Information Technology Act provides stiff penal clauses through which proprietary software agencies like Microsoft and their (scrupulous) Indian promoters like IKM (in Kerala) can be sued. Here's the relevant paras ... "70. Protected system (1) The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system. (2) The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems notified under sub-section (1). (3) Any person who secures access or attempts to secure access to a protected system in contravention of the provision of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.72. Penalty for breach of confidentiality and privacySave as otherwise provide in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulation made thereunder, has secured assess to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both." All we need to demonstrate is loss of data without the consent of the owner, here, the Government, for which only an internet connection to a protected system is needed. Microsoft, would pull out data without the requisite consent, and they and their promoters can be tried in Indian courts. "75. Act to apply for offence or contravention committed outside India
(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.
(2) For the purposes of sub-section (1), this Act shall apply to an offence or contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India." State IT Policy can remind the agencies of this issue, though its not mandatory, law is binding, whether you know it or not. Traitors, beware....
CK Raju Thrissur -------------------------- All fire, no smoke... http://ernakulam.sancharnet.in/doxa