Thursday, April 25, 2013

Landmark cyber law - IT Act, 2000 case law - judgement from India -Maharashtra

If a employer gets his employees or ex employees bank statement without his knowledge it amounts to DATA THEFT . This cannot be produced even in a Court of LawThis is a landmark judgement(order) delivered by Maharashtra Adjudicator in Our clients favour this will prevent misuse of an individual’s bank statement in India. The judgement has ruled that this amounts to Data Theft of Sensitive Personal Information under Section 43(b) Read with Section 66 of the Information Technology (IT) Act, 2000(INDIA). I had represented and argued this matter for my client Amit Patwardhan-CEO of Heko Chains in India (a German Company)
Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013
Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013Case Details :Amit Patwardhan Vs Rud Indiia & Vipin Rao - 1 of 2013This judgement could be downloaded at following link of Maharashtra Government Website - DIT
http://it.maharashtra.gov.in/SITE/Upload/ACT/AmitPatwardhanVsRudIndiaVipinRao%2015Apr%202013%20Rajesh%20Aggarwal.pdf

A New Virus Warning in Indian Cyber Space - -

Warning of A NEW VIRUS 

A new virus or variant has been found to be "spreading fast" in the Indian cyberspace which cleverly steals bank account details and passwords of the user once it is clicked.It is the new and suspected variant of malware family called 'Win32/Ramnit'.
Ramnit worm spreads by infecting or modifying files existing on target systems such as (EXE, dll or html) and creating a newsection so as to modify the entry point to that section.
This virus, "steals credentials like file transfer protocol passwords, bank account logins, infects removable media, changes browser settings and downloads and executes arbitrary files".The virus is so potent, that it has ability to hide itself from anti-virus solutions and acquires various aliases to attack a genuine system or Internet-based connection which works to play emails and other user services.
The virus is such lethal in its operations that it "infects the removable media by copying itself to its recycle bin and creates an autorun.Inf file".

Once the system is infected, the malware injects its malicious code into windows executables, html files or dlls to communicate with its command and control server, thereby compromising the security of the online system.

Counter Measures in this regard.
1.
users should not download and open attachments in emails received from untrusted users or unexpectedly received from trusted users, one should exercise caution while visiting links to web pages and users should not visit untrusted websites.

2. Enable firewall at desktop and gateway level and disable ports that are not required, avoid downloading pirated software, keep up-to-date patches and fixes on the operating system and application softwares and keep up-to-date anti- virus and anti-spyware signatures at desktop and at gateway level.

Law Perspective: If gross negligence or guilty mind is found then Spreading of Virus is a cognizable crime under the section 43(c) read with section 66 of The IT Act,2000 in India. It attracts upto 3 Years of imprisonment or upto Rs. 5Lakhs of fine or both. 

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