Companies should reveal account name, ip details of cyber crime perpetrators & help victim
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I am a software engineer and a mother of a 4 year old son. My life was irreversibly changed in Oct 2017. Me and my entire family started suffering at the hands of a cyber criminal. Hiding behind TOR browser and fake mailinator accounts this criminal went on to create >10 websites defaming me and my family.
After much struggle and registering an FIR and repeated reporting Quora banned the account but refused to give account creator details. Later Tumblr removed the offending site and again refused to give account creator details. Pastebin gave the account creator details but it was not useful information as the account had no name and was a guest paste. The fact that the accounts were defamatory , fake , kept changing stories, displayed my and my family's profile photos without our consent did not seem to bother these companies. After 4 months of continued efforts the only thing known to me about this cyber criminal is that they also use another fake name / moniker called "@adwaitdharma" on twitter.
Wordpress dealt with this whole issue very badly. They went on to say they could not decide if the content was defamatory and refused to even remove the offending site. They in fact went on to say posting photos without my consent was not a crime and the US free speech act protected them as they were an ISP. Despite repeatedly reminding them of the MLAT treaty India had with USA, they didn't seem to care the distress this caused me. Google said they can't remove the links , if the webmaster doesn't.
If these companies were to go back and check the account details of these fake websites , it would be very clear to them that these were created by hackers and cyber criminals. Someone who uses TOR, disposable email accounts like mailinator and pays with bitcoins, stalking and declaring war on a mother like me is obviously a cyber criminal and should not be allowed to profit from privacy laws. The fact that these companies allow such fake accounts to be created is a clear violation of their own terms and services.
All these companies do business in India but refuse to respect Indian police request / Indian IT ACT 2000 laws for user data saying they are headquartered in USA. Defamatory and gripe sites should never be protected. When someone goes on to cyber stalk a women, criminally harass her and scare and hurt her family then that person needs to go to jail.Being behind a computer and being anonymous should not give them any protection.
Remedy to be given to Indian citizens:
I , as a mother request the Supreme Court of India, to take suo-moto cognisance of my petition and pass guidelines for zero tolerance against cyber crimes. I request the Honourable Minister Sushma Swaraj and Ministry of External Affairs to tighten the compliance of foreign companies with MLAT. I request the Honourable Minister Maneka Gandhi and Ministry of women and child development to bring in stringent laws and zero tolerance towards cyberstalking and cyber crimes against women and children. I request the following relief:
1. When any fake account/ website posts information that defames and harasses a person then the account email, name , account created location, IP logs and server log details all need to be exposed to the police and the suffering victim.
2. Companies like Quora, Wordpress, Tumblr should not be allowing the creation of accounts that are not verified. In case fake defamatory accounts are created, then no privacy protection for those accounts should be allowed.
3. Cyber stalking, name calling of a women as a whore/prostitute/slut and posting even her profile photos without their consent should be made a criminal offense.
4. India has growing digital presence and cyber safety to its citizens is an important aspect. Request the Government of India to set up more training centers and provide state of the art technology to Cyber cells. The cyber cells today are woefully understaffed and do not have the technical equipment to beat hackers at their own game.
5. If a company does business in India, then it has to be compliant with the laws of the land. When their is a police request for the account holder's details then the companies like Wordpress should not take refuge under US laws.
6. Any foreign company in India should be aware of the MLAT in cyber crimes and release the information of the cyber criminal and help the victim.
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