Saturday, July 4, 2009
E-Governance In India: Interview Of Praveen Dalal
Friday, July 3, 2009
Failure Of 100 Days Workplan Of Indian Government: What Would Be The Next Carrot?
President of India has recently revealed the “Priorities” of Indian Government in the next five years/100 days. However as per experts within a week of time span (100 days starting from 5th June, 2009 and ending on 12th September, 2009) some of the “Promises” of the Indian government seems to be just “political jargon” alone.
Now even a larger community has shown its concerns regarding the feasibility and possible failure of the 100 days plan of Indian government. Even oppositions are coming from the government’s partners and ruling States themselves. For instance, human resource development minister Kapil Sibal had to clarify his stand on his reformative ideas when many States showed their concerns about the proposed reforms.
With the end result of 100 days agenda very apparent, various ministries are now trying to fool Indians by prolonging the “starting point” of the 100 days plan. The government is in no serious mood to actually implement the promises made by it on 4th June 2009. The actual period of 100 days started from 5th June 2009 and the government is just fooling Indians by now claiming that its ministries would release its 100 days plan very soon.
The 100 days period must expire on 12th September 2009. However, the ministries of UPA government have still not wakened to this reality. Rather they are in a mood to give another carrot to Indian citizens to chew by claiming that 100 days plan would be revealed very soon.
With the Parliament session in the corner, the true faces of many ministries would be revealed. The embarrassing moments for the Congress led government are definitely going to haunt the government till the next session of the Parliament. Further if the government is still not serious and honest than perhaps for the rest of its 5 years tenure. As far as carrots are concerned, the government must stop giving them to Indian citizens lest they complaint of perpetual indigestion.
AUTHOR: GUNJAN SINGH
SOURCE: MYNEWS
Thursday, July 2, 2009
US Grappling With Privacy And Cyber Security Balancing Act
Wednesday, July 1, 2009
E-Commerce Law Of India Needs Urgent Amendment
E-commerce is in its preliminary stage in India. It has lots of potential but a weak and inadequate technology law regime is not allowing it to reap maximum benefits. If the government of India makes suitable laws, e-commerce can mature into a profitable industry in India.
Monday, June 29, 2009
Information Technology Amendment Act 2009 Of India
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.
Sunday, June 28, 2009
Effectiveness Of Indian Cyber Law Questioned
In this interview with Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India we are exploring these issues. This interview is a part of the “series” of techno-legal interviews of Perry4Law. For a complete series of these interviews and other techno-legal news, views, opinions, articles etc. kindly see “Techno-Legal News and Views” and “Cyber Laws in India”.
This interview shows the weaknesses and lacunas of Indian cyber law. The cyber law of India falls under the Information Technology Act, 2000 (IT Act, 2000). The IT Act, 2000 was long due for suitable amendments but the proposed Information Technology Amendment Act, 2008 (IT Act, 2008) further weakened and destablised the IT Act, 2000. As Praveen Dalal has intimated, the IT Act, 2008 has not been “notified” by the Government of India (GOI) due to large scale protests and inherent fallacies inbuilt in it. He also suggested a new Information Technology Amendment Act, 2009. Let us hope that this wake up call would finally awaken the GOI from the deep sleep it is indulging in.
SOURCE: ITVOIR
Saturday, June 27, 2009
Judges, Prosecutors And Police Officials Must Be Cyber Law Aware
Judges, prosecutors and police officials have to keep themselves constantly updated on developments in widening application of science and technology to check criminal minds using the ever expanding sphere of cyber space, Kerala Chief Minister V S Achuthanandan said. Inaugurating a southern regional workshop on `Cyber law: Issues and Challenges in Enforcement' here on Saturday, the Chief Minister said `intelligent criminals' would think and act ahead of others to stay in business. "The ever expanding sphere of cyber space has thrown up challenges and opportunities to the criminal minds. They outpace the barriers raised by technology and laws," he said. The Chief Minister thanked the Judges taking part in the workshop and hoped they would come up with suggestions for the government and the judiciary to put in place mechanisms to ensure that the justice delivery system could effectively cope with the new challenges before it. The workshop was organised by the State-run Centre for Development of Imaging Technology (C-DIT).
SOURCE: HINDU
TECHNO-LEGAL SERIES OF INTERVIEW OF PERRY4LAW
It is our pleasure to announce that we would be covering a “series of interviews” of Perry4Law, the Exclusive Techno-Legal ICT Firm of India. Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India has accepted our request in this regard after we successfully complied with the “requirements” of Perry4Law.
The interview series would cover crucial issues like cyber law, cyber security, cyber forensics, hacking, ethical hacking, information technology act, 2000 (IT Act, 2000), proposed information technology amendment act, 2008 (IT Act 2008), wireless hacking, wireless security, defence forces and cyber security, e-governance, e-commerce, e-courts, etc.
As one may deduce from the width of areas involved, this series may span over for many months. All interested persons must keep a close watch upon these “exclusive and informative interviews”.
SOURCE: ITVOIR
Friday, June 26, 2009
Cyber Law Enforcement Facing Legal And Diplomatic Hurdles
Robert Hannigan, the prime minister's security adviser, says the government can no longer rely on defensive measures alone to protect itself against cyber attacks, especially when it suspects that some attacks are sponsored by other governments.
The move coincides with a similar project in the US, where the US military plans a special unit to develop cyber-weapons to defend military networks and help safeguard civilian systems.
But the idea of launching counter attacks breaks new legal ground. In the past, UK law enforcement agencies have worked with the FBI on sting operations, such as Dark Market, which trapped hundreds of would-be hackers. Hannigan declined to speculate on other tactics that might be used.
Wednesday, June 24, 2009
Europe Is Vulnerable To Cyber Crimes
Europe is particularly exposed to cybercrime because of its very success in connecting its citizens to the internet. It is now a top EU priority to roll out high-speed broadband to all 500m citizens wherever they are. An equally compelling priority must be to hand pan-European agencies the powers and means to combat growing criminal abuse of networks.
SOURCE: FT
Cyber Command Set Up By US Military
Tuesday, June 23, 2009
Alan M. Ralsky Pleads Guilty To Fraud
The accused mastermind of a scheme that pumped up the value of "pink sheet" Chinese penny stocks through tens of millions of unsolicited e-mails pleaded guilty today to federal fraud charges.
Alan M. Ralsky, 64, of West Bloomfield Township, known as the "Spam King" for his years as a prolific e-mailer for hire, entered pleas to fraud and money laundering charges late today before U.S. District Judge Marianne O. Battani.
Also pleading guilty were Ralsky's son-in-law, Scott K. Bradley, 38, also of West Bloomfield Township, and co-conspirators James E. Fite, 36, of Culver City, Calif., John S. Bown, 45, of Fresno, Calif., and William C. Neil, 46, of Fresno, Calif., according to federal authorities.
SOURCE: DETNEWS
SEBI To Get More Powers
Capital market regulator, the Securities and Exchange Board of India (Sebi), will soon be able to attach the properties of fraudsters, file application for winding up of market intermediaries under the Companies Act to recover money that investors have lost and will get powers similar to that of a civil court.
With these significant powers, which Sebi's board approved by recommending amendments to the Sebi Act and the Securities and Contract Regulation Act (SCRA), the market regulator will become stronger and more autonomous. There is also talk of doubling the amount of maximum penalty which Sebi can levy on wrong doers from the current Rs 50 crore.
SOURCE: BUSINESS STANDARD
Monday, June 22, 2009
Human Rights Framework For Cyberspace
SOURCE: WEBNEWSWIRE
Face Off With Kevin Mitnick
There is no question who the most famous hacker is. One of the first computer hackers prosecuted, Kevin Mitnick was labeled a "computer terrorist" after leading the FBI on a three-year manhunt for breaking into computer networks and stealing software at Sun, Novell, and Motorola.
Known more for social engineering his way into networks than actually hacking them, Mitnick frustrated law enforcement not only by staying one step ahead of them but also with pranks like leaving doughnuts for them to find when they raided his empty home.
Finally arrested in 1995, Mitnick pleaded guilty to wire and computer fraud charges and was released from prison in 2002. His notoriety has helped him get lucrative speaking engagements and launch a security consultancy, where he gets paid for doing some of the very actions that landed him in jail.
In the first in a three-part Q&A series with hackers, CNET News talked to Mitnick, now 45, about what got him interested in computers in the first place, the differences between hacking today and three decades ago, and whether it's wise to hire a former black hat hacker to do security work.
SOURCE: NEWS CNET
Cyber Law Of India And Human Rights
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.
E-Governance In India Needs Expertise Not Size
The Public Private Partnerships (PPP) Model of India is “faulty” as it is based upon the reputation of the companies involved rather than their “expertise”. A company may be generally good in Information and Communication Technology (ICT) related issues but it may not be so regarding a particular aspect of e-governance. A question that we must ask to the GOI is whether size/reputation of a company is important or its expertise?
The government must take a hard look at its policies while allocating ICT projects to vendors. Its pre-qualification requirements regarding turnover and size of the players while inviting tenders for projects tends to create a situation where many a competitive but smaller player tends to get left out because they do not meet the stringent qualification criteria. Size should not be the sole parameter for allocating a project to an IT vendor, competence should be the most crucial parameter.
If the IT sector has to have a balanced growth, small and medium companies will have to be encouraged as well because they form the bulk of the industry in India Inc. This is not to say that smaller companies should be encouraged at the cost of competitiveness, however there should be a level-playing field for all.
SOURCE: ITVOIR
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
Saturday, June 20, 2009
Terrorist Are Planning The Cyber War
Friday, June 19, 2009
Netizens Of Iran Fighting Back Internet Censorship
As the disturbing events unfold in Iran, with reports of Internet censorship and government crackdowns on communications as the political unrest continues, a search engine developed in India is providing a ray of hope for those trying to tunnel under the radar. Indian developed Yauba.com is touted as the world's first privacy safe, real-time search engine, offering Iranian protesters anonymous access to information from outside the country which would otherwise have been blocked by Iranian censors.
SOURCE: TWEAKDOWN
The Technical Assistance For Law Enforcement In The 21st Century Act Of Canada
Public Safety Minister Peter Van Loan introduced The Technical Assistance for Law Enforcement in the 21st Century Act in an effort to modernize Canada’s Criminal Code to keep up with the Internet and other emerging technologies. Without a legal requirement for ISPs to make their networks wiretappable, the Conservatives argued that criminals will continue to exploit online “safe havens.”
“What the government is proposing today is new legislation that will update our legal framework for interception that was designed nearly 40 years ago in the era of the rotary telephone,” Van Loan said at an Ottawa press conference. “We are simply seeking to modernize our laws to reflect the realities of a 21st (century) high-tech society.”
US Congress Showed Concerns Over E-Mail Surveillance By NSA
The US' National Security Agency is facing scrutiny over the breadth of its domestic surveillance program. According to critics in Congress, its recent penetrations of private telephone calls and emails are broader than previously stated, The New York Times reports.
A new law, enacted by Congress in 2008, gave the NSA greater freedom to collect American's private messages as long as such collections were an incidental byproduct of investigating people "reasonably believed" to be overseas. But it is difficult to distinguish between email being sent by ordinary Americans and being sent from foreign countries — a gray area that's driven some lawmakers to question whether the privacy of Americans in general is being adequately protected.
SOURCE: MARKETINGVOX
Crime and Criminal Tracking Network And Systems Of India
The CCTNS project aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing at the police station level by adopting principles of e-Governance, Union Home Minister P Chidambaram told reporters here. The objectives of the CCTNS project are streamlining investigation and prosecution processes, strengthening of intelligence gathering machinery, improved public delivery system, citizen-friendly interface and nationwide sharing of information on crime and criminals. "This is a critical requirement in the context of the present day internal security scenario," Chidambaram said.
It will facilitate collection, storage, retrieval, analysis, transfer and sharing of data and information among police stations, district, state headquarters and other organisation or agencies, including those at Government of India level, the Union Minister said.
The system will also help in enabling and assisting the senior police officers in better management of police force, besides keeping track of the progress of the crime and criminal investigation, he said.
People will also be able to file complaints to concerned police station and can get status of complaints or cases registered. Besides, copies of FIRs, postmortem reports and other permissible documents can also be obtained through this system, he said.
The project, to be completed in three years, would be initiated by the Ministry of Home Affairs and implemented by the National Crime Records Bureau. "The CCTNS project is to be implemented in a manner where the major role would lie with the state governments in order to bring in the requisite stakes, ownership and commitment...Apart from the required review and monitoring of project implementation on a continuing basis," he said.
With the launching of CCTNS, the erstwhile Common Integrated Police Application (CIPA) programme would be subsumed into it in a manner that the work already done there under is not disrupted. "CIPA had been initiated to computerize and automate the functioning of police stations with a view to bringing in efficiency and transparency in various processes and functions at the police station level and improve service delivery to the citizens," Chidambaram said. So far, 2,760 police stations, out of a total of around 14,000 police stations across the country, have been covered under the scheme.
SOURCE: BUSINESS STANDARD
NATO Would Develop Strategies For Cyber Defense Activities
According to Kenneth Geers of NATO's Cooperative Cyber Defense Center of Excellence, located in Tallinn, Estonia, the challenge for cybersecurity operations these days is keeping law up to date with the latest threats. "Government and militaries and intelligence organizations can't by law do anything that has not been approved and told they can do," he says. The center has been tasked with developing concepts and strategies for cyberdefense activities, as well as with clarifying the issue for government policymakers.
SOURCE: SMARTBRIEF