Google Blogspot Platform Is Providing Country Specific Results

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

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

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

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

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

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

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

Is Google Deliberately Avoiding Compliance Of Indian Laws?

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

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

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

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

PTLB has suggested the following:

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

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

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

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

Can Google And Facebook Be Blocked In India?

Recently we covered an article titled should Wordpress be blocked in India? The article was a result of the increasingly denial of US based and foreign companies to comply with Indian laws like copyright law and cyber law of India. As matters of fact foreign companies are openly violating the intellectual property rights and cyber law of Indians and even if contacted they are not willing to remedy the situation.

Techno legal experts in India have even suggested that US must change its policy towards foreign IP infringements and must stay away from getting involved in controversial laws and actions. However, it seems foreign companies are not listening and experts in India have suggested taking drastic steps like reasonable judicial blocking of such offending websites in India.

According to Praveen Dalal, managing partner of law firm Perry4Law and leading techno legal expert of India, Websites Blocking in India by Judiciary must be Just, Reasonable and Fair. There should not be an “Unreasonable” or “Casual Approach” towards Blocking of Websites in India by Indian Courts. If Websites are “Violating” Laws of India and they have been “Notified” to this effect and still they “do not Remedy the Situation”, then the Safe Harbour Protection under Indian Information Technology Act, 2000 is “Lost” and such Websites/Owners can be Prosecuted in India, informs Praveen Dalal.

This explains the prosecution part of such websites. However, what happens if the prosecuted websites fail to comply with court’s directions? Such Websites can be “Legally Blocked” in India if they fail to “Comply” with Court’s Directions or Directions of Indian Government Agencies like Computer Emergency Response Team, India (CERT-IN) that are duly ordered in this regard by a Designated Officer, informs Praveen Dalal.

The way foreign websites are refusing to comply with Indian laws, blocking of such websites in India is going to increase. In fact, US has proposed laws like Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA) and the "Stop Online Piracy Act (SOPA) that are primarily targeted toward foreign websites blocking, including those of India. India must also enact such law that can block foreign websites if they do not comply with Indian laws.

While pre screening of contents is not possible yet there is nothing that prevents foreign companies from removing objectionable contents. In fact, they are legally bound to remove such offending contents once they become aware of such contents. Cyber due diligence for India companies and foreign websites is now well established and websites owners cannot deny the same.

In fact, the Delhi High Court has today reiterated this position that websites of social networking site Facebook India and search engine Google India can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages.

The court proceedings against Google and Facebook would continue before the magistrate's court and it would decide the fate of these two companies as per Indian laws. The arguments put forward on behalf of Google and Facebook seem to be weak and they must come up with something really brilliant to show that they are compliant with Indian laws.

Cyber Crimes And Role of Media In India

Cyber crimes in India are increasing rapidly. With the proliferation of social media websites in India, cyber crimes have not spared even such social media websites. A lot of cyber crimes, cyber contraventions, intellectual property rights (IPRs) violations, etc are committed due to lack of awareness about cyber law of India.

Further, there are very low cyber crimes convictions in India. This is because the cyber crime investigations in India are not proper due to lack of cyber law and cyber forensics knowledge. There is an urgent need to ensure cyber skills development in India so that cyber crimes can be prosecuted successfully.

Even judiciary needs to reform its practices and working style. Presently civil and criminal cases take decades to resolve and this frustrate the cause of justice. Technological innovations like e-courts, online dispute resolution (ODR), digital evidencing, e-discovery, cyber forensics, etc are still missing from Indian courts. These technological innovations can greatly reduce the time taken by Indian courts to decide cases.

Similarly the role of media in expediting the trials in courts is also well known. Media highlights the societal issues and this force the courts to speed up the matter. While media trial must be avoided yet public awareness must be spread by media so that cases can be debated among Indian masses. Cyber crime cases generally do not attract media attention.

Social media websites are popular places for building new relationships and contacts. However, social media websites are also becoming a place for cyber criminals to indulge in various cyber crimes.

We have no dedicated social media laws in India although guidelines for social media contents monitoring in India may be prescribed. Although we have a cyber law in India in the form of information technology act 2000 (IT Act 2000) yet we have no dedicated social networking laws in India. The cyber law for social media in India needs to be strengthened further keeping in mind a balance between civil liberties and law enforcement requirements.

India Is Anxious To Control Information Technology

This is the updated version of my previous article titled India is desperate to control technology. It has been censored by Google through manual action penalty so it requires reposting for the larger interests of viewers and netizens.

This post has also been censored by Digital Journal where it was originally posted through the infamous trump card of spam communication used by Internet intermediaries and online community.

Of late, spam communications has been used as a façade to violate speech and expression right. It is high time to ensure civil liberties protection in cyberspace as merely saying that Internet access is a human right by United Nations is not going to serve any purpose. If posts are censored by Google after posting, freedom of speech and expression is definitely violated and so are human rights in cyberspace.

Adoption of information and communication technology (ICT) by Indian government seems to be a herculean task. Naturally, if India cannot understand the technology, it would prefer to block the same as whatever we do not understand we fear of the same.

This holds true for India. Instead of befriending technology, Indian government is considering the same its enemy. From Internet censorship to e-surveillance, Indian government has not left any stone unturned.

India has been struggling to deal with technological issues for long. Unable to deal with the same in a constitutional manner, India adopted measures that are detrimental for the growth of the same. These measures can only increase e-corruption and they are detrimental to the interest of India in the long run.

The worst affected area seems to be the cyber law of India incorporated in the information technology act 2000 (IT Act 2000). Cyber law for social media in India is draconian in nature that forces social media websites and Internet intermediaries in India to follow Indian government’s directions.

Recently, Internet intermediaries in India were asked to pre screen contents of users. Companies like Google opposed such move of Indian government. However, this does not stopped Internet censorship in India, e-surveillance in India, etc. Further, even incidences of manual action and censorship and blocking of accounts were witnessed regarding companies like Google and Facebook. In an interesting development Yahoo took Indian government to court over e-surveillance.

It seems human rights in cyberspace need to be strengthened and protected. United Nations needs to step in to prevent encroachment upon civil liberties in cyberspace. Protection of human rights in Indian cyberspace also needs to be taken seriously by Indian government. European Council has already expressed its concerns for cyber attacks and political pressures upon cyber dissidents. It is working in the direction of protecting privacy rights and free speech in cyberspace.

The recent cyber law trends in India and cyber security trends in India are pointing towards reformation of Indian cyber law. Further, even a constitutional phone tapping law in India is urgently required. The year 2011 was a bad year for legislative reforms in India and I hope the year 2012 would not be same.

India Is Desperate To Control Technology

Adoption of information and communication technology (ICT) by Indian government seems to be a herculean task. Naturally, if India cannot understand the technology, it would prefer to block the same as whatever we do not understand we fear of the same.

This holds true for India. Instead of befriending technology, Indian government is considering the same its enemy. From Internet censorship to e-surveillance, Indian government has not left any stone unturned.

India has been struggling to deal with technological issues for long. Unable to deal with the same in a constitutional manner, India adopted measures that are detrimental for the growth of the same. These measures can only increase e-corruption and they are detrimental to the interest of India in the long run.

The worst affected area seems to be the cyber law of India incorporated in the information technology act 2000 (IT Act 2000). Cyber law for social media in India is draconian in nature that forces social media websites and Internet intermediaries in India to follow Indian government’s directions.

Recently, Internet intermediaries in India were asked to pre screen contents of users. Companies like Google opposed such move of Indian government. However, this does not stopped Internet censorship in India, e-surveillance in India, etc. Further, even incidences of manual action and censorship and blocking of accounts were witnessed regarding companies like Google and Facebook. In an interesting development Yahoo took Indian government to court over e-surveillance.

It seems human rights in cyberspace need to be strengthened and protected. United Nations needs to step in to prevent encroachment upon civil liberties in cyberspace. Protection of human rights in Indian cyberspace also needs to be taken seriously by Indian government. European Council has already expressed its concerns for cyber attacks and political pressures upon cyber dissidents. It is working in the direction of protecting privacy rights and free speech in cyberspace.

The recent cyber law trends in India and cyber security trends in India are pointing towards reformation of Indian cyber law. Further, even a constitutional phone tapping law in India is urgently required. The year 2011 was a bad year for legislative reforms in India and I hope the year 2012 would not be same.

Internet Banking Risks In India

Technology has brought many benefits for banking consumers in India. However, technology has also given birth to many unforeseen challenges. Cyber security challenges of Internet banking in India have grown tremendously in the past. In fact, Internet banking in India is not cyber secure despite the recommendations of Reserve Bank of India (RBI). Banks in India are ignoring the cyber security due diligence requirements prescribed by Reserve Bank of India (RBI).

Internet banking is a very important aspect of Indian banking industry. Internet banking not only provides instant banking facilities but it also confers mobility to the account holders. However, cyber security of internet banking infrastructure of India is the need of the hour. Instances of theft of money through hacking of accounts of the accounts holders are fast becoming a trend in India.

This is partly due to the ignorance of the accounts holders and partly due to the weak cyber laws of India. The account holders are increasingly targeted for phishing attacks that result in loosing of sensitive banking information.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, the Information Technology Act 2008 has made most of the cyber crimes and cyber offences “bailable”. India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

This has resulted in an increased spate of cyber crimes including hacking of the e-mail IDs of the Internet banking users and stealing of their money.

Further, India has also become one of the most endemic surveillance societies of the World. Confidential information is already vulnerable and with the proposed Indian plans of installing key loggers at cyber cafes, the same would exclude the use of cyber cafes for these purposes. Although cyber cafés are not a good place to transact confidential matters yet with a poor Internet penetration in India this may still happen, says Dalal.

With a weak cyber law, lack of cyber security awareness and increasing e-surveillance initiatives in India, Internet banking disputes are bound to increase in India. The government is least bothered about these issues and ultimately the account holders would have to bear the financial losses.

E-Commerce Lawyers And Law Firms in India

Electronic commerce (e-commerce) in India is witnessing a rapid growth. As more and more business entities and entrepreneurs are becoming aware of the benefits of online presence and brand promotion and protection in India, e-commerce has become a popular method of doing business. Even domain name protection in India has assumed significance due to this reason.

We have no dedicated e-commerce laws in India. However, the information technology act 2000 (IT Act 2000), which is the sole cyber law of India, is regulating the e-commerce business and transactions in India. Internet intermediaries liability in India under the IT Act 2000 is very stringent.

For instance, the e-commerce players can be held liable for online infringement of copyright in India of the copyright owners. Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.

Further, e-commerce regulatory requirements are techno legal in nature that very few can understand. For instance, Perry4Law is the exclusive techno legal ICT and IP law firm of India and world wide. Among other areas, techno legal services pertaining to e-commerce litigation, consultancy, corporate advisory, contract drafting, etc are by Perry4Law.

Presently, very few lawyers in India familiar with technological aspects in general and e-commerce laws in particular. Lawyers in India need to upgrade their skills and knowledge in the upcoming fields like cyber law, e-commerce, etc.

For e-commerce entrepreneurs and business houses, Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.

A failure to do proper cyber due diligence before opening an e-commerce portal in India may be counter productive and attract fines, penalties and criminal sanctions. It is better if a proper legal due diligence has been done in this regard before opening the e-commerce business in India.

Guidelines For Social Media Contents Monitoring In India

Social networking is an area whose time has come. People across the globe are part of social media and networking platforms. This also applies to India. However, dedicated social networking laws in India and social media laws in India are missing despite much requirement.

Even we have no social media policy of India that governs the use of social media in India. The growing demands for cyber due diligence in India has further necessitated for adopting of a sound social networking policy in India by various stakeholders.

For the first time, a social media framework and guidelines for Indian government organisations has been suggested. However, keeping in mind the past record of Indian government, this may be another proposal that would not be fulfilled.

Cyber law of India has imposed certain restrictions and liabilities upon social networking websites. For instance, social networking sites are liable if they fail to exercise cyber due diligence in India. Similarly, social media is also liable for online IPRs violations, including online copyright violations in India.

Recently Internet intermediaries of India were agitated when they were asked to pre screen users’ contents before posting at their websites. Companies like Google and Facebook were asked to take appropriate steps in this regard. However, lack of adequate Internet intermediary laws in India has proved to be a big hurdle in regulating online contents in India. Google has openly showed its dissatisfaction in this regard to Indian government.

Now Indian government is planning to formulate guidelines for monitoring content on social media platforms and removal of objectionable content from websites. Let us hope the same would be drafted after analysing various merits and demerits of this proposal.

Legal Empowerment Of Indian ICT

Legal empowerment of Indian information and communication technology (ICT) regime is still missing. We have no legal enablement of ICT systems in India in true sense.

Legal enablement of ICT presupposes adoption of a legal framework that can take care of various dealings in the cyberspace.

Cyberspace is very vast and borders less. It is very difficult to regulated cyberspace but national and international laws are required to bring some sort of discipline in the otherwise chaosed cyber world.

Cyber law of India is weak and experts have been suggesting it should be repealed. We have no data protection and privacy laws in India. Even cyber security and cyber forensics laws are missing in India.

On the policy front as well India is lagging far behind. We do not have policies regarding critical ICT infrastructure protection, cyber warfare, cyber security, etc.

India has to do a lot in order to legally empower the ICT usage in India. The sooner it is done the better it would be for India in general and Indian citizens in particular.

Google News Censorship Increased Further

Google has been censoring news results for long. While censoring of unique identification authority of India (UIDAI) related posts is a very regular feature yet censorship and filtering of news regarding international organisations like World Bank and world intellectual property organisation (WIPO) is the latest trend.

For some strange reasons the article titled WIPO patent committee discussed tech transfer and public health has been filtered twice. There is no technical error and webmaster tool of Google is also not showing any error. Even the novel excuse of Google news server 503 error is also missing.

Google has been in controversies from time to time. Whether it is illegal data gathering, censorship of Google news searches, manipulation of search results, etc, Google has been doing it all.

Further, Google has been censoring critical web posts regarding Aadhar project of India and unique identification authority of India (UIDAI) for the past two or more years. Further, it has also temporarily filtered some of our posts questioning the practice of World Bank to grant unaccountable loans to countries like India. Further, international loans and grants related posts questioning the role of World Bank and Indian government are also poorly placed in search results.

It is not clear why Google is doing so. But it would be safe to presume that Google is doing this to safeguard its own commercial interests in India even if means violating civil liberties of Indians. The draconian cyber law of India has finally started showing its true nature. Let us see what is waiting for us in future.

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.

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.

Some Facts About CRAT

There is an urgent need of spreading awareness about cyber law of India. Indian information technology act 2000 (IT Act 2000) carries the cyber law of India. Although it has many wide ramifications yet public at large is not aware about even the most basic ones.

For instance, not much of public is aware about CRAT. It is an important part of cyber disputes adjudication but by and large is still not very active. Cyber law expert Praveen Dalal believes that CRAT needs to take more initiatives to spread public awareness and to start with it must have its own website.

CRAT is presently engaged in spreading awareness among adjudicating officers of various states and this is a good sign, says Dalal.

SOURCE: CIO

Weak Cyber Law Of India Is Resulting In Increased Cyber Crimes In India

Cyber crimes in India are increasing in the absence of a strong and stringent cyber law i.e. Information Technology Act 2000 (IT Act 2000). The ICT Trends of India 2009 have proved that India has failed to enact a strong and stringent Cyber Law in India. On the contrary, the Information Technology Act 2008 (IT Act 2008) has made India a “safe heaven” for cyber criminals, say cyber law experts of India. Even cyber law enforcement is a big challenge in India.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the IT Act 2008 the things have become worst. The IT Act 2008 made almost all the offences and cyber crimes “bailable” It means that even after committing hacking or practically any other and all cyber crimes in India, there is no deterrent effect to prevent them.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, by making the offences and cyber crimes “bailable” India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders.

He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

It is clear that by succumbing to “industrial lobbying” the government of India has done great damage to the national security of India and cyber security of India.

There is nothing that would prevent India from becoming the cyber crime heaven of the World in these circumstances unless a suitable amendment in the IT Act 2000 is made as soon as possible, says Praveen Dalal.

The worst part is that India has also enhanced e-surveillance to further aggravate the problem. The netizens are not safe from cyber crimes and now even the State would infringe their Human Rights and Fundamental Rights. The increased e-surveillance along with unregulated censorship powers has made India cyber law an instrumentality of cyberspace exploitation of netizens rights in India.

SOURCE: MYNEWS

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.

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

Cyber Law Of India And Human Rights

Cyber law of India is incorporated in the Information Technology Act, 2000 (IT Act, 2000). It is a weak piece of legislation that has been further degraded by the proposed Information Technology Amendment Act, 2008 (IT Act, 2008).

The protest against the “draconian” IT Act, 2008 have led in keeping the proposed IT Act, 2008 in infinite abeyance by the government of India (GOI). Till now the amendments have not been notified by the GOI making them useless and redundant.

The primary reason why such amendments were rejected by the GOI itself seems to be that it is violative of basic Human Rights and Fundamental Rights enshrined under the Constitution of India. The GOI cannot afford to take the blame of imposing a draconian law upon Indian citizens against their wishes.

However, there are some cyber law observers who have in fact supported these amendments. Even we can assume that there can be a “misuse of legislative power” by the GOI to push this draconian law in future.

Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, has started a very good initiative titled “Human Rights Protection In Cyberspace”. This is a good place to keep a tack of those laws that violated the valuable “Civil Liberties” of Indian citizens.

All cyber law observers and Human Rights activists must give a look at it and strengthen this unique and exclusive initiative in India.

SOURCE: MYNEWS

Human Rights Project For Protecting Cyberspace Launched In India

Cyber laws are meant to protect people from the ills of information technology. What will happen if these cyber laws are used by the “State” to harass the citizens through illegal e-surveillance and eavesdropping, website censorships and blocking, online privacy violations, etc? There is a disturbing trend all over the World where the governments are formulating “draconian laws” to oppress the citizens.

In the Indian context, the same has been done by introducing the Information Technology Amendment Act, 2008 (IT Act, 2008). Fortunately, the same has not been “notified” yet and has not becoming part of the law of India. The unamended Information Technology Act, 2000 (IT Act, 2000) still governs the position.

However, this reckless episode on the part of Indian government has clearly shown its intentions and plans for the future. There is an emergent need of protecting human rights in the cyberspace.

Praveen Dalal, the leading techno-legal expert of India and managing partner of Perry4Law, has come up with a very good initiative titled “Human Rights Protection In Cyberspace”.

It is providing valuable suggestions to both government and netizens for a repression free Internet environment. To government it suggests the limits of its e-surveillance and censorship powers whereas to the netizens it provides the techno-legal measures to avoid and counter illegal and unreasonable censorship, e-surveillance and eavesdropping.

The resource though in its infancy stage seems to be very promising and worth exploring in the future. Have a safe, secure and surveillance free surfing.

SOURCE: ITVOIR

Information Technology Amendment Act, 2009 Is Required

Information Technology Amendment Act, 2008 (Act 2008) has recently amended the only cyber law of India, i.e. Information Technology Act, 2000 (IT Act, 2000). The same has “not been notified yet”. This means for all practical purposes the IT Act, 2000 still governs the position.

Mr. Praveen Dalal, Managing Partner of Perry4Law, has suggested that the Congress led Government must openly declare that the Act 2008 would be given a “fresh look” in the forthcoming Parliament session. With issues like cyber terrorism, cyber security, cyber forensics, hacking, wireless hacking, phishing, spam, child pornography, etc troubling India, a casual and weak law would not serve the purpose.

He maintains that with a clear majority, the Congress led Government would be in a better position to make proper laws this time. There are great chances that Information Technology Amendment Act, 2009 (Act 2009) would be introduced by the Parliament very soon that would amend the IT Act, 2000/Act 2008 further.

Although India took an “early advantage” of enacting a cyber law yet it “failed to keep pace” with the contemporary requirements. The industry lobbying has kept it soft, weak and criminal friendly. The proposed Information Technology Amendment Act 2008 has further complicated the scenario as it has suggested a cyber law framework that is not conducive for India.

Fortunately, the Information Technology Amendment Act 2008 has “not been notified” yet. Even Dr. Gulshan Rai of Department of Information Technology (DIT) has “not confirmed” that the amendments have been notified. This gives the new Government and next Parliament in session a chance to “rectify the mistake” they have commited in the recent past.

The speed of cyber law reforms in India is really worrisome. With the present speed and expertise, even countries that have just enacted cyber laws would overtake India in this field. There is an emergent need for the new Government and next Parliament to give these issues a serious thought. The cyber law of India in general and legal enablement of ICT systems in India in particular needs rejuvenation as soon as possible.