Monday, May 31, 2010

Stringent Strategy Against Naxalism Must Be Formulated By CCS

Internal security of India is passing through a bad phase. Whether it is cyber insecurity or violence by Naxalists, India need to take an immediate and stringent action as soon as possible.

The Cabinet Committee on Security (CCS) has a very important role to play for safeguarding national security of India. It has to keep in mind many factor while reaching at any decision. For instance, the national intelligence grid (Natgrid) project of India was put to hold temporarily due to absence of safeguards to protect civil liberties of Indians. Natgrid is still at hold as privacy protection safeguards have not yet been established by the project coordinators.

Similar projects like Aadhar/UID projects must also comply with privacy issues and data protection safeguards. The UIDAI is still an illegal and unconstitutional authority as there is no law backing its existence.

Meanwhile the CCS is likely to review the strategy for dealing with Naxals very soon. The meeting is very crucial as Naxals have really crossed their limits and it is high time to deal with them with an iron hand.

The CCS can form committees and sub committees for various issues of national importance where experts from different fields can provide their suggestions, opines Praveen Dalal. The internal security of India is presently under great stress due to terrorist activities and extremists acts. The home ministry of India must get a good support from not only other ministries but also from the CCS itself, recommends Dalal.

The menace of Naxalism cannot be effectively tackled unless the CCS and Home Ministry of India come up with good and effective strategy. Let us hope that the CCS would come up with effective strategies so that the Home Ministry is empowered to fight Naxalism and other issues.

Monday, May 24, 2010

India Has A Weak Cyber Security Says Expert

By
Techtalk
Cyber security is as important as other security concerns of India. However, India never considered cyber security a topic worth considering. The most secret documents that could not have been obtained even by making a right to information application were found in the hands of hackers who penetrated crucial computer systems of India. Instead of making sufficient cyber security policies and taking adequate safeguards, India adopted a unique method of banning Chinese telecom products on security grounds.

The priorities and understanding of Indian government regarding cyber security are now very clear. India is seeing cyber security issue with a myopic vision. With a weak cyber law, inadequate cyber security capabilities and absence of political will, India is heading towards a cyber security nightmare. The digital issues are beyond the capabilities of Indian government to handle. The need of the hour is to enact suitable cyber security policies of India, says Praveen Dalal.

Time has come for India to seriously think about cyber security and rise above political interests and industrial lobbying.

India Is Not Prepared For Cyber Security

By
V K Singh

With a weak cyber law, inadequate cyber security capabilities and absence of political will, India is heading towards a cyber security nightmare. The digital issues are beyond the capabilities of Indian government to handle. The need of the hour is to enact suitable cyber security policies of India, says Praveen Dalal.

Cyber security is an area that is in news worldwide. As more and more dependability upon computers and Internet is happening, the risks associated with their use are also apparent. The most obvious risks pertain to cyber crimes, cyber security, cyber warfare, cyber espionage, cyber terrorism, malware, viruses and worms, etc.

There are many possible solutions to the risks arising in cyberspace. One of them is to use proper and robust cyber security. However, in order to use cyber security one must understand what cyber security is all about?

According to Praveen Dalal, leading techno legal expert of India and founder of cyber security research centre of India (CSRCI), “Cyber Security in India has not received much attention of Indian government. There is not even a Cyber Security Policy of India. The fact is that India is vulnerable to cyber crimes, cyber terrorism, cyber espionage, cyber war and many such similar cyber threats”. At CSRCI we take care of the techno-legal aspects of these threats and provide polices and solutions for the same, informs Dalal.

Equally vulnerable are the wireless networks of India that have been continuously exploited by cyber criminals and terrorists. Even after these incidences, most of the wireless networks in India are still insecure and vulnerable, says Dalal.

One wonders why Indian government is not paying any attention to this crucial field even if the problem has reached at its zenith. After all cyber security is more policy and management than software and hardware and that is the responsibility of Indian Parliament to fulfill.

SOURCES: MYNEWS

Sunday, May 23, 2010

Cyber Law Courses For Judges and Lawyers In India

Perry4Law Techno Legal Base (PTLB) has launched the first ever techno-legal cyber law training, coaching and internship courses in India. Backed by the world renowned institution PTLB it intends to bridge the growing gaps of academic and professional education. The courses are designed to provide “practical training” rather than mere academic instructions.

The first batch of our Cyber Law Programs would tentatively start in the month of June/July 2010.

The outline of the course would be posted at our Online Cyber Law Education Blog.

The e-learning modules and online learning materials would also be posted at our online platform very soon.

You may visit the PTLB site for more information.

SOURCES: MYNEWS

Friday, May 21, 2010

Laws For Aadhar And Natgrid Projects Of India Are Urgently Needed, Says Praveen Dalal

Projects like Aadhar, Natgrid, etc are active instrumentalities for violation of civil liberties of Indians. In order to prevent future misuse of these projects, there is an emergent need to formulate good and effective legislations in this regard. Like leading techno-legal expert of India Praveen Dalal has suggested India urgently needs laws for privacy protection and data protection.

No time in the history of India the threats of Civil Liberties violations and e-surveillance were as great as are in the present times. The instrumentality that has become the core of this civil liberty fiasco is Aadhar project of India or UID project of India. This is because the UID project intends to gather information that is very sensitive and secret in nature. Combined with other publicly announced projects like national intelligence grid (Natgrid) as well as secret projects of India it can peak into the personal lives of Indians anytime and anywhere. That is why there is an emergent need of good and robust privacy law in India as well as data protection law in India.

It seems the history is repeating itself in India. India is launching projects after projects without proper legal framework. The projects like Aadhar, Natgrid, etc are not only unconstitutional but also undesirable in the absence of just, reasonable and fair law prescribing procedural safeguards.

The Unique Identification Authority of India (UIDAI) has recently got an approval from the Cabinet Committee on UIDAI headed by the Prime Minister of India Dr. Manmohan Singh. It can now gather demographic and biometric data of Indian residents for UID project. However, the process does not stop here. UID project would not only be combined with projects like Natgrid but also with projects like National Population Register (NPR) operational under the ongoing census of India.

Think about a scenario where every minute and single details of an individual are combined with his biometric details and put at a single place at the disposal of as many authorities as desired by the government of India. Some of them would be authorities that would neither seek the permission nor report to the Central Government while performing its surveillance and e-surveillance activities.

It would be prudent if the government of India formulates both privacy laws and data protection law before proceeding further with projects like aadhar, Natgrid, CCTNS, etc.

SOURCE: MYNEWS

Thursday, May 20, 2010

Best Techno-Legal LPO and KPO Firm In India

By
Kunal Koel


You may be well aware about legal process outsourcing in India (LPO in India) and knowledge process outsourcing in India (KPO in India). However, have you heard about techno-legal LPO and KPO in India. Leading techno-legal LPO and KPO service provider in India Perry4Law has taken LPO and KPO to the next level of outsourcing revolution. Perry4Law is the best Techno-Legal LPO and KPO Service Provider of the World. It has domain specific and highly specialised techno-legal LPO and KPO expertise that others are struggling even to understand. For those who are interested in techno-legal field may also seek its techno-legal trainings and internships through its online platform.

Law graduates or legal professionals have many choices these days. They may go for traditional litigation or join a law firm or join a company as a legal officer and so on. Recently the Bar Council of India (BCI) has announced that it would allow only those candidates to practice before courts and tribunals in India who have cleared the bar exams. This has far reaching consequences for legal professionals but what is clear is that there may be an increase in the number of law graduates joining the LPO and KPO segment of law profession.

Legal process outsourcings (LPO) or knowledge process outsourcings (KPO) are the two areas that have tremendous potential for members of legal fraternity. Whether it is fresh law graduates or LPO/KPO firms, the scope is increasing. This is more so when Indian law firms are placing stiff resistance to the entry of foreign law firms in any form.

These facts are well known to everybody. However, what is not very apparent is the possible areas that the LPO/KPO providers in India may explore. One such possible area is “Techno-Legal LPO and KPO” in India. Till now only global leaders like Perry4Law alone is providing techno-legal LPO/KPO services in India. This may be so because techno-legal LPO and KPO requires domain specific and highly specialised knowledge about both technology and law that very few can possess.

For instance, if an assignment pertaining to cyber forensics or cyber security is forwarded to India, there are very few firms like Perry4Law that can manage the same. The existing LPO and KPO firms and organisation must upgrade their work structure and manpower to meet this future requirement.

Another point that must be kept in mind by the LPO and KPO providers in India is that they may also face stiff competition from other Asian countries. In order to remain the World leader and first place for LPO and KPO business, Indian LPO and KPO providers must also enhance their research skills.

KPO is a very different game and the same must not be considered as mere extension of LPO. KPO requires domain specific and highly specialised services that cannot be managed in the absence of adequate talent and expertise. Realising this fact, Perry4Law Techno Legal Base (PTLB) Segment of Perry4Law has started techno-legal training for law graduates, lawyers, etc. Similarly, Perry4Law Techno-Legal ICT Training Centre (PTLITC) would provide higher level techno-legal training to all stakeholders.

LPO and KPO services in India are going to stay but how long and up to what extent depends upon the LPO/KPO service providers of India. Further, with the use of information and communication technology, newer frontiers of LPO and KPO may be seen in future. LPO and KPO providers of India must be well prepared to not only meet the future challenges but also to encash future opportunities.

Wednesday, May 19, 2010

Cabinet Committee On Security Of India Must Be Upbeat Says Praveen Dalal

By
Kunal Koel

Finance Minister Pranab Mukherjee has recently stated that government of India is willing to empower a concerned ministry with additional powers if the situation demands so. He has also observed that whenever the government has empowered enforcement agencies with sweeping powers, there have been cases of misuse. So when the government gives them the authority that they require, it has to simultaneously ensure that there will be adequate safeguards to prevent any misuse.

This is one of the most sensible and mature statements by an Indian minister, says Praveen Dalal the leading techno-legal expert of India. However, the call is not meant for a finance minister but for the Cabinet Committee on Security (CCS) of India to take. The role of CCS is presently not very proactive. Although it has done a good job by demanding procedural safeguards for the national intelligence grid (Natgrid) project yet it must vigorously concentrate upon internal and external security of India as well, suggests Dalal

The CCS can form committees and sub committees for various issues of national importance where experts from different fields can provided their suggestions, opined Dalal.

The internal security of India is presently under great stress due to terrorist activities and extremists acts. The home ministry of India must get a good support from not only other ministries but also from the CCS itself, recommends Dalal.

Methods To Prevent Illegal Information Sharing By ISPs And Service Providers

By
Pritesh N Munjal

In an interesting article it has been reported that Chris Soghoian, an Indiana University PhD candidate and security and privacy researcher has advised companies to say no to government requests for data as it is good for business. He has also pointed that saying yes can be really bad for business. It is bad on many counts ranging from bad reputation to defending law suits. Further, such actions are also agitated by the civil liberty activists.

Most of the information requests by governmental authorities are either not supported by law or they are illegal. Very few of them are genuine and law abiding. Illegal information and data requests violate the civil liberties of the end users who have utmost faith in service providers. In fact the growing concerns of human rights in cyberspace have forced the service providers to change their attitude towards privacy rights and information sharing.

Recently Google released the raw estimates of governmental requests regarding disclosure of information stored by it. No surprise India occupies third position for “removal request” and fourth spot for “data requests”. With the growing commitment towards e-surveillance in India, India may get the top position very soon.

However, not everything can be left at the level of service providers. The end users must take precautionary as well as private defense measures. One way is to simply not store the data as in the absence of any information nothing is there to be searched and acquired.

For instance, the world renowned website Indymedia is believed to be keeping no records of its users and logs. This way they can successfully protect the civil liberties of its users on the one hand and frustrate illegal and unreasonable search and seizure warrants on the other.

Another method is that companies that store data for users can encrypt it, providing the key only to the user so that the company is unable to provide that data to law enforcement.

Finally, whistleblowers can use Wikileaks Model to spread words against corruption and other illegalities in governmental departments. They can also use the right to information act 2005 of India and make RTI application to ascertain the truth. The list is just illustrative and you can use your imagination to expand and use it for public good.

The Rationale Of Legal Framework for Aadhar

No time in the history of India the threats of Civil Liberties violations and e-surveillance were as great as are in the present times. The instrumentality that has become the core of this civil liberty fiasco is Aadhar project of India or UID project of India. This is because the UID project intends to gather information that is very sensitive and secret in nature. Combined with other publicly announced projects like national intelligence grid (Natgrid) as well as secret projects of India it can peak into the personal lives of Indians anytime and anywhere. That is why there is an emergent need of good and robust privacy law in India as well as data protection law in India.

It seems the history is repeating itself in India. India is launching projects after projects without proper legal framework. The projects like Aadhar, Natgrid, etc are not only unconstitutional but also undesirable in the absence of just, reasonable and fair law prescribing procedural safeguards.

The Unique Identification Authority of India (UIDAI) has recently got an approval from the Cabinet Committee on UIDAI headed by the Prime Minister of India Dr. Manmohan Singh. It can now gather demographic and biometric data of Indian residents for UID project. However, the process does not stop here. UID project would not only be combined with projects like Natgrid but also with projects like National Population Register (NPR) operational under the ongoing census of India.

Think about a scenario where every minute and single details of an individual are combined with his biometric details and put at a single place at the disposal of as many authorities as desired by the government of India. Some of them would be authorities that would neither seek the permission nor report to the Central Government while performing its surveillance and e-surveillance activities.

It would be prudent if the government of India formulates both privacy laws and data protection law before proceeding further with projects like aadhar, Natgrid, CCTNS, etc.

Whistleblower Protection Law Is Required In India

Corruption and whistleblower protection are conflicting claims. A corrupt society would neither tolerate honest whistleblowers nor would it endeavour to protect them through legal and non-legal means.

India currently does not have a law to protect whistleblowers. It is only after the murder of whistleblower Satyendra Dubey, the Government of India issued an order directing the Central Vigilance Commission to protect whistleblowers. India also does not have a law for witness protections.

Whistleblower and witness protection is a duty of India that it has miserably failed to fulfill. However, India alone is not the only nation to do so. There are other nations as well who have failed to do the needful. What would citizens do if their nations do not care about their honesty, integrity and fight against corruption? Perhaps they must use technology to fight corruption. Sound promising but does it holds good? Definitely yes.

Take the example of Julian Assange, the founder of the whistleblower website Wikileaks. He is maintaining a great site where fight against corruption and lack of transparency is fought over by anonymous soldiers. It has stored tons of secret governmental documents that have leaked from their offices and places. These documents show the truth about governmental intentions and their acts or missions. Obviously, the governments and their agencies are not happy with the same as they prefer to maintain secrecy at all cost.

However, the chances of harassment of such whistleblowers are very great. Recently, the passport of Julian Assange was confiscated by immigration officials when he arrived at Melbourne Airport last week. Though the passport was subsequently handed back he also received a letter from the Australian Communication Minister Steven Conroy’s office stating that the recent disclosure on Wikileaks of a blacklist of websites the Australian government is preparing to ban had been referred to the Australian Federal Police (AFP).

So if you are prepared to face the wrath of governments go ahead and launch a platform similar to Wikileaks. Alternatively support Wikileaks by making a donation that you can afford. But do not sleep over the matter and do something for the protection of whistleblowers in India.

Sunday, May 16, 2010

Authority For Telecom Security In India

By
Praveen Dalal

In this guest column, Mr. Praveen Dalal is sharing his views regarding the recent controversy of banning Chinese telecom products and establishment of a telecom security regulatory authority of India.

Telecom infrastructure forms the backbone of information and communication technology (ICT) base of any nation. Telecom is also an essential part of critical infrastructure of a nation that requires security norms of the highest level. This has necessitated formation of effective telecommunication laws in India on the one hand and establishment of effective telecom security on the other.

India presently does not have a telecom security regulatory authority that can perform these cyber security and telecom security tasks nor does it have any specific law that ensures telecom security in India.

In this background it came as a pleasant surprise when the Indian government declared to set up a regulator to provide security certification at different stages for equipment brought to India by both the public and private sectors.

There cannot be a doubt about the proposition that both hardware and software based backdoors and malware can be preinstalled. However, what is frustrating is targeting China exclusively for this purpose. Let me ask the government of India a simple question: Has you found any malware, vulnerability or backdoor in the Chinese telecom or other equipments? If the answer is in positive then Indian government must give Chinese manufactures an opportunity to explain the same and if found guilty can proceed to blacklist them partially or permanently.

Similarly, Indian government must clear its head regarding crucial issues like encryption standards, network sniffing, e-mails sniffing, mobile phones interceptions, cell phone data usages, etc. It is high time for India to enact a comprehensive legislation in this regard.

Saturday, May 15, 2010

Where Are E-Courts Of India?

I have been reading a lot about the use of information and communication technology (ICT) for quick dispensation of justice. Though ICT can be used in numerous ways to increase efficiency of courts all over world, yet I am confining myself to a single, perhaps the most crucial, aspect of the same. The same pertains to establishment of electronic courts in India (e-courts in India).

Although the concept was initially discussed in India in the year 2003 yet till now we are not clear what exactly an e-court is. Whether for ignorance or deliberate design both the government of India and judiciary in India are portraying a totally wrong picture about establishment of e-courts in India. For instance, initially the Gujarat State claimed that they established the first e-court of India and subsequently New Delhi declared that it has established the first ever e-court of India.

The bigger question is who is telling the truth and who is ignorant? I think the real answer lies in the misunderstanding among the stakeholders. The real problem is that India is deliberately not willing to understand the difference between a computerised court and an e-court. While India has done a good job at the front of establishment of computerised courts yet when it comes to e-courts it failed absolutely to establish even a single one.

India must understand that e-courts are much more that mere connectivity and computerisation of traditional courts. The moment e-filing, presentation, contest and adjudication of the cases in an online environment would start; India would surely be capable of establishing e-courts.

It would be a good idea to engage world renowned experts of the field for establishment of e-courts in India. Till now India has been extending the term of e-court committee year after year with virtually no results.

If this is the vision of Law Minister Mr. Veerappa Moily for legal and judicial reforms in India, I am sorry to say that not only it is faulty but also devoid of any merits. It would not bring any results except wastage of public money.

Thursday, May 13, 2010

Best Cyber Law Training In India

Cyber crimes in India are increasing and so is the demand for trained cyber law professionals.

Cyber law is catching up with the legal and technical professionals as a career. Cyber law is a techno-legal aspect rather than being legal or technical. A person who has working knowledge of both legal and technical aspects alone can be a good cyber law professional. Further, mere academic knowledge is of no use in the present competitive environment and practical training and coaching is of paramount importance.

Perry4Law Techno-Legal Base (PTLB) is one of the premier techno-legal institutions of the world and the best in India. It provides a good combination of techno-legal education, coaching and training to the enrolled professionals. It has launched training and coaching courses like Bar Examinations, Cyber Law Training, etc.

If you need a good career in cyber law and allied fields you may try these courses.

SOURCE: ITVOIR

Legal System Of India Needs Reforms

By
Praveen Dalal


This is a “Guest Column” by Mr. Praveen Dalal, Managing Partner of Perry4Law. In this opinion he has expressed his views regarding bringing qualitative changes in the legal education system of India.

Legal education is the base for a versatile and robust “Bar and Bench” in India. Unfortunately, the quality of law graduates is, by and large, not up to the mark. Those who dare to go for traditional litigation system are faced with tremendous difficulties. This is more so regarding first generation lawyers who have no god father to support them.

There is no doubt about the fact that face value plays an important role in Indian courts. Of course, we have many good judges who encourage young and fresh lawyers to argue and present their cases. This is a great inspiration as well as encouragement for young lawyers.

However, in this period of confusion and doldrums, the Law Minister of India and Bar Council of India (BCI) must take some urgent and immediate steps to rejuvenate Indian legal system. The call is for both HRD Minister Mr. Kapil Sibbal as well as for law Minister Mr. Veerappa Molly. While the former must inculcate qualitative legal education at the graduation level the latter must make it sure that Indian Legal and judicial Systems have a good pool of talented lawyers and judges.

Easy said than done. At the same time we also need proper management and collaborations to take legal and judicial standards of India to highest level. Time has come when all the concerned stakeholders must unite their expertise to improve the legal system of India.

Human Rights In India At Stake

Civil liberties in India in general and privacy rights in particular are at stake. The government of India is doing its level best to invade human rights of Indians. It is formulating projects after projects without any regard to civil liberties of Indians. Whether it is Aadhar project of India or Natgrid Project of India the civil liberties of Indians are openly and blatantly violated.

Aadhar project of India is devoid of any legal framework that may back the spending of crores of money. There is no sense in continuing the project till there is a constitutionally sound law backing its operations. Till now the UIDAI is operating without any authority and there is no justifications for the amount spend under the project.

Similarly, Natgrid project was originally stalled due to protests from experts and lack of privacy safeguards. The Home ministry of India is trying to revive the same with great disregard to privacy rights and civil liberties. According to media reports, even the Cabinet Committee on Security (CCS) of India has unofficially cleared the project. After the protests from civil liberty experts the government of India has once again declared that it would clear the Natgrid project only after independent audit regarding proper safeguards for privacy rights of stakeholders.

It seems the government of India is not serious at all about privacy rights in India and it merely gives press statement the moment it faces a protest. Only time will tell how sincere it is regarding protecting privacy rights and civil liberties of Indians?

SOURCE: CIO

Cabinet Committee on Security Is Taking Natgrid Casually

Natgrid Project Of India does not safeguard civil liberties violations in India.

It has been reported that the Cabinet Committee on Security (CCS) has cleared the setting up of the highly controversial National Intelligence Grid (Natgrid) project, which will allow investigating, enforcement and intelligence agencies to access real-time information easily. What is surprising is that the issues that makes Natgrid project violative of civil liberties of Indians have not yet been resolved. Even the CCS has not yet gone through the detailed project report prepared by Home Ministry that claims that privacy violations issues have been resolved.

Interestingly, the detailed report has to be finalised and then only it will be shown to home minister P. Chidambaram before being sent back to CCS. If this is the procedure then there is no question of getting a clearance from CCS at this stage unless both Home Ministry and CCS considers the “safeguards exercise” a formality and redundant exercise.

SOURCE: CIO

Tuesday, May 11, 2010

Indian Government Is Implementing Projects Without Laws

India prefers projects ignoring the human rights of Indians especially privacy rights in India.

India is looking forward for some very crucial and significant projects and history seems to be repeating. For instance, aadhar project of India, Natgrid project of India, etc are once again in limelight. The former intends to provide a unique identification number to every citizen whereas the latter empowers the law enforcement and intelligence agencies of India with informational inputs.

Needless to mention that database collected by a single authority like census authority of India or aadhar project can be used by Indian government for as many projects as it likes. Here comes the importance of a good data protection and privacy law of India. In the absence of procedural safeguards the data and information can be misused. The government of India is ignoring and avoiding this much needed exercise.

SOURCE: CIO

What Made Aadhar Project Of India Unconstitutional?

The Aadhar Project of India has once again tested the lack of data protection and privacy rights in India. Data protection and privacy laws must be enacted by India as soon as possible. India does not have any specific and dedicated data protection and privacy laws in India. On the contrary India is strongly committed to e-surveillance and other forms of privacy violation activities.

Human rights have to be actively protected in Indian cyberspace. Presently India is not paying any attention towards protecting civil liberties of Indians in cyberspace.

For instance, take the example of national intelligence grid (NATGRID) that was literally imposed upon Indian citizens. Thanks to the stiff resistance by experts, it has been temporarily stalled.

Similarly, the government of India is also imposing the aadhar project of India upon Indian citizens without any legislative backing and civil liberty safeguards. If aadhar project or UID project is allowed without civil liberty protection, it would be a civil liberty nightmare for Indians. The UIDAI must not proceed further and utilise hard earned public money till a statutory framework is in place.

The ultimate call is for the Parliament of India to take that is shying away from its responsibilities. On the contrary, it is making laws like information technology amendment act 2008 (sole cyber law of India) that empowers the Indian government to snoop and violate privacy of Indians without proper safeguards.

Aadhar is violating the civil liberties of Indians. For detail kindly see:

(a) Aadhar Watch Initiative Of India

(b)
Aadhar Project is Unconstitutional

(c)
Hit and trial projects in India


(e) Strange things happen in India

(f)
Human Rights Protection In India

(g)
Natgrid And Privacy Violations

(h)
Individuals Who Saved Aadhar Project Of India , etc.

These articles carry all the information that proves that aadhar project is violating the civil liberties of Indians.

SOURCE: MYNEWS

Law For UIDAI In Pipeline

At last the unique identification authority of India (UIDAI) managing the UID project of India decided to do the right thing. It has decided to propose a law that would regulate its functioning and incorporate provisions for the safeguard of privacy rights of the citizens whose database it is going to manage.

The step came after objections were raised by civil liberty activists in India. The first and most vibrant protest came from the Aadhar Watch Initiative of India. Opposing the Aadhar project of India in its present form the aadhar watch initiative specified the ground on which UIDAI in general and UID project/Aadhar project in particular are illegal and unconstitutional.

This is a welcome step and would strengthen Aadhar project of India in the long run. However, the task is not easy as India does not have any dedicated and exclusive data protection and privacy law. UIDAI would be performing a difficult task especially since it has a time of almost 20 days alone. Let us hope that UIDAI would be able to achieve what it has promised because in the absence of the same, no action of UIDAI can be held to be legal and constitutional.

SOURCE: CIO

Monday, May 10, 2010

India Needs Laws To Curb Illegal Surveillance

Colonial laws regarding surveillance are violating civil liberties of Indians, says Praveen Dalal.

India is presently engaging in both legal and illegal e-surveillance activities. Both governmental as well as non-governmental persons and institutions are engaging in electronic communications sniffing. Internet as well as spectrums is vulnerable to illegal eavesdropping and the colonial laws like Indian Telegraph Act are absolutely redundant to remedy the situation.

In the absence of legislative protection, the citizens are well within their right to protect their privacy and property through private defense. The fact is that no time in the history of India the citizens of India are more vulnerable for breaches of their civil liberties. The governmental projects like Aadhar/UID, Natgrid, CCTNS, etc are though of great public interest yet they are also the landmine for civil liberty interests of Indians.

Parliament of India must enact suitable laws in this regard. Till now the Parliament is not willing to regulate the matters pertaining to surveillance and e-surveillance and this is resulting in an increased unrest among civil liberty enthusiastics in India,says Praveen Dalal.

To make the matter worst, the Indian government amended the cyber law of India through information technology amendment act 2008 that provides unlimited, unregulated and unconstitutional e-surveillance powers in the hands of governmental machinery and its agencies. This anarchy has resulted in a situation where now the agencies are not even bothered to ask for permission for surveillance and government cannot do anything except denying such incidences.

It is time for the government of India to wake up and protect the civil liberties of Indians.

SOURCE: CIO

Saturday, May 8, 2010

Data Protection Law In India Is Urgently Needed

Data protection and privacy rights are becoming important day by day in India. India does not have any specific and dedicated data protection and privacy laws in India. On the contrary India is strongly committed to e-surveillance and other forms of privacy violation activities.

Human rights have to be actively protected in Indian cyberspace. Presently India is not paying any attention towards protecting civil liberties of Indians in cyberspace.

For instance, take the example of national intelligence grid (NATGRID) that was literally imposed upon Indian citizens. Thanks to the stiff resistance by experts, it has been temporarily stalled.

Similarly, the government of India is also imposing the aadhar project of India upon Indian citizens without any legislative backing and civil liberty safeguards. If aadhar project or UID project is allowed without civil liberty protection, it would be a civil liberty nightmare for Indians. The UIDAI must not proceed further and utilise hard earned public money till a statutory framework is in place.

The ultimate call is for the Parliament of India to take that is shying away from its responsibilities. On the contrary, it is making laws like information technology amendment act 2008 (sole cyber law of India) that empowers the Indian government to snoop and violate privacy of Indians without proper safeguards.

SOURCE: CIO

Friday, May 7, 2010

Is Bar Council Serious About Bar Examination?

A genuine question that comes to my mind is whether Bar Council of India (BCI) is serious about bar examinations in India? To be successful the BCI must take some immediate steps as soon as possible. Either it should not have declared the requirement of bar exams at all or it should have made public at least the basic outline of the proposed exam. By making mere declaration of bar exams, it has done more damage than help.

Till 8th of March 2010 the BCI has not come out with any concrete proposal or outline for the August/September 2010 bar exams. It would be good for all concerned bar exams entrants to have a clear cut guideline regarding bar exams. In the absence of the same, lots of dissatisfaction and unrest is gripping the final year law students.

Thursday, May 6, 2010

Some Facts About CRAT

There is an urgent need of spreading awareness about cyber law of India. Indian information technology act 2000 (IT Act 2000) carries the cyber law of India. Although it has many wide ramifications yet public at large is not aware about even the most basic ones.

For instance, not much of public is aware about CRAT. It is an important part of cyber disputes adjudication but by and large is still not very active. Cyber law expert Praveen Dalal believes that CRAT needs to take more initiatives to spread public awareness and to start with it must have its own website.

CRAT is presently engaged in spreading awareness among adjudicating officers of various states and this is a good sign, says Dalal.

SOURCE: CIO

Awareness Of Cyber Law In India

Cyber law of India is incorporated in the information technology act, 2000 (IT Act 2000) of India. Although the IT Act 2000 was enacted in the year 2000 yet it has to catch the speed to be effective in India. Lawyers, judges, police officers, etc need to update themselves with the nitty-gritty of cyber law.

According to Praveen Dalal, the leading cyber law expert of India, one area that requires special attention is the cyber law awareness in India. Presently, there is absence of cyber law awareness in India. For instance, very few people and organisations are aware that we have CRAT to adjudicate upon disputes arising out of IT Act, 2000. We have launched a platform for cyber law awareness as well as spreading words about CRAT, informs Dalal.

CRAT needs to take pro active steps to spread awareness about cyber law as well as adjudicating mechanisms arising out of the same.

SOURCE: CIO

Techno-Legal Cyber Security Centre Of India

Cyber security in India must be a part of national policy making, says Praveen Dalal founder of cyber security centre of India.

Cyber security is an area that requires immediate attention by Indian government. Till now there is a dearth of cyber security professionals in India. The position is even worst when it comes to techno-legal cyber security expertise.

The result is very obvious. The Parliament of India is unable to incorporate the cyber security requirements in the Indian laws in the absence of techno-legal expertise. Thanks to the first and exclusive techno-legal cyber security centre of India now the Parliament of India can enact suitable techno-legal cyber security related provisions. Founded by Praveen Dalal, the leading techno-legal expert of India, it is the most comprehensive as well as holistic cyber security imitative of India.

The cyber security centre is covering areas like cyber war, cyber terrorism, cyber espionage, critical ICT infrastructure protection (CIIP), cyber forensics, etc. Till now this sort of initiative is not only unique in India but also carried out by very few individuals or organisations.

SOURCE: CIO

Wednesday, May 5, 2010

Bar Examinations In India: BCI Must Take Immediate Steps

By
Ram K Kaushik

Till now the law students must be aware about the proposed bar examinations in India. After going through both sides of arguments (law students v bar council), it seems both have their respective share of merits. The final year law students are somewhat apprehensive about the bar examinations. They have their own share of problems ranging from final year exams, placement opportunities, internships, etc. On the other hand the Bar Council of India (BCI) is facing a Herculean task of legal reforms in India.

Qualitative legal education is one of the pre requisites of effective legal reforms in India. Having a qualitative legal education is totally different from appearing in bar examinations as the orientation for both of them is completely different. But there is no escape from the reality that whether the final year students like it or not but ultimately they have to go through bar examination. It is better to start preparing both mentally as well as educationally.

Accepted. But from where to start preparation as preparation cannot be in vacuum. The BCI has not come up with any sort of information regarding the same. Although some good suggestions for a successful implementation of bar examinations can be found, yet we need the same from BCI itself.

As far as my opinion goes, final year students must start preparing for the same as risking bar enrollment means risking the entire legal career.

SOURCE: MYNEWS

Way To Make Bar Examinations Successful In India

By

From August/September 2010 all fresh law graduates or those who have already graduated but not yet enrolled would be compulsorily required to pass a bar examination to be conducted by Bar Council of India (BCI). Perry4Law Techno-Legal Base (PTLB) and its Bar Examination Segment welcome this initiative of BCI as it would go a long way in bringing Judicial and Legal Reforms in India.

Having said that one cannot deny the difficulties and challenges that the BCI and others associated with the bar examination would face. On top of it are the fears and apprehensions of final year law graduates regarding the same. They have fears that their education at respective law school may not automatically empower them to clear the bar exams and they need some more time to exclusively prepare for the bar exam.

Here starts the real problem. If the bar examination is a sub standard one and is mere formality, it would fail to bring required legal reforms in India. On the other hand, if the exam is a real and effective one, the students must hone up their existing legal knowledge and acumen as the pattern of their study and exams at law colleges/schools may be different from that of bar exams.

I must confess that the burden is upon the BCI to tackle this arduous task effectively as well as graciously. On the one hand it has a greater responsibility towards the nation at large whereas on the other hand it must act as a guide and mentor for fresh law graduates. While the first task has been effectively taken up by the BCI the latter one, in my personal opinion, has been totally neglected by the BCI. Till now the BCI has not come up with a concrete plan regarding the bar exams. For instance, there is no information regarding the course contents, syllabus, dates of exam, authorities that would conduct the exams, suggested resources for preparation, institutions with whom it has tie ups, etc.

While PTLB and Bar Examination Segment of Perry4Law have taken a small but significant step in this direction yet the initiative must come from BCI itself. We have started an “Online Platform” where the registered students may have some guidance and insight regarding the course mentioned therein. This is a “Prototype” that may be adopted by BCI or the BCI may (if it thinks fit) rope us for their bar exams initiative.

Whatever the choice the BCI exercises, it has to keep in mind at least two things. Firstly, it has to arrange all the matters pertaining to bar exams precisely and efficiently. Secondly, it has to do this as soon as possible as the dissatisfaction and unrest among the final year students is increasing.

Perry4Law, PTLB and its other Segments wish all the best to the BCI and we have full faith in not only the intentions but also the potential of BCI to conduct bar exams effectively, efficiently and successfully.

PRIMARY SOURCE: BAR EXAMINATIONS IN INDIA

SECONDARY SOURCE: MYNEWS

Tuesday, May 4, 2010

SC Holds Narcoanalysis, Brainmapping Tests Unconstitutional

In a major blow to investigating agencies, the Supreme Court on Wednesday declared as "illegal" use of narcoanalysis, brainmapping and polygraph tests on suspects. Narco, polygraph or brainmapping tests cannot be conducted on any person, whether an accused or a suspect, without their consent, the SC’s judgement said. "We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily, and by doing so it amounts to unwarranted intrusion of personal liberty," a bench headed by Chief Justice K G Balakrishnan said. The apex court said that involuntarily subjecting an accused, a suspect or a witness to such techniques violates Article 20 (3) of the Constitution, which prohibits self-incrimination. Forcing an individual to such methods of investigation violates the scheme of legal process, it said, adding that even if such tests are taken voluntarily then also results cannot be used as evidence unless corroborated by other evidence. However, the bench also comprising Justices R V Raveendran and Dalveer Bhandari said if anything obtained by the investigators from such techniques in which a person had volunteered, the agencies can use them for further probe. The court further observed that in conducting the polygraphy test, the investigating agencies have to follow strictly the guidelines laid down by the National Human Rights Commission (NHRC). The apex court had on January 25, 2008 reserved its order on a batch of petitions challenging investigation techniques like brain mapping, lie detection and narcoanalysis as being illegal and unconstitutional, especially in cases where accused are opposed to them. The judgement assumes significance as the investigating agencies have been using narcoanalysis, brain-mapping and polygraph tests in a number of high-profile cases involving fake stamp paper kingpin Abdul Karim Telgi, Nithari killings accused, Arushi murder case suspects as well as parents of the teenager.

SOURCE: TOI

Public Outrage Reformed The Aadhar Project

By
Ram K Kaushik

One of the aspects that irritate me a lot is the attitude of Indian government towards the civil liberties of Indian citizens. Why is it always that the government of India always wakes up when public spirited citizens vehemently oppose its repressive and unconstitutional acts or omissions?

Two of such recent projects that were based upon this mentality of Indian government are national intelligence grid (Natgrid) and aadhar project of India/UID project of India. Both of these projects were stalled after protests by public, especially by techno-legal experts like Praveen Dalal.

Firstly, it was Natgrid that was stalled after stiff protests. Now even the aadhar project is facing difficulties and it may not proceed further till a law supporting the same is enacted by Parliament of India. Fortunately, we have some heroes who have finally convinced the government of Indian to enact law regarding aadhar project of India.

However, the real question is why the government of India always needs a shock to wake up and why cannot it take help of people in advance whose suggestions and recommendations it subsequently accepts?

SOURCE: CIO

Heroes Who Saved Aadhar Project Of India

Aadhar project of India was never constitutional and legal. However, the government was confident that it would be successful in imposing the same upon Indian citizens. At this stage some public spirited individuals rose up to the occasion and forced the Indian government to reconsider its decision. Now as per the latest news, the government of India has agreed to enact a law for Aadhar project of India.

Let us see the heroes who saved Aadhar project of India from governmental arbitrariness and lawlessness.

The first and most obvious choice is the Aadhar Project Watch Initiative founded by Praveen Dalal, the leading techno-legal expert of India and a civil liberty expert of India. The suggestions and recommendations of Aadhar Project Watch Initiative of India have been finally accepted by the government of India. The government has finally agreed to enact a law to back UID Project of India or Aadhar Project of India. There was a growing dissatisfaction among the masses in India regarding the way Aadhar project has been implemented in India. Civil liberty experts like Praveen Dalal have been suggesting that aadhar project of India is illegal and unconstitutional in the absence of a legislative framework. According to Praveen Dalal, the UIDAI must not use public funds till provisions regarding the same are incorporated in the law to be formulated by Parliament of India.

It is good to see that government of India has once again accepted the suggestions that are pertinent for the successful implementation of aadhar project of India. It would be even better if techno-legal experts like Praveen Dalal are inducted into the process of law making so that both technical as well as legal aspects can be suitable incorporated into the proposed law.

Others have also raised their voices against the present form of aadhar project. For instance, V.K.Singh has given a very good account why aadhar project of India is unconstitutional. Gunjan Singh has explained that hit and trial attitude of India is the real cause of failure of these projects. Ram K Kaushik has outlined the importance of aadhar watch project of India in streamlining the efforts of UIDAI. He has also analysed the legal position when citizens of India can take recourse of private defense against the State if projects like Natgrid, Aadhar, etc are imposed upon them.

These people are the real heroes who have played a great role in strengthening the civil liberties of Indian citizens. Interestingly, aadhar is not the first project that has been opposed to by Indians. Previously, even Natgrid project was objected to and the government finally accepted the suggestions of Praveen Dalal in this regard. Let us hope that India will learn from these incidences before trying any new hit and trial project in India.

Aadhar Project Of India Would be Regulated By Law

It seems the suggestions and recommendations of Aadhar Project Watch Initiative of India have been finally accepted by the government of India. The government has finally agreed to enact a law to back UID Project of India or Aadhar Project of India. There was a growing dissatisfaction among the masses in India regarding the way Aadhar project has been implemented in India. Civil liberty experts like Praveen Dalal have been suggesting that aadhar project of India is illegal and unconstitutional in the absence of a legislative framework. It is good to see that government of India has once again accepted the suggestions that are pertinent for the successful implementation of aadhar project of India. It would be even better if techno-legal experts like Praveen Dalal are inducted into the process of law making so that both technical as well as legal aspects can be suitable incorporated into the proposed law.

Monday, May 3, 2010

Register For Bar Examination Coaching 2010


Now it is finally settled that the fresh law graduates would have to pass a bar examination before being enrolled with the Bar Council of India there is no sense in waiting for the same. Either you start preparing for the same on your own or you may take help of the leading, rather exclusive, online bar examination coaching and training centre of India.

This initiative is managed by world renowned techno-legal segment of Perry4Law known as Perry4Law techno-Legal Base (PTLB). For those who are seriously interested in getting an enrolment, this seems to be a golden opportunity.

PTLB has formally launched its “enrollment platform” where final year law students can enroll for the August/September bar Examination, 2010. Interested students may fulfill the prescribed criteria and enroll for the same.

The platform is also providing online cyber law coaching, training and internship. Interested students or professionals may also join the same.

SOURCE: MYNEWS

Enrollment Opens For Various Online Legal Courses And Trainings By PTLB

By
Ram K Kaushik

Perry4Law Techno-Legal Base (PTLB) is one of the premier techno-legal segments of Perry4Law. It is managing techno-legal litigation, consultancy, research, ADR and ODR, LPO and KPO, trainings and many more such services of Perry4Law.

PTLB has launched some unique and great online techno-legal training, coaching and internship courses. It has also launched the exclusive online bar examination coaching and training course for fresh law graduates.

The students or professionals desiring to make a great techno-legal career must enroll with PTLB as soon as possible. Further, with the compulsory bar examination for all fresh law graduates, it would be a good idea to enroll for bar examination exams as well.

Registration for various courses, trainings and internships of PTLB can be done “Here". This is the prototype of the platform that would be available to prospective students and professionals for the courses and trainings of PTLB.

Since the seats are limited and early registrants would also be given a preference for subsequent courses and training of PTLB, it would be a smart decision to enroll as soon as possible.

Further, it would take some time to accustom with the online learning environment, early enrollment would also help in the same. This way before the actual course starts the students or professionals would already be aware how to use the platform for a definite success in their techno-legal careers.

Useful tips and info would also be shared with the registered users and enrolled students and professionals that would not be available to others. Get yourself a seat before they are gone and have an edge over others in techno-legal career in India.

SOURCE: MYNEWS

Sunday, May 2, 2010

Private Defense Against Indian E-Surveillance State

By
Ram K Kaushik

Privacy rights were never considered seriously by India. Indian government instead of enacting suitable privacy legislations for India preferred exactly the opposite by making India an e-police State. India achieved this unconstitutional objective through the instrumentality of information technology amendment act 2008 that coffered upon it unfettered, unreasonable, unregulated and unconstitutional e-surveillance powers. Through this amendment the sole cyber law of India was not only made criminal friendly but also a tool of e-surveillance in India.

Realising that India would remain committed to its endemic e-surveillance status and priorities; Praveen Dalal launched a platform for human rights protection in cyberspace in India. It is the exclusive platform of its type not only in India but also world wide. It provides legal and constitutional techno-legal methods and defenses against an over zealous and endemic e-surveillance Indian State. It also provides a methodology where a law abiding citizen or organisation can exercise “private defense” against State for violation of their human rights. The fears and basis of launching this platform have proved to be correct by the recent developments of human rights violations by Indian State through phone tapping and otherwise.

India has also launched some more serious and fatal e-surveillance projects since the abovementioned initiative by Praveen Dalal was launched in 2009. For instance projects like Natgrid, Aadhar, CCTNS, etc have apparent and certain privacy violation and other human rights violations potential. To meet the growing threats from these initiatives of Indian government, Praveen Dalal has launched once again another platform named as civil liberties protection in cyberspace. This is broader in nature and capable of providing a long term and more robust protection against growing e-surveillance activities of Indian government.

If you are a law abiding citizen and you face a situation where you are a victim of illegal and unconstitutional e-surveillance by Indian authorities, try the tools and methodologies mentioned at these platforms. However, Indian authorities are well within their rights to use e-surveillance for legitimate and legal purposes and in such a situation do not even think about using private defense against them, warn Praveen Dalal.

SOURCE: CIO