Facebook and ITA 2008-Need for Practicing Due Dilgence
Nov 18: Facebook has been under the center of a controversy in India for "Non Compliance of ITA 2008". It is reported that due to a security failure several thousands of Facebook users received a spam content which was then used to compromise the respective accounts of the user. Consequently links were reportedly posted which introduced a "Trojan" . It is reported further that the trojan stole some photographs posted on the facebook profile, morphed it into pornographic pictures. (See this TOI report). Facebook is considered an "Intermediary" under Indian law and is expected to follow "Due Diligence" as per the provisions of the Act. Failure to follow due diligence could make Facebook liable for any offence committed by the users making use of the Facebook platform. ..
...Additionally Facebook type of service providers which includes all the social networking sites need to put in place an appropriate dispute resolution mechanism on the lines of ICANNs UDRP process or some thing better.... More
posted by Naavi @ 8:42 PM
<< Home