Monday, February 2, 2015

Free Guidance for Online Fraud Victims - A need of Hour

Cyber Awareness Organisation is spreading awareness about various events in cyber space and also providing advisory services for cyber fraud victims through its CYBER CRIME HELPLINE 09225109900.

Nowadays with spread of internet and mobile telephony, e-commerce has attracted attention of many and it includes cyber criminals also. The growth of online shopping/online money transfer activities is welcome and the benefit of customers is of immense value. But a few are witnessing some acts of bad elements like non-receipt of goods or receipt of goods with changed specification or of inferior quality etc.

In this situation the customer is left with no option than to blame himself as citing jurisdiction issues police don’t register FIR not customer is aware about legal remedy available . And hence to educate consumers about their rights while making Online shopping is a need of hour now!!!!!!

To provide free advice to such customers CYBER AWARENESS ORGANISATION appeals them to visit its office at, Lakshmikeshav Apartments, Soniline, Opp. Patwardhan High school, Sitabuldi Nagpur-440012, with all necessary documents between 4-6 pm. The complainant can also mail info@cyberorgindia.com with all details.    

Sunday, January 25, 2015

Police Investigations and Cyber Crime

Today there were two news reports related to cyber crime in local news paper.

One related to success of Police in nabbing cyber criminals involved in Fake phone calls for compromise of ATM password and other details and thereafter making huge purchases from various online portals and used same online route to dispose the used goods!!!!

Other related to filing the FIR in similar job scam.But this story in reality is somewhat different where Police in Nagpur almost took more than a month to file this FIR.

In first case Police needs to be congratulated for their splendid efforts and hard work in connecting the dots!!

But in second matter citing Jurisdiction issue is not at all understandable!When I T Act provides for Global Jurisdiction why police make these petty issue of local jurisdiction?Don't they understand that by such their act they are indirectly helping the criminals by not registering the matters?They are also wasting valuable time of investigation.Cyber Criminals could be nabbed if police act swiftly and here our police are wasting much time in deciding the jurisdiction issue.By these tactics Police may be successful in discouraging the complainant about the thought of Filing FIR and seeking Justice but on the contrary they have helped criminals by letting them a easy escape!!!!!!

Do we need such attitude of police in matters of CYBER CRIMES?????

Hon.Chief Minister Maharashtra has ordered for set up of three new CYBER POLICE STATIONS in Mumbai.But what about Second capital and other cities?Don't they witness cyber crimes or whatever they lose is not of significance????Or by the cyber crimes reported by Police it is only Mumbai which is witnessing Cyber Crimes and in rest of the state ALL IS WELL????

The other worrying aspect is Online portals like QUIKR and OLS are used by criminals to buy as well as sell the goods.So are we to understand that ONLINE PORTALS ARE SAFE HEAVENS FOR CYBER CRIMINALS?????

In fact I regularly advice the complainants of missing Mobile phones to visit various online resale portals for finding their lost/stolen mobile phones.

And if these portals are used for such fraudulent activities should they be governed by some rules are not????

The scenario is getting worse day by day by addition new online users.


I  can only say that GOD ONLY CAN SAVE DIGITAL ILLITERATES!!!!!

Friday, November 14, 2014

It’s confirmed!!!! Social Media is additive for Communal Tension!!!!!

State Intelligence Department of Maharashtra has confirmed through its findings that Social Media is playing very significant role in creating communal tension. Be it inciting communal tensions or creating hatred between political or social groups role of social media is most momentous .Rather social media is used for adding fuel to trivial issues which can flare up instantaneously.
According to reports in last 10 months 482 cases were registered in state due to derogatory remarks posted on social media. I presume that these cases must be registered only in context with the original creator of the post and those persons who subsequently commented on the original posting in more derogatory or offending manner or those persons who liked and shared such derogatory postings more vociferously would have been spared. Even there would have been more derogatory contents on such liking and sharing and tagging.
Another interesting statistics published is as below. 125 cases were registered for hurting Hindu religious sentiments against which 182 reactions occurred in State which led to reporting 271 cases. 37 cases were registered for hurting Buddhist religious sentiments against which 290 reactions occurred in State which led to reporting 96 cases. 76 cases were registered for hurting Muslim religious sentiments against which 38 reactions occurred in State.
This statistics makes role of social media evident in escalating the crimes and use of social media as additive for acceleration of overall crimes. This must be the first ever incident where any of the existing Government agencies have shown courage to openly expose the nexus between Social Media and growth in crimes though in specific domain of Communal hatred crimes.
As an old saying “WELL BEGUN IS HALF DONE” I congratulate SID for publication of such report. The report further acknowledged that delay in apprehending of culprits has created resentment about police machinery.
Here I would like to make few suggestions.
1)      There should be proper understanding in Police machinery about destructive capability of Social Media and this is possible only through trainings by the Cyber Security Specialists.
2)      There should be proper understanding about the available legal provisions for such mishappening in Cyberspace and procedural knowledge about How to stop such social media postings, How to block websites or Defamatory contents etc. must be provided to police personnel.
3)      There should be effective mechanism for monitoring social media through extended arms like professionals actively working in similar domain, Go’s and other information sources.
4)      There should be Cyber Awareness Campaign amongst netizens about Myths and Facts of Social Media and Do’s and don’t on Social Media or online behavior in general.

I, on behalf of CYBER AWARENESS ORGANISATION, extend my support and active participation in any such programs organized by any organization.

Thursday, November 13, 2014

MOCKERY OF JUSTICE IN INDIA (In reference to Cyber Litigation's)

In the beginning I would like to apologies those, who were felt offended by the title of this blog.As an extended arm of Justice i.e. being an Advocate myself , I am also a part of this Indian Judicial System which is making Mockery of Justice for those who are availing justice in matters of Cyber Litigation.

Very few people and very few lawyers are aware about the remedial measures in case of Civil matters related to Cyber Crimes.Where the civil dispute in cyberspace is between two individuals or body corporate and individuals there is Civil Remedy under Information Technology Act.

Under Information Technology Act Section 46 Government is empowered to appoint Adjudicator and Under section 48 Government is empowered to appoint Cyber Appellate Tribunal and chairperson to CAT.

If any person is aggrieved by decision of Adjudicator he can move to Cyber Appellate Tribunal for appeal.

The real mockery of Cyber Litigation starts now.

In most of the states in India office of Adjudicator is almost non-existent or non-performing. The reason behind the same is either the person who is supposed to be Adjudicator is not aware about his duties or the office staff of the said supposed to be Adjudicator is not aware about the procedure of the office of Adjudicator and above all most of the cyber crime victims/ lawyers /police officers are not aware about this CIVIL REDRESS MECHANISM.

Recently I mailed to most of the I T Secretaries in India to ascertain whether they have received any complaints for Adjudication and was shocked to discover that Most of the I T Secretaries offices responded that matter is to be filed with Police and I T Secretary has no role to play in Cyber Crimes adjudication.

Do you consider this as a Mockery? I certainly do!!!!!!!

The story does not end here. Few adjudicators(which can be counted on fingers) in India who are deciding the matters,have not set up any formal procedure for the Adjudication.No specific dates of month are reserved for the hearings nor there is any limitation within which parties are supposed to reply or police are supposed to submit there investigation report etc.Though as per provisions of 4k Adjudicator is supposed to hear application within 4 months and dispose within 6 months.

 Do you consider this as a Mockery? I certainly do!!!!!!!

To top all the mockeries The Cyber Appellate Tribunal is without any Chairperson since last 3-4 years.Matters filed before CAT since 7 October 2010 have never came up for hearing since there is no Chairperson appointed to CAT.

Till date 1 matter of 2009,2 matters of 2010,6 matters of 2011,4 matters of 2012 ,10 matters of 2013 and 8 matters of 2014 have never moved a step further after their filing.

We very proudly say that JUSTICE DELAYED IS JUSTICE DENIED and our directive principles also emphasis for Speedier Justice to all and look the situation in Cyber Crime Civil Justice Mechanism.Here neither of the above are applicable and which in my view is Really Mockery of Cyber Litigation.

Recently even Government of India has given undertaking before Hon.High court that CAT chairperson will be appointed soon as all the procedural formalities are completed but the day is yet far away!!!!!

The growth in cyber crimes is amazing and the very message send to criminals by our Judicial system that we are not performing is adding Cherry on the top!!!!!!!


The only intent is to create some serious thought process churning and do whatever we can to prevent this Mockery!!!!!! 

Saturday, November 8, 2014

Mumbai High Court's decision boost to CYBER AWARENESS ORGANISATION’S mission and vision.

Cyber Crimes are significantly reported by all newspapers. It might be lottery fraud or withdrawal of money even if Credit / Debit card is with the card owner or sending abusive message or creating fake profile or data theft etc. It’s really alarming the way Cyber crimes are growing and people are losing their hard earned money or reputation.

But unfortunately when victims try to report the matter to police or concerned Bank, the way he is treated and questioned about his illiteracy of the subject matter and make him feel that instead of complainant he is in fact criminal himself, the victim gives up. Cyber Awareness Organisation has raised this issue of apathy of LEA’s towards victims of Cyber Frauds many times.

In a significant verdict recently delivered by Mumbai High court, court has directed all mobile service providers to issue messages cautioning citizens against falling for such fraudulent messages and emails. The court also directed the Maharashtra government to create awareness, including by putting out advertisements, "asking citizens to be cautious of such messages and emails". This is major boost to CYBER AWARENESS ORGANISATION’S mission and vision of creating cyber awareness, which it was spearheading single handedly till date.

Among its public welfare directions was one for banks too; banks have been asked to ensure that Know Your Customer guidelines are followed by the Court."It is common knowledge that such messages and emails are received by a number of people," said a division bench of Justices V M Kanade and Anuja Prabhudessai. 

The court was hearing a plea by Nashik farmer Namdeo Warade, 47, for an order for the Central Bureau of Investigation (CBI) to probe how he was cheated of Rs 29 lakh. On September 15, 2010, Warade received a message on his phone saying he had won $5 lakh at a purported Coca-Cola competition held in London and asked to contact an email address. 

CAO feels that its collective responsibility of all the stake holders in fighting such cyber criminals and making netizens well prepared to protect their money/information/data/reputation /intellectual property etc.

As cyberspace user’s we are the one who should take a first leap by learning about How to use cyberspace securely. We must learn about security guidelines while carrying out online activities, chatting with the unknown people, carrying out baking/shopping transactions, uploading or sharing photographs/information etc. We should also learn about how to protect our sensitive personal information and how to protect data residing in our gadgets.

Similar responsibility lies on Banks, Telecom Service Providers, Corporate, NGO’s and other institutes which are devoted / mandated under CSR to take up certain noble cause which could be of creating CYBER AWARENESS. They can achieve this by organizing Cyber Awareness Quiz, Poster competition, Guest Lectures, Debates, Display Cyber awareness hoardings etc.

Cyber Awareness Organisation is relentlessly working for creating awareness about CYBERSPACE/SOCIAL MEDIA/EXCESSIVE DEPENDANCE ON FREEWARES AND MOBILES ETC. For this purpose CAO has initiated CYBER CRIME HELPLINE with help of Big-V Telecom (P) Ltd. The victims may dial 09225109900 and register their complaints which will be taken up by CAO.


Monday, October 20, 2014

Some thoughts on Online Shopping

Many online shopping portals have made their online presence recently .The recent trend suggests that this phenomenon is going to stay for long for various inherent advantages available for consumers. Let’s see what those advantages are.

1)    People can identify the products sitting comfortably in cozy and homely atmosphere of their home or office and all family members can enjoy shopping.
2)    They can compare various features of the products at one location and without interference of anyone, who can influence their selection.
3)    They can clarify their doubts and fully satisfy themselves prior to finalizing the products.
4)    They can see all available colors/designs and make final selection.
5)    They can see various ratings like customer satisfaction, delivery time etc. about the intended purchasing and then finalize the same.
6)    They can even see the products catalogue which they will never be shown in any shop either due to various reasons including financial or social status etc.
7)    They get huge discounts on various products due to elimination of Distributor/Dealer network and many promotional ongoing schemes which rarely reach to the end users etc.
8)    Many products provide for free trial for specified time period without any additional charges in case consumer wants to return the product.
9)    Free home delivery is available and payment on delivery facility is also available on many products.
10) It saves travelling time/parking tensions/rush at busy hours and long wait for being served by salesman etc.
11) They may even get 15-20 days payment credit by some shopping portals and also some reward points etc.
So when such huge advantages are available for consumers why someone will complain about the very existence of online portals? But there is darker side of these online shopping portals also which needs to be brought to notice of the consumers.

Though advantages of online shopping portals can not be undermined there are some inherent risks and which needs to be highlighted.

1)    How many people can make a choice about which is safe portal and which is unsafe?
2)    How many people know that there are many fraudulent online shopping portals in existence?
3)    How many of us believe that there are legal provisions for regularizing the online shopping portals?
4)    How many of us know that many web portals are selling stolen or counterfeit goods?
5)    How many of us are sure about the quality or genuineness about the products sold through online portals?
6)    How many of us know what remedy is available if something goes wrong while carrying out online shopping?
7)    How many of us are sure that details provided by us to the online shopping portals will not be misused? And what if the details contain your sensitive personal information including your banking details etc.?
8)    Are there any provisions for mentioning names and physical addresses of administrator, compliance or grievance officer etc. on online shopping portals?
9)    When consumers are cheated by such on line transactions is there any mechanism in place or any remedial measures available to consumers?
10) How to find out authenticity and reliability of any website?
11) What precautions should be taken for safe online payment transfer?
12) Do police entertain complaints against online shopping frauds or cite inability to act due to geographical constraints?
13) Like Consumer protection act do consumers have any grievance redressal mechanism available in case of online shopping complaint?
14) Does online shopping portals are subject to any taxes from Government?
15) Does there is scope for Tax evasion by this medium?
16) Does there is prohibition of sale of banned items through online portals in specific geography? Can it be effectively monitored?
17) Does Government have any monitoring mechanism to control or regulate Online shopping mechanism?
18) Does online portals violate of principles of Fundamental Rights of Equality as they don’t have any regulatory mechanism whereas offline Retailers/Traders have been subjected to various regulatory mechanisms like shop and establishment act, registration of firms etc.
19) Does online shopping portals are a posing a big threat to various self employed Distributors/Dealers/Retailers/Resellers/Vendors/Hawkers and many more sections of the society? Will this lead to serious unemployment problem in India?
20) Do we face risk of Data invasion while shopping through online portals? Does our digital footprints are saved and processed for our own exploitation?
21) What rights these shopping portals have to invade into someone’s Privacy?
More and more such questions needs to be answered.

The online shopping portals are new welcome phenomenon but it should be monitored and controlled so as to protect rights of consumers. For offline stores there are various legal provisions but for online shopping portals there are none and these amounts to discrimination which needs serious debate and discussions.


My sincere urge is for healthy discussion about the existing provisions for hosting and conducting business through online shopping portals and in case of non availability of such rules and regulations how to frame the necessary regulations at the earliest in the interest of protection of various consumers from such few fraudulent online shopping portals.

Wednesday, July 23, 2014

Information Technology Act providing much needed relief to cyber crime victims.

With thousands of confirmed data breaches last year, the security of the financial services is a topic of concern for all security professionals. Organized fraud rings are constantly coming up with imaginative new methods of stealing funds and identities and consumers are increasingly losing confidence that there is anything that can be done to reverse these trends and protect their interests. This is also evident with the increase in number of cases registered for compensation under civil remedies provided by Information Technology Act with Adjudicating Officer. The Maharashtra Adjudicating has received    11, 44 and 30cases in 2012, 2013 and 2014(till June 2014) respectively. Though very few people are aware about Civil remedies the increase in frauds are sending shivers to Banks since they are made liable to pay compensation under section 43A of Information Technology Act for failure in protecting Sensitive Personal information of the customers. As most of the victims preferring non- reporting of the incident except to their respective banker those few who report the card fraud incident to Police often believe that crime committed against them is of criminal nature only and hence they can not get their lost money back. They are thus required to be made aware about available civil remedy under Information Technology Act.
As per RBI April 2014 statistics with about 40 crore debit/credit cards issued across India and 85000 and 77500 Online and Offline ATM’s installations Indian card holders are most vulnerable to various cyber financial attacks. With 554034275 actual ATM transactions amounting Rs. 1743462.56 millions and 56266452 POS (Point of Sale) transactions amounting Rs.86847.83 millions, Indian card users are required to be taught more and more about security and protection of their sensitive personal information.
Aite Group , an independent research and advisory firm having Head office in Boston, with expertise in banking, payments, securities & investments, and insurance, delivered its comprehensive survey report titled “Global Consumers: Losing Confidence in the Battle against Fraud” regarding various categories of online frauds in June 2014.This report, based on a Q1 2014 ACI Worldwide study of 6,159 consumers in 20 countries, provides an overview of respondents' attitudes toward various types of financial fraud and discusses the actions they may take subsequent to a fraud experience.
The salient features of the findings are as below.
1)      Of all cardholders—debit, credit, and prepaid—27% have experienced card fraud in the past five years.
2)      After experiencing fraud, 63% of consumers use their card less, at least in some situations, than they used their card previously.
3)      In 2014, 14% of debit and credit card holders cite having experienced fraud multiple times during the past five years.
4)      Of cardholders who received replacement cards as a result of a data breach or fraudulent activity in the past year, 43% used the new card less than the original.
5)      Consumers who are dissatisfied with how they are treated by their financial institution after experiencing fraud sometimes change providers, resulting in a global attrition rate of 23%.
6)      Fifty-five percent of respondents are "very concerned" about reclaiming their financial identity if they become a victim of identity theft; this represents a twofold increase in consumers with this level of concern from 2011.
7)      Eighteen percent of global consumers lack confidence that their financial institution can protect them against fraud.
8)       Forty-nine percent of global consumers exhibit at least one risky behavior, which puts them at higher risk of financial fraud.

The study was conducted in a total of 20 countries in the following regions:
The Americas (North and South America): Brazil, Canada, Mexico, and the United States. MEA (Europe, the Middle East, and Africa): France, Germany, Italy, the Netherlands, Poland, Russia, South Africa, Sweden, the United Arab Emirates, and the United Kingdom. The Asia-Pacific: Australia, China, India, Indonesia, New Zealand, and Singapore.
In total, 6,159 consumers were included in the research: approximately 300 consumers, divided equally between men and women, participated in each of the 20 countries. Of the total, 6,041 own one or more type of payment card (i.e., credit card, debit card, prepaid card).
41% Indian card users have Experienced Card Fraud in the Past 5 Years, @ 10% increase over 2012. The United Arab Emirates (UAE) has the highest rate of fraud overall at 44%, followed by China at 42%, and India and the United States at 41% each.

Consumers in the UAE experience the highest rate of credit card fraud at 39%, followed by the United States at 36%. Sweden is the only country surveyed for which credit card fraud is in the single digits—8%; it is important to note that consumers in countries such as Sweden, Poland, and Germany are low users of credit cards. Consumers in the Netherlands also enjoy a low rate of credit card fraud; only one consumer in 10 experienced it in the past five years.32% Indians have experienced Credit card fraud which is @ 15% more as compared with 2012.

Consumers in China experience by far the highest debit card fraud rate at 30%, followed by India at 23%, and Mexico at 20%. The United States is in fourth place again at 18%.

The highest rate of fraud on prepaid cards is experienced by consumers in India at 18%, followed by China at 17%, Indonesia at 11%, and Italy and Singapore at 10%.

Consumer behavior in Australia and New Zealand tend to be far less risky than the rest of the Asia-Pacific. The very low percentages of consumers who carry their PIN with a card (India topping with 25%) or respond to emails and calls asking for bank account information(India topping with 22%) more closely resemble consumers in the Americas and EMEA than the other countries in the Asia-Pacific. Over 20% of consumers in all countries leave smart phones unlocked when not in use (India tops with 29%) and 28% Indian users throw documents with bank account numbers in the trash. In all countries except Australia and New Zealand, over 20% of consumer’s bank or shop online on computers without security software or on public computers but unfortunately India again tops with whopping 31% users.

This implies a lack of consumer education or a lack of belief by consumers that their behavior really has an impact on the likelihood of fraud. Educating consumers about risky behavior and the need to avoid them can help reduce fraud incidents and help consumers feel some element of control and confidence over their ability to protect themselves from becoming a victim of fraud.

High percentages of consumers were unhappy after their fraud experience: 33% were at least somewhat unhappy in Singapore, 40% in China, 50% in Indonesia, and 56% in India should be cause of concern for Indian financial institutions. In China, India, and Indonesia, between 44% and 58% of consumers switch financial institutions after their fraud experience. These very high rates of customer attrition are very costly to financial institutions.

Consumers in India have the most confidence that their financial institution can protect them against fraud—43% feel absolute confidence in such protection, and an additional 46% feel the financial institution is doing all it can to protect them. No more than 25% of consumers in other countries express absolute confidence in the financial institution's ability to protect them.

Consumers are putting their personal and financial data at risk when they act in risky ways, and they deserve better education related to protecting themselves against fraud. Encouraging consumers to work with their financial institution to protect themselves is a true win-win scenario. Financial institutions can lower customer attrition rates and back-of-wallet behavior through better consumer communication and education.
Recommendations by AITE group for financial institutions 1) Educate and engage consumers: Help consumers understand how they can help protect themselves against fraud, and work with the financial institution to combat it.2) Provide specific examples: Consumers do not understand the importance of avoiding risky behavior such as shopping online on a public computer or not securing their Smartphone or tablet when it is not in use. Public computers or those without adequate security software put consumers’ personal and financial data a high risk of being stolen. As adoption of mobile wallets and online banking increases, securing mobile devices is increasingly important. 3) Communicate more effectively: Ensure consumers understand that replacement cards are safe to use, even after a data breach. Make fraud protection protocols easy to understand and available at all customer touch points (i.e., online, contact centers, mailers, etc.).4) Improve customer service: After experiencing fraud, consumers may be traumatized or emotional. Ensure agents are sympathetic and helpful to the greatest extent possible in order to retain victimized customers.

Advocate Mahendra Limaye a noted Cyber Legal Expert opinioned that all banks must undertake Customer Awareness initiatives to educate card holders about current trends used by Cyber criminals to lure them and how to keep their personal sensitive information most secured. Cyber Awareness Organisation has launched CYBER CRIME HELPLINE to impart free advice to such cyber fraud victims.