Indian Government 100 Days Workplan May Fail To Materialise

President of India has recently revealed the “Priorities” of Indian Government in the next five years/100 days. However, there should be a political will and bureaucratic competencies to achieve these promises. The Indian Government must shift from promises to real achievements if it really wishes to achieve the 100 Days Promised Agenda.

Within a weak of time span (100 days starting from 5th June, 2009) some of the “Promises” of the Indian government seems to be just “political jargon” alone.

AUTHOR: PRAVEEN DALAL

SOURCE: LEGAL ENABLEMENT OF ICT SYSTEMS IN INDIA

E-Governance In India: A Success Or A Failure?

Electronic Governance or E-governance, a fancy terminology that portrays an image of advanced Nation or capable workforce. The word is so magical and has the tendency to overpower everything else. But the question that has some more important aspect is: What matters most: Reality or an Image? The article is a sincere effort to make our readers aware of e-governance in India, its aspects and what all are the security norms for it? Which phase it is still in India?

Present Scenario:

India is flourishing, undoubtedly. It is on the track to be renowned as world leader and has the best IT work power globally. Still, India has to go distance to achieve the Herculean task of being an Information and Communication Technology (ICT) enabled and capable Nation. It is high time that Indians should peep outside the “Indian Shining Syndrome”. The call of the hour is to understand the real meaning of e-governance and its implications. The deep insight in ICT regulations will unveil the hard facts that how we are in resistive modes till now. It is the time when the Government and Indian Bureaucrats need to change their opinions and lay pressure more upon outcomes and services rather than mere ICT procurement.

Required Strategic Developments:

Presently, country needs a service oriented approach that is transparent and supportive in terms of ICT applications and its outcomes. We need to be at receptive end rather than at resistive note. The Government should lend their ears to the novel ideas and should be pro active in implementing effective e-governance policies rather than just computerizing traditional official functions only.

Merely computerizing the functions is of no help to anyone. Rather, it is just the wastage of thousands of crores of public money and UNDP/World Bank grants amount. The truth becomes more vague in the maze of various reports and surveys, most of which are Government or its agencies/partners “sponsored”. At the International level, India lacks the basic prerequisites of e-governance, i.e. e-readiness, public-governmental interaction, public services, etc and hence mirrors the incompetency of bureaucrat and Government.

Adding to the misery is situation of Indian Government and its Bureaucrats who are more focused upon the image rather than upon the end results. The grassroot level action is missing and hence the benefits of ICT are not reaching to the under privileged and deserving masses due to defective ICT strategies and policies of Indian Government.

What Next?

To imply the e-governance initiatives rightfully, India needs a “virtuous circle” rather than “vicious circle” of defective e-governance. The deeper dive in this mess will show some more horrible results. Reports support the facts that the so called “e-governance experts” in the Bureaucratic and Governmental circles of India do not even know when and how to respond back to urgent and pressing public communications (e-mails).

Loopholes in Implementations:

India is lacking at the basic level of e-governance implications. It lacks the Citizen to Government (C2G) and Government to Citizen (G2C) wings that are the core pillars of not only e-governance but e-commerce as well. The problem is due to “lack of accountability” among the Government Departments. The National E-Governance Plan (NEGP) and E-governance in India have failed to achieve their motives. In short, there is a complete “ICT Failure in India”.

It is surprising that despite these “serious problems” the India Shining image is often portrayed when it come to e-governance in India.

Ading to the misery is reports by Symantec, security research firm that confirms India may emerge as the leader in Malware activities if the cyber security norms are not established for future e-governance initiatives of India. But, this can be a blessing in disguise as failure in implementation of e-governance in India have prevented security holes from being catastrophic.

AUTHOR: KUNAL

PRIMARY SOURCE: APC

SECONDARY SOURCE: ITVOIR

Can India Wash The Blackspot Of Being Asia’s Most Corrupt Administration

Indian politicians and civil servants are rated to be the most corrupt persons according to the 2009 Global Corruption Barometer (GCB) released by Transparency International, (TI) the global body monitoring corruption in governance. Although the political and bureaucratic circles in India may not feel happy with this finding yet there is no doubt about the correctness of this finding. The question arises "can India wash the blackspot of being Asia’s most corrupt administration"? Also does the proposed statutory protection to the bureaucrats would make any difference in the absence of well defined responsibilities and accountabilities?

A well reported news item has also raised a very pertinent question regarding guaranteeing public service. It claims that while the idea of protecting bureaucrats seem to be worthwhile, it seem designed more to protect civil servants than to make sure that they do their job properly. Accountability to the public has to be ensured, in a measurable manner, with proper feedback systems do that bureaucratic incompetencies can be minimised.

Congress Previous Bad Policies Haunting It Now

Samajwadi Party and BSP, which are extending outside support to UPA government, on Monday attacked Congress and said its policies and programmes since independence had failed because of which India could not become a developed nation.

Participating in a debate on Motion of Thanks to the President's Address, SP chief Mulayam Singh Yadav specified agriculture, education, employment, healthcare, naxalism and foreign policy as the areas of failure under Congress rule.

He said even if 20 per cent of the programmes announced by the Congress governments during the last five decades had been implemented, the country would have become developed.

SOURCE: ZEENEWS

Government Plans To Scrap UGC, AICTE

The government plans to scrap the top two regulators of higher education in line with the recommendations of the National Knowledge Commission (NKC), the advisory body to the Prime Minister that has repeatedly called for the abolition of the regulatory regime in the education sector. A senior official of the ministry of human resource development said on condition of anonymity that the government will soon scrap the University Grants Commission, or UGC, and the All India Council for Technical Education, or AICTE. The two regulators, which oversee the functioning of universities and engineering and business schools in India, have often received flak for restrictive policies and sometimes opaque functioning.

SOURCE: LIVEMINT

Educational Reforms In India Unlikely

The government of India has announced major educational reforms in India. However, in a “corruption ailed environment” this seems to be a dream alone. Before bringing any educational reforms the government must curb the increasing corruption levels at the school, university and UGC level. Without that it is like beating wind with a stick. If the HRD Ministry is really serious it must start taking stringent actions at all the level that is presently missing. This means educational reforms in India are unlikely to happen.

India's education sector is heating up -- to scalding point. But the cash-strapped Indian government, which far overshot its budget in the last fiscal year to March, is more likely to spend on basic infrastructure such as school buildings and not on advanced facilities like e-learning and computer services in schools.

As for reforms, they remain a distant possibility. Current rules bar private investment in primary and secondary schools, whether government-owned or private, because education is designated as a not-for-profit sector. In this context, betting on education isn't such a good thing.

SOURCE: ONLINE WSJ

BJP Would Also Keep A Track Of Promises Made By Indian Government

It seems after Perry4Law, it is now BJP turn to keep a “track” of the recent promises made by President of India. Perry4Law has been providing its analysis of the policies and strategies of Government of India from time to time. Describing the Presidential address as a "charter of promises", main Opposition party BJP on Thursday said it would keep a close watch on whether these were being implemented by the government or remained mere assurances.

Although details from Perry4Law are not available yet the hints already provided clearly show that the “critical analysis” would be made by Perry4Law of the Governmental Polices in general and their “Techno-Legal” aspects in particular. Significant analyses have already been made by Perry4Law regarding the following:

(a) Legal Enablement of ICT Systems in India,

(b) National ICT Policy of India,

(c) Open Government Policy In India,

(d) Bifurcation of Composite Government Departments,

(e) Political Will and Bureaucratic Incompetencies, etc.

A special emphasis would be given by Perry4Law to analyse the “performance” of Government of India (GOI) regarding e-governance in India in general and projects like e-courts in India, mission mode projects under the NEGP, etc in particular.

As far as the “starting of performance period of 100 days” is concerned, Perry4Law has excluded 4th June, 2009 from the number of days to be calculated. Keep a track of the techno-legal analysis of Perry4Law of these 100 days.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Securing India

ON his first day in office after returning to the North Block, Home Minister P. Chidambaram announced that there would a second 100-day plan, beginning June 1, aimed at protecting the nation from terrorism. The announcement was at the instance of the Prime Minister, and would be analogous to the one that Chidambaram had implemented on moving to the Ministry of Home Affairs from the Ministry of Finance prior to the Lok Sabha elections and in the aftermath of the November 26 terror strike in Mumbai.

Chidambaram has said that there would now be a monthly report on tasks completed so as to facilitate public evaluation of his Ministry’s performance. This is unmistakably a Harvard-educated Home Minister’s management approach to looking at the nation’s woes on the criminal justice front. This is an unexceptionable workplan, except that it is likely to be assailed by cynics as too academic a view of a complex problem that hardly rendered itself to a classroom exercise.

AUTHOR: R.K. RAGHAVAN

SOURCE: HINDUONNET

Can The Congress Led Government Curb Corruption In India?

Indian politicians and civil servants are rated to be the most corrupt persons according to the 2009 Global Corruption Barometer (GCB) released by Transparency International, (TI) the global body monitoring corruption in governance. Although the political and bureaucratic circles in India may not feel happy with this finding yet there is no doubt about the correctness of this finding.

Some ray of hope has been shown by the President of India through her speech yet the Congress led Government is still not “absolutely free” to implement the laudable objectives mentioned in this speech.

Concerns have been raised in the recent past regarding “consolidated departments” of the Government of India yet Congress led Government is helpless to “accommodate” the members of its “allies” to crucial posts.

The best option seems to be the one suggested by Mr. Praveen Dalal that the government departments must be given full autonomy with a “check” by the Prime Minister’s Office (PMO) or similar body. This way Congress led Government can keep both the citizens of India and their allies happy.

While the inability and dependency of the Government can be well understood due to the very nature of a collation Government, the position can be improved to a great extent if the Government makes bureaucracy more competent, efficient, honest, fair and people friendly. India seems to be the only place in the World that pays bureaucrats for “non-working”. Interestingly, even the Government is aware about this sardonic situation but it is not willing do much except giving moral advice.

With a new and strong Congress led Government at the Center, it is high time to start cleaning Congress’s “own home first” before talking about economic and social reforms in India.

SOURCE: MYNEWS

Indian Government May Review Appointment Process In Indian Judiciary

The foul smell of corruption is increasingly enveloping the temples of justice, popularly referred to as courts. Almost everyone is aware of the level of corruption in the lower stream of justice. But, the screamers about instances of corruption in the higher judiciary appear to have forced the government and the CJI to look afresh for an effective antidote. The common refrain is that there is something virulently wrong with the present process of selection of judges for the higher judiciary -- the high courts and the Supreme Court. For long, the Executive had this grouse that India was the only country where judges appoint their peers through a secretive method called consultation among the judges forming part of the Collegium headed by the Chief Justice of India.

SOURCE: TOI

Government Websites In India Are Down

National Informatics Center (NIC) of India is down and out once again. NIC India is managing the websites of almost all the government departments in India. Techno-Legal Experts have been suggesting for a “decentralisation” of this function of NIC because if the NIC is down all governmental works are stopped. Presently, all the government sites like department of information technology (DIT), department of telecommunications (DOT), etc are down. Mr. Praveen Dalal has suggested to the GOI to start inducting good skilled people for meeting its promises. The GOI must also reminisce the “causes” for the “First Casualty” of its 100 Days Workplan.

SOURCE: ITVOIR

Environmentalists Supports Perry4Law For E-Waste Legislation In India

The need for National ICT Policy in India has becoming urgent day by day. Mr. Praveen Dalal, Managing Partner of Perry4Law, has been suggesting for the same from a long period of time. There is a dire need to formulate National ICT Policy in India that must address the issues like legal enablement of ICT systems in India, cyber security in India, developing cyber forensics capabilities in India, ICT training of lawyers, judges and police personnel in India, managing the environmental issues of e-waste in India, establishment of e-courts in India, formulating strong cyber laws in India, etc.

Recently, Greenpeace India, Toxics Link and the Manufacturers' Association of Information Technology (MAIT) have also supported the demand for separate legislation for e-waste management in India.

Even the recent 100 days agenda of the Government of India (GOI) includes “environmental protection” as one of the priority areas. It would be interesting to observe how the GOI would meet the menace of e-waste in India.

SOURCE: ITVOIR

Will Indian Government Act Upon Its Promises?

Recently the BJP has announced that it would keep a close watch on the promises made by the Congress led Government. This is really a very good step to not only maintain “Democracy” but also to keep “Checks and Balances” upon the ruling Government so that it may not pass Legislations in a “Casual Manner” as it did during the December, 2008 session of the Parliament.

Perry4Law would also “Systematically Analyse” the Policies and Strategies of GOI for its five year tenure in general and 100 days promised period in particular.

AUTHOR: PRAVEEN DALAL

SOURCE: LEGAL ENABLEMENT OF ICT SYSTEMS IN INDIA

DHS Advisory Council Roped In Jeff Moss For Strengthening Cyber Security

Forget the new cyber security czar position that President Barack Obama announced last week. The real sign that the White House might be finally taking cyber security seriously came in an announcement on Friday that Jeff Moss, aka “Dark Tangent” and the former hacker behind the annual DefCon hacker confab in Las Vegas, has been appointed to the Department of Homeland Security’s Advisory Council (HSAC).

SOURCE: WIRED.COM

CVC Registers Complaint Against UGC Chairman

Facing flak in the last few days, more trouble seems to be in store for UGC chairman S K Thorat with the Central Vigilance Commission registering a complaint against him on a series of allegations ranging from his involvement in pushing through Rs 224 crore e-governance project, corruption in grant of deemed university status and misusing UGC's resources to run his own institute Indian Institute of Dalit Studies.

SOURCE: TOI

Indian Government’s 100 Days Workplan Under Scanner

Perry4Law has been providing the “Critical Analysis” of the Governmental Policies from time to time. It has also decided to “Systematically Analyse” the Policies and Strategies of GOI for its five year tenure in general and 100 days promised period in particular. A special attention would be given to techno-legal issues including e-governance in India, legal enablement of ICT systems in India, cyber law in India, cyber security in India, cyber forensics in India, e-courts in India, etc. Similarly, special attention would be given to policy issues pertaining to information and communication technology (ICT).

Fortunately, BJP has announced that it would also keep a close watch on the promises made by the Congress led Government. A good strategy for BJP would be to keep ready its own ideas and policies that are not only sensible but also good alternatives for the proposed policies by the government. With this we can hope for better laws and effective and transparent governance in India.

Wrong Cyber Crime Prosecutions Is becoming a Trend in India

This article analyzes the disturbing trend in India of launching prosecution against cyber crimes on the basis of laws that do not exist. A clarification from the Department of Information Technology (DIT) of the Government of India was sought in this regard but there was no reply. The net result is that we are witnessing prosecutions that are not justified by any law in India. This situation shows that there is a dire need of training of police personnel that is presently missing all over India. Cyber crimes require good techno-legal knowledge that is presently missing. We have to do much more than mere “declarations of sufficiency” and claim of opening of cyber crimes police stations and cells.

The Mumbai police registered a case of “cyber terrorism” when a threat email was sent to the BSE and NSE. It can proudly claim to be the first in the State since an amendment to the Information Technology Act has been proposed. The bigger question is how can police consider, much less utlilze, the provisions of a law that has “not come into force yet”? Till the Information Technology Amendment Act, 2008 is “notified” by the Central Government under section 1(2) of the proposed amendments, the amendments cannot come into force. And till the amendments cannot come into force, we cannot apply the provisions contained in it. Then how come the Mumbai police is booking the accused under the amended law?

AUTHOR: EDITOR LNAV

SOURCE: OPEDNEWS

Tech Savvy Police Station In Mumbai: The Reality

Cyber law awareness is missing not only among the general public but also among the police force and media personnel. The biggest challenge before the police is to get itself acquainted with the basic cyber law of India. It is senseless to claim themselves trained in cyber law when they are not even aware what the India cyber law is all about. Even the Department of Information Technology (DIT) and Government of India (GOI) are “responsible” for “deliberately misleading” the people, media and police force.

Perhaps law enforcement in India is “too much trained” for cyber law and cyber crimes and hence applying their own laws and notions to cases that does not attract these stringent provisions at all. It seems the Mumbai police and its partner NASSCOM needs at, least 5 more years to acquaint themselves with the basics of cyber law of India. As far as techno-legal expertise is concerned, that may remain a dream forever.

SOURCE: WEBNEWSWIRE

Open Government Policy In India Is Required

The need of “public initiatives” to fill the policy vacuum in India was long felt. Policies making and their implementation is a governmental task. There is always a big gap between the desired policies and actual policies that are in existence. This, naturally, affects the Nation at large but its consequences are mostly borne by the citizens of that Nation. Although there are many policy lapses in India but the most glaring among them are those pertaining to Information and Communication Technology (ICT).

Last week, the White House launched an unprecedented online process for public engagement in policymaking. It began with a week of brainstorming in which the public shared almost 900 submissions and 33,000 votes on various ideas ranging from strategies for making government data more accessible to legal and policy impediments to transparency.

While this is the first of its kind in America, India has been benefited by “public policy making” for long. This is more so regarding the “techno-legal ICT regulations” in India where Mr. Praveen Dalal, Managing partner of Perry4Law, has contributed significantly. The latest policy suggested by him is “National ICT Policy of India” that mentions some of the parameters that should be included in the national policy of India.

It seems America has taken a cue from the activities happening in India but Indian government is not interested in taking the external help. There is no doubt that India lack critical policies in the sphere of ICT and it is high time that the “Public Initiatives Model” of Perry4Law must be adopted by it in the larger interest of India.

AUTHOR: PRITESH N MUNJAL

SOURCE: TLNAV

National ICT Policy Of India Suggested By Perry4Law

There is a dire need to formulate National ICT Policy in India that must address the issues like legal enablement of ICT systems in India, cyber security in India, developing cyber forensics capabilities in India, ICT training of lawyers, judges and police personnel in India, managing the environmental issues of e-waste in India, establishment of e-courts in India, formulating strong cyber laws in India, etc. After all India belongs to the “Common Man” and not to the “Men with Long Purses”.

AUTHOR: PRAVEEN DALAL

SOURCE: LEGAL ENABLEMENT OF ICT SYSTEMS IN INDIA

Indian Judiciary And The Contemporary Scientific Developments

By
MJ Antony

The judiciary is wary of using new technology to improve its procedures

The judiciary is perceived as a conservative institution. It does not easily accept innovation in procedures and interpretation of law. However, it has begun to admit, reluctantly, the recent advances in science and technology. A decade ago, it introduced computerisation in courts. One can file cases in the Supreme Court online, check the status of the case on the web and even read judgements of the past decades. The high courts are lagging behind in this, and there is no coordination between the Supreme Court and other courts. Many tribunals have neglected their sites after the inauguration.

However, some institutions have gone far ahead in the use of technology. The other day, the Central Information Commission used video conferencing for hearing and disposing of a petition seeking information about an application for relief from the PM’s Relief Fund. The petitioner was in Begusarai, Bihar, the commissioner and the defendants were at two separate locations in Delhi. The National Informatics Centre is said to be networking over 400 districts for such facilities.

The Calcutta High Court tried a matrimonial case in which both the husband and wife were abroad. In the case between Alcatel India and Koshika Telecom, a court allowed a sick witness to give evidence via video conferencing. In a child abuse case, the Delhi High Court did the same in view of the age of the victim. Though the Criminal Procedure Code demands the ‘presence’ of witness (Section 273), the court has now ruled that physical presence is not essential. In bail cases of hardened criminals who have a tendency to escape on way to the court, video facilities are being used in several places in Bihar. In contrast, bringing Kasab to the special court in Mumbai by ingenious methods costs crores of rupees.

There is no law in India regulating the use of video conferencing in trials, though the US, UK, Singapore and some other countries have such legislation. The Supreme Court has accepted the value of video conferencing and has laid down certain procedures in its judgement in State of Maharashtra vs Praful Desai (2003). The Evidence Act recognises electronic evidence and the IT Act deals with cyber crimes, but technology is making quantum jumps over snail-paced legislation.

Some computer savvy judges have utilised web facilities in writing judgements. The Madras High Court used a blog by a law student of IIT Kharagpur in its recent judgement in the TVS Motor-Bajaj Auto row over the patent for ‘Flame’ bike. The Supreme Court recently referred to Wikipedia in two of its judgements. While one bench felt that it could not be relied upon, another bench felt that it could be used to check definitions of telecommunication devices.

In criminal law, the use of powder and potions of the Sherlock Holmes era has given way to DNA fingerprinting. Parenthood in matrimonial and succession cases and identities in crimes can be ascertained fairly accurately now. According to the ancient Evidence Act, “maternity was certainty; paternity was presumption.” Now paternity can be established by DNA and the one who refuses to undergo the examination is suspect.

Invocation of the fundamental right to privacy against DNA and other scientific tests has not always been successful. According to Article 20(3) of the Constitution, no one can be compelled to be witness against oneself. However, the Supreme Court has held that giving thumb or finger impression and other forensic practices did not violate this right. The only caveat was that such tests should not be prescribed as a matter of routine, but only in deserving cases (Banarsi Dass vs Teeku Dutta).

However, the courts proceed with great caution in accepting scientific evidence. Criminal courts demand evidence ‘beyond reasonable doubt’ to convict an accused person (he is presumed to be innocent). The courts have to depend upon experts when science and medicine are involved. But experts are not always reliable and they are often called ‘hired guns’.

The quality of the forensic tests, the competence of the lab and other vital factors cloud the value of scientific evidence. This was illustrated in a sensational murder case (Priyadarshini Mattoo) in Delhi last year when the court found the DNA report suspect because of the circumstances surrounding it. Jurists also think that there is a lot of ‘junk science’, raising the question of the admissibility and value of scientific evidence.

The latest Law Commission report has cast a shadow on the value of narco analysis, polygraph and brain fingerprinting, methods considered infallible by some investigators. About the lie detector, it said: “The dirty little secret behind the test is it depends on trickery, not science. Perversely, the test is inherently biased against the truthful.” In this situation, the trial judges are the gatekeepers of scientific evidence. They have to check the evidence for their relevance and reliability and apply the tests of fairness, truth and justice.

SOURCE: BUSINESS STANDARD

Cyber Crime Police Station In Mumbai: Will It Be Effective?

The Mumbai Police’ specialised Cyber Crime police station is finally up and running. This new dedicated police station, the first-of-its-kind in the state, was launched on May 30. An existing Cyber Crime Investigation Cell of the Mumbai Police Crime Branch investigates cyber offences, but the FIRs in these cases are registered in different local police stations depending on the scene of the offence.

This was a much needed action required on the part of Mumbai police. With a specialised police station cyber crimes and contraventions can now be tackled effectively. Although the first step has been taken in the right direction, yet there is a dire need of training of police personnel that is presently missing all over India, including Mumbai. Cyber crimes require good techno-legal knowledge that is presently missing. We have to do much more than mere “declarations of sufficiency”.

For instance, cyber law awareness is missing not only among the general public but also among the police force and media personnel. The biggest challenge before the police is to get itself acquainted with the basic cyber law of India. It is senseless to claim themselves trained in cyber law when they are not even aware what the India cyber law is all about. Even the Department of Information Technology (DIT) and Government of India (GOI) are “responsible” for “deliberately misleading” the people, media and police force.

Firstly, the Mumbai police registered a case of “cyber terrorism” when a threat email was sent to the BSE and NSE. It is proudly claimed to be the first in the State since an amendment to the Information Technology Act has been proposed.

Secondly, in the present case, the police had initially planned that as many as four Assistant Commissioners of Police (ACPs) would be posted at the new Cyber Crime police station, since only officers of the rank of ACP and above were allowed to register and investigate offences under the IT Act, 2000. However, the decision to have only one ACP heading the police station was taken after a recent amendment to the IT Act allowing officers of the rank of Police Inspectors to register and investigate cyber offences.

The bigger question is how can police consider, muchless utlilse, the provisions of a law that has “not come into force yet”? Till the Information Technology Amendment Act, 2008 is “notified” by the Central Government under section 1(2) of the proposed amendments, the amendments cannot come into force. And till the amendments cannot come into force, we cannot apply the provisions contained in it. Then how come the Mumbai police is booking accused under the amended law is a big mystery?

Perhaps they are “too much trained” for cyber law and cyber crimes and hence applying their own laws and notions to cases that does not attract these stringent provisions at all. It seems the Mumbai police and its partner NASSCOM needs at, least 5 more years to acquaint themselves with the basics of cyber law of India. As far as techno-legal expertise is concerned, that may remain a dream forever.

E-Governance In India Needs Better Management

E-governance in India has miserably failed. The reason why e-governance is a big failure is because neither our political parties nor our elected governments take e-governance seriously. To be serious means formulating effective policies and strategies on the one hand and their dedicated enforcement and management on the other.

Take the recent example in this regard. The website named E-Governance Standards is a platform that aims at providing suggestions to the Government of India (GOI) regarding e-governance in India. However, the site is down for maintenance/ revamping or perhaps withdrawal. The big question arises that from the date of its inception to till now what valuable contribution this site or the working groups or committees constituted under its banner have provided to the GOI? I think none. Much better and effective inputs have been provided by private individuals than the governmental machinery.

For instance, under the Chairmanship of Mr. Praveen Dalal, Managing Partner of Perry4Law and leading Techno-Legal Expert of India, the First and Exclusive Working Group on Cyber Law in India was constituted last year. It is the first and exclusive Techno-Legal ICT Think Tank of India and includes International and National ICT experts as its Members. It is providing valuable suggestions and recommendations to the GOI regarding Techno-Legal ICT Policies and Strategies that India must adopt. The areas include cyber law in India, cyber security in India, cyber forensics in India, alternative dispute resolution (ADR) in India, online dispute resolution (ODR) in India, etc. Besides it is also “coordinating” National and International Techno-Legal ICT issues and is striving towards an “International Harmonisation” of abovementioned issues.

If we analyse the inputs of this platform we can easily deduce that the platform is not only much more actively participating in matters touching techno-legal ICT policies of India but is also providing its suggestions to GOI on a regular basis. This is what is required from E-governance Standards platform or any other similar platform. In short, GOI must take e-governance seriously as India needs better e-governance management.

SOURCE: ITVOIR

Malware Attacks Are Increasing In India

Malware attacks against Indian Government websites have increased a lot. Even private websites are not spared. Mr. Praveen Dalal has communicated the concerns of Perry4Law to Government of India in this regard.

Recently the website of Department of Telecommunication (DOT), Government of India was found “malware infected”. Now if you try to visit the “All India Congress Committee” website [www.aicc.org.in/new/] through Google you would come across a warning by Google that “this website may harm your computer”. Of the 301 pages Google tested on the site over the past 90 days, 33 page(s) resulted in malicious software being downloaded and installed without user consent. The last time Google visited this site was on 2009-05-26, and the last time suspicious content was found on this site was on 2009-05-26. Malicious software includes 80 scripting exploit(s). This is tremendous malware activity for a single site.

Let us hope the Government of India would consider and apply the suggestions and recommendations of Mr. Dalal immediately and keep the issue of cyber security in mind while implementing its e-governance projects in India.

SOURCE: ITVOIR

India’s Spectrum Allocation Policy Irked Delhi High Court

The Division Bench (comprising Justice Mukul Mudgal and Justice Valmiki Mehta) of Delhi High Court on Friday slammed the first-come, first-served spectrum allocation policy of the telecom ministry, days before Telecom Minister A Raja is to take charge for the second time in Sanchar Bhawan. The Bench observed that "It is like selling cinema tickets. We find it very strange that public exchequer and valuable resources have been involved and misused in this way. We are completely astounded." The bench further said that “Prima facie we find that spectrum has been allocated in a worst manner and public Exchequers have lost thousands of crores rupees". The court referred the matter to another bench headed by Chief Justice and directed it to be listed on July 8.