Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India that is also managing PTLB, PTLITC and other Premier ICT and Cyber Security Initiative of India. Perry4Law provides Techno-Legal Services for: (1) Litigation support, (2) Consultancy support, (3) Arbitration and Mediation including ODR in India, (4) LPO in India, Legal BPO/Legal KPO in India, (5) Para Legal Services etc.
Saturday, May 2, 2009
Future Of ICT KPO in India
Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India that is also managing PTLB, PTLITC and other Premier ICT and Cyber Security Initiative of India. Perry4Law provides Techno-Legal Services for: (1) Litigation support, (2) Consultancy support, (3) Arbitration and Mediation including ODR in India, (4) LPO in India, Legal BPO/Legal KPO in India, (5) Para Legal Services etc.
Data Security Problems In India Getting Chronic
Cyber Law in India is in bad shape and so are cyber security and cyber forensics in India. The problem lies with the fact that India does not have “Legal Enablement of ICT System in India”. The Information Technology Act, 2000 (IT Act, 2000) is the sole cyber law of India that is not at all addressing the requirements of cyber law, cyber security, cyber forensics, data security, data protection, etc in India.
The Government of India (GOI) was lethargic enough to not to touch the IT Act, 2000 for full 8 years. Even after proposing the amendments to the IT Act, 2000 the GOI further weakened and destablised it. Fortunately, the proposed Information Technology Amendment Act, 2008 (IT Amendment Act 2008) seems to be stalled as it has not yet been “Notified” even after a lapse of more than four months of passing the same. The legal position in this regard is that IT Act, 2000 is still “Unamended” and the proposed IT Amendment Act, 2008 has no “legal significance”.
Other allied problems pertain to Data Protection Law in India, Data Security Problems in India, etc. Data breaches and cyber crimes in India cannot be reduced till we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger.
The GOI is also clueless about data security and cyber security. The notion of data security and cyber security is presently revolving around an insignificant and almost unrelated aspect of encryption level, which the GOI can neither control nor should it endeavour to do so. There is no reasonable and fair law in the World that can force the netizens to adopt a particular “Standard” of online communication and dealing. The GOI is killing whatever cyber security measures that netizens adopt and apply themselves by formulating rules and regulations in an ignorant manner and without understanding the technology and its applications. In short, the GOI is trying to beat the wind by a stick says Mr. Praveen Dalal.
The first step that the GOI must take is to get help of knowledgeable experts of techno-legal field who can in fact contribute for strong and effective legal enablement of ICT systems in India. India cannot do much with industry inputs and government expertise as they have failed India so far.
AUTHOR: CATHY
Cyber Law And Cyber Security In India
The Parliament of India passed the Information Technology Amendment Bill, 2008 (Bill 2008) without any debate or discussion. All laws, including the Bill, 2008, are prima facie unconstitutional but neither our Judiciary nor the President of India found any problems with that. The Bill 2008 got President’s approval on 5th February, 2009 without the President even thinking once about its ill effects. Except Mr. Praveen Dalal none seems to have protested about this situation. Fortunately, as a result of this the proposed Bill 2008 seems to have been definitely “withdrawn”.
Even judges of Indian Supreme Court have shown their dissatisfaction with the existing cyber law of India. All these developments have even forced the officers of the government of India to admit that the Bill 2008 requires further refinement and strength. IT Secretary Jainder Singh had declared that the ministry would shortly come up with fresh regulations to be added to Bill 2008 as there was criticism that the bill takes little care of the identified issues.
Similarly, cyber security in India and cyber forensics in India are also missing. The government must not only enact a sound cyber law but also establish cyber security and cyber forensics capabilities. The government must also train judiciary, lawyers, police officers, intelligence agencies, etc in this regard. It is high time that India must do something regarding these aspects.
Political Agendas, Lies And Gullible Indians
While BJP has come up with an IT Agenda, Congress seems to be indifferent towards ICT once again. The truth of these agendas and manifestos cannot be ascertained till we are made fool once again by a collation government. However, there are some very absurd events taking place in India in the meanwhile.
Firstly, the Parliament of India passed the Information Technology Amendment Bill, 2008 (Bill 2008) without any debate or discussion. All laws, including the Bill, 2008, are prima facie unconstitutional but neither our Judiciary nor the President of India found any problems with that. The Bill 2008 got President’s approval on 5th February, 2009 without the President even thinking once about its ill effects. Except Mr. Praveen Dalal none seems to have protested about this situation. Fortunately, as a result of this the proposed Bill 2008 seems to have been “withdrawn”.
Secondly, ICT must be used as a tool of development rather than as a means of harassment. Excessive and illegal e-surveillance eliminates the chances of effective use of ICT on the one hand and operates as an opponent of e-governance on the other. E-governance presupposes a free, fair and transparent public dealing in the cyberspace. Of late India has been treading on the wrong path of becoming an excessive surveillance State rather being a technology knowledge driven society. The recent example of mandating the e-mail companies to maintain their e-mail servers in India is a very novice decision. It only shows the ignorance about cyber security and ICT management issues in India. It is not clear whether Congress led government has come up with this idea or it is a work of government departments like Department of Information Technology (DIT) or Department of Telecommunications (DOT). Whoever has suggested this idea has no knowledge how Internet works and cyber security is ensured.
India needs good legal framework for technology, sound cyber security and effective cyber forensics expertise. The fill in gaps actions would only ridicule India in front of the entire world. It would be better if India come up with good ICT strategies and policies that are not only sensible but also possible to be implemented.
Cyber Security In India
As an individual I had very less faith in the fact that government of India (GOI) listens to public suggestions and inputs. However, the recent activities in the governmental corridors have surprised me. It seems the wakes up calls are working for India. I also observed that public initiatives like legal enablement of ICT systems in India and working group on cyber law in India have a great tendency and potential to influence the minds of even the most stubborn people in the government circles.
Some of the recent developments reaffirm this stand of mine. The Department of Information Technology (DIT) has been following many crucial suggestions of Mr. Praveen Dalal and implementing them one by one.
Firstly, DIT talked about enhanced encryption use that would not only strengthen public trust in online transactions but also would prevent unauthorised e-surveillance by the State. However, there would be an inevitable conflict of interests and opinion between DIT and Department of Telecommunications (DOT) in this regard. This is so because DOT has not been uniform in its stand against encryption standards in the Blackberry services in India. The security agencies of India are insisting upon weak encryption standards in India so that they can monitor the electronic communications of Indian citizens.
Secondly, the data security and data protection issues have also forced the DIT to propose forming an IT Regulatory Body which will monitor the security and privacy aspects of IT and BPO companies. This is again an acceptance of the public demands for a strong data protection law in India.
Thirdly, the cyber crimes and cyber terrorism are increasing at a rapid rate in India. In all terrorists attacks the terrorists used Information and Communication Technology (ICT) to strengthen their attack. There was a growing stress upon a good Crisis Management Plan as well as a sound Critical Infrastructure Protection Policy in India. These suggestions have once again been accepted by government departments.
It would not be surprising if the suggestions of Mr. Praveen Dalal are incorporated as ICT Policies and Strategies of India. Though I really appreciate the steps taken by various government departments yet I am also little bit skeptical about the existence of techno-legal expertise in these departments. It would be a good idea to seek help of good experts in this regard who can in fact execute these ambitious plans.