Radia Tapes Related News Censored By Google

Indian government has a strange method to deal with corruption. Instead of elimination of corruption, the Indian government tries to eliminate corruption exposing news. This is not new for us as we have been facing censorship at the hands of Google and Indian government for long.

As per the latest alert by the exclusive blog on censorship initiatives of Google and Indian government, Google has once again obliged Indian government by becoming its censorship buddy. Thus, Google continues to censor news in India on behalf of Indian government.

Google has censored the news item titled “Radia Tapes, Ratan Tata’s Privacy, Fundamental Rights and Public Interest” on 05-09-2012. It seems the Indian government has become too fussy about disclosing the source of leaks of Radia tapes. The Supreme Court of India has been asking for long about the source of leak, but Indian government does not care. In the end we would never know who leaked the tapes.

This censorship act has another important aspect attached to it. By censoring the news regarding demands for strengthening and preserving public interest, Indian government is also indirectly trying to manipulate proceeding at the Supreme Court. This is clearly against the rights provided by Indian constitution.

According to Praveen Dalal, leading techno legal expert of Asia and managing partner of ICT law firm Perry4Law, “The Indian Constitutional Scheme is based upon “Balance of Rights” and no right is absolute in nature. In case of conflict between two Fundamental Rights, the Fundamental Right that strengthens and substantiate the Public Interest should prevail”. Hence if there is a conflict between Right to Privacy and Right to Information/know, information can be disclosed in certain circumstances to substantiate and strengthen Public Interest, opines Dalal. 

Thus, the present censorship act is not only violative of our freedom of speech and expression but also our right to information. Similarly, it is also a direct attempt to curb public interest so that corruption related activities remain under cover. We will update all on this issue very soon. We also expect that Supreme Court of India would take note of these negative tactics of Google and Indian government.

Indian E-Commerce Environment

In this article we would cover the legal environment for starting e-commerce business in India. The same has been provided by India’s exclusive techno legal ICT law firm Perry4Law and its techno legal segment Perry4Law Techno Legal Base (PTLB).

Interested e-commerce stakeholders may consult the following resources in this regard:

(1)  E-commerce laws and regulations in India

(2) Legal requirements to start an e-commerce website in India

(3) Legal Formalities required for starting e-commerce business in India

(4) Legal issues of e-commerce in India

(5) Pharmaceuticals e-commerce legal issues in India

(6) Online shopping in India: legal and cyber security issues

(7) Regulatory and legislative measures to check online pharmacies trading in banned drugs in India

(8) Electronic trading of medical drugs in India

(9) Digital communication channels for drugs and healthcare products in India

(10) Cash on delivery may harm e-commerce in India

(11) E-Commerce lawyers and law firms in India

(12) E-commerce dispute resolution in India

(13) Online dispute resolution for cross border e-commerce transactions

(14) E-health laws and regulations in India

We hope all e-commerce stakeholders would find these resources useful.

Cyber Law And Cyber Security Updates-31-08-2012

In this August 2012 edition, we are covering important cyber law and cyber security related articles of India. These are as follows:

(1) Why India Is Ignoring Cyber Security? –This article is discussing about the sad position pertaining to cyber security condition of India. It is also advocating adoption of effective cyber security in India as soon as possible. 

(2) Cyber Security Of Power Sector In India- This article is discussing the position of cyber security in India pertaining to power grids and power sector of India. Till now Indian government has failed to consider this aspect.

(3) Chandigarh Considering Cyber Security Model Of UK- Another incidence where India is blindly adopting foreign models without analysing its pros and cons.

(4) Electronic Discovery (E-Discovery) Challenges In India- This article is discussing the e-discovery challenges that Indian e-discovery professionals and stakeholders must take care of.

(5) Cyber Security Challenges In India- This good article by India’s exclusive techno legal ICT law firm Perry4Law and leading techno legal institutions of India PTLB  discusses various cyber security challenges of India that it is currently facing.

(6) Cyber Security Challenges For The Smart Grids In India- Smart grids and power sector of India are facing sever cyber security risks. This article is addressing these issues along with possible solutions for the same.

(7) Cyber War Against India: Is It Real?- The hysterical media of India labels every cyberspace activity as cyber war. This article is removing the general misconceptions regarding cyber war and its applicability to India.

(8) Cyber Security For Power Energy And Utilities In India- Cyber security for power energy and utilities of India has recently received attention of all, including Indian government. However, the loopholes are still looming large and this article discusses the same.

(9) India's Cyber Security Challenges- This article is another wake up call in the series to the Indian government by Perry4Law and PTLB. The cyber security issues and challenges of India have been appropriately addressed by this article.

We hope you would find these updates useful.

Cyber Forensics Companies and Firms In India Must Innovate

One thing common among the cyber law trends in India, cyber crimes trends in India and the cyber security trends in India provided by Perry4Law and Perry4Law Techno Legal Base (PTLB) is the growing number and incidences of cyber crimes in India and cyber attacks against India.

Naturally, India needs effective cyber laws, robust cyber security and appropriate cyber forensics capabilities. Cyber forensics in India is still trying to catch up with the techno savvy criminals who are defeating the law enforcement agencies and legal system of India.

Even on the front of cyber forensics skills and capabilities, there are very few cyber forensics firms and companies in India. We have a single techno legal cyber forensics research centre of India that is managed by Perry4Law, PTLB and Perry4Law Techno Legal ICT Training Centre (PTLITC).

So why is it that we have such low numbers of cyber forensics experts and firms in India? The problem lies with the educational system of India that has ignored professional and vocational skills for decades. Another related problem in this regard is the indifferent and discouraging attitude of Indian government towards seeking services and cooperation of cyber forensics laws firms of India like Perry4Law.

If right individuals, firms, and companies are not at right place at the right time, the end result would always be injurious to India. However, Indian government is least bothered to appreciate this aspect.

In these circumstances, the online cyber forensics courses and trainings in India by private players become very important. For instance, the virtual campus for cyber forensics education in India by PTLB is a good initiative that can help in bridging the cyber forensics skills gap of India.

We need more educational institutions, firms and companies that can provide trainings and education in the field of cyber forensics. In order to achieve this cyber forensics companies and firms in India must innovate and dare to explore new areas.

Further, the attitude of Indian government towards existing cyber forensics education providers of India must be more liberal. They must be extended more facilities, grants and recognition so that professional cyber forensics trainings and education in India can flourish.

Legal E-Discovery Services In India

Legal process outsourcing (LPO) and legal knowledge process outsourcing (KPO) have changed dramatically in India due to the recent events. The Supreme Court of India has declared that foreign law firms, LPOs/legal KPOs, chartered accountant firms, etc cannot practice law in India anymore.

The term legal practice has been interpreted by the Supreme Court as covering both litigation and non litigation related aspects of legal practice in India. This means that only Indian lawyers enrolled under respective bar councils and actually practicing law are entitled to provide LPO/legal KPO, consultancy, litigation, non litigation, agreement drafting and vetting and all other legal services in India. 

In short, legal practice in India, both litigation and non litigation, has now become an exclusive professional area for Indian advocates alone. All LPOs/legal KPOs providing legal services in India would be engaging in illegal activities and bar council of India can take action against them.

Similarly, all such legal services by these foreign law firm/lawyers, LPOs, legal KPOs, CA/CS firms, audit and accountant firms, etc are illegal in nature and thus risky to take. Clearly, legal services in India are under metamorphism.

With a general ban upon foreign and non legal personnel to practice law in India, Indian lawyers and law firms must now deliver and rise up to the occasion. This is more so regarding information and communication technology (ICT) related legal fields.

For instance, cyber lawyers in India is need of the hour due to growing ICT related cases in India. Similarly, lawyers must be aware of cyber security, cyber forensics, cyber law, e-discovery and many similar techno legal issues. 

E-discovery outsourcing to India is going to increase in the near future. With foreign lawyers and law firms out of the picture, Indian law firms like Perry4Law would play a more pro active role in this regard. This is more so as even non legal e-discovery firms would be prevented to operate in India due to the recent order of Supreme Court.

Electronic discovery (E-Discovery) services in India would be in much demand as more and more technology related issues are giving rise to legal disputes. Although we have no norms for electronic discovery (e-discovery) in India as on the date yet they may be formulated very soon.

With the active use of virtual data rooms for legal compliances in India e-discovery could see a jump in India. E-discovery for cloud computing in India and e-discovery for social media in India are some of the areas where ICT law firms like Perry4Law are providing their services in India. If you have e-discovery requirements, you may consider seeking services of law firms like Perry4Law as other may be banned in India.

Distance Learning Courses For Computer Forensics In India

Computer forensics in India is one area that Indian government must take very seriously. Presently, the educational system of India is not conducive to produce sufficient number of computer forensics professionals in India. In fact, there are very few educational institutions that are providing computer forensics courses in India.

Another related problem is that the higher legal education in India is not only outdated and needs urgent reforms but also suffering from corrupt practices. PhDs in India are dying due to indifferent attitude of Indian government towards these vices of educational system of India.

The need of the hour is to bring educational reforms in India on the one hand and development of techno legal skills development in India on the other hand. Although the legal fraternity of India is getting serious yet legal education in India is getting worst.

In the absence of a pro active role by the traditional educational systems of India, private players have to fill the gap. However, even private initiatives in this regard are not enough.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal computer forensics training institution of India. PTLB e-learning platform is providing various computer forensics trainings in India. The computer forensics trainings in India by PTLB are specifically designed to provide best practical trainings and education.

If you are interested in the distance learning cyber forensics courses in India, you can fill the application form that can be downloaded from here. Additional information in this regard can be found here.

Legal Practice In India Now Exclusively Belongs To Advocates

With the passing of recent interim order by the Supreme Court of India, foreign law firms, LPOs and chartered accountant (CA)/whole time company secretary (CS) firms cannot provide legal services in India anymore.

Now only advocates enrolled as per the provisions of Advocates Act, 1961 can engage in litigation and non litigation related services in India. This includes consultancy, opinion giving, drafting of agreement and their vetting, litigation in courts, etc.

As a natural corollary, those who are not entitled to practice law in India in any of its form and still providing legal services would be doing the same illegally. It is also possible that suitable legal actions can be taken against such persons.

Further, the legal sanctity of such illegal legal services may also be doubtful. Legal service seekers must ensure that those professionals providing litigation and non litigation related services in India are enrolled with the Bar Council of India/State and not engaged in other part time/whole time employment.

Further, whole time practicing CAs and CS cannot practice law and this judgement equally affects them as well.

This also means that foreign law firms and LPOs cannot practice either litigation or non litigation related issues in India anymore. This also means that Indian LPO service providers like Perry4Law would witness an enhanced role in the LPO segment of India.

Let us see how things would take a shape from here.

Cyber Forensics Polls By Perry4Law And PTLB

In order to ensure better cyber forensics environment in India, Perry4Law and PTLB have been conducting polls to ascertain whether India has sufficient cyber forensics capabilities?

The first poll is available at the cyber forensics in India blog of Perry4Law and immediately below the blog archives segment. Only 5 days are remaining so cast your votes immediately.

The second poll is available at Linkedin under the polls segment. Click to the recent polls and there you would find the poll in this regard. It would be there for a month. Cast your votes immediately.

The result of the polls would be shared by Perry4Law and PTLB with all the stakeholders if sufficient database and information is available in this regard. So kindly vote at these polls and encourage your friends to do it as well.

The result of these polls would also be shared with Indian government with suitable suggestions and recommendation from Perry4Law, PTLB, general public and all stakeholders.

If you need a better legal and judicial system that can fight against growing cyber crimes and cyber attacks against India, kindly do the needful.

Cyber Forensics: A Much Needed Skill

Cyber forensics has been long ignored in India for long. Now Indian government has shown some indications that cyber forensics would be considered to be a part of Indian law enforcement requirements.

Cyber forensics is also required to strengthen the cyber security capabilities of India. In fact, a cyber security policy of India is already in pipeline. However, the missing links of cyber security in India and cyber forensics in India are still glaring at the face of governmental claims.

Cyber forensics in India is not in a good shape. In fact, cyber forensics and Indian approach in this regard is not conducive for the long term growth and development of cyber forensics in India.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and leading techno legal specialist of Asia, Cyber Forensics has not found favour with the Executive, Judiciary, Legislature and the Administrative Branches of India. We have no dedicated Cyber Forensics Laws in India.

Clearly, cyber forensics in India needs rejuvenation and it is for the Indian government to take immediate steps in this regard.

Internet And Human Rights In India

Information and communication technology (ICT) has brought many novel challenges before governments, international organisations and individuals in one form or another. ICT has also introduced many challenges that require an appraisal of the rights and obligations of those using ICT in general and Internet in particular.

Human rights protection in Indian cyberspace is an ignored world. Very few are aware of the importance of this issues and even the mainstream media is ignorant about the importance of safeguarding human rights in cyberspace. This is the reason why the traditional mainstream media is occasionally defeated by social media websites these days.

The position of United Nations and human Rights in cyberspace is still not clear. Naturally, human rights protection in cyberspace is still in the process of contemplation alone. UN must realise that protecting human rights in cyberspace is its solemn duty that it has failed to discharge so far.

In the past as well suggestions have been given by many techno legal experts to UN to ensure protection of human rights in cyberspace. However, this issue seems to be a complicated one as UN is taking lots of time to protect human rights in cyberspace.

The World community on Human Rights, Cyber Law and Cyber Security must start thinking in this direction as issues like Cyber Warfare, Cyber Terrorism, Cyber Espionage, Cyber Crimes, E-Surveillance, Unlawful Interceptions, etc are “Transnational” in nature, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB and the exclusive Cyberspace Human Rights Protection Centre of India.

Clearly, the United Nations must protect human rights in cyberspace and keep a close watch upon Internet censorship, e-surveillance, human rights violations in cyberspace and similar activities.

Take the example of India. The lawful interception law is needed in India and the same is still missing despite contrary governmental claims. Till now, phone tapping in India is not constitutionally performed. The truth is that big brother in India is violating Indian constitution and even courts are silent on this aspect.

Indian government has been taking many steps that are strengthening its e-surveillance and censorship capabilities without meeting the constitutional requirements. For instance, the central monitoring system project of India,  national cyber coordination centre (NCCC) of India, national intelligence grid (Natgrid), national counter terrorism centre (NCTC) of India, Aadhar project of India, etc are all proposed without any legal framework supervising and justifying their functioning.

It is high time that UN must take notice of such developments worldwide.

Vodafone Taxation Dispute In India And Censorship By Google

Vodafone taxation dispute in India has witnessed many ups and downs. Finally, it has reached at a stage where the Parliament of India has to intervene to conclusively settle the same.

Once bitten twice shy. This adage aptly applies to Indian government. Handed with a defeat at the Supreme Court level, now Indian government is planning to bring amendments in the tax law of India.

Simultaneously, Indian government has also introduced consolidated FDI policy of India 2012. The new FDI policy is clearly safeguarding Indian interests unlike the previous one that was specifically crafted to sub serve private interests.

The current budget session (April-May 2012) is going on and the proposed amendments may be placed in the first week of May 2012. Let us see how Vodafone and other telecom sector players would respond to these developments.

In the meantime censorship of controversial news by Google is in full force. Vodafone taxation related news is frequented censored in India these days. For instance, this post did not appear at all in the news while this post appeared and then disappeared within half an hour of its posting.

It is only after making the issue public that the latter post resurfaced. But this has become a standard practice of Google and Indian government for which neither is providing any explanation.

It seems either Google or Indian government is openly and blatantly abusing the controversial Information Technology (Intermediaries Guidelines) Rules 2011 of India.  In fact, a motion for annulment of intermediary guidelines has already been moved In the Rajya Sabha.

It is high time for both Google and Indian government to clarify their respective stands in this regard as civil liberties of Indians in cyberspace is clearly violated through these censorship activities.  

E-Commerce Legal Requirements In India

Many entrepreneurs are jumping upon e-commerce wagon band in India without realising that e-commerce also requires legal compliances. For them mere opening of a website is enough to start e-commerce business in India.

These entrepreneurs cannot be blamed as cyber law awareness in India is missing. E-commerce laws in India are still evolving and e-commerce stakeholders in India are not aware of cyber law due diligence in India.

However, ignorance of law is no excuse. This is more so when the cyber due diligence for Indian companies is now well established. For instance, cyber due diligence for foreign websites in India, cyber due diligence for press and media in India, cyber due diligence for PayPal and online payment transferor in India, etc have already been discussed.

Thus, if you are planning to open an e-commerce business in India, legal formalities required for starting e-commerce business in India must be well understood. Similarly, legal requirements to start an e-commerce website In India must also be well understood.

In short, legal requirements of undertaking e-commerce in India must be duly complied with in order to get maximum benefits out of e-commerce business in India.

E-Courts Consultants In India

E-courts in India are still a distant dream. Till now not even a single e-court has been established in any state of India. Lack of techno-legal expertise is the main reason for the current scenario. Further, governmental and judicial resolve to establish e-courts in India is also missing.

As far as techno legal expertise is concerned, we have a single techno legal e-courts training and consultancy centre of India managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). Similarly, we have very few e-courts consultants in India that can successfully implement any e-court project in India or abroad.

Fortunately the e-justice and dispute resolution in India has been strengthened by Perry4Law and PTLB. It has been reported that Perry4Law and PTLB have launched dedicated portals pertaining to electronic courts, e-judiciary, ODR India, online arbitration, etc.

From a mere perusal of these initiatives it is clear that these initiatives are covering crucial issues like online dispute resolution (ODR), e-courts, e-judiciary, online arbitration, etc.

So far neither Indian government nor Indian judiciary has taken any concrete steps towards use of ODR and e-courts in India. While other countries are exploring active use of e-courts and ODR India on the other hand is still engrossed in purchase of computers and printers.

Till now there is no facility of e-filing in India at the lower courts. Litigants are still required to be physically present at court premises to submit their digital media and electronic documents.

Indian government has taken almost a decade to decide whether e-courts would be used in India or not? It is high time for Indian government to actually act rather than keep on thinking for another decade.

Indian government can also take help of techno legal consultants who are well aware of the details of both technical and legal aspects. Of course, the option of approaching Perry4Law and PTLB is the best one if the Indian government wants best and instant results.

TRAI Accepted Suggestions Of Perry4Law On Telecom Policy Of India

The Telecom Regulatory Authority of India (TRAI) has recently suggested the National Telecom Policy 2012 of India. It has suggested many important reforms and changes that if implemented would make the telecom sector safe and secure.

It seems TRAI has considered a wide range of techno legal reforms while suggesting the proposed 2012 policy. Many of the reforms suggested by TRAI are reiteration of the recommendations given by Perry4Law and Perry4Law Techno Legal Base (PTLB). Nevertheless they are good suggestions that must be implemented by the department of telecommunication (DoT), India.

Some of the suggestions of Perry4Law and PTLB that have been accepted by TRAI pertain to issues like:

(a) Establishing servers in India,

(b) Establishing cloud computing legal framework in India,

(c) Establishment of telecom security in India,

(d) Reconciling privacy rights and law enforcement requirements,

(e) Reconciling privacy rights and national security requirements,

(f) Adoption of lawful interception methods,

(g) Telecom dispute resolution reforms in India,

(h) Crisis management and emergency response services,

(i) Delivery of e-services in a time bound manner,

(j) Digitisation of governmental records,

(k) Establishing cloud computing best practices in India,

(l) Encryption and privacy issues of cloud computing,

(m) Establishing a centralised monitoring system in India, etc.

Clearly, the telecom policy 2012 is moving towards consumer and end user empowerment. The ball is now in the court of DoT and Indian government and let us see how they would react to the suggestions of Perry4Law and TRAI.

Cyber Law, IPRs, ICANN, NCTC And Education Updates 25-02-2012

This is a very crucial and interesting update. It covers areas as wide as cyber law, intellectual property rights (IPRs), ICANN’s new generic top level domain registrations, online cyber law, cyber forensics and ethical hacking education and training in India, national counter terrorism centre (NCTC), phone tapping in India, trademark and copyright violations by Google, censorship of NCTC and controversial results by Google in India, etc.

The relevant updates in this regard are:

(1) Big Brother Must Not Overstep The Limits
‎
(2) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed
‎
(3) NCTC Of India Facing Stiff Oppositions
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(4) National Counter Terrorism Centre (NCTC) of India Is Required
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(5) NCTC, Intelligence Agencies And Censorship By Google In India
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(6) Google Censored NCTC News And Blog Posts In India

(7) ICANN’s New Generic Top-Level Domains (GTLDs) Registration: Risks And Benefits Analysis

(8) Risks And Benefits Analysis Of ICANN’s New GTLDs Registrations

(9) Legal Rights Objections Under ICANN's New GTLD Domain Registration Program

(10) ICANN’s New Generic Top-Level Domains (GTLDs) Registration In Progress

(11) Is Google Ignoring Trademark Violations Claims And Passing Off Remedies?

(12) Legal E-Learning In India Would Grow

(13) Online Cyber Law Education In India

(14) Online Cyber Forensics Courses In India

(15) Lawyers Training And Education In India

(16) Ethical Hacking Training In India

(17) Cyber Law And Ethical Hacking Courses In India

(18) Online Ethical Hacking Courses In India

(19) Ethical Hacking Training In India

(20) Online Legal Courses In India

(21) Online Legal Courses In India By PTLB

(22) Cyber Due Diligence For Foreign Websites In India

(23) National Counter Terrorism Centre (NCTC) of India Is Required

(24) NCTC Of India Facing Stiff Oppositions

(25) Constitutionality Of NCTC Challenged Before Madras High Court

(26) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed

(27) Parliamentary Oversight Of Intelligence Agencies Of India Is Missing

(28) NCTC, Intelligence Agencies And Censorship By Google In India

(29) Phone Tapping Laws In India Required

(30) Phone Tapping Law In India

(31) New GTLDs Applicants Must Ensure Due Diligence Before Applying

(32) National Counter Terrorism Centre (NCTC) of India

(33) Google Is Censoring NCTC And Intelligence Agencies Related Results In India

(34) Google Censored NCTC News And Blog Posts In India

We hope the readers would find this update very useful.

Cyber Law, IPRs, Privacy, Data Protection And E-Discovery Updates 08-02-2012

This work is providing some very crucial updates provided by many blogs in the fields like cyber law, intellectual property rights (IPRs), privacy rights and privacy laws, data protection, data security, Internet intermediary liability, content removals, e-discovery, etc.

The following posts are worth considering in this regard:

(1) Data protection laws in India,

(2) Privacy rights and laws in India,

(3) Civil liberties protection in cyberspace,

(4) Privacy rights, privacy laws and data protection laws in India

(5) Google’s strategy to tackle Indian legal disputes

(5) Google and Facebook to remove offending contents

(7) Google must address trademarks violations complaints

(8) Remedies for small copyright claims in United States

(9) DMCA compliant to Google Incorporation and legal notice to Google India

(10) Google’s Adwords and Adsense trademark policy

(11) Google’s new privacy policy and terms of service (ToR)

(12) India must invent alternative to DMCA complaints to Google and others

(13) Google and Facebook must comply with Indian laws

(14) National telecom security policy of India

(15) National Telecom Network Security Coordination Board (NTNSCB) of India

(16) Are Google, Facebook, etc heading for a trouble?

(17) Modernisation of Postal Department Of India

(18) Internet Intermediary Liability In India

(19) Legal arsenal for Delhi High Court to decide Google and Facebook case

(20) Will Delhi High Court deliver cyber justice to India?

(21) Video conferencing is a trouble technology in India

(22) Is Google deliberately avoiding compliance with Indian laws?

(23) Blogger is making country specific redirections

(24) Cyber litigations against foreign websites in India

(25) Websites blocking in India

(26) Information Technology (Intermediaries Guidelines) Rules, 2011

(27) Google, Facebook, etc must appoint nodal officers in India

(28) E-discovery for social media in India

(29) Data rooms and legal compliances in India

(30) Virtual data rooms and legal compliances in India

(31) Online legal due diligence in India

(32) Virtual legal due diligence in India

We hope you would find these updates useful.

Google Blogspot Platform Is Providing Country Specific Results

As you are aware, Google is planning to use a new privacy policy and terms of service (ToS) on 01-01-2012. Many people have raised valid concerns that this may be adoption of a more intrusive and e-surveillance oriented approach by Google. On the other hand, consolidation of various privacy policies and ToS at a single place has many benefits and advantages as well.

Only time would tell whether the new privacy policy and ToS of Google would be beneficial or counter productive. However, its effects have already been visible. In the past, Google has been giving country specific news and SERPs. To meet this objective Google has been using the internet protocol (IP) address of the user.

This is a serious issue that may have grave privacy violation implications. IP based results are also the requirement for Google to place the most relevant online advertisement based upon users location, behaviour and tastes. This policy of Google deserves to be taken note of by the federal trade commission and department of justice of United States.

However, the most bizarre act of Google is bifurcation of blogspot domain into India specific results and non India specific results. If you are an Indian blogger at blogspot domain, you must have realised that your blog’s address is automatically assigned to ***.blogspot.in instead of the ***.blogspot.com.

The legality of various acts and omissions of Google Incorporation and Google India need to be legally scrutinised. Google is already facing a criminal trail in India for non removal of objectionable contents. Similarly, a DMCA notice to Google Incorporation and legal notice to Google India has also been served. In other cases, it appear that Google is deliberately ignoring and violating Indian laws like copyright law, trademarks law and cyber law of India.

Undoubtedly, Google must comply with Indian laws to escape various civil and criminal liabilities. Similarly, India must also develop alternative mechanisms to DMCA notice that Google and others must follow. This is more so when the cyber litigations against foreign websites would increase in India.

The latest privacy policy and ToS of Google as well as providing Indian and non Indian based blogspot results is not going in the right direction. There is a need to analyse the same and federal trade commission and department of justice of United States and Indian government must legally scrutinise the same. The possibilities of any unfair trade practice by Google must be ruled out before Google’s new privacy policy and ToS are made operational.

Is Google Deliberately Avoiding Compliance Of Indian Laws?

Something terribly wrong is happening at Google India office and functions. Whether it is compliance with Indian intellectual property laws or cyber law or screening of India specific search results, everything seems to be in real mess at Google India’s part.

Recently, posts pertaining to the controversial non allowance of video conference of Salman Rushdie were mysterically removed from India specific SERPs and blog search. They reappeared only after this issue was publically discussed by us. Now SERPs of DMCA complaint with Google are not appearing properly in India.

However, the real problem seems to be that Google India in general and Google Incorporation in particular is not complying with the laws of India and legitimate demands arising out of the same. Even if DMCA procedure is followed, Google Incorporation and Google India are not complying with US and Indian laws respectively.

This situation urgently demands that India must establish an alternative legal regime that does not need to be DMCA compliant. In fact, Perry4Law Techno Legal Base (PTLB) has recommended some measures that can solve this problem of non following of Indian laws by companies like Google, Facebook, Wordpress, etc.

PTLB has suggested the following:

(1) All subsidiary/Joint ventures companies in India, especially those dealing in information technology and online environment, must mandatorily establish a server in India. Otherwise, such companies and their websites should not be allowed to operate in India.

(2) A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India.

(3) More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites.

These are strong suggestions that can provide the requisite legal arsenal to the Delhi High Court that is currently hearing the case of Google, Facebook, etc. The Delhi High Court would hear Google, Facebook, etc on 02-02-2012 and there is nothing that prevents it from taking a judicial note of these suggestions.

Video Conferencing Is A Troubled Technology In India

Information and communication technology (ICT) is increasingly posing challenges before Indian government. Sometimes, novel situations and challenges are posed before Indian government that they have to resolve. This is the reason why companies like Google and Facebook are fighting legal battles in India.

There is no second opinion that India is anxious to control information technology. Measures like Internet censorship, websites blocking, etc have been devised by India to take control of technology. However, no matter howsoever hard Indian government would try; technological issues would keep on teasing Indian government.

The latest to add to this list is use of video conferencing in India. The recent episode of Rajasthan government and Rajasthan police not allowing the video conferencing of Salman Rushdie affirms this struggle.

We have no dedicated video conferencing laws and regulations in India. Obviously, we have no dedicated video conferencing blocking laws in India as well. In the absence of a clear cut law, Indian government is following procedures that do not justify its stand.

There is an urgent need to formulate sufficient rules or guidelines in this regard so that illegal vide conferencing blocking in India can be curbed.

Ministry Of Home Affairs Would Scrutinise Online Contents

Foreign websites and social media platforms are defending themselves in India under the cyber law of India. In fact, the cyber law due diligence and social media due diligence have emerged as the perspective cyber law trends of India in 2012. Clearly, foreign companies and websites must keep in mind the conflict of laws across the world that they have to adhere to.

Although cyberspace is not a safe place for any person yet children are more vulnerable to the evils of cyber crimes. Protecting children in cyberspace is of utmost importance. Realising this requirement, the home ministry of India would scrutinise social networking sites for the risks they may pose before children. Home ministry plans to monitor social networking sites that host obscene material that induces children to sexually explicit acts or crimes.

In fact, the home ministry has communicated to other states that it is essential to monitor and regulate various websites, including social networking websites, and to train teachers, cyber café owners and parents on deploying parental control software to mitigate spoofing of age, gender and identity.

B Bhamathi, additional secretary at the home ministry has issued a letter to all state police chiefs and chief secretaries and has directed that in appropriate cases, the police should request social networking sites to remove undesirable contents. Bhamathi has also suggested that police officers must act as undercover agents to identify internet criminals and apprehend them to safeguard children’s interests.

According to Praveen Dalal, managing partner of law firm Perry4Law and leading techno legal cyber law expert of Asia, if Websites are “Violating” Laws of India and they have been “Notified” to this effect and still they “do not Remedy the Situation”, then the Safe Harbour Protection under Indian Information Technology Act, 2000 is “Lost” and such Websites/Owners can be Prosecuted in India.

Thus, social networking websites that are duly notified by police officers in India are required to take down contents that are detrimental to children and may pose threat to them. If these social media websites refuse to or fail to do so, they may be prosecuted in India.

This is a reasonable step on the part of home ministry as cases of child pornography, online harassment, cyber stalking and cyber bullying are increasing world over. In fact, recently Interpol helped India to track child porn surfers in Kerala. Clearly the grip of Indian cyber law is tightening upon websites and social media platforms and they cannot afford to ignore cyber law due diligence any more.

Google, Facebook, Microsoft, Yahoo Etc Summoned Before Indian Court

There are certain offences against the State that cannot be tried by any court in India till central/state government grants its permission. Such permission is granted under section 196 of the Code of Criminal Procedure (CrPC), 1973 and once granted certain criminal offense committed against a nation/state can be prosecuted.

Lack of cyber due diligence and weak arguments before the Delhi High court has brought a situation where websites like Google, Facebook, Microsoft, Yahoo, etc would have to face criminal trial in India. The Indian government has sanctioned prosecution of social networking sites like Facebook, Google, Microsoft and Yahoo India over objectionable content on their sites and with this the criminal trial process has begun. Even these websites may be blocked in India if they fail to comply with Indian laws.

Meanwhile, the trial court adjourned the matter till March 13, 2012. The trial court has also directed the external affairs ministry to serve the summons issued to foreign-based social networking sites. With this the excuse of being an Indian subsidiary is also gone and now parent companies would have to face the heat.

Indian government, while granting such permission, said “Government of India, after being satisfied that such content are violative of the provisions of the Information Technology (Intermediaries Guidelines) Rules, 2011, and after due application of judicious minds finds it appropriate to grant sanction under section 196 of CrPC to proceed against the accused persons in the aforesaid complaint in national harmony, integration and national interest”. This was said in a report submitted by the department of information technology to the trial court.

According to Praveen Dalal, managing partner of law firm Perry4Law and leading techno legal expert of India, if Websites are “Violating” Laws of India and they have been “Notified” to this effect and still they “do not Remedy the Situation”, then the Safe Harbour Protection under Indian Information Technology Act, 2000 is “Lost” and such Websites/Owners can be Prosecuted in India.

This entire situation could have been avoided by simply removing the offending contents. I do not know why websites failed to consider such request. Even otherwise when such a media rage was raised over the issue, there was nothing that prevented such websites to remove the offending contents on their own. Now these websites cannot even claim that they had no knowledge of such offending contents.

The best option for these websites seems to be to remove the infringing material and report to the concerned courts. The sooner they do it the better it would be to diffuse this tension and situation.

Can Google And Facebook Be Blocked In India?

Recently we covered an article titled should Wordpress be blocked in India? The article was a result of the increasingly denial of US based and foreign companies to comply with Indian laws like copyright law and cyber law of India. As matters of fact foreign companies are openly violating the intellectual property rights and cyber law of Indians and even if contacted they are not willing to remedy the situation.

Techno legal experts in India have even suggested that US must change its policy towards foreign IP infringements and must stay away from getting involved in controversial laws and actions. However, it seems foreign companies are not listening and experts in India have suggested taking drastic steps like reasonable judicial blocking of such offending websites in India.

According to Praveen Dalal, managing partner of law firm Perry4Law and leading techno legal expert of India, Websites Blocking in India by Judiciary must be Just, Reasonable and Fair. There should not be an “Unreasonable” or “Casual Approach” towards Blocking of Websites in India by Indian Courts. If Websites are “Violating” Laws of India and they have been “Notified” to this effect and still they “do not Remedy the Situation”, then the Safe Harbour Protection under Indian Information Technology Act, 2000 is “Lost” and such Websites/Owners can be Prosecuted in India, informs Praveen Dalal.

This explains the prosecution part of such websites. However, what happens if the prosecuted websites fail to comply with court’s directions? Such Websites can be “Legally Blocked” in India if they fail to “Comply” with Court’s Directions or Directions of Indian Government Agencies like Computer Emergency Response Team, India (CERT-IN) that are duly ordered in this regard by a Designated Officer, informs Praveen Dalal.

The way foreign websites are refusing to comply with Indian laws, blocking of such websites in India is going to increase. In fact, US has proposed laws like Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA) and the "Stop Online Piracy Act (SOPA) that are primarily targeted toward foreign websites blocking, including those of India. India must also enact such law that can block foreign websites if they do not comply with Indian laws.

While pre screening of contents is not possible yet there is nothing that prevents foreign companies from removing objectionable contents. In fact, they are legally bound to remove such offending contents once they become aware of such contents. Cyber due diligence for India companies and foreign websites is now well established and websites owners cannot deny the same.

In fact, the Delhi High Court has today reiterated this position that websites of social networking site Facebook India and search engine Google India can be "blocked" like in China if they fail to devise a mechanism to check and remove objectionable material from their web pages.

The court proceedings against Google and Facebook would continue before the magistrate's court and it would decide the fate of these two companies as per Indian laws. The arguments put forward on behalf of Google and Facebook seem to be weak and they must come up with something really brilliant to show that they are compliant with Indian laws.

Cyber Crimes And Role of Media In India

Cyber crimes in India are increasing rapidly. With the proliferation of social media websites in India, cyber crimes have not spared even such social media websites. A lot of cyber crimes, cyber contraventions, intellectual property rights (IPRs) violations, etc are committed due to lack of awareness about cyber law of India.

Further, there are very low cyber crimes convictions in India. This is because the cyber crime investigations in India are not proper due to lack of cyber law and cyber forensics knowledge. There is an urgent need to ensure cyber skills development in India so that cyber crimes can be prosecuted successfully.

Even judiciary needs to reform its practices and working style. Presently civil and criminal cases take decades to resolve and this frustrate the cause of justice. Technological innovations like e-courts, online dispute resolution (ODR), digital evidencing, e-discovery, cyber forensics, etc are still missing from Indian courts. These technological innovations can greatly reduce the time taken by Indian courts to decide cases.

Similarly the role of media in expediting the trials in courts is also well known. Media highlights the societal issues and this force the courts to speed up the matter. While media trial must be avoided yet public awareness must be spread by media so that cases can be debated among Indian masses. Cyber crime cases generally do not attract media attention.

Social media websites are popular places for building new relationships and contacts. However, social media websites are also becoming a place for cyber criminals to indulge in various cyber crimes.

We have no dedicated social media laws in India although guidelines for social media contents monitoring in India may be prescribed. Although we have a cyber law in India in the form of information technology act 2000 (IT Act 2000) yet we have no dedicated social networking laws in India. The cyber law for social media in India needs to be strengthened further keeping in mind a balance between civil liberties and law enforcement requirements.