It seems due to some mischief or users abuses, Google is having some problems with this platform. Some of the accounts of the writers of this platform have been suspended by Google without any prior notice or information. In fact, the procedure specified by Google itself for review of its decision is ineffective and unilateral. If Google suspends an account and a user cannot log in how can he apply for the review of the decision of Google is a big question? This episode has raised serious questions about Google’s policy as well as terms and conditions and the same need to be reformulated to ensure greater users participation.
Meanwhile, while our Writers have “formally notified” Google about these facts they have also decided to shift to Wordpress to avoid any such future misunderstandings and for better results.
While this platform is accessible to some of the writers of this platform, as a protest we would not be posting any material on this platform any more. All further writings would be posted at “Techno-Legal News And Views From India” only till we make some alternative arrangements. Kindly bookmark the same.
This platform would be transformed into a “Member’s Only Blog” very soon and public access of the same would be restricted. We respect the “Public Interest” hence this Blog would still remain in public domain for some more time.
With this the knowledge sharing about “Indian Legal Issues” would be changed forever for Blogger as the largest and most extensive sources of Information Providers about Indian Legal Systems would no more share their resources at this platform. We invite you to our Wordpress Platforms like LNAV. More information would be posted at our Wordpress Platforms subsequently.
AUTHOR: LNAV EDITOR
SOURCE: LNAV
Tuesday, May 5, 2009
PUBLIC NOTICE FOR USERS OF LNAV BLOG
Abuses Of Google Are Jeopardising Its Reputation And Trust
Of late, we have been observing the disturbing trend of abuse of Google platform by those having bad intentions and ill will. The same has taken shape of illegal search engine optimisation, artificial clicks to generate revenue, artificial clicks to increase page ranks, etc.
The latest in trend is to “flag” genuine blogs like Legal News and Views by its competitors and perverse minds. The process, though meant to sort out objectionable contents, has been misused in the past by many. We came to know about this fact when some of the Writers reported the fact that they cannot access their accounts due to “objections” by Google in this regard. Google system and process is also defective in this regard as a blog owner cannot report “review” of her blog when the account itself is “disabled”. The worst part is that Google is “disabling” the “administrator’s account” that is resulting in a complete chaos. Another fallacy with the Google’s practice is that if a single account is used for multiple blogs, all of them are blocked. This is very frustrating.
We have also “analysed” the search results of many key words and found no “relevance and connection” between the searched query and the end result. It seems the search engine optimisation has reached an ugly stage where the reputation of and trust in Google is declining. For instance, type cyber law in India and you would come across Google results at first page that should not at all be there.
We also analysed other search engines like Yahoo, MSN, etc and found them “more neutral and fair” as compared to Google. The results shown for queries were more “balanced and relevant” as compared to Google. It seems Google’s “reputation” itself is becoming a cause of misuse of its platforms. Of course, we cannot blame Google for the “unfair behaviours” of the end users except to the extent that there must be “fair and transparent” mechanism to deal with issues like these.
Google must not forget that “market forces and competition” may take advantage of these lapses in Google’s policies. Wolfram Alpha, a new "Computational Knowledge Engine" developed by British physicist Stephen Wolfram, is all set to revolutionise search with its amazing/innovative ability to give answers to questions directly - instead of directing to sources where the users "might" get the required information. It is going to change the face of search engines and other allied services forever.
Meanwhile, while our Writers have “formally notified” Google about these facts they have also decided to shift to Wordpress to avoid any such future misunderstandings and for better results.
Malware Are Posing Severe Cyber Security Threats In India
Sunday, May 3, 2009
Cyber Terrorism In India
Cyber Terrorism in India is in limelight but for the wrong reasons. It seems the media and law enforcement in India are too much fascinated with the term “Cyber Terrorism” that they have not even done their homework properly. Recently, the anti-terrorism squad (ATS), investigating the “terror email” has decided not to book the accused for cyber terrorism as there was no intention to carry out any act of terror. Further, the news report also claims that according to an amendment in the Information Technology Act, which came into force in February this year, anyone indulging in cyber terrorism could be sentenced to life imprisonment. Prior to this, even the sending of threat emails was considered “hacking”.Let us first analyse the stand of ATS. It seems the ATS has become the all powerful authority of India and it has the power to make the laws, make them operational, execute them and interpret them as per their choice. This is so because they have thought to invoke a provision that does not exist at all in India. The Information Technology Act 2000 (IT Act 2000) is absolutely silent on the aspect of “Cyber Terrorism” and the proposed Information Technology Amendment Act 2008 (Amendments 2008) is still inapplicable in the absence of a “Notification” by the Central Government. Till now there has been no notification by the Central Government in this regard. So from which law the ATS could have charged the accused with Cyber Terrorism is still a great mystery.
Similarly, the reporter of this news item has no hint whatsoever that the proposed Amendments 2008 have not yet come into force. So there is no question of applying its provisions to this case. Strangely enough, I cannot find any incidence where sending offensive e-mail is considered to be a case of “hacking” in India either as per the IT Act 2000 or even by the Amendments 2008.
Of course, if the Amendments 2008 have been notified at the time of writing of the reported news then this story makes lot of sense. The fault lies with the Government of India that failed to make clear the status of the amendments.
It seems there is a lack of “cyber law awareness” in India. The law enforcement and media must be responsible in their dealings and claims regarding cyber law and other techno-legal issues. They must acquire some good knowledge about cyber law of India so that not only cyber crimes may be dealt with properly but also there is a culture of “responsible journalism” in India.
Updates of 2009, 2010 and 2011
Also see this following updates in this regard:
(1) Cyber Terrorism is a National Security Hazard
(2) Cyber Terrorism against India
(3) Cyber Terrorism in India and its Preparedness
(4) India is facing serious Cyber Threats
(5) Cyber Security Policy of India
(6) National Security Policy of India is required
(7) Indian Crisis Management Plan for Cyber attacks and Cyber Terrorism
(8) Securing Critical National Infrastructure from Cyber Attacks
Wireless Insecurity In India
The wireless networks are increasingly used in India. On the one hand we have the convenience of using wireless networks whereas on the other hand they are prone to hacking and other cyber crimes making them the premier crime perpetuation platform. The Information Technology Act, 2000 (IT Act, 2000) is the exclusive cyber law of India and it is silent on this aspect. We are also witnessing an increased use of insecure wireless networks for sending mails either before or after the terrorist attacks in India.
The problem of wireless hacking is repeatedly brought to the public notice but still most of the wireless connections are insecure in India. The terrorists have targeted the wireless networks of Mumbai State and most of the terrorist mails are coming from such hacked wireless systems. We must secure our wireless networks on the one hand and adopt sound and stringent Crisis Management Strategies against terrorism in India on the other hand. All these problems have failed the Indian e-governance initiatives.
Even if the Government of India (GOI) is able to remove all the vices hindering the Indian e-governance initiatives, a bigger problem is waiting for India. India is notoriously infamous for weak cyber law, inadequate cyber security and absent cyber forensics capabilities. The moment we provide Internet access to crores of Indian, a major “Cyber Security Fiasco” would engulf India. India is not at all prepared on the front of securing its e-governance base.
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.
Saturday, May 2, 2009
E-Courts Have Absolutely Failed In India
In fact, Perry4Law, the leading Techno-Legal Firm of India, has found that there has been no work or efforts in the direction of establishment of E-Courts in India. All that the GOI has done is the supplying of laptops to the members of Indian judiciary. According to Mr. Praveen Dalal, Managing Partner of Perry4Law and leading Techno-legal Experts of India, “There is a clear lack of insight as well as capabilities on the part of Indian Government and others managing the e-courts project in India. Repeatedly the GOI has declared that India has finally established e-courts. The fact remains that there are no e-courts in India and we are not even “close” to achieving that task. With this speed and expertise India needs at least 10 more years to effectively and actually implement e-courts projects in India”.
Interestingly, Perry4Law has already provided the First Update, Second Update, Third Update and Fourth Update regarding e-courts status in India. These updates very clearly show that for the time being, Indian e-courts project has stalled and no development and progress is happening in this regard. It seems we are heading towards another “yearly extension” as in the absence of any action in this regard that is the only natural outcome.
Best LPO And KPO Model For Clients In India
Cost reduction and efficiency are some of the reasons for outsourcing various kinds of services to India. These core attributes also apply to Legal Process Outsourcing (LPO) in India (LPO in India) and Knowledge Process Outsourcing (KPO) in India (KPO in India). While LPO in India is already established yet KPO in India has still to catch the rhythm. Further KPO in India requires a “Domain Specific Expertise” that has nothing to do with the size of an organisation. An organisation may be very big yet when it comes to executing domain specific tasks it may even does not exist.
This raises the natural question how to choose the most effective LPO or KPO for the concerned assignment? I think the answer is very obvious. The clients must choose that LPO or KPO which is most economical and efficient.
To be most economical the clients must “Directly” approach the concerned LPO or KPO providers. There is a trend in India where traditional outsourcing providers are trying their hands even at LPO and KPO. The hiring of few law graduates for this purpose can never meet the expertise required for an assignment. Similarly, if the work is forwarded by these outsourcing providers to actual LPO or KPO providers the costs are bound to increase. Thus, the first step for LPO and KPO clients is to approach the LPO and KPO directly.
The second step is to approach those LPO and KPO only who have the best expertise, not size, to executive the assignment. Perry4Law has recently received requests from many Multi National Companies (MNCs) dealing in Information and Communication Technology (ICT) related issues for “Training” their staff in Techno-Legal matters like Cyber law, Cyber Security, Cyber Forensics, Due Diligence, etc. This shows that the traditional model of outsourcing cannot be blindly applied to at least Techno-Legal KPO segment that requires tremendous domain specific expertise. The clients must first ascertain the capabilities and expertise of the concerned LPO or KPO provider before assigning domain specific assignments.
The third step for client is to ensure that they would get “Personalised” services from the concerned LPO or KPO provider. Personalisation not only improves the quality of the end result but also provides the most accurate and desirable results. The clients must insist upon a personalised service and avoid handing of their assignment by a bunch of fresh recruiters.
Perry4Law would come up with more suggestions and opinions for the clients seeking LPO and KPO services in India. Visit the Contact Point of Perry4Law for Professional Assistance.
Information Technology (Amendment) Act, 2008 Of India Has No Legal Applicability
Recently there has been lot of confusion regarding the status of proposed Information Technology Amendment Act, 2008 (IT Amendment Act 2008). This confusion is required to be cleared. There is a need to clarify the stage at which a proposed legislation becomes applicable and comes into force. The proposed IT Amendment Act 2008 is still “NOT Applicable” and the previous Information Technology Act, 2000 (IT Act, 2000) is still applicable. There has been no change whatsoever that the proposed IT Amendment Act 2008 has made in the original IT Act, 2000. No new rights and liabilities are arising and can be claimed from the proposed IT Amendment Act 2008 and all rights and liabilities would be governed by the unamended IT Act, 2000 alone.
As per the governmental sources, the IT Act 2008 has not yet been notified. Section 1(2) of the IT Amendment Act 2008 mandates that the Act has to be notified by Central Government in Official Gazette to make it an enforceable law. Till the central government actually notifies the date, the IT Act 2008 would remain a paper work alone, says Mr. Praveen Dalal. There has been no sign of “Notification" of the same.
The misinformed information spreading these days should not confuse all those who are interested in the Indian cyber law. All that the Central Government has done is publication of the “fact” that the IT Act 2008 has received the “President’s assent”. It does not tell anything else. Those who are not familiar with the process of law making and its notification have been confused by this declaration and spreading rumours about its notification.
The cyber law observers must consult the only authentic source of information in this regard. If the IT Amebdment Act 2008 is made applicable, the same would be notified at the abovementioned techno-legal resource. It would be a good idea if the government openly declares that the IT Amendment Act 2008 has been withdrawn or would be reformulated by the Parliament of India in the next session.
Autoruns As Computer Forensics Utility
Perry4Law is providing “Cyber Forensics Tutorials” on a regular basis. The purpose of various initiatives of Perry4Law is to establish “Legal Enablement Of ICT Systems In India”. These initiatives also intend to strengthen the Cyber Law, Cyber Security and Cyber Forensics Capabilities of India. We hope all the readers would be benefited by these efforts of ours.
Of many tools that PTLB and PTLITC have tested, we found Autoruns as one of the best light weight tool for analysing a system in live environment. The best part is that it is freely available for download and uses that also with full functionality. In the cyber forensics world there has been a shift from dead analysis to real time analysis of a live system. Autoruns has a potential to analyse volatile data from a suspect computer. Besides it can also be used to secure a computer by tracing and eliminating suspicious activities and programs.
AUTHOR: TECHTALK
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.