Tuesday, August 31, 2010

Alternative Dispute Resolution In Indian Stock Exchanges

Securities and Exchange Board of India (SEBI) has recently suggested use of alternative dispute resolution (ADR) mechanisms like arbitration for resolving security related disputes. These disputes include claims, complaints, differences arising between a client and a member (stock broker, trading member and clearing member) across various market segments, etc.

To streamline the arbitration procedure, SEBI has issued some good arbitration guidelines for stock exchanges. This primarily aims at streamlining the disputes arising out of security related matters and matters incidental thereto.

According to these guidelines, the stock exchanges with nationwide terminals have been mandated to provide arbitration facility (arbitration as well as appellate arbitration) at all four regional centres (Delhi, Mumbai, Kolkata and Chennai). SEBI also stipulated that the arbitration and appellate arbitration were required to be conducted at the regional centre nearest to the client.

However, to meet these objectives, there must be a good arbitration infrastructure in India. Presently, both the arbitration law as well as arbitration infrastructure in India is in poor state of affairs.

Another area where India has miserably failed pertains to online dispute resolution (ODR). A special emphasis must also be given to construction industry arbitration in India as well as defence related arbitration issues. India urgently needs ADR and ODR related reforms.

Even security related disputes can be effectively solved by using the techno legal ODR services of world renowned firms like Perry4Law. India stands nowhere when it comes to technology driven arbitration. The concept of ODR does not exist in India. There is just a single techno legal ADR and ODR institution in India.

Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of judicial reforms. Till the month of September 2010 India is still waiting for the establishment of first e-court of India.

SEBI seems to be proactive and it would be a good idea if it considers using ODR for resolving security related disputes of aggrieved parties. Expert services of Perry4Law and Perry4Law Techno Legal Base (PTLB) can be taken for establishing a good techno legal ODR model by SEBI.

Monday, August 30, 2010

What Ails Arbitration In India

Infrastructure is core to the arbitration, mediation and conciliation services. Countries like Singapore have invested great in terms of alternative dispute resolution (ADR) infrastructure.

India on the other hand is following an obsolete arbitration law in the form of arbitration and conciliation act 1996. Further, India has also not done much in the fields like international commercial arbitration and institutional arbitration.

Another area where India has miserably failed pertains to online dispute resolution (ODR). A special emphasis must also be given to construction industry arbitration in India as well as defence related arbitration issues. India urgently needs ADR and ODR related reforms.

On the positive side, the law ministry of India is planning to upgrade the ADR law of India. Similarly, the Securities and Exchange Board of India (SEBI) has also suggested use of ADR for resolving security related disputes.

Law minister Veerappa Moily has to take active steps in this direction as till now his declarations have been more like noises without actual implementation.

India Must Deal With Digital Issues Sensibly

The blackberry dilemma has shown that India does not understand and apply technology properly. Instead of properly understanding the technology, the Indian government is making absurd decisions of banning the same.

This show that the ill informed politicians and bureaucrats of India can be easily misguided about technology as there is no one to understand the same. In such a situation the only option these politicians and bureaucrats exercise is to ban the technology and justifying the thumb rule that if we do not understand the technology, we ban it.

Naturally, the privacy rights in India and other civil liberties are at great peril. In fact, they are already dead as there is no law or safeguards subject to which the unreasonable, illegal and unconstitutional e-surveillance powers in India are exercised. This also means that if rights are outlawed, only outlaws would have rights in India.

According to Praveen Dalal, Managing partner of Perrry4Law and leading techno legal expert of India, India has tackled the digital issues with great immaturity and lack of knowledge. The dictates to Blackberry, Skype, Gmail, etc are nothing but sheer lack of understanding about technology. Encryption and cyber security cannot be controlled and compromised in the manner Indian government is trying to do, says Dalal. It would be a good idea if the Indian government stops this immaturity as soon as possible, suggests Dalal.

In fact, as a result of unlimited and unregulated e-surveillance powers, Internet censorship powers and website blocking powers in the hands of Indian government, the things have already been very complicated. This is the main reason why initiatives like human rights protection in cyberspace (HRPIC) were launched by Praveen Dalal.

Indian government must clear its head regarding digital issues and get itself acquainted with information technology. Merely blocking Blackberry’s services or Gmail would not kill the strong encryption technology already in the hands of users, informs Dalal. It would only change the mode of encryption from Blackberry/Gmail to some other software or platform, claims Dalal.

Ultimately, how much civil liberties Indians would have depend upon how much they are willing to fight for the same.

Saturday, August 28, 2010

Homeland Security And Civil Liberties In India

Homeland security has assumed tremendous importance all over the world. Homeland security in India is also assuming importance and India is considering improving the same. However, homeland security is a highly specialised and collaborative model.

India has not yet actively considered homeland security. Even projects like CCTNS, Natgrid, modernisation of police force, e-surveillance and lawful interception, etc are poorly formulated and badly implemented.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal institution of India that is providing research, training, legislation making and policy making expertise in India.

It has been providing techno legal research, training, education and policy making in the fields like homeland security, cyber law, cyber security, cyber forensics, cyber war, cyber espionage, corporate espionage, cyber terrorism, CCTNS, Natgrid, NCTC, etc.

A special effort must be made by Indian government for reconciliation of civil liberties with the national security interests of India. Indian government must keep in mind the pressing requirements of civil liberties protection in cyberspace.

PTLB is managing a techno legal centre for protection of human rights in cyberspace (HRPIC). The main objective of this centre is to provide techno legal research, training and policy making so that homeland security and civil liberties interests can be reconciled.

Friday, August 27, 2010

Homeland Security In India

Homeland security is an important aspect of India’s internal security. India is increasingly facing issues like cyber crimes, cyber terrorism, cyber security breaches, cyber warfare, cyber espionage, etc. This is the main reason why we are considering establishment of cyber warfare capabilities in India.

Further, lawful e-surveillance capabilities are also assuming importance these days in India due to growing concerns of civil liberties in cyberspace. If the e-surveillance conducted by the Indian government and its agencies is beyond what is approved by the laws of India and Indian Constitution, the same may be challenged before a court of law.

Similarly, private individuals are also engaging in e-surveillance with over the shelf hardware and software. This has seriously breached the privacy rights of Indian citizens.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal institution of India. It has been providing techno legal research, training, education and policy making in the fields like cyber law, cyber security, cyber forensics, cyber war, cyber espionage, corporate espionage, cyber terrorism, CCTNS, Natgrid, NCTC, etc.

It is also providing best practices in homeland security, techno legal solutions against cyber terrorism, best practices for securing networks from cyber attacks, best practices for cyber security, best practices for cyber forensics, etc. It has also suggested for the formulation of a centralised ICT control system of law enforcement and intelligence agencies in India.

India must keep in mind that homeland security is techno legal in nature rather than purely technical or purely legal. The present schemes and projects of India are not appreciating this vital requirement and India must remove this irregularity as soon as possible.

Tuesday, August 24, 2010

Resource Centre For Cyber Forensics In India By PTLB

Cyber forensics is a highly specialised field that requires sound practical training. India is at the infancy stage of acquiring good cyber forensics capabilities. Cyber forensics is both technical and legal field and absence of either would not serve the purpose.

In India Perry4Law Techno Legal Base (PTLB) is managing the exclusive techno legal cyber forensics research, training and educational centre of India. PTLB is providing cyber forensics training courses in India. It is also providing cyber law and other techno legal allied courses and trainings including cyber security trainings. All these trainings and educational courses are provided through an online platform of PTLB.

In order to provide more effective and practical trainings to its trainees, PTLB has introduced a cyber forensics repository. The repository is a collection of the best cyber forensics software and tools.

It would be made available to cyber law, cyber security and cyber forensics trainees at the final stage of their trainings. These trainees would then be provided practical cyber forensics application training by PTLB.

The repository is also the exclusive techno legal cyber forensics repository that would serve the purposes of law enforcement, prosecution and defence lawyers, judges, governmental departments, etc.

If you wish to seek a good techno legal career in cyber law, cyber security, cyber forensics, etc fields, consider enrolling at PTLB as soon as possible.

Monday, August 23, 2010

Alternative Dispute Resolution In India Needs Reforms

Alternative dispute resolution (ADR) is an effective method of dispute resolution these days. Foreign investors and multi national companies prefer ADR over traditional litigation in India as the same is very cumbersome and time consuming.

Equally important are e-commerce disputes and commercial dispute resolution. These disputes have high stakes and the same cannot be effectively taken care of by the archaic and collapsed legal and judicial system of India. There are many factors that have led to the inadequate international commercial arbitration in India.

Recently, the SEBI introduced arbitration guidelines for stock exchanges and security related disputes. This is a welcome step as security related disputes are on rise in India. Dispute resolution of construction industry is also one of the upcoming fields in ADR.

However, Indian arbitration and conciliation act 1996 is not at all conducive for commercial arbitration and international commercial arbitration. The same needs to be reformulated keeping in mind the contemporary international norms and standards.

India stands nowhere when it comes to technology driven arbitration. The concept of online dispute resolution (ODR) does not exist in India. There is just a single techno legal ADR and ODR institution in India.

Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of judicial reforms. Till the month of August 2010 India is still waiting for the establishment of first e-court of India.

Law Minister Veerappa Moily must consider active use of technology for arbitration and judicial purposes and must include the same in the NLPI.

Cyber Law Of India Is Cyber Criminals Friendly

Cyber law of India is incorporated in the information technology act 2000 (IT Act 2000). It was amended through information technology amendment act 2008 (IT Act 2008) and from here started the real problem.

The retrograde amendment in the cyber law of India was the first step in the direction of inducing complete cyber anarchy in India. A good account of this cyber anarchy has been provided by Praveen Dalal, managing partner of Perry4Law and the leading techno legal expert of India.

The amended cyber law also made almost all the cyber crimes and cyber contraventions “bailable” thus making India a safe heaven for cyber criminals all over the world. Cyber crimes in India are increasing at an alarming rate due to this careless attitude of Indian government.

The cyber law of India carries many loopholes and has many lacunas. Cyber stalking is one such lacuna that must be addressed as soon as possible. Children and juveniles are especially vulnerable to cyber stalking and many times this stalking process result in committing of suicide by them.

A good initiative for protection of children in cyberspace has been launched by the HRPIC initiative spearheaded by Praveen Dalal. Similarly, to make the Indian cyber space more secure and robust, cyber security and cyber forensics initiatives have also been undertaken by Perry4Law Techno Legal Base (PTLB) and Perry4Law.

The ultimate call is for the Parliament of India to take that is escaping from its responsibilities towards Indians cyberspace either due to purpose and design or out of sheer lack of information technology related knowledge.

Sunday, August 22, 2010

Human Rights In Cyberspace Are Outlawed In India Says Praveen Dalal

In this guest column, Praveen Dalal, Managing Partner of Perry4Law and the creator of HRPIC initiative, is analysing the position of e-surveillance and its affect upon civil liberties of Indians, He maintains that in India Human Rights in Cyberspace are clearly outlawed and only outlaws would have these Human Rights.

Philip R. "Phil" Zimmermann Jr. (born February 12, 1954) is one of the greatest civil liberty protectors in the cyberspace. Zimmermann is the creator of Pretty Good Privacy (PGP), the most widely used email encryption software in the world. He is also known for his work in VoIP encryption protocols, notably ZRTP and Zfone.

In his rationale for creating PGP he tells that using PGP is good for preserving democracy. He believes that if privacy is outlawed, only outlaws will have privacy. This is so true not only in the context of America but also India.

India is passing through the worst era of police state and e-surveillance society. Even worst is the reliance upon American models that have failed in America itself. But Home Minister P.Chidambaram is not discouraged by these failures and he would stop only on the failure of these models in India.

Even the Department of Information Technology (DIT) and Department of Telecommunications (DOT) have joined this blind and ignorant race and are trying to ban telecommunication services like Blackberry and Skype and Internet services like Gmail.

These departments are troubled by the strong and secure encryption technology and other similar technologies that prevent unlawful and illegal e-surveillance by the government and its agencies. Criminals and terrorists are already using these, and much better options, and these ignorant actions would only trouble and violate the civil liberties of law abiding citizens alone.

All the limits in this regard were crossed when the Information Technology Amendment Act 2008 (IT Act 2008) was made an enforceable law in India. The IT Act 2008 provides unregulated, unconstitutional and illegal e-surveillance, Internet censorship and website blocking powers in the hands of Indian government and its agencies. There is no mechanism at all that can prevent the abuses of these powers and there is no accountability as well.

A time has come in India when Human Rights in Cyberspace are clearly outlawed and only outlaws (as per the norms and standards of Indian government) would have these Human Rights. This is the main reason why I dedicated a resource titled Human Rights Protection in Cyberspace (HRPIC) to those law abiding citizens who cherish and wish to protect their civil liberties in cyberspace.

With further illegal and unconstitutional projects like CCTNS, NATGRID, UID Project/Aadhar Project, etc things are only going to be worst in India. The only option remains is to use self defence against the persons, institutions and agencies that are engaging in illegal and unconstitutional e-surveillance and civil liberty violations.

Thursday, August 19, 2010

Cyber Forensics Training Institutions In India

Cyber forensics has become an essential part of modern day’s computer society. The computers are now used virtually for everyday activities and business transactions. However, with the increasing cyber crimes and cyberspace criminal activities, the need for good cyber forensics capabilities is essential. There is an urgent need to have good cyber forensics training in India.

In India there are very few cyber forensics training institutions. Cyber forensics is not just about technology but also about the legal framework. These training institutions fail to understand this crucial requirement.

Perry4Law Techno Legal Base (PTLB) is the only institution of the India and world that provides techno legal cyber forensics research, training and education. It has the unique advantage over other institutions in the sense that it provides a combination of both legal and technical aspects while providing its research, educational and training activities.

Besides it also provides training and education in the fields like cyber law, cyber security, online dispute resolution, e-courts, etc.

The best part is that any person residing in any part of the world can enroll for its courses and trainings. This is because these training and educational courses are provided through its “online platform”.

If you are interested in having a good techno legal cyber forensics training, go ahead and enroll for the courses of PTLB.

Construction Industry Arbitration In India

The scope for alternative dispute resolution (ADR) and online dispute resolution (ODR) is increasing these days. Disputes pertaining to a wide range of commercial activities and e-commerce activities can be effectively resolved by using ADR and ODR mechanisms.

According to Praveen Dalal, managing partner of Perry4Law and CEO of the exclusive techno legal ADR and ODR centre of India, “Arbitration has a good scope in India as we have qualitative arbitrators and mediators in India. Now even ODR has also been on the agenda of various arbitration institutions of India. Some of them have even asked us to help them in establishing the ODR infrastructure for them, informs Dalal.

Of the emerging areas of arbitration in India, Dalal informs that construction industry arbitration and defence industry investment related arbitrations may soon appear in India.

While organisations like United Nations Commission on International Trade Law (UNCITRAL), Internet Corporation for Assigned Names and Numbers (ICANN), International Chamber of Commerce (ICC), World Intellectual Property Organisation (WIPO), etc are moving in the direction of amending their ADR rules, norms and procedures, India is slow in this regard and is still following the outdated law.

Law Minister Veerappa Moily has already initiated the procedure to streamline the Arbitration and Conciliation Act 1996 of India. Let us hope that this initiative would not take decades just like our legal and judicial system takes to resolve the disputes.

Friday, August 13, 2010

SEBI Is Encouraging Arbitration In India

Alternative dispute resolution (ADR) system of India is not up to the mark and there is an emergent need to rejuvenate the same. Further, the arbitration law of India incorporated in the arbitration and conciliation act 1996 also needs many suitable reformative actions.

One such innovative concept that can solve many dispute resolution problems in India is the use of information technology. For instance e-courts and online dispute resolution (ODR) mechanisms can be used to settle disputes amicable, efficiently and in a timely manner.

While the legal and judicial systems of India are not contributing much in this direction, a good initiative has been taken by the Securities and Exchange Board of India (SEBI). In order to streamline the disputes arising out of security related matters and matters incidental thereto, SEBI has issued some good arbitration guidelines for stock exchanges.

These include maintain a panel of arbitrators for settling disputes, the arbitration reference will have to be concluded by way of issue of an arbitration award within four months from the date of arbitrator appointment, if the aggrieved party is unhappy with the arbitration award, he can appeal against it to the appellate panel of arbitrators of the stock exchange, etc.

Let us hope the Law Minister Veerappa Moily and Supreme Court of India would also come up with good legal and judicial measures to promote and encourage ADR and ODR in India.

Thursday, August 12, 2010

Best Techno Legal Firm Of The World

These days technology has involved almost all segments of life. This equally applies to legal sector as well. However, legal sector at large is not yet prepared for the technology aspect. That is why there are very few law firms that provide legal services in technology fields. This is more so in India where technology related aspects still haunts law firms, lawyers, judges and police officers. This has also force law firms in India and abroad to tie up with technical firms to fill the vacuum.

Whereas other law firms are collaborating with technical firms as they do not possess technical knowledge, Perry4Law is one of the best cyber law, cyber security and cyber forensics firms of the world. Perry4Law is also the exclusive techno legal firm of the world in true sense. It highly specialised techno legal segment known as Perry4Law Techno Legal Base (PTLB) is world renowned.

It has a distinct advantage over other law firms since it possesses highly specialised techno legal expertise on its own rather than depending upon some other technical firm. Obviously, a firm that understand and deals with both technical as well as legal aspects of international standards would perform better than its rivals.

Some of the areas that Perry4Law deals are cyber law, cyber security, cyber forensics, cyber espionage, corporate espionage, cyber warfare, cyber terrorism, digital evidencing, e-discovery, alternative dispute resolution (ADR), online dispute resolution (ODR), etc.

In future other law firms of India and abroad may also follow the path shown by Perry4Law and PTLB. Meanwhile, there is an urgent need of good techno legal training of police officers, lawyers, judges, etc.

Techno Legal Policy Think Tank Of India

Information and communication technology (ICT) has been an essential part of almost all the segments of our lives. And when the ICT meets the legal framework, a novel and highly specialised field emerges. This is known as techno legal field.

All over the world there are very few individual experts and institutions that are providing techno legal expert services. One of the best techno legal policy think tanks is managed by Perry4Law Techno Legal Base (PTLB).

This Platform of PTLB provides Techno-Legal Trainings, Educational Courses and Policy Making for Lawyers, Judges, ADR Professionals, ODR Professionals, CEOs, Law Firms, Government Departments, International Organisations, Foreign Governments, etc.

It also intends to assist in National and International Policy Making, Strategy Formulations, International Law Harmonisation, Legal Framework Making, etc. International Organisations and Foreign Governments can avail the Techno Legal Expertise of this platform of PTLB.

In fact, till the writing of this piece this platform also seems to be the “exclusive” techno legal think tank in the world. Some of the areas it is covering include cyber law, cyber security, cyber forensics, cyber warfare, cyber terrorism, cyber espionage, CCTNS, NATGRID, critical ICT infrastructure protection, digital evidencing, e-commerce, e-governance, e-courts, human rights protection in cyberspace, ADR and ODR, etc.

Thursday, August 5, 2010

International Commercial Arbitration In India

International commercial arbitration (ICA) in India has not taken the shape it deserves to be. As a result other countries have established themselves as the hub for ICA whereas India is still trying to reform it arbitration law.

The Arbitration and Conciliation Act 1996 governs the arbitration and mediation regime in India. It has become outdated and requires good amendments to attract ICA in India. At the same time the traditional litigation methods of dispute resolution are not very helpful for high staked commercial disputes. There is an urgent need to bring suitable legal and judicial reforms in India.

One factor that has resulted in inadequate ICA in India is India’s reluctance to use information and communication technology (ICT) for dispute resolution. This has resulted in a limited growth of Online Dispute Resolution (ODR) in India. ICA can be greatly benefited by the use of ODR in India.

Till now only private professionals are having necessary infrastructure and expertise regarding ODR services in India. For instance, techno-legal firm Perry4Law is the only institution that is providing techno-legal ODR services in India through its online dispute resolution centre of India. We need more initiatives on the lines suggested by Perry4Law.

According to Praveen Dalal, Managing Partner of Perry4Law the Law Ministry of India is in the process of revamping its alternative dispute resolution laws and it would be a good idea to make it a comprehensive and technology driven legislation.

We need some really innovative ideas that can bring necessary legal and judicial reforms in India. Perry4Law Techno Legal Base (PTLB) has suggested some innovative technological methods to resolve this problem. The chief among them are use of ODR mechanism and e-courts in India.

The Law Minister Mr. Veerappa Moily must adopt these innovative ideas and must make them a part of the national litigation policy of India (NLPI).

Wednesday, August 4, 2010

Preventive And Offensive Cyberspace Capabilities Of India

India is in the process of establishing cyber war capabilities. This is a good step in the right direction as of late India has been under constant attack through cyberspace.

However, as usual India has taken almost five years to implement the suggestions of Praveen Dalal in this regard. He had suggested use of preventive and offensive defence for cyberspace violations and provided the exclusive techno legal framework for India more than five years ago.

According to Praveen Dalal, Managing Partner of Perry4Law and CEO of the cyber security research, training and educational institution of India (CSRTCI), India has been very slow in adopting both defensive as well as offensive cyber security measures. Whether it is critical ICT infrastructure protection or cyber security of defence forces of India, neither are in order till now, says Dalal. At last India has shown some sensitivity to the preventive and offensive capabilities in cyberspace that has been suggested by us more than five years ago, informs Dalal.

The outline though has been formulated yet it is an altogether different game to execute it. The proposed initiative would require many complex concepts like human rights protection in cyberspace (HRPIC), technical framework, legal framework, etc. The real challenge would be to formulate a techno legal framework that is presently missing in India.

Cyber War Capabilities Of India

At last India has decided to take some action on the front of protecting crucial and strategic computer systems and computer resources. India is in the process of formulating a blueprint for undertaking counter cyber warfare on unfriendly countries.

Attacks on the strategic and military computers have been on rise in India. Various reports have suggested that many military and crucial government departments have been systematically and continuously targeted by cyber criminals.

The National Security Council (NSC) is considering a proposal that would enable the Indian agencies to enhance capabilities to exploit weaknesses in the information systems of other countries and also collect online intelligence of key military activities.

The project would be given effect to by National Technical Research Organisation (NTRO), the Defence Intelligence Agency (DIA) and the Defence Research and Development Organisation (DRDO).

It is also planned that laboratories would be set up in research institutions to simulate cyber attacks with the help of ethical hackers. These laboratories would also training intelligence agencies for offensive and defensive cyber warfare techniques.

Even cyber forensics capabilities would also be developed to analyse attacked computers. Imported software and hardware would also be analysed for backdoors and malware. A separate Computer Emergency Response Team (CERT) for various crucial sectors would also be established.

This proposal is a good step in the right direction provided it is not just another promise with no will and expertise to execute it.

Tuesday, August 3, 2010

Techno Legal Skill Development In India

Indian has tremendous workforce but the same required a good practical training as well as skill development exercises. Various studies and research in India have suggested that out of the educated masses only 15 to 25% are fit for being absorbed at job places. This ratio equally applies to legal professionals in India perhaps with a much lower percentage.

The present legal educational system of India is in dire need of reforms. In the name of legal education reform the Bar Council of India (BCI) and Law Minister Veerappa Moily have imposed bar examination upon law graduates that has neither a scientific rationale nor a fair and reasonable handling on the part of both.

Legal education in India has to be at par with international norms and standards. Presently legal education of India is lagging far behind than the required benchmark. This is because India is concentrating too much upon academic studies and almost nothing upon practical training and skill development of lawyers and judges.

India needs urgent educational and legal reforms that must be undertaken as soon as possible. One such area that requires urgent attention is the amalgamation of legal education with information and communication technology (ICT). Presently, there are very few organisations that are using ICT for legal education in India.

Both BCI and Moily have failed to appreciate that legal education has now become techno legal where a legal professional must be aware of both technical as well as legal fields. However, there is a dearth of techno legal institutions that provide legal lifelong learning. One such institution that provides techno legal lifelong learning (TLLL) is managed by Perry4Law Techno Legal Base (PTLB).

At the same time there is also a dire need to have institutions that can provide good continuing legal education in India (CLE in India). PTLB covers both traditional legal fields as well as contemporary techno legal fields.

In short, India is running short of institutions that can impart good techno-legal skill development education, training and coaching. The BCI and Law Minister Moily must address these issues as soon as possible.

Encryption Standards, Norms And Laws In India

Telecom security related decisions of India are primarily guided by hysteria and paranoid thoughts rather than genuine security concerns. Telecom security in India must be preceded by proper telecom policies and adequate cyber security initiatives in India. In India we have neither a telecom security policy nor cyber security capabilities.

Firstly, the ban on Chinese telecom equipment has shown the weaknesses of Indian laws and telecom security strategy. It showed that India lacks both a legal framework and regulatory body to manage security issue of telecom industry in India.

Realising the gravity of the situation the government of India announced for the formulation of Telecom Security Regulatory Authority of India (TSRAI) that would advice it on telecom security related issues. However, it is another issue that TSRAI remained a distant dream and mere loud words alone. It proved just a fa├žade to gain time and slip through the banning controversy of Chinese telecom equipments.

Now the government of India is once again locking horns with Research in Motion (RIM) that is managing Blackberry services in India and worldwide. It is forcing RIM and Blackberry to reduce the security and privacy features of its services. RIM and Blackberry have taken a middle path and while refusing to dilute the security and privacy features has shown its willingness to help Indian government and its agencies in matters of national security.

Presently, the cyber law of India i.e. information technology act 2000 (IT Act 2000), as amended by the information technology amendment act 2008 (IT Act 2008) governs the encryption related legal provision. Section 84 A of IT Act 2000 provides that the Central govt may, for secure use of electronic medium and for promotion of e-governance and e-commerce prescribe the modes or methods of encryption.

Further, Section 69 of IT Act 2000 empowers the, Central Government/State Government/ its authorised agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence.

The security agencies of India are in favour of a weaker encryption standard whereas the present telecom requirements dictate otherwise. Since the Central Government has not taken any initiative in this regard, the Department of Telecommunications (DOT), India has suggested an absurd level of 40 bit encryption for ISPs and a written permission from DOT is required with mandatory deposit of decryption key with DOT. Surprisingly, Indian regulatory bodies like SEBI and RBI have mandated encryption standard greater than 40-bit.

It is high time for India to formulate proper law in this regard while establishing the proposed TSRAI. At the same time RIM/Blackberry should not dilute the security and privacy features of its services otherwise there is nothing distinct that remains in Blackberry that separates it from other ordinary services.

Best Arbitration Institutions In India

Alternative dispute resolution (ADR) in India has been in use since many decades. The present law that governs ADR in India is the Arbitration and Conciliation Act, 1996. The Act provides for ADR remedies through arbitration and mediation. However, the Act suffers from many legal, procedural and structural defects and is in the process of being amended.

There are many good arbitration institutions in India that provide world class arbitration services. However, they are not following the contemporary international practices and norms. For example, there are hardly one or two arbitration institutions that are providing online dispute resolution (ODR) services in India.

In fact there is just a single techno legal ODR centre in India that is providing techno legal ODR services in India and worldwide. Further, there is a single online platform that provides techno legal research, training and education regarding ODR in India.

The national litigation policy of India (NLPI) declared by Law Minister Veerappa Moily is proactive and promising. It has advocated active use of ADR mechanisms like arbitration in India. However, even NLPI failed to consider the contemporary issues like ODR and e-courts.

India has a single ODR institution and single e-courts research, training and consultancy centre. This explains why e-court project of India failed and why till the month of August 2010 we are still waiting for the establishment for first e-court in India.

The problem lies with lack of political and judicial will in India as well as lack of expertise to use information technology for legal and judicial reforms in India. It would be a good idea if concepts like ODR and e-courts are essentially made part of NLPI and the proposed amended arbitration law of India.

Online Cyber Law Education In India

Cyber law is a challenging field that requires expertise to handle. This is more so when the law and technology fields are merging together and presenting complex challenges before the police, lawyers, judges and corporate professionals.

Cyber law is also a good career provided the aspirant is committed to do good amount of hard labour and undergo practical training. Although there are numerous cyber law diploma providing courses in India yet they are theoretical and academic in nature. They are devoid of the practical utility that is in fact required in the field and court rooms.

For very serious candidates, the option seems to be limited. One such great option is the courses provided by Perry4Law Techno Legal Base (PTLB). A wide range of exclusive online techno legal training courses are provided by PTLB for cyber law, cyber security, cyber forensics, e-courts, ADR and DOR, etc.

For getting the complete details of the courses and career options, you can visit the online platform of PTLB.

Monday, August 2, 2010

Cyber Law Training Of Police Force In India

Cyber law is a technical subject that requires good amount of training. The police force that has an important duty of maintaining law and order and to curb cyber crimes must be well aware of the fine details of cyber law. In order to achieve this objective the police force must be suitably training in the cyber law field.

Cyber law training is essentially techno legal in nature. Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal training institution of the world that is providing techno legal training to police officer in India and world wide. Police officer from any part of the world can enroll for its highly specialised techno legal online cyber law training courses.

An interactive platform has been launched by PTLB to streamlining techno legal trainings in various fields like cyber law, cyber security, cyber forensics, etc. These training programs are available to not only police officers but also to lawyers, judges, corporate professionals, law students, etc. It also carries details regarding cyber security training courses in India, cyber forensics training courses in India, e-courts training in India, ADR and ODR trainings in India, etc.

If you wish to have more details regarding these courses or other techno legal initiatives of PTLB, you may visit its comprehensive portal for further details.

Sunday, August 1, 2010

Commercial Division of High Courts Bill, 2009

Law Minister Veerappa Moily is planning to put before the Parliament of India the Commercial Division of High Courts Bill, 2009 for its approval. This is a crucial piece of legislation as it intends to provide a quick and effective commercial disputes resolution mechanism. The Bill aims at establishing special courts for speedy hearing of commercial disputes of Rs five crores and above.

Commercial disputes require immediate and appropriate dispute resolution to retain faith of business and commercial community in the dispute resolution machinery. India has not been a preferred destination for commercial disputes resolution due to inadequate commercial dispute resolution machinery.

India needs to strengthen its alternative dispute resolution (ADR) mechanism as well as online dispute resolution (ODR) mechanism to inculcate confidence among the business community. Similarly, the Arbitration and Conciliation Act, 1996 must also be suitable amended to incorporate necessary provisions regarding ODR and e-courts.

The present arbitration law of India is not adequate for ad hoc as well as institutionalised arbitration. It is also not effective for international commercial arbitration as well. Moily is planning to bring suitable amendments in the arbitration law of India. With this we can hope that India may get its deserving share of ad hoc and institutionalised arbitration and commercial dispute resolution services.