Privacy Laws In India

We have no dedicated privacy laws in India and data protection laws in India. Naturally, this is a troublesome and undesirable situation. The supreme court of India has interpreted Article 21 as empowering Indian citizens with right to privacy in India.

However, despite this constitutional protection, various governmental projects in India are opening ignoring Article 21 and are clearly violating the same. This is happening because we have no national privacy policy in India.

Further, we have no privacy laws in India as well. Although some privacy guidelines have been issued by one or two departments of Indian government yet they are far from satisfactory and cannot replace a well structured privacy law of India.

Privacy rights in the information era require a totally different outlook. In fact, privacy rights form an essential part of civil liberties protection in cyberspace that India is presently ignoring.

For instance, consider the projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), etc.

They must be supported by a techno legal framework and must be civil liberty complaint. Presently, none of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny. These projects are openly violating various human rights/civil liberties, including right to privacy.

It is high time to formulate privacy laws in India so that constitutional freedoms and rights are not considered to be just legal jargon we no actual implementation.

Cyber Warfare Policy Of India

Cyber Warfare is a concept that is not clear yet. Some believe that there is nothing like Cyber Warfare as there is no involvement of traditional military actions. Others believe that Cyber Warfare is a reality of the present time and future wars would be fought in Cyberspace. Whatever the opinion may be but it is clear that Nations have to protect their Critical ICT Infrastructures and Strategic Computers from growing Cyber Attacks.

Cyber Warfare and Cyber Terrorism are issues that cannot be taken lightly by any Country. From these threats emerge the necessity of having a robust Cyber Security for Defense Forces in India. These issues are important as they strike at the very root of the Critical ICT Infrastructure Protection in India. However, India is not doing the needful in this regard. Cyber War Capabilities should be an Integral Part of Indian National Defense and Security.

India needs a sophisticated and robust Technological Command Centre to defend its global network of computer systems. It must develop both offensive and defensive capabilities under one roof. Strategic information and tactical inputs are essential part of modern warfare that can be lost or gained through Cyber War methods. There is no doubt that India needs good Cyber War Capabilities to meet the growing threats of Cyber Warfare.

Malware are posing significant threat to India yet there is no attention towards Cyber Security in India. For instance, we need Express Legal Provisions and Specified Policies to deal with issues like Denial of Service (DOS), Distributed Denial of Services (DDOS), Bots, Botnets, Trojans, Backdoors, Viruses and Worms, Sniffers, SQL Injections, Buffer Overflows Exploits, etc. Till now India has done nothing in this crucial direction and we are still waiting for the Cyber Security Policy and Strategy of India. Obviously, we have no Cyber Warfare Policy of India as well. Even the Cyber Law of India is weak and ineffective and deserves to be repealed.

The biggest hurdle before curbing Cyber Warfare Threats at the International level is Lack of Harmonisation in this regard. Till now we have no “Internationally Acceptable Definition” of Cyber Warfare. Further, we have no Universally Acceptable Cyber Crimes Treaty as well. There is also no International Cyber Security Treaty. India is not a part of any International Treaty or Conventions regarding Cyber Crimes, Cyber Security, etc.

We cannot have a Cyber Terrorism Policy in India till we have a Cyber Crimes Policy in India, Cyber Security Policy in India other similar Policies. Indian Government must urgently work in this crucial direction as it is the most urgent need of the hour.

Cyber Warfare Against India

Cyber warfare is a concept that is still haunting the international community. The situation is so serious that north atlantic treaty organisation (NATO) has sought stronger cooperation with India to counter growing cyber threats.

Cyber warfare is still a murky area as different countries deal with cyber attacks and cyber warfare attacks differently. While countries like US are considering it as an act of aggression on the footing of war yet other countries are taking divergent views. However, all countries are willing to use every possible cyber capabilities as preventive and curative cyber methods.

Till United Nations (UN) steps in and enacts “universally acceptable” international cyber law treaty and international cyber security treaty, this problem would remain murky and difficult to resolve. Further, nothing can benefit more than an international cyber security cooperation that is urgently required.

The incidences of cyber attacks, cyber terrorism, cyber espionage, cyber warfare, etc are increasing against India. However, in the absence of India’s national cyber security policy, cyber security in India is a neglected field. We must urgently develop cyber warfare capabilities in India to thwart growing cyber attacks against India. Further, we must also formulate a cyber warfare policy in India that is presently missing.

Cyber warfare is also the reason why we need to ensure critical infrastructure protection in India and critical ICT infrastructure protection in India. In fact the growing cyber attacks are affecting Indian critical infrastructure. Thus, cyber security capabilities through techno legal cyber security trainings in India must be strengthened. We must stress upon cyber security skills development in India.

The situation is equivalent to a wake up call and Indian government must take urgent steps to strengthen Indian cyber security. The sooner it is adopted the better it would be for a safe and secure cyberspace of India.

Cyber Crimes Investigation Training In India

Modernisation of police force of India requires not only basic knowledge of information and communication technology (ICT) but also practical trainings in the areas like cyber law, cyber crimes investigation, cyber forensics, etc.

Cyber crimes investigation capabilities in India are not up to the standards. Law enforcement agencies of India need to develop good techno legal cyber skills to improve their investigative capabilities.

Police must also ensure cyber law skills development. Similarly, police in India also need to undertake cyber frauds detection trainings so that cyber frauds can be anticipated even before they are committed.

Perry4Law Techno Legal Base (PTLB) is providing many techno legal courses and trainings for police force of India. These include cyber crime investigation trainings, cyber forensics trainings, cyber security trainings, cyber fraud detection trainings, etc.

Techno legal e-learning in India by PTLB also provides many more courses and trainings. These are basic level techno legal courses that have been specially customised to the requirements of Indian police.

With increasing cyber crimes, Indian police need to develop sufficient capabilities so that cyber crimes can be punished adequately in India. Presently, most of the police stations and police officers find it difficult to deal with cyber law and cyber crimes related cases.

We need a trained cyber police force in India. The present cyber crimes police cells of India are not competent enough to deal with growing cyber crimes in India. Law enforcement in India needs to have techno legal trainings to deal with these cyber crimes. Further, police also need to undergo courses in cyber crimes investigation in India so that they can sharpen their cyber skills.

With more and more stress upon modernisation of police force in India and developing their cyber capabilities, these issues of lack of cyber skills would be resolved very soon.

National Cyber Security Policy Of India

The recent cyber attacks upon India have proved once again that we need to pay more attention to cyber security in India. Cyber security in India is required not only to protect sensitive information stored in the computers of strategic Indian departments and ministries but also to safeguard the present and future critical infrastructure of India.

Not only critical infrastructure protection in India is needed but also critical ICT infrastructure protection in India (CIIP in India) is need of the hour. CIIP in India is an area that requires urgent attention of our policy makers. We must formulate a critical ICT infrastructure protection policy of India as soon as possible.

Similarly, cyberspace crisis management plan of India is also required to be formulated. We must formulate a national ICT crisis management plan of India. Further, Indian crisis management plan against cyber attacks and cyber terrorism must also be formulated.

All these, and many more, aspects must be made a part of the cyber security policy of India. A national cyber security policy of India must be formulated in this regard that is made implementable after a reasonable period. Issues like cyber warfare, cyber terrorism, cyber espionage, international cyber security cooperation, etc must be part of the same.

We need a clear and implementable cyber security strategy of India. The cyber security policy and strategy of India must be techno legal in nature that can take care of both technical and legal aspects of cyber security.

There is no second opinion that national security policy of India is required and cyber security is an essential and indispensable part of the same. The sooner we formulate and adopt the same the better it would be for the larger interests of India.

Cyber Attacks Are Affecting Indian Critical Infrastructure

These days information and communication technology (ICT) has become an indispensable part of our day to day life. Many critical infrastructures have now been connected with ICT in one form or another.

This is the reason why we need to ensure critical infrastructure protection in India and critical ICT infrastructure protection in India. We also need to strengthen the cyber security of India and the best way to do so is to formulate the national cyber security policy of India.

Cyber attacks and cyber threat are increasing against India. However, cyber security in India is not up to the mark and is ailing badly. There are many factors for the poor performance of Indian cyber security and lack of adequate expertise is one of them.

Whether it is strategic government department’s computers or critical infrastructure, all of them are under constant cyber attack risks. Take the example of the recent cyber security incidence that has affected the Indira Gandhi International Airport (IGIA) security systems.

Three months ago, a ‘technical snag’ had hit operations at the state-of-the-art T3 terminal at IGIA. It now turns out it was caused by a “malicious code” sent from a remote location to breach the security at the airport.

A hunt has been launched to nab the perpetrator with the CBI registering a case under the IT Act and IPC. Investigators say that the “malicious code” was in the form of “attack scripts”, which means a programme was written by an expert to exploit the system’s security weakness.

While the efforts of CBI is praiseworthy yet when it comes to timely and appropriate actions, CBI does not score well. For instance, the case of CBI’s website defacement has not been investigated in the manner it was required. Cyber crimes investigations in India need to be improved to make effective investigation and get desired results.

In the present case of IGIA as well the news of the cyber attack has come after three months and this has weakened the case to a great extent. We need timely detection and effective cyber crime investigation capabilities in India to deal with cyber attacks and cyber crimes. Indian government must conduct effective trainings and courses for cyber crimes investigations in India.

Coming to the present case, the check-in counters, transfers counters and boarding gates at the IGI are operated using the Common Use Passengers Processing System (CUPPS), maintained by Aeronautical Radio Incorporated (ARINC). The CUPPS operates on a common software-and-hardware platform that integrates all information such as an airline’s reservation system, the expected time of departure and the capacity at waiting lounges. The problem in CUPPS started at 2.30 am on June 29 due to which check-in counters of all airlines at T3 became non-operational.

“This forced the airlines to opt for manual check-in and as a result passengers had to wait. There are around 172 CUPPS counters and only a third were functioning online,” said an official. The investigation revealed that someone had hacked into the main server of the CUPPS and introduced a virus.

It took nearly 12 hours to restore the system. The CBI was also called in as officials suspected it was a security breach. “We found that there were serious security lapses,” said a CBI official.

The agency had also asked for details of records of CUPPS and staff handling the system. “Once we receive the details, it will be analysed to see if any official is involved. It appears that someone sitting at a remote location had operated the system. We have registered a case under the IT Act and other relevant section of the IPC,” added the CBI official.

Indian critical infrastructures are under strong cyber attacks and we need to take this seriously. In cyber crimes and cyber attacks cases taking months to investigate them means loosing the case. We have to develop real time cyber security capabilities in India to avoid such failures.

E-Commerce Laws In India

Information and communication technology (ICT) has changed the way we make our commercial transactions. Even payments for such online dealings and transactions can be made through an online mode. One such commercial use of ICT is electronic commerce.

Electronic commerce in India (E-commerce in India) has slowly and steadily entered the Indian market. Toady from tickets booking to purchasing of good and services, everything happens in an online environment.

Of course, where commercial transactions occur, disputes and differences are bound to occur. To prevent and resolve these disputes we need norms, regulations and laws that are acceptable to all the stakeholders.

The e-commerce law of India is primarily incorporated in the information technology act, 2000 (IT Act 2000) that takes cares of legal obligations of both sellers and buyers of good and services in cyberspace.

The IT Act 2000 prescribes rules and norms for online contract formulation. The traditional concepts of offer, acceptance etc, as applicable under the contractual laws, have also been covered by the IT Act 2000. The only difference is that they have been customised as per the requirements of cyberspace.

However, e-commerce transactions and contracts also attract certain additional legal liabilities that e-commerce players in India are not very much aware. For instance, very few e-commerce players in India are aware that they are “intermediaries” within the meaning of IT Act 2000.

Further, other laws, including intellectual property laws, make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners.

Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.

Indian Centre For ICT In Parliament

World over parliaments are becoming aware of the benefits of information and communication technology (ICT). India is also following the pursuit. However, the use of ICT by Indian parliament is very limited and traditional in nature.

For instance live telecasting of the proceedings of parliament, maintaining of websites by parliament, etc are some of the examples where ICT has been used by Indian parliament. However, Indian parliament has to cover a long gap before it can be safely called fully ICT compliant.

Parliament is a place where laws are made. If we combine technology with law, the requirement of parliament becomes techno legal in nature. This also means that we need research and training centers for parliament that are techno legal in nature.

At Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) we have established the exclusive techno legal ICT research and training centre for parliament of India. This is the exclusive techno legal Indian centre for ICT in parliament. The centre intends to empower Indian parliament and parliaments of other jurisdictions in a techno legal manner.

PTLB and PTLITC have also started various techno legal e-learning courses, education, research and trainings for staff, employees, committees, committee members, members of parliament, etc. This includes techno legal courses and trainings for legislative drafting, legislative research, legislative education, public legal awareness trainings, etc.

We hope this initiative of PTLB and PTLITC would be beneficial for various stakeholders in general and Indian parliament and other parliaments in particular.

Online Commercial Arbitration In India

Arbitration is a cost effective and expeditious dispute resolution mechanism. A majority of commercial disputes are resolved through the mode of arbitration. International commercial arbitration has also become an emerging trend these days. Generally, an arbitration clause is incorporated in various contracts and commercial contracts that prescribe resolution of a future dispute through arbitration.

Traditional litigation is not a productive mechanism to resolve disputes as it is costly and time consuming in nature. Thus, there is a gradual shift from litigation to arbitration in commercial matters.

A new aspect has been added to commercial dispute resolution and commercial arbitration by the information and communication technology (ICT). ICT has introduced a novel dispute resolution mechanism known as online dispute resolution (ODR). Although ODR in India has still to keep a pace yet it has been used in developed countries for many purposes, especially for resolving cross border e-commerce disputes.

At Perry4Law Techno Legal Base (PTLB) we are not only providing training and courses on ODR but are also actively using the same for contractual and commercial disputes resolution in India. In fact, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

PTLB has supplemented its ODR initiatives with other techno legal initiatives. The chief among them are e-courts research and training centre, digital evidencing centre, cyber forensics centre, etc. We hope our initiatives and efforts would be beneficial for the growth of online commercial arbitration in India and world wide.

ICT Research And Training Centres In India

Information and communication technology (ICT) is a specialised field that requires good working knowledge and expertise. ICT covers many areas like ICT legal framework, cyber security, cyber forensics, e-learning, e-commerce, e-governance, electronic services delivery, digital preservation, etc.

Further, ICT is no more technological in nature these days. Today ICT has to take care of both technical as well as legal issues. For instance, fields like cyber law, cyber forensics, digital evidencing, video conferencing for judicial purposes, e-courts, etc are essentially techno legal in nature.

World over ICT research and training is in infancy stage. However, developed countries are better situated than developing countries like India in this regard. In order to compete and defeat these developed countries, India needs to establish good and effective techno legal ICT research and training institutions and centers.

At Perry4Law Techno Legal Base (PTLB) we have opened many techno legal ICT research, training and education centers. PTLB manages the exclusive techno legal research, education and training centers in the fields like cyber law, cyber security, cyber forensics, e-courts, digital evidencing, online dispute resolution (ODR), human rights protection in cyberspace, techno legal skills development, techno legal e-learning, etc.

Perry4Law Techno Legal ICT Training Centre (PTLITC) is providing highly specialised and domain expertise based techno legal research, education and trainings in India and world wide. PTLITC is also the exclusive techno legal ICT research and training institution of India and world wide.

PTLB/PTLITC 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.

PTLB intends to widen its research, education and training activities and with the active use of e-learning and online learning methodologies, the same would be achieved very soon.