BEWARE OF VOYEURISM : THE LAWYER SPEAKS

http://www.cybervictims.edu.tf/

 I am doing a survey on my friends on their cyber awareness. The survey has not yet completed but I got to see many of them came across pornographic sites accidentally or intentionally ...............well, our Indian law speaks nothing about viewing pornographic sites AT YOUR OWN WISHES; but many countries including the US feel that it is a RIGHT to check some pornographic images in your own PC if you are an adult and if you are not distributing it or harming anyone. 

But imagine if you get to see your own images in some pornographic sites ? The face of the nude "model" who is taking bath under a shower or the one who is changing her lingerie and that apparently looks like a "change room" in a garment shop; or of a sexy bikini suited "model" whose  private parts are *accidentally* showing ; or even a sleeping beauty whose breasts are showing ...................does it looks like  you? YES IT COULD BE YOU when you are photographed by a spy cam and the pictures are uploaded in pornographic sites. The technology has made it possible to watch any beautiful thing to view in its ugliest , abused form .......You just can't help it.. 

But wait.. now the law is with you. You may not feel like visiting the lawyer or the police  immediately after getting to see these "not so funny" staffs ,but you better know your rights. The amended Indian informations technology Act ( 2008) in section 66E do speak about not only securing your privacy in the internet , but also prevention of voyeurism .The Indian penal Code was a silent guard of the Indian cyber space, as many of its provisions were being stretched to cover these sorts of offences which were very new to Indian cyber space users.But now voyeurism which includes  capturing images of  private parts of individuals and distributing them in the cyber space, has got a legal tag as a  criminal offence.

Voila .... Indian laws are now at par with other domestic cyber laws to protect such attrocious works in the internet . But in reality this particular provision may need more nurturing to serve the victims.Many government  reporting agencies do feel that these new laws are half baked. This is true to a certian extent. A law should not be created just to tag an action as an ofence , but to balm the victim's pain and teach the wrong doer with strict punishment. .

The lawyer says: Cyber bullying Part-3

http://www.cybervictims.edu.tf/

When you get “bullied”, the first reaction of yours would most likely be to attack the bully more aggressively. But are you really doing justice? Remember what Munna bhai did in Lage raho Munna bhai? When Lucky send his men to “teach Munna a lesson, he patiently took one slap and offered the man to slap on his left cheek, thinking he would not hit him anymore…… but the guard did it again… and this time Munna gave him a good punch. And what did Bapu tell him? It is very tough to control yourself from being aggressive at these times.

Same thing happens in the net also. As I have pointed out in the earlier posts, it starts with a simple remark (may be a little pinching) and the bullied and the bully make up a castle of not so funny words. The situation turns so sour that the victim may even start thinking of lodging a police complaint. But does this really make an offence? .Can cyber bullying be regulated by Indian laws? Infact cyber bullying was not recognized as an offence at all till the beginning of millennium. It was considered as an internet behavioral fault, just the way many schools treat in-house bullying of students as a behavioral fault. The US first recognized the severity of the problem and enacted anti cyber bullying law in the name of Megan Meir, a teenager victim of cyber bullying. Now several US parliamentarians are debating for enacting anti cyber bullying law for adults as well , even though the attempt is getting pretty “cold response”. The existing Indian Information technology Act 2000 never really thought of regulating such cyber atrocities. Neither the Indian Penal Code had some specific provision for preventing bullying words. Infact, no one can still adjust with the idea that bullying is no more a childish activity. Adults are also equally bullying and the difference between children bullying each other and adults’ playing the same game lies in the degree of maturity. Children bully for fun, for taking childish revenge and they may even become friends after severe bullying episode, if some adult or peer intervenes and counsels them. Adults know the gravity of the words; bullying vocabulary can be enriched by filthy, obscene words, obnoxious cartoons and even teasing remarks accompanied by violent pornographic images. More so, if and when they are displayed in any website, social networking forums or even walls of the individual’s profiles, the bullying behavior attracts defamation of the victim in front of the wide audience. In such a case, the offence can be booked under provisions of the Indian Penal Code, for defamation, criminal intimidation, annoyance etc along with the exiting provisions on breach of privacy in the Information technology Act. However, the new amendments in the IT Act , 2008 address the problem in a more focused way. Once the new amended Act comes in to existence, cyber bullying (by children as well as adults) can be prevented in a better way than how it is being dealt with now. Hence Bullies be careful…. Mind your language in the internet; it can put you in legal net.

WHAT IS CYBER BULLYING

http://www.cybervictims.edu.tf/

No no, I am not going into typical definitions created by stalwarts. Rather I would like my readers to understand in a very simple manner…….. This is actually filthy verbal fights by a single individual or groups of individuals, targeting one or many, which is expressed in a written manner and posted either by emails, blogs or in the message boards , personal scrap books or even in the community walls. But remember, to get framed as “cyber bullying” , the online “fights” must be showing individual’s names, name callings and they must be with such *impact* that the targeted person feels irritated, embarrassed ,ashamed of himself and even traumatized. The bully some times even uses “smilies” showing teasing faces, grumpy faces or even angry faces to decorate his “speech”. Contrary to the old ideas , cyber bullying is done to the adult as well as young victims as well. Readers must be remembering the famous Bombay Scottish school kids who used internet perfectly to let teachers know that they are no more traditional docile students who would take strict disciplines like their fathers and forefathers. This was the shocking example of how kids use the technology to express their hidden anger. This happened couple of years back and now this has become a very common phenomena to use the emails, social sites and blogs to bully people. Using of harsh, teasing words , mocking at people and even inviting others to comment on one’s own ideas about the victim are all component parts of bully. As a researcher, I found most of the online bullying behavior starts with some sorts of discussions with heated debates. Then the angered person starts bombarding the victim with abusive words. If these people do not know each other “so well” but are just “group mates”, the bullying becomes confined only within the community wall and personal message board. How ever, in exceptional cases, the angered person has also taken the extreme step to humiliate his victim by mailing him personally with bullying words or even opening a separate blog to bully him in front of wider audience. Hugh……..man, you must know, by the time you are three or “posts” old, like minded people do not only hate your target, but even you are being projected as a hate monger. Many watch these online fights with great amusement. Those with mischievous plans, even start planning for bigger crimes like blackmailing the victim with informations that are being constantly published in the internet. I know an incidence where the bully first took part in discussions as to how to carry on social services by individuals (the “target” gave a little amount from her pocket money to a young boy who was an ailing patient of genetic disorders but wanted to carry on his studies), and finally decided to take the case as high as to the level of disproportionate wealth cases. Several people were supporting the HUMAN BEING who wanted to help the child ; some were of the opinion that such helps must be done through proper organizations. Ultimately it turned out to be an ugly verbal (written) exchange of words.

Isn’t it “funny” watching adults fighting like kids? While children are constantly told to not to use internet for fighting purpose, who will tie the bell to the grown ups?

MIND YOUR LANGUAGE, IT IS A VIRTUAL PLATFORM: CYBER BULLYING : PART-I

http://www.cybervictims.edu.tf/

Four years back, when I was newly handling the internet, I came across some strange incidents. I had newly joined a famous social networking site to find more friends. I was offered couple of “groups” to join and increase my virtual interactions on different interesting subjects by the social networking website. I did and as any other human being would do, I started my own discussion thread within a couple of days. After a day or two, I got tied up with many other interesting and obvious issues and I forgot about the virtual world. after a couple of days, I found the computer chair empty, the internet on and the baby sleeping ……..it was right time for peeping into the virtual world , I thought. To my surprise , when I opened my social networking profile , I found a surprise visitor who had asked me to have a look at the disaster I have created….. Disaster? and me ? and in the internet? I felt goose bump in my stomach. What could have been the issue that this visitor calls it a disaster? I clicked on the thread I had “dared” to create and I was nervous now. It was on bilateral relations and cultural exchange of two neighboring countries and after 50 “posts”, it has not remained “exchange between two countries” , but exchange between few individuals who were having virtual war indicating each other’s knowledge , love for the country and off course… taste for girls ( why should girls be included in such topics? After 3 years.. I am still searching for the god reason though), and whoah….what a language they are using….. each word seems to pierce the heart and hit the brain of the reader , automatically making the viewer to react in the words……”yuck…. Stop…….hey come on, enough…….o my god.. so many people are watching”. I am sure, those who ( who were not fighting and simply watching) were reading the words, got blood rushing to their cheeks out of embarrassment I hid my face in my palms, even though I know no one of those warriors can see me practically and I started trembling inside. Finally I gathered enough courage to touch the key boards and type to the fighting knights requesting them to stop. Some instantly reacted and some didn’t . But by that time some warriors understood ( thanks to the humanness) and they requested the thread should be declared “as no posts any more”. The war died down, but it gave a good lesson to me …. Mind your language when you are in the net.

Since then, I have taken part in umpteen numbers of virtual discussions and have also come across many such virtual wars, but fortunately I was never a target. I really sympathize with those who have been targeted by these virtual debators who make language as the ultimate weapon to mutilate individuals. .

Phishing: The lawyer says

http://www.cybervictims.edu.tf/

Once you receive such alluring mails which tells you will get loads of money without any legal hassles etc……………… do not be carried away. THIS IS ILLEGAL AND FRAUDULENT ACTIVITY .Yes yes.. I know when the person turns up physically and shows his passport and other legal documents then you are again made to believe “what’s wrong?”.. But it is not right either. The man in front of you, who claims to be the sender of the mail or the representative of the sender, could actually be a racketeer of economic offences waiting to trap innocent, “greedy” individuals like you. But remember, his passport can be a fake passport and even the *registered papers * that he waves in front of you can also be dubious. Once you start giving your personal financial informations, he notes every minute detail and then either he would tell you to give him some money to clear the registration charges or the customs charges of the airport. But beware……. The Indian Penal Code strictly forbids anyone to play fraud with financial informations of individuals. Similarly the amended version of the Information technology act 2008 also touches upon the points of financial frauds in various sections while dealing with identity theft, cheating by impersonation etc. The fraudulent person is subjected to financial penalties as well as imprisonment.

Hence , do remember , those who are trying to play fraudulent games with innocent individual’s beliefs, can not escape from the clutches of law once caught; and those who feel this is the best way to gain money in a “super fast” way… hold on your monetary appetite. This could be a super fast way to loose all your hard earned savings as well.

PHISHING-PART II

http://www.cybervictims.edu.tf/

A typical Phishing Mail would look like as below:
“I sincerely ask for forgiveness for I know this may seem like a complete intrusion to your privacy but right about now this is my option of communication. This mail might come to you as a surprise and the temptation to ignore it as unserious could come into your mind; but please consider it a divine wish and accept it with a deep sense of humility.

I am aware that this is certainly an unconventional approach to starting a relationship.
I am the personal account officer to the great late diseased who has an account in one of our banks here in Burkina Faso . The account was opened in 2001 and he died in 2004 without a written or oral WILL and since 2004 nobody has operated on this account again hence the money is floating and if I do not remit this money out urgently it will be forfeited for nothing and Government of Burkina Faso will confiscate the funds for their personal use which I personally don't want such incident to happen being that this is a great opportunity for me.

My contact is for you to please assist me to transfer the fund ($10.6000.00 USD) Ten Million Six Hundred Thousand United State Dollars from a Cooperate Bank here in Burkina Faso to an overseas account. First, I must solicit your strictest confidence in this transaction. This is by virtue of its nature as being utterly confidential. I am sure and have confidence of your ability and reliability to prosecute a transaction of this great magnitude. I solicit your assistance to enable us transfer the said amount into your safe account for onward investment.

You can either provide us with an existing account or to set up a new Bank account immediately to receive this money, even an empty a/c can serve to receive this money, as long as you will remain honest to me till the end of this important business trusting in you and believing that you will never let me down either now or in future because this business is my life. The owner of this account is a foreigner and no other person knows about this account or anything concerning it, the account has no other beneficiary and until his death he was the manager of the company. My investigation through the National immigration department & Ministries here proved to me as well that he was single as at the time of his entry into the Republic of Burkina Faso . As a matter of fact, I have decided to transfer this fund abroad for investment and also to use my own share of the fund to take my wife to abroad for liver damage treatment. Your assistance as a foreigner is necessary because the management of the bank will welcome any foreigner who has correct information to this account which I will give to you immediately, if you are interested to do this business with me. There is no risk in this business. With my position here in the bank the money can be transferred to any account you can provide with assurance that this money will be intact pending our physical arrival in your country for sharing. Upon successful transfer without any disappointment from your side, I am only contacting you as a foreigner because this money cannot be approved to a local person here, but can only be approved to any foreigner who has the correct information of the account, which I will provide for you. So you should provide me with your correct account details where you will like the fund to be transferred to, or you can set up a new account for the transfer even an empty account is ok. At the conclusion of the transfer you will take 40%, 10% will be for any expenses both parties incurred in the process of this business and the remaining 50% will be for me. As soon as I hear from you and upon your strong assurance that you will not let me down once the fund goes into your account I will then send you the Text of application form which you will fill with your banking information and send to my bank here for immediate transfer of the fund to your account. If you are interested, please forward the following information as below:

{1} Your Name/company's name and full address,
{2} Bank Name:............
{3} Bank Address...
{4} Account No:.........
{5} Swift Code...{if any}
{6} Account Holder's Name: ..........
{7} your telephone Num. both Home, Office & Cell/Mobile and fax
Numbers...
{8} Your Occupation
{9} Your Valid ID
Waiting for your urgent reply”

Well, this was a mail (infact one of hundreds of mails I receive every day) I got just day before yesterday. Isn’t the informations provided inside the mail ,enough to tempt any ordinary individual? When I opened my first gmail account some three years back, I felt I got a fortune when I received a mail stating I have won a lottery. No no, I didn’t put my name in any such easy money making game. The sender told me it was a randomly searched name and I was the lucky one. I was about to send my informations when suddenly my instincts told me some thing is wrong. I consulted with my banker sister, my criminologist husband and couple of my police friends. Almost all of our net experiences were similar and I decided to resist my temptation. The incidence motivated my sister to inquire and tell me it was a kind of fraud that helps the mischief monger to access the victim’s financial accounts. My husband who was already researching on these incidences immediately went for a deeper research with me as a “case study” and told me this was nothing but another type of cyber crime which India is not very familiar with.

PHISHING: PART-I

http://www.cybervictims.edu.tf/

How many of you readers love spending your leisure time by catching fish in serene atmosphere ? I am sure , most of you cherish the dream of such beautiful holidaying in your ancestral homes /villages with lots of water around. Well, I do... And what do we do then? Just sit quietly on the bank of the river/ pond with the fishing rod, thinking all sorts of thoughts and suddenly the pull in the string…….. yeeeeeee you got the game of the day.

But then imagine when you are the FISH who just gulped the trap … yup………... this happens often in the cyber space. I dedicate this blog to those who have become victims of such crimes which is called “PHISHING”. What is “Phishing? When for the first time my English Professor mother came across this spelling, she was very surprised. She asked me straight away…….... is this the way you write English? Well, I am not born as an “English speaking individual”, but I have learnt it along with couple of other languages and I know “Phishing” is a word which will make every educated individual of my mother’s age, stare blankly at me and ask the same question. Yes, Phishing is a newly coined word which was born in the 1996 ( ref: Stroik& Huang(2008), Nature & Distribution of Phishing, published in Crimes of the Internet ( edited by Schmalleger & Pittaro, Prentice Hall publication) for the cyber generation . The word actually means “…criminals’ creation and use of emails and websites –designed to look like emails and websites of well known legitimate business , financial institutions…in order to deceive the internet users in order to disclose their bank and financial account information or their personal data such as usernames and passwords…”( the information was provided by US department of justice, (USDOJ 2004). But then, I am wrong in saying *only* “older generation”. Many of our generation also do not know how they are being “fish out of pond”. Well, I do not blame men and women who are oblivion of this fact. This is a hard truth that some brilliant tricksters have taken to internet to gain money in this easiest possible way by duping innocent people. The more shocking news is, many believe these sorts of mails as genuine and give in.