Monday, November 30, 2009


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


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.

Saturday, November 28, 2009


The merit and competency of Indian Judiciary is well known all over the World. There is virtually nothing that Indian Judiciary is not capable of resolving. However, there is always scope for the improvement. One such improvement that is urgently required to be adopted, implemented and inculcated by the Judges of District Courts, High Courts and Supreme Court of India pertains to Techno-Legal acumen and knowledge.

Techno-Legal acumen is difficult to acquire as it requires a sound working and practical knowledge of both technical as well as legal aspect of the Information and Communication Technology (ICT) related aspects. Issues like Cyber Law, International Telecommunications Laws, Cyber Forensics, Digital Evidencing, Cyber Security, etc pose difficult and sometimes non-understandable legal issues before the Courts. The Judges in India must fill in this much needed and unnoticed legal gap that has not yet been explored by them.

Since the Techno-Legal issues are difficult to understand and more importantly scant to provide in the absence of adequate Techno-Legal Experts and Specialists in India, there is an emergent need to start Techno-Legal Judicial Training of Judges of India. Perry4Law is the First and Exclusive Techno-Legal ICT Law Firm of India and one of the Best in the World. It provides Techno-Legal Services and Training in the field of Cyber Law, Cyber Forensics, Cyber Security, E-Courts, E-Governance, E-Commerce, Telecommunication Laws, Technology Laws, etc.

Perry4Law also provides Cyber Law Training In India, Cyber Security Training In India, Cyber Forensics Training In India, Computer Forensics Training In India, E-Courts Training In India, Digital Evidencing Training In India, Digital Investigation Training in India, Techno-Legal Judicial Training in India, Training for Judges In India, Techno-Legal Training for Lawyers in India, Techno-Legal Training for Corporate Executives in India, etc.

Any person or institution interested in seeking the Professional Techno-Legal Services and Techno-Legal Judicial and Legal Training of Perry4Law must visit the “Contact Point” of Perry4Law and follow the requirements mentioned therein. Telephone conversation facility and a meeting after the appointment is fixed are also available subject to advance payment of the “Hourly Rates” of the respective Partner(s).

Tuesday, November 24, 2009


Cyber terrorism is a controversial term. Some authors choose a very narrow definition, relating to deployments, by known terrorist organizations, of disruption attacks against information systems for the primary purpose of creating alarm and panic. By this narrow definition, it is difficult to identify any instances of cyber terrorism. Cyber terrorism can also be defined much more generally, for example, as “The premeditated use of disruptive activities, or the threat thereof, against computers and/or networks, with the intention to cause harm or further social, ideological, religious, political or similar objectives or to intimidate any person in furtherance of such objectives.” This broad definition was created by Kevin G. Coleman of the Technolytics Institute.[1]

The National Conference of State Legislatures (NCSL), a bipartisan organization of legislators and their staff created to help policymakers of all 50 states address vital issues such as those affecting the economy or homeland security by providing them with a forum for exchanging ideas, sharing research and obtaining technical assistance defines cyber terrorism as follows:

“The use of information technology by terrorist groups and individuals to further their agenda. This can include use of information technology to organize and execute attacks against networks, computer systems and telecommunications infrastructures, or for exchanging information or making threats electronically. Examples are hacking into computer systems, introducing viruses to vulnerable networks, web site defacing, Denial-of-service attacks, or terroristic threats made via electronic communication.[2]

In May 2007 Estonia was subjected to a mass cyber-attack in the wake of the removal of a Russian World War II war memorial from downtown Talinn. The attack was a distributed denial-of-service attack in which selected sites were bombarded with traffic in order to force them offline; nearly all Estonian government ministry networks as well as two major Estonian bank networks were knocked offline.

The traditional concepts and methods of terrorism have taken new dimensions, which are more destructive and deadly in nature. In the age of Information and Communication Technology (ICT) terrorists have acquired an expertise to produce the most deadly combination of weapons and technology, which if not properly safeguarded in due course of time, will take its own toll. The damage so produced would be almost irreversible and most catastrophic in nature. In short, we are facing the worst form of terrorism popularly known as "Cyber Terrorism".

The definition of "cyber terrorism" cannot be made exhaustive as the nature of crime is such that it must be left to be inclusive in nature. The nature of "cyberspace " is such that new methods and technologies are invented regularly; hence it is not advisable to put the definition in a straightjacket formula or pigeons hole. In fact, the first effort of the Courts should be to interpret the definition as liberally as possible so that the menace of cyber terrorism can be tackled stringently and with a punitive hand. The law dealing with cyber terrorism in India is, however, not adequate to meet the precarious intentions of these cyber terrorists and requires a rejuvenation in the light and context of the latest developments all over the world.

The laws of India have to take care of the problems originating at the international level because the Internet, through which these terrorist activities are carried out, recognises no boundaries. Thus, a cyber terrorist can collapse the economic structure of a country from a place with which India may not have any reciprocal arrangements, including an "extradition treaty". The only safeguard in such a situation is to use the latest technology to counter these problems. Thus, a good techno-legal combination of the latest security technology and a law dealing with cyber terrorism is the need of the hour.

The most common method for cyber terrorism is the use of distributed denial of services attacks (DDOS) to overburden the Government and its agencies electronic bases. This is made possible by first infecting several unprotected computers by way of virus attacks and then taking control of them. Once control is obtained, they can be manipulated from any locality by the terrorists. These infected computers are then made to send information or demand in such a large number that the server of the victim collapses. Further, due to this unnecessary Internet traffic the legitimate traffic is prohibited from reaching the Government or its agencies computers. This results in immense pecuniary and strategic loss to the government and its agencies. It must be noted that thousands of compromised computers can be used to simultaneously attack a single host, thus making its electronic existence invisible to the genuine and legitimate netizens and end users.
The main aim of cyber terrorist activities is to cause networks damage and their disruptions. This activity may divert the attention of the security agencies for the time being thus giving the terrorists extra time and makes their task comparatively easier. This process may involve a combination of computer tampering, virus attacks, hacking, etc.

The menace of cyber terrorism in India can be effectively curbed, if not completely eliminated, if the three sovereign organs of the Constitution work collectively and in harmony with each other. Further, a vigilant citizenry can supplement the commitment of elimination of cyber terrorism.

The judiciary can play its role by adopting a stringent approach towards the menace of cyber terrorism. It must, however, first tackle the jurisdiction problem because before invoking its judicial powers the courts are required to satisfy themselves that they possess the requisite jurisdiction to deal with the situation. Since the Internet "is a cooperative venture not owned by a single entity or government, there are no centralized rules or laws governing its use. The absence of geographical boundaries may give rise to a situation where the act legal in one country where it is done may violate the laws of another country. This process further made complicated due to the absence of a uniform and harmonised law governing the jurisdictional aspects of disputes arising by the use of Internet.

Generally, the scholars point towards the following "theories" under which a country may claim prescriptive jurisdiction:

(a) a country may claim jurisdiction based on "objective territoriality" when an activity takes place within the country,

(b) a "subjective territoriality" may attach when an activity takes place outside a nation's borders but the "primary effect" of the action is within the nation's borders,

(c) a country may assert jurisdiction based on the nationality of either the actor or the victim,

(d) in exceptional circumstances, providing the right to protect the nation's sovereignty when faced with threats recognised as particularly serious in the international community.

In addition to establishing a connecting nexus, traditional international doctrine also calls for a "reasonable" connection between the offender and the forum. Depending on the factual context, courts look to such factors, as whether the activity of individual has a "substantial and foreseeable effect" on the territory, whether a "genuine link" exists between the actor and the forum, the character of the activity and the importance of the regulation giving rise to the controversy, the extent to which exceptions are harmed by the regulation, and the importance of the regulation in the international community. The traditional jurisdictional paradigms may provide a framework to guide analysis for cases arising in cyberspace.[3] It must be noted that by virtue of section 1(2) read with section 75 of the Information Technology Act, 2000 the courts in India have “long arm jurisdiction” to deal with cyber terrorism.

The menace of cyber terrorism is not the sole responsibility of State and its instrumentalities. The citizens as well as the netizens are equally under a solemn obligation to fight against the cyber terrorism. In fact, they are the most important and effective cyber terrorism eradication and elimination mechanism. The only requirement is to encourage them to come forward for the support of fighting against cyber terrorism.

The government can give suitable incentives to them in the form of monetary awards. It must, however, be noted that their anonymity and security must be ensured before seeking their help. The courts are also empowered to maintain their anonymity if they provide any information and evidence to fight against cyber terrorism.

The problem of cyber terrorism is multilateral having varied facets and dimensions. Its solution requires rigorous application of energy and resources. It must be noted that law is always seven steps behind the technology. This is so because we have a tendency to make laws when the problem reaches at its zenith. We do not appreciate the need of the hour till the problem takes a precarious dimension. At that stage it is always very difficult, if not impossible, to deal with that problem. This is more so in case of offences and violations involving information technology. A timely and appropriate legislation is always a good step forward to fight cyber terrorism. India has to cover a long gap before it can secure its traditional boundaries and cyber space.


[2] Id.

[3] Dawson Cherie; “Creating Borders on the Internet- Free Speech, the United States and International Jurisdiction”, Virginia Journal of International Law, V-44, No-2 (Winter, 2004).


Thursday, February 7, 2008


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
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: ,

[1] Praveen Dalal, “ Cyber Security Trends by PTLB”,

[2] Praveen Dalal, “ Cyber Security Trends by PTLB: Cyber Law in India”,

[3] Praveen Dalal, “ Cyber Security Trends by PTLB: Cyber Terrorism and Risk Management”,