Centre For Protection Of Human Rights In Cyberspace Launched In India

The Natgrid Project of India has been stalled due to lack of safeguards as prescribed by techno-legal experts like Praveen Dalal. This has also shown that India has no legal framework for protection of civil liberties in cyberspace. Fortunately, Perry4Law has launched the first and exclusive Techno-Legal Human Rights Protection Centre in India. The basic purpose of this initiative is to strengthen the human rights protection in cyberspace that is increasingly violated by governments and private individuals alike. Further, the resource also intends to provide good and effective legal framework for protection of civil liberties in cyberspace.

Human Rights Protection in Cyberspace is a tricky issue. On the one hand we have to respect the civil liberties like right to privacy, right to speech and expression, right against Internet censorship, etc whereas on the other hand we have to comply with the State’s right to regulate its citizens and territories. Here comes the real problem as Internet or cyberspace is boundary less.

The problem is not unique to India alone but is a universal problem. Whether it is the “anonymity controversy” regarding Google or recent controversy regarding “censorship” by China or the blocking of the website of zone-h.org in India or any other similar incidence, governments all over the world are unable to cope up with the present information and communication technology (ICT) systems. As a result they are superimposing the traditional concepts to cyberspace resulting in absurd results, says Praveen Dalal, leading techno-legal expert of India.

There is an emergent need to formulate good techno-legal regulation regarding human right protection in cyberspace. We cannot blindly apply the traditional concepts to cyberspace and we need a separate and dedicate branch of techno-legal laws and regulation in this regard. In the Indian context one such initiative has already been undertaken by Perry4Law.

The initiative intends to provide a techno-legal framework to the stakeholders and governments. In the Indian context, it would cover those areas that have a tendency to violate human rights in real life as well as cyberspace. Some of the areas include Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

The “suggestions” of Praveen Dalal regarding privacy protection and prevention of potential misuse of information for political ends gathered through NATGRID have already been accepted by the Cabinet Committee on Security (CCS) of India. In the end, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

Let us hope that the proposed initiative on protection of civil liberties in cyberspace would prove useful to all concerned.

SOURCE: GROUND REPORT

Inadequate Safeguards Stalled Natgrid Temporarily

The proposal to launch national intelligence grid (NATGRID) in India was recently considered by Cabinet Committee on Security (CCS) of India. The CCS took a clue from precautionary advice given by techno-legal expert Praveen Dalal 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.

A “dedicated resource” in this regard has been launched by Perry4Law in this regard that may be helpful for the Indian government while implementing projects like Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

The basic purpose of this initiative is to strengthen the human rights protection in cyberspace that is increasingly violated by governments and private individuals alike. Further, the resource also intends to provide good and effective legal framework for protection of civil liberties in cyberspace.

SOURCE: ITVOIR

Cabinet Committee On Security Of India Accepted Expert’s Suggestions On Natgrid

Recently the proposal to establish national intelligence grid (NATGRID) in India was considered by Cabinet Committee on Security (CCS) of India. However, the CCS was advised in advanced by techno-legal experts like Praveen Dalal 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.

In the past Praveen Dalal has suggested that NATGRID is an essential requirement for robust and effective intelligence agencies and law enforcement functions in India. The only requirement is to ensure that its abuses can be anticipated, prevented and remedied.

The Home Ministry of India would now start fresh discussions with various stakeholders to ensure that NATGRID may not be abused in future. The task is difficult and it would be beneficial to consult good techno-legal experts in this regard.

The most important aspect that must be kept in mind by the government of India is that it must reconcile the national security aspects of India with human rights protection in cyberspace. This is a difficult task especially in the absence of a dedicate privacy law and data protection law in India, says Praveen Dalal.

A “dedicated resource” in this regard has been launched by Perry4Law [http://perry4law.com/hr/index.html] in this regard that may be helpful for the Indian government while implementing projects like Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

SOURCE: MYNEWS

Law Enforcement Debacle In India

Law enforcement in India is conducted by numerous law enforcement agencies. At the Union (federal) level, the agencies are part of the Union Ministry of Home Affairs, and support the States in their duties. Since the federal nature of the Constitution of India mandates law and order as a subject of the State, the bulk of the policing lies with the respective States and territories. Larger cities also operate metropolitan police, also under the State government. All senior police officers in the State police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS).

Law enforcement in India is passing through a bad phase. It is facing many challenges. For instance, there is an urgent need to “reconcile” the interests of State and Center while maintaining law enforcement problems in India. Further, Law enforcement and intelligence agencies are virtually governed by no law in India. The government of India has still to enact suitable laws in this crucial direction. In the absence of the same, there are great chances that instances of lack of mutual understanding and cooperation between Center and State police force may increase. Similarly, law enforcement in India is also not well equipped to tackle new age crimes like cyber crimes. In such eventuality it is difficult to believe that India can manage an ambitious project like Crime and Criminal Tracking Network and Systems (CCTNS).

The law and order situation in India is under great strain. It is very important that law enforcement in India should be so equipped that they operate on the frontiers of modern knowledge. They should be well versed in subjects like cyber crimes, in the disaster management activities of the State because in India disasters are now becoming more and more frequent. At a time when the trust and respect for judiciary in India is declining, weak and deficient law enforcement machinery is the last thing India needs. There is an emergent need of legal, judicial and police reforms in India.

SOURCE: MYNEWS

Decisions Management Of Cyber Security Issues In India

Cyber security of India is a neglected field. Even when we talk and think about this crucial aspect, we tend to adopt an approach that presupposes that procurement of technology is the best solution. We do not analyse the pros and cons of any technological deployment.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law “The cyber security capabilities of a nation is as strong as is its weakest link. If the weakest link is exploited, even the most robust and secure security systems can be collapsed in minutes.

For instance, the Pentagon has fixed a security breach that allowed insurgents to hack into data feeds from pilotless "drone" aircraft that provide real-time video of war zones. Iraqi militants are using a 25.95 US dollars software named SkyGrabber to shoot down highly sophisticated US drones. SkyGrabber helps in capturing the drone feeds in order to neutralise the same. This means we have to apply common sense first before relying upon and procuring technology worth of millions, says Dalal.

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

The defense forces of India must pay adequate attention towards securing strategic IT assets from hacking and other cyber attacks. Equally important is the requirement of protecting critical ICT infrastructure of India.

Indian approach in this regard is not sensible at all. We should not invest thousands of crores of Indian rupees into security projects that can be manipulated and sabotaged in minutes. Rather we should first analyse the weaknesses and security holes of the same before buying and installing it, suggests Praveen Dalal.

It seems security of a nation is proper application of “common sense” rather than wasting unlimited amount of money. Crime and Criminal Tracking Network & Systems (CCTNS), Unique Identification Authority of India (UIAI), Rs 800 crores centralised facility to control phone tapping activities in India, etc are some of the projects that require common sense application before their implementation.

SOURCE: ITVOIR

Crime and Criminal Tracking Network And Systems Of India

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

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

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

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

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

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