Sunday, September 18, 2011

ICT Training Institutes In India

Information and communication technology (ICT) has transformed the way we live in today’s environment. All aspects of our day to day life have ICT as an essential component. ICT has also transformed the way trainings are imparted for various professional courses.

These days training, education and courses are imparted in an online environment through e-learning method. Skills developments are also performed in an online environment. However, there is a shortage of good ICT training institutions in India.

Today employers and companies are not looking for just academic degrees or diplomas. In fact, they are looking for actual skills and practical knowledge. This makes a dominant majority of our educated young generation jobless.

The aim of any education must be to develop skills and expertise rather than imparting mere academic discourse. India must work in this direction and ICT training and education institutions must be encouraged.

At Perry4Law Techno Legal Base (PTLB) we are working in this crucial direction. PTLB manages the exclusive techno legal ICT training and education centre of India. PTLB also provides the exclusive techno legal e-learning in India and world wide.

Some of the courses and trainings offered by PTLB include cyber law, cyber security, cyber forensics, cyber crime investigation, cyber fraud investigation, etc. Besides areas like e-commerce, e-governance, e-courts, electronic delivery of services, Natgrid, CCTNS, etc are also covered. Interested individuals and organisations may contact PTLB in this regard for these trainings, courses and partnership offers.

Saturday, September 17, 2011

Legal E-Learning Courses In India

E-learning has changed the entire game of education providing in India. In a country like India, qualitative and timely education is very difficult to find. Universities, colleges and educational institutions of India are not only overcrowded but they are also following the traditional and old academic model.

This has sacrificed practical trainings and skills development in India to a greater extent. Skills development for technical education in India is especially in urgent need of rejuvenation. Online skills development in India through e-learning is a viable option to fill this gap that is costing us skilled workforce in India.

Legal e-learning in India has also witnessed a growing interest in India. At Perry4Law Techno Legal Base (PTLB) we provide exclusive techno legal e-learning education, courses, trainings, etc. Techno legal e-learning in India by PTLB has the unique advantage that it combines both technical as well as legal knowledge that very few in the world are doing.

Some of the courses where e-learning can play a conclusive role in India include cyber law, cyber security, cyber forensics, due diligence, intellectual property rights, digital evidence, e-courts, Natgrid, CCTNS, human rights in cyberspace, etc.

PTLB provides all these and many more techno legal e-learning courses in India and world wide. A prototype of the techno legal e-learning courses of PTLB is available to have an idea about the basic level techno legal courses of PTLB (PDF).

Since this initiative of PTLB is an online initiative, students and professionals from any part of the world can get themselves enrolled. The application form (Doc) for getting enrolled to various courses of PTLB is also available online.

Indian government must announce incentives and supports for private institutions that are providing valuable trainings and education through e-learning methodology. This is more so in the legal field where e-learning is almost non existent. We hope our initiatives would prove useful to all concerned.

Sunday, September 11, 2011

Electronic Warfare Would Be The Norm In Future

Electronic warfare is assuming the centre stage in the present day’s warfare. Signal intelligence (SIGINT) is often combined with electronic warfare to make it more effective. Incidences of use of technology for electronic warfare and SIGNIT are on rise.

For instance, approximately two years before, the Pentagon fixed a security breach that allowed insurgents to hack into data feeds from pilotless "drone" aircraft that provide real-time video of war zones.

Iraqi militants developed a mechanism to track the drones and attack them before they could have strike. They used commonly and cheaply available software named SkyGrabber to shoot down highly sophisticated US drones. SkyGrabber helped in capturing the drone feeds in order to neutralise the same.

This means, in this era of electronic warfare we have to apply common sense first before relying upon and procuring technology worth of millions.

In a recent example, a US military reconnaissance plane came under electronic attack from North Korea and had to make an emergency landing during a major military exercise in March.

The plane suffered disturbance to its GPS system due to jamming signals from the North's southwestern cities of Haeju and Kaesong as it was taking part in the annual US-South Korea drill. The incident was disclosed in a report that Seoul's defense ministry submitted to Ahn Kyu-baek of parliament's defense committee. Spokesmen for the defense ministry and US Forces Korea declined to comment.

Jamming signals, sent at intervals of five to 10 minutes on the afternoon of March 4, forced the plane to make an emergency landing 45 minutes after it took off. The signals also affected South Korean naval patrol boats and speedboats, as well as several civilian flights near Seoul's Gimpo area, according to the report.

Seoul mobile users also complained of bad connections, and the military reported GPS device malfunctions as the South and the US were staging the drill, which was harshly criticised by the North.

The Communist state has about 20 types of jamming devices, mostly imported from Russia, and has been developing a new device with a range of more than 62 miles (100 kilometers) near the heavily-fortified border.

Signal jamming is also used for blocking radars to perform their designated tasks. Further, signal jamming can also be used to jam mobile or wireless communications. In future, signal jamming may be used more severely and frequently.

Friday, September 9, 2011

Jeff Radebe Denies Regulation Of Blackberry’s Messenger Services In South Africa

Research in Motion’s (RIM) Blackberry Service is under fire and facing E-Surveillance Regulations in various Nations. Of course, this is a “gross lack of understanding” of Technology and a “futile exercise” to control the same.

India is one such Nations that believe that E-Surveillance is better than and a substitute of Cyber Security. India seems to be a country that believes that an Internet Kill Switch can be a solution to Cyber Threats. As a result it forced Blackberry to provide a framework that would allow Indian Intelligence Agencies to monitor contents on its Messenger Service. Thus, Blackberry’s Messenger Service is now an E-Surveillance tool in India.

However, we have seen “positive developments” as well. For instance, United Nations has declared that Right to Internet Connection a Human Right. Similarly, recently the Council of Europe’s drafted a Resolution on abuse of State Secrecy and National Security respecting the Civil Liberties. The latest to add to this list is the declaration by South Africa’s Justice Minister Jeff Radebe that South Africa has no plans to regulate Blackberry's encrypted message service BBM for the Cyber Security.

Jeff Radebe said that there were no plans at this stage to regulate the BBM service of Blackberry. His statement came after the Deputy Minister of Communication Obed Bapela recently called for such regulation.

"I have been assigned the portfolio of cyber-security and wish to invite specialists to assist us to determine whether we should regulate applications such as BBM within the context of cyber security," Bapela had said earlier.

The use of BBM in civil unrest in recent weeks in South Africa had raised fears that it could give rise to situations such as that experienced in Arab states.

With countries such as India and Saudi Arabia also recently having proposed regulation for the Blackberry service, legal experts here expressed concern about Bopela's suggestion. However, not only Bopela's viewpoint is right but also ideal as he is inviting the Cyber Security Experts to deliberate upon security related problem that Countries like India and Arab States never do.

Cyber Security problems can be solved only through a “Techno Legal Regime” and not through E-Surveillance and “Oppressive Methods” that India and Arab States are doing. India needs to develop Intelligence Gathering Skills and Cyber Skills to solve it s Cyber Security and National Security related problems.

Sunday, September 4, 2011

Indian Social Media Framework And Guidelines For Government Organisations

Social networking has become a phenomenon these days. India has a staggering numbers of social networking users that is constantly increasing. Social networking is an equivalent of real life associations and groups. Sooner or later India would require considering this social phenomenon as it would touch all the aspects of Indian culture and life.

Till now we have no social media policy in India. Even we do not have dedicated social networking laws in India that is a serious problem. Although private players have prescribed their own social media policies for its employees and workers yet Indian government does not have any such applicable policy till now.

It has now been reported that the framework and guidelines for use of social media for government organisations has been suggested by department of information technology. This is just a proposal that has yet to be implemented after making necessary changes.

Social networking platforms have raised many technological and legal issues before private individuals and government employees. Further, many cyber crimes and intellectual property rights violations have also occurred due to these social networking platforms.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that time has come for us to seriously consider a social networking policy of India. This is so because social networking platforms are totally different form traditional websites and groups. The sooner it is adopted the better it would be for the larger interest of Indian citizens.

Wednesday, August 17, 2011

Cyber Security Laws, Lawyers And Law Firms

Techno legal fields like cyber law, cyber security, cyber forensics, cyber warfare, cyber terrorism, etc were never considered to be a cup of tea for lawyers and law firms. This may be due to many factors like lack of knowledge, absence of suitable cyber security laws, non remunerative nature of techno legal issues, etc.

One positive development that I have recently noted about these techno legal fields is that lawyers and law firms have started exploring the areas like cyber law, cyber security, cyber forensics, etc. Although the number of such lawyers/law firms is negligible yet the growing interest in the techno legal fields would increase such number sin future.

Further, techno legal issues would also change the way traditional businesses and transactions would be carried out in future. For instance concepts like cyber insurance, online dispute resolution, e-courts, digital evidencing and e-discovery, media forensics, cyber forensics, etc would be very much used in future.

However, technology laws have their own peculiar problem. Cyber laws are generally curative in nature as against the desirable preventive requirements. They are formulated keeping in mind the crimes/cyber crimes that have already taken place instead of what cyber crimes can possibly happen in future. In short, cyber laws must be “futuristic” in nature as against “historical” in their applicability.

A very crucial factor that has resulted in limited growth of cyber law and cyber security practice world over is that we have no internationally acceptable cyber law treaty and international cyber security treaty. For instance, India is not a party to any international cyber law treaty and is thus free to formulate its cyber laws as per its own requirements.

However, the cyber laws due diligence requirements are already well laid down world over, including India. Business houses and companies cannot take these requirements of cyber due diligence casually. Even the Reserve Bank of India (RBI) has asked banks to ensure robust cyber security for their banking transactions. Despite these cyber due diligence and cyber security requirements, companies, banks and organisations are not coming forward to adopt them.

Naturally, with the increase of litigations and disputes only, these stakeholders would come forward to check the legal issues arising out of use of technology by them. Further with an active use of public private partnership (PPP) model by all countries of the world, governments and private players are combining their knowledge and resources to provide better results. Slowly and steadily lawyers and law firms would also joined this PPP model.

With issues like cyber espionage and cyber warfare, the traditional armed forces and legal fraternity are now collaborating upon a very unique platform where lawyers need to have a sound knowledge of both law and technology. It seems the techno legal community alone would be able to dare to explore issues like cyber law, cyber security, etc in future.

Thursday, July 28, 2011

Patents Applications In India Are Declining

The number of Patents applications and the corresponding number of their grants determine the innovative and intellectual property regime of a nation. While a very liberal Patent regime is also not desirable yet it must also not be too restrictive. Indian Patent regime is a balance one but some signs of decline are now apparent.

Patent law of India has been in existence for a considerable long period of time. It has also been amended from time to time to incorporate the requirements of contemporary times, technology and international treaties.

While patent law of India is well established, India is lagging behind in the field of innovation and administrative efficiencies. This is resulting in a declining numbers of patents applications in India.

As per the latest annual report 2009-10 of the intellectual property office India, the number of patents applications filed has decreased as compared to previous years’ applications. India has also slipped to the 62nd position in the global innovation index. Further, although India is a member of patent cooperation treaty (PCT) yet it has still not been able to utilise it to maximum possible extent.

Some other issues that have to be taken care of by Indian patent office (IPO) pertains to software patents, challenges from software patents trolls, working of pharmaceuticals patents, regulation of patents trolls, etc.

On the positive side, India is planning to confer utility models protection to Indian innovators. Similarly, the efforts to digitalise the patent documents by IPO, recognition of the IPO as an International Search Authority (ISA) and International Preliminary Examining Authority (IPEA), etc are also positive developments.

Let us see how Indian patent regime would proceed from this juncture.

Wednesday, July 6, 2011

Mobile Governance Policy Of India

Mobile governance (m-governance) is an innovative method of using mobile technologies for effective governance and public services delivery. M-governance facilitates many public services in almost real time and without hassles. However, along with the benefits of m-governance it has many drawbacks as well.

Firstly, we have no implementable m-governance policy in India. In the absence of proper planning and a sound m-governance policy it is not a wise option to utilise m-governance services in India.

Secondly, we have no dedicated legal framework for m-governance in India. This may create problems in cases of mobile banking, m-governance, m-commerce, etc. Of course, we have information technology act 2000 (IT Act 2000) as the cyber law of India yet it is far from perfect for even e-governance purposes and it is not at all applicable to m-governance environment.

Another issue pertains to the exercises of e-surveillance and phone tapping by Indian government and its agencies. Till now we have no lawful interception law in India. Phone tapping is done under the colonial and outdated Indian telegraph act 1885 and e-surveillance is done under the IT Act 2000. Both these acts are violating the letter and spirit of Indian constitution and have incorporated many unconstitutional provisions that are well beyond the parliamentary and judicial scrutiny.

Recently, the ministry of communication and information technology (MCIT) has launched the central monitoring system project of India. It has the capabilities to monitor all sorts of telecommunication and electronic communications. However, it is a pure executive exercise with no legal framework, civil liberty safeguards and parliamentary and judicial scrutiny.

At the international level some development for safeguarding the human rights in cyberspace has been taking place. United Nations has declared that access to Internet is a human right. This shows that human rights protection in cyberspace cannot be ignored by nations in future.

Finally, m-governance cannot succeed till we ensure cyber security for m-governance in India. Till now even the basic level cyber security is missing in India and we have no cyber security policy in India. Further, the IT Act 2000 need to be suitably amended or a dedicated legislation for m-governance must be enacted in India.

All these issues are integral part of the m-governance policy of India. Before jumping upon the fancy idea of m-governance we must ensure that it can operate and flourish in India.

Monday, July 4, 2011

International Cyber Security Policy Framework And Indian Response

International Organisations are not taking much interest in the field of Cyber Security and prevention of Cyber Crimes. Of course, at the National level countries like US have laid down their International Strategy for Cyberspace.

The Government Departments in US have also shown an increased Cooperation in the field of Cyber Security. Now US Department of Defense (DOD) and Department of Homeland Security (DHS) would share their respective Cyber Security Expertise.

Further, US has also started strengthening its Cyber Security ties with other Nations and India US Homeland Security Dialogue was a part of the same. In fact, India and US have also signed a Cyber Security Cooperation Agreement. Meanwhile International Organisations have also shown their seriousness towards Cyber Crimes and they have started working in this direction.

However, Cyber Security in India is not upto the mark. We have no Cyber Security Strategy in India. Despite the importance of this issue, we have no “Effective and Implementable” Cyber Security Policy in India.

Further, we have no Cyber Warfare Policy of India, Critical ICT Infrastructure protection Policy in India, Data Protection Laws in India, Cloud Computing Policy in India, Cyber Security Laws in India, etc. Important issues like Cyber Crisis Management Plan of India, Cyber Forensics Laws in India, Legal Enablement of ICT Systems in India, etc are still not part of National Policies and Strategies of India.

At the International level we have no International Cyber Law Treaty and International Cyber Security Treaty that are “Universally Acceptable”. Further, the United Nations and other countries have still to Protect Human Rights in Cyberspace that are blatantly violated World over.

Cyber Security is essentially an International Issue and regional efforts are not conducive for the long term security of Cyberspace. For instance, EU has set up a Cyber Crimes Fighter Team, Seoul has formulated its Cyber Security Plan, Scotland Yard established its own Cyber Flying Squad, EU formed CERT Group to fight Cyber Attacks, etc. While these initiatives are timely and praiseworthy yet they are “Regional” in nature and Cyberspace and Cyber Security are International in nature.

Recent Cyber Attacks on Multinational Firms and Institutions ranging from Google and Citigroup to the International Monetary Fund, have raised fears that Governments and the Private Sector are not well equipped to deal with Cyber Attacks. It is high time that we must ensure not only an “International Harmonised Legal Framework” but also a Robust and Effective International Cyber Security Cooperation that is presently missing. India must also prepare itself for the bigger and unforeseen challenges that are waiting for it.

Friday, July 1, 2011

Microsoft And Skype Are Playing Lawful Interception Card

World over Lawful Interception Laws are cited as the reason for E-Surveillance and Eavesdropping. However, almost all of these so called Lawful Interception Laws are themselves “Unconstitutional”.

Take the example of Indian Cyber Law the Information Technology Act 2000 (IT Act 2000) that carries many draconian E-Surveillance provisions without any “Procedural Safeguards”. These provisions and laws are pressed to further the causes of e-surveillance and eavesdropping.

Research in Motion’s (RIM) Blackberry has already allowed a backdoor entry to Indian Intelligence Agencies for its cloud based Messenger Services. Now it has been reported that Skype and Microsoft have build a backdoor into the VOIP application. It is called Lawful Interception and is part of a new patent which Microsoft filed back in 2009, but is now preparing to unleash itself into our world due to its recent approval.

The US law set by CALEA (Communications Assistance for Law Enforcement Act) states that all telecommunications operators must enable their hardware and software for surveillance tracking. What is hard to understand is why Microsoft is so willing to open up its software for backdoor exploits. This creates a situation which welcomes exploits and willingly turns your computer into a revolving door for hackers.

While following a Law is not per se wrong but following an “Unconstitutional Law” is definitely wrong. Similarly following a Constitutional Law is the “Duty” of all people but following draconian, Unconstitutional and Inhumane Laws is definitely not required.

Let see who would win the battle between E-Surveillance and Human Rights Protection in Cyberspace. However, with the growing e-surveillance and eavesdropping, Self Defence Measures in Cyberspace would definitely increase in future.