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In what is termed as an attempt to protect Children from the ill effects of the Internet, US is getting ready to pass a law titled "Deleting Online Predators Act" (DOPA). The effect of the act is to bar certain websites from being accessed from Schools and Public Libraries receiving Government funding. The sites which would be affected would be those sites which are allowing building of online communities and exchanging personal profiles. In particular web content including "commercial Web sites that let users create Web pages or profiles or offer communication with other users via forums, chat rooms, e-mail or instant messaging." would be the target of the legislation. ..More
Published: Thu, 07 Dec 2006 03:11:12 GMT
Two new legislations being contemplated in USA indicate the raise of new thoughts in Cyber Space regulations which will in due course contribute to the cumulative knowledge of "Cyber Jurisprudence". The first is the raising demand for "Mandatory Monitoring of ISPs".
While the countries with stringent records of Privacy Protection and Freedom of Speech are reconciling to the fact that in the emerging terror stricken world there is a need for new "Jurisprudence" where "Curbing of some freedom" is essential for protection of democracy, it is strange that in India there is an attempt to provide a better shield to the Intermediaries made possible by the Indian Pseudo Cyber Security Activists who are projecting the amendments as beneficial to the society. It is therefore with pain that we must say that the attempt is a fraud on the Indian society....More
Published: Thu, 07 Dec 2006 03:10:01 GMT
There is a raging debate in India about cyber crimes and the legislative environment. Media is full of reports that the Government of India is “Tightening the Laws” to protect the industry against Cyber Crimes such as data theft which are frequently reported in the country. These reports refer to the proposed amendments to ITA-2000 based on a report that was submitted last year by a committee constituted for the purpose. In the midst of these orchestrated campaign that the proposed amendments to ITA-2000 will meet the needs of data security in India, there is also a concern whether crimes such as e-extortions which are surfacing today are adequately dealt with in Indian law.
Looking back at the time Information Technology Act 2000 was drafted, crimes such as e-Extortion could not even be envisaged. It must therefore be appreciated that either by accident or design, the law was intelligently drafted so as to cover futuristic crimes... More
Published: Thu, 07 Dec 2006 03:06:48 GMT
An interesting legal development in USA involving a law suit in physical space over a dispute of a virtual property has attracted attention of Cyber Law specialists. A case has been filed by a Pennsylvania resident Marc Bragg against San Francisco-based Internet game company Linden Lab and its president and CEO for alleged conversion, fraud, unjust enrichment and breach of contract and for allegedly violating several California laws.
This case will throw up interesting discussions on the nature of virtual property and transactions in which virtual acquisitions are in dispute.
We need a fresh thinking on most of the disputes and we should "Learn to Unlearn" our physical society concepts. This is the first principle in the development of "Cyber Jurisprudence"... More
Published: Thu, 07 Dec 2006 03:04:18 GMT