Showing posts with label INFORMATION TECHNOLOGY ACT 2000.. Show all posts
Showing posts with label INFORMATION TECHNOLOGY ACT 2000.. Show all posts

Friday, April 16, 2010

Indian Cyber Security Must Be Strengthened

In recent times cyber security has taken a centre stage all over the world. This is due to the fact that networks all over the world are interconnected through Internet. The vulnerability in the networked systems can prove fatal in various circumstances. Recently, it was alleged that China broke into Indian computer systems and compromised crucial data and information of secret and confidential nature.

There is an emergent need for strengthening cyber security of India. However, till now the government of India has not taken cyber security seriously. India needs a dedicated cyber security research and training centre at the national level. Although there are few good cyber security initiatives in India, yet Indian government must take the initiative and work in this direction.

Another aspect that has to be kept in mind is the enactment of strong and efficient cyber laws in India. Although Indian has enacted information technology act 2000 (IT Act 2000) yet it is far from perfect. The recent amendments in the same have made almost all the cyber crimes bailable. According to Praveen Dalal, 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. It seems the problems of Indian cyber security are multi facet in nature. We do not have sufficient laws, we lack proper strategies and policies, and we do not care much about cyber security, says Praveen Dalal.

India must urgently train its government officials holding crucial posts and departments, law enforcement officials, judges, lawyers, etc. In the absence of sufficient training, we may risk crucial information leaking out of governmental computers and departments. The sooner we take cyber security seriously the better it would be for the national interest of India.

SOURCE: CIO

Monday, June 29, 2009

Information Technology Amendment Act 2009 Of India

Cyber law of India requires rejuvenation. In this interview with Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India he suggested that the Government of India (GOI) must come up with the Information Technology Amendment Act, 2009. In fact he has been suggesting that there is a need to “reformulate” the Information Technology Amendment Act, 2008 (IT Act, 2008) as it is going to create lot of problems for India in future. Already “wrong prosecutions” have brought bad name for India in general and Indian law enforcement in particular.

Human Rights violations in cyberspace are bound to happen in India in the absence of good . It seems the GOI has finally woken up from its sleep and is plannlegal enablement of ICT systems in Indiaing to bring further amendments in the existing Information Technology Act, 2000 (IT Act, 2000). Union Minister for Law M Veerappa Moily said the Government will amend the existing laws, including the IT Act, 2000 to combat cyber crimes in the country. There was a misconception that the IT Act, 2008 which was passed last year, was for dealing with cyber crimes. It was mainly for legalising e-commerce, he added.

It is clear that GOI would come up with Information Technology Amendment Act, 2009 (IT Act, 2009) very soon. It has finally accepted the suggestions and recommendations of Praveen Dalal in the larger interest of India. It has accepted that India needs a strong and stringent legal regime to fight growing menace of cyber crimes in India. Perry4Law has welcomed this step of GOI and assured that it would provide all necessary expertise and assistance for the enactment of IT Act, 2009 so that the same may be introduced in the Parliament this year.

Monday, June 22, 2009

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

Sunday, June 21, 2009

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