By-Karnika Seth, Cyberlaw expert Cyber crimes denotes a term indicative of criminal activities in which a computer or computer network is either the instrumentality for its commission or its target .Computer is a target of cyber crime in common data theft case, unauthorized access which may be physical as well as virtual with the aim […]
COMPUTER FRAUDS IN CYBERSPACE
By- Karnika Seth, Cyberlaw expert A study of computer fraud reported in USA in 2001, IFCC Internet Fraud Report prepared by National White Caller Crime Centre and Federal Bureau of Investigations shows that internet auction fraud was the most reported offence, comprising 42.8% of referred complaints. Non-deliverable merchandise and payments account for 20.3% of complaints. […]
CYBERCRIMES DEFINED UNDER THE INDIAN IT ACT,2000
(Position before IT Amendment Bill 2008 was passed) By- Karnika Seth, Cyberlaw expert According to Section 65 of the Indian IT Act, a person who intentionally conceals or destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or […]
DOMAIN NAMES
By Karnika Seth, Cyberlaw expert & Chairperson, Lex Cyberia This article is a basic guide to understanding the concept of domain names on the internet and briefly discusses the Domain Name dispute Resolution policy and the famous Tata case, one of the first domain name disputes in the Indian context . What is an IP […]
ELECTRONIC GOVERNANCE UNDER INFORMATION TECHNOLOGY ACT,2000
By- Karnika Seth, Cyberlaw expert Section 4 of the Indian IT Act, 2000 confers legal recognition to electronic records .Paper based documents are equated with electronic records so long as they are made available in electronic form and are accessible so as to be usable for a subsequent reference. Section 5 confers legal recognition to […]
EVIDENTIARY VALUE OF SMS, MMS AND E-MAIL
* Karnika Seth, Managing partner , Seth Associates & Mr. H.M Mukherjee, Associate ,Seth Associates The era of Information technology has brought new methods and modes of commission of crime. Each time a crime is committed whether in physical form or in cyber space, the success of prosecution largely depends on the quality of evidence […]
INDIA -CYBER CRIMES AND THE ARM OF LAW- AN INDIAN PERSPECTIVE
(Position before IT Amendment Bill 2008 was passed) Karnika Seth – Cyber lawyer & Consultant practicing in the Supreme Court of India and Delhi High Court At the outset, I must confess that it is an extremely challenging task to present a critique on the subject of Combating Cyber crime and law & enforcement in […]
COMMENTS OF KARNIKA SETH
ON THE AMENDMENTS PROPOSED BY INFORMATION TECHNOLOGY AMENDMENT BILL 2008 The Information Technology Amendment Bill 2008 was passed by the Lok Sabha and the Rajya Sabha in the last week of December 2008 and received the President’s assent on 5th February 2009. The Bill aims to make sweeping changes in the existing Indian cyber law […]
LIABILITY OF NETWORK SERVICE PROVIDERS IN CYBERSPACE
The Indian ITAct,2000 stipulates that Network service providers are not liable in certain cases, for any third party information or data made available by an ISP, if it proves that the offence was committed without his knowledge[1],, or that he had exercised all due diligence to prevent the commissioning of such offence [2]. A ‘network […]
PHISING-THE NEW ONLINE CYBERCRIME
Karnika Seth – Cyber lawyer & Consultant practicing in the Supreme Court of India and Delhi High Court THE MEANING OF PHISING In the cyber-world phising (also known as carding and spoofing) is a form of illegal act whereby fraudulently sensitive information is acquired, such as passwords and credit card details, by a person/entity masquerading […]