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.

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.

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.

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.

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.

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.

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.

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.

Online Cyber Law Education In India

Online education is in its infancy stage in India. This is more so for techno legal courses like cyber law, cyber forensics, cyber security, professional techno legal courses, etc where neither the traditional education and training institutions nor the contemporary education and training institutions are well versed.

Here comes the importance of online cyber law education in India. Cyber law is a complicated field that requires good knowledge of both technical and legal aspects. Further, cyber law is an area that requires good skills not only to learn it but also to apply it in real life.

Presently, whatever limited cyber law education that exists in India, it is devoid of this skill development and training aspect. For instance, most of the education institutions, both traditional as well as online one, are providing basic level cyber law courses and trainings. However, in the name of courses and trainings mere diplomas or degrees are offered and granted. This does not ensure that such diploma or degree holders do have necessary skills and training to excel in real life and in a professional environment.

We at Perry4Law Techno Legal Base (PTLB) do not endorse this approach and we have taken a very radical stand. We have deviated from the academic nature of cyber law education and are offering techno legal training and skill developments for cyber law. To make it more effective, PTLB has been providing online cyber law education and training in India.

The stakes are high and so are the quality standards for the cyber law education and training courses of PTLB. Further, we also understand that not everybody can come to a physical location hence we have also been providing online cyber law education and trainings in India, Asia and other places.

Interested institutions and organisations may contact us with their proposals if they wish to engage in this initiative of PTLB. Further, professionals desiring of having good and qualitative techno legal cyber law education and training may also contact us. We hope this initiative of ours would prove beneficial to all concerned.

Online Legal Training In India Rejuvenated

Legal training is not an easy task to achieve. This is more so in the contemporary era where information technology (IT) has changed the entire landscape of legal education and training.

For instance, few years back law colleges and universities were not aware about the concept of cyber law. Now law colleges and universities have started offering courses in cyber law and similar topics. Although they are still of basic level yet a beginning has taken place.

However, legal training is not an easy task. As law is increasingly being used in conjunction with other streams, especially computer science, it has become imperative to take care of both technical and legal aspects at the same time.

Many computer science institutions have started teaching law along with computer science and many law colleges are teaching computer science with law. Of course, this is happening at the basic level and highly specialised legal education and training is still missing.

The fact is that we do not have techno legal training institutions in India or elsewhere. At Perry4Law Techno Legal Base (PTLB) we provide highly specialised techno legal research, education and training in India, Asia and other places.

PTLB is also the exclusive techno legal training provider of the world that is providing research, education and training through e-learning and online education platform. PTLB is also providing techno legal skills development education and courses for stakeholders like lawyers, judges, police officers, public prosecutors, law graduates, corporate executives, law professors, faculty teachers, etc.

PTLB is committed to bring legal education reforms in India through use of cutting edge technology and providing education and training for the most contemporary techno legal fields like cyber law, cyber security, e-discovery, digital evidencing, etc. Governmental and non governmental institutions and individuals desiring to have a collaboration or partnership with us may contact us with their proposals.