Decision in State V. Amit - Gurgaon Data Theft Case
u/s 381 IPC & 72 of Information Technology Act 2000


  1. The above named accused has been sent by S.H.O. of Police Station Gurgaon to stand trial for committing the offence punishable u/s 381 IPC & 72 of Information Technology Act under FIR registered with Police Station, Gurgaon.

  2. Briefly stated, the facts of the case of the prosecution are that on 4.9.2005, complainant Chief Controller Ops Administration of MNC Company submitted a complaint to the SHO P.S. Gurgaon for lodging of FIR for the cyber crime by an employee. It was mentioned in the complaint that the accused, employed as a Team Leader, with their Company had been indulging in an Act of cyber crime, wherein he has been illegally transmitting their data to unauthorized persons. He was caught while transmitting the data from their computer systems and files had been downloaded as a proof of his misconduct. On the basis of that complaint, formal FIR was registered.

  3. On finding a prima facie case, the accused was charge-sheeted u/s 381 IPC & 72 of Information Technology Act vide order dated 12.6.2007. to which the accused did not plead guilty and claimed trial.


India

1. India ranks fifth in reporting cyber crime cases
India ranks fifth among countries reporting the maximum number of cyber crimes, the latest report released by Internet Crime Complaint Centre of the United States has said.

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2. Ahmedabad boy 1st juvenile cyber crime convict
In the first-ever web crime conviction involving a juvenile in Mumbai, a child court held that a 16-year-old student from Ahmedabad who threatened to blow up Andheri railway station in an email message last year, was guilty. The boy said he sent the email for the fun of having his prank flashed as “breaking news’’ on television.

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3. Army says its systems are hack-proof
The Army is geared up for skirmishes in the digitised battlefield as well. The force is quite confident that its information systems are quite "secure'' from hostile strikes in the backdrop of China-based hacker groups increasingly mounting attacks on computer networks across the globe.

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4. Mobile phones being hacked across country, a tough nut to crack
The Cyber Crime Investigation Cell is groping in the dark about the unidentified persons who hacked the mobile phones of four residents and used them to make international calls. The cyber cell officials are reported to have asked for the hacked handsets from the complainants for investigations. The complainants, however, are refraining from handing over their sets and only one of them has deposited his handset.

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5. Man held for sending lewd e-mails to friend
The Mumbai Police Crime Branch on Thursday arrested an assistant manager of a multi-national corporation in Navi Mumbai for allegedly sending lewd e-mails to a woman who had turned down his marriage proposal. As per the police, a 32-year-old woman, who works in an MNC in the city, had filed a complaint against the accused, identified as Yogesha Prabhu.

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USA

1. Man pleads guitly of defrauding Cisco Systems
The president of Data Resource Group, a company based in Salisbury, Mass., pleaded guilty yesterday to defrauding Cisco Systems, Inc. of computer networking equipment and engaging in money laundering by selling the fraudulently-obtained equipment to other hardware resellers, United States Attorney Joseph P. Russoniello announced.

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2. Irmo man arrested for cyber crime
After policing the internet, an Irmo teen finds himself in trouble. Investigators say he committed a cyber crime using the popular social networking site 'Myspace.' Irmo Police Chief Brian Buck says in January, 19-year-old Erron Houston, logged on to the popular social networking site, to humiliate his ex-girlfriend.

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3. Virgina Man held selling counterfeit computer software on Ebay
A Virginia man pleaded guilty today to selling counterfeit computer software on eBay in violation of criminal copyright infringement laws, announced Acting Assistant Attorney General Rita M. Glavin of the Criminal Division and U.S. Attorney Jeffrey A. Taylor for the District of Columbia.

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4. Cybercrime complaints up 33 pct in 2008: FBI
The number of complaints about Internet crime soared by 33 percent last year over the previous year with total dollar losses rising nearly 11 percent, the FBI reported on Monday. The Internet Crime Complaint Center (IC3), a partnership between the Federal Bureau of Investigation and National White Collar Crime Center, said 275,284 complaints of Internet crime were received in 2008, up from 206,884 in 2007.

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5. CyberCrime unit nabs child-porn suspect in Jacksonville
A Jacksonville man was charged Wednesday with promoting the sexual performance of a child through child pornography. Kyle Richard Schlau, 25, was arrested at his home in the 6000 block of Holly Bay Drive by law enforcement officers with the attorney General’s CyberCrime Unit, FBI and Jacksonville Sheriff’s Office.

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Europe

1. Swedish ISPs Stop Retaining User Data in Wake of Piracy Law
Two Swedish Internet service providers have said they will no longer store identifying IP address data on their subscribers, in the wake of a new anti-piracy law that compels them to turn over any such data they have to copyright holders in the face of an infringement complaint, TorrentFreak reported.

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2. European Commission launches cybercrime protection initiative
The European Commission has launched a policy initiative aimed at protecting critical information infrastructures (CII) such as telephone lines, fibre optic cables and computer networks in the financial, business and government sectors from large scale cyber-attacks.

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3. Google Street View does not violate privacy: UK’s ICO
The UK’s Information Commissioner’s Office (ICO) has ruled that Google’s controversial Street View service does not invade individual’s privacy. Google’s Street View service - available as part of its Google Maps product - shows street-level photographs of major UK cities.

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4. EBay wrong to make '25% cheaper' claim, rules watchdog
Online auction site eBay was wrong to claim that it was 25% cheaper than high street shops advertising watchdog the Advertising Standards Authority (ASA) has said. The company's own research did not back that claim, it said.

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5. Police Want New Remote Hard Drive Search Powers
Cyber cops want new laws to allow remote searches of seized hard drives in the hope they will help reduce long digital forensics backlogs - of up to two years for some forces. It would mean specialised officers in London could access data held on hard drives in police evidence rooms nationally.

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Asia-Pacafic

1. Gov't says anti cybercrime bill not intended to violate personal privacy
Wording in the anti cyber-crime bill will be modified as the government agreed with the lawmakers that some of the current provisions could arouse concern over the police abuse of power and individual privacy. The Third Standing Committee continued to exchange opinions regarding the proposed provisions with the officials including from the Legal Affairs Bureau (DSAJ), Judiciary Police (PJ) and the Telecom Regulation Bureau (DSRT) at the Legislative Assembly yesterday.

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2. Pak: FIA initiates crackdown against software piracy
The Federal Investigation Agency (FIA) has initiated a crackdown to curb the growing threat of piracy in the country. On Wednesday, Microsoft Corporation lodged a written complaint in FIA Crime Circle Karachi against Softwise Technology for being allegedly involved in copyright violations of its software products and selling them by pre-installing pirated software copies on machines.

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3. Google Disables Uploads, Comments on YouTube Korea
Google has disabled user uploads and comments on the Korean version of its YouTube video portal in reaction to a new law that requires the real name of a contributor be listed along each contribution they make.

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4. e-banking conference for tackling cyber crime
IT experts, designing products especially for the banking industry, should think one step ahead of cyber criminals. This would greatly help the two industries to minimise cyber crimes, provide foolproof and secure products and win the trust of industry customers in electronic transactions.

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5. Online criminals target children
Organised crime has gone online in an attempt to scam parents who use internet banking on the same computers their children surf the web on, authorities warn. Netsafe executive director Martin Cocker said cyber criminals were cashing in on the popularity of social networking sites, often frequented by children or teens, in order to steal confidential information.

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Intellectual Property Rights

1. Google's sale of trade mark as keyword may be 'use in commerce'
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2. Google and Yahoo! should divert ad payments from content thieves to rights owner
A content-tracking software company wants the internet's biggest advertising networks to siphon money from advertising on copyright-infringing websites and divert it to the material's original owners. No major ad network has signed up yet.

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3. Facebook blocks Pirate Bay torrent links
Facebook has blocked users of the notorious Pirate Bay torrent link site from sharing their links via the social networking site. One technology law expert had warned that the links could pass liability for copyright infringement on to Facebook.

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4. Retailer cites own keyword advertising as evidence of domain name owner's abuse
Clothes shop Oasis has lost its bid to gain control of the domain name oasis.co.uk because any behaviour abusive of its trade marks on the site was the result of its own actions, a dispute resolution panel has ruled.

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5. UK IP minister rules out 'three strikes' disconnection law
The Government minister responsible for intellectual property has ruled out a 'three strikes' law denying internet access to illegal file sharers. David Lammy said cutting off users was not "the right road" for UK law makers.

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Security & Privacy

1. Ex-Beatle's (Sir Paul McCartney) official site serving malware
All you (don’t) need is malware on Paul McCartney’s official web site. According to Mary Landesman at ScanSafe, the official web site of Paul McCartney (paulmccartney.com) has been compromised, and is serving live exploits to its visitors. Landesman points out that the compromise might have occurred through stolen FTP accounting data, taking into consideration the fact that the campaign is also present at several different flat HTML only web sites.

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2. Security maven sics 'special ops' on botnet gangs
Sometimes fighting botnets, spam, and other online crime is like raking leaves on a windy day. Bag one operation and almost overnight there are a half-dozen more that take its place. It's a story that's all too familiar to Joe Stewart, director with SecureWorks' Counter Threat unit. Now, he's proposing members of the security industry borrow a new page.

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3. Conficker Launches Money-Making Scam
A new variant of the Conficker/Downadup worm has been found that seeks to con Windows PC users into providing credit-card info for a fake $49.99 antivirus program called Spyware Protect 2009. Richard Wang of Sophos said Conficker is spreading and urged users to secure PCs against all threats, not just Conficker.

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4. Google using IP addresses to localise search
Google will use a web user's location in its calculation of the best search results to publish, the company said. It will use a computer's internet protocol (IP) address to whittle down results.

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5. British Council rapped over loss of sensitive data of 2,000 staff
Privacy Regulator the Information Commissioner's Office (ICO) has censured the British Council for losing the personal data of 2,000 staff. The ICO has made the Council sign a formal undertaking in which it promises to improve its data handling.

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