Tuesday, 25 December 2012

Lawyers And Advocates In New Delhi India

If you are looking forward to resolve a dispute of yours, chances are very bright that you must be looking for a good law firm or lawyers in India. There are many good law firms in New Delhi India. Similarly, there are many good lawyers and attorneys in New Delhi India.

However, the real problem is to choose the most appropriate law firm or lawyers from these law firms and lawyers. If we have a database of lawyers and law firms, the problem of choosing the appropriate law firm/lawyers becomes very easy.

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have launched two dedicated platforms that are discussing about law firms and lawyers respectively. The idea is to provide a comprehensive and holistic directory of law firms and lawyers that deal various fields of law.

Initially the platforms have provided comprehensive information about the initiatives and techno legal expertise of Perry4Law and PTLB but details of other law firms and lawyers would also be provided in due course of time.

Further, those interested in techno legal trainings in fields like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc would also find these resources very useful.

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.

Source: Techno Legal Thoughts.

Sunday, 23 December 2012

My New Blog

Hi everybody. Thanks for your continued support and following our views and opinions at various platforms. I have started a new blog titled techno legal thoughts and I would like you to go through the same. 

This blog is the continuation of my previous effort on similar topic. The main topics that i would be covering through this blog would include areas like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc.

Visit Techno Legal Thoughts for more details.

Saturday, 22 December 2012

Legal Firms In New Delhi India

Legal field around the world is growing. Law is a very complicated and vast area and with the amalgamation of information and communication technology (ICT), law has taken a new shape.

New areas like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc have been emerging. However, there are very few legal institutions that cover these technical areas of law. The fact is that law is today a techno legal filed where both technical and legal fields have merged.

Naturally, finding good techno legal firms in India and other parts of the world is really tough. Many have expressed the opinion that there is an urgent need to have a comprehensive Indian law database that can serve the legal requirements of various stakeholders.

The good news is that Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have provided the exclusive techno legal database of Indian law firms. As on date, it is the most comprehensive laws and law firms’ database of India that is really handy for various stakeholders.
For instance, if you are looking for a cyber law firms in New Delhi India, the platform of Perry4Law and PTLB would provide you a link of the same where not only details about Indian cyber law firms would be provided but also legal position of cyber law and related fields would also be discussed there.

In short not only details about various law firms would be there but also brief discussion about the respective field would be provided so that basic level legal information is available to the reader or viewer. You can see the law firms in New Delhi India segment of Perry4Law and PTLB for more information.

The platform main objective is to provide comprehensive and holistic information to the readers and viewers about the initiatives of Perry4Law and PTLB. Further, relevant links have also been provided so that readers can have a readymade reference resource at their disposal.

Gradually, the platform would cover diverse techno legal fields as are managed by Perry4Law/PTLB and other firms. This is a really ambitious and useful initiative and it is certainly going to be really useful for both national and international stakeholders.

Indian Law Database

A very good techno legal initiative has been started by Perry4Law and Perry4Law’s Techno Legal Base (PTLB). It is providing not only legal aspects applicable in India but is also covering the technical aspects of Indian laws.

Issues like cyber law, cyber security, cyber forensics, e-commerce, e-governance, merger and acquisition, corporate laws, etc have been discussed here.

It is the most comprehensive Indian laws and law firms database of India that is very useful for foreign direct investment (FDI) makers and others interested in making investments in India. 

See Law Firms In New Delhi India for more.

Thursday, 20 December 2012

National Cyber Coordination Centre (NCCC) Of India

Cyber law issues, cyber security and national security are on agenda of Indian government these days. However, till now cyber security in India is not upto the mark and cyber law of India requires an urgent repeal. This is because the entire approach and attitude of India government is defective.

Indian government has failed to understand that e-surveillance is not a substitute for cyber security capabilities. Instead of developing cyber security capabilities of India, the Indian government is stressing upon growing use of e-surveillance in India and Internet censorship in India.

All these exercises of India government have been done without any legal framework supporting these initiatives of Indian government. Phones are tapped in India without a constitutionally valid phone tapping laws in India. The central monitoring system project of India (CMS Project of India) is also not supported by any legal framework. Surveillance of Internet traffic in India is also another area that requires a sound legal framework. Various authorities with far reaching powers have been created without any legal backing.

See ICTPS Blog for more.

Wednesday, 19 December 2012

Will E-Books Grow In India?

E-books and bookstores in India share an inverse relationship. World over growth of e-books has resulted in a decline in print based books. As a result many bookstores in real world have already been closed.

The e-books segment is increasing in India is also catching up with the development in other nations. The e-books publication in India and e-commerce industry is also flourishing. However, e-commerce laws and regulations in India are still not followed by and large by various e-commerce entities in India.

Let us see how the e-book industry would grow in India.

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

Electronic Books In India

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.

Dispute Resolution In Cyber World Of India

Dispute resolution in cyber world is a difficult task. This is so because laws of various jurisdictions may be applicable to a single dispute. At the same time, dispute resolution in cyber world is also very cost effective and instant in nature.

Dispute resolution in cyber world of India is still not developed. For instance, online dispute resolution (ODR) in India and e-courts in India are still missing. In fact, dispute resolution in cyber world of India is an essential part of legal enablement of ICT system of India.

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been providing pioneer services in the field of dispute resolution in cyber world. Further, domain name dispute resolution service providers in India and abroad are also involved in dispute resolution in cyber world.



Perry4Law and PTLB have also launched some dedicated initiatives in the fields of e-courts and ODR. These are as follows:

(1) Electronic Courts: This initiative would provide e-courts services to national and international organisations, governments, companies, individuals, etc. At this platform you would be able to resolve your disputes through use of techno legal methods and procedures.

(2) E-Judiciary: This initiative would provide research, policy formulations, training, consultancy, project execution support, etc to various national and international stakeholders. It would cover areas like e-courts, e-judiciary, legal enablement of ICT in courts and judiciary, etc.

(3) ODR India: This is an India specific platform that would resolve various inter party disputes in an online environment. Techno legal methods and procedures would be used to resolve various disputes through Arbitration, Conciliation, Mediation and other similar methods.

(4) Online Arbitration: This initiative would provide ODR services to world at large. Individuals, organisations, companies, etc may resolve their disputes through this platform by using our techno legal dispute resolution services.

India needs to adopt ODR and establish e-courts to strengthen its judicial system. Further, establishment of e-courts in India and ODR capabilities would further benefit litigants and parties to the dispute. We hope our initiatives would prove useful to all the stakeholders.

Source:
Online Dispute Resolution (ODR) Centre Of India

Legal Compliances For Launching An E-Commerce Website In India

Many e-commerce players frequently ask about the legal requirements of undertaking e-commerce in India. The main legal issue pertaining to establishing en e-commerce platform in India is to ascertain the legal requirements to start an e-commerce website in India.

There is a misconception among the national and international e-commerce players that establishing an e-commerce business in India does not require any legal compliances. The truth is that establishing of e-commerce business in India without complying with legal requirements is a risky proposition.

The legal formalities required for starting e-commerce business in India are now well established. Perry4Law, the exclusive techno legal ICT law firm of India and the premier e-commerce law firm of India, has already provided the legal framework in this regard. Now all national and international e-commerce players can know about e-commerce laws and regulations of India.

National and international e-commerce players must appreciate that diverse legal issues of e-commerce in India apply to different types of e-commerce. For example, electronic trading of medical drugs in India needs more severe e-commerce and legal compliances as compared to other e-commerce ventures.

Similarly, digital communication channels for drugs and healthcare products in India are scrutinised more assertively than other e-commerce business activities. In fact, regulatory and legislative measures to check online pharmacies trading in banned drugs in India are already in pipeline. Online sale and purchase of prescribed drugs and medicines in India is another category that requires due compliance with various applicable laws of India.

Legal issues of online shopping in India must be duly complied with various e-commerce entrepreneurs. In fact, a probe against Walmart has been ordered in India for market access lobbying. Indian e-commerce, FDI regulations and cyber due diligence are closely related and cannot be ignored anymore.

It is in the own interest of e-commerce players to arrange business structuring of e-commerce in India in a techno legal manner. Otherwise these e-commerce players may find themselves in legal battles.

Tuesday, 18 December 2012

National Digital Preservation Policy Of India

Digital Preservation (DP) in India is a very recent concept that has not even been conceptualised properly. There is neither a legal framework in this regard nor national policies and strategies in India.

Although a National Digital Preservation Programme (NDPP) of India has been launched but it is at a very nascent stage. DP is becoming an important requirement all over the World and India cannot ignore the importance of the same.

The DP initiatives are facing many road blocks that are preventing them from materialising in India. For instance, Intellectual Property Rights (IPRs) are occasionally found on the crossroads of DP initiatives. The IPRs Issues in the digital era are also closely related to the requirements of DP in India.

With the rapid advancement of technology day by day, old applications and methods are becoming obsolete. We need to upgrade them from time to time. We also need to change form of various IPRs protected works from one form to another. This sometimes results in copyright, trademark, patents, etc violations.

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

According to Digital Preservation Expert and managing partner of ICT law firm Perry4Law Mr. Praveen Dalal "DP issues are also going to be more complicated with the enactment of laws like Digital Millennium Copyright Act, 1998 (DMCA). Efforts are in the pipeline for adoption of an efficient Digital Rights Management (DRM) system in India. This seems to be a step in the direction of protecting fast-growing Indian digital entertainment and media industry.

This may not be fruitful if we fail to appreciate the ground realities existing in India. India needs a Techno-Legal Law that is in conformity with Indian Standards and Norms”. The first and foremost requirement for DP in India is to formulate a good and effective techno-legal digital preservation policy of India.

The task is really difficult unless good experts are involved in this much needed project. With the basic policy framework we can further proceed towards techno-legal framework as well.

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.

Monday, 17 December 2012

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 E-Commerce Businesses In India

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.
           
The business structuring of e-commerce in India: legal research report by Perry4Law has demarcated the techno legal requirements that every e-commerce entrepreneurs of India must comply with. At present, Indian and international e-commerce players are flouting Indian laws that Indian government is taking very seriously.

Indian e-commerce, FDI regulations and cyber due diligence are interrelated says techno legal experts of India. E-Commerce Laws and Regulations in India and FDI Regulations are two of the most important Regulations governing E-Commerce in India, suggests 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. 

In fact, Indian government has already referred the cases of Flipkart and Bharti Walmart to the Enforcement Directorate for alleged violation of foreign direct investment (FDI) regulations. Now Indian government has decided to start an investigation against Walmart for possible FDI norms violations and lobbying for greater market access in India.

Surprisingly a majority of Indian and international e-commerce players are not complying with legal issues of online shopping in India. Online shopping and e-commerce in India must be encouraged but at the same time legal and cyber security issues must also be taken seriously. Online payment players and e-commerce stakeholders must keep these aspects in mind while doing business in India. There is no sense in ignoring Indian legal issues of online shopping.

Cyber law due diligence in India is another area that e-commerce and online shopping platforms must take care of. Cyber law due diligence for Indian companies is one of the most frequently litigated aspect in India. Lack of cyber law awareness and cyber due diligence awareness is the main reason that many websites and companies have found themselves in the net of Indian laws.

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.

Sunday, 16 December 2012

Social Media Websites And Cyber Crimes In India

We have no dedicated social media laws in India although guidelines for social media contents monitoring in India may be prescribed. Although we have a cyber law in India in the form of information technology act 2000 (IT Act 2000) yet we have no dedicated social networking laws in India. The cyber law for social media in India needs to be strengthened further keeping in mind a balance between civil liberties and law enforcement requirements.

Human rights protection in cyberspace in India is also required to be considered by Indian government. Presently, protecting civil liberties protection in Indian cyberspace is not a priority for India and this is a serious problem.

For instance, till now we have no social media policy in India. Even we do not have dedicated social networking laws in India that can take care of the misuses of social platforms. However, the framework and guidelines for use of social media for government organisations has been recently suggested by department of information technology. Theses guidelines provide an Indian social media framework for governmental departments and organisations that employees of these organisations must follow.

Social media is considered to be an Internet intermediary as per Indian cyber law. The recent controversy of Internet censorship in India has once again reiterated the importance of effective social media laws in India.

Cyber law due diligence in India has become very stringent. This applies to various fields and to multiple stakeholders. For instance, cyber due diligence for banks in India is now a well known requirement for banks in India. However, Internet intermediaries are the most widely covered stakeholders in this regard. Intermediaries liability for cyber law due diligence in India is really tough and they must take it very seriously.

See ICTPS Blog for more.  

Thursday, 13 December 2012

Legal Issues Of Online Shopping In India

Legal issues of online shopping in India are still not clear. In fact, most of the Indian and international e-commerce players are not complying with e-commerce laws and regulations of India.

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 Cjnews India for more.

India Orders Probe Into Walmart Lobbying

In a significant development, India has ordered a probe against Walmart for alleged lobbying to gain market control in India. Meanwhile the main opposition political party has raised lots of hue and cry in the Parliament of India asking for a probe in the alleged lobbying by Walmart.

Tuesday, 11 December 2012

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.

Modernisation Of Police Force Needed In India

Police force of India is presently struggling to deal with modern day crimes. For instance, cyber crimes in India are increasing at an alarming rate while their punishment is not very satisfactory. A major reason for this poor performance of Indian police force is lack of effective and sufficient techno legal trainings for police force of India.

Further, Cyber Crimes Investigation Capabilities in India also need to be strengthened. We must stress upon techno legal skills development in India of police force. To update their skills and expertise on a continuous basis, police force of India must also enroll for continuing lifelong learning in India.

Many ambitious projects in India like Crime And Criminal Tracking Network and Systems (CCTNS) Project Of India, National Intelligence Grid (Natgrid) Project Of India, National Counter Terrorism Centre (NCTC) Of India, Central Monitoring System (CMS) Project of India, etc require techno legal expertise. Law enforcement agencies of India must be aware of both technical as well as legal requirements in order to derive maximum benefits out of these projects.

India cannot afford to adopt this lax strategy at this crucial period of time when cyber crimes and cyber attacks, terrorism and cyber terrorism, cyber warfare, cyber espionage, organised crimes, trans border crimes, white collar crimes, etc are plaguing India.

With the active use of technology, these crimes have further been made difficult to trace as well as to be prosecuted. For instance, it took Computer Emergency Response Team-India (CERT-In) and Central Bureau of Investigation (CBI) four months to ascertain the IP address of the attackers who defaced CBI’s website.

At times even IP address tracking methods and techniques for e-mails becomes an impossible task in India. Further, we must also keep in mind that IP address should not be the sole criteria for arrest and conviction. Further, IP address spoofing and its defenses must also be kept in mind. Further, hidden Internet in India and world wide is also a breeding ground for cyber crimes and cyber criminals. In order to effectively tackle cyber crimes in India, Cyber Forensic Investigation Solutions in India also need to be developed.


See Cyber Crimes Investigation Centre Of India For More.

Modernisation Of Police Force Of India

This is a “Guest Column” by Mr. Praveen Dalal, Managing Partner of Perry4Law and leading techno-legal expert of India. In this article, Mr. Praveen Dalal has discussed the requirements of modernisation of police force of India. He asserts that ambitious projects like Crime And Criminal Tracking Network and Systems (CCTNS) Project Of India, National Intelligence Grid (Natgrid) Project Of India, National Counter Terrorism Centre (NCTC) Of India, Central Monitoring System (CMS) Project of India, etc requires techno legal expertise. Law enforcement agencies of India must be aware of both technical as well as legal requirements in order to derive maximum benefits out of these projects, asserts Praveen Dalal.

No time in the history of India we needed modernisation of police forces of India than now. Fortunately, there is no dearth of financial resources as even the proposed 2011 budget has provided reasonably good amount for the same. Home Ministry of India recently received a large sum of money from Finance Minister Pranab Mukherjee. The same would be used for many national security projects of India.

Some of the national security projects that are presently launched by Home Ministry include National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS) Project of India (CCTNS Project), Central Monitoring System (CMS) of India, etc. It does not mean that Indian police force would be modernised and made more efficient immediately. Even there is no guarantee of the same for the next five years till these promises are supported by a political will to execute the same.

The indications are positive and so may be the outcomes. The need of the hour is to purse the commitment till the same is accomplished. Many crucial projects in India have failed because though they were started with the right planning and commitment yet till the end neither planning nor commitment survived.

India cannot afford to adopt this lax strategy at this crucial period of time when cyber crimes and cyber attacks, terrorism and cyber terrorism, organised crimes, trans border crimes, white collar crimes, etc are plaguing India.

With the active use of technology, these crimes have further been made difficult to trace as well as to be prosecuted. For instance, it took Computer Emergency Response Team-India (CERT-In) and Central Bureau of Investigation (CBI) four months to ascertain the basic level information about the attackers who defaced CBI’s website.

At this stage it would be imperative to mention the importance of suitable training to law enforcement manpower. The ambitious projects CCTNS, NATGRID, Unique Identification Project of India (UID Project), etc cannot survive in the long run in the absence of suitable Policies, Trainings and Legal Framework.

Equally important are the issues of Legal Empowerment of Law Enforcement Machinery in India. India is negligent in formulating good laws governing the law enforcement machinery. In the absence of good legislative provisions, the performance of police force cannot be expected to be good. It is only now that the Central Bureau of Investigation Act 2010 and Delhi Police Act have been drafted. They would be presented in the Parliament of India and may become enforceable law one day. Besides, political interferences in the day to day functioning of police forces in India must be minimised.

With positive hints being given by Indian Government, we can expect some good legislative steps by Parliament of India in the forthcoming session. A good law bringing transparency, accountability, flexibility and autonomy to police forces in India is the urgent need of the hour. I wish Indian Parliament all the best in this regard.

Source: Cjnews India.

Monday, 10 December 2012

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.


Sunday, 9 December 2012

Cyber Forensics Services In India

Cyber Forensics in India is still maturing. Further, Cyber Security in India is also at the infancy stage. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been providing Techno Legal Cyber Forensics Services in India and abroad for long. The Cyber Forensics Services of Perry4Law and PTLB cater both Technical and Legal Aspects of Cyber Forensics.

Perry4Law is also managing a Unique and Exclusive Techno-Legal Cyber Forensics Research And Development Centre Of India (CFRDCI). It is supported by PTLB, Perry4Law Techno Legal ICT Training Centre (PTLITC) and other Techno-Legal Initiatives of Perry4Law. The aim of CFRDCI is to Strengthen Cyber Forensics in India in general and Cyber Forensics Capabilities of India in particular.

To strengthen the Cyber Forensics Initiatives of Perry4Law and PTLB, we have been managing the Exclusive Techno Legal Cyber Security Research And Development Centre Of India (CSRDCI), National Cyber Security Database of India (NCSDI), Cyber Crimes Investigation Centre of India (CCICI), Centre Of Excellence On Cyber Security In India and many more Techno Legal Initiatives.

Some of the Techno Legal Services that we provide include Cyber Law, Cyber Security and Cyber Forensics “Cross Examinations”, “Expert Testimonies”, “Techno-Legal Consultations”, “Legal Consultancy”, Cyber Forensics Investigation Solutions, Hidden Internet Forensics, IP Address Spoofing Defenses, and other similar Services and Litigation Support for these areas.

We also provide “Techno-Legal” help for Cyber Forensics Issues, Digital Evidence Recovery, E-Discovery, E-Mail IP Tracking, IP Tracking, Data Recovery, Malware Investigation, Hacking Investigation, Cyber Security, Forensically Sound Data Collection, etc.

If you need our Professional Services, you may Contact Us along with payment of our Professional Fees and Charges. See the Binding Legal Agreement before Contacting Us.

Source: Cyber Forensics In India.

Friday, 7 December 2012

E-Commerce Businesses Structuring In India: Legal Issues

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.


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

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.

Source: Cjnews India.

Friday, 30 November 2012

Indian Crisis Management Plan For Cyber Attacks And Cyber Terrorism

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.

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”.

Thursday, 29 November 2012

The Extra Steps That TOR Users Must Take

The “Decloaking Engine” invented by HD Moore was one of the most effective ways of showing how exit nodes of TOR system can sniff the unencrypted, plain text and insecure information and data passing through it. A malicious or e-surveillance capable exit node is the weakest link of the privacy and security chain of a TOR user. However, the problem is not with the TOR’s system as this is the way TOR works. The real problem lies with the end user’s perception regarding TOR’s use in general and anonymity and privacy in particular.

There are various media reports that suggest that Wikileaks acquired its whistle blowing ammunition by sniffing or intercepting the traffic flowing through TOR networks. Whether this is true or not is not the real question here. The real question is what TOR is actually offering to the end users?

Interestingly, TOR is very clearly and openly explaining the scope of anonymity and privacy offered by it to the end users. Actually TOR is great for anonymity but average at privacy protection and poor at data security. This is because although the entry node encrypts the data and forwards it to the next node, the exit node sees it in clear text and unencrypted form. This means that although the ultimate site that you wish to access would see the IP address of the exit node and not your original IP address yet the exit node itself is very sure about the data you are sending to the website.

Think about a malicious exit node as a man-in-the middle attacker (MITM).that can sniff your traffic that you are sending to the ultimate website. It may include confidential information like bank accounts, passwords, governmental secret documents, etc. All of these travel in a plain text form and can be sniffed easily by the exit node. To some extent a malicious exit node is also a form of “Extended MITM” attack as the normal MITM attack occurs either at the local network or local wireless network/access point. But in case of MITM attack occurring at the exit node of TOR system, this is happening at a place far beyond your network(s) and jurisdiction. This scary fact must be kept in mind while sending unencrypted and unprotected data across TOR network.

The real problem is that an average TOR user cannot differentiate between a trusted and untrusted exit node. This differentiation is not within his direct control. But he has something great that can reduce his risks of exit node attacks. The TOR users must use great services like OpenSSH or PuTTY while sending confidential information. They may also use their own preferred end to end encryption software and systems but the main idea remains the same. TOR provides the anonymity and a secured connection provides additional privacy and security.

Using Firefox after disabling Add-ons, Active X Controls, Java Scripts, Cookies, etc can also bring additional anonymity and privacy. If you need all these functionalities, you can use two different browsers with different setting i.e. Firefox for TOR and other browser for your other tasks. These steps may not make you absolutely anonymous but would definitely solve the problem of malicious exit nodes sniffing to a great extent.

Source PTLB Blog.

Wednesday, 28 November 2012

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.

Google Is Rightly Held Liable For Defamatory Contents By Australian Court

In a recent case filed by Milorad Trkulja against search engine Google, the Australian court has held Google liable for defamatory images that were reflected in its search results.

The jury in this case concluded that the search engine was the publisher of images of Trkjulja and related information which suggested he was involved in crime. Google naturally took the defence of being an online service provider (OSP) not liable for defamatory images.

However, Google failed to realise that the safe harbour protection available to it ceases to exist the moment it is put to notice of the defamatory or any copyright infringing material and it fails to take any action upon the same.

If even after being aware of such offending material a search engine like Google does not take action, it is certainly liable for the consequences as the safe harbour protection is not available to it.

Of late Google has also been defying both Indian and US laws that pertains to copyright protection, trademarks protection and offensive contents removal laws. In fact, Google has been deleting the original and copyright protected articles and is supporting copyright infringers by not removing the copyright violating results from the search results.

A dedicated website titled websites, blogs and news censorship by Google and India and a corresponding discussion group has also been started by Perry4Law’s Techno Legal Base (PTLB) to demarcate the legal liabilities of Google for engaging in many forms of search results censorships and not taking appropriate legal action after receiving a valid content removal request.

We must ascertain is Google playing stupid or is it actually stupid? Google has been ignoring in many cases the applicable laws for removal of copyright violating material and offending contents. And merely because it is an intermediary or OSP does not protect it from civil and criminal liabilities especially when it is aware of the offending contents.