Chennai Police Express Helplessness
The accompanying report suggests that Chennai Police has expressed helplessness in preventing hosting of pornographic websites with content produced in Chennai on an industrial scale. Unfortunately, it is not the legal support that is lacking to prevent such anti social activities but a lack of determination and will to take action. If appropriate action is not taken on the ground that there is little local impact of the crime, there will be a day when another Dr Prakash will emerge, threatening respectable women in Chennai into acting in digital blue movies. From the big screen, sleaze shifts online..dnaindia.com
Blogging without Problems
Blogs have become very popular in the Internet and it is estimated that there are more than 60 million blogs in Cyber Space making it as big as the website space. However, often websites are maintained with a little more caution while blogs are maintained casually leading to legal problems. This article in ET explores the Blog space and Naavi's tips to be a responsible blogger. Speak Softly..ET Related article in Naavi.org Article at University of Michigan
ITA-2000 Amendments.. Some Changes Expected
The incessant campaign of Naavi.org on the proposed amendments to ITA-2000 might have had some impact on the Government. It is understood that the Government is making some changes from the original draft. However to what extent the Government is willing to retrace its steps curbing the egos involved will be known only when the full draft of the revised amendments is made public. Let's wait and watch.
Life Imprisonment for Pornography publisher in China
It is reported that a person has been convicted for life imprisonment in China for maintaining a pornography website. It is interesting to note that India at the same time is considering diluting the provisions of Section 67 of ITA-2000 by reducing the imprisonment term from 5 years to 2 years and exempting Intermediaries except when he has received the actual knowledge or has conspired or abetted in the crime. Report in IE
Employee Sells Domain Name Ownership Fraudulently
An employee of a web service company in Ahmedabad is reported to have sold
ownership of five websites to a French national by misusing the administrative
rights associated with the domain name registration. The accused appears to
have tried to extort money from the genuine owners. The websites involved in
the fraud were ahmedabad.com, talash.com, talashinfosoft.
ISP Service Comes under Consumer Rights Scanner
In a landmark judgment in a consumer forum in Delhi, the broad band service of Sify has been held as a "Service" for the purpose of Consumer Protection Act and compensation has been ordered for deficiency of service. Details
Another Landmark Judgment in USA on "Digital News Publication"
In a case (Barrett v. Rosenthal ) under Communication Decency Act, The Supreme court in California has held that "Re-posting of defamatory information" cannot be sued. The implications of some of the interpretations drawn under this case could be far reaching. This reflects on the liability of an intermediary for publishing of information which could amount to defamation. But since the instant case arose out of a posting in a news group, it may actually affect interpretation of liability in case of news group and blog postings. It is however necessary to observe that the judge did make a reference that the case should be seen in the context of Section 230 of the Communication Decency Act and concluded that "Any further expansion of liability must await Congressional action" Case Particulars
ITA-2000 shakes up Chartered Accountant Aspirants
The students who took up this year's CA examination were reportedly rattled by the paper which contained 25 marks of questions on Information Technology Act 2000. While one can sympathize with the students who had apparently skipped the chapter and therefore have spoiled their chances of success in the examination, we do appreciate the fact that the examiners gave the right weightage to ITA-2000 that deserved in a CA examination. With all accounting having been computerized, digital signatures having been made mandatory for submission of certain returns, audits being conducted under the Computerized environment, it is inevitable that the study of ITA-2000 was essential for a CA and the examiners have brought in the focus which was required... Report in BL
Pune Police Take action against Orkut
After the Indian flag burning and Buddhadev's impersonation, it was Shivaji bashing which finally has caught up with Orkut. It has been reported that a derogatory remark was posted in a community with about 100 members on October 29th. A complaint was lodged by National Students Union of India workers and Pune Police are investigating. It is further reported that a case has been booked under Section 67 of ITA-2000 and Sections 292 and 295 of IPC. Police have also tried to shut down Cyber Cafes where people were found surfing the site according to a news paper report.
Related Articles: Orkut forum blocked over Shivaji comments..DNA Buddhadeb on Orkut angers fans...CNN-IBN : Orkut in trouble again, this time over Shivaji ..TOI : Orkut under police scanner..Pune Times
Mobiles To Be Jammed near Prisons
Haryana police have issued instructions to mobile operators to install signal jammers in the Prisons to prevent use of mobiles by prisoners. While the intention is good, mobile operators are questioning the need for jamming since they claim that the jammers may immobilize mobiles in the surrounding areas too. They claim that it is lot easier to control the physical movement of mobiles into the prison rather than using jamming devices. While there is truth in their claim also, it is difficult to believe that either it is impossible to localize jamming or to install a monitoring device instead of jamming so that if the prison area cannot be isolated for jamming at least the Police can monitor all calls in the zone as an intelligent measure. Hopefully a mutually acceptable solution will be found so that prisoners do not continue to do their criminal business sitting inside the prisons. Report in BL
Phishing Attack on SBI Customers
A phishing attack has been noticed on the customers of State Bank of India. It is reported that the cloned website has since been blocked. As is common in such attacks, the customers of the Bank were sent an e-mail inviting them to visit the website and enter their log in IDs and passwords. The enclosed report suggests that Cert-In has observed phishing attempts on other Indian Banks but is keeping the information under wraps. SBI has also not placed any alerts on its website. Report in TOI : Report in CXO Today
The suppression of information from the customers is not conducive to educating of the customers and could be a cause for more customers falling prey. Naavi.org urges that both CERT-In and SBI should take steps to keep the potential victims informed so that they can exercise caution.
Two Day Orientation Programme in Hubli for Police
Cyber Law College and G K Law College, Hubli conducted a two day orientation programme in Hubli for Police Officers on Cyber Crimes. See Pictures here
Mobile Spam a Growing Concern
Increasing number of spam messages both in SMS form and in recorded voice form are annoying mobile and telephone customers in Chennai and other places. It is also learnt that in one of the recent innovations, aircel in Chennai is also using the operator logo space for carrying advertisements. Sooner the mobile operators wake up better it would be for them since continued misuse of their role as operators would invite strict regulations to curb the practice. This article in Hindu explores the problem. Mobile subscribers tormented with spam..The Hindu
Separate Law For Credit Card Frauds?
It is reported that Indian Payment Card Risk Council (IPCRC) an association of 16 prominent banks issuing credit cards in the country have pressed for separate separate ‘Card Crime Legislation’. Report in HT.
It is necessary however to debate whether any new law is in fact required since the IPC and ITA-2000 already have enough provision for every kind of frauds involving Credit card. It must be recognized that the Credit Card is an "Electronic Document" and "Card Data" is "Information Residing Inside a Computer". Creating fake cards, making changes in information on the card or on the data base amounts to Section 66 offence under ITA-2000. Fraud itself is covered under IPC. Online misuse of card is also covered under Section 43 of ITA-2000. Additionally, frauds such as Lebanese loop or skimming in which credit cards are involved are also covered under Sections 66 and Section 43 of ITA-2000 (Unless they are changed through amendments)
Before a new law is passed IPCRC must explore if there are any specific problems that are not addressed by the present laws.
Viewing Pornography is not an offence..rules a Court
In what can be considered as a clarification of a known view, a three judge panel of a Pennsylvania Superior Court in Commonwealth v. Diodoroa decision issued late last week concluded that merely looking at child pornography on the Internet -- without intentionally saving or downloading any images viewed -- does not amount to "knowing possession" of child porn as proscribed in Pennsylvania's Crimes and Offenses Code. A similar view can be held in India in respect of offences coming under Section 67 of ITA-2000 unde which many customers of Cyber Cafes have in the past been harassed by Police. ..Details at law.com
Is it a Witch? or a Beautiful Girl?..
Or Is it a representation of the Proposed Amendments to ITA-2000?..
Virtual Adultery.. a problem of the times
This article in TOI indicates a growing tendency of the current generation to lead a virtual life different from the physical life and do things which they are constrained not to do because of the norms of the society. No where this crossing of boundaries more evident than in the relationship with the opposite sex. While Cyber Sociologists have to take up this issue for further study, it would be of interest if courts start admitting "Virtual Adultery" as reasons for marital divorce. If "Virtual Property" can be a point of dispute, it is obvious that "Virtual adultery" can also be a point of marital dispute.
CBI to Investigate "Morphing" allegation
CBI has started an interesting investigation on alleged morphing of a photograph published in a book. While the use of the country's highest investigating agency for a case of low priority indicates a political hand behind the order, the investigation is likely to be academically interesting.
From the reports the brief appears to be not only to confirm morphing of the photo but also to prove that Mrs Najma Hepthulla, a political rival of the ruling Congress Party had any hand in it. Since the end objective of the investigation appears to be to establish the role of Mrs Hepthulla, like the infamous Justice Bannerjee Committee which came to the conclusion that the Godhra train was burnt by the Karsevaks themselves, CBI may be able to find the conclusive finger print of Mrs Hepthulla in the morphed picture. If so, it will in deed be a remarkable investigation !. If CBI is unable to prove the link of Mrs Hepthulla to the morphing, it would be one great waste of public resource for political vendetta.
Does CBI has the forensic capability to identify "morphing" and "finger print of the user"?.. only time will tell.
Orientation Programme for Police
Cyber Law College is conducting a two day orientation programme on Cyber Laws and Cyber Crimes for Police in Hubli and Dharwar on 11th and 12th November 2006 in association with G.K.Law College, Hubli.
When Virtual Reality Hurts
India is a land where Shankara's Advaita philosophy was born. One of the main elements of this philosophy is that the world is "Maya".. "non existent in reality but experienced in imagination". The philosophy says that we experience pains and pleasures through imagination/hallucination. We do get a vindication of this theory in dreams and when we look at persons whom we consider "mad", who live in their own hallucinations all through the day.
Now, "Virtual Reality" is trying to create yet another avenue for people to experience what they imagine to be true. This explains why a game participant went to court claiming that his "Virtual Property" has been illegally confiscated by the "Virtual Government" (Refer "Learn to Unlearn", the first principle of "Cyber Jurisprudence). The creation of websites such as Hell.com to give the experience of how the experience at hell could be, (For a price) is a pointer in that direction. Many of the games which promote killing, violence and other aspects of life which is considered wrong is also an indicator of this mindset.
Where does this tendency lead to?.. is an interesting subject to explore.
Is Computer Virus a Work of Art?
Certain developments in the digital society highlight the different sociological standards that seems to prevail in the Digital Society. When we discuss Cyber Crimes and the behavioural aspects of Netizens, Naavi.org has been discussing a concept of "Technology Intoxication". When some technology wizards claim "Virus" as work of art, (Refer http://0100101110101101.org/projects.html ) a further doubt arises whether we are dealing with "Technology Intoxication" (which is a temporary state of mind) or "Technology induced derangement of mind" (permanent state of mind). How do we prevent our young generations degenerating into such state of mind? How do we rehabilitate some body from that state of mind?.. are some of the issues that "Cyber Behaviour Scientists" will have to discuss in future.
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