Comments on the Proposed Amendments to ITA-2000

Naavi: Praveen Dalal: Sarbajit Roy: Kamal Dave

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Optical Disk Protection Act? ..or Indian DMCA? ..Watch out for the discussion

Fraud in ICICI Internet Banking System

Police in Gujarat have reported that certain employees of ICICI Bank have defrauded customers in the share trading service by misusing passwords. Details are awaited.

DMCA of India in the offing?

After a gap of nearly an year the Government of India is again talking of a law to prevent digital piracy. On November 29, 2004, while addressing a Film Festival function in Panaji, Mr Jaipal Reddy, the Minister for Information and Broadcasting had indicated that a law called "Optical Disk Protection Act" would be enacted soon to protect the interests of the Film Industry. (Report in Hindu, Nov29,2004). It appears that the promise has been made once again during the current year's film festival (Report in Hindu-Nov 25, 2005). It is however not clear if the law will remain in the domain of the film industry or will be a comprehensive Digital IPR Law....Comments are welcome.

WSIS-Tunisia, a Lost Opportunity

From the indications that have emerged from the Tunisian WSIS meet, it appears that instead of discussing issues related to the I-Governance the meet was handled more as an IT Trade meet. There is a crying need to focus on "Action Plans" at the national and state level to take the WSIS agenda forward... See details here

Naavi.org is interested in setting up a core group to focus on "WSIS-Next" to deliberate on the action agenda required for the purpose. A team of interested persons in Bangalore will commence some work on this aspect shortly. Suggestions and participation interest can be communicated to Naavi (naavi@vsnl.com). The objective of "WSIS-Next" is to focus on the national agenda and try to break it up to state level agenda. Details need to be drawn up by the core group. Constitution of the core group is to be finalized.

Cases Filed Against Sony

Sony which has been accused of using a "Spyware" to protect its copyright on DVDs has been caught in a series of cases filed against it both under the anti spyware law as well as for having caused damage due to a vulnerability which was exploited by hackers. Report in USA.com

WSIS Second Summit

The WSIS concept born two years ago at Geneva will take the second step forward n creating a new regulatory body for the Internet society at the Tunisian summit set to b begin from 16th November. Mr Dayanidhi Maran the Minister for Communications and IT will lead the India Delegation. After the first summit developed the directive principles and a plan of action, this summit is set to take it forward.

Role of Sovereign Governments in  Internet Governance is expected to be debated at length during this summit and the future shape of ICANN may be determined. It is however to be seen if the debates will be adequately followed up. India has failed to take any action in the last two years after the Geneva summit which can be called as a follow up of the first summit and we hope that this time around things would be better... Report in BL

Corporate Criminal Liability in India.

Geeta Narula analyses the provisions of Indian Law including ITA-2000 regarding Corporate liability for criminal acts.

"The present liability regime that makes both corporate and individual prosecutions available to regulatory authorities has undeniable advantages over one that does not."..says Geeta Narula and highlights the need for "Due Diligence" by the CEOs of Companies....Detailed Article

Sony Liable for introducing Computer Contaminant

Sony BMG is facing legal action in USA for introducing a software meant for copy protection which is now held to act like a "Rootkit" and monitor the activities of the user surreptitiously and also facilitate "Trojans" being installed in the system. The Company  is distributing the truant (XCP software) on recent music CDs . When the CD is played on a PC running Windows, the anticopying software first installs itself and then limits the usage rights of a user. It allows playback only with Sony software.

According to ITA-2000, any activity of a software installed without the permission of the owner of a computer and which usurps control of the activities is considered a "Computer Contaminant" and the introducer is liable for payment of damage of upto RS 1 crore under Section 43 and is also liable for criminal action under Section 66.

It would be interesting if public spirited lawyers take up a case in India provided any consumer reports such damage. Comments welcome : Report at Security Focus.com : Report in Computer World

Internet Telephony Liberalized

In a move which may have far reaching consequences in the Telecom industry, Government of India will now allow telephone service companies (access-providers like Airtel, MTNL, BSNL, Reliance and others) to use IP technology on their backbone networks to transact calls over the internet. .. Report in HT

Outsourcing of Legal Work to India

It is reported that the US market is increasingly looking towards India for outsourcing of legal work. This is considered as one of the potential areas of business where the legal professionals can enjoy the benefits of globalization. Article in ET

Cyberjacking of TV Channel

Diverting visitors of one website to another is a common instance of a Cyber Crime which can be called "Cyberjacking" (Like Hijacking travellers of a plane from one destination to another). In an interesting development, a similar instance is reported to have occurred at a Doordarshan relay station where a Russian porn channel was connected to the DD relay channel. While the staff allege that this was an accident due to fluctuating broadcast frequencies, it exposes the risks in public transmission and their vulnerability to "Hacking". Report in IE

Grand Father Sued for Grandson Downloading Music

Music industry in USA has started targeting parents and grand parents and sending notices about the downloading of pirated music on the net by their wards. A report

ASSOCHAM Joins the Chorus against ITA-2000 Amendments

The proposed amendments to ITA-2000 has already been analysed in naavi.org and depicted "Criminal Friendly", "Anti IT -Industry" and "Anti-Women" and meant for the sole protection of Intermediaries such as Portals. Despite the expert opinion that the proposal is a fraud on the people of India, there is every indication that the amendments are being pushed through the legislative process. After Computer Society of India, Chennai and Cyber Society of India, Chennai, now it is the turn of ASOCHAM Delhi to express its unhappiness about the proposed amendments. (See Report in HT). Mr Pavan Duggal the Cyber Law Expert has also repeatedly (See Report in FE) highlighted the negative aspects of the proposed legislation.

Naavi.org has also pointed out that the entire procedure adopted for recommending the  amendments by passing the Cyber Regulatory Advisory Committee (CRAC) is ultra-vires the Act. We therefore urge the honourable Minister of  Communications and Information Technology Mr Dayanidhi Maran to take steps to scrap the proposed amendments and order a fresh review by CRAC which in turn can create a sub coimmittee in which public participation of the right kind of members be ensured.