Techno Legal Skill Development By PTLB

These days almost all the persons and institutions are required to deal with techno legal issues like cyber law, cyber forensics, cyber security, etc. However, these techno legal fields are highly specialised in nature and they require good amount of training form the best institutions. Perry4Law Techno Legal Base (PTLB) is one such institution that provides world class online and offline techno legal trainings and education.

PTLB has launched the most comprehensive techno legal trainings for lawyers, judges, police officers, court managers, arbitrators, mediators, ODR professionals, etc. These trainings are managed by an online platform to maximise the reach of the trainings of PTLB. Application Form for enrollment to various techno legal training courses of PTLB can be downloaded from Here.

Techno legal trainings are particularly important for corporate executives, lawyers and judges. The corporate executives have to take care of regulatory and technical requirements at companies. The lawyers have to develop good knowledge of contemporary topics like cyber law, cyber forensics, etc. Similarly, the judges cannot give proper judgment till they are aware of techno legal issues.

These training and skill development programs of PTLB can go a long way in effective implementation of national litigation policy of India (NLPI). Further, these courses also have great scope for legal and judicial reforms in India.

SOURCE: PTLB NEWS

Cyber Security Policy Of India

By
V.K.Singh

Cyber security in India has not received the attention of Indian policy makers. As a result India has witnessed many sophisticated cyber security attacks against its computer systems operating at crucial departments and places from time to time. Even the terrorists are using technology to further their nefarious objectives in India. The problem is that Indian government, like any other government, is not capable of tackling cyber security issues single handedly. It needs private sector support to achieve this task.

According to Praveen Dalal, Managing Partner of the exclusive techno-legal cyber security research and training centre of India (CSRTCI), cyber security in India needs an urgent rejuvenation. He informs that till now Indian government has not thought it fit to consider cyber security as a part of National Policy.

It is obvious that India is finding it difficult to gather necessary cyber security expertise and this is resulting in a weak cyber security. Fortunately, private initiatives like CSRTCI are bridging the much needed gap of cyber security in India. The centre is providing techno-legal solutions for areas like cyber law, cyber security, cyber forensics, cyber terrorism, cyber espionage, critical ICT infrastructure protection, cyber war, etc. It is also providing techno-legal solutions for Indian projects like CCTNS, Natgrid, NCTC, etc.

CSRTCI also maintains a “repository” of software and tools for areas like cyber security, cyber forensics, penetration testing, malware analysis, encryption, stegnography, etc. It also maintains a rich techno-legal literature, articles, databases, etc for ready reference.

However, the most important and crucial achievement of the CSRTCI is that it has an “Exclusive Techno-Legal Repository” of software and research literature. It also has expertise for “aggressive defence” and human rights protection in cyberspace. In short, it is a single place destination for the techno-legal cyber security and allied fields.

The government of India and private sector of India must concentrate upon cyber security as soon as possible. Further, there is an emergent need to make proper amendments in the otherwise impotent, weak and ineffective cyber law of India. The increasing cyber crimes in India is also attributable to the “welcoming law” of India incorporated in the information technology act 2000 that instead of deterring the cyber criminals is in fact encouraging them to indulge in cyber crimes.

Legal System Of India Needs Reforms

By
Praveen Dalal

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

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

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

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

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

Way To Make Bar Examinations Successful In India

By

Praveen Dalal

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

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

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

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

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

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

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

PRIMARY SOURCE: BAR EXAMINATIONS IN INDIA

SECONDARY SOURCE: MYNEWS

Does Indian Ministers Mean What They Say?

India is an interesting place to live in. It has rich culture and nice people. But when it comes to its politicians one has no choice but to bang his head against the wall. No where in the world can we have greater double standards then the one adopted by Indian politicians. Take few examples in this regard.

Minister A. Raja has shown his willingness to amend the sole cyber law of India to make it strong. Surprisingly, the information technology act 2000 (IT Act 2000) was made impotent and cyber criminal friendly during his tenure only. He did nothing to stop the information technology amendment act 2008 (IT Act 2008) that not only made India a safe heaven for cyber criminals but also made Indian an official e-police state.

Minister P. Chidambaram has recently assured that they believe in protection of privacy of Indians at all costs. Somebody must remind him of the recent episode where the Natgrid was stalled due to lack of safeguards to protect privacy of India. On top of it is the recent telephone tapping episode that is neither the first one nor the last one.

Minister Sachin Pilot has recently assured that security agencies are looking into the matter of recent hacking reports of Indian computer systems by China. The fact remains that cyber security in India is an ignored world. The only cyber security centre that India has is managed by a private techno-legal firm Perry4Law.

Finally, the aadhar project of India has been portrayed as a great service to poor and Indian masses. However, the fallacies and shortcomings of aadhar project of India is nothing short of unconstitutionality and illegality. Thanks to the Aadhar Project Watch Initiative, the UIDAI has at least a chance to rectify the blunders it is committing.

The list is simply illustrative and it can go on and on. All I can say is that strange things do happen in India and public never take notice of the same.

SOURCE: CIO

Corporate Law Legal Services In India

Company laws are diverse and complicate in nature. Although primarily governed by a company law like Indian Companies Act yet many other laws also fall within the ambit of corporate legal practice. Perry4Law provides techno-legal corporate legal services in the form of litigation, consultancy, dispute resolution, etc.

Cyber Security Research Training And Educational Centre In India

Techno-legal cyber security in India got a real boost. Perry4Law has launched the first ever cyber security research, training and educational centre in India. A brief profile of the same is available here till the final website is out.

The centre would strengthen cyber security of India by providing good techno-legal cyber security training, research facilities and education.

Competition Regime Getting Stronger Worldwide

Anti-competitive practices are a bane to free consumer society. They induce arbitrary elements in the fair business dealing for the personal gain of the some. This has necessitated a competition law regime all over the world.

With the growing use of Information and Communication Technology (ICT) all over the World, competition law has been invoked times again to redress consumer’s grievances and to uphold their interests. Even the most powerful and influential ICT services and product providers have to comply with the requirements of competition law regime.

Anti-trust actions have been taken against many ICT giants of the world from time to time. In a recent development, Microsoft has bowed to pressure from the European Commission over the dominance of its web browser product Explorer, making a legally binding promise to give consumers a choice of browsers when installing software to surf on the internet. The company has also pledged to disclose coding information which will make it easier for consumers to use word-processing and spreadsheet products from rival companies on its operating systems.

Efforts have also been taken to strengthen Indian Competition law regime. Praveen Dalal, Managing Partner of Perry4Law informs that Indian Parliament has recently passed a Bill to facilitate transfer of anti-competition cases pending before the Monopolies and Restrictive Trade Practices Commission (MRTPC) of India to the Competition Appellate Tribunal. While the newly constituted counterpart of MRTPC, known as Competition Commission of India (CCI), has started functioning it has not settled any case. Thus the Tribunal had not been given adequate work, necessitating an ordinance for transfer of work from the MRTPC.

Similarly, the US Federal Trade Commission has recently sued Intel alleging that the computer chip-making giant used anti-competitive practices to maintain its dominance. The suit claimed that Intel coerced computer makers not to buy rival chips and redesigned software to stunt the performance of non-Intel computer processors. Such actions were part of a systematic campaign to "put the brakes on superior competitive products that threatened" Intel's market share, the FTC said.

The move comes just one month after Intel agreed to pay its main rival Advanced Micro Devices $1.25 billion to settle that company's claims against it. But Intel still faces antitrust complaints from European Union regulators and from New York state.

Although anti trust and anti competition actions are increasing, yet they have to be more rigorous and frequent to advance the rights of the consumers.

Law Enforcement And Center-State Relationships In India

Recently the Goa police has been pulled up for not sending details of the Diwali-eve bomb blast investigations to the National Investigating Agency (NIA) set up in 2008 to investigate terror-related crimes in the country. State chief secretary Sanjiv Srivastava admitted that the Goa police had bypassed the NIA and sent updates of the Oct 16 investigations to officials in the ministry of home affairs. This has proved the apprehensions raised by experts like B.S. Dalal previously.

Law enforcement and intelligence agencies are virtually governed by no law in India. The government of India (GOI) never took pain to provide a viable and constitutionally sound legal framework for these institutions in India. The net result is that most of them are still governed by colonial and outdated laws.

Surprisingly, this scenario has not been challenged in the Indian courts. The constitution of India has mandated that law enforcement is a matter of “State List”. The Center cannot legislate on this crucial area. If the Center makes a law in this regard, the same would disturb the harmony between the Center and States relations. So does India has any constitutionally valid legal framework for law enforcement and/or intelligence agencies?

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, “With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard. However, the viability and constitutionality of this Act is yet to be checked. When the Center encroaches upon the powers of the States, constitutional crisis and disputes are bound to arise. Realising the seriousness of the issue, Perry4Law has provided a “10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India” to the Government of India”.

The government of India has still to enact suitable laws in this crucial direction. In the absence of the same, there are great chances that instances of lack of mutual understanding and cooperation between NIA and State police force may increase. In fact, to a great extent the State police is well within its rights and power to ignore the mandates of the National Investigation Agency Act, 2008.

SOURCE: GROUND NEWS

Unique Identification Project Of India Needs A Legal Framework To Be Legitimate

According to experts, Unique Identification Project of India and Unique Identification Authority of India (UIAI) cannot be legitimate till there is a “legislative framework” duly supporting it. The same is presently missing in India. Similarly, concerns regarding data protection, privacy issues, cyber security, etc are also there to be addressed. The Parliament has to enact a Techno-Legal Statute in this regard to confer legitimacy to this much needed initiative.

Unique Identification Project (UIP) of India is gaining importance in India. It is also the need of the hour. The only requirement remains is that it must be implemented and enforced properly.

UIP not only requires a good legal support but properly trained manpower as well. The first step would be to formulate suitable policies and laws in this regard. Then we have to train sufficient number of people to manage this ambitious project.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law Unique Identification Project of India is a much needed initiative and its importance cannot be undermined. However, no matter howsoever important a project may be, it must be done both legally and reasonably. If a project is not supported by a good and reasonable law, its importance is overshadowed by its fallacies and possible abuses, says Dalal.

Some issues those have to be resolved before implementing the UIP pertains to data protection, privacy protection, security of the information gathered, data management, etc. Similarly, contractual issues, information sharing and distribution, etc would also arise, opined Dalal.

The challenges before the Unique Identification Authority of India are numerous and manifold. It has already started gathering public opinions and inputs in this regard. Similarly, various stakeholders have also been consulted in this regard. This is the correct approach as a broader public acceptance can be obtained in this manner, says Dalal.

There are no hints of any legislation making pertaining to UIP and UIAI in the current winter session of the Parliament. Perhaps the government of India needs more time before making an important law in this much needed direction.

SOURCE: GROUND NEWS

E-Judiciary In India Must Be Established Now

E-courts in India or e-judiciary in India has been in media corners since 2003. However, till now India does not have even a single e-court. While India is busy in press releases claiming opening of e-courts other countries are actually implementing the required measures in this direction. One such court is the Georgia Court of Appeal.

Although e-filing has not yet reached the Georgia Supreme Court, the Georgia Court of Appeals announced yesterday the creation of its EFAST system, which allows members of the Georgia Bar to file briefs electronically. Registration and other information about the new program is available at the Court of Appeals’ website. The impressive aspect about this announcement is the “ability” to file cases electronically.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law no court can claim itself to be an e-court till cases are filed, processed and adjudicated electronically. Without these crucial capabilities, the other measures are just attempts to “computerise” the court’s traditional and ancillary functions, says Dalal.

Now it is abundantly clear that India has in the past claimed opening of many e-courts but till now not even a single case has been delat with electronically. This is because there is no e-court hence there cannot be any disposal of the same electronically.

The Delhi High Court has declared that it is going to open an e-court on 8th December, 2009. It would be interesting to see whether the same would be “another e-court” as claimed to be opened earlier or would it be a real one?

SOURCE: MERINEWS

Cyber Terrorism And Its Solutions In India

The concept of Cyber Terrorism in India was first introduced and advocated in the year 2002 by Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law.

However, the GOI woke up very late in the year 2008 when a single provision was incorporated in the Information Technology Amendment Act 2008 (IT Act 2008) on the basis of suggestions of Praveen Dalal.

Though the provision seems to be a good beginning yet there is still a long gap to cover as a single provision cannot be considered to be enough to address the menace of cyber terrorism in India.

It would be a good idea if the GOI take a serious note of the existing cyber law of India and come up with good and effective amendments.

In this wonderful article, Praveen Dalal has suggested both the problems of and solutions to growing problems of cyber terrorism in India. The same can be utilised by GOI once more to provide a robust and effective cyber terrorism law in India.

ADR And ODR In India

Alternative dispute resolution (ADR) in India is not new and it was in existence even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court. It provides that where it appears to the court that there exist elements, which may be acceptable to the parties, the court may formulate the terms of a possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement.

Some bold steps have also been undertaken in India to utilise the benefits of Information and Communication Technology (ICT) for ADR purposes. For instance, Perry4Law has been providing online dispute resolution (ODR) services in India to resolve disputes out of the court. These ODR services are unique as they also cater the needs of techno-legal segment besides the traditional litigation requirements.

India is presently greatly overburdened by the backlog of cases in the courts. If the Indian courts have to function properly, they have to actively use ADR and ODR for out of court dispute resolutions. Further, India has to take care of International commercial arbitration and commercial disputes as well. ADR and ODR seem to be a viable solution for the problem of backlog of cases in India.

SOURCE: GROUND NEWS

Best Cyber Law Firm In India

Cyber Law of India is becoming important day by day and so are the compliance requirements arising out of it. Cyber law of India imposes many obligations upon Indian citizens and corporation. A failure to observe “Due Diligence” on the part of Indians Citizens, ISPs, NSPs, Cyber Café Owners, Companies, etc may bring civil and criminal actions against them. These liabilities are not only apparent but also worth immediate attention of the stakeholders.

Cyber law must not be treated as mere technical or mere legal aspect. It is “Techno-Legal” in nature. All the stakeholders must keep this fact in mind while seeking the cyber law opinions and legal services.

Perry4Law has been providing Techno-Legal Cyber Law Consultancy in India, Cyber Law Litigation Support in India, Cyber Law Training in India, etc for long. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India is one of the Partners who are providing Cyber Law Consultancy Services in India. None can doubt that the Partners at Perry4Law are acknowledged as the “Best Cyber Law Consultants In India” and Worldwide. These Techno-Legal Cyber Law Consultancy Services are best in India and one of the best in the World.

Those looking for the best techno-legal cyber law consultants in India and the best techno-legal cyber law consultancy in India must visit the “Contact Point” of Perry4Law and act as per the specified instructions.

TAGS: CYBER LAW CONSULTANTS IN INDIA, CYBER LAW CONSULTANCY IN INDIA, TECHNO-LEGAL CYBER LAW LEGAL SERVICES IN INDIA, CYBER LAW LEGAL FIRMS IN INDIA, BEST CYBER LAW FIRM IN INDIA, CYBER LAW IN INDIA, PRAVEEN DALAL, PERRY4LAW.

Indian Government 100 Days Workplan May Fail To Materialise

President of India has recently revealed the “Priorities” of Indian Government in the next five years/100 days. However, there should be a political will and bureaucratic competencies to achieve these promises. The Indian Government must shift from promises to real achievements if it really wishes to achieve the 100 Days Promised Agenda.

Within a weak of time span (100 days starting from 5th June, 2009) some of the “Promises” of the Indian government seems to be just “political jargon” alone.

AUTHOR: PRAVEEN DALAL

SOURCE: LEGAL ENABLEMENT OF ICT SYSTEMS IN INDIA

Government Websites In India Are Down

National Informatics Center (NIC) of India is down and out once again. NIC India is managing the websites of almost all the government departments in India. Techno-Legal Experts have been suggesting for a “decentralisation” of this function of NIC because if the NIC is down all governmental works are stopped. Presently, all the government sites like department of information technology (DIT), department of telecommunications (DOT), etc are down. Mr. Praveen Dalal has suggested to the GOI to start inducting good skilled people for meeting its promises. The GOI must also reminisce the “causes” for the “First Casualty” of its 100 Days Workplan.

SOURCE: ITVOIR