ICT Policy Of India Needs Rejuvenation

Information and communication (ICT) related policy matters are always ignored in India. Experts have been advocating for the rejuvenation of ICT polices and strategies in India. However, despite all glamour and big fuss, nothing concrete and substantial has been achieved in India. The fact is that e-infrastructure and e-governance in India are in really bad shape.

The role of Indian department of information technology (DIT) and Indian department of telecommunications (DOT) is far from satisfactory. Till now India does not have an “ICT Vision”. All Indian decisions regarding ICT are ignorant, half hearted, corruption laden, transparency lacking and retrograde in nature.

Whether it is lawmaking or policy formulation, ICT is an ignored field. Indian government is least bothered to rectify this position and Parliament of India seldom interferes in this process.

Further, in matters of cyber law, cyber security, cyber forensics, judicial training, law enforcement training, etc there is a complete failure in India. For instance, India has cyber criminal friendly and impotent cyber law, meager cyber security and cyber forensics capabilities, excessive e-surveillance, absence of privacy and data protection laws, rampant corruption, absence of transparency and many more vices.

We do not have an ICT Policy that can cater the requirements of these fields. All we have are thousands of unfulfilled promises by our ruling government where no action has been taken upon them since decades.

It is high time for the government of India to formulate and implement good, effective and transparent ICT policies and strategies in India. DIT and DOT must at least now play some pro active role in this regard.

Cyber Law Of India Needs Urgent Amendments Says Praveen Dalal

India’s sole cyber law was enacted in the year 2000 in the form of information technology act 2000 (IT Act 2000). The same was a good beginning and it was expected that the law would be upgraded and refined from time to time. However, till 2008 nothing positive happened. In fact, in year 2008 the information technology amendment act 2008 (IT Act 2008) was introduced and in 2009 it became an enforceable law.

This was the most retrograde and repressive step taken by India towards making it a safe heaven for cyber criminals, says Praveen Dalal. By making a dominant majority of cyber crimes “bailable”, India has made its cyberspace a safe heaven for cyber criminals, warns Dalal.

As a natural consequence, e-commerce and e-governance in India have been badly affected. E-infrastructure and e-governance are in doldrums, Internet banking risks are increasing unchecked in India, cyber crimes are increasing and so on.

So what is the solution for this mess created by Indian government? In the opinion of Praveen Dalal, the electronic economy of India is suffering badly due to weak and ineffective laws on the one hand and ill informed and defective ICT policies on the other hand. He maintains that India must concentrate upon enacting sufficient and effective cyber laws on the one hand and formulating and implementing an effective ICT Policy on the other hand. Further, there is an absolute requirement of formulating lawful electronic communications interception law in India as present framework is not constitutionally sound, suggests Dalal.

But these objectives seem to be too good to achieve considering the past experience of India. For instance, the IT Act 2008 made the cyber law of India impotent and weak under the pressure from industrial lobbying. Similarly, the way home ministry and department of information technology (DIT) or/and department of telecommunications (DOT) are becoming paranoid regarding e-surveillance, these objective seem to be a distant reality in India.

E-Governance And E-Infrastructure In India In Trouble

E-governance in India has been a big flop show despite various media reports. There are numerous reasons for the failure of e-governance in India. The chief among them are lack of insight among the policy makers, lack of management, lack of transparency, lack of accountability, absence of public participation, etc.

Naturally, there is almost no development on the front of e-infrastructure in India despite wasting thousand crores of public money. The only achievement in this regard is achieved on governmental and bureaucratic papers alone.

Take the example of e-courts in India. Till the month of November 2010 we do not have even a single e-court in India. Similarly, we do not have an online dispute resolution (ODR) model that can strengthen the dying arbitration system of India.

Take another example of the unique identification project of India or Aadhar project of India. The UID project /Aadhar project is neither supported by any legal framework nor it is technologically sound. Even there is no guarantee that Nandan Nilekani led unique identification authority of India (UIDAI) is capable of managing the cyber security and data security of the data and information collected by it.

Since 2006, the ICT trends in India have been showing the inadequacies of the ICT policies and strategies of Indian government. As per the ICT Trends of India 2009 provided by Perry4Law and Perry4Law Techno Legal Base (PTLB), Indian efforts for streamlining use of ICT have further degraded from 2008. The year 2009 saw some major ICT pitfalls and bad decisions were made by the Indian government. Overall the year 2009 can be said to be “Blunder ICT Year” of India that was really bad for "Human Rights" of Indian netizens.

Even on the front of modernisation of police force in India, there have been many lapses. On the front of Internet banking, Indian online banking infrastructure is at grave risks of cyber crimes. This is so because on the one hand the home ministry is imposing a foolish level of encryption use upon Indians whereas the department of information technology has already killed the cyber law of India. By making almost all the cyber crimes bailable, India has given a green signal to cyber criminals all over the world to exploit Indian cyberspace.

On whatever e-governance or e-infrastructure project we may look, we can only find dejection and failures. Corruption, lack of transparency and lack of accountability is killing all e-governance and e-infrastructure projects in India.

Lawful Interception Law In India

Lawful interception (LI) is obtaining communications network data pursuant to lawful authority for the purpose of analysis or evidence. If the data is not obtained in real-time, the activity is referred to as access to retained data (RD). LI is conducted in accordance with the local laws. Under some legal systems, LI requires following due process and receiving proper authorisation from competent authorities.

India does not have any legal and constitutionally valid lawful interception law for electronic communications. The sole cyber law of India is incorporated in the form of information technology act 2000 (IT Act 2000). The same was amended through information technology amendment act 2008 (IT Act 2008) and from here started the real problem.

According to Praveen Dalal, leading techno legal and cyber law expert of India, we need good and effective lawful interception policy in India. Presently, the IT Act 2000 carries the provisions regarding interception of electronic communications that are not “Constitutionally Sound” and fail to satisfy the “Due Process Requirements”. Even there are no legal and valid lawful interception Rules available under the IT Act 2000, informs Dalal.

The situation is further worsened by lack of privacy laws and data protection laws in India. India also does not have good encryption norms at place. Under the present cyber law and encryption norms, only the “outlaws” could exercise their civil liberties in Indian cyberspace.

Some good self defence measures to defeat illegal and unconstitutional e-surveillance and internet censorship by Indian government and its agencies have been provided by Praveen Dalal under the initiative titled Human Rights Protection in Indian Cyberspace (HRPIC).

For Blackberry users in India, a service provided by research in motion (RIM) company of Canada, users can have good and effective alternatives to Blackberry phones. With open source encryption software like PGP, services like Blackberry can be availed on any smart phone, informs Dalal. Fortunately, another good initiative in this regard has been launched in the form of RIM Check project. This project would analyse the data leaving Blackberry devices for e-surveillance and other civil liberty violations.

It is high time for Indian Parliament to enact good and effective laws regarding privacy protection, data protection, e-surveillance, lawful interception, etc. In the absence of the same, the only recourse available is to use lawful self defence against government and its agencies.

Data Protection Law In India Is Urgently Required

Indian government’s hunger for e-surveillance as well as the pressure from the industrial bodies for weak and ineffective cyber laws is costing Indians their privacy and data protection law. The truth is that privacy rights in India are at sale.

The e-surveillance projects include unique identification project of India (UID project) or Aadhar project of India. It is managed by Nandan Nilekani as the chairman of unique identification authority of India (UIDAI). Other projects include national intelligence grid (Natgrid), CCTNS, etc.

The ineffective and cyber criminal’s friendly laws include information technology act 2000. IT Act 2000 is the sole cyber law of India that has been made an instrumentality of e-surveillance by Indian government. Further, under pressure from industrial bodies, almost all the cyber crimes have been made bailable.

However, the gravest of all concerns is the high level of e-surveillance in India with no corresponding privacy laws, data protection laws and procedural safeguards. Even the IT Act 2000 is silent on the procedural safeguards against illegal and unconstitutional e-surveillance, internet censorship, etc.

In these circumstances, it is of paramount importance that suitable privacy laws and data protection laws must be enacted by Indian parliament as soon as possible.

Cyber Security Courses In India

India is facing lots of cyber security attacks these days. In the absence of adequate cyber skills and proper cyber security policy in India, the situation is not going to improve. As a matter of fact, cyber security in India needs rejuvenation.

India needs good cyber security research and training institutions. Presently, India does not have enough cyber security research and training centers. Further, cyber security is essentially techno legal in nature, i.e. it requires both technical as well as legal support to grow.

The only techno-legal cyber security research and training centre (CSRTCI) in India is managed by Perry4Law Techno Legal Base (PTLB). It is managing issues like cyber war, cyber terrorism, cyber espionage, cyber forensics, critical ICT infrastructure protection in India, etc.

Further, PTLB is also exclusively providing techno legal cyber security education and training n India. Those interested in getting cyber security courses in India and cyber security trainings in India can enroll here.

Application form for the enrollment to cyber security courses and trainings and other courses and trainings can be downloaded from here. Fill the form and submit the same along with the prescribed fees.

For more details regarding the fees, duration of courses, natures of courses, etc see the FAQs.

Since the seats are limited, early comers would be obviously benefited. Additionally, early enrollment would also carry many long term and attractive benefits. Enroll before all the seats are gone.

Ways To Defeat E-Surveillance In India

Those who are opposed to the Orwellian nature of Indian government must not sit idle but do as much as possible to reclaim their civil liberties. For instance, Indians can use self defence methods to defeat e-surveillance of Internet, e-mails, telephone conversations, instant messaging, etc by Indian government and its agencies.

Similarly, those who are not comfortable with the Aadhar project or UID project of India and its dubious management by the Nandan Nilekani led unique identification authority of India (UIDAI), must restrain from giving their biometric details.

As far as Blackberry services in India are concerned, it is quiet doubtful that Blackberry would fight for the human rights and civil liberties of Indians in Indian cyberspace. The only initiative in this regard in India seems to be managed by Praveen Dalal under the banner of protecting human rights in Indian cyberspace (HRPIC).

Fortunately, another good initiative in this regard has been launched in the form of RIM Check project. This project would analyse the data leaving Blackberry devices for e-surveillance and other civil liberty violations.

Meanwhile, the Indian government has decided to follow the footsteps of its Chinese counterpart. India is planning to control Indian portion of Internet and looking forward for a “kill switch” type option. Under this option, the Indian government and its agencies can cut off all Internet services during emergencies.

The times to come would be really challenging for human rights activists but the battle between e-surveillance and civil liberties would keep on going.

UID Project And UIDAI Have Failed In India

The unique identification project of India, now known as Aadhar project of India, is one of the worst projects in the Indian history. It is managed by Nandan Nilekani as the head of unique identification authority of India (UIDAI). Both Aadhar project and UIDAI are “unconstitutional” and they are surviving only because the government of India has bypassed the parliament and imposed the project upon Indians.

Fortunately, Aadhar project/UID project and UIDAI have been “big failures” as they have failed to gain the confidence of Indian masses. All the Indian government and UIDAI could have done in this regard is imposing the same upon illiterate and poor people. The educated and well informed have stayed away from Aadhar project.

Aadhar project must be seen in the light of other illegal and unconstitutional projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc. By using the biometric data of Aadhar project and other details of national population register (NPR) with Natgrid and CCTNS, a complete e-surveillance and Orwellian state has been established in India.

Indians must use self defence methods to defeat e-surveillance by Indian government and its agencies over Internet, e-mails, telephone conversations, instant messaging, etc.

As far as Aadhar project/UID project and UIDAI are concerned, Indians must not give their biometric details lest they wish to be watched 24x7.

Let us fight against illegal and unconstitutional projects like Aadhar/UID, Natgrid, CCTNS, etc and force the government of India to respect and preserve our civil liberties.

Cyber Forensics Courses In India

If you wish to have a good career in the information technology related fields, having good cyber skills is of paramount importance. One such important career option is cyber forensics that is assuming lots of importance these days. A cyber forensics professional is in demand not only in India but also world over as there are very few qualified cyber forensics specialists in the world.

To be a good cyber forensics expert you need to be well trained by a good techno legal institution, university or organisation. Unfortunately, the choice in this regard is very limited in India. The only techno-legal cyber forensics institution in India is managed by Perry4Law Techno Legal Base (PTLB).

Those interested in getting cyber forensics trainings in India and cyber forensics courses in India can enroll here.

Application form for the enrollment to cyber forensics courses and trainings and other courses and trainings can be downloaded from here. You must duly fill the form and submit the same along with the prescribed fees.

For more details regarding the fees, duration of courses, natures of courses, etc see the FAQs.

Since the seats are limited, first come first basis rule will be applied. Additionally, early enrollment would also carry many long term and attractive benefits. Grab a seat before they are gone.

Techno Legal Skill Development In India

Cyber skills have assumed tremendous importance these days. Not only cyber skills are required in civil areas but they are also needed for military and intelligence purposes. India need to develop good and effective cyber skills as presently it is lagging far behind than other countries.

The real problem is that we have very few cyber skill development institutions in India. Further, we have just a “single” techno legal cyber security and skill development centre in India. This exclusive techno legal cyber security research and training centre of India (CSRTCI) is managed by Perry4Law Techno Legal Base (PTLB).

Perry4Law is supervising the special techno-legal online security investigation, training and educational centre in India. It is managing the same through its online platform that is providing world class and exclusive techno legal courses and trainings in the fields like cyber law, cyber security, cyber forensics, etc.

Those interested in getting these trainings and courses can enroll here.

Further, the application form for enrollment can be downloaded from here. The interested candidate must duly fill the form and submit the same along with the prescribed fees.

For more details regarding the fees, duration of courses, natures of courses, etc see the FAQs.

Since the seats are limited, they would be offered on first come first basis. Further, early enrollment would also carry many long term and attractive benefits. So hurry up and become an essential part of the skilled cyber force of India.

Will Blackberry Collapse In India?

Ever since the cyber law of India has been transformed into an endemic e-surveillance instrumentality, the real intentions of Indian government have become apparent from time to time. It has launched many “unconstitutional projects” like Aadhar/UID, Natgrid, CCTNS, etc without any legal framework and procedural safeguards.

The sole aim of the information technology amendment act, 2008 was to confer illegal and unconstitutional e-surveillance and Internet censorship powers upon Indian government and its agencies and instrumentalities. Now only “outlaws” would have civil liberties in India. However, service providers like Blackberry, Skype, Gmail, etc are also facing the heat of the e-surveillance initiatives of Indian government.

Research in motion (RIM) has been in line of fire from Indian government over encryption usages. Sooner or later, Blackberry would succumb to the pressure of Indian government and would give up the privacy and cyber security protection provided by its encryption methods. According to Praveen Dalal, leading techno legal and cyber law expert of India, users can have good and effective alternatives to Blackberry phones. With open source encryption software like PGP, services like Blackberry can be availed on any smart phone, informs Praveen Dalal.

Does it mean a demise of Blackberry in India? Of course, those believing in privacy and security would shift to smart phones with independent encryption and security software as compared to Blackberry. While Blackberry’s instant messaging and e-mail services would be under continuous e-surveillance, other smart phones with independent encryption and security software are better situated, opines Praveen Dalal.

It seems in these circumstances, the future of Blackberry is not that great in India. Even otherwise, it is always better to use a services that has no backdoors and access points for law enforcement agencies and intelligence agencies than those having the same, suggests Praveen Dalal.

SOURCE: CJNEWS

Online Banking Risks In India

Online banking has become an essential necessity these days. It has many benefits but along with these benefits are also some problems. The biggest issue is to safeguard the customers from Phishing attacks and online frauds.

Cyber security of internet banking infrastructure of India is the need of the hour. Instances of theft of money through hacking of accounts of the accounts holders as well as by misleading them through Phishing attacks are fast becoming a trend in India.

India is also insisting upon a weaker encryption standard (40 bits encryption) for online transactions. This also applies to online banking. Surprisingly, the Reserve Bank of India (RBI) has not shown any protest against this weakening of online banking system of India.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading techno-legal expert of India, the Information Technology Act 2008 has made most of the cyber crimes and cyber offences “bailable”. India has made its cyberspace a “free zone” and “safe heaven” for cyber criminals and cyber offenders. He says that now even after committing hacking in India a person would be entitled to “bail” as a matter of right. There is nothing that prevents such cyber criminals from committing cyber crimes in India in the absence of a deterrent law.

This has resulted in an increased spate of cyber crimes including hacking of the e-mail IDs of the Internet banking users and stealing of their money. Further, IT Act 2000 also does not deal with Phishing expressly.

India has also become one of the most endemic surveillance societies of the World. Confidential information is already vulnerable and with the proposed Indian plans of installing key loggers by law enforcement officers at cyber cafes, the same would exclude the use of cyber cafes for these purposes. Although cyber cafés are not a good place to transact confidential matters yet with a poor Internet penetration in India this may still happen, says Praveen Dalal.

With a weak cyber law, lack of cyber security awareness and increasing e-surveillance initiatives in India, Internet banking disputes are bound to increase in India. The government is least bothered about these issues and ultimately the account holders would have to bear the financial losses.

It is high time for the RBI to step in and do something constructive for protecting bank customers from hacking attacks and Phishing attacks. Till now RBI is escaping from its responsibilities in this regard.

E-Courts Mission Mode Project Of India

The failure of e-court project of India is the biggest setback for the judicial reforms initiatives of Indian government. Till the month of October 2010, India does not have even a single e-court.

Law Minister Veerappa Moily failed to materialise the use of information technology for both national litigation policy of India (NLPI) as well as e-courts project of India. Even online dispute resolution (ODR) has been failed to establish in India due to this technological apathy.

This has severely impaired the alternative dispute resolution (ADR) and ODR growth in India. It is high time for Veerappa Moily and Law Ministry/Department of Justice to take e-courts project seriously.

The real problem in the path of e-courts project implementation is lack of techno legal expertise. For instance, there is just a single e-courts training and consultancy centre in India managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). PTLB is currently not extending its techno legal expertise to the e-courts project of India and this is the main reason why there are no e-courts in India.

PTLB provides techno legal trainings to police force, lawyers, judges, arbitrators, corporate executives, law graduates, etc in the fields like cyber law, cyber security, cyber forensics, ODR, e-courts, etc.

Perhaps with adequate expertise and optimum manpower, e-court project of India may see the light of day after five years. For the time being, with the present expertise and pace, there is no hope of establishment of any e-court in India till another ten years.

Indian Government Is Suppressing Privacy Rights In India

India does not has a dedicate privacy law and data protection law. There is also no data security in India. This is the main reason why Praveen Dalal, the leading techno legal and cyber law specialist of India, suggested that India is not ready for cloud computing and SaaS services. Even the outsourcing services to India are also at grave risk in the absence of privacy law and data protection laws in India.

In India, privacy violation is rampant. Telemarketing woes are well known and there is no system at place to curb the same. Any new database of information of Indian residents is a gold mine for telemarketing companies and marketing companies. With no deterrent law at place, these companies have an absolute and unfettered business model.

To make the matter worst, the cyber law of India has been made a mode and instrumentality of e-surveillance in India. According to Praveen Dalal, the amended Information Technology Amendment Act 2008 (IT Act 2008) provides vast, unregulated, unaccountable and unconstitutional E-Surveillance and Internet Censorship powers in the hands of Indian Government and its Agencies. With this amendment, only the “Outlaws” can have Privacy Rights and Human Rights in Indian Cyberspace, says Praveen Dalal.

In this background, we must see the need and effectiveness of Aadhar project or UID project of India, Natgrid, CCTNS, etc. Unique identification project of India is managed by Nandan Nilekani as the head of unique identification authority of India (UIDAI). Both Aadhar project and UIDAI are unconstitutional. Further, both Aadhar project and UIDAI are also undemocratic as they go against the spirit and requirements of Indian constitution.

With the intended/possible use of collected biometric and other data of Indian residents with projects like Natgrid, CCTNS, national census, etc, a very dangerous, unaccountable and unconstitutional e-surveillance model has been established by Indian government, warns Praveen Dalal. The absolute reluctance to enact suitable privacy laws and data protection laws proves this point.

The Indian government does not want to provide adequate safeguards against privacy violations and all it is offering is sale of privacy rights of Indians to commercial entities and law enforcement/intelligence agencies.

Aadhar And UIDAI Are Fraud On Constitution Warns Praveen Dalal

An initiative by a single person can transform into a mass action and people’s movement. The same happened in the case of Aadhar project of India or UID Project of India. Aadhar was formerly known as unique identification project of India. It is managed by Nandan Nilekani through unique identification authority of India (UIDAI).

Praveen Dalal has been the first and foremost opposer of Aadhar project and he expressed his concerns by providing the civil liberties aspects of Aadhar project. He maintains that civil liberties of Indians in cyberspace have been outlawed by converting the sole cyber law of India into an endemic e-surveillance code.

Since the Indian government is well committed to impose illegal and unconstitutional projects like Aadhar, Natgrid, CCTNS, etc, Praveen Dalal launched the exclusive civil liberties protection initiatives in cyberspace in India.

When asked about the rationale for the same, he informs that there has been a disturbing trend in India of imposing unconstitutional projects upon Indians by Executive with great disregard to the Indian Constitution.

In fact, projects like Aadhar, Natgrid, CCTNS, etc are “Fraud upon the Indian Constitution” where limited and regulated Executive powers have been transformed into absolute powers by the Executive. The role of Parliament has been completely ignored and eliminated in an Anti National manner by the Congress led government, warns Praveen Dalal.

It seems time has come to say no to the Aadhar project and UIDAI and put collective pressure upon the Congress led government to scrap anti national projects like Aadhar, Natgrid, CCTNS, etc.

Aadhar And UIDAI Are Undemocratic Says Praveen Dalal

In this Guest Column Praveen Dalal maintains that the government of India is imposing unconstitutional and undemocratic projects like Aadhar, Natgrid, CCTNS, etc without any legal framework and parliamentary approval.

The corruption ridden and shameful Commonwealth Games debacle is not yet over and the government of India has committed another blunder. Congress led government launched the bound to be failure Aadhar project/UID project. It is headed by Nandan Nilekani as the chairman of unique identification authority of India (UIDAI).

Unfortunately, the duo of Manmohan Singh and Sonia Gandhi are trying to extend their support for another Anti National Project named as Aadhar Project of India or UID Project of India. But even their support could not save these unconstitutional and undemocratic projects as public opinion is absolutely against these projects.

Both Aadhar Project and UIDAI are unconstitutional project and unconstitutional authority. Neither the Aadhar Project nor the UIDAI are governed by any Legal Framework nor are they under Parliamentary Scrutiny, says Praveen Dalal.

As a face saving exercise, the Union Cabinet has casually granted its approval to the National Identification Authority of India Bill 2010 (NIDAI Bill 2010) with great disregard to the Civil liberties of Indians, especially Privacy Rights of Indians. Even after this approval, both Aadhar Project and UIDAI are still “Unconstitutional and Illegal”.

There should not be any action upon UID Cards and Aadhar Project till proper safeguards are at place. Indian government is encroaching upon the regime of Indian Parliament and is wasting crores of public money without “Parliamentary Approval”, says Praveen Dalal.

It is high time to scrap the Aadhar project and UIDAI till proper laws and adequate civil liberty safeguards are established by Indian government.

Emerging Trends in The International Commercial Arbitration

India can become a global hub for international commercial dispute resolution (ICDR) services. All we need is a conducive environment for the same. ICDR services can be provided for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc. The list is fast expanding as the world is moving away from the traditional litigation system.

The traditional litigation methods of dispute resolution are not appropriate for commercial disputes. This has necessitated the requirement for alternative dispute resolution (ADR) mechanisms like Arbitration, Mediation, Conciliation, etc.

Law Minister Veerappa Moily has recently suggested that India could become arbitration hub like Singapore. However, he needs to take care of some very crucial lacuna that can prevent India from becoming a global arbitration hub.

Firstly, the ADR system of India needs reforms as it is in a really bad shape. Secondly, the arbitration infrastructure in India needs to be established. Thirdly, contemporary dispute resolution methods like online dispute resolution (ODR) and e-courts are missing in India. Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of out of court dispute resolution.

International organisations like United Nations Commission on International Trade Law (UNCITRAL), International Chamber of Commerce (ICC), etc are working in the direction of upgrading ADR related mechanisms. India must also keep in mind these developments and make good efforts to harmonise its laws and practices as per the contemporary international ADR standards.

Law Minister Veerappa Moily must immediately act to remove various hurdles that are impeding India from becoming a global ADR and ODR hub. Till now the pace of judicial and legal reforms is very slow and highly unproductive.

ADR In India Needs Urgent Reforms

Law Minister Veerappa Moily has recently suggested that India has world class arbitration facilities like Singapore. The statement though ambitious is far from truth.

Firstly, the alternative dispute resolution (ADR) system of India needs reforms as it is in a really bad shape.

Secondly, the arbitration infrastructure in India needs to be established.

Thirdly, contemporary dispute resolution methods like online dispute resolution (ODR) and e-courts are missing in India. Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of out of court dispute resolution.

International organisations like United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organisation (WIPO), World Bank, International Chamber of Commerce (ICC), etc are working in the direction of upgrading ADR related mechanisms. India must also keep in mind these developments and make good efforts to harmonise its laws as per the contemporary international ADR standards.

Recently, the Securities and Exchange Board of India (SEBI) has suggested use of arbitration for resolving security related disputes. Further, Veerappa Moily is also stressing hard to amend the arbitration and conciliation act 1996 to make it more effective.

Although, efforts for streamlining the ADR mechanism in India are laudable yet they are far from being sufficient to make India a global hub of arbitration. This is why Moily’s statement seems to be a dream but not reality.

E-Courts In India Are Required

After spending crores of public money and wasting many crucial years, we are still waiting for the establishment of first e-court in India. The truth is that India does not have even a single e-court. This is because the very planning and coordination of the e-court project was faulty and was bound to be a failure.

There was neither any techno legal e-court expertise nor any transparency and accountability. Further, even the performance appraisal system was missing and there was none to ask for the progress of e-court project.

The results were inevitable and like all other e-governance projects of national e-governance plan (NEGP), e-court project also failed.

The good news is that the Cabinet Committee on Economic Affairs has today approved an amount of Rs. 935 crore as the revised cost estimate for implementing the E-Courts project in the country.

Keeping the previous failures in mind, it would be a good idea to take the professional services of techno legal experts who can actually implement the e-court project of India.

Law Minister Veerappa Moily has already promised many ambitious projects but till now not even a single has been accomplished. This is the most crucial project for him and Law Ministry of India must take e-courts project very seriously.

Cyber Security In India Is Needed To Defeat E-Surveillance

As more and more public services are attached to information and communication (ICT) technology, their security becomes of paramount importance. In India there is very little research, training and education in the field of cyber security. Further, even lesser is research and training regarding techno legal issues.

So much so that India has just a single techno legal cyber security research, training and education centre (CSRCI). The same is managed by Perry4Law Techno Legal Base (PTLB) and it is providing research, training, education, policy making etc in the crucial field of cyber security in India.

It is also maintaining a world class cyber security software repository that is unique in the world. The repository carries both technical as well as legal resources and software.

India has been facing cyber threats from cyber criminals, cyber espionage groups, cyber war groups, cyber terrorists, etc. Even the homeland security of India needs rejuvenation. Indian departments and strategic computer systems have been under constant threats from adjacent countries. Many sensitive documents have also been stolen through hacking the crucial computer systems in India.

Even the cyber law of India is a very weak piece of legislation with no deterrent effect. When cyber crimes like hacking have been made bailable nothing can make such a law a deterrent for committed cyber criminals.

In the name of national security and cyber security, the Home Ministry is taking absurd decisions like banning Blackberry, Gmail, Skype, etc. Further, illegal and unconstitutional projects like CCTNS, Natgrid, Aadhar project, etc have been also pushed for the sole purpose of enhancing the illegal and unaccountable e-surveillance powers of Indian government and its agencies.

The truth is that authorities like unique identification authority of India (UIDAI) and projects like CCTNS, Natgrid, Aadhar, etc are violative of civil liberties and fundamental rights of Indians. The worst affected are the privacy rights in India that have simply been compromised for the façade of security. It is high time for Indians to reclaim their human rights before it is too late.

Alternative Dispute Resolution In Indian Stock Exchanges

Securities and Exchange Board of India (SEBI) has recently suggested use of alternative dispute resolution (ADR) mechanisms like arbitration for resolving security related disputes. These disputes include claims, complaints, differences arising between a client and a member (stock broker, trading member and clearing member) across various market segments, etc.

To streamline the arbitration procedure, SEBI has issued some good arbitration guidelines for stock exchanges. This primarily aims at streamlining the disputes arising out of security related matters and matters incidental thereto.

According to these guidelines, the stock exchanges with nationwide terminals have been mandated to provide arbitration facility (arbitration as well as appellate arbitration) at all four regional centres (Delhi, Mumbai, Kolkata and Chennai). SEBI also stipulated that the arbitration and appellate arbitration were required to be conducted at the regional centre nearest to the client.

However, to meet these objectives, there must be a good arbitration infrastructure in India. Presently, both the arbitration law as well as arbitration infrastructure in India is in poor state of affairs.

Another area where India has miserably failed pertains to online dispute resolution (ODR). A special emphasis must also be given to construction industry arbitration in India as well as defence related arbitration issues. India urgently needs ADR and ODR related reforms.

Even security related disputes can be effectively solved by using the techno legal ODR services of world renowned firms like Perry4Law. India stands nowhere when it comes to technology driven arbitration. The concept of ODR does not exist in India. There is just a single techno legal ADR and ODR institution in India.

Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of judicial reforms. Till the month of September 2010 India is still waiting for the establishment of first e-court of India.

SEBI seems to be proactive and it would be a good idea if it considers using ODR for resolving security related disputes of aggrieved parties. Expert services of Perry4Law and Perry4Law Techno Legal Base (PTLB) can be taken for establishing a good techno legal ODR model by SEBI.

What Ails Arbitration In India

Infrastructure is core to the arbitration, mediation and conciliation services. Countries like Singapore have invested great in terms of alternative dispute resolution (ADR) infrastructure.

India on the other hand is following an obsolete arbitration law in the form of arbitration and conciliation act 1996. Further, India has also not done much in the fields like international commercial arbitration and institutional arbitration.

Another area where India has miserably failed pertains to online dispute resolution (ODR). A special emphasis must also be given to construction industry arbitration in India as well as defence related arbitration issues. India urgently needs ADR and ODR related reforms.

On the positive side, the law ministry of India is planning to upgrade the ADR law of India. Similarly, the Securities and Exchange Board of India (SEBI) has also suggested use of ADR for resolving security related disputes.

Law minister Veerappa Moily has to take active steps in this direction as till now his declarations have been more like noises without actual implementation.

India Must Deal With Digital Issues Sensibly

The blackberry dilemma has shown that India does not understand and apply technology properly. Instead of properly understanding the technology, the Indian government is making absurd decisions of banning the same.

This show that the ill informed politicians and bureaucrats of India can be easily misguided about technology as there is no one to understand the same. In such a situation the only option these politicians and bureaucrats exercise is to ban the technology and justifying the thumb rule that if we do not understand the technology, we ban it.

Naturally, the privacy rights in India and other civil liberties are at great peril. In fact, they are already dead as there is no law or safeguards subject to which the unreasonable, illegal and unconstitutional e-surveillance powers in India are exercised. This also means that if rights are outlawed, only outlaws would have rights in India.

According to Praveen Dalal, Managing partner of Perrry4Law and leading techno legal expert of India, India has tackled the digital issues with great immaturity and lack of knowledge. The dictates to Blackberry, Skype, Gmail, etc are nothing but sheer lack of understanding about technology. Encryption and cyber security cannot be controlled and compromised in the manner Indian government is trying to do, says Dalal. It would be a good idea if the Indian government stops this immaturity as soon as possible, suggests Dalal.

In fact, as a result of unlimited and unregulated e-surveillance powers, Internet censorship powers and website blocking powers in the hands of Indian government, the things have already been very complicated. This is the main reason why initiatives like human rights protection in cyberspace (HRPIC) were launched by Praveen Dalal.

Indian government must clear its head regarding digital issues and get itself acquainted with information technology. Merely blocking Blackberry’s services or Gmail would not kill the strong encryption technology already in the hands of users, informs Dalal. It would only change the mode of encryption from Blackberry/Gmail to some other software or platform, claims Dalal.

Ultimately, how much civil liberties Indians would have depend upon how much they are willing to fight for the same.

Homeland Security And Civil Liberties In India

Homeland security has assumed tremendous importance all over the world. Homeland security in India is also assuming importance and India is considering improving the same. However, homeland security is a highly specialised and collaborative model.

India has not yet actively considered homeland security. Even projects like CCTNS, Natgrid, modernisation of police force, e-surveillance and lawful interception, etc are poorly formulated and badly implemented.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal institution of India that is providing research, training, legislation making and policy making expertise in India.

It has been providing techno legal research, training, education and policy making in the fields like homeland security, cyber law, cyber security, cyber forensics, cyber war, cyber espionage, corporate espionage, cyber terrorism, CCTNS, Natgrid, NCTC, etc.

A special effort must be made by Indian government for reconciliation of civil liberties with the national security interests of India. Indian government must keep in mind the pressing requirements of civil liberties protection in cyberspace.

PTLB is managing a techno legal centre for protection of human rights in cyberspace (HRPIC). The main objective of this centre is to provide techno legal research, training and policy making so that homeland security and civil liberties interests can be reconciled.

Homeland Security In India

Homeland security is an important aspect of India’s internal security. India is increasingly facing issues like cyber crimes, cyber terrorism, cyber security breaches, cyber warfare, cyber espionage, etc. This is the main reason why we are considering establishment of cyber warfare capabilities in India.

Further, lawful e-surveillance capabilities are also assuming importance these days in India due to growing concerns of civil liberties in cyberspace. If the e-surveillance conducted by the Indian government and its agencies is beyond what is approved by the laws of India and Indian Constitution, the same may be challenged before a court of law.

Similarly, private individuals are also engaging in e-surveillance with over the shelf hardware and software. This has seriously breached the privacy rights of Indian citizens.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal institution of India. It has been providing techno legal research, training, education and policy making in the fields like cyber law, cyber security, cyber forensics, cyber war, cyber espionage, corporate espionage, cyber terrorism, CCTNS, Natgrid, NCTC, etc.

It is also providing best practices in homeland security, techno legal solutions against cyber terrorism, best practices for securing networks from cyber attacks, best practices for cyber security, best practices for cyber forensics, etc. It has also suggested for the formulation of a centralised ICT control system of law enforcement and intelligence agencies in India.

India must keep in mind that homeland security is techno legal in nature rather than purely technical or purely legal. The present schemes and projects of India are not appreciating this vital requirement and India must remove this irregularity as soon as possible.