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"This website is the Wikipedia of Indian Cyber Laws".. A Visitor's remark


"Watch This Site as a Daily Habit. It may save careers".. A Banker's remark as an advise to fellow Bankers



 
 
Naavi is a Cyber law consultant based in Bangalore and specializes as Cyber law compliance advisor for the industry.
 

HIPAA Forum of India

Naavi has started a Linked-in Forum for bringing all HIPAA Professionals in India on one forum-Join Today


 Arise, Awake and Stop Not until Indian E Banking is made Safe

80000 Cyber Crime complaints filed in Kerala

July 31: For the first time in India, one state appears to have reported truthful figures on Cyber Crime complaints registered in the State. In the last one year it is reported that 80000 cyber crime complaints have been registered in the State in the last one year. Report

 In the light of this report, the NCRB statistics on Cyber Crimes becomes completely untenable. In the year 2010, a total of only 966 cases have been recorded of which 148 have been attributed to Kerala. It is not possible for 148 incidents to increase to 80000 all of a sudden. There is therefore a need to review the NCRB system of recording cyber crimes and make it reliable.

"Vishing" on the rise

July 31: FBI has warned public of a telephone scam where callers identified themselves as calling from Microsoft and suggesting that there was a security issue/virus in their computers. Report

Public should note that such calls may lead to enquiry on user names, passwords or even installation of trojans disguised as license for software etc.

Recently I also came across an incident where some callers identified themselves as speaking from SBI and successfully extracted the Internet Banking credentials to later withdrawing the money.

In the light of these developments, public should be vary of responding to any call from Banks however convincing they may otherwise appear.

Disgruntled Employee responsible for Delhi T3 disruption

July30: CBI has identified an ex-employee of ARNIC responsible for the system disruption at Delhi T3 air terminal on June 29, 2011.  The report

It is stated that he introduced a malicious code and executed it remotely from Bangalore where he was working and expected that his help would be sought by ARNIC to sort out the issue. Unfortunately the company opted to investigate the disruption and ended up with a Cyber Crime charge. The incident highlights the need for  Behavioral Science approach to Information Security as being advocated by Naavi in his Three Dimensional Approach to Information Security. 

Why Biometric Systems are unreliable

July26: Academicians have reported that Iris scan security systems can be cheated by using contact lenses specially created with the iris signature of a person. Report. Similar cheating may be possible if people develop hand gloves with preprinted finger print patterns. This could be a challenge to the UID system being developed in India.

Phantom Debt Collection Scam

July 26: A new type of scam is being reported in US. This involves calls to citizens about existing or non existing debts with threats of legal action. It is reported that the abusive calls emanate from Indian Call Centers and have extracted millions of dollars from US citizens. The modus operandi is to steal some personal information on loans, threatening with abuses and defamation to extract payment. Report

It is possible that such scams exist even in India.  It has been observed in recent days that at least one law firm in Bangalore seems to have authorized a mobile company to send legal notices on their behalf. It also appears that the Lok Adalat notices are being sent by the companies themselves as unsigned pre printed letters. It is not clear if the Bar Council or Lok Adalat is aware that notices are being issued in their name by the Companies themselves.

A detailed investigation is required by BAR Council, Legal Authority of Karnataka and TRAI to investigate such practices.

Intermediary Guidelines and Constitutional Validity

July 19: Here is an analysis of whether the rules issued under Section 79 of ITA 2008 pass constitutional validity test. Read the Article here.

This issue has been discussed several times at Naavi.org and the above article provides a reasoned support to the view that the rule is unconstitutional.

Despite this matter having been brought to the attention of the responsible persons in DIT/MCIT as well as the Minister Mr Kapil Sibal, no corrective action has been taken. Even the motion brought in Rajyasabha by some MPs were defeated with simple assurances without any intention of being fulfilled.

We are aware that the GOI officials and ministers have no time for doing their constitutional duty and draft such rules without proper consultation and relying on a few confidants. Hence despite the issue being brought to the attention of the officials, no action is taken.

It is time that the Courts should take suo moto  cognizance of unconstitutional acts of the Government and take up the issue for review. They should not wait for a Subramanya Swamy to file a PIL. Some Judges are known to be distasteful of PIL and many activists are afraid of approaching such Courts for the fear of being lapped up with heavy fines for bringing up the litigation. Hence these issues may never be brought to the Courts by public persons and will remain in the statute filling up the legal system with unconstitutional legislations.

PAN Number Misuse through Railways

July 19: An alert information security professional has reported that certain jewellers are buying particulars of PAN numbers along with the name age and sex of a person as displayed on the Railway reservation charts to quote in certain purchase transactions. This would place the person in a situation where they need to explain the source of funds to the IT department for purchases not made by them. PAN number is today being quoted at a number of places and hence it is possible to misuse them in the way described.

It may be noted that according to the proposed Privacy Act, PAN number is considered a "Sensitive Personal Information". Hence its display in public domain by Indian Railways is a violation of the "Privacy of a person" and could make the Railways liable.

It is also advisable that passengers may avoid using the information for reservation purpose.

However the biggest source of risk is the Mobile companies who also collect PAN information and are known to have very low security of the information.

Spear Phishing on bank accounts

July 12: Targeted phishing attacks with mails appearing to come from friends which may drop Trojans is on the raise. This video discusses this growing problems and how Banks are facing increasing law suits alleging lack of adequate security. video

Noida Police bust Bank Loan Fraud

July 12: Noida Police have busted a racket which involved creation of a fake Bank account in the name of a fake company whose fake employees were granted loans on the basis of fraudulent salary information. The fraudsters are reported to have used sophisticated techniques to send e-mails in the name of popular companies to mislead the Banks. The incident once again exposes how fraudsters have graduated to use Cyber space as a tool for committing physical space frauds. Report

Gujarat Police save ICICI Bank from Hacker

July8: In what should be considered an excellent catch, Gujarat Police arrested a person and busted a six month long preparation for a Bank heist. ICICI Bank was the targeted Bank where two specific accounts with balances of Rs 10 crore and 22 crore were apparently targeted by cloning the Bank server and effecting fund transfers. The incident establishes that the ICICI Bank's system which incidentally uses Finacle of Infosys had certain vulnerabilities that were being exploited by the fraudster. There is a possibility that the report may contain errors and "Cloning of server" as reported may simply be "Cloning of ICICI Bank website". More details are awaited. Report

Patent on Security monitoring

July7: A Bangalore based Information security professional Mr Samir Kelker has been successful on registering an US patent  for a "A system for real-time vulnerability assessment of a host/device". Copy of the patent

Resale of used software license legal..EU Court

July 5: In a significant decision Europe's highest court (The European Court of Justice -ECJ) ruled on Tuesday that the trading of "used" software licenses is legal and that the author of such software cannot oppose any resale.  In a case of UsedSoft Vs Oracle, referred by a German Court, ECJ said that the  exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale. This applies to downloaded software as well as that bought on CD or DVD. This ruling sets a precedent for trading of used software licenses throughout the European Union and could potentially impact ebooks and computer games as well. Related Article

2F Authentication is inadequate

July 4: Recent types of Bank frauds in India and elsewhere have exposed the vulnerabilities in the 2F system of authentication. Indian Banking system relies heavily on this system. Though this is an improvement over the existing password based system, time has come for RBI to think of new security measures to beat the trojans which can sit in the customer's machines and modify the browser inputs without the knowledge of the user (Yash vulnerability). In such cases, the customer himself enters the OTP and hence there is no way the 2F system can secure frauds. There could be other means of stealing the OTP information or disabling the OTP authentication also.

Global researchers are already discussing the vulnerabilities in the digital signature system while in India we are yet to move up in the security chain from the OTP system. Related report

NCRB Report 2011 Released

July 4: The National crime records bureau (NCRB) has released statistics on various crimes in India in 2011 including Cyber Crimes. Though the records are considered a reflection of only crimes registered with the Police and does not contain a significant number of incidents not reported to Police, it is notable that the registered complaints have also shown a significant increase of 85% over the previous year.  Report

Andhra recorded the highest number of cases (349) followed by Maharashtra(306), Kerala (227) and Karnataka (151). 826 cases were related to loss or damage to computer resource while 496 cases pertained to Obscenity. The classification of crimes as "under section 66(1) and 66(2)" needs some clarification since no such section exists. 94 cases registered apparently under Section 65 also needs to be cross verified if they are actually cases under Section 66. 15 cases have bee fled under the digital signature category and 26 under "Breach of Privacy".

Overall it is good to note that Police are increasingly registering Cyber Crime cases.

 Axis Bank Nightmare

July 1: Here is a narration of the harrowing experience of a customer of Axis Bank as reported to Naavi.org. The victim here has suffered a loss of Rs 11 lakhs due to the faulty E Banking security. Readers may come to their own conclusion on who should be held accountable for this fraud... Report

Anticipatory Bail for Hotel owners rejected

July1: The owners of several restaurants in Baroda suspected to be involved in debit card scam have been rejected anticipatory bail. Te fraud involved some restaurant owners swiping cards of their own friends and relatives along with tips. While the amount along with tips got credited to the hotel's account, only the basic amount was debited to the card holder's account. Obviously there was a loophole in the system which was being systematically exploited. It is said that the total fraud is of a value of more than Rs 1 crore.  Report in TOI

Internet censorship in India

June 27: India is one of the countries in which Internet Censorship is very strong. One more example of the same is the blocking of http://hipaablog.blogspot.com a site which contains only useful information on HIPAA. I want viewers to check if this has been blocked in their ISP s also since different ISPs may have different policies. Please do inform me if any other ISPs (I have checked with BSNL) have also blocked the site. We can also demand from CERT-IN the reason why this site has been blocked.

Cyber Crime Losses in Euro Banks

June 27: A study by Mcafee and Guardian Analystics has estimated that the  Cyber Crime losses in 60 European Banks could be in the range of USD60 million to 2 billion. At present estimates in India vary between Rs 2000 to Rs 6000 crores per annum. (USD 1 billion). But RBI and Indian Banks donot seem to be concernede since they feel that Indian Banking system is resilient enough to feed Cyber Criminals without hurting the consumers! Related Article

"John Doe" Or "Ashok Kumar" or "Kolaveri"?

June 23: The recent controversy in which several websites were blocked citing the Madras High Court order by the producers of the film "3" made the liberal reference to the "John Doe" principle which in the Indian context was referred to as "Ashok Kumar" principle. This principle is normally used when there is an offence but the party is not identified. In the instant case however, the accused was not "Anonymous". They were actually "Non Existent" on the date of the Court's order. The prayer and the order was based on the speculation that some unknown persons may infringe the copyright on the website and if so they need to be blocked. Such an order needs to be classified differently and not combined with the John Doe principle. Considering that the film "3" was famous for the "Kolaveri Song", it may be apt to call this principle as the "Kolaveri Principle".

ATM Fooled

June22: In an interesting modus operandi, it is reported that certain persons in Mohali successfully fooled the ATMs to report "Failed Transactions" when they withdrew Rs 10000/- and left Rs 100/- in the tray itself. Report

Telemedicine Risk

June 21: Researchers have found one instance where the size of the brain tumor looks different in Mac and a PC opening up the debate for telemedicine laws. The research in Germany found that when data from 30 brain scans were viewed in a "FreeSurfer" package there were significant difference between Mac and PC outputs. The incident highlights the need for telemedicine law which imposes high levels of testing and liabilities for non compliance. Report

Madras high Court Clarifies on Website blocking

June 21: Madras high court has clarified that there is no need for ISPs to block the entire websites when the dispute was related to a specific document. Naavi.org has also been raising its voice about the unfairness of such orders. It is good that the clarification has come through. Report

New Threats to Indian Banks

June 21: Trend Micro has warned that new variations of SpyEye and Zeus are being sold in the underground malicious code market and are being used in conjunction with web injections and man in the browser attacks to rob Banks.   Report

RBI and CERT have been sitting quiet on the representations made by Naavi.org a few month's back with demonstrations on such possibilities. It had been pointed out that the trojans can even present false account views to the customers so that they never realize the changes in their balances until they veirfy the balances through alternate channels. The seriousness of the matter is being ignored by RBI and CERT and the larger banking public are being placed at high risk. With such insensitive security managers, Indian Banking system is in grave danger of an attack which will bring the system to halt.

MIT is Confused on the Status of CAT

June 20: The Ministry of Communications and Information Technology has been managing the Cyber Law in the country. For some reasons the Ministry of Law appears to be uninterested in managing "Cyber Law" in India. It is fine as long as MCIT consults the Ministry of law and does a good job.

But of late, the functioning of MCIT has been raising eye brows. While MCIT is in the forefront of Internet Censorship in India, they remain actionless regarding appointment of the Chairperson for Cyber Appellate Tribunal (CAT). The confusion the department is in regarding the status of CAT is evident from the fact that pages of MCIT continue to depict CAT as a division under CCA and headed by an official of DIT.

The ITA 2000/8 envisaged CAT as equivalent to a Court headed by a person with the seniority of a High Court judge. But the department believes that "CAT has been set up under the aegis of the CCA) (See the snapshots of web pages enclosed). The latest executive assignments indicate that Mr Gulshan Rai is not only the Director General of  ICERT, but also is the CCA and Head of Division of CAT.

Given the onerous responsibilities of the head of ICERT, it is unclear why MCIT needs to have a single head for three different activities each of which requires perhaps more than one person to manage. More importantly, any appeal of a decision of CCA has to go to CAT as per ITA 2000/8. It is therefore strange that the Government thinks that a subordinate judicial authority (CCA)  can be called the administrator of CAT and a "Scientist" of the Government can be called the "Head of Division of a Judicial body". This is like a State Government appointing an officer of the Government as the "Head of Division of High Court".

I hope MCIT understands the niceties of judicial appointments and corrects the situation.

HIPAA-HITECH Rules may get updated

June 15: Final version of the HIPAA breach notification rule published in July 2010 is likely to be notified shortly. Also some changes in the "meaningful use rule" is also expected under HITECH Act. Report

Digital Assets and Digital Wills

June 14: With the integration of digital life and physical life in the current generation, there is value to many of the digital assets they build up during their life time.

Apart from storing copyrighted material, people accumulate domain names, hosting space, product license etc in digital form. The control to these may be through passwords which are lost when the asset owner expires. There is a discussion in these circumstances about how the digital assets can be inherited.

Naavi.org was one of the first to raise this issue and also offer a suggested solution through www.ceac.in.

It is essential to recognize that "an Electronic document" can be an "asset" which has value, ownership, transferability characteristics. But if these has to be transferred after death of the owner, it has to be by means of a physical instrument and not a digital will in the form of an electronic instruction since ITA 2000/8 has not provided recognition for such instruments.

It may be necessary at some point of time in future for the Indian Government to consider that "a Digital Will in electronic form is recognized for transfer of digital assets" while a written will can transfer both physical assets as well as digital assets. In such a case an issue of dating of the digital will for digital assets vs written will for digital assets need to be sorted out.

Related Article in BT

Canara Bank Exposed

June 13: In a stunning revelation, the arrest of a Skimming kingpin by Bangalore Police has also exposed the gross negligence of Canara bank in its ATM management. The report in Bangalore Mirror indicates how the skimmers targeted Canara Bank ATMs since most of them did not have guards. When the case of Mr Nagaraj had been taken to the Banking Ombudsman in Bangalore last year for a similar fraud of Rs 40000/-, the Banking Ombudsman failed to penalize Canara bank for running ATMs without guards and without CC TV cameras. Had he reacted judiciously at that time probably the current spate of frauds might not have happened. Now it is time for RBI to ensure that no ATMs without guards and CCTV cameras (functional) are allowed to be operated by any Bank in India. The news report provides chilling information that the Russian skimmer supplier has stated that he has too many orders on hand to supply such skimmers to India. RBI should note this as a warning of how the security of Indian banking system has been allowed to be diluted by their slackness. Report

For Articles of Earlier Date Browse through Archives


 

PR Syndicate honours 'Cyber Law Guru of India', Na.Vijayashankar

PR Syndicate, (an organization of Corporate PR Professionals in Chennai,)  celebrated its First Anniversary on 20th January 2007 at Russian Cultural Centre. On the occasion, "Award of Excellence in Public Life"  was presented to 'Cyber Law Guru of India' Na.Vijayashankar...More

 

  What is Naavi.org?

Naavi.org is India's premier portal on Cyber Law. It is not only an information portal containing information on several aspects concerning Information Technology Law in India but also represents the focal point of several services around Cyber Law carried on by Naavi.

The first such service is the Cyber Law College a virtual Cyber Law education center in India which provides various courses on Cyber Law.

The second key service is the Cyber Evidence Archival center which provides a key service to help administration of   justice in Cyber Crime cases.

The third key service is the domain name look-alikes dispute resolution service which provides a unique solution for websites with similar looking domain names to co exist.

The fourth key service is the online mediation and arbitration service another unique global service.

The fifth key service is the CyLawCom service which represents the Cyber Law Compliance related education, audit and implementation assistance service.

Additionally, Naavi.org is in the process of development of four sub organizations namely the Digital Society Foundation, Naavi.net, International Cyber Law Research Center and Cyber Crime Complaints and Resolution Assistance Center. Digital Society Foundation is a Trust formed with the objective of representing the voice of Netizens in various fora and work like an NGO to protect their interests. Naavi.net is meant to develop a collaborative distributed network of LPO consultants. International Cyber Law Research Center would support research in Cyber Laws and Cyber Crime Complaints and Resolution Assistance Center would try to provide some support to victims of Cyber Crimes.

Together, Naavi.org represents a "Cyber Law Vision" that goes beyond being a mere portal. Started in 1997, when the concept of Cyber Law was new across the globe, consistent efforts over the last decade has brought Naavi.org to the beginning of "Phase 2" in which the services are ready to reach out to a larger section. This is recognized as the phase of collaborations and growth by association. Naavi.org will therefore be entering into a series of associations to develop each dimension of its vision with an appropriate partner. Individuals, Organizations and Commercial houses which have synergistic relationship with the activities of Naavi.org are welcome to join hands in commercial and non commercial projects of Naavi.org.

Naavi



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Search Naavi.org

Deep Links

ITA 2008

ITA-2000
ITA 2000- Rules
Amendments
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Services

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Verify4loolalikes

HIPAA_India

Legal BPO

 

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Reference Sites

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Legal Information

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Cyber Frauds

Cyber Crime Cases

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esafeindia

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