Are Attorneys Afraid Of Using Social Media?

One of the easiest ways to find an attorney in today’s times is via social media. The legal business just like any other business today is learning the ropes of what it means to be part of the social media network and benefit from it. Whether it’s a Kansas City attorney or a law firm in New York, they’ve been forced to explore social media and what it can do for their business.

There is another side to this story though. While it has its advantages social media is a very open platform. Things go viral and quite honestly, once something has been uploaded on the web via a social media channel, there is little control over where it might land eventually or who might see it.

For most other professions this does not pose as a big risk. But that is not the case with the legal industry. Because of the sensitive nature of their field and the kind of work they do, lawyers have to be careful about what they post on the web, especially when they use social media as a personal space.

So the question is- Are attorneys afraid of using social media? Yes, possibly so. There are a number of reasons why an attorney might be afraid that social media can land them into trouble. The legal profession has always been categorized as a serious profession. When anyone is out in the market to find an attorney, they have a certain image in mind.

In such a case, anything that a lawyer has written on their social platforms can be used as a medium to judge them professionally. Sometimes an innocent remark or update written just for fun can cast a shadow on the reputation of the attorney and cost them a case.

Another factor to consider is the confidentiality status quo that lawyers have to maintain at all times. Under this, in no circumstance can a lawyer reveal any information knowingly or unknowingly about a client. When it comes to social media, an attorney can never be sure when something they might have posted can be linked to breach of confidentiality.

This is especially true in the case of blogging. Presumably, the posts might be related to cases or experiences on cases and this will warrant divulging some facts.  There is also the possibility that a lawyer might end up discussing legal issues on a social media platform with someone who is against a current client of theirs. This can be seen as a conflict of interest.

Another risk for an attorney to openly talk about law on social media is the fact that it can unintentionally lead to unauthorized practice. For e.g.: a Kansas City attorney might end up giving advice to someone in Florida but he is not licensed to practice in Florida, this might be considered a violation.

While the risk of using social media are many for attorneys, it is very hard to ignore the fact that social media is here to stay. The key eventually is in using the platform responsibly and with extreme caution and awareness.

Intellectual Property (IP) Disputes Have Increased Tremendously

Intellectual property rights (IPRs) have assumed tremendous importance these days and both individuals and organisations are doing their level best to protect and enforce the same. As a result, the IP battles are increasing world over and India has also witnessed a growth in IPR disputes.

IP like trade secrets, patents, copyright, trademarks, etc have become crucial for the growth and expansion of various businesses. Add to it the domain names and you cover the cyberspace and techno legal areas as well.

Intellectual property (IP) disputes have increased tremendously. As more and more individuals and organisations have started asserting their IP claims, the litigation and court cases have also increased.

At the international level, the international trade commission (ITC) has recently held that Apple and Microsoft did not violate the patent rights of Google. Kim Dotcom has accused Google, Facebook, Twitter etc of violating his two step authentication patent.

Mozilla has also issues a cease and desist notice to Gamma International for maliciously using its brand and reputation. The Japanese Company Kawasaki Heavy Industries (KHI) has also accused Chinese Company CSR Sifang of stealing its Shinkansen Bullet Trains.  

The U.K. Supreme Court has also decided that storing of cache on a users computer of the copyright protected work is not copyright infringement. Similarly, the supreme court of India also held that Novartis has no patent rights in its product Glivec. U.S. Pharmaceutical Company Merck Sharp and Dohme’s (MSD) has also appealed before Division Bench of Delhi High Court.  

On the Trademark and Domain Name fronts, India has submitted Instrument of Accession to the Madrid Protocol for International Registration of Marks. In a domain squatting case, Tata Sons And Tata Infotech won domain name lawsuit against Arno Palmen. The objection and dispute resolution for ICANN’s new GTLDs registrations is also in full swing. The Financial Times and Times of India are also fighting trademark battle in Supreme Court of India.

On the legislation front, the recent Indian Copyright Amendment Act, 2012 (CAA 2012) has incorporated provisions related to digital rights management. These include protection of technological measures used by copyright owners and making their unauthorised circumventions punishable under the Copyright Act. Similarly, the proposed U.S. legislation would target companies using stolen intellectual property of U.S.

This trend of protection of IP is going to be more severe in future. The IP portfolio management in India and online brand protection in India is going to be a trick issue and individuals and companies must keep this trend in mind.  

Online Cyber Security Courses In India By PTLB

Cyber security courses in India are in great demand in India. If media reports are to be believed, cyber security professionals would be in demand in India in the near future. However, cyber security skills and capabilities development is not an easy task to achieve.

At Perry4Law’s Techno Legal Base (PTLB) we believe that we must have both offensive and defensive cyber security capabilities in India. This is easy to say but very difficult to achieve.

Similarly, cyber security is a techno legal field that requires techno legal skills development in India and not merely an academic syllabus. We have been trying to achieve this herculean task and have achieved moderate success in this regard as well.

Our virtual campus is the exclusive techno legal cyber security virtual campus in India. It has been providing techno legal trainings and skills development in the fields like cyber law, cyber security, cyber forensics, cyber crimes investigation, e-discovery, e-commerce, e-courts, online dispute resolution (ODR), etc.

We achieve this task through the exclusive techno legal cyber security e-learning platform of India that is managed by PTLB. The “application form” can be downloaded from here. See the students’ enrollment and FAQs segments of PTLB for more details. For payment of the fees, see the payment mechanism of PTLB.

The objective of the online cyber security courses of PTLB is to provide on the spot trainings and skills development to masses. Since the trainings and skills development are technology driven, any person or institution from any part of the world can avail the benefits of our trainings and skills development initiatives. We hope our trainings and course would prove useful to all concerned.

Source: Virtual Campus Of PTLB.

Online Pharmacies Are Under Scrutiny

The online sales of prescribed medicines in India are by and large still unregulated. Illegal and unscrupulous online pharmacies, both Indian and foreign, are taking advantage of this lacuna of Indian laws.

However, those days of chaos and non regulation are gone. Indian regulatory authorities are now scrutinising these online pharmacies for violation of various pharmaceutical standards, codes and regulations.

Although we have no dedicated e-retailing laws and regulations in India yet the legal aspects of online pharmacies can be found under multiple legislations of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal e-commerce expert of India, Online Pharmacies of India are under Regulatory Scrutiny. There are many Online Pharmacies in India that are openly violating the Pharmaceutical and other Laws of India.

Further, these Online Pharmacies are also violating the Cyber Law of India, especially the Cyber Law Due Diligence of India. There is an urgent need on the part of States to crack down upon such Illegal Online Pharmacies of India, opines Dalal.

Illegal online pharmacies are grave danger to the lives of millions of Indian citizens who readily rely upon such pharmacies for their medical requirements. The central drugs standard control organisation (CDSCO) must play a more pro active role in this regard. Till now its role has been passive and non-interfering in nature when it is must be otherwise.

We hope the CDSCO and Indian government would take strict penal action against the defaulting and illegal online pharmacies that are openly flourishing in Indian that also right under the nose of Indian government.

Source: Cjnews India.

Open Source Malware Analysis By Malwr Com

Malware is a big security threat in the present environment. Some malware are so sophisticated that they cannot be detected by any technology or software present as on date. They are detectable after a lapse of considerable period of time that may at times be years.

There are some very good free and open source malware detection and removal tools and softwares as on date and more and more are added on regular basis. These include Malwarebytes, ClamAV, etc. More can be found at the Sourceforge page.

Malwr is another free malware analysis service. It allows you to analyse suspicious files and extract information on their process and network behavior while being executed. It's built on top of an open source malware analysis system called Cuckoo Sandbox.

In order to use Malwr.com you just need to choose the file to analyse, solve the captcha and submit it. You can choose an analysis package between the ones available, if none is specified, Cuckoo Sandbox will try to detect if it's a PE32 or a PDF file and choose the appropriate package.

If the file format is not recognised, the analysis will be aborted. You can also specify your email address to receive a notification when your analysis is ready.

Malwr.com is powered by the Shadowserver Foundation. It is a product worth trying and commenting.

Is Media Promoting Soft Porn In India?

We have been witnessing a trend where online media and websites in India have been accused of promoting soft pornography at their platforms. The cyber law of India clearly prohibits such display of soft porn in India yet till now we have not witnessed any compliant or court case against such platforms.

We recently received an e-mail from Supreeth Sudhakaran informing us about the possible cyber law violation by the English website of the Bhaskar Group. We have forwarded the same to Perry4Law’s Techno Legal Base (PTLB), the leading techno legal segment of law firm Perry4Law.

According to Supreeth he recently visited the English website of the Bhaskar Group and found that they have been promoting a nude calendar under the claims that it is artistic and that they are launching it in India.

The website has neither blurred the image nor creatively cropped it, says Supreeth. When he contacted their editors, he did not receive any response. Now Supreeth wonders whether the website in question violates any law of India.

The cyber law due diligence for press and media in India is well known and a failure to observe the same could result in criminal liabilities. According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of Asia, a single such episode can attract Civil and Criminal Liabilities on the part of those involved in the making, uploading, publication and circulation of the same in paper and electronic form. The Cyber Law of India prescribes stringent Due Diligence Requirements that paper based and electronic publishers must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Praveen Dalal.

The legal position in this regard is very clear and websites and media platforms must keep the cyber law due diligence requirements in mind.

Is Online Gambling And Betting Legal In India?

As a leading techno legal ICT law firm of India, Perry4Law is frequently approached for numerous techno legal issues. One of them pertains to e-commerce laws and regulations in India.

Recently many queries have been raised about the applicable online gambling laws and regulations in India.  We have also observed that e-commerce legal compliances in India are not followed in true letter and spirit. This may be due to lack of knowledge about applicable e-commerce laws but ignorance of laws is no excuse.

If e-commerce players do not follow the laws of the land, they may found themselves in uncomfortable situations. For instance, cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies are some of the issues that have been ignored by almost all e-commerce players of India.

Coming back to the burning issue whether online gambling and online betting is legal in India or not? We have already covered the legality of online gambling and betting in India and other e-commerce compliance requirements in India but we would briefly cover the same once again.

The golden rule for deciding whether online gambling in India is legal or nor has to be judged by many factors that depends upon the facts and circumstances of each case and upon state to state. There are many states in India where gambling is legal and few where even online gambling and betting is legal. However, there are some states like Mumbai where online gambling is expressly prohibited and made a punishable offense. So it depends upon the state where you wish to carry the online gambling and betting business.

Then there is the rule of skills versus chance as laid down by the courts of India. As a general rule, where the game involves application of skill on the part of the player and the element of chance is minimal, the activity would be considered to be a game and not an act of gambling. However, the applicability of this test of skill versus chance may not be applicable to online or Internet games, betting and gambling as various judicial decisions pertaining to different sets of facts and circumstances and can be distinguished easily in subsequent litigations.

Finally, economic and taxation legislations like tax laws of India, anti money laundering laws, etc are also involved while operating online casinos, online gambling and betting and online gamming platforms.  The provisions of these economic legislations are very stringent in nature and can cause great detriment to the owner or operator of the online casino, gambling and betting website.

To be on a safer side, it is better to comply with various techno legal laws of India while opening an online gambling, gaming and betting platform rather than facing the punitive provisions of Indian laws.

Source: E-Commerce Laws and Regulations In India.

E-Commerce Compliances In India

E-commerce is the latest entrepreneur bandwagon in India. Thousands of e-commerce portals have emerged during the year 2012. However, in the zest of earning profit, legal and compliance requirements pertaining to e-commerce have been totally ignored by almost all the e-commerce portals.

The most vulnerable categories that have opened their online shops pertain to online pharmacies, online gambling and gaming, electronics, etc. These e-commerce portals are not at all complying with the respective laws of these segments.

Even the Indian government is lax in implementing the regulatory and compliance requirements against these illegal online pharmacies, gambling portals and other similar e-commerce platforms.

This has posed serious threat to not only lives of millions but also to the socio-economic and law and order situation n India. Regulatory bodies covering these fields must be more vigil while keeping a tab upon illegal and unethical activities of those e-commerce portals that are flouting the laws of India.  

There are many techno legal compliance requirements that e-commerce portals of India must comply with. At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players.

Presently, cyber law compliances, due diligence and techno legal compliances are not followed by various e-commerce websites in India. There is an urgent need to scrutinise these e-commerce portals and prosecute the guilty for violations of Indian laws.

It would amount to adoption of double standards by Indian government if it plays harsh upon foreign companies but leaves Indian companies and e-commerce portals untouched. Let us hope Indian government would do the needful in this regard as soon as possible.

Source: E-Commerce Laws And Regulations In India.

Online Gambling Laws And Regulations In India

Online gambling in India has aroused great interest among many e-commerce entrepreneurs of India. This is because online gambling is a very remunerative and profit oriented business. However, online gambling is also a complicated business filed as many laws and technical issues have to be resolved at the same time.

We have a central law on gambling called the Public Gambling Act of 1867. Similarly, we have many state laws on gambling that are mostly based upon the central law. Further, almost all the state laws are regulating real world or offline gambling in India. The exception in this regard can be found in the laws applicable in places like Goa and Sikkim.

Recently Goa has made its casino laws very stringent keep in mind the money laundering, black money and tax evasion issues in mind. Similarly, Sikkim is also in the process of harmonising its laws with the central laws.

As far as judiciary is concerned, the Supreme Court of India has made a distinction between skills based and chance based gaming activities. Of course, each case depends upon its own facts and circumstances and the respective state law and we cannot apply one decision uniformly in all cases of gambling and online gambling. 

The e-commerce laws and regulations in India are still at the infancy stage. As a matter of fact, a majority of e-commerce portals and players in India are not following the laws of the land in true letter and spirit. Surprisingly, there is a general misconception among the e-commerce players of India that for running an e-commerce website in India they need not to follow much law. On the contrary, there are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India.

The chief among these e-commerce players are online pharmacies, online gambling and gaming portals, electronics e-commerce websites, etc. They fail to understand that use of technology has brought additional legal issues that are primarily techno legal in nature. Their continued ignorance may bring civil, criminal and financial penalties. The recent spate of FDI crackdowns by India government proves this point.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players. The skill and chance and state subject legal arguments are not sufficient to comply with complicated techno legal requirements of India as on date. So before launching an e-commerce portal, the concerned person or company must make it sure that techno legal requirements are duly complied with.

Source: E-Commerce Laws And Regulations In India.

Indian Law Firms Database

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have launched a platform where database of Indian law firms would be available. The database is the most comprehensive legal database of India that is not only providing information about the techno legal aspects applicable in India but is also providing relevant and useful information in this crucial field.

A must see resource for all national and international stakeholders interested in techno legal aspects applicable in India.

See Law Firms In New Delhi India for more.

E-Books And Bookstores In India

The e-books segment is increasing in India due to favourable legal and commercial environment. The e-books publication in India and e-commerce industry is also flourishing. The print book industry is also eying the potential of e-book segment and they are exploring the e-commerce method to increase their revenues. Amid all this excitement remains the fact that e-commerce laws and regulations in India are still not followed by and large by various e-commerce entities in India.

See Will E-Books Kill The Bookstores In India? for more.

E-Books Segment Increasing In India

Traditionally book reading was confined to paper based books alone. This has both advantages and disadvantages. But the things have changed dramatically now. With the active use of Internet and information and communication technology (ICT), the book publication and distribution industry has witnessed a sea change.

Electronic books publication is the latest trend world over. Although the market share of books publication is still dominated by printed books yet e-books business segment is also fast catching up.

Many e-commerce players belonging to education sector are eying India for a larger market for e-books. This cannot be effectively done till e-commerce laws and regulations in India are duly followed.

See E-Books Publication In India And E-Commerce Industry for more.

Cyber Security In India

I have started another blog titled cyber security in India. The same would primarily cover issues pertaining to cyber security in India and world wide. However, other techno legal issues of national and international importance would also be covered. I request my friends to join me in this endeavour and help the platform to reach the level where our other platforms have reached.

See Cyber Security In India for more.

Cyber Law Lawyers In India

Information and communication technology (ICT) is a field that requires good working knowledge about technology. If we add legal issues to it, ICT dealings become techno legal in nature. This techno legal nature of laws like cyber law and fields like cyber forensics, cyber security, etc poses big challenge for legal fraternity world wide.

For instance, we have very few cyber law firms in India. There are a few law firms for cyber law in New Delhi India that are providing cyber law due diligence services in Delhi, India. In fact, these law firms are giving cyber law a new shape in India. We would need many good cyber law lawyers and law firms in India in near future.

Perry4Law is the exclusive techno legal cyber law firm in New Delhi, India and world wide that is internationally renowned in the fields like cyber law, cyber security, cyber forensics, etc. Perry4Law’s Techno Legal Base (PTLB) further strengthens the techno legal expertise of Perry4Law.

Although cyber security as a legal field has been acknowledged by foreign lawyers and law firms yet cyber security law firms in India or cyber security lawyers in India are still missing. In fact, Perry4Law is the exclusive cyber security law firm in New Delhi, India.

Of late, young lawyers have started to explore career in areas like cyber law and intellectual property rights (IPRs). Traditional litigation fields like civil and criminal laws are not attracting them any more.

However, making a career in cyber law is not an easy task. These young lawyers need to ensure cyber skills development so that they can effectively manage the technical aspects of cyber law. PTLB is providing the exclusive techno legal e-learning in India for various stakeholders, including young lawyers.

With the growth of online cyber law education in India, cyber law as a career for young lawyers is going to be top choice. Those seeking career in cyber law must ensure that they invest in practical trainings and not theoretical knowledge. If you wish to be a good ICT and cyber law lawyer in India, start acquainting yourself with practical aspects of cyber law.

Source: Techno Legal Journalists.

Structuring Of Investments In Indian E-Commerce Businesses

The structuring of investments in e-commerce businesses in India is a tricky issue. Many e-commerce players like Flipkart and Bharti Walmart are already facing investigation for violation of India laws including these pertaining to foreign direct investment (FDI) violations, market access norms violations, industry lobbying, etc.

FDI in wholesale trading and e-commerce sectors of India under consolidated FDI policy of India 2012 was given a major boost by Indian government. Even the parliament of India recently approved FDI in e-commerce sector of India.

While structuring of investments in e-commerce business in India both national and global financer, investors and private equity players must keep in mind the techno legal requirements of India. In case of doubt they may seek the techno legal services of Perry4Law and similar law firms.

See Techno Legal News for more.

Are Indian And International E-Commerce Players Flouting Indian Laws?

Amid strong protests raised at the parliament of India by the opposition party, the Indian government has ordered an investigation into the alleged Walmart lobbying issue. This raises a genuine question: are Indian and international e-commerce players flouting Indian laws?

Perry4Law has already shared a legal research report regarding business structuring of e-commerce in India. It seems Indian e-commerce, FDI regulations and cyber due diligence are not complied with by various national and international e-commerce players as on date.

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian and International E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

See Probe Against Walmart In India Ordered For Market Access Lobbying for more.

Indian E-Commerce, FDI Regulations And Cyber Due Diligence

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

For a legal e-commerce business in India, the e-commerce businesses structuring in India must be done with due regard to applicable laws of India. The legal research report by Perry4Law for business structuring of e-commerce in India has given a special emphasis to techno legal compliances for that e-commerce players of India must follow.

For instance, Cyber Law Due Diligence in India and Cyber Due Diligence for Indian Companies are equally applicable to E-Commerce Players of India, suggests Dalal. There is a general Apathy among E-Commerce Players of India towards complying with these Statutory Requirements, opines Dalal.

See Cjnews India for more.

Business Structuring Of E-Commerce In India: Legal Research Report By Perry4Law

E-commerce businesses structuring in India is the latest concept in India. Thanks to the flourishing usage of information and communication technology (ICT) in India, e-commerce entrepreneurs have started exploring this avenue. However, practical difficulties and legal hassles are still troubling Indian e-commerce players. In this very useful techno legal research report made by Perry4Law, it has shared the techno legal aspects of e-commerce rules and regulations of India.

See Cjnews India for more.

E-Commerce Businesses Structuring In India By Perry4Law

In this techno legal research report made by Perry4Law, India’s exclusive techno legal ICT and e-commerce law firm of India, it has shared the techno legal aspects of e-commerce rules and regulations of India.

Some of the vexing legal issues surrounding e-commerce business setup and structuring in India include areas like pharmaceuticals, online shopping, online pharmacies trading in banned drugs, electronic trading of medical drugs, digital communication channels for drugs and healthcare products in India, e-commerce dispute resolution, online dispute resolution for cross border e-commerce transactions, e-health laws and regulations in India, etc.

About Perry4Law

Perry4Law is the Exclusive Techno Legal Corporate, IP And ICT Law Firm of India that is providing domain specific services on Corporate, IP and ICT matters such as Banking and Finance, Business Setup, Corporate and Commercial Advisory, etc. See Perry4Law’s Services for more details.

See Cjnews India for more.

Cyber Law In India For Facebook And Google

Facebook and Google are Internet intermediaries within the meaning of cyber law of India. As internet intermediaries, Facebook and Google are required to comply with various national and international laws.

Internet intermediaries in India are required to follow certain due diligence requirements under the cyber law of India incorporated in the information technology act, 2000 (IT Act 2000). If they fail to observe such cyber due diligence, the safe harbour protection available under the IT Act 2000 is lost.

While pre screening of contents and expecting Internet intermediaries like Google, Facebook, Microsoft, Yahoo, YouTube, Linkedin, etc to keep a vigil watch upon the Internet is simply unreasonable and unrealistic yet asking Internet intermediaries to block or remove offending contents, after they have been duly notified in this regard, is a genuine need and reasonable demand.

Such removal or non removal of objectionable and offending contents cannot be considered to be right or wrong as per Internet intermediaries or Indian government’s viewpoint. Rather an independent analysis of the same must be made by courts keeping in mind the facts and applicable laws.

Further, there must be uniformity in application of Indian laws to all in similar situations. If there is a discrimination against foreign companies and favour for domestic companies, this undermines the confidence and trust of online community world over. For instance, recently Reliance and Airtel blocked websites in India whose legality is still doubtful. Department of information technology (DIT) must investigate such blocking in order to rule out favoritism for domestic companies.

It has also been reported that social media websites users in other states of India are planning to engage in legal battles in such states to access any blockage of such websites. Legally they can do so but in the long run such a move would be counter productive.

In the past, the argument of being a subsidiary has kicked back and now the parent company has to face the trial. Even if the subsidiaries are exempted from any criminal liability, the liability of parent company is now emerging as an even bigger issue. Let us see how Indian Courts would decide these cases.

Indian Crisis Management Plan For Cyber Attacks And Cyber Terrorism

Crisis management plan of India is one of the most important policy requirements. This is so because the threats of cyber attacks, cyber espionage and cyber terrorism are looming large at India. India needs to understand the seriousness of cyber attacks upon its critical infrastructures and cyberspace. To start with, India must formulate a crisis management plan to tackle cyber attacks, cyber terrorism and cyber espionage attempts.

Crisis management plan (CMP) is a measure of readiness to meet uncertainties and future risks and accidents. If we have a good crisis management plan at place, we can minimise the damage and harm to maximum possible extent.

CMP pertaining to information and communication technology (ICT) is an essential part of national ICT policy of India. The other parts of national ICT policy of India are cyber security policy of India, critical infrastructure protection policy of India, critical national infrastructure protection policy of India from cyber attacks, national security policy of India, etc.

Similarly, we must also formulate a cyber security policy for India. With more and more networks and computers are now connected with public utilities and essential public services, cyber security assumes great significance these days. India is also looking forward for mandatory electronic delivery of services. This would increase the risks of cyber attacks upon crucial public delivery systems of India.

The government of India has issues certain guidelines to safeguard Indian cyberspace. According to these guidelines no sensitive information is to be stored on the systems that are connected to Internet. The Government has also claimed to have formulated Crisis Management Plan for countering cyber attacks and cyber terrorism for implementation by all Ministries/ Departments of Central Government, State Governments and their organizations and critical sectors.

The organisations operating critical information infrastructure have been advised to implement information security management practices based on International Standard ISO 27001. Ministries and Departments have been further advised to carry out their IT systems audit regularly to ensure robustness of their systems. Ministry of External Affairs has also issued a comprehensive set of IT security instructions for all users of MEA and periodically updates them on vulnerabilities.

Although the steps taken by Indian government are praiseworthy, they are not sufficient to ward off the sophisticated cyber attacks. The practical implementation of the crisis management plan of India is still missing. With a beginning already taken place, it needs a political will to give it a final shape and help it to reach its final destination.

Source: Cjnews India.

Unconstitutional And Illegal Biometrics Collection Laws And Practices In India

India is passing through one of the “Most Dangerous Periods” for Civil Liberties and Human Rights Protections. No time in the past Indian Citizens were so “Vulnerable” to Human Rights Violations and blatant violation of their Fundamental Rights.

The Constitution of India has conferred many Fundamental Rights upon Indian Citizens and Persons. However, Indian Government is acting in clear “Derogation” of these Fundamental Rights and Human Rights.

Article 21 of Indian Constitution confers Privacy Rights in India to all. Similarly, Article 21 also confers Right to Life and Liberty to all that cannot be taken away except by “Due Process of Law”. Articles 14, 19 and 21 collectively protect against “Arbitrary and Unconstitutional State Actions”.

Despite all these “Protections and Rights” we have Authorities like Unique Identification Authority of India (UIDAI) that is not governed by any Law whatsoever. Similarly, we have provisions pertaining to National Population Register (NPR) of India that are clearly “Unconstitutional”.

We have no dedicated Data Protection Laws in India, Data Security Laws in India, Cyber Security Laws in India, etc. Even the Cyber Law of India, incorporated in the Information Technology Act, 2000 (IT Act 2000), is an “Endemic E-Surveillance Enabling Law” that requires urgent “Repeal”.

Cyber Security in India is also in bad shape and even the Supreme Court of India has chided Indian Government to boost up its Cyber Security to protect National Security of India. National Security and Right to Information in India are on “Crossroads” where the “National Security Card” is very frequently played by Indian Government to deny “Legitimate and Eligible Information” to Indian Citizens.

In all this “Political and Legislative Mess” we have a “Bonus” for Indian Government as well. The Parliamentary Oversight of Intelligence Agencies of India is missing and they are “Not Accountable” to any “Legislative and Parliamentary Scrutiny”.  Intelligence related Projects like National Intelligence Grid (NATGRID), Central Monitoring System (CMS) of India, proposed National Counter Terrorism Centre (NCTC) of India, etc have no Parliamentary Approval and Oversight.  

There is no second opinion that collection of “Highly Sensitive Biometric Details” by any Governmental Agency or Authority in such circumstances is not only “Unconstitutional” but is also “Highly Risky” for Life and Liberty of Indian Citizens/Persons. In fact, collection of Biometric Details by UIDAI and NPR are clearly “Unconstitutional and Illegal” and Indian Citizens and Residents can “Refuse” to provide the same no matter what these Authorities and Laws say.

Human Rights Protection in India is at its nadir. Similarly, Civil Liberties Protection in Indian Cyberspace is in doldrums. If we keep on succumbing to the “Pressure Tactics” of Indian Government, the day would be not far when Indian Government would have complete control over our “Body and Soul”.

Source: Human Rights Protection In Cyberspace.

Techno Legal Thoughts

I have started a new blog titled Techno Legal Thoughts that would discuss issues like cyber law, cyber forensics, cyber security, trainings and education, cyber threats and cyber attacks, etc.

The purpose of this blog is to share short and contemporary techno legal issues from around the globe. I am also expecting that my colleagues from other platforms would also join me in this endeavour.

Kindly visit Techno Legal Thoughts for more details.

Cyber Security In India

We have still to manage complex issues like cyber warfare against India and its defenses, cyber terrorism against India and its defences and solutions, cyber espionage against India and its challenges, solutions and defences, data security laws in India, critical infrastructure protection in India, cyber security laws in India, etc.

PTLB is managing the exclusive techno legal cyber security research and development centre of India, national cyber security database of India (NCSDI), cyber crimes investigation centre of India, cyber forensics research and development centre of India, centre of excellence for cyber security research and development in India (CECSRDI), etc.

See Centre Of Excellence For Cyber Security Research And Development In India (CECSRDI) for more.

India's Proposal On International Telecommunications Regulation (ITRs)

So what should be India’s stand during the forthcoming World Conference on International Telecommunications (WCIT) to be held in Dubai next month?

Important issues like Cyber Security, Cyber Forensics, E-Surveillance, Human Rights Protection in Cyberspace, International Cyber Crime Investigation Support, etc must be essential part of the proposed ITRs, suggests Praveen Dalal, managing partner of Perry4Law and CEO of PTLB.

PTLB has launched many effective and dedicated initiatives and projects that would help in achieving the objectives of ITU in general and ITRs in particular. For instance, projects like national cyber security database of India (NCSDI), cyber security research and development centre of India (CSRDCI), cyber forensics research and development centre of India, cyber crimes investigation centre of India, etc are on the lines that ITU has been projecting for long.

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