The objective of the blog is to provide a fair analysis and awareness of legal issues in an easy way for the understanding of the people at large
Thursday, July 29, 2010
Wednesday, July 28, 2010
Delhi Police Special Cell Did An Excellent Job In Arresting Cyber Criminal by Cyberforensics
Image via WikipediaRecently the Anoushka Shankar's (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into by an offender who took control of some very private photographs stored in the inbox of the email.
Pandit Ravi Shankar has made a complaint to Union Home Ministry that his daughter is blackmailed and threatened via email by some unknown person. Later the complaint was referred to the Delhi Police and the investigation of the case was taken up by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav elite Special Cell of Delhi Police. The unknown accused person was allegedly blackmailed and threatened Anoushka via emails that he would make some of her photographs public found in her email inbox, if his demand of $ 100,000 is not paid by her.
It caused great tension to the father daughter duo who are internationally recognized musicians.
The special cell cops traced the internet protocol address (IP address) from which the Emails were sent. An IP address or “Internet Protocol” address is the unique number assigned to every device such as a computer on an internet network so that data can be routed to and from that device and no other. It is much similar to a postal mailing address that identifies the physical location of your post office and allows the mail carrier to know where to deliver the mail, a device’s IP address is what allows the internet to know where to send the data destined for the particular computer. It’s not an easy task to trace the physical location of the computer to which an internet IP address has been assigned.
The IP address can be tracked from the header of the Email IDs. There are various IP address locator available like http://www.whois-search.com from where one can get information about the ISP address to which the particular IP address belongs. Some additional information may be available that indicates the general area that an IP address might reside, i.e. the location of the country or city, if ever, but nothing more specific than that. Here the help of the ISP is required to pinpoint the location and identity of the user. The ISP that allots the IP address to particular computer knows where the user lives. But the ISP’s would not provide the information to the general public due to the strict privacy policy which they adhere to. Here the role of law enforcement machinery comes into picture. The Police and the courts can, with appropriate cause, direct the ISP that the requisite information with respect to the IP addresses be provided. The Section 91 of Code of Criminal Procedure, 1973 and Section 69 of the Information Technology Act, 2000 makes provision to this effect.
The extortive emails sent by the offender were found to be sent mostly from Gmail Account. However, the Gmail blocks the IP address of the sender and it is not visible to the recipient of the email. However, one email was found to be from other email service provider and it was found that it had been sent from India; rest of the emails were found to be from Dubai, elsewhere in the UAE, and the USA. The police tracked down one of the IP address to a residential address located at MUMBAI and nabbed the accused person, whose name came to be known as Junaid Jameel Ahmed Khan who confessed to his crime. The cops seized the hard disk of the computer from which the alleged emails were sent, prepared the mirror image of the same and the hard disk was sent to the Forensic Science Laboratory, Hyderabad for further analysis. The cops also seized the passport of the offender through which it was found that the offender was at Dubai on the same date when the extortive emails from Dubai were received by Anoushka, which clearly corroborates the offence committed by the offender.
The police have seized and preserved the crucial digital evidences and other documentary evidences which would prove the guilt of the accused person. Cyber technology is an extremely complicated field and the internet is being increasingly used as a place to commit crimes using personal computers, as well as network-based computers. It clearly shows that the Special Cell Cops know their job; they not only understand the criminal mindset but also Computers and networks, how they work, and how to track down information on them and know the basics of gathering evidence and bringing offenders to justice.
The Special Cell cops registered the case under Section 386 Indian Penal Code which deals with offence of extortion. The maximum punishment for such a crime, if proven guilty, is 10 years’ imprisonment. The offence is cognizable and non bailable. The accused hacked into the email of the Anoushka, however the police at the preliminary investigation stage did not invoked Section 66 IT Act, because the modus operandi of the offender was not known as how he took control of the private photographs of Anoushka, which during investigation and seizure of the computer become apparent that the same has been copied into his computer by hacking the email id of Anoushka. Now Section 66 IT Act has been added as the same is attracted to the offence. The material evidence seized by the cops proves the involvement of the offender as the IP address has been traced to his residence. Further, the examination and analysis of the seized hard disk of the computer of offender at the forensic laboratory would prove that the emails have been hacked into and photographed copied by the offender from the inbox of the email. If it is further revealed by the analysis of the hard disk that the photographs (read obscene or nude) found in the possession of the offender, have been transmitted by him electronically, say some of his friends, the same would amount to publication in electronic form which would be squarely covered and punishable under Section 67 of the IT Act, 2000 as well.
The success of Delhi Police definitely provide some deterrence to the cyber criminals that they are not scot free. At the same time the internet users should learn some lessons and be more cautious of the security and fire walls of their e-mails and websites.
The success of Delhi Police definitely provide some deterrence to the cyber criminals that they are not scot free. At the same time the internet users should learn some lessons and be more cautious of the security and fire walls of their e-mails and websites.
Source: Neeraj Aarora http://ongkinhviet.com visited 28th July.
Wednesday, July 21, 2010
Cyber law in Ethiopia
Ethiopia is going to adopt a Cyberlaw that helps protect financial institutions from crimes through internet networks. The draft law sent to some banks and insurance companies for comment aims to introduce a cyber law which would make electric records legally accepted.
This law does not exist in Ethiopia. The law would give penalties, making it a criminal offense to hack networks and systems of banks and insurance companies. According to some bankers the law would protect the country s financial institutions from being cheated through the internet, networks and smart cards.
These bankers said that the system is so volatile due to the absence of such law that it has the potential to highly affect financial institutions. According to these experts the draft law is expected to be ratified by next year after the Council of Ministers approves the law. The last couple of years have seen an alarming rate of cyber theft in the country.
Financial experts insist that the law should be ratified soon to prevent financial institutions from collapsing. One veteran banker said that in the developed world hackers could interrupt a bank s transaction for hours. The west has sophisticated systems to prevent these kinds of attacks.
This law does not exist in Ethiopia. The law would give penalties, making it a criminal offense to hack networks and systems of banks and insurance companies. According to some bankers the law would protect the country s financial institutions from being cheated through the internet, networks and smart cards.
These bankers said that the system is so volatile due to the absence of such law that it has the potential to highly affect financial institutions. According to these experts the draft law is expected to be ratified by next year after the Council of Ministers approves the law. The last couple of years have seen an alarming rate of cyber theft in the country.
Financial experts insist that the law should be ratified soon to prevent financial institutions from collapsing. One veteran banker said that in the developed world hackers could interrupt a bank s transaction for hours. The west has sophisticated systems to prevent these kinds of attacks.
Monday, July 12, 2010
2010 The Indian Law Institute (ILI) Admission to Online Courses in Cyber Laws and Intellectual Property Rights and Information Technology
Name of Institute / University
The Indian Law Institute
Courses Offered
Applications are invited for admission to the following online certificate courses:-
1. Cyber Laws (This course will cover the fundamentals of Cyber Law and Cyber World, Regulatory Framework, Cyber Crimes and E- Commerce)
2. Intellectual Property Rights and Information Technology in the Internet Age (This course covers the basic laws of Patents, Copyright, Trademarks and Management in IPRs)
Duration: 3 (Three) Months Commencing from 16th August, 2010
Eligibility
Anyone who is pursuing / has pursued diploma or degree after 10+2 and has access to Computer and Internet can apply.
How To Apply
Fee : Rs. 4,000/- (Four Thousand only) ;
100 US$ (for foreign students)
100 US$ (for foreign students)
Application Form can be downloaded from the ILI's website. For further details see the website of the Institute http://www.ilidelhi.org
Contact Details
Address: Bhagwndas Road, New Delhi – 110 001
Tel: 011 – 23073295, 23389849
Website: www.ilidelhi.org
Email: e_ipr@ilidelhi.org
Tel: 011 – 23073295, 23389849
Website: www.ilidelhi.org
Email: e_ipr@ilidelhi.org
Last date for receipt of form
10 August 2010
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, 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://ssrn.com/author=1189281
Friday, July 09, 2010
Federal Court of Appeal Rules ISPs Not Broadcasters
The Federal Court of Appeal in Canada held that Internet service providers can not be considered broadcasters within the context of the Broadcasting Act of Canada. The case on the point is the outcome of last year's CRTC New Media decision. In the said decision many cultural groups called by the Commission to establish an ISP levy to fund Canadian content. The ISPs argued that such a levy was illegal since they fell under the Telecommunications Act, not the Broadcasting Act. The cultural groups argued that ISPs should be considered broadcasters in the case of the transmission of video programs. The CRTC punted the issue to the Federal Court of Appeal.
The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation. The case is a huge win for the ISPs and - subject to an appeal to the Supreme Court of Canada or a legislative change - puts an end to the ISP levy proposal. The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, 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://ssrn.com/author=1189281
Thursday, July 08, 2010
Legal Implications of the convergence of IT, Telecom and Broadcasting
Image via Wikipedia
Tuesday, July 06, 2010
ICC and INTA Oppose De Minimis Provision in ACTA
The International Trademark Association (INTA) and International Chamber of Commerce have issued a notice on ACTA urging countries to drop the de minimis provision that is designed to allay fears of iPod searching border guards. The two associations argue that the exception "sends the wrong message to consumers."
For Further details click here
--Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, 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://ssrn.com/author=1189281
Saturday, July 03, 2010
Meet in to Discuss Copyright in the Internet Economy by Public and Private Sector Leaders in USA
On Thursday, 1st July, 2010, U.S. Commerce Secretary Gary Locke gathered with leaders from the public and private sectors to discuss the relationship between copyright policy, creativity and innovation in the Internet economy as part of a symposium co-hosted by the Commerce Department's United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA) at the Ronald Reagan Building and International Trade Center.
The day-long symposium included discussion of online copyright policy in the United States, specifically the impact of current copyright laws, existing and emerging techniques used to illegally distribute and obtain protected works, the extent and economic impact of infringement, and the role of emerging business models for legitimate distribution of content. During the symposium, it was announced that the Department of Commerce will issue a Notice of Inquiry (NOI) this month seeking public comment on the effectiveness of copyright law, and ultimately will issue a report which will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection.
"The United States simply must get back to cultivating industries and lines of scientific discovery that provide long-term benefits to society and spur sustainable innovation," said Secretary Locke. "We have to find the sweet spot on Internet policy—one that ensures the Internet remains an engine of creativity and innovation, and a place that discourages piracy of copyrighted works."
In addition to Secretary Locke, featured speakers included U.S. Intellectual Property Enforcement Coordinator Victoria Espinel, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos, Assistant Secretary of Commerce for Communications and Information Lawrence E. Strickling and other senior Obama Administration officials. The conference also included five panel discussions with participants representing the views of different stakeholders.
The Department of Commerce has assembled an Internet Policy Task Force whose mission is to identify leading public policy and operational challenges in the Internet environment. Recognizing the vital importance of both intellectual property rights and the Internet to U.S. creativity and innovation, the Department has made it a top priority to ensure that both remain a vehicle for these important purposes.
This effort is to that end. The Task Force is conducting similar reviews of cybersecurity, the global free flow of information goods and services, and information privacy.
Additional information on the symposium is available on the Internet Policy Task Force Web siteand the USPTO's Web site.
Source: http://www.ipwatchdog.com 3rd July 2010
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, 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://ssrn.com/author=1189281
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