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Remove Electronic signature Form Free. Discover probably the most customer-warm and friendly knowledge of airSlate SignNow. Deal with your whole document digesting and discussing process electronically. Move from hand held, paper-centered and erroneous workflows to programmed, computerized and flawless. It is simple to generate, produce and indicator any documents on any gadget anywhere. Make sure that your airSlate SignNow company circumstances don't move over the top.
Learn how to Remove Electronic signature Form Free. Adhere to the basic manual to get going:
- Create your airSlate SignNow bank account in click throughs or log on along with your Facebook or Google accounts.
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Shifting your activities into airSlate SignNow is straightforward. What practices is a straightforward process to Remove Electronic signature Form Free, as well as recommendations to help keep your fellow workers and associates for much better partnership. Empower your employees with the finest tools to stay along with organization processes. Enhance productiveness and range your organization speedier.
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FAQs
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Are digital signatures authentic? How does this system work?
Laws vary by jurisdiction. Check your local laws.Colorado Electronic Signature ActIn Colorado, electronic documents and electronic signatures may be used in transactions where the parties have agreed to conduct transactions by electronic means.The law applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 30, 2002.In any written communication in which a signature is required or used, any party to the communication may affix a signature by use of an electronic signature that complies with the requirements of Colorado law for electronic signatures.“Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.“Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.“Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.Colorado also allows electronic notarization (e-notary). If a law requires a signature or record to be signNowd, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts (e-notary), together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. The notary attaches a Document Authentication Number (DAN).The federal law “Electronic Signatures in Global and National Commerce Act”, is found in 15 U.S. Code section 7001.Block-chain cybersecurity technology is used for digital cryptocurrency such as Bitcoin and may be used for sending and authenticating electronic documents.
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How does anyone make money making porn films when they're all free on the web?
This is going to be fun. Although I could elaborate my answer and broaden it up, I will stick to the question's details.Brazzers is owned by a company called MindGeek. Mindgeek happens to own also Digital Playground. Brazzers and Digital Playground shoot porn scenes and wrap them into DVDs or add them to their premium websites (sometimes both). Some money come from users who subscribe to those websites or buy the DVDs, usually because they want to get entertained by first-hand material. A lot of that material, however, end up being available "for free" on PornHub and RedTube. I have put for free in quotes because nothing is for free, especially in the adult entertainment business. AdvertisingWhen you watch a free movie or a scene on a porn tube you are forced to interact with some form of advertising at some point. Being it when you click on the play button or even before that as soon as you have loaded the page containing the video, the porn tube will deliver you a piece of advertising. It doesn't matter if you pay attention to it or not, if you follow it up or not: you have spent a part of your time in interacting with that particular ad and someone is going to cash your time in. It may seem free to you at that time, but in truth you have paid with your visit and if you keep reading you will realize that you might be ending up pay with real money too at some point.Cookies and privacyThe tube installs a cookie (well, more than one...a lot) on your computer which tracks and collects a lot of information about you and your browsing habits. Some of these cookies are temporary and expire soon after you leave the site; some others, however, are persistent and they get stored on your computer forever (or until you delete them of course). The sad (or scary, it depends how you look at it) thing is that when you visit a tube, your computer does not just get injected with the site cookies but also with third parties cookies, "delivered" to you not only any time you interact with an ad, but more often than not also as soon as you load the first page of that site. This is a typical excerpt from the privacy page on porn tubes:We have to emphasize that our Website includes Third-Party’s Content or some other type of external services. These providers, partners and contents use Cookies as well though We have no control or insights over their Cookies and it’s usage. For these reasons, We advise You to read carefully any Cookie Policy issued by our Partners in order to avoid any misuse of Your personal information collected and processed by these Administrators.How you pay for free pornSo now, not only you have watched an ad that you would have otherwise happily skipped, but you have also passed a certain amount of private information to a third party company, which will use it to push you targeted ads for as long as their cookie resides on your computer. And chances are that before or after you will buy something with real money. So, to recap, this is how you pay for free porn:The video you watch is often attached to a referral code. An adult film studio add their videos to PornHub which have signed up to that company referral program. When you watch the video that referral code and its related information are stored on your computer (yes, another cookie). If you will visit the studio's website, one day, and you will buy something in there, a slice of the sale will be turned to the initial referrer (the tube, in this case).Even if you will never visit that company's website, the tube has forced one or more ads to you and the company featured in the ad has paid the tube a certain amount of money.The company featured on the ad or their intermediary ads agency has paid for injecting a cookie on your computer in order to collect sensitive private data about your browsing history and taste. This same data have been grabbed and will be used also by the tube and not necessarily on the tube site itself. But I will talk about this later.Even if you used something like AdBlock, non-intrusive ads are still served to you and cookies still get installed in your machine. Furthermore, the use of adblock is often countered by artificially crafted workarounds such as disabling some features on the tube website and making it a nightmare to browse it.Hence, it is clear that you don't watch movies for free: you pay by watching ads and by "selling" your privacy (and personal data, in the digital era, are gold). Adult tubes capitalize on their traffic by referring sales to other websites and by selling ads and users' private information, as well as premium subscriptions.Brazzers and Digital PlaygroundGoing back to the core of your question, how do Brazzers and Digital Playground make money when their porn is "freely" available on PornHub and Redtube? Well, partly from those referral sales I was mentioning before. Broadening up the question, that works for most of the companies out there. But when it comes to Brazzers and Digital Playground there is something else worth noting. Those two film studios are functional to the PornHub and RedTube's business model and as long as those tubes earn money the companies are just fine. The reason for this is easily explained.Do you remember Mindgeek owning Brazzers and Digital Playground? Well, Mindgeek owns also PornHub and RedTube. And YouPorn and Tube8 and Xtube and Sextube and many many more. They own all the major porn tubes online except for Xvideos and Xhamster. The main line of business of Mindgeek is porn tubes, not adult film studios. The adult film studios are functional to the tubes and Mindgeek have acquired or got involved with most of the major film studios around, so that they can profit to the expense of smaller studios. The Mindgeek business modelThe tube features free porn. Some of this free porn is legit, some other is stolen copyrighted material. The tube's owners acquire legitimate, important, major film studios. They flood the tube with legitimate content from their just acquired studios and they capitalize on traffic through affiliations, advertising and the sale of sensitive data. This works like a charm and I wouldn't have much to object, as long as the law allows it, if it wasn't for the fact that the tube remains filled with stolen copyrighted content. This is why I didn't want to generalize the answer much and instead i focused on the questions' details. Brazzers and Digital Playground make money, because their mother company Mindgeek makes money or, if you prefer, because PornHub and RedTube make money. They are tools to add legitimate, quality free content to the tube and keep the traffic numbers high; of course a big chunk of that traffic is returned to the studios websites, benefiting their sales volume as well. The real victims and the infamous DMCAIt's all the rest of the industry that suffers from the, often illegitimate, availability of free porn, though. There is so much copyright infringement on porn tubes that you cannot even imagine. Back in 2010 Ventura, owners of the big production studio Pink Visual, filed a lawsuit against Mindgeek for numerous copyright infringements. In the suit the company, among others, stated [1]:These Tube Sites maintain the fiction that they offer a forum for consumers to upload and share their own original ‘user-generated’ adult video content; however in reality, they function as repositories for an extensive collection of infringing adult videos.The suit was settled later that year and the terms of the settlement haven't been disclosed [2]. Whatever convinced Ventura to drop the case, it is obvious that smaller producers don't have either the tools or the money to force tubes to comply with take-down notices. I know this too well. If an hypothetical Mr. Smith uploads a scene of mine stolen from my website to a porn tube, this is going to be the best possible scenario before me:First, I have to discover that a video of mine has been uploaded illegally to a tube. This is very hard because there are thousands of tubes out there and each, especially the major ones, feature hundreds of thousands of videos. I am supposed to monitor all the tubes out there 24/7 checking every new upload. Impossible. All I can do is to check from time to time and to hope to get lucky enough to spot my video if the offender has used some title or description terms that sound familiar to me. Often, if ever, I can spot an illegal upload after weeks, if not months; let's assume that for once i get particularly lucky and that i spot a copyright infringement one week after the video has been uploaded and running. Now I have to let the tube know and file a take-down notice according to the Online Copyright Infringement Liability Limitation Act (aka DMCA). If the video was on PornHub, this is what I have to send:Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the video you believe infringes your rights, we may be unable to locate and remove it. General information about the video, such as a channel URL or username, typically is not adequate. Please include the URL(s) of the exact video(s).Adequate information by which we, and the uploader(s) of any video(s) you remove, can contact you (including your name, postal address, telephone number and, if available, e-mail address).A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.Assuming that once I have filed the complaint the company goes through it and acts withing 72 hours, they will contact the offender who may or may not appeal sending a counter-notification within 10 days[3]. If my luck holds and they don't appeal, ten more days have passed and the offending content is finally taken down. For twenty days my stolen content has been made available on a high traffic website and downloaded by thousands of people. By this time it has already been uploaded back to other tubes, if not to the same one as Xbiz journalists Stephen Yagielowicz & Rhett Pardon explain well:For example, one shady scenario involves a company that knowingly and willingly submits infringing content to its tube site — or pays others to do it for them — under the guise of “user” uploads. Then in an effort to seemingly comply with the DMCA, removes clips on request — only to have the compliance department send the removed material to the upload department, where this cynically cyclical process is endlessly repeated. [4] [5] You've got the picture: the big majority of content producers get their content stolen and they lose money while feeding the tubes' traffic despite themselves; part of this traffic is redirected to Brazzers and Digital Playground to finance their big productions; their scenes are leaked back into the tubes, which are owned by the same company, to feed even more traffic;the tubes cash in;rinse and repeat.ConclusionIt is worth noting that ironically this business model has started playing against its own creators. In late 2015, Mindgeek has filed an infringement lawsuit against Xvideos' (one of the only two major adult tubes players not owned by Mindgeek) parent company for allegedly streaming its content "in excess of 100 million times without authorization" and seeking $150,000 for each infringed film which Mindgeek estimate to be in the range of tens to hundreds of thousands[6]. Although the copyright infringements over my content in various tubes relate to only a few tens of videos, this scenario makes me a potential multi millionaire. Today's virtual drinks are on me, fellow Quorans. And if you want real drinks, make sure you pay the producers and not the tubes, when you look for porn. This of course stands for any copyrighted material, including, among others, Hollywood movies, books, software and music.Footnotes[1] "Tube Sites" Threaten Porn Studios[2] Pornhub[3] Online Copyright Infringement Liability Limitation Act[4] The Porn Industry Is Being Ripped Apart By Piracy-Fueled 'Tube' Websites[5] DMCA: The Porn Industry’s Worst Nightmare[6] MindGeek Is Both Plaintiff And Defendant In Two New DMCA Lawsuits
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Which is the best which software for efficient process management?
You should be looking for a tool that is easy to adopt and incorporate to your workflow. Depending on your style of organisation some tools will work easier to adopt than others.The one I think is easiest to adopt is Azendoo - The work management platform for your team.This app helps you to stay up to date with all the tasks and work from all your team members, is an app that is focused on project and task management but with a collaborative approach, meaning that exchanging information, files and data is super easy and effective.The personalised feed where you can see all the updates of the subjects that concerns YOU has a facebook style, so just by scrolling down you will see all the information from all the projects, teams or clients that concern you.Key Features:Azendoo helps you in effective project planning via the following features:Task managementTask Assignment including public tasksCommenting on tasksTask views as Lists, Boards or CalendarsPersonal tasks listsConvert Email into tasksProject and task templatesReport customizationTeam and personalized discussionsApprovals and pollsNotifications and remindersGoal priorities and permissionsTime TrackingAnalytics
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Is Maduro a dictator?
Nicolás Maduro is a dictator. Rosa Lichtenstein has absolutely no idea what she’s talking about, just like anybody who affirms that Maduro is a democratically elected leader.Maduro has turned every election since April 14, 2013 into an electoral sham. He does not have enough support to win an election democratically, and has never had it.As a consequence, Maduro lacks legitimacy of origin, and because of his regime’s violent repression of political opposition activists, which are subject to persecution, exile, torture and even murder it has no legitimacy of exercise.Maduro is a dictator, and a bloody one at that.If you want to get a gist of the Venezuelan ‘electoral’ process:People are intimidated into voting for the chavista candidate, whoever it is. The regime holds databases of people who are members of the Socialist Party as well as databases for every Venezuelan who receives a form of social assistance. If you don’t show up to vote when they call you, they threaten with taking social welfare benefits away from you. This is a systematic practice.The Maduro regime relies on civilian militias that are ideologically aligned with it. These are the círculos bolivarianos or the ‘colectivos’. The colectivos (collectives) are meant to ‘defend the revolution’. Every Election Day, not only under Maduro but also under Chávez, these groups come out to intimidate voters in opposition-leaning electoral precincts.The CNE (Consejo Nacional Electoral) or the National Electoral Council is not an independent election supervising organism. Out of its five directors, at least four are known to be subservient to the Maduro regime. Bear in mind that Venezuela has an all-electronic voting system that has never been audited independently because the CNE will not allow it to be. If there’s nothing to hide, then why do they have to be so secretive?The National Electoral Council also controls which parties can run for elections, and most recently the vast majority of the opposition parties were illegalized, and subjected to a “relegalization” process that meant that they had to recognize the validity of Maduro’s unconstitutional National Constituent Assembly. Naturally, only the most opportunistic political parties were relegalized.Because Venezuela’s judiciary is not independent, political leaders who can pose a real challenge to Maduro or to any other chavista candidate are barred from running. How? They’re politically inhabilitated, which means they cannot run or hold public office. The Venezuelan opposition’s three main national leaders: Leopoldo López, María Corina Machado and Henrique Capriles Radonski have all been politically inhabilitiated by the regime. Is this an election? Only if you would call an election one in which the incumbent gets to chose who he runs against.The press is not free. As a consequence, opposition candidates are at a great disadvantage because: they’re invisibilized by the public media and the so-called private media that by now is largely in the hands of people who act as frontmen to the chavistas, and who owe their newly acquired fortunes to their political connections.Venezuela will not allow independent international observers to follow the electoral process on the ground.There are reasons to believe that the electoral process is structurally compromised. What I mean by this is that the outcome of the elections can be changed. In addition to the voting system not being audited properly, a number of us have suspected and denounced electronic manipulation of the vote count since 2004. In the case of the 2004 election, Venezuelan statisticians Delfino and Salas published a study that not only detailed how the CNE self sabotaged its two audits but also found a linear correlation between votes in favor of removing Hugo Chavez from office and the number of signatures that were collected to call the referendum. They suggest that this is strange. I think it’s much more than strange, especially in light of the fact that the correlation is seen largely on electoral precincts where the vote was 100% electronic and the voting machines were connected with the CNE servers prior to the final vote count.See: Delfino and Salas: A Closer Look at the 2004 election - Provided by Cornell University LibraryThe Official Results Versus the Petition SignaturesIf these sound like free and fair elections to you, you need to revise your meaning of free and fair.
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What is the best free PDF reader for large documents?
[1] PDF format is popularly known as print document format. This creates a virtual printer within operating system to print the document. For offline scanning of document, the PDF format is popular. The importance attached with these program is that you need to have PDFsoftware installed to run these files. If someone sends you PDF file and your computer do not have such software installed then that file is not to be read from there.There are so many PDF softwires available and this article aims to find out the mostly free software or freeware to help readers to choose from variety of options. More and more operating systems are providing built-in facilities for such products. Now-a-days everything comes with PDF formats beginning from circulars, bank statement, insurance statement, tax statement and e-books.That is why there immense important to have the free PDF software installed on computer but the thousand question is which one is to choose from the variety of resources available.Sumatra PDF:Sumatra PDF is available for download to Windows since the times of Windows XP. This program has very low foot print, light on system resources and fast. It is going to perform simple task as well as it is going to perform complex task depending upon you choose from PDFfiles. It is available with installed version as well as standalone portable version in which it does not write to registry.It is available in 64 bit version on Windows. It is available for Windows XP, Vista, 7, 8, 8.1 and 10. It is available for Windows operating system only.signNow Reader DC:It is from signNow and signNow is available for free for users. While installing this software do check for installation of MCAfee security and safe connect.it is a big download of nearing to 120 MB. Yours antivirus software might stop this installation so allow to install it. This software for high=end computing processes.Many features are included with it and for some features you might need it and if you want to have these features then it is better to choose this software. It has mobile version of android and apple operating system. With it you are going to synchronize documents with clouds and yours signature too and everything is going to stay with cloud to access from each and every device.When you first download signNow on Windows, a download manager first downloads and it is small in size and then by opening that download manager signNow software is installed and this is nearer to 120 MB.PDF-Xchange Editor:PDF-Xchange Editor is a smart PDF tools and most functions are free except some complex ones. It is a PDF reader, pdf editor and pdf tools. It can print PDFs, fill the forms created with signNow and can extract images from PDF files. There are some advanced features included in this free version but most of these are not free one is that watermarking of PDFsoftware which is not free.Foxit Reader:Foxit Reader is fast, simple and is there for years. It is available for Windows, Apple and android versions. It can fill forms and save data. Can include and validate electronic signatures. During installation user need to be cautioned not to install so many verities of other software. In order to keep the size of download minimal, the user manual is available for separate download.It is faster than PDF-Xchange Editor. If you are not interested in OCR facilities then Foxit reader is best suited for yours work. Multiple PDF documents when opened all these are opened in tab format and shifting from one tab to the other is easier. From time to time it introduces some new features in order to provide dynamic software development.It allows adding up of multimedia files easier. Collaboration with social media accounts becomes easier with Fixit Reader because of the ease to synchronize with Twitter, Facebook, Evernote and SharePoint. One caution is that Foxit Reader comes bundled with so many other software and toolbar and it is important to not to allow installations of such software during its installation.MuPDF Reader:It is very lightweight PDF Reader. On its first launch it will ask you about to choose from files instead of showing its interface and when the PDF is opened then it shows the exact documents and no toolbar and other interfaces are present. In order to see the interface of MuPDF reader you are going to click on the top left of the visible windows to find it. It provides a cleaner interface and superior look for PDF files.Google Chrome PDF viewer:While browsing for internet whenever you see any PDF and click on it and it will slowly open in another tab of Chrome and you can read it from there or download by clicking the downloadsymbol available there. This setting can be turned and changed out there easily, go to settings of chrome and then advanced and then content settings and then pdf documents, Scroll down and click on PDF documents and from there switch on ‘Download PDF files instead of opening automatically opening them in Chrome’ and this will download PDF files from net to computer.If you want to read PDF files that are stored inside computer, then right click on that files and then open with chrome and your chrome reader will automatically, open pdf files and for this you will not have to install pdf viewers. Similarly, with android if you install Google Drive then you will not need any other third-party PDF apps as Google Drive act as PDF viewer and make it default while opening the first PDF and that is going to make it default.TinyPDF:TinyPDF as the name suggests has very small foot print of PDF reader and it has no string attached. It is only 586k as it is less than one MB. It does not contain no malware, adware, watermarks and no pop Global Home: UPS is completely free. JPEG compression is supported. No ghost script and third-party software included with the installer version. The downside is that it is partially supported on 64-bit computer. Automatic font management is there.There are so many alternatives to use for PDF viewer and if your computer is 64 bit then you can download the 64 bit version of Sumatra PDF and if you want to insert electronic signature then opt for Foxit PDF reader and if you want to have the old and classic PDF reader which is heavier in file composition and not for low end computing purposes then go for signNow and lastly if you do not want to install PDF readers at all then it is better to open it with Google Chrome built in PDF viewer.So, there are many large numbers of option to choose from and if you want to have some complex PDF functions besides the presence of PDF reader you need pdf tools and others then it is best to have PDF-Xchange viewer and so many other option listed here you can choose it from. There are some other alternatives are available which are there to search ad find in internet.This entry was posted in Android Apps on Google Play, Apple Inc., Computer Information Technology, Google, Google Chrome, Information Technology, Internet, Windows 10, Windows 8, Windows XP and tagged signNow, Apple, doPDF, FOXIT READER, free PDF converter, google chrome, image to pdf converter, PDF Password Remover, pdf printer, pdf-xchange, Sumatra PDF A PDF Viewer for Windows, WINDOWS, Windows 8, WINDOWS VISTA, WINDOWS XP, Windows XP SP3 onFootnotes[1] Best Free PDF Writer and Reader
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Does anyone know under which section of the law comes cyber crime or bsignNowing of data on the internet?
The Information Technology Act 2000 (amended in 2008)The Information Technology Act was first drawn up in 2000, and has been revised most recently 2008. The Information Technology (Amendment) Bill, 2008 amended sections 43 (data protection), 66 (hacking), 67 (protection against unauthorised access to data), 69 (cyberterrorism), and 72 (privacy and confidentiality) of the Information Technology Act, 2000, which relate to computer/cybercrimes.Section 43 [Penalty and Compensation for damage to computer, computer system, etc.] amended vide Information Technology Amendment Act 2008 reads as under:If any person without permission of the owner or any other person who is in-charge of a computer, computer system or computer network:accesses or secures access to such computer, computer system or computer network or computer resource (ITAA2008)downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;disrupts or causes disruption of any computer, computer system or computer network;denies or causes the denial of access to any person authorized to access any computer, computer system or computer network by any means;provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made there under;charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means (Inserted vide ITAA-2008); andSteals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage, (Inserted vide ITAA 2008) he shall be liable to pay damages by way of compensation to the person so affected. (change vide ITAA 2008)Critique: In comparison to the laws enacted in other countries, this provision still falls short of a strong data protection law. In most other countries data protection laws specify:the definition and classification of data types;the nature and protection of the categories of data;that equal protection will be given to data stored offline and data stored manually;that data controllers and data processors have distinct roles;clear restrictions on the manner of data collection;clear guidelines on the purposes for which the data can be put and to whom it can be sent;standards and technical measures governing the collection, storage, access to, protection, retention, and destruction of data;that providers of goods or services must have a clear opt - in or opt - out option; andin addition, most countries provide strong safeguards and penalties against bsignNowes of any of the aboveSection 66 [Computer Related Offences] amended vide Information Technology Amendment Act 2008 reads as under:If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both.Explanation: For the purpose of this section,-the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code;the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code. [Section 66 A] [Punishment for sending offensive messages through communication service, etc.] (Introduced vide ITAA 2008):Any person who sends, by means of a computer resource or a communication device,-any information that is grossly offensive or has menacing character; orany information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device;any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to three years and with fine.Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.[Section 66 B] [Punishment for dishonestly receiving stolen computer resource or communication device] (Inserted Vide ITA 2008):Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.[Section 66C] [Punishment for identity theft] (Inserted Vide ITA 2008):Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.[Section 66D] [Punishment for cheating by personation by using computer resource] (Inserted Vide ITA 2008):Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.[Section 66E] [Punishment for violation of privacy] (Inserted Vide ITA 2008):Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with bothExplanation - For the purposes of this section--“transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;“capture”, with respect to an image, means to videotape, photograph, film or record by any means;“private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast;“publishes” means reproduction in the printed or electronic form and making it available for public;“under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that:he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; orany part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.[Section 66F] [Punishment for cyber terrorism]:(1) Whoever,-(A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by –denying or cause the denial of access to any person authorized to access computer resource; or attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; orintroducing or causing to introduce any Computer Contaminant and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or(B) knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life’.Critique: We find the terminology in multiple sections too vague to ensure consistent and fair enforcement. The concepts of ‘annoyance’ and ‘insult’ are subjective. Clause (d) makes it clear that phishing requests are not permitted, but it is not clear that one cannot ask for information on a class of individuals.Section 67 [Publishing of information which is obscene in electronic form] amended vide Information Technology Amendment Act 2008 reads as under:Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.[Section 67 A] [Punishment for publishing or transmitting of material containing sexually explicit act, etc. in electronic form] (Inserted vide ITAA 2008):Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.Exception: This section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern; orwhich is kept or used bona fide for religious purposes.[Section 67 B] Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form:Whoever,-(a) publishes or transmits or causes to be published or transmitted material in any electronicform which depicts children engaged in sexually explicit act or conduct or(b) creates text or digital images, collects, seeks, browses, downloads, advertises,promotes, exchanges or distributes material in any electronic form depicting children inobscene or indecent or sexually explicit manner or(c) cultivates, entices or induces children to online relationship with one or more children forand on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or(d) facilitates abusing children online or(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-(i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or(ii) which is kept or used for bonafide heritage or religious purposes Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years. [Section 67 C] [Preservation and Retention of information by intermediaries]:(1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe.(2) Any intermediary who intentionally or knowingly contravenes the provisions of sub section (1) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.Critique: This provision adequately protects both the corporate and the citizen in a positive way.Section 69 [Powers to issue directions for interception or monitoring or decryption of any information through any computer resource] amended vide Information Technology Amendment Act 2008 reads as under:(1) Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to beintercepted or monitored or decrypted any information transmitted received or stored through any computer resource.(2) The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.(3) The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to –(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or(b) intercept or monitor or decrypt the information, as the case may be; or (c) provide information stored in computer resource.(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years and shall also be liable to fine.[ Section 69B] Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security:(1) The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.(2) The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.(4) Any intermediary who intentionally or knowingly contravenes the provisions of subsection(2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation: For the purposes of this section,(i) "Computer Contaminant" shall have the meaning assigned to it in section 43(ii) "traffic data" means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, date, size, duration or type of underlying service or any other information.Critique: Though we recognize how important it is for a government to protect its citizens against cyberterrorism, we are concerned at the friction between these provisions and the guarantees of free dialog, debate, and free speech that are Fundamental Rights under the Constitution of India.Specifically:a) there is no clear provision of a link between an intermediary and the information or resource that is to be monitored.c)the penalties laid out in the clause are believed to be too harsh, and when read in conjunction with provision 66, there is no distinction between minor offenses and serious offenses.e) the ITA is too broad in its categorization of acts of cyberterrorism by including information that is likely to cause: injury to decency, injury to morality, injury in relation to contempt of court, and injury in relation to defamation.Section 72 [BsignNow of confidentiality and privacy] amended vide Information Technology Amendment Act 2008 reads as under:Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. [Section 72 A] Punishment for Disclosure of information in bsignNow of lawful contract (Inserted vide ITAA-2008):Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in bsignNow of a lawful contract, such material to any other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both.General Notes and Critiques:As general notes on the ITA and data protection we find that the Act is lacking in many ways, including:there is no definition of “sensitive personal data or information” and that term is used indiscriminately without.the provisions and protections cover only electronic data and not stored data or non-electronic systems of mediain the absence of a data controller, liability is often imposed on persons who are not necessarily in a position to control datacivil liability for data bsignNow arises where negligence is involvedcriminal liability only applies to cases of information obtained in the context of a service contract.**I am neither a student of law nor attached in any way to the legal system. This is excerpted from Cybercrime and Privacy and merely reproduced here for the sake of convenience.
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Is wave-particle duality an illusion?
"Illusion" is an interesting choice of words. To acquire the kind of understanding I think you're after, let's back up a bit and see if we can excavate the foundation of this question. Let me start with a quote. “The voyage of discovery lies not in seeking new horizons, but in seeing with new eyes.” ~ Marcel Proust An examination of the double-slit experiment will give us a good introduction to the mystery you have singled out. But to make that examination worthwhile, we need to make sure that we are familiar with an important effect known as interference. [i]Interference applies universally to all interacting waves. A water wave, for instance, can be described as a disturbance in the shape of the water’s surface. This disturbance produces regions where the water level is higher and regions where it is lower than the undisturbed value. The highest part of each ripple is called a peak and the lowest part is called a trough. Typically waves involve periodic succession, peak followed by trough followed by peak and so on. In general, we can define a wavelength as the distance between identical parts of adjacent waves. Measurements from peak to peak, or trough to trough, for example, give the same value for wavelength.Figure 1 Peaks and troughs of wavesWhen waves interact in a medium, they interfere. For example, if we drop two rocks into spatially separated parts of a pond, their waves will interfere when they cross. (Figure 2) When a peak of one wave and a peak of another wave come together, the height of the water rises to a height equal to the sum of the two peaks. Similarly, when a trough of one wave and a trough of another wave cross, the depression of the water's surface dips to the sum of the two depressions. And when a peak of one wave crosses with a trough of another, the (at least partially) cancel each other out. The peak of one wave contributes a positive displacement while the trough of the other wave contributes a negative displacement. If the two waves have equal magnitude, then there will be perfect cancelation and the water's surface will be flat, just as it was before any wave existed.Figure 12-2 Constructive and destructive interference Keeping these rules of interference in mind, let’s turn our attention to light. If we take a laser emitting a single wavelength—a single color, and shine it on a screen that has a slit etched into it (Figure 3), what image should we expect to see on the wall behind the screen? [ii] Classically speaking, we would expect to see a stripe of light on the wall. (Classically means according to our four-dimensional intuition, or the rules of Euclidean geometry.) It turns out that this is what we see. In this sense light’s behavior correlates perfectly with our Euclidean intuition.Figure 12-3 Expected single slit projectionWhat image should we expect to see on the wall if we etch a second slit on our screen and cover the first slit with a black piece of tape? Well, our classical intuitions tell us to expect a line of light projected on the wall, just like we did before, except this line of light should be offset from the first. Again, this is exactly what we see when we perform the experiment. So far all of this is straightforward and conceptually trivial. But as it turns out, we are only one step away from a profound mystery. We discover this mystery by removing the piece of tape. To understand the impact of this mystery, ask yourself: What sort of projection do we expect to see on the wall when both slits are open?Classical intuition tells us that we should see two parallel bands of light on the wall (Figure 4).Figure 4 Expected double slit projectionBut this is where our classical training (our Euclidean intuition) lets us down. This is also where classical mechanics breaks down. When we perform this experiment, something completely counterintuitive happens, contradicting our Euclidean intuitions. A distinct interference pattern is projected on the wall (Figure 5).Figure 5 Actual double slit projection The bright and dark bands produced in this double-slit experiment are telltale signs that light propagates as a wave. [iii] Interference patterns are key signatures of waves. The problem is that this wavelike characteristic directly clashes with our observations of light’s particulate behavior. After all, photons are always found in point-like regions rather than spread out like a wave, and individual photons are always found to have very discrete amounts of energy. When measuring a wave, you would expect to find its energy spread out over a region instead of being concentrated in one location. So how are we supposed to make sense of this observation? What is going on?These diametrically opposed properties of light are verified facts. Contradictory as they may seem, they are here to stay. They have forced us to the seemingly paradoxical conclusion that light is both a wave and a particle. But how can this be? How can it be both? Although many scientists have found thewave-particle duality of light to be conceptually vague and schizophrenic, this description has persisted. In fact, after the wave-particle concept was adopted as an accurate description of light, it was extended to describe electrons and, eventually, all of matter. This transition was nothing short of a revolution.Up until 1910, atoms were simplistically viewed as miniature solar systems with the nucleus making up the “central star” and orbiting electrons being “planets”. [iv] The wave-particle duality of light and matter rejected this view and pointed to a signNowly different architecture for atoms. Of course, this conceptual transition did not take hold over night.In 1924, Prince Louis de Broglie found that in addition to their particle like character, [v] electrons also possessed a wavelike character. In 1927, Clinton Davisson and Lester Germer followed this up by firing a beam of electrons at a piece of nickel crystal, which acted as a barrier analogous to the one used in the double-slit experiment. A phosphor screen recorded the resultant pattern of electrons. [vi] When they examined the screen, they observed an interference pattern just like the one produced in the double-slit experiment, showing that even electrons have wavelike properties.These experiments shook the foundation of physics by threatening the structure of classical mechanics and destroying humanity’s intuitive framework of reality. But it didn’t stop there. The next step was to tune the beam of electrons down so that the electron gun fired just a single electron at a time. Similar experiments were later used with lasers wherein individual photons were fired seconds apart from each other. The results were mind-bending.Completely against expectation these experiments also produced interference patterns over time as the collection of electrons (or photons) continued to build (Figure 6).Figure 12-6 Over time individual photons construct an interference patternThese observations only added to the confusion. Waves are supposed to be a collective property—something that has no meaning when applied to separate, particulate ingredients. (A water wave, for example, involves a large number of water molecules.) So how can a single electron, or a single photon, be a wave? Furthermore, wave interference requires a wave from one place to interact with a wave from another place. So how can interference be relevantly applied to a single electron or photon? While we are considering such questions, we should also ask, if a single electron or photon is a wave, then what is it that is “waving”? [vii]To answer these questions, Erwin Schrödinger proposed that the stuff that makes up electrons might be smeared out in space and that this smeared electron essence might be what waves. If this idea was correct then we would expect to find all of the electron’s properties, spread out over a distance, but we never do. Every time we locate an electron, we find all of its mass and all of its charge concentrated in one tiny, point-like region. Max Born came up with a different idea. He suggested that the wave is actually a probability wave. [viii] Einstein tinkered with a similar idea when he hypothesized that these waves were optical observations that refer to time averages rather than instantaneous values. Inserting a probability wave (also called a state vector, or a wave function) as a fundamental aspect of Nature delivers another blow to our common-sense ideas about how things truly operate. It suggests that experiments with identical starting conditions do not necessarily lead to identical results because it claims that you can never predict exactly where an electron will be in a single instant. You can only define a probability that we will find it over here, or over there, at any given moment. Two situations with the same probabilistic starting conditions, say of a single particle, might not produce the same results, because the particle can be anywhere within that probability distribution. From a classical perspective, the discovery that the microscopic universe behaves this way is absolutely baffling. Nevertheless, it is how we have observed Nature to be.This leads us to a rather interesting precipice. It seems that the map we have been using to chart physical reality somehow dissolves when we look closely at it. The rules of four-dimensional geometry simply fail to accurately map Nature when we examine the smallest scales. Nature doesn’t strictly behave as our old Euclidean map dictates. Stumbling upon this discovery forces us to face a vital question. Is Nature ultimately and fundamentally probabilistic in a way that we may never understand, as many modern physicists have chosen to believe; or, is this probabilistic quality a byproduct of our reduced dimensional representation of Nature?After pondering these questions long and hard, some physicists have come to believe that the tapestry of spacetime is analogous to water: that the smooth appearance of space and time is only an approximation that must yield to a more fundamental framework when considering ultramicroscopic scales. As far as I can tell, however, up until now this point has only been entertained abstractly. Geometrically resolving a molecular structure for space might resolve our greatest quantum mechanical mysteries, but as of yet, no one has taken that final step. No one has developed a self-consistent picture from this geometric insight. No one has moved beyond the mathematical suggestion that spacetime is analogous to water, or interpreted the theoretical quanta of space as being physically real. Consequently, a framework that enables conceptualization of what is meant by the “molecules” or “atoms” of spacetime has not been developed.Eight decades of meticulous experiments have confirmed the predictions of quantum mechanics based on this wave function, or probability wave, description with amazing precision. “Yet there is still no agreed-upon way to envision what quantum mechanical probability waves actually are. Whether we should say that an electron’s probability wave is the electron, or that it’s associated with the electron, or that it’s a mathematical device for describing the electron’s motion, or that it’s the embodiment of what we can know about the electron is still debated.” [ix]Although quantum mechanics describes the universe as having an inherently probabilistic character, we don’t experience the effects of this character in our day-to-day lives. Why is this? The answer, according to quantum mechanics, is that we don't see quantum events like a chair being here now and then across the room in the next instant, because the probability of that occurring, although not zero, is absurdly miniscule. But what exactly makes the probability for large things to act, as electrons do, so small? At what scales do such effects become important? And, why should the macroscopic universe be so different from the microscopic universe?As if these newly uncovered characteristics of reality weren’t obscure enough, quantum physicists conceptually fuddle things further by suggesting that without observation things have no reality. They claim that until the position of an electron is actually measured the electron has no definite position. Before it is measured, the position exists only as a probability, and then suddenly, through the act of measuring, the electron miraculously acquires the property of position.Einstein acutely recognized the absurdity of this claim. When approached with this conjecture, he famously quipped, “Do you really believe that the moon is not there unless we are looking at it?” [x] To him everything in the physical world had a reality independent of our observations. Measurements that suggested otherwise were mere reflections of the incompleteness by which we currently map and comprehend physical reality. To many quantum physicists, however, the unobserved Moon’s existence became a matter of probability. To them, a discoverable, complete map of physical reality, with the ability to resolve an underlying determinism, became nothing more than a myth—a romantic dream.The mathematical projection of quantum mechanics can be statistically matched with our four-dimensional observations, but when it comes to a conceptual explanation of those observations, it completely lets us down. Intuitive explanations cannot be gleaned from a framework of physical reality that is assumed to be fundamentally probabilistic. By definition, randomness blurs causality. This vague description of physical reality keeps us from grasping a deeper truth by allowing what should be the most basic of concepts to drip into a realm of nonsense.As an example of the confusion that stems from swallowing the standard quantum mechanical interpretation “guts, feathers, and all,” consider the fact that a probabilistic treatment of quantum mechanics leads us to the conclusion that the double-slit experiment can be explained by assuming that a photon actually takes both paths. We can combine the two probability waves emerging from both slits to statistically determine where a photon will land on a screen. The result mimics an interference pattern.According to this, we can explain interference patterns by assuming that one photon somehow always manages to go through both slits, but is this really what is going on? Does a photon really travel along both paths? Can this count as an explanation if we have no coherent sense of what it means? You might notice that if we were to design our experiment with three slits, then we would have to consider whether or not the photon really travels all three routes. This question can be extended for as many slits as you like, but the fundamental conceptual problem remains the same.In order to solve this mystery, you may suggest that we place detectors in front of the slits to determine if the photons are actually going through both slits, or just one. When we do this, we always find that individual photons pass through one slit or the other—never both. But, when we measure the position of individual photons we no longer get an interference pattern and so the question retains its ambiguity. Some have taken this to mean that the act of observation forces wave properties to collapse into a particle, but how and why this theoretical collapse occurs still lacks explanation.Because probability waves are not directly observable and because photons (and electrons) are always found in one place or another when measured, we might be tempted to think that probability waves might not be real—that they were never really there. If that is true, then how are the interference patterns created? Surely these probability waves exist, but in what sense? What are they referencing? Why is it that whenever we know which path the photon takes, we get a classical image instead of an interference pattern? How does the detection of a photon, or an electron, change its behavior?To date, these questions have yet to be resolved. In fact, more clever experiments designed to solve these questions have only deepened the mystery. For example, let’s perform the double-slit experiment again, but this time let’s place devices in front of the slits, which mark (but do not stop or detect) the photons before they pass through the slits. This marking allows us to examine the photons that strike the screen and subsequently determine which slit they passed through. Thus we only gain knowledge of which path the photon takes after the path has been completed. For some reason, however, when we do this we find that the photons do not build up an interference pattern. They form a classical image (Figure 4).Once again, it seems that “which-path” information inhibits us from probing these ghostly waves. But is it really the fact that we gain the ability to determine which path a photon goes through—independent of when we gain that information—that disrupts the interference pattern? Or does our marking of the photon somehow disrupt its interference potential?To explore this question, we perform what’s known as the quantum eraser experiment. We start with the same set up we just described. Then we place another device between each slit and the screen, which completely removes the mark from the photon. We already know that the marked photons project a classical image. Will an interference pattern reemerge if we remove the effects of this mark—if we lose the ability to extract the which-path information?When we perform this experiment the interference pattern does return (Figure 7). Does this mean that photons somehow choose how to act, based on our knowledge of them? Or does it imply something even stranger—that the photons are always both particles and waves simultaneously? How are we to understand either conclusion?Figure 12-7 An interference pattern Another curiosity of Nature is known as the photoelectric effect. Philipp Lenard first discovered this effect through controlled experiments in 1900. When light shines on a metal surface, it causes electrons to be knocked loose and emitted. Knowing this, Lenard designed an experiment that allowed him to control the frequencyof the incoming light. During the experiment, he increased the frequency of the light—moving from infrared heat and red light to violet and ultraviolet. Greater frequencies caused the emitted electrons to speed away with more kinetic energy. After discovering this, Lenard reconfigured his experiment to allow him to control the intensity of the incoming light. He used a carbon arc light that could be made brighter by a factor of 1,000.Because both experiments involved increasing the amount of incoming light energy he expected to have identical results. In other words, because the brighter, more intense light had more energy, Lenard expected that the electrons emitted would have more energy and speed away faster. But that’s not what happened. Instead, the more intense light produced more electrons, but the energy of each electron remained the same. [xi]In response to these experiments Einstein suggested that light is composed of discrete packets called photons. Under this assumption, light with higher frequency would cause electrons to be emitted with more energy, and light with higher intensity, that is, a higher quantity of photons, would result in emission of more electrons—just as we observe.The problem with this solution (a solution that is now universally accepted among physicists) is that it doesn’t provide us with a clear description for what the light quanta are. Why does light come in quantized packets? Near the end of his life Einstein lamented over this problem in a letter to his dear friend Michele Besso. He wrote, “All these fifty years of pondering have not brought me any closer to answering the question, what are light quanta?” [xii] It’s been another fifty years and we seem as confused as ever over how it is that light is quantized into little discrete packets called photons.In the midst of these enigmas lies the uncertainty principle, which states that knowledge of certain properties inhibits knowledge of other complimentary properties. For example, the more accurately we determine the position of an electron, the less we can determine its momentum, and vise versa.Heisenberg tried to explain the uncertainty principle by appealing to the observer effect; claiming that it was simply an observational effect of the fact that measurements of quantum systems cannot be made without affecting those systems. [xiii] Since then, the uncertainty principle has regularly been confused with the observer effect. [xiv] But the uncertainty principle is not a statement about the observational success of current technology. It has nothing to do with the observer effect. It highlights a fundamental property of quantum systems, a property that turns out to be inherent in all wave-like systems. [xv] Uncertainty is an aspect of quantum mechanics because of the wave nature it ascribes to all quantum objects.If our current description of quantum mechanics is fundamental, if there is nothing beneath the state vector—a claim that defines the heart of the standard interpretation of quantum mechanics—then this uncertainty principle may be a sharp enough dagger to kill our quest for an intuitive understanding of physical reality. The corrosive power of the uncertainty principle, when mixed with our current paradigm, is poignantly illustrated by an old story involving Niels Bohr. According to the story, Bohr was once asked what the complementary quality to truth is. After some thought he answered—“clarity.” [xvi] Unlike classical mechanics, which describes systems by specifying the positions and velocities of its components, quantum mechanics uses a complex mathematical object called a state vector (also called the wave function [xvii]) to map physical systems. Interjecting this state vector into the theory enables us to match its predictions to our observations of the microscopic world, but it also generates a relatively indirect description that is open to many equally valid interpretations. This creates a sticky situation, because to “really understand” quantum mechanics we need to be able to specify the exact status of and to have some sort of justification for that specification. At the present, we only have questions. Does the state vector describe physical reality itself, or only some (partial) knowledge that we have of reality? “Does it describe ensembles of systems only (statistical description), or one single system as well (single events)? Assume that indeed, is affected by an imperfect knowledge of the system, is it then not natural to expect that a better description should exist, at least in principle?” [xviii] If so, what would this deeper and more precise description of reality be?To explore the role of the state vector, consider a physical system made of Nparticles with mass, each propagating in ordinary three-dimensional space. In classical mechanics we would use Npositions and N velocities to describe the state of the system. For convenience we might also group together the positions and velocities of those particles into a single vector V, which belongs to a real vector space with 6N dimensions, called phase space. [xix]The state vector can be thought of as the quantum equivalent of this classical vector V. The primary difference is that, as a complex vector, it belongs to something called complex vector space, also known as space of states, or Hilbert space. In other words, instead of being encoded by regular vectors whose positions and velocities are defined in phase space, the state of a quantum system is encoded by complex vectors whose positions and velocities live in a space of states. [xx]The transition from classical physics to quantum physics is the transition from phase space to space of states to describe the system. In the quantum formalism each physical observable of the system (position, momentum, energy, angular momentum, etc.) has an associated linear operator acting in the space of states. (Vectors belonging to the space of states are called “kets.”) The question is, is it possible to understand space of states in a classical manner? Could the evolution of the state vector be understood classically (under a projection of local realism) if, for example, there were additional variables associated with the system that were ignored completely by our current description/understanding of it?While that question hangs in the air, let’s note that if the state vector is fundamental, if there really isn’t a deeper-level description beneath the state vector, then the probabilities postulated by quantum mechanics must also be fundamental. This would be a strange anomaly in physics. Statistical classical mechanics makes constant use of probabilities, but those probabilistic claims relate to statistical ensembles. They come into play when the system under study is known to be one of many similar systems that share common properties, but differ on a level that has not been probed (for any reason). Without knowing the exact state of the system we can group all the similar systems together into an ensemble and assign that ensemble state to our system. This is done as a matter of convenience. Of course, the blurred average state of the ensemble is not as clear as any of the specific states the system might actually have. Beneath that ensemble there is a more complete description of the system’s state (at least in principle), but we don’t need to distinguish the exact state in order to make predictions. Statistical ensembles allow us to make predictions without probing the exact state of the system. But our ignorance of that exact state forces those predictions to be probabilistic.Can the same be said about quantum mechanics? Does quantum theory describe an ensemble of possible states? Or does the state vector provide the most accurate possible description of a single system? [xxi]How we answer that question impacts how we explain unique outcomes. If we treat the state vector as fundamental, then we should expect reality to always present itself in some sort of smeared out sense. If the state vector were the whole story, then our measurements should always record smeared out properties, instead of unique outcomes. But they don’t. We always measure well-defined properties that correspond to specific states. Sticking with the idea that the state vector is fundamental, von Neumann suggested a solution called state vector reduction (also called wave function collapse). [xxii] The idea was that when we aren’t looking, the state of a system is defined as a superposition of all its possible states (characterized by the state vector) and evolves according to the Schrödinger equation. But as soon as we look (or take a measurement) all but one of those possibilities collapse. How does this happen? What mechanism is responsible for selecting one of those states over the rest? To date there is no answer. Despite this, von Neumann’s idea has been taken seriously because his approach allows for unique outcomes.The problem that von Neumann was trying to address is that the Schrödinger equation itself does not select single outcomes. It cannot explain why unique outcomes are observed. According to it, if a fuzzy mix of properties comes in (coded by the state vector), a fuzzy mix of properties comes out. To fix this, von Neumann conjured up the idea that the state vector jumps discontinuously (and randomly) to a single value. [xxiii] He suggested that unique outcomes occur because the state vector retains only the “component corresponding to the observed outcome while all components of the state vector associated with the other results are put to zero, hence the name reduction.” [xxiv]The fact that this reduction process is discontinuous makes it incompatible with general relativity. It is also irreversible, which makes it stand out as the only equation in all of physics that introduces time-asymmetry into the world. If we think that the problem of explaining uniqueness of outcome eclipses these problems, then we might be willing to take them in stride. But to make this trade worthwhile we need to have a good story for how state vector collapse occurs. We don’t. The absence of this explanation is referred to as the quantum measurement problem.Many people are surprised to discover that the quantum measurement problem still stands. It has become popular to explain state vector reduction (wave function collapse) by appealing to the observer effect, asserting that measurements of quantum systems cannot be made without affecting those systems, and that state vector reduction is somehow initiated by those measurements. [xxv] This may sound plausible, but it doesn’t work. Even if we ignore the fact that this ‘explanation’ doesn’t elucidate howa disturbance could initiate state vector reduction, this isn’t an allowed answer because “state vector reduction can take place even when the interactions play no role in the process.” [xxvi] This is illustrated by negative measurements or interaction free measurements in quantum mechanics.To explore this point, consider a source, S, that emits a particle with a spherical wave function, which means its values are independent of the direction in space. [xxvii] In other words, it emits photons in random directions, each direction having equal probability. Let’s surround the source by two detectors with perfect efficiency. The first detector D1should be set up to capture the particle emitted in almost all directions, except a small solid angle θ, and the second detector D2 should be set up to capture the particle if it goes through this solid angle (Figure 8).Figure 8 An interaction-free measurement When the wave packet describing the wave function of the particle signNowes the first detector, it may or may not be detected. (The probability of detection depends on the ratio of the subtended angles of the detectors.) If the particle is detected by D1 it disappears, which means that its state vector is projected onto a state containing no particle and an excited detector. In this case, the second detector D2will never record a particle. If the particle isn’t detected by D1 then D2 will detect the particle later. Therefore, the fact that the first detector has not recorded the particle implies a reduction of the wave function to its component contained within θ, implying that the second detector will always detect the particle later. In other words, the probability of detection by D2 has been greatly enhanced by a sort of “non-event” at D1. In short, the wave function has been reduced without any interaction between the particle and the first measurement apparatus.Franck Laloë notes that this illustrates that “the essence of quantum measurement is something much more subtle than the often invoked ‘unavoidable perturbations of the measurement apparatus’ (Heisenberg microscope, etc.).” [xxviii] If state vector reduction really takes place, then it takes place even when the interactions play no role in the process, which means that we are completely in the dark about how this reduction is initiated or how it unfolds. Why then is state vector reduction still taken seriously? Why would any thinking physicist uphold the claim that state vector reduction occurs, when there is no plausible story for how or why it occurs, and when the assertion that it does occur creates other monstrous problems that contradict central tenets of physics? The answer may be that generations of tradition have largely erased the fact that there is another way to solve the quantum measurement problem.Returning to the other option at hand, we note that if we assume that the state vector is a statistical ensemble, if we assume that the system does have a more exact state, then the interpretation of this thought experiment becomes straightforward; initially the particle has a well-defined direction of emission, and D2records only the fraction of the particles that were emitted in its direction.Standard quantum mechanics postulates that this well-defined direction of emission does not exist before any measurement. Assuming that there is something beneath the state vector, that a more accurate state exists, is tantamount to introducing additional variables to quantum mechanics. It takes a departure from tradition, but as T. S. Eliot said in The Sacred Wood, “tradition should be positively discouraged.” [xxix] The scientific heart must search for the best possible answer. It cannot flourish if it is constantly held back by tradition, nor can it allow itself to ignore valid options. Intellectual journeys are obliged to forge new paths.So instead of asking whether of not wave-particle duality is an illusion, perhaps we should ask whether wave-particle duality implies that the state vector is the most fundamental description of a quantum mechanical system, or if a deeper level description exists? That's an open question, and at the moment there are many possible answers — interpretations of quantum mechanics that are equally aligned with the empirical evidence. What's your answer?For more on this topic, and to discover how pilot-wave theory is elucidated by the assumption that the vacuum is a superfluid, see Einstein's Intuition, available in black and white softcover, full color softcover, full color hardcover, an iBook, and as an audiobook.[i] The discussion on interference and the double-slit experiment that follows is further developed by Brian Greene, (2004). The Fabric of the Cosmos: Space, Time and the Texture of Reality. New York: Knopf, pp. 84–84. Greene’s discussion was used as a general guide here.[ii] In order to show diffraction (a fuzzy border of light on the projected image) the slit must have a width that does not greatly exceed the wavelength of the color of the light that we have chosen.[iii] Light’s wave nature was first revealed in the mid-seventeenth century through experiments performed by the Italian scientist Francesco Maria Grimaldi, and was later expanded upon by experiments performed in 1803 by the physician and physicist Thomas Young. (1807). Interference of Light; Alan Lightman. A Sense Of The Mysterious. pp. 51–52, 71.[iv] Before the “planetary model” of the atom, physicists pictured the atom being a plum-shaped blob (the nucleus) with tiny protruding springs that each had an electron stuck to its end. When the atom absorbed energy it was thought that these electrons would jiggle (oscillate) on the ends of their springs. Consequently, any atom that was above its ground state of energy was understood to be an “excited atomic oscillator,” This depiction of the atom wasn’t overthrown until 1900. At that point in history the physical existence of atoms was still controversial. It was replaced by the planetary model, which in turn was replaced by the electron cloud model we use today—a model that was initiated in 1910 and was secured by 1930. Gary Zukav. The Dancing Wu Li Masters, pp. 49–50.[v] Electrons can be individually counted and you can individually place them on a drop of oil and measure their electric charge. Richard Feynman. (1988). QED, The Strange Theory of Light and Matter. Princeton University Press, p. 84.[vi] According to de Broglie’s doctoral thesis all matter has corresponding waves. The wavelength of the “matter waves” that “correspond” to matter depends upon the momentum of the particle. Specifically, , which falls into an important group of equations along with Planck’s equation ) and the ever famous . (λ, pronounced “lambda,” stands for wavelength, h is Planck’s constant, and pronounced ‘nu’ represents the frequency of a photon) From this equation we are told to expect that when we send a beam of electrons (something we might traditionally think of as a stream of particles) through tiny openings, like the spacing between atoms in a piece of nickel crystal, the beam will diffract, just like light diffracts. The only requirement here is that the spacing between the atoms of the material must be as small, or smaller, than the electron’s corresponding wavelength—just like the slits in our double-slit experiment. When we perform the experiment, diffraction and therefore interference, occurs exactly as wave mechanics predicts.[vii] Part of the problem here is that in keeping with our four-dimensional intuition we tend to assume a particle aspect in the double-slit experiment without accounting for nonlocality. By doing this we are technically violating Heisenberg’s uncertainty principle and missing the bigger picture.[viii] M. Born. (1926). Quantenmechanik der Stossvorgänge. Zeitschrift für Physik 38, 803–827; (1926). Zur Wellenmechanik der Stossvorgänge. Göttingen Nachrichten 146–160.[ix] Brian Greene. (2004), p. 91.[x] Albert Einstein quoted in Einstein by Walter Isaacson.[xi] Walter Isaacson. Einstein, pp. 96–97.[xii] Ibid.[xiii] Werner Heisenberg. The Physical Principles of the Quantum Theory, p. 20.[xiv] Masano Ozawa. (2003). Universally valid reformulation of the Heisenberg uncertainty principle on noise and disturbance in measurement. Physical Review A 67 (4), arXiv:quant-ph/0207121; Aya Furuta. (2012). One Thing Is Certain: Heisenberg’s Uncertainty Principle Is Not Dead. Scientific American.[xv] L. A. Rozema, A. Darabi, D. H. Mahler, A. Hayat, Y, Soudagar, & A. M. Steinberg. (2012). Violation of Heisenberg’s Measurement—Disturbance Relationship by Weak Measurements. Physical Review Letters 109 (10).[xvi] Steven Weinberg. Dreams Of A Final Theory, p. 74.[xvii] For a system of spinless particles with masses, the state vector is equivalent to a wave function, but for more complicated systems this is not the case. Nevertheless, conceptually they play the same role and are used in the same way in the theory, so that we do not need to make a distinction here. Franck Laloë. Do We Really Understand Quantum Mechanics?, p. 7.[xviii] Franck Laloë. Do We Really Understand Quantum Mechanics?, p. xxi.[xix] There are 6N dimensions in this phase space because there are N particles in the system and each particle comes with 6 data points (3 for its spatial position (x, y, z) and 3 for its velocity, which has x, y, zcomponents also).[xx] The space of states (complex vector space or Hilbert space) is linear, and therefore, conforms to the superposition principle. Any combination of two arbitrary state vectors and within the space of states is also a possible state for the system. Mathematically we write where & are arbitrary complex numbers.[xxi] Franck Laloë. Do We Really Understand Quantum Mechanics?, p. 19.[xxii] Chapter VI of J. von Neumann. (1932). Mathematische Grundlagen der Quantenmechanik, Springer, Berlin; (1955). Mathematical Foundations of Quantum Mechanics, Princeton University Press.[xxiii] It might be useful to challenge the logical validity of the claim that something can “cause a random occurrence.” By definition, causal relationships drive results, while “random” implies that there is no causal relationship. Deeper than this, I challenge the coherence of the idea that genuine random occurrences can happen. We cannot coherently claim that there are occurrences that are completely void of any causal relationship. To do so is to wisk away what we mean by “occurrences.” Every occurrence is intimately connected to the whole, and ignorance of what is driving a system is no reason to assume that it is randomly driven. Things cannot be randomly driven. Cause cannot be random.[xxiv] Franck Laloë. Do We Really Understand Quantum Mechanics?, p. 11.[xxv] Bohr preferred another point of view where state vector reduction is not used. D. Howard. (2004). Who invented the Copenhagen interpretation? A study in mythology. Philos. Sci. 71, 669–682.[xxvi] Franck Laloë. Do We Really Understand Quantum Mechanics?, p. 28.[xxvii] This example was inspired by section 2.4 of Franck Laloë’s book, Do We Really Understand Quantum Mechanics?, p. 27–31.[xxviii] Franck Laloë. Do We Really Understand Quantum Mechanics?, p. 28.[xxix] T. S. Eliot. (1921). The Sacred Wood. Tradition and the Individual Talent.
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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How do I register a trademark in India?
In India, you can trademark any of the following or even a combination of these things:Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of ColorsSo, what is the procedure of registering a trademark?Step 1: Search for a “crazy-enough” brand nameYou get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.Step 2: Making the trademark applicationNow that your name is finalized upon, fill in the trademark application i.e. Form- T.M. , the application costs INR 3500 and is a one time fee.Along with the application, you will need to submit a couple of supporting documents:1. A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.2. An image of your brand logo in a standard size of 9 x 5 cms3. If applicable, proof of claim of the proposed mark being used before in another country.Step 3: Filling the brand name registration applicationThere are 2 ways to file the registration – manual filing or e-filling.In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.But in e-filing system, the acknowledgement of the application is issued immediately.And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!Step 4: Examining the brand name registration applicationAfter receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why, quirky brand name, people! If there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.If not opposed then the Trademark registration certificate will be given.Step 5: Publication in the Indian Trade Mark JournalsAfter examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.Step 6: Issuance of the trademark registration certificateIf no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! And issues a Certificate of Registration under the seal of Trademark Registry.You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.The whole process of registration of a brand name usually takes anything between 15-18 months. The trademark once accepted, is valid for a period of 10 years from the date of issuance of the Certificate of Registration. After the end of 10 years, the trademark will need to be renewed.See more at: Trademark Registration process - WazzeerAlthough the process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand.For any help regarding this, you can signNow us at http://www.wazzeer.comIn case, you are thinking of getting some free advise from an experienced Lawyer (and Accountant), checkout Counsel application of Wazzeer.#WazzeerKACounsel**For any Legal and Accounting support, Happy to help you, let us talkPS: Wazzeer Loves entrepreneurs #GoGetIt
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