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.