Indian Legal Workforce Needs To Be Skill Driven

Practical training and skills are two of the most important attributes of a successful and highly paying career. These attributes are also the most commonly absent essentials of various educational courses. As a natural result, almost 75% of the educated masses are either unemployable or simply not suitable for the relevant jobs.

Even Indian companies are facing shortage of skilled workforce to manage their day to day functions. In the information technology field, there is an urgent need of cyber skilled workforce in India. Further, technical education and skill development in India need to be considered on a top priority basis.

As far as legal field is concerned, the situation is not very different. For instance, the legal research in India is not qualitative and plagiarism is rampant in Indian legal research community.

Although legal process outsourcing (LPO) in India is flourishing yet there are very few e-discovery related LPO and KPO firms in India. In future e-discovery related LPO and KPO services in India would increase considerably. However, the skilled workforce needed to execute such high end and domain specific work is missing.

PTLB online skills development initiative is trying to bridge all these gaps so that a skilled legal workforce can meet all the future employment related challenges in India. Interested stakeholders, students and professional from around the globe can enroll for these courses, training, education and skills development programs of PTLB.

National Cyber Security Policy of India Is Needed

Cyber security policy and strategy is an important aspect of national security. Till now we have no national security policy of India. There is no second opinion about the fact that national security policy of India is required and the sooner it is drafted and implemented the better it would be for India.

In fact, national security of India is affected by turf war that is putting the entire national security at risk. For instance, Indian nuclear facilities may not be cyber secure. Indian websites are occasionally defaced.

Crucial computers at strategic government departments and defense forces are frequently compromised. The servers of national informatics centre (NIC) of India were recently hacked. This puts the entire governmental web infrastructure at risk.

A sound national security policy must have many essential and important aspects incorporated into it. One such essential component is cyber security policy and strategy of India. Till now we have no implementable national cyber security policy of India.

India’s national cyber security policy must be suitable formulated and immediately implemented. Further, Indian counter terrorism capabilities needs rejuvenation to deal with traditional terrorism and cyber terrorism. Indian banks are also not very good at cyber security and they are not willing to upgrade their cyber security despite the mandatory recommendations by Reserve Bank of India (RBI).

At the international level efforts have been streamlined to strengthen cyber security and global cyber security cooperation. Recently NATO requested cyber security cooperation from India.

Even at the individual level countries are strengthening their offensive and defensive cyber capabilities. In United States, the DARPA is developing offensive and preventive cyber capabilities. Indian defense and security against cyber warfare must also be developed.

It is high time for India to develop cyber offensive and defensive capabilities so that it can manage cyber threats like cyber terrorism, cyber warfare, cyber espionage, etc in a timely and effective manner.

Indian Defense And Security Against Cyber Warfare

Of late, India is increasingly targeted for cyber espionage, cyber warfare, cyber terrorism and many similar cyber attacks. Indian response to the same remained lukewarm. Obviously the news of sophisticated Malware targeting Indian critical infrastructure is no big surprise.

For instance, some claim that Stuxnet Malware was responsible for the destruction of an Indian broadcasting satellite. Similarly the Duqu Malware used the command and control servers located in India. The latest being that the servers of National Informatics Centre (NIC) of India were compromised and used for launching cyber attacks upon other nations.

In this background India must analyse its cyber skills and capabilities. Is India ready for cyber warfare, cyber terrorism, cyber espionage, cyber attacks, etc? We have still not formulated any cyber warfare policy of India. In fact, cyber security in India is an ignored world. Even there is no cyberspace crisis management plan of India that is actually implemented at the national level.

At the legal framework level as well India is lagging far behind. We have no dedicated legal framework for cyber security in India. Even the cyber law of India needs many suitable amendments as it has become outdated.

These issues require political will to resolve and presently that seems to be missing. Although Kapil Sibal is doing a great job yet he seems to be overburdened with many responsibilities. This is resulted in sidelining of cyber law and cyber security issues.

Now Kapil Sibal has given positive hints about these issues, things may change in the near future. But till then Indian cyberspace is vulnerable to all sorts of cyber attacks.

India is not at all ready to tackle cyber warfare, cyber terrorism, cyber espionage, etc with the present framework of mind and cyber capabilities. Indian defense and security against cyber warfare is missing and the same needs to be strengthened as soon as possible.

Virtual Campuses Can Eliminate Corruption In Higher Education Of India

All of you must remember Jaspal Bhatti’s flop show and the episode pertaining to PhD. The episode explained how PhD researchers in India are exploited by their supervisors in cash and kind. That was a classical comedy that portrayed the corrupt higher educational system of India.

Years have passed but the bitter truth still prevails in India. Although HRD minister Kapil Sibal is doing great to improve and strengthen the dying educational system of India yet PhDs in India are still facing the menace of corruption.

Recently, e-mails were also sent to both Kapil Sibal and Salman Khurshid to bring to their notice the deteriorating conditions of higher legal education in India. The truth is that higher legal education in India needs urgent reforms.

Higher education in India is suffering from many deficiencies and irregularities. These include lack of practical training, academic nature of education, absence of skills development, corruption, lack of research capabilities, etc.

Universities and colleges are engaging in all sorts of undesirable behaviours and practices and this is affecting the higher education and research oriented courses like PhDs. Indian government is also not very much enthusiastic in curing these deficiencies and eliminating the irregularities.

The lack of transparency and prevalent corruption is eating up the higher education system of India and it can be cured if we allow foreign educational institutions to open their centers in India. This way not only the monopoly of Indian colleges and institutions can be eliminated but better and qualitative education can be made available to Indian students.

Further, this would also force the Indian educational institutions and colleges to focus and stress upon quality rather than upon corrupt practices and exploitation. We need more virtual campuses as well so that Indian students can have qualitative education through e-learning and distance learning method.

At Perry4Law Techno Legal Base (PTLB) we are trying to bridge this qualitative gap in a corruption free environment through its Online Skills Development and Training platform. PTLB is managing the exclusive techno legal e-learning and virtual legal education campus of India and world wide. It also provides many other qualitative and highly specialised courses through its virtual campus that would remain a dream through traditional Indian educational institutions. We hope this initiative of ours would be beneficial for all the stakeholders.

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.

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.

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.

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.