Cyber Law Lawyers In India

Information and communication technology (ICT) is a field that requires good working knowledge about technology. If we add legal issues to it, ICT dealings become techno legal in nature. This techno legal nature of laws like cyber law and fields like cyber forensics, cyber security, etc poses big challenge for legal fraternity world wide.

For instance, we have very few cyber law firms in India. There are a few law firms for cyber law in New Delhi India that are providing cyber law due diligence services in Delhi, India. In fact, these law firms are giving cyber law a new shape in India. We would need many good cyber law lawyers and law firms in India in near future.

Perry4Law is the exclusive techno legal cyber law firm in New Delhi, India and world wide that is internationally renowned in the fields like cyber law, cyber security, cyber forensics, etc. Perry4Law’s Techno Legal Base (PTLB) further strengthens the techno legal expertise of Perry4Law.

Although cyber security as a legal field has been acknowledged by foreign lawyers and law firms yet cyber security law firms in India or cyber security lawyers in India are still missing. In fact, Perry4Law is the exclusive cyber security law firm in New Delhi, India.

Of late, young lawyers have started to explore career in areas like cyber law and intellectual property rights (IPRs). Traditional litigation fields like civil and criminal laws are not attracting them any more.

However, making a career in cyber law is not an easy task. These young lawyers need to ensure cyber skills development so that they can effectively manage the technical aspects of cyber law. PTLB is providing the exclusive techno legal e-learning in India for various stakeholders, including young lawyers.

With the growth of online cyber law education in India, cyber law as a career for young lawyers is going to be top choice. Those seeking career in cyber law must ensure that they invest in practical trainings and not theoretical knowledge. If you wish to be a good ICT and cyber law lawyer in India, start acquainting yourself with practical aspects of cyber law.

Source: Techno Legal Journalists.

Structuring Of Investments In Indian E-Commerce Businesses

The structuring of investments in e-commerce businesses in India is a tricky issue. Many e-commerce players like Flipkart and Bharti Walmart are already facing investigation for violation of India laws including these pertaining to foreign direct investment (FDI) violations, market access norms violations, industry lobbying, etc.

FDI in wholesale trading and e-commerce sectors of India under consolidated FDI policy of India 2012 was given a major boost by Indian government. Even the parliament of India recently approved FDI in e-commerce sector of India.

While structuring of investments in e-commerce business in India both national and global financer, investors and private equity players must keep in mind the techno legal requirements of India. In case of doubt they may seek the techno legal services of Perry4Law and similar law firms.

See Techno Legal News for more.

Are Indian And International E-Commerce Players Flouting Indian Laws?

Amid strong protests raised at the parliament of India by the opposition party, the Indian government has ordered an investigation into the alleged Walmart lobbying issue. This raises a genuine question: are Indian and international e-commerce players flouting Indian laws?

Perry4Law has already shared a legal research report regarding business structuring of e-commerce in India. It seems Indian e-commerce, FDI regulations and cyber due diligence are not complied with by various national and international e-commerce players as on date.

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian and International E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

See Probe Against Walmart In India Ordered For Market Access Lobbying for more.

Indian E-Commerce, FDI Regulations And Cyber Due Diligence

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

For a legal e-commerce business in India, the e-commerce businesses structuring in India must be done with due regard to applicable laws of India. The legal research report by Perry4Law for business structuring of e-commerce in India has given a special emphasis to techno legal compliances for that e-commerce players of India must follow.

For instance, Cyber Law Due Diligence in India and Cyber Due Diligence for Indian Companies are equally applicable to E-Commerce Players of India, suggests Dalal. There is a general Apathy among E-Commerce Players of India towards complying with these Statutory Requirements, opines Dalal.

See Cjnews India for more.

Business Structuring Of E-Commerce In India: Legal Research Report By Perry4Law

E-commerce businesses structuring in India is the latest concept in India. Thanks to the flourishing usage of information and communication technology (ICT) in India, e-commerce entrepreneurs have started exploring this avenue. However, practical difficulties and legal hassles are still troubling Indian e-commerce players. In this very useful techno legal research report made by Perry4Law, it has shared the techno legal aspects of e-commerce rules and regulations of India.

See Cjnews India for more.

E-Commerce Businesses Structuring In India By Perry4Law

In this techno legal research report made by Perry4Law, India’s exclusive techno legal ICT and e-commerce law firm of India, it has shared the techno legal aspects of e-commerce rules and regulations of India.

Some of the vexing legal issues surrounding e-commerce business setup and structuring in India include areas like pharmaceuticals, online shopping, online pharmacies trading in banned drugs, electronic trading of medical drugs, digital communication channels for drugs and healthcare products in India, e-commerce dispute resolution, online dispute resolution for cross border e-commerce transactions, e-health laws and regulations in India, etc.

About Perry4Law

Perry4Law is the Exclusive Techno Legal Corporate, IP And ICT Law Firm of India that is providing domain specific services on Corporate, IP and ICT matters such as Banking and Finance, Business Setup, Corporate and Commercial Advisory, etc. See Perry4Law’s Services for more details.

See Cjnews India for more.

Cyber Law In India For Facebook And Google

Facebook and Google are Internet intermediaries within the meaning of cyber law of India. As internet intermediaries, Facebook and Google are required to comply with various national and international laws.

Internet intermediaries in India are required to follow certain due diligence requirements under the cyber law of India incorporated in the information technology act, 2000 (IT Act 2000). If they fail to observe such cyber due diligence, the safe harbour protection available under the IT Act 2000 is lost.

While pre screening of contents and expecting Internet intermediaries like Google, Facebook, Microsoft, Yahoo, YouTube, Linkedin, etc to keep a vigil watch upon the Internet is simply unreasonable and unrealistic yet asking Internet intermediaries to block or remove offending contents, after they have been duly notified in this regard, is a genuine need and reasonable demand.

Such removal or non removal of objectionable and offending contents cannot be considered to be right or wrong as per Internet intermediaries or Indian government’s viewpoint. Rather an independent analysis of the same must be made by courts keeping in mind the facts and applicable laws.

Further, there must be uniformity in application of Indian laws to all in similar situations. If there is a discrimination against foreign companies and favour for domestic companies, this undermines the confidence and trust of online community world over. For instance, recently Reliance and Airtel blocked websites in India whose legality is still doubtful. Department of information technology (DIT) must investigate such blocking in order to rule out favoritism for domestic companies.

It has also been reported that social media websites users in other states of India are planning to engage in legal battles in such states to access any blockage of such websites. Legally they can do so but in the long run such a move would be counter productive.

In the past, the argument of being a subsidiary has kicked back and now the parent company has to face the trial. Even if the subsidiaries are exempted from any criminal liability, the liability of parent company is now emerging as an even bigger issue. Let us see how Indian Courts would decide these cases.

Indian Crisis Management Plan For Cyber Attacks And Cyber Terrorism

Crisis management plan of India is one of the most important policy requirements. This is so because the threats of cyber attacks, cyber espionage and cyber terrorism are looming large at India. India needs to understand the seriousness of cyber attacks upon its critical infrastructures and cyberspace. To start with, India must formulate a crisis management plan to tackle cyber attacks, cyber terrorism and cyber espionage attempts.

Crisis management plan (CMP) is a measure of readiness to meet uncertainties and future risks and accidents. If we have a good crisis management plan at place, we can minimise the damage and harm to maximum possible extent.

CMP pertaining to information and communication technology (ICT) is an essential part of national ICT policy of India. The other parts of national ICT policy of India are cyber security policy of India, critical infrastructure protection policy of India, critical national infrastructure protection policy of India from cyber attacks, national security policy of India, etc.

Similarly, we must also formulate a cyber security policy for India. With more and more networks and computers are now connected with public utilities and essential public services, cyber security assumes great significance these days. India is also looking forward for mandatory electronic delivery of services. This would increase the risks of cyber attacks upon crucial public delivery systems of India.

The government of India has issues certain guidelines to safeguard Indian cyberspace. According to these guidelines no sensitive information is to be stored on the systems that are connected to Internet. The Government has also claimed to have formulated Crisis Management Plan for countering cyber attacks and cyber terrorism for implementation by all Ministries/ Departments of Central Government, State Governments and their organizations and critical sectors.

The organisations operating critical information infrastructure have been advised to implement information security management practices based on International Standard ISO 27001. Ministries and Departments have been further advised to carry out their IT systems audit regularly to ensure robustness of their systems. Ministry of External Affairs has also issued a comprehensive set of IT security instructions for all users of MEA and periodically updates them on vulnerabilities.

Although the steps taken by Indian government are praiseworthy, they are not sufficient to ward off the sophisticated cyber attacks. The practical implementation of the crisis management plan of India is still missing. With a beginning already taken place, it needs a political will to give it a final shape and help it to reach its final destination.

Source: Cjnews India.

Unconstitutional And Illegal Biometrics Collection Laws And Practices In India

India is passing through one of the “Most Dangerous Periods” for Civil Liberties and Human Rights Protections. No time in the past Indian Citizens were so “Vulnerable” to Human Rights Violations and blatant violation of their Fundamental Rights.

The Constitution of India has conferred many Fundamental Rights upon Indian Citizens and Persons. However, Indian Government is acting in clear “Derogation” of these Fundamental Rights and Human Rights.

Article 21 of Indian Constitution confers Privacy Rights in India to all. Similarly, Article 21 also confers Right to Life and Liberty to all that cannot be taken away except by “Due Process of Law”. Articles 14, 19 and 21 collectively protect against “Arbitrary and Unconstitutional State Actions”.

Despite all these “Protections and Rights” we have Authorities like Unique Identification Authority of India (UIDAI) that is not governed by any Law whatsoever. Similarly, we have provisions pertaining to National Population Register (NPR) of India that are clearly “Unconstitutional”.

We have no dedicated Data Protection Laws in India, Data Security Laws in India, Cyber Security Laws in India, etc. Even the Cyber Law of India, incorporated in the Information Technology Act, 2000 (IT Act 2000), is an “Endemic E-Surveillance Enabling Law” that requires urgent “Repeal”.

Cyber Security in India is also in bad shape and even the Supreme Court of India has chided Indian Government to boost up its Cyber Security to protect National Security of India. National Security and Right to Information in India are on “Crossroads” where the “National Security Card” is very frequently played by Indian Government to deny “Legitimate and Eligible Information” to Indian Citizens.

In all this “Political and Legislative Mess” we have a “Bonus” for Indian Government as well. The Parliamentary Oversight of Intelligence Agencies of India is missing and they are “Not Accountable” to any “Legislative and Parliamentary Scrutiny”.  Intelligence related Projects like National Intelligence Grid (NATGRID), Central Monitoring System (CMS) of India, proposed National Counter Terrorism Centre (NCTC) of India, etc have no Parliamentary Approval and Oversight.  

There is no second opinion that collection of “Highly Sensitive Biometric Details” by any Governmental Agency or Authority in such circumstances is not only “Unconstitutional” but is also “Highly Risky” for Life and Liberty of Indian Citizens/Persons. In fact, collection of Biometric Details by UIDAI and NPR are clearly “Unconstitutional and Illegal” and Indian Citizens and Residents can “Refuse” to provide the same no matter what these Authorities and Laws say.

Human Rights Protection in India is at its nadir. Similarly, Civil Liberties Protection in Indian Cyberspace is in doldrums. If we keep on succumbing to the “Pressure Tactics” of Indian Government, the day would be not far when Indian Government would have complete control over our “Body and Soul”.

Source: Human Rights Protection In Cyberspace.

Techno Legal Thoughts

I have started a new blog titled Techno Legal Thoughts that would discuss issues like cyber law, cyber forensics, cyber security, trainings and education, cyber threats and cyber attacks, etc.

The purpose of this blog is to share short and contemporary techno legal issues from around the globe. I am also expecting that my colleagues from other platforms would also join me in this endeavour.

Kindly visit Techno Legal Thoughts for more details.

Cyber Security In India

We have still to manage complex issues like cyber warfare against India and its defenses, cyber terrorism against India and its defences and solutions, cyber espionage against India and its challenges, solutions and defences, data security laws in India, critical infrastructure protection in India, cyber security laws in India, etc.

PTLB is managing the exclusive techno legal cyber security research and development centre of India, national cyber security database of India (NCSDI), cyber crimes investigation centre of India, cyber forensics research and development centre of India, centre of excellence for cyber security research and development in India (CECSRDI), etc.

See Centre Of Excellence For Cyber Security Research And Development In India (CECSRDI) for more.

India's Proposal On International Telecommunications Regulation (ITRs)

So what should be India’s stand during the forthcoming World Conference on International Telecommunications (WCIT) to be held in Dubai next month?

Important issues like Cyber Security, Cyber Forensics, E-Surveillance, Human Rights Protection in Cyberspace, International Cyber Crime Investigation Support, etc must be essential part of the proposed ITRs, suggests Praveen Dalal, managing partner of Perry4Law and CEO of PTLB.

PTLB has launched many effective and dedicated initiatives and projects that would help in achieving the objectives of ITU in general and ITRs in particular. For instance, projects like national cyber security database of India (NCSDI), cyber security research and development centre of India (CSRDCI), cyber forensics research and development centre of India, cyber crimes investigation centre of India, etc are on the lines that ITU has been projecting for long.

See Cjnews India for more.

Indian Cyber Security: Are We Secured Enough?

We must stress upon Acceptable International ICT Policies and Strategies while keeping in mind the Golden Principle that National Security and Human Rights Must Be Reconciled in India and World wide, opines Praveen Dalal managing partner of Perry4Law and CEO of PTLB.

See Cjnews India for more.

International Telecommunications Regulations (ITRs) And Indian Response

The cyber law of India, incorporated as the information technology act, 2000 (IT Act 2000), has already crossed the limits of constitutionality and reasonableness. In fact, Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, has already shown his dissatisfaction with the proposed IT Act 2008 amendments in the year 2008 itself. Some have even suggested that the cyber law of India should be repealed.

See Cjnews India for more.

User ID De-Activation Form- E- Court

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a user, you can download the user id de-activation form- e- court fees payment for judicial purposes.

See Legal Enablement Of ICT Systems In India for more.

User ID Creation Form For ACC- E Courts

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a user, you can download the user id creation form for ACC- E- court fees payment for judicial purposes.

See Legal Enablement Of ICT Systems In India for more.

Application Form For E-Court Officials

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a court official, you can download the application form for court officials-e- court fees payment for judicial purposes.

See Legal Enablement Of ICT Systems In India for more.

Is Google Playing Stupid Or Is IT Actually Stupid?

Of late, Google has started playing ignorant and stupid while handing DMCA complaints. Google is removing the contents of copyright holders and DMCA notice sender instead of the infringer’s posts/search results.

There are many reasons for censoring and manipulation of SERPS, news and blog results by Google.  Further, there are methods that Google uses to filter, manipulate and censor contents.

Google has once again removed the original and copyrighted article instead of removing the copyright infringing material. Our article titled “Cyber Security Capabilities of India Must be Strengthened” has been shifted to draft folder by ignorant employees of Google.

See Websites,Blogs And News Censorship By Google And India for more.

E- Courts Fees Payments For Judicial Purposes In New Delhi India

Most of you may be already well aware that the concepts of e-courts in India and online dispute resolution (ODR) in India are still not adopted in a full fledged manner by Indian government. Of course, private players like Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been managing the elite techno legal e-courts consultancy and training centre of India that is the exclusive initiative of its kind in India.

Now the Government of NCT of Delhi will be implementing e- court fees for judicial purposes. E-court fees is an Internet based application that may give the payer convenience of paying court fees without the hassles involved in obtaining physical judicial stamps.

The downloadable forms in this regard are available at:

(1) Application form for court officials,

(2) User id creation form for acc,

(3) User id de-activation form.

Google Is Playing Stupid And Is Winning Too

In this shocking report titled “Is Google Playing Stupid Or Is It Actually Stupid?”, it has been revealed that Google is deliberately deleting the original and copyrighted articles instead of the infringing material.

The report also claims that Google is deliberately playing stupid to harass copyright holders and law abiding people and is giving illegal and unreasonable advantage to the copyright violators.

Clearly, don’t be evil concept of Google has already perished and all that Google is doing is engaging in unethical activities to safeguard its own commercial and other interests.

Cyber Law Of India Should Be Repealed

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and CEO of PTLB, IT Act 2000 is more on the side of a collection of “Legal Jargon” than a Law as contemplated by the Constitution of India.

With the Information Technology Amendment Act, 2008 (IT Act 2008), even this Legal Jargon has become a “Legal Nuisance”. The net effect of the IT Act 2008 was that Indian Cyber Law ceased to be a “Reasonable and Constitutional Law”.

Now the only proper course that is left for Indian Government in general and Parliament of India in particular is to “Repeal” the Cyber Law of India and come up with a Decent, Sensible and Constitutional Law.

See ICTPS Blog for more.

Electronic Courts In India

Implementation of Information and Communication Technology (ICT) in Indian Judiciary and in Indian Courts needs rejuvenation. The successful use of e-governance for Indian e-judiciary model requires a techno-legal e-court framework. We need ICT Training and e-courts training for Indian Judicial System as soon as possible. Further, electronic courts in India must also be supported by active use of online dispute resolution (ODR) in India to reduce backlog of cases. Legal enablement of ICT systems in India is need of the hour.

Source: Legal Enablement Of ICT Systems In India for more.

E-Courts Consultancy And Training Centre Of In India

Establishment and operation of E-Courts require Techno Legal expertise. At Perry4Law, PTLB and PTLITC we take care of the Techno Legal challenges of E-Courts establishment in India and globally.

See E-Courts Consultancy And Training Centre Of In India for more.

Techno Legal Database Of Cyber And Information Security Professionals Of India

National Cyber Security Database of India (NCSDI) is an initiative by Perry4Law Techno Legal Base (PTLB) to strengthen the Cyber Security Capabilities of India. Our aim is to constitute a Techno Legal Cyber Security Database of India. This Database would work in the direction of fighting against Cyber Threats and Cyber Attacks including Cyber Terrorism Against India, Cyber Warfare Against India, Cyber Espionage Against India, Critical Infrastructure Protection in India, Managing India’s Cyber Security Problems, Issues and Challenges, etc.

See Database Of Cyber Security Professionals In India for more.

Cyber Security Research And Development Centre Of India (CSRDCI)

If you are interested in Techno Legal Cyber Security Issues of India and World Wide, this is the right place to start with. This Platform and Website is managed by Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC). This Website is also trying to Consolidate the Cyber Security Initiatives and Projects of PTLB at a single place.

See Centre of Excellence For Cyber Security Research And Development In India for more.