'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.

Electronic Signature

A signature is a stylized script associated with a person. It is comparable to a seal. In commerce and the law, a signature on a document is an indication that the person adopts the intentions recorded in the document. An electronic signature is any legally recognized electronic means that indicates that a person adopts the contents of an electronic message. The U.S. Code defines an electronic signature as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record. It may be an electronic transmission of the document which contains the signature, as in the case of facsimile transmissions, or it may be encoded message, such as telegraphy using more

The Hong Kong data protection regulatory framework

The main privacy law in Hong Kong is the Personal Data (Privacy) Ordinance (Cap 486) (the Ordinance). The Ordinance, which generally reflects the OECD guidelines for the Protection of Privacy and Trans-border Flows of Personal Data (1980), has been in force since December 1996. The purpose of the Ordinance is to protect individuals’ right to privacy by regulating the handling of personal data in Hong Kong. It applies to any person or organisation, both public and private, that collects, holds, processes or uses personal data.

Hong Kong has a very advanced data protection regulatory framework compared to the rest of Asia, where the extent of personal data protection varies across the region but in general it is still at an embryonic stage. Japan, Malaysia, South Korea, Taiwan, Vietnam, Singapore and Indonesia have implemented laws and regulations to govern the protection of personal data, however in most cases protection is sector specific or fragmented through various pieces of legislation. The implementation of a data protection law is still being considered in China, Thailand, India and Philippines

The Biology of Data Protection

Interest in the right of privacy increased in the 1960s and 1970s with the advent of information technology. The surveillance potential of powerful computer systems prompted demands for specific rules governing the collection and handling of personal information. The genesis of modern legislation in this area can be traced to the first data protection law in the world enacted in the Land of Hesse in Germany in 1970. This was followed by national laws in Sweden (1973), the United States (1974), Germany (1977), and France (1978).
Two crucial international instruments evolved from these laws. The Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data and the Organization for Economic Cooperation and Development (OECD) Guidelines Governing the Protection of Privacy

Technologies of Privacy

With the recent development of commercially available technology-based systems, privacy protection has also moved into the hands of individual users. Users of the Internet and of some physical applications can employ a range of programs and systems that provide varying degrees of privacy and security of communications. These include encryption, anonymous remailers, proxy servers and digital cash. Users should be aware that not all tools effectively protect privacy. Some are poorly designed while others may be designed to facilitate law enforcement access. (For more discussion of this subject, see the sub-section on Privacy Enhancing Technologies).

Privacy is a fundamental human right

Privacy is recognized around the world in diverse regions and cultures. It is protected in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights treaties. Nearly every country in the world includes a right of privacy in its constitution. At a minimum, these provisions include rights of inviolability of the home and secrecy of communications. Most recently written constitutions include specific rights to access and control one's personal information. In many of the countries where privacy is not explicitly recognized in the constitution, the courts have found that right in other provisions. In many countries, international agreements that recognize privacy rights such as the International Covenant on Civil and Political Rights or the European Convention on Human Rights have been adopted into law.

The law of electronic contract in Malaysia

The Sale of Goods Act 1957 (Malaysia) provides certain implied conditions and warranties for a sale contract to protect the interest of buyers. These implied conditions and warranties are as follows:
• It is an implied condition that the seller must have a right to sell the goods;
• It is an implied warranty that the buyer shall have and enjoy quiet possession of the goods;
• It is an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made;
• Where there is a contract for sale of goods by description there is an implied condition that the goods shall correspond with the description;
• The goods should be reasonably fit for the buyer's purpose;
• The goods should be of merchantable quality if bought by description from a seller who deals in goods of that description;
• In case of a contract for sale by sample in quality there is an implied condition that the bulk shall correspond with the sample in quality and the buyer shall have reasonable opportunity to compare the bulk with the sample.
It is necessary to consider the extent to which these terms are applicable to contracts executed online

Background of Electronic contract in Malaysia

The provisions of the Contracts Act 1950 (Malaysia) were taken from the Contract Act 1872 (India) which was in line with common law in the UK. The Contracts Act was amended in 1974 and its provisions are more or less similar to the applicable contract laws in the UK. The sources of contract law in Malaysia are the Contracts Act 1950, the Sale of Goods Act 1957, English common law, rules of equity, English commercial law in general and decisions of Malaysian courts. The decisions of English courts relating to contractual issues are persuasive in Malaysia if not contrary to the provisions of the Contracts Act 1950. English common law, rules of equity and commercial law in general are applicable in Malaysia under sections 3 and 5 of the Civil Law Act 1956 (Malaysia) so far as they are suitable for the local circumstances of Malaysia

The law of electronic contract in USA

United States basic contractual rules are found in the Uniformed Commercial Code (U.C.C.) and state judicial opinions published by the Restatement of Contracts. The U.C.C. is a set of uniformed commercial rules that have been adopted by most states. U.C.C. Article 2 refers to the sale of goods and Article 2A refers to the lease of goods including computer equipment. Thus, the U.C.C. applies to electronic contracts for the sale of goods. The U.C.C. does not apply to the online sale of services
The Uniform Electronic Transactions Act (UETA) is another important U.S. legislation applicable to electronic contracts. UETA uniformed rules were proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1999. 46 U.S. states, the District of Columbia, and the U.S. Virgin Islands have incorporated UETA rules within their state rules
The U.C. Electronic Signatures in Global and National Commerce Act (E-Sign Act) has been totally in effect since 2001. The Act recognizes the validity of contracts entered electronically, and where electronic signatures have been incorporated. It is important to note that the E-Sign Act is not considered the U.S. electronic signature law. The E-Sign Act broadly defines electronic signatures as any mark or sound. Thus, any mark, image, symbol, or sound may constitute an e-signature for purposes of electronic contracts.

The law of electronic contract

The growth of electronic commerce has proportionally increased the use of electronic contracts as a faster and innovative way to carry out business. Between 1998 and 2002 most countries adapted their domestic commercial legislation to recognize electronic contracts and signatures as legally valid instruments. Still some less-developed countries are accomplishing this task. Even so, despite the inexorable expansion of e-commerce and the promulgation of laws protecting e-commerce contracts, many businesses and Internet users do not know precisely what law applies to their e-commerce contracts. In addition to these specific laws, there are some international laws that may well apply to electronic contracts if the contractual parties decide to abide by them. This article does not address the explicit international laws applicable to electronic contracts.

Electronic contract

There are two broad categories of electronic contracts. First, those contracts that trade with physical goods or services. Second, those contracts that trade with electronic materials (software, images, e-delivered texts, etc). In addition to the basic commerce/contractual rules, each contract within any of these two categories may be subject to other set of specific regulatory policy. For instance, contracts on tobacco products, liquor, and firearms are subject to further and strict government regulations; and contracts on Internet telecommunication services and internet service providers may also be subject to domestic telecommunication laws and regulations. The following set of laws only refer to the basic contractual rules any electronic contract must follow to be binding on and enforceable by the parties.

small and medium-sized businesses & cybercrime victims

The latest survey found that 22 per cent of all emails received by the 510 surveyed firms were spam, and that 23 per cent of respondents had been affected by a phishing scam.

Assuming each employee receives 20 spam emails each business day and works 225 days a year, respondents are collectively having to find time to delete nearly 250,000 spam emails a year," Symantec said.

Symantec said small and medium-size businesses could protect their information by educating their staff about cybercrime, developing security policies and deploying a comprehensive security solution across their business

cybercrime victims in Asia-Pacafic

About 56 per cent of Australian small and medium businesses surveyed had been affected by cybercrime, up from 46 per cent in 2008, according to internet security firm Symantec.

The survey found the top concern, by 52 per cent of respondents, was malicious software created by cybercriminals.

"Cybercrime is a warranted concern for Australian small and medium businesses," Symantec managing director for the Pacific region Craig Scroggie said in a statement.

"In 2009, Symantec identified more than 240 million distinct new malicious programs globally, a 100 per cent increase over 2008."

victim of a cyber crime in India

“Most of the cases go unreported due to lack of awareness and fear of loss of public image,” said Pratap Reddy, Director of Cyber Security, NASSCOM.
It was also found that 62 per cent parents do not monitor their children’s online activities.
“You can afford to leave children out in the open; do not leave them alone on the Internet,” said Mukhi.
At another event, the students and faculty of the DJ Sanghvi College of Engineering, Vile Parle, learnt about steganography (encrypted malware in images), email spoofing, phishing and credit card fraud.
Interactive kiosks have been set up at Phoenix Mills, Lower Parel, where you can play a cyber security snakes and ladders game. This will help you find out whom to contact and how, in case you are a victim of a cyber crime

Facebook in Pakistan

ISLAMABAD: The web is abuzz over the ban on social networking site Facebook in Pakistan following the Prophet cartoon row. While some favour a clamp

down, others say: "Why should everyone get punished for 1 or 2 person's mistake
Webpages have sprung up on Facebook after "Everybody Draw Mohammed Day!" was set up.

A Pakistani court had Wednesday ordered the government to temporarily block Facebook after a controversy over a competition for caricatures of the Prophet Mohammed.

Pakistan has also blocked the video-sharing website YouTube because of its "growing sacrilegious contents".

A statement from the Pakistan Telecommunication Authority (PTA) said that YouTube and Facebook websites were blocked after the government failed to convince them to remove "derogatory material".

A webpage called "Ban FACEBOOK in Pakistan" has been set up "to condemn the hypocrisy of FACEBOOK. As it won't delete the hate mongering page called "Everybody Draw Mohammed Day!".

Indian policy about Orkut.com

controversies related to Social Community websites is not something new, even in India, websites like Orkut.com have faced the flack of the courts, when one of the anti-Shivaji community was discovered and orkut became inaccessible in some parts of Maharshtra, especially Pune

Pakistan and Bangladesh

gainst the objectionable caricatures of Prophet on Facebook took place all over pakistan, which involved religious leaders to lawyers. But after few days of ban, the Lahore High Court finally lifted the ban and Facebook was unblocked, after the government said that the Facebook Management had promised to make material considered derogatory inaccessible to Pakistan users. But on the same day Facebook run into trouble in neighboring Bangladesh where the site was blocked, after the government objected to content offensive to the Prophet on Facebook.

Palestan and Bangladesh

Pakistan Government ordered blocking of Facebook over controversial Prophet cartoons, which was followed by ban on Twitter and Youtube also. The Pakistan Telecommunication Authority (PTA) said that YouTube and Facebook websites were blocked after the government failed to convince the said websites to remove "derogatory material".

Punishment of cyber crimes in Iran

Unfortunately issue of cyber crimes has emerged later than other countries because of unfamiliarity of information technology in Iran.
By developing information technology and its pervasion among public, managers’ considerations to create necessary laws have been felt. The first formal reference of Iran that felt the need of computer rights is the informatics premium council associated to programming and budgeting organization.
The first law that authorized around cyber crimes was on 1379 (2000) that Islamic council authorized “the law of supporting creators of computer software”.
On year 1381(2002) also plan of e-commerce law was prepared and ultimately its content
authorized by Islamic council. One of the important cases that can be indicated is: fakes,
computer defraud, penal supporting of consumer rights, supporting of copyright and data.
(Cyber crimes and it’s punishments in Iran published in Iran’s police news centre, http://81.28.32.51/NCMS/FullStory/?Id=91002)

Punishments of cyber crimes in Europe

It can be assumed as a whole, in European countries cyber crimes have determinate punishments same as many other traditional crimes and it has been extended among European countries since many years ago. So their punishments also have authorized some deal by their governments.
In advanced European and American countries cyber crimes are developing as well as

computer science which have been considered and developed. But juridical courts of these

countries attempt to move along to contrast with these crimes via authorizing penal

regulations.
(Cybercrime: The Council of Europe Convention, Kristin Archick, September 28, 2006, http://fpc.state.gov/documents/organization/74909.)

Punishments of cyber crimes in Europe

Clause 24 from recipe46/45 of Europe commission makes Europe union countries to accept whole possible and suitable scales for guaranty of complete execution of this recipe.
One of the tenets of this recipe is incurrence of penal sanction against disobeyers of domestic regulations’ tenet. Subject of fundamental rights are considered in relation to personal sanctum and protecting more information in fundamental rights of Europe union.
Crimes related to content: emission of salaciousness, especially in children in internet, also propagation of ethnocentrically terms and persuasive information to aggression make question that how can it possible to collation with these facts via penal regulations. The commission will support the belief that everything illegal from outside of internet should be also illegal during connection to internet networks. The author may be penal responsible for providing subjects.

Punishments of cyber crimes in Europe

Most of regulations about crimes related to computer have been ordained. In countries of Europe union, there are many juridical documents. There isn’t any juridical document from Europe union that directly related to computer crimes, except one case of council’s making decision about salaciousness of children in internet. But there are some juridical related tools which are exist indirectly.
Most of topics in regulation related to particular cyber crimes in Europe union or countries which are its members are: crimes of aggression to personal sanctum: different countries have authorized penal regulations about collection, reservation, change and distortion, revelation and emission of personal illegal information. In Europe union two recipes in way of convergence of regulations of member countries about protecting of personal sanctum in field of personal information have been ordained.

Based on the Grabosky , we can classify crime in cyber space at nine types. One is the theft of information services, which may involve the "cloning" of cellular phones, counterfeiting of telephone cards, and unauthorized access to an organization's telephone switchboard. The second crime discussed involves communications in furtherance of criminal conspiracies. In this regard, there is evidence of information systems being used to facilitate organized drug trafficking, money laundering, child pornography, and trade in weapons. A third type of offense encompasses a range of activities collectively referred to as information piracy, counterfeiting, and forgery. Digital technology permits perfect reproduction of software, text, images, sound, and combinations of these. The potential for copyright infringement, falsification of documents, and fabrication of negotiable instruments has never been greater. Other crimes discussed pertain to the dissemination of offensive materials, electronic money laundering, electronic vandalism and terrorism, sales and investment fraud, the illegal interception of information, and electronic funds transfer fraud. Countermeasures are discussed under the topics of prevention, the harnessing of nongovernmental resources, enhancement of the capacity of law enforcement, and the fostering of international cooperation.