'CYBER SQUATTING' Case

This is on case for cyber squting , please put comment (tat is good for improving our knowledge for Final exam )
Yahoo Inc. Vs. Akash Arora 2: The Plaintiff was the owner of the Trade mark "Yahoo!" and domain name "yahoo.com", which are very well known. The Defendant adopted the domain name "Yahooindia.com" and got the same registered in his name. The Plaintiffs filed a suit contending that the action of the Defendant was that of 'passing off' and that he should be permanently restrained from continuing the same.

Accordingly, the Hon'ble Court held that the said word "Yahoo" had acquired distinctiveness and is associated with the business of the Plaintiff. The use of domain name "yahooindia.com" by the Defendant leads to passing off of the business of the Plaintiff as his own and hence the same shall be permanently discontinued. Therefore, an injunction restraining the Defendant from using the impugned mark was granted.

Nowadays ,information about you is your wealth, on the other hand using internet is developing rapidly , and also all person can achieve some your information easily , so off course protecting is one of the your concern. On of the most famous way for that matter is PDA(protection data act) The Data Protection Act 1998 establishes a framework of rights and duties which are designed to safeguard personal data. This framework balances the legitimate needs of organisations to collect and use personal data for business and other purposes against the right of individuals to respect for the privacy of their personal details. The legislation itself is complex and, in places, hard to understand. However, it is underpinned by a set of eight straightforward, common-sense principles. If you make sure you handle personal data in line with the spirit of those principles, then you will go a long way towards ensuring that you comply with the letter of the law

Domain Dispute Policy

There are more than 7,500,000 domains registered worldwide as of mid-May 1999. Over 60% (5 million) of them are in the .com registry. The TLDs .org and .net contain another million. NSI has a domain name dispute policy that is imposed by contract on registrants. Revision 03 (effective 02/25/98). There are many contentious features of this policy, not least of which are the rights reserved by NSI (a) to modify the policy at any time and (b) to revoke, suspend, transfer or otherwise modify any registration at any time at its sole discretion. See Oppedahl & Larson LLP for a review of litigation concerning NSI's dispute policy.

Computer crime, Cybercrime, E-crime

hi-tech crime or electronic crime generally refers to criminal activity where a computer or network is the source, tool, target, or place of a crime. These categories are not exclusive and many activities can be characterized as falling in one or more. Additionally, although the terms computer crime and cybercrime are more properly restricted to describing criminal activity in which the computer or network is a necessary part of the crime, these terms are also sometimes used to include traditional crimes, such as fraud, theft, blackmail, forgery, and embezzlement, in which computers or networks are used.
Examples of crimes that primarily target computer networks
1) Malware and malicious code
2) Denial-of-service attacks
3) Computing viruses
Examples of crimes that merely use computer networks
1) Cyber stalking
2) Fraud and identity theft
3)Phishing scams
4) Information warfar

Analysis Cyber crime in Iran

Cyber crime can be defined as 'criminal or otherwise malicious activity utilizing or directed towards the internet and/or information technology applications'. Globally, it is increasing broadly in line with ecommerce, with 2004 statistics showing increases of 50% for viruses and 30% for fraud. Although there are no statistics for cyber crime in Iran, it is noticeably on the increase, as evidenced by various events.
Internet usage has extended at exponential levels in recent years, across the globe. Between 2000 and 2005 global internet penetration (i.e. the number of people with regular access to the internet) has increased by 182%. No region has seen faster growth than the Middle East, at 454%, and within the Middle East region, no country has higher internet penetration growth rates than Iran, at a staggering 2,900% between 2000 and 2005. Iran now has 7,500,000 internet users, or just over 10% of its population. In tandem with record levels of internet usage, the buying and selling of goods and services over the internet, ecommerce is also increasing rapidly

Crimes in cyber

Crimes in cyber space will happen through quick change in information technology in computer and telecommunication domains. On this crimes emphasis is not on computer. In fact computer is a tool that crimes take place.
With entering computers in personal life and extension of information technology (internet), misuse by these tools changed its face that called cyber crimes.
One of the most prevalent of these crimes that increase day to day is internet defrauds. Also there are many other kinds of crimes such as computer faking, internet theft, information revelation and …

E-Signature & European law

European law (directive n.93/1999, hereinafter referred to as "dir.") provides three kinds of electronic signatures, each with different juridical value:
1. electronic signature (also called a weak electronic signature or light electronic signature): "means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication" (art. 2.1 dir.)
2. advanced electronic signature: "means an electronic signature which meets the following requirements:
[a] it is uniquely linked to the signatory;
[b] it is capable of identifying the signatory;
[c] it is created using means that the signatory can maintain under his sole control; and
[d] it is linked to the data to which it relates that any subsequent change of the data is detectable" (art. 2.2 dir.).
3. advanced electronic signature which is based on a qualified certificate and which is created by a secure-signature-creation device (also called a secure digital signature, strong digital signature, or qualified digital signature). The secure-signature-creation device (also called a Certification Authority or CA) must have the technical standards needed to ensure the key can neither be forced nor reproduced in a reasonable time, one that is longer than the validity period for the signature.