Social Media And Foreign Websites Must Be Made Amenable To Indian Laws- Praveen Dalal

Social media websites like Facebook, Linkedin, Twitters etc and foreign technology companies like Google, Yahoo, Microsoft etc have been operating under the Laws of their jurisdiction i.e. United States. These websites openly deny to be regulated by Indian Laws even though they have significant commercial and business interests in India. Some of them have even subsidiary companies in India but despite this fact Indian Government has failed to regulate them effectively, says Praveen Dalal, managing partner of Perry4Law and the leading techno legal expert of Asia.

These companies can take Indian Laws for granted because Indian Government has not deemed it appropriate to make them Accountable and Amendable to Indian Laws, opines Dalal. However, things may change in the near future. Initially, it was suggested that Internet telephony and VOIP service providers must establish servers in India.

Now the Central Government is working on the formulation of the E-Mail Policy of India. It is contemplating banning private e-mail service providers like G-mail and Yahoo for government communication purposes. Even an advisory by Maharashtra government to use official e-mails, Indian cloud based services, routing traffic through NIXI and section 43 A compliance checks has been issued.

However, G-mail must be banned in India for even private communications as it abets and encourages the commission of cyber crimes in India. Google is openly violating the laws of India by using the façade of conflict of laws and Indian government is taking Google lightly. We need to have techno legal framework in India so that companies like Google cannot take Indian laws for a ride. We also need such techno legal framework so that child pornography can be curbed to the maximum possible extent in India, opines Dalal.

All subsidiary/joint ventures companies in India, especially those dealing in information technology and online environment, must mandatorily establish a Server in India. Otherwise, such companies and their websites should not be allowed to operate in India. A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India. More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites, opines Dalal.

It is high time for Indian government to consider these recommendations as further delay would not be conducive for the cyberspace environment of India.

Child Pornography In India Needs Serious Attention Of Indian Government Says Perry4Law

Child pornography in India needs to be seriously addressed says Perry4Law, the exclusive techno legal law firm of India.  With growing cases of cyber stalking in India there is an urgent need to draft stringent laws against child pornography in India. Nothing short of a robust techno legal framework would work for India in these circumstances opines Perry4Law.

Child pornography in India is becoming a big nuisance despite stringent laws in this regard. The cyber law of India prescribes stringent punishment for uploading and viewing child pornography in India. An Advisory by Home Ministry of India on Preventing and Combating Cyber Crime against Children in India has also been issued.

However, despite all these efforts, child pornography in India is increasing and protecting children in cyberspace has become a daunting task. Recently Interpol helped India in tracking child porn surfers as tracing such cyber criminals requires techno legal expertise at multiple levels and various jurisdictions.

Law enforcement agencies and other involved in fighting against child pornography and pedophiles are working as undercover agents and by communicating with sexual predators through online mediums. One such experiment was recently conducted by a Dutch organisation for children’s rights that identified more than 1,000 sexual predators after creating a computer generated Filipino girl named “Sweetie” to entice them into asking for child porn.

The Dutch chapter of the group Terre des Hommes (TDH) created the 10-year-old girl and then posed as her on Internet chat rooms to conduct a sting operation to unmask webcam child- sex tourists. They were quickly approached by more than 20,000 predators from 71 countries, and on Monday, they gave the identities of 1,000 of these alleged predators to Interpol. The top country of origin for the adults identified was the United States with 254, followed by Britain with 110 and India with 103.

However, not everybody can be identified and prosecuted so easily. Cyber criminals may be scattered in various parts of the world. These cyber criminals may also be using e-mail services of companies like Google whose Gmail does not provide the source of the communication.

Google is very fussy about providing information about cyber criminals even if there are clear cases of doing so. Although the Delhi High Court is presently hearing a case that would scrutinise the e-mail policy of India yet G-mail should be banned in India not only for governmental purposes but otherwise as well as G-mail abets and encourages commission of cyber crimes and cyber contraventions in India.

Google is openly violating the laws of India and Indian government is taking Google lightly. We need to have techno legal framework in India so that companies like Google cannot take Indian laws for a ride. We also need such techno legal framework so that child pornography can be curbed to the maximum possible extent in India.

G-Mail Is Violating Indian Cyber Law And May Be Banned In India

Indian government has ignored the importance of regulating the e-mail environment for long. Now it is facing a situation where the e-mail service providers located in foreign jurisdictions are taking Indian laws for granted. Some of these e-mail service providers are actually abetting and encouraging commission of cyber crimes and cyber contraventions as prescribed by the Information Technology Act, 2000 that is the cyber law of India.

Indian government is taking Google lightly and Google is continuously violating various laws of India. Now leading techno legal experts of India have recommended that G-mail must be banned in India as it is abetting and encouraging commission of various cyber crimes and cyber contraventions in India.

The Delhi High Court has recently directed the Central Government to frame the e-mail policy of India as soon as possible. While the Central Government would come up with the e-mail policy very soon yet the State of Maharashtra has already issued an advisory that has mandated that e-mail service of G-mail, Yahoo, Hotmail, etc would no longer be used in government departments of Maharashtra.

Of all e-mail service providers the services provided by G-mail are most noxious and violative of Indian laws. G-mail not only hides the Internet protocol address of the originator of the communication but substitute its own IP address with that of the originator. Thus, no person can ascertain the IP address of a cyber criminal unless Google discloses the same and getting information from Google is next to impossible for the ordinary individual.

It is surprising why this fact has not been investigated by Indian government so far. This practice of G-mail is clearly violating many provisions of the IT Act, 2000 and till now Indian government has not prosecuted Google/G-mail in this regard. It would be a good idea if the proposed e-mail policy of India deals with this issue in length and make suitable provisions regarding misuse of e-mail facilities provided by G-mail as well. 

Legal Assistance For Cyber Crime Cases In India

Cyber crime cases have increased significantly in India. However, there is a general lack of awareness among public at large as well as police and judicial system regarding cyber law and cyber crimes.

As a result most of the cyber crimes are not reported at all. Even if some cyber crimes are reported they are not investigated properly and this results in very few cyber crime convictions.

In most of the cases lack of cyber crime conviction is the primary result of absence of proper legal assistance to prosecute cyber crimes. We have very few cyber law firms in India that are truly cyber law firms. Perry4Law is the best cyber law firm of India that is providing cyber law and other techno legal services.

In fact, the techno legal segment of Perry4Law known as Perry4Law’s Techno Legal Base (PTLB) is managing the exclusive techno legal cyber crime investigation centre of India. The cyber crime investigation centre is playing a conclusive role in conducting cyber crime investigations in India and providing techno legal services to the victims of cyber crimes and cyber frauds.

Along with cyber law, areas like cyber security and cyber forensics must also be explored by the legal fraternity. The cyber security legal practice in India is still in infancy stage and we have hardly any cyber security lawyers and law firm in India except Perry4Law.

The cyber crime cells of India must seek services of techno legal firms like Perry4Law to manage and investigate cyber crime cases in India. By clubbing the expertise of law enforcement and law firms, police can produce better results.

Privacy Ignored By The Cyber Security Policy Of India

The National Cyber Security Policy (NSCP), 2013 has declared the broad outline regarding cyber security framework of India. Since it is an outline not many details have been provided about its components and objectives.  The implementation hurdles are also present that would make actual implementation of the NCSP very tedious.

Cyber security experts have also opined that the proposed NCSP may not be very effective in the present circumstances and framework. The main reason for the same may be that Indian government has been very lax and lethargic while implementing cyber security related issues in India. Another related reason s the fact that actual implementation of the NCSP is still a very distant dream.

Consider the initiatives proposed by Indian government in this direction. These include the National Critical Information Infrastructure Protection Centre (NCIPC), National Cyber Coordination Centre (NCCC), National Intelligence Grid (Natgrid), etc. These projects have not only failed to materialise but they are also devoid of any legal framework supporting the same. In short, even if they are implemented they would violate civil liberties of Indians just like the Central Monitoring System (CMS) of India.

India has definitely adopted the e-surveillance model and in this quest it has deliberately failed to enact privacy and data protection legislations. This strategy has also been adopted by the National Cyber Security Policy (NCSP) of India as it has failed to protect privacy rights in India. The policy has also failed to maintain a balance between civil liberties and national security requirements of India.

The true impact of the NCSP 2013 could be analysed once the government actually starts implementing the same. Till then self defence mechanisms in cyberspace must be adopted by those interested in preserving and protecting their privacy and civil liberties.

Are Attorneys Afraid Of Using Social Media?

One of the easiest ways to find an attorney in today’s times is via social media. The legal business just like any other business today is learning the ropes of what it means to be part of the social media network and benefit from it. Whether it’s a Kansas City attorney or a law firm in New York, they’ve been forced to explore social media and what it can do for their business.

There is another side to this story though. While it has its advantages social media is a very open platform. Things go viral and quite honestly, once something has been uploaded on the web via a social media channel, there is little control over where it might land eventually or who might see it.

For most other professions this does not pose as a big risk. But that is not the case with the legal industry. Because of the sensitive nature of their field and the kind of work they do, lawyers have to be careful about what they post on the web, especially when they use social media as a personal space.

So the question is- Are attorneys afraid of using social media? Yes, possibly so. There are a number of reasons why an attorney might be afraid that social media can land them into trouble. The legal profession has always been categorized as a serious profession. When anyone is out in the market to find an attorney, they have a certain image in mind.

In such a case, anything that a lawyer has written on their social platforms can be used as a medium to judge them professionally. Sometimes an innocent remark or update written just for fun can cast a shadow on the reputation of the attorney and cost them a case.

Another factor to consider is the confidentiality status quo that lawyers have to maintain at all times. Under this, in no circumstance can a lawyer reveal any information knowingly or unknowingly about a client. When it comes to social media, an attorney can never be sure when something they might have posted can be linked to breach of confidentiality.

This is especially true in the case of blogging. Presumably, the posts might be related to cases or experiences on cases and this will warrant divulging some facts.  There is also the possibility that a lawyer might end up discussing legal issues on a social media platform with someone who is against a current client of theirs. This can be seen as a conflict of interest.

Another risk for an attorney to openly talk about law on social media is the fact that it can unintentionally lead to unauthorized practice. For e.g.: a Kansas City attorney might end up giving advice to someone in Florida but he is not licensed to practice in Florida, this might be considered a violation.

While the risk of using social media are many for attorneys, it is very hard to ignore the fact that social media is here to stay. The key eventually is in using the platform responsibly and with extreme caution and awareness.

Intellectual Property (IP) Disputes Have Increased Tremendously

Intellectual property rights (IPRs) have assumed tremendous importance these days and both individuals and organisations are doing their level best to protect and enforce the same. As a result, the IP battles are increasing world over and India has also witnessed a growth in IPR disputes.

IP like trade secrets, patents, copyright, trademarks, etc have become crucial for the growth and expansion of various businesses. Add to it the domain names and you cover the cyberspace and techno legal areas as well.

Intellectual property (IP) disputes have increased tremendously. As more and more individuals and organisations have started asserting their IP claims, the litigation and court cases have also increased.

At the international level, the international trade commission (ITC) has recently held that Apple and Microsoft did not violate the patent rights of Google. Kim Dotcom has accused Google, Facebook, Twitter etc of violating his two step authentication patent.

Mozilla has also issues a cease and desist notice to Gamma International for maliciously using its brand and reputation. The Japanese Company Kawasaki Heavy Industries (KHI) has also accused Chinese Company CSR Sifang of stealing its Shinkansen Bullet Trains.  

The U.K. Supreme Court has also decided that storing of cache on a users computer of the copyright protected work is not copyright infringement. Similarly, the supreme court of India also held that Novartis has no patent rights in its product Glivec. U.S. Pharmaceutical Company Merck Sharp and Dohme’s (MSD) has also appealed before Division Bench of Delhi High Court.  

On the Trademark and Domain Name fronts, India has submitted Instrument of Accession to the Madrid Protocol for International Registration of Marks. In a domain squatting case, Tata Sons And Tata Infotech won domain name lawsuit against Arno Palmen. The objection and dispute resolution for ICANN’s new GTLDs registrations is also in full swing. The Financial Times and Times of India are also fighting trademark battle in Supreme Court of India.

On the legislation front, the recent Indian Copyright Amendment Act, 2012 (CAA 2012) has incorporated provisions related to digital rights management. These include protection of technological measures used by copyright owners and making their unauthorised circumventions punishable under the Copyright Act. Similarly, the proposed U.S. legislation would target companies using stolen intellectual property of U.S.

This trend of protection of IP is going to be more severe in future. The IP portfolio management in India and online brand protection in India is going to be a trick issue and individuals and companies must keep this trend in mind.  

Online Cyber Security Courses In India By PTLB

Cyber security courses in India are in great demand in India. If media reports are to be believed, cyber security professionals would be in demand in India in the near future. However, cyber security skills and capabilities development is not an easy task to achieve.

At Perry4Law’s Techno Legal Base (PTLB) we believe that we must have both offensive and defensive cyber security capabilities in India. This is easy to say but very difficult to achieve.

Similarly, cyber security is a techno legal field that requires techno legal skills development in India and not merely an academic syllabus. We have been trying to achieve this herculean task and have achieved moderate success in this regard as well.

Our virtual campus is the exclusive techno legal cyber security virtual campus in India. It has been providing techno legal trainings and skills development in the fields like cyber law, cyber security, cyber forensics, cyber crimes investigation, e-discovery, e-commerce, e-courts, online dispute resolution (ODR), etc.

We achieve this task through the exclusive techno legal cyber security e-learning platform of India that is managed by PTLB. The “application form” can be downloaded from here. See the students’ enrollment and FAQs segments of PTLB for more details. For payment of the fees, see the payment mechanism of PTLB.

The objective of the online cyber security courses of PTLB is to provide on the spot trainings and skills development to masses. Since the trainings and skills development are technology driven, any person or institution from any part of the world can avail the benefits of our trainings and skills development initiatives. We hope our trainings and course would prove useful to all concerned.

Source: Virtual Campus Of PTLB.

Online Pharmacies Are Under Scrutiny

The online sales of prescribed medicines in India are by and large still unregulated. Illegal and unscrupulous online pharmacies, both Indian and foreign, are taking advantage of this lacuna of Indian laws.

However, those days of chaos and non regulation are gone. Indian regulatory authorities are now scrutinising these online pharmacies for violation of various pharmaceutical standards, codes and regulations.

Although we have no dedicated e-retailing laws and regulations in India yet the legal aspects of online pharmacies can be found under multiple legislations of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal e-commerce expert of India, Online Pharmacies of India are under Regulatory Scrutiny. There are many Online Pharmacies in India that are openly violating the Pharmaceutical and other Laws of India.

Further, these Online Pharmacies are also violating the Cyber Law of India, especially the Cyber Law Due Diligence of India. There is an urgent need on the part of States to crack down upon such Illegal Online Pharmacies of India, opines Dalal.

Illegal online pharmacies are grave danger to the lives of millions of Indian citizens who readily rely upon such pharmacies for their medical requirements. The central drugs standard control organisation (CDSCO) must play a more pro active role in this regard. Till now its role has been passive and non-interfering in nature when it is must be otherwise.

We hope the CDSCO and Indian government would take strict penal action against the defaulting and illegal online pharmacies that are openly flourishing in Indian that also right under the nose of Indian government.

Source: Cjnews India.

Open Source Malware Analysis By Malwr Com

Malware is a big security threat in the present environment. Some malware are so sophisticated that they cannot be detected by any technology or software present as on date. They are detectable after a lapse of considerable period of time that may at times be years.

There are some very good free and open source malware detection and removal tools and softwares as on date and more and more are added on regular basis. These include Malwarebytes, ClamAV, etc. More can be found at the Sourceforge page.

Malwr is another free malware analysis service. It allows you to analyse suspicious files and extract information on their process and network behavior while being executed. It's built on top of an open source malware analysis system called Cuckoo Sandbox.

In order to use Malwr.com you just need to choose the file to analyse, solve the captcha and submit it. You can choose an analysis package between the ones available, if none is specified, Cuckoo Sandbox will try to detect if it's a PE32 or a PDF file and choose the appropriate package.

If the file format is not recognised, the analysis will be aborted. You can also specify your email address to receive a notification when your analysis is ready.

Malwr.com is powered by the Shadowserver Foundation. It is a product worth trying and commenting.

Is Media Promoting Soft Porn In India?

We have been witnessing a trend where online media and websites in India have been accused of promoting soft pornography at their platforms. The cyber law of India clearly prohibits such display of soft porn in India yet till now we have not witnessed any compliant or court case against such platforms.

We recently received an e-mail from Supreeth Sudhakaran informing us about the possible cyber law violation by the English website of the Bhaskar Group. We have forwarded the same to Perry4Law’s Techno Legal Base (PTLB), the leading techno legal segment of law firm Perry4Law.

According to Supreeth he recently visited the English website of the Bhaskar Group and found that they have been promoting a nude calendar under the claims that it is artistic and that they are launching it in India.

The website has neither blurred the image nor creatively cropped it, says Supreeth. When he contacted their editors, he did not receive any response. Now Supreeth wonders whether the website in question violates any law of India.

The cyber law due diligence for press and media in India is well known and a failure to observe the same could result in criminal liabilities. According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of Asia, a single such episode can attract Civil and Criminal Liabilities on the part of those involved in the making, uploading, publication and circulation of the same in paper and electronic form. The Cyber Law of India prescribes stringent Due Diligence Requirements that paper based and electronic publishers must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Praveen Dalal.

The legal position in this regard is very clear and websites and media platforms must keep the cyber law due diligence requirements in mind.

Is Online Gambling And Betting Legal In India?

As a leading techno legal ICT law firm of India, Perry4Law is frequently approached for numerous techno legal issues. One of them pertains to e-commerce laws and regulations in India.

Recently many queries have been raised about the applicable online gambling laws and regulations in India.  We have also observed that e-commerce legal compliances in India are not followed in true letter and spirit. This may be due to lack of knowledge about applicable e-commerce laws but ignorance of laws is no excuse.

If e-commerce players do not follow the laws of the land, they may found themselves in uncomfortable situations. For instance, cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies are some of the issues that have been ignored by almost all e-commerce players of India.

Coming back to the burning issue whether online gambling and online betting is legal in India or not? We have already covered the legality of online gambling and betting in India and other e-commerce compliance requirements in India but we would briefly cover the same once again.

The golden rule for deciding whether online gambling in India is legal or nor has to be judged by many factors that depends upon the facts and circumstances of each case and upon state to state. There are many states in India where gambling is legal and few where even online gambling and betting is legal. However, there are some states like Mumbai where online gambling is expressly prohibited and made a punishable offense. So it depends upon the state where you wish to carry the online gambling and betting business.

Then there is the rule of skills versus chance as laid down by the courts of India. As a general rule, where the game involves application of skill on the part of the player and the element of chance is minimal, the activity would be considered to be a game and not an act of gambling. However, the applicability of this test of skill versus chance may not be applicable to online or Internet games, betting and gambling as various judicial decisions pertaining to different sets of facts and circumstances and can be distinguished easily in subsequent litigations.

Finally, economic and taxation legislations like tax laws of India, anti money laundering laws, etc are also involved while operating online casinos, online gambling and betting and online gamming platforms.  The provisions of these economic legislations are very stringent in nature and can cause great detriment to the owner or operator of the online casino, gambling and betting website.

To be on a safer side, it is better to comply with various techno legal laws of India while opening an online gambling, gaming and betting platform rather than facing the punitive provisions of Indian laws.

Source: E-Commerce Laws and Regulations In India.

E-Commerce Compliances In India

E-commerce is the latest entrepreneur bandwagon in India. Thousands of e-commerce portals have emerged during the year 2012. However, in the zest of earning profit, legal and compliance requirements pertaining to e-commerce have been totally ignored by almost all the e-commerce portals.

The most vulnerable categories that have opened their online shops pertain to online pharmacies, online gambling and gaming, electronics, etc. These e-commerce portals are not at all complying with the respective laws of these segments.

Even the Indian government is lax in implementing the regulatory and compliance requirements against these illegal online pharmacies, gambling portals and other similar e-commerce platforms.

This has posed serious threat to not only lives of millions but also to the socio-economic and law and order situation n India. Regulatory bodies covering these fields must be more vigil while keeping a tab upon illegal and unethical activities of those e-commerce portals that are flouting the laws of India.  

There are many techno legal compliance requirements that e-commerce portals of India must comply with. At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players.

Presently, cyber law compliances, due diligence and techno legal compliances are not followed by various e-commerce websites in India. There is an urgent need to scrutinise these e-commerce portals and prosecute the guilty for violations of Indian laws.

It would amount to adoption of double standards by Indian government if it plays harsh upon foreign companies but leaves Indian companies and e-commerce portals untouched. Let us hope Indian government would do the needful in this regard as soon as possible.

Source: E-Commerce Laws And Regulations In India.

Online Gambling Laws And Regulations In India

Online gambling in India has aroused great interest among many e-commerce entrepreneurs of India. This is because online gambling is a very remunerative and profit oriented business. However, online gambling is also a complicated business filed as many laws and technical issues have to be resolved at the same time.

We have a central law on gambling called the Public Gambling Act of 1867. Similarly, we have many state laws on gambling that are mostly based upon the central law. Further, almost all the state laws are regulating real world or offline gambling in India. The exception in this regard can be found in the laws applicable in places like Goa and Sikkim.

Recently Goa has made its casino laws very stringent keep in mind the money laundering, black money and tax evasion issues in mind. Similarly, Sikkim is also in the process of harmonising its laws with the central laws.

As far as judiciary is concerned, the Supreme Court of India has made a distinction between skills based and chance based gaming activities. Of course, each case depends upon its own facts and circumstances and the respective state law and we cannot apply one decision uniformly in all cases of gambling and online gambling. 

The e-commerce laws and regulations in India are still at the infancy stage. As a matter of fact, a majority of e-commerce portals and players in India are not following the laws of the land in true letter and spirit. Surprisingly, there is a general misconception among the e-commerce players of India that for running an e-commerce website in India they need not to follow much law. On the contrary, there are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India.

The chief among these e-commerce players are online pharmacies, online gambling and gaming portals, electronics e-commerce websites, etc. They fail to understand that use of technology has brought additional legal issues that are primarily techno legal in nature. Their continued ignorance may bring civil, criminal and financial penalties. The recent spate of FDI crackdowns by India government proves this point.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players. The skill and chance and state subject legal arguments are not sufficient to comply with complicated techno legal requirements of India as on date. So before launching an e-commerce portal, the concerned person or company must make it sure that techno legal requirements are duly complied with.

Source: E-Commerce Laws And Regulations In India.

Indian Law Firms Database

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have launched a platform where database of Indian law firms would be available. The database is the most comprehensive legal database of India that is not only providing information about the techno legal aspects applicable in India but is also providing relevant and useful information in this crucial field.

A must see resource for all national and international stakeholders interested in techno legal aspects applicable in India.

See Law Firms In New Delhi India for more.

E-Books And Bookstores In India

The e-books segment is increasing in India due to favourable legal and commercial environment. The e-books publication in India and e-commerce industry is also flourishing. The print book industry is also eying the potential of e-book segment and they are exploring the e-commerce method to increase their revenues. Amid all this excitement remains the fact that e-commerce laws and regulations in India are still not followed by and large by various e-commerce entities in India.

See Will E-Books Kill The Bookstores In India? for more.

E-Books Segment Increasing In India

Traditionally book reading was confined to paper based books alone. This has both advantages and disadvantages. But the things have changed dramatically now. With the active use of Internet and information and communication technology (ICT), the book publication and distribution industry has witnessed a sea change.

Electronic books publication is the latest trend world over. Although the market share of books publication is still dominated by printed books yet e-books business segment is also fast catching up.

Many e-commerce players belonging to education sector are eying India for a larger market for e-books. This cannot be effectively done till e-commerce laws and regulations in India are duly followed.

See E-Books Publication In India And E-Commerce Industry for more.

Cyber Security In India

I have started another blog titled cyber security in India. The same would primarily cover issues pertaining to cyber security in India and world wide. However, other techno legal issues of national and international importance would also be covered. I request my friends to join me in this endeavour and help the platform to reach the level where our other platforms have reached.

See Cyber Security In India for more.

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.

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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.