Technology Arbitration And Mediation Centre Of India

Recently World Intellectual Property Organisation (WIPO) has revealed in a statement that cyber squatting has increased significantly. Cyber squatting is basically done through deliberately registering and using popular trade marks as domain name. Once these domain names are registered, they are offered for resale at a much higher price. The genuine trade mark holder has to either give the amount or fight the issue at courts or through arbitration or mediation.

India has no domain name protection law hence securing domain name protection in India is a very troublesome task. Further, there are very few individuals and institutions that provide domain name dispute resolution services in India.

Cyber squatting dispute resolution services in India is not very popular for the simple reason that we have neither a conducive legal framework nor suitable techno legal expertise to handle such cases. Of course, some very selective individuals and institutions provide such services in India.

Technology has also introduced a novel element to dispute resolution. Now alternative dispute resolution (ADR) services are supplemented by online dispute resolution (ODR) methods. International organisations like Internet Corporation for Assigned Names and Numbers (ICANN), United National Commission on International Trade Law (UNCITRAL), WIPO, etc are stressing upon the need of technology related dispute resolution mechanisms at regional and international level.

Technology disputes involving fields like Cyber Law, Cyber Security, Cyber Forensics, Technology Transfer, Cyber Squatting etc require Domain Specific and Highly Specialised Techno Legal Acumen, says Praveen Dalal, Managing Partner Perry4Law a New Delhi based and exclusive Techno Legal IP and ICT Law Firm of India. The future trends of International Commercial Arbitration is indicating towards Technology Related Dispute Resolution, informs Dalal.

Thus, dispute resolution of cross border technology transactions would be one of the emerging trends in international commercial arbitration in India. Further, cross border technology transactions and dispute resolution may take lots of shape and requirements. India has to do lots of hard work to capatilise these opportunities. For instance, contemporary dispute resolution methods like online dispute resolution (ODR) and e-courts are missing in India. Even the national litigation policy of India (NLPI) failed to consider ODR and e-courts as effective methods of out of court dispute resolution.

In fact, we have a single and exclusive techno legal Technology Arbitration and Mediation Centre of India (TAMCI) managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). We need more such expert institutions so that India may be a hub for technology disputes resolution. Let us wait and watch the scope and future of technology related dispute resolutions in India.

Cyber Squatting Dispute Resolution Services In India

Cyber squatting has increased significantly as per a recent statement by World Intellectual Property Organisation (WIPO). This shows the importance of domain names in today’s commercial and inter connected world.

Securing domain name protection in India is a very tedious and troublesome task as India has no domain name protection law as well as cyber squatting law. All cases of cyber squatting are dealt with under the trade mark act, 1999 of India. This is the main reason why domain name dispute resolution services in India are provided by few selective players only.

Technology has also introduced a novel element to dispute resolution. Now alternative dispute resolution (ADR) services are supplemented by online dispute resolution (ODR) methods. Technology disputes involving fields like Cyber Law, Cyber Security, Cyber Forensics, Technology Transfer, Cyber Squatting etc require Domain Specific and Highly Specialised Techno Legal Acumen, says Praveen Dalal, Managing Partner Perry4Law a New Delhi based and exclusive Techno Legal IP and ICT Law Firm of India.

However, there are very few technology related dispute resolution providers and ODR service providers in India. For instance, Perry4Law through Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal ADR and ODR service provider of India. Although ODR services are provided by a few others as well in India yet none of them, except Perry4Law and PLTB, provide techno legal ODR services in India.

These initiatives of Perry4Law and PTLB assume significance as dispute resolution of cross border technology transactions would be one of the emerging trends in international commercial arbitration in India. Further, cross border technology transactions and dispute resolution may take lots of shape and requirements. These technologies related dispute resolution services would also need techno legal expertise that very selective individuals and organisations possess.

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

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

Cyber Crime Fight Is Hampered By Lack Of Harmonisation

Cyber crime is a global menace whereas its dealing is a territorial aspect. This has resulted in inadequate and ineffective measures to fight against cyber crimes. There is no universally acceptable cyber crime treaty of the world. Further, India is also not a part of any treaty or convention on cyber crimes.

European Union (EU) has in the past tired to being international norms in this regard through the EU convention on cyber crime. However, not all countries of the world are member party to this convention. In fact Indian response to the international cyber crime treaty is somewhat indifferent.

India has its own Cyber Law in the form of Information Technology Act 2000. It is based upon the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law, informs Praveen Dalal, managing partner of Perry4Law and leading cyber law expert of India. However, India is still not a part of any International Treaty or Convention on Cyber Crimes, informs Dalal.

Indian cyber law is not upto the mark and it deserves to be repealed immediately. The IT Act 2000 was enacted more than 10 years back and since then lots of changes have taken place. Further, India has not yet formulated a cyber crime policy that can effectively deal with cyber law related issues in India.

Indian government is also planning to provide mandatory electronic governance service in India. Further, areas like mobile governance, mobile banking, etc are also being explored by India.

Indian Legal Framework and Administrative Infrastructure are not conductive for issues like Cloud Computing, E-Governance, M-Governance, Mobile Banking, etc, suggests Dalal. Before embarking upon these crucial fields, India must adopt Sound International Practices and Standards, suggest Dalal.

International community, especially European Union, must also work in the direction of formulating a Universally Acceptable Standard so that the fight against Cyber Crimes can be truly Global. Further, International Collaboration in the fields like Law Enforcement Cooperation, Cyber Security Cooperation, etc must also be undertaken, suggests Dalal.

For the time being, global cyber crime fight is hampered due to lack of harmonisation and international standards. This is causing loss and damage to all countries and none is benefited due to this void. Let us hope that international standards and norm regarding cyber crimes would be formulated very soon.

Data Protection Law In India

This is the updated version of my previous article on data protection law in India. Although data protection law in India is urgently required yet Indian government has slept over the issue. Instead of protecting the civil liberties of Indians, it has chosen the opposite method of illegal e-surveillance and eavesdropping.

Even the projects of government of India have been victim of lack of privacy and data protection safeguards in India. Recently, the proposal to establish national counter terrorism centre (NCTC) of India was rejected by Finance Ministry of India citing privacy concerns.

Similarly, the proposal to launch national intelligence grid (Natgrid) in India was recently put on hold by Cabinet Committee on Security (CCS) of India. The CCS took a clue from precautionary advice given by techno-legal experts regarding the possible political misuse and violation of civil liberties of the Indian citizens.

As a result, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders and incorporating adequate safeguards in this regard. CCS must be more proactive regarding data protection and privacy protection requirements of India.

Data protection is an important aspect of privacy rights protection and commercial expediency. On the one hand it ensures that privacy rights are respected by not divulging the sensitive information whereas on the other hand it is “must have” requirement of many business models.

Outsourcing industry relies heavily upon a sufficient and strong data protection law. In the Indian context, outsourcing industry is relying upon contractual terms as there is no dedicated data protection law in India. This is also hampering the outsourcing business to a great extent.

However, although commercial aspects of data protection can be ignored to a certain limit, this cannot be said about the constitutional requirements of privacy protection in India.

According to Praveen Dalal, a Supreme Court lawyers and leading techno legal expert of India, we have no “Dedicated” Data Protection Law in India. Even India does not have a Data Security Law and Privacy Law. This makes the sensitive information and personal details of Indian Citizens “Highly Vulnerable” to misuse, informs Dalal.

If we analyse this situation in the light of recent e-surveillance projects of Indian government, the matter becomes worst. E-surveillance projects like Aadhar/UID, national intelligence grid (Natgrid), crime and criminals tracking networks and systems (CCTNS), central monitoring system (CMS), etc are not supported by any legal framework and parliamentary oversight.

What is ironical is that Intelligence Agencies of India and Law Enforcement Agencies of India themselves are not subject to any “Parliamentary Scrutiny”, informs Praveen Dalal. Indian Government must maintain a “Balance” between National Security and Civil Liberties, suggests Dalal.

When intelligence agencies are themselves outside the purview of parliamentary oversight and there are no privacy laws, data protection laws and data security laws, we cannot trust Indian government and its agencies much. Even the phone tapping in India is done in an unconstitutional manner in India.

In this background, it becomes absolutely essential for the Supreme Court of India to interfere. A writ petition regarding protection of privacy rights of an individual is already pending before the Supreme Court of India. I hope the court would do the justice once more.

Mandatory E-Governance Services In India

Legal framework for mandatory e-governance services in India is long due. If we make e-governance service optional or discretionary, the whole purpose would be defeated. This is the reason why we need time bound and accountable e-governance based public services in India.

Keeping this objective in mind, the central government formulated the draft electronic delivery of services bill 2011 (EDS Bill 2011). The EDS Bill 2011 intends to provide delivery of government services to all citizens by electronic means by phasing out of manual delivery of services delivered by the government including matters connected therewith or incidental thereto.

The Bill if made a law would require complete overhaul of the present e-governance infrastructure and services delivery mechanism of Indian government. However, the real problem with Indian e-governance initiative is that legal framework for mandatory electronic delivery of services in India is missing, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law.

Till now there was no provision under which citizens could ask for mandatory electronic delivery of services by the government. After the Bill becomes an enforceable law, the Indian Government would be under an obligation to mandatorily provide electronic services to its citizens, opines Dalal.

To effectuate this objective, high-level delegates from all ministries will be meeting next month to decide on a cut off date to switch to total e-governance. However, before introducing it in the Parliament, each ministry will assess its readiness and accordingly fix the timelines for mandatory electronic service delivery in India. However, no department will exceed a cut off date fixed for the country.

I wish this initiative would become reality very soon.

Cyber Security Of Social Networks And Cloud Computing

Cyber security business model has been passing through a transformation phase. This is happening due to the growing pace at which technology is changing and evolving. Newer technologies and concepts are revealed on daily basis giving rise to novel cyber security challenges.

Senior executives of corporations have expressed great concerns regarding their ability to ensure enterprise security arising out of the use of social networking, mobile platforms and cloud computing model. Accessibility, use and control of data and the potential danger of having unauthorised access to confidential and proprietary information is also troubling security professionals.

Mobility, Cloud Computing, Security and Innovation have become the main issues for Cyber Security Professionals, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law. Mobility of handheld devices like cell phone has given rise to Mobile Phone Security Requirements. Similarly, Cloud Computing Security is also becoming a headache, informs Dalal. Cyber Security Requirements and Innovation Requirements of Cyber Security also need to be addressed, says Dalal.

The fact is that digital economy is expanding too fast and this is well beyond the capacities of cyber security professionals. There is an urgent need to safeguard the digital economy from cyber attacks and cyber threats.

At the same time, using concepts like cloud computing, virtualisation services, software as a service, etc also requires a cautious approach. This is more so for India that lacks data security, data protection and privacy laws.

In the absence of legal framework to protect sensitive and commercial data, self protection measures of cyber security must be more robust and effective. Cyber security of social networking sites and cloud computing environment is a challenging task and cyber security professionals must be aware of the cyber threats and must accordingly arrange their cyber security environments.

Cyber Crime Policy Of India

Cyber crime is an area that requires policy formulation at the national level. In the Indian context, there is no national cyber crimes policy of India. In fact, cyber crime policy and strategies of India is so important that the issue must be taken up by the Prime Minister’s Office (PMO) of India. The present cyber law of India is not effective and PMO must ensure a new cyber law for India.

India needs to do extensive research on the legal and policy related issues pertaining to regulation of cyber crime at the national and global levels. Although India is not a signatory to the EU Convention on Cyber Crimes yet there is no reason for it to remain aloof from International Norms and Standards, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and a Supreme Court lawyer.

India has been lax regarding policy formulation for techno legal issues. For instance, there is no cyber security policy and strategy in India, no national security policy of India, no national security and ICT policy of India, no ICT policy in India, no national ICT crisis management plan of India, etc.

In this background, it is no surprise that we have no cyber crime policy in India as well. When issues like Cyber Terrorism, Cyber Warfare, Cyber Espionage, etc are troubling India, having no Cyber Crime Policy is not a good indication, cautions Dalal.

We must urgently formulate a good and effective Techno Legal Cyber Crime Policy for India, suggests Dalal. It is for the government of India to take the initiative as sooner or later it has to adopt ICT related policies for India. The sooner these policies are adopted the better it would be for the national interest of India.

EU Convention On Cyber Crime

European Union’s Convention on Cyber Crime is the first international treaty on cyber law. The treaty endeavours to regulate cyber crimes at international level by harmonising national laws, improving cyber crimes investigative techniques and increasing cooperation among nations. The treaty came into force on 1 July 2004.

On 1 March 2006 the Additional Protocol to the Convention on Cybercrime came into force. The additional protocol requires the States to punish as a criminal offence the dissemination of racist and xenophobic material through computer systems, as well as of racist and xenophobic-motivated threats and insults.

Among other things, the convention deals with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and lawful interception.

Although the objectives of the convention are praiseworthy, they have been by and large remained unfulfilled, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. For instance, lawful interception laws are missing in most countries including India. Similarly, protecting children in cyberspace from various cyber crimes like cyber stalking, sexual abuses, etc is still an unfulfilled dream, informs Dalal. The truth is that cyberspace is still an unfriendly place for juveniles, says Dalal.

Similarly, on the front of civil liberties in cyberspace as well the convention failed to make much difference. For instance, there should be a balance between law enforcement requirements and civil liberties. However, in the name of national security, human rights are very frequently and openly violated by various nations, including India, informs Dalal.

International cyber law harmonisation is still an unfulfilled dream as various nations are not willing to cooperate in this regard. All nations have their own agendas and priorities that are preventing adoption of an internationally acceptable cyber law treaty.

Online Cyber Law Courses In India

Cyber law is one of the emerging career options. It can be pursued by computer professionals, lawyers, management students, corporate executives, etc. Cyber law is also a very important aspect of legal training and corporate management. Legal and management professionals regularly enroll for cyber law training in India these days.

Cyber due diligence requirements in banks, companies, firms, etc has also increased the scope of cyber law professionals in India. Further, cyber law professionals would also be much required for legal management system of India in future. Cyber crime professionals are also in demand for conducting cyber crime investigations in India.

The present cyber law education trends in India show that online cyber law education in India would be the norm in the near future. Cyber law education through e-learning and online mode has many advantages over the traditional learning model. Professionals from any part of the world can enroll and get good quality cyber law training and education through e-learning method.

In India, Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal online cyber law education and training provider. It provides a good combination of technical as well as legal cyber law education for various professionals.

The online platform of PTLB enables any professional from any part of the world to get enrolled and successfully complete the cyber law and other courses. Once the basic level courses are successfully undertaken, professionals can enroll for higher and specialised techno legal courses of PTLB.

However, professionals should not confine themselves to selective few courses alone. They must develop a habit of engaging in lifelong learning so that their cyber skills can be developed on a continuous basis.

Cyber law is a dedicated field and it requires good aptitude and practical skills. It cannot be practices by getting academic qualifications like diplomas etc. A person must possess practical knowledge to be a successful cyber law professional. Prospective cyber law professionals must keep this aspect in mind while choosing a cyber law education institution.

International Cyber Crime Treaty And India

Cyber law is no more confined to the limits of a nation alone. Being extra territorial in nature, the cyber law of a nation often travels far beyond the territorial jurisdictions of a nation. Realising the practical difficulties of this extra territorial nature of various cyber law, an International cyber law treaty was formulated at the international level.

However, there is no relationship between this international cyber crime treaty and India as India is not a signatory to the same. India is still governed by its distinct cyber law incorporated in the information technology act, 2000 (IT Act 2000).

Recently, efforts were made at the United Nations (UN) to adopt a “more comprehensive” and “truly global” International cyber crime treaty, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. However, the proposal was rejected by UN and till now there is no globally acceptable cyber crime treaty in existence, informs Dalal.

Even the Indian cyber law is far from perfect and it has decayed. It has been amended by the information technology amendment act 2008 (IT Act 2008) that made the sole cyber law of India a big mess. There are no stringent provisions to punish cyber criminals as almost all the cyber crimes have been made bailable by this amendment.

Presently, India is neither following a good model cyber law based upon international standards nor is legislating an effective law that can meet the challenges of contemporary digital economy.

The present cyber law of India is worst than no cyber law at all and it must be repealed as soon as possible. This is more so when India has decided not to sign any international cyber crime treaty and stick to its own domestic legislation.

Cyber Terrorism In India And Its Preparedness

Cyber terrorism in India is no more a new concept. India has been facing constant cyber security attacks. Further, cyber terrorism attacks are also common in Indian cyberspace though their execution and detection is by and large unnoticeable and undetected in India.

Cyber terrorism is becoming a big nuisance for India and India has to be technologically as well as legally sound to tackle the same. There is an emergent need to amend the cyber law of India, i.e. Information Technology Act, 2000 (IT Act, 2000) in this regard as a single provision is not sufficient as per the cyber law experts.

Even there is no national ICT crisis management plan of India that is addressing the menace of cyber terrorism in India. The critical infrastructure of India has become vulnerable due to inadequate cyber security. This vulnerability can not only be exploited by cyber criminals but also be the cyber terrorists.

Securing the critical national infrastructure of India from cyber attacks should be a priority area for India. This requires formulating a cyber security policy of India that is presently missing. Without a cyber security policy and strategy of India, the cyber security initiatives of India are directionless.

Even there is no legal framework for cyber security in India. By incorporating a few ineffective and irrelevant provisions in the IT Act 2000, Indian government thinks that it has the cyber security law in India.

In fact, cyber terrorism preparedness must be an essential part of the homeland security of India. Homeland security of India must be strengthened and in order to do so we must take care of issues like cyber law, cyber security, cyber espionage, cyber terrorism, cyber warfare, etc.

Homeland Security is in infancy stage in India, says Praveen Dalal, Managing Partner of Perry4Law and leading techno legal expert of India. Further, India also needs a separate Framework for Cyber Security, Critical Infrastructure Protection (CIP), Cyber Terrorism, Cyber Warfare, Homeland Security issues, etc suggest Praveen Dalal.

Clearly, India has not yet taken enough initiatives to tackle the menace of cyber terrorism. Lack of legislative skills seems to be the main reason why India is running short of good and effective cyber legislations.

India must urgently enact a suitable cyber security policy and homeland security that clearly demarcates its preparedness to deal with growing menace of cyber attacks and cyber terrorism activities against India.

Cyber Security Training In India

Cyber security is a highly complicated and very remunerative profession. It requires tremendous knowledge about computers, networks, computing principles and many more complex aspects.

These days every discipline has become attached to one or more other disciplines. Cyber security has also been clubbed with legal framework world over. Cyber security has essentially become techno legal in nature where it has to cater the requirements of both law and computer science.

However, there are very few techno legal institutions that can provide techno legal cyber security training and education. For instance, we have a single techno legal cyber security research, training and education centre in India. It is managed by Perry4Law and Perry4Law Techno Legal Base (PTLB). We need more such techno legal cyber security institutions in India.

PTLB and Perry4Law are providing cyber security training and education in India through their online platform. The platform also provides training regarding cyber law, cyber forensics, e-courts, etc.

Overall, the position of cyber security is not very good in India. This is mainly attributable to the absence of cyber security policy in India. In the absence of cyber security policy in India, not much attention is given to cyber security research, education and training in India.

Indian government must not only spread cyber law and cyber security awareness in India but must also work in the direction of strengthening the overall position of cyber security in India.

Securing Critical National Infrastructure From Cyber Attack

Cyber security in India has started gaining attention of Indian government. However, the cyber security initiatives of Indian government are still far from satisfactory. We do not have a cyber security policy in India that clearly stipulates the cyber security strategy of India.

Cyber security of India is also an essential part of National ICT Policy and Strategy of India. However, despite some very good suggestions by experts, India has not taken cyber security seriously. On the other hand, the International Community is focusing really hard to make cyber security an essential part of their day to day lives.

Internationally, it is an accepted fact that to ensure effective cyber security, there must be a coordinated and collaborative approach, metrics and assessment tools must be developed, an effective legal and policy framework for security must be created and the human dimension of security must be addressed.

Although there are numerous aspects of Cyber Security Policy of India yet Critical Infrastructure Protection in India is one of the most important aspects of the same, informs Praveen Dalal, leading techno legal expert of India and managing partner of New Delhi based techno legal law firm Perry4Law. The Critical National Infrastructure of India is under constant cyber attacks and India must urgently do something in this regard, informs Dalal.

Experts like Praveen Dalal also feel that India does not have strong and effective cyber laws to deal with issue pertaining to Critical Infrastructure. India is blind 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.

Thus, on all the fronts of policy, legal framework and effective cyber security initiatives, India has failed to give proper attention. In these circumstances, critical national infrastructures of India are at grave cyber security risks. They are vulnerable to cyber threats and cyber attacks. India must urgently do something in this regard as soon as possible.

Online Arbitration In India

Online arbitration in India is at its infancy stage. Online arbitration is also known as cyber arbitration in India. Online arbitration in India is not very popular because there are very few online arbitration and mediation centre in India.

Online arbitration is an essential part of the online dispute resolution (ODR) mechanism. Online dispute resolution in India is still at its initial stages. It is facing many legal and technical roadblocks in India.

Indian arbitration law is incorporated in the arbitration and conciliation act, 1996. With the passage of time, it has become necessary to amend the same. Although much talk about amending the arbitration law of India has already taken place yet no constructive actions have taken so far.

Even the cyber law of India is defective. The information technology act, 2000 is the sole cyber law of India that requires urgent repeal. Further, the national litigation policy of India (NLPI) must also be reformulated as it is not catering the requirements of e-courts and ODR in India.

On the front of research and development as well India need to work hard. We have a single techno legal e-courts training, consultancy and educational centre in India. It is managing many crucial aspects of technology and law like e-courts, ODR, digital evidencing, judges and lawyers training for e-courts and ODR, cyber law trainings, etc. This centre is managed by Perry4Law Techno Legal Base (PTLB), a techno legal segment of Perry4Law.

We need more such techno legal institution that can help in the growth and development of e-courts and ODR in India. Law Minister Veerappa Moily must urgently consider these issues so that online arbitration in India may see the light of the day.

Encryption Laws In India

Encryption is a mechanism through which the privacy, integrity and security of a communication or electronic transaction is ensured. Encryption strength is measured in terms of bits and the more bits are there the stronger is the encryption methodology used.

Encryption is an essential aspect of cyber security and secure e-commerce transactions. Despite the pressing requirements of formulating encryption laws in India, India has failed to do. Till now encryption standards and norms in India are missing.

In fact, the recent developments in India in this regard are counter production and are going in the wrong direction. For instance, in the urge to have Internet kill switch in India the government and security agencies of India are missing the real point. The truth is that e-surveillance can never be a substitute for sound and effective cyber security capabilities.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, the Information Technology Amendment Act 2008 (IT Act 2008) incorporated a single provision in the form of Section 84A for Encryption Purposes. Although the provision became applicable since 27th October 2009 yet Indian Government has slept over the issue, says Dalal. Indian Government must urgently formulate a Dedicated Encryption Policy of India, suggests Dalal.

Encryption laws and regulations in India are need of the hour. The sooner they are enacted the better it would be for the cyber security and national security of India.

Computer Forensics Training In India By PTLB

Computer forensics is a highly specialised field that requires techno legal expertise. Computer forensics is a growing field world over and India is also trying to use computer forensics for its legal and judicial purposes.

Indian legal and judicial fraternity must develop scientific temperament and technical knowledge in fields like cyber law, cyber forensics, e-discovery, digital evidencing, e-courts, etc.

However, computer forensics in India is still at nascent stage and it may take many more years before computer forensics can actually be used in India. Praveen Dalal, noted techno legal and cyber forensics specialist of India, has already written an exclusive book on techno legal aspects of cyber forensics in India. This book may go a long way in bringing actual implementation of cyber forensics in India.

At the same time we need good techno legal training and courses on computer forensics in India. India has a single techno legal cyber forensics research, training and educational institution. It is managed by Perry4Law Techno Legal Base (PTLB). The centre is providing techno legal cyber forensics education, trainings and course in India.

Registration for online education and trainings in the field of cyber forensics and other techno legal courses of PTLB can be done through its online platform. Application form for the enrollment to various courses, internships and trainings can be downloaded from here and more details about the courses of PTLB can be found here.

Computer forensics trainings are required to be undertaken by police officers, public prosecutors, lawyers, judges, etc in India. Initially, the basic level computer forensics training is enough that can subsequently be enhanced to more specialised training.

PTLB also exclusively offers online cyber law and computer forensics training to judges in India and abroad as well. This way the judiciary, especially subordinate judiciary, of India can be greatly benefited. Let us hope, that judges and lawyers in India would avail these exclusive and specialised courses and trainings of PTLB as soon as possible.

E-Discovery For Due Diligence By Banks In India

Banking sector of India is passing through a reformative phase. Lots of banking reforms are under process and Reserve Bank of India (RBI) is playing a major role in the same. Finance Minister Pranab Mukherjee has been extending his full support for banking and financial sector reforms as well.

Even in the fields of cyber law, cyber security, cyber due diligence, prevention of cyber banking frauds, etc RBI has issued many guidelines through its information technology vision document 2011-17. Some of the mandatory guidelines now require banks of India to appoint chief information officers (CIOs) and steering committees on information security at the board level at the earliest.

In the past, lack of cyber due diligence and absence of CIOs and steering committee has resulted in many cyber crimes and banking frauds. Techno legal experts like Praveen Dalal believe that if a proper cyber due diligence was at place, it could have prevented the recent fraud that was committed at the Gurgaon based branch of Citibank.

Banks in India must understand the importance of e-discovery practices, incidence response, first responder’s roles, cyber due diligence, etc. If banks have a sound e-discovery mechanism, many frauds can be anticipated and prevented before they occur.

E-discovery law in India has still to be enacted. Although India has the cyber law of India incorporated in the form of information technology act 2000 (IT Act 2000) yet it is far from being sufficient for cyber forensics and e-discovery purposes.

Government of India must immediately enact some good technology laws that can cater the requirements of present times. Presently, the IT Act, 2000 needs a complete overhaul as it is not meeting the needs of the hour.

RBI Releases Its IT Vision Document For 2011-17

The Reserve Bank of India (RBI) has recently released the Report of the High Level Committee (HLC) on the IT Vision of Reserve Bank of India 2011-2017. The HLC report includes the IT Vision document for 2011-17.

RBI has set some very ambitious objectives for itself. These include transforming itself into an information intensive knowledge organisation, harnessing human resource potential, migration to enterprise architecture for IT systems, adopting appropriate business process re-engineering, etc.

RBI has also stressed upon improving its IT governance, effective project management, evolving well defined information policies as well as information security frameworks, better vendor management and outsourcing practices.

The Vision Document suggests commercial banks to move forward from their core banking solutions to enhanced use of IT in areas like MIS, regulatory reporting, overall risk management, financial inclusion and customer relationship management.

It also dwells on possible operational risks arising out of adopting technology in the banking sector which could affect financial stability and emphasises the need for internal controls, risk mitigation systems, fraud detection / prevention and business continuity plans. However, concepts like Internet banking cannot succeed in the absence of legal framework in this regard.

According to Praveen Dalal, leading techno legal expert of India and a Supreme Court lawyer, we have no dedicated Internet Banking Law in India. Although, RBI has issued many guidelines in this regard and even our Information Technology Act, 2000 contains some indirect and implied provisions for Internet Banking yet we need a separate and dedicated law in this regard, opines Dalal.

Similarly, the present banking and other technology related legal frameworks are not conducive for mobile banking in India. We do not have a well developed e-governance infrastructure in India. Similarly, on the front of e-commerce as well, India is not much successful.

RBI will begin implementing the recommendations of the HLC shortly. However, commercial banks in India must not wait for RBI’s initiations in this regard. They must start implementing due diligence requirements as prescribed by RBI as soon as possible.

Online Training Of Judges In India

Judges in India, especially those manning the lower courts, are working really hard. At times they do not have time to even brush up their legal acumen and knowledge. Further, news laws are enacted every year by Indian Parliament and unless the judges attend some refresher course on regular basis, these legislations are not known to them.

However, nothing is more missing than the techno legal training and education of judges at all levels. Judges must be aware of not only legal aspects but also of the technical aspects as well. Laws like cyber law are a good example of techno legal field.

In India, there are very few institutions and centers that are providing techno legal trainings and educations to judges. This is because of the specialised nature of the field. Further, there is no framework for continuing legal education in India (CLE in India) or lifelong learning in India for judges or lawyers.

We have a single techno legal research, training and education centre in India. The same is managed by Perry4Law Techno Legal Base (PTLB). It is providing techno legal training and education to judges, lawyers, police officers, public prosecutors, etc in the fields like cyber law, online dispute resolution (ODR), e-courts, cyber forensics, digital evidencing, etc.

To provide flexibility and extensive cyber law training in India, PTLB has also launched an online platform. The online platform of PTLB allows a lawyer, judge, law enforcement officer corporate executive, etc to sharpen their techno legal skills even at the comfort of their home, offices, chambers or corporate room.

Application form for the enrollment to various courses, internships and trainings can be downloaded from here.

In order to get enrolled, 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.

For lawyers and judges, PTLB has launched a separate platform known as Online Lawyers and Judges Training and Educational Centre of India. In short, it is known as Bar & Bench Training Blog that provides meaningful insight to not only lawyers and judges of India but also world wide.

Judges in India need to enroll to such courses as they must upgrade their concepts on regular basis. Further, the legal education policy of India must also incorporate the model suggested by PTLB. Law Minister Veerappa Moily has been taking many good steps for legal and judicial reforms in India and CLE of judges should be a part of the same.

Can Google Defeat Content Farms And Splogs?

Google has finally done something that justifies its reputation and capabilities. It has come heavily upon content farming sites and splogs. By removing content farming sites and splogs and by placing low quality and contents scrapping sites at very low search level, Google is going to make its search results more relevant and meaningful.

However, not everything is in order at Google to achieve this purpose. Firstly, copyright violation and plagiarism is abundant not only on personal domains but also upon Google’s platforms like Blogspot. Google does not have a stringent policy against these offenders.

In fact, Google’s policies, especially online advertisements like Adsence, are going against original contents providers and in favour of copyright violators. The DMCA procedure of Google for redressing copyright violations is not only cumbersome and ineffective, but is also favouring contents infringers. To a greater extent it also appears that through Adsence program, Google is actively encouraging content farming, splogs and copyright violations.

Secondly, although the tweaking of search algorithm by Google has already shown improvements in Google search results, yet indexing of new articles has become very slow. This is especially true for those sites that have submitted an application for inclusion in Google news. If the articles are not indexed properly, others pick up the same and their duplicate contents appear first on the search results.

Respecting the intellectual property rights, especially copyright, of the original contents providers and awarding them with the search place they deserve at Google would benefit both Google and the original contents providers.

Presently, nothing like this is happening and Google’s claims of better search results and respecting original content provider’s interest is still not achievable. Google must put in place a system that is more responsive and friendly for original contents providers. This system must be such that spam reports must be immediately redressed and copyright violations that are apparently and patently visible must be urgently taken care of.

For the time being, content farming sites, splogs and copyright violators are defeating Google and other search engines are encashing upon this fact. I hope Google would seriously deliberate upon these aspects.

Reasons For Failures Of E-Governance In India?

E-governance in India has by and large a failure. This is because of the poor policy decisions taken by Indian government. There is too much stress upon procurement as opposed to management. India has to accept that computerization of traditional governmental and public functions are not e-governance. We have to empower the citizens with the power of ICT.

Information and Communication Technology (ICT) has become an indispensable part of our daily life. It has the potential to streamline procedures, inculcate discipline among workforce, and bring transparency and accountability and reduction of costs. The benefits are tremendous provided we have the will, insight and knowledge to use it.

E-governance in India is in its infancy stage. The National E-Governance Plan (NEGP) is the umbrella under which all e-governance initiatives are taking place. However, there are very few successful and completed e-governance initiatives like MCA21 in India. Whether it is e-courts, e-readiness, legal enablement of ICT systems, e-gazette, e-commerce etc none are even close to success. So where lies the problem?

Firstly, there seems to be lack of insight among the policy-makers. The ICT polices and strategies of India are not covering the e-governance aspects at the national level. No political party ever considers e-governance as an important part of their political agenda before elections. Even commodities like onion and potatoes find place in national debates but not e-governance.

Secondly, there is too much stress upon procurement as opposed to management. India has to accept that computeristion of traditional governmental and public functions are not e-governance. We have to empower the citizens with the power of ICT. We have to make the governmental services user-friendly as well as productive and easy.

Thirdly, there is lack of transparency in governmental dealing and in the absence of the same e-governance is just paperwork. In India, we have the Right to Information Act, 2005 but the same has been a failure in India. The public information officers keep on denying the relevant information on flimsy grounds.

In exceptional cases, citizens may get some information but by and large very few people get the information.

Fourthly, accountability among governmental officers is missing. There is no mechanism through which we can punish a wrong doer for his violations and negligence. This results in a casual attitude towards public good and e-governance. If we fix accountability and time-bound progress requirements then a lot of problems can be solved.

Fifthly, public participation in both policy making and governmental decisions is missing. If we get the opinion of those who are somehow surviving at the grassroots level we can solve the majority of our problems. However, the fact is that grassroots level problems are never solved.

The induction of information technology into governance, especially at the rural level, is not an easy task due to unstructured nature of rural development, low literacy levels and reluctance to adopt information technology. Regional disparities which were already glaring in poverty, employment generation, literacy are widening further. E-governance will be successful only if we start to undertake due efforts to implement it in all blocks and districts and spread it to the grass root level.

Being the largest democratic country, India must show an example to other in this context. But in last many years we have not seen the efficiency of public servants, who are supposed to be the some of the best brain of India. For attaining developed status our public service system must work in a better way. Citizen must participate in various activities, if we really want to see India as a developed nation. Public service must be strengthened in India in true spirit, if we want to become to become a developed nation in near future.

India Should Take Cyber Forensics Seriously

It is no secret that criminals are using information technology for various nefarious activities in India. It has become very important for law enforcement agencies, security agencies and legal and judicial members of India to understand technology.

Police force plays an important role in maintaining law and order in the society. Police force is also the first level of interaction that brings together cyber crimes, high tech crimes and terrorist activities and investigation techniques. Thus, police force must be well versed with and must have sufficient training for cyber law and cyber forensics issues.

When cyber criminals and terrorists are using technology, police force and security agencies of India cannot afford to be indifferent towards the same. India has limited cyber forensics laboratories and they are already overburdened. This results in a backlog of cyber forensics investigations and crucial evidence cannot be produced before the courts at appropriate time.

Further, there is also an urgent need to have good cyber forensics research and training institutions in India. Presently, we have a single techno legal cyber forensics research, training and education centre in India. It is managed by Perry4Law Techno Legal Base (PTLB).

Home ministry of India must consider an active use of cyber forensics for effective fulfillment of its duties. The present initiatives of home ministry are far lesser than the required one. Cyber forensics is a very crucial and important field and India must appreciate its importance as soon as possible.

National Security Policy Of India Is Required

National security is very important for any nation including India. However, the term national security is also the most controversial and vague one. This has been deliberately done so that the card of national security can be played anytime to suppress civil liberties.

In the year 2008 letters regarding "constitutionality" of the proposed information technology (Amendment) Bill, 2008 (IT Act 2008) and National Security Policy of India have been sent by Praveen Dalal, Managing Partner of Perry4Law, to the Prime Minister of India (Dr Manmohan Singh), President of India, Parliament Members (Lok Sabha and Rajya Sabha), Government of India (GOI), Department of Information Technology (DIT), Department of Science and Technology (DST), CERT-IN, etc.

However, not only the IT Act 2008 was passed but it expressly incorporated certain unconstitutional provisions regarding Internet censorship, website blocking, e-surveillance, etc. The result is that civil liberties are blatantly violated in India through e-surveillance, unlawful interceptions, illegal phone tappings, etc.

Had the suggestions of Praveen Dalal accepted by our Prime Minister in the year 2008 itself, lots of troubles could have been avoided. Once again he has suggested for the enactment of a lawful interception law in India.

The first and foremost requirement in this regard is to repeal the unconstitutional cyber law of India and Indian Telegraph Act, 1885 and enact constitutionally sound lawful interception laws in India.

Further, the Cabinet Committee on Security (CCS) of India must clearly lay down what constitutes national security. CCS has to play a pro active role in this regard. This problem can be solve if the CCS works in the direction of making a suitable and constitutionally sound national security policy of India.

Let us hope that the CCS would accept the suggestions of experts this time and would come up with a national security policy of India very soon.

Cyber Law Of India Has Decayed

Cyber law of India is one of the most important laws. However, it has never been given any importance. Cyber law of India is incorporated in information technology act, 2000 (IT Act, 2000) that was amended in 2008. However, the cyber law of India has been decayed to such an extent that it needs an urgent repeal.

India urgently needs some good technology related laws. For instance, we do not have cyber security, cyber forensics, lawful interception, privacy laws, data security laws, data protection laws, etc in India.

The ministry of communication and information technology (MCIT) never bothered to give cyber law of India any strength and effectiveness. This is the reason why prime minister’s office (PMO) must interfere and do something in this regard.

In fact, the matter is so important that it deserves the attention of cabinet committee on security (CCS) of India. Cyber law of India covers many issues that are related to other projects as well. These projects are presently supervised by CCS and it would be a good idea if cyber law, cyber security and cyber forensics are also made part of the same.

MCIT has been in controversies for corruption and bad policies. It has also been too soft towards and too submissive to the industrial lobbying that never allowed a strong cyber law for India. Let us hope our honest and upright Prime Minister Dr. Manmohan Singh would take cyber law of India seriously.

Google Search Algorithm Has Improved But Is Slow

Google’s search algorithm has improved to a considerable extent and it shows results that are difficult to find in other search engines like Yahoo, Bing and DuckDuckGo. However, Google’s web indexing has been affected badly due to these recent changes.

Previously, Google has to take care of a bug in its indexing mechanism that showed different and incorrect results. While the bug has been remedied yet posts are still not indexed and appearing properly. At times posts are indexed only after two or more days and are kept in abeyance till that time.

Further, Google has taken a good step by removing Splogs that have clogged its results. Still much has to be done regarding Blackhat search engine optimisation (SEO) techniques.

However, there is an issue that requires immediate attention of Google. Sites that are posting contents of others are finding a place in Google search engine’s first page and original posts even do not appear in the same. Many of our posts have been picked by other sites and they are appearing on front pages whereas our posts are either dumped somewhere deep or do not even exist.

This is also due to the fact that if an article has been put in a black hole by Google and is not indexed for two or more days, others who are following the Blog would post the same and their article would be indexed rather than the original one.

While Google is working in the direction of improving search results and better user experiences and expectations yet Splogs and Content Farming sites are still winning the game.