The Central Monitoring System (CMS) Project Of India

April 2013 is the month in which Indian government wishes to implement the controversial and ambitious central monitoring system (CMS) project of India. The year 2013 is also the year where the intelligence infrastructure of India may also see a boost.

Till now the national counter terrorism centre (NCTC) of India has failed to take off the ground. Similarly, the national intelligence grid (Natgrid) project of India, crime and criminal tracking network and system (CCTNS), etc are also facing a similar fate.

On the front of cyber security infrastructure of India as well, there is little progress. We have no cyber security best practices in India and law enforcement and intelligence agencies are actually working in an improper manner while dealing with sensitive information.

Crucial projects and authorities like national cyber coordination centre (NCCC) of India, national critical information infrastructure protection centre (NCIIPC) of India, telecom security directorate of India, etc are still in pipeline.

Even on the legislation front, India is deliberately postponing enactment of relevant and crucial techno legal laws. For instance, the cell site data location laws in India and privacy issues must be suitably regulated by a new law. Similarly, the cell site location based e-surveillance in India and surveillance of internet traffic in India must also be part and parcel of a new legislation.

Parliamentary oversight of intelligence agencies of India is need of the hour as intelligence work is not an excuse for non accountability. Unfortunately, the intelligence infrastructure of India has become synonymous for non accountability and lack of oversight.

Recently the Aadhaar project of India was challenged in various courts around the nation. There are serious techno legal security issues with projects like Aadhar and they must be resolved as soon as possible. Further, projects like Aadhaar, CCTNS, Natgrid, CMS, etc must also be backed by proper legislation and parliamentary oversight.

The government has to maintain a balance between civil liberties like right to privacy and law enforcement requirements. If a provision mandating compulsory cell phone location tracking for all the phones and others is formulated, it would fell afoul of the constitutional and statutory protections in India.

As on date, phone tapping can be done only through the procedure prescribe under the Indian Telegraph Act, 1885. All passive phone tapings that are not authorised under the Telegraph Act are illegal and punishable. It is immaterial whether a law enforcement agency or private person is indulging in such activity as it would remain illegal and punishable for both in such circumstances.

The real problem is that the law enforcement and intelligence agencies of India are not subject to any practical and effective parliamentary oversight. Indian government must not only make them accountable to the parliament but also formulate new laws keeping in mind the contemporary requirements. The Telegraph Act has long served its purpose and it deserves a complete rejuvenation.

We must also not forget that we have no dedicated privacy laws, data protection laws, data security laws and cyber security laws in India. In these circumstances implementing the central monitoring system project of India would raise serious constitutional challenges and Indian government must avoid the same at all costs.

Central Monitoring System (CMS) For Telephone Tapping In India

The Central Monitoring System (CMS) Project of India is a “centralised mechanism” where telecommunications and Internet communications can be analysed by the Indian Government and its Agencies.

The CMS project of India is a good and ambitious project that is required to manage national security and law and enforcement requirements of the country. However, adequate “procedural safeguards” must also be established in the system so that it is not abused for political and personal reasons.

The telephone tapping laws in India are already weak and violative of constitutional protections. We are still following the colonial telegraph act that requires an urgent repeal. Further, the information technology amendment act 2008 made e-surveillance in India a regular phenomenon. The big brother in India must not overstep the limits.

We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that a holistic and comprehensive law on telephone tapping in India as well as governing related aspects must be formulated in India. For instance, the cell site data location laws in India and privacy issues must also be covered by the proposed law. Similarly, the cell site location based e-surveillance in India and surveillance of internet traffic in India must also be part and parcel of the new legislation.

A national e-surveillance policy of India must be formulated that should cover both policy and legislative issues pertaining to CMS project and telephone tapping relating issues. Call data record (CDRs) must also be regulated and protected by adequate and strong laws.

Indian government has already started working in the direction of making the CMS project operation in the month of April 2013. A new mechanism will be put in place by the Indian government to eliminate the loopholes in authorised phone tapping by intelligence and enforcement agencies.

Under the proposed framework, a centralised mechanism would be adopted where the need to approach individual telecom service providers would be obviated. This would exclude the interaction with these service providers and make the entire process of telephone tapping more secure and leak proof. However, this would also result in abusing the telephone tapping mechanisms in the absence of adequate procedural safeguards.

The CMS project would be brought under the Department of Telecom (DoT) and will be manned by the Intelligence Bureau (IB). Some procedural changes have also been introduced in this process. For instance, a clear electronic audit trail of the phones tapped would be maintained. This would eliminate the traditional paper based trail procedure that is cumbersome and prone to leak. The entire phone-tapping system will also move to an electronic platform from the current manual system.

The CMS project, based in New Delhi, would also have four hubs in major cities of India. Proposal to curtail the discretionary power of agencies to listen into phone calls may also be implemented. The telegraph act may be suitable amended to reflect these changes.

As per the present regulatory framework, in cases of urgency the agencies can tap phones for seven days without obtaining permission. With the migration to electronic platform and adoption of CMS project, the request for sanctions will also be sent electronically which will cut down the time to obtain permission.

At Perry4Law and PTLB we believe that it would be even better if we ensure parliamentary oversight of intelligence agencies of India as well. Further, we also believe that it is high time to formulate a comprehensive and holistic telephone tapping and related law for India. We also understand that this is a very difficult and delicate task and may face stiff resistance from various quarters but the tough call has to be taken by Indian government immediately.

Source: Perry4Law Organisation Blog.

The Hacker News: Security In A Serious Way

If you are interested in reading serious cyber security and related news and views, the Hacker News is one of the best sources for the same. The security portal is also providing a magazine on this topic that is also of good quality.

The Hacker News (THN) is a privately owned Indian company based out of New Delhi, India and has been providing training and knowledge-based solutions since October 2011.

Originally founded in November 2010 by Mr. Mohit Kumar, The Hacker News has been internationally recognised as a leading news source dedicated to promoting awareness for security experts and hackers.

Supported and endorsed by administrators and members of various underground hacking groups and communities worldwide, The Hacker News (THN) has become a worldwide leader in information security.

Courts Automation Systems In India, E-Courts And Online Dispute Resolution

Indian courts have been using information and communication technology (ICT) for effective judicial functioning. New features like online cause lists, filing of cases on digital mediums like CDs, providing of judgments online, use of video conferencing, etc. are already being used by courts of India.

However, automation of courts systems in India is still far from satisfactory. We are still waiting for the establishment of first e-court of India. Till now India has been able to computerise some courts alone and e-courts functionalities are still missing.

For instance, courts automation and functionalities like e-filing, submission of notices and evidence, online cross examination, online cyber forensics support, etc are still missing.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we are managing the exclusive techno legal e-courts training and consultancy centre of India. This e-courts centre is also managing software repositories in the fields like courts automation, cyber forensics, cyber security, online dispute resolution, etc.

Further, the e-courts centre of India is also imparting techno legal trainings in the fields like cyber law, cyber forensics, cyber security, e-courts management, courts automation, judicial and legal integration system, legal management systems, e-discovery, etc.

Skills development and trainings for lawyers, public prosecutors, law enforcement agencies, judges and court master and staff is also undertaken by PTLB.

ICT can be used to bring judicial reforms in India. At Perry4Law and PTLB we believe that establishment of e-courts in India and using online dispute resolution in India for effective and alternative dispute resolution can not only bring the pending cases down but also help in providing speedy and economic justice to the litigants. 

The sooner e-courts are established in India and ODR is used for alternative dispute resolution the better it would be for the legal and judicial system of India.

Source: Legal Enablement Blog Of PTLB.

USPTO Grants Apple Trademarks For Its Retail Outlets Designs And Layout

Apple has been vigorously protecting its brand and trademark around the world. In one such example, the US Patent and Trademark Office (USPTO) accepted Apple's request last week for trademarks on the minimalist design and layout of its retail outlets.

With a booming e-commerce in India, Apple must be planning to protect its brand and trademark in India as well. Apple has already showed its displeasure for the Asian region, especially in China. In 2011, authorities in the Chinese city of Kunming stopped 22 fake Apple stores from illegally using the company's trademarks after Apple lodged a complaint with authorities.

Since trademark is territorial in nature, Apple must also protect its interests in the Indian territory. Intellectual property rights (IPRs) in India are well known and India has a strong trademark law in the form of Trademarks Act, 1999.

Further, international registration of trademarks under Madrid Agreement and Madrid Protocol can also be explored by Apple. The Madrid Agreement and Madrid Protocol and its applicability and implementation in India are still in a flux.

Apple said in its application in May, 2010 that it was not claiming color as a feature of the mark. The mark consists of the distinctive design and layout of a retail store, it said.

Apple must be very careful while engaging in e-commerce activities in India. 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. Similar regulatory requirements do exist in other countries as well.

For instance, Apple was recently fined in Beijing Court for unauthorised e-book sales. Similarly, there are many cyber laws due diligence requirements in India that companies like Apple must comply with in India in order to engage in legally sustainable e-commerce business activities.

There are many techno legal compliance requirements that e-commerce portals, including Apple, Amazon, E-Bay and others, 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.

At the end of the day managing techno legal IP a requirement is of great importance to all concerned who are eying upon India as a market.

Source: IPR Services In India.