How Do you React to a Sec 79 Notice if you are an intermediary?
Naavi's Theory of Regulated Anonymity
Sec 43A Compliance Framework
Arise, Awake and Stop Not until
Indian E Banking is made Safe
India to press for Changing Internet
Governance Structure
May 16: The fact that the Government of India
is moving towards Internet Censorship has been visible in many of the
actions f DIT over the last few months. The systematic manner in which
ITA 2008 is being misapplied to gain control on Internet Content bas
brought Indian policies on the Internet close to that of China and other
totalitarian countries. Though the western countries have also followed
similar policies in the case of Wiki Leaks, the move of the Indian
Government to suggest changing of the ICANN structure to bring it under
the Control of the Government bodies is now threatening to brand India
as a "Totalitarian State" on the Internet. Just as individuals take
different Avatars in the digital society, the "Democratic" India in the
physical world is now taking on "Totalitarian" avatar in the digital
society. As a combination, the present Internet policies of DIT have
made India a "Totalitarian Democracy".
See
this report in The Hindu
Sec 79 rule to come for discussion in
Parliament
May12: The statutory motion for annulment of
rules under Sec 79 of ITA 2008 issued on April 11, 2011 is expected to
be taken up for discussion in Rajyasabha on 15th of this month.
Report
Another Court order for removal of defamatory
content
May 11: In another instance of Section 79 of ITA
2008, Delhi High Court has ordered removal of primafacie defamatory
content against Sri Sri Ravishankar. It may be noted that the Court has
made a reference to the 36 hour rule for content removal to be counted
from the Court order being received by the intermediary (Google in this
case).
Report
Copyright Amendment Bill gets Cabinet
Clearance
May 11: The Copyright amendment bill which was
pending for a long time is reportedly cleared by the cabinet today. The
exact copy of the final amendments need to be checked.
Report
John Doe Orders and Internet Censorship
May 10: An increasing number of John Doe
orders obtained by the Film industry in India prior to release of major
films has raised a debate on whether such orders are being applied in a
manner that they are becoming more of a tool of censorship. It appears
that the order which has resulted in the blocking of Vimeo site is a
"John Doe Speculative order" where it is based on not only unknown
infringers but also for a contingent event that may result after the
release of the film. Is it a new legal principle being established? or
is it a passing phase where a principle is being misapplied?.. only time
will tell.
Related Article
Cyber Appellate Tribunal in Bangalore?
May9: During the first Bangalore Cyber
Security summit in 2009, a promise was made by the then Presiding
officer Sri Rajesh Tandon that he would be happy to see the setting up
of a southern bench on CAT in Bangalore as proposed by Naavi. The then
Home minister of the Sate, late Sri M. V. Acharya as well as the Law
secretary of the state who were present during the deliberations also
agreed with the suggestion.
Subsequently, despite several attempts, the State
Government never took steps to send a formal request to the CAT and the
matter remained unattended. During the second Bangalore security summit
in 2010, the IT Secretary Sri M.N.Vidyashankar again promised that
the CAT Southern bench will be set up within a few months. Nothing moved
except that Justice Rajesh Tandon moved out of CAT on superannuation.
The Government of India did not move even to post a replacement for
Justice Rajesh Tandon and far from a new Southern Bench of CAT being
created, even the CAT in Delhi remained closed for operations. Unmindful
of these developments, the Karnataka IT Secretary has again made a
promise during this year's Bangalore Cyber Security Summit that the
southern bench of CAT would be formed.
Coming from an IT Secretary who believes that "No
Company can invoke Section 43 of ITA 2008" and "No complaint can be
filed against a Company under Section 43", (Refer
related award here) the promise of a CAT bench in Bangalore appears
like an "Election Promise of a Politician".
Related Report in Deccan Chronicle :
Also see:
Internet and Human Right
May 8: Internet as a technology was a
facilitator for the democratic revolutions in Tunisia , Egypt etc during
the last year. This has again opened the debate on "Whether Internet
Access should be considered as a Human Right?". Though there are
differences of opinion on whether Internet should be considered only as
a tool and not considered as a Human Right, the fact remains that the
"Quality of human right without Internet is increasingly becoming
unacceptable". One of the prime factors driving the humanity to this
thinking is that Internet is a "Tool of Expression". The difference
between other media of expression and Internet is that Internet along
with the World Wide Web enables an individual to publish his thoughts to
the world without the assistance of others. This makes Internet a tool
of a human being to translate his thoughts to an expression to the
global society. It therefore has the credentials to demand the status of
a "Human Right".
Vincent Cerf Differs :
UN Special Report Agrees
Apart from the suppression of the freedom of
expression in India through excessive legislation and misapplication of
legislation, Indian Citizens are being denied of the human right through
closure of judicial options for remedy of grievances due to the inaction
of the DIT in keeping the Cyber Appellate Tribunal active.
Karnataka has gone a step further in the direction of
denial of rights of Internet users by closing substantially the options
of the citizens to redress the grievances through the Adjudication
system.
Naavi.org has raised this issue with the Chief
Minister and Law Minister of the State through an
Open letter. Responses are however still awaited.
New York Judge says IP Address is not a
reliable identification
May 5: In a significant judgement, a Judge in New
York has stated that given the dynamic nature of IP address allocation
and the possibility of IP addresses being shared over WiFi networks or
otherwise, they can be no longer relied upon in legal suits to identify
a person and charge him with offences.
Related
Report
Cyber Justice is denied to Citizens in
Karnataka
May 4:. Citizens in Karnataka have been facing
a unique problem as regards Cyber Crime complaints due to the non
availability of any proper legal forum for the Redressal of their
grievances. The problems regarding Police officers refusing to register
Cyber Crime complaints is well known. It is widely prevalent everywhere
in India and also in Karnataka. Additionally, what has added to the woes
of the citizens of Karnataka is that they have been shut off from civil
remedies as envisaged in Information Technology act 2000 due to the
inadequacies in the Adjudication system which is administered by the IT
Secretary of the State. Taking a contrarian view in an earlier case
referred to him, the Karnataka IT Secretary has taken an opinion to the
effect that "No complaints can be admitted for remedies under Section 43
of Information Technology Act 2000 after the amendments of 2008 against
any corporate entity and that no complaints can be made by a corporate
entity as well".
Though the unsustainability of such a stand has been
brought to the attention of the IT Secretary, he has stood by his
opinion. This opinion which needs to be revoked now only on an appeal to
CAT will stay in place until CAT is reactivated by the appointment of a
"Presiding Officer". This combination of inefficiency of DIT in not
appointing a Presiding officer for CAT and the interim decision of the
Karnataka IT Secretary has enormously benefitted some of the Banks who
are e-Governance partners of the government facing complaints from
public.
It is ironic that in such a state of affairs, the
Karnataka IT Department is conducting a Cyber Security Summit. One needs
to ask the Government what the end objective of Cyber Security? Is it
for protecting the citizens of Karnataka? or Is it for protecting the
business interests of those corporates who are in E Governance
partnership with the Government? Naavi.org seeks a response from the
Chief Minister of Karnataka who also holds the IT portfolio to clarify.
Related Report in Hindu :
An Open letter to CM
of Karnataka
Intermediary Guidelines is now a Human Rights issue
May4: For some time now, civil society in
India has been fighting against the Intermediary Guidelines issued by
DIT on April 11, 2011 which inter-alia is being interpreted as a tool of
Internet Censorship. Now it has been recognized that "Freedom of
Expression" is a "Human Rights issue" and the guideline may downgrade
the Human rights index of India when UN is undertaking the Universal
periodic Review some time in June this year. Internet is considered as
an important tool of free expression and any attempt to gag the media
through notifications that provide that intermediaries shall remove
content within 36 hours is highly objectionable. Government can no
longer justify the law as an "Enabling Provision" for national security
reasons since the track record of the Government is that it is often
used against political opponents. The Aseem Trivedi incient, call for
"Pre-screening" of social media content, the case against "Facebook" etc
in Delhi High Court, the Professor Mahopatra incident in West Bengal
have all indicated that Sec 79 rules is an instrument of censorship and
a prelude to "Internet Emergency" in India.
Additionally shutting down of the Cyber Judiciary
system by not appointing a chair person for CAT will be held in a
negative perspective as regards the Human Rights Review.
The DIT needs to therefore wake up from its slumber
and make some positive efforts to clean up its Internet Human Rights
records.
See related DEF report :
Related Article:Will the Government Consult Netizens?..Need for National Netizen Rights
Commission)
Multi-Stakeholder Consultation on Internet
Rights Inaugurated
May 3: Multistake holder consultation on
Internet Rights was inaugurated in Delhi by Amt Aruna Roy, Chairperson
Mazdoor Kisan Shakti Sanghatana. Officials from DIT and various
organizations also participated in the event. Naavi speaking on the
subject highlighted the need for Netizens to be more responsible and
organize themselves into a voice to be heard.
(Copy of the
presentation is available here)
Internet As a Human Right
May 2: A debate has started in India if
"Internet Access" is to be considered as a fundamental right of an
individual. Certain countries such as
Finland have declared access for Internet as a part of the fundamental
right. Even
UN has in a report indicated that Internet should be
considered as part of Human Right. 80% of people
surveyed over 26
countries by BBC favoured the thought of Internet as a Fundamental
right. At the moment however, in India, the top of the agenda is whether
the Internet access we now have is diminishing in value because of the
failure of the Government in having proper regulations which are fair,
democratic and reasonable.
The Digital
Empowerment Foundation in Delhi and Association for
Progressive Communications (APC), supported by the Department of
Information Technology and the National Internet Exchange of
India, Govt. of India. is organizing a national consultative
workshop in Delhi on 3rd may 2012. The workshop will be outlining
India’s progress towards ‘Internet Access for All’, and specific areas
of concern – right to information, internet & information access,
internet governance, Internet regulation, content specifications, cyber
law, and appropriate policy framework.
Risk of Data Loss in Cloud Storage
May1: The risk of data loss in cloud storage
was in focus as the assets of megaupload.com, a data storage
service facility in Virgina was seized by the US federal government on
charges of facilitating copyright infringement. As more than 1100
servers remain seized, data equivalent to 25 million gigabytes remain in
accessible by its owners many of whom are genuine business houses.
Related Report
The issue has thrown open the legal question of
ownership of "Information" as distinct from the "Information container".
It should be recognized that the Government has no right to seize the
assets of innocent parties and have to hand over the information to the
rightful owners at the earliest.
The incident also is a wake up call to those who use
Cloud storage services to ensure that the activities of the service
provider does not affect the interests of genuine users. The need for
DRP/BCP strategies in cloud environment is also highlighted.
Misconceptions About Electronic Signature
April 30: During the recent discussions with several informed
members of the public, there appeared to be widely prevailing
misconception about the provision of Section 3A of ITA 2008 regarding
"Electronic Signatures".
It appears that people have misinterpreted the term
"Electronic Signature" to mean any form of authentication other than
"Digital Signatures". Some are speaking as if "Click Wrap" agreements
will now be recognized. Some Bankers are on the prowl to seize any
opportunity to get the 2-Factor authentication itself recognized as
digital signature as they tried during the G Gopalakrishna Working Group
discussions.
Let's therefore explore this new section
introduced in ITA 2008 a little more in detail...Details
Zero Value Statistics on Cyber Crimes!
April 30: In replying to a query in the
Parliament the Minister has indicated that there were 966 cases booked
in India in 2010 as "Cyber Crimes" some under IPC and some under ITA
2000. These are the records from
NCRB
report which showed an increase of cases registered from 420 to 966
between 2009 and 2010. 153 of these cases were registered in
Karnataka,148 in Kerala and 142 in Maharashtra. These statistics are
however relevant only to study the number of cases registered and donot
reflect the status of Cyber Crimes in India. Huge number of Bank fraud
cases have not been registered and hence the statistics has no real
value for analysing the Cyber Crime status in India. Naavi.org has
therefore been proposing setting up of a "E Banking Emergency Response
Team" to receive information about E Banking frauds directly from the
public, report it on a public website, offer legal assistance to E
banking victims, develop security norms for the Banks who are interested
in making E Banking safer. Eventually this exercise would lead to safer
E Banking in India.
Internet Censorship in India
April 30: Here is an
article on Internet Censorship which may be of interest to people
following the debate on the unconstitutionality of Sec 79 rules.
Naavi.org points out that spineless intermediaries are also to blame for
the lack of application of their minds when a content objection is
received. Recently Mr Ajit Balakrishnan of Rediff.com stated on a TV
program that Rediff.com does not blindly follow the take down notice and
will examine the request properly. This approach is what has been
suggested by Naavi.org.
Basic Security Flaws in Aadhar Enrolment exposed
April 29: After the bizarre revelation about
"Coriander" being issued an Aadhar identity, more frauds have come to
light in the enrolments in Hyderabad. It is stated that over 30000
fraudulent enrolments have occured. One the flaws that has been revealed
is that when an agent tries enrollment and the biometric fails on two
occassions, in the third occassion the system proceeds with the default
biometric.
In otherwords, after two unsuccessful log in
attempts, instead of the system being locked up, it opens up without
biometric authentication. Such a system is never heard of in any
security scenario. This is a clear indication that the Aadhar security
does not meet even the most basic requirements to qualify the system as
acceptable. Add to this frequent loss of laptops with data the system
appears to have been compromised to the core and Mr Nandan may not have
any control over the project being useful. It is time that the
Government scraps the enrolment process forthwith.
We may recall that in one of the very first meetings
with the Aadhar team in Bangalore, the security requirements had been
raised by the group of specialists to whom Mr Nandan had presented the
action plan. We were assured that there is adequate attention given to
the security issues and he does not have any apprehensions. This
confidence has been proven wrong.
Related Article
SC acquits Mr Avnish Bajaj
April 28: The historic Baazee.com case in
which the CEO Mr Avnish Bajaj was facing the charges under Section 67 of
ITA 2008 for liabilities arising out of the posting of obscene video for
sale by one of the members was finally disposed off after 7 years with
the Supreme Court dismissing the charges under both IPC and ITA 2000. It
is to be noted that the acquittal appears to be based on a technical
irregularity in pressing of the charge. According to the
report in indiatimes.com , a three-judge bench of justices Dalveer
Bhandari, S J Mukhopadhyaya and Dipak Mishra quashed the cases
registered against Bajaj under Section 292 (sale etc of obscene
material) IPC and various provisions of the Information Technology Act
on the ground that the company was not made a party to the case and
only the Director of the company was roped in for the said alleged
commission offence.
The prosecution appears to have erred on the fact
that first Section 67 offence should have been charged against the
Company and then with the operation of Section 85 of ITA 2000, it would
have flowed onto the Director. Without making the Company a party to the
offence Section 85 does not become operative. By not including the
Company as "Accused", prosecution appears to have committed a technical
mistake.
Why Russians are considered masters of cyber
crimes
April 26: According to this report from
Forbes, the share of Russians in the global cyber crime earnings of
US$12.5 billion is around US$ 4.5 billion.
Related Article:
Some Stats
DIT's incapability to manage Cyber Laws
April 26: Repeated incidents of misuse of ITA
2008 highlights the inadequacies of the laws or bad framing of the laws.
The responsibility for this has to lie squarely on the DIT.
Unfortunately DIT does not have a good consultative process and relies
on some chosen favourite advisers to draft the laws and regulations. The
proof is that the constitutionality of regulations are being repeatedly
questioned. If DIT can come down from its pedestal and is ready to
listen to wiser counsel from a large section of the society, perhaps the
errors could have been reduced. This article in Indian Express captures
the observations of experts from the field.
A report in IE
I would like to add the following points to the
article.
1. The system of adjudication managed by IT
Secretaries in States under the guidance of DIT is also in doldrums
because of the lack of understanding of law by the IT Secretaries.
2.The system of Cyber Appellate Tribunal has been kept deactivated
by DIT probably lead by vested interests who donot like this forum
to be active.
I would like to add a clarification that CRAC under
Sec 88 was formed and notified on 17th October 2000 but is being
sidelined by DIT. Even the amendments of 2008 are therefore ultravires
the act since it was not vetted by CRAC.
Bank Inspection Reports to come under RTI
April 26: In what could be considered as a
significant and people friendly development, the Central information
Commissioner has held that inspection reports of Banks should be made
available under RTI. So far Banks have been avoiding sharing information
about frauds under the argument that it would undermine the confidence
of the public. RBI has also been avoiding any release of documents
pertaining to Bank frauds in India. The absence of data on Bank frauds
has created hurdles in the possibility of insurance companies coming up
with products for insuring the banks against fraud losses. Phishing
victims are being stone walled by Banks stating that their security is
impregnable and to support this myth are not releasing any fraud related
information to the public. Now this decision of the CIC should enable
RTI applications to be filed on every Bank to find out the extent of
Phishing frauds reported and how the Banks have disposed of each of
them.
Related Report :
In a similar case J& K Information Commissioner has
also held that J& K Bank is a public authority and has to share
information under STI.
Report regarding J&K IC
Do We need anti virus for TVs?
April 23: It appears that
vulnerabilities have been found in Samsung and Sony TVs which can be
exploited to cause disruptions and shutting off the TV. Hope the
manufacturers take note.
Related Article
Has the time come to work on amendments to ITA
2008?
April 23: Civil activists alarmed by the
misuse of ITA 2008 by politicians to curb any writings on the Internet
perceived to affect the reputation of the ruling government, and by some
business interests to protect their business interests, have started
asking for the withdrawal of the rules notified by DIT on April 11, 2011
particularly under the "Intermediary Rules" under Section 79 of ITA
2008.
Naavi.org strongly recommends that even the
"Reasonable Security Practices" notification under Section 43A which was
notified along side the Intermediary rules need to be scrapped as it
unashamedly promotes one particular security framework involving
enormous outgo of funds out of India. The Section 79 rules are linked to
Section 43A rules and makes it mandatory for all intermediaries to
undergo ISO 27001 audits or be damned. This is an unconstitutional
promotion and a scam bigger than 2G scam.
Further the unconstitutional nature of Section 79
actually flows from the amended Section 79 which gives the executive
powers to curb the constitutional right granted under Article 21 without
judicial intervention. The amendment itself was introduced without due
process of consultation with Cyber Regulations Advisory Committee
constituted under Section 88 of ITA 2000 by DIT.
It is therefore necessary that the entire amendments
of 2008 be considered as unconstitutional and re-worked. I request MPs
Mr P. Rajeeve and Rajeev Chandrashekar to take note of this and move the
motion in the Parliament accordingly.
I was one of the supporters of ITA 2008 amendments
when it was enacted because certain provisions were considered necessary
from the point of view of national Security. However politicians have
interpreted “National Security” mean security of the politicians in
power and hence the provisions are being repeatedly misused. It has
therefore become difficult to trust the commitment of the Government to
democratic principles and there is therefore a need for strong checks
and balances in the Act. This can be achieved by a complete overhaul of
ITA 2000 by a major amendment now.
Activists Demand Scrapping of ITA 2008 rules
April 22: Free speech activists held a
demonstration in Bangalore demanding the withdrawal of ITA 2008 rules as
it is opposed to Free Speech principles. The main contention is that
under the Section 79 rules, an intermediary is forced to remove content
without judicial intervention and based only on the complaint of a
victim.
Naavi has however pointed out that it is only a
"tendency to crawl when asked to bend" of the intermediaries that has
resulted in such a situation and also suggested a "Due Process" to deal
with demand for removal of content. (Ref:
How Do you React to a Sec 79 Notice if you are an intermediary?).
If we have spineless intermediaries, it will only encourage Government
to be more repressive. It is therefore necessary for Intermediaries to
rethink on their content regulation policies. They can be law compliant
without being subservient to political interests if they have the will.
Related Article in DH :
Report in ET
A discussion had also been organized by CIS (Center for Internet
Society) on the same subject in which Naavi also had participated.
Game Theory to Predict when Cyber Criminals Start
Striking
April 22: According to Game Theory analysts,
the reason why malware for Apple systems are on the increase from near
zero in 2003 to around 250 per month at present lies in the possibility
that effectiveness of anti virus systems have improved in recent times.
It is estimated that at present the Windows Essentials is capable of
detecting upto 93% of malware variants while other softwares claim upto
99.7%. It is the theory of some observers that with the decrease in the
probability of successful attacks on Windows PCs, cyber criminals have
shifted attention to Mac which may have only around 11% market share but
the probability of success of planting a malicious code is already
beyond the break even level for Windows PC. As the market share of Apple
increases it is estimated that more and more malicious codes for Apple
would be created.
Related Article :
latest antivirus comparative :
Related Research Paper
War on Internet
April 22: It appears that for the last several
days, DIT is working overtime to get the Abhishek Manu Singhvi's
controvertial videos removed from Internet. This explains why DIT is not
finding time to address issues such as appointment of CAT chair person.
While the GOI has taken control of mainstream
internet media such as You Tube and ensured that the Video is removed,
many persons continue their attempt to reach the video to people through
other means. In fact it appears that this could test the relative
strength of the Government which wants to block some information
from publication and the power of Internet as the voice of the people
who want to defeat the Government intention.
While it may be debated whether the current cause of
these activists is noble or otherwise, the developments are throwing
light on what may happen in future if there is a political battle
between the Government and the common people and the Government becomes
repressive of public expression.
In the meantime, the decision of the Court to grant a
permanent injunction on the publication means that Courts are responsive
to the demand for blocking sex related content, particularly when the
content relates to an influential politician . Had it been a
common man in similar circumstances, it would have been difficult to
convince the Court that there was any reputation to be protected in such
cases. But it would be interesting to observe if the same Courts
also support other assaults on freedom of expression when the content is
related to political dissent. This will also determine if obscene
content, defamatory content , Cartoons, and political dissent are
considered different forms of speech and deserve different treatment in
law regarding the guaranteed constitutional right to "Freedom of
Expression".
Ravi Belegere Fined
April 21: The famous public speaker Mr Ravi
Belegere is reported to have been fined Rs 35 lakhs for an article
published in a tabloid "Hai Bangalore" in 2003 criticizing the "Play
Win" lottery. Play Win not only operates online but also engages
services on the physical space for selling its lottery tickets.
In most states in India including Karnataka, Lottery
is banned. It is prima facie considered as anti social. It is therefore
surprising that a journalistic article in public interest should invoke
the wrath of a Court to the extent of fining such a large amount.
It is also not possible to judge whether the lottery systems run on the
Internet are run on fair terms since their software is not subject to
scrutiny of a source code audit by a reputed organization and can
therefore be unreliable. Though Playwin declares that its systems are
audited by E&Y, unless a copy of the audit report is made public,
we cannot find out the scope of the audit and if it suffices to meet the
expectations of the public. though the lottery is perhaps licensed in
Sikkim, it is not clear how it can operate online and offer its services
to states where lottery is banned.
If any reader has a copy of the judgment and copy of
the said article, I request them to send it to me so that we can analyze
and understand under what circumstances, criticizing a business which is
popularly considered immoral by the society becomes a "Defamation".
Related Article
GPS Coordinates in iPhone photo nets a hacker
April 21: A hacker who posted an objectionable
photograph was traced by FBI and arrested using the GPS coordinates
embedded in the photograph taken in an iPhone. Earlier there are reports
about a print out being used to track the printer. It is said that all
colour laser printers print yellow dots as code in the background which
may be used to match the printer in forensic investigations.
(refer article here)
It is not clear if this is also possible in a black and white print out.
Related Article1
Related Article 2
If you want to check if your colour laser prints such
codes, you can visit
http://dotspotter.ultrasec.de/
US Court rules "No Data theft" if access is
authorized
April 21: A US Court of Appeals has ruled in a
case that an employee with valid access cannot be held liable when he
downloads data. This is an interpretation of the Computer Fraud and
Abuse Act regarding unauthorized downloading of a list of names and
contact information in a recruitment firm. This is an interesting
judgement which has relevance to India also. It is interesting to note
that under Section 43 in ITA 2000, India has separate provisions
under Section 43(a) for unauthorized access and 43(b) for unauthorized
downloading. Such a provision should have held the download as a
contravention even if the access is authorized. But the Judge appears to
have interpreted the legal provisions from the point of view of
"legislative intent" and held that a "Corporate Policy" that contains
unrealistic impositions are not fit to be supported in law. This is like
the "Standard form Contract" with all legal jargons thrown into the
Policy whether they are contextually relevant or not. The ruling can
provide relief to many cases even in India where the employers have
tried to institute false cases against employees only because they had
resigned.
Related Article
Call for Scrapping April 11 Rules
April 21: The rules notified by DIT under
Section 43A and 79 on April 11, 2011 have been a subject matter of
controversy ever since the rules were notified. Naavi.org raised serious
objections to Section 43A rules dubbing it as a scam bigger than the 2G
Scam in view of the promotion of ISO 27001 audit through legislation.
Section 79 rules have been objected to because of the apparent power
given to any perceived victim of defamation to get a web content
blocked. Additionally Section 66A misuse by Mamta Bannerjee and the move
of DIT against Face Book et a on political cartoons, has raised further
questions on the integrity of the Government in applying the provisions
in a fair manner. Sec 69,69A as well as Sec 66F hold further threats for
ordinary citizens if the Government wants to misuse their provisions.
66F can impose "Life Imprisonment" for "Cyber Terrorism" and the section
is so drafted that it can be invoked against political opponents at the
drop of the hat. There is therefore no surprise that there are talks of
the rules being questioned as "Unconstitutional" and demands have been
raised for scrapping of the rules.
Hindu in its article today has advocated a National Consultation on
such anti democratic legislation. We look forward to such a process
being initiated by a credible body of the public.
Status of CAT
April 20: Naavi.org has been reporting on the
status of CAT for quite some time now and Naavi has personally taken up
the cause of the public and the difficulties experienced by Cyber Crime
victims due to the non appointment of the presiding officer of CAT at
all levels. However there seems to be no urgency on the part of the
Government of India to re-activate CAT. After a long time a major
publication like ET seems to have thought it fit to carry a small
article on the subject. Hopefully this will wake up the officials into
some kind of action soon.
Article
Hacking a Hotel System to access customer
information
April 20: Researchers have exposed a case
where a trojan package that can infect hotel management software with an
ability to steal the credit card information of clients was being sold.
This represents a strategy to access the customer
credentials through indirect means without hacking into customer's own
machines which might have been well protected. It is necessary for IN
CERT to take up suitable security audits of hotels in India and other
establishments where similar vulnerabilities may exist. The incident
also highlights how purchse of a software needs to be screened for
security issues by IS teams in organizations.
Report
Security Expert exposes Banking Vulnerabilities in
Iran
April 20: A security expert in IRAN exposed
vulnerabilities in the Banking system by demonstrating how the
credentials of the customers can be compromised by hacking into 3
million accounts in 22 different Banks though the information was not
misused by the expert. The expert had before the disclosure reported the
vulnerabilities to the Banks who ignored the vulnerability. The Central
Bank of Iran maintained even after the exposure, that the threat is not
serious.Hope RBI acts differently if a similar situation develops in
India.
Report
US$ 1 million hacked in Brokerage Firm
April 20: Hackers in USA have been reported to
have hacked into retail accounts of a brokerage firm and initiated false
transactions to siphon off over US $ 1 million. A Russian residing in
New York has been arrested. Though similar frauds might not have been
reported in India, risk of such frauds are also relevant and SEBI should
undertake a customer survey to identify "Suspicious" transactions which
could be indicative of such frauds.
Report
GOI issues "Advisory" to State Governments on
Cyber Crimes against Children
April19: In an unusual move, an advisory
appears to have been issued by Government of India to State Governments
regarding handling of Cyber Crimes against Children. The advisory talks
of undercover operations and action to be taken under Sec 69A etc. The
implications of the advisory are many and needs detailed examination.
The advisory
Privacy Bill Panel to submit its report by June
2012
April 14: The panel formed by the Planning
Commission to study the Privacy Bill and give its recommendations to the
DIT is expected to give its reprot by June 2012. Headed by a retired
Delhi High Court Judge Ajit P Shah the committee has a sub group headed
by Som Mittal of NASSCOM which will submit its recommendations to the
Committee.
Report
Six Firms Remain in the Content blocking
Litigation
April 14: Out of the 22 firms which were
originally named in the suit in Delhi High Court regarding the
responsibility for removal of "Objectionable content" hosted on their
resources, all but 6 firms have been taken out of the purview of the
litigation. The six firms remaining are, Facebook (India and US), Google
Inc, Orkut, Youtube and Blogspot (through Google Inc CEO Larry Page).
Related Article
Why Mobile Devices are inherently unsafe for
Banking
April 14: It is always a matter of pride and
joy to take note that technology in the form of mobiles has
revolutionalized life on earth. However when it comes to secure
transactions on the virtual world, we need to remember that mobiles were
not built for secure communications. Unless special efforts are taken by
the users to impart encryption over and above what the service provider
provides, mobile communication should be considered vulnerable from
security point of view for applications such as Banking.
This article highlights the point
While individuals may overlook these considerations,
the regulators should not. Hope the message is reaching the right
persons.
Politicians discredit ITA 2008
April 13: By misusing the provisions of ITA
2008, and using it mainly to curb political criticism, political parties
appear to be discrediting the law itself. When it comes to genuine
action required under the Act such as activating the CAT, there is no
hurry on the part of the Government. However when it comes to muzzling
the expression of criticism of the politicians, there appears to be a
sudden realization that there is Cyber Law in India. Right thinking
persons need to get together and discuss how this issue can be resolved.
If this trend is not curbed we will be seeing a replay of the Emergency
days.
Joint Data Base to prevent Mobile thefts
April 13: US mobile operators are reported to
have agreed to create a joint data base of mobile phones to pevent
stolen mobile phones from being used. This is an urgent requirement in
India also since this will be a great disincentive for mobile phone
theft. In India, using a stolen mobile phone is an offence under Section
66B of ITA 2008 and carries a 3 year impriosnment. The offence is
considered as cognizable. There are hundreds of such offences being
committed each day in different parts of the country. Hence there is an
urgent need for action to trace and block stolen mobiles across India.
This will also help in anti terrorist/Naxalite activities of the law
enforcement.
The WSJ report
Mr Kothimeer gets and Aadhar Number !!!
April 13: It is reported that an Aadhar card
number 4991 1866 5246 has been issued to Mr Kothimeer S/o Mr Palav
(Biryani), Mamidikaya Vuru (Village Raw Mango), of Jambuladinne in
Anantapur district. For the sake of clarification, "Kothimeer" is
"Coriander" (Kottambari). The photograph is said to be of a "Mobile
Number". The incident indicates how the Aaadhar enumerations are
happennign across the country. In the informed circles, there is little
respect for Aadhar and the Government is spending crores of rupees of
public money for a cause which appears to have no sanctity left. What
credibility does the system has if such instances are being reported.
The DH report
"Cutting Edge Technologies"..and Rs 11
lakhs lost!
April 9: In yet another Phishing Fraud and
involving Axis Bank, a customer in Kerala lost Rs 11.14 lakhs.
The fraud involved the fraudster obtaining a duplicate SIM card and
defeating the two factor authentication. Axis Bank as expects claims
that they have implemented "Cutting Edge Technologies" and hence not
responsible for the fraud. Only Courts need to tell if the claim of
cutting edge technologies is true or is only a fraudulent claim...
Report in IE
How Much Money is lost through Phishing in
India?
March 31: Today is the end of a financial year
for Indian Banks. It is time for them to draw their annual reports and
submit it to both RBI and its shareholders. One essential information
missing from Bank reports it the extent of loss in E Banking frauds. RSA
recently stated that the losses suffered by Indian enterprises in 2011
through Phishing was of the order of Rs 172 crores. In an RTI based
information releassed by RBI by DNA, Mumbai, it was stated that during
2010-11, the losses on E Banking were Rs 467 crores in Citi Bank, Rs 298
crores in SBI, Rs 112 crores in ICICI Bank and Rs 39 crores in HSBC. (See
here) According to another rough estimate by Symantec, phishing
related losses in India
was of the order of Rs 6500 crores.
Naavi.org has been fighting for "Safe E Banking" and
advocating that Banks which cannot provide safety in Internet Banking
should be barred from providing Internet Banking service. In this
connection demand has been already made on RBI to cancel the licenses of
one branch each of ICICI Bank and Punjab National Bank. However RBI has
maintained a royal silence.
Naavi has also brought to public attention the
continued vulnerabilities in E Banking as
demonstrated by Mr K S Yash, a
security consultant in Bangalore. The videos of a live demonstration
before a group of experts have also been submitted to CERT IN and
informed to RBI. Invitations have been sent to both RBI and CERT IN
to take the demonstration directly and initiate action to restore the
confidence of the public in E Banking. ... We are awaiting a positive
response from both of them.
Under this background, one must question the wisdom
of Banks and RBI in hiding the real information of how much money is
being lost by Indian Banks through Phishing and any form of E Banking
frauds, whether they are being reported to RBI as per the RBI's Fraud
reporting guidelines?, Whether the losses are recovered out of insurance
as per the RBI's Internet Bankign guidelines of June 14, 2001? If not
why RBI is silent on the Bank's recovering the money from the hapless
customers?, Why DIT is barring legal remedies in such cases by not
appointing a chair person for Cyber Appellate Tribunal since last June?,
Why DIT and the Government of Karnataka has not been able to address the
anomalous situation created by the IT Secretary of Karnataka deciding
that no cases can be brought before him against any Banks?, Why RBI is
tolerating the rogue behaviour of Banks in ignoring its guidelines both
of June 14 2001 and the more recent Gopala Krishna Committee report? Why
RBI is unable to notify the recommendations of the Damodaran Committee
report?, Why RBI is silent on our request to apply KYC failure fines to
create an E Banking insurance Fund?, Why our Ministers Kapil Sibal, Mr
Sachin Pilot as well as the PM are unable to respond to our complaints?
etc.
Naavi.org vows to start a fresh campaign on
"Protecting E Banking Customers" and invites Consumer activists all over
India to join in this campaign. I invite support and comments at
naavi@vsnl.com.
Arise, Awake and Stop Not until
Indian E Banking is made Safe
ICICI Bank on Face Book.. Does it
compromise user security?
March 29: ICICI Bank is known for its
innovativeness. Unfortunately, some times we feel that the
innovativeness crosses its boundaries to possible recklessness. The
recent foray of ICICI Bank into Face Book is one such new brainwave that
has stuck ICICI Bank. Now it is possible to view a person's account
through an application on Face Book. Though ICICI Bank claims that no
data is transferred to Face Book and hence the security of information
is not compromised, for a Bank which has the highest reported internet
banking fraud incidents such statements ring hollow.
One wonders what RBI thinks of this innovation. Does
the security on Face Book meet the recommendations of Gopala Krishna
Committee report? or Does it matter? After all RBI guidelines are
there for the public to see and feel secure.
MP wants Section 79 rules to be annulled
March 26: A motion has been moved in the
Rajyasabha that the notification issued by DIT on Intermediary
guidelines on April 19, 2011 be annulled. The motion has been moved by
Mr P Rajeev, an MP from Kerala.
report
FIR Registered against HSBC Employees for
harassment
March 23: We have reported in these columns
about the disclosure by Mr Yash on E Banking vulnerabilities through a
live demo involving some Banks. The demo included HSBC Bank and
subsequently it had been reported that some representatives of the Bank
had visited his house in Bangalore and threatened his family members
demanding that the demo videos on the Internet should be removed. Naavi
had brought this to the notice of the Bank at higher levels. Now
Mr Yash has confirmed of having filed an FIR against the Bank requesting
the Police to investigate and provide him protection from being
physically harmed.
Kerala High Court admits petition against
Intermediary rules
March 12: Kerala High Court has admitted a
petition challenging the constitutionality of the Intermediary rules
issused by GOI on April 11, 2011. The petition has been filed by an
advocate Mr Shojan Jacob raising objection to certain provisions of
rules under Sec 79 and Section 69A and arguing that the rules are
unconstitutional. Rules under Sec 79 are interrelated with rules under
Section 43A also and hence it may be necessary to look at the rules
under Section 43 A (April 11, 2011) while deciding on the
constitutionality of the rules under Section 79. In particular the rules
under Section 43A provide that if an intermediary can show an ISO 27001
certificate, he is deemed to have followed the requirements under
Section 43A for protection of privacy of an individual. This refers to
privacy while Section 79 refers to freedom of speech. These two are
interrelated and both need to be reviewed for constitutionality.
Naavi.org has already discussed these issues at length in the past and
readers may view the articles in the Archived
News
Related articles:
Writ extracts :
Medianama :
Bar&Bench
GIGA National Seminar held at Hyderabad
March 11: A national Seminar was held at
NALSAR in Hyderabad on "Internet Law and Governance" as part of the
activities of GIGA, (The Institute of GLOBAL INTERNET GOVERNANCE AND
ADVOCACY) established as a center of research, advocacy and training in
Internet Governance and related issues. Justice S.Ravidra Bhat,
inaugurated the conference and also made an interesting presentation on
the E Court project in Delhi which was launched under his supervision.
Officials from DIT including Dr Gulshan Rai, Dr Ravishanker and Dr Mohan
also spoke on Internet Governance initiatives and security issues. Pavan
Duggal, noted Cyber Law specialist gave a presentation on mobile laws in
India. Copy of presentation made by Naavi on IT Act-Issues for Judiciary
is available
here. Prof Vivekanandan, Director of the institute outlined the
activities of the institute including the
free online data base of judgements
maintained by the institute. The
website of giga was also launched during the occasion.
IT Companies in Bangalore face a new
challenge
March11: IT Companies in Bangalore have been
presented with a new challenge with the withdrawal of the exemption from
labour laws for the industry. This is likely to hit the bottom line of
the IT Companies and act as a disincentive for new IT investments in
Bangalore. The industry needs to develop a system of classifying the
workers and the wage levels and obtain a case to case basis exemption.
Industries have been given a six month time to meet the commitments. A
serious effort is required by each company and the industry as a whole
to resolve this issue and ensure that this does not become a death knell
for the industry.
Report in Hindu
Time to Delete Your Face Book and Twitter
account?
March11: A surprising and disturbing report
from US indicates that many employers and colleges are demanding that
applicant's reveal their log in ID and passwords when they apply for a
job or a course. Certain agencies seem to demand during the interview
that password protected pages shall be displayed in front of the
interviewer.
Read the article here
If such a practice is found in a country like US
where there is a huge awareness and activism in Privacy Protection, then
one may wonder what could be the attitude in other more authoritarian
countries.
Perhaps this marks the end of "Privacy" of
individuals on the Internet as we know today... Or is the beginning of a
new trend of anonymous, virtual identities and a second life for some?
A Phishing Mail in the name of You Tube
March 8: Here is a new phishing mail in the
name of You Tube. The mail indicates a You Tube Video but the link is to
some html page which may possible contain some viruses.
See the copy of
the mail here
Why
The Governor of RBI is guilty of this bloodbath?
March8: Reserve Bank of India is by
law the custodian of the interests of Bank customers in India.
It is expected to regulate the Indian Banking system. The
responsibility for introducing and encouraging the use of E
banking lies with the RBI and hence the responsibility for the
loss suffered by customers also lies with RBI. Naavi has also
brought to the attention of RBI that there is a serious flaw in
the Internet Banking security and RBI should take some
corrective actions immediately to prevent the possibility of a
Cyber Terrorist attack on Indian Banks. However all these
efforts have been met with a stoic silence from the authorities.
Under these circumstances, Dr D. Subba Rao, the Governor
of Reserve Bank of India must be considered as having failed in his duty
to protect the interests of the Customers of Indian Banks who are
seeking a safe banking platform. The blood of the E Banking victims is
therefore all over the hands of the Governor of RBI. ...
More
Bank Frauds in Bhopal
March 8: A series of E Banking frauds
have been reported from Indore where it is reported that more than 100
complaints have been registered in the last one year. The Police seem
baffled by the number of crimes and have started advising customers
about safe e-banking. While this is appreciable the report does not
indicate any action taken by banks against the errant Banks and hence it
is unlikely that a solution will be found to this problem in the near
future. RBI should check of the 100+ frauds reported in this report are
there in the FMR reports filed by the Banks and if not, take action
against the banks which are hiding this information from RBI.
Related Article:
Spurt in online banking frauds leaves state policemen baffled
Copyright Decision goes against
Intermediaries in UK
March 7: A three-judge panel at London's Court
of Appeal endorsed new copyright rules, siding with the music industry
over internet providers in a battle over online file sharing. Under the
rules under The Digital Economy Act has rules similar to rules already
in place in France and Ireland and forces internet service providers to
send an escalating series of warnings to users suspected of illegally
swapping movies and music. Eventually, service providers can suspend
repeat offenders' access to the Web.
Related Article
HIPAA Non Compliance Holds up Physician's
payments
March 7: From January 1, 2012, HIPAA
introduced a mandatory shift of the Electronic Transactions and
Code set Standards from 4010 guidelines to 5010 guidelines. The deadline
was extended for 3 months due to the lack of readyness of the industry. HIPAA ASC
X12 version 5010 and NCPDP version D.0 are new sets of standards that
regulate the electronic transmission of specific healthcare
transactions, including eligibility, claim status, referrals, claims,
and remittances. Covered entities, such as health plans, healthcare
clearinghouses, and healthcare providers, are required to conform to the
new transaction set standards. It is understood that due to many
technical issues involved in the migration, there is a large scale delay in the
processing of transactions leading to many physicians not receiving
their payments on time. The industry is requesting another 3 month's
extension of the deadline.
Related article
Indian Business Associates who may be involved in
processing of HIPAA transactions need to ensure that they donot
become objects of complaint in this regard . It would be prefereable for
them to technically review their processes and correct deficiencies if
any.
FaceBook Outsources Content monitoring
March 5: Despite the stand taken by Face Book
that it is not able to manually monitor content in its court case in
India, it appears that Face Book has set in an outsource mechanism to
monitor content. However there is concern on whether this mechanism is
trust worthy and whether it is appropriate to reveal sensitive personal
data to the outsource agency. The mechanism however appears to come
close to some of the suggestions made in these columns about how social
networking sites can meet the obligations under Sec 79 of ITA
2008.Perhaps Face Book is moving in the right direction though some fine
tuning of the process may be required. The suggestions made on
"Regulated Anonymity" may also be relevant here.
Related Article
TV Actress Falls Prey to Lottery Fraud
March 4: Asha K Shetty, a TV actress in Chennai
has reportedly lost Rs 1.77 lakhs in an online lottery scam. She
was lured with an SMS and filled up a form with RBI logo. This
incident indicates the vulnerability of people arising out of the
trust they place on their mobile communications and the name of
organizations like RBI...
Related story in TOI
Theory of Regulated Anonymity
March 3: The theory of regulated anonymity as
propounded by Naavi advocates a conflict resolution solution for
preserving the democratic principles of Privacy Protection in Cyber
Space along with the need of the law enforcement to be able to prevent
misuse of “Privacy” as a cover for Cyber Crimes.
The Theory is built on
the premise that “Absolute Anonymity of the Netizen is impractical as it
would be completely opposed by all law enforcement authorities and is
against the current laws in most countries. ...More
:
Download the entire article
Regulated Anonymity-A Solution towards Privacy compatible with
National Security
Mar 2: There is admittedly, a strong case for “anonymity”
and also “Pseudonomity” as means of protecting the privacy of an
individual on the Internet. However looking from the perspective of
increasing Cyber Crimes and their escalation to Cyber Terrorism and
Cyber Wars, there is an equally strong case for the demand of the law
enforcement for absolute surveillance and need to identify individuals
conducting any transaction on the Internet. The new laws in most
countries including India and US try to provide for such “ Authorized
Invasion of Privacy”. This brings forth the direct conflict between
Privacy and Crime Prevention while formulating regulations.
Is there a solution to resolve this concept?.. Naavi
explores and invites suggestions and comments from legal and
technical persons about how such a system can be designed.
Detailed
article :
Download
the entire article
Why CISO's of Banks will be guilty of murder
Feb 29: This is in continuation of the
previous articles on how Bank fraud victims are suffering heart attacks
because of the loss of their life time savings and focuses on the
responsibility of the CISOs....
More
SBI is unconvincing in explaining Patna ATM Frauds
Feb 29: 22 ATM fraud cases are reported to
have been filed in SBI ATMs in Patna involving a loss of Rs 12 lakhs to
different customers including Rs 4 lakhs by a retired Police officer. (Refer
article in TOI) GM of the Bank has blamed the customers for taking
the help of strangers and not protecting the PIN. However the GM has
failed to explain how the fraudsters have been able to withdraw money
only with the PINs even if they get access to it without the presence of
a Card. If the ATMs can be operated without Cards or with cloned cards,
the responsibility for having such ATMs must be taken up by the Bank. If
there were guards and CCTV as claimed by the GM, why they are not able
to find out those who withdrew the money?. Banks should stop lying about
their security and RBI should stop being silent. In fact the Ombudsman
in Patna should ensure that all the losses are recovered from the Bank
on the lines of the recommendations of the Damodaran Committee.
Related Article in TOI
Indian BPO Owner Charged of Extortion
Feb28: An Ahmedabad Call Center owner has been
charged of running an extortion racket threatening US customers and
forcing them to pay non existing loan dues. The incident reported
charges the owner directly of having committed the offence and not for
vicarious liabilities for his employee's actions. It is alarming that an
owner should commit such a fraud but if true it is a big shame on the
BPO industry in India. It is more probable that such frauds may be
committed by employees of the Call Centers in which case the owner still
takes the liability for the action of its employees but could consider
covering such losses through insurance and appropriate due diligence.
Report in Livemint
Megaupload owner arrested
Feb 28: The owner Mr Kim Dotcom of
megaupload.com allegedly one of the sites mis-using the concept os
secure cloud hosting to host and distribute pirated content has been
arrested.
Related Article
Blood of Bank fraud victims are on these hands...
Feb 26: Naavi has been crusading against the
Indian Bankers who are in pursuit of commercial profits even at the cost
of the lives of their customers. The days when we considered "Customer
is the King.." as suggested by Mahatma Gandhi is over. Today most
bankers have no idea how their services are making their customers lose
several years of their active life. A series of articles are presented
here on the current status of E Banking customers in India..
1.
Indian Media is Insensitive..here
2.
Blood of Bank fraud victims are on these hands...
Watch out for more articles...
SMS Texting Banned in HIPAA Context
Feb 23: The Joint Commission on Accreditation
of Healthcare Organizations (JCAHO) recently issued a “ban” on physician
texting, saying it’s “not acceptable” for medical professionals to
communicate patient information via SMS. This is likely to push for the
use of secure messaging systems. RBI should take note of this
development as they are pushing the use of mobiles in Indian Banking
system unmindful of the risks. JCAHO is an independent, not-for-profit
organization, which accredits and certifies more than 19,000
health care organizations and programs in the United States. Joint
Commission accreditation and certification is recognized nationwide as a
symbol of quality that reflects an organization’s commitment to meeting
certain performance standards.
Related Article
Surge in HIPAA Compliance Issues
Feb 23: According to a recent research in US,
data breaches in 2011 have risen by 32% while at the same time
regulations have become more stringent. Covered entities are therefore
seeing a squeeze from both sides with increasing risks and increasing
regulatory pressures. It is reported that 92% of all healthcare
institutions have experienced data breach incidents atleast once in last
two years and each such incident costs on an average USD 2.2 million.
Related Story
TRAI should Investigate Billing Frauds
Feb 23: After the Number Portability has been
introduced in the mobile circles, companies are finding that if there
are any billing disputes, customers opt for MNP and move out. However
MNP is still not available for data cards and it appears that mobile
companies are now focusing on cheating customers on data transactions
which are more difficult to verify. Airtel being the leader in the
industry appears to be also leading in this scam. It is essential for
TRAI to introduce a system whereby false data billing can be identified
and customers saved from such frauds.
Recently
executives of MTS have been arrested in Mumbai for misusing the KYC
forms issued by one customer and using it to issue data cards to another
after switching photographs to boost sales.
Airtel has been doing this by falsely billing data
usage on cards even when they are not in use. ( I am refering to my own
account as an example). Such false billing has also been observed on the
mobile. It appears that this is prevalent in 3G connections. I have also
demanded Airtel to provide me a study of 3G speeds available in
Bangalore in different parts to substantiate their marketing claims. I
allege that Airtel 3G does not provide 3G speeds but substantially
operates only on 2G networks. Their marketing claims are therefore
false. I have also asked them to provide me the details of my data usage
with reference to the IP addresses and destinations and I am yet to
receive their reply.
It may be necessary for a large scale investigation
to unearth a corporate fraud in Airtel billing department TRAI should
stake steps in this regard.
TRAI should also ensure that the data card device
should be portable across different service providers so that the
customer is not locked onto a service provider if he does not want to.
Also see
AIRTEL sends bills in transparent covers
Feb 23: In a bizarre observation, Midday
reported that hundreds of customers of Airtel received their bills in
transparent covers with the entire bill being visible. Has anybody in
Airtel heard of "Privacy", "Sensitive Personal Information", "Reasonable
Security Practice"?. The incident is a clear violation of Section 43A
and 79 of ITA 2008 and action needs to be taken against the Company.
Mid Day article
Ethical hacker in UK jailed for 8 months
Feb22: An ethical hacker in UK was jailed for
8 months for hacking Face Book. The matter was unearthed in a regular
security review at Face Book and investigated by FBI claiming that it
has rights to deal with hackers in UK. Passing the judgment Judge
Alistair McCreth observed that the hacking could have potentially caused
very serious consequences to Face Book but agreed that the hacker did
not have any intention of making any commercial gain. The Court observed
that there could be an indication of an "Asperger's
Syndrome" in the hacker's behaviour of trying to prove himself
to his father.
Related Article
Bangladesh Hackers/Terrorists give notice through
You Tube
Feb 21: Hackers from Bangladesh appear to be
using You Tube to send a message to India. They have sent a few demands
which are more that of terrorists and threaten a large scale hacking of
Indian sites if their demands are not met. The threat is made out in the
name of the Bangladesh Cyber Army. It would be interesting to know what
the Indian Government response would be apart from perhaps asking for
the video to be taken down.
Video
Laws More Misused than applied purposefully
Feb 21: The case of a web journalist in
Bangkok being tried for publication of comments by visitors on her
website is a case where the intermediary is being held unreasonably
liable for an offence committed by some body else. If more such cases
surface, the intermediaries will be so much afraid of posting any
content that Internet ceases to be of any value as a medium of free
expression. This approach may lend legitimacy to underground
publications who may work outside the legal control. If we want
"Responsible Behaviour of Netizens" it is also necessary that regulators
are reasonable in their approach to political criticism.
Related Article
Case Filed For Disclosure of Face Book Security
Architecture
Feb 19: A security specialist in Hyderabad has
filed a case in AP High Court seeking directions to GOI to demand
disclosure of the security architecture of Face Book. It has also
demanded that Face Book should use stringent identitification measures
such as Face Recognition before opening of profiles to avoid fake
profiles...
Report in TOI
HSBC Bank into massive money laundering?
Feb 16: In a shocking revelation, an ex
employee of HSBC has revealed that there is a massive money laundering
operation going on in HSBC and is reportedly produced more than 1000
customer pages as evidence. The employee who was working as a
Relationship Manager has said “I was shocked to find accounts through
which millions of dollars were being deposited and withdrawn without any
apparent business activity being conducted,...Then when I went to visit
the business, I found nothing – shell companies, vacant offices with no
furniture, or no such business whatsoever at the address listed on the
account records.”
Read the full story here
In response to this expose, HSBC has tried to force
the publication to withdraw the story.
Read report here. To ensure that the stories will be available for
the readers, they are archieved by Naavi.org/ceac.in to be used if
required.
This story also corroborates what Mr Yash, a security
professional in Bangalore has been stating on his attempts to bring to
public knowledge the security vulnerabilities in the E banking system.
E Banking Security Guarantee Scheme
Feb 12: Naavi.org has been in the forefront of a
crusade to make E Banking systems safer for the Bank Customers.
Here is a suggestion that the RBI can implement in this
direction. This could be a temporary or a permanent measure that
can ensure safety of the funds of the E-Banking Customer and
could be the only solution for survival of the Indian Banking at
this point of time...
More
Reduction of Phishing in Ahmedabad
Feb 12: Police in Ahmedabad have reported
substantial reduction of Phishing in Ahmedabad after a leading local
bank introduced IP filtering system to eliminate Nigerian IP addresses.
If this is possible for one bank in one city it should perhaps be
adopted by all other banks.
Related Article
Face Book Responds to Victims
Feb 12: During the last week two victims who
had seen false profiles being created in their names on Face Book
found a quick relief after the matter was suitably taken up with the
Face Book team through a Section 79 notice from Naavi.org. Face Book
appears to have set up a new grievance redressal mechanism to meet such
requests. These two cases were not cases of freedom of speech. One was
the case in which obscene pictures were posted in the profile and in the
other pictures stolen from a lost mobile had been used. We congratulate
Facebook for their quick response. It has given relief to two young
girls who were facing extreme stress on account of the activity of the
some irresponsible cyber criminals.
Will RBI take note of this?
Feb10: Security researchers have identified a
mobile botnet which appears to have compromised more than 100,000
Android devices. Though at present this botnet seems to be targeting
mobiles in China, it gives notice of a serious security threat even to
India where RBI is pushing mobile usage for Internet banking. Naavi.org
has been repeatedly warning RBI that security in Internet Banking itself
is unacceptable and if transactions are extended to mobile devices
further doors of opportunity will be opened out for criminals at the
expense of Bank customers.
Related Article
Indian
Banking System in danger of collapse..What are the solutions?
Feb 8: Given the alarming security situation
in E Banking and continued apathy of the RBI and collective failure of
the ministries of Finance, Home and IT in the Central Government, here
are some immediate measures required to ensure survival of the Banking
system.... More
Three More Phishing Cases in Pune
Feb 8: Three phishing cases were registered
involving a loss of Rs 17.5 lakhs to three customers in Pune. Fraudsters
are making merry since banks are collaborating with the fraudsters with
their lack of basic due diligence in the conduct of Banking and
continued failure of Governance of the RBI.
Report in Midday
Media Takes Notice of E Banking
Vulnerabilities
Feb 7: The vulnerabilities in the E banking
systems in India has slowly started getting the attention of the media.
In a detailed article on the subject Moneylife.in has detailed the risk
of Man in the Browser attack.
Details
Bomb is
ticking to destroy the Indian Banking System
Feb 7: Naavi.org has constituted an "Expert
Group on E Banking Security" consisting of representatives from
different walks of life to which a security professional in Bangalore
made a demo of vulnerabilities in the Indian E Banking Systems. The
group is now contemplating further action to draw the attention of the
RBI and the Government of India to find answers to some of the concerns
raised during the demo. ...
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Report on Privacy Symposium
Feb7: Here is a report in Tehelka on the
Privacy Sympoisum held in Delhi on 4th February 2012.
Report
20 Canara Bank Accounts Hacked through ATM
Feb 5: Naavi.org had reported a few month's
back about an ATM fraud in which a Bank of India customer had lost Rs
40,000/- through fraudulent withdrawal through a Canara Bank ATM.
It had been pointed out in that case that Canara Bank was not having a
CCTV camera in the ATM. Now it is reported that 20 account holders have
suffered similar losses in Yelahanka town where it has been found that
fraudsters had deployed cameras to watch the customer's passwords.
Obviously this must have been coupled with closing of the card itself.
It is also a practice in Canara Bank not to appoint any guards at the
ATM which makes it easy for fraudsters to manipulate the machines
without being observed. This is a systemic flaw for which the Bank needs
to be pulled up. Unfortunately when this case was brought before the
Banking Ombudsman Mr Palanisamy, he dismissed the customer's complaint
and even ruled that no appeal can be made. Had he been fair in his
decision at that time he would have pulled up the Bank and the current
fraud might have been avoided.
Report in Youtube
Now even BBC agrees..Indian Banks wake up!
Feb 5: In the last week a serious discussion
has ensued in India about the weaknesses in the E Banking security.
Despite the security professional Mr Yash demonstrating the weakness
through a video recording of how a genuine Bank customer may find
himself cheated on the E banking platform, Indian Banks have failed to
respond to the public announcement of the threat. Out of the three Banks
used by Mr Yash to demonstrate the weakness, one has used its influence
to bring down the you tube video, the other has issued a legal notice
and the third has sent goons to the security professional's house to
threaten him. If this is the attitude of the Banks it appears they are
not interested in securing the Banking transactions.
The reason for this apathy stems from the fact that
they are aware that the legal system in India is in favour of the Banks
since victims are financially unable to sustain the litigation.
Presently two cases which were decided in favour of the customer are
pending on appeal at the CAT with Government of India preferring to keep
the institution closed by failing to appoint a Chair Person for the last
7 months. In the meantime Banks are working overtime to get absurd
interim orders from some obliging adjudicators against the customers
using their financial muscle knowing fully well that it will take a long
time for the case to get sorted out and by that time the customer would
be frustrated enough and withdraw his case.
Now BBC has also spoken about the Man In the Browser
attacks similar to what Mr Yash was pointing out. Hopefully Indian
administrators will now wake up.
Related Article
HSBC Bank sends goons to silence a
Security Professional
Feb 2: An ethical hacker from Bangalore who
decided to disclose an E Banking vulnerability has found that the bank
instead of correcting the vulnerability would like to silence him.
Unlike another Bank which sent a legal notice for defamation, it is
reported that HSBC Bank sent its recovery goons to his house when he was
not available and caused annoyance and threat to his family members. RBI
should take note of this illegal behavior of the Bank and conduct a
suitable investigation.
Advertisements cause denial of access
Feb 2: We are all aware that ads provide for
monetization of content sites and are therefore a good thing to be there
in support of the free Internet system. But of late advertisers are
becoming greedy and want to usurp the content space. Just as some times
on TV we find that serials exist for the ads, Cricket matches are played
for the ads, the web content is also becoming secondary to ads. I am not
speaking of "Parked" websites which are deliberately created for
monetizing zero content. I refer to respected news paper sites which are
overwhelmed by the "Pop Up Ads" and "Video Ads". The Pop Up ads cover up
the entire page and prevents the visitor from viewing the content for
which he visited the site. Besides there is an increasing trend of video
ads that gulp bandwidth of the user. It is also becoming increasingly
common to disable closure of such ads just as pornographic ads used to
be. I saw one such ad today in the Business World site at the URL
http://businessworld.in/businessworld/businessworld/content/SC-Quashes-122-Telecoms-Licences-Issued-2008.html-1.
The ad itself belonged to Microsoft.. There are similar ads on other
sites and by other advertisers. I consider this as "Denial of Service"
and "Diminishing the value or utility of information
residing inside a computer resource" which are offences under ITA
2000/8. The advertiser as well as the publication will be responsible
for such an offence. I wish respectable publications ensure that ads
remain in the side bar and can pop out only on user's request. Similarly
video ads should by default be in pause mode and the user should have
the option to play it either in the allocated space or on full screen
mode. See the ad here
Director CERT Clarifies
Feb 1: Director of CERT-IN, Mr Gulshan Rai has
clarified in an interview with Mint that Government of India has so far
not exercised its discretion in any case of Website blocking but only
acted on Court orders.
Details