Wednesday, April 27, 2011

Cyber Forensics Course In India

Cyber forensics in India is still not in much use. This is primarily because neither the legal frameworks of India have adopted cyber forensics nor the legal and judicial fraternities are well aware of the technicalities of the same. The scientific knowledge that is essential for legal and judicial fraternity is presently missing in India.

On the front of research, education and training as well, India has very few cyber forensics training centers. For instance, India has an exclusive techno legal cyber forensics research, training and education centre managed by Perry4Law.

Perry4Law Techno Legal Base (PTLB), the leading techno legal segment of Perry4Law, provided exclusive techno legal online cyber forensics course in India. This course is one of the techno legal courses that are provided by PTLB. The other courses include cyber law, cyber security, digital evidencing, e-courts, online dispute resolution (ODR), Indian legal services courses, Indian regulatory services courses, etc.

The courses are meant for police officers, lawyers, judges, corporate executives, computer professionals, law graduates, etc. From the stage of investigation to final adjudication by a court, cyber forensics must be used in proper manner. However, cyber forensics in India is not used at all in the absence of adequate training and education.

The cyber forensics courses provided by PTLB can go a long way in strengthening the investigative, legal and judicial system of India. In fact, Perry4Law and PTLB are in the process of circulating the first and exclusive techno legal cyber crime investigation manual of India for selective law enforcement agencies and intelligence agencies of India. This manual is the best cyber crime investigation manual of India so far. It would strengthen the cyber crime investigation capabilities of Indian police and other agencies.

The practices and methods of cyber crime investigation and cyber forensics incorporated in the manual would also be taught to the individuals who have enrolled for the cyber forensics course of PTLB. Further, a special emphasis is given to techno legal skill development so that professional graduates are found more suitable by big companies and industrial houses. So hurry and be a techno legal professional this year and join the cyber forensics course of PTLB.

Monday, April 25, 2011

Draft Right To Privacy Bill 2011 Of India

The right to privacy bill 2011 of India may be the first attempt to regulate privacy related issues. However, as per media reports it seems to be more like a data protection initiative rather than a privacy safeguarding law.

India has created a problem for itself by neglecting the privacy protection requirements for long. India has been launching projects without any legal framework and procedural safeguards. For instance, we have projects like central monitoring system (CMS), national intelligence grid (Natgrid), Aadhar, crime and criminal tracking network and systems (CCTNS), etc that are not governed by any legal framework and procedural safeguards. Even we do not have any lawful interception law in India that can be claimed to be constitutionally sound.

According to Praveen Dalal, managing partner of New Delhi base law firm Perry4Law and leading techno legal expert of India, India is the only country of the World where Phone Tapping and Interceptions are done without a Court Warrant and by Executive Branch of the Constitution of India. Phone Tapping in India is “Unconstitutional” and the Parliament of India has not thought it fit to enact a “Constitutionally Sound Law” for Phone Tappings and Lawful Interceptions. Even the Supreme Court’s directions in PUCL case have proved futile and presently the Court is dealing with the issue once more, informs Dalal.

What is more surprising is the fact that the law enforcement agencies and the intelligence agencies that indulge in unconstitutional e-surveillance and phone tapping are themselves governed by no law. It is no surprise that the central bureau of India (CBI) is also not governed by any law and it is operating in India without any law. It is only now that the central bureau of investigation act 2010 was drafted. Till now it is a mere draft and has not become an enforceable law. Even the constitutional validity of the national investigation agency act 2008 is doubtful. Even the draft Intelligence Services (Powers and Regulations) Bill, 2011 has been recently circulated in the Parliament of India.

If the proposed privacy bill sees the light of the day, a data protection authority of India may be constituted. This authority must be constituted through an Indian regulatory services examination so that it can perform the challenging tasks that it would be entrusted with. For the time being, let us wait for the final draft of privacy bill available for public discussion.

Sunday, April 24, 2011

Indian Regulatory Services Examination In India

Regulatory bodies like securities and exchange board of India (SEBI), competition commission of India (CCI), cyber appellate tribunal (CAT), telecom regulatory authority of India (TRAI), proposed telecom security council of India (TSCI), etc requires domain specific experts to manage the same. Till now Indian government has been deputing its officers from its own departments to these regulatory bodies thereby undermining the required expertise.

In the past, Indian government has proposed Indian legal services examinations so that qualitative legal professionals can be produced in India. Now it has been felt that Indian regulatory services are needed in India. Institutions like Perry4Law Techno Legal Base (PTLB) are already providing training, education and research in these regulatory fields and many more techno legal fields.

Perry4Law and PTLB have been providing various techno legal trainings, education, research and coaching in India and world wide. Some of the areas covered by PTLB are continuing legal education in India, online lawyers and judges training in India, Indian legal services examinations training and education, Indian regulatory services examinations and trainings, etc.

PTLB provides Domain Specific and Highly Specialised Trainings in areas like Regulatory Services, Cyber Law, Cyber Forensics, E-Courts, Digital Evidencing, E-Discovery, etc, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB. We need “Domain Specific Experts” to manage different areas of Governmental Dealings, suggests Dalal.

Recently, Indian government proposed to constitute data protection authority of India (DPAI). The DPAI would require tremendous techno legal acumen as its areas of operations would be very large and challenging. The members of all regulatory bodies must have good techno legal expertise so that their functions can be performed in best possible manner.

With the proposal to introduce e-delivery of public services in India these regulatory authorities would have enhanced roles to perform. Even the department of information technology (DIT) has proposed a framework for citizens’ engagement in NEGP. Services of institutions like PTLB can be availed of under public private partnership (PPP) model for governmental projects and initiatives. Let us see how various proposals of Indian government would be actually executed.

E-Discovery And Litigation Services LPO And KPO In India

E-discovery and litigations services in India are managed by few firms. However, when it comes to techno legal e-discovery and litigation services in India only one name comes into the mind. Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal e-discovery and litigation services providers of India.

Another unique aspect of e-discovery and litigation services of PTLB is that it is the only institution of the world that is managed by world renowned techno legal law firm Perry4Law.

PTLB is also the exclusive techno legal e-discovery related litigation, LPO and KPO services provider of India and world wide. Perry4Law and PTLB are also managing the exclusive techno legal Digital Evidencing and E-Discovery Centre of India. It is taking care of innovative digital evidence LPO and KPO and other techno legal digital evidencing and e-discovery related issues. PTLB is also the Exclusive Citizens to Government (C2G) LPO and KPO Providers in India.

Some of the areas where Perry4Law and PTLB provide their techno legal LPO and KPO services include Cyber Law, Cyber Security, Cyber Forensics, Cyber Warfare, Cyber Terrorism, Cyber Espionage, Homeland Security, Internal Security, Digital Evidencing, E-Discovery, Cyber Due Diligence, E-Courts, National E-governance Plan (NEGP), etc.

E-discovery related issues are of tremendous importance for both litigation and non litigation related matters. Business houses and even banks must have e-discovery and due diligence mechanisms at their places. Further, e-discover is also an essential prerequisite for successful litigation and dispute resolution.

Companies, banks, corporate houses, law firms, etc must have a dedicated e-discovery centre for their successful day to day functions. For those who do not wish to have such a centre may seek the expert services of institutions like PTLB.

Tuesday, April 12, 2011

Computer Security In India

Computer security is no more a luxury but an absolute necessity. In the present era, information and data is of extreme importance and value. We cannot allow strategic, sensitive, commercial and crucial data to be lost or stolen by cyber criminals.

From mere pranks, hobby and boasting, cyber crime has been transformed into a white collor and organised crime. Crime syndicates are actively engaging in identity theft, information stealing, data theft and so on. With the borderless and transborder nature of the crime, cyber crime is very difficult to pursue.

We have no computer security policy of India and we need one urgently. India has already been a victim of cyber attacks, cracking, cyber espionage, website defacements, etc and its cyberspace is highly vulnerable. India is facing a growing threat of cyber attacks and cyber crimes. In such circumstances, enacting strong cyber laws and establishing effective and robust cyber security is required.

National Security Policy of India is urgently required and Computer Security Policy of India must be an essential part of the same, says Praveen Dalal, managing partner of New Delhi based Law Firm Perry4Law and leading techno legal expert of India. Increasing Computer Security Readiness with Adaptive Threat Management is need of the hour, suggests Dalal. Further, Measurement of ICT Resilience and Robustness on regular basis is also required, suggests Dalal.

Further, another factor that is responsible for low level of computer security in India is that computer security research and development in India is lacking. We have a single and exclusive techno legal computer security research, training and education institution of India. The same is managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). It is managing issues like cyber law, computer security, cyber war, cyber espionage, cyber forensics, etc.

So on the fronts of policy formulation, legislation making and computer security awareness, India needs to take some immediate steps. The present indifferent attitude of Indian government and Parliament of India is doing no good to Indian cyberspace. I hope some concrete actions would be taken by Indian government in these directions as soon as possible.

Monday, April 4, 2011

Technology Arbitration And Mediation Centre Of India

Recently World Intellectual Property Organisation (WIPO) has revealed in a statement that cyber squatting has increased significantly. Cyber squatting is basically done through deliberately registering and using popular trade marks as domain name. Once these domain names are registered, they are offered for resale at a much higher price. The genuine trade mark holder has to either give the amount or fight the issue at courts or through arbitration or mediation.

India has no domain name protection law hence securing domain name protection in India is a very troublesome task. Further, there are very few individuals and institutions that provide domain name dispute resolution services in India.

Cyber squatting dispute resolution services in India is not very popular for the simple reason that we have neither a conducive legal framework nor suitable techno legal expertise to handle such cases. Of course, some very selective individuals and institutions provide such services in India.

Technology has also introduced a novel element to dispute resolution. Now alternative dispute resolution (ADR) services are supplemented by online dispute resolution (ODR) methods. International organisations like Internet Corporation for Assigned Names and Numbers (ICANN), United National Commission on International Trade Law (UNCITRAL), WIPO, etc are stressing upon the need of technology related dispute resolution mechanisms at regional and international level.

Technology disputes involving fields like Cyber Law, Cyber Security, Cyber Forensics, Technology Transfer, Cyber Squatting etc require Domain Specific and Highly Specialised Techno Legal Acumen, says Praveen Dalal, Managing Partner Perry4Law a New Delhi based and exclusive Techno Legal IP and ICT Law Firm of India. The future trends of International Commercial Arbitration is indicating towards Technology Related Dispute Resolution, informs Dalal.

Thus, dispute resolution of cross border technology transactions would be one of the emerging trends in international commercial arbitration in India. Further, cross border technology transactions and dispute resolution may take lots of shape and requirements. India has to do lots of hard work to capatilise these opportunities. For instance, contemporary dispute resolution methods like online dispute resolution (ODR) and e-courts are missing in India. Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of out of court dispute resolution.

In fact, we have a single and exclusive techno legal Technology Arbitration and Mediation Centre of India (TAMCI) managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). We need more such expert institutions so that India may be a hub for technology disputes resolution. Let us wait and watch the scope and future of technology related dispute resolutions in India.

Sunday, April 3, 2011

Cyber Squatting Dispute Resolution Services In India

Cyber squatting has increased significantly as per a recent statement by World Intellectual Property Organisation (WIPO). This shows the importance of domain names in today’s commercial and inter connected world.

Securing domain name protection in India is a very tedious and troublesome task as India has no domain name protection law as well as cyber squatting law. All cases of cyber squatting are dealt with under the trade mark act, 1999 of India. This is the main reason why domain name dispute resolution services in India are provided by few selective players only.

Technology has also introduced a novel element to dispute resolution. Now alternative dispute resolution (ADR) services are supplemented by online dispute resolution (ODR) methods. Technology disputes involving fields like Cyber Law, Cyber Security, Cyber Forensics, Technology Transfer, Cyber Squatting etc require Domain Specific and Highly Specialised Techno Legal Acumen, says Praveen Dalal, Managing Partner Perry4Law a New Delhi based and exclusive Techno Legal IP and ICT Law Firm of India.

However, there are very few technology related dispute resolution providers and ODR service providers in India. For instance, Perry4Law through Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal ADR and ODR service provider of India. Although ODR services are provided by a few others as well in India yet none of them, except Perry4Law and PLTB, provide techno legal ODR services in India.

These initiatives of Perry4Law and PTLB assume significance as dispute resolution of cross border technology transactions would be one of the emerging trends in international commercial arbitration in India. Further, cross border technology transactions and dispute resolution may take lots of shape and requirements. These technologies related dispute resolution services would also need techno legal expertise that very selective individuals and organisations possess.

India can become a global hub for international commercial dispute resolution (ICDR) services. ICDR services can be provided for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc. The list is fast expanding as the world is moving away from the traditional litigation system. All we need to make India a hub for ADR and ODR is a conducive.

Firstly, the ADR system of India needs reforms as it is in a really bad shape. Secondly, the arbitration infrastructure in India needs to be established. Thirdly, contemporary dispute resolution methods like online dispute resolution (ODR) and e-courts are missing in India. Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of out of court dispute resolution. These issues must be resolved to make India a favourite destination for technology related dispute resolutions.