|
|
|
 |
|
|
|
|
Hacking into the SIM Card
A report has been received by Naavi.org from a customer of Hutch which raises certain serious issues of security in the Mobile Industry and the lack of proper response from the Mobile Service Operators.
The report received is reproduced here:
DEAR SIR,I GOT A HUTCH CONNECTION MOBILE NO. 9988900008 & WAS USING THE SAME. I HAVE ALL THE RECEIPT OF BILLS PAID BY ME. SOMEBODY ELSE WAS MAKING CALLS FROM MY CONNECTION AFTER GETTING A DUPLICATE SIM WITH THE CONNIVANCE OF CORRUPT HUTCH OFFICIALS. AFTER THE INTERVENTION OF MR. NEERAJ CHAWLA, PRESIDENT, THE ANTI-CORRUPTION FEDERATION OF INDIA (REGD.) THE HUTCH OFFICIALS DISCONNECT THE CONNECTION BEING USED BY SOME OTHER PERSON. BUT AS A MATTER OF REVENGE THE COMPANY DISCONNECT MY CONNECTION ALSO BY LEVELLING A FALSE CHARGE OF VERIFICATION NEGATIVE. I ALSO MADE A COMPLAINT TO THE POLICE BUT THEY EVEN NOT HAS DECIDED THE MATTER YET AND STILL PENDING IN THE POLICE STATION. TO MY MIND EVEN POLICE IS NOT ACQUAINTED WITH SUCH TYPES OF CRIME AS THEY ARE DEALING SUCH COMPLAINT FOR THE FIRST TIME. MY CONNECTION IS DISCONNECTED. NOW SUGGEST ME THE WAY I SHOULD ADOPT.
THANKS,NARESH DHALL,S/O LATE SH. TILAK RAJ DHALL,B-IX-630, GULCHAMAN GALI, NEAR BABA PEER MASJID, LUDHIANA.CONTACT NO. 098888-57035This incident raises two issues which we may debate for academic clarity.
Issue 1: Does this case fall under ITA 2000?
The incident involves "Creation of a Clone Copy of the SIM Card" and using the "Clone" in such a manner as to adversely affect the use of the original by the true owner.
Since SIM card is a "Computer" as defined under ITA 2000, and cloning involves "Making a Copy of the Electronic Document", the offence falls under Section 43 of ITA 2000 under which the victim can claim damages for the losses suffered (upto Rs 1 Crore).
Further since there is a "Change made in information residing inside a computer" "With the knowledge and intention that it would cause wrongful harm to another", and also that the value of information residing inside a computer resource has been diminished, the offence falls under Section 66 of ITA 2000 under which the victim can be punished with imprisonment upto 3 years.
Issue 2: Is Hutch Liable?
The liability of Hutch can be seen under two different statutes. As a service provider, Hutch will be liable for deficient service under the Consumer Protection Act. Perhaps Hutch would also be liable under IPC for fraud if any of the employees are involved as alleged in the complaint.
However what is more relevant for Cyber Law observers is that under Section 85 of ITA 2000, Hutch as a company, its CEO as well as the Business Managers who are in charge of the relevant business would be guilty for punishment under Section 66 if they are either considered negligent or having not followed due diligence.
This liability under Section 85 of ITA 2000 is more fearful since it could result in imprisonment of the business executives and the members of the team of top management in Hutch.
It would be interesting to follow the developments of this case and how Police in Ludhiana handle it.
Na.Vijayashankar
(Naavi)
