E-Courts In India

Electronic courts (e-courts) have assumed great importance these days. The benefits of technology to reduce arrears of cases and to enhance transparency and accountability cannot be ignored any more.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have done tremendous work in this crucial direction. In fact, Perry4Law and PTLB have been providing the exclusive techno legal services pertaining to e-courts in India.

In this post we are covering some of the landmark and crucial works undertaken by Perry4Law and PTLB in this regard. These are:

(1) E-Courts In India: An Essential Judicial Reform

(2) E-Courts In India Still A Distant Dream

(3) Establishment Of E-Courts In India And Their Implementation

(4) E-Courts In India Needed

(5) Techno Legal E-Courts Training And Consultancy Centre Of India

(6) E-Courts In India Still A Dream

(7) E-Courts Project Of India

(8) Electronic Delivery Of Justice In India: Why It Failed?

(9) E-Delivery Of Justice In India Needed

(10) E-Courts Consultants In India

(11) Techno Legal E-Courts Services In India

(12) E-Courts In India Must Be Expedited

(13) Why E-Courts In India Failed?

(14) E-Courts In India

(15) Skill Development For E-Courts Of India

(16) The Truth About E-Courts Of India

(17) E-Courts Infrastructure Of India Needs Rejuvenation

(18) E-Courts Project Of India

(19) E-Courts And ODR In India

We hope that all stakeholders would find these resource useful.

Technical Skills Development In India

India is facing a mammoth task of imparting skills to its young generation so that unemployed youths can be accommodated in various segments of the employment system of India. With the educational system of India on the verge of collapse, skills development in India is needed as soon as possible.

Skills development in India and the vocational education and training system of India must be strengthened. Wherever Indian government lacks the necessary expertise, help of private sector must be taken. Further, online skills development in India must be encouraged to impart skills and trainings to maximum number of candidates.

Perry4Law and Perry4Law Techno Legal Base (PTLB) are the leading techno legal skills and trainings providers of India. Perry4Law and PTLB are providing exclusive techno legal skills development in India and world wide. The techno legal trainings of Perry4Law and PTLB are provided in an online environment and through distance learning mode so that both national and international students can be accommodated there.

Perry4Law and PTLB are world renowned for ensuring skill development in India for technical education. They provide the most extensive technical and technological skills development In India.  

If you are interested in technical education and skill development in India in general and any techno legal courses of PTLB in particular, you can fill the application form that can be downloaded from here. Additional information in this regard can be found here.

Cloud Computing Legal Environment

The legal regime of cloud computing in India is still not codified. Perry4Law and Perry4Law Techno Legal Base (PTLB) have provided enough techno legal materials to codify the cloud computing legal framework in India.

We have compiled a list of these techno legal research works of Perry4Law and PTLB so that cloud computing stakeholders in India can have a ready reference in this regard. According to us, the following works of Perry4Law and PTLB must be read by all concerned:

(1) E-Discovery For Cloud Computing In India

(2) Legal And Regulatory Issues Of Cloud Computing In India

(3) Is Cloud Computing A Viable Solution In India?

(4) Cloud Computing Training In India By PTLB

(5) Legal Risks Of Cloud Computing In India

(6) Cloud Computing in India Is Still Not Trusted

(7) Legal Issues Of Cloud Computing In India

(8) Cloud Computing: A New Landmine For Privacy In India

(9) Cloud Computing Security In India

(10) Legal Framework For Cloud Computing In India

(11) Cloud Computing Regulations In India Missing

(12) Cloud Computing Policy Of India

(13) India Is Not Ready For M-Governance And Cloud Computing

(14) Cloud Computing Due Diligence In India

(15) Cloud Computing Training And Courses In India

(16) Virtualisation, Cloud Solutions And Encryption Usage In India

(17) Regulatory Framework For Cloud Computing In India

(18) Cloud Computing in India Is Risky

(19) India Should Not Use SaaS For Crucial Governmental Functions

(20) Infosys And CII Endorsed Opinion Of Perry4Law On Cloud Computing Regulation

(21) Cloud Computing Policy Of India

(22) Should India Use Cloud Computing?

(23) Cyber Security Of Social Networks And Cloud Computing

We hope cloud computing players in India would find these resources useful.

Google and Indian Government Censoring Radia Tapes News

Once again Google is censoring news in India. Once again Google is trying to prevent the dirty linen of Indian government from being displayed publically. However, neither Google nor Indian government can hide corruption, scams and controversies as they cannot curb the online media as per their own political interests.  

According to the latest alert by the exclusive blog on censorship initiatives of Google and Indian government, Google has once again obliged Indian government by succumbing to its censorship request. Thus, Google continues to censor news in India on behalf of Indian government.

Google has censored the news item titled “Radia Tapes, Ratan Tata’s Privacy, Fundamental Rights and Public Interest” on 05-09-2012. At the time of writing of this article on 06-09-2012, the news item is still censored. Even the posts pertaining to this disclosure at censorship blog and other blogs have been manipulated and censored by Google.

We would come up with more updates in this regard very soon. Further, we also plan to provide a consolidated post covering all these articles at a single place so that it can be circulated to maximum number of individuals.

Radia Tapes Related News Censored By Google

Indian government has a strange method to deal with corruption. Instead of elimination of corruption, the Indian government tries to eliminate corruption exposing news. This is not new for us as we have been facing censorship at the hands of Google and Indian government for long.

As per the latest alert by the exclusive blog on censorship initiatives of Google and Indian government, Google has once again obliged Indian government by becoming its censorship buddy. Thus, Google continues to censor news in India on behalf of Indian government.

Google has censored the news item titled “Radia Tapes, Ratan Tata’s Privacy, Fundamental Rights and Public Interest” on 05-09-2012. It seems the Indian government has become too fussy about disclosing the source of leaks of Radia tapes. The Supreme Court of India has been asking for long about the source of leak, but Indian government does not care. In the end we would never know who leaked the tapes.

This censorship act has another important aspect attached to it. By censoring the news regarding demands for strengthening and preserving public interest, Indian government is also indirectly trying to manipulate proceeding at the Supreme Court. This is clearly against the rights provided by Indian constitution.

According to Praveen Dalal, leading techno legal expert of Asia and managing partner of ICT law firm Perry4Law, “The Indian Constitutional Scheme is based upon “Balance of Rights” and no right is absolute in nature. In case of conflict between two Fundamental Rights, the Fundamental Right that strengthens and substantiate the Public Interest should prevail”. Hence if there is a conflict between Right to Privacy and Right to Information/know, information can be disclosed in certain circumstances to substantiate and strengthen Public Interest, opines Dalal. 

Thus, the present censorship act is not only violative of our freedom of speech and expression but also our right to information. Similarly, it is also a direct attempt to curb public interest so that corruption related activities remain under cover. We will update all on this issue very soon. We also expect that Supreme Court of India would take note of these negative tactics of Google and Indian government.

Indian E-Commerce Environment

In this article we would cover the legal environment for starting e-commerce business in India. The same has been provided by India’s exclusive techno legal ICT law firm Perry4Law and its techno legal segment Perry4Law Techno Legal Base (PTLB).

Interested e-commerce stakeholders may consult the following resources in this regard:

(1)  E-commerce laws and regulations in India

(2) Legal requirements to start an e-commerce website in India

(3) Legal Formalities required for starting e-commerce business in India

(4) Legal issues of e-commerce in India

(5) Pharmaceuticals e-commerce legal issues in India

(6) Online shopping in India: legal and cyber security issues

(7) Regulatory and legislative measures to check online pharmacies trading in banned drugs in India

(8) Electronic trading of medical drugs in India

(9) Digital communication channels for drugs and healthcare products in India

(10) Cash on delivery may harm e-commerce in India

(11) E-Commerce lawyers and law firms in India

(12) E-commerce dispute resolution in India

(13) Online dispute resolution for cross border e-commerce transactions

(14) E-health laws and regulations in India

We hope all e-commerce stakeholders would find these resources useful.

Cyber Law And Cyber Security Updates-31-08-2012

In this August 2012 edition, we are covering important cyber law and cyber security related articles of India. These are as follows:

(1) Why India Is Ignoring Cyber Security? –This article is discussing about the sad position pertaining to cyber security condition of India. It is also advocating adoption of effective cyber security in India as soon as possible. 

(2) Cyber Security Of Power Sector In India- This article is discussing the position of cyber security in India pertaining to power grids and power sector of India. Till now Indian government has failed to consider this aspect.

(3) Chandigarh Considering Cyber Security Model Of UK- Another incidence where India is blindly adopting foreign models without analysing its pros and cons.

(4) Electronic Discovery (E-Discovery) Challenges In India- This article is discussing the e-discovery challenges that Indian e-discovery professionals and stakeholders must take care of.

(5) Cyber Security Challenges In India- This good article by India’s exclusive techno legal ICT law firm Perry4Law and leading techno legal institutions of India PTLB  discusses various cyber security challenges of India that it is currently facing.

(6) Cyber Security Challenges For The Smart Grids In India- Smart grids and power sector of India are facing sever cyber security risks. This article is addressing these issues along with possible solutions for the same.

(7) Cyber War Against India: Is It Real?- The hysterical media of India labels every cyberspace activity as cyber war. This article is removing the general misconceptions regarding cyber war and its applicability to India.

(8) Cyber Security For Power Energy And Utilities In India- Cyber security for power energy and utilities of India has recently received attention of all, including Indian government. However, the loopholes are still looming large and this article discusses the same.

(9) India's Cyber Security Challenges- This article is another wake up call in the series to the Indian government by Perry4Law and PTLB. The cyber security issues and challenges of India have been appropriately addressed by this article.

We hope you would find these updates useful.

Cyber Forensics Companies and Firms In India Must Innovate

One thing common among the cyber law trends in India, cyber crimes trends in India and the cyber security trends in India provided by Perry4Law and Perry4Law Techno Legal Base (PTLB) is the growing number and incidences of cyber crimes in India and cyber attacks against India.

Naturally, India needs effective cyber laws, robust cyber security and appropriate cyber forensics capabilities. Cyber forensics in India is still trying to catch up with the techno savvy criminals who are defeating the law enforcement agencies and legal system of India.

Even on the front of cyber forensics skills and capabilities, there are very few cyber forensics firms and companies in India. We have a single techno legal cyber forensics research centre of India that is managed by Perry4Law, PTLB and Perry4Law Techno Legal ICT Training Centre (PTLITC).

So why is it that we have such low numbers of cyber forensics experts and firms in India? The problem lies with the educational system of India that has ignored professional and vocational skills for decades. Another related problem in this regard is the indifferent and discouraging attitude of Indian government towards seeking services and cooperation of cyber forensics laws firms of India like Perry4Law.

If right individuals, firms, and companies are not at right place at the right time, the end result would always be injurious to India. However, Indian government is least bothered to appreciate this aspect.

In these circumstances, the online cyber forensics courses and trainings in India by private players become very important. For instance, the virtual campus for cyber forensics education in India by PTLB is a good initiative that can help in bridging the cyber forensics skills gap of India.

We need more educational institutions, firms and companies that can provide trainings and education in the field of cyber forensics. In order to achieve this cyber forensics companies and firms in India must innovate and dare to explore new areas.

Further, the attitude of Indian government towards existing cyber forensics education providers of India must be more liberal. They must be extended more facilities, grants and recognition so that professional cyber forensics trainings and education in India can flourish.

Legal E-Discovery Services In India

Legal process outsourcing (LPO) and legal knowledge process outsourcing (KPO) have changed dramatically in India due to the recent events. The Supreme Court of India has declared that foreign law firms, LPOs/legal KPOs, chartered accountant firms, etc cannot practice law in India anymore.

The term legal practice has been interpreted by the Supreme Court as covering both litigation and non litigation related aspects of legal practice in India. This means that only Indian lawyers enrolled under respective bar councils and actually practicing law are entitled to provide LPO/legal KPO, consultancy, litigation, non litigation, agreement drafting and vetting and all other legal services in India. 

In short, legal practice in India, both litigation and non litigation, has now become an exclusive professional area for Indian advocates alone. All LPOs/legal KPOs providing legal services in India would be engaging in illegal activities and bar council of India can take action against them.

Similarly, all such legal services by these foreign law firm/lawyers, LPOs, legal KPOs, CA/CS firms, audit and accountant firms, etc are illegal in nature and thus risky to take. Clearly, legal services in India are under metamorphism.

With a general ban upon foreign and non legal personnel to practice law in India, Indian lawyers and law firms must now deliver and rise up to the occasion. This is more so regarding information and communication technology (ICT) related legal fields.

For instance, cyber lawyers in India is need of the hour due to growing ICT related cases in India. Similarly, lawyers must be aware of cyber security, cyber forensics, cyber law, e-discovery and many similar techno legal issues. 

E-discovery outsourcing to India is going to increase in the near future. With foreign lawyers and law firms out of the picture, Indian law firms like Perry4Law would play a more pro active role in this regard. This is more so as even non legal e-discovery firms would be prevented to operate in India due to the recent order of Supreme Court.

Electronic discovery (E-Discovery) services in India would be in much demand as more and more technology related issues are giving rise to legal disputes. Although we have no norms for electronic discovery (e-discovery) in India as on the date yet they may be formulated very soon.

With the active use of virtual data rooms for legal compliances in India e-discovery could see a jump in India. E-discovery for cloud computing in India and e-discovery for social media in India are some of the areas where ICT law firms like Perry4Law are providing their services in India. If you have e-discovery requirements, you may consider seeking services of law firms like Perry4Law as other may be banned in India.

Distance Learning Courses For Computer Forensics In India

Computer forensics in India is one area that Indian government must take very seriously. Presently, the educational system of India is not conducive to produce sufficient number of computer forensics professionals in India. In fact, there are very few educational institutions that are providing computer forensics courses in India.

Another related problem is that the higher legal education in India is not only outdated and needs urgent reforms but also suffering from corrupt practices. PhDs in India are dying due to indifferent attitude of Indian government towards these vices of educational system of India.

The need of the hour is to bring educational reforms in India on the one hand and development of techno legal skills development in India on the other hand. Although the legal fraternity of India is getting serious yet legal education in India is getting worst.

In the absence of a pro active role by the traditional educational systems of India, private players have to fill the gap. However, even private initiatives in this regard are not enough.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal computer forensics training institution of India. PTLB e-learning platform is providing various computer forensics trainings in India. The computer forensics trainings in India by PTLB are specifically designed to provide best practical trainings and education.

If you are interested in the distance learning cyber forensics courses in India, you can fill the application form that can be downloaded from here. Additional information in this regard can be found here.

Legal Practice In India Now Exclusively Belongs To Advocates

With the passing of recent interim order by the Supreme Court of India, foreign law firms, LPOs and chartered accountant (CA)/whole time company secretary (CS) firms cannot provide legal services in India anymore.

Now only advocates enrolled as per the provisions of Advocates Act, 1961 can engage in litigation and non litigation related services in India. This includes consultancy, opinion giving, drafting of agreement and their vetting, litigation in courts, etc.

As a natural corollary, those who are not entitled to practice law in India in any of its form and still providing legal services would be doing the same illegally. It is also possible that suitable legal actions can be taken against such persons.

Further, the legal sanctity of such illegal legal services may also be doubtful. Legal service seekers must ensure that those professionals providing litigation and non litigation related services in India are enrolled with the Bar Council of India/State and not engaged in other part time/whole time employment.

Further, whole time practicing CAs and CS cannot practice law and this judgement equally affects them as well.

This also means that foreign law firms and LPOs cannot practice either litigation or non litigation related issues in India anymore. This also means that Indian LPO service providers like Perry4Law would witness an enhanced role in the LPO segment of India.

Let us see how things would take a shape from here.

Cyber Forensics Polls By Perry4Law And PTLB

In order to ensure better cyber forensics environment in India, Perry4Law and PTLB have been conducting polls to ascertain whether India has sufficient cyber forensics capabilities?

The first poll is available at the cyber forensics in India blog of Perry4Law and immediately below the blog archives segment. Only 5 days are remaining so cast your votes immediately.

The second poll is available at Linkedin under the polls segment. Click to the recent polls and there you would find the poll in this regard. It would be there for a month. Cast your votes immediately.

The result of the polls would be shared by Perry4Law and PTLB with all the stakeholders if sufficient database and information is available in this regard. So kindly vote at these polls and encourage your friends to do it as well.

The result of these polls would also be shared with Indian government with suitable suggestions and recommendation from Perry4Law, PTLB, general public and all stakeholders.

If you need a better legal and judicial system that can fight against growing cyber crimes and cyber attacks against India, kindly do the needful.

Cyber Forensics: A Much Needed Skill

Cyber forensics has been long ignored in India for long. Now Indian government has shown some indications that cyber forensics would be considered to be a part of Indian law enforcement requirements.

Cyber forensics is also required to strengthen the cyber security capabilities of India. In fact, a cyber security policy of India is already in pipeline. However, the missing links of cyber security in India and cyber forensics in India are still glaring at the face of governmental claims.

Cyber forensics in India is not in a good shape. In fact, cyber forensics and Indian approach in this regard is not conducive for the long term growth and development of cyber forensics in India.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and leading techno legal specialist of Asia, Cyber Forensics has not found favour with the Executive, Judiciary, Legislature and the Administrative Branches of India. We have no dedicated Cyber Forensics Laws in India.

Clearly, cyber forensics in India needs rejuvenation and it is for the Indian government to take immediate steps in this regard.

Internet And Human Rights In India

Information and communication technology (ICT) has brought many novel challenges before governments, international organisations and individuals in one form or another. ICT has also introduced many challenges that require an appraisal of the rights and obligations of those using ICT in general and Internet in particular.

Human rights protection in Indian cyberspace is an ignored world. Very few are aware of the importance of this issues and even the mainstream media is ignorant about the importance of safeguarding human rights in cyberspace. This is the reason why the traditional mainstream media is occasionally defeated by social media websites these days.

The position of United Nations and human Rights in cyberspace is still not clear. Naturally, human rights protection in cyberspace is still in the process of contemplation alone. UN must realise that protecting human rights in cyberspace is its solemn duty that it has failed to discharge so far.

In the past as well suggestions have been given by many techno legal experts to UN to ensure protection of human rights in cyberspace. However, this issue seems to be a complicated one as UN is taking lots of time to protect human rights in cyberspace.

The World community on Human Rights, Cyber Law and Cyber Security must start thinking in this direction as issues like Cyber Warfare, Cyber Terrorism, Cyber Espionage, Cyber Crimes, E-Surveillance, Unlawful Interceptions, etc are “Transnational” in nature, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB and the exclusive Cyberspace Human Rights Protection Centre of India.

Clearly, the United Nations must protect human rights in cyberspace and keep a close watch upon Internet censorship, e-surveillance, human rights violations in cyberspace and similar activities.

Take the example of India. The lawful interception law is needed in India and the same is still missing despite contrary governmental claims. Till now, phone tapping in India is not constitutionally performed. The truth is that big brother in India is violating Indian constitution and even courts are silent on this aspect.

Indian government has been taking many steps that are strengthening its e-surveillance and censorship capabilities without meeting the constitutional requirements. For instance, the central monitoring system project of India,  national cyber coordination centre (NCCC) of India, national intelligence grid (Natgrid), national counter terrorism centre (NCTC) of India, Aadhar project of India, etc are all proposed without any legal framework supervising and justifying their functioning.

It is high time that UN must take notice of such developments worldwide.

Vodafone Taxation Dispute In India And Censorship By Google

Vodafone taxation dispute in India has witnessed many ups and downs. Finally, it has reached at a stage where the Parliament of India has to intervene to conclusively settle the same.

Once bitten twice shy. This adage aptly applies to Indian government. Handed with a defeat at the Supreme Court level, now Indian government is planning to bring amendments in the tax law of India.

Simultaneously, Indian government has also introduced consolidated FDI policy of India 2012. The new FDI policy is clearly safeguarding Indian interests unlike the previous one that was specifically crafted to sub serve private interests.

The current budget session (April-May 2012) is going on and the proposed amendments may be placed in the first week of May 2012. Let us see how Vodafone and other telecom sector players would respond to these developments.

In the meantime censorship of controversial news by Google is in full force. Vodafone taxation related news is frequented censored in India these days. For instance, this post did not appear at all in the news while this post appeared and then disappeared within half an hour of its posting.

It is only after making the issue public that the latter post resurfaced. But this has become a standard practice of Google and Indian government for which neither is providing any explanation.

It seems either Google or Indian government is openly and blatantly abusing the controversial Information Technology (Intermediaries Guidelines) Rules 2011 of India.  In fact, a motion for annulment of intermediary guidelines has already been moved In the Rajya Sabha.

It is high time for both Google and Indian government to clarify their respective stands in this regard as civil liberties of Indians in cyberspace is clearly violated through these censorship activities.  

E-Commerce Legal Requirements In India

Many entrepreneurs are jumping upon e-commerce wagon band in India without realising that e-commerce also requires legal compliances. For them mere opening of a website is enough to start e-commerce business in India.

These entrepreneurs cannot be blamed as cyber law awareness in India is missing. E-commerce laws in India are still evolving and e-commerce stakeholders in India are not aware of cyber law due diligence in India.

However, ignorance of law is no excuse. This is more so when the cyber due diligence for Indian companies is now well established. For instance, cyber due diligence for foreign websites in India, cyber due diligence for press and media in India, cyber due diligence for PayPal and online payment transferor in India, etc have already been discussed.

Thus, if you are planning to open an e-commerce business in India, legal formalities required for starting e-commerce business in India must be well understood. Similarly, legal requirements to start an e-commerce website In India must also be well understood.

In short, legal requirements of undertaking e-commerce in India must be duly complied with in order to get maximum benefits out of e-commerce business in India.

E-Courts Consultants In India

E-courts in India are still a distant dream. Till now not even a single e-court has been established in any state of India. Lack of techno-legal expertise is the main reason for the current scenario. Further, governmental and judicial resolve to establish e-courts in India is also missing.

As far as techno legal expertise is concerned, we have a single techno legal e-courts training and consultancy centre of India managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). Similarly, we have very few e-courts consultants in India that can successfully implement any e-court project in India or abroad.

Fortunately the e-justice and dispute resolution in India has been strengthened by Perry4Law and PTLB. It has been reported that Perry4Law and PTLB have launched dedicated portals pertaining to electronic courts, e-judiciary, ODR India, online arbitration, etc.

From a mere perusal of these initiatives it is clear that these initiatives are covering crucial issues like online dispute resolution (ODR), e-courts, e-judiciary, online arbitration, etc.

So far neither Indian government nor Indian judiciary has taken any concrete steps towards use of ODR and e-courts in India. While other countries are exploring active use of e-courts and ODR India on the other hand is still engrossed in purchase of computers and printers.

Till now there is no facility of e-filing in India at the lower courts. Litigants are still required to be physically present at court premises to submit their digital media and electronic documents.

Indian government has taken almost a decade to decide whether e-courts would be used in India or not? It is high time for Indian government to actually act rather than keep on thinking for another decade.

Indian government can also take help of techno legal consultants who are well aware of the details of both technical and legal aspects. Of course, the option of approaching Perry4Law and PTLB is the best one if the Indian government wants best and instant results.

TRAI Accepted Suggestions Of Perry4Law On Telecom Policy Of India

The Telecom Regulatory Authority of India (TRAI) has recently suggested the National Telecom Policy 2012 of India. It has suggested many important reforms and changes that if implemented would make the telecom sector safe and secure.

It seems TRAI has considered a wide range of techno legal reforms while suggesting the proposed 2012 policy. Many of the reforms suggested by TRAI are reiteration of the recommendations given by Perry4Law and Perry4Law Techno Legal Base (PTLB). Nevertheless they are good suggestions that must be implemented by the department of telecommunication (DoT), India.

Some of the suggestions of Perry4Law and PTLB that have been accepted by TRAI pertain to issues like:

(a) Establishing servers in India,

(b) Establishing cloud computing legal framework in India,

(c) Establishment of telecom security in India,

(d) Reconciling privacy rights and law enforcement requirements,

(e) Reconciling privacy rights and national security requirements,

(f) Adoption of lawful interception methods,

(g) Telecom dispute resolution reforms in India,

(h) Crisis management and emergency response services,

(i) Delivery of e-services in a time bound manner,

(j) Digitisation of governmental records,

(k) Establishing cloud computing best practices in India,

(l) Encryption and privacy issues of cloud computing,

(m) Establishing a centralised monitoring system in India, etc.

Clearly, the telecom policy 2012 is moving towards consumer and end user empowerment. The ball is now in the court of DoT and Indian government and let us see how they would react to the suggestions of Perry4Law and TRAI.

Cyber Law, IPRs, ICANN, NCTC And Education Updates 25-02-2012

This is a very crucial and interesting update. It covers areas as wide as cyber law, intellectual property rights (IPRs), ICANN’s new generic top level domain registrations, online cyber law, cyber forensics and ethical hacking education and training in India, national counter terrorism centre (NCTC), phone tapping in India, trademark and copyright violations by Google, censorship of NCTC and controversial results by Google in India, etc.

The relevant updates in this regard are:

(1) Big Brother Must Not Overstep The Limits
‎
(2) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed
‎
(3) NCTC Of India Facing Stiff Oppositions
‎
(4) National Counter Terrorism Centre (NCTC) of India Is Required
‎
(5) NCTC, Intelligence Agencies And Censorship By Google In India
‎
(6) Google Censored NCTC News And Blog Posts In India

(7) ICANN’s New Generic Top-Level Domains (GTLDs) Registration: Risks And Benefits Analysis

(8) Risks And Benefits Analysis Of ICANN’s New GTLDs Registrations

(9) Legal Rights Objections Under ICANN's New GTLD Domain Registration Program

(10) ICANN’s New Generic Top-Level Domains (GTLDs) Registration In Progress

(11) Is Google Ignoring Trademark Violations Claims And Passing Off Remedies?

(12) Legal E-Learning In India Would Grow

(13) Online Cyber Law Education In India

(14) Online Cyber Forensics Courses In India

(15) Lawyers Training And Education In India

(16) Ethical Hacking Training In India

(17) Cyber Law And Ethical Hacking Courses In India

(18) Online Ethical Hacking Courses In India

(19) Ethical Hacking Training In India

(20) Online Legal Courses In India

(21) Online Legal Courses In India By PTLB

(22) Cyber Due Diligence For Foreign Websites In India

(23) National Counter Terrorism Centre (NCTC) of India Is Required

(24) NCTC Of India Facing Stiff Oppositions

(25) Constitutionality Of NCTC Challenged Before Madras High Court

(26) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed

(27) Parliamentary Oversight Of Intelligence Agencies Of India Is Missing

(28) NCTC, Intelligence Agencies And Censorship By Google In India

(29) Phone Tapping Laws In India Required

(30) Phone Tapping Law In India

(31) New GTLDs Applicants Must Ensure Due Diligence Before Applying

(32) National Counter Terrorism Centre (NCTC) of India

(33) Google Is Censoring NCTC And Intelligence Agencies Related Results In India

(34) Google Censored NCTC News And Blog Posts In India

We hope the readers would find this update very useful.

Cyber Law, IPRs, Privacy, Data Protection And E-Discovery Updates 08-02-2012

This work is providing some very crucial updates provided by many blogs in the fields like cyber law, intellectual property rights (IPRs), privacy rights and privacy laws, data protection, data security, Internet intermediary liability, content removals, e-discovery, etc.

The following posts are worth considering in this regard:

(1) Data protection laws in India,

(2) Privacy rights and laws in India,

(3) Civil liberties protection in cyberspace,

(4) Privacy rights, privacy laws and data protection laws in India

(5) Google’s strategy to tackle Indian legal disputes

(5) Google and Facebook to remove offending contents

(7) Google must address trademarks violations complaints

(8) Remedies for small copyright claims in United States

(9) DMCA compliant to Google Incorporation and legal notice to Google India

(10) Google’s Adwords and Adsense trademark policy

(11) Google’s new privacy policy and terms of service (ToR)

(12) India must invent alternative to DMCA complaints to Google and others

(13) Google and Facebook must comply with Indian laws

(14) National telecom security policy of India

(15) National Telecom Network Security Coordination Board (NTNSCB) of India

(16) Are Google, Facebook, etc heading for a trouble?

(17) Modernisation of Postal Department Of India

(18) Internet Intermediary Liability In India

(19) Legal arsenal for Delhi High Court to decide Google and Facebook case

(20) Will Delhi High Court deliver cyber justice to India?

(21) Video conferencing is a trouble technology in India

(22) Is Google deliberately avoiding compliance with Indian laws?

(23) Blogger is making country specific redirections

(24) Cyber litigations against foreign websites in India

(25) Websites blocking in India

(26) Information Technology (Intermediaries Guidelines) Rules, 2011

(27) Google, Facebook, etc must appoint nodal officers in India

(28) E-discovery for social media in India

(29) Data rooms and legal compliances in India

(30) Virtual data rooms and legal compliances in India

(31) Online legal due diligence in India

(32) Virtual legal due diligence in India

We hope you would find these updates useful.

Google Blogspot Platform Is Providing Country Specific Results

As you are aware, Google is planning to use a new privacy policy and terms of service (ToS) on 01-01-2012. Many people have raised valid concerns that this may be adoption of a more intrusive and e-surveillance oriented approach by Google. On the other hand, consolidation of various privacy policies and ToS at a single place has many benefits and advantages as well.

Only time would tell whether the new privacy policy and ToS of Google would be beneficial or counter productive. However, its effects have already been visible. In the past, Google has been giving country specific news and SERPs. To meet this objective Google has been using the internet protocol (IP) address of the user.

This is a serious issue that may have grave privacy violation implications. IP based results are also the requirement for Google to place the most relevant online advertisement based upon users location, behaviour and tastes. This policy of Google deserves to be taken note of by the federal trade commission and department of justice of United States.

However, the most bizarre act of Google is bifurcation of blogspot domain into India specific results and non India specific results. If you are an Indian blogger at blogspot domain, you must have realised that your blog’s address is automatically assigned to ***.blogspot.in instead of the ***.blogspot.com.

The legality of various acts and omissions of Google Incorporation and Google India need to be legally scrutinised. Google is already facing a criminal trail in India for non removal of objectionable contents. Similarly, a DMCA notice to Google Incorporation and legal notice to Google India has also been served. In other cases, it appear that Google is deliberately ignoring and violating Indian laws like copyright law, trademarks law and cyber law of India.

Undoubtedly, Google must comply with Indian laws to escape various civil and criminal liabilities. Similarly, India must also develop alternative mechanisms to DMCA notice that Google and others must follow. This is more so when the cyber litigations against foreign websites would increase in India.

The latest privacy policy and ToS of Google as well as providing Indian and non Indian based blogspot results is not going in the right direction. There is a need to analyse the same and federal trade commission and department of justice of United States and Indian government must legally scrutinise the same. The possibilities of any unfair trade practice by Google must be ruled out before Google’s new privacy policy and ToS are made operational.

Is Google Deliberately Avoiding Compliance Of Indian Laws?

Something terribly wrong is happening at Google India office and functions. Whether it is compliance with Indian intellectual property laws or cyber law or screening of India specific search results, everything seems to be in real mess at Google India’s part.

Recently, posts pertaining to the controversial non allowance of video conference of Salman Rushdie were mysterically removed from India specific SERPs and blog search. They reappeared only after this issue was publically discussed by us. Now SERPs of DMCA complaint with Google are not appearing properly in India.

However, the real problem seems to be that Google India in general and Google Incorporation in particular is not complying with the laws of India and legitimate demands arising out of the same. Even if DMCA procedure is followed, Google Incorporation and Google India are not complying with US and Indian laws respectively.

This situation urgently demands that India must establish an alternative legal regime that does not need to be DMCA compliant. In fact, Perry4Law Techno Legal Base (PTLB) has recommended some measures that can solve this problem of non following of Indian laws by companies like Google, Facebook, Wordpress, etc.

PTLB has suggested the following:

(1) All subsidiary/Joint ventures companies in India, especially those dealing in information technology and online environment, must mandatorily establish a server in India. Otherwise, such companies and their websites should not be allowed to operate in India.

(2) A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India.

(3) More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites.

These are strong suggestions that can provide the requisite legal arsenal to the Delhi High Court that is currently hearing the case of Google, Facebook, etc. The Delhi High Court would hear Google, Facebook, etc on 02-02-2012 and there is nothing that prevents it from taking a judicial note of these suggestions.

Video Conferencing Is A Troubled Technology In India

Information and communication technology (ICT) is increasingly posing challenges before Indian government. Sometimes, novel situations and challenges are posed before Indian government that they have to resolve. This is the reason why companies like Google and Facebook are fighting legal battles in India.

There is no second opinion that India is anxious to control information technology. Measures like Internet censorship, websites blocking, etc have been devised by India to take control of technology. However, no matter howsoever hard Indian government would try; technological issues would keep on teasing Indian government.

The latest to add to this list is use of video conferencing in India. The recent episode of Rajasthan government and Rajasthan police not allowing the video conferencing of Salman Rushdie affirms this struggle.

We have no dedicated video conferencing laws and regulations in India. Obviously, we have no dedicated video conferencing blocking laws in India as well. In the absence of a clear cut law, Indian government is following procedures that do not justify its stand.

There is an urgent need to formulate sufficient rules or guidelines in this regard so that illegal vide conferencing blocking in India can be curbed.