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Sharique M. Rizvi
Application for a surveillance order must include:
1. A full and complete statement of the alleged offense
2. A listing of the facilities from which the communications are to be intercepted
3. A specific description of the communications sought to be intercepted
4. The identity of the persons committing the offense (if known) and of the persons whose communications are to be intercepted
Monday, March 7, 2011
Sunday, March 6, 2011
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Electronic Fund Transfer
Sharique M. Rizvi
If you decide to use EFT, keep these tips in mind:
1. Take care of your ATM or debit card. Know where it is at all times; if you lose it, report it as soon as possible.
2. Choose a PIN for your ATM or debit card that's different from your address, telephone number, Social Security number, or birthdate. This will make it more difficult for a thief to use your card.
3. Keep and compare your receipts for all types of EFT transactions with your periodic statements. That way, you can find errors or unauthorized transfers and report them.
4. Make sure you know and trust a merchant before you share any bank account information or pre-authorize debits to your account. Be aware that some merchants use electronic processing of your check if you sign a receipt authorizing the transaction.
Electronic Fund Transfer
Sharique M. Rizvi
If you decide to use EFT, keep these tips in mind:
1. Take care of your ATM or debit card. Know where it is at all times; if you lose it, report it as soon as possible.
2. Choose a PIN for your ATM or debit card that's different from your address, telephone number, Social Security number, or birthdate. This will make it more difficult for a thief to use your card.
3. Keep and compare your receipts for all types of EFT transactions with your periodic statements. That way, you can find errors or unauthorized transfers and report them.
4. Make sure you know and trust a merchant before you share any bank account information or pre-authorize debits to your account. Be aware that some merchants use electronic processing of your check if you sign a receipt authorizing the transaction.
Saturday, March 5, 2011
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Cyber Law & Information Security
Sharique M. Rizvi
During the past decade, the growth in the use of the Internet and the (cyber) space it has created, has developed from science fiction into a socially constructed reality. Cyberspace possesses some unique qualities, which create a series of challenges for our existing laws. These qualities are: its lack of respect for jurisdictional boundaries, the sheer volume of traffic that it can handle virtually instantaneously, its openness to participation, the potential for anonymity of members of the virtual community, its apparent economic efficiency. It is these very qualities of cyberspace, which has today become its nemesis and has necessitated the need for cyber law.
Cyber law exists at the (cutting) edge of law, where the ability of existing law to achieve its goals is challenged. In this sense the "law" in Cyber law is a much broader concept, it is "law in action" as opposed to "law in books" as it applies to situations where Law cannot cope. Moreover, the technological revolution has wrought in its wake various security issues and there was an urgent need for security experts as well.
Cyber Law & Information Security
Sharique M. Rizvi
During the past decade, the growth in the use of the Internet and the (cyber) space it has created, has developed from science fiction into a socially constructed reality. Cyberspace possesses some unique qualities, which create a series of challenges for our existing laws. These qualities are: its lack of respect for jurisdictional boundaries, the sheer volume of traffic that it can handle virtually instantaneously, its openness to participation, the potential for anonymity of members of the virtual community, its apparent economic efficiency. It is these very qualities of cyberspace, which has today become its nemesis and has necessitated the need for cyber law.
Cyber law exists at the (cutting) edge of law, where the ability of existing law to achieve its goals is challenged. In this sense the "law" in Cyber law is a much broader concept, it is "law in action" as opposed to "law in books" as it applies to situations where Law cannot cope. Moreover, the technological revolution has wrought in its wake various security issues and there was an urgent need for security experts as well.
Friday, March 4, 2011
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Data Theft
Sharique M. Rizvi
Data is a vital and at the same time it acts as a tool for accomplishment of various interests depending upon the need of the organization.Data is a vital and at the same time it acts as a tool for accomplishment of various interests depending upon the need of the organization. It is a rising problem principally perpetrated by office employees with access to technology such as computers, and hand-held devices capable of storing digital information. Generally this is a apparent breach of their terms of employment; the damage caused by data theft can be significant with today's ability to transmit very large files via e-mail, web pages that could contribute to the downfall of a business. In Indian legal system there is no Indian data security law. IT Act defines the term “Data” as means of representation of information, or instructions which are being prepared and is intended to be processed in a computer system, computer network and stored internally in the memory. Communication over network opens a bigger threat to the data may results in destruction, disruption or disclosure of confidential information which can adversely affect the daily business of an organization and in loss of reputation.
Data Theft
Sharique M. Rizvi
Data is a vital and at the same time it acts as a tool for accomplishment of various interests depending upon the need of the organization.Data is a vital and at the same time it acts as a tool for accomplishment of various interests depending upon the need of the organization. It is a rising problem principally perpetrated by office employees with access to technology such as computers, and hand-held devices capable of storing digital information. Generally this is a apparent breach of their terms of employment; the damage caused by data theft can be significant with today's ability to transmit very large files via e-mail, web pages that could contribute to the downfall of a business. In Indian legal system there is no Indian data security law. IT Act defines the term “Data” as means of representation of information, or instructions which are being prepared and is intended to be processed in a computer system, computer network and stored internally in the memory. Communication over network opens a bigger threat to the data may results in destruction, disruption or disclosure of confidential information which can adversely affect the daily business of an organization and in loss of reputation.
Thursday, March 3, 2011
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CYBER FORENSICS AND CHALLENGES FOR LAW ENFORCEMENT
Cyber forensics is a branch of forensics relating to computer based evidences, their storage, collection and admissibility. It is also known as digital forensics. The reasons for employing cyber forensics techniques are manifold. Firstly, analysis of computer systems belonging to accused; secondly, recovery of data in event of hardware/software failure; thirdly, to gather evidences against the employee or any person the organisation wish to terminate.
Sharique M. Rizvi
CYBER FORENSICS AND CHALLENGES FOR LAW ENFORCEMENT
Cyber forensics is a branch of forensics relating to computer based evidences, their storage, collection and admissibility. It is also known as digital forensics. The reasons for employing cyber forensics techniques are manifold. Firstly, analysis of computer systems belonging to accused; secondly, recovery of data in event of hardware/software failure; thirdly, to gather evidences against the employee or any person the organisation wish to terminate.
Sharique M. Rizvi
Wednesday, March 2, 2011
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http://cyberlawyers.co.in
Information and Technology Act, 2000 was enacted to cater to the growing demand of legislation in cyber space. For the first time it introduced the concept of ‘digital gnatures’, ‘encryption’, ‘electronic evidences’ etc. These terms were foreign to the then law of evidence. No provision was there to adduce them as evidences in courts of law. Inevitably, certain changes were made in the Indian Evidence Act, 1872 to make it more contemporary and in tune with the changing times. The Indian Evidence Act, 1872 and Information Technology Act, 2000 grants legal recognition to electronic records and evidence submitted in form of electronic records. According to section 2(t) of
the Information Technology Act, 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The Information Technology Amendment Act, 2008 has recognized various forms of communication devices and defines a “communication device” under section 2 (ha) of the Act “communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.
http://cyberlawyers.co.in
Information and Technology Act, 2000 was enacted to cater to the growing demand of legislation in cyber space. For the first time it introduced the concept of ‘digital gnatures’, ‘encryption’, ‘electronic evidences’ etc. These terms were foreign to the then law of evidence. No provision was there to adduce them as evidences in courts of law. Inevitably, certain changes were made in the Indian Evidence Act, 1872 to make it more contemporary and in tune with the changing times. The Indian Evidence Act, 1872 and Information Technology Act, 2000 grants legal recognition to electronic records and evidence submitted in form of electronic records. According to section 2(t) of
the Information Technology Act, 2000 “electronic record” means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. The Information Technology Amendment Act, 2008 has recognized various forms of communication devices and defines a “communication device” under section 2 (ha) of the Act “communication device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.
Sharique M. Rizvi & Mohd. Hasan Zaidi
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When we talk of the word ‘cyber’, it automatically takes us to the thought of internet, technology and virtual world. For a lawyer or a technician it brings within its nuances various other things as well. They include computer, networks, data storage, software, cell phones, ATMs, other peripherals. In a nut shell they include anything and everything which has its roots in technology or is somewhere related to the generic term ‘computer’ and its offshoots. All these things are collectively and generically called ‘cyber space’.
The criminals are using these high end technologies to commit such crimes which are beyond the reach and understanding of a layman. A person unskilled in this art cannot fancy tracing the roots of the crime. In recent years it has given us a new term called cyber crime. It a crime in which computer (cyber, in general) is either used a tool or a target.
When we talk of the word ‘cyber’, it automatically takes us to the thought of internet, technology and virtual world. For a lawyer or a technician it brings within its nuances various other things as well. They include computer, networks, data storage, software, cell phones, ATMs, other peripherals. In a nut shell they include anything and everything which has its roots in technology or is somewhere related to the generic term ‘computer’ and its offshoots. All these things are collectively and generically called ‘cyber space’.
The criminals are using these high end technologies to commit such crimes which are beyond the reach and understanding of a layman. A person unskilled in this art cannot fancy tracing the roots of the crime. In recent years it has given us a new term called cyber crime. It a crime in which computer (cyber, in general) is either used a tool or a target.
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