Neeraj aarora cyber_lawyer_internet_crime_-_law_and_patents

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Neeraj Aarora

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Mais de Neeraj Aarora

"We have broken SHA-1 in practice," and "SHAttered attack" can be used to compromise anything that relies on SHA-1, says a group of researchers from the CWI Research centres in Amsterdam and Google. The hash functions play a vital role in proving the integrity of electronic evidence as hashing of the electronic evidence is done at three stages, pre acquisition, post acquisition and post forensics and consistency of hash values at these three stages establish not only integrity of evidence but also sanctity of the forensic examination process. The moment two different message inputs produce the same hash, the so-called collision can open the door to challenges the integrity of evidence. A collision occurs when the two different files or messages produce the same cryptographic hash. . The most well-known collision occurred in 2010 against the MD5 hash algorithm in malware known as Flame which was used to hijack the Windows Update Mechanism. . Prosecution agencies like CBI, ED, NIA etc are filing the audio/video clips of the intercepted recording by computing either the MD5/SHA-1 hash value which would reduce the veracity of the investigation agencies claims as to the integrity of these audio or video files as the hash value generated by MD5/SHA-1 no more remains unique. It may not pose a challenge to the admissibility of the data under section 62 or 65B of the evidence act but it would certainly impact the probative value or the weight which could be assigned to such evidence by the trial courts. In context with digital forensic, If now onwards a forensic expert uses SHA -1 hashing algorithm for verification of integrity of the data, whether such expert would be able to give any satisfactory answer to the court why SHA-1 is being used particularly once it is proved that the SHA-1 algorithm is subject to collision and data can be fabricated. The new technology Solid State Drives has already made the hashing concept as obsolete and present SHA-1 ordeal, cloud computing, encryption etc. would continue to be problematic for recovery, authenticity & reliability of electronic evidence. Read Full Article at – http://www.neerajaarora.com/sha-1-official-dead/

SHA-1 OFFICIAL DEAD: Authenticity Challenge in Electronic Evidence Cases

Neeraj Aarora

Current trends in cyber crime scenario

Neeraj Aarora

Blowing the whistle

Neeraj Aarora

The already devastated legal heirs of deceased victim of the vehicle accident involving government vehicle now, no longer have to run from pillar to post to get compensation which is denied to them on the ground of government vehicle engaged in so called sovereign duty and thus claim sovereign immunity which is an archaic concept. No civilized country in this world which claims itself to be founded on the notions of the welfare state, shun its liability towards accident victims and their legal heirs involving its own vehicle on the ground they were doing a government duty, thus, entitled to act in any manner as it is sovereign. No legal system today can place the State above law as it is unjust and unfair for a citizen to be deprived of his life or property illegally by negligent act of employees or officers of the State without any remedy. The Government and its functionary have trend to deny their liability towards the poor victim or the legal heir victim of state negligent act by raising the plea of the sovereign immunity, showing their apathy towards the victims which reflects the medieval mindset borrowed from the British Raj.

State cannot claim sovereign immunity in motor accident cases says delhi high...

Neeraj Aarora

-APPLICABILITY TO CLAIMS UNDER THE MOTOR VEHICLE ACT The Old and archaic concept of Sovereign immunity that “King can do no wrong” still haunts us, where the state claim immunity for its tortious acts and denies compensation to the aggrieved party. The doctrine of sovereign immunity is based on the Common Law principle borrowed from the British Jurisprudence that the King commits no wrong and that he cannot be guilty of personal negligence or misconduct, and as such cannot be responsible for the negligence or misconduct of his servants. Another aspect of this doctrine was that it was an attribute of sovereignty that a State cannot be sued in its own courts without its consent.

DOCTRINE OF SOVEREIGN IMMUNITY

Neeraj Aarora

Forensic Accounting Forensic accounting is a rapidly growing area of accounting concerned with the detection and prevention of financial fraud and white-collar criminal activities. George A. Manning in his book "Financial Investigation and Forensic Accounting" defines Forensic Accounting as the science of gathering and presenting financial information in a form that will be accepted by a court of jurisprudence against perpetrators of economic crimes. The integration of accounting, auditing, and investigative skills yields the specialty known as Forensic Accounting which focuses very closely on detecting or preventing accounting fraud. "Forensic", according to the Webster’s Dictionary means, "Belonging to, used in or suitable to courts of judicature or to public discussion and debate." The word accounting is defined as "a system of recording and summarizing business and financial transactions and analyzing, verifying, and recording the results." The term ‘forensic accounting’ refers to financial fraud investigation which includes the analysis of accounting records to prove or disprove financial fraud and serving as an expert witness in Court to prove or disprove the same. Thus, basically, the forensic accounting is the use of accounting for legal purposes.

Forensic Accountant: Reliability & admissibility as Expert Witness

Neeraj Aarora

The Information Technology (Amendment) Bill, 2008 (Bill No.96-F of 2008) was passed by the both houses of parliament on December, 2008 and received the accent of the president on 5th February, 2009. However, the Amendment Act had not yet come into force and was only for information purpose. However, there was lots of confusion about the date of “Notification” of IT Amendment Act, 2008 as per the requirements of the Section 1 (2) of the same. However, after the wait of almost more than 8 months, the Information Technology (Amendment) Act, 2008 (ITAA, 2008) has been notified with effect from 27/10/2009 and is now become operational.

It Amendment ActIT Amendment Act, 2008 notified w.e.f. 27/10/2009

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