Facebook and Law strings

1.   The way Facebook has made an impact pan globe in most of our lives is undoubtedly phenomenal.Facebook has become a way of life for many who are addicted...it gives us a medium to express self in the digital world with a digital self avatar.It is seen that people who remain silent in their physical lives may become more verbose on Facebook...people who generally remain non reactive in informal group discussions become unexpectedly high on expressing themselves ...and so it be that for the first few years when every one was expressing loudly on the Facebook ...it didn't matter but now with the IT act and laws propping up in each country...things are not so easy to express.Each time anyone expresses anger or happiness over something... it is associated and linked with a act which may or may not be legally authorized.Here in this post ahead I bring you few FAQs which each one of us will associate with our lives and associated punishments effected as per IT act 2008 amended (India).

FAQs ex ROHAS NAGPAL @ http://www.facebooklaw.in/

Is it legal to ridicule a Government official or Minister on Facebook?

NO. This is a very serious offence and could get someone in jail for life! And unlike what is shown in Hindi movies, life imprisonment means imprisonment for life and not just 14 years! Ridiculing a Government official or Minister on Facebook could be illegal under the following laws:

Sedition
Defamation
Sending offensive electronic messages

Plus, if the Minister or official is a woman, it could also be covered under indecent representation of women

Is it legal to ridicule a celebrity or even an ordinary person on Facebook?

No. This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a celebrity or even an ordinary person on Facebook could be illegal under the following laws:

Defamation
Sending offensive electronic messages

Is it legal to ridicule a religion on Facebook?

No.This is a serious offence and could get someone in jail for upto 3 years! Ridiculing a religion on Facebook could be illegal under the following laws:

Promoting enmity on grounds of religion8
Outraging religious feelings9
Wounding religious feelings10
Sending offensive electronic messages11
Imputations, assertions prejudicial to national-integration

Is it legal to call someone an “idiot” on Facebook?

No.This is a serious offence and could get someone in jail for upto 3 years!The dictionary meaning of “idiot” is a “person of low intelligence” or a “mentally deficient person”.Since it is impossible to prove that a person is actually an “idiot”, calling someone an idiot would amount to defamation and would be punishable under two laws:

Defamation
Sending offensive electronic messages

I have ordered some stuff from a famous ecommerce website. They have not sent
it even after a month but my credit card has been charged for the transaction. Is it legal to post my complaint about this on my Facebook wall?

Is it legal to open a Facebook account in a fake name?

No.This is a serious offense and simply creating the account in a fake name (or someone else’s name) makes the creator liable for 2 years imprisonment.If the person sends even one message, posts one comment or sends even one friend request using this account, the liability could be another 3 years in jail!Simply creating the account in the fake name (or someone else’s name) amounts to forgery.If the account is used, then it amounts to sending offensive electronic messages.Further if the fake account was created for the purpose of harming someone’s reputation, then it amounts to forgery for purpose of harming reputation.

If I use asterisk marks instead of abusive words, can I still get into trouble?

Yes.Even if you use asterisk marks (e.g. instead of fool, you say f**l), if the meaning is apparent, then it would be punishable with upto 3 years imprisonment.

 

As a joke, I have put a morphed photo of my friend on Facebook. She has taken
it as a joke, but her father is very angry with this. Can he file a case against me?
What kind of posts can land me in prison?

Yes.If her father finds it offensive, he can file a case and it can be penalized as “sending offensive messages” and is punishable with upto 3 years imprisonment.If the photo is obscene then there is an additional liability for 3 years imprisonment.

Someone has sent me a threatening message on Facebook. Is that a crime?

Yes.Sending threatening messages on Facebook can be penalized as “sending offensive messages” and is punishable with upto 3 years imprisonment.Additionally, depending upon the threat in the message, additional punishment could vary from 2 years imprisonment to 7 years imprisonment.Additionally, if the threatening message is sent using a fake account (or in any manner to hide the name and details of the sender), then an additional 2 years punishment can be given.

FAQs ex ROHAS NAGPAL @ http://www.facebooklaw.in/

Is your ANTIVIRUS spying you ?

1.    Now as the Cyber Crime grows exponentially,so has the world of antivirus companies....the list is pretty endless....now how do all these antivirus companies work.Do they all research separately and develop separate signatures for each virus/malware found or do they have such common platform or standard wherein they share each others views and technologies.As I see on Wiki about the list of antivirus companies,they originate in different countries.Details of the page showing a compare of all such antivirus companies can be seen here.Well....what I am going to discuss here is importance of the country origin.

2.  Lets say I have antivirus company by the name of ABC that has its origin and complete team of researchers and developers from India.Now there is a user in some XYZ Country that uses this antivirus.Now while installing the antivirus,while he accepts the terms and conditions(who reads it anyway?),who stops the ABC antivirus from issuing some malware/spyware for that user PC.In the scan it can not be detected since it is being scanned by the installed antivirus.Now with some vested interest, the ABC Company can actually play havoc with confidential info of the user without giving a cue to the user.Who knows what all signatures released by the company contain? Even while submitting a sample virus,it is done mostly in a encrypted or a bundled form!!!!

3. Although institutes like EICAR (European Institute for Computer Antivirus Research) are there,but they also do not have any control over such issues!!!!If any one  has some idea on the subject ...please let me know vide email or comment here.....

ANKIT FADIA @ INDORE 19 FEB 2012

1.   The Sunday that was@ Ethical Hacking Workshop by Ankit Fadia Indore....is all I have to say now after a great great lively interactive (with demonstration) workshop with Ankit Fadia at Indore here...right from 10 in the morning to 1810h in the evening.This was my second workshop with him and this guy is only improving from his own earlier version for much better.The best thing about him is that he keeps it very very simple to understand for those who wish to.....and tops it with simple demos which actually make the thing go in the mind.Last I attended him at Adobe.

2.  I would always recommend all the young techo enthusiasts across not to miss attending any of his workshops if he is in your town.He never wastes a moment....never takes any unnecessary breaks in between...no calls....all for you...the best part....he is so down to earth...no frillls......grt....for now I will start reading so many new things and terms that I got introduced owing to him......

3.  Thanks Ankit....and all the best!!!

OPERATION CISCO RAIDER

1.   Counterfeiting is not new....since we were born we have been seeing dupli's and counterfiets of Reebok,nike,hmv etc...the list is actually endless....this endless list is now augmented with IT inventory....to cite you an example which has rocked the nations across is about OPERATION CISCO RAIDER.

2.    Relevant original EXTRACT FROM http://www.coastnetwork.com is produced below : 

" Cisco made a decision a decade ago to manufacture product in China as a way of cutting production costs. A great deal of Cisco manufacturing is now done overseas, specifically in China. What has happened is that many of the companies that do the outsourcing for Cisco now run an extra shift and sell the now counterfeit hardware out the back door. After all, they have the manufacturing capability, the expertise and the full blessing of Cisco. The result? More and more counterfeit Cisco hardware is now showing up on American shores. Part of the problem is that China does not have strong intellectual property protection laws. This is a situation that Cisco and many other companies are still struggling to solve and one that does not promise to be resolved soon.

Warning signs of a possible counterfeited item:

If you are getting discounts of 40-55% off the list price for brand new hardware, i.e. sealed boxes, then it is a red flag. The largest of Cisco’s customers – the Bank of Americas, Ford Motor Company, United Airlines, AT&T, etc. get these discounts. You don’t. If it is any consolation, even dealers do not get the top corporate discounts.       

While it is flattering and tempting to receive big discounts for new Cisco hardware, it is also unrealistic and should be treated with the utmost caution. 

Ask what the retail price is and compare it to the price you are being quoted. If you are getting a 15-25% discount from the list price for new/sealed hardware, then you are being quoted a fair and realistic price. Expect a reasonable discount, however; too big a discount often spells trouble.

Another sign to be aware of is the receipt of unsolicited email from unknown dealers offering you Cisco hardware at very good prices. This warning is doubly true if the email or company originates from mainland China.

3.     Thanks http://www.coastnetwork.com/counterfeitcisco