National Counter Terrorism Centre (NCTC) Of India Got Cabinet Approval

The National Counter Terrorism Centre (NCTC) of India is a “Dream Project” of Home Minister Mr. P. Chidambaram. The NCTC Project of India is also very “Significant” for the National Security of India. Terrorist Attacks against India are on increase and we need a “Specilaised Institution” like NCTC to provide Valuable Intelligence Inputs and Leads.

According to Media Reports, the Central Government's Cabinet Committee on Security (CCS) on Thursday cleared the proposal to set up NCTC. It is expected that the NCTC may get Cabinet Approval this month. It is also expected that NCTC would be an expanded form of the Multi-Agency-centre (MAC), the Nodal Intelligence Cell under the Union Home Ministry.

NCTC would be the “Central Body” that would include, among others, the Intelligence Bureau (IB)’s MAC, Joint Intelligence Committee, National Technical Research Organisation (NTRO) and the National Security Guard. NCTC would be supported by National Intelligence Grid (NATGRID) Project, Crime and Criminal Tracking Network and System (CCTNS), etc.

Projects like NCTC, NATGRID, CCTNS, etc are Crucial for National Security of India. However, they must be “Properly Planned and Executed”. These Projects should not face the same “Fate” that the Aadhar Project of India has faced.

These Projects must be implemented with Proper Planning and Foresight. Further, a “Special Care” must be taken get “Parliamentary Oversight” for these Projects before they are made “Operational”. These Projects cannot serve their purpose if they do not defend Civil Liberties and ensure Procedural Safeguards for Protection of Human Rights in Cyberspace through a Legal Framework. For instance, Intelligence Gathering should not violate Privacy Rights of Indians.

The NCTC would be reporting to the Union Home Minister and it has been reported that it would be “Accountable to the Parliament”. Presently Intelligence Agencies of India are not governed by any Legal Framework. Even the draft Intelligence Services (Powers and Regulations) Bill 2011 has failed to become an applicable law. Strangely, even the proposed Central Bureau of Investigation Act 2010 failed to become an applicable law.

As on date, both Intelligence Agencies of India and CBI are working in India without “Constitutional Laws” governing their operations. This is a “Serious Issue” that Indian Government must resolves as soon as possible. Even for the successful operations of Projects like NCTC, NATGRID, CCTNS, such “Parliamentary Oversight” is essential. I hope Mr. P. Chidambaram would consider these issues on priority basis.

Supreme Court Of India Must Expand Privacy Rights In India

Enactment of suitable Privacy Laws in India is long overdue. However, the Government of India has not considered this issue to be important enough.This is so even if Projects like Aadhar, NATGRID, CCTNS, etc may be declared to be “Unconstitutional” by Constitutional Courts of India. The matter is pending before the Supreme Court and this occasion can be utilised by it for prescribing “Stringent and Suitable” Privacy Rights Guidelines.

Few things related to 2G Scam have happened in the right perspective so far at the Supreme Court of India. The questioning of Supreme Court regarding inaction on the part of Prime Minister’s Office (PMO) India, giving due credit to the CAG’s Report, accepting Ratan Tata’s Writ Petition regarding Privacy Rights Violation, etc are some of them.

The latest to add to this list is denial of Supreme Court to issue any “Interim Relief” in the Tata’s Writ Petition and issuing of notices to open and outlook magazines which had published contents of the alleged taped conversation.

Tata had sought an interim relief for restraining the respondents from further publication of recorded conversations between him and Radia. He also sought an Injunction that would prevent the publishing and circulation of the contents of these conversations in “Any Form”. However, is it possible and does it make any difference at this stage?

The answer seems to be in Negative although Tata may not like the same. This is because contents of conversations are already out in “Public Domain” and on multiple traditional and electronic mediums and platforms. It is not possible for the Supreme Court of India or even for the Government of India to do much at this stage and in this regard.

However, one aspect has skipped the attention of all parties to the Writ Petition and even of the Supreme Court. The sole purpose of Ratan Tata seems to be to protect “His Privacy Rights” by preventing the “Disclosure and Circulation” of conversation or communication recorded through “Surveillance Methods” of State machinery. At this stage this concern and demand seems to be “Infructuous” and “Academic Purpose” only. This is because even if Supreme Court of India provides the “Relief” that Tata is claiming “In Toto”, the “Contents” of the conversation would remain on Internet and this is next to impossible to remove.

There is a blessing in disguise in Tata’s Petition. This is a golden chance for the Supreme Court of India to analyse the “Implementation” of its decision in the PUCL case (Phone Tapping Case). The Supreme Court must “Widen” the scope of Privacy Rights in India not only in the context of Phone Tapping but in an “Overall Manner”. The Supreme Court must formulate and lay down the widest possible “Guidelines” regarding Privacy Protection in India as it has done in the Vishaka’s Case (Guidelines against Sexual Harassment).

I hope this Writ Petition by Tata would come as a rescue of Fundamental Rights in general and Right to Privacy of Indians in particular. The only question that remains to be seen is will the Supreme Court of India protect Privacy Rights of Indians at large? I am optimistic and would be glad to see this outcome.

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

National Security and Internal Security Infrastructure Of India

National security of India has recently received a rejuvenation attempt by the Government of India (GOI). This is good news at a time where the national security issues are grossly ignored in India. The national security of India and internal security of India are suffering not only on the count of lack of political will but also due to absence of suitable policies and strategies.

The ICT Trends of India 2009 have also proved that India has failed on the fronts of Cyber law of India, Cyber Terrorism in India, E-Courts in India, E-Learning in India, Unique Identification Project of India, Serious Frauds and White Collar Crimes, National Security Issues, Crime Reporting by Media, Internet Banking Frauds, Cyber Security of Defense Forces, Cyber War in India, E-Surveillance in India, etc.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Indian approach in this regard is not sensible at all. We should not invest thousands of crores of Indian rupees into security projects that can be manipulated and sabotaged in minutes. Rather we should first analyse the weaknesses and security holes of the same before buying and installing it.

After all security of a Nation is proper application of “common sense” rather than wasting unlimited amount of money. Crime and Criminal Tracking Network & Systems (CCTNS) of India, Unique Identification Authority of India (UIAI), Rs 800 crores centralised facility to control phone tapping activities in India, etc are some of the projects that require common sense application before their implementation. They have to be tested in a “limited environment” before using them in a full fledged manner, says Praveen Dalal.

It seems Indian security initiatives have to be holistically analysed and suitably applied. The Indian security infrastructure and workforces are not in good shape and require rejuvenation. We need a techno-legal security workforce and not personnel who do not have even the basic facilities and technological means and knowledge. The terrorist attacks have really shattered the deep pervasive false sense of security present in the Indian government mentality. We have to think and act against such internal and external threats by going beyond a "political debate". We can fool ourselves by bragging about India’s capabilities and victories against terrorism and cyber terrorism and keep on facing future attacks and bear the traumatic casualties. Alternatively, we must accept our weaknesses against such attacks and take constructive steps to anticipate, prevent and counter such future terrorist and cyber terrorism activities, warns Praveen Dalal.

With a new ray of hope shown by the recent stress upon national security of India we can expect some good results in this direction. However, India is famous for mere assurances and proposals without actually implementing them. Similarly, due to faulty management and policies even the implemented projects have failed in the past. Let us hope that this time India would do the proper homework before starting an initiative that it cannot implement and run.

SOURCE: MYNEWS