Cyber Security Of India

Policy making requires tremendous insight and far sightedness. The same is missing in India, at least regarding the areas of cyber law and cyber security. On the one hand India has a weak and criminal friendly cyber law whereas on the other hand it does not possess tech-savvy law enforcement machinery. Even lawyers and judges are not that much aware about the nitty-gritty of cyber laws.

This fact is evident from various decisions taken from time to time by various departments of Indian government. Whether it is the home ministry banning the use of Internet or chief justice of India recommending banning of pornography and hate sites or removing of bank account details from the sites none is appreciating the true requirement of Indian cyber law.

The fact remains that India is confused and is taking wrong decisions and is investing on the futile projects. For instance, blocking of a website can be simply bypassed by using proxy servers. Similarly, “phishing” is more dangerous and requires more stringent actions then merely removing the bank account details, enhancing cyber security of various government departments is more effective then banning the use of Internet, etc.

If this was not enough, India did what no nations would dare to do so. It made almost all the cyber crimes “bailable”. India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. By succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India.

According to the ICT Trends in India 2009 by Perry4Law, Indian efforts for streamlining use of ICT have further degraded from 2008. The year 2009 saw some major ICT pitfalls and bad decisions were made by the Indian government. Overall the year 2009 can be said to be “Blunder ICT Year” of India.

With these negative developments incessantly happening in India, not much can be expected from Indian government. However, a new ray of hope has been shown by law minister of India by stressing upon separate and effective laws to tackle cyber crimes in India. Only time would tell whether it is another “press statement” or India would be able to tackle the nuisance of cyber crimes.

Similarly, efforts must be made to strengthen cyber security of India especially keeping in mind the growing dangers of “cyber terrorism” and “cyber war” that India is facing. Even cyber security for defence forces of India must be streamlined. However, nothing is more pressing than safeguarding the critical ICT infrastructure of India. Since the legislature in India is almost an extension of executive branch, the political will of the executive must be gathered. Some constructive steps must be urgently taken for ensuring strong cyber law and effective cyber security in India as soon as possible.

AUTHOR: GUNJAN SINGH

SOURCE: GROUND REPORT

The Irrational Cyber Laws Of The World

The Google’s episode regarding China’s censorship shows the growing hunger of various nations for Internet censorship and e-surveillance. India is no different from China when it comes to “Internet Censorship” and “E-Surveillance”, though the extent and degree may be somewhat lesser. The Information Technology Act 2000 (IT Act 2000) is the sole cyber law of India that was amended by the Information Technology Act 2008 (IT Act 2008). From here starts the real problem.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “The IT Act 2008 made India a “Safe Heaven” for cyber criminals on the one hand and an “Endemic E-Surveillance Society” and “Internet Censorship State” on the other hand. It seems the main aim of the proposed IT Act 2008 was to strengthen the “Internet Censorship” and “E-Surveillance Capabilities” of India.

With the passage of IT Act 2008 India has now officially become an endemic e-surveillance society. The amendments have provided unregulated, unconstitutional and arbitrary e-surveillance and Internet censorship powers to Government of India and its agencies and instrumentalities, says Praveen Dalal. The fact is that India has become an E-Police State, states the ICT Trends of India 2009.

Surprisingly, Minister of State for Communication Sachin Pilot believes that Indian cyber law is strong enough to meet the challenges posed by technology-assisted terrorism and cyber-terrorism. It seems he has not gone through the present IT Act 2000 after its 2008 amendments.

Some observers in India have rejoiced the exit of Google from China believing that it may be a good opportunity for India. However, they fail to understand the “ground reality” that India is no different from China when it comes to Internet Censorship and E-Surveillance. If India does not abdicate its alliance to Internet censorship and e-surveillance similar incidence may happen in India as well.

Online Exams In India In Legal Tussles

Educational reforms in India are urgently required. However, the progress in this regard is far from satisfactory despite the best efforts of Ministry of Human Resource Development through Union Minister Mr. Kapil Sibal. The position is worst when it comes to online education in India. The educational reforms in India are victim of “Political Nepotism”, say experts like Praveen Dalal. Unless Government of India adopts an open mind approach and utilise the expertise of knowledgeable people, Indian educational reforms would always remain in doldrums.

Educational reforms in India are urgently required to maintain quality of education in India. The use of Information and Communication Technology (ICT) can achieve this arduous task provided we acquire the expertise to use the same.

Online education requires both state of the art technologies as well as effective laws. Even if we have all the favorable condition still there may be technical glitches or legal wrangles. But what would happen if we have inadequate technical capabilities coupled with criminal friendly cyber laws? The net result would be a demise of the e-learning and online education capabilities. The same is happening in India due to myopic insight and criminal friendly nature of government of India. Even the ICT Trends In India 2009 gave a negative report in this regard.

Indian online education system is very bad in shape. On the one hand we lack technical capabilities whereas on the other hand cyber criminals are on a ride without any deterrent law to desist them from attacking the server and other computer resources of educational institutions providing online education and exams facilities. The natural outcome was very obvious, i.e. legal disputes.

A CAT candidate has filed a writ petition in the Karnataka High Court, asking for the cancellation of the online CAT 2009 and re-introduce the paper-and-pencil format of the exam. The petition states that even though the method of computerised test is claimed to be foolproof, there were several cases of cheating, mismanagement, leaks, rampant reboots, viruses and general all-round mismanagement.

If the GOI still does not wake up, it must forget about attracting foreign universities and their opening of campuses in India. In fact, such foreign universities must not open any centre in India till India is ready, both technically as well as legally.

SOURCE: ITVOIR

Cyber Crime Police Stations Of India In Bad Shape

The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India.

India has a very poor cyber crime conviction rate. As per DG of Corps of Detectives (CoD) D V Guruprasad the reason behind this is the officers themselves are clueless about cyber crime. It is of no use setting up cyber crime labs when the cyber criminals cannot be convicted. As for training judiciary and prosecutors this process should have initiated a long time back when the cyber-law was passed. The cyber crime police stations/cells/labs established by NASSCOM have absolutely failed to make any difference in this regard.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “This was bound to happen as the government of India is not at all serious about tackling the menace of cyber crimes in India. Rather than strengthening the cyber law of India, it has diluted the same and made it criminal friendly through the Information Technology Act 2008”.

In the absence of a stringent cyber law of India and lack of proper techno-legal training of lawyers, judges and police officers not much can be expected from Indian legal and judicial system of India. A special emphasis must be given to the training of police officers, lawyers and judges in the field of cyber forensics.

India must engage in good capacity development initiatives rather than merely opening cyber crimes cells and achieving cyber crimes tackling capacities on papers alone. The first step must be to strengthen cyber law of India and then steps must be taken to provide adequate training to the players involved in dealing with cyber crimes in India, says Praveen Dalal.

What Made India A Safe Heaven And Cyber Crime Harbour For Cyber Criminals?

Cyber Law in India is an essential part of Information and Communication Technology (ICT) regulations in India. ICT has brought before the government of India (GOI) certain challenges that it was not willing to accept and rectify. The worst among them are coming in the form of technology-assisted terrorism and cyber terrorism.

Cyber crimes in India are also increasing in the absence of a strong and stringent cyber law i.e. Information Technology Act 2000 (IT Act 2000). The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India.

Even cyber law enforcement is a big challenge in India. The law enforcement and intelligence agencies in India seem to be helpless in front of modern technological crimes like cyber crimes in India, terrorism and cyber-terrorism. India needs to tackle this problem as soon as possible. However, nothing concrete is happening in this direction. So where does the problem lie?

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India “The problem seems to be multi-faceted in nature. Firstly, the cyber law of India contained in the IT Act, 2000 is highly deficient in many aspects. Thus, there is an absence of proper legal enablement of ICT systems in India. Secondly, there is a lack of cyber law training to the police, lawyers, judges, etc in India. Thirdly, the cyber security and cyber forensics capabilities are missing in India. Fourthly, the ICT strategies and policies of India are deficient and needs an urgent overhaul. Fifthly, the Government of India is indifferent towards the “ICT reforms” in India. This results in a declining ranking of India in the spheres of e-readiness, e-governance, etc. While International communities like European Union, ITU, NATO, Department of Homeland Security, etc are stressing for an enhanced cyber security and tougher cyber laws, India seems to be treading on the wrong side of weaker regulatory and legal regime.”

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the IT Act 2008 the things have become worst. The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them. There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

We need to stress upon sound cyber laws with effective law enforcement. We need to train police, lawyers, judges, etc for ICT-related laws and procedures. However, nothing is going to happen till the matters are taken care of at the national policy level.

Perry4Law Suggested A Centralised ICT Control Mechanism For Intelligence Agencies Of India

National Security issues of India are too complicated to be resolved immediately. The problem has further been aggravated in the absence of a suitable ICT Policy for National Security issues of India. The sardonic failure of the e-governance projects in India has put at rest the hollow claims of Indian government to use ICT for national security purposes.

Even the ICT Trends of India 2009 have shown that Indian efforts regarding streamlining legal, judicial, administrative, law enforcement, intelligence agencies functions, etc through use of ICT have received serious setbacks in the year 2009. There is also little hope that the same would be rejuvenated in the year 2010. On what basis the government of India (GOI) would use ICT for national and internal security of India is still a big question.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, “Intelligence agency of a country plays an important role in its internal and external security. There must be a “Centralised ICT Control System” to govern intelligence agencies if there are more than one. If there are numerous intelligence agencies working for different government departments, there is a possibility of lack of coordination and inadequate and inappropriate information sharing. Nothing can be more beneficial than a “Centralised ICT Control Centre” for the Indian National and Internal Security.

The government of India has still to enact suitable laws governing intelligence agencies on the one hand and establish a centralised “Control System” for them on the other. India must forsake the practice of achieving targets on paper only and must be honest with and accountable to its commitments. Let us hope that GOI would come up with effective and authoritative national security measures regarding the suggestions provided by experts in this regard.

SOURCE: ITVOIR

E-Governance In India Has Failed

Information and Communication Technology (ICT) is the core strength of business community of India. The same has, however, failed to find a place in the national policies and strategies of India and in governmental dealings. The ICT Trends of India 2009 showed the naked truth of the contrary claims of Government of India. Despite negative reports and progress in India, the Indian government is loyal to the “India Shining Syndrome” rather than concentrating upon real and effective ICT projects management in India.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law “The Government and Indian Bureaucrats need to change their mindset and stress more upon outcomes and services rather than mere ICT procurement. India needs a services-based approach that is not only transparent but also backed by a more efficient and willing Government. Presently the Bureaucrats and Government of India are in a “resistance mode” towards novel and effective e-governance policies and strategies and they are merely computerising traditional official functions only. This is benefiting neither the Government nor the citizens and is resulting in wastage of thousands of crores of public money and UNDP/World Bank grants amount”.

The continued apathy, mismanagement and lack of accountability has finally shown its impact. The World Bank refused to operationalise the e-governance support project known as “E-Bharat” without its active management role in the same. The World Bank did not agree to the framework for implementation of E-Bharat as it was insisting on certain conditions to manage the project. For instance, against a hands-on project management approach being favoured by the World Bank, India was pushing for a programme mode where assistance could be linked to targets or milestones.

The expectations of World Bank are justified as there is a complete failure of e-governance projects in India barring few exceptions. In the absence of transparency and accountability, investing Crores of rupees in Indian e-governance projects is not a wise and profitable option. The World Bank must actively engage in day to day management functions of the projects it is sponsoring or funding.

In fact, the Parliamentary Standing Committee on IT, in its latest report noted that e-Bharat project was “in trouble”. Following the Government's decision not to establish a dedicated Special Purpose Vehicle (national e-governance agency), a requirement insisted on by the World Bank earlier, the Bank had advocated a newer look to be adopted inter-alia suggesting termination of the preparation of the E-Bharat Project. With the management controls in its hand, the World Bank may continue this much needed e-governance project of India. It would be good for Indian common man if other fund providing agencies like UNDP also take similar steps so that e-governance projects are not eaten up by corruption of Indian officials.

SOURCE: ITVOIR

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.