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Legal Services

Hacking,Phishing

“We think of a computer & storage media as being incredibly fast & sophisticated. But as it does more, it actually becomes less secure”

Peter Scotch, a Consultant for the Leading Software Company in California, said ”We’ve been using email for years, and it’s been insecure all that time … If you have any hacker who is competent and targets you, he’s going to expose you.”

Not long after then-governor Sarah Palin of Alaska was named the Republican nominee for vice-president last year, someone hacked into her personal Yahoo email accounts. Services such as YourHackerz.com are still active, with names such as ”piratecrackers.com” and ”hackmail.net”. They boast of having little trouble hacking into such email systems as AOL, Yahoo, Gmail, Facebook, Hotmail e.t.c.

Hacking punishable under Section 43(a) read with S(66) of, The Information Technology Act,2000:

If any person without the permission of the owner or any other person who is in charge of a computer, computer system or computer network,- accesses or secures access to such computer, computer system or computer network;
Whoever commits hacking shall be punished with imprisonment up to three years, or with fine which may extend up to five lakh rupees, or with both.

MY DPO Consulting helps you in hacking incidents by investigating, filing Police Complaints, liasoning with police and framing litigations against the hacker for bringing him to justice. It also helps you in deriving fair compensation in case of any cyber contraventions.
We further guide you in framing your policies against hacking attacks and to harden your network.

Our core Experience in dealing with hackers across the world both psychologically and technologically gives our investigation a cutting edge

Internet or Online Banking Fraud Cases

What is Online or Internet Banking Fraud? What are Legal Remedies?
Most online banking fraud schemes involve two steps. First, the criminal obtains the customer’s account access data, i.e. login name and password. Second, the criminal uses this information to transfer money to other accounts and withdrawals the funds. For the first step, criminals have employed different schemes in the past: The “over the shoulder looking” scheme occurs when a customer performs financial transactions while being observed by a criminal. A fair number of cases have been reported where customer’s account access data was obtained by the criminal just by observing customers at a public Internet access point. The “phishing” scheme involves using fake emails and/or fake websites. The word “phishing” stems from combining the words “password” and “fishing”. Criminals send emails that appear to be from the customer’s bank that direct customers to a fake website. This website impersonates the bank’s website and prompts customers for their account access data. Over the past months, most banks have executed customer education programs, thereby reducing the effectiveness of this scheme. It will, however, take a while before all customers are smart enough to extinct phishing. The “Trojan horse” scheme is based on embedding a computer virus type software program onto the customer’s PC. Trojans often tie themselves into the keyboard driver and record keystrokes. Once a Trojan detects that the customer opens an online banking website, it captures the login name and password and sends it to the criminal.

Legal Remedies with which We can help you
1. Filing Police Compliant with the cyber police station / local police station
2. Filing a Complaint with the Banking Ombudsman
3. Filing an Application for compensation with The Adjudication Officer
4. Filing a Consumer Complaint with the Consumer Forum
5. Taking up the case with Media

How to Prevent Online or Internet Banking Fraud?
1. Change your password regularly
Users must change their password after the first log-in for online banking. Besides, keep changing your password at regular intervals. Needless to say, don’t disclose your password to anyone, not even the banking staff.
2. Avoid using cyber cafes for banking purposes
Avoid using the Internet banking facility from cybercafes, libraries or from systems installed in public places. But in case it is an absolute necessity, you must clear the browser cache and delete the temporary files on the PC you’ve accessed the Internet from.
3. Don’t use personal details in the password
Avoid using your date of birth, telephone number, address or name in your password. This practice makes your account more vulnerable to being hacked as your password can be easily guessed by just about anyone. Besides, do not leave your computer unattended while you are logged in to the bank site.
4. Don’t let your browser memorize your details
Never let your computer remember your passwords, names, etc. Always disable the browser’s option of storing user names and passwords. 5. Don’t e-mail credit card and account details Make it a thumb rule not to send credit card or account details via e-mail to anybody, or in response to an e-mail.
6. Shop at reputed Websites only
While shopping online, please wait for a second and check if the website is an established one and a reputed name in the online shopping domain. Always check if the shopping site has a well-established permanent address.
7. Log off when finished
Always log off after Internet banking once you are done with it. You need to log out from the website and do not shut off the window in order to log off from the session
8. Look for the padlock and the ‘s’ in the URL
While making online payments, check whether the website is secure or not by looking for, i) a padlock symbol at the bottom of your browser, and ii) an ‘s’ added to https in the URL. It should then be https.
9. Check the account
Whenever you make a transaction, immediately check your account and see if the right amount has been deducted or added to it. In case there is any misappropriation, inform the concerned bank immediately.
10. Don’t follow the links
Always reject any e-mail that asks you to follow a link to the website of your bank. You may end up revealing your personal details on a fake bank website, from which hackers steal information.
11. Don’t open multiple browsers
You must not open multiple browsers during Internet banking. Also, equip your system with up-to-date anti-virus software and have a firewall installed on it. 12. Destroy the receipts Do not keep documents and receipts related to your online translations. They usually carry confidential personal financial information. You had better destroy or shred such documents or receipts to stop them from falling into the wrong hands.
13. Don’t share your personal information on websites
You shouldn’t give your e-mail address on websites without knowing how it will be used. Besides, do not share your personal information like date of birth, etc, on the Internet unnecessarily because it can be used by others to unlock or generate your account password.

Trademark

A Trademark is a Graphical representation that is used to distinguish the goods and services of one party from those of others. A Trademark can be a letter, number, word, phrase, logo, graphic, shape, smell, sound or combination of these things.

Registration of Trademarks in India governed by the Indian Trade Marks Act, 1999 & Indian Trade Marks Rules, 2002 (and amendments thereof). The Trademark Act & Trademark Rules seeks to provide for the registration of trademarks relating to goods and services in India. The rights granted under the Act, are operative in the whole of India.

We can assist you in finding the best, legally-available mark for your new product through a trademark search. This trademark search report is optional but highly recommended.

Registration of trademark and maintenance of the rights worldwide

Screening of misappropriation of clients’ proprietary rights in trademark;

Handling registrations, disputes and litigation of any nature, involving clients’ intellectual property (Trademark) rights before all forums in India.

Drafting agreements and Deeds, Agreements relating to assignment and licensing, purchasing, selling in intellectual properties as a part of Corporate take-over or restructuring, Mergers , Acquisitions, Advertising, Telemarketing, and Promotional industry agreements, and those involving know-how and trade secrets. Domain name related services

Other Services

1. Renewal, opposition, rectification;
2. The action of infringement and passing off;
3. Trademark Licensing and Transmission
4. Brand Management & Valuation
5. Name Registration

E-commerce issues involve, e-commerce site development, it’s advertising, electronic transactions, money transactions, and many other legal issues, which need to be taken into account step by step. Before developing an e-commerce site a registered domain and a registered trademark should be established. There must be some copyright protection on the site. The business must ensure that it displays the terms and conditions/policies within its site. Security involving the privacy of a user’s data is always one of the main concerns while doing business online. Defining rules and regulations for the advertisement of the site by placing banners on other known sites is another. The colonization of cyberspace is both technology and opportunity-driven. Indeed technology is at the same time both a threat as well as a solution, because on the one hand it challenges existing legal and regulatory infrastructures and yet offers the solution to many of those threats, including security, integrity, and authenticity. It is of great value when dealing with such complex issues to consult a cyberlaw specialist who specializes in the issues of cyberspace.

Lawyers with My DPO Consulting have consulted clients from the earlier Dot Com age to date and have varied experience of eCommerce related issues and also the accounts related matters around it. We consult right from designing of an e-commerce site to tying up with payment gateways and hosting all legal notifications on the site. We also take care of technical, legal & compliance issues with respect to business on the wired world across international boundaries.

After the computer and internet revolution, it has become quite essential for any corporate body that has a website to host Agreements related to Terms of Use, Privacy Policy and Disclaimer etc as per the IT Act, 2000, which is the governing law in India, My DPO Consulting  helps you to protect Sensitive Personal Data of your customer. We at CLC can help you to draft all the concerned Agreements specifics to your needs and business which also would be compliant to IT Act, 2000 and various laws of the countries like the UK, USA, etc. We also assist our client to draft website development Agreements, Website Hosting Agreements with the Developers/Agencies.
My DPO Consulting (Advocates & Attorneys) is a leading firm of Advocates and Attorneys, in India, specialized in Legal Drafting of various documents & Deeds, Business Contracts, Letters, Notices, Reply, Agreements, Affidavits, Bonds, Memorandum of Understanding (MOU), Property Disputes, Family Matters, Wills and Codicils, Trademarks and Copyrights, Information technology Policies and Compliance, Miscellaneous Civil and Criminal Applications, Legal Advice, etc. We can provide well-drafted Sample Agreements, Templates, documents for Registration, which can be downloaded and adapted/tailored, to your precise case and situation requirements.
We can provide all the Drafts in English, Hindi, Marathi & Gujarati, etc. according to the need of our client.
Various drafts included in this Section:

  1. End-User License Agreement (EULA)
  2. Website Development Agreement with Developer
  3. E-Commerce Website Agreement
  4. Terms of Usage of Website
  5. Disclaimers on Website
  6. Privacy Agreement /Privacy Policy
  7. Service Level Agreement (SLA)
  8. Tri-Party Agreements
  9. Franchising Agreement
  10. Distributor Agreement
  11. On-Line Advertising Agreement
  12. Banner Exchange Agreement
  13. Various Click & Wrap Agreements
  14. Other Information Technology Related Agreements
  15. IT Act,2000 Compliance website/ecommerce agreements
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