The target – SIFY.
SIFY was selling erotic products through its Shopping section on SIFY.com at the following link:
http://sify.com/shopping/category.php?pid=13169517
I reported the matter just yesterday through Mr Naavi to Chennai Cyber Crime Police. And now Sify which until 17th Dec carried an “Erotica Store” and was putting products on sale has today stated “There is no product in this category”.
This was the message received from Mr Naavi today…
“Dear Ankur,
I find Sify has removed the listings today…thanks to your initiative.
naavi”
I think everybody can join in for fight against cyber crime by bringing such matters to the knowledge of Cyber Crime Cell, which are located in all the major cities like Mumbai, Chennai, Bangalore, Delhi…
Click here for all the relevant addresses of Cyber Crime Cells.
Check out latest Cyber law news on CyberLawTimes.com
Poonam says
Great job Ankur!!! :clap: That’s really great that you had it brought to the cyber police’s attention and that they too took a step very quickly!
I think more like this should be done. Its really good to hear that there is someone out there doing good things to make the Indian society better.
Ankur says
Thanks :thumb:
It’s just a beginning…
Hope to contribute in a better way in future 🙂
Gaurav says
Good job man!!! & its good to hear that action had been taken promptly. India is progressing!
So what else is categorized under Cyber Crimes? It is possible that I come across lot of sites with such activities, but the lack of knowledge stops me from complaining.
BTW y is selling Erotic DVDs/VCDs a crime? Do u need spl. license for that?
When Gmail was a hotselling thing @ Ebay, I reported it to gmail and they replied me that they knew about it and can’t do much….soon after they released a lot of invitations.
Ankur says
Thx Gaurav:!:
Cyber Crime includes things like…
(mostly I think you must be having knowledge of)
1. Spamming
2. Spreading Viruses
3. Hacking into a computer.
4. Damaging of computer system or computer network, data, computer database or any other programmes
5. Publishing of information which is obscene in electronic form.
These are some of the important ones…. we face in our daily life.
Though Spamming is still to be covered under Indian IT Act, 2000. For which steps are being taken by NASSCOM.
But still it can be categorized as Nuisance under “Law Of Torts”. On the same lines, VSNL won a case in early 2004 for Spamming under Law Of Torts.
The fifth clause, which is defined under Sec 67 of Act, covers this issue.
It is illegal to sell such things, I don’t think a authority can regularize it by issue of licence.
In the beginning Mr Naavi objected as follow:
“Some legal experts make a difference between obscene material and Erotica. It is considered that Erotica is not prohibited. The material made available on the site therefore needs to be examined further.”
My reply was as follows:
“I think as the word ‘Obscene’ has not been defined under the act, so we will have to go by the dictionary meaning, which defines…
‘OBSCENE’ as ‘Offensive to accepted standards of decency or modesty’ Definition from http://dictionary.reference.com/search?r=67&q=obscene
And I dont think Erotic thing as such is accepted standard of decency and ofcourse not acceptable openly in the society, specially in such a general site. Which does not even contain any warning of having within it links to ‘Erotic’ things.”
He also said “Let me see how the department responds.”
But the result was positive. 🙂
The arrest of Bazee.com chief, also helped here as people are taking precautions. So it can be said it was the right time to take up this issue.
When I brought sale of invitations to ‘GMAIL account’ on Bazee.com to the notice of GMAIL,
they wrote as folows:
“Hello Ankur,
Thank you for bringing this issue to our attention. We have forwarded the information you provided to the appropriate team for further investigation.
We hope you enjoy Google’s approach to email.
Sincerely,
The Gmail Team”
But you are write, they can’t do much, that’s why sale of GMAIL invitations is still ON.
Will take up more on Cyber Law later…
Puneet says
yeah good going archer :clap:
I cant believe sify would be selling them.. I mean because they must be selling with full knowledge what they doing…. Because its not a auction site like bazee where .. you can not manually keep tab what happening unless brought to the notice
I read this article and kinda agree it http://timesofindia.indiatimes.com/articleshow/963976.cms
Just hypothesize I mean you cant arrest a telephone company CEO just because someone used the phone and misused it without the knowledge …. Iike in its not possible to listen or maintain record who is talking what .. unless they get information or prior knowledge
Puneet says
Yeah do write more about cyber law :thumb: Its good to know them … and be aware
Hey also wanted to ask in India … I mean see downloading song from the internet also illegal na it Is right ? are there any laws in India against it ……coz it would be copyright infringement.. I mean downloading.. …its like distributing
But then it can’t be stopped technically… those P2P network.. Because there isn’t one centralized server which can be closed down…… like incase of napster long ago it was faced with legal suit etc
Ankur says
Firstly relating to this Indiatimes article…
It is really a debatable issue… read this article
Should auction portal CEOs be accountable for deals?
The Indiatimes has provided with a very good example. So really this is a debatable issue.
Some amendment will be required in Information Technology Act, 2000, to put a limit on liability of CEO in such cases. As this arrest has been made under the powers derived from Section 85 of the Act.
Downloading songs from internet, is surely infringement of Copyrights. There are cases going on in many countries against Kazaa for the same reason.
In US, few years back, it was banned and US Police used to track down IP addresses of the person, who were found using Kazaa and give a surprize visit at the doorsteps 😉
In India ‘Copyright Act 1957’ is in force. Under which MP3 is ofcourse illegal. As it is considered as ‘Infringing Copy’ under Section 2(m) of the said Act.
P2P downloading can surely be stopped if stringent steps as implemented in US are taken in India too. Which ofcourse is a distant dream… in terms of the technology available with Law enforcement agencies. Till then Enjoy 😀
Puneet says
i dont use kazaa but use Ares Lite which i came to know from Poonam hope she reads this …. rotfl bache ke rehna kahi someone might give a surprize visit at you doorsteps 😉
also archer yeah read that article the link you posted … i mean i believe action should be taken only… if the CEO had been not cooperating with investigation or… remained ignorant and dint initiate any action even after the information was made available that such a thing was sold….. I mean bazee might have used keyword etc whaever technology available to ban sale of unwanted articles…but I mean its impractical for human to sit and monitor each page
recently I wanted to buy card for my cell phone I search at bazee and found same thing available by seller and was shocked to see huge price different starting from 400 to 3500 don’t know how reliable it is to buy anything from bazee never bought …
Poonam says
well puneet being in the usa, i don’t think the US government will be after me for downloading hindi music from Ares Lite because they don’t manufacture hindi CDs here. So tum bach ke rehna rotfl
And the Indian gov’t doesn’t have time to find the ppl that download music in India…why would they try to even find ppl like me who are abroad? rotfl
one thing for sure, you shouldn’t just keep stuff like kazaa and ares lite running on ur pc like @ night or when u are not @ the computer. Its a risk that someone is able to contact your IP addy. I only use it when i am downloading a song while sitting @ the pc. Once i leave, i log off of ares lite as well. Being a security IT person, I know about such things.
Aaina says
YAY! Ankur, that was great of you…:clap: Keep it up!:thumb: High five!:highfive::mrgreen:
Ankur says
Puneet:!: You are right :thumb:
It really impossible for an individual to check each and every item.
That’s why there has been little relaxation in the section 85. Which at the end provides as follows…
“….provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due-diligence to prevent such a contravention”
But still more relaxation will be required. Though I think Bazee CEO is in custody due to poor court procedures.
About shopping on Bazee… its really a gamble :yes:
As I did mention on Bazee post, it is the sellers who are benefited more. Its really not that trustworthy, a little risk is involved in every purchase. Better restrict your purchases to a lower value.
Ankur says
I must say Poonam is really smart 😀
Thanks Aaina :highfive:
Poonam says
Do you think Ankur that there will be changes now to Bazee.com with its CEO out of a position to do anything productive with his business?? Will it get better or will it basically stay the way it is? 🙄
Ankur says
Read this another Bazee News Article Kidneys on sale in cyberspace😯
Improvements will surely be there as not only Bazee Management will be more cautious but all the buyer and seller will be reluctant too in putting up some prohibited item for sale.
But other things will continue like selling of inferior quality goods at high price, mis-representation for a product, etc.
One of my friend bought a Camera at Bazee.com 2-3 months back for Rs 800/- It was a horrible experience for him as the camera delivers very poor prints. And the real cost of the camera was not more than Rs 300/-
Naavi says
Good Work on your website Ankur. Keep it up.
Naavi
http://www.naavi.org
Ankur says
Thanks for the compliment Sir 🙂
Manpreet says
Hey.. good work dude..keep it up..
Ankur, i need some advise on a issue.. will talk on email about it…
cheers,
Manpreet
Ankur says
Most Welcome 😎
Gaurav says
P2P downloading can surely be stopped if stringent steps as implemented in US are taken in India too.
What steps have been taken? errr…..Most of my frnds download songs {english} n burn CDs. I come across people {generally teenagers} selling Audio CDs and DVDs {ofcourse copied} at half price dat of original on streets and sometimes in the train.
BTW is this {Link might contain obscene stuff :P} a crime? They didn’t mention that its only for 18+ n etc the category just says Adult.
Gaurav says
Actually that link didn’t work u can try this {Link might contain obscene stuff}
Ankur says
Thx for the info!
Ofcourse seems to be obscene, let me try sending them a warning first :smokin:
Sushubh says
so what about watching porn in india? is it illegal as well?
Ankur says
What is illegal under IT Act, 2000 is…
“Whoever publishes or transmits or causes to be published in the electronic form…” (sec 67 – Obscene) i.e the person publishing or transmitting obscene information are liable.
Though in pure terms, we can say if you access the site and close the window, you are nowhere liable under this act. But if you transmit through email or save it in your PC, so that anybody can have access to such a thing, then you can be held liable.
But we can go deep into it and say the files will automatically be saved as ‘Temporary Internet Files’ and if anybody gets access to that folder, then also you can be made liable. As they were copied in your PC as a direct effect of your accessing the files on a site 😯
So in a way indirectly even by accessing you can be made liable 😎
With the amendments in IT Act expected in the next few months, we can expect things becoming more transparent.
Ankur says
I have got some further clarification from Mr Naavi… The answer to Sushubh’s question is ‘NO’ :no:
I asked the following question:
Question: Under Sec 67 of IT Act, 2000, only person publishing or transmitting is liable, then why under Bazee case, the persons who bought the video are also being targeted. Is that only precautionary measure, so that they don’t sell it further ?
Reply:
“According to ITA-2000 being in posession of an obscene electronic file is not an offence. So also is seeing an obscene electronic document.
However, what the Police some time do is to consider posession as “with intention to propagate” and book the case as a contemplated crime. Even under ITA-2000 Police have some right if in their opinion, an offence is “Likely to be committed”.
It is a different matter that such charges will fail later during trial. Unfortunately the initial arrest and custody is sufficient to demoralize and some time condemn a person. This is punishment without trial” 😯
I think, I really went deep into it in the last post rotfl
Though logically I am not wrong, so if I have to fight a case on similar grounds, I will prove in the court of law… the person accessing the p*** is also guilty :knocked:
Sushubh says
that is surprisingly weird. though i doubt police would care what the law says…
Ankur says
Really it will depend on what interpretation Police makes… as they indeed misuse power 🙄
Further clarification: :clap:
“There is certainly a line of argument. Even in the case of Copyright this kind of doubts do arise since every file seen on the Internet is in fact copied first onto the user’s computer.
Since this is the only way Internet works, mere accessing of files should not be interepreted as either copying or causing a file to be transmitted. If we take this stand then we shall be considering the entire Cyber Space as an illegal constitution.
I even go to the extent of considering one to one e-mails as not strictly “Transmission” in spirit. I would consider one to many distribution of e-mails and a website open to public as really the objects that fit into the definition intended in Section 67.
In practice however, it is the interpretation of the Police that becomes paramount and we need to keep this in mind when we discuss the issue in practical terms.
It is for this reason that I generally maintain that extending the Meta Society Laws to Cyber Space is not the correct way and we need Cyber Laws for the Netizens to be made by the Netizens by understanding the way Cyber Space works.” :clap:
This and the above clarifications I have received from http://www.cyberlawcollege.com, Chennai where I have recently joined “Certificate Course in Techno Legal Cyber Security ” :thumb:
Ajay says
Hi Ankur,
I was reading your initiative against Sify, which was selling allegedly “erotic” material on the website. Isn’t there any thing like “First Amendment” freedom of expression and free speech rights like you have in the United States? I mean how far can the moral policing go? If a certain adult want to buy allegedly “erotic” material,then what is the problem? I think the garden-variety Hindi movies have enough eroticism in them (of course without the nudity) that they would probably fall within the category of “obscene” media exposure? Will someone ban Hindi movies too?:-)
Sushubh says
well… i think gay marriage is illegal in india. what kind of democracy are we living in?
Archer says
Hi Ajay!
Here what has been done is… just enforced existing law. This question need to be asked to Law makers. They are really playing double-game :yes:
The step was taken against SIFY particularly as you can see from the other posts, how much everybody is attached to SIFY 😉
On 14th, after listening to protests by some organisations, the same question was coming to my mind… reg new Hindi Movies.
I also want new dirty Hindi movies be banned :attack: But censor Board is :sleep:
Constitution definitely provides for Freedom of Speech and Expression, but that can be restricted by the State in the interest of Decency, Morality, etc [Art 19(1) of Indian Constitution]
Ankur says
Cyber Law Potal at http://www.cyberlawyer.in 😎
Archer says
Now discuss about Cyber Crime and Cyber Law issues at Cyber Law Discussion Forums: http://www.cyberlawtimes.com/forums
Snegnaia says
I would like to exchange links with your site blog.guru
Is this possible?
Dipak Kumar Adhikari says
Kind Attention
To,
The Incharge of the Department.
Please send the matter to the appropriate authorities, if necessary.
Respected Sir,
100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel’s and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Shankar Kumar Samanta and his family harassed me and my family, they are torcher me physically and mentally, and all time told that they kill me and my family. Dt. 06.08.2010 Case no.336 U/S: 147,148,448,325,379/34 Sandip Samanta, doing the case me and my family, and his evidence only his father, mother and his uncle, not a single man in my village for their evidence, it’s a 100% fabricated case.
We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366434, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009, how much money Taken Baguiati police form my father and others for 498A/34 I.P.C., fabricated Charge Sheeted, I don’t know, because then I’m in Jail. The Learn” ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother (severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, (Smt. Nita Sarkar J.M. 1st Court Sealdah South 24 Parganas. Date 16/12/2009.) They take 4(four) Advocate at Sealdah Court. I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry, investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.
After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF†then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.
Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (The payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case (The case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE) the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.
When I saw that already near by 120-150 days went by “I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, P. Chidambaram Union Minister of Home Affairs, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India‎, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bharat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, many department told does not comes under the purview of our department. Then my question is where I go now? I can’t get Judgment still now. I see they all are in sound asleep. The reason is best known to them.
I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O.: Hatiara. Dist.: North24Parganas.
Kolkata-700059 Email: dipakadhikari_59@yahoo.com
W.B. India. PH. 9874389190