Thursday, September 18, 2008

Orkut Legal Issues

Brazil

On August 22 2006, Brazilian Federal Judge José Marcos Lunardelli ordered Google to release Orkut user’s information of a list of about two dozen Brazilian nationals, believed to be using Orkut to sell drugs and involved in child pornography by September 28. The judge ordered Google to pay $23,000 per day in fines until the information is turned over to the Brazilian government. The information the government is requesting would also be used to identify individuals that are spreading child pornography and hate speech, according to the Brazilian government. As of September 27 2006 Google has stated that they will not release the information, on the grounds that the requested information is on Google servers in the U.S. and not Google servers in Brazil, and is therefore not subject to Brazilian laws.

India

Of late, the number of Indians on Orkut has been increasing rapidly.[10] On October 10, 2006, the Bombay High Court's Aurangabad bench served a notice on Google for allowing a hate campaign against India.[11] This referred to a community on Orkut called 'We Hate India', which initially carried a picture of an Indian flag being burned and some anti-India content.[12]

The High Court order was issued in response to a public-interest petition filed by an Aurangabad advocate. Google had six weeks to respond. Even before the petition was filed, many Orkut users had noticed this community and were mailing or otherwise messaging their contacts on Orkut[citation needed] to report the community as bogus to Google, which could result in its removal. The community continues to exist and had spawned several 'We hate those who hate India' communities.

Prior to the 60th Independance Day of India, orkut's main page was revamped. The section which usually displayed a collage of photos of various people, showed a stylized orkut logo. The word orkut was written in the Devanagiri script and was colored in the Indian national colours. Clicking on the logo redirects to a post by the orkut India Product Manager, Manu Rekhi,[13] on the orkut internal blog. There has also been some media outcry against Orkut after a couple of youngsters were apparently lured by fake profiles on the site and later murdered.[14]

On November 23, Bombay High Court asked the state government to file its reply in connection with a petition demanding a ban on social networking site, Orkut, for hosting an anti-Shivaji Web community.[15]

Recently, the Pune rural police cracked a rave party which is illegal in India.[16] The accused have been charged under anti-narcotic laws, the (Indian) Narcotic Drugs and Psychotropics Substances Act, 1985 (NDPS). Besides the NDPS, according to some media reports, the police were deliberating on the issue of charging the accused under the (Indian) Information Technology Act, 2000 perhaps because Orkut was believed to be one of the mode of communication for these kind of drug abuses

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