article in afaqs.com  viz “The Power of Na”. This refers to a social interest campaign urging citizens not to tolerate injustice and learn to oppose evil by saying “No”. (TV Commercial can be viewed here )  The campaign also reminds one of the well known book “Don’t Say Yes when you want to say No”.

Today when I have adopted “Na” as my initial and “Naa-vi” as an identity it appears amusing to read the article and recollect one of my past experiences.

Recently, one of my friends cautioned me that I am fighting with many persons in the establishment and it is not good for business. In the light of this friendly remark, I now revisit some interesting experiences of the past which is relevant to the development of “Na” Vijayashankar.

During an early part of my career in Indian Overseas Bank, there was an incident in Coimbatore when there was a need for me to fight for what I considered as a requirement of my office against the wishes of some administrators. True to my principles, I said “No” to one of my superiors much against the tradition. Following this, the senior executive speaking in a function in front of all the staff members made a point without refering me by name but to every one’s clear understanding that it was meant for me, about a “Principle of Success” he had followed in his career. He said “As long as I was saying No, No, I could not make a progress in my career. But once I learnt to say Yes, Yes, I had a quick career growth. I want my young colleagues to understand this truth in career growth”. Even after about 30 years since the incident, the words of my superior is still ringing in my ears and I often analyze my career in the light of this suggestion.

Fortunately or unfortunately, I could not follow this advise and continued to always fight for what I considered is correct. Along with my initials “Na”, I had become a “No” person without realizing the meaning of the word in Hindi. This lead to several disagreements with superiors both within the Bank and even later when I moved to the private sector and was also perhaps instrumental in my decision to leave the safe public sector career in preference to a risky private sector career and later the more risky entrepreneurial career.

Even now as an entrepreneur, I am also confronted with the ills of the society I see around me and have to often raise my voice of dissent against the establishment as a Netizen Activist making “Na” a part of my character without my even realizing it.

However, when I often consider whether “Being Diplomatic” is essential for career growth, I have always felt that “Being myself” and being committed to certain principles of life which I consider are good for every human being, is more important than working for career growth through hypocritical and selfish principles. This often gets reflected in my blog postings both here as well as in other blogs on politics

If in the process, “Naavi” gets an image of “A Person who always says No to injustice”, it is fine even if it is not always a good commercial decision. Perhaps after the Dainik Bhaskar campaign, what remains in the minds of people is the word “Na” which could become more familiar to people. Just as David Cameroon popularized the term “Na’Vi” through his film Avatar, I hope the Dainik Bhaskar campaign may popularize the phrase “Na.”

As long as people only remember the phrase “Na”, identify me with the “Na” brigade in the positive sense and my customers donot say “Na” to “Naa-Vi”, the “Na” image should be fine!

Naavi

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