Re: Anyone know if this news is true ? Airtel spying ...
Tarun Dua <lists-w/I/[email protected]> Thu, 11 Jun 2015 15:48:10 +0530
| Newsgroups | gmane.org.telecom.india-gii |
|---|---|
| Message-ID | <CAAjbWEr5uMOxx=KmFgD7dmyLT7maGuh69qSkrrSc9x15uRwhvA@mail.gmail.com> |
I am not a lawyer here but I think the ISPs are playing fast and loose with other people's Intellectual Property by inserting Javascript and modifying content being delivered to the end users. I believe this would be a relevant section which I don't think is superceded anywhere by IT Act 2008. Offences Under The It Act 2000: Section 65. Tampering with computer source documents: Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer Programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the being time in force, shall be punishable with imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both. Explanation: For the purpose of this section “computer source code” means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form. Object: The object of the section is to protect the “intellectual property” invested in the computer. It is an attempt to protect the computer source documents (codes) beyond what is available under the Copyright Law Essential ingredients of the section: 1. knowingly or intentionally concealing , 2. knowingly or intentionally destroying, 3. knowingly or intentionally altering, 4. knowingly or intentionally causing others to conceal, 5. knowingly or intentionally causing another to destroy, 6. knowingly or intentionally causing another to alter. This section extends towards the Copyright Act and helps the companies to protect their source code of their programmes. Penalties: Section 65 is tried by any magistrate. This is cognizable and non- bailable offence. Most content owners willingly add Google's analytics scripts to their webpages and that obviously doesn't constitute as malware. Regards -Tarun _______________________________________________ India-gii mailing list [email protected] https://lists.india-gii.org/mailman/listinfo/india-gii