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
CK Raju, Thrissur said on Fri, Feb 09, 2007 at 09:50:49AM +0530,:
record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such material
See?? `` ... WITHOUT THE CONSENT OF ...''
By accepting the EULA, you consent to their accessing your information.
And that is why proprietary software vendors want licenses to be bilateral `contracts', while true Free licenses insist on their being unlateral grants of permissions by the copyright holders.
Vakil, I think this is precisely the point that we can debate, clarify and have it enforced by Government. If your argument stands, it would mean that no government information can be declared as "protected", when it is on a proprietary platform. So inside the legal dragnet, the official who gave "consent" would also fall. (Judges are also getting sensible these days, the corrupt are increasingly being shown the door.) We do have a very strong case for litigation here, if some lawyers that I consulted are to be believed. And I think, if the Government doesn't budge with regard to its earlier stand on computerising local bodies and revenue departments, our move should be made, pretty quickly - we don't have that many jails around. Perhaps Joseph can argue with TECOM for an attached jail within Smart City premises - as a lesson for those who go astray. CK Raju Thrissur
other material without the consent of the person concerned
discloses such material
See?? `` ... WITHOUT THE CONSENT OF ...''
By accepting the EULA, you consent to their accessing your information.
And that is why proprietary software vendors want licenses to be bilateral `contracts', while true Free licenses insist on their being unlateral grants of permissions by the copyright holders.
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CK Raju, Thrissur -
Mahesh T. Pai