Showing posts with label CCTNS. Show all posts
Showing posts with label CCTNS. Show all posts

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.

Wednesday, January 12, 2011

Aadhar Project And UIDAI Must Be Scrapped

One of the most controversial projects of India is unique identification project of India (UID project of India) or Aadhar project of India. The Aadhar project is openly and blatantly violating various civil liberties of Indian citizens. Even the unique identification authority of India (UIDAI) is devoid of any constitutional and legal status.

If Aadhar project and UIDAI are clearly unconstitutional project/authority why is Indian government wasting crores of money upon them? This is the most frustrating aspect of Aadhar project and UIDAI.

The only answer seems to be so that the Indian government can enhance its e-surveillance capabilities by clubbing Aadhar project with national population register (NPR) of India, national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc. These are only known projects and there may be many projects that Indian citizens may not be aware of.

According to Praveen Dalal, Supreme Court lawyer and leading techno legal expert of India, there is no second opinion about the fact that Aadhar Project and UIDAI are “Unconstitutional” in the absence of a “Constitutionally Sound Law” in this regard. This is more so when there are no dedicated Privacy Laws in India and Data Protection Laws in India, opines Praveen Dalal.

Surprisingly, the government of India has deliberately abstained from enacting suitable privacy and data protection laws in India. On the contrary, it amended the sole cyber law of India contained in the information technology act 2000 (IT Act 2000) through the information technology amendment act, 2008 (IT Act 2008).

After this amendment, unregulated, unaccountable and unconstitutional powers were obtained by Indian government regarding e-surveillance and electronic eavesdropping in India. This amendment was primarily made to accommodate projects like Natgrid, Aadhar, CCTNS, etc.

Even there is no lawful interception law in India. The present E-Surveillance and Phone Tapping practices adopted by India are “Unconstitutional” in the absence of a Constitutionally Sound Lawful Interception Law, says Praveen Dalal.

If we analyse the entire scenario, there are very strong ground to scrap Aadhar project and UIDAI till proper legal framework is at place. May be our Prime Minister Dr. Manmohan Singh would take initiative in this regard before it is too late.

Wednesday, September 1, 2010

Cyber Security In India Is Needed To Defeat E-Surveillance

As more and more public services are attached to information and communication (ICT) technology, their security becomes of paramount importance. In India there is very little research, training and education in the field of cyber security. Further, even lesser is research and training regarding techno legal issues.

So much so that India has just a single techno legal cyber security research, training and education centre (CSRCI). The same is managed by Perry4Law Techno Legal Base (PTLB) and it is providing research, training, education, policy making etc in the crucial field of cyber security in India.

It is also maintaining a world class cyber security software repository that is unique in the world. The repository carries both technical as well as legal resources and software.

India has been facing cyber threats from cyber criminals, cyber espionage groups, cyber war groups, cyber terrorists, etc. Even the homeland security of India needs rejuvenation. Indian departments and strategic computer systems have been under constant threats from adjacent countries. Many sensitive documents have also been stolen through hacking the crucial computer systems in India.

Even the cyber law of India is a very weak piece of legislation with no deterrent effect. When cyber crimes like hacking have been made bailable nothing can make such a law a deterrent for committed cyber criminals.

In the name of national security and cyber security, the Home Ministry is taking absurd decisions like banning Blackberry, Gmail, Skype, etc. Further, illegal and unconstitutional projects like CCTNS, Natgrid, Aadhar project, etc have been also pushed for the sole purpose of enhancing the illegal and unaccountable e-surveillance powers of Indian government and its agencies.

The truth is that authorities like unique identification authority of India (UIDAI) and projects like CCTNS, Natgrid, Aadhar, etc are violative of civil liberties and fundamental rights of Indians. The worst affected are the privacy rights in India that have simply been compromised for the façade of security. It is high time for Indians to reclaim their human rights before it is too late.

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.

Monday, March 29, 2010

IT Training Centre For Police Force Of India

Perry4Law has launched an information technology training centre for police force of India and other jurisdictions of the World. The centre would train police force in areas like basics of computers, cyber law, cyber forensics, cyber security, telecommunication laws, mobile forensics, etc.

The centre also aims at developing and maintaining initiatives like Crime and Criminal Tracking Network and Systems (CCTNS) Project of India, National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), etc.

Monday, March 22, 2010

Haste Is Spoiling Projects Like Natgrid

India is presently going through a storm of quandary and unpredictability. In order to streamline and strengthen its internal security, India is taking haste decisions that would ultimately prove wastage of public money and violation of their valuable civil liberties, says Praveen Dalal.

India has been at unrest due to internal security breaches in the form of terrorist attacks and other similar activities. India responded quickly, though wrongly, by planning an endemic e-surveillance model for strengthening its internal security. However, the real beginning of e-police State in India started only after the Information Technology Amendment Act 2008 (IT Act 2008) was notified by the central government. It is really surprising that instead of strengthening and improving the sole cyber law of India, i.e. Information Technology Act 2000 (IT Act 2000) the Indian government preferred to make it further weaker and making it an instrumentality of e-surveillance in India.

The problem is more severe as issues pertaining to data protection law in India, privacy rights protection in India, etc would arise in the very near future. We need to protect human rights in cyberspace as well as in real world while implementing various governmental projects.

Experts have been questioning the inadequacy of safeguards for prevention of abuses and violation of civil liberties by projects like unique identification (UID), national intelligence grid (NATGRID), etc.

The project executors, however, did no pay much heed to the same. The results were not difficult to anticipate. The Natgrid project has been stalled due to inadequate privacy safeguards and possibility of political misuse after experts like Praveen Dalal suggested inclusion of the same. According to him India must understand thoroughly that “Haste is a Waste” for UIDAI, NATGRID, CCTNS, and other similar important projects. The truth is that projects like UID, Natgrid, etc must comply with civil liberties protection in cyberspace and real world., says Praveen Dalal.

The sooner this fact is realised by Indian government the better it would be for all concerned, especially for the Indian citizens whose civil liberties are at great peril.

SOURCE: GROUND REPORT

Friday, February 5, 2010

Best Cyber Forensics Training, Techno-Legal Consultancy And Litigation Support Provider In India

Cyber Forensics is a very recent scientific development and countries all over the World are struggling hard to incorporate the same in their respective legal and judicial systems. Cyber forensics is also a part of legal enablement of ICT system that essentially creates a legal framework incorporating the prerequisites of cyber forensics.

Cyber Forensics is an important field of criminal investigation. However, it requires a sound expertise to be practiced. In India we have very few experts who can provide cyber forensics services in an appropriate manner. Presently, India does not possess the required capabilities and law enforcement machinery finds it really difficult to deal with modern cyber crimes.

As per Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Computer Forensics or Cyber Forensics in India has started gaining importance out of the necessity to deal with growing cyber crimes. Though India has taken some steps in the direction of enacting Information and Communication Technology (ICT) related law in the form of Information Technology Act, 2000 (IT Act, 2000), yet by and large it failed to provide a sound and secure law in this crucial direction. The result is too obvious. India has to depend upon foreign experts and institutions/universities for cyber forensics tasks”.

In the absence of governmental efforts in this regard, world renowned techno-legal firms like Perry4Law can be really helpful in fighting cyber crimes in India. Issues pertaining to hacking, data thefts, data security, cyber terrorism, financial frauds, privacy violations, etc must not be taken as lightly as has been done by India.

Perry4Law possesses techno-legal expertise for cyber law, cyber forensics, cyber security training, consultancy and solutions providing to various stakeholders. Perry4Law Techno-Legal Base (PTLB) is India’s first and most prominent techno-legal initiative that is providing techno-legal training to various players. It is also acting as India’s first and most effective Resource Centre for Cyber Forensics (RCCF) and cyber forensics software testing platform.

Perry4Law and PTLB provides techno-legal services in the fields like cyber law, cyber forensics, crime and criminal tracking network and systems (CCTNS), techno-legal training to police officers, lawyers and judges, national mission for delivery of justice and legal reforms (NMDJLR), etc.

The government of India must also take immediate steps to acquire indigenous capabilities at the national level. With the growing threats of cyber terrorism and cyber warfare, India should not be as complacent as it is.

Thursday, December 24, 2009

National Security Of India Must Be Strengthened

National security of India is a crucial aspect that has been ignored by Indian politicians for long. The catastrophic consequences of the same are very apparent in the form of terrorists’ attacks and cyber terrorism in India. Time has arisen when we must rejuvenate the national security and internal security of India. The recent proposal by the Home Minister to strengthen Indian National Security and Internal Security must be strictly adhered to by the Indian government. It should not merely be another proposal with no actual implementation and execution.

National security of India has recently received a rejuvenation attempt by the Government of India (GOI). This is good news at a time where the national security issues are grossly ignored in India. The national security of India and internal security of India are suffering not only on the count of lack of political will but also due to absence of suitable policies and strategies.

The ICT Trends of India 2009 have also proved that India has failed on the fronts of Cyber law of India, Cyber Terrorism in India, E-Courts in India, E-Learning in India, Unique Identification Project of India, Serious Frauds and White Collar Crimes, National Security Issues, Crime Reporting by Media, Internet Banking Frauds, Cyber Security of Defense Forces, Cyber War in India, E-Surveillance in India, etc.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Indian approach in this regard is not sensible at all. We should not invest thousands of crores of Indian rupees into security projects that can be manipulated and sabotaged in minutes. Rather we should first analyse the weaknesses and security holes of the same before buying and installing it.

After all security of a Nation is proper application of “common sense” rather than wasting unlimited amount of money. Crime and Criminal Tracking Network & Systems (CCTNS) of India, Unique Identification Authority of India (UIAI), Rs 800 crores centralised facility to control phone tapping activities in India, etc are some of the projects that require common sense application before their implementation. They have to be tested in a “limited environment” before using them in a full fledged manner, says Praveen Dalal.

It seems Indian security initiatives have to be holistically analysed and suitably applied. The Indian security infrastructure and workforces are not in good shape and require rejuvenation. We need a techno-legal security workforce and not personnel who do not have even the basic facilities and technological means and knowledge. The terrorist attacks have really shattered the deep pervasive false sense of security present in the Indian government mentality. We have to think and act against such internal and external threats by going beyond a "political debate". We can fool ourselves by bragging about India’s capabilities and victories against terrorism and cyber terrorism and keep on facing future attacks and bear the traumatic casualties. Alternatively, we must accept our weaknesses against such attacks and take constructive steps to anticipate, prevent and counter such future terrorist and cyber terrorism activities, warns Praveen Dalal.

With a new ray of hope shown by the recent stress upon national security of India we can expect some good results in this direction. However, India is famous for mere assurances and proposals without actually implementing them. Similarly, due to faulty management and policies even the implemented projects have failed in the past. Let us hope that this time India would do the proper homework before starting an initiative that it cannot implement and run.