Internet Censorship In India

This article has raised very pertinent points regarding internet censorship in India. Internet censorship in India should not be a norm in a democratic country like India. Better solutions exist to address this crucial issue. Censorship of internet in India by bypassing the constitutional mandates amount to anarchy that should not be the norm in India.

Internet in India is under potential threat of censorship and e-surveillance. Internet censorship in India has increased a lot. Similarly, e-surveillance in India has also increased to intolerable limits.

India has a draconian but cyber criminals’ friendly cyber law in the form of information technology act, 2000 (IT Act 2000). It was amended in 2008 to confer unregulated e-surveillance, Internet censorship and website blocking powers to Indian government and its agencies. The present cyber law of India is an unconstitutional one in the absence of procedural safeguards that can prevent these abusive draconian powers under the IT Act 2000. It requires an urgent repeal.

On top of it we have the proposed central monitoring system (CMS) project of India that has been proposed without any parliamentary oversight. Further, stress upon Internet kill switch is also given by India without realising that Internet kill switch is not a solution to cyber threats. Anti Internet kill switch measures are needed to prevent Indian government from taking recourse of any such unconstitutional and draconian action.

Website blocking and Internet censorship should be resisted as far as possible in India. This fight should be techno legal in nature where both technical and legal measures must be adopted to thwart surveillance and censorship activities of Indian government and its agencies. Proactive self defence in cyberspace is needed not only against alien enemies but also against our own Orwellian government.

Self defence in cyberspace is a concept whose time has come at both national and international level. At the national level of India self defence is required not only against cyber criminals but also against our own over zealous and e-surveillance oriented Indian government. Suggestions have been given in the past that United Nations (UN) must protect human rights in cyberspace as well. However, UN is not serious about protecting human rights in cyberspace.

At the national level, Indian government acquired itself unregulated, illegal and unconstitutional e-surveillance, Internet censorship and website blocking powers with no procedural safeguards. The information technology act, 2000 (IT Act 2000) was amended through the information technology amendment act 2008 (IT Act 2008) and this amendment gave unconstitutional and illegal powers to Indian government and its agencies. With the notification of the IT Act, 2008, the journey from welfare state to a police state was completed for India.

Instances of website blocking in India and Internet censorship in India have increased a lot. What is more worrisome is the fact that e-surveillance and Internet censorship in India have increased without any lawful interception law in India. Lawful interception law in India is missing and phone tapping in India is done in an unconstitutional manner.

Of all e-surveillance project, nothing is worst than the Aadhar project of India and its implementing unique identification authority of India (UIDAI) headed by Nandan Nilekani. Irrespective of what Nandan Nilekani and Indian government says, Aadhar project and UIDAI are serving a very vicious, evil and nefarious objective of e-surveillance without procedural safeguards. Surprisingly, even Google is censoring results pertaining to Aadhar project and UIDAI and is messing up with search placement results.

Now Internet intermediaries in India have been asked to pre screen contents before they are posted on their platforms by the account holders. India wants companies like Google and Facebook to censor users’ contents. In fact, Goggle web censorship has greatly increased in the past. Perhaps somebody at Google was already doing the pre screening of some web contents in India, with or without knowledge of Google.

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. In fact, it seems Google was actively helping Indian government and its agencies for messing up with Aadhar project, UIDAI, World Bank or any other similar post that questions the wrong practices of Indian government. During that period Google continued its censorship drive in India and many posts failed to appear in news, blogs and search segments.

What Internet intermediaries are facing now is a direct result of their succumbing to Indian government pressure and unconstitutional laws like IT Act 2008. They should have challenged the constitutional validity of IT Act 2008 that is the root cause of all these troubles. Fortunately Yahoo took Indian government to court over e-surveillance and more such litigations are expected in the near future. Let us see how cyber law of India would develop in this regard.

Source: PTLB Blog

Cyber Law Of India Is Cyber Criminals Friendly

Cyber law of India is incorporated in the information technology act 2000 (IT Act 2000). It was amended through information technology amendment act 2008 (IT Act 2008) and from here started the real problem.

The retrograde amendment in the cyber law of India was the first step in the direction of inducing complete cyber anarchy in India. A good account of this cyber anarchy has been provided by Praveen Dalal, managing partner of Perry4Law and the leading techno legal expert of India.

The amended cyber law also made almost all the cyber crimes and cyber contraventions “bailable” thus making India a safe heaven for cyber criminals all over the world. Cyber crimes in India are increasing at an alarming rate due to this careless attitude of Indian government.

The cyber law of India carries many loopholes and has many lacunas. Cyber stalking is one such lacuna that must be addressed as soon as possible. Children and juveniles are especially vulnerable to cyber stalking and many times this stalking process result in committing of suicide by them.

A good initiative for protection of children in cyberspace has been launched by the HRPIC initiative spearheaded by Praveen Dalal. Similarly, to make the Indian cyber space more secure and robust, cyber security and cyber forensics initiatives have also been undertaken by Perry4Law Techno Legal Base (PTLB) and Perry4Law.

The ultimate call is for the Parliament of India to take that is escaping from its responsibilities towards Indians cyberspace either due to purpose and design or out of sheer lack of information technology related knowledge.

Cyber Crimes Are Increasing In India

Cyber crimes in India are increasing at an alarming rate and Indian government and department of information technology (DIT), India are doing nothing in this regard. In fact, the DIT proposed very weak, ineffective and counter productive amendments to the already weak cyber law of India in the past.

The information technology amendment act 2008 (IT Act 2008) amended the information technology act 2000 (IT Act 2000) and made it a base for committing various cyber crimes openly.

According to Praveen Dalal, the leading techno legal experts of India, India has been experiencing an increase in cyber crimes like hacking, spamming, phishing, etc due to many factors. The first and foremost factor among them is the lack of an effective and stringent cyber crime law in India.

The cyber law in India is not effective instead it is counterproductive. India is the only country in the world that has the provision of bail in cyber crime cases. It means even if a person commits cyber crimes like phishing, hacking or any similar cyber crime or contravention and is somehow caught by the Police force, he would be released on bail as a matter of right. This provision of cyber crime has made India a safe place for cyber criminals, warn Dalal.

Besides, there is a lack of adequate cyber forensics and cyber security capabilities in India that helps in the growth of cyber crimes. Irrespective what the government of India and DIT say, the position is really worrisome.

Time has come for the Indian government to amend the IT Act 2000 so that cyber criminals can not only be caught by the police but also get severe punishment.

Urgent Measures Are Needed To Curb Cyber Crimes In India

India has finally shown some concerns towards the growing menace of cyber crimes in India. The government of India has shown an absolute apathy towards growing cyber crimes in India by making almost all the cyber crimes in India “bailable”. Through this process the government made India a safe heaven for cyber criminals. The cyber criminals are virtually free to do whatever they want because at best they can be caught and then have to be set free because Indian cyber law is toothless in this regard. Even these cyber criminals would be very difficult to nab as Indian law enforcement is not well trained to deal with cyber crimes.

India is confused regarding its cyber law and the same has resulted in cyberspace anarchy in India. The Indian political thinking is marred by gross confusion. There are growing incidences of exploitation of Indian cyberspace by cyber criminals and foreign powers. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India sent an open letter to the Government of India including the Prime Minister of India, President of India, Supreme Court of India, Ministry of Parliamentary Affairs, etc and brought to their attention the growing menace of cyber crimes in India.

Reacting immediately, the Law Minister M. Veerappa Moily announced the enactment of separate laws and creation of a specialised agency to deal with the menace of cyber crimes. 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.

The problem seems to be multi-faceted in nature. Firstly, the cyber law of India contained in the IT Act, 2000 is highly deficient in many aspects. Thus, there is an absence of proper legal enablement of ICT systems in India. Secondly, there is a lack of cyber law training to the police, lawyers, judges, etc in India. Thirdly, the cyber security and cyber forensics capabilities are missing in India. Fourthly, the ICT strategies and policies of India are deficient and needs an urgent overhaul. Fifthly, the Government of India is indifferent towards the “ICT reforms” in India. This results in a declining ranking of India in the spheres of e-readiness, e-governance, etc. While International communities like European Union, ITU, NATO, Department of Homeland Security, etc are stressing for an enhanced cyber security and tougher cyber laws, India seems to be treading on the wrong side of weaker regulatory and legal regime, says Praveen Dalal.

At last, somebody in the government has shown some concern regarding the growing menace of cyber crimes in India. However, the task is difficult since we do not have trained lawyers, judges and police officers in India. However, at least a step has been taken in the right direction by the law minister of India.

SOURCE: GROUND REPORT

Cyber Crime Police Stations Of India In Bad Shape

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.

India has a very poor cyber crime conviction rate. As per DG of Corps of Detectives (CoD) D V Guruprasad the reason behind this is the officers themselves are clueless about cyber crime. It is of no use setting up cyber crime labs when the cyber criminals cannot be convicted. As for training judiciary and prosecutors this process should have initiated a long time back when the cyber-law was passed. The cyber crime police stations/cells/labs established by NASSCOM have absolutely failed to make any difference in this regard.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “This was bound to happen as the government of India is not at all serious about tackling the menace of cyber crimes in India. Rather than strengthening the cyber law of India, it has diluted the same and made it criminal friendly through the Information Technology Act 2008”.

In the absence of a stringent cyber law of India and lack of proper techno-legal training of lawyers, judges and police officers not much can be expected from Indian legal and judicial system of India. A special emphasis must be given to the training of police officers, lawyers and judges in the field of cyber forensics.

India must engage in good capacity development initiatives rather than merely opening cyber crimes cells and achieving cyber crimes tackling capacities on papers alone. The first step must be to strengthen cyber law of India and then steps must be taken to provide adequate training to the players involved in dealing with cyber crimes in India, says Praveen Dalal.

What Made India A Safe Heaven And Cyber Crime Harbour For Cyber Criminals?

Cyber Law in India is an essential part of Information and Communication Technology (ICT) regulations in India. ICT has brought before the government of India (GOI) certain challenges that it was not willing to accept and rectify. The worst among them are coming in the form of technology-assisted terrorism and cyber terrorism.

Cyber crimes in India are also 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. The law enforcement and intelligence agencies in India seem to be helpless in front of modern technological crimes like cyber crimes in India, terrorism and cyber-terrorism. India needs to tackle this problem as soon as possible. However, nothing concrete is happening in this direction. So where does the problem lie?

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India “The problem seems to be multi-faceted in nature. Firstly, the cyber law of India contained in the IT Act, 2000 is highly deficient in many aspects. Thus, there is an absence of proper legal enablement of ICT systems in India. Secondly, there is a lack of cyber law training to the police, lawyers, judges, etc in India. Thirdly, the cyber security and cyber forensics capabilities are missing in India. Fourthly, the ICT strategies and policies of India are deficient and needs an urgent overhaul. Fifthly, the Government of India is indifferent towards the “ICT reforms” in India. This results in a declining ranking of India in the spheres of e-readiness, e-governance, etc. While International communities like European Union, ITU, NATO, Department of Homeland Security, etc are stressing for an enhanced cyber security and tougher cyber laws, India seems to be treading on the wrong side of weaker regulatory and legal regime.”

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. 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.

We need to stress upon sound cyber laws with effective law enforcement. We need to train police, lawyers, judges, etc for ICT-related laws and procedures. However, nothing is going to happen till the matters are taken care of at the national policy level.

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 Crimes In India Must Be Taken Seriously

Cyber law of India was originally enacted in the year 2000 in the form of Information Technology Act, 2000 (IT Act 2000). The same was dealing with certain specific (not all) cyber crimes including hacking.

Although, the IT Act 2000 was not deterrent enough to prevent cyber crimes in India, yet with the Information Technology Amendment Act 2008 (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.

SOURCE: GROUND REPORT

Cyber Terrorism In India Must Be Taken Seriously

BY
TECHTALK & GUNJAN

Cyber law of India has covered a long distance. It has covered a journey from Informationn Technology Act, 2000 (IT Act, 2000) to the Information Technology Amendment Act 2008 (IT Act 2008). Just like any other technology law, the IT Act, 2000 is also far from perfect. Also with the passage of time, new provisions must be incorporated to address the issues of cyber crimes and online transactions.

One such issue that has not received proper attention of the government of India (GOI) pertains to Cyber Terrorism in India. Cyberterrorism is defined by Kevin G. Coleman as “The premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives. Or to intimidate any person in furtherance of such objectives.

Cyber Terrorism in India was first discussed 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.

Information Technology Amendment Act 2008: Notified Or Not

There are lots of news that the Information Technology Amendment Act 2008 (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.

For reliable and up to date information, keep a check upon the Cyber Law In India resource. More details about the present notification fiasco would be published there very soon.

SOURCE: ITVOIR

Critical ICT Infrastructure Protection In India Is Urgently Required

The Infrastructure security trends in India are not very encouraging and to make the situation worst we have weak cyber law in India (IT Act, 2000). We have to develop technologies and capabilities to protect Indian citizens in areas such as power, transport, civil aviation, etc. Additionally, we have to increase the security of infrastructure and utilities supporting arms such as ICT, transport, and services in the financial and administrative domain.

Critical ICT infrastructure protection in India must be taken seriously in the larger interest of Indian citizens. Crisis management by improving security systems integration is the need of the hour and a dedicate effort is required in this direction.

Agrees Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Specialist of India*. He maintains that presently critical ICT infrastructure protection in India has not got the attention of national policy makers and there is a long gap to cover before we can protect our critical infrastructures. He opined that India does not have a good ICT Policy and this is resulting in weak cyber security, inadequate cyber forensics capabilities and poor cyber laws.

It is clear that India has to play a pro-active role in this direction to avoid serious damage to Indian infrastructure. The first step seems to be to make stringent and good cyber law in this regard as soon as possible. Thankfully, the terrible Information Technology Amendment Act, 2008 (IT Act 2008) has been rightly rejected by the Indian government and the same has “not been notified” to prevent further degradation of the already weak cyber law of India.

*Praveen Dalal, Managing Partner of Perry4Law, is the Leading Techno-Legal Specialist of India and is an Internationally renowned Expert in the fields of Cyber Forensics, Cyber Security, Cyber Law, etc. Both him and Perry4Law are “authorities” on techno-legal issues like critical infrastructure protection and are internationally renowned in this regard.

SOURCE: ITVOIR

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