Cyber Security For Cyber Terrorism In India

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

In the Indian context, we have a very weak cyber law, negligible cyber security and cyber forensics and almost missing legal enablement of ICT systems. In fact legal enablement of ICT in India is in doldrums.

The already weak cyber law of India has further been degraded by the recent amendment through Information Technology Act, 2008. 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. Cyber law of India is incorporated in the Information Technology Act 2000. The same has to be suitably amended to keep itself updated of the contemporary needs.

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. India must address these issues as soon as possible in the largest interests of all concerned.

SOURCE: GROUND REPORT

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

Cyber Terrorism In India Must Be Taken Seriously

BY
TECHTALK & GUNJAN

Cyber law of India has covered a long distance. It has covered a journey from Informationn Technology Act, 2000 (IT Act, 2000) to the Information Technology Amendment Act 2008 (IT Act 2008). Just like any other technology law, the IT Act, 2000 is also far from perfect. Also with the passage of time, new provisions must be incorporated to address the issues of cyber crimes and online transactions.

One such issue that has not received proper attention of the government of India (GOI) pertains to Cyber Terrorism in India. Cyberterrorism is defined by Kevin G. Coleman as “The premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives. Or to intimidate any person in furtherance of such objectives.

Cyber Terrorism in India was first discussed 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.

India Calling For Information Technology Amendment Act 2009

BY

RAM K.KAUSHIK

Cyber law of India is contained in the Information Technology Act, 2000 (IT Act, 2000). The same has been amended by the Information Technology Amendment Act, 2008 (IT Act 2008). However, due to lack of insight and good provisions it has been criticized by many cyber law observers. In fact, Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India has also criticized it on many counts.

Realising the urgency of the situation, union minister for law and justice M Veerappa Moily has also in the past said that the government would bring in amendments to Information Technology and Extradition Act to make them more effective in tackling cyber crime.

It seems that now even the IT Industry has shown its consent and approval for the suggestions of Praveen Dalal regarding bringing suitable amendments in the IT Act 2000. Recently, a national conference on the theme of ‘Information Management, Computing and Security’ (IMCS’09) was organized. Speaking on this occasion, A.N. Shastry, Associate Vice President, Infosys said that the IT Act passed by the Indian government in the year 2000 needs to be revised.

It is surprising that despite so many protests and objections, the government of India gave a green signal to the IT Act 2008. It is high time to amend the IT Act 2000 and this time properly and effectively. There is no scope for making the IT Act 2000 a weak and impotent piece of legislation when it come to cyber crimes as has been done by the IT Act 2008.

Intellectual Property Rights Law Firms In India

Intellectual Property Rights (IPRs) play an important role in the social and economic development of a nation. On the social front they provide a better way of living through innovation and discoveries. On the economic front, they provide monetary power in the hands of those who are the owners of these IPRs.

There are many very good law firms like Perry4Law which provide international level legal IPRs services in India. These include Legal Services pertaining to Copyright, Trademarks, Patents, Geographical Indications, etc. In fact, “Dispute Resolution” through ADR and ODR methods is also becoming a fast trend.

IPRs Law Firms in India need to keep themselves abreast of the latest development at the international level. This includes knowledge about the international norms and treaties governing IPRs worldwide.

Similarly, there is a need of spreading public awareness regarding IPRs in India that is presently lacking. Law Firms in India must play an active role in this regard.

Law Firms In India

Indian has world class Law Firms providing internationally renowned Services. These services range from corporate laws to traditional litigation support. With a change in the global business structures and economic turmoil and metamorphism newer areas for law firms have emerged. Although the potential for these new fields are tremendous yet they also call for domain specific expertise.

The turning point for this change lies in the information and communication technology (ICT) that is streamlining everything in the legal field. For instance, alternative dispute resolution (ADR) mechanisms like arbitration and mediation have now become online dispute resolution (ODR) mechanism. The arbitrators and mediators have now to keep themselves versed with the ODR aspects as well. Similarly, Cyber Laws have also posed a big challenge before the traditional law firms.

These changes have opened new fields for legal professionals in the form of cyber law due diligence compliance, Cyber Forensics Services, ADR and ODR Services, etc. However, there are very few Law Firms who have truly understood this need of the time. One such Law Firm is Perry4Law.

Perry4Law is the “First and Exclusive” Techno-Legal ICT Law Firm of India and one of the few in the World. Perry4Law has been providing Techno-Legal (a) Litigation Services, (b) Consultancy Services, (c) Arbitration And Dispute Resolution Services, (d) Outsourcing Services, (e) Contract And Agreement Drafting Services, and many more “Highly Specialised” and “Domain Specific” Services in India and Worldwide.

Perry4Law is a World renowned name in the Techno-Legal Field. It has domain specific expertise in the fields like Cyber Forensics, Cyber Security, E-Governance, E-Commerce, Cyber Law, Corporate Due Diligence, Corporate Laws, Criminal Laws, Taxation Laws, International Law, Private International Law, Space Laws, Laws For Defense Forces, International Trade, Intellectual Property Rights, etc.

Briefly speaking, Perry4Law provides its Techno-Legal Services in the fields of Antitrust and Competition Laws, Banking Laws and Restructuring, Biotechnology Laws, Business Laws, Commercial Laws, Companies Incorporation, Corporate Laws, Corporate Structuring, Employment Laws, Outsourcing Laws, Indirect Taxation Including Sales Tax, Excise And Customs Laws and Regulations, Information Technology Laws, Infrastructure Projects Laws, Intellectual Property Rights Laws, International Joint Ventures, International Trade Law, Mergers & Acquisitions, Real Estate & Property Laws, Registration of Patents, Registration of Trade Marks, Registration of Copyrights, Registration and Defending various Intellectual Property Rights, Tax Planning And Management, Telecommunications Laws, etc.

Perry4Law provides well known Arbitration and Dispute Resolution Services as well. It has expertise in areas covering Arbitration Laws and Online Dispute Resolutions, International Commercial Arbitration, ICC, AAA, WTO & WIPO Arbitration, Domain Name Dispute Resolution, etc.

Perry4Law provides Techno-Legal and Domain Specific LPO and KPO as well. We also provide services for Contract and Agreement Drafting covering areas like Merger and Acquisitions, Licensing and Distribution Agreements, Outsourcing Agreements, Partnership Agreements, etc.

Interesting persons, clients, institutions, organisations, etc may seek its Professional Services by visiting its “Contact Point” and fulfilling the terms and conditions mentioned therein.

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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.

Techno-Legal Cyber Law Consultancy In India

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.

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.

Visit the “Contact Point” of Perry4Law to get the Techno-Legal Professional assistance.

Best Online Dispute Resolution Service Provider In India

Doing business using e-commerce and e-governance is not always hassle and dispute free. We need alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanism to resolve these disputes easily, economically and in a timely manner.

Perry4Law has been streamlining the ADR and ODR field in India for many years. It Services in this regard are techno-legal in nature and can accommodate highly specialised and domain specific fields.

Perry4Law is in the process of further rejuvenating its ADR and ODR initiatives. All Companies, Individuals, Organisations, etc may visit the “Contact Point” of Perry4Law for its Techno-legal ADR and ODR services and can avoid decades long time consuming litigation method.

Arbitrators, Mediators and Conciliators who are interested in becoming an ADR or ODR Provider/Panelist for Perry4Law must also send an e-mail to express their interest. Panel selection would be governed by the rules and regulations provided separately by Perry4Law to the Panelists.

Due Diligence Under Indian Cyber Law

Not finding a telecom firm of much help in an ongoing investigation, cyber cell of Chandigarh police booked it under various sections of Information Technology Act, 2000 on Saturday. This shows the importance of “Due Diligence” under the Indian cyber law.

Professional firms like Perry4Law can be really helpful in conducting a techno-legal due diligence audit. Perry4Law is the exclusive and most prominent techno-legal firm of India and one of the few in the world.

For getting the professional techno-legal services, visit the “Contact Point” of Perry4law and meet the stipulated conditions.

FUNDING INDIAN TECHNO-LEGAL REGIME

India needs a good and sound techno-legal regime that is presently missing. To fill the gap we need to gather the popular public support. A collective expertise is needed on the lines suggested by Mr. Praveen Dalal, Managing Partner of Perry4Law and India’s best techno-legal expert.

We understand the strength of collective expertise and wisdom. The same may be obtained in the form of financial support, knowledge support, technological support, manpower support, etc.

We are extending our share of efforts through dedicating whatever potential advertisement revenue derived from our platforms to the initiatives, projects, efforts, etc of Perry4Law and its allied institutions.

Join us in this noble cause and safeguard your interests and rights in the cyberspace. Contact pd37 [at] rediffmail [dot] com or perry4law [at] yahoo [dot] com with the subject line “Donation” or “Advertisement” or “Sponsorship” or “Project Funding”, etc for relevant issue.

Any other suggestion and effort in this regard would be highly appreciated.

Sponsors and Research Projects, whether governmental or otherwise are also welcomed.

India Has Officially Become The E-Police State

Cyber law of India has been doomed to its detriment and civil liberties of Indian citizens have been at their nadir. All this has happened due to lack of insight and capabilities of Indian legislation makers. The vested interests have overshadowed public interest and the sole cyber law of India has become an instrumentality for mass deprivation and grave suppression of cyber rights of Indians.

Despite the assurances of the law minister Mr. Molly regarding further amendments in the Information Technology Act, 2008 (IT Act 2008), the same has been notified. This has officially given India the status of a chronic e-surveillance State. The unreasonable and unconstitutional e-surveillance and draconic police state powers conferred by the IT Act 2008 have become the law of the land.

Indians have ceased to hold some of the basic human rights in cyberspace and the omnipresent state powers have doomed the Indian cyber sphere. The accountability is missing and the reasonableness deliberately scrapped off from the provisions contained in the IT Act 2008. Even basic level encryption that is absolutely essential for safe and secure cyber space transactions has been under scrutiny.

It is ironic that the Ministry of Law, Government of India and Mr. Molly finally gave away the freedom and security of India netizens in the hands of otherwise incompetent and inexperienced officials. How the Law Ministry allowed these unconstitutional provisions to be passed is still a bigger mystery?

The IT Act 2008 is a dark moment for the Indians wherein their rights have been curtailed on the one hand and the law has been made impotent on the other. Most of the offences have been made bailable and the deterrent has been lost forever. The misuse of the unbridled powers is very likely to happen as there are no safeguards and reasonable procedures that can prevent the same.

What would be the next step? Perhaps we would not be allowed to write articles like these in future as well if we keep on sleeping like we have been doing in the past.

AUTHOR: SHAYAM PRASAD

SOURCE: MERINEWS

Why Information Technology Amendment Act 2008 is still not notified ?

Information Technology Amendment Act 2008 (IT Act 2008) has always remained a bone of contention for its criminal friendly and police state approach. That is why it never saw the light of the day. The IT Act 2008 is already dead and we must move forward and enact the IT Act 2009 that must be not only comprehensive but holistic as well. It would be a good idea if experts are consulted this time before enacted the IT Act 2009 otherwise it would also face the same fate as it predecessor did.

Surprisingly, there are lots of news that the IT Act 2008 has been notified. The proposed notification seems to be a rumour than reality. The IT Act 2008 must be notified in official gazette by the Central Government u/s 1(2) of the IT Act 2008.

There is no information whatsoever that it has been notified except some news reports. None of these reports have provided either the text of the notification or the link to the website wherein that notification has been published. Even the notification number is missing.

On the other hand there are clear hints from the Law Minister Mr. Molly that the Information Technology Act 2000 and IT Act 2008 would be further amended.

India must appreciate that for a safe and secure cyberspace, we need a good legal framework. The present IT Act, 2000 is a piece make legislation that is weak on the fronts of cyber law, cyber security, cyber forensics, etc.

Similarly, other e-governance projects of government are also in poor state. As each component of e-governance is related to some other one, a deficiency in the basic legal and technological framework would bring sad results for India. It is high time for India to do some good work in the fields of cyber law, cyber security and cyber forensics.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Information Technology Amendment Act 2008: Notified Or Not

There are lots of news that the Information Technology Amendment Act 2008 (IT Act 2008) has been notified. The proposed notification seems to be a rumour than reality. The IT Act 2008 must be notified in official gazette by the Central Government u/s 1(2) of the IT Act 2008.

There is no information whatsoever that it has been notified except some news reports. None of these reports have provided either the text of the notification or the link to the website wherein that notification has been published. Even the notification number is missing.

On the other hand there are clear hints from the Law Minister Mr. Molly that the Information Technology Act 2000 and IT Act 2008 would be further amended.

For reliable and up to date information, keep a check upon the Cyber Law In India resource. More details about the present notification fiasco would be published there very soon.

SOURCE: ITVOIR

Indian Information Technology Amendment Act 2009 In Pipeline

Cyber Law of India is in real bad shape and it requires immediate attention and amendments. The Law Ministry of India has finally shown some interest in this regard by accepting the suggestions of experts like Praveen Dalal.

The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 24th September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice. The fact is that no rights and liabilities can be claimed under the Act 2008 till it is notified by the Central Government U/S 1(2) of the Act 2008.

Although some misinformed and ignorant cyber law observers believe that the IT Act 2008 is a good piece of law yet the Law Ministry of India must remain unaffected and unguided by their claims. The Law Ministry must avoid falling into the traps of the self claimed cyber law experts who are neither lawyers nor have knowledge of cyber law. Further, the Ministry must also not pay much attention to the “bureaucratic alliances and favours” to the industry players who are lobbying real hard to make the Information Technology Act, 2000 (IT Act, 2000) a weak piece of legislation.

It would be good idea to consult real and knowledgeable techno-legal experts this time by the Law Ministry. Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law opined that the Law Ministry of India would commit a big mistake by approving the present IT Act, 2008. On the contrary he suggested that the Law Ministry must “reformulate” the amendments and should come up with the Information Technology Amendment Act, 2009 (IT Act 2009).

The Law Ministry of India has accepted the suggestions of Praveen Dalal regarding introducing IT Act, 2009, strengthening Extradition Law of India to effectively challenge the cyber crimes, including effective provisions regarding cyber war and cyber terrorism in India, International harmonisation of cyber law, providing sound cyber law and cyber security regime in India to encourage foreign direct investment and outsourcing to India, etc.

The IT Act 2009 is expected to be introduced within the next two months during the winter session of the Parliament. Let us hope that we can expect some sensible and effective legislation this time from the Law Ministry and Ministry/Department of Information Technology (DIT) that is neither based upon industry lobbying nor upon the naïve suggestions of the self claimed cyber law experts and corrupt and ignorant bureaucrats.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Techno-Legal Expert Doubts Effectiveness Of Criminal Tracking Network and Systems Of India

Besides having a bad cyber law India also has pathetic cyber security and inadequate cyber forensics capabilities. In the absence of requisite legal framework and expertise, is the government of India justified in spending thousands of crores of hard earned public money on projects that are going to fail? Techno-Legal experts like Praveen Dalal have been reiterating this fact time and again. Will the government of India listen or keep on wasting millions of money upon hit and trial projects?

The Central Government is working upon a Rs 2,000-crore ambitious project titled Crime and Criminal Tracking Network and Systems (CCTNS). Its purpose is to bring all 16,000 police stations in the country under a single network. The same is designed to counter terror challenges and will become operational by 2011-12. The Home Ministry is working on the CCTNS infrastructure. This linking of all police stations with a centralised system would help in easy and effective information sharing and action taking.

However, the real question is will India be in a position to firstly establish and then actually implement this ambitious project? There is no doubt that India does not have experts to establish and manage this highly technical system. Further, even if we train enough people to man this system, it may fail to produce results.

Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law is of the opinion that India should first arrange for good techno-legal experts before jumping upon the technical terrains of CCTNS. He further informs that a similar initiative undertaken by the US Government to modernise the FBI’s crime tracking system known as the Virtual Case File failed miserably due to lack of planning and effective strategies.

The good thing about the proposed CCTNS project is that the government has time to put it in place till 2012. However, keeping in mind the past experience as well as the governmental capabilities this seems to be dream beyond accomplishment. Till the governmental will is there to achieve the results, these highly glamorous projects are at best a bad policy decision to waste hard earned public money.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

DoT Compromised National Security By Succumbing To Global Carriers' Remote Access Demand

The demand for allowing Remote Access (RA) by global carriers in India has got a nod from the Department of Telecom. RA is a provision that will enable them to monitor the services they provide to corporate clients in India from locations abroad.

THE DEPARTMENT of Telecom (DoT) has given nod to the demand by foreign carriers in India- AT&T, British Telecom, France Telecom, Verizon & Cable & Wireless- that their Indian operations be allowed Remote Access (RA), a provision that will enable them to monitor the services they provide to their corporate clients in India from locations abroad.

These global carriers will also be allowed to transfer user information of their clients to locations outside India.

Surprisingly, the intelligence agencies did not raise the national security concerns regarding this crucial decision of the DoT. When the otherwise useful VOIP services have been recommended to be banned by the intelligence bureau (IB) there is no reason why remote access should be allowed.

Is it the double standards adopted by the IB and DoT or are they serving the commercial interests of the big telecom service providers? It is high time that the Central government must step in and take some concrete steps to avoid immature decisions of these natures.Constituting a core group or task force in this regard may be helpful especially for a department like DoT that has been continuously providing absurd policy decisions from time to time.

AUTHOR: RAM.K.KAUSHIK

SOURCE: MERINEWS

Is The Unique Identification Authority of India (UIDAI) Legally Constituted?

India seems to be following the hit and trial method for some of the most crucial projects in India. The end result is obvious, i.e. wastage of crores of public money and violation of civil liberties of the Indian citizens. In this “guest column”, Mr. Praveen Dalal , Managing Partner of Perry4Law has shared his valuable insights in this regard.

India is notoriously infamous for creating authorities and agencies without any legal sanction and framework. Surprisingly, a majority of them pertains to law enforcement and intelligence agencies like CBI, IB, RAW, etc. What India is actually doing is using administrative circulars and executive orders to give legitimacy to these institutions. Why these circulars and orders have still not been declared “unconstitutional” by Indian judiciary is still a bigger mystery?

The latest in the league is the Unique Identification Authority of India (UIAI) managing the proposed Unique Identification Cards for Indian citizens. Where is that authority, what are its rules and regulations, what legal framework is supporting it, what are the legal and technical safeguards available for the possible misuse of the same, etc are some of the questions that would always vex the Indians.

It seems India has developed a habit of constituting “multiple agencies” without and legal framework and sanctions. This would result in more troubles than solutions. None can dispute that the unique identification number's database is too precious to be handled so casually.

On the front of security and safety of unique identification number's database, even Nandan Nilekani has accepted these concerns to be “legitimate one”. For instance, it would be a big task to secure such database from possible hacking and free from any misuse.

Invasion of Privacy of Indian citizens by Indian Government and its Agencies is certainly going to be there in future. This is more so when the Indian Government has openly declared its Policy to adopt endemic surveillance and e-surveillance over Indian citizens. The Indian Government would spend 800 Crores hard earned public money for tapping all phones in real time. Ironically, Indian citizens’ money would be used against Indian only and that also in an illegal and unconstitutional manner.

With the “Judicial Silence Strategy” adopted by the Delhi High Court and Supreme Court of India, the fate of the already scarce Privacy and Data Protection Rights in India is going to face extermination. It would be a good idea to call for explanation form Indian Government and stressing upon establishment of proper safeguards before departing with any sensitive information to the Unique Identification Authority of India (UIAI).

Mr. Praveen Dalal, Managing Partner of Perry4Law, is the Leading Techno-Legal Specialist of India and is an Internationally renowned Expert in the fields of Cyber Forensics, Cyber Security, Cyber Law, etc. These are his personal views and opinion.

AUTHOR: PRAVEEN DALAL

SOURCE: MERINEWS

Police Reforms And Empowerment In India In Pipeline

Pointing out that the 26/11 Mumbai terror strike was the tipping point for revamping the country’s security, Home Minister P. Chidambaram Monday said security and police agencies have to depend increasingly on technology and innovation to combat new-age terror.“This conference must mark the beginning of a process of reinventing the security system in the country. We must learn from our past mistakes. We must also learn from the experience of other countries,” said Chidambaram while addressing a three-day conference of police chiefs at Vigyan Bhavan here.

“It is the neglect of tried and tested methods that has led us to a situation where we seemed unequal to the challenges that face the internal security of the country,” Chidambaram said. However, it is not enough to walk with firm steps on the path that is known. We must also lay out a path forward that will draw heavily upon technology and innovation.”

In this context, Chidambaram pointed to the Crime and Criminal Tracking Network & Systems (CCTNS) and the National Grid (NATGRID). The two ambitious projects, when fully rolled out and implemented would mark a quantum jump in police forces’ ability to counter challenges, the home minister said.

The CCTNS with an outlay of Rs.20 billion aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing at the police station level through adoption of principles of e-governance. It also provides for the creation of a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system around investigation of crime and detection of criminals in real time.

The home minister, who was impressed with New York’s National Counter Terrorism Center (NATC) during his US visit last week, said he wanted to replicate the same in India as well as enlarge the scope of the Mutli-Agency Centre that analyses intelligence inputs. “There is the need to enact a model police Act. Mega-city policing is a new requirement, and there is much to learn from the experiences of other mega-cities. I wish to sharply upgrade our Forensic Science Laboratories and make them among the best in the world.” “Prison reform is also on my agenda,” he said.

The home minister exhorted police chiefs to throw up more ideas and suggestions that would, when implemented, give people a security system they deserve and that will render India a country that is safe for all its people and for all those who visit it.

SOURCE: THAINDIAN

Legal Framework For Law Enforcement And Intelligence Agencies Is Urgently Required In India Says Expert

Mr. B.S.Dalal is the Senior Partner at Perry4Law. He is a qualified Lawyer and Consultant and has vast Techno-Legal experience and expertise. In this precise and apt piece of work he has correctly and wisely put forward the legal dilemma through which the Indian law enforcement and intelligence agencies are undergoing. There is an emergent need on the part of Indian government to resolve these issues as soon as possible.

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 approaching soon 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.

AUTHOR: B.S.DALAL

SOURCE: MYNEWS

Judicial Reforms Are Urgently Required 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.

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.

Here lies the importance of information and communication technology (ICT) for rejuvenating the dying judicial system of India. ICT can provide the most viable solution of e-courts in India for reducing the backlog of cases.

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.

Ironically India has very few e-courts experts who can really give Indian e-courts project a shape. However, till now neither the Indian government nor the Supreme Court e-court committee has seriously though about taking help of the experts in this regard.

Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Specialist of India is of the opinion that we nee pro-active role on the part of government as well as e-court project management team to successfully implement the same. He maintains that the backlog of cases would ultimate crush the legal and judicial system of India if a timely action is not taken immediately. Establishment of timely e-courts is a good option in this regard according to him.

Even on the legislative side as well India is lacking far behind. India has the sole cyber law in the form of information technology act, 2000. The same is inadequate on many counts and cannot accommodate the requisites of e-courts in India. Further issues of cyber forensics and cyber security would also impede the e-courts projects in India. The national e-governance plan must also be suitably reformulated in his regard. The government must act immediately to get the desired results.

Finally, judicial reforms are a “collective task” that cannot be achieved by any single player. The government of India must come up with an expert committee or working group in this regard so that the collective expertise of various experts can be taken at the earliest possible occasion. However, the government of India must act fast before it is too late to do anything.

AUTHOR: EDITOR LNAV

SOURCE: OPEDNEWS

The Demise Of IT Act 2008

Governmental dealings are very apparent provided we are willing to understand and accept the same. For instance, the Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 2nd September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice.

As per the latest report, the government has claimed that it would finalise in a month the rules of the IT Amendment Act, which deals with issues like cyber crime and data interception. "We have already put up draft rules of the IT (Amendment) Act on the website and have also received comments. We are trying to finalise the rules within a month," Department of Information Technology (DIT) Secretary R Chandrashekhar told reporters on the sidelines of a CII conference in New Delhi on Monday.

It is clear that we need to reformulate the IT Act 2000/2008 in order to make it effective. There is neither a requirement nor a possibility that the IT Act, 2008 would be notified by the government of India even after one month. In all probability a new IT Act 2009 would be formulated in the winter session of the Parliament.

The IT Act 2008 is already dead and we must move forward and enact the IT Act 2009 that must be not only comprehensive but holistic as well. It would be a good idea if experts are consulted this time before enacted the IT Act 2009 otherwise it would also face the same fate as it predecessor did.

SOURCE: ITVOIR

Cyber Laws Are Urgently Required To be Strengthened In India

Cyber security is a big challenge for India. The government of India is not only unaware about the basics of cyber security but is also adamant about not bringing suitable changes. Whatever positive development that has taken place in India pertaining to cyber law, cyber security and cyber forensics can be attributed primarily to Mr. Praveen Dalal and Managing Partner of Perry4Law.

The government of India has recently come up with the proposed information technology amendment Act, 2008 that was passed by both rajya sabha and lok sabha without even a discussion or debate. It is only after the strong protest by Perry4Law and Mr. Praveen Dalal that the government is now considering to review its decision before finally coming out with the amended information technology act, 2000. Let us hope the government would seek the expert advice and suggestions of cyber law experts like Mr. Praveen Dalal before finally coming out with the act.

An interesting development that has taken place after the proposed IT Amendment Bill, 2008 is that ASSOCHAM and some others cyber law observers have endorsed and accepted the views and stand of Perry4Law and Mr. Praveen Dalal. They are also insisting upon including provisions for a strong cyber law and effective cyber security in the ultimate IT Act, 2000. It is good to see that even the Indian Judiciary and Supreme Court of India have now endorsed the opinion and vies of Mr. Praveen Dalal and Perry4Law

The rajya sabha and lok sabha have acted not only hastily but also irresponsibly while passing the IT Act Amendment Act, 2008. Surprisingly, till now the amended bill has not been notified by the government of India. It seems the government is not serious about bringing suitable changes in the IT Act, 2000 either due to absence of expertise or due to political reasons. Whatever the reasons may be but the government has no choice but to bell the cat now.

India must appreciate that for a safe and secure cyberspace, we need a good legal framework. The present IT Act, 2000 is a piece make legislation that is weak on the fronts of cyber law, cyber security, cyber forensics, etc. In the absence of a sound legal framework for the ICT systems in India,

Similarly, other e-governance projects of government are also in poor state. As each component of e-governance is related to some other one, a deficiency in the basic legal and technological framework would bring sad results for India. It is high time for India to do some good work in the fields of cyber law, cyber security and cyber forensics.

SOURCE: CLAIRE35

Monopolies And Restrictive Trade Practices Act Will Be Repealed Soon

Section 66 of the Competition Act for repealing the Monopolies and Restrictive Trade Practices (MRTP) Act and dissolution of the MRTP Commission would be notified by Tuesday (1st September 2009), said Salman Khurshid, minister of state for corporate affairs. This move would end the problem of concurrent jurisdiction between the two laws.

The Competition Commision of India (CCI), established in 2003 as an advisory body, got statutory powers in 2007 by an Act of Parliament. Thus, this had necessitated repealment of the MRTP Act.

The minister also said in an interaction with members of PHD Chamber of Commerce, an industry body, that the government was open to a dialogue with the industry to know its apprehension and concerns relating to notification of Section 5 of the Competition Act. The Section related to mergers and amalgamations.

He also said that issues relating to prosecution will be addressed in the New Companies Bill. In the new Bill, many routine defaults will be made compoundable offenses and not treated as criminal offenses.

SOURCE: BUSINESS STANDARD