India Has Officially Become The E-Police State

Cyber law of India has been doomed to its detriment and civil liberties of Indian citizens have been at their nadir. All this has happened due to lack of insight and capabilities of Indian legislation makers. The vested interests have overshadowed public interest and the sole cyber law of India has become an instrumentality for mass deprivation and grave suppression of cyber rights of Indians.

Despite the assurances of the law minister Mr. Molly regarding further amendments in the Information Technology Act, 2008 (IT Act 2008), the same has been notified. This has officially given India the status of a chronic e-surveillance State. The unreasonable and unconstitutional e-surveillance and draconic police state powers conferred by the IT Act 2008 have become the law of the land.

Indians have ceased to hold some of the basic human rights in cyberspace and the omnipresent state powers have doomed the Indian cyber sphere. The accountability is missing and the reasonableness deliberately scrapped off from the provisions contained in the IT Act 2008. Even basic level encryption that is absolutely essential for safe and secure cyber space transactions has been under scrutiny.

It is ironic that the Ministry of Law, Government of India and Mr. Molly finally gave away the freedom and security of India netizens in the hands of otherwise incompetent and inexperienced officials. How the Law Ministry allowed these unconstitutional provisions to be passed is still a bigger mystery?

The IT Act 2008 is a dark moment for the Indians wherein their rights have been curtailed on the one hand and the law has been made impotent on the other. Most of the offences have been made bailable and the deterrent has been lost forever. The misuse of the unbridled powers is very likely to happen as there are no safeguards and reasonable procedures that can prevent the same.

What would be the next step? Perhaps we would not be allowed to write articles like these in future as well if we keep on sleeping like we have been doing in the past.

AUTHOR: SHAYAM PRASAD

SOURCE: MERINEWS

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

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

Indian Information Technology Amendment Act 2009 In Pipeline

Cyber Law of India is in real bad shape and it requires immediate attention and amendments. The Law Ministry of India has finally shown some interest in this regard by accepting the suggestions of experts like Praveen Dalal.

The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 24th September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice. The fact is that no rights and liabilities can be claimed under the Act 2008 till it is notified by the Central Government U/S 1(2) of the Act 2008.

Although some misinformed and ignorant cyber law observers believe that the IT Act 2008 is a good piece of law yet the Law Ministry of India must remain unaffected and unguided by their claims. The Law Ministry must avoid falling into the traps of the self claimed cyber law experts who are neither lawyers nor have knowledge of cyber law. Further, the Ministry must also not pay much attention to the “bureaucratic alliances and favours” to the industry players who are lobbying real hard to make the Information Technology Act, 2000 (IT Act, 2000) a weak piece of legislation.

It would be good idea to consult real and knowledgeable techno-legal experts this time by the Law Ministry. Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law opined that the Law Ministry of India would commit a big mistake by approving the present IT Act, 2008. On the contrary he suggested that the Law Ministry must “reformulate” the amendments and should come up with the Information Technology Amendment Act, 2009 (IT Act 2009).

The Law Ministry of India has accepted the suggestions of Praveen Dalal regarding introducing IT Act, 2009, strengthening Extradition Law of India to effectively challenge the cyber crimes, including effective provisions regarding cyber war and cyber terrorism in India, International harmonisation of cyber law, providing sound cyber law and cyber security regime in India to encourage foreign direct investment and outsourcing to India, etc.

The IT Act 2009 is expected to be introduced within the next two months during the winter session of the Parliament. Let us hope that we can expect some sensible and effective legislation this time from the Law Ministry and Ministry/Department of Information Technology (DIT) that is neither based upon industry lobbying nor upon the naïve suggestions of the self claimed cyber law experts and corrupt and ignorant bureaucrats.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Techno-Legal Expert Doubts Effectiveness Of Criminal Tracking Network and Systems Of India

Besides having a bad cyber law India also has pathetic cyber security and inadequate cyber forensics capabilities. In the absence of requisite legal framework and expertise, is the government of India justified in spending thousands of crores of hard earned public money on projects that are going to fail? Techno-Legal experts like Praveen Dalal have been reiterating this fact time and again. Will the government of India listen or keep on wasting millions of money upon hit and trial projects?

The Central Government is working upon a Rs 2,000-crore ambitious project titled Crime and Criminal Tracking Network and Systems (CCTNS). Its purpose is to bring all 16,000 police stations in the country under a single network. The same is designed to counter terror challenges and will become operational by 2011-12. The Home Ministry is working on the CCTNS infrastructure. This linking of all police stations with a centralised system would help in easy and effective information sharing and action taking.

However, the real question is will India be in a position to firstly establish and then actually implement this ambitious project? There is no doubt that India does not have experts to establish and manage this highly technical system. Further, even if we train enough people to man this system, it may fail to produce results.

Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law is of the opinion that India should first arrange for good techno-legal experts before jumping upon the technical terrains of CCTNS. He further informs that a similar initiative undertaken by the US Government to modernise the FBI’s crime tracking system known as the Virtual Case File failed miserably due to lack of planning and effective strategies.

The good thing about the proposed CCTNS project is that the government has time to put it in place till 2012. However, keeping in mind the past experience as well as the governmental capabilities this seems to be dream beyond accomplishment. Till the governmental will is there to achieve the results, these highly glamorous projects are at best a bad policy decision to waste hard earned public money.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

DoT Compromised National Security By Succumbing To Global Carriers' Remote Access Demand

The demand for allowing Remote Access (RA) by global carriers in India has got a nod from the Department of Telecom. RA is a provision that will enable them to monitor the services they provide to corporate clients in India from locations abroad.

THE DEPARTMENT of Telecom (DoT) has given nod to the demand by foreign carriers in India- AT&T, British Telecom, France Telecom, Verizon & Cable & Wireless- that their Indian operations be allowed Remote Access (RA), a provision that will enable them to monitor the services they provide to their corporate clients in India from locations abroad.

These global carriers will also be allowed to transfer user information of their clients to locations outside India.

Surprisingly, the intelligence agencies did not raise the national security concerns regarding this crucial decision of the DoT. When the otherwise useful VOIP services have been recommended to be banned by the intelligence bureau (IB) there is no reason why remote access should be allowed.

Is it the double standards adopted by the IB and DoT or are they serving the commercial interests of the big telecom service providers? It is high time that the Central government must step in and take some concrete steps to avoid immature decisions of these natures.Constituting a core group or task force in this regard may be helpful especially for a department like DoT that has been continuously providing absurd policy decisions from time to time.

AUTHOR: RAM.K.KAUSHIK

SOURCE: MERINEWS

Is The Unique Identification Authority of India (UIDAI) Legally Constituted?

India seems to be following the hit and trial method for some of the most crucial projects in India. The end result is obvious, i.e. wastage of crores of public money and violation of civil liberties of the Indian citizens. In this “guest column”, Mr. Praveen Dalal , Managing Partner of Perry4Law has shared his valuable insights in this regard.

India is notoriously infamous for creating authorities and agencies without any legal sanction and framework. Surprisingly, a majority of them pertains to law enforcement and intelligence agencies like CBI, IB, RAW, etc. What India is actually doing is using administrative circulars and executive orders to give legitimacy to these institutions. Why these circulars and orders have still not been declared “unconstitutional” by Indian judiciary is still a bigger mystery?

The latest in the league is the Unique Identification Authority of India (UIAI) managing the proposed Unique Identification Cards for Indian citizens. Where is that authority, what are its rules and regulations, what legal framework is supporting it, what are the legal and technical safeguards available for the possible misuse of the same, etc are some of the questions that would always vex the Indians.

It seems India has developed a habit of constituting “multiple agencies” without and legal framework and sanctions. This would result in more troubles than solutions. None can dispute that the unique identification number's database is too precious to be handled so casually.

On the front of security and safety of unique identification number's database, even Nandan Nilekani has accepted these concerns to be “legitimate one”. For instance, it would be a big task to secure such database from possible hacking and free from any misuse.

Invasion of Privacy of Indian citizens by Indian Government and its Agencies is certainly going to be there in future. This is more so when the Indian Government has openly declared its Policy to adopt endemic surveillance and e-surveillance over Indian citizens. The Indian Government would spend 800 Crores hard earned public money for tapping all phones in real time. Ironically, Indian citizens’ money would be used against Indian only and that also in an illegal and unconstitutional manner.

With the “Judicial Silence Strategy” adopted by the Delhi High Court and Supreme Court of India, the fate of the already scarce Privacy and Data Protection Rights in India is going to face extermination. It would be a good idea to call for explanation form Indian Government and stressing upon establishment of proper safeguards before departing with any sensitive information to the Unique Identification Authority of India (UIAI).

Mr. 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. These are his personal views and opinion.

AUTHOR: PRAVEEN DALAL

SOURCE: MERINEWS

Police Reforms And Empowerment In India In Pipeline

Pointing out that the 26/11 Mumbai terror strike was the tipping point for revamping the country’s security, Home Minister P. Chidambaram Monday said security and police agencies have to depend increasingly on technology and innovation to combat new-age terror.“This conference must mark the beginning of a process of reinventing the security system in the country. We must learn from our past mistakes. We must also learn from the experience of other countries,” said Chidambaram while addressing a three-day conference of police chiefs at Vigyan Bhavan here.

“It is the neglect of tried and tested methods that has led us to a situation where we seemed unequal to the challenges that face the internal security of the country,” Chidambaram said. However, it is not enough to walk with firm steps on the path that is known. We must also lay out a path forward that will draw heavily upon technology and innovation.”

In this context, Chidambaram pointed to the Crime and Criminal Tracking Network & Systems (CCTNS) and the National Grid (NATGRID). The two ambitious projects, when fully rolled out and implemented would mark a quantum jump in police forces’ ability to counter challenges, the home minister said.

The CCTNS with an outlay of Rs.20 billion aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing at the police station level through adoption of principles of e-governance. It also provides for the creation of a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system around investigation of crime and detection of criminals in real time.

The home minister, who was impressed with New York’s National Counter Terrorism Center (NATC) during his US visit last week, said he wanted to replicate the same in India as well as enlarge the scope of the Mutli-Agency Centre that analyses intelligence inputs. “There is the need to enact a model police Act. Mega-city policing is a new requirement, and there is much to learn from the experiences of other mega-cities. I wish to sharply upgrade our Forensic Science Laboratories and make them among the best in the world.” “Prison reform is also on my agenda,” he said.

The home minister exhorted police chiefs to throw up more ideas and suggestions that would, when implemented, give people a security system they deserve and that will render India a country that is safe for all its people and for all those who visit it.

SOURCE: THAINDIAN

Legal Framework For Law Enforcement And Intelligence Agencies Is Urgently Required In India Says Expert

Mr. B.S.Dalal is the Senior Partner at Perry4Law. He is a qualified Lawyer and Consultant and has vast Techno-Legal experience and expertise. In this precise and apt piece of work he has correctly and wisely put forward the legal dilemma through which the Indian law enforcement and intelligence agencies are undergoing. There is an emergent need on the part of Indian government to resolve these issues as soon as possible.

Legal framework is the backbone for any crucial function of the government. This is more so where the law enforcement and intelligence activities of the State are involved. Law enforcement and intelligence activities and functions touch the most basic aspects of a person’s life. That is why we have strong human rights and constitutional protections that safeguard the life and liberties of such persons.

It would be both ironical as well as violation of basic human rights and fundamental rights if the law enforcement and intelligence activities are conducted in an illegal, unreasonable and improper manner. The duties, functions, liabilities and rights of these law enforcement and intelligence agencies must be specified in an unambiguous and proper manner. There is no scope for any sort of ambiguity in these functions of the State.

For instance, the British Security Service is one of three intelligence services or “Agencies”. These include the Secret Intelligence Service (SIS), commonly known as MI6, the Governmental Communications Headquarters (GCHQ), and the Security Service (MI-5). While there are significant differences between the British and US legal structures for law enforcement and intelligence services, MI6 is most like the CIA, GCHQ resembles the NSA, and the Security Service most closely resembles the FBI. All of them are constituted under duly enacted legislative frameworks.

Surprisingly, India has taken a very strange approach in this regard. The CBI, IB and RAW in India represent a case in which there is almost no law to look at. Further, there is no legally tenable mechanism that can keep an eye upon these agencies and their functioning. With the enactment of National Investigation Agency Act, 2008 some steps have been taken in this regard. However, the viability and constitutionality of this Act is yet to be checked. When the Center encroaches upon the powers of the States, constitutional crisis and disputes are bound to arise.

The winter session of the Parliament is approaching soon and a holistic and sensible approach in this crucial direction would go a long way in providing a durable law enforcement and intelligence agencies legal framework in India.

AUTHOR: B.S.DALAL

SOURCE: MYNEWS

Judicial Reforms Are Urgently Required In India

India is in emergent need to adopt judicial reform as public trust and confidence in Indian judiciary is at its nadir. E-Courts have the potential to remove the mammoth backlog of cases existing in India but India does not have expert individuals and firms to implement this ambitious project.

Judicial reforms in India have become the pressing need of the hour. This is so because the huge backlog of cases is increasing on the one hand and the efficiency of the courts is decreasing on the other. This is happening because the numbers of judicial officers are much shorter than the required strength. If there is not an urgent, immediate and holistic judicial reforms drive in India, the judicial system of India is going to collapse.

Here lies the importance of information and communication technology (ICT) for rejuvenating the dying judicial system of India. ICT can provide the most viable solution of e-courts in India for reducing the backlog of cases.

E-Courts in India have tremendous potential to reduce the backlog of cases. However, establishment and implementation of e-courts requires techno-legal expertise that is presently missing in India. As a result e-courts projects in India always failed from time to time.

Ironically India has very few e-courts experts who can really give Indian e-courts project a shape. However, till now neither the Indian government nor the Supreme Court e-court committee has seriously though about taking help of the experts in this regard.

Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Specialist of India is of the opinion that we nee pro-active role on the part of government as well as e-court project management team to successfully implement the same. He maintains that the backlog of cases would ultimate crush the legal and judicial system of India if a timely action is not taken immediately. Establishment of timely e-courts is a good option in this regard according to him.

Even on the legislative side as well India is lacking far behind. India has the sole cyber law in the form of information technology act, 2000. The same is inadequate on many counts and cannot accommodate the requisites of e-courts in India. Further issues of cyber forensics and cyber security would also impede the e-courts projects in India. The national e-governance plan must also be suitably reformulated in his regard. The government must act immediately to get the desired results.

Finally, judicial reforms are a “collective task” that cannot be achieved by any single player. The government of India must come up with an expert committee or working group in this regard so that the collective expertise of various experts can be taken at the earliest possible occasion. However, the government of India must act fast before it is too late to do anything.

AUTHOR: EDITOR LNAV

SOURCE: OPEDNEWS

The Demise Of IT Act 2008

Governmental dealings are very apparent provided we are willing to understand and accept the same. For instance, the Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 2nd September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice.

As per the latest report, the government has claimed that it would finalise in a month the rules of the IT Amendment Act, which deals with issues like cyber crime and data interception. "We have already put up draft rules of the IT (Amendment) Act on the website and have also received comments. We are trying to finalise the rules within a month," Department of Information Technology (DIT) Secretary R Chandrashekhar told reporters on the sidelines of a CII conference in New Delhi on Monday.

It is clear that we need to reformulate the IT Act 2000/2008 in order to make it effective. There is neither a requirement nor a possibility that the IT Act, 2008 would be notified by the government of India even after one month. In all probability a new IT Act 2009 would be formulated in the winter session of the Parliament.

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.

SOURCE: ITVOIR

Cyber Laws Are Urgently Required To be Strengthened In India

Cyber security is a big challenge for India. The government of India is not only unaware about the basics of cyber security but is also adamant about not bringing suitable changes. Whatever positive development that has taken place in India pertaining to cyber law, cyber security and cyber forensics can be attributed primarily to Mr. Praveen Dalal and Managing Partner of Perry4Law.

The government of India has recently come up with the proposed information technology amendment Act, 2008 that was passed by both rajya sabha and lok sabha without even a discussion or debate. It is only after the strong protest by Perry4Law and Mr. Praveen Dalal that the government is now considering to review its decision before finally coming out with the amended information technology act, 2000. Let us hope the government would seek the expert advice and suggestions of cyber law experts like Mr. Praveen Dalal before finally coming out with the act.

An interesting development that has taken place after the proposed IT Amendment Bill, 2008 is that ASSOCHAM and some others cyber law observers have endorsed and accepted the views and stand of Perry4Law and Mr. Praveen Dalal. They are also insisting upon including provisions for a strong cyber law and effective cyber security in the ultimate IT Act, 2000. It is good to see that even the Indian Judiciary and Supreme Court of India have now endorsed the opinion and vies of Mr. Praveen Dalal and Perry4Law

The rajya sabha and lok sabha have acted not only hastily but also irresponsibly while passing the IT Act Amendment Act, 2008. Surprisingly, till now the amended bill has not been notified by the government of India. It seems the government is not serious about bringing suitable changes in the IT Act, 2000 either due to absence of expertise or due to political reasons. Whatever the reasons may be but the government has no choice but to bell the cat now.

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. In the absence of a sound legal framework for the ICT systems in India,

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.

SOURCE: CLAIRE35

Monopolies And Restrictive Trade Practices Act Will Be Repealed Soon

Section 66 of the Competition Act for repealing the Monopolies and Restrictive Trade Practices (MRTP) Act and dissolution of the MRTP Commission would be notified by Tuesday (1st September 2009), said Salman Khurshid, minister of state for corporate affairs. This move would end the problem of concurrent jurisdiction between the two laws.

The Competition Commision of India (CCI), established in 2003 as an advisory body, got statutory powers in 2007 by an Act of Parliament. Thus, this had necessitated repealment of the MRTP Act.

The minister also said in an interaction with members of PHD Chamber of Commerce, an industry body, that the government was open to a dialogue with the industry to know its apprehension and concerns relating to notification of Section 5 of the Competition Act. The Section related to mergers and amalgamations.

He also said that issues relating to prosecution will be addressed in the New Companies Bill. In the new Bill, many routine defaults will be made compoundable offenses and not treated as criminal offenses.

SOURCE: BUSINESS STANDARD

Chinese ICT Equipments And National Security Issues In India

India is to investigate whether its use of Chinese-made telecom equipment in sensitive border and insurgency-hit areas could jeopardise national security, a minister said Friday. "It is a security issue. The government is looking into the matter," junior telecom minister Sachin Pilot said in New Delhi, according to the Press Trust of India news agency. "Whatever prudent decision is jointly recommended by the ministries of home affairs and communication and information technology, the government will not hesitate to take it," Pilot added. A report this week in the Hindustan Times newspaper said India's intelligence agencies had warned that Chinese products could have embedded elements enabling China to launch a cyber attack or shut down the equipment. China and India share uneasy relations thanks to an unresolved border dispute dating back to a brief but bitter war in 1962. China's close ties with India's arch rival Pakistan are also a cause of tension. But bilateral trade between the economic rivals has zoomed to exceed 40 billion dollars, according to industry and government estimates. India is battling myriad insurgencies, ranging from an Islamist rebellion in its Himalayan region of Kashmir to Maoist unrest in a vast swathe of eastern and central India and tribal separatism in its northeast.


SOURCE: ECONOMIC TIMES

Compensation Ordered For Corporate Negligence In Cyber Crime Cases In India

Human rights violation in cyberspace may take many shapes. One of them is the negligence committed by the Internet service providers (ISPs). The infamous case of Lakshamana Kailash's arrest by police for the negligence of Bharti Airtel is a classical example of the same. In a welcome step the Maharashtra State Human Rights Commission (MSHRC) has directed Bharti Airtel to pay Rs 2 lakh as compensation to the Bangalore-based techie for providing wrong information to the police that led to his arrest in 2007. Although the compensation awarded is meager as compared to the claimed compensation of 20 crores yet the gesture of suo motu action on the part of MSHRC is really praise worthy.

The story of Lakshamana Kailash's arrest smacks of all that can go wrong with an investigation. Kailash spent 50 horrifying days in a Pune jail after he was arrested by the police on the basis of information provided by Bharti Airtel regarding the Internet protocol (IP) address used to create a profile on Orkut defaming Shivaji. The Commission, which took up the case suo motu after reading newspaper reports, found that Bharti Airtel provided wrong information to the police on the IP address as they made a mistake in the time for which the information was sought. The 12-hour time difference for information provided led to the arrest of the wrong person.

"In our opinion, the company officials misled the police by providing wrong information. They did not care to check whether the requested time was AM or PM and gave details of the victim who used the IP address in the morning instead of night," The Commission noted in its June order.

On the basis of information provided by Bharti Airtel, Kailash was arrested on September 1, 2007. Subsequently, when yahoo provided its independent information, the three real culprits were arrested on October 3, 2007. Despite arresting the real culprits, it was only on October 20, 2007 that the police filed an application to release Kailash.

It seems the issues of human rights protection in cyberspace in India are going to be frequent in the future.

Cyber Regulations Appellate Tribunal Of India: A Dream Or Reality

Over two years after the Cyber Regulations Appellate Tribunal (CRAT) — the maiden forum in the country to exclusively try cyber cases — became functional, it recently got a new address and a well-equipped courtroom. However, the red tape policy of Indian government has not allowed it to be an effective cyber crimes redressal forum.

Firstly, there is a general lack of awareness among not only the public but the law enforcement as well. This has resulted a lower rate of cyber crime reporting in India till now. Secondly, even the judicial officers are not aware about the basics of cyber law and cyber crimes. This has resulted in lower conviction rates in India.

The CRAT cannot effectively serve its purpose till we make it functional in every aspect. The manpower need training, the government needs to be serious, law enforcement must be aware about cyber crimes, etc.

The Stalled Judicial Reforms In India And The Decisive Bold Step

It is now clear that the declaration of the law minister Mr. Molly regarding judicial reforms in India proved to be just a wish alone. With no hopes for the judicial and legal reforms in India left, we are now witnessing a silver lining in the dark clouds of mammoth backlogs of cases and archaic and redundant laws. With a welcome step that shows the fairness and boldness of the judicial officials like Justice DV Shylendra Kumar, a new debate has once again cropped up.

The Government had to withdraw the Bill on Judges' Assets in the last session of Parliament after a chorus of protest from the Opposition against the provision that a judge's assets would be beyond the purview of the Right to Information Act. Justice Kumar argued that it was the Supreme Court itself that pushed RTI and said that he was than willing to declare his assets in public.

MORE: IBN LIVE

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

India Is Heading Towards The Cyber Crime Nation Of The World

Thanks to the weakest cyber law of the world, India is heading towards becoming the cyber crime nation of the world. This is not the first time that similar concerns have been raised. Previously, Praveen Dalal, Managing Partner of Perry4Law, the leading techno-legal ICT law firm of India has cautioned that India is not only suffering from malware attacks but is also emerging as the focal point for cyber crime activities.

India is fast emerging as a major hub of cybercrime as recession is driving computer-literate criminals to electronic scams, claimed a study by researchers at the University of Brighton.

Titled 'Crime Online: Cybercrime and Illegal Innovation', the study states that cybercrime in India, China, Russia and Brazil is a cause of "particular concern" and that there has been a "leap in cybercrime" in India in recent years, partly fuelled by the large number of call centres.

"One recent report ranked India in 2008 as the fourteenth country in the world hosting phishing websites. Additionally, the booming of call centres in India has generated a niche for cybercriminal activity in harvesting data", the report maintained.

It is sad that India is doing nothing to improve this position. There is an emergent need to reformulate Indian cyber laws like IT act, 2000 and make them more stringent and effective.

Google Revealed The Blogger Identity

In January, the 37-year-old Ms. Cohen sued Google after the search engine giant declined to provide her with the identity of the blogger who made five posts on the "Skanks of NYC" blog in August of 2008.

Although Ms. Cohen's lawsuit received widespread global attention because of its connection to Google, such cases are not uncommon online, where users will often push the boundaries of free speech behind a perceived curtain of anonymity.

"Requiring an intermediary, whether it's an ISP [Internet service provider] or a search engine, to disclose the information they have off of an IP address or an email address is pretty common," said Michael Geist, a University of Ottawa professor who holds the Canada Research Chair in Internet and e-commerce law.

"But I think it happens a bit behind the scenes ... and sometimes it takes these higher-profile cases for people to better understand that, where required, intermediaries will disclose whatever information they have and that veil of anonymity that some people think they have isn't quite as strong as they think."

Google declined to comment directly on the lawsuit, opting instead to issue a brief statement saying the company sympathizes with anyone who winds up the victim of cyber bullying. "We also take great care to respect privacy concerns and will only provide information about a user in response to a subpoena or other court order," the company said. "If content is found by a court to be defamatory, we will of course remove it immediately."

SOURCE: NATIONAL POST

Use Of Technology In India To Remove Chronic Backlog Of Cases

E-Courts in India have tremendous potential to reduce the backlog of cases in India. However, establishment and implementation of e-courts requires techno-legal expertise that is presently missing in India. As a result e-courts projects in India always failed from time to time.

Ironically India has very few e-courts experts who can really give Indian e-courts project a shape. However, till now neither the Indian government nor the Supreme Court e-court committee has seriously though about taking help of the experts in this regard.

Mr. Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Specialist of India* is of the opinion that we nee pro-active role on the part of government as well as e-court project management team to successfully implement the same. He maintains that the backlog of cases would ultimate crush the legal and judicial system of India if a timely action is not taken immediately. Establishment of timely e-courts is a good option in this regard according to him.

Even on the legislative side as well India is lacking far behind. India has the sole cyber law in the form of information technology act, 2000. The same is inadequate on many counts and cannot accommodate the requisites of e-courts in India. Further issues of cyber forensics and cyber security would also impede the e-courts projects in India. The national e-governance plan must also be suitably reformulated in his regard. The government must act immediately to get the desired results.

* Mr. 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 e-courts and are internationally renowned in this regard.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Technological Harrasment Is Increasing In India

A real estate agent based in Bangalore was arrested in Chennai on Sunday for allegedly harassing Tamil film heroine Sneha by sending frequent text messages on her mobile phone urging her to marry him.

Sneha had on Saturday submitted a complaint to the city police commissioner T Rajendran claiming that she was receiving text messages bordering on sexual harassment on her phone from an unindentified person. The sender was pestering the heroine to marry him.

The police commissioner forwarded the complaint to the cyber crime wing. An investigation team headed by assistant commissioner of police (cyber crime) M Sudhakar traced the mobile number to N Raghavendra of Bangalore. He was tracked down and arrested from T Nagar in Chennai.

This is the second instance of a film star being harassed by a love-struck fan in the recent past in Tamil Nadu. Earlier, a Malaysia-based diehard female fan of top actor Suriya had come under police scrutiny when she repeatedly called him at odd hours urging him to marry her. That incident happened two years ago.

In the present case, police have registered a case under various sections and arrested Ragavendra. He was remanded in judicial custody after being produced before the XI metropolitan magistrate court in Saidapet on Sunday. Police recovered his mobile phone and sent it to the cyber lab for verifying whether he had sent the text messages to Sneha using this mobile phone.

"Based on information provided by the service provider, we located the address of Raghavendra and questioned family members in Bangalore about his whereabouts. Raghavendra had actually come down to Chennai to meet some of his business associates. Subsequently, we traced his whereabouts city using his mobile phone tower location. On an indication that he was somewhere in T Nagar area, we accosted one of his friends and asked him to talk to Raghavendra to trace his exact location. Based on this information, a police team nabbed Raghavendra in front of a hotel in T Nagar and took him into custody," deputy commissioner of police (central crime branch) C Sridhar told The Times Of India.

Initially, Raghavendra denied the allegation but later conceded to having sent the text messages to Sneha. Raghavendra, a B Com graduate, had trained in an auditor's office in Bangalore and is now engaged in the real estate business. He was acquainted with realtors in Chennai and used their contacts to tap potential buyers of properties here; he often travelled to the city.

"He claimed to have got Sneha's mobile number from a contact in Chennai last year and from then on he had been sending love text messages to her. Initially Sneha ignored these messages, but she took it seriously when she received messages with an intimidating tone," a police officer said.

SOURCE: TOI

Electronic Voting Machines Can Be Manipulated In India: Says Experts

Recently there has been lot of controversies regarding electronic voting machines (EVMs) in India. In this “guest column”, Mr. Praveen Dalal is providing his views and opinion in this regard.

Electronic Voting Machines (EVMs) have revolutionised the Indian election process. EVMs have many advantages over the traditional paper based voting system. However, all the advantages are futile if they can be abused and the election results can be manipulated.

The ECI-EVMs in India are claimed to carry many security safeguards. The machine code of the source programme code known as hex-code (not the source code itself) is given to the micro controller manufacturer for fusing in the micro controllers. From this machine code, the source code cannot be read. Source code is never handed over to anyone outside the software group.

This makes the comparisons between ECI-EVM and EVMs used by foreign countries irrelevant. Most of the systems used in other countries are PC based and running on operating Systems. Hence, these could be vulnerable to hacking. The EVM in India on the other hand is a fully standalone machine without being part of any network and with no provision for any input. The software in the EVM chip is one time programmable and is burnt into the chip at the time of manufacture. Nothing can be written on the chip after manufacture. Thus the ECI-EVMs are fundamentally different from the voting machines and processes adopted in various foreign countries.

The source code is so designed that it allows a voter to cast the vote only once. The next vote can be recorded only after the Presiding Officer enables the ballot on the Control Unit. In between the machine becomes dead to any signal from outside (except from the Control Unit). The control units do not electronically transmit their results back the Election Commission, even though a simple and unconditionally secure protocol for doing this exist. The EVMs are purposely designed in this manner to prevent any intrusion during electronic transmission of results. Instead, the EVMs are collected in counting booths and tallied on the assigned counting days.

Despite all these safeguards, the chances of abuses and manipulations cannot be ruled out. These abuses may be man made and effectuated or technological glitches and manipulations.

Some of the objections in this regard point that the machines only display an electronic number but there is no paper trail to cross check against as physical proof of who people actually voted for. Similarly, concerns have been raised that no EVM is safe from hacking or rigging. The EVMs are manufactured by a state owned organisation, Bharat Electronics Limited (BEL). BEL and ECI consider obscurity and obfuscation as security, however this is really not security. The human element is weakest in the security chain and in the absence of an external authentication and corroboration, the results may be manipulated.

If we go through a good cyber forensics phase, these manipulations can be traced and taken care of. For instance, all the data is recorded on non-volatile dual redundant memory chips and can be retained for over 6 months even when the power pack is removed. Even when the battery is removed the memory in the microchip remains intact. If the Court orders a recount, the Control Unit can be reactivated by fixing the battery and it will display the result stored in the memory. Now if any political party, person or institution is not satisfied with the election results and smells some foul play, he/she/it must act within these 6 months otherwise the data may be lost forever. Of course, if there is a backup of the data the same may be kept for a longer period.

Now the crucial question arises is what if voting is proved to be tainted subsequently after cyber forensics appraisal and a Government has been formed on the basis of that voting? Will the Election Commission declare such elections null and void? Will the President of India declare a re-election? Will the Supreme Court of India take cognisance of this fact?

There is no sense if this crucial matter is taken lightly by the Election Commission, President of India, Supreme Court of India, etc. The ghost of EVM is still haunting these authorities and it would be better if the matter is resolved once for all as soon as possible.

Mr. 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. These are his personal views and opinion.

LPO Industry In India Is Calling

In an informative piece of work, Dhiraj Phukan, Associate Leader-Consulting with KPO Consultants, has elaborated on this aspect. According to him these turbulent times have opened doors of opportunities for prospective entrepreneurs, lawyers, and present companies to enter, consolidate, and grow their business in the LPO sector.

Well renowned company expert, Mr. Praveen Dalal of Perry4Law said that his company has seen an increase in requests on LPO assignments at the moment as compared time before recession.

It seems the LPO opportunities are increasing in India and India being the hub of LPO assignments has lot to offer.

WI-FI Banned In Many Indian Offices

The Home Ministry has banned the use of wireless fidelity (WiFi) internet or WiFi-enabled computers in sensitive ministries and has issued dos and don’ts for departments and Indian missions abroad which use such service.

“In view of the vulnerabilities associated with the usage of WiFi and their exploitation by terrorists/criminals and unscrupulous hackers, sensitive ministries and departments are advised not to install or use any WiFi network in the offices,” says a July Ministry of Home Affairs circular.

The ministries will have to install “best available” WiFi intrusion detection systems and carry out regular audit of their airspace to detect hot spots, rogue access points etc. The move follows terror emails sent by militants of the Indian Mujahideen by hacking open WiFi services to send emails around the time of blasts in Jaipur, Ahmedabad and Delhi.

The MHA said that a survey of WiFi networks in the National Capital Region had shown that over 73% of the detected networks, including those in key central and Delhi government offices and prominent financial institutions, had “either no or very weak security.”

Ministries and Indian missions which install WiFi networks will have to ensure that these are robust enough to “protect confidentiality, integrity and availability of the information data” as well as implement secured authentication, authorization and encryption.

Officials traveling abroad have been told to desist using open-access points available free at international airports. And, in case they do, they should enable the firewall in their computer, run random checks to see if anyone else was using their computer, encrypt wireless traffic using virtual private network (VPN) etc, the guidelines say.

SOURCE: INDIAN EXPRESS