Techno-Legal Training Of Judges In India Is Required

Judges in India need to be Trained in the Techno-Legal Fields like Cyber Law, Cyber Forensics and other Technology Laws. Services of World Reputed Techno-Legal Firms like Perry4Law must be actively sought in this regard. Perry4Law is the Exclusive Firm that also provides Techno-Legal Training for effective use of E-Courts in India.

Law is an ongoing process and so is its adjudication process. This mandates that lawyers and judges must keep themselves abreast of the latest and contemporary legal arenas. Globally, cyber law and other technology laws have posed difficulties before the lawyers and judges to understand and apply these technology laws effectively.

Cyber law of India has also posed such difficulties before the lawyers and judges in India. Even the law enforcement has found it difficult to tackle the cyber crimes effectively and mostly they try to evade registering cyber crimes. Even if these cyber offences have been registered, most of the judges do not understand the fine details of these cyber laws. Worst of them all is the fact that even if a cyber crime case is accepted in a court of law, there are very few cyber crime convictions in India. This shows the present cyber crime prevention and enforcement conditions in India.

The solution seems to be to educate and train police force, lawyers and judges in India. As far as judiciary in India is concerned, there is an emergent need to provide Techno-Legal Training to judges in India as soon as possible. Judicial hierarchy in India is three tiers in nature. On the lowest rung is the District Court, then comes the High Courts and finally the Supreme Court of India. The maximum numbers of judicial officers are at the lowest rung and it would be a gigantic task to educate and train them in technology laws. They also play the most important role in the justice dispensation of India. For these reasons, it is absolutely necessary to start training of judicial officers from the lowest rung to the highest tier.

No numbers of judicial reforms can succeed till the judicial officers are well versed in contemporary laws and technology laws are proving this concept. It is high time that India must do the best it could do in this regard.

SOURCE: GROUND REPORT

Legal Framework For Law Enforcement And Intelligence Agencies In India

Lawlessness and unreasonableness is guaranteed if there is no accountability. Accountability is absent when there is no legal framework for those managing essential governmental functions challenging the human rights and fundamental rights of the affected persons. Perry4Law has provided a “10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India” to the Government of India. This article is an abstract of the same.

Legal framework is the backbone for any crucial function of the government. This is more so where the law enforcement and intelligence activities of the State are involved. Law enforcement and intelligence activities and functions touch the most basic aspects of a person’s life. That is why we have strong human rights and constitutional protections that safeguard the life and liberties of such persons.

It would be both ironical as well as violation of basic human rights and fundamental rights if the law enforcement and intelligence activities are conducted in an illegal, unreasonable and improper manner. The duties, functions, liabilities and rights of these law enforcement and intelligence agencies must be specified in an unambiguous and proper manner. There is no scope for any sort of ambiguity in these functions of the State.

For instance, the British Security Service is one of three intelligence services or “Agencies”. These include the Secret Intelligence Service (SIS), commonly known as MI6, the Governmental Communications Headquarters (GCHQ), and the Security Service (MI-5). While there are significant differences between the British and US legal structures for law enforcement and intelligence services, MI6 is most like the CIA, GCHQ resembles the NSA, and the Security Service most closely resembles the FBI. All of them are constituted under duly enacted legislative frameworks. Surprisingly, India has taken a very strange approach in this regard.

The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard.

However, the viability and constitutionality of this Act is yet to be checked. When the Center encroaches upon the powers of the States, constitutional crisis and disputes are bound to arise.

The winter session of the Parliament is going on and a holistic and sensible approach in this crucial direction would go a long way in providing a durable law enforcement and intelligence agencies legal framework in India.

SOURCE: MERINEWS

Indian Supreme Court Collegium Under Fire

In an unusual display of assertiveness, the nation’s top lawyers berated the Supreme Court on Saturday for its prolonged indecision on whether chief justice of Karnataka high court, P D Dinakaran, could be promoted despite allegations of corruption and land grabbing.

At a seminar on judicial reforms Fali Nariman exhorted his fraternity to keep away from the benches of even the five seniormost judges of the Supreme Court who constitute the collegium that recommended his appointment.

MORE AT TOI

E-Courts Experts And Consultants In India

E-Courts in India is a much needed initiative. It has, however, always remained an unfulfilled dream. The reason being that there is a dearth of Techno-Legal expertise in India and e-courts cannot be established in India till we have that expertise.

In a welcome step, the Delhi High Court has decided to establish the first e-court of India. The same would be operational by December 8, 2009 in the court of Justice S Ravindra Bhat. It intends to provide SMS alerts about court hearings to advocates and litigants, summons sent through emails, e-stamps instead of stamp paper, recording of evidence through video-conferencing, virtual tour of court premises, etc.

Being in the initial phase, other crucial aspects of e-courts would be taken up in the due course of time. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India has welcomed this step of Delhi High Court. He maintains that this was the most needed action on the part of Indian Judiciary to bring speedier justice at the doorsteps of the litigants. He, however, said that establishment of e-court would require tremendous domain specific techno-legal expertise and in the absence of the same e-courts project is bound to fail.

Only time would tell whether this initiative of Delhi High Court would ultimately succeed or it would prove to b just another press release without actual e-court capabilities. The moment e-filing, presentation, contest and adjudication of the cases would start, India would surely be capable of establishing e-courts. In the absence of these capabilities, we have to wait for few more years to get speedier justice in India.

SOURCE: GROUN REPORT

International Commercial Arbitration And Dispute Resolution In India

The scope of International Commercial Dispute Resolution (ICDR) Services in India is increasing day by day. ICDR can be availed of for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc. The list is just illustrative as the business transactions are too many to categorised here.

The traditional litigation methods of dispute resolution are not very helpful for such high staked commercial disputes. This has necessitated the requirement for Alternative Dispute Resolution (ADR) mechanisms like Arbitration, Mediation, Conciliation, etc. India provides world class “ADR Services” for various fields including those for ICDR.

ICDR in India can be conducted either as “Ad hoc arbitration” or as “Institutional Arbitration”. India has tremendous capabilities for both these forms of dispute resolution. However, India is lacking on the front of use of information and communication technology (ICT) for dispute resolution. This has resulted in a limited growth of Online Dispute Resolution (ODR) in India.

ICDR can be greatly benefited by the use of ODR in India. All we need to do is to strengthen Techno-Legal Services in India.

SOURCE: GROUND REPORT

Cyber Crimes In India Must Be Taken Seriously

Cyber law of India was originally enacted in the year 2000 in the form of Information Technology Act, 2000 (IT Act 2000). The same was dealing with certain specific (not all) cyber crimes including hacking.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the Information Technology Amendment Act 2008 (IT Act 2008) the things have become worst.

The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India. There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

SOURCE: GROUND REPORT

Adjudicating Officer And Cyber Appellate Tribunal Claimed To Be Appointed

In pursuance of provisions of section 46 of the Information Technology Act, 2000, Secretary of the Department of Information Technology of each State and Union Territory have been appointed as Adjudicating Officer to hold an inquiry for civil cyber contraventions.Further, under the provisions of section 48 of the same act, a Cyber Appellate Tribunal has also been set up to hear appeals arising out of decisions of Adjudicating Officers.The adjudicating Officers and Cyber Appellate Tribunal have the powers of a civil court for the purposes of discharging their functions under the Act.

This was stated by Shri Sachin Pilot, Minister of State for Communications and Information Technology in Lok Sabha.


SOURCE: INDLAWNEWS

Indian Copyright Act Is Due For Amendments

The ministry of human resource development is amending the Copyright Act so that artists such as playback singers, lyricists and film directors can earn royalty each time their product is used in any media. The Bill is almost ready and would be placed before the cabinet in two weeks’ time and would be tabled in Parliament in the winter session, a ministry official said, speaking on condition of anonymity.

The government has gained the Opposition’s support for the Bill. I am of the view that none should have an opinion against such a change in the Copyright Act which would benefit the artists, said Arun Jaitley, leader of the Opposition in Rajya Sabha. But I have also received letters from the media houses who seem to be against any such move.

SOURCE: LIVEMINT

Cyber Security For Cyber Terrorism In India

Cyber security is very important to protect businesses, governments and general public at large. The same must be a part of the national policy of a nation. Unfortunately, cyber security in India is an ignored world. There are many factors that are ailing cyber security in India.

In the Indian context, we have a very weak cyber law, negligible cyber security and cyber forensics and almost missing legal enablement of ICT systems. In fact legal enablement of ICT in India is in doldrums.

The already weak cyber law of India has further been degraded by the recent amendment through Information Technology Act, 2008. The position is even worst when it comes to wireless security in India. Wireless security has become a headache due to its misuse by terrorists in India.

A weak cyber security policy in India is also resulting in increased cyber terrorism activities in India. We have to device methods to tackle cyber terrorism in India. Cyber law of India is incorporated in the Information Technology Act 2000. The same has to be suitably amended to keep itself updated of the contemporary needs.

Another crucial aspect related to a secure and strong cyber security in India pertains to critical ICT infrastructure protection in India. Critical infrastructure is becoming increasingly dependent upon ICT these days. If we are unable to secure an ICT system we are also risking critical ICT infrastructure as well. India must address these issues as soon as possible in the largest interests of all concerned.

SOURCE: GROUND REPORT

Cyber Terrorism And Its Solutions In India

The concept of Cyber Terrorism in India was first introduced and advocated in the year 2002 by Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law.

However, the GOI woke up very late in the year 2008 when a single provision was incorporated in the Information Technology Amendment Act 2008 (IT Act 2008) on the basis of suggestions of Praveen Dalal.

Though the provision seems to be a good beginning yet there is still a long gap to cover as a single provision cannot be considered to be enough to address the menace of cyber terrorism in India.

It would be a good idea if the GOI take a serious note of the existing cyber law of India and come up with good and effective amendments.

In this wonderful article, Praveen Dalal has suggested both the problems of and solutions to growing problems of cyber terrorism in India. The same can be utilised by GOI once more to provide a robust and effective cyber terrorism law in India.

ADR And ODR In India

Alternative dispute resolution (ADR) in India is not new and it was in existence even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court. It provides that where it appears to the court that there exist elements, which may be acceptable to the parties, the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.

Some bold steps have also been undertaken in India to utilise the benefits of Information and Communication Technology (ICT) for ADR purposes. For instance, Perry4Law has been providing online dispute resolution (ODR) services in India to resolve disputes out of the court. These ODR services are unique as they also cater the needs of techno-legal segment besides the traditional litigation requirements.

India is presently greatly overburdened by the backlog of cases in the courts. If the Indian courts have to function properly, they have to actively use ADR and ODR for out of court dispute resolutions. Further, India has to take care of International commercial arbitration and commercial disputes as well. ADR and ODR seem to be a viable solution for the problem of backlog of cases in India.

SOURCE: GROUND NEWS

Cyber Terrorism In India Must Be Taken Seriously

BY
TECHTALK & GUNJAN

Cyber law of India has covered a long distance. It has covered a journey from Informationn Technology Act, 2000 (IT Act, 2000) to the Information Technology Amendment Act 2008 (IT Act 2008). Just like any other technology law, the IT Act, 2000 is also far from perfect. Also with the passage of time, new provisions must be incorporated to address the issues of cyber crimes and online transactions.

One such issue that has not received proper attention of the government of India (GOI) pertains to Cyber Terrorism in India. Cyberterrorism is defined by Kevin G. Coleman as “The premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives. Or to intimidate any person in furtherance of such objectives.

Cyber Terrorism in India was first discussed and advocated in the year 2002 by Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law. However, the GOI woke up very late in the year 2008 when a single provision was incorporated in the Information Technology Amendment Act 2008 (IT Act 2008) on the basis of suggestions of Praveen Dalal.

Though the provision seems to be a good beginning yet there is still a long gap to cover as a single provision cannot be considered to be enough to address the menace of cyber terrorism in India. It would be a good idea if the GOI take a serious note of the existing cyber law of India and come up with good and effective amendments.

India Calling For Information Technology Amendment Act 2009

BY

RAM K.KAUSHIK

Cyber law of India is contained in the Information Technology Act, 2000 (IT Act, 2000). The same has been amended by the Information Technology Amendment Act, 2008 (IT Act 2008). However, due to lack of insight and good provisions it has been criticized by many cyber law observers. In fact, Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India has also criticized it on many counts.

Realising the urgency of the situation, union minister for law and justice M Veerappa Moily has also in the past said that the government would bring in amendments to Information Technology and Extradition Act to make them more effective in tackling cyber crime.

It seems that now even the IT Industry has shown its consent and approval for the suggestions of Praveen Dalal regarding bringing suitable amendments in the IT Act 2000. Recently, a national conference on the theme of ‘Information Management, Computing and Security’ (IMCS’09) was organized. Speaking on this occasion, A.N. Shastry, Associate Vice President, Infosys said that the IT Act passed by the Indian government in the year 2000 needs to be revised.

It is surprising that despite so many protests and objections, the government of India gave a green signal to the IT Act 2008. It is high time to amend the IT Act 2000 and this time properly and effectively. There is no scope for making the IT Act 2000 a weak and impotent piece of legislation when it come to cyber crimes as has been done by the IT Act 2008.

Intellectual Property Rights Law Firms In India

Intellectual Property Rights (IPRs) play an important role in the social and economic development of a nation. On the social front they provide a better way of living through innovation and discoveries. On the economic front, they provide monetary power in the hands of those who are the owners of these IPRs.

There are many very good law firms like Perry4Law which provide international level legal IPRs services in India. These include Legal Services pertaining to Copyright, Trademarks, Patents, Geographical Indications, etc. In fact, “Dispute Resolution” through ADR and ODR methods is also becoming a fast trend.

IPRs Law Firms in India need to keep themselves abreast of the latest development at the international level. This includes knowledge about the international norms and treaties governing IPRs worldwide.

Similarly, there is a need of spreading public awareness regarding IPRs in India that is presently lacking. Law Firms in India must play an active role in this regard.

Law Firms In India

Indian has world class Law Firms providing internationally renowned Services. These services range from corporate laws to traditional litigation support. With a change in the global business structures and economic turmoil and metamorphism newer areas for law firms have emerged. Although the potential for these new fields are tremendous yet they also call for domain specific expertise.

The turning point for this change lies in the information and communication technology (ICT) that is streamlining everything in the legal field. For instance, alternative dispute resolution (ADR) mechanisms like arbitration and mediation have now become online dispute resolution (ODR) mechanism. The arbitrators and mediators have now to keep themselves versed with the ODR aspects as well. Similarly, Cyber Laws have also posed a big challenge before the traditional law firms.

These changes have opened new fields for legal professionals in the form of cyber law due diligence compliance, Cyber Forensics Services, ADR and ODR Services, etc. However, there are very few Law Firms who have truly understood this need of the time. One such Law Firm is Perry4Law.

Perry4Law is the “First and Exclusive” Techno-Legal ICT Law Firm of India and one of the few in the World. Perry4Law has been providing Techno-Legal (a) Litigation Services, (b) Consultancy Services, (c) Arbitration And Dispute Resolution Services, (d) Outsourcing Services, (e) Contract And Agreement Drafting Services, and many more “Highly Specialised” and “Domain Specific” Services in India and Worldwide.

Perry4Law is a World renowned name in the Techno-Legal Field. It has domain specific expertise in the fields like Cyber Forensics, Cyber Security, E-Governance, E-Commerce, Cyber Law, Corporate Due Diligence, Corporate Laws, Criminal Laws, Taxation Laws, International Law, Private International Law, Space Laws, Laws For Defense Forces, International Trade, Intellectual Property Rights, etc.

Briefly speaking, Perry4Law provides its Techno-Legal Services in the fields of Antitrust and Competition Laws, Banking Laws and Restructuring, Biotechnology Laws, Business Laws, Commercial Laws, Companies Incorporation, Corporate Laws, Corporate Structuring, Employment Laws, Outsourcing Laws, Indirect Taxation Including Sales Tax, Excise And Customs Laws and Regulations, Information Technology Laws, Infrastructure Projects Laws, Intellectual Property Rights Laws, International Joint Ventures, International Trade Law, Mergers & Acquisitions, Real Estate & Property Laws, Registration of Patents, Registration of Trade Marks, Registration of Copyrights, Registration and Defending various Intellectual Property Rights, Tax Planning And Management, Telecommunications Laws, etc.

Perry4Law provides well known Arbitration and Dispute Resolution Services as well. It has expertise in areas covering Arbitration Laws and Online Dispute Resolutions, International Commercial Arbitration, ICC, AAA, WTO & WIPO Arbitration, Domain Name Dispute Resolution, etc.

Perry4Law provides Techno-Legal and Domain Specific LPO and KPO as well. We also provide services for Contract and Agreement Drafting covering areas like Merger and Acquisitions, Licensing and Distribution Agreements, Outsourcing Agreements, Partnership Agreements, etc.

Interesting persons, clients, institutions, organisations, etc may seek its Professional Services by visiting its “Contact Point” and fulfilling the terms and conditions mentioned therein.

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Best Cyber Law Firm In India

Cyber Law of India is becoming important day by day and so are the compliance requirements arising out of it. Cyber law of India imposes many obligations upon Indian citizens and corporation. A failure to observe “Due Diligence” on the part of Indians Citizens, ISPs, NSPs, Cyber Café Owners, Companies, etc may bring civil and criminal actions against them. These liabilities are not only apparent but also worth immediate attention of the stakeholders.

Cyber law must not be treated as mere technical or mere legal aspect. It is “Techno-Legal” in nature. All the stakeholders must keep this fact in mind while seeking the cyber law opinions and legal services.

Perry4Law has been providing Techno-Legal Cyber Law Consultancy in India, Cyber Law Litigation Support in India, Cyber Law Training in India, etc for long. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India is one of the Partners who are providing Cyber Law Consultancy Services in India. None can doubt that the Partners at Perry4Law are acknowledged as the “Best Cyber Law Consultants In India” and Worldwide. These Techno-Legal Cyber Law Consultancy Services are best in India and one of the best in the World.

Those looking for the best techno-legal cyber law consultants in India and the best techno-legal cyber law consultancy in India must visit the “Contact Point” of Perry4Law and act as per the specified instructions.

TAGS: CYBER LAW CONSULTANTS IN INDIA, CYBER LAW CONSULTANCY IN INDIA, TECHNO-LEGAL CYBER LAW LEGAL SERVICES IN INDIA, CYBER LAW LEGAL FIRMS IN INDIA, BEST CYBER LAW FIRM IN INDIA, CYBER LAW IN INDIA, PRAVEEN DALAL, PERRY4LAW.

Techno-Legal Cyber Law Consultancy In India

Cyber law of India imposes many obligations upon Indian citizens and corporation.

A failure to observe “Due Diligence” on the part of Indians citizens, ISPs, NSPs, Cyber Café Owners, Companies, etc may bring civil and criminal actions against them.

Perry4Law has been providing Techno-Legal Cyber Law Consultancy in India, Cyber Law Litigation Support in India, Cyber Law Training in India, etc for long.

Visit the “Contact Point” of Perry4Law to get the Techno-Legal Professional assistance.

Best Online Dispute Resolution Service Provider In India

Doing business using e-commerce and e-governance is not always hassle and dispute free. We need alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanism to resolve these disputes easily, economically and in a timely manner.

Perry4Law has been streamlining the ADR and ODR field in India for many years. It Services in this regard are techno-legal in nature and can accommodate highly specialised and domain specific fields.

Perry4Law is in the process of further rejuvenating its ADR and ODR initiatives. All Companies, Individuals, Organisations, etc may visit the “Contact Point” of Perry4Law for its Techno-legal ADR and ODR services and can avoid decades long time consuming litigation method.

Arbitrators, Mediators and Conciliators who are interested in becoming an ADR or ODR Provider/Panelist for Perry4Law must also send an e-mail to express their interest. Panel selection would be governed by the rules and regulations provided separately by Perry4Law to the Panelists.

Due Diligence Under Indian Cyber Law

Not finding a telecom firm of much help in an ongoing investigation, cyber cell of Chandigarh police booked it under various sections of Information Technology Act, 2000 on Saturday. This shows the importance of “Due Diligence” under the Indian cyber law.

Professional firms like Perry4Law can be really helpful in conducting a techno-legal due diligence audit. Perry4Law is the exclusive and most prominent techno-legal firm of India and one of the few in the world.

For getting the professional techno-legal services, visit the “Contact Point” of Perry4law and meet the stipulated conditions.

FUNDING INDIAN TECHNO-LEGAL REGIME

India needs a good and sound techno-legal regime that is presently missing. To fill the gap we need to gather the popular public support. A collective expertise is needed on the lines suggested by Mr. Praveen Dalal, Managing Partner of Perry4Law and India’s best techno-legal expert.

We understand the strength of collective expertise and wisdom. The same may be obtained in the form of financial support, knowledge support, technological support, manpower support, etc.

We are extending our share of efforts through dedicating whatever potential advertisement revenue derived from our platforms to the initiatives, projects, efforts, etc of Perry4Law and its allied institutions.

Join us in this noble cause and safeguard your interests and rights in the cyberspace. Contact pd37 [at] rediffmail [dot] com or perry4law [at] yahoo [dot] com with the subject line “Donation” or “Advertisement” or “Sponsorship” or “Project Funding”, etc for relevant issue.

Any other suggestion and effort in this regard would be highly appreciated.

Sponsors and Research Projects, whether governmental or otherwise are also welcomed.