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STATIC IP STOLEN AND MISUSED TO UP/DOWNLOAD HEAVY TRAFFIC?

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved 
STATIC IP STOLEN AND MISUSED TO UP/DOWNLOAD HEAVY TRAFFIC?

I HAVE A MTNL BROADBAND CONNECTION, NOW SINCE LAST TWO MONTHS AFTER OFFICE HOURS SOMEONE USING OUR ACCOUNT AND DOWN/UPLOADING MORE THAN 838 MB WHICH ON TWO CONSECUTIVE OCCASIONS WHICH RESULTED IN MY ACCOUNT GETTING DEACTIVATED. NOW I HAVE STATIC IP ALLOTTED. THIS HAS HAPPENED TWO CONSECUTIVE MONTHS AND I WAS FORCED TO PAY ADDITIONAL CHARGES THOUGH I HAVE NOT USED THE TRAFFIC. NOW CAN SOMEONE TELL ME HOW THIS IS POSSIBLE, IF SOME ONE HAS STATIC IP, CAN HIS IP STOLEN TEMPORARILY TO MISUSE?.FYI INFO I DO NOT HAVE SIGNING IN PAGE THERE IS NO NEED TO SIGN IN AS SOON AS COM0PUT ER IS SWITCHED ON THE BROADBAND CONNECTION IS ON

I ALWAYS GET SMS AFTER 9 PM NIGHT “ You are signed out of yahoo messenger”

I gave complain to mtnl in writing , they are not accepting, what should i do
Arvind Singh Chauhan (Expert) 23 February 2010
You can file complaint through registered post if MTNl is not receiving the same. You should file complaint immediately to Police, Cyber Crime Cell of police may help you.
Sanjeev Panda (Expert) 23 February 2010
You can file the complaint with the MTNL and ensure that they take the necessary action. Alternatively, the offending act which you mentioned falls under Section 43 (h) of the Information Technology Act, 2000 which is cyber contravention dealt under Chapter IX of the Information Technology Act. The complaint can be made to the Adjudicating officer under Section 46 of the IT Act which can direct the investigation and also award damages/compensation to you. The police cannot register the complaint as the act is not an offence under the IT Act, it is a case of cyber contravention.
Sanjeev Panda (Expert) 23 February 2010
I would like to amend my aforesaid opinion a bit. You can also file a complaint with police u/s 66 IT Act which says that "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 three years or with fine which may extend to five lakh rupees or with both". This is a cognizable but bailable offence. The act you mentioned falls under Section 43 (h) as I have mentioned above, now you can draft the complaint in the manner showing the fraudulent and dishonest intention of unkown person for unauthorisedly using your IP and internet time which is causing you loss. The complaint must reflect the fraudulent & dishonest intention as defined under Section 24/25 IPC which is sina qua non for attracting the Section 66 IT Act.
O. Mahalakshmi (Expert) 23 February 2010
I agree with Mr. Sanjeev Panda
B K Raghavendra Rao (Expert) 23 February 2010
It is a cyber crime. You better lodge a police complaiant with Cyber Police Station in your area. Normally police are not equipped to handle such case i.e. investigate and identify the criminal.


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