cyber law in india? urgent help
- Thread starter dfinch
- Start date
- Replies 49
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i know i am giving morally wrong argument as the guy has already admitted that it was done. but i think lesson learnt is punishment enough. so giving this argument.one can always claim that somebody else spoofed his MAC address and used it. its very easy to prove that anybody can spoof any MAC address. so it is ISPs responsibility to make sure that his network is secure and not end users.so unless ISP can give a real proof that it was actually coming from his laptop (MAC address matching is not the proof enough), ISP doesnt stand a case.
they have his laptop although it is password protected.
the laptop was probably confiscated illegally.
the victim here has pretty solid case to defend himself based on this and the above argument.
in the end, who knows what kind of a judge would be presiding over such a lawsuit if it ever goes there.
the ISP here made a serious mistake taking action on his own. the best thing to do would have been to disconnect the service to the customer if they were not really prepared to take the right route to target him legally.
---------- Post added at 08:49 AM ---------- Previous post was at 08:44 AM ----------
i am not very aware of the laws here in India. i used to watch The Practice show which was based in USA. I remember watching an episode about a case where the judge dismissed the lawsuit simply because the only evidence in the court was inadmissible. The cops did not have the jurisdiction to search the accused's house where the evidence was found and well he was let go even though the evidence proved that he had broken the law.
the laptop was probably confiscated illegally.
the victim here has pretty solid case to defend himself based on this and the above argument.
in the end, who knows what kind of a judge would be presiding over such a lawsuit if it ever goes there.
the ISP here made a serious mistake taking action on his own. the best thing to do would have been to disconnect the service to the customer if they were not really prepared to take the right route to target him legally.
---------- Post added at 08:49 AM ---------- Previous post was at 08:44 AM ----------
i am not very aware of the laws here in India. i used to watch The Practice show which was based in USA. I remember watching an episode about a case where the judge dismissed the lawsuit simply because the only evidence in the court was inadmissible. The cops did not have the jurisdiction to search the accused's house where the evidence was found and well he was let go even though the evidence proved that he had broken the law.
Alright, here's how i have gone about this case:
It looks that IP Spoofing has been done.....ASSUMING THAT THIS INFERENCE IS RIGHT - THIS IS HOW IT GOES:
First, the Legal Position:
Source: http://en.wikipedia.org/wiki/Internet_protocol_spoofing]IP address spoofing - Wikipedia, the free encyclopedia[/url]
Source: http://en.wikipedia.org/wiki/Impersonate]Impersonator - Wikipedia, the free encyclopedia[/url]
Source: http://www.thefreedictionary.com/Personation]Personation - definition of Personation by the Free Online Dictionary, Thesaurus and Encyclopedia.[/url]
So its quite clear from the above 2 definitions, that This is an Act of Personation.
Now, here are the provisions regarding Personation as per IT Act 2008:
Source: Information Technology Act 2008, as per link provided by axel & also as per the Bare Act given in the Study material of the ICAI: http://220.227.161.86/18962sm_finalnew_isca_cp10.pdf (Page 40 of 59)
Source: http://cybercrime.planetindia.net/ch13_2008.htm]Cyber Crime, Cyber Law, Cyber pornography[/url]
Source: http://cybercrime.planetindia.net/ch11_2008.htm]Cyber Crime, Cyber Law, Cyber pornography[/url]
Now, the facts of the Case:
It is pretty much clear from the Wordings mentioned by the Thread Starter, that his Cousin & his friends, have done IP spoofing.
As can be seen from above, IP Spoofing is in the nature of "Impersonation", which is a crime under the IT Act 2008. (Erstwhile provisions - IT Act 2000 did not contain these provisions related to Personation)
The Implications:
1) Imprisonment which may extend to 3 years. AND
2) Fine upto Rs. 1,00,000/-
And as can be seen from provisions of Section 76, the crime is prima-facie established & so, confiscation is not illegal.
My personal note on Confiscation: I am not able to make out as to who has the Power to confiscate. So please consider second opinion on that.
---------- Post added at 03:19 AM ---------- Previous post was at 03:14 AM ----------
Forgot to add the fact that The offence can be compounded u/s 77A of the said Act, since the imprisonment term doesnt exceed 3 years, and assuming that he has not been convicted for a similar offence in the past.
And from Practical point of view, if the Company has taken Rs. 15,000 and is ready to close the matter, then he should just thank his stars that he escaped these provisions.
Your argument can easily be struck down
1. You base your case on wikipedia, which is not a recognised source of vocabulary in the Indian judiciary system.
2. Oxford Dictionary defines impersonation as pretending to be someone else to trick another.
So, from the OP I'd like to know whether MAC add. was spoofed to show someone else's or was it just random.
3. If you're argument on impersonation is to be taken as true then proxies, VPN and even using a pseudo- name or an alias online should be illegal.
4. Read this post along with the one I made on the first page, hire a good cyber lawyer- contact me if you need help with that. I know a few in Delhi.
It looks that IP Spoofing has been done.....ASSUMING THAT THIS INFERENCE IS RIGHT - THIS IS HOW IT GOES:
First, the Legal Position:
Source: http://en.wikipedia.org/wiki/Internet_protocol_spoofing]IP address spoofing - Wikipedia, the free encyclopedia[/url]
Source: http://en.wikipedia.org/wiki/Impersonate]Impersonator - Wikipedia, the free encyclopedia[/url]
Source: http://www.thefreedictionary.com/Personation]Personation - definition of Personation by the Free Online Dictionary, Thesaurus and Encyclopedia.[/url]
So its quite clear from the above 2 definitions, that This is an Act of Personation.
Now, here are the provisions regarding Personation as per IT Act 2008:
Source: Information Technology Act 2008, as per link provided by axel & also as per the Bare Act given in the Study material of the ICAI: http://220.227.161.86/18962sm_finalnew_isca_cp10.pdf (Page 40 of 59)
Source: http://cybercrime.planetindia.net/ch13_2008.htm]Cyber Crime, Cyber Law, Cyber pornography[/url]
Source: http://cybercrime.planetindia.net/ch11_2008.htm]Cyber Crime, Cyber Law, Cyber pornography[/url]
Now, the facts of the Case:
It is pretty much clear from the Wordings mentioned by the Thread Starter, that his Cousin & his friends, have done IP spoofing.
As can be seen from above, IP Spoofing is in the nature of "Impersonation", which is a crime under the IT Act 2008. (Erstwhile provisions - IT Act 2000 did not contain these provisions related to Personation)
The Implications:
1) Imprisonment which may extend to 3 years. AND
2) Fine upto Rs. 1,00,000/-
And as can be seen from provisions of Section 76, the crime is prima-facie established & so, confiscation is not illegal.
My personal note on Confiscation: I am not able to make out as to who has the Power to confiscate. So please consider second opinion on that.
---------- Post added at 03:19 AM ---------- Previous post was at 03:14 AM ----------
Forgot to add the fact that The offence can be compounded u/s 77A of the said Act, since the imprisonment term doesnt exceed 3 years, and assuming that he has not been convicted for a similar offence in the past.
And from Practical point of view, if the Company has taken Rs. 15,000 and is ready to close the matter, then he should just thank his stars that he escaped these provisions.
Your argument can easily be struck down
1. You base your case on wikipedia, which is not a recognised source of vocabulary in the Indian judiciary system.
2. Oxford Dictionary defines impersonation as pretending to be someone else to trick another.
So, from the OP I'd like to know whether MAC add. was spoofed to show someone else's or was it just random.
3. If you're argument on impersonation is to be taken as true then proxies, VPN and even using a pseudo- name or an alias online should be illegal.
4. Read this post along with the one I made on the first page, hire a good cyber lawyer- contact me if you need help with that. I know a few in Delhi.
R
rajm11
I read the first post and I am replying, cutting and jumping anything in between, here is my 2cents or u can say 50 piase1] Mac spoofing is totally legal given u dont get any commercial benefit( to you or company) our of it ( but then u wont do it unless it is to take benefit) 2] THE COMPANY cannot seize anything unless then go throughy proper channel with subpoena and that requires a proof to be shown to magistrate ( THIS DOCUMENT MUST BE READ BY U before the search or confiscation starts) 3] for harsher implication it has top be proved that there was some actvity done which was illegal in frame of India cyber law which will again require a legitimate proof. 4] first thing first No TALKING until u talk to lawyer let alone writing anything:you can deny that u can write:A basic right every where.5] this is tricky, CLEAN UP! hathoda ya fir machis in complicated cases.seriously I want to know details, he spoofed it and then didnt use protection and then when fetching didnt he think its gonna route the original place and then land on his head??? no routing in between ?
pretending to be someone else to trick another.
Yeah so u have to give a wider meaning to the term, when u consider Impersonation in terms of Information Technology.......
I quoted Wiki just for giving the meaning, nothing else. I know they would follow more reputed DICTIONARIES when a situation arises....i have read Legal authors quoting "Black's Law Dictionary" time & again.
And as i have mentioned before too, i do not have much practical knowledge - just on the basis of theoretical stuff, i put this up. So, cant speak much about legality or otherwise, of Pseudo-names, or proxies or VPNs.
Btw, u seem to be from legal field.....
Yeah so u have to give a wider meaning to the term, when u consider Impersonation in terms of Information Technology.......
I quoted Wiki just for giving the meaning, nothing else. I know they would follow more reputed DICTIONARIES when a situation arises....i have read Legal authors quoting "Black's Law Dictionary" time & again.
And as i have mentioned before too, i do not have much practical knowledge - just on the basis of theoretical stuff, i put this up. So, cant speak much about legality or otherwise, of Pseudo-names, or proxies or VPNs.
Btw, u seem to be from legal field.....
beekeys
Regular
ur comments always mature............
I am a sole tech lover in a family of lawyer and judges so its kind of rubbed off on me I guess.
Yeah that happens. U get something of it - atleast it comes out in ur discussions!!
U must be fed up of all the talks about Hearings & Dates & Cases and all that wud be taking place at home.......
Yeah that happens. U get something of it - atleast it comes out in ur discussions!!
U must be fed up of all the talks about Hearings & Dates & Cases and all that wud be taking place at home.......
