THE employer must pay a reasonable interest if a payment, due to the employee, is made late, the Bombay High Court has held.
Whether the service contract of the employee provides for payment of interest is immaterial, said the division bench of Justices Anoop Mohta and CL Pangarkar.
Petitioner Yuvraj N Rodye was working with the Maharashtra State Electricity Board since 1975. In 1989, Mr Royde became entitled for arrears of salary from August 1975 onwards.
However, for no justifiable reason, the payment was delayed. It was only in September 1994 that he was told to collect his dues. He received the amount, but applied for getting interest for the period of delay. But MSEB refused his request, stating that the service rules did not provide for such payment.
He moved the Nagpur bench of the High Court seeking interest at the rate of 16% on the total payment. The High Court, in the decision pronounced on Thursday, held that Mr Rodye was entitled to get the interest. “There was no justification to take such a long time for fixing arrears,” the court said.
Whether the delay was intentional or not was immaterial, the HC said, adding: “Employees can’t be allowed to suffer because of inaction on the part of the employer.” However, the court found the 16% interestdemand unreasonable. It directed that the petitioner be paid interest at the rate of 8% from the due date of payment of arrears.
Employer must pay interest on delayed pay: HC
Identity Theft Protection - Fight Fire With Fire
Tags: cyber law, Identity Fraud, Identity Theft, Identity Theft Prevention, Identity Theft Protection, Of Identity Theft, Report Identity Theft
You’ve surely heard about why you need identity theft protection. A carelessly tossed receipt or lost credit card that falls into the wrong hands can ruin your financial life. Fraudulent emails asking for personal information like Social Security numbers or bank account numbers are obvious tip-offs that an identity thief is lurking and trying to make you a victim.
The question becomes, “What can the average person do to ensure that personal information is kept personal, and to guard against possible identity theft?” Here is a list of suggestions that will help you get the best possible identity theft protection.
Look at your credit reports. These reports contain the kind of information an identity thief is interested in, and the statistics that you should have a good understanding of, in terms of identity theft protection. The report shows what accounts you have and how you pay your bills. The law allows you to obtain a free version of this report at least once a year. If an identity thief is operating with your information, this report will show it in some way.
Review the credit reports. Look for any benchmarks that would tell you of possible identity theft, like inquiries from companies you haven’t contacted, accounts you didn’t open, and debits on accounts that can’t be explained. Check to see that all personal information is correct and that an Identity Thief hasn’t tampered with it.
Review your financial statements. Look at your accounts and billing statements on a regular basis. Watch for any changes that seem odd, like debits that you can’t account for and other things that could be the sign of possible identity theft.
It’s sad, but many people never find out that their personal information has been stolen until after an identity thief has done damage. You may only find out after bills or debts that you’ve never incurred go to a collection agency and then it’s too late for identity theft protection. You might only learn of a bad credit history when you are refused a car loan or mortgage, or when you open your mail to find a letter about a house you never owned, an apartment you never rented, or a job you never held. All these cases demand you investigate possible identity theft immediately.
You need identity theft protection in this online world. This means understanding your own vulnerabilities for fraud with personal information, and taking the steps to mend these potential problems. It’s the best thing you can do for yourself to ensure that your financial situation remains protected at all times.
Samantha Ellis makes it easy for you to advance your education, improve your life, get a raise and do it all in your shorts from the comfort of your own home. Distance learning mbas are available for every interest and hundreds of types of distance learning degrees.
Cyber Crime-the New Threat to the Advanced World
Tags: CRIME, Cyber Crime, cyber law, Data Theft, Hacking, Law, Lpo, Outsourcing, Virus Attack
Cyber world today is facing the most complicated problem of fighting a crime which is hard to detect and curb in the borderless world. Cyber crime though has its origin in the conventional crime, it is hard to detect because of the highly technical mode of committing it. It is ironical that the advancement in the computer network worldwide, which has brought all the nations together on a global stage, has given rise to such an alarming situation. The law enforcement agencies, unaware of the technological know-how find it hard to nab the criminals involved in the offences related to cyber space. The main categories of cyber crime include hacking, theft of information, data diddling, virus attacks, web jacking, Trojan attacks etc.
Cyber terrorism is another dimension of the cyber crime which has raised serious security concerns world over. It could be understood as planned and intentional hacking of computer programs, data and information. The US economy is extremely vulnerable to cyber crimes as all the functions being performed by the government and financial institutions in the US are highly dependant upon the world of computers.
Cyber terrorists are capable of causing devastation to an unimaginable extent. In the year 1988, a computer virus was created that infected more than six thousand internet servers. In some other part of the world, a group of cyber criminals, posing as phone technicians, rerouted calls by tapping the phone lines. In yet another incident, the services provided by an airport were greatly affected when a hacker halted the airports’ computer system in 1997. These incidents indicate that cyber terrorists have the potential of inflicting damage to the whole community.
There are many criminal groups within the territorial boundaries of United States, which are capable of carrying out destruction through cyber technologies within the country. They have sophisticated websites that provide links to other criminal groups.
Among the various terrorist organizations, Al Qaeda has notoriously held the top most position in the list of U.S. government since many years. Its network has penetrated its roots deep within the humanity across the world. Planned attacks by Al Qaeda prove the use of advanced and sophisticated technology by the organization. Hizbullah is another terrorist organization which functions in the U.S. They are determined to establish Islamic power in the Middle East countries and propagate beliefs and ideas through their website.
The mode of operation of cyber crimes is different from the conventional crimes. Just with a single cyber attack the professional cyber criminals can affect a huge number of network servers and computer systems and can conduct his activities by remaining far away from the place of incident.
Tracking cyber terrorists and prosecuting them is not an effortless procedure. The government of U.S.A has framed the National Strategy for the security of cyber world which includes clauses for the expansion of national cyberspace security response system and procedures for development of training programs.
Co-operation and collaboration from all segments of society – right from home level computer users to extremely crucial government bureaus, is required to combat cyber terrorism. At worldwide level, Interpol, which works as mediator between law agencies of different countries, has served a great role in publicizing the names of cyber terrorists and in tracking of criminals on international scale. Apart from providing intelligence services to the countries associated with it, Interpol is attempting to facilitate data sharing between member nations, conducting operational information analysis, sponsoring training in cyber terrorism.
The Federal Bureau of Investigation has set up the National Infrastructure Protection Center which is trying hard to enhance communication levels between different government agencies for curbing cyber terrorism. The principle behind the U.S.A Patriot Act is to detect and scrutinize cyber crimes. This act has given the authority to probe the activities regarding cyber terrorism to Secret Service.
Computer Forensics - a Brief Introduction
Tags: Computer Forensics, Computer Investigations, cyber law, Digital Investigation, Forensic Analysis Of Computer, Investigate A Computer, Investigate Computer
Computer Forensics is the function of utilising scientifically proven methods to assemble together and process data found on a digital device, (computer, hard disk drive, mobile phone, memory card etc), and interpret that data for possible use in a court of law or other theatre of investigation. The evidence may assist in the prosecution or a criminal, help in the defence of an accused person, or be of intelligence to an individual who is seeking knowledge for either personal or professional reasons.
The main users of Computer Forensics are law enforcement officers, as a large percentage of crimes in some way utilise digitally stored data. This data could be a phone call made on a mobile phone, (or cell phone), which could place an individual at the scene of a crime, (or of course away from it), accounts for illegal activities such as drug sales, images of paedophilia, human resource issues, hacking, email abuse, unauthorised data duplication, IP theft etc. Corporate organisations are utilising computer forensics more and more now as they often have to investigate incidents such as inappropriate computer use, inappropriate email use, unauthorised data duplication and disloyal employees. Human Resource departments and Internal Security are the biggest users of these specialist corporate services. Private individuals may also use these services. It may be the lover cheating on their partner, or inappropriate internet use by a family member.
Computer Forensics or Cyber Forensics as it is also known, is now taught at many colleges and universities around the world, and is available to both the law enforcement community and private individuals.
What to do if you suspect illegal or inappropriate activity on a computer or digital device:
1. Turn the power off – Pull the plug out if necessary
2. Secure the ‘exhibit’. Don’t allow anyone access to it, security seal it if possible
3. Contact a Computer Forensics Expert
What NOT to do if you suspect illegal or inappropriate activity on a computer or digital device:
1. Call your IT manager, or one of your technical staff
2. Get them to ‘see’ if the user has been looking at ‘dodgy’ websites or if any important files are missing
3. Sack the member of staff
The analogy of the above:
Imaging a body lying in a muddy field. There is a blanket over the body and something petruding from it. By not following procedures, what you will have done is the same as follows:
1. See the body
2. Walk up to the body in the field
3. Take the blanket off the body
4. Move the body to ‘have a look’
5. Put the blanket back over the body – ‘like it was before’
6. Leave the field
What you have just done:
Entered the scene of a crime, left YOUR footprints all over the muddy field, left YOUR fingerprints on the body and blanket, left YOUR DNA all over the place.
You then expect to call the relevant organisation/authority and have them try and find evidence, which has just been tainted by YOU or YOUR STAFF. This is not a good start, and could make the case in question inadmissible.
Remember that this is a very specialised service provided by experts. Use experts to do the job correctly in the first place, then there shouldn’t be a problem.
Protecting your Website Legally From the Music Industry
Tags: cyber law, Music Industry, Online Music, Production Music, Video Music, Website Music
In the connected world, where businesses pop up like dandelions and anyone with a computer can upload video, audio and text-based content to be shared across the web, it is of growing importance to understand the potential legal ramifications associated with these technical advancements.
Most internet businesses make use of some sort of rich media on their websites such as video or music. What most don’t realize is that even the smallest S-Corp can find itself in hot water if it doesn’t understand the basics.
The intent of this article is to focus on the use of production music (music on your website) and the ways you can protect your business or yourself from copyright infringement.
What is production music?
Production music is music intended for use in connection with films, corporate videos, Television shows, commercials, Internet video, multimedia and any other form of media that requires music.
If you’ve ever listened to an advertisement on the radio, watched an infomercial, or heard menu music on a video game, then you have probably heard production music.
Production music libraries cover a multitude of genres, providing music for most tastes at varying levels of quality. Traditionally, production music comes in shorter lengths. These lengths are normally 30 seconds, 60 seconds and 90 seconds.
Production music also comes in different variations known as full and reduced versions. Reduced versions are identical to full versions with the exception of one or possibly two of the main instruments having been removed.
Who uses production music?
Production music is most widely used by industry experts like; video editors, producers, music supervisors, videographers, and creative directors. Although increasingly, it is being used by relative amateurs for websites, podcasts, streaming video and more.
How do I Get a License?
Something called a Synchronization License or Sync License must be obtained for the music in question before it can be utilized in any audiovisual production, such as a motion picture, television program, television commercial, video production, or website.
Sync Licenses come in different shapes and sizes. Two of the most popular are a Drop License and Blanket License. They are most commonly made available by production music publishers such as Slynth (www.slynth.com).
How do I get a Sync License?
Production music publishers will usually license music on what is called a needle drop (a.k.a Drop License) or a Blanket License.
A needle drop or Drop License is a license that requires payment for individual songs. The prices for each song vary depending on the type of production in which the song is being used. The rule of thumb when pricing Drop Licenses is - the larger the audience, the higher the price. (Rate cards can be requested with Drop Licenses.)
A Blanket license is a license that affords a user either a set number of music selections or unlimited use of music selections in any given production. The distinction between a blanket and drop license is a drop is issued for one song, a blanket for many. Obtaining a blanket license involves dozens of variables, so it usually requires some negotiation. Venues such as radio stations or night clubs will often require blanket licenses.
Is A Sync License the Same as a Performance License (Permission from the Musician)?
Unfortunately, no it isn’t. Obtaining a Sync License doesn’t absolve you from getting legal permission from the artist. And, seeing as musicians aren’t known for their knowledge of the legal system, you might imagine that obtaining such a license would be rather difficult. In actuality, the opposite is the case.
The reason for the relative ease of obtaining a Performance License is most musicians are represented by one of two agencies or “performance right societies” that handle the legal jargon. These societies manage the right of performers and see to it that artists get paid when you play their songs in a “public” venue.
Performance rights societies such as ASCAP, BMI and SESAC collect monies for composers and publishers. These societies handle Performance Licenses and should be consulted before you publish any finalized work.
Who needs a performance license?
Anyone who uses copyrighted music in a public place including radio and television stations and/or their networks; all new media, like the Internet and mobile technologies such as ringbacks and ringtones; satellite services like XM and Sirius; discos, nightclubs, bars, restaurants, hotels, and other venues. This includes digital jukeboxes and live concerts. All should obtain a performance license.
What happens if I don’t have a performance license?
Production music users are in danger of copyright infringement without a license from a performing rights organization. If you’re an individual with a small audience and no real money (ie you’re not a business), then you are at lower risk of having suit brought against you for copyright infringement.
However, if you’re an individual with a large audience or you’re a business or organization and you fail to obtain the proper licensing, be prepared to hire a lawyer.
The basic rule of thumb with rich media on your website is this: If you’re going to use audio without a license, make sure no one sees it. This may be a difficult rule for most webmasters to cope with, as the purpose of internet businesses is to be seen. Remember the best choice, if you have a large enough audience, is to be safe and purchase the required licenses.
This article was written by Mike Bradbury. Mike is an employee of Objectware, Inc an Atlanta Web Design and Atlanta Search Engine Optimization Company. Mike creates search engine visibility for clients in the Atlanta and Washington DC areas.
The People Behind Uigea of 2006
Tags: Civil Liberties, cyber law, Online Bingo, Online Gambling, Online Games, Uigea
Did you ever wonder what kind of person would think up a travesty like the Unlawful Internet Gambling Enforcement Act of 2006? (UIGEA) The underhanded tactics used to ram this bill through congress have been thoroughly covered by this author and many others. But what about the people behind this law? What kind of people are they and how and why do they think the way they do?
The bill had 3 or 4 main sponsors the main three being Bill Frist, John Kyl, and Bob Goodlatte all Republicans. Of the lot Bill Frist takes the cake for sheer hypocrisy and criminal activity. While Mr. Frist was making decisions about how law abiding Americans could spend their money he was involved in one of the largest Medicare and Medicaid scams ever to be perpetrated on the American taxpayer. Mr. Frist was already an extremely wealthy man when he came to congress. His family owned the Hospital Corporation of America the largest for profit hospital group in the United States. Over billing, kickbacks to doctors, and outright abuse of the system resulted in a fine of 630 million dollars in a settlement reached with the Department of Justice. In a sweetheart deal arranged by members of the Bush administration not one person served jail time. While ripping off the taxpayer Mr. Frist constantly engaged in ‘family values’ rhetoric designed to pander to a tiny minority or religious extremists. Before this scandal occurred Mr. Frist was caught insider trading and dumping stock before it hit the fan for his family’s corporation. Of course he was never prosecuted. And who can forget his long distance diagnosis of Terry Schiavo. His long distance diagnosis of Schiavo drew the ire of medical ethicists from around the globe. This is a guy who thinks gambling is immoral? Fortunately for the United States he is no longer in office but it will take years to undo the damage done by UIGEA.
Next we come to John Kyl of Arizona. To this day Mr. Kyl is pushing for stricter enforcement of UIGEA. He recently sent a letter to Bush urging him to increase enforcement of UIGEA. A closer look at Mr. Kyl reveals a lot. Mr. Kyl has a long standing relationship with the racist and anti Semitic John Birch Society as evidenced by his opposition to a Martin Luther King holiday in Arizona. He opposed funding for more armor on HMV’s to make them safer for those troops serving in Iraq. What is mind boggling is the fact that in 2002 Mr. Kyl sponsored a bill that would prevent internet jamming or censorship by other countries and then introduces a draconian bill that censors the internet in the United States. Of course organized crime was ecstatic over the passage of UIGEA because it allows them to assume their old role as the main providers of gambling in the US.
And then there’s Bob Goodlatte. While Mr. Goodlatte doesn’t like gambling much he accepted campaign contributions from the horse racing industry. When several journalists pointed out that Goodlatte had received $40,000 from the horse racing industry Mr. Goodlatte made a public show of giving the contributions back. He then proceeded to establish what he called a ‘good fund’ which accepted contributions of $15,000 from the horse racing industry which Mr. Goodlatte did not give back. In keeping with his peculiar ‘family values’ he voted to deny care to those too poor to afford the co pay for treatment under Medicare. Oh yeah, he wants to privatize one of the few government programs that actually works, social security. Another shining example of those who want to dictate morality to US citizens.
Fortunately for the American public Mr. Frist is no longer in congress and his presidential aspirations have been quashed forever. It boggles the mind to imagine what a Frist administration would be like. On the other hand both Kyl and Goodlatte are still in congress pursuing their nightmarish agenda. Just recently Kyl sent a letter to Bush urging him to rigorously enforce the regulations in UIGEA. Goodlatte continues to be active promoting right wing causes and legislation. So far none of the presidential candidates have stated a clear position on online gaming. Inquiries to several candidates of both parties drew generic responses that totally dodged the questions asked. The most effective way to affect change is through members of congress. Believe it or not most representatives and senators pay attention to what their constituents say and past legislation has been influenced by well orchestrated campaigns organized by relatively small groups of issue oriented citizens. Let your representatives know how you feel about the restrictions placed on your right to engage in an activity that harms no one.
Fraud Websites & Investment Scams
Tags: Advance Fee Fraud, cyber law, Fake Websites, Financial Scams, Internet Fraud, Investment Fraud, Investment Scams, Philippine Pi, Wymoo
Recognizing The Signs of Fraud
Financial scams have been on the rise around the world, and unfortunately, have been rising in sophistication. Fraud was introduced to the Internet most notably by the Nigeria 411 scams, i.e. advance fee fraud. That was then, this is now.
Scammers today are using worldwide access to the Internet to their advantage. Accounts such as webhosting a new website, bank and credit accounts can now be easily opened on the Internet, from any location. Having some false identification gives the scammer the upper hand here, as he has essentially created an alias with little, if any, traceable information.
The False Website Approach
Many financial scams are taking the form of the classic advance fee fraud, but with a higher level of sophistication and tactics. Websites are often created with templates or a design is stolen from another reputable and legal investment company. Once the site is complete, the criminal has created what appears to be a legitimate website and company. The headquarters for these fictitious firms are often located in the United States, so the website claims. These sites are mearly a tool for fraud.
How to distinguish a real investment website from a fraudulent one? Search Google and Yahoo for the company to determine if there are other sites referencing the firm. Check the site itself to see if the firm has contact information. A website without an address or phone number is a red flag for potential fraud or scam. Search phone directories for the firm’s telephone number. Lastly, check with the SEC’s website for signs on how to recognize these investment scams, and to verify registration of the firm.
Knowing the Signs of Fraud
Although the level of sophistication in these scams continues to rise, an educated consumer can know the difference. Scammers today always contact their victims with an offer - the potential victim has been selected. The firm representative may speak perfect English, and even understand investments and asset management. He may even request you submit an IRS form and other documents. Bottom line, this person will request personal data and/or payment promptly and without ever meeting you. Be skeptical and ask for the firms’ references and SEC filing.
Getting Verification
If you’ve searched the Internet for references, checked local phone listings, maybe even contacted the SEC for verification, and spoke with company representatives and claimed references - and you’re still not sure? Contact a professional investigation company, like Wymoo International or Philippine PI for help. Get the facts on who your dealing with - then decide.