Showing posts with label PERRY4LAW. Show all posts
Showing posts with label PERRY4LAW. Show all posts

Friday, July 1, 2011

Online Lawyers Professional Trainings In India And Asia

Indian government has been taking information and communication technology (ICT) seriously these days and the same applies to law ministry as well. Law ministry has been planning to use ICT for multiple legal and judicial purposes. From legal education and training to establishment of e-courts in India, law ministry of India has plans for all.

Lawyers play the central role in all legal and judicial reforms. However, legal fraternity is also the one that is most neglected and most indifferent towards ICT and professional education and trainings. Once the basic law degree is acquired, the quest for education and training of lawyers ends. They cannot be blamed for this due to their hectic schedule. However, continuous legal education and professional trainings are too important to be ignored.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we understand the importance of good professional education and training for lawyers. We also appreciate that lawyers do not have a free schedule to attend regular classes. That is why we have devised the medium of e-learning and online education and learning in India, Asia and other parts of the world.

While basic level courses of are managed by PTLB, highly specialised courses are undertaken by Perry4Law Techno Legal ICT Training Centre (PTLITC). Further, techno legal skills development initiatives are also undertaken by PTLB. Further, crucial areas like continuing legal education in India (CLE in India) and legal lifelong learning in India are also taken care of by PTLB.

If you are a lawyer, whether a litigation lawyer or a corporate one, consider enrolling with PTLB to enhance your skills and expertise.

Digital Preservation Mandates Of Public Records Act 1993

Digital Preservation in India and Digitilisation of traditional records are in the infancy stage. This is so because we have no Legal Framework for E-Governance in India. We have no law that mandatorily requires creation of Electronic Records. Of course, very soon such law may be required due to International pressure and National requirements.

Information Technology Act, 2000 (IT Act, 2000) is the sole Cyber Law of India. It deals with E-Commerce, E-Governance, Cyber Crimes, etc. It also provides a “Digital Framework” for ensuring Digitilisation, Electronic Documents Creation and their use in Government Departments. This “Research Report” of Perry4Law and Perry4Law Techno Legal Base (PTLB) is briefly analysing the relationship between IT Act, 2000 and Public Records Act, 1993 (PRA 1993).

Section 2 of IT Act, 200 deals with definitions that are relevant for PRA 1993 purposes. Section 2(1) provides that in this Act, unless the context otherwise requires:

(i) "Access" with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network.

(ii) "Affixing Electronic Signature" with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of Electronic Signature.

If documents are issued by NIA in electronic form, they have to be authenticated by using electronic signatures. Unauthenticated electronic documents would not create any right or liability either under the IT Act, 2000 or under the PRA 1993.

(iii) "Asymmetric Crypto System" means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature.

Digital Signatures are based upon Asymmetric Crypto System and they can be used for “Authentication Purposes” by NAI.

(iv) "Computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.

(v) "Cyber Security" means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction.

Cyber Security is an issue that is of “Paramount Importance” for the NAI. When Digitilisation and Digital Preservation would be adopted by NAI, Electronic Documents and Digital Resources would be required to be protected from Cyber Attacks. A Techno Legal Strategy must be formulated by NAI in this regard.

(vi) "Data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer.

(vii) "Digital Signature" means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3.

(viii) "Electronic Form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device.

(ix) "Electronic Record" means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche.

(x) "Electronic signature" means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes digital signature.

(xi) "Information" includes data, message, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche.

(xii) "Intermediary" with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes.

(xiii) "Key Pair", in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key.

(xiv) "Private Key" means the key of a key pair used to create a digital signature.

(xv) "Public Key" means the key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate.

(xvi) "Secure System" means computer hardware, software, and procedure that-

(a) Are reasonably secure from unauthorised access and misuse;

(b) Provide a reasonable level of reliability and correct operation;

(c) Are reasonably suited to performing the intended functions; and

(d) Adhere to generally accepted security procedures.

(xvii) "Security Procedure" means the security procedure prescribed under section 16 by the Central Government.

(xviii) "Verify" in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions means to determine whether:

(a) The initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;

(b) The initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature.

Section 2 (2) of the IT Act, 2000 provides that any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

Section 4 of the IT Act, 2000 provides Legal Recognition to Electronic Records. It says that where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is

(a) Rendered or made available in an electronic form; and

(b) Accessible so as to be usable for a subsequent reference

Section 5 of the IT Act, 2000 provides legal recognition to Electronic Signature. It says that where any law provides that information or any other matter shall be authenticated by affixing the signature or any document should be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.

Explanation to section 5 provides that for the purposes of this section, "Signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "Signature" shall be construed accordingly.

Section 6 of the IT Act, 2000 deals with use of Electronic Records and Electronic Signature in Government and its agencies. Section 6(1) of the Act provides that where any law provides for

(a) The filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;

(b) The issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner;

(c) The receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.

Section 6(2) of the Act provides that the appropriate Government may, for the purposes of sub-section (1), by rules, prescribe -

(a) The manner and format in which such electronic records shall be filed, created or issued;

(b) The manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause (a).

Section 6A (1) of the IT Act, 2000 provides that the appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the Official Gazette.

The Explanation to Section 6A (1) of the IT Act, 2000 provides that for the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor form or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.

Section 6A of the IT Act, 2000 reflects the intention of Indian Government to provide Electronic Services Delivery in India. In fact, Electronic Services Delivery Bill, 2011 has already been proposed and if implemented would ensure many Electronic Services to Indians.

NAI must start working in the direction of providing its Service Online, if not already done. Even the non-service related matters and matters pertaining to the NAI are already required to be provided online in an Electronic Form as per the requirements of Section 4(1) of the RTI Act, 2005.

Section 7 of the IT Act, 2000 deals with retention of electronic records. Section 7(1) of the Act provides that where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if-

(a) The information contained therein remains accessible so as to be usable for a subsequent reference;

(b) The electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;

(c) The details which will facilitate the identification of the origin, destination, date and time of dispatch or receipt of such electronic record are available in the electronic record.

The Proviso to Section 7 (1) provides that this clause does not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be dispatched or received.

NAI can convert its Records and Public Records into Electronic Form. Digital Preservation of Records or Public Records can also be done by NAI. While current records can be digitilised non current records can be digitilised and made available to public and researchers as the Electronic Services by NAI.

Section 7(2) of the Act provides that nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records.

For instance, the RTI Act, 2005 provides for creating of many records in digital form and available to the public in an online environment. Similarly, the proposed Electronic Services Delivery Bill 2011 also requires providing of Services in online environment. This would also require digitilisation of Records and Public Records by NAI.

Section 7A of the IT Act, 2000 provides that where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in electronic form.

Audit of Electronic Documents would also be undertaken in future. Just like NAI has to maintain proper paper based documents, it would be required to main proper Electronic Records as well.

Section 8 of the IT Act, 2000 provides that where any law provides that any rule, regulation, order, bye-law, notification or any other matter shall be published in the Official Gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in the Official Gazette or Electronic Gazette.
The proviso to section 8 provides that where any rule, regulation, order, bye-law, notification or any other matters published in the Official Gazette or Electronic Gazette, the date of publication shall be deemed to be the date of the Gazette which was first published in any form.

NAI can publish its Rules, Regulations, etc in Electronic Gazette.

Section 9 of the IT Act, 2000 provides that Sections 6, 7 and 8 would not to confer right to insist document should be accepted in electronic form. Section 9 says that nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

This is a real “Disabling Provision” that is preventing the actual accomplishment of Electronic Services Delivery in India. By making it “Discretionary” India Government has kept at bay for long the Electronic Delivery of Services to Indians. The latest proposed Electronic Services Delivery Bill 2011 addresses a very small and insignificant portion of the Electronic Delivery of Services in India and till now Electronic Services cannot be claimed as a “Matter of Right”.

However, by virtue of RTI Act, 2005 “Providing Information” about Governmental Departments in Electronic Form has been made “Compulsory”. But till now there is no Law or Provision that makes Delivery of Electronic Services Mandatory in India. This is a “Serious Issue” that must be resolved as soon as possible.

Section 11 of the IT Act, 2000 deals with attribution of Electronic Records. Section 11 says that an electronic record shall be attributed to the originator

(a) If it was sent by the originator himself;

(b) By a person who had the authority to act on behalf of the originator in respect of that electronic record; or

(c) By an information system programmed by or on behalf of the originator to operate automatically.

There may be other provisions of IT Act, 2000 that may be relevant for NAI and PRA 1993 purposes. But for the time being, they are not mandatory in nature. We hope this “Research Report” by Perry4Law and PTLB would be useful for Government Departments in general and national archives of India in particular.

Thursday, June 30, 2011

E-Discovery Laws And Practices In India

Electronic discovery or e-discovery is a crucial component of corporate management, litigation services, response management, cyber security and so on. E-discovery is used for multiple purposes and by varied organisations and individuals these days.

E-discovery has many purposes to achieve. It can be used as an effective measure to prevent frauds from being committed by timely detection of suspicious activities. It can also be used for detection of these frauds and crimes after their commission. Thus, e-discovery is both preventive and curative in nature. However, despite the significance of this field, e-discovery in India has yet to get attention of Indian companies, individuals and law firms of India.

Even on the front of legal framework we have no e-discovery laws in India as well as e-discovery regulations in India. This is despite the fact that e-discovery is an important part of outsourcing industry of India. This has lead to a limited growth of e-discovery related legal process outsourcing (LPO) and knowledge process outsourcing (KPO) firms and organisations in India. There are very few firms in India that are providing e-discovery related LPO and KPO services in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we understand the importance of e-discovery solutions and litigation services to various organisations and individuals. In fact, PTLB is the exclusive institution that is providing techno legal e-discovery related solutions and litigation services. We consider both technical as well as legal aspects of e-discovery and digital evidencing in depth so that acquired information has “probative and evidentiary value”.

E-discovery should never be a simple discovery but it must be undertaken in such a manner that it meets the requirements of “admissibility” in a court of law. Many times e-discovery is not done properly and this results in the evidence acquired being held inadmissible by the courts.

Before hiring the services of a law firm, be sure to ensure that it has techno legal expertise to manage your e-discovery related assignment.

Wednesday, March 9, 2011

First Techno Legal Cyber Crimes Investigation Manual Of India

Cyber law is a technical subject and this is the reason why law enforcement officials, lawyers and judges find it difficult to understand and apply. This is also the reason that we have a very bad conviction ratio for cyber criminals in India.

The task of police, lawyers and judges would become easier if there is a ready reference that they can refer and rely upon in cases of cyber crimes. Perry4Law Techno Legal Base (PTLB) and Perry4Law are in the process of writing the first and exclusive techno legal cyber crimes investigation manual of India.

The proposed manual would briefly cover areas like cyber law, cyber crimes, cyber forensics, incidence response, authorship attribution, anonymity, traceability, privacy issues, etc. It would also cover national and international best practices in this regard. The manual is in the final phase of preparation and it may be available to governmental departments and general public after few months.

In fact, an exclusive, extensive and techno legal cyber forensics investigation manual/book has already been written by Praveen Dalal, Managing Partner of Perry4Law and CEO of PTLB. These two manuals/books would cover almost the entire gamut of cyber law, cyber crimes and cyber forensics jurisprudence of India.

Perry4Law and PTLB are also in the process of writing manuals and books in other fields as well. So keep a close watch for the same at this platform and other sites of Perry4Law and PTLB.

We hope Indian government and other stakeholders would find these books/manuals useful and would actively utilise them for effective cyber law and cyber crimes investigations.

Tuesday, March 9, 2010

First E-Judiciary Training And Consultancy Centre Launched In India

India is at the initial stages of establishment of electronic courts (e-courts). Though India has done a good job by computerising the courts at various levels yet it is still far from the establishment of even the first e-court of India. It seems the e-courts project of India needs a techno-legal training boost.

Perry4Law and PTLB have launched the first ever e-courts training and consultancy centre of India and perhaps first of its kind in the World. A “prototype” of the same is available to the public and stakeholders till the final website is out.

Efforts in the direction of establishment of e-courts in India have been in process since 2003 and significant development in the sphere of computerisation has already been achieved. It is at this stage that there seems to be stagnation of e-court project of India and this initiative by Perry4Law would facilitate in the smooth and hassle free migration of e-court project to the next level.

India must understand that E-courts are much more that mere connectivity and computerisation of traditional courts. The moment e-filing, presentation, contest and adjudication of the cases in an online environment would start, India would surely be capable of establishing e-courts.

Monday, February 22, 2010

Techno-Legal Education In India Got A Boost

Legal education in India is in the process of transformation. However, there are urgent educational and legal reforms that must be undertaken by India as soon as possible. One such area that requires urgent attention is the amalgamation of legal education with information and communication technology (ICT). For instance, cyber law is an important facet of such an interaction of technology and law.

Indian educational system is more academic than professional. As a result although India has good population that is academically sound yet when it comes to practical and real life experience and work, they do not perform reasonably well. Various studies and research in India have suggested that out of the educated masses only 15 to 25% are fit for being absorbed at job places.

In short, India is running short of institutions that can impart good techno-legal skill development education, training and coaching. Perry4Law and PTLB have launched the first ever “Techno-Legal Online Coaching, Training and Education Centre” in India that aims at developing the skill and talent of the students and professionals seeking a good career in cyber law and allied fields.

Interested students, teachers and partners wishing to be part of the project as well as future projects and initiatives of Perry4Law must contact it as soon as possible. The contemporary skill requirements are multi disciplinary in nature where a computer science student or professional must also have basic level of legal knowledge. The proposed initiative keeps this in mind and students and professionals from all the educational streams are encourage getting themselves enrolled.

The government of India must also come up with a good educational policy as well as sound legal reforms so that legal sector may meet the contemporary international standards and requirements.

SOURCE: GROUND REPORT

Cyber Law Training And Coaching In India Rejuvenated

Cyber law is a subject that is less appreciated and even lesser applied in India. Whether it is the law making in this regard or its execution and enforcement, by and large cyber law scenario in India needs rejuvenation.

The position in this regard cannot be improved till we inculcate appropriate knowledge and skills at the initial stages of education. Cyber law education in India is at its infancy stage and is maturing towards a qualitative one. However, there is a growing need for good “Techno-Legal Institutions” that can manage the growing demand for cyber law coaching, education and training in India.

Fortunately, one such initiative has already been undertaken by Perry4Law and its Techno-Legal Segment known as Perry4Law Techno-Legal Base (PTLB). Perry4Law is the First and Exclusive Techno-Legal ICT Law Firm of India and is World renowned in techno-legal fields like cyber law, cyber forensics, cyber security, etc.

To cater the growing demands for qualitative techno-legal education in India and abroad, the coaching, training and education segment of PTLB has been launched. Presently, it would be providing “Online Cyber Law Coaching and Internship” to law graduates, law students, graduates and professionals of various disciplines and streams, etc. This is a golden opportunity for those who wish to make a mark in the field of cyber law. Since the seats are “limited” an early enrollment would be beneficial for the serious students.

To facilitate an effective two mode communications between students and teachers on the one hand and Perry4Law on the other, an online “Information Centre” has been established. This information platform would announce and publish all the relevant information regarding the proposed initiative from time to time. Students, teachers and other interested persons are advised to regularly visit this platform. This platform also contains many crucial and important information that must be read before finally applying.

For those who are looking forward for “Domain Specific” and “Highly Skilled Training”, a separate initiative has been launched by another segment of Perry4Law. The same would also be functional very soon.

SOURCE: MYNEWS

Friday, January 22, 2010

BACKTRACK 4 FINAL RELEASE: AN ESSENTIAL TOOL IN YOUR CYBER SECURITY AND CYBER FORENSICS ARSENAL

The final and stable version of Backtrack 4 series is a wonderful penetration testing, cyber security and cyber forensics tool. It is not only a powerful utility but is also useful for multiple purposes. The best part is that it is available to the security and forensics community free of cost.

Although Backtrack has always been a good tool but its team(s) must be congratulated for not only providing it free of cost but also for keeping pace with the contemporary cyberspace challenges. The latest stable and final release has also added the cyber forensics functionality. The best part about this feature is that it is claimed to be safe from making changes to the system under inspection. Although Perry4Law and Perry4Law Techno-Legal Base (PTLBTM/SM) have yet to test the tool but the claimed features are very promising.

A successful cyber forensics examination must essentially gather both volatile as well as non-volatile data and information. Also during the live analysis of a system, files and data should not be overwritten. Similarly, there should not be any change in the integrity of the information residing on the suspected computer or device. Backtrack 4 meets many of these requirements but it still has to enhance the cyber forensics features further. It is very difficult to provide security and forensics functionalities at the same time yet Backtrack 4 is proceeding in the right direction.

All interested person must give it a try and the same can be downloaded from the website of Backtrack. Perry4Law and PTLB are in the process of analysis and use of Backtrack 4 and would come up with their observations and suggestions. For the time being it would be a good idea to start gaining the basic knowledge of Linux.

We are also analysing other freely available cyber security and cyber forensics distributions. There are many freely available and dedicated cyber forensics distributions that are worth trying. Similarly, there are dedicated cyber security softwares that are freely available. We would be covering them one by one.

Sunday, January 17, 2010

Cyber Laws All Over The World Are Becoming Unreasonable And Oppressive

Cyber Laws all over the World are intentionally designed to violate civil rights like privacy, speech and expression, etc. They are also intentionally formulated to facilitate “Internet Censorship” and “E-Surveillance” beyond the legitimate limits of “National Security”. This approach is more dangerous and is detrimental to the national security in the long run.

The Google’s episode regarding China’s censorship shows the growing hunger of various nations for Internet censorship and e-surveillance. India is no different from China when it comes to “Internet Censorship” and “E-Surveillance”, though the extent and degree may be somewhat lesser. The Information Technology Act 2000 (IT Act 2000) is the sole cyber law of India that was amended by the Information Technology Act 2008 (IT Act 2008). From here starts the real problem.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “The IT Act 2008 made India a “Safe Heaven” for cyber criminals on the one hand and an “Endemic E-Surveillance Society” and “Internet Censorship State” on the other hand. It seems the main aim of the proposed IT Act 2008 was to strengthen the “Internet Censorship” and “E-Surveillance Capabilities” of India.

With the passage of IT Act 2008 India has now officially become an endemic e-surveillance society. The amendments have provided unregulated, unconstitutional and arbitrary e-surveillance and Internet censorship powers to Government of India and its agencies and instrumentalities, says Praveen Dalal. The fact is that India has become an E-Police State, states the ICT Trends of India 2009.

Surprisingly, Minister of State for Communication Sachin Pilot believes that Indian cyber law is strong enough to meet the challenges posed by technology-assisted terrorism and cyber-terrorism. It seems he has not gone through the present IT Act 2000 after its 2008 amendments.

Some observers in India have rejoiced the exit of Google from China believing that it may be a good opportunity for India. However, they fail to understand the “ground reality” that India is no different from China when it comes to Internet Censorship and E-Surveillance. If India does not abdicate its alliance to Internet censorship and e-surveillance similar incidence may happen in India as well.

SOURCE: ITVOIR

Thursday, December 24, 2009

National Security And Internal Security Infrastructure Of India

National security of India has recently received a rejuvenation attempt by the Government of India (GOI). This is good news at a time where the national security issues are grossly ignored in India. The national security of India and internal security of India are suffering not only on the count of lack of political will but also due to absence of suitable policies and strategies.

The ICT Trends of India 2009 have also proved that India has failed on the fronts of Cyber law of India, Cyber Terrorism in India, E-Courts in India, E-Learning in India, Unique Identification Project of India, Serious Frauds and White Collar Crimes, National Security Issues, Crime Reporting by Media, Internet Banking Frauds, Cyber Security of Defense Forces, Cyber War in India, E-Surveillance in India, etc.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Indian approach in this regard is not sensible at all. We should not invest thousands of crores of Indian rupees into security projects that can be manipulated and sabotaged in minutes. Rather we should first analyse the weaknesses and security holes of the same before buying and installing it.

After all security of a Nation is proper application of “common sense” rather than wasting unlimited amount of money. Crime and Criminal Tracking Network & Systems (CCTNS) of India, Unique Identification Authority of India (UIAI), Rs 800 crores centralised facility to control phone tapping activities in India, etc are some of the projects that require common sense application before their implementation. They have to be tested in a “limited environment” before using them in a full fledged manner, says Praveen Dalal.

It seems Indian security initiatives have to be holistically analysed and suitably applied. The Indian security infrastructure and workforces are not in good shape and require rejuvenation. We need a techno-legal security workforce and not personnel who do not have even the basic facilities and technological means and knowledge. The terrorist attacks have really shattered the deep pervasive false sense of security present in the Indian government mentality. We have to think and act against such internal and external threats by going beyond a "political debate". We can fool ourselves by bragging about India’s capabilities and victories against terrorism and cyber terrorism and keep on facing future attacks and bear the traumatic casualties. Alternatively, we must accept our weaknesses against such attacks and take constructive steps to anticipate, prevent and counter such future terrorist and cyber terrorism activities, warns Praveen Dalal.

With a new ray of hope shown by the recent stress upon national security of India we can expect some good results in this direction. However, India is famous for mere assurances and proposals without actually implementing them. Similarly, due to faulty management and policies even the implemented projects have failed in the past. Let us hope that this time India would do the proper homework before starting an initiative that it cannot implement and run.

SOURCE: MYNEWS

Monday, November 30, 2009

TECHNO-LEGAL E-LEARNING, HIGHER EDUCATION AND LIFELONG LEARNING CONSORTIUMS AND PARTNERSHIPS

Perry4Law is the First and Exclusive Techno-Legal ICT Law Firm in India and one of the best in the World. Perry4Law Techno-Legal Base (PTLBTM/SM) is managing various Techno-Legal Consultancy, Litigation, Research, E-Learning, Higher Education and many more such “Highly Specialised” and “Domain Specific Services”.

Some areas where Perry4Law can collaborate and provide its Specialised Techno-Legal Services in the E-Learning, Higher Education, Life Long Education Fields are:

(1) Educational Consortiums, Partnerships, Research Partnerships, etc

(2) Lifelong Learning, Adult Education, Continuing Education,

(3) E-Learning Collaborations and Partnerships,

(4) Certified Courses awarding Diploma(s) and Certificate(s),

(5) Techno-Legal Knowledge and Skill Development,

(6) Faculty Development Programs (FDPs),

(7) Contents Development and Upgradation,

(8) Techno-Legal Partnerships after signing Memorandum Of Understandings (MOUs), etc.

For availing the Techno-Legal Professional Services of Perry4Law in the abovementioned fields, visit its “Contact Point” and fulfill the prerequisites mentioned therein.

Sunday, November 29, 2009

TECHNO-LEGAL SUPPORT AND TRAINING FOR CRIME AND CRIMINAL TRACKING NETWORK AND SYSTEMS (CCTNS) PROJECT OF INDIA


Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project) has been approved by the Cabinet Committee on Economic Affairs. It has a financial cushion of Rs.2000 Crores as per the 11th Five Year Plan. The Project would be initiated by the Ministry of Home Affairs and implemented by the National Crime Records Bureau. The CCTNS project is to be implemented in a manner where the major role would lie with the State Governments in order to bring in the requisite stakes, ownership and commitment, and only certain core components would be in the hands of the Central Government, apart from the required review and monitoring of project implementation on a continuing basis.

The broad objectives of the CCTNS project are streamlining investigation and prosecution processes, strengthening of intelligence gathering machinery, improved public delivery system and citizen-friendly interface, nationwide sharing of information across on crime and criminals and improving efficiency and effectiveness of police functioning. The Project aims to fulfill various specified objectives over a period of three years. An indicative list of e-services expected from CCTNS to citizens would be filing of complaints / information to concerned Police Station; obtaining status of complaints / cases registered at Police Stations; obtaining copies of FIRs, post-mortem reports and other permissible documents etc.

CCTNS Project is a complicated and time consuming initiative. It must be preceded by suitable “Policy Framework” as well as by “Adequate Techno-Legal Training” of the persons going to manage the same. A similar initiative undertaken by the US Government to modernise the FBI’s crime tracking system known as the “Virtual Case File” failed miserably due to lack of planning and effective strategies. There is no sense in wasting Rs.2000 Crores and then realising that grave mistakes failed the much needed imitative. We must “Eliminate all the possible and anticipated causes of failures” one by one to achieve the best results. We must enhance a “Techno-Legal Training Infrastructure” before jumping upon this unexplored arena.

Perry4Law is one such “Techno-Legal Training Providers” which can manage the Policy, Training, Education, Implementation, Enforcement and Other Aspects of the CCTNS Project and similar projects. Perry4Law is the First and Exclusive Techno-Legal ICT Law Firm of India and one of the Best in the World. It is providing Techno-Legal Services regarding Cyber Law In India, Cyber Security in India, Cyber Forensics In India, Due Diligence And Cyber Law Compliances In India, ADR And ODR In India, etc. Perry4Law is the only Firm that is providing Services regarding E-Courts In India, E-Judiciary In India, Digital Evidencing In India, Legal Enablement Of ICT Systems In India, Techno-Legal And Cyber Law Expert Witness Services In India, Critical Infrastructure Protection In India, Critical ICT Infrastructure Protection In India, Legal Framework For Information Society In India, etc.

PTLBTM/SM is one of its Premier and Highly Specialised Techno-Legal Initiatives that is providing Consulting, Litigation, Training, Education and Skill Development Services regarding Cyber Law In India, Cyber Security In India, Cyber Forensics In India, Cyber Terrorism in India, Cyber War in India, Ethical Hacking in India, etc.

Perry4Law and PTLBTM/SM also possess Techno-Legal Expertise to provide “International Best Practices” and implementation of “Models and Functionality” in the areas of “Policing, Public Security, National Security, Internal Security, etc regarding CCTNS Project and similar Projects. Perry4Law has also provided a “10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India” to the Government of India. Further, Perry4Law has also provided a techno-legal Framework for E-Surveillance in India and its limits, legalities, constitutionality, etc.

For availing the Cyber Law, Cyber Security, Cyber Forensics and other Techno-Legal Professional Services of Perry4Law, visit its “Contact Point” and fulfill the prerequisites mentioned therein.

Thursday, February 7, 2008

CRITICAL ICT INFRASTRUCTURE PROTECTION IN INDIA: NEED OF THE HOUR

In recent years, the frequency and sophistication of cyber security attacks on global Critical Information and Communication Technology (ICT) Infrastructure (Critical ICT Infrastructure) has greatly increased. Cyber-security experts have been warning of the vulnerability of Critical Infrastructure like Power, Energy, Transportation, Water Systems, etc to malicious hackers. Recently hackers have penetrated power systems in several regions outside the U.S. and in one case caused a power blackout affecting multiple cities. This shows the importance of a “Robust Cyber Security Mechanism” for Critical ICT Infrastructure. The Cyber Security Trends in India are not very encouraging.[1] To worsen the situation we have a weak Cyber Law in India.[2] Critical Infrastructure Protection in India must be taken seriously in the larger interest of Indian Citizens/Persons. Crisis and Risk Management by improving security systems integration, interconnectivity and interoperability would help India a lot.[3] The Power and Energy Sector of India must also take the cyber security risks seriously as their ignorance may bring disastrous results. The Government of India has still not shown its “E-Readiness” to accept this reality despite the suggestions and recommendations of Perry4Law and PTLB TM/SM in this regard. India also performed poorly as per the norms and standards of “UN E-Government Survey-2008”. This work is also an appeal to the Government of India to take “Cyber Security Seriously” in India. Cyber Security is witnessing many important phases and trends. From the perspective of mere “fun game” cyber crimes and contraventions have emerged as “professional activities” and have been transformed into a “profession” itself. No country of the world is safe from various cyber crimes and contraventions and all are struggling hard to tackle them. But the fact remains that law and its enforcement are lagging far behind than the standards and practices needed to effectively curb them. The Cyber Security in India is missing and we have a weak Cyber Law in India. We have to develop technologies and capabilities to protect Indian Citizens/Persons in areas such as transport, civil protection, energy, environment, health, etc. Additionally we have to increase the Security of infrastructures and utilities supporting areas such as ICT, transport, energy and services in the financial and administrative domain, etc. Critical Infrastructure Protection in India must be taken seriously in the larger interest of Indian Citizens/Persons. Crisis Management by improving security systems integration, interconnectivity and interoperability would help people of India a lot. The first step towards establishment of a safe and secure cyber space is enactment of a stringent cyber law. The cyber security initiatives are of no use in the absence of a strong, safe and effective law. Similarly, a strong law unsupported by ICT Security and Cyber Security would be impotent in effect. Thus, we need a “Good Combination” of cyber law and cyber security initiatives. Cyber Law in India is witnessing ups and downs of important dimensions. The journey from its origin to its development is not very smooth and conducive for the ICT oriented Indian society. Perry4Law and PTLB TM/SM have been raising these issues from considerable period of time. Though most of the recommendations given by them have been accepted by the Government of India, yet India has to cover a long distance. India must concentrate upon:

(a) Technology building blocks for creating, monitoring and managing secure, resilient and always available information infrastructures that link critical infrastructures,

(b) Risk assessment and contingency planning for interconnected transport or energy networks,

(c) Modelling and simulation for training of concerned officials and manpower,

(d) Optimised situational awareness through intelligent surveillance of interconnected transport or energy infrastructures,

(e) ICT support meeting crises occurring in critical infrastructures,

(f) Security issues with regard to the interaction of individuals with the digital world, etc.
In today’s electronic era, citizens and businesses expect and demand access to reliable, transparent and uninterrupted e-government services. The State must address the challenges associated with protecting confidential information on its systems while providing these groups with the required information. A reliable and uninterrupted e-governance base requires periodic vulnerability assessments. Perry4Law and PTLB TM/SM believe that if commercial and government organisations reevaluate their security, safety, and financial obligations to customers, shareholders, employees, and citizens, the importance of a properly implemented security vulnerability assessment is apparent. The duty of the State in this regard is not only absolute but is also unavoidable unless we ignore the important lesson that Estonia has learnt recently. Let us hope for the best in this regard in the Indian context.

© Praveen Dalal. All rights reserved with the author.
*Techno-Legal ICT, IPR and Cyber Security Specialist at
PTLB TM/SM
Managing Partner-Perry4Law (First Techno-Legal and ICT Law Firm, New Delhi, India).
LL.M, Ph.D (Cyber Forensics in India: A Techno-Legal Perspective).
Contact at:
perry4law@yahoo.com , pd37@rediffmail.com

[1] Praveen Dalal, “ Cyber Security Trends by PTLB”, http://reclaiming-india.blogspot.com/2007/12/cyber-security-trends-by-ptlb-2007.html

[2] Praveen Dalal, “ Cyber Security Trends by PTLB: Cyber Law in India”, http://reclaiming-india.blogspot.com/2007/10/cyber-security-trends-by-ptlb-cyber-law.html

[3] Praveen Dalal, “ Cyber Security Trends by PTLB: Cyber Terrorism and Risk Management”, http://www.bloggernews.net/111624