HUMAN RIGHTS HAVE ALWAYS BEEN NEGLECTED AND BLATANTLY VIOLATED ALL OVER THE WORLD. THESE HUMAN RIGHTS (HR) AND FUNDAMENTAL RIGHTS (FR) HAVE NOW TAKEN AN ALTOGETHER DIFFERENT SHAPE IN THE INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) DRIVEN WORLD. THE NATIONS ARE INCREASINGLY BECOMING “POLICE STATES” AND “ENDEMIC SURVEILLANCE SOCIETIES”. THE VICES OF ILLEGAL E-SURVEILLANCE, PRIVACY VIOLATIONS, HUMAN RIGHTS VIOLATIONS, FUNDAMENTAL RIGHTS VIOLATIONS, ETC ARE BECOMING COMMON AND WIDELY SPREAD ALL OVER THE WORLD. THIS PLATFORM IS TRYING TO PROVIDE “TECHNO-LEGAL REMEDIES” TO NETIZENS SO THAT THEY MAY PROTECT THEMSELVES FROM THE “OVER ZEALOUS AND OVER CAUTIOUS STATE ACTIONS” THAT ARE BY THEIR VERY NATURE ILLEGAL, UNCONSTITUTIONAL AND INHUMAN.

Showing posts with label Cyber Law In India. Show all posts
Showing posts with label Cyber Law In India. Show all posts

Friday, February 5, 2010

Computer Forensics Training Providers In India

Human Rights protection in cyberspace cannot be achieved till the police officers, lawyers and judges are aware about the application of technology to civil and criminal proceedings. The same essentially requires a sound knowledge of cyber laws as well as the application of cyber forensics to various proceedings. Indian police officers, lawyers and judges are, by large, unaware about cyber laws. The position is even worst when it comes to cyber forensics that is a totally alien concept to Indian legal and judicial system. There is an emergent need of cyber law and cyber forensics training of the police officers, lawyers and judges in India.

Cyber Forensics is a very recent scientific development and countries all over the World are struggling hard to incorporate the same in their respective legal and judicial systems. Cyber forensics is also a part of legal enablement of ICT system that essentially creates a legal framework incorporating the prerequisites of cyber forensics.

Cyber Forensics is an important field of criminal investigation. However, it requires a sound expertise to be practiced. In India we have very few experts who can provide cyber forensics services in an appropriate manner. Presently, India does not possess the required capabilities and law enforcement machinery finds it really difficult to deal with modern cyber crimes.

As per Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Computer Forensics or Cyber Forensics in India has started gaining importance out of the necessity to deal with growing cyber crimes. Though India has taken some steps in the direction of enacting Information and Communication Technology (ICT) related law in the form of Information Technology Act, 2000 (IT Act, 2000), yet by and large it failed to provide a sound and secure law in this crucial direction. The result is too obvious. India has to depend upon foreign experts and institutions/universities for cyber forensics tasks”.

In the absence of governmental efforts in this regard, world renowned techno-legal firms like Perry4Law can be really helpful in fighting cyber crimes in India. Issues pertaining to hacking, data thefts, data security, cyber terrorism, financial frauds, privacy violations, etc must not be taken as lightly as has been done by India.

Perry4Law possesses techno-legal expertise for cyber law, cyber forensics, cyber security training, consultancy and solutions providing to various stakeholders. Perry4Law Techno-Legal Base (PTLB) is India’s first and most prominent techno-legal initiative that is providing techno-legal training to various players. It is also acting as India’s first and most effective Resource Centre for Cyber Forensics (RCCF) and cyber forensics software testing platform.

Perry4Law and PTLB provides techno-legal services in the fields like cyber law, cyber forensics, crime and criminal tracking network and systems (CCTNS), techno-legal training to police officers, lawyers and judges, national mission for delivery of justice and legal reforms (NMDJLR), etc.

The government of India must also take immediate steps to acquire indigenous capabilities at the national level. With the growing threats of cyber terrorism and cyber warfare, India should not be as complacent as it is.

AUTHOR: SHAYAM PRASAD

SOURCE:
GROUND REPORT

Saturday, January 23, 2010

India Is Adopting Double Standards Regarding Its Cyber Law

India is adopting double standards and creating a façade to hide its incompetent and weak cyber law. On the one hand the government made the cyber law a safe heaven whereas on the other hand it is trying to show that it is serious about cyber crimes. If the government is so serious about cyber crimes, why it made it criminal friendly and a safe heaven for the cyber criminals? This double standard of Indian government would create lot of socio-economic problems in the contemporary modern society of India.

The Parliament of India is either not willing to enact suitable laws in a timely manner or it makes absurd laws like the Information Technology Amendment Act 2008 (IT Act 2008). India is already struggling hard to tackle cyber crimes and cyber contraventions. However, what is more confusing is why Indian government made India a Safe Heaven for cyber criminals? Further, with the IT Act 2008 India became an E-Surveillance State. The E-Surveillance may be crucial for Indian National security and Internal Security vis-à-vis information technology but even these crucial capabilities are missing. The cyber warfare capabilities of India are still decades far away. The net result due to the Irrational Cyber Law of India is that there is a complete Cyber Anarchy existing in India.

Realising the gravity of the situation, Mr. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, sent a communication to the Government of India including the Prime Minister of India, President of India, Supreme Court of India, Ministry of Parliamentary Affairs, etc in this regard. The government reciprocated through media by showing its concern regarding the rising number of cyber crimes in India. Now the Centre is planning to assign the Central Bureau of Investigation (CBI) to investigate cases registered under the Information Technology Act 2000 (IT Act 2000) in the country. This is the irony of Indian political thinking. On the one hand they made almost all the cyber crimes in India “Bailable” whereas on the other hand they are “showing concern” for the very same cyber crimes that have been committed due to the lax cyber law of India that they enacted, says Praveen Dalal.

The Centre has in a letter to the State Governments requested them to issue general consent for the handing over of such cases to the CBI. The CBI cannot proceed till the States grant it permission to do so. This step of the Centre may be a compulsion as Indian law enforcement needs Techno-Legal Training to solve cyber crimes effectively. Surprisingly, the Centre is aware that cyber crimes are affecting the life of the general public and cases of phishing, online credit card fraud, hacking, pornography and theft of data, source code and identity are on the rise. It also believes that these cases have national and international ramifications and affect national security. What is not understandable is why such serious crimes have been made bailable and why India has been made a cyber heaven for cyber criminals, questions Praveen Dalal.

The only explanation to this strange behaviour of Indian government may be that it is “confused” regarding its cyber law. Further, Indian government cannot enact strong and stringent cyber law because the “industry lobbying” of Indian companies would not allow it to do so. Till India acquires good “legislative skill” and shows its will to provide a robust cyber law of India, the confusion will keep on marring the government’s decision making power.

AUTHOR: SHAYAM PRASAD

SOURCE:
GROUND REPORT