Growing Boundaries of E-Commerce Law

In essence, e-commerce involves the buying and selling of products or services over the Internet and other computer networks.  Substantial commerce has been generated in this way, resulting in new patents for such developments as electronic funds transfer, supply chain management, online transaction processing, inventory management systems, and automated data collection systems.

Due to fast growth of e-commerce, law professionals with expertise knowledge are required for drafting e-commerce related patent applications and securing patent protection for inventions regarding the use of wireless telecommunications systems, automatic teller machines, computer networks and combinations thereof in support of a wide range of e-commerce activities for businesses around the world including the India, United States, Germany and Japan.

E-commerce practice also includes securing intellectual property protection and initiating and defending causes of action in courts regarding patent infringement, domain name disputes and cyberpiracy causes of action and before international domain name dispute organizations organized under the Internet Corporation for Assigned Names and Numbers (ICANN).

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

INTERNATIONAL CONFERENCE ON “CYBER CRIMINOLOGY”

Organized by
DEPARTMENT OF CRIMINOLOGY
UNIVERSITY OF MADRAS
Knowledge Partners
Ernst & Young,
Valiant Technologies Pvt. Ltd, and
Indian Society of Criminology
Dates : March 23rd and 24th , 2010
Venue of the Conference: Hotel Breeze,
No. 850, Poonamallee High Road,
Chennai 600 010
Legislating against electronic crimes such as
spam and ID fraud will not reduce the problem;
instead, education for small businesses and
consumers and cooperation between countries is
the answer. Although some legislation is
required to fight internet-based crimes, alone, it
will make no difference unless backed up by
corporation between international law
enforcement agencies and education for
computer users - EURIM, and Institute for
Public Policy Research (IPPR).
As long as people are so easily fooled by
scammers, no amount of legislation will solve
the problem of phishing, where fake emails are
sent to online banking users asking them to
"confirm" their password and username; under
no circumstances are you supposed to reveal the
whole password - nobody at the bank will ask
for more than a few random letters from it - and
yet people have been giving the complete phrase
to the phishers, says Philip Virgo, Secretary
general of EURIM.
The above statement clearly emphasizes the
importance of imparting cyber crime awareness
and education to end users. At the same time
there is also a need to understand cyber crime
from a non-technical approach like
understanding the criminological and
victimological aspects, how it can effect various
affected parties and how we can protect and
prevent malicious and damaging attacks on our
network and business both in private and
government sector. It is with this idea, the
present International Conference on Cyber
Criminology is being organized during 23rd
and 24th of March 2010.
The aim of this conference is to establish a
multidisciplinary forum for information sharing,
team building and the development of
innovative debate on cyber security,
investigations, forensic techniques /technologies
and legal concerns amongst investigators,
criminologists, victimolgists, information
assurance and network security professionals.
Registration:
The registration for the conference is open to
anyone who is interested in the field of
information security, cyber forensics, cyber
laws, intellectual property rights and related
areas.
The registration fee for the conference is
Rs. 4,000/- for the delegates and Rs. 500/- for
the students (limited entries only)which may be
sent as a Demand Draft drawn in favour of
"Cyber Criminology" to "Professor and
Head, Department of Criminology" payable
at University of Madras, Chennai 600 005.
The Demand Draft should be sent along with
the registration form to "Dr.R. Thilagaraj,
Professor and Head, Department of
Criminology, University of Madras, Chennai
600 005" who is the Organizing Secretary of
the conference on or before 25th of February
2010.
Organizing Committee:
Organizing Secretary:
Dr.R. Thilagaraj,
Professor and Head,
Department of Criminology,
University of Madras, Chennai 600 005
Organizing Committee Members:
1. Dr. K. Rama Subramaniam, Director
and CEO, Valiant Technologies Pvt.
Ltd.
2. Mr. M.P. Badrinath, Director(Risk
Advisory Services), Ernst & Young.
3. Mr. A. Vijayakumar, AGM
(Information Security), Karur Vysya
Bank, Chennai.
2
4. Dr.S. Latha, Secretary, Indian Society
of Criminology and Faculty of
Criminology.
5. Mr.A.R. Raghavan, Chief Operating
Officer, Valiant Technologies Pvt. Ltd.
Any further queries can be sent to the organizing
secretary to the above mentioned address or to
the e-mails: cybercriminology@gmail.com,
rthilagaraj@gmail.com or
lathasubramanian@gmail.com ,
ph: 044 – 25366988, 9840247256
University of Madras & Department of
Criminology : The University of Madras was
established in the year 1857. This University is
the mother of almost all the Old Universities of
Southern India. This University has been
growing from strength to strength while
widening its teaching and research activities.
The University is situated just before the Asia's
2nd longest beach viz., Marina Beach. The new
Department of Criminology came into existence
in the University of Madras in April 1983.
Though it is a new department, the Department
of Criminology is striving for academic
excellence through its various research and
training activities over the last 26 years. The
Department offers the following courses:
1. M.A. in Criminology & Criminal Justice
Administration
2. M.Sc., in Cyber Forensics & Information Security
3. Diploma in Cyber Crime and Information Security
The Department is selected as the Centre for
Excellence in Cyber Forensics by the
Government.
Ernst & Young' (or "EY") is one of the largest
professional services firms in the world and one
of the Big Four auditors, along with
PricewaterhouseCoopers (PwC), Deloitte and
KPMG.
Ernst & Young is a global organization of
member firms in more than 140 countries. Its
global headquarters are based in London, UK
and the U.S. firm is headquartered at 5, Times
Square, New York. According to Forbes
magazine, as of 2008 it is also the 9th largest
private company in the United States.
Valiant Technologies Pvt. Ltd. (V-Tech) is
established in the year 2002 with the objective
of emerging as a reliable provider of end-to-end
information security consulting and training
solutions to enterprise operating in different
business segments – commercial enterprises,
government departments, law enforcement,
judiciary, and armed forces. In addition, V-Tech
has worked very closely with academic
institutions by offering expertise to design and
implement education programs in the areas of
information security and digital forensics.
Valiant provide to its clients with the kind of
assurance and comfort level that they would
require when it comes to information security.
Their 'security-only' approach differentiates
them from other consulting organizations that
'also' offer security services. This differentiator
permits the consultants who bring with them
over 100 consultant-years of experience, to offer
solutions that assist clients in identifying,
assessing and minimizing virtually every type of
risk associated with information security
activities. Valiant's Director and CEO,
Dr K Rama Subramaniam who has over two
decades of experience in the areas of
information security management, technology,
assurance and digital forensics, heads the team
of consultants who bring in a rich blend of
academic excellence and proven consulting
delivery capability.
The Indian Society of Criminology was
established in the year 1970. The Society, which
was started with the objectives of advancing the
study and application of Criminology and allied
sciences for the welfare of society and for
facilitating co-operation among persons
interested in the prevention and control of crime
developed in a short period, into a pioneering
national organization due to the efforts of the
dedicated founders. The Society has been
seeking to attain its objectives by organizing
annual conferences, seminars, workshops,
periodical symposia, training programmes and
public lectures with themes of current interest in
society, crime and its prevention and
rehabilitation of the offenders, thus involving the
people against crime and delinquency and also
stimulating interest among the members of the
Criminal Justice System in applying
criminological approach to the problem of
crime.
3
INTERNATIONAL SEMINAR ON
CYBER CRIMINOLOGY
Department of Criminology
University of Madras
Registration Form
Name :
Gender :
Educational Qualifications :
Occupation and designation:
Address:
Office :
Residence:
Phone: ( O )……………… (M)
Email :………………………….
Registration fee particulars:
Amount: Rs…………………………
Demand Draft No…………………, Bank
drawn……..
Date……………………
Signature

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Are We Forensically Ready to Face the Challenges of Cybercrimes?

The latest trends in cybercrimes  mandates that we have to have at-least Minimum Mandatory Forensic Readiness Policy in place. The new measures should be designed to better manage information risk, protect personal information of citizens and minimise risk surrounding authorised access to protectively marked information.

 

But how exactly can we become 'Forensically Ready'? The term itself relates to the ability to forensically examine our data estate so that we know where all of our data resides, we know who has accessed, copied or moved individual files, and we are capable of conducting a forensic data audit in the event of a breach. This level of security can't be handled with simple intrusion detection tools. What's needed is a comprehensive cybersecurity platform to deliver the Privacy Impact Assessments. 

 

A simple litmus test can help us to understand whether we are ready and able to face new challenges. Ask ourself these three simple questions:

 

• Do we know where all your data resides?

• In the event of a breach, can we prove that all the correct processes and procedures are in place?

• Does our agency/department fully understand and follow the elements of good data handling practices?

 

The ability to audit our data will enable us to track the flow of sensitive data within our organisation and ensure that only authorised movement occurs. For example, employees are going to move around an organisation internally. Are we able to assess whether they have taken data with them when they move? Are they authorised to do so? Is data where it is supposed to be or allowed to be? When unauthorised movement takes place, this can be flagged and corrective action can be taken. 

 

Have we analysed out the financial price of non-compliance with data reporting requirements, e.g. increased legal fees related to the disclosure of an increased number of custodians? Investment in an effective data audit solution can reduce long term spending by eliminating the need for expensive third party consultants. 

 

Are we able to manage the risk to our reputation if a data breach occurs on our watch? Public sector organisations handling data relating to the most vulnerable in society carry a burden of trust. Private sector organisations that suffer a data loss are likely to pay the price in loss of customers and a falling share price; public sector organisations may not suffer such tangible consequences directly, but the risk to their reputation and governance is as real.

 

Forensic Readiness – Five Key Guidelines

To have a robust Forensic Readiness Plan in place, organisations and departments need to be able to gather evidence on potential criminal activity or disputes legally and without causing disruption to day-to-day business. 

 

This must also be done cost-effectively and in proportion to the incident - don't go spending crores of rupees of taxpayers' money on a simple data access request. On the other hand, don't scrimp on spending if it's a major criminal investigation. Some of the key elements of putting together a Forensic Readiness Plan are:

 

1. Define the business scenarios that require digital evidence. When is it appropriate to gather evidence and when is it not? 

 

2. Identify sources of evidence and what sort of evidence it is. Make sure you have the resources to hand to look for it. 

 

3. Know what you're looking for before you go and look for it. Don't gather too much or too little. Have a clear idea of what circumstances need to be in place to trigger a fuller investigation.

 

4. Establish security and storage rules for the handling of evidence.  Keep an eye on the evidence once you have it – and make sure staff understand the consequences of not following these procedures.

 

5. Provide a documented a real-world example that everyone can run through in advance.  Ensure that all parties, including legal, are confident that the processes in place are correct.

So there is a real challenge to forensic computing and cyberforensics and these branches are not yet fully developed. But by following the guidelines provided above we may reduce the danger to data protection and cyberevidnece/computer evidence  to a greater extent.

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Wish all the Blog Readers a Very Happy & Colourful Holi

Dr. Tabrez Ahmad on behalf of all the authors Wishes the Blog Readers a Very Happy & Colourful Holi. Due to the kind of faith and confidence shown by various readers to us within a short time almost all the blogs and specially Technolexindia, IPlex, and FancynewsLex have got lot of name and fame not only in India but also in different parts of the world. There are around one thousand e-mail subscribers of our various blogs. Hope the same kind of cooperation, comment and suggestion will be provided to us and that will further help to upgrade the standard of blog postings.
Thanks all of you once again on the eve of Holi for all cooperation and encouragement shown to us in the last one year.

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

The Bilski Decision: May Require Expert Strategies to Manage Its Impact on Intellectual Property

The U.S. Supreme Court's highly anticipated ruling in the Bilski case has the potential to alter the landscape for business method patents and send shockwaves through the tech transfer community. Though no one can predict for certain the outcome, many observers believe the days of business method patents are numbered.

For Technology Transfer Organisations, it's critical to prepare now and determine your patent portfolio's exposure to Bilski-related turmoil, decide how vigorously you want to defend affected patents, if at all, and explore alternatives for protecting relevant IP.

That's why you should be focused on the practical steps and strategies you can take now to prepare for the fall-out — and minimize any negative impact on IP in development, already-patented innovations, pending applications, and existing license agreements.

Now the technology transfer organisations must focus on the following issues in advance to avoid any adverse impact:

• What's affected: The scope extends further than you might think, beyond software and IT
• Understanding the machine-or-transformation test
• Pre-disclosure: Working with faculty to configure innovations with M&T test in mind
• Disclosure and triage/assessment: How should your investment and patent criteria change post-Bilski?
• Alternatives to patent protection: trade secrets, know-how, copyrights
• Assessing and minimizing impact on existing licenses
• Recalibrating enforcement actions
• A bright side? Impact on patent trolls

Patent strategy:

• Impact on non-US rights
• Using "do-not-publish" applications during pendency
• Claim construction to match PTO guidance
• Considering reissue applications for issued patents
• Responding to rejections
• etc.
  

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

US removes Saudi Arabia from IPR 'watchlist'

The United States on Wednesday removed Saudi Arabia from a government list of alleged intellectual property rights violators, saying it has made "significant progress" in tackling the issue.

The decision to remove Saudi Arabia from the "Special 301 Watch List" resulted from a review of the effectiveness of IPR protection and enforcement in the kingdom, the top US trade official said.

"Saudi Arabia has made significant progress in improving protection for intellectual property rights during the past year," said US Trade Representative Ron Kirk.

"Over the last several years, Saudi Arabia has stepped up its enforcement actions, strengthened its legal framework, and demonstrated a commitment to fostering innovation and creativity," he said.

Kirk's office publishes a "Priority Watch List" and a "Watch List" annually as required under the law to identify countries that "deny adequate and effective protection for IPR or deny fair and equitable market access for persons that rely on intellectual property protection."

Last year, the Priority Watch List comprised China, Russia, Canada, Indonesia, Algeria, Argentina, Chile, India, Israel, Pakistan, Thailand and Venezuela.

Saudi Arabia was among 33 trading partners on the lower level Watch List, meriting what the USTR office called "bilateral attention to address the underlying IPR problems."

Others were Belarus, Bolivia, Brazil, Brunei, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Finland, Greece, Guatemala, Hungary, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Mexico, Norway, Peru, Philippines, Poland, Romania, Spain, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan and Vietnam.

Source: http://news.smh.com.au

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Task Force To Address Intellectual Property Crimes in USA

On February 12, 2010, U.S. Attorney General Eric Holder announced the formation of a new Department of Justice Task Force on Intellectual Property as part of a Department-wide initiative to confront the growing number of domestic and international intellectual property (IP) crimes. The Task Force, to be chaired by the Deputy Attorney General, will focus on strengthening efforts to combat intellectual property crimes through close coordination with state and local law enforcement partners as well as international counterparts. It will also monitor and coordinate overall intellectual property enforcement efforts at the Department, with an increased focus on the international aspects of IP enforcement, including the links between IP crime and international organized crime. Building on previous efforts in the Department to target intellectual property crimes, the Task Force will also serve as an engine of policy development to address the evolving technological and legal landscape of this area of law enforcement.

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281