BitTorrent Acceleration Patch is an unique and innovative type of  plug-in which boosts your download speed accurately. The structure of the program is designed to allow you downloads of MP3s, movies and other required files at highest speed with maximum output.

Bandwidth of your Internet connection is managed efficiently as possible and BitTorrent Acceleration Patch will help you find more sources to download.BitTorrent Acceleration Patch is a BitTorrent plug-in that allows you to download MP3s and movies,Software,Tutorials,Promos,Articles etc.

Here are some key features of “BitTorrent Acceleration Patch”:
· Automatically resumes paused downloads;
· Configuration from last run is saved and auto loads on start-up;
· Clean and free, without any adware or spyware;
· Finished and wrong files are cleaned automatically;
· Finds more sources at user-specified intervals;
· Interface is easy to use and good-looking;
· Interface is easy operable by a system tray icon.

The Requirements used to run this Bittorrent Application Patch are

.  A Computer with BitTorrent installed
· Internet connection.(minimum broadband suggested )

Download : Bitttorrent Application Patch

Download : Bittorent

1. First, run a scandisk or checkdisk. Let Windows fix any errors.
2. Run a disk cleanup utility…this will flush your temporary internet folder, trash can, temp system files, etc.
3. Delete any garbage files or data…if possible, run a Duplicate File Finder program.
4. Run Defrag on all partitions (NOTE: run this after you have deleted all trash and excess files!)
5. Run a registry cleaner utility and delete or get rid of any orphaned entries in that registry.
6. Check your exisiting swap file for it’s size and location (*will explain location later in the post). If you have alot of ram (i.e. 1 gig and over) set this swap file to something small, like 250 mb. The reason is that this will force Windows to load more into memory, resulting in faster performance (note: some games and applications actually require a certain sized swap file so check your applications performance after making a size adjustment for any error messages.)
7. Under XP, you can tell Windows to use Classic Style on your desktop, – this will remove the neat single click and internet-style desktop but for lower end systems this will improve performance in other areas, such as gaming and multi-tasking.
8. Run msconfig and under startup and only keep the programs that are essential to load in the tray icon (and hence stay resident in memory). Uncheck anything else non-essential, like an ATI or Nvidia control panel, Quicktime utility, Real Audio, etc.
9. Upgrade drivers! Check for the latest BIOS, video, motherboard, sound, etc drivers from the manufacturers. Alot of my friends had chipsets on their motherboard that had advanced disk management capabilities or AGP port settings but the drivers weren’t loaded for them so they were never being used. A simple upgrade realized a noticeable difference. For instance, they didn’t have the latest driver for their AGP port so it was set to 1x, instead of being used at 4x!
10. (OK, so this won’t speed up your PC but it could save you alot of time and trouble later on!) After making all these improvements, make a working backup! I use Ghost, but for XP users you can also use System Restore..

. -FOR ADVANCED USERS-

1. Take a look under the hood (for IDE owners). How are your IDE devices configured? If you have more than 1 hard drive, put the master hard drive on the primary IDE channel and the secondary hard drive on the secondary IDE channel (most motherboards have two IDE channels).
2. Place all CDROM drives, DVD readers etc. on the secondary IDE channel (or SCSI bus, etc). This will reduce I/O contention with your master hard drive which should have your OS and apps installed…
3. Remember when I mentioned the location of the swap file? OK, if you have 2 hard drives and you have one on the primary IDE channel and the other on the secondary IDE channel, move the swap file to a partition ON THE SECOND hard drive (on the secondary IDE channel). This will greatly improve system performance as the PC can write to the swap file while loading and running OS and system commands without I/O contention on the primary IDE channel!
4. Take a look under the hood (for SCSI owners) What kind of SCSI do you have? If it’s the newer Ultra 160/320 etc cards then guess what? Any devices placed on the same bus will automatically default to the slowest drive on the chain…this means that if you have say, an Ultra 160 SCSI card, and it has an Ultra 160 drive (capable of transferring 160 mb/sec) on the same chain as a SCSI cdrom drive (capable of only 40 mb/sec) then the whole bus slows down to the 40 mb/sec speed…use different chains for the slower devices and maximize those hard drives!
5. Run a utility like WCPUID and check the settings…is your CPU/front speed bus/AGP port running as fast as they should be? If not, check your drivers and BIOS configuration options. Also, are all of your chipset features enabled? If not, then enable them! (usually done in your BIOS!)
6. Dig in to the BIOS…check settings like boot order, for example…is it checking the floppy first? Change this! Select your order to reflect the hard drive first, then CD, then floppy for a noticeable boot time improvement. Also disable any non-used on board peripherals…for instance, – does your motherboard come with an on-board NIC card? Guess what, if you don’t use that NIC card and it is enabled it will eat up valuable CPU cycles and can be detrimental to your systems’ performance. DISABLE THAT .Also, see if you can play with memory timing and CPU clock frequencies (NOTE! This is for expert users only!) Set these timings to “Aggressive” and see what happens in your games and apps…Also, check to see what your video aperature is set to. If you have a video card with 128 megs of on-baord memory, your aperature should be set to this amount too. Read the BIOS owner manual for further non-general performance tricks or improvements! Do you have the latest BIOS firmware version?
7. Under hardware properties, check to see that everything is working properly, and fix any hardware contention issues. You’ll see the dreaded yellow exclamation point (!) beside any hardware component that is not working correctly.
8. Evaluate the potential for system/hardware upgrades…usually, the best bang for the buck is adding memory so buy all that you can afford (don’t go much above 512 megs for Win 98 or ME). If you have a motherboard with an 8x – capable AGP port but you are using an older 4x video card, consider upgrading to an 8x card. You get the idea here…
9. Quit using software pigs like Norton system utilities, etc. These place files everywhere and can be a real system resource hog on lower end PCs.
10. Did I mention to make a good backup? Do it now! Also, while you’re at it, run a good virus program with the latest definitions. There are more options to make your system faster, such as overclocking, etc. but (just about) everything I’ve mentioned in this tech post costs you nothing and will result in faster system performance!

Getting started

Here are some basics maintenance tasks you can do today to start improving your computer’s security. Be sure you make these part of your ongoing maintenance as well.

* Sign up for software update e-mail notices. Many software companies will send you e-mail whenever a software update is available. This is particularly important for your operating system (e.g., Microsoft VV!|VD0VV$® or Macintosh), your antivirus program, and your firewall.

1. * Register your software. If you still have registration forms for existing software, send them in. And be sure to register new software in the future. This is another way for the software manufacturer to alert you when new updates are available.

* Install software updates immediately.When you get an update notice, download the update immediately and install it. (Remember, downloading and installing are two separate tasks.)

A few simple steps will help you keep your files safe and clean.

1. Step 1: Update your software
2. Step 2: Backup your files
3. Step 3: Use antivirus software and keep it updated
4. Step 4: Change your passwords

Developing ongoing maintenance practices

Now that you’ve done some ground work, it’s time to start moving into longer term maintenance tasks. These are all tasks that you should do today (or as soon as possible) to get started. But for best results, make these a part of a regular maintenance schedule. We recommend setting aside time each week to help keep your computer secure.

* Back up your files. Backing up your files simply means creating a copy of your computer files that you can use in the event the originals are lost. (Accidents can happen.) To learn more read our tips for backing up information.

* Scan your files with up to date antivirus software. Use your antivirus scan tool regularly to search for potential computer viruses and worms. Also, check your antivirus program’s user manual to see if you can schedule an automatic scan of your computer. To learn more, read our tips for reducing your virus risk

* Change your passwords. Using the same password increases the odds that someone else will discover it. Change all of your passwords regularly (we recommend monthly) to reduce your risk. Also, choose your passwords carefully. To learn more, read our tips for creating stronger passwords

Making a schedule

One of the best ways to help protect your computer is to perform maintenance regularly. To help you keep track, we suggest making a regular “appointment” with your computer. Treat it like you would any other appointment. Record it in your datebook or online calendar, and if you cannot make it, reschedule. Remember, you are not only helping to improve your computer, you are also helping to protect your personal information.

Friends here is the site were you can  share and  Broadcast with your friends and family who are online on other Instant Messengers like the Yahoo, MSN, ICQ, and AOL?

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• Use the settings option on your free-do-cart IM page, to select the instant messenger service provider of your choice,
• Click on your choice of IM service provider, and please enter the respective login information, to start inviting your        friends.
• Share your broadcast details with your friends who are online on any of the instant messengers, and start sharing the Broadcast!

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The Cyber Law is based on The Information Technology Act, 2000: A Legal Framework for E-Governance by the Indian Govt. The Connectivity via the Internet has greatly covered geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing incessantly, laws must be formulated to monitor these activities. Some countries have been rather vigilant and formed some laws governing the net. In order to keep pace with the changing generation, the Indian Parliament passed the much-awaited Information Technology (IT) Act, 2000 (hereinafter referred to as ‘the Act’). As they say, “It’s better late than never”.

In this article, you will get the idea of  basic and important provisions of the Act. However, even after it has been passed, a debate over certain controversial issues continues. A large portion of the industrial community seems to be dissatisfied with certain aspects of the Act. But on the whole, it is a step in the right direction for India.

HISTORY

The Department of Electronics (DoE) in July 1998 drafted the bill. However, it could only be introduced in the House on December 16, 1999 (after a gap of almost one and a half years) when the new IT Ministry was formed. It underwent substantial alteration, with the Commerce Ministry making suggestions related to e-commerce and matters pertaining to World Trade Organization (WTO) obligations. The Ministry of Law and Company Affairs then vetted this joint draft.

After its introduction in the House, the bill was referred to the 42-member Parliamentary Standing Committee following demands from the Members. The Standing Committee made several suggestions to be incorporated into the bill. However, only those suggestions that were approved by the Ministry of Information Technology were incorporated. One of the suggestions that was highly debated upon was that a cyber café owner must maintain a register to record the names and addresses of all people visiting his café and also a list of the websites that they surfed. This suggestion was made as an attempt to curb cyber crime and to facilitate speedy locating of a cyber criminal. However, at the same time it was ridiculed, as it would invade upon a net surfer’s privacy and would not be economically viable. As Mr. Dewang Mehta, Executive Director of the National Association of Software and Service (NASSCOM) said, “it would only result in closing down of all cyber cafés and ultimately deprive people of these facilities.” Finally, this suggestion was dropped by the IT Ministry in its final draft.

The Union Cabinet approved the bill on May 13, 2000 and both the houses of Parliament finally passed it by May 17, 2000. The Presidential Assent was finally received in the third week of June 2000.

The Act is arranged in 13 Chapters comprising of 93 Sections along with Four Schedules.

Preamble:

The Preamble to the Act states that it aims at providing ‘legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paper-based methods of communication and storage of information and aims at facilitating electronic filing of documents with the Government agencies.

The General Assembly of the United Nations had adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law (UNCITRAL) in its General Assembly Resolution A/RES/51/162 dated January 30, 1997. The Indian Act is in keeping with this resolution that recommended that member nations of the UN enact and modify their laws according to the Model Law.

Thus with the enactment of this Act, Internet transactions will now be recognised, on-line contracts will be enforceable and e-mails will be legally acknowledged. It will tremendously augment domestic as well as international trade and commerce.

Legitimacy and Use of Digital Signatures:

The Act has adopted the Public Key Infrastructure (PKI) for securing electronic transactions. As per Section 2(1)(p) of the Act, a digital signature means an authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the other provisions of the Act. Thus a subscriber can authenticate an electronic record by affixing his digital signature. A private key is used to create a digital signature whereas a public key is used to verify the digital signature and electronic record. They both are unique for each subscriber and together form a functioning key pair.

Section 5 provides that when any information or other matter needs to be authenticated by the signature of a person, the same can be authenticated by means of the digital signature affixed in a manner prescribed by the Central Government. Under Section 10, the Central Government has powers to make rules prescribing the type of digital signature, the manner in which it shall be affixed, the procedure to identify the person affixing the signature, the maintenance of integrity, security and confidentiality of electronic records or payments and rules regarding any other appropriate matters.

Furthermore, these digital signatures are to be authenticated by Certifying Authorities (CAs) appointed under the Act. These authorities would inter alias, have the license to issue Digital Signature Certificates (DSCs). The applicant must have a private key that can create a digital signature. This private key and the public key listed on the DSC must form the functioning key pair.

Once the subscriber has accepted the DSC, he shall generate the key pair by applying the security procedure. Every subscriber is under an obligation to exercise reasonable care and caution to retain control of the private key corresponding to the public key listed in his DSC. The subscriber must take all precautions not to disclose the private key to any third party. If however, the private key is compromised, he must communicate the same to the Certifying Authority (CA) without any delay.

Writing Requirements:

Section 4 of the Act states that when under any particular law, if any information is to be provided in writing or typewritten or printed form, then notwithstanding that law, the same information can be provided in electronic form which can also be accessed for any future reference. This non-obstante provision will make it possible to enter into legally binding contracts on-line!

Attribution, Acknowledgment and Dispatch of Electronic Records:

Chapter IV of the Act explicates the manner in which electronic records are to be attributed, acknowledged and dispatched. These provisions play a vital role while entering into agreements electronically.

Section 11 states that an electronic record shall be attributed to the originator as if it was sent by him or by a person authorized on his behalf or by an information system programmed to operated on behalf of the originator.

As per Section 12, the addressee may acknowledge the receipt of the electronic record either in a particular manner or form as desired by the originator and in the absence of such requirement, by communication of the acknowledgement to the addresses or by any conduct that would sufficiently constitute acknowledgement. Normally if the originator has stated that the electronic record will be binding only on receipt of the acknowledgement, then unless such acknowledgement is received, the record is not binding. However, if the acknowledgement is not received within the stipulated time period or in the absence of the time period, within a reasonable time, the originator may notify the addressee to send the acknowledgement, failing which the electronic record will be treated as never been sent.

Section 13 specifies that an electronic record is said to have been dispatched the moment it leaves the computer resource of the originator and said to be received the moment it enters the computer resource of the addressee.

Utility of electronic records and digital signatures in Government Audits Agencies:

According to the provisions of the Act, any forms or applications that have to be filed with the appropriated Government office or authorities can be filed or any licence, permit or sanction can be issued by the Government in an electronic form. Similarly, the receipt or payment of money can also take place electronically.

Moreover, any documents or records that need to be retained for a specific period may be retained in an electronic form provided the document or record is easily accessible in the same format as it was generated, sent or received or in another format that accurately represents the same information that was originally generated, sent or received. The details of the origin, destination, date and time of the dispatch or receipt of the record must also be available in the electronic record.

Furthermore, when any law, rule, regulation or byelaw has to be published in the Official Gazette of the Government, the same can be published in electronic form. If the same are published in printed and electronic form, the date of such publication will be the date on which it is first published.

However, the above mentioned provisions do not give a right to anybody to compel any Ministry or Department of the Government to use electronic means to accept, issue, create, retain and preserve any document or execute any monetary transaction. Nevertheless, if these electronic methods are utilised, the Government will definitely save a lot of money on paper!

Regulation of Certifying Authorities (CAs):

A CA is a person who has been granted a license to issue digital signature certificates. These CAs are to be supervised by the Controller of CAs appointed by the Central Government. Deputy or Assistant Controllers may also assist the Controller. The Controller will normally regulate and monitor the activities of the CAs and lay down the procedure of their conduct.

The Controller has the power to grant and renew licenses to applicants to issue DSCs and at the same time has the power to even suspend such a license if the terms of the license or the provisions of the Act are breached. The CAs have to follow certain prescribed rules and procedures and must comply with the provisions of the Act.

Issuance, Suspension and Revocation of Digital Signature Certificates (DSCs):

As per Section 35, any interested person shall make an application to the CA for a DSC. The application shall be accompanied by filing fees not exceeding Rs. 25,000 and a certification practice statement or in the absence of such statement, any other statement containing such particulars as may be prescribed by the regulations. After scrutinising the application, the CA may either grant the DSC or reject the application furnishing reasons in writing for the same.

While issuing the DSC, the CA must inter alia, ensure that the applicant holds a private key which is capable of creating a digital signature and corresponds to the public key to be listed on the DSC. Both of them together should form a functioning key pair.

The CA also has the power to suspend the DSC in public interest on the request of the subscriber listed in the DSC or any person authorised on behalf of the subscriber. However, the subscriber must be given an opportunity to be heard if the DSC is to be suspended for a period exceeding fifteen days. The CA shall communicate the suspension to the subscriber.

There are two cases in which the DSC can be revoked. Firstly, as per Section 38 (1), it may be revoked either on the request or death of the subscriber or when the subscriber is a firm or company, on the dissolution of the firm or winding up of the company. Secondly, according to Section 38(2), the CA may suo moto revoke it if some material fact in the DSC is false or has been concealed by the subscriber or the requirements for issue of the DSC are not fulfilled or the subscriber has been declared insolvent or dead at all.

A notice of suspension or revocation of the DSC must be published by the CA in a repository specified in the DSC.
Penalties for Computer Crimes:

As per the Act, civil liability and stringent criminal penalties may be imposed on any person who causes damage to a computer or computer system. The offender would be liable to pay compensation not exceeding Rs. 1 Crore (10 million) for gaining unauthorised access to a computer or computer system, damaging it, introducing a virus in the system, denying access to an authorised person or assisting any person in any of the above activities.

Furthermore, the Act also defines specific penalties for violation of its provisions or of any rules or regulations made thereunder. However, if any person contravenes any rules or regulations framed under the Act for which no specific penalty is prescribed, he will be liable to pay compensation not exceeding Rs. 25,000.

Moreover, any person who intentionally or knowingly tampers with computer source documents would be penalised with imprisonment upto three years or a fine of upto Rs. 2 lakhs or both. In simpler terminology, hacking is made punishable.

The Act also disallows the publishing and dissemination of obscene information and material. The introduction of this provision should curtail pornography over the net. Any person who disobeys this provision will be punishable with imprisonment of two years and a fine of Rs. 25,000 for the first conviction. In the event of a subsequent conviction, the imprisonment is five years and the fine doubles to Rs. 50,000.

The Controller has the power to issue directions for complying with the provisions of the Act. Failure to comply with his directions is punishable. Moreover, the interference with ‘protected systems’ or the reluctance to assist a Government Agency to intercept information in order to protect state sovereignty and security is also made punishable.

The adjudicating court also has the powers to confiscate any computer, computer system, floppies, compact disks, tape drives or any accessories in relation to which any provisions of the Act are being violated. No penalty or confiscation made under this Act will affect the imposition of any other punishment under any other law in force.

If penalties that are imposed under the Act are not paid, they will be recovered as arrears of land revenue and the licence or DSC shall be suspended till the penalty is paid.

Writing requirements:

Section 4 of the Act states that when under any particular law, if any information is to be provided in writing or typewritten or printed form, then notwithstanding that law, the same information can be provided in electronic form which can also be accessed for any future reference. This non-obstante provision will make it possible to enter into legally binding contracts on-line!

Attribution, Acknowledgement and Dispatch of Electronic Records:

Chapter IV of the Act explicates the manner in which electronic records are to be attributed, acknowledged and dispatched. These provisions play a vital role while entering into agreements electronically.

Section 11 states that an electronic record shall be attributed to the originator as if it was sent by him or by a person authorised on his behalf or by an information system programmed to operated on behalf of the originator.

As per Section 12, the addressee may acknowledge the receipt of the electronic record either in a particular manner or form as desired by the originator and in the absence of such requirement, by communication of the acknowledgement to the addresses or by any conduct that would sufficiently constitute acknowledgement. Normally if the originator has stated that the electronic record will be binding only on receipt of the acknowledgement, then unless such acknowledgement is received, the record is not binding. However, if the acknowledgement is not received within the stipulated time period or in the absence of the time period, within a reasonable time, the originator may notify the addressee to send the acknowledgement, failing which the electronic record will be treated as never been sent.

Section 13 specifies that an electronic record is said to have been dispatched the moment it leaves the computer resource of the originator and said to be received the moment it enters the computer resource of the addressee.

Utility of electronic records and digital signatures in Government Audits Agencies:

According to the provisions of the Act, any forms or applications that have to be filed with the appropriated Government office or authorities can be filed or any licence, permit or sanction can be issued by the Government in an electronic form. Similarly, the receipt or payment of money can also take place electronically.

Moreover, any documents or records that need to be retained for a specific period may be retained in an electronic form provided the document or record is easily accessible in the same format as it was generated, sent or received or in another format that accurately represents the same information that was originally generated, sent or received. The details of the origin, destination, date and time of the dispatch or receipt of the record must also be available in the electronic record.

Furthermore, when any law, rule, regulation or by elaw has to be published in the Official Gazette of the Government, the same can be published in electronic form. If the same are published in printed and electronic form, the date of such publication will be the date on which it is first published.

However, the above mentioned provisions do not give a right to anybody to compel any Ministry or Department of the Government to use electronic means to accept, issue, create, retain and preserve any document or execute any monetary transaction. Nevertheless, if these electronic methods are utilized, the Government will definitely save a lot of money on paper!

Regulation of Certifying Authorities (CAs):

A CA is a person who has been granted a license to issue digital signature certificates. These CAs are to be supervised by the Controller of CAs appointed by the Central Government. Deputy or Assistant Controllers may also assist the Controller. The Controller will normally regulate and monitor the activities of the CAs and lay down the procedure of their conduct.

The Controller has the power to grant and renew licenses to applicants to issue DSCs and at the same time has the power to even suspend such a license if the terms of the license or the provisions of the Act are breached. The CAs have to follow certain prescribed rules and procedures and must comply with the provisions of the Act.

Issuance, Suspension and Revocation of Digital Signature Certificates (DSCs):

As per Section 35, any interested person shall make an application to the CA for a DSC. The application shall be accompanied by filing fees not exceeding Rs. 25,000 and a certification practice statement or in the absence of such statement, any other statement containing such particulars as may be prescribed by the regulations. After scrutinising the application, the CA may either grant the DSC or reject the application furnishing reasons in writing for the same.

While issuing the DSC, the CA must inter alia, ensure that the applicant holds a private key which is capable of creating a digital signature and corresponds to the public key to be listed on the DSC. Both of them together should form a functioning key pair.

The CA also has the power to suspend the DSC in public interest on the request of the subscriber listed in the DSC or any person authorised on behalf of the subscriber. However, the subscriber must be given an opportunity to be heard if the DSC is to be suspended for a period exceeding fifteen days. The CA shall communicate the suspension to the subscriber.

There are two cases in which the DSC can be revoked. Firstly, as per Section 38 (1), it may be revoked either on the request or death of the subscriber or when the subscriber is a firm or company, on the dissolution of the firm or winding up of the company. Secondly, according to Section 38(2), the CA may suo moto revoke it if some material fact in the DSC is false or has been concealed by the subscriber or the requirements for issue of the DSC are not fulfilled or the subscriber has been declared insolvent or dead et al.

A notice of suspension or revocation of the DSC must be published by the CA in a repository specified in the DSC.
Penalties for Computer Crimes:

As per the Act, civil liability and stringent criminal penalties may be imposed on any person who causes damage to a computer or computer system. The offender would be liable to pay compensation not exceeding Rs. 1 Crore (10 million) for gaining unauthorised access to a computer or computer system, damaging it, introducing a virus in the system, denying access to an authorised person or assisting any person in any of the above activities.

Furthermore, the Act also defines specific penalties for violation of its provisions or of any rules or regulations made thereunder. However, if any person contravenes any rules or regulations framed under the Act for which no specific penalty is prescribed, he will be liable to pay compensation not exceeding Rs. 25,000.

Moreover, any person who intentionally or knowingly tampers with computer source documents would be penalised with imprisonment upto three years or a fine of upto Rs. 2 lakhs or both. In simpler terminology, hacking is made punishable.

The Act also disallows the publishing and dissemination of obscene information and material. The introduction of this provision should curtail pornography over the net. Any person who disobeys this provision will be punishable with imprisonment of two years and a fine of Rs. 25,000 for the first conviction. In the event of a subsequent conviction, the imprisonment is five years and the fine doubles to Rs. 50,000.

The Controller has the power to issue directions for complying with the provisions of the Act. Failure to comply with his directions is punishable. Moreover, the interference with ‘protected systems’ or the reluctance to assist a Government Agency to intercept information in order to protect state sovereignty and security is also made punishable.

The adjudicating court also has the powers to confiscate any computer, computer system, floppies, compact disks, tape drives or any accessories in relation to which any provisions of the Act are being violated. No penalty or confiscation made under this Act will affect the imposition of any other punishment under any other law in force.

If penalties that are imposed under the Act are not paid, they will be recovered as arrears of land revenue and the licence or DSC shall be suspended till the penalty is paid.

Adjudicating Officers:

The Central Government shall appoint an officer not below the rank of Director to the Government of India or equivalent officer of the State Government as an adjudicating officer to adjudicate upon any inquiry in connection with the contravention of the Act. Such officer must have the legal and judicial experience as may be prescribed by the Central Government in that behalf.

The Adjudicating Officer must give the accused person an opportunity to be heard and after being satisfied that he has violated the law, penalise him according to the provisions of the Act. While adjudicating, he shall have certain powers of a Civil Court.

Cyber Regulations Appellate Tribunal (CRAT):

A Cyber Regulations Appellate Tribunal (CRAT) is to be set up for appeals from the order of any adjudicating officer. Every appeal must be filed within a period of forty-five days from the date on which the person aggrieved receives a copy of the order made by the adjudicating officer. The appeal must be the appropriate form and accompanied by the prescribed fee. An appeal may be allowed after the expiry of forty-five days if ‘sufficient cause’ is shown.

The appeal filed before the Cyber Appellate Tribunal shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. The CRAT shall also have certain powers of a civil court.

As per Section 61, no court shall have the jurisdiction to entertain any matter that can be decided by the adjudicating officer or the CRAT. However, a provision has been made to appeal from the decision of the CRAT to the High Court within sixty days of the date of communication of the order or decision of the CRAT. The stipulated period may be extended if sufficient cause is shown. The appeal may be made on either any question of law or question of fact arising from the order.

Police Powers:

A police officer not below the rank of deputy superintendent of police has the power to enter any public place and arrest any person without a warrant if he believes that a cyber crime has been or is about to be committed. This provision may not turn to be very effective for the simple reason that most of the cyber crimes are committed from private places such as one’s own home or office. Cyber-cafés and public places are rarely used for cyber crimes. However, if the Act did give the police department powers to enter people’s houses without search warrants, it would amount to an invasion of the right to privacy and create pandemonium. Keeping this in mind, the Legislature has tried to balance this provision so as to serve the ends of justice and at the same time, avoid any chaos.

On being arrested, the accused person must, without any unnecessary delay, be taken or sent to the magistrate having jurisdiction or to the officer-in-charge of a police station. The provisions of the Code of Criminal Procedure, 1973 shall apply in relation to any entry, search or arrest made by the police officer.

Network Service Providers not liable in certain cases:

To quote Section 78, it states:

“For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention.”

“Explanation.-For the purposes of this section,-

(a) ‘network service provider’ means an intermediary;

(b) ‘third party information’ means any information dealt with by a network service provider in his capacity as an intermediary.”

Thus a plain reading of the section indicates that if the network service provider is unable to prove its innocence or ignorance, it will be held liable for the crime.

Cyber Regulations Advisory Committee (CRAC):

The Act also provides that as soon as it is enacted and it comes into force, the Central Government shall constitute the CRAC. The CRAC will assist the Central Government as well as the Controller of CAs to form rules and regulations consistent with the provisions of the Act. The Controller will notify these regulations in the Official Gazette after consultation with the CRAC and the Central Government.

Amendments:

With the introduction of the IT Act certain amendments are to be carried out in the Indian Penal Code, 1860, the Indian Evidence Act, 1872, the Banker’s Book Evidence Act, 1891 and the Reserve Bank of India Act, 1934. These amendments will try and make these existing codes Internet compatible.

LACUNAE:

After having discussed the important provisions of the Act, attention should also be drawn to some of its loopholes.

Inapplicability:

The first and foremost setback is that the provisions of the Act do not apply to the following:

1. a negotiable instrument as defined in Section 13 of the Negotiable Instruments Act, 1881;
2. power of attorney as defined in Section 1A of the Powers-of-Attorney Act, 1882;
3. a trust as defined in Section 3 of the Indian Trusts Act, 1882;
4. a will as defined in Section (h) of Section 2 of the Indian Succession Act, 1925, including any other testamentary disposition by whatever name called;
5. any contract for the sale or conveyance of immovable property or any interest in such property.

It is envisaged that the efficacy of the Act may not be considerable owing to its restrictive applicability.

Digital Signatures:

Act deals only with PKI framework for authentication. It does not recognize any other authentication procedure though the ambit of ‘legal record’ is wide. This may cause problems for m-commerce transactions that may not necessarily use the PKI system for authentication and security purposes.

Qualifications and Powers of Adjudicating Officers Unclear:

The Act is unclear as to the qualifications of an adjudicating officer and the manner in which he shall adjudicate.

Moreover, though the statute is supposedly a ‘long arm statute’, it does not indicate the powers of the adjudicating officers when a person commits a cyber crime or violates any provisions of the law from outside India. Several practical difficulties may also arise in importing the cyber criminal to India. The Act does not lay down any provisions whereby extradition treaties can be formed with countries where the cyber criminal is located. Therefore, the extra-territorial scope of the Act may be difficult to achieve.

Furthermore, the powers to impose a penalty for a computer crime upto Rs. 1 crore offers a large discretion to adjudicating officers and may turn out to be harmful.

Possible Violation of Fundamental Rights:

The provision that no order of the Central Government appointing any person as the presiding officer of a CRAT shall be called into question in any manner and no act or procedure before a CRAT shall be called into question in any manner merely because there is a defect in the constitution of the CRAT may be violative of the fundamental rights of citizens under the Constitution of India. This provision could be misused by the Central Government in an unfair and arbitrary manner. It is recommended that is provision be modified so that the interests of the public at large are safeguarded.

Misuse of Police Powers:

The search and arrest powers given to police officers are without any definite guidelines and may be ill-used.

ISP Liability – Responsibility for Content Regulation not attributable:

While Section 78 absolves a network service provider of its liability if it can prove its ignorance and due diligence, it fails to specify as to who would be held liable for such contravention in such an event. This provision will certainly cause problems when an offence regarding third party information or provision of data is committed.

No Intellectual Property Rights Protection Guaranteed:

Regulation of intellectual property rights, particularly copyright on the Internet is an ever-growing problem. The Act does not discuss the implications of any copyright violations over the net. It has no provisions to penalise copyright infringers, commonly known as “pirates” for their activities over the net. Internet piracy is a major problem has not been tackled by this Act. No amendments have been proposed to the Copyright Act of India.

New ways to sign up/sign in

Twitterfeed has previously exclusively used OpenId for its login process. Now you’ll also be able to login with a traditional username/password system as well as your Google, Yahoo and AOL accounts. This will give you much greater flexibility on how you choose to sign up. We’ve also worked on the design of the site to make creating and tracking feeds much simpler and more intuitive.

We’ve built a feed dashboard that shows you analytics on all your posts. Thanks to bit.ly you’ll be able to see just how many people have clicked on your link through twitterfeed. What’s more, if you are also using feedburner for your traditional distribution and have enabled their awareness api, then you’ll be able to benchmark your social distribution through twitterfeed against more traditional distribution through RSS readers.

You can also use twitter account for twitter feed

]]> http://www.technicalathma.com/2009/08/tweeter-swarm/feed/ 1 http://www.technicalathma.com/2009/08/loudfusion-content-sharing-and-social-community/ http://www.technicalathma.com/2009/08/loudfusion-content-sharing-and-social-community/#comments Thu, 06 Aug 2009 07:18:31 +0000 admin http://www.technicalathma.com/?p=276

Loudfusion is a simple online community for content sharing and socializing, where you can make friends, upload content, build playlists and have a good time.

Features :

1. Keep in touch with friends
2. Your own profile and blog
3. Build music and video widgets
4. Create playlists
5. Share your art and photos
6. Messaging and interaction
7. Live chat and music streaming
8. All this and much more…