Wednesday, March 30, 2011

Cyber Crime Fight Is Hampered By Lack Of Harmonisation

Cyber crime is a global menace whereas its dealing is a territorial aspect. This has resulted in inadequate and ineffective measures to fight against cyber crimes. There is no universally acceptable cyber crime treaty of the world. Further, India is also not a part of any treaty or convention on cyber crimes.

European Union (EU) has in the past tired to being international norms in this regard through the EU convention on cyber crime. However, not all countries of the world are member party to this convention. In fact Indian response to the international cyber crime treaty is somewhat indifferent.

India has its own Cyber Law in the form of Information Technology Act 2000. It is based upon the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law, informs Praveen Dalal, managing partner of Perry4Law and leading cyber law expert of India. However, India is still not a part of any International Treaty or Convention on Cyber Crimes, informs Dalal.

Indian cyber law is not upto the mark and it deserves to be repealed immediately. The IT Act 2000 was enacted more than 10 years back and since then lots of changes have taken place. Further, India has not yet formulated a cyber crime policy that can effectively deal with cyber law related issues in India.

Indian government is also planning to provide mandatory electronic governance service in India. Further, areas like mobile governance, mobile banking, etc are also being explored by India.

Indian Legal Framework and Administrative Infrastructure are not conductive for issues like Cloud Computing, E-Governance, M-Governance, Mobile Banking, etc, suggests Dalal. Before embarking upon these crucial fields, India must adopt Sound International Practices and Standards, suggest Dalal.

International community, especially European Union, must also work in the direction of formulating a Universally Acceptable Standard so that the fight against Cyber Crimes can be truly Global. Further, International Collaboration in the fields like Law Enforcement Cooperation, Cyber Security Cooperation, etc must also be undertaken, suggests Dalal.

For the time being, global cyber crime fight is hampered due to lack of harmonisation and international standards. This is causing loss and damage to all countries and none is benefited due to this void. Let us hope that international standards and norm regarding cyber crimes would be formulated very soon.

Monday, March 28, 2011

Data Protection Law In India

This is the updated version of my previous article on data protection law in India. Although data protection law in India is urgently required yet Indian government has slept over the issue. Instead of protecting the civil liberties of Indians, it has chosen the opposite method of illegal e-surveillance and eavesdropping.

Even the projects of government of India have been victim of lack of privacy and data protection safeguards in India. Recently, the proposal to establish national counter terrorism centre (NCTC) of India was rejected by Finance Ministry of India citing privacy concerns.

Similarly, the proposal to launch national intelligence grid (Natgrid) in India was recently put on hold by Cabinet Committee on Security (CCS) of India. The CCS took a clue from precautionary advice given by techno-legal experts regarding the possible political misuse and violation of civil liberties of the Indian citizens.

As a result, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders and incorporating adequate safeguards in this regard. CCS must be more proactive regarding data protection and privacy protection requirements of India.

Data protection is an important aspect of privacy rights protection and commercial expediency. On the one hand it ensures that privacy rights are respected by not divulging the sensitive information whereas on the other hand it is “must have” requirement of many business models.

Outsourcing industry relies heavily upon a sufficient and strong data protection law. In the Indian context, outsourcing industry is relying upon contractual terms as there is no dedicated data protection law in India. This is also hampering the outsourcing business to a great extent.

However, although commercial aspects of data protection can be ignored to a certain limit, this cannot be said about the constitutional requirements of privacy protection in India.

According to Praveen Dalal, a Supreme Court lawyers and leading techno legal expert of India, we have no “Dedicated” Data Protection Law in India. Even India does not have a Data Security Law and Privacy Law. This makes the sensitive information and personal details of Indian Citizens “Highly Vulnerable” to misuse, informs Dalal.

If we analyse this situation in the light of recent e-surveillance projects of Indian government, the matter becomes worst. E-surveillance projects like Aadhar/UID, national intelligence grid (Natgrid), crime and criminals tracking networks and systems (CCTNS), central monitoring system (CMS), etc are not supported by any legal framework and parliamentary oversight.

What is ironical is that Intelligence Agencies of India and Law Enforcement Agencies of India themselves are not subject to any “Parliamentary Scrutiny”, informs Praveen Dalal. Indian Government must maintain a “Balance” between National Security and Civil Liberties, suggests Dalal.

When intelligence agencies are themselves outside the purview of parliamentary oversight and there are no privacy laws, data protection laws and data security laws, we cannot trust Indian government and its agencies much. Even the phone tapping in India is done in an unconstitutional manner in India.

In this background, it becomes absolutely essential for the Supreme Court of India to interfere. A writ petition regarding protection of privacy rights of an individual is already pending before the Supreme Court of India. I hope the court would do the justice once more.

Sunday, March 27, 2011

Mandatory E-Governance Services In India

Legal framework for mandatory e-governance services in India is long due. If we make e-governance service optional or discretionary, the whole purpose would be defeated. This is the reason why we need time bound and accountable e-governance based public services in India.

Keeping this objective in mind, the central government formulated the draft electronic delivery of services bill 2011 (EDS Bill 2011). The EDS Bill 2011 intends to provide delivery of government services to all citizens by electronic means by phasing out of manual delivery of services delivered by the government including matters connected therewith or incidental thereto.

The Bill if made a law would require complete overhaul of the present e-governance infrastructure and services delivery mechanism of Indian government. However, the real problem with Indian e-governance initiative is that legal framework for mandatory electronic delivery of services in India is missing, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law.

Till now there was no provision under which citizens could ask for mandatory electronic delivery of services by the government. After the Bill becomes an enforceable law, the Indian Government would be under an obligation to mandatorily provide electronic services to its citizens, opines Dalal.

To effectuate this objective, high-level delegates from all ministries will be meeting next month to decide on a cut off date to switch to total e-governance. However, before introducing it in the Parliament, each ministry will assess its readiness and accordingly fix the timelines for mandatory electronic service delivery in India. However, no department will exceed a cut off date fixed for the country.

I wish this initiative would become reality very soon.

Cyber Security Of Social Networks And Cloud Computing

Cyber security business model has been passing through a transformation phase. This is happening due to the growing pace at which technology is changing and evolving. Newer technologies and concepts are revealed on daily basis giving rise to novel cyber security challenges.

Senior executives of corporations have expressed great concerns regarding their ability to ensure enterprise security arising out of the use of social networking, mobile platforms and cloud computing model. Accessibility, use and control of data and the potential danger of having unauthorised access to confidential and proprietary information is also troubling security professionals.

Mobility, Cloud Computing, Security and Innovation have become the main issues for Cyber Security Professionals, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law. Mobility of handheld devices like cell phone has given rise to Mobile Phone Security Requirements. Similarly, Cloud Computing Security is also becoming a headache, informs Dalal. Cyber Security Requirements and Innovation Requirements of Cyber Security also need to be addressed, says Dalal.

The fact is that digital economy is expanding too fast and this is well beyond the capacities of cyber security professionals. There is an urgent need to safeguard the digital economy from cyber attacks and cyber threats.

At the same time, using concepts like cloud computing, virtualisation services, software as a service, etc also requires a cautious approach. This is more so for India that lacks data security, data protection and privacy laws.

In the absence of legal framework to protect sensitive and commercial data, self protection measures of cyber security must be more robust and effective. Cyber security of social networking sites and cloud computing environment is a challenging task and cyber security professionals must be aware of the cyber threats and must accordingly arrange their cyber security environments.

Saturday, March 26, 2011

Cyber Crime Policy Of India

Cyber crime is an area that requires policy formulation at the national level. In the Indian context, there is no national cyber crimes policy of India. In fact, cyber crime policy and strategies of India is so important that the issue must be taken up by the Prime Minister’s Office (PMO) of India. The present cyber law of India is not effective and PMO must ensure a new cyber law for India.

India needs to do extensive research on the legal and policy related issues pertaining to regulation of cyber crime at the national and global levels. Although India is not a signatory to the EU Convention on Cyber Crimes yet there is no reason for it to remain aloof from International Norms and Standards, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and a Supreme Court lawyer.

India has been lax regarding policy formulation for techno legal issues. For instance, there is no cyber security policy and strategy in India, no national security policy of India, no national security and ICT policy of India, no ICT policy in India, no national ICT crisis management plan of India, etc.

In this background, it is no surprise that we have no cyber crime policy in India as well. When issues like Cyber Terrorism, Cyber Warfare, Cyber Espionage, etc are troubling India, having no Cyber Crime Policy is not a good indication, cautions Dalal.

We must urgently formulate a good and effective Techno Legal Cyber Crime Policy for India, suggests Dalal. It is for the government of India to take the initiative as sooner or later it has to adopt ICT related policies for India. The sooner these policies are adopted the better it would be for the national interest of India.

EU Convention On Cyber Crime

European Union’s Convention on Cyber Crime is the first international treaty on cyber law. The treaty endeavours to regulate cyber crimes at international level by harmonising national laws, improving cyber crimes investigative techniques and increasing cooperation among nations. The treaty came into force on 1 July 2004.

On 1 March 2006 the Additional Protocol to the Convention on Cybercrime came into force. The additional protocol requires the States to punish as a criminal offence the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults.

Among other things, the convention deals with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and lawful interception.

Although the objectives of the convention are praiseworthy, they have been by and large remained unfulfilled, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. For instance, lawful interception laws are missing in most countries including India. Similarly, protecting children in cyberspace from various cyber crimes like cyber stalking, sexual abuses, etc is still an unfulfilled dream, informs Dalal. The truth is that cyberspace is still an unfriendly place for juveniles, says Dalal.

Similarly, on the front of civil liberties in cyberspace as well the convention failed to make much difference. For instance, there should be a balance between law enforcement requirements and civil liberties. However, in the name of national security, human rights are very frequently and openly violated by various nations, including India, informs Dalal.

International cyber law harmonisation is still an unfulfilled dream as various nations are not willing to cooperate in this regard. All nations have their own agendas and priorities that are preventing adoption of an internationally acceptable cyber law treaty.

Online Cyber Law Courses In India

Cyber law is one of the emerging career options. It can be pursued by computer professionals, lawyers, management students, corporate executives, etc. Cyber law is also a very important aspect of legal training and corporate management. Legal and management professionals regularly enroll for cyber law training in India these days.

Cyber due diligence requirements in banks, companies, firms, etc has also increased the scope of cyber law professionals in India. Further, cyber law professionals would also be much required for legal management system of India in future. Cyber crime professionals are also in demand for conducting cyber crime investigations in India.

The present cyber law education trends in India show that online cyber law education in India would be the norm in the near future. Cyber law education through e-learning and online mode has many advantages over the traditional learning model. Professionals from any part of the world can enroll and get good quality cyber law training and education through e-learning method.

In India, Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal online cyber law education and training provider. It provides a good combination of technical as well as legal cyber law education for various professionals.

The online platform of PTLB enables any professional from any part of the world to get enrolled and successfully complete the cyber law and other courses. Once the basic level courses are successfully undertaken, professionals can enroll for higher and specialised techno legal courses of PTLB.

However, professionals should not confine themselves to selective few courses alone. They must develop a habit of engaging in lifelong learning so that their cyber skills can be developed on a continuous basis.

Cyber law is a dedicated field and it requires good aptitude and practical skills. It cannot be practices by getting academic qualifications like diplomas etc. A person must possess practical knowledge to be a successful cyber law professional. Prospective cyber law professionals must keep this aspect in mind while choosing a cyber law education institution.

International Cyber Crime Treaty And India

Cyber law is no more confined to the limits of a nation alone. Being extra territorial in nature, the cyber law of a nation often travels far beyond the territorial jurisdictions of a nation. Realising the practical difficulties of this extra territorial nature of various cyber law, an International cyber law treaty was formulated at the international level.

However, there is no relationship between this international cyber crime treaty and India as India is not a signatory to the same. India is still governed by its distinct cyber law incorporated in the information technology act, 2000 (IT Act 2000).

Recently, efforts were made at the United Nations (UN) to adopt a “more comprehensive” and “truly global” International cyber crime treaty, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. However, the proposal was rejected by UN and till now there is no globally acceptable cyber crime treaty in existence, informs Dalal.

Even the Indian cyber law is far from perfect and it has decayed. It has been amended by the information technology amendment act 2008 (IT Act 2008) that made the sole cyber law of India a big mess. There are no stringent provisions to punish cyber criminals as almost all the cyber crimes have been made bailable by this amendment.

Presently, India is neither following a good model cyber law based upon international standards nor is legislating an effective law that can meet the challenges of contemporary digital economy.

The present cyber law of India is worst than no cyber law at all and it must be repealed as soon as possible. This is more so when India has decided not to sign any international cyber crime treaty and stick to its own domestic legislation.

Thursday, March 24, 2011

Cyber Terrorism In India And Its Preparedness

Cyber terrorism in India is no more a new concept. India has been facing constant cyber security attacks. Further, cyber terrorism attacks are also common in Indian cyberspace though their execution and detection is by and large unnoticeable and undetected in India.

Cyber terrorism is becoming a big nuisance for India and India has to be technologically as well as legally sound to tackle the same. There is an emergent need to amend the cyber law of India, i.e. Information Technology Act, 2000 (IT Act, 2000) in this regard as a single provision is not sufficient as per the cyber law experts.

Even there is no national ICT crisis management plan of India that is addressing the menace of cyber terrorism in India. The critical infrastructure of India has become vulnerable due to inadequate cyber security. This vulnerability can not only be exploited by cyber criminals but also be the cyber terrorists.

Securing the critical national infrastructure of India from cyber attacks should be a priority area for India. This requires formulating a cyber security policy of India that is presently missing. Without a cyber security policy and strategy of India, the cyber security initiatives of India are directionless.

Even there is no legal framework for cyber security in India. By incorporating a few ineffective and irrelevant provisions in the IT Act 2000, Indian government thinks that it has the cyber security law in India.

In fact, cyber terrorism preparedness must be an essential part of the homeland security of India. Homeland security of India must be strengthened and in order to do so we must take care of issues like cyber law, cyber security, cyber espionage, cyber terrorism, cyber warfare, etc.

Homeland Security is in infancy stage in India, says Praveen Dalal, Managing Partner of Perry4Law and leading techno legal expert of India. Further, India also needs a separate Framework for Cyber Security, Critical Infrastructure Protection (CIP), Cyber Terrorism, Cyber Warfare, Homeland Security issues, etc suggest Praveen Dalal.

Clearly, India has not yet taken enough initiatives to tackle the menace of cyber terrorism. Lack of legislative skills seems to be the main reason why India is running short of good and effective cyber legislations.

India must urgently enact a suitable cyber security policy and homeland security that clearly demarcates its preparedness to deal with growing menace of cyber attacks and cyber terrorism activities against India.

Sunday, March 20, 2011

Cyber Security Training In India

Cyber security is a highly complicated and very remunerative profession. It requires tremendous knowledge about computers, networks, computing principles and many more complex aspects.

These days every discipline has become attached to one or more other disciplines. Cyber security has also been clubbed with legal framework world over. Cyber security has essentially become techno legal in nature where it has to cater the requirements of both law and computer science.

However, there are very few techno legal institutions that can provide techno legal cyber security training and education. For instance, we have a single techno legal cyber security research, training and education centre in India. It is managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). We need more such techno legal cyber security institutions in India.

PTLB and Perry4Law are providing cyber security training and education in India through their online platform. The platform also provides training regarding cyber law, cyber forensics, e-courts, etc.

Overall, the position of cyber security is not very good in India. This is mainly attributable to the absence of cyber security policy in India. In the absence of cyber security policy in India, not much attention is given to cyber security research, education and training in India.

Indian government must not only spread cyber law and cyber security awareness in India but must also work in the direction of strengthening the overall position of cyber security in India.

Friday, March 18, 2011

Securing Critical National Infrastructure From Cyber Attack

Cyber security in India has started gaining attention of Indian government. However, the cyber security initiatives of Indian government are still far from satisfactory. We do not have a cyber security policy in India that clearly stipulates the cyber security strategy of India.

Cyber security of India is also an essential part of National ICT Policy and Strategy of India. However, despite some very good suggestions by experts, India has not taken cyber security seriously. On the other hand, the International Community is focusing really hard to make cyber security an essential part of their day to day lives.

Internationally, it is an accepted fact that to ensure effective cyber security, there must be a coordinated and collaborative approach, metrics and assessment tools must be developed, an effective legal and policy framework for security must be created and the human dimension of security must be addressed.

Although there are numerous aspects of Cyber Security Policy of India yet Critical Infrastructure Protection in India is one of the most important aspects of the same, informs Praveen Dalal, leading techno legal expert of India and managing partner of New Delhi based techno legal law firm Perry4Law. The Critical National Infrastructure of India is under constant cyber attacks and India must urgently do something in this regard, informs Dalal.

Experts like Praveen Dalal also feel that India does not have strong and effective cyber laws to deal with issue pertaining to Critical Infrastructure. India is blind towards cyber law, cyber security and cyber forensics requirements. The IT Act, 2000 is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing Cyber Crimes in India as it is the most Soft and Cyber Criminal Friendly Legislation of the World.

Thus, on all the fronts of policy, legal framework and effective cyber security initiatives, India has failed to give proper attention. In these circumstances, critical national infrastructures of India are at grave cyber security risks. They are vulnerable to cyber threats and cyber attacks. India must urgently do something in this regard as soon as possible.

Online Arbitration In India

Online arbitration in India is at its infancy stage. Online arbitration is also known as cyber arbitration in India. Online arbitration in India is not very popular because there are very few online arbitration and mediation centre in India.

Online arbitration is an essential part of the online dispute resolution (ODR) mechanism. Online dispute resolution in India is still at its initial stages. It is facing many legal and technical roadblocks in India.

Indian arbitration law is incorporated in the arbitration and conciliation act, 1996. With the passage of time, it has become necessary to amend the same. Although much talk about amending the arbitration law of India has already taken place yet no constructive actions have taken so far.

Even the cyber law of India is defective. The information technology act, 2000 is the sole cyber law of India that requires urgent repeal. Further, the national litigation policy of India (NLPI) must also be reformulated as it is not catering the requirements of e-courts and ODR in India.

On the front of research and development as well India need to work hard. We have a single techno legal e-courts training, consultancy and educational centre in India. It is managing many crucial aspects of technology and law like e-courts, ODR, digital evidencing, judges and lawyers training for e-courts and ODR, cyber law trainings, etc. This centre is managed by Perry4Law Techno Legal Base (PTLB), a techno legal segment of Perry4Law.

We need more such techno legal institution that can help in the growth and development of e-courts and ODR in India. Law Minister Veerappa Moily must urgently consider these issues so that online arbitration in India may see the light of the day.

Thursday, March 17, 2011

Encryption Laws In India

Encryption is a mechanism through which the privacy, integrity and security of a communication or electronic transaction is ensured. Encryption strength is measured in terms of bits and the more bits are there the stronger is the encryption methodology used.

Encryption is an essential aspect of cyber security and secure e-commerce transactions. Despite the pressing requirements of formulating encryption laws in India, India has failed to do. Till now encryption standards and norms in India are missing.

In fact, the recent developments in India in this regard are counter production and are going in the wrong direction. For instance, in the urge to have Internet kill switch in India the government and security agencies of India are missing the real point. The truth is that e-surveillance can never be a substitute for sound and effective cyber security capabilities.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, the Information Technology Amendment Act 2008 (IT Act 2008) incorporated a single provision in the form of Section 84A for Encryption Purposes. Although the provision became applicable since 27th October 2009 yet Indian Government has slept over the issue, says Dalal. Indian Government must urgently formulate a Dedicated Encryption Policy of India, suggests Dalal.

Encryption laws and regulations in India are need of the hour. The sooner they are enacted the better it would be for the cyber security and national security of India.

Tuesday, March 8, 2011

Computer Forensics Training In India By PTLB

Computer forensics is a highly specialised field that requires techno legal expertise. Computer forensics is a growing field world over and India is also trying to use computer forensics for its legal and judicial purposes.

Indian legal and judicial fraternity must develop scientific temperament and technical knowledge in fields like cyber law, cyber forensics, e-discovery, digital evidencing, e-courts, etc.

However, computer forensics in India is still at nascent stage and it may take many more years before computer forensics can actually be used in India. Praveen Dalal, noted techno legal and cyber forensics specialist of India, has already written an exclusive book on techno legal aspects of cyber forensics in India. This book may go a long way in bringing actual implementation of cyber forensics in India.

At the same time we need good techno legal training and courses on computer forensics in India. India has a single techno legal cyber forensics research, training and educational institution. It is managed by Perry4Law Techno Legal Base (PTLB). The centre is providing techno legal cyber forensics education, trainings and course in India.

Registration for online education and trainings in the field of cyber forensics and other techno legal courses of PTLB can be done through its online platform. Application form for the enrollment to various courses, internships and trainings can be downloaded from here and more details about the courses of PTLB can be found here.

Computer forensics trainings are required to be undertaken by police officers, public prosecutors, lawyers, judges, etc in India. Initially, the basic level computer forensics training is enough that can subsequently be enhanced to more specialised training.

PTLB also exclusively offers online cyber law and computer forensics training to judges in India and abroad as well. This way the judiciary, especially subordinate judiciary, of India can be greatly benefited. Let us hope, that judges and lawyers in India would avail these exclusive and specialised courses and trainings of PTLB as soon as possible.

Saturday, March 5, 2011

E-Discovery For Due Diligence By Banks In India

Banking sector of India is passing through a reformative phase. Lots of banking reforms are under process and Reserve Bank of India (RBI) is playing a major role in the same. Finance Minister Pranab Mukherjee has been extending his full support for banking and financial sector reforms as well.

Even in the fields of cyber law, cyber security, cyber due diligence, prevention of cyber banking frauds, etc RBI has issued many guidelines through its information technology vision document 2011-17. Some of the mandatory guidelines now require banks of India to appoint chief information officers (CIOs) and steering committees on information security at the board level at the earliest.

In the past, lack of cyber due diligence and absence of CIOs and steering committee has resulted in many cyber crimes and banking frauds. Techno legal experts like Praveen Dalal believe that if a proper cyber due diligence was at place, it could have prevented the recent fraud that was committed at the Gurgaon based branch of Citibank.

Banks in India must understand the importance of e-discovery practices, incidence response, first responder’s roles, cyber due diligence, etc. If banks have a sound e-discovery mechanism, many frauds can be anticipated and prevented before they occur.

E-discovery law in India has still to be enacted. Although India has the cyber law of India incorporated in the form of information technology act 2000 (IT Act 2000) yet it is far from being sufficient for cyber forensics and e-discovery purposes.

Government of India must immediately enact some good technology laws that can cater the requirements of present times. Presently, the IT Act, 2000 needs a complete overhaul as it is not meeting the needs of the hour.

Thursday, March 3, 2011

RBI Releases Its IT Vision Document For 2011-17

The Reserve Bank of India (RBI) has recently released the Report of the High Level Committee (HLC) on the IT Vision of Reserve Bank of India 2011-2017. The HLC report includes the IT Vision document for 2011-17.

RBI has set some very ambitious objectives for itself. These include transforming itself into an information intensive knowledge organisation, harnessing human resource potential, migration to enterprise architecture for IT systems, adopting appropriate business process re-engineering, etc.

RBI has also stressed upon improving its IT governance, effective project management, evolving well defined information policies as well as information security frameworks, better vendor management and outsourcing practices.

The Vision Document suggests commercial banks to move forward from their core banking solutions to enhanced use of IT in areas like MIS, regulatory reporting, overall risk management, financial inclusion and customer relationship management.

It also dwells on possible operational risks arising out of adopting technology in the banking sector which could affect financial stability and emphasises the need for internal controls, risk mitigation systems, fraud detection / prevention and business continuity plans. However, concepts like Internet banking cannot succeed in the absence of legal framework in this regard.

According to Praveen Dalal, leading techno legal expert of India and a Supreme Court lawyer, we have no dedicated Internet Banking Law in India. Although, RBI has issued many guidelines in this regard and even our Information Technology Act, 2000 contains some indirect and implied provisions for Internet Banking yet we need a separate and dedicated law in this regard, opines Dalal.

Similarly, the present banking and other technology related legal frameworks are not conducive for mobile banking in India. We do not have a well developed e-governance infrastructure in India. Similarly, on the front of e-commerce as well, India is not much successful.

RBI will begin implementing the recommendations of the HLC shortly. However, commercial banks in India must not wait for RBI’s initiations in this regard. They must start implementing due diligence requirements as prescribed by RBI as soon as possible.

Online Training Of Judges In India

Judges in India, especially those manning the lower courts, are working really hard. At times they do not have time to even brush up their legal acumen and knowledge. Further, news laws are enacted every year by Indian Parliament and unless the judges attend some refresher course on regular basis, these legislations are not known to them.

However, nothing is more missing than the techno legal training and education of judges at all levels. Judges must be aware of not only legal aspects but also of the technical aspects as well. Laws like cyber law are a good example of techno legal field.

In India, there are very few institutions and centers that are providing techno legal trainings and educations to judges. This is because of the specialised nature of the field. Further, there is no framework for continuing legal education in India (CLE in India) or lifelong learning in India for judges or lawyers.

We have a single techno legal research, training and education centre in India. The same is managed by Perry4Law Techno Legal Base (PTLB). It is providing techno legal training and education to judges, lawyers, police officers, public prosecutors, etc in the fields like cyber law, online dispute resolution (ODR), e-courts, cyber forensics, digital evidencing, etc.

To provide flexibility and extensive cyber law training in India, PTLB has also launched an online platform. The online platform of PTLB allows a lawyer, judge, law enforcement officer corporate executive, etc to sharpen their techno legal skills even at the comfort of their home, offices, chambers or corporate room.

Application form for the enrollment to various courses, internships and trainings can be downloaded from here.

In order to get enrolled, you must duly fill the form and submit the same along with the prescribed fees. For more details regarding the fees, duration of courses, natures of courses, etc see the FAQs.

For lawyers and judges, PTLB has launched a separate platform known as Online Lawyers and Judges Training and Educational Centre of India. In short, it is known as Bar & Bench Training Blog that provides meaningful insight to not only lawyers and judges of India but also world wide.

Judges in India need to enroll to such courses as they must upgrade their concepts on regular basis. Further, the legal education policy of India must also incorporate the model suggested by PTLB. Law Minister Veerappa Moily has been taking many good steps for legal and judicial reforms in India and CLE of judges should be a part of the same.