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AdvocateVinodGulati (Partner)     15 January 2013

Passwords

I am willing to engage someone as web designer and system administrator with authorization to update, maintain and edit the website as and when required. What kind of precautions I should take to avoid misuse of the passwords under Cyber laws?



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 4 Replies


(Guest)

@Querist,

 

It could be more convinient for us to give any opinion over this query should you rephrase your query and make it choherent

 

What issue do you have which you think come within the jurisdiction of Law,Since,I believe,if the question is regarding the safety of passwords alone,this query should be transferred in any forum related to technology and science.

 

Thank you,

Regards,

Tajobsindia (Senior Partner )     15 January 2013

You need to have a Web development Agreement with a freelancer or with a web development Company in place first which should at least deal with the following issues and simply asking PWD confidentiality issue here is a very narrow approach vis-à-vis Cyber Laws r/w you are a Lawyer by profession;

 

1. Scope of work to be performed -

2. Ownership of material -

3. Who owns IP rights in the different components of the website that are created by the website developer (e.g. computer code, graphics, text, website design, digital files used for creating the site, etc.)?

4. Who owns IP rights in material that you have provided to the website developer for use on the website?

5. For any elements in which the website designer owns IP rights, what can you do with it? Do you have the right to sublicense, make changes, etc.?

6. For any elements in which IP rights are owned by someone other than you or the website developer (e.g., text, trademarks or software), who is responsible for getting permission to use such third party material?

7. Who owns IP rights in the software that displays your website and runs the components of your website?

8. Can the website developer use the design as a model for other websites? Can he license the software or any other things built into your site to your competitors?

9. Warranties -

10. Maintenance and update -

11. Confidentiality - C Panel, domain Panel PWD and other related issues are discussed here.

12. Liability – Who will bear the responsibility for the links to other sites, the designation of keywords and metatags? Who will be liable in the event of any trademark or other claims?

13. Miscl. - Your website development agreement will also need to include clauses related to fees and payment, indemnification, disclaimers, limitation of liability, jurisdiction and applicable law, etc.



However if narrow approach is to be followed then simple second solution are;

1.
Ask freelancer to do development, designing, all future updates offline and save work in his system.
2. You should ask your web hosting Company C Panel Username and PWD. Keep it safe.
3. Install Team Viewer shareware on your end and tell freelancer to do the same at his end.
4. Whenever he completes any work related to your website he need to jam a session with you via Team Viewer shareware and FTP updates to your hosting servers remotely. In such remote sessions your PC / Laptop / Tablet where you installed the Team Viewer also need to be simultaneously kept ON so that when he invokes FTP session via Team Viewer and remote assistance asks for C Panel Username / PWD only you can assign it typing from your keyboard at a remote end and third party here in this sessions has no knowledge of PWD as it will show ****** (username he can still see but only with username a session does not gets completes)
J.

Here if you follow this narrow approach you will have safety of PWD confidentiality / misuse by any freelancer / web designing company in reference but world wide this is thought to be shortcut solution and does not give 100% protection.

The only hiccup here is he can still misuse your website by any of the 1-12 (1 para out of above 13 I did not include here as it refers to "confidentiality" which I attended in this option) above not signed Agreement clauses with you against which Cyber Laws will still catch you not him as he will wash his hands off saying C Panel Username / PWD is with client (you) and never was disclosed to you and all sessions client generated as MAC ID will be yours which in backend Cyber sleuths can easily lookup. (I will be brief as I don’t wish to scare you more with more technicalities)

So re-read both OPTIONS and see where your 100% comfort level rests and then act accordingly best interest of your IP as you are owner of a website not a freelancer / web designing company and onus is always on owner first and then associated team as per Indian Cyber Laws reason being recall world famous bazee.com and Mr. Bajaj episode who was denied bail in a p*rn CD upload case on his shopping cart website which caught worldwide attention and then Indian Cyber Law say its first Amendment?

1 Like

AdvocateVinodGulati (Partner)     16 January 2013

Who is authorized to keep passwords of the website under Cyber Laws - Chief Executive Officer/owner or System Administrator of a website to update, maintain and edit at any time from anywhere? 


(Guest)

@Querist,

 

'Who is authorized to keep password with'  solely depends upon the organization policy.There is no such restriction imposed by any cyber law of our country.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


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