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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

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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