phishing

Phishing is The act of sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Website where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user’s information.

To avoid getting hooked:

• Don't reply to email or pop-up messages that ask for personal or financial information, and don't click on links in the message. Don't cut and paste a link from the message into your Web browser — phishers can make links look like they go one place, but that actually send you to a different site.
  
• Some scammers send an email that appears to be from a legitimate business and ask you to call a phone number to update your account or access a "refund." Because they use Voice over Internet protocol technology, the area code you call does not reflect where the scammers really are. If you need to reach an organization you do business with, call the number on your financial statements or on the back of your credit card.
  
• Use anti-virus and anti-spyware software, as well as a firewall, and update them all regularly.
  
• Don't email personal or financial information.
  
• Review credit card and bank account statements as soon as you receive them to check for unauthorized charges.
  
• Be cautious about opening any attachment or downloading any files from emails you receive, regardless of who sent them.

source:http://www.smh.com.au/news/web/aussies-still-ignorant-about-phishing/2007/10/04/1191091252153.html

Email privacy at work: Your employer can lie to you about reading your emails… and then fire you for relying on these lies!

Most employees probably know that the emails sent from their work email accounts are probably being monitored. However, what if your employer repeatedly assures you that all e-mail communications would remain confidential and privileged? What if your employer further tells you that e-mail communications could not be intercepted and used by against you as grounds for termination or reprimand? Can your employer still intercept your emails, read them, and then fire you for the contents…? YOU BET!!


In Smyth v. Pillsbury Co., 914 F. Supp. 97 (1996), Pillsbury maintained a company e-mail system which the employees used to communicate among themselves. Mr. Smyth was an employee of Pillsbury. Pillsbury assured Mr. Smyth as well as the other employees that all e-mail communications would remain confidential and privileged and that the e-mail communications could not be intercepted and used against the employees as grounds for termination or reprimand.


The U.S. District Court for the Eastern District of Pennsylvania surprisingly held that despite the assurances made by Pillsbury, its employees did not have a “reasonable expectation of privacy in e-mail communications voluntarily made by an employee to his supervisor over the company e-mail system.” The Court went on to hold that no “reasonable person would consider the . . . interception of these communications to be a substantial and highly offensive invasion of his privacy.”



The Pillsbury case, although decided under Pennsylvania law and dating back to 1996, has been cited with approval by courts in other states, including Massachusetts, Rhode Island, New York, Oregon, and Texas.

source:http://cyberlawyerblog.com/2007/05/21/email-privacy-at-work-your-employer-can-lie-to-you-about-reading-your-emails-and-then-fire-you-for-relying-on-these-lies.aspx

Indian National Sentenced to 81 Months in US Prison for Role in International Online Brokerage Hacking Crime

An Indian national was sentenced today to 81 months in prison on conspiracy and aggravated identity theft charges arising from an international fraud scheme to “hack” into online brokerage accounts in the United States and use those accounts to manipulate stock prices, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Deborah Gilg of the District of Nebraska.

Jaisankar Marimuthu, 36, a native of Chennai, India, was also ordered to pay $2.4 million in restitution. Marimuthu pleaded guilty on Feb. 5, 2010, to one count of conspiracy to commit wire fraud, securities fraud, computer fraud and aggravated identity theft, and to one count of aggravated identity theft before U.S. District Magistrate Judge F.A. Gossett III in Omaha, Neb. Marimuthu, who was extradited to the United States following his arrest in Hong Kong, was sentenced today before U.S. District Judge Laurie Smith Camp.

Source: http://cyberlaws.us/indian-national-sentenced-to-81-months-in-prison-for-role-in-international-online-brokerage-“hack-pump-and-dump”-scheme/

Website development contracts: The “handshake deal” can cost you.


Under U.S. copyright laws, the developer of a website owns the intellectual property and copyrightable elements of the website. The copyrightable elements of a website include the text, graphics, scripts, code, and the “look and feel.” Unless there is a contract to the contrary, the website developer’s client only obtains a non-exclusive license to utilize the intellectual property that it paid to develop. Even the copyright notice on the client’s website applies only to the contents that were developed by the client and not to the contents that were created by the developer.
This means that under the default scenario, your business’ website developer can create a very similar website for your competitors. Furthermore, at the end of your business’ relationship with the website developer, the website developer can also demand that you stop using its intellectual property and copyrightable contents. If you refuse, you may find yourself as the defendant in a copyright infringement lawsuit. Even worse, your website developer may refuse to facilitate your business’ transition to a new developer. If your business depends on its website, it may never recover from this website hijacking scheme commonly applied by some unscrupulous website developers.
You should be aware of the risks associated with the absence of a carefully drafted website development agreement and should consult with an Internet Attorney before hiring others to develop your website.

source:http://cyberlawyerblog.com/2007/07/22/website-development-contracts-the-handshake-deal-can-cost-you.aspx

When Copyright Goes Bad

did you know that even a pice of music you downloud from websites could be a kind of copyright infringement?

Annas Khatib sued Adam Abdul Hamid

The former director-general of Malaysian Fisheries Development Authority has filed a libel suit against the authority’s chairman, Adam Abdul Hamid.

Datuk Annas Khatib Jaafar, who retired on April 22, filed the suit through Dasuki and Co at the High Court here yesterday. He is seeking general damages, compensation, and aggravated and exemplary damages.

Annas is also seeking an injunction to restrain Adam from publishing or making statements that would affect him.

He claimed that Adam’s statement to the press last month and what he said in a letter dated Feb 6 to the Anti-Corruption Agency meant that he (Annas) had committed misappropriation of funds with regard to the construction of the authority’s RM55 million new complex at Kuala Kedah, Kedah.

Annas claimed that Adam’s statement also meant that he had committed misappropriation of funds by awarding the project to Pembinaan Zakaria Salleh Sdn Bhd through direct negotiations.
He claimed the allegations made by Adam also meant that the price tag was excessive, that normal tender procedures were not followed, and he did not spend government money economically.

Annas said that it indirectly meant that he had committed corrupt practice by offering the project to Pembinaan Zakaria Salleh.

He claimed that the writing, printing and publication were a vicious attack and campaign to deny him from continuing his term in the administrative and diplomatic service.

Annas alleged that Adam must have known that the allegations were not true as the project was implemented in 2002, long before his appointment as the director-general.

Source: http://www.nst.com.my/Current_News/NST/Wednesday/National/20070509081852/Article

Defamation definition

Defamation Law in Malaysia

What is defamation?

To put it in simple term, defamation occurs when a person expresses words that may lower another person’s reputation in the eyes of the public.

There are two types of defamation in Malaysia: libel and slander.

Libel is when such words are expressed in a permanent form which is usually visible to the eye, like in a book, e-mail or picture.

Slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.


What are the laws governing defamation?

In civil cases of defamation, when a private person sues another private person for defamation, the Defamation Act 1957 is applicable.

In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.

What is the punishment if you are held guilty of defamation?

Both libel and slander are civil and criminal offences. Thus, a person who is guilty of libel or slander may be sued in court, and also face jail sentence.

In civil cases, the person so defamed will normally sue the maker of the defamatory words for compensation. The amount of the compensation depends on the damage caused to the reputation of the person suing.

In criminal cases, the punishment for defamation is a jail sentence for a maximum of two years, or a fine, or a combination of a jail sentence and a fine [Section 500-502 Penal Code.

source: http://www.laweddie.com/wordpress/defamation-law-in-malaysia/

Google AdWords case

Google’s AdWords program, its primary source of revenue, generated over $20 billion in 2008. AdWords allows advertisers to purchase keywords that trigger the display of ads, or “sponsored links,” in response to user search queries. AdWords enables advertisers to purchase not only generic keywords to trigger their ads, but trademarks as well. So Boylan Bottling might purchase both “soda” and “Pepsi” as part of its AdWords buy.
In addition, Google’s Keyword Tool recommends keywords to advertisers; these recommendations likewise include trademarks.
More recently, Google began allowing use of marks in ad text for certain classes of advertisers. Those who resell trademarked goods or services, or sell components, or replacement parts related to trademarked goods or services, or provide non-competitive informational sites that refer to trademarked goods or services are now able to use the relevant marks in the text of their ads.
Trademark holders, unhappy with the use of their marks by both Google and their competitors have filed numerous suits.

Source: http://cyberlawcases.com

The Google Online Books

Since 2005, Google has digitally scanned over 10,000,000 books from various libraries, indexed them in its search database, and for those books under copyright and not part of its Partner Program, displaying so-called “snippets” of their content – up to three portions each no more than 8-12 lines in length – without permission from the copyright owners. As a result, a group of authors and publishers filed suit, now as a class action, for copyright infringement. Google has responded with several defenses, including the assertion that everything it is doing is a fair use under Section 107 of the Copyright Act.
Last October, the parties announced a proposed settlement of the case. The settlement agreement is over 300 pages and quite complex. It has many supporters as well as critics. Objections to the settlement can be filed up until September 4, 2009. On October 7, 2009, Judge Denny Chin will hold a hearing on whether the proposed settlement is “fair, reasonable, and adequate” to the class members.

Source: http://cyberlawcases.com

copyright law

copyright definition

Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of works that are substantive and fixed in a medium. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work.

Trade mark infringement

Microsoft Corporation Sues a Dentist for Trademark Infringement and Cybersquatting

Microsoft has filed a trademark infringement suit against a California dentist, Dr. Saed Said, who has registered more than 40 Internet domains with names similar to Microsoft’s products or brands, including: aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info and XboxMarket.mobi.and macrosoft laime that Dr.said profited from the misdirection to microsaft ewb site.because he caused making mistake for persons who looking for microsaft website.and in this way microsoft lost his opportunity to intract with the persons who surfing through internet.
source:http://cyberlawyerblog.com/2007/12/04/microsoft-corporation-sues-a-dentist-for-trademark-infringement-and-cybersquatting.aspx

comment:Macrosoft is the exclusive owner of the tradmark rights in the word "Microsoft " and also the current registrant which is Dr.said has used the domain name in bad faith.So the court should be in favour of Microsoft.