Cyber Warfare Capabilities Must Be Developed In India

Cyber warfare is not a new term anymore. Although, its exact definition and scope is not clear yet none can deny the role of information warfare in the near future. Even India has also appreciated its importance. The best part is that this appreciation is coming from none other that the Prime Minister of India Dr. Manmohan Singh.

Dr. Manmohan Singh has issued clear directions to National Security Council (NSC) of India to work in the direction of establishment of cyber command authority (CCA) for India. Dr. Singh has also asked for putting in place an action plan before such an authority is set up. Dr. Singh has also rightly deferred the plan to set up CCA till a thorough review of the cyber threat is done.

However, India lacks proper expertise and training to undertake such an ambitious project and establish such an authority. We have a single techno legal cyber security research, training and education centre in India (CSRTCI). Further, we also have a single techno legal cyber security training and educational centre in India managed by Perry4Law Techno Legal Base (PTLB).

According to Praveen Dalal, CEO of CSRTCI and Leading Techno Legal Expert of India, Cyber Warfare Capabilities have assumed tremendous importance these days. The future Cyber Warfare would be even more mysterious, anonymous and dangerous. Further, the Indian Government even need not to spend crores of cash for this purpose if it opts for “Open Source” Software, suggests Praveen Dalal.

So the matter boils down to appropriate cyber security policy and adequate techno legal training. Dr. Manmohan Singh must include as many institutions and individuals as possible so that cyber security of India may become robust and effective.

Critical Infrastructure Protection In India Is Required

Critical infrastructure protection (CIP) in India (CIP in India) is an essential part of homeland security of India. Homeland security is assuming importance these days in India. However, homeland security of India needs urgent rejuvenation as the same is not up to the mark. As the concept is new, it would be fair if India take two or more years to streamline its homeland security.

Further, cyber security issues are also closely related to homeland security of India. On the front of cyber security as well India has to cover a long distance. India must develop cyber security capabilities as soon as possible.

Cyber Security and Homeland Security are in infancy stage in India, says Praveen Dalal, Managing Partner of Perry4Law and leading techno legal expert of India. Both of them are very important to preserve India’s Critical ICT Infrastructure Protection. Further, India also needs a separate Framework for Cyber Security, CIP and Homeland Security issues, suggest Praveen Dalal.

With the growing cyber threats against India like cyber terrorism, cyber warfare, cyber espionage, etc, it is very much required to have good cyber security strategy in India. India also needs to formulate suitable ICT policy covering all these crucial issues.

However, of all the requirements the most important one pertains to techno legal skill development in India. Indian government or its agencies do not have sufficient numbers of skill workforce to deal with issues like cyber law, cyber security, cyber forensics, cyber warfare, cyber terrorism, cyber espionage, etc.

We have just a single techno legal cyber security research, training and education centre (CSRTCI) in India. The CSRTCI is managed by Perry4Law Techno Legal Base (PTLB), one of the techno legal segments of Perry4Law and spearheaded by Praveen Dalal himself.

Finally, India has also not shown much interest in formulation of techno-legal crisis management plan (CMP). Although many talks in this regard have been undertaken, a concrete action in this regard is still awaiting.

Home Minister P Chidambaram must take initiative regarding cyber security, cyber forensics, cyber warfare, etc. Home Ministry is currently undertaking projects like Natgrid, CCTNS, etc and it would be a good idea to cover areas like CIP, homeland security, and CMP as well.

E-Surveillance Is Not A Substitute For Cyber Skills

I personally believe that our Home Minister Mr. P Chidambaram is a learned and honest person. However, he is also gullible. Whether it is multinational companies, foreign governments, law enforcement agencies, etc all of them are selling their “stale and failed ideas” to Mr. Chidambaram and he is willingly accepting the same with a generous heart.

It seems many people and companies have realised that India is a very good market when it comes to security and cyber security related products and services. However, what would Indian government do with cyber security products if it cannot use the same?

If the Home Ministry or Indian government is even little bit aware how concepts like cyber security and cyber forensics work, it must be aware of free and open source software (FOSS) and open source hardware.

The cost is just one of the factors. The real issue is to manage the affairs of Home Ministry in a constitutionally sound manner. Home Ministry has been mandating various acts or omissions that openly go against the spirit of Indian Constitution.

For instance, India has no constitutionally valid phone tapping law and phones are tapped in India on the basis of unconstitutional colonial laws.

Similarly, privacy laws and data protection laws have been deliberately kept out of the loop of legislative business of parliament of India to accommodate illegal phone tappings and e-surveillance. Even projects like Aadhar and authorities like UIDAI are working on this principle.

Encryption standards that are essential for strong cyber security and risk free e-commerce have been deliberately constrained to ridiculous levels. Companies like Blackberry, Skype, Google, etc have been asked for to surrender encryption keys so that law enforcement and intelligence agencies may snoop at will.

I think the real problem is that neither our executive/parliament/judiciary nor our law enforcement and intelligence agencies are aware of technical issues like cyber law, cyber security and cyber forensics. As an escape route they have decided to use e-surveillance as a substitute to cyber capabilities.

Mr. Chidambaram, e-surveillance is not the substitute for cyber security and cyber forensics capabilities. You must give suitable and practical training to your law enforcement and intelligence agencies in cyber law, cyber security and cyber forensics so that they can solve cases and save millions of precious lives in real time.

National security, and above that every single life, is very important but there must be checks and balances while exercising it. National security should not be used as a façade to violate civil liberties in India, which unfortunately is presently happening in India.

Lawful Interception Law Missing In India Says Praveen Dalal

In this “Guest Column”, Praveen Dalal Supreme Court Lawyer and CEO of Exclusive Human Rights Protection Centre in Cyberspace (HRPIC) of India, has shared his views regarding phone tapping and e-surveillance laws of India. The views and opinions are solely of Mr. Praveen Dalal and we do not endorse or substantiate his viewpoints.

It is both ironic and sad that laws used by British Government against Indians are used by our own Indian Government against its own Citizens. There are many “Draconian Colonial Laws” that were kept intact by Indian Government even if they go against the very Philosophy and Spirit of Indian Constitution. This is because these Outdated and Unconstitutional Laws are well serving the “Purposes” of Indian Government.

One of such laws that require an immediate repeal is the Indian Telegraph Act, 1885. It is the most abused law of India when it comes to Phone Tapping and Illegal Surveillance. The fact and truth is that India does not have a Legal and Constitutionally Sound Phone Tapping and E-Surveillance Law.

Even after the Supreme Court of India declared Right to Privacy a part of Article 21 of Indian Constitution, Indian Government kept at bay the requirement to protect Privacy Rights of its Citizens. Instead, it preferred to impose Projects and Authorities without any Legal Framework. This is nothing but a “Complete Failure” of “Parliamentary Democracy” in India. I wonder whether India has Separation of Powers anymore.

So much so that even after the Supreme Court’s Judgment in PUCL case prescribed minimum “Safeguards” against Illegal Phone Tapping, nothing has changed. The “Safeguards” provided by Supreme Court were “Sub Minimum” and even those Safeguards are not followed in India.

Naturally, even Private Individuals also jumped upon Illegal Phone Tapping and E-Surveillance business and they are openly operating in India. This is bound to happen because when even the Government is not “Fair”, it cannot expect its Citizens to be honest and upright.

Till now it is clear that India would not provide any sort of Privacy Rights to its Citizens and would not protect their crucial Data through a dedicated and strong Data Protection Law in India. The only safeguard that is available against Indian Government and Private Individuals from violating our Privacy Rights is to use “Self Defence Measures”.

This is the reason why I believe that Google, Skype, Blackberry, etc must not succumb to the pressures of Indian Government. They must strongly refuse to share any information regarding its users unless and until there is a “Court Order” in this regard.

Time has come for the Supreme Court of India to stop Indian Executive from Hijacking the Constitution of India, by bypassing both Parliament of India and Indian Judiciary. Since the matter is pending before Supreme Court, it can lay down “Stringent Requirements” before Phone Tapping and E-Surveillance can be conducted in India.

Computer Forensics Research And Development Needed In India

Cyber forensics or computer forensics in India is at the infancy stage. Cyber forensics is very important field that is required for many purposes. It is required for civil and criminal proceedings and it makes the criminal justice delivery system more effective and scientific.

However, despite the great demand for cyber forensics in India there is acute shortage of good cyber forensics experts in India. This is primarily due to lack of proper training and skill development institutions in India.

For instance, there is just a single techno legal cyber forensics training centre in India managed by Perry4Law Techno Legal Base (PTLB). We need more such training centers so that cyber forensics experts can be produced as per the contemporary requirements.

Once again we have a single techno legal cyber forensics research and development centre in India (CFRDCI) managed by PTLB and exclusive techno legal firm of India Perry4Law. The centre is not only doing research in the field of cyber forensics but also in allied fields like cyber security (CSRTCI), cyber warfare, cyber espionage, cyber terrorism, human rights protection in cyberspace, etc.

The centre is providing best practices for cyber forensics in India and is the exclusive repository for cyber forensics software in India. The best part of the centre is that it is managing the techno legal aspects of cyber forensics. Being techno legal it manages both legal and technical aspects of law and technology.

With the growing demands of cyber forensics in India, pressure upon the governmental laboratories and institutions is tremendous. Obviously, they cannot match the demand for growing cyber forensics requirements in the courts cases.

The government of India in general and Home Ministry in particular must actively look forward towards cyber forensics as an essential requirement for India. This is more so when projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), etc would be launched very soon. Let us hope for the best in this regard.

Central Monitoring System Of India In Pipeline

The proposed central monitoring system (CMS) by department of telecommunication (DoT) is a good step in the right direction. However, the chances of its failure and misuse are much greater than unconstitutional projects like Aadhar, National intelligence grid (Natgrid), etc. The only thing that goes in favour of the proposed CMS is that Mr. Kapil Sibal is the present Minister for the Ministry that is entrusted to implement the project.

Mr. Kapil Sibal being a learned person and a man of integrity, CMS may also have “procedural safeguards” that is rarely considered and provided by Indian government. The decision to frame appropriate rules under the sole cyber law of India, i.e. information technology act, 2000, shows his intention to respect and protect privacy rights and data protection within the limited sphere of cyber law of India.

However, this does not mean that India should not formulate appropriate privacy laws and data protection laws. Absence of privacy laws and data protection laws in India has already made some of the most important projects and authorities of India illegal and unconstitutional.

For instance, Indian law enforcement and intelligence agencies are operating almost without any law. Similarly, Aadhar project and unique identification authority of India (UIDAI) are operating without any law. Phone tapping and e-surveillance in India is done without a constitutionally sound law and so on.

Let us hope that Mr. Kapil Sibal would realise that CMS means putting all telecom communication within the hands of selective people. These selective people must be transparent and accountable through proper safeguards otherwise the whole purpose of CMS would be to further strengthen phone tapping and e-surveillance powers of Indian government and its agencies. Needless to mentions, that would be illegal and unconstitutional like the previous initiatives of Indian government.

Legal Framework For Information Society In India

One of the most challenging tasks for India is to provide legal framework for information society. It is also known as legal enablement of ICT systems in India. The main component of this process is that legal and judicial systems are customised in line with information and communication technology (ICT).

The examples of such process include electronic courts (E-courts), online dispute resolution (ODR) mechanism, enacting good cyber law, enacting good laws regarding cyber forensics, etc.

In the Indian context, a significant growth has already been achieved regarding computerisation of traditional courts and their procedures. Many crucial aspects regarding Indian litigation like case list, case status, certified copies, etc are available online. This has also considerable reduced the backlog of cases in India.

However, despite this growth India has failed on almost all other fronts. For instance, till January 2011 we are still waiting for the establishment of first e-court in India. We do not have any ODR mechanism in India, we have an outdated and criminal friendly cyber law in the form of information technology act, 2000 that requires urgent amendments, we have no laws regarding cyber forensics in India, etc. In short, legal enablement of ICT systems in India has failed so far.

A recent development regarding legal and judicial reforms pertains to national litigation policy of India (NLPI). Law Minister Veerappa Moily has launched this policy and very soon the same may be finalised. However, NLPI also failed to consider legal enablement of ICT systems in India properly. It failed to address the requirements of e-courts and ODR mechanisms.

We at Perry4Law and Perry4Law Techno Legal Base (PTLB) have publically provided our suggestions in this regard especially regarding e-courts and ODR. Hopefully, these suggestions would be incorporated in the final NLPI. After all legal enablement of ICT systems is an essential part of legal and judicial reforms of India and it cannot be ignored for long.

IT Act 2000 Rules In Pipeline

Shri Kapil Sibal, the Union Minister of Ministry of Information and Communication Technology has recently announced action plan for his Ministry for the next 100 days. This was a much needed reform for the otherwise plagued Ministry that has been in controversies in the past.

Some of the initiatives proposed by Mr. Kapil Sibal have far reaching reformative implications. For instance, Department of Telecommunications (DoT) would hold consultations for a transparent regime of licensing, spectrum allocation etc. Similarly, legal framework for mandatory electronic delivery of services in India would also be considered.

However, the most important initiative that is in pipeline is the proposal to frame and notify the rules in respect of key sections viz. 43A (Data Protection), 70A (Protection of Critical Information Infrastructure), 70B (Agency to handle Cyber Security), 79 (Liabilities of Service Providers) relating to Cyber Security in the Information Technology Act.

Till now it is not clear what the hurry was that forced the government of India to bring half backed and knee jerk based amendments in the cyber law of India. The information technology amendment act 2008 made cyber law of India weak and criminal friendly. Naturally, cyber crimes increased drastically in India. The proposed amendments brought more harm than benefits.

To make the matter worst, important provisions like data protection, critical infrastructure, encryption standards, etc have not yet been enacted sufficiently. Even the rules pertaining to these crucial provisions have not been formulated.

At last, Mr. Kapil Sibal took charge of the department of technology (DIT) that would bring some accountability in the department. Further, his intentions to formulate proper rules for various crucial fields are also praiseworthy. Let us hope for the best but nothing short of suitable amendments in the cyber law of India can make it effective.

Telecom Disputes In India And Consumer Protection In India

Consumer protection in India got a boost with the enactment of Consumer Protection Act, 1986. It provided a power in the hands of Indian consumers to get appropriate, timely and effective grievances redressal against companies and individuals who had provided defective good or deficient services.

All was going well till Supreme Court of India passed an order regarding telecom disputes. The order, in short, mandates that in case of telecom disputes, consumer forums/courts do not have jurisdiction as appropriate remedy is by way of arbitration.

While the ambit, scope and merit of the order is debatable and controversial, yet it would be a good idea if the Consumer Protection Act (CPA) is properly amended to neutralise this decision, opines Praveen Dalal, a Supreme Court Lawyer and Leading Techno Legal Expert of India.

According to Dalal, the CPA was enacted long time back and contemporary Information and Communication Technology (ICT) related disputes and dispute resolution mechanisms were well beyond Parliament’s contemplation at that time. However, it is high time for the Department of Consumer Affairs in general and Parliament of India in particular to bring suitable amendments in the CPA to make it more effective and responsive, suggests Dalal.

With the growing grievance of consumers in the telecom sector, it would be a bad idea if these grievances and disputes are left out of the purview of CPA. The Department of Consumer Affairs must start the ball rolling and make a suitable amendment draft of CPA as soon as possible.

Consumer Complaint Filed Against Vodafone India

A consumer complaint has been filed against Vodafone India for deficiency in service and mental harassment at the Core Centre, supported by Ministry of Consumer Affairs. This is in continuance of the previous legal notices sent to Vodafone India in this regard.

Noted lawyer Praveen Dalal had previously issued a legal cum demand notice claiming compensation for Rs. 15 Lakhs in this regard.

Telecom companies are arbitrarily disconnecting the connections of its users by citing reverification requirements. However, none is questioning the dubious manner in which Telecom companies are collecting and then disposing the documents submitted by users at the time of getting connection.

Fortunately, department of telecommunication (DoT) is presently managed by Mr. Kapil Sibal who is reforming the entire telecom sector. When a complaint was filed to DoT in this regard, the same was transferred to Vodafone India for proper action.

However, there is an urgent need to overhaul the telecom policy of India by making it more transparent and accountable. Presently, common man finds it very difficult to deal with big telecom companies like Vodafone India.

There is also an urgent need to get timely and regular updates from telecom companies on the complaints and grievances of telecom consumers.

Investigation Agencies Of India Need Techno Legal Trainings

In this article my friend V.K.Singh has analysed the requirements of effective techno legal trainings of law enforcement agencies, CBI and intelligences agencies so that they can perform their duties more efficiently. These agencies also need good techno legal skills so that instead of demanding for weak encryption standards in India they may be able to deal with them in all situations.

Central bureau of investigation (CBI), India has learnt the cyber security lessons the hard way. It website has been claimed to be defaced by Pakistani crackers. It has been more than 20 days since the website of CBI was defaced. However, the initial defacement has raised a more serious issue.

The issue pertains to lack of cyber security capabilities of India in general and CBI in particular. India has been negligent in developing cyber security capabilities. Even if Indian ministers and bureaucrats talk about cyber security, it primarily pertains to website defacement.

Cyber security is a very wider and holistic concept. It has little to do with website defacement but primarily addresses the security of the entire cyberspace architecture. Surprisingly, CBI website is still offline and is down. Even the heavyweight departments like department of information and communication technology (DIT), India, national informatics centre (NIC), India, Indian computer emergency response team (CERT India), etc failed to do anything in this regard.

This has come as a severe blow to the cyber capabilities of CBI. A black spot on the otherwise good performance of CBI is lack of knowledge about techno legal issues like cyber law, cyber security, cyber forensics, etc. CBI must urgently develop cyber security and techno legal expertise.

For the time being there is no escape from the conclusion that law enforcement agencies and investigation agencies of India lack techno legal expertise in the fields like cyber law, cyber security and cyber forensics. This has drastically reduced their capabilities to solve cyber crimes through latest investigative technologies. They need good and effective training in this regard.

However, what is more worrying is the fact that even DIT, NIC and Cert India are no better situated. The website of CBI is a classic example of the same where India is hiding its lack of cyber capabilities behind the façade of security audit. After all security audit does not take months or years to finish if proper expertise is there.

This situation has created a serious threat to critical ICT infrastructure protection of India. With the present speed and efforts, Indian cyberspace is really vulnerable to all sorts of cyber attacks. India must immediately formulate an effective cyber security policy and follow the same in letter and spirit.

Telecom Policy Of India Is Anti Common Man

Department of telecommunications (DoT) India has been in controversies these days. These controversies were bound to arise due to defective, arbitrary and user unfriendly policies and strategies of DoT.

The telecom policy and respective notifications under the same, as issued by DoT from time to time, are seldom in public interest and are never for the benefit of telecom consumers. These policies are primarily drafted for the benefit of big telecom companies and self serving interests of DoT India.

Take few examples in this regard. Telemarketing nuisance is a well known fact in India. Neither DoT India nor telecom regulatory authority of India (TRAI) has done anything in this regard. Telemarketing woes and harassment would continue in India for at least five more years.

Similarly, the reverification requirements of DoT are arbitrary and anti consumer. Even if a person has deposited all her documents at the time of getting a connection, service providers like Vodafone India are harassing its users by passing the buck to DoT. If DoT does not take any action against companies like Vodafone, naturally DoT is the main culprit for harassing mobile users in India.

Another example is the number portability in India. DoT is extending the deadline for number portability in India from time to time. This gives mobiles users of India limited choice and force them to stick to their present service providers.

It seems the telecom policy of India is not at all meant for the common man. On the contrary it is harassing and troubling the common man.

Vodafone India Is Loosing Its Customers Over Reverification Issue

Vodafone India’s services are not upto the mark and its customer care services is even worst. The latest to add to the woes of Vodafone’s users is the reverification drive that has harassed many Vodafone customers. Surprisingly, even after submission of proper and complete documents, Vodafone customers are again asked to resubmit the same.

This has also damaged the reputation and trust of Vodafone and after the number portability comes into force, a dominant segment of Vodafone customers may switch to other mobile service providers.

Noted lawyer Praveen Dalal has even sent a legal notice to Vodafone India regarding its reverification process. After the legal notice, Vodafone India tried to pass the buck to department of telecommunication (DoT) India.

It seems Vodafone India has been negligent in handling the sensitive document of its users and thereby makes these users vulnerable to frauds and identity thefts.

Companies like Vodafone India are misusing the concepts of national security and public interest by citing DoT regulations. DoT has nowhere mentioned that Vodafone must dump the document submitted along with the connection and ask for them again and again.

By disconnecting user’s connections, Vodafone India is also violating the consumer laws of India and is engaging in unfair trade practices.

DoT, India must initiate an inquiry in this regard especially where the original documents submitted with Vodafone India have gone? In fact, these lost documents may pose many security related problems as well.

The matter has been brought to the knowledge of DoT Minister Mr. Kapil Sibal by Praveen Dalal and let us hope Mr. Sibal would bring some order in the otherwise unregulated world of Indian telecom sector in general and Vodafone India in particular.

Vodafone India Playing Security And National Interest Card

In this “Guest Column”, Praveen Dalal, Managing Partner of Perry4Law, shares some insights regarding the reverification drive of DoT India and service providers like Vodafone.

At last I got some insight about the “Reverification Drive” of Department of Telecommunication (DOT) India and mobile service providers like Vodafone. A person named Rahul Sindwani of Customer Care, Vodafone, finally contacted me to explain the rationale for unilateral disconnection exercise of mobile services of Vodafone India in the name of “Reverification”.

He informed that as per DOT guidelines they have instructions to disconnect all cellular connections, whose documentation is found non-complaint by the “authorities”. Now this is interesting on at least two counts. First, Vodafone has passed the buck upon DOT India for this whole mess. Secondly, who are these “Authorities” that see whether the documents in question are complaint or non complaint? Is it DOT, India or the Security and Intelligence Agencies?

It also raise an important question that if complete and proper documents in question have already been submitted at the time of getting connection, why Vodafone/DOT are again asking for the same? Without knowing who checked our documents and what deficiencies, if any, have been found by them, it is very difficult to believe the argument of DOT/Vodafone regarding lack of proper documentation. Perhaps, it is high time for a Right to Information Application (RTI Application) against DOT/Vodafone.

Vodafone also played the classic card of “Security” and “Public Interest” for this whole mess. Where is “Public Interest” in harassing law abiding and honest citizens and what “Security” purposes it is going to serve?

Meanwhile, I have once again communicated with Vodafone and asked for further details like the rationale for resubmission of documents, by whom my documents have been analysed, who are the authorities that analyses the documents, how would Vodafone indemnify the users whose documents have been misused and why should not a Consumer Case and Civil Proceeding be started against Vodafone.

I hope I would get some good, concrete and logical answers this time and not another eye wash response by Vodafone. Of course, the option of filing an RTI Application to elicit truth is always available to me.

Vodafone India Served Legal Notice For Reverification

In what seems to be a much required development, Praveen Dalal, a Supreme Court Lawyer, sent a show cause cum legal notice to Vodafone, Delhi regarding illegal and unreasonable demand for deposit of documents for reverification that have already been submitted by millions of Indians, including him.

It is also learnt that e-mail has also been sent to Minister Kapil Sibal in this regard bringing to his notice the arbitrary manner in which the entire reverification exercise is conducted by Vodafone, Delhi.

Mobile service provider like Vodafone have been using unreasonable and arm twisting techniques of disconnecting the connections of law abiding and honest users who have already submitted all the required documents at the time of getting connection.

Further, there is no assistance of any sort from Vodafone customer care that never replies back to the grievances of its users. This is definitely against the license terms and conditions that asks service providers like Vodafone to provide qualitative services to its users and resolves all their grievances and disputes.

In the past the department of telecommunications (DoT) has been too friendly with telecom companies and this is the reason why controversial issues like 2G scam took place.

DoT India must establish a procedure where the illegal and unreasonable practices adopted by telecom service providers can be analysed and curbed. Presently, the service providers have a free hand and this is a nightmare for the end users.

With Kapil Sibal as the new Minister, we can expect efficiency, transparency and accountability of telecom dealings. Although he has much more important tasks at hand, it would be a good idea if he analyses the reverification menace created by service providers like Vodafone as well.

Complaint Against Indian Department Of Telecommunications Filed At DARPG

Department of telecommunication (DoT) India has issued instructions to mobile service providers to “reverify” it pre paid connection subscribers. Even if a consumer had duly submitted relevant and complete documents at the time of pre paid connections, she is again asked to resubmit the same.

This is against the principles of good governance and is a bad policy decision as it is harassing law abiding and honest people. So far millions of connections have been disconnected due to this paranoid drive of DoT, India.

In a welcome step, Praveen Dalal, Supreme Court Lawyer, filed a complaint at DARPG against DoT/Vodafone. He has also sent a show cause cum legal notice to Vodafone.

He has maintained that this process of reverification is violating the consumer law and other laws of India. He has also raised issue of “indemnification’ in case either the previously submitted documents or newly asked documents are misused by any person.

In case of misuse, both mobile service providers like Vodafone and DoT India must be held responsible for the loss arising out of misuse of such documents.

If this drive of reverification continues, consumer cases and civil proceeding may be filed by thousands of people and this situation must be avoided by government of India. When the national litigation policy of India (NLPI) is looking forward for fewer litigation matters, bad policy decisions by DoT India may frustrate the whole purpose.

Critical ICT Infrastructure Protection In India

Critical infrastructure protection (CIP) in India (CIP in India) is an essential part of homeland security of India. Homeland security is assuming importance these days in India. However, homeland security of India needs urgent rejuvenation as the same is not up to the mark. As the concept is new, it would be fair if India take two or more years to streamline its homeland security.

Further, cyber security issues are also closely related to homeland security of India. On the front of cyber security as well India has to cover a long distance. India must develop cyber security capabilities as soon as possible.

Cyber Security and Homeland Security are in infancy stage in India, says Praveen Dalal, Managing Partner of Perry4Law and leading techno legal expert of India. Both of them are very important to preserve India’s Critical ICT Infrastructure Protection. Further, India also needs a separate Framework for Cyber Security, CIP and Homeland Security issues, suggest Praveen Dalal.

With the growing cyber threats against India like cyber terrorism, cyber warfare, cyber espionage, etc, it is very much required to have good cyber security strategy in India. India also needs to formulate suitable ICT policy covering all these crucial issues.

However, of all the requirements the most important one pertains to techno legal skill development in India. Indian government or its agencies do not have sufficient numbers of skill workforce to deal with issues like cyber law, cyber security, cyber forensics, cyber warfare, cyber terrorism, cyber espionage, etc.

We have just a single techno legal cyber security research, training and education centre (CSRTCI) in India. The CSRTCI is managed by Perry4Law Techno Legal Base (PTLB), one of the techno legal segments of Perry4Law and spearheaded by Praveen Dalal himself.

Finally, India has also not shown much interest in formulation of techno-legal crisis management plan (CMP). Although many talks in this regard have been undertaken, a concrete action in this regard is still awaiting.

Home Minister P Chidambaram must take initiative regarding cyber security, cyber forensics, cyber warfare, etc. Home Ministry is currently undertaking projects like Natgrid, CCTNS, etc and it would be a good idea to cover areas like CIP, homeland security, and CMP as well.

Police, Lawyers And Judges Training In India By PTLB

Technology related or digital issues are not popular either among the legal or among the judicial community of India. This is the reason why cyber law and cyber forensics related issues are seldom found mention in the courts. However, the future belongs to technology related disputes and their resolution.

While foreign countries are giving lots of emphasis to cyber related education and training, India is not doing enough in this regard. Crucial training areas like lifelong learning or continuing legal education (CLE) are still missing in India.

The bar council of India (BCI) is the main authority that is responsible for improving standards of legal professionals in India. Till now, BCI has not been able to materialise its objective of providing scientific and technical professional training to lawyers in India.

The problem seems to be lack of management and expertise in this regard in India. Even Law Ministry of India has not been able to contribute significantly in this direction. Although Law Minister Veerappa Moily has promised many legal and judicial reforms, yet they are still in pipeline. Till these reforms are actually implemented, legal and judicial standards in India cannot improve.

Even the law enforcement agencies of India are not aware of cyber crimes and cyber law related issues. They do not know how to deal with cyber related issues much less how to handle digital evidence. There is also lack of proper cyber law and cyber forensics training for law enforcement agencies of India.

On the other hand, other nations are working really hard in this regard. Take the example of U.S. Attorney's. The U.S. Attorney's Office has sponsored its first "Cyber Crime, Electronic Evidence, and Cyber Security Training" for local and federal law enforcement officials. The purpose of the training is to equip law enforcement agencies of US to deal with cyber crimes.

Investigation of cyber crimes, use of digital evidence and lawful search and seizure of computers is very essential for law enforcement agencies. At Perry4Law Techno Legal Base (PTLB) we provide techno legal research, training and education to law enforcement agencies, public prosecutors and lawyers, judicial officers, corporate executives, law graduates, professionals, etc.

The best part of these trainings is that they are all managed in an online environment through our “Online Platform”. Application form for the enrollment to various courses, internships 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.

Cyber Security Of India Is In Bad Shape

The recent defacement of the website of central bureau of investigation (CBI), India has once again shown the weakness of cyber security of Indian government websites. To further embarrass the situation, the website of CBI is still not operational.

However, besides the weak cyber security, India is also suffering from grossly deficient cyber law and inadequate cyber forensics capabilities. There are many reasons why Indian cyber law, cyber security and cyber forensics failed. But the prime reason for the failure of cyber law, cyber security and cyber forensics in India is lack of interest of Indian government and Parliament of India. It seems India has turned a blind eye towards these crucial issues.

Further, industrial lobbying has been weakening Indian economy and Indian national, internal and external security. Even the policy issues of cyber law, cyber security and cyber forensics have been greatly influenced by industrial lobbying to the detriment of national interest of India.

According to Praveen Dalal, Managing Partner of techno legal ICT Law Firm Perry4Law and Supreme Court Lawyer, India is not very sensitive towards cyber law, cyber security and cyber forensics requirements. The IT Act 2000 is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing Cyber Crimes in India as it is the most “Soft and Cyber Criminal Friendly Legislation” of the World. There is an urgent need to “Amend” the present Cyber Law of India and make it Robust, Effective and Stringent, suggests Praveen Dalal.

So why is there a gloomy picture of cyber law, cyber security and cyber forensics issues in India? This is because there is a lack of adequate research and training in these crucial fields. Barring few exceptional training institution, India is not good at training of its manpower in field like cyber law, cyber security and cyber forensics. Further, there is just a single techno legal cyber security research, training and educational centre in India (CSRTCI) managed by Perry4Law Techno Legal Base (PTLB).

Absence of skilled manpower leaves India vulnerable to cyber attacks including cyber terrorism, cyber warfare, cyber espionage, etc. The fact is that we are not at all prepared to tackle issues like cyber terrorism and information warfare.

The threats of cyber terrorism in India are increasing and India is not prepared to deal with the same. We are also not serious about information warfare against India. Even the critical ICT infrastructure protection in India needs special attention.

It is high time for India to consider these issues as soon as possible and come up with a good and effective cyber security policy in India.

UID Project And UIDAI Are Instrumentalities Of Social Oppression

Aadhar project of India or UID project of India is often portrayed as a tool of social inclusion. But this is just a façade. The truth is that Aadhar is a tool and instrumentality of social oppression and social exploitation of Indians.

To achieve this exploitative purpose, unique identification authority of India (UIDAI) has been established. Despite the ferocious protests by civil liberty activists, neither Aadhar project nor UIDAI are empowered by a legal framework. Even the National Identification Authority of India Bill 2010 (Bill) has failed to provide adequate safeguards against privacy violations and data breaches.

Interestingly, even if the Bill proposed by UIDAI is made an enforceable law, it still remains unconstitutional. According to Praveen Dalal, Supreme Court Lawyer and leading Techno Legal Expert of India, even if the Bill becomes an enforceable piece of Legislation, it still is vulnerable to the attacks of “Unconstitutionality”. In the absence of “Proper Laws and Adequate Safeguards”, both Aadhar Project and UIDAI would remain “Unconstitutional”, warns Praveen Dalal.

The privacy rights issues are currently pending before the Supreme Court of India. It would be a good idea to strengthen Privacy and Data Protection Laws of India by “Judicial Activism” in the absence of “Parliamentary Will”, suggest Praveen Dalal.

Behind the façade of social inclusion and welfare scheme, the naked face of Aadhar and UIDAI is very apparent. Aadhar project is an instrumentality of e-surveillance in India. Its only purpose is to serve the unlawful interests of intelligence agencies of India and law enforcement demands in India.

Let us not be fooled by the façade of social inclusion and welfare scheme and ask the government of India to enact suitable and adequate privacy and data protection laws before Aadhar is fully operational in India.

Analysis Of National Food Security Bill 2010 By Praveen Dalal

In this “Guest Column”, Mr. Praveen Dalal, Advocate Supreme Court of India and Managing Partner of Techno Legal Law Firm Perry4Law, has provided a brief overview of the “Salient Features” of the National Food Security Bill 2010.

Right to Food is not expressly mentioned as a Fundamental Right under the Constitution of India (COI). However, it is “implicit” in Articles 21, 39(a) and 47 of the COI. In fact, the Supreme Court of India (SCI) is presently dealing with this issue in PUCL v. Union of India (Writ Petition (Civil) No. 196 of 2001). Though the judgement is still awaited, interim orders have been passed from time to time by SCI in this regard.

Meanwhile to give a “Statutory Recognition” to Right to Food as well as to meet the mandates of Articles 21, 39(a) and 47 of the COI, the Government of India (GOI) has drafted the National Food Security Bill 2010. The Bill, when converted into an Act, would apply to the whole of India unless the Central Government excludes its operations under the “Prescribed Rules”.

The “Salient Features” of the Bill are as follow:

(1) Assured Food Security To BPL Families: Every BPL Family would be entitled to 25 kg foodgrains such as rice and / or wheat at subsidised issue prices fixed from time to time. Depending upon the availability, additional allocations of foodgrains may also be made at prescribed prices.

(2) Targeted Public Distribution System (TPDS): Centre and States would jointly implement a TPDS to ensure Food Security for BPL Segment. The Centre would allocate the required quantity of foodgrains to States in this regard.

The State Government may, with its own budgetary allocation and independent of the TPDS, extend benefits of similar scheme to other families not covered by the Bill.

(3) Assignment Of Responsibilities: The State Governments may further assign, by notification, specific responsibilities for implementation of TPDS to the Panchayati Raj Institutions and Urban Local Bodies.

(4) Transparency And Accountability: The Central Government and State Governments shall take necessary steps within their respective areas of responsibility to ensure accountability and transparency in the PDS. All PDS-related records are to be placed in the public domain and open to public scrutiny.

(5) Allocation By Central Government: The Central Government is responsible for Procurement, Distribution and Transportation of Foodgrains to State Governments. In case of inability to do so, it must compensate State Government(s) “Monetarily” through Central Food Security Fund.

(6) Role Of State Governments: The State Governments must implement and monitor various schemes to ensure Food Security. Regarding TPDS the State Government(s) must “Coordinate” and “Manage” all issues pertaining to actual and effective providing of Foodgrains to BPL Families.

(7) Use Of Information And Communication Technology: To make TPDS operations transparent and efficient, State Governments shall introduce use of information and communication technologies (ICT) in all TPDS transactions.

(8) Food Security Allowance: The concerned State Government shall also be responsible for making payment of food security allowance to identified BPL families in case of failure to supply in any month the entitled quantities of foodgrains to such families. Each State/Union Territory shall set up a dedicated Food Security Allowance Fund for the purpose.

(9) Vigilance Committees: For ensuring transparency in functioning of TPDS and accountability of the functionaries, every State Government shall set up a Vigilance Committee for each fair price shop. The Committee would certify monthly regarding compliance of the scheme.

(10) Redressal of Grievances: State Government shall set up effective institutional mechanisms at various levels to resolve any grievances regarding the TPDS.

(11) Social Audits: Periodic social audits of functioning of fair prices shops/TPDS and OWS shall be conducted and reports of such social audit shall be placed in the public domain as prescribed in the Rules.

(12) Penalties for Non-Compliance: Subject to the provisions of section 20, whosoever contravenes the provisions of this Act shall be liable for penalties as provided under Section 7 of the Essential Commodities Act, 1955. Notwithstanding anything contained in any Act for the time being in force, offences relating to PDS shall be cognizable.

(13) Act to have Overriding Effect: The provisions of this Act or the Schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law.

Prima Facie the Bill seems to be a good step in the right direction. However, many crucial and complicated legal issues have yet to be resolved by the Bill. Issues like transparency, accountability, e-governance and use of ICT, dispute resolution mechanism, Centre-State Coordination, actions against corrupt practices, etc are still to be incorporated in proper perspective and in greater details.

However, this exercise is a welcome step and I wish all the best and great success to this initiative.

Digital Preservation In India Needs Reforms

Digital Preservation (DP) in India has not received the attention that it deserves. There is neither a regulatory framework for the same nor is it pursued with any seriousness under the national e-governance plan (NEGP) of the department of information technology (DIT), India. In the absence of ICT policy of India, digital preservation has still to cover a long gap.

The only solace is that a national digital preservation programme (NDPP) of India has been launched by Indian government. However, the NDPP seems to have stagnated with no development happening in this regard.

The DP initiatives of India are facing many road blocks that are preventing them from materialising in India. For instance, intellectual property rights (IPRs) are commonly found conflicting with DP initiatives. Further, with the rapid advancement of technology day by day, old applications and methods are becoming obsolete. We need to upgrade them from time to time. We also need to change form of various IPRs protected works from one form to another. This sometimes results in IPRs violations.

In short, IPRs issues in the digital era and cyber space are difficult to manage and we need both good policies and laws to manage the same effectively.

According to Praveen Dalal, advocate Supreme Court of India and leading cyber law expert of India, "DP issues would become more complicated with the enactment of laws like Digital Millennium Copyright Act, 1998 (DMCA). Efforts are in the pipeline for adoption of an efficient Digital Rights Management (DRM) system in India. This seems to be a step in the direction of protecting fast-growing Indian digital entertainment and media industry. However, in the absence of good ICT Policy and effective legal framework, these initiatives may not produce the desired results, suggests Dalal.

The stagnation of the NDPP cannot be removed till the government of India takes some active steps in the direction of utilising the services of experts who are familiar with this aspect. Till now no such serious efforts have been undertaken by Indian government.

DIT India Must Be Accountable To PMO

Ever since India has associated itself with information and communication technology (ICT), it has gained a lot in terms of reputation, money, projects, etc. However, India’s dominant position has almost slipped away from its hands thanks to the corruption, lack of accountability and absence of transparency in e-governance initiatives of India. India has become technologically bankrupt due to these factors.

The department of information technology of India (DIT India) has received vast amount of autonomy, finance and powers. However, it failed to bring home the much needed expertise, results and success. The chief reason for the same is that the prime minister’s office (PMO) does not care to look into the matters, policies and laws made by the DIT India.

No time in the past the prime minister of India Dr. Manmohan Singh took any preventive and stern action against the falling standards of DIT. Being the prime minister of India, it is his primary responsibility to ensure transparency and accountability in all departments or ministries.

Some serious issues that PMO must urgently address are:

(1) Formulation of effective and sound ICT Policy of India,

(2) Formulation of effective cyber laws of India,

(3) Ensure enactment of a lawful interception law in India,

(4) Ensure enactment of privacy laws and data protection in India,

(5) Ensure good and effective cyber security and cyber forensics capabilities, etc.

These are some of the ICT related issues that the PMO must urgently consider before it is too late. Further, although the PMO is busy in many others, perhaps more important tasks, yet the situation has become so alarming that if immediate steps are not taken, PMO may have to answer some bitter questions in future.

Cyber Law Of India Requires Amendments Says Praveen Dalal

Cyber law of India is governed by information technology act 2000 (IT Act 2000). It is good step in the right direction but with passage of time it has become redundant and burdensome. Although a chance was given to the department of information technology (DIT) India yet it failed to utilise the same.

According to Praveen Dalal, Supreme Court Advocate and leading Cyber Law Specialist of India, the information technology amendment act 2008 (IT Act 2008) further diluted the criminal sanctions against cyber criminals. By making many of the cyber crimes “bailable”, the amendments have diluted the deterrent effect of the cyber law of India.

While countries all over the world are strengthening their cyber laws, India on the other hand is going in the opposite direction. What is more surprising is how Law Ministry of India in general and Veerappa Moily in particular approved such a distorted and undesirable law. By approving these damaging amendments, Law Ministry has done more harm to the cyber infrastructure of India.

So what is the solution for this undesirable position? According to Praveen Dalal the only solution seems to make proper, contemporary and relevant amendment sin the IT Act, 2000 of India. Since it is the primary responsibility of the Legislative Department of Law Ministry to update laws, the initiative must start from their side, suggests Dalal.

Google Is Playing Big Brother Role In India

Till now it is very clear that something is absolutely wrong at Google’s end. There has been growing incidences of Internet censorship in India by Google. The do not be evil policy of Google has long been considered to be unenforceable by Google. It is also a controversial policy and many people rightly and correctly consider the same to be just a slogan that is not actually acted upon by Google.

Google has been manipulating Internet search and news search by methods like declaring them “spam blogs”, removing appeared news and search results, preventing news items from appearing, allowing the search engine optimisation (SEO) people to manipulate Google’s results, etc.

Besides there are other act and omissions of Google that goes against the do not be evil policy. It seems Google is not very much interested in the privacy and anonymity of its users. Similarly, anti trust activities have also been attributed to it in the past. Google has also been sued all over the world for its data gathering activities that went far beyond wardriving.

In a trade off between civil liberties and commercial interest, Google has definitely chosen the latter. It is high time for Google to declare its priorities now so that Internet users can form a reasoned judgment before engaging with Google.

Our latest article that has been censored by Google news is titled e-governance and ICT utilisation in India. The winter session of the parliament of India is going on and it is very important to bring to its attention the policy lapses and corrupt practices adopted in India.

It is obvious that government of India would not be interested in bringing these facts before the parliament giving additional ammunition to the opposing party. However, what alliance and interest Google has in this scenario is still not understandable. Google please do not be evil.