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superceded anywhere by IT Act 2008.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

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