Aum Gung
Ganapathaye Namah
Namo tassa bhagavato arahato samma-sambuddhassa
Homage to The Blessed One, Accomplished and
Fully Enlightened
In the name of Allah, Most Gracious, Most
Merciful
Cyber Laws
A Collection of Articles, Notes and References
References
(Revised: Thursday, September 20, 2007)
References Edited by
An Indian Yogi
What’s in a name? That
which we call a rose
By any other name would smell as sweet.
- William Shakespeare
Copyright © 2002-2010 An
Indian Yogi
The following educational writings are STRICTLY for
academic research purposes ONLY.
Should NOT be used for commercial, political or any
other purposes.
(The following notes are subject to update and
revision)
For free distribution only.
You may print copies of this work for free
distribution.
You may re-format and redistribute this work
for use on computers and computer networks, provided that you charge no fees for its
distribution or use.
Otherwise, all rights reserved.
8 "... Freely you received, freely give”.
- Matthew 10:8 :: New American
Standard Bible (NASB)
1 “But mark this: There
will be terrible times in the last days.
2 People will be lovers of themselves, lovers of money, boastful, proud, abusive, disobedient to their
parents, ungrateful, unholy,
3 without love, unforgiving, slanderous, without self-control, brutal, not lovers of the good,
4 treacherous, rash, conceited, lovers of pleasure rather
than lovers of God—
5 having a form of
godliness but denying its
power. Have nothing to do with them.
6 They are the kind who worm their way into homes and gain control over weak-willed women, who are loaded down with sins and are swayed by all
kinds of evil desires,
7 always
learning but never able
to acknowledge the truth.
8 Just as Jannes and Jambres opposed Moses,
so also these men oppose the
truth--men of
depraved minds, who, as far as
the faith is concerned, are rejected.
9 But they will not get very far because, as in the case of those
men, their folly
will be clear to everyone.”
- 2 Timothy 3:1-9 ::
New International Version (NIV)
6 As
he saith also in another place, Thou art a priest for ever after the order of Melchisedec.
- Hebrews 5:6 :: King James
Version (KJV)
Therefore, I say:
Know your
enemy and know yourself;
in a hundred
battles, you will never be defeated.
When you
are ignorant of the enemy but know yourself,
your chances of
winning or losing are equal.
If ignorant both of your
enemy and of yourself,
you are sure to be defeated in every battle.
-- Sun Tzu, The Art of War, c. 500bc
There are two ends not to
be served by a wanderer. What are these two? The pursuit of desires and of the pleasure which springs from desire,
which is base, common, leading to rebirth, ignoble, and unprofitable; and the pursuit of pain and
hardship, which is grievous, ignoble, and unprofitable.
- The Blessed One, Lord Buddha
Contents
Color Code
A Brief Word on Copyright
References
Educational Copy of Some of the References
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A
Brief Word on Copyright
Many of
the articles whose educational copies are given below are copyrighted by their
respective authors as well as the respective publishers. Some contain messages
of warning, as follows:
Republication or redissemination of the contents of this screen are
expressly prohibited
without the written consent of “so and so”.
According
to the concept of “fair use” in US copyright Law,
The reproduction,
redistribution and/or exploitation of any materials and/or content (data, text,
images, marks or logos) for personal or commercial gain is
not permitted. Provided the source is
cited, personal, educational and non-commercial use (as
defined by fair use in US copyright law) is permitted.
Moreover,
I
believe that satisfies the conditions for copyright and non-plagiarism.
References
Some of
the links may not be active (de-activated) due to various reasons, like removal of the
concerned information from the source database. So an educational copy is also
provided, along with the link.
If the
link is active, do cross-check/validate/confirm the educational copy of the
article provided along.
References
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_16.htm
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_21.htm
Charan, Anubha. (Tuesday, September 25, 2001) Can Email Put You In Jail?
http://www.rediff.com/search/2001/sep/25mail.htm
Gearan, Anne.
(Thursday, December 04,
2003) Breyer: Judges
struggle with tech cases.
http://seattlepi.nwsource.com/business/aptech_story.asp?category=1700&slug=Scotus%20Breyer
Lang, Thresa. (Wednesday,
September 04, 2002) Is Every Crime Becoming
a Cybercrime?
http://www.infosecnews.com/opinion/2002/09/04_04.htm
Meikle, Kate and Janz, Chris. (Tuesday, December 10, 2002) Ruling could close sites.
http://www.news.com.au/common/story_page/0,4057,5650115%5E2,00.html
Na. Vijayashankar. Justice
delayed is Justice denied
Na. Vijayashankar. Lawyers
wake up, the world around you has changed
Na. Vijayashankar. Will
the police come knocking at your doors ?
Na. Vijayashankar. Laws
that govern e-commerce in a global context
Nagpal, Shuchi. (Wednesday, April 02, 2003) Email: International Cyber
Crime Seminar at
Pelly, Michael. (Monday, December
08, 2003) Net threat to murder verdict.
http://www.theage.com.au/articles/2003/12/07/1070732070689.html
Preethi K. IT Bill '99:
Launch pad for e-commerce
Trivedi, Aditi. (Saturday, November 08, 2003) Email: Spoofed / faked SMS
messages.
Cyber crime scene in India
http://www.rediff.com/search/2003/feb/18crime.htm
Inomy Media Private Limited,
http://www.inomy.com/editor.asp
Memorandum from At-Large
Organizing Committee to ICANN Board. (Monday, December 9, 2002)
http://www.icann.org/correspondence/aloc-to-board-09dec02.htm
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Educational
Copy of Some of the References
FOR
EDUCATIONAL PURPOSES ONLY
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Reference
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_16.htm
Internet Publishers Caught in Legal Web
Joe Gutnick, a
multimillionaire and Australian goldmining magnate
(and rabbi), sued Dow Jones, publisher of the Wall Street Journal and Barrons, for defamation. Barrons
had carried an article alleging that Gutnick had been
involved in money laundering and tax evasion.
Everyone agrees that Rabbi Gutnick
deserves his day in court. The crucial question is,
which court? Will it be the Supreme Court in
The High Court of
The Australian decision would in principle require
any publisher with worldwide interests to water down the content of websites to
be in accord with 190 different legal systems. Anything that breaks local laws, could on this Australian reasoning, open the publisher
to suits. If the publisher is a news organisation
with local assets, such as an office building, these could be forfeit, even if
a judgment were unenforceable in the publisher's home country.
One of the Australian judges, Justice Callinan has stated that publishers are not obliged to
publish on the Internet. If the potential reach (of the
publication) is uncontrollable then the greater the need to exercise care in
publication.
He also expressed the view that Dow Jones was
attempting to impose on Australians an American legal hegemony in relation to
Internet publications.
But before Australians start cheering the victory of
local defamation laws over hegemonic, alien notions of free speech, they ought
to think hard about who the real losers from this decision will be. If the Gutnick decision stands, Dow Jones can follow either of two
strategies: first, it can have its articles and opinion pieces dealing with
Australian companies and businessmen vetted by Australian lawyers before
publication in order to fit Australian defamation law. This would be awkward
and very expensive.
Alternatively, Dow Jones can continue its practice
of robust reporting of Australian business, but do its best to block Internet
access into Australian jurisdictions, so it is not seen as intentionally
publishing in
It would make much better sense for Dow Jones to
follow this second path, offering information which is protected by the First
Amendment in the
But now, an Australian investor will face an
unsettling, potentially disastrous situation. Suppose Dow Jones, which is after
all the most important business and financial information source in the world,
uncovers dirt about some Australian tycoon that would incline investors to dump
shares in the tycoon's company. Dow Jones will send the information (via an
email alert or a Wall Street Journal article) worldwide except to
(Reference:
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Reference
http://www.asianlaws.org/cyberlaw/newsletter/issues/cl_nl_21.htm
Legal Issues Raised Over Wiretapping Internet Calls
The Voice over Internet Protocol (VoIP) transfers communications over the Internet rather
than through the PSTN (public switched telephone network).
The Federal Burerau of
Investigation (FBI) is seeking regulatory action that includes VoIP communications so as to facilitate surveillance
associated with criminal activities and terrorism. Technology to transfer voice
communications via the Internet was not addressed by the Communications
Assistance for Law Enforcement Act of 1994 in
Privacy advocates are monitoring this
issue as
broadband phone companies such as Vonage and
Net2Phones have indicated their intention to cooperate with the government in
surveillance efforts.
(Reference:
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Reference
Charan, Anubha. (Tuesday, September 25, 2001) Can Email Put You In Jail?
http://www.rediff.com/search/2001/sep/25mail.htm
Recent changes in the Indian Evidence Act, 1872 and
the introduction of the Information Technology Act, 2000 have made email
admissible as evidence in a court of law. Even informal or hastily expressed messages might
well create a formal contract or agreement, leading to a situation where even the most
innocuous of emails may mean big trouble for a firm.
…
The most common disclaimer is the one warning
readers that the email is confidential, and "if you have received it in
error, please delete it from your system, do not use or disclose the
information in any way, and please notify me immediately." In doing so,
companies hope to protect themselves against being sued for breach of privacy
or confidentiality from emails that go astray, placing the responsibility on
the receiver.
The question is, will these disclaimers actually
hold up in court?
Most advocates feel that a disclaimer can only
create a false sense of security, and have only dubious legal value. The most
it can hope to achieve is notify recipients that the
contents are confidential; it cannot impose any obligation on them to act in a
certain way. Courts usually attach more weight to the
substantive content of the communication and circumstances in which it is
made
than to the disclaimer.
It is also argued that as email can be easily encrypted, or digitally signed, using a disclaimer is meaningless because "due
care" has obviously not been taken.
…
Advocate Anand Gupta says
he would
advise clients to add a disclaimer only when it really matters: "Otherwise, all you
are doing is telling people that your disclaimers are to be ignored at all
times. You can seldom hurt yourself by including some kind of disclaimer, but
you have to be careful not to depend on them to solve all your legal
problems."
Thus, a disclaimer may not be able to completely
absolve you of liability in a court of law if you were unlucky enough to be
sued for the contents of an email. Used cautiously, however, it may add
some weight to the warning it conveys, and can provide a useful argument in
your defence.
If nothing else, by its mere presence,
it may well prevent someone from dragging you to the court in the first place!
(Reference: Charan, Anubha. (Tuesday,
September 25, 2001)
Can Email Put You In
Jail?
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Reference
Gearan, Anne.
(Thursday, December 04,
2003) Breyer: Judges
struggle with tech cases.
http://seattlepi.nwsource.com/business/aptech_story.asp?category=1700&slug=Scotus%20Breyer
Thursday,
December 4, 2003 · Last updated 11:29 p.m. PT
Breyer:
Judges struggle with tech cases
By
ANNE GEARAN
ASSOCIATED
PRESS WRITER
WASHINGTON
-- The Supreme Coourt is rightly made up of nine
generalists, but tackling arcane subjects can tax judges without specialties or
expertise in scientific or technical fields, Supreme Court Justice Stephen Breyer said Thursday.
Judges should not throw up their hands when confronted with highly
technical subjects, such as government regulation of telecommunications or
information technology, Breyer
said. But neither should they develop narrow specialties.
"Review
by generalist judges brings a certain lay common sense to technical decisions
and a necessary degree of coherence to the law," Breyer
told an audience at the American Enterprise Institute, an economic think tank.
Lower
courts might make wider use of independent experts to help sort out complex
cases, but the Supreme Court should not do so, Breyer
said.
"We
each participate fully in each judicial decision. We believe we are appointed
to exercise our own judgment, and each of us takes full responsibility for his
or her decision in each case," Breyer said.
He
added that outside experts who might be hired by lower courts would undoubtedly
make some mistakes and should not be considered infallible.
Breyer
cited several examples from among cases the court has recently decided that
involved complicated government regulation. Often, Breyer
said, it is difficult to convince his colleagues that a detailed economic
analysis will help the court reach a decision.
"But
it's a little better than the status quo which too often is what I call 'flying
blind,'" he said.
Breyer
urged further study by the American Bar Association and scientific and
professional organizations.
(Reference: Gearan, Anne.
(Thursday, December 04,
2003) Breyer: Judges struggle with tech cases.
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Reference
Lang, Thresa. (Wednesday,
September 04, 2002) Is Every Crime Becoming
a Cybercrime?
http://www.infosecnews.com/opinion/2002/09/04_04.htm
Wednesday,
September 4th, 2002
Is
Every Crime Becoming a Cybercrime?
by
Thresa Lang
At
first glance, it seems obvious that crime extends well beyond the boundaries of
technology and computers. However, a closer analysis illuminates some related
issues. These include questions concerning what cybercrimes
consist of, how serious a threat they are to organizations, and who can handle
an incident without causing even more complications.
Advances
in technology have allowed criminals to create whole new categories of offenses
such as cracking and performing unlawful network intrusions. Also, the use of
technology to facilitate more ‘traditional’ crimes, such as fraud, is becoming
more common due to the relative ease with which a moderately proficient
criminal can remain anonymous while perpetrating a ‘cybercrime.’
This approach is subtle, and a basic understanding of computer crime is
necessary in order to plan sufficient protection for your personal or
organizational assets.
Although
specific offenses may vary widely between jurisdictions, here cybercrime is broken into three general and frequently
overlapping categories:
1.
A computer can be the target.
2.
A computer can be used as the means of a crime.
3.
A computer holds the evidence of a crime.
The
first category will include offenses such as theft of intellectual property and
sensitive or proprietary information. This is generally considered to be
information that has potential monetary value to the company. However, there
may be another complication. According to the
This
category also includes corporate espionage, and the violation of privacy
(concerning anything from financial records to family medical history, which
has become more complicated in the
The
second type includes credit card fraud, stalking, extortion, forgery, ATM
fraud, identity theft and telecommunications fraud.
Other crimes in this category actually require the existence of technology in
order for a crime to occur at all. This area includes software piracy, hardware
and software theft, copyright, patent and trademark violations of Internet
material (here think Amazon.com vs. BarnesAndNoble.com as well as Napster), web
site defacement, the spreading of computer viruses and worms, and
denial-of-service attacks.
In
the final category, the crime may not directly require the use of the computer,
but is ancillary to it. Examples for this category may include anything on
storage media that may relate to a crime or be used as evidence. Information
concerning drug selling, malfeasance, bookmaking and money laundering usually
falls in this category.
The
categories above show that cybercrime has already
encompassed most of the traditional areas of crime, and the continued growth of
computer use in all areas of life lends support to the idea that at some point,
category number three will contain a majority of those remaining.
In
2000 the International Data Corporation (IDG) reported that the
In
both January and March of this year IDG reported increases in firms that are
either sending employees to get trained in forensic techniques or calling in
experts to perform investigations for them. These are excellent options in that
it is vital to have fully trained forensic examiners handle any incident.
However, those companies that are neither turning to law enforcement nor their
own trained internal personnel to take care of incidents should proceed
carefully when ‘outsourcing’ this type of activity. It is vital that they have
a full understanding of the local regulations relevant to performance of an
investigation.
For
example, in Virginia, USA, some of the actions that may be required for a
non-law enforcement or non-government individual to perform a forensic
investigation (with the intention of obtaining information concerning injuries
to persons or property, that will be submitted to a court, officer or
investigative committee) require that the person conducting the investigation
must be registered as a private investigator and be employed by a licensed
private security services business (VAC Title 9.1-138). In other words, they
can’t be a friend who has a day job as a network administrator somewhere else.
Violation of this code is punishable as a class 1 misdemeanor (VAC Title
9.1-149). Thus, trying to
investigate a cybercrime without the properly trained
and licensed personnel may also become a crime.
This
example illustrates how our attempts to consider age-old concepts of crime and
consequences within a new context require that we also recognize the changes
that must occur in that context as a result. Although there have been great
strides made in ‘cyberlegislation,’ many of the laws currently being applied to cybercrime were created for ‘traditional’ crime and fit
poorly within the context of technology-enabled crime.
It
is in this new context, where power is measured by the control of information, that
the question of whether all crimes are becoming cybercrimes
is finally answered. Crime, by
its very nature is an action intended to gain power, either by destruction or
acquisition of something that belongs to someone else. If power is in
information, and information lives in cyberspace, then to some degree, all
crimes truly are becoming cybercrimes.
Thresa
Lang ([email protected])
is a security and training consultant, who also teaches information systems
protection at the
Copyright © West Coast Publishing.
All
rights reserved.
(Reference: Lang, Thresa. (Wednesday,
September 04, 2002) Is Every Crime
Becoming a Cybercrime?
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Reference
Meikle, Kate and Janz, Chris. (Tuesday, December 10, 2002) Ruling could close sites.
http://www.news.com.au/common/story_page/0,4057,5650115%5E2,00.html
Ruling
could close sites
By
Kate Meikle and Chris Janz
December
10, 2002
A
HIGH Court decision allowing a
Photo
The
judgment has implications for internet publishing worldwide / AAP
Internet
Industry Association (IIA) chief executive Peter Coroneos
told NEWS.com.au the decision could be "another
straw in the camel's saddle-bag" for online publishers that were already
struggling to survive.
"There's
always a cost-benefit analysis," Mr Coroneos said.
"Online
publishers will be looking at their revenues and looking at the potential of a
lawsuit or potential legal action and they have to be arriving at a decision
where they basically ask themselves whether it's worth continuing."
The
High Court this morning ruled mining businessman Joseph Gutnick
could sue business news publisher Dow Jones for defamation in a Victorian
court.
The
action related to material published on the Barron's Online
section of The Wall Street Journal website. Dow Jones argued the case could not
be heard here because the article was published in the United States, where its
servers and editorial offices are located.
The landmark judgment means material on the internet is deemed to have
been published in the place it is viewed, not the country of origin.
American
publishers fear litigants will take advantage of favourable
overseas laws and launch defamation cases outside the
Mr
Coroneos said Australian publishers were likely to be
least affected by the decision because they already faced tough local
defamation laws. But he said there
was the potential for overseas celebrities to sue overseas companies on
Australian soil.
"The people with rights here are people with reputations they want
to protect," he said.
"The person wouldn't necessarily need to be a citizen in this
country. The person could sue on something said about them in the
"(The
decision) might just be enough for some publishers to say enough's
enough."
Mr
Coroneos said the parties who joined the High Court
action - including The Washington Post, The New York Times, CNN, Reuters, Yahoo
and Amazon - indicated how seriously media players were taking the decision.
"They
wouldn't have thought about it if they didn't feel some potential exposure from
an adverse decision," he said.
The
IIA now plans to lobby the federal Government to make laws offering less risk
to online publishers.
"We
have to...provide greater certainty to online publishers so that they can
remain online publishers and not decide to basically close down their operations or significantly curtail the kind
of content they’re prepared to put on the internet," Mr Coroneos said.
Mr
Gutnick said he was "delighted" with the
ruling because it would "re-establish
that the net is no different than the regular newspaper".
"You have to be careful what you write and if you offend somebody
or write malicious statements about people like what was done in my case you
can be subject to being prosecuted."
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Reference
Na. Vijayashankar. Justice
delayed is Justice denied
Justice delayed is Justice denied
By Na. Vijayashankar
In drafting the IT Bill-99, Government had two
important challenges. Firstly, correct interpretation of the provisions in the
Bill would require a clear understanding of several technological aspects of
digital communication by the community. Secondly, Internet, being a medium that
moves very fast, had to be protected from the known
delays that plague the judicial process in
It is in this context, that we need to appreciate
that while drafting the IT Bill-99, an attempt has also been made to provide a
faster means by which computer crimes can be resolved. In the Bill, the
requirements of the digital world are sought to be addressed at the following
three levels.
Policy Level
As soon as the IT Bill-99 becomes an Act, it is
proposed that the government would set up an apex advisory body called the
"Cyber Regulations Advisory Board". This board would consist of a
Chairperson and required number of other official and non-official members
representing the interests principally affected or having special knowledge of
the subject matter.
This board would guide the government and its
functionaries in all aspects of the implementation of the Cyber Laws including
framing of rules under the IT Bill. Without any doubt, this Board will be
solely responsible for all the good or the bad that can happen to the society
as a result of this Bill. If eminent and appropriate people adorn the board, it
may result in a well formed set of rules which will enable the laws to be
implemented in a manner that would assist in the development of a "Responsible
Cyber Society". If not , it would result in yet
another piece of legislation through which the society would be harassed by
criminals as well as their direct and indirect associates.
Infrastructure Level
At the infrastructural level, after the passage of
the Bill, Government will appoint a " Controller"
and the required number of "Deputy and Assistant Controllers", to set
up and monitor the "Digital Certification System". The controller
will prescribe the rules for licensing "Certification Authorities"
who would issue digital certificates. He will issue licenses, renew, suspend or
revoke them as required. He will also act as the repository of all Digital
Certificates issued under the act. The Controller would be guided initially by
the Cyber Regulations Advisory Board. He would however be the apex
implementation authority for the Certification system. Considering the
responsibilities thrust on Digital Certification authorities which
the controller would appoint and regulate, he should not only be an
administrator with impeccable integrity but also be technologically very well
equipped.
Dispute Resolution Level
At the dispute resolution level, the IT Bill-99
envisages that one or more "Adjudicating Officer/s" would be
appointed to receive complaints falling under the list of Cyber Crimes provided
in the Bill. He would conduct an enquiry as per the procedure to be prescribed
for the purpose and shall have the powers of a civil court.
Simultaneously, Government would also appoint a one
man " Cyber Regulations Appelate
Tribunal", which would hear appeals arising out of the orders of the
Adjudicating officer. If the dispute remains unresolved at the level of the appelate tribunal, further appeals can be preferred at a
high court.
Thus, the Bill envisages setting up of two special
offices below the high court and outside the current judicial system to handle
the Cyber Disputes falling under the Act. Since these officers will not be
bound by the procedures of the
We have to wait and see whether the full potential
of the provisions mentioned in the IT Bill be harnessed by the government. The
immediate concern for all of us in this regard is the proper constitution of
the Cyber Regulations Advisory Committee.
Probably, all concerned Netizens
should convey their views to the Ministry of Information and Technology, as to
who should be appointed to the board, what should be the weightage
of official and non official members or judicial and non judicial members etc.,
so that right persons get appointed.
Indian Judicial system is notorious
for the delays that defeat the very purpose for which an aggrieved person
approaches a court.
It is not without reason that there is a proverb in Kannada that in a Court
battle, "To win is to lose and to lose is to die!". Let’s hope that this would
not be true of the Cyber Regulations in
Courtesy : http://www.ciol.com/
(Reference: Na. Vijayashankar. Justice
delayed is Justice denied.)
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Reference
Na. Vijayashankar. Lawyers
wake up, the world around you has changed
Lawyers wake up, the world
around you has changed
By Na. Vijayashankar
Lawyers all over
Many lawyers think that IT Bill is only for
e-commerce companies and those lawyers who are earning their livelihood by
handling property cases, matrimonial cases or normal business cases can afford
to ignore the Bill. The technology intensive provisions perhaps hinder them
from evincing the normal curiosity that should follow the introduction of any
new law. Herein lies the danger of ignoring what they
cannot afford to ignore.
IT Bill –99, however, is more than just another new
law. It will bring fundamental changes in commercial law and any legal case
whether pertaining to IT field or not would be affected by the Bill.
For example, along with the passage of the IT Bill,
the Indian Evidence Act is being simultaneously modified to include
"Electronic Documents" as acceptable modes by which evidence can
be tendered in a court of law. This means that copies of an "e-mail," a "text
file," a "Web page," an "Audio clipping" or a "Video
clipping" can be produced by one of the lawyers either to prove his
client’s view point or to disprove his opponent’s view point. In authenticating any such
document, "Digital Signature Certificates" may be produced or an
independent person may be asked to apply a "Public Key" to verify
whether a document can be ascribed to a given person and prove or disprove
whether any changes were made to the document without his approval.
In the above process, the certifying authority may
have to be cross examined on the authentication process adopted by them, the
efficacy of the cryptographic modules or hash algorithms used by them. The
network managers may also be examined as witnesses to certify whether the
document in question was in fact derived from the "computer" alleged
to have been used and whether it has not been modified subsequent to its
creation. He may also be asked to certify the time and place at which a
document was generated which may be critical in even determining the
jurisdiction of the court.
Looking at practical examples, one of the
parties in a divorce case may produce copies of e-mail exchanged between
his/her spouse and a virtual lover to claim a divorce. The case may, therefore,
come to depend on the ability of the judge to determine whether the e-mail is
genuine or not.
Similarly a "Stop Payment Instruction" or a "Modification of
Contract" sent over an e-mail may be frequently introduced in any civil or
criminal courts as key pieces of evidence.
If justice needs to be upheld in cases where
electronic documents are involved, the legal community must be fully conversant
with "Electronic Documents", Digital Signatures",
"Responsibility of the holder of a Private Key", "The security
of Asymmetric Cryptographic systems", the "Server log Maintenance
system", "Authority for Web content management", "Process
of content creation and posting on a Web site" etc.
Ignorance of Cyber Laws would, therefore, seriously
undermine the ability of a lawyer to represent his client and jeopardize his
continuance in business. More importantly, a Cyber savvy lawyer would command a
premium for his services and has a prosperous future ahead of him.
Therefore, if you are an advocate, it is time you
get aboard the "Cyber law bandwagon."
courtesy : http://www.ciol.com/
(Reference: Na. Vijayashankar. Lawyers
wake up, the world around you has changed.)
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Reference
Na. Vijayashankar. Will
the police come knocking at your doors ?
Will the police come knocking at your doors ?
By Na. Vijayashankar
After the IT Bill-99 was presented in the
Parliament, there was one section of observers who had raised a hue and cry
about the powers given to the Police authorities in the Bill. There has been an
attempt to create a fear amongst the public that some of the provisions in the
Bill are "Draconian". To understand these fears let us look at some
of the relevant provisions of the Bill.
According to section 77 of the draft bill, any offence
under the Bill can be investigated only by a police officer not below the rank
of a Deputy Superintendent of Police.
According to section 79 of the Bill, such an
officer (or any other officer of the central government or a State government authorised by the Central government) "may enter any
public place and search and arrest without warrant any person found therein who
is reasonably suspected of having committed or of committing or of being about
to commit any offence under the act". Where any person is arrested under this section
other than by the police officer, such a person has to be produced before a
magistrate or a police officer in charge of a police station without
unnecessary delay.
As one can make out this provision is to control
misuse of public Internet access systems in a Cyber Café, Hotel or such other
places where the public have an access. It must be noted that the section doesn’t
apply to home or offices.
It appears, therefore, that the provision is only meant to take quick remedial
action when an offence is being committed or about to be committed as well as
cases where such places are being habitually used for committing offences.
It appears that the lawmakers have
taken into consideration that an offence committed over Internet can be traced
to the computer, which was used for the purpose. Any offence committed may,
therefore, be pinned on the owner of the system used. In a public place,
however, this tracking of the crime to a person may not be possible. It would,
therefore, be necessary for law enforcing authorities to take swift action to
prevent crimes at the earliest and bring the culprits to book.
While there is a possibility that innocent persons
may some time be suspected of crimes not committed by them, it is not correct
to presume that the provision will be misused by Police to book any Cyber Café
user irresponsibly. There is little reason to accuse the lawmakers of having
placed "draconian" powers with police officers.
The owners of public Internet access systems should,
however, take notice of the provisions and realize that they would be
answerable for any offence committed in their premises. In order to safe guard
their interests they should, therefore, take at least the following two
precautions.
1.Put up a notice in the premises at a prominent
place listing the actions that are punishable under the Cyber Law, such as Hacking, Transmission of Obscene
materials, Misusing credit cards, etc., for the information of the users.
2. Keep a reliable log book for each of the
computers assigned to the visitors from which the user can be reasonably
traced.
Even though the home and office users of Internet
may seem relieved that the Police have not been given powers to enter their
premises without warrants, it is the duty of every system owner and more so the
professional system administrator of a corporate network to take reasonable
steps to prevent the use of their property for committing crimes. The most
obvious thing to do is to keep track of the users of the system. Just as you
would not lend your car to be used by your friend to smuggle drugs, you should
take care not to lend your computer resources to any body who may misuse it.
What is more important in the coming days of 24X7 connectivity through Cable is that the children at
home may be accessing the Internet and the email facility of their parents.
This is a potential source for trouble since the young brilliant mind is often
the breeding ground for computer crimes. Parents should, therefore, take
suitable steps to educate their wards and not allow them any opportunity to
experiment with dangerous misadventures on the Internet, howsoever exciting
they may be.
courtesy : http://www.ciol.com/
(Reference: Na. Vijayashankar. Will
the police come knocking at your doors ?)
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Reference
Na. Vijayashankar. Laws
that govern e-commerce in a global context
Cyber Laws - Introduction
Laws that govern e-commerce in a global context
The principles of Private International Law will
determine as to the laws which will be applicable to e-commerce transactions in
a global context. The principles of Private International Law lay down
guidelines which provide answers to certain questions such as which Court will
have jurisdiction and which law will be applicable to determine the rights of
the parties to the contract. Once these questions are answered, then the next
step would be to actually apply the appropriate law to the contract and
determine the rights of the parties to the contract
The Indian Contract,
Example :-
For instance, if an order is placed by a person from
Applicability of existing laws Internet including
e-commerce transactions
To a large extent the existing laws apply to
activities conducted on the Internet. If any slanderous or defamatory
statements are published on a website, then the website as well as the person
making such slanderous or defamatory statements can be prosecuted under the Indian
Penal Code for defamation.
If any website infringes the trademark or copyright
of any person or any person registers a domain name similar to the trade name
of another person, then the provisions of the TradeMarks
and Copyright Act would apply to such infringement and the affected person can
seek such reliefs as set out under the statute.
courtesy : http://www.cyberkanoon.com/
(Reference: Na. Vijayashankar.
Laws that govern e-commerce in a global context.)
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Reference
Na. Vijayashankar. Why
we need Cyber Laws
Why we need Cyber Laws
India being a technologically advanced country,
should have had the Cyber Laws framed much earlier, but it is sad to say that
things are not done at the required pace in our country. The Indian legal
system today, does not recognize electronic records or
documents at par with written documents. Consequently, these would not be
accepted as evidence in the court of law. When records are on papers, it can be
authenticated, but when records are in electronic form, issues like evidence of
transactions, enforceability and authenticity of these transactions arise. Now that all software
companies in
The security of electronic records and signatures is
of great concern to the people as there are crackers and hackers, who can
tamper with the records, signatures, destroy or distort them. If this is not
checked then the e-commerce segment will perish in its infancy itself. No buyer
would be prepared to use his credit card for purchases on the Internet if he
fears that the card data can be stolen and misused. For instance, in a study
conducted by Ernst & Young, 97 per cent of the consumers participating in
the study, did not purchase anything on-line and said that the main reason was fear about
disclosing their credit card information. Although financial organizations, banks, ISPs and
e-commerce service providers are ensuring a secure system, users will make use
of these services comfortably only when Cyber Laws are in place. Even in the
case of Internet-based stock trading that recently commenced in
The absence of cyber laws is actually being felt in
the Indian IT industry and it has also left a negative impact on the industry.
India is said to have not signed a MoU digitally with
Ireland because of the absence of Cyber Laws and sometime back Nasscom president Dewang Mehta
had also pointed out that e-commerce transactions had not gained importance in
India due to lack of cyber laws. According to a Nasscom
study, e-commerce transactions in the country would grow phenomenally to Rs 2,500 crore in 2000-01 and to Rs 10,000 crore in 2001-02 after
the Cyber Laws Bill is passed. The growth of e-commerce transactions would have
been even greater if the laws were passed earlier.
Once this Bill is passed, electronic documents,
i.e., whatever is recorded in computer memories as well as electronic
signatures will be legal and will have to be accepted by all offices equipped
for the purpose. The Bill proposes creation of a one-man Cyber Regulation
Appellate Tribunal
where the computer criminals could appeal. Computer criminals who conceal, destroy or distort any computer source document
for a programme, system or source-code can be fined upto Rs 2 lakh
and imprisoned up to three years. Those who electronically publish or circulate
information, which is disagreeable can be fined upto Rs 25,000 and also imprisoned for two years. Persons
unauthorized or persons illegally disclosing the contents of electronic records
can be fined up to Rs 1 lakh
and imprisoned for two years. The Bill has provisions concerning electronic
fraud and crimes are defined and punishment for such crimes is prescribed for
the offenders. Besides, they will have to pay compensation to the aggrieved to
an extent of Rs 10 lakh.
The criminals can also be sent to jail.
Once this is clearly defined, the Internet users can
use the Net for any kind of transaction without any apprehensions. With the
passing of the IT Bill, both service providers and the users will be content.
Cyber Laws will not be just in favor of Internet users or service providers,
but also for lawyers who will fight cyber cases. These lawyers can earn a good
livelihood, command a prosperous future and also be a part of the e-commerce
cynosure. The dream of
(Reference: Na. Vijayashankar. Why
we need Cyber Laws.)
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Reference
Nagpal, Shuchi. (Wednesday, April 02, 2003) Email: International Cyber
Crime Seminar at
From: "
Cc:
Subject: International Cyber Crime Seminar at
Date: Wed, 2 Apr 2003 19:41:38 +0530
An International Seminar on Cyber Crimes, Cyber
Investigation and Cyber Laws was conducted in
Datuk S. Subramaniam,
Deputy Minister, Domestic Trade and Consumer Affairs,
Speaking on the occasion, Mr. Subramaniam
referred to the recent Computer Crime and Abuse Report (
ASCL President Rohas Nagpal and faculty member Abhinav
Bhatt conducted the seminar. Topics covered included:-
1. Computer crime,
2. Cyber crime investigation,
3. Cyber forensics,
4. International cyber laws and
5. public key
infrastructure.
Professor John White, Dean of
The seminar was attended by professionals from
Government departments (including law enforcement, customs, immigration),
insurance and banking sectors, Universities and educational institutions.
Asian School of Cyber Laws
is the pioneering institute in the field of education, training and consultancy
in cyber law, cyber crime investigation and information security. In these fields ASCL works
with several Universities and Colleges, Government departments, law enforcement
agencies, defence
organizations and corporates.
Regards,
Shuchi Nagpal,
Information Department,
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Reference
Pelly, Michael. (Monday, December
08, 2003) Net threat to murder verdict.
http://www.theage.com.au/articles/2003/12/07/1070732070689.html
Net threat to murder verdict
By Michael Pelly
December 8, 2003
The NSW Court of Criminal Appeal is considering
whether a murder verdict should stand after jury members ignored a judge's
orders during a trial and found incriminating information about the
accused on the internet.
After at least seven of the 12 jurors admitted
knowing the man had faced an earlier murder charge, Justice John Dunford said: "There may be a real suspicion that they
may have been influenced."
In May 2000, former Victorian Supreme Court judge
George Hampel aborted a murder retrial because he
feared it would be prejudiced by information on an internet site.
The site, a list of convicted
criminals, moved its servers offshore when threatened with legal action in
Ten days ago, NSW Chief Justice Jim Spigelman warned that developments
in internet technology "pose new challenges to the ability to ensure a
fair trial".
At a conference on internet law he noted that the
While it was too early to say communications
technology would render the sub judice rule
unworkable, he said, sophisticated internet search engines such as Google made
information much easier to retrieve.
At the NSW Court of Criminal Appeal hearing last
Friday, the man, known as K, has faced two separate charges of murder. At his
first trial he was jailed for 24 years, but his conviction was quashed on
appeal and a retrial ordered because the judge misdirected the jury on DNA evidence.
When he faced the second murder charge, he was found
guilty and sentenced to 22 years.
After discovering that jurors in that case had
learned about the previous trial, his legal team challenged the decision and
affidavits were obtained from the jurors for the appeal.
Murugan Thangaraj,
for K, said the jury would have been discharged if the judge had known that
members had defied his order to only consider evidence before the court.
"A few weeks into the trial, there is a
discussion about the internet," he said.
He said the information was "capable of
unconsciously affecting their deliberations" and that some may have believed K had a
tendency to that type of crime.
NSW Solicitor-General Michael Sexton said the
verdict should stand because the Crown case was overwhelming.
But Justice Dunford said
the affidavits showed two jurors knew K had received a long jail term at his
first trial.
He said jurors one, four, five and six had accessed
information about the trial and knew there was an error in the summing up that
led to a new trial. Jurors three, seven and eight knew he had been accused and
jailed. One had even gone to the alleged crime scene and made comments that K
was a double murderer.
Justice Wood described as "very
sensible" the section of the
The court reserved its verdict, but Justice Dunford hinted at one effect of the case: "Jurors
are going to be told not to look at the internet."
(Reference:
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Reference
Preethi K. IT Bill '99:
Launch pad for e-commerce
IT Bill '99: Launch pad for e-commerce
By Preethi K
The much talked about IT Bill ’99, which accords
legal recognition to electronic commerce transactions and prescribes stringent
punishment for cyber crimes, has finally been cleared by both the houses of
Parliament after several iterations despite protests from the opposition. And,
much to the delight of the e-commerce industry, the government dropped two
controversial clauses, recommended by the standing committee, related to
monitoring of cyber cafe visitors and registration of portals.
If the IT Bill, popularly known as Cyber Laws, had not
been passed now, the country would have been a major loser. The absence of
cyber laws had almost managed to stunt the growth of e-commerce in
Before being placed in Parliament, the
Bill was
drafted and redrafted no less than 155 times! The government also incorporated
34 of the 36 recommendations made by the standing committee of the Parliament. There will
also be a legal framework for the authentication and origin of electronic
records/communications through digital signature. With this legal framework in
place, India will now be able to sign MoUs digitally
with other countries without any hesitation, something that could not be done
previously, like the accord with Ireland. The Indian legal system will now
recognize electronic records or documents to be on par with written documents
and these would be accepted as evidence in the court of law. This law covers
not only the digital form of records, but also of transactions, signatures,
storage and carriage, and the disputes that can arise thereof. People will now
be able to transact on the Web without fear of his/her credit card data being
stolen and misused. Especially, with the recent hacking of major sites and
virus attacks, everyone was looking forward to a legal system that would make
them feel secure.
Now that the Cyber Laws are in place, we will soon
have a
special task force within the police to deal with cyber crimes, as per the recommendations
of the standing committee. This team of police personnel would be made computer
literate, so that they can deal with knowledge-based crimes. It is quite absurd to
accept one of the clauses that gives authority for an officer of the rank of
deputy superintendent of police and above to raid, search and arrest without
warrant for suspected crimes. This would also mean that the police would be given full
authority to frisk a suspect, which may result in the harassment of innocent
people. Although the information technology minister Pramod
Mahajan has justified this by saying that its deletion
would allow Criminal Procedure Code (CrPC) provisions
(where even a police constable is authorized to carry out these functions) to come into effect. While
the Indian Penal Code and the CrPC gave powers to
constables to arrest without warrant, the minister said that the IT Bill
vests such powers only with police officers of the rank of deputy
superintendent of police, limiting it to one per cent of the police force. However, many agree that
the government should have made warrants compulsory if the police wished to
search or arrest a suspect.
It is clear that the tabling of the IT Bill ’99 was
an eagerly awaited affair. Leaders of our nation are planning to take the
benefits of the IT revolution to the masses, using it for generating jobs,
opportunities as service providers through kiosks and other IT-related
activities. Even Nasscom is planning to launch a
major campaign—Operation Bandwidth—to increase the bandwidth in the country 80
times by 2003, which is sure to spur the growth of e-commerce. The passing of
the IT Bill in Parliament clearly demonstrates the government’s desire and
commitment to heralding a digital revolution. With the passage of Cyber Laws,
realizing the dream of
The epoch-making information technology legislation
will be implemented by Independence Day this year and will definitely be a
launch pad for e-commerce and Net enabled activities. The next few months are
sure to witness hectic activity in the e-commerce industry.
Industry welcomes passing of IT Bill
The Indian industry has welcomed the smooth passage
of the Information Technology Bill, 1999, by the Parliamentarians. Early this
week, both Lok Sabha and Rajya Sabha okayed
the Bill with voice votes, despite some meek objections from the opposition.
The government made 34 amendments to the original draft following the
recommendations of the standing committee.
Welcoming the decision of the Parliament, National
Association of Software and Services Companies (Nasscom)
President Dewang Mehta said, "The IT Bill offers
the legal framework so that information is not denied legal effect, validity or
enforceability, solely on the ground that it is in the form of electronic
records. The IT Act would eliminate barriers resulting from uncertainties over
writing and signature requirements and promote legal and business
infrastructure necessary to implement e-commerce, spurring the use of the
Internet, e-mail and e-commerce. After the passage of the IT Bill, it is
expected that e-commerce transactions in 2000-01 may even exceed Rs 2,500 crore, a growth of over
500 per cent. But, adequate guidelines need to be framed in consultation with
the industry so that not only cyber crimes are stopped, but also to make sure
that the police do not misuse their powers while ensuring proper implementation
of the Act."
Both Nasscom and MAIT had
strongly opposed the two contentious clauses (73 A and B). One made it mandatory for
cyber cafes to maintain a record of all their surfers as well as the sites
visited by them.
Failure of compliance was tantamount to an offence and the concerned people
were liable on conviction to imprisonment or fine. The other clause said that all sites
hosted in
Commenting on Clause 79, which gave the police
powers to search a cyber café without warrant, MAIT Director Vinnie Mehta said, "It could create a psychological or
say entry barrier with people as they might then abstain from going to cyber
cafes. The government is trying to create an ideal atmosphere through the law.
However, we should look at the positive aspects of the Bill. There was no legal
framework till now. Now that we have it, the next step is to create an
infrastructure in sync with the progress we have made."
NIIT chief operating officer P Rajendran
remarked, "The speedy enactment of the IT Bill is a clear signal to the
industry that
Radix Infotech managing
director Ajit Sirohi said,
"A positive aspect is that a number of transactions would be facilitated
through credit cards. The negative aspect is that it will breed criminality on
the Net. The sites, which facilitate credit card transactions on the Net,
should have adequate encryption. Otherwise the entire exercise would prove
futile. I strongly recommend that there should be a special court for
implementing the Bill's recommendations. It should be made mandatory that no credit card
transactions be allowed without digital signatures."
According to Softmart
Solutions CEO Alok Gupta, it was a step in the right
direction. "Though Clause 79 is meant to curb cyber crimes, it would allow
the authorities to frisk anyone possessing a computer. Earlier, it was always
possible for a person who had ordered for some goods on the Net to withdraw his
order. He could always say that he never ordered. With digital signature, it
would now be possible to take such a person to court and demand payment for
goods ordered on the Net."
Infotechnics CEO Sanjeev
Bhavnani also generally welcomed the IT Bill.
However, he said that not much of the reactions and requirements of the IT
people were taken into account. "The laws on cyber crimes are sure to be a
deterrent, but not a curb. As with all these laws in the West, they will have
no impact on the increasing number of cyber crimes. Digital signatures and
e-transactions have got a legal validity with this Bill, which will boost
e-commerce in the country. When we take into consideration the age group of the
people who are using the Net for transactions, there won't be a barrier as far
as credit cards are concerned. But problems may arise regarding the actual
value of transactions that can be conducted on the Net and with regards to
global transactions. Probably we will see a reversed IT Bill."
courtesy : http://www.ciol.com/
(Reference: Preethi K. IT Bill '99:
Launch pad for e-commerce.)
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Reference
Trivedi, Aditi. (Saturday, November 08, 2003) Email: Spoofed / faked SMS
messages.
From: "
Cc:
Subject: Spoofed / faked SMS messages
Date: 8 Nov 2003 18:44:50 -0000
With the widespread use of cellular phones,
the Short Messaging Service (SMS) has become a popular mode of communication.
People constantly rely on SMS to send and receive text messages.
The significant growth of this form of
communication has also given rise to the reliance of law enforcement agencies
in gathering evidence from mobile phones when any crime has been committed.
Many a time the law enforcement agencies have used the mobile phone to link a
criminal to the crime committed.
This letter is to bring to your notice that
SMS messages can be spoofed or faked. That means that a criminal can send an SMS message appearing
to come from a victim’s cellular phone, without physically touching the
victim’s cellular phone. The criminal could be in another
continent and he could still send SMS messages that appear to come from the
victim’s phone.
Asian School of Cyber Laws, Pune recently conducted experiments in SMS spoofing at the
national and international level. We were able to successfully spoof SMS
messages and make them appear to come from other people’s cellular phones.
These people were using GSM based cellular phone services in various parts of
We would like to issue a caution note to all
law enforcement agencies as well as all cell phone users to be careful in
relying upon the authenticity of SMS messages.
The topic will be covered in detail at the
next ASCL Certified Cyber Crime Investigator (Level 1) course at Pune. For details visit:
http://www.cybercrimeinvestigation.com/
Regards,
Aditi Trivedi,
Information Department,
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Reference
Cyber crime scene in India
http://www.rediff.com/search/2003/feb/18crime.htm
Pavan Duggal
Indian Supreme Court advocate and cyber law expert
Prathamesh Popat
Mumbai-based lawyer and cyber law specialist
Saileshkumar Zarkar
technical advisor and network
security consultant to the Mumbai Police Cyber crime Cell
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Reference
[atlarge-discuss] [Fwd: Interim ALAC update]
http://www.fitug.de/atlarge-discuss/0301/msg00049.html
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Reference
Inomy Media Private Limited,
http://www.inomy.com/editor.asp
Foremost cyber law expert in
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Reference
Memorandum from At-Large
Organizing Committee to ICANN Board. (Monday, December 9, 2002)
http://www.icann.org/correspondence/aloc-to-board-09dec02.htm
Pavan Duggal
is a practising Advocate in the Supreme Court of
He has been a Member of Membership Advisory
Committee of The Internet Corporation for Assigned Names and Numbers (ICANN).
He has also been a member of the Membership Implementation Task Force (MITF) of
ICANN.
Pavan is a member of World
Intellectual Property Organization (WIPO) Arbitration and Mediation Centre
Panel of Neutrals. He has taken an active part in the regional deliberations at
Pavan is the President of
Cyberlaws.Net, The Cyberlaw
Consultancy, which is Internet's unique and first ever consultancy dedicated
exclusively to the new field of Cyberlaws. He is
engaged in providing online consultancy relating to various issues of Cyberlaws and E-commerce. He is advising the Controller of
Certifying Authorities, Ministry of Information Technology, Government
of
Pavan is the Founder of The Cyberlaw Association,
Internet's pioneering association dedicated to the growth of Cyberlaws in cyberspace. He has been associated with the United
Nations Development Programme (UNDP) and United
Nations International Drug Control Programme (UNDCP).
He is the Founder of Cyberarbitration, an online
system of alternative dispute resolution. He is the Founder of CyberlawIndia, an organization committed to the passing of
dynamic cyberlaws in
Pavan is the
visiting faculty for Cyberlaw at the National Police
Academy, Hyderabad, SEMCOM, Gujarat and Indian Law Institute,
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http://in.geocities.com/anindianyogi/cyberlaws.html
Published on internet: Saturday, October 25, 2003
Revised:
Thursday, September 20, 2007
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“Thou belongest
to That Which Is
Undying, and not merely to time alone,” murmured the Sphinx, breaking its muteness at last. “Thou art
eternal, and not merely
of the vanishing flesh. The soul in man cannot be killed, cannot die. It waits, shroud-wrapped,
in thy heart, as I waited,
sand-wrapped, in thy world. Know thyself, O mortal! For there is One within thee, as in all men, that comes and stands at the bar and bears witness that there IS a God!”
(Reference: Brunton, Paul. (1962) A Search in Secret
Amen