Jurisdictional Issues Of Copyright Law Of India

In a landmark case, Justice S.N. Dhingra of the Delhi High Court has expressed concerns regarding the evasive techniques adopted by many litigants to invoke the original jurisdiction of High Courts. This negates jurisdiction to the courts that actually have to try the case. The court also suggested to the government to bring an amendment in the Copyright Act to remove the discussed anomaly so that the big companies would not take advantage of it. However, experts believe that the current Copyright law of India may pose a contradiction against the observations made vis-à-vis jurisdictional aspects discussed in the case.

Justice S.N. Dhingra of the Delhi High Court has asked Microsoft Corporation to shell out Rs.800,000 ($16,000) for choosing to fight four copyright violation cases in the Indian capital even though they originated in other cities. Microsoft said it was fighting the cases in Delhi as it has its office in the national capital. But the court told Microsoft if it wanted the cases to be heard here, it would have to deposit a sum of Rs.200,000 per case - as a cost security.

This case has raised a very important question of law and it would be interesting to know the further development of the same on Jan 18 next year. This is so because some of the observations of the court are going against the express and settled position of the copyright law of India.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading authority on “jurisdictional issues” of copyright law in India, “Although the intention of the court is benign and justice oriented yet whether it is fully correct or not is still debatable. This is because the relevant section of the Indian Copyright Act, 1957 has received a different and contrary interpretation not only by the Delhi High Court itself but also by the Supreme Court of India. However, every case depends upon its own facts and circumstances and the facts of the present case only would decide the fate of this case, says Dalal”.

The jurisdictional issue of copyright violation is a very crucial issue and it needs not only finality but also uniformity. The present observations of the court have raised few interesting and novel questions and they would go a long way in shaping the jurisdictional issues of copyright law in India.

Should IMEI Be A Reasonable National Security Criteria In India?

The Anti Terrorist Squad (ATS) recently arrested five people from a cell phone repair shop for implanting fake International Mobile Equipment Identity (IMEI) numbers in cell phones. It is a general perception that the 15-digit IMEI number can be used to identify a handset on an operator’s network, allowing individual calls to be traced to the phone it came from.

Does this assertion has any significant national security importance? Having knowledge about the IMEI number has many advantages for law enforcement and telecom service providers. The IMEI number is used by the GSM network to identify valid devices and therefore can be used to stop a stolen phone from accessing the network. If a mobile phone is stolen, the owner can call his or her network provider and instruct them to "ban" the phone using its IMEI number. This renders the phone useless, whether or not the phone's SIM is changed.

However, the bigger question is whether absence of an IMEI number per se is as offensive as to attract the “national security clause” and to brand a holder of such mobile a “terrorist”?

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law we need to have additional information besides IMEI for national security purposes. The IMEI is only used to identify the device, and has no permanent or semi-permanent relation to the subscriber, says Dalal. However, many network and security features are enabled by knowing the current device being used by a subscriber, suggests Dalal.

Although a good start has been made by the Indian government yet it has to cover a long road ahead. There is an urgent need to impart good techno-legal training to law enforcement and intelligence agencies so that national security can be protected as much as possible. The government must also train law enforcement officers in techno-legal fields so that they may effectively deal with the technology related crimes in India.

Indian Intelligence Agencies Have More Evidence Than FBI In Headley’s Case

Intelligence officials in India are not impressed with the FBI’s inputs regarding Headley’s case. India wanted voice samples of Headley and associate Tahawwur Rana talking to their handlers in Pakistan. But the FBI told them they didn’t have any such intercepts. “We had a lot more information and evidence than they (FBI). Headley told them about the places he visited; we’d already tracked his movements and had evidence to back them,” an intelligence official said.

This also shows the crucial requirements of establishing and strengthening Indian intelligence agencies'. India should primarily rely upon indigenously developed capabilities rather than upon foreign sources.

Serious Frauds and White Collar Crimes Investigation Machinery Is Needed In India

Serious frauds and white collar crimes are increasing all over the world. The offences in these cases are not of conventional or traditional types. The ultimate objective of these crimes and frauds is to use public money in a carefully planned manner for personal use with no right to do it. The entire community is aggrieved if the economic offenders who ruin the economy of the State are not brought to book.

A disregard for the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crime with a permissive eye, unmindful of the damage done to the national economy and national interest.

Unfortunately in the last few years, India has seen an alarming rise in the serious frauds and white collar crimes, which has affected the fiber of the country’s economic structure. These cases are nothing but private gain at the cost of public and lead to economic disaster.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, serious frauds and white collar crimes are increasing globally. With the globalisation and use of Information and Communication Technology (ICT) territorial boundaries have shrunken. The ramifications of the acts of one person may be felt in a totally different jurisdiction. There is an emergent need of enacting stringent and effective laws in India on the one hand and effective investigation capabilities on the other, says Dalal.

It is clear that India not only requires good laws that can stringently deal with corporate frauds and other white collar crimes of massive proportion but also should develop scientific and contemporary investigation skills and capabilities.

India Getting Stricter Regarding False IMEI Numbers And Norms

Having knowledge about the IMEI number has many advantages for law enforcement and telecom service providers. The IMEI number is used by the GSM network to identify valid devices and therefore can be used to stop a stolen phone from accessing the network. If a mobile phone is stolen, the owner can call his or her network provider and instruct them to "ban" the phone using its IMEI number. This renders the phone useless, whether or not the phone's SIM is changed.

The Anti Terrorist Squad (ATS) recently arrested five people from a cell phone repair shop for implanting fake International Mobile Equipment Identity (IMEI) numbers in cell phones. These phones, widely used by terrorists, had gone dead after a recent government ban. As per the government directives, handsets with false IMEI number were blocked from midnight of November 30 over concerns that criminal or militant groups could use them to organise attacks.

The 15-digit IMEI number can be used to identify a handset on an operator’s network, allowing individual calls to be traced to the phone it came from. If a person uses mobile phone for anti-national activities, the IMEI number can be used to track the set and catch the culprit. But if a lot of cell phones have the same IMEI number, it becomes difficult for investigating agencies to trace individual mobile phones. It was on the basis of the IMEI number that the police established that LeT operative David Coleman Headley had stayed in Lemon Tree Hotel in Mithakali, before 26/11 attacks.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law we need to have additional information besides IMEI. The IMEI is only used to identify the device, and has no permanent or semi-permanent relation to the subscriber, says Dalal. However, many network and security features are enabled by knowing the current device being used by a subscriber, suggests Dalal.

Although a good start has been made by the Indian government yet it has to cover a long road ahead. The government must also train law enforcement officers in techno-legal fields so that they may effectively deal with the technology related crimes in India.

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

Cyber Security Of Defense Forces In India Is Required

Cyber security in India has always received an alien treatment. There cannot be any doubt that cyber security is not only important for securing the cyberspace of a Nation, it is also crucial for securing its territorial boundaries. For instance, strategic and crucial information can be gathered from manipulating Information and Communication Technology (ICT) used by strategic units of a Nation.

Cyber security of India is very important to protect businesses, governments and general public at large. The same must be a part of the national policy of India. Unfortunately, cyber security in India is an ignored world. There are many factors that are ailing cyber security in India.

The position is even worst when it comes to wireless security in India. Wireless security has become a headache due to its misuse by terrorists in India. A weak cyber security policy in India is also resulting in increased cyber terrorism activities in India. We have to device methods to tackle cyber terrorism in India.

Another crucial aspect related to a secure and strong cyber security in India pertains to critical ICT infrastructure protection in India. Critical infrastructure is becoming increasingly dependent upon ICT these days. If we are unable to secure an ICT system we are also risking critical ICT infrastructure as well.

Recently, it has been reported that the Chinese intelligence agencies may have planted computer malware and broken into the headquarters of 33 Corps, the army formation looking after most of the north-eastern border with China. The break-in included the planting of trojan viruses which may have given Chinese operatives remote access to the computer network at the 33 Corps headquarters in Sukhna, near Siliguri, West Bengal.

The defense forces also need cyber security and cyber forensics capabilities. The digital life is an altogether different segment where traditional methods are ineffective. The cyber war and cyber terrorism threats are not only real but also very dangerous. India must upgrade its cyber security and national security capabilities as soon as possible. Repeated cyber security breaches have been reported in India from time to time but the attitude of Indian government has not yet changed. It is difficult to anticipate what would wake up the Indian government from its indefinite deep sleep and do the needful.

Crime and Criminal Tracking Network And Systems Of India

During the current winter session (December 2009) of the Parliament of India it was disclosed that the government of India (GOI) is interconnecting about 14,000 police stations and 6,000 police offices across the country through Crime and Criminal Tracking Network and Systems (CCTNS) aimed at crime investigation and detection of criminals. The GOI is also examining the feasibility of connecting hotels and guest houses to the CCTNS system. The bigger question is whether the GOI would be able to do so without a failure and wastage of crores of public money?

CCTNS Project has been approved by the Cabinet Committee on Economic Affairs. It has a financial cushion of Rs.2000 Crores as per the 11th Five Year Plan. The Project would be initiated by the Ministry of Home Affairs and implemented by the National Crime Records Bureau.

The CCTNS project is to be implemented in a manner where the major role would lie with the State Governments in order to bring in the requisite stakes, ownership and commitment, and only certain core components would be in the hands of the Central Government, apart from the required review and monitoring of project implementation on a continuing basis.

The need for such a system was felt after the terror attacks in Mumbai last November, where the slow response time of the security forces and inadequate crisis management capabilities resulted in many casualties and property loss which could have been anticipated and averted.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, “CCTNS Project is a complicated and time consuming initiative. It must be preceded by suitable “Policy Framework” as well as by adequate “Techno-Legal Training” of the persons going to manage the same”. The stakes are high so must be the training and development standards, said Dalal.

The previous experience of other countries has shown that inadequate planning and training can result in wastage of money and can defeat the purpose of this project. If India wants to succeed it must first acquire the expertise to manage the CCTNS Project before jumping upon this unexplored terrain.

Amendments In RTI Act, 2005 Recommended By RTI Helpdesk Of India

Right to information (RTI) is a basic Human Right and Fundament Right in India. RTI Helpdesk of India has been protecting this valuable right for long. It has provided many “Annual Reviews” regarding right to information in India from time to time. It is also the first helpdesk in India that has been established by Perry4Law. Mr. B.S.Dalal, Senior Member of RTI Helpdesk and Praveen Dalal, Managing Member of RTI Helpdesk have strongly recommended for “suitable amendments” in the Right to Information Act, 2005 (RTI Act, 2005).

The right to impart and receive information is a species of the right to freedom of speech and expression guaranteed by Article 19(1) (a) of the Constitution of India. A citizen has a Fundamental Right to use the best means of imparting and receiving information.

The State is not only under an obligation to respect the Fundamental Rights of the citizens, but also equally under an obligation to ensure conditions under which the Right can be meaningfully and effectively be enjoyed by one and all.

Freedom of speech and expression is basic to and indivisible from a democratic polity. The right U/A 19(1) (a) is, however, available only to the citizens of India and non-citizens can claim only right to know U/A 21 of the Constitution of India.

Recognising the right to information (RTI) of “citizens” of India, the RTI Act, 2005 has been enacted. The RTI Act 2005 was enacted on 21-06-05 and it finally and fully came into force on 12-10-05. However, with the passage of time and many experiences, it has been felt by RTI Experts and Activists like B.S.Dalal and Praveen Dalal that suitable amendments must be made in the parent legislation.

Many controversial issues have been arising these days and the same are shaking the very foundation of the RTI Act, 2005. There is an emergent need to “clarify” some provisions and to “add” further provisions to make RTI Act, 2005 more effective, transparent and workable, says activists of RTI Helpdesk.

The winter session (December 2009) of the Parliament of India is going on. However, it is difficult to pass suitable amendment in such a short period of time. Most probably the government of India would consider and act upon the suggestions of RTI Helpdesk of Perry4Law in the next session of the Parliament.

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

Judicial Reforms In India Are Urgently Required

India is in emergent need to adopt judicial reform as public trust and confidence in Indian judiciary is at its nadir. E-Courts have the potential to remove the mammoth backlog of cases existing in India but India does not have expert individuals and firms to implement this ambitious project. There is an emergent need to not only bring transparency and fairness in the judicial dealings in India but also to train and make the judicial officers more competent and up to date. It is high time to do something lest people of India loose their faith in Indian judiciary absolutely.

A blue print of the National Mission for Delivery of Justice and Legal Reforms (NMDJLR) has been recently released by the Law Minister M Veerappa Moily. Judicial reforms in India have become the pressing need of the hour. This is so because the huge backlog of cases is increasing on the one hand and the efficiency of the courts is decreasing on the other. This is happening because the numbers of judicial officers are much shorter than the required strength. If there is not an urgent, immediate and holistic judicial reforms drive in India, the judicial system of India is going to collapse.

E-Courts in India have tremendous potential to reduce the backlog of cases. However, establishment and implementation of e-courts requires techno-legal expertise that is presently missing in India. As a result e-courts projects in India always failed from time to time.

Fortunately, the NMDJLR Plan has many good suggestion that if implemented would be very beneficial for the judicial and legal reforms in India. The problem seems to be lack of “techno-legal expertise” in this regard. India has been evading establishing e-courts since 2003. Even today we come across various media reports claiming establishment of e-courts in India. The mechanism of e-courts facilitates the filing of applications, arguments through the electronic mode, submission of documents and evidence using ICT, etc. Till now none of the essential features of e-courts have been utilised in India.

The NMDJLR Plan has appreciated some of the prerequisites of e-courts and mentioned them in its document. They have to be complied with if we have to establish real and effective e-courts in India. Only time will tell whether the NMDJLR Plan would die in the absence of political will and techno-legal expertise or the government of India would actively use the techno-legal services of world renowned firms like Perry4Law to accomplish it.

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

Crime and Criminal Tracking Network & Systems (CCTNS) Project Of India

Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project) has been approved by the Cabinet Committee on Economic Affairs. It has a financial cushion of Rs.2000 Crores as per the 11th Five Year Plan.

The Project would be initiated by the Ministry of Home Affairs and implemented by the National Crime Records Bureau. The CCTNS project is to be implemented in a manner where the major role would lie with the State Governments in order to bring in the requisite stakes, ownership and commitment, and only certain core components would be in the hands of the Central Government, apart from the required review and monitoring of project implementation on a continuing basis.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, “CCTNS Project is a complicated and time consuming initiative. It must be preceded by suitable “Policy Framework” as well as by “Adequate Techno-Legal Training” of the persons going to manage the same”.

CCTNS Project needs “Techno-Legal Training” to succeed. The stakes are high so must be the training and development standards.

Judicial And Legal Reforms In India

India is in emergent need to adopt judicial reform as public trust and confidence in Indian judiciary is at its nadir. E-Courts have the potential to remove the mammoth backlog of cases existing in India but India does not have expert individuals and firms to implement this ambitious project. There is an emergent need to not only bring transparency and fairness in the judicial dealings in India but also to train and make the judicial officers more competent and up to date. It is high time to do something lest people of India loose their faith in Indian judiciary absolutely.

A blue print of the National Mission for Delivery of Justice and Legal Reforms (NMDJLR) has been recently released by the Law Minister M Veerappa Moily. Judicial reforms in India have become the pressing need of the hour. This is so because the huge backlog of cases is increasing on the one hand and the efficiency of the courts is decreasing on the other. This is happening because the numbers of judicial officers are much shorter than the required strength. If there is not an urgent, immediate and holistic judicial reforms drive in India, the judicial system of India is going to collapse.

E-Courts in India have tremendous potential to reduce the backlog of cases. However, establishment and implementation of e-courts requires techno-legal expertise that is presently missing in India. As a result e-courts projects in India always failed from time to time.

Fortunately, the NMDJLR Plan has many good suggestion that if implemented would be very beneficial for the judicial and legal reforms in India. The problem seems to be lack of “techno-legal expertise” in this regard. India has been evading establishing e-courts since 2003. Even today we come across various media reports claiming establishment of e-courts in India. The mechanism of e-courts facilitates the filing of applications, arguments through the electronic mode, submission of documents and evidence using ICT, etc. Till now none of the essential features of e-courts have been utilised in India.

The NMDJLR Plan has appreciated some of the prerequisites of e-courts and mentioned them in its document. They have to be complied with if we have to establish real and effective e-courts in India. Only time will tell whether the NMDJLR Plan would die in the absence of political will and techno-legal expertise or the government of India would actively use the techno-legal services of world renowned firms like Perry4Law to accomplish it.

Online Education In India Is At Grave Risk

Indian educational industry has lot of potentials provided we make a proper education policy in India. Education and skill development is at the core of a trained and talented manpower. This is more so regarding e-learning in India and online education in India. However, if the educational policy can be circumvented and defeated by weak and criminal friendly cyber laws, little can be hoped from the same. Unfortunately, this is exactly what the Indian educational policy is currently suffering from.

Firstly there was a failure of the online examination conducted by IGNOU and now we witnessed collapse of Common Admission Test (CAT) exams. This shows that India is still not ready for online education and e-learning in India.

This is, however, not the real problem as a graver problem is still awaiting for us. None other than the government of India (GOI) can be held responsible for this fiasco. The GOI amended the sole cyber law of India, i.e. Information Technology Act, 2000 (IT Act, 2000) through Information Technology Act, 2008 (IT Act, 2008). From here starts the real trouble and demise of Indian online educational system.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law the IT Act, 2008 made almost all (except few like cyber terrorism) the possible cyber crimes “bailable”. This has made India a “Safe Heaven” for cyber criminals. Think about a situation where the online exam or entrance is going on and someone collapses the servers through hacking, virus introduction, etc. Even if the police is able to trace such culprit, he would be released on bail. This practically means that a competitor can create havoc with the online education system of another with no deterrent at all, says Dalal.

It is clear that 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. 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: MERINEWS

E-Learning Is A Government Induced Failure In India

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.

Firstly there was a failure of the online examination conducted by IGNOU and now we witnessed collapse of Common Admission Test (CAT) exams. This shows that India is still not ready for online education and e-learning in India.

This is, however, not the real problem as a graver problem is still awaiting for us. None other than the government of India (GOI) can be held responsible for this fiasco. The GOI amended the sole cyber law of India, i.e. Information Technology Act, 2000 (IT Act, 2000) through Information Technology Act, 2008 (IT Act, 2008). From here starts the real trouble and demise of Indian online educational system.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law the IT Act, 2008 made almost all (except few like cyber terrorism) the possible cyber crimes “bailable”. This has made India a “Safe Heaven” for cyber criminals. Think about a situation where the online exam or entrance is going on and someone collapses the servers through hacking, virus introduction, etc. Even if the police is able to trace such culprit, he would be released on bail. This practically means that a competitor can create havoc with the online education system of another with no deterrent at all, says Dalal.

It is clear that 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. 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: GROUND REPORT

Best E-Courts Training Firms, Consultants And Experts In India

Law is an ongoing process and so is its adjudication process. This mandates that lawyers and judges must keep themselves abreast of the latest and contemporary legal arenas. Globally, cyber law and other technology laws have posed difficulties before the lawyers and judges to understand and apply these technology laws effectively.

Judges in India need to be Trained in the Techno-Legal Fields like Cyber Law, Cyber Forensics and other Technology Laws. Services of World Reputed Techno-Legal Firms like Perry4Law and world renowned Techno-Legal Experts like Praveen Dalal must be actively sought in this regard. Perry4Law is the exclusive firm in India that also provides Techno-Legal Training, Consultancy and Management Support for effective use of E-Courts in India.

According to Praveen Dalal the proposed opening of E-Court in Delhi High Court in the Month of December, 2009 could be good step in the right direction provided it is not another court in the “papers only”. He informed that India has been claiming opening of e-courts since 2003 and till now not even a single e-court is operational in India despite contrary claims. No court is e-court till cases can be filed and contested in an online environment and till now India has no such capabilities, says Dalal.

No numbers of judicial reforms can succeed till the judicial officers are well versed in contemporary laws and technology laws are proving this concept. It is high time that India must do the best it could do in this regard other than opening e-courts on papers only.

SOURCE: MERINEWS

Techno-Legal Training Of Judges In India Is Required

Judges in India need to be Trained in the Techno-Legal Fields like Cyber Law, Cyber Forensics and other Technology Laws. Services of World Reputed Techno-Legal Firms like Perry4Law must be actively sought in this regard. Perry4Law is the Exclusive Firm that also provides Techno-Legal Training for effective use of E-Courts in India.

Law is an ongoing process and so is its adjudication process. This mandates that lawyers and judges must keep themselves abreast of the latest and contemporary legal arenas. Globally, cyber law and other technology laws have posed difficulties before the lawyers and judges to understand and apply these technology laws effectively.

Cyber law of India has also posed such difficulties before the lawyers and judges in India. Even the law enforcement has found it difficult to tackle the cyber crimes effectively and mostly they try to evade registering cyber crimes. Even if these cyber offences have been registered, most of the judges do not understand the fine details of these cyber laws. Worst of them all is the fact that even if a cyber crime case is accepted in a court of law, there are very few cyber crime convictions in India. This shows the present cyber crime prevention and enforcement conditions in India.

The solution seems to be to educate and train police force, lawyers and judges in India. As far as judiciary in India is concerned, there is an emergent need to provide Techno-Legal Training to judges in India as soon as possible. Judicial hierarchy in India is three tiers in nature. On the lowest rung is the District Court, then comes the High Courts and finally the Supreme Court of India. The maximum numbers of judicial officers are at the lowest rung and it would be a gigantic task to educate and train them in technology laws. They also play the most important role in the justice dispensation of India. For these reasons, it is absolutely necessary to start training of judicial officers from the lowest rung to the highest tier.

No numbers of judicial reforms can succeed till the judicial officers are well versed in contemporary laws and technology laws are proving this concept. It is high time that India must do the best it could do in this regard.

SOURCE: GROUND REPORT

Legal Framework For Law Enforcement And Intelligence Agencies In India

Lawlessness and unreasonableness is guaranteed if there is no accountability. Accountability is absent when there is no legal framework for those managing essential governmental functions challenging the human rights and fundamental rights of the affected persons. Perry4Law has provided a “10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India” to the Government of India. This article is an abstract of the same.

Legal framework is the backbone for any crucial function of the government. This is more so where the law enforcement and intelligence activities of the State are involved. Law enforcement and intelligence activities and functions touch the most basic aspects of a person’s life. That is why we have strong human rights and constitutional protections that safeguard the life and liberties of such persons.

It would be both ironical as well as violation of basic human rights and fundamental rights if the law enforcement and intelligence activities are conducted in an illegal, unreasonable and improper manner. The duties, functions, liabilities and rights of these law enforcement and intelligence agencies must be specified in an unambiguous and proper manner. There is no scope for any sort of ambiguity in these functions of the State.

For instance, the British Security Service is one of three intelligence services or “Agencies”. These include the Secret Intelligence Service (SIS), commonly known as MI6, the Governmental Communications Headquarters (GCHQ), and the Security Service (MI-5). While there are significant differences between the British and US legal structures for law enforcement and intelligence services, MI6 is most like the CIA, GCHQ resembles the NSA, and the Security Service most closely resembles the FBI. All of them are constituted under duly enacted legislative frameworks. Surprisingly, India has taken a very strange approach in this regard.

The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. 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.

The winter session of the Parliament is going on and a holistic and sensible approach in this crucial direction would go a long way in providing a durable law enforcement and intelligence agencies legal framework in India.

SOURCE: MERINEWS

Indian Supreme Court Collegium Under Fire

In an unusual display of assertiveness, the nation’s top lawyers berated the Supreme Court on Saturday for its prolonged indecision on whether chief justice of Karnataka high court, P D Dinakaran, could be promoted despite allegations of corruption and land grabbing.

At a seminar on judicial reforms Fali Nariman exhorted his fraternity to keep away from the benches of even the five seniormost judges of the Supreme Court who constitute the collegium that recommended his appointment.

MORE AT TOI

E-Courts Experts And Consultants In India

E-Courts in India is a much needed initiative. It has, however, always remained an unfulfilled dream. The reason being that there is a dearth of Techno-Legal expertise in India and e-courts cannot be established in India till we have that expertise.

In a welcome step, the Delhi High Court has decided to establish the first e-court of India. The same would be operational by December 8, 2009 in the court of Justice S Ravindra Bhat. It intends to provide SMS alerts about court hearings to advocates and litigants, summons sent through emails, e-stamps instead of stamp paper, recording of evidence through video-conferencing, virtual tour of court premises, etc.

Being in the initial phase, other crucial aspects of e-courts would be taken up in the due course of time. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India has welcomed this step of Delhi High Court. He maintains that this was the most needed action on the part of Indian Judiciary to bring speedier justice at the doorsteps of the litigants. He, however, said that establishment of e-court would require tremendous domain specific techno-legal expertise and in the absence of the same e-courts project is bound to fail.

Only time would tell whether this initiative of Delhi High Court would ultimately succeed or it would prove to b just another press release without actual e-court capabilities. The moment e-filing, presentation, contest and adjudication of the cases would start, India would surely be capable of establishing e-courts. In the absence of these capabilities, we have to wait for few more years to get speedier justice in India.

SOURCE: GROUN REPORT

International Commercial Arbitration And Dispute Resolution In India

The scope of International Commercial Dispute Resolution (ICDR) Services in India is increasing day by day. ICDR can be availed of 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 just illustrative as the business transactions are too many to categorised here.

The traditional litigation methods of dispute resolution are not very helpful for such high staked commercial disputes. This has necessitated the requirement for Alternative Dispute Resolution (ADR) mechanisms like Arbitration, Mediation, Conciliation, etc. India provides world class “ADR Services” for various fields including those for ICDR.

ICDR in India can be conducted either as “Ad hoc arbitration” or as “Institutional Arbitration”. India has tremendous capabilities for both these forms of dispute resolution. However, India is lacking on the front of use of information and communication technology (ICT) for dispute resolution. This has resulted in a limited growth of Online Dispute Resolution (ODR) in India.

ICDR can be greatly benefited by the use of ODR in India. All we need to do is to strengthen Techno-Legal Services in India.

SOURCE: GROUND REPORT

Cyber Crimes In India Must Be Taken Seriously

Cyber law of India was originally enacted in the year 2000 in the form of Information Technology Act, 2000 (IT Act 2000). The same was dealing with certain specific (not all) cyber crimes including hacking.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the Information Technology Amendment Act 2008 (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.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India. 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.

SOURCE: GROUND REPORT

Adjudicating Officer And Cyber Appellate Tribunal Claimed To Be Appointed

In pursuance of provisions of section 46 of the Information Technology Act, 2000, Secretary of the Department of Information Technology of each State and Union Territory have been appointed as Adjudicating Officer to hold an inquiry for civil cyber contraventions.Further, under the provisions of section 48 of the same act, a Cyber Appellate Tribunal has also been set up to hear appeals arising out of decisions of Adjudicating Officers.The adjudicating Officers and Cyber Appellate Tribunal have the powers of a civil court for the purposes of discharging their functions under the Act.

This was stated by Shri Sachin Pilot, Minister of State for Communications and Information Technology in Lok Sabha.


SOURCE: INDLAWNEWS

Indian Copyright Act Is Due For Amendments

The ministry of human resource development is amending the Copyright Act so that artists such as playback singers, lyricists and film directors can earn royalty each time their product is used in any media. The Bill is almost ready and would be placed before the cabinet in two weeks’ time and would be tabled in Parliament in the winter session, a ministry official said, speaking on condition of anonymity.

The government has gained the Opposition’s support for the Bill. I am of the view that none should have an opinion against such a change in the Copyright Act which would benefit the artists, said Arun Jaitley, leader of the Opposition in Rajya Sabha. But I have also received letters from the media houses who seem to be against any such move.

SOURCE: LIVEMINT