CYBER CRIME

INTRODUCTION: The term cyber crime is a misnomer. This term has nowhere been defined in any statute /Act passed or enacted by the Indian Parliament. The concept of cyber crime is not radically different from the concept of conventional crime. Both include conduct whether act or omission, which cause breach of rules of law and counterbalanced by the sanction of the state. Before evaluating the concept of cyber crime it is obvious that the concept of conventional crime be discussed and the points of similarity and deviance between both these forms may be discussed. CONVENTIONAL CRIMECrime is a social and economic phenomenon and is as old as the human society. Crime is a legal concept and has the sanction of the law. Crime or an offence is a legal wrong that can be followed by criminal proceedings which may result into punishment.(1) The hallmark of criminality is that, it is breach of the criminal law. Per Lord Atkin the criminal quality of an act cannot be discovered by reference to any standard but one: is the act prohibited with penal consequences. (2) A crime may be said to be any conduct accompanied by act or omission prohibited by law and consequential breach of which is visited by penal consequences. CYBER CRIME Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime (13). Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime(12) A generalized definition of cyber crime may be unlawful acts wherein the computer is either a tool or target or both(3) The computer may be used as a tool in the following kinds of activity- financial crimes, sale of illegal articles, pornography, online gambling, intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber stalking. The computer may however be target for unlawful acts in the following cases- unauthorized access to computer/ computer system/ computer networks, theft of information contained in the electronic form, e-mail bombing, data didling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of computer system, physically damaging the computer system. DISTINCTION BETWEEN CONVENTIONAL AND CYBER CRIMEThere is apparently no distinction between cyber and conventional crime. However on a deep introspection we may say that there exists a fine line of demarcation between the conventional and cyber crime, which is appreciable. The demarcation lies in the involvement of the medium in cases of cyber crime. The sine qua non for cyber crime is that there should be an involvement, at any stage, of the virtual cyber medium.

REASONS FOR CYBER CRIME: Hart in his work The Concept of Law has said human beings are vulnerable so rule of law is required to protect them. Applying this to the cyberspace we may say that computers are vulnerable so rule of law is required to protect and safeguard them against cyber crime. The reasons for the vulnerability of computers may be said to be: 1. Capacity to store data in comparatively small spaceThe computer has unique characteristic of storing data in a very small space. This affords to remove or derive information either through physical or virtual medium makes it much more easier. 2. Easy to accessThe problem encountered in guarding a computer system from unauthorised access is that there is every possibility of breach not due to human error but due to the complex technology. By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized to get past many a security system. 3.ComplexThe computers work on operating systems and these operating systems in turn are composed of millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the computer system. 4.NegligenceNegligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system. 5. Loss of evidenceLoss of evidence is a very common & obvious problem as all the data are routinely destroyed. Further collection of data outside the territorial extent also paralyses this system of crime investigation. CYBER CRIMINALS: The cyber criminals constitute of various groups/ category. This division may be justified on the basis of the object that they have in their mind. The following are the category of cyber criminals1. Children and adolescents between the age group of 6 18 years The simple reason for this type of delinquent behaviour pattern in children is seen mostly due to the inquisitiveness to know and explore the things. Other cognate reason may be to prove themselves to be outstanding amongst other children in their group. Further the reasons may be psychological even. E.g. the Bal Bharati (Delhi) case was the outcome of harassment of the delinquent by his friends.

2. Organised hackersThese kinds of hackers are mostly organised together to fulfil certain objective. The reason may be to fulfil their political bias, fundamentalism, etc. The Pakistanis are said to be one of the best quality hackers in the world. They mainly target the Indian government sites with the purpose to fulfil their political objectives. Further the NASA as well as the Microsoft sites is always under attack by the hackers. 3. Professional hackers / crackers

Their work is motivated by the colour of money. These kinds of hackers are mostly employed to hack the site of the rivals and get credible, reliable and valuable information. Further they are ven employed to crack the system of the employer basically as a measure to make it safer by detecting the loopholes. 4. Discontented employees-

This group include those people who have been either sacked by their employer or are dissatisfied with their employer. To avenge they normally hack the system of their employee. MODE AND MANNER OF COMMITING CYBER CRIME: 1. Unauthorized access to computer systems or networks / HackingThis kind of offence is normally referred as hacking in the generic sense. However the framers of the information technology act 2000 have no where used this term so to avoid any confusion we would not interchangeably use the word hacking for unauthorized access as the latter has wide connotation. 2. Theft of information contained in electronic formThis includes information stored in computer hard disks, removable storage media etc. Theft may be either by appropriating the data physically or by tampering them through the virtual medium. 3. Email bombingThis kind of activity refers to sending large numbers of mail to the victim, which may be an individual or a company or even mail servers there by ultimately resulting into crashing. 4. Data diddlingThis kind of an attack involves altering raw data just before a computer processes it and then changing it back after the processing is completed. The electricity board faced similar problem of data diddling while the department was being computerised. 5. Salami attacksThis kind of crime is normally prevalent in the financial institutions or for the purpose of committing financial crimes. An important feature of this type of offence is that the alteration is so small that it would normally go unnoticed. E.g. the Ziegler case wherein a logic bomb was introduced in the banks system, which deducted 10 cents from every account and deposited it in a particular account.

6. Denial of Service attackThe computer of the victim is flooded with more requests than it can handle which cause it to crash. Distributed Denial of Service (DDoS) attack is also a type of denial of service attack, in which the offenders are wide in number and widespread. E.g. Amazon, Yahoo. 7. Virus / worm attacksViruses are programs that attach themselves to a computer or a file and then circulate themselves to other files and to other computers on a network. They usually affect the data on a computer, either by altering or deleting it. Worms, unlike viruses do not need the host to attach themselves to. They merely make functional copies of themselves and do this repeatedly till they eat up all the available space on a computer's memory. E.g. love bug virus, which affected at least 5 % of the computers of the globe. The losses were accounted to be $ 10 million. The world's most famous worm was the Internet worm let loose on the Internet by Robert Morris sometime in 1988. Almost brought development of Internet to a complete halt. 8. Logic bombsThese are event dependent programs. This implies that these programs are created to do something only when a certain event (known as a trigger event) occurs. E.g. even some viruses may be termed logic bombs because they lie dormant all through the year and become active only on a particular date (like the Chernobyl virus). 9. Trojan attacks-

This term has its origin in the word Trojan horse. In software field this means an unauthorized programme, which passively gains control over anothers system by representing itself as an authorised programme. The most common form of installing a Trojan is through e-mail. E.g. a Trojan was installed in the computer of a lady film director in the U.S. while chatting. The cyber criminal through the web cam installed in the computer obtained her nude photographs. He further harassed this lady. 10. Internet time theftsNormally in these kinds of thefts the Internet surfing hours of the victim are used up by another person. This is done by gaining access to the login ID and the password. E.g. Colonel Bajwas casethe Internet hours were used up by any other person. This was perhaps one of the first reported cases related to cyber crime in India. However this case made the police infamous as to their lack of understanding of the nature of cyber crime. 11. Web jackingThis term is derived from the term hi jacking. In these kinds of offences the hacker gains access and control over the web site of another. He may even mutilate or change the information on the site. This may be done for fulfilling political objectives or for money. E.g. recently the site of MIT (Ministry of Information Technology) was hacked by the Pakistani hackers and some obscene matter was placed therein. Further the site of Bombay crime branch was also web jacked. Another case of web jacking is that of the gold fish case. In this case the site was hacked and the information pertaining to gold fish was changed. Further a ransom of US $ 1 million was

demanded as ransom. Thus web jacking is a process where by control over the site of another is made backed by some consideration for it. CLASSIFICATION: The subject of cyber crime may be broadly classified under the following three groups. They are1. Against Individuals a. their person & b. their property of an individual

2. Against Organization a. Government c. Firm, Company, Group of Individuals. 3. Against Society at large The following are the crimes, which can be committed against the followings group Against Individuals:

i. Harassment via e-mails. ii. Cyber-stalking. iii. Dissemination of obscene material. iv. Defamation. v. Unauthorized control/access over computer system. vi. Indecent exposure vii. Email spoofing viii. Cheating & Fraud

Against Individual Property: -

i. Computer vandalism. ii. Transmitting virus. iii. Netrespass iv. Unauthorized control/access over computer system. v. Intellectual Property crimes vi. Internet time thefts

Against Organization: -

i. Unauthorized control/access over computer system ii. Possession of unauthorized information. iii. Cyber terrorism against the government organization. iv. Distribution of pirated software etc.

Against Society at large: -

i. Pornography (basically child pornography). ii. Polluting the youth through indecent exposure. iii. Trafficking iv. Financial crimes v.Sale of illegal articles vi.Online gambling vii. Forgery The above mentioned offences may discussed in brief as follows: 1. Harassment via e-mailsHarassment through e-mails is not a new concept. It is very similar to harassing through letters. Recently I had received a mail from a lady wherein she complained about the same. Her former boy friend was sending her mails constantly sometimes emotionally blackmailing her and also threatening her. This is a very common type of harassment via e-mails. 2. Cyber-stalkingThe Oxford dictionary defines stalking as "pursuing stealthily". Cyber stalking involves following a person's movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. 3. Dissemination of obscene material/ Indecent exposure/ Pornography (basically child pornography) / Polluting through indecent exposurePornography on the net may take various forms. It may include the hosting of web site containing these prohibited materials. Use of computers for producing these obscene materials. Downloading through the Internet, obscene materials. These obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind. Two known cases of pornography are the Delhi Bal Bharati case and the Bombay case wherein two Swiss couple used to force the slum children for obscene photographs. The Mumbai police later arrested them. 4. Defamation It is an act of imputing any person with intent to lower the person in the estimation of the rightthinking members of society generally or to cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule. Cyber defamation is not different from conventional defamation except the involvement of a virtual medium. E.g. the mail account of Rohit was hacked and some

mails were sent from his account to some of his batch mates regarding his affair with a girl with intent to defame him. 4. Unauthorized control/access over computer system-

This activity is commonly referred to as hacking. The Indian law has however given a different connotation to the term hacking, so we will not use the term "unauthorized access" interchangeably with the term "hacking" to prevent confusion as the term used in the Act of 2000 is much wider than hacking. 5. E mail spoofingA spoofed e-mail may be said to be one, which misrepresents its origin. It shows it's origin to be different from which actually it originates. Recently spoofed mails were sent on the name of Mr.Na.Vijayashankar (naavi.org), which contained virus. Rajesh Manyar, a graduate student at Purdue University in Indiana, was arrested for threatening to detonate a nuclear device in the college campus. The alleged e- mail was sent from the account of another student to the vice president for student services. However the mail was traced to be sent from the account of Rajesh Manyar.(15) 6. Computer vandalismVandalism means deliberately destroying or damaging property of another. Thus computer vandalism may include within its purview any kind of physical harm done to the computer of any person. These acts may take the form of the theft of a computer, some part of a computer or a peripheral attached to the computer or by physically damaging a computer or its peripherals. 7. Transmitting virus/wormsThis topic has been adequately dealt herein above. 8. Intellectual Property crimes / Distribution of pirated softwareIntellectual property consists of a bundle of rights. Any unlawful act by which the owner is deprived completely or partially of his rights is an offence. The common form of IPR violation may be said to be software piracy, copyright infringement, trademark and service mark violation, theft of computer source code, etc. The Hyderabad Court has in a land mark judgement has convicted three people and sentenced them to six months imprisonment and fine of 50,000 each for unauthorized copying and sell of pirated software. (16) 9. Cyber terrorism against the government organization At this juncture a necessity may be felt that what is the need to distinguish between cyber terrorism and cyber crime. Both are criminal acts. However there is a compelling need to distinguish between both these crimes. A cyber crime is generally a domestic issue, which may have international consequences, however cyber terrorism is a global concern, which has

domestic as well as international consequences. The common form of these terrorist attacks on the Internet is by distributed denial of service attacks, hate websites and hate emails, attacks on sensitive computer networks, etc. Technology savvy terrorists are using 512-bit encryption, which is next to impossible to decrypt. The recent example may be cited of Osama Bin Laden, the LTTE, attack on Americas army deploymentsystem during Iraq war. Cyber terrorism may be defined to be the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives (4) Another definition may be attempted to cover within its ambit every act of cyber terrorism. A terrorist means a person who indulges in wanton killing of persons or in violence or in disruption of services or means of communications essential to the community or in damaging property with the view to (1) putting the public or any section of the public in fear; or (2) affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or (3) coercing or overawing the government established by law; or (4) endangering the sovereignty and integrity of the nation and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the above objectives. Every act done in pursuance thereof is an act of cyber terrorism. 10.Trafficking Trafficking may assume different forms. It may be trafficking in drugs, human beings, arms weapons etc. These forms of trafficking are going unchecked because they are carried on under pseudonyms. A racket was busted in Chennai where drugs were being sold under the pseudonym of honey. 11. Fraud & Cheating Online fraud and cheating is one of the most lucrative businesses that are growing today in the cyber space. It may assume different forms. Some of the cases of online fraud and cheating that have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs, etc. Recently the Court of Metropolitan Magistrate Delhi (17) found guilty a 24-year-old engineer working in a call centre, of fraudulently gaining the details of Campa's credit card and bought a television and a cordless phone from Sony website. Metropolitan magistrate Gulshan Kumar convicted Azim for cheating under IPC, but did not send him to jail. Instead, Azim was asked to furnish a personal bond of Rs 20,000, and was released on a year's probation. STATUTORY PROVISONS:

The Indian parliament considered it necessary to give effect to the resolution by which the General Assembly adopted Model Law on Electronic Commerce adopted by the United Nations Commission on Trade Law. As a consequence of which the Information Technology Act 2000 was passed and enforced on 17th May 2000.the preamble of this Act states its objective to legalise e-commerce and further amend the Indian Penal Code 1860, the Indian Evidence Act 1872, the Bankers Book Evidence Act1891 and the Reserve Bank of India Act 1934. The basic purpose to incorporate the changes in these Acts is to make them compatible with the Act of 2000. So that they may regulate and control the affairs of the cyber world in an effective manner. The Information Technology Act deals with the various cyber crimes in chapters IX & XI. The important sections are Ss. 43,65,66,67. Section 43 in particular deals with the unauthorised access, unauthorised downloading, virus attacks or any contaminant, causes damage, disruption, denial of access, interference with the service availed by a person. This section provide for a fine up to Rs. 1 Crore by way of remedy. Section 65 deals with tampering with computer source documents and provides for imprisonment up to 3 years or fine, which may extend up to 2 years or both. Section 66 deals with hacking with computer system and provides for imprisonment up to 3 years or fine, which may extend up to 2 years or both. Further section 67 deals with publication of obscene material and provides for imprisonment up to a term of 10 years and also with fine up to Rs. 2 lakhs. (14) ANALYSIS OF THE STATUTORY PROVISONS: The Information Technology Act 2000 was undoubtedly a welcome step at a time when there was no legislation on this specialised field. The Act has however during its application has proved to be inadequate to a certain extent. The various loopholes in the Act are1. The hurry in which the legislation was passed, without sufficient public debate, did not really serve the desired purpose (6)Experts are of the opinion that one of the reasons for the inadequacy of the legislation has been the hurry in which it was passed by the parliament and it is also a fact that sufficient time was not given for public debate. 2. Cyberlaws, in their very preamble and aim, state that they are targeted at aiding e-commerce, and are not meant to regulate cybercrime(6) Mr. Pavan Duggal holds the opinion that the main intention of the legislators has been to provide for a law to regulate the e-commerce and with that aim the I.T.Act 2000 was passed, which also is one of the reasons for its inadequacy to deal with cases of cyber crime. At this point I would like to express my respectful dissent with Mr. Duggal. I feel that the above statement by Mr. Duggal is not fundamentally correct. The reason being that the preamble does state that the Act aims at legalising e-commerce. However it does not stop here. It further amends the I.P.C., Evidence Act, Bankers Book Evidence and RBI Act also. The Act also aims to deal with all matters connected therewith or incidental thereto. It is a cardinal rule of interpretation that text should be read as a whole to gather the meaning. It seems that the above statement has been made in total disregard of this rule of interpretation. The preamble, if read as a whole, makes it very clear that the Act equally aims at legalising e-commerce and to curb any offences arising there from. 3.Cyber torts-

The recent cases including Cyber stalking cyber harassment, cyber nuisance, and cyber defamation have shown that the I.T.Act 2000 has not dealt with those offences. Further it is also contended that in future new forms of cyber crime will emerge which even need to be taken care of. Therefore India should sign the cyber crime convention. However the I.T.Act 2000 read with the Penal Code is capable of dealing with these felonies. 4.Cyber crime in the Act is neither comprehensive nor exhaustiveMr. Duggal believes that we need dedicated legislation on cyber crime that can supplement the Indian Penal Code. The contemporary view is held by Mr. Prathamesh Popat who has stated"The IT Act, 2000 is not comprehensive enough and doesn't even define the term 'cyber crime". (8) Mr. Duggal has further commented, India, as a nation, has to cope with an urgent need to regulate and punish those committing cyber crimes, but with no specific provisions to do so. Supporters of the Indian Penal Code School vehemently argue that IPC has stood the test of time and that it is not necessary to incorporate any special laws on cyber crime. This is because it is debated by them that the IPC alone is sufficient for all kinds of crime. However, in practical terms, the argument does not have appropriate backing. It has to be distinctly understood that cyber crime and cyberspace are completely new whelms, where numerous new possibilities and opportunities emerge by the day in the form of new kinds of crimes.(6) I feel that a new legislation on cyber crime is totally unwarranted. The reason is that the new legislation not come alone but will bring with it the same confusion, the same dissatisfaction and the same desire to supplant it by further new legislation. Mr. Duggal has stated above the need to supplement IPC by a new legislation. If that is the issue then the present legislation along with the Penal Code when read harmoniously and co- jointly is sufficient to deal with the present problems of cyber crime. Further there are other legislations to deal with the intellectual property crimes on the cyber space such as the Patents Act, Copy Right Act, Trade Marks Act. 5.Ambiguity in the definitionsThe definition of hacking provided in section 66 of the Act is very wide and capable of misapplication. There is every possibility of this section being misapplied and in fact the Delhi court has misapplied it. The infamous go2nextjob has made it very clear that what may be the fate of a person who is booked under section 66 or the constant threat under which the netizens are till s. 66 exists in its present form. Further section 67 is also vague to certain extent. It is difficult to define the term lascivious information or obscene pornographic information. Further our inability to deal with the cases of cyber pornography has been proved by the Bal Bharati case. 6. Uniform lawMr. Vinod Kumar (9) holds the opinion that the need of the hour is a worldwide uniform cyber law to combat cyber crime. Cyber crime is a global phenomenon and therefore the initiative to fight it should come from the same level. E.g. the author of the love bug virus was appreciated by his countrymen. 7.Lack of awareness-

One important reason that the Act of 2000 is not achieving complete success is the lack of awareness among the s about their rights. Further most of the cases are going unreported. If the people are vigilant about their rights the law definitely protects their right. E.g. the Delhi high court in October 2002 prevented a person from selling Microsoft pirated software over an auction site. Achievement was also made in the case before the court of metropolitan magistrate Delhi wherein a person was convicted for online cheating by buying Sony products using a stolen credit card. (17) 8. Jurisdiction issuesJurisdiction is also one of the debatable issues in the cases of cyber crime due to the very universal nature of cyber space. With the ever-growing arms of cyber space the territorial concept seems to vanish. New methods of dispute resolution should give way to the conventional methods. The Act of 2000 is very silent on these issues. 9. Extra territorial applicationThough S.75 provides for extra-territorial operations of this law, but they could be meaningful only when backed with provisions recognizing orders and warrants for Information issued by competent authorities outside their jurisdiction and measure for cooperation for exchange of material and evidence of computer crimes between law enforcement agencies. 10. Raising a cyber armyBy using the word cyber army by no means I want to convey the idea of virtual army, rather I am laying emphasis on the need for a well equipped task force to deal with the new trends of hi tech crime. The government has taken a leap in this direction by constituting cyber crime cells in all metropolitan and other important cities. Further the establishment of the Cyber Crime Investigation Cell (CCIC) of the Central Bureau of Investigation (CBI) 11) is definitely a welcome step in this direction. There are man cases in which the C.B.I has achieved success. The present position of cases of cyber crime(17) is Case 1: When a woman at an MNC started receiving obscene calls, CBI found her colleague had posted her personal details on Mumbaidating.com. Status: Probe on Case 2: CBI arrested a man from UP, Mohammed Feroz, who placed ads offering jobs in Germany. He talked to applicants via e-mail and asked them to deposit money in his bank account in Delhi. Status: Chargesheet not filed Case 3: The official web-site of the Central Board of Direct Taxes was hacked last year. As Pakistan-based hackers were responsible, authorities there were informed through Interpol. Status: Pak not cooperating. 11. Cyber savvy bench-

Cyber savvy judges are the need of the day. Judiciary plays a vital role in shaping the enactment according to the order of the day. One such stage, which needs appreciation, is the P.I.L., which the Kerela High Court has accepted through an email. The role of the judges in todays word may be gathered by the statement- judges carve law is to law ought to be. Mr T.K.Vishwanathan, member secretary, Law Commission , has highlighted the requirements for introducing e-courts in India. In his article published in The Hindu he has stated if there is one area of Governance where IT can make a huge difference to Indian public is in the Judicial System. 12. Dynamic form of cyber crimeSpeaking on the dynamic nature of cyber crime FBI Director Louis Freeh has said, "In short, even though we have markedly improved our capabilities to fight cyber intrusions the problem is growing even faster and we are falling further behind. The (de)creativity of human mind cannot be checked by any law. Thus the only way out is the liberal construction while applying the statutory provisions to cyber crime cases. 13. Hesitation to report offencesAs stated above one of the fatal drawbacks of the Act has been the cases going unreported. One obvious reason is the non-cooperative police force. This was proved by the Delhi time theft case. "The police are a powerful force today which can play an instrumental role in preventing cybercrime. At the same time, it can also end up wielding the rod and harassing innocent s, preventing them from going about their normal cyber business."(10) This attitude of the administration is also revelled by incident that took place at Merrut and Belgam. (for the facts of these incidents refer to naavi.com). For complete realisation of the provisions of this Act a cooperative police force is require. PREVENTION OF CYBER CRIME: Prevention is always better than cure. It is always better to take certain precaution while operating the net. A should make them his part of cyber life. Saileshkumar Zarkar, technical advisor and network security consultant to the Mumbai Police Cyber crime Cell, advocates the 5P mantra for online security: Precaution, Prevention, Protection, Preservation and Perseverance. A netizen should keep in mind the following things1.to prevent cyber stalking avoid disclosing any information pertaining to oneself. This is as good as disclosing your identity to strangers in public place. 2.always avoid sending any photograph online particularly to strangers and chat friends as there have been incidents of misuse of the photographs. 3.always use latest and up date anti virus software to guard against virus attacks. 4.always keep back up volumes so that one may not suffer data loss in case of virus contamination 5.never send your credit card number to any site that is not secured, to guard against frauds. 6.always keep a watch on the sites that your children are accessing to prevent any kind of harassment or depravation in children. 7.it is better to use a security programme that gives control over the cookies and send information back to the site as leaving the cookies unguarded might prove fatal.

8.web site owners should watch traffic and check any irregularity on the site. Putting host-based intrusion detection devices on servers may do this. 9.use of firewalls may be beneficial. 10. web servers running public sites must be physically separate protected from internal corporate network. Adjudication of a Cyber Crime - On the directions of the Bombay High Court the Central Government has by a notification dated 25.03.03 has decided that the Secretary to the Information Technology Department in each state by designation would be appointed as the AO for each state. CONCLUSION: Capacity of human mind is unfathomable. It is not possible to eliminate cyber crime from the cyber space. It is quite possible to check them. History is the witness that no legislation has succeeded in totally eliminating crime from the globe. The only possible step is to make people aware of their rights and duties (to report crime as a collective duty towards the society) and further making the application of the laws more stringent to check crime. Undoubtedly the Act is a historical step in the cyber world. Further I all together do not deny that there is a need to bring changes in the Information Technology Act to make it more effective to combat cyber crime. I would conclude with a word of caution for the pro-legislation school that it should be kept in mind that the provisions of the cyber law are not made so stringent that it may retard the growth of the industry and prove to be counter-productive.

FREEDOM OF THE PRESS

Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media andpublished materials. While such freedom mostly implies the absence of interference from an overreaching state, its preservation may be sought throughconstitutional or other legal protections. With respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public based onclassification of information as sensitive, classified or secret and being otherwise protected from disclosure due to relevance of the information to protecting the national interest. Many governments are also subject to sunshine laws or freedom of information legislation that are used to define the ambit of national interest. The Universal Declaration of Human Rights states: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers" This philosophy is usually accompanied by legislation ensuring various degrees of freedom of scientific research (known as scientific freedom), publishing, press and printing the depth to which these laws are entrenched in a country's legal system can go as far down as its constitution. The concept of freedom of speech is often covered by the same laws as freedom of the press, thereby giving equal treatment to spoken and published expression. Besides legal definitions, some non-governmental organizations use other criteria to judge the level of press freedom around the world: Reporters Without Borders considers the number of journalists murdered, expelled or harassed, and the existence of a state monopoly on TV and radio, as well as the existence of censorship and selfcensorship in the media, and the overall independence of media as well as the difficulties that foreign reporters may face. The Committee to Protect Journalists (CPJ) uses the tools of journalism to help journalists by tracking press freedom issues through independent research, fact-finding missions, and firsthand contacts in the field, including local working journalists in countries around the world. CPJ shares information on breaking cases with other press freedom organizations worldwide through the International Freedom of Expression Exchange, a global e-mail network. CPJ also tracks journalist deaths and detentions. CPJ staff applies strict criteria for each case; researchers independently investigate and verify the circumstances behind each death or imprisonment.

Freedom House likewise studies the more general political and economic environments of each nation in order to determine whether relationships of dependence exist that limit in practice the level of press freedom that might exist in theory. So the concept of independence of the press is one closely linked with the concept of press freedom.

WORLDWIDE PRESS FREEDOM INDEX

Every year, Reporters Without Borders establishes a ranking of countries in terms of their freedom of the press. The Worldwide press freedom index list is based on responses to surveys sent to journalists that are members of partner organisations of the RWB, as well as related specialists such as researchers, jurists and human rights activists. The survey asks questions about direct attacks on journalists and the media as well as other indirect sources of pressure against the free press, such as non-governmental groups. RWB is careful to note that the index only deals with press freedom, and does not measure the quality of journalism. In 2010, the countries where press was the most free were Finland, Iceland, Netherlands, Norway and Sweden. The country with the least degree of press freedom was Eritrea, followed by North Korea, Turkmenistan, Iran and Myanmar (Burma).
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FREEDOM OF THE PRESS

FREEDOM OF THE PRESS IS A YEARLY REPORT BY US-BASED NON-GOVERNMENTAL ORGANIZATION FREEDOM HOUSE, MEASURING THE LEVEL OF FREEDOM AND EDITORIAL INDEPENDENCE ENJOYED BY THE PRESS IN EVERY
NATION AND SIGNIFICANT DISPUTED TERRITORIES AROUND THE WORLD. LEVELS OF FREEDOM ARE SCORED ON A SCALE FROM 1 (MOST FREE) TO 100 (LEAST FREE). DEPENDING ON THE BASICS, THE NATIONS ARE THEN CLASSIFIED AS "FREE", "PARTLY FREE", OR "NOT FREE".

IN 2009 ICELAND, NORWAY, FINLAND, DENMARK, AND SWEDEN TOPPED THE LIST WITH NORTH KOREA, TURKMENISTAN, MYANMAR (BURMA), LIBYA, ERITREA AT THE BOTTOM. [EDIT]NON-DEMOCRATIC STATES ACCORDING TO REPORTERS W ITHOUT BORDERS, MORE THAN A THIRD OF THE WORLD'S PEOPLE LIVE IN
COUNTRIES WHERE THERE IS NO PRESS FREEDOM. OVERWHELMINGLY, THESE PEOPLE LIVE IN COUNTRIES WHERE THERE IS NO SYSTEM OF DEMOCRACY OR WHERE THERE ARE SERIOUS DEFICIENCIES IN THE DEMOCRATIC PROCESS. FREEDOM OF THE PRESS IS AN EXTREMELY PROBLEMATIC PROBLEM/CONCEPT FOR MOST NONDEMOCRATIC SYSTEMS OF GOVERNMENT SINCE, IN THE MODERN AGE, STRICT CONTROL OF ACCESS TO INFORMATION IS CRITICAL TO THE EXISTENCE OF MOST NON-DEMOCRATIC GOVERNMENTS AND THEIR ASSOCIATED CONTROL SYSTEMS AND SECURITY APPARATUS. TO THIS END, MOST NON-DEMOCRATIC SOCIETIES EMPLOY STATERUN NEWS ORGANIZATIONS TO PROMOTE THE PROPAGANDA CRITICAL TO MAINTAINING AN EXISTING POLITICAL POWER BASE AND SUPPRESS (OFTEN VERY BRUTALLY, THROUGH THE USE OF POLICE, MILITARY, OR INTELLIGENCE AGENCIES) ANY SIGNIFICANT ATTEMPTS BY THE MEDIA OR INDIVIDUAL JOURNALISTS TO CHALLENGE THE APPROVED

"GOVERNMENT LINE" ON CONTENTIOUS ISSUES. IN SUCH COUNTRIES, JOURNALISTS OPERATING ON THE FRINGES
OF WHAT IS DEEMED TO BE ACCEPTABLE WILL VERY OFTEN FIND THEMSELVES THE SUBJECT OF CONSIDERABLE INTIMIDATION BY AGENTS OF THE STATE. THIS CAN RANGE FROM SIMPLE THREATS TO THEIR PROFESSIONAL CAREERS (FIRING, PROFESSIONAL BLACKLISTING) TO DEATH THREATS, KIDNAPPING, TORTURE, AND ASSASSINATION. REPORTERS W ITHOUT BORDERS REPORTS THAT, IN 2003, 42 JOURNALISTS LOST THEIR LIVES PURSUING THEIR PROFESSION AND THAT, IN THE SAME YEAR, AT LEAST 130 JOURNALISTS WERE IN PRISON AS A RESULT OF THEIR OCCUPATIONAL ACTIVITIES. IN 2005, 63 JOURNALISTS AND 5 MEDIA ASSISTANTS WERE KILLED WORLDWIDE.

The Lira Baysetova case in Kazakhstan. In Nepal, Eritrea and China (mainland only), journalists may spend years in jail simply for using the "wrong" word or photo.
[2] [citation needed]

The Georgiy R. Gongadze case in Ukraine

ACCORDING TO THE PRESS FREEDOM INDEX FOR 2007, IRAN RANKED 166TH OUT OF 169 NATIONS. ONLY THREE
OTHER COUNTRIES -

ERITREA, NORTH KOREA AND TURKMENISTAN - HAD MORE RESTRICTIONS ON NEWS MEDIA
[3]

FREEDOM THAN IRAN.

THE GOVERNMENT OF ALI KHAMENEI AND THE SUPREME NATIONAL SECURITY

COUNCIL HAD IMPRISONED 50 JOURNALISTS IN 2007 AND HAD ALL BUT ELIMINATED PRESS
FREEDOM.
[4]

REPORTERS W ITHOUT BORDERS (RWB) HAS DUBBED IRAN THE "MIDDLE EAST'S BIGGEST PRISON
[5]

FOR JOURNALISTS."

[EDIT]REGIONS CLOSED TO FOREIGN REPORTERS Chechnya, Russia Myanmar (Burma) Jammu & Kashmir, India Waziristan, Pakistan Agadez, Niger North Korea
[8] [7] [6]

[edit]History [EDIT]ENGLAND THE GLORIOUS REVOLUTION OF 1688 IN ENGLAND ESTABLISHED PARLIAMENTARY SOVEREIGNTY OVER THE CROWN AND, ABOVE ALL, THE RIGHT OF REVOLUTION. A MAJOR CONTRIBUTOR TO W ESTERN LIBERAL
THEORY WAS JOHN LOCKE. LOCKE ARGUED IN

TWO TREATISES OF GOVERNMENT THAT THE INDIVIDUAL PLACED

SOME OF HIS RIGHTS PRESENT IN THE STATE OF NATURE IN TRUSTEESHIP WITH THE SOVEREIGN (GOVERNMENT)

IN RETURN FOR PROTECTION OF CERTAIN NATURAL INDIVIDUAL RIGHTS. A SOCIAL CONTRACT WAS ENTERED INTO BY THE PEOPLE.

FIRST PAGE OF JOHN MILTON'S 1644 EDITION OF AREOPAGITICA

UNTIL 1694, ENGLAND HAD AN ELABORATE SYSTEM OF LICENSING. NO PUBLICATION WAS ALLOWED WITHOUT THE
ACCOMPANIMENT OF A GOVERNMENT-GRANTED LICENSE. FIFTY YEARS EARLIER, AT A TIME OF CIVIL WAR, JOHN

MILTON WROTE HIS PAMPHLET AREOPAGITICA. IN THIS WORK MILTON ARGUED FORCEFULLY AGAINST THIS FORM
OF GOVERNMENT CENSORSHIP AND PARODIED THE IDEA, WRITING "WHEN AS DEBTORS AND DELINQUENTS MAY WALK ABROAD WITHOUT A KEEPER, BUT UNOFFENSIVE BOOKS MUST NOT STIR FORTH WITHOUT A VISIBLE JAILER IN THEIR TITLE." ALTHOUGH AT THE TIME IT DID LITTLE TO HALT THE PRACTICE OF LICENSING, IT WOULD BE VIEWED LATER A SIGNIFICANT MILESTONE AS ONE OF THE MOST ELOQUENT DEFENSES OF PRESS FREEDOM.

MILTON'S CENTRAL ARGUMENT WAS THAT THE INDIVIDUAL IS CAPABLE OF USING REASON AND DISTINGUISHING
RIGHT FROM WRONG, GOOD FROM BAD. IN ORDER TO BE ABLE TO EXERCISE THIS RATION RIGHT, THE INDIVIDUAL MUST HAVE UNLIMITED ACCESS TO THE IDEAS OF HIS FELLOW MEN IN A FREE AND OPEN ENCOUNTER." FROM

MILTON'S WRITINGS DEVELOPED THE CONCEPT OF THE OPENMARKETPLACE OF IDEAS, THE IDEA THAT WHEN
PEOPLE ARGUE AGAINST EACH OTHER, THE GOOD ARGUMENTS WILL PREVAIL. ONE FORM OF SPEECH THAT WAS WIDELY RESTRICTED IN ENGLAND WAS SEDITIOUS LIBEL, AND LAWS WERE IN PLACE THAT MADE CRITICIZING THE GOVERNMENT A CRIME. THE KING WAS ABOVE PUBLIC CRITICISM AND STATEMENTS CRITICAL OF THE GOVERNMENT WERE FORBIDDEN, ACCORDING TO THE ENGLISH COURT OF THE

STAR CHAMBER. TRUTH WAS NOT A DEFENSE TO

SEDITIOUS LIBEL BECAUSE THE GOAL WAS TO PREVENT AND PUNISH ALL CONDEMNATION OF THE GOVERNMENT.

JOHN STUART MILL APPROACHED THE PROBLEM OF AUTHORITY VERSUS LIBERTY FROM THE VIEWPOINT OF A 19TH
CENTURY UTILITARIAN: THE INDIVIDUAL HAS THE RIGHT OF EXPRESSING HIMSELF SO LONG AS HE DOES NOT HARM OTHER INDIVIDUALS. THE GOOD SOCIETY IS ONE IN WHICH THE GREATEST NUMBER OF PERSONS ENJOY THE GREATEST POSSIBLE AMOUNT OF HAPPINESS. APPLYING THESE GENERAL PRINCIPLES OF LIBERTY TO FREEDOM OF EXPRESSION, MILL STATES THAT IF WE SILENCE AN OPINION, WE MAY SILENCE THE TRUTH. THE INDIVIDUAL FREEDOM OF EXPRESSION IS THEREFORE ESSENTIAL TO THE WELL-BEING OF SOCIETY.

MILLS APPLICATION OF THE GENERAL PRINCIPLES OF LIBERTY IS EXPRESSED IN HIS BOOK ON LIBERTY: "IF ALL
MANKIND MINUS ONE, WERE OF ONE OPINION, AND ONE, AND ONLY ONE PERSON WERE OF THE CONTRARY OPINION, MANKIND WOULD BE NO MORE JUSTIFIED IN SILENCING THAT ONE PERSON, THAN HE, IF HE HAD THE POWER, WOULD BE JUSTIFIED IN SILENCING MANKIND".

[EDIT]INDIA THE INDIAN CONSTITUTION, WHILE NOT MENTIONING THE WORD "PRESS", PROVIDES FOR "THE RIGHT TO FREEDOM
OF SPEECH AND EXPRESSION"

(ARTICLE 19(1) A). HOWEVER THIS RIGHT IS SUBJECT TO RESTRICTIONS UNDER

SUB CLAUSE (2), WHEREBY THIS FREEDOM CAN BE RESTRICTED FOR REASONS OF "SOVEREIGNTY AND INTEGRITY

OF INDIA, THE SECURITY OF THE STATE, FRIENDLY RELATIONS WITH FOREIGN STATES, PUBLIC ORDER, PRESERVING DECENCY, PRESERVING MORALITY, IN RELATION TO CONTEMPT, COURT, DEFAMATION, OR INCITEMENT TO AN OFFENSE". LAWS SUCH AS THE

OFFICIAL SECRETS ACT AND PREVENTION OF TERRORIST

ACTIVITIES ACT

[9]

(POTA) HAVE BEEN USED TO LIMIT PRESS FREEDOM. UNDER POTA, PERSON COULD BE

DETAINED FOR UP TO SIX MONTHS FOR BEING IN CONTACT WITH A TERRORIST OR TERRORIST GROUP. POTA WAS REPEALED IN 2006, BUT THE OFFICIAL SECRETS ACT 1923 CONTINUES.

FOR THE FIRST HALF-CENTURY OF INDEPENDENCE, MEDIA CONTROL BY THE STATE WAS THE MAJOR CONSTRAINT
ON PRESS FREEDOM. INDIRA GANDHI FAMOUSLY STATED IN 1975 THAT ORGAN, IT IS GOING TO REMAIN A GOVERNMENT ORGAN..."
[10]

ALL INDIA RADIO IS "A GOVERNMENT

W ITH THE LIBERALIZATION STARTING IN THE 1990S,

PRIVATE CONTROL OF MEDIA HAS BURGEONED, LEADING TO INCREASING INDEPENDENCE AND GREATER SCRUTINY OF GOVERNMENT. ORGANIZATIONS LIKE

CNN-IBN, NDTV AND TIMES NOW HAVE BEEN PARTICULARLY HARYANA MINISTER VENOD SHARMA.
[11]

INFLUENTIAL, E.G. IN BRINGING ABOUT THE RESIGNATION OF POWERFUL

[EDIT]NAZI GERMANY (1933-1945) IN 1933 FREEDOM OF THE PRESS WAS SUPPRESSED IN GERMANY BY THE REICHSTAG FIRE DECREE OF PRESIDENT PAUL VON HINDENBURG, JUST AS ADOLF HITLER WAS COMING TO POWER. HITLER LARGELY
SUPPRESSED FREEDOM OF THE PRESS THROUGH JOSEPH GOEBBELS'

MINISTRY OF PUBLIC ENLIGHTENMENT AND

PROPAGANDA. AS THE MINISTRY'S NAME IMPLIES, PROPAGANDA DID NOT CARRY THE NEGATIVE CONNOTATIONS
THAT IT DOES TODAY (OR DID IN THE ALLIED COUNTRIES); HOW-TO MANUALS WERE OPENLY DISTRIBUTED BY THAT SAME MINISTRY EXPLAINING THE CRAFT OF EFFECTIVE PROPAGANDA. THE MINISTRY ALSO ACTED AS A CENTRAL CONTROL-POINT FOR ALL MEDIA, ISSUING ORDERS AS TO WHAT STORIES COULD BE RUN AND WHAT STORIES WOULD BE SUPPRESSED. ANYONE INVOLVED IN THE FILM INDUSTRYFROM DIRECTORS TO THE LOWLIEST ASSISTANTHAD TO SIGN AN OATH OF LOYALTY TO THE

NAZI PARTY, DUE TO OPINION-CHANGING POWER

GOEBBELS PERCEIVED MOVIES TO HAVE. (GOEBBELS HIMSELF MAINTAINED SOME PERSONAL CONTROL OVER
EVERY SINGLE FILM MADE IN NAZI EUROPE.) JOURNALISTS WHO CROSSED THE PROPAGANDA MINISTRY WERE ROUTINELY IMPRISONED OR SHOT AS TRAITORS. THE

SICHERHEITSDIENST AND OTHER NAZI POLICE W HITE

ORGANIZATIONS ALSO CREATED A NETWORK OF INTERNAL, DOMESTIC SPYING, SO THAT FOR EXAMPLE, THE

ROSE SOCIETY WAS IN CONSTANT FEAR OF DISCOVERY AND EXECUTION. [EDIT]POLAND AND LITHUANIA FREEDOM OF PRESS LAWS ARE FIRST PASSED IN THE POLISHLITHUANIAN COMMONWEALTH IN 1539. [EDIT]SWEDEN-FINLAND THE WORLD'S FIRST FREEDOM OF THE PRESS ACT WAS INTRODUCED IN SWEDEN-FINLAND IN 1766, MAINLY DUE
TO CLASSICAL LIBERAL MEMBER OF PARLIAMENT
[12]

ANDERS CHYDENIUS.

[13][14][15][16][17]

[EDIT]DENMARKNORWAY

BETWEEN SEPTEMBER 4, 1770 AND OCTOBER 7, 1771 THE KINGDOM OF DENMARKNORWAY HAD THE MOST
UNRESTRICTED FREEDOM OF PRESS OF ANY COUNTRY IN

EUROPE. THIS OCCURRED DURING THE REGIME

OF JOHANN FRIEDRICH STRUENSEE, WHOSE FIRST ACT WAS TO ABOLISH THE OLD CENSORSHIP LAWS. HOWEVER, DUE TO THE GREAT AMOUNT OF MOSTLY ANONYMOUS PAMPHLETS PUBLISHED THAT WAS CRITICAL AND OFTEN SLANDEROUS TOWARDS STRUENSEE'S OWN REGIME, HE REINSTATED SOME RESTRICTIONS REGARDING THE FREEDOM OF PRESS A YEAR LATER, OCTOBER 7, 1771.
[18]

[edit]Implications

of new technologies

MANY OF THE TRADITIONAL MEANS OF DELIVERING INFORMATION ARE BEING SLOWLY SUPERSEDED BY THE
INCREASING PACE OF MODERN TECHNOLOGICAL ADVANCE. ALMOST EVERY CONVENTIONAL MODE OF MEDIA AND INFORMATION DISSEMINATION HAS A MODERN COUNTERPART THAT OFFERS SIGNIFICANT POTENTIAL ADVANTAGES TO JOURNALISTS SEEKING TO MAINTAIN AND ENHANCE THEIR 'FREEDOM OF SPEECH'. A FEW SIMPLE EXAMPLES OF SUCH PHENOMENA INCLUDE:

Satellite television versus terrestrial television: Whilst terrestrial television is relatively easy to manage and manipulate, satellite television is much more difficult to control as journalistic content can easily be broadcast from other jurisdictions beyond the control of individual governments. An example of this in the Middle East is the satellite broadcaster Al Jazeera. This Arabic language media channel operates out of Qatar, whose government is relatively liberal with respect to many of its neighboring states. As such, its views and content are often problematic to a number of governments in the region and beyond. However, because of the increased affordability and miniaturisation of satellite technology (e.g. dishes and receivers) it is simply not practicable for most states to control popular access to the channel.

Web-based publishing (e.g., blogging) vs. traditional publishing: Traditional magazines and newspapers rely on physical resources (e.g. offices, printing presses) that can easily be targeted and forced to close down. Web-based publishing systems can be run using ubiquitous and inexpensive equipment and can operate from any global jurisdiction. To get control over web publications, nations and organisations are using Geolocation and Geolocation software
[citation needed]

Voice over Internet protocol (VOIP) vs. conventional telephony: Although conventional telephony systems are easily tapped and recorded, modern VOIP technology can employ sophisticated encryption systems to evade central monitoring systems. As VOIP and similar technologies become more widespread they are likely to make the effective monitoring of journalists (and their contacts and activities) a very difficult task for governments.

NATURALLY, GOVERNMENTS ARE RESPONDING TO THE CHALLENGES POSED BY NEW MEDIA TECHNOLOGIES BY
DEPLOYING INCREASINGLY SOPHISTICATED TECHNOLOGY OF THEIR OWN (A NOTABLE EXAMPLE BEING CHINA'S ATTEMPTS TO IMPOSE CONTROL THROUGH A STATE RUN INTERNET SERVICE PROVIDER THAT CONTROLS ACCESS

TO THE INTERNET) BUT IT SEEMS THAT THIS WILL BECOME AN EVER INCREASINGLY DIFFICULT TASK AS JOURNALISTS CONTINUE TO FIND NEW WAYS TO EXPLOIT TECHNOLOGY AND STAY ONE STEP AHEAD OF THE GENERALLY SLOWER MOVING GOVERNMENT INSTITUTIONS THAT ATTEMPT TO CENSOR THEM.

IN MAY 2010, U.S. PRESIDENT BARACK OBAMA SIGNED LEGISLATION INTENDED TO PROMOTE A FREE PRESS
AROUND THE WORLD, A BIPARTISAN MEASURE INSPIRED BY THE MURDER IN THE

PAKISTAN OF DANIEL PEARL,

WALL STREET JOURNAL REPORTER, SHORTLY AFTER THE SEPTEMBER 11 ATTACKS IN 2001. THE DANIEL PEARL FREEDOM OF THE PRESS ACT, REQUIRES THE UNITED STATES
[19]

LEGISLATION, CALLED THE

DEPARTMENT OF STATE TO EXPAND ITS SCRUTINY OF NEWS MEDIA RESTRICTIONS AND INTIMIDATION AS PART OF
ITS ANNUAL REVIEW OF HUMAN RIGHTS IN EACH COUNTRY.

[edit]Organizations

for press freedom

WORLD PRESS FREEDOM COMMITTEE

THE WORLD PRESS FREEDOM COMMITTEE (WPFC) IS A COORDINATION GROUP OF NATIONAL AND
INTERNATIONAL NEWS MEDIA ORGANIZATIONS.
[1]

THE WPFC SET OUT GLOBAL PRESS FREEDOM PRINCIPLES IN THE 1981 DECLARATION OF TALLOIRES
BE CONFUSED WITH THE
[3]

[2]

(NOT TO

TALLOIRES DECLARATION), FOLLOWED IN 1987 BY THE 10-POINT CHARTER FOR A FREE

[CITATION

PRESS. IN 1985, IT PRODUCED A SURVEY OF KILLINGS, ARRESTS, AND HARASSMENT OF JOURNALISTS.

NEEDED]

[edit]Goals ORIGINALLY CREATED TO WAGE AN EVENTUALLY SUCCESSFUL GLOBAL STRUGGLE IN AND

AROUND INTERGOVERNMENTAL ORGANIZATIONS TO BEAT BACK AUTHORITARIAN PROPOSALS FOR A RESTRICTIVE

"NEW WORLD INFORMATION AND COMMUNICATION ORDER", THE WPFC HAS GONE ON TO: Administer the only global program for systematically monitoring press freedom issues at UNESCO, the UN, and other intergovernmental organizations on behalf of press freedom groups. Work in intergovernmental forums to extend press freedom principles of traditional news media to the World Wide Web and Direct Satellite Broadcasting (Press Freedom on the Internet and New Media Conference). Coordinate joint activities for a front line grouping 9 major global free press organizations, the Coordinating Committee of Press Freedom Organizations. Conduct international conferences in 2003 (New York) and 2007 (Paris) to combat controls on news content in the new media, and to expose press censorship and surveillance by repressive regimes (It's A Crime: How Insult Laws Stifle Press Freedom and Does China Hope to Remap the Internet in its Own Image?).

Present an exposition of the case that press freedom is a motor for economic development. Set out the first analysis (New Code Words for Censorship) of post-Cold War code words that can mask censorship practices.

Conduct the first world study of insult laws that shield authorities from press scrutiny and a 2006 update of such laws. A brief overview of the earlier publication "Hiding from the People" is available in English and Spanish. WPFC also produced a unique model legal brief currently being used by lawyers around the world to assist journalists and media under legal attack for doing their jobs. The amicus curiae brief is available free of charge to demonstrate to courts that insult laws violate the human rights conventions to which the international community has subscribed. Its available in both English and Spanish.

Present the first world survey of journalism training opportunities for developing journalists. Provide essential legal arguments to win the first decision by an international human rights court saying mandatory licensing of journalists violates human rights law.

Produce 56 publications, including the first regionally oriented general journalism training manuals in local languages for journalists of the Caribbean and Eastern Europe and similar handbooks in English and French for African journalists.

Propose and administer the first joint program by world free press groups to provide local lawyers for journalists facing prosecution in national courts, through a Fund Against Censorship.

Present a study showing how restrictive principles in generally beneficial human rights conventions can be used to hobble journalists and news media.

Produce the first surveys of practical needs of emerging free press outlets in the former Soviet bloc, and hold the first general conference of NGOs on mobilizing resources to meet these needs.

To establish public opinion against ragging To dispel the myths about ragging through research and advocacy To present a platform for every individual who wishes to share his/her opinion against ragging CURE was started as a discussion forum on Yahoo! in 2001 but soon launched its website to create awareness against ragging. CURE website receives an average of 50-100 hits everyday. CURE has a network of activist in several major cities and colleges across India.

CURE has been exclusively engaged in research and advocacy on ragging since past six years. Featured in several major news channels and newspapers in the country Conceptualized and anchored a show on ragging for Doordarshan Have participated in several discussion panels and seminars on ragging Annual newsletters are distributed through the network of volunteers CURE website and its research work have been referred by many institutions and individuals CURE has a database of ragging incidents for the last 10 years Ragging A traditional and systematical human rights abuse practiced by seniors upon freshers. Forms of ragging may vary from a healthy and mild Interaction to a severe physical and traumatic mental abuse leading to victims death. Though it was practised all around the world but is now confined mainly to South-Asia. History of Ragging... 1

Started in its mild form in the 8 th century A.D. during the Olympics in Greece. Later the armed forces of several countries started practicing this ritual. During the 18 th century several students organizations were formed in the Europe and the US and started practicing this with the new entrants in their

community in its mild form. During the world war I ragging underwent a massive transformation. Students who returned from war and rejoined college brought with them the techniques of severe form of ragging practiced in army camps. Gradually in the 20th century ragging related violence started to escalate in the west. Soon it became a tool to take out revenge between the Blacks and Whites. Ragging came to India during the British Empire and was practiced mainly in the army and English public schools. Till the early 70s it remained in its mild form. From 1980 onwards media played a vital role in influencing ragging in India and it gradually became brutal in its form. Rapid mushrooming of private engineering and medical colleges during the 90s made ragging more rampant and severe. South India became the hub of this activity. In 1997, Tamil Nadu became the first state to bring a legislation against ragging. Around the World Ragging is termed with different names in different parts of the world eg. Hazing, fagging, pledging horse-playing, bullying etc. First ragging related death occurred in 1873 in Cornell University in the US. Ragging became a major problem in the west after world war I. It started to decrease in 70s and 80s. Strict laws were made and Universities and Colleges devised alternative methods of interaction. Bullying, a milder form of ragging is still being practiced in some schools in the west . It involves teasing of students coming from different backgrounds. Effects of Ragging Physical injury through beating, hitting by objects or by forcing to perform dangerous tasks Sexual abuse by forced stripping, masturbation, forced unnatural sex etc.

Psychological trauma generated because of intense fear. Human Rights abuse Forceful initiation to alcoholism, smoking and drugs Dropping out from college Group Violence Leads to mob mentality & violent mindset Deaths Myths and Facts... 1

Myth Ragging makes a student bold and prepares us for the difficult circumstances in Life. It makes us strong. Fact Boldness as instilled by ragging is a weak acceptance of fate by victims. It teaches us how to be exploited and mutely, non-resistively accept it. Myth Ragging helps in breaking the ice between the seniors and freshers. It helps in their interaction and developing friendship between them. Fact Ragging is an archaic method of interaction with several harmful effects. Today with advance psychological science there are many other healthy ways of interaction which are more effective and without any human rights abuse. Myth Ragging generates a feeling of unity and Oneness. Fact Ragging divides the students on the lines of caste, region, class etc. It sets mob mentality in the students. Myth Severe Ragging is not prevalent anymore. Fact Severe ragging is widely prevalent in most of the college hostels. There have been more than 25 deaths due to ragging in last 7 years. The problem is not yet solved, it is just hidden. Myth After the ban on ragging, colleges have geared up against it. Fact Many colleges now try their best to keep the incident under the cover to save

themselves from embarrassment and the reputation of the college. The Psychology Behind Ragging Discrimination based on caste, region, language, class etc plays a vital role in influencing it, especially in small cities and towns. Ragging is used as a measuring rod to test the courage of the seniors. Many seniors who are reluctant to rag, finally succumb to peer pressure. Many seniors rag just to stay in their group of friends. In many instances it starts as a healthy interaction but due to adrenaline rush and excitement in the group the seniors get carried away and ragging turns ugly. Students consider ragging as an old ritual having social acceptance. The Vicious Circle Students believe that they were ragged so they have the right to rag their juniors. Students believe that it is the only way by which seniors and freshers can interact. Students are inculcated with the logic that seniors who rag them will help them later. Students feel that they are familiar with their seniors only because they were ragged and thus it ensures the legacy of ragging. Every student has a different level of emotional sensitivity. Students are unaware of this and they expect that what they have gone through during their ragging must be endured by their freshers too. The Vicious Circle

Students believe that they were ragged so they have the right to rag their juniors. Students believe that it is the only way by which seniors and freshers can interact. Students are inculcated with the logic that seniors who rag them will help them later. Students feel that they are familiar with their seniors only because they were ragged and thus it ensures the legacy of ragging. Every student has a different level of emotional sensitivity. Students are unaware of this

and they expect that what they have gone through during their ragging must be endured by their freshers too. The Denial Ragging is not considered a social evil. Colleges deny its acceptance in campus for their good reputation and to avoid the possibility of strike and hooliganism by students. Most people have indulged in it as seniors and later justify it morally. People consider ragging as simple teasing, dancing etc. as usually portrayed by the media and doesnt know its real extent in hostels. If people come across any severe case of ragging they take it as an exception. Many a times when a ragging incident is reported, then since it involves a severe punishment, it generates sympathy towards the senior and leads to compromise and suppression of the case. Possible Solutions... The Hard Approach More accountability of the college staff in case of any ragging incident. Surprise checks by the hostel warden especially during the nights. System of ragging complaint to be made friendlier and safer for the freshers. Faculty members to stay in close contact with the freshers and instill in them a sense of confidence. The Soft Approach... 1 1

Promote alternative methods of interactions eg. Dramas, community work, adventurous sports, short trips, evening games and gathering in the presence of hostel warden, Dance, Competitions, name game and various other activities devised by psycho-synthesis and human

behavior experts. Second year students must be sensitized about the evils of ragging and the various myths about it. Introduce the concept of sub-group mentorship, with few chosen seniors responsible for the well being of different groups of freshers. Create a massive nationwide awareness about ragging. In an event of severe ragging, victim must be given an option to change the college. Funding for intensive research on ragging. Efforts to be made to make ragging a social evil, by highlighting its ill-effects and thus establish a public opinion against it.