This is a very crucial and interesting update. It covers areas as wide as cyber law, intellectual property rights (IPRs), ICANN’s new generic top level domain registrations, online cyber law, cyber forensics and ethical hacking education and training in India, national counter terrorism centre (NCTC), phone tapping in India, trademark and copyright violations by Google, censorship of NCTC and controversial results by Google in India, etc.

The relevant updates in this regard are:

(1) Big Brother Must Not Overstep The Limits

(2) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed

(3) NCTC Of India Facing Stiff Oppositions

(4) National Counter Terrorism Centre (NCTC) of India Is Required

(5) NCTC, Intelligence Agencies And Censorship By Google In India

(6) Google Censored NCTC News And Blog Posts In India

(7) ICANN’s New Generic Top-Level Domains (GTLDs) Registration: Risks And Benefits Analysis

(8) Risks And Benefits Analysis Of ICANN’s New GTLDs Registrations

(9) Legal Rights Objections Under ICANN’s New GTLD Domain Registration Program

(10) ICANN’s New Generic Top-Level Domains (GTLDs) Registration In Progress

(11) Is Google Ignoring Trademark Violations Claims And Passing Off Remedies?

(12) Legal E-Learning In India Would Grow

(13) Online Cyber Law Education In India

(14) Online Cyber Forensics Courses In India

(15) Lawyers Training And Education In India

(16) Ethical Hacking Training In India

(17) Cyber Law And Ethical Hacking Courses In India

(18) Online Ethical Hacking Courses In India

(19) Ethical Hacking Training In India

(20) Online Legal Courses In India

(21) Online Legal Courses In India By PTLB

(22) Cyber Due Diligence For Foreign Websites In India

(23) National Counter Terrorism Centre (NCTC) of India Is Required

(24) NCTC Of India Facing Stiff Oppositions

(25) Constitutionality Of NCTC Challenged Before Madras High Court

(26) Parliamentary Oversight Of Intelligence Agencies Of India Is Needed

(27) Parliamentary Oversight Of Intelligence Agencies Of India Is Missing

(28) NCTC, Intelligence Agencies And Censorship By Google In India

(29) Phone Tapping Laws In India Required

(30) Phone Tapping Law In India

(31) New GTLDs Applicants Must Ensure Due Diligence Before Applying

(32) National Counter Terrorism Centre (NCTC) of India

(33) Google Is Censoring NCTC And Intelligence Agencies Related Results In India

(34) Google Censored NCTC News And Blog Posts In India

We hope the readers would find this update very useful.

Posted by: Techtalk | March 15, 2011

Critical Infrastructure Protection In India

Critical infrastructure protection (CIP) in India (CIP in India) and critical ICT infrastructure protection (CIIP) in India (CIIP in India) have emerged as two of the most important aspects of national security. We have not yet formulated an effective national security policy of India and therefore issues like CIP and CIIP have also remained ignored.

Critical ICT infrastructure protection has also become crucial part of the cyber security policy of India. Although India has not formulated a cyber security policy yet when it would be formulated it must include CIP and CIIP as essential components of the same.

These days a majority of crucial functions of private and government are essentially connected with the computers and computers systems. If these computers or computer systems are compromised, much damage can be done to the country where such breach has occurred.

India has been indifferent towards issues like cyber law, cyber security, cyber forensics, cyber espionage, cyber terrorism, cyber warfare, etc. India has not yet ensured a legal enablement of ICT systems as well national security and cyber security policy to ensure that these crucial issues are adequately and effectively covered.

Experts feel that, India does not have strong and effective cyber laws to deal with issue pertaining to critical infrastructure. India is blind towards cyber law, cyber security and cyber forensics requirements. The IT Act, 2000 (sole cyber law of India) is a poorly drafted law and badly implemented legislation. It is weak and ineffective in dealing with growing cyber crimes in India as it is the most soft and cyber criminal friendly legislation of the World, says Praveen Dalal, Managing Partner of techno legal ICT Law Firm Perry4Law and Supreme Court Lawyer.

Even on the front of research, training and education India is a poor track record. We have a single techno-legal cyber security research and training centre in India (CSRTCI). The same is managed by Perry4Law, the exclusive techno-legal firm of India. CSRTCI is supported by Perry4Law Techno Legal Base (PTLB), the leading techno legal institution of India and a segment of Perry4Law.

CSRTCI and PTLB covers specialised areas like cyber law, cyber security, cyber forensics, cyber war, cyber terrorism, cyber espionage, corporate espionage, critical ICT infrastructure protection, CCTNS, Natgrid, NCTC, etc.

In order that CIP and CIIP can be protected in India we must have good policies regarding national security and cyber security as well as specialised research and training institutions like PTLB. Further, legal framework must also be streamlined to accommodate projects like Natgrid, CCTNS, central monitoring system (CMS), Aadhar project, etc. The efforts must come directly from the highest level like Prime Minister’s Office (PMO) if successful implementation is the criteria.

Posted by: Editor LNAV | March 11, 2011

Online Computer Forensics Training In India

Computer forensics is a highly specialised field that requires techno legal expertise. Computer forensics is a growing field world over and India is also trying to use computer forensics for its legal and judicial purposes.

Indian legal and judicial fraternity must develop scientific temperament and technical knowledge in fields like cyber law, cyber forensics, e-discovery, digital evidencing, e-courts, etc.

However, computer forensics in India is still at nascent stage and it may take many more years before computer forensics can actually be used in India. Praveen Dalal, noted techno legal and cyber forensics specialist of India, has already written an exclusive book on techno legal aspects of cyber forensics in India. This book may go a long way in bringing actual implementation of cyber forensics in India.

At the same time we need good techno legal training and courses on computer forensics in India. India has a single techno legal cyber forensics research, training and educational institution. It is managed by Perry4Law Techno Legal Base (PTLB). The centre is providing techno legal cyber forensics education, trainings and course in India.

Registration for online education and trainings in the field of cyber forensics and other techno legal courses of PTLB can be done through its online platform. Application form for the enrollment to various courses, internships and trainings can be downloaded from here and more details about the courses of PTLB can be found here.

Computer forensics trainings are required to be undertaken by police officers, public prosecutors, lawyers, judges, etc in India. Initially, the basic level computer forensics training is enough that can subsequently be enhanced to more specialised training.

PTLB also exclusively offers online cyber law and computer forensics training to judges in India and abroad as well. This way the judiciary, especially subordinate judiciary, of India can be greatly benefited. Let us hope, that judges and lawyers in India would avail these exclusive and specialised courses and trainings of PTLB as soon as possible.

Posted by: Editor LNAV | March 11, 2011

Legal Education In India

Legal education is India is passing through a transformation phase. For a very long period of time, legal education in India has been ignored. This is more so regarding specialised courses and higher legal education in India.

If we analyse the numbers of masters in law and doctors of law in India, the figure is not very pleasant. Very few law graduates prefer to opt for master and doctorate degrees. This is largely attributable to the academic nature of our legal system that is neither competitive nor professional in nature.

If we keep on teaching theoretical aspects of law and that also belonging to the era of 1980s, little is expected from the law graduates. The resulting output of lawyers is not qualitative and a majority of them re law graduates but not professional lawyers.

Defective policy decisions are also responsible for poor quality of lawyers in India. The Ministry of Law and Justice has not yet come out with a legal education policy that can help in producing qualitative legal personnel in India.

The quality of legal education is presently managed by the Bar Council of India (BCI). However, even the BCI has failed to maintain the quality of legal education in India. Neither law universities/faculties not BCI are doing much in this regard.

Take the example of recent bar examination proposed by the BCI after getting a law degree. The proposed bar examination of India 2011 is faulty on many counts. It is just a formality with no quality testing purpose. If the test is not going to check the quality of lawyers entering the litigation stream, there is no sense in having the same.

Legal education in India needs serious reforms. Presently, the legal education is not professional in nature, suffers from being excessive academic in nature and is producing law graduates who lack good research and analytical skills.

Foreign universities and institutions are looking towards India for establishing their branches or centers but the poor quality of education and bad policies are restraining them from doing so. Hopefully Law Minister Veerappa Moily would look into the matter urgently.

Posted by: Editor LNAV | March 11, 2011

Continuing Legal Education(CLE) In India

Legal education in India is undergoing a transformation as the education sector of India is opening for foreign universities and institutions. Legal education in India has for long remained archaic and stagnant due to academic nature of the same.

With the advent of information and communication technology (ICT), the doors for legal education reforms have opened. ICT has also opened the possibilities of global partnerships and collaborations. Further, these developments have also given rise to a new form of legal education known as continuing legal education.

Continuing legal education in India (CLE in India) or legal lifelong learning in India is a very new field. In India, not much attention is paid to higher legal education and even lesser to PhD and other specialised courses. This is so because legal education in India is not up to the mark and there is no implemental legal education policy in India.

Legal education in India needs urgent reforms. Some of the reforms that legal education in India must have include encouragement of higher legal education, research oriented legal education, professional and contemporary legal education, practical legal education and so on.

However, of all these reforms, nothing is more pressing than the requirement to have CLE in India. Presently, neither the Law Ministry of India nor the Bar Council of India (BCI) is providing CLE in India. Of course, they are mentioning about CLE but mere mention is not enough to actually implement it successfully in India.

Even worst is the techno legal area that has not even found a mention in the works of Law Ministry and BCI. The only instance of techno legal CLE in India can be found in a private initiative started by Perry4Law Techno Legal Base (PTLB).

PTLB is providing techno legal CLE in India and techno legal lifelong learning in India. To extend its reach and educational initiatives, it has also launched many online platforms where students, professionals, lawyers, judges, CEOs, etc can be enrolled and trained.

Law Minister Veerappa Moily must incorporate necessary policy related issues of CLE in India, lifelong learning in India and higher legal education in India in an effective legal education policy of India.

Posted by: Editor LNAV | March 8, 2011

Computer Forensic Courses In India

Computer forensics or cyber forensics in India is still at its infancy stage. This is so because there is a general lack of legal enablement of ICT systems in India. In the absence of adequate legal enablement of ICT systems in India, cyber forensics has also not developed much.

Another reason for lack of cyber forensics in India is absence of adequate and qualitative techno legal cyber forensics institutions. There are very few institutions that provide cyber forensics educations and training in India. However, cyber forensics is techno legal in nature that must cater both technical and legal requirements of the learners.

India has a single techno legal cyber forensics research, training and educational institution. It is managed by Perry4Law Techno Legal Base (PTLB). The centre is providing techno legal cyber forensics education, trainings and course in India.

PTLB is providing its cyber forensics courses and other techno legal course and trainings through the use of e-learning and online education models. Registration for online education and trainings in the field of cyber forensics and other techno legal courses of PTLB can be done through its online platform.

The present course is a basic level course and highly specialised courses would also be provided in future. The same would be managed by Perry4Law Techno Legal ICT Training Centre (PTLITC).

Some of the topics covered by the basic level computer forensics course include basic introduction about applicable law, cyber law of India, digital evidencing in India, e-mail tracing, data recovery, etc. The students or professionals undergoing the basic level trainings and education from PTLB would be given preference for courses and trainings undertaken by PTLITC.

Application form for the enrollment to various courses, internships and trainings can be downloaded from here and more details about the courses of PTLB can be found here.

PTLITC is also in the process of providing highly specialised and domain specific techno legal trainings, courses and educations in the fields like cyber law, cyber security, cyber forensics, anti cyber terrorism, anti cyber warfare, human rights protection in cyberspace, lawful interceptions and self defence against unlawful interceptions, etc.

If you have a temperament for techno legal course, get yourself a seat as techno legal profession is going to be one of the most remunerative and in demand profession in future.

Posted by: Techtalk | February 22, 2011

Legal Enablement Of ICT Systems And E-Governance In India

Legal enablement of ICT systems is a crucial issue which has been ignored by Indian government. Absence of proper legal enablement of ICT systems in India has been proved as a major cause of failure of e-governance initiatives of Indian government.

Many mission mode projects failed to get materialised under Indian national e-governance plan and the main reason behind this was the absence of legal enablement of ICT systems. A proper ICT legal framework is essential to provide legal recognition for the transactions carried out by means of electronic data interchange commonly known as “electronic commerce “.

Success of any e-government framework depends on the legal aspects of any public information systems. An enabling legal framework which encompasses privacy and security of data, legal sanctions of new forms of storage and transactions is the need of hour. Such legal framework, if come into place, then country will be ready to adopt e-government. The framework will act as a mechanism for co-ordination between government organisations at union and state level.

Absence of a proper legal framework raise a crucial question, i.e. are there exists proper, mandatory legal requirements under which a citizen can claim e-service? And the answer to the question is – No. There are no laws which can allow a citizen to challenge e-governance initiative of an agency or government which has clearly failed to achieve its objective.

Apart from this, there are other drawbacks. Implementation of a mission-mode project requires extreme willingness and expertise and both of these factors are lacking in case of Indian scenario. In many government initiatives, no willingness has been seen to upgrade the services and to improve the digital delivery of those services.

Another problem which exists in this area is that, Indian government is keen to start a large number of new e-government initiatives without properly analysing the results of previous initiatives. Once previously launched initiative has been successfully completed, results are shown and analysed, only then government should proceed for the nest new initiative.

Lots of innovations in this sector could successfully deal with these drawbacks. Some of these are use of ODR (online dispute resolution) and e-courts. The concept has been known to the Indian government but still not exploited. Technology has failed to find a suitable place on legal and judicial fronts. This is the main reason behind failure to achieve time-bound results.

Right to Information act 2005 mandates doing digital preservation and digitilisation of records but still nothing substantial success has been achieved in this area. Problem do not lies only at the legal system and arbitration law (which do not use innovative methods like e-courts etc.) but it also lies at the policy level. Actually, when it comes to implementation, India is very slow in this regard. Online Dispute resolution in India is in infancy stage and it is progressing very slowly. Reason behind this extremely slow growth of ODR concept in India is lack of legal enablement of ICT systems.

So, we can say that it is actually a vicious circle, a lot of innovations are needed like ODR, e-courts but these cannot be implemented successfully because no proper legal enabling framework exists and this leds to poor performance of e-governance initiatives which relies on technology use but technology has failed to find a suitable place on legal and judicial fronts because of poor implementation and this is how, a vicious circle moves on.

Posted by: Techtalk | January 28, 2011

Duckduckgo: For Privacy Enthusiastics And Others

While it is still premature to predict whether privacy or efficiency would be the decisive factor for search engines, but one thing is for sure. DuckDuckGo (DDG) is going to stay. Its main strength over other search engines like Google and Yahoo is that it is privacy oriented and is a great combination with the onion routing (TOR) software.

While Google and Yahoo do not provide user friendly results for their services if TOR is used, Bing is an exception. Bing does not show any error like Yahoo or ask for capacha verification like Google while using TOR.

However, when it comes to DDG, not even Bing can match it. This is because of the unique and anonymity features of DDG. If you use DDG through TOR using latest version of Firefox, your privacy is assured to a great extent. Google, Yahoo and Bing fail on this front.

However, some additional steps must be taken by users to get a stronger anonymity. They must manage their plugins and addons and must ensure that their information is not leaked by them. Take special care of java and java scripts through NoScript along with a Firefox browser.

Use DDG and have a safe, secure and private browsing experience.

Department of telecommunication (DoT) India has issued instructions to mobile service providers to “reverify” it pre paid connection subscribers. Even if a consumer had duly submitted relevant and complete documents at the time of pre paid connections, she is again asked to resubmit the same.

This is against the principles of good governance and is a bad policy decision as it is harassing law abiding and honest people. So far millions of connections have been disconnected due to this paranoid drive of DoT, India.

In a welcome step, Praveen Dalal, Supreme Court Lawyer, filed a complaint at DARPG against DoT/Vodafone. He has also sent a show cause cum legal notice to Vodafone.

He has maintained that this process of reverification is violating the consumer law and other laws of India. He has also raised issue of “indemnification’ in case either the previously submitted documents or newly asked documents are misused by any person.

In case of misuse, both mobile service providers like Vodafone and DoT India must be held responsible for the loss arising out of misuse of such documents.

If this drive of reverification continues, consumer cases and civil proceeding may be filed by thousands of people and this situation must be avoided by government of India. When the national litigation policy of India (NLPI) is looking forward for fewer litigation matters, bad policy decisions by DoT India may frustrate the whole purpose.

Posted by: V K Singh | December 12, 2010

Critical Infrastructure Protection Policy Needed In India

Critical infrastructure protection (CIP) in India (CIP in India) is an essential part of homeland security of India. Homeland security is assuming importance these days in India. However, homeland security of India needs urgent rejuvenation as the same is not up to the mark. As the concept is new, it would be fair if India take two or more years to streamline its homeland security.

Further, cyber security issues are also closely related to homeland security of India. On the front of cyber security as well India has to cover a long distance. India must develop cyber security capabilities as soon as possible.

Cyber Security and Homeland Security are in infancy stage in India, says Praveen Dalal, Managing Partner of Perry4Law and leading techno legal expert of India. Both of them are very important to preserve India’s Critical ICT Infrastructure Protection. Further, India also needs a separate Framework for Cyber Security, CIP and Homeland Security issues, suggest Praveen Dalal.

With the growing cyber threats against India like cyber terrorism, cyber warfare, cyber espionage, etc, it is very much required to have good cyber security strategy in India. India also needs to formulate suitable ICT policy covering all these crucial issues.

However, of all the requirements the most important one pertains to techno legal skill development in India. Indian government or its agencies do not have sufficient numbers of skill workforce to deal with issues like cyber law, cyber security, cyber forensics, cyber warfare, cyber terrorism, cyber espionage, etc.

We have just a single techno legal cyber security research, training and education centre (CSRTCI) in India. The CSRTCI is managed by Perry4Law Techno Legal Base (PTLB), one of the techno legal segments of Perry4Law and spearheaded by Praveen Dalal himself.

Finally, India has also not shown much interest in formulation of techno-legal crisis management plan (CMP). Although many talks in this regard have been undertaken, a concrete action in this regard is still awaiting.

Home Minister P Chidambaram must take initiative regarding cyber security, cyber forensics, cyber warfare, etc. Home Ministry is currently undertaking projects like Natgrid, CCTNS, etc and it would be a good idea to cover areas like CIP, homeland security, and CMP as well.

« Newer Posts - Older Posts »

Categories