Cabinet Committee On Security Of India Desires Safeguards In Natgrid Project

Recently the proposal to establish national intelligence grid (NATGRID) in India was considered by Cabinet Committee on Security (CCS) of India. However, the CCS was advised in advanced by techno-legal experts like Praveen Dalal regarding the possible political misuse and violation of civil liberties of the Indian citizens. As a result, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

In the past Praveen Dalal has suggested that NATGRID is an essential requirement for robust and effective intelligence agencies and law enforcement functions in India. The only requirement is to ensure that its abuses can be anticipated, prevented and remedied.

The Home Ministry of India would now start fresh discussions with various stakeholders to ensure that NATGRID may not be abused in future. The task is difficult and it would be beneficial to consult good techno-legal experts in this regard.

The most important aspect that must be kept in mind by the government of India is that it must reconcile the national security aspects of India with human rights protection in cyberspace. This is a difficult task especially in the absence of a dedicate privacy law and data protection law in India, says Praveen Dalal.

A “dedicated resource” in this regard has been launched by Perry4Law [ http://perry4law.com/hr/index.html ] in this regard that may be helpful for the Indian government while implementing projects like Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

SOURCE: MYNEWS

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

UNCONSTITUTIONAL LAW MAKING AND HUMAN RIGHTS

Every Nation makes wrong and distorted laws at some point of time or other. The courts, as guardians of basic Human Rights and other statutory rights, declare such laws bad. On such declaration these laws become “Unconstitutional and Inoperative” being against the very Constitution that regulates the conducts of Executive, Legislature and Judiciary. The Constitution has bifurcated essential tasks to these three sovereign constituents of the Constitution in the hope that each would keep a check upon the other. The real problem starts when one branch of Governmental functioning becomes “All Powerful” and starts influencing the others one.

The Executive branch is generally considered as the most powerful and dangerous branch all over the World. India is definitely no exception to this rule. The real problem arises when the Government has a “Free Go” to do whatever it likes and the Judiciary becomes a “Moot Spectator”. In that case, the Constitution in general and the Human Rights in particular looses their “Significance and Impact”. Surprisingly, this scenario is very “Commonly Found’ all over the World. The”Judicial Activism” astonishingly stops at this point of time and the concept of “Suo-Motu Action” becomes an alien concept.

This is the point and stage at which “Totalitarianism” creeps in and the laws are imposed upon the citizens of the concerned Nation. We have been witnessing such “Draconian Laws” all over the World these days. As far as India is concerned, it just entered the “League” by suggesting (it has yet to become an applicable law) the Information Technology Amendment Act, 2008 (IT Act, 2008) that contains provisions which are bound to be abused very soon.

The first thing that is worth noticing about the IT Act, 2008 is that it has been passed without any “discussion or debate” by the Parliament of India. Many laws were passed in similar fashion within few minutes. This is not the “Mode and Manner” that the Constitution of India has prescribed for law making in India. This episode has just shown that the Government of India (GOI) is just interested in “basic formalities” without meeting the “Rigours and Mandates” of the Constitution of India (COI). The heavyweight concepts like “Democracy”, “Parliamentary Democracy”, etc just proved mere words having no significance for and restrictions against the Parliament at all. All that the GOI is interested in is some law, howsoever bad and offensive it may be, to fall back upon and justify its illegal and unreasonable actions in future. It failed to appreciate that a law must be “Just, Reasonable and Fair” to escape the clutches of Articles 14, 19 and 21 of the COI. Otherwise it would be declared as “Unconstitutional” by the High Court(s) or the Supreme Court of India.

Now the IT Act, 2008 is violative of Article 14, 19 and 21 and other Fundamental Rights on “Numerous Counts” (would be discussed separately and subsequently). However, the GOI is “Very Strongly Interested” in pushing it further despite all odds. With the unreasonable and illegal e-surveillance provisions in the IT Act, 2000 and other deficiencies, the floodgate of litigations would be opened soon.

However, what would happen if neither Executive nor Judiciary would be “Interested” in challenging and analysing this “Unconstitutional Law making”? The answer is very simple. The modern version of “Private Defense” would come into play with full rigours and beyond the capacity and capabilities of GOI. To give an example let us consider the cases of “Blocking of Websites” by GOI in the past. The GOI has blocked various websites from time to time. However, Netizens found the methods of bypassing the same by relaying the traffic through “Proxies”. A site not accessible in India can be accessed through US, UK or at any other place through this mode.

The GOI must understand that it is wasting Crores of hard earned public money on “Futile and Unconstitutional Actions”. This way they are not going to catch the real culprits but would only harass the innocent victims and Netizens.

This initiative has been primarily undertaken to suggest relevant policies and strategies to the Government of various Nations in general and Government of India in particular regarding valid, legal and constitutional e-surveillance and e-actions. At the same time this platform would also suggest various “Techno-Legal Measures” to avoid illegal, unreasonable and unconstitutional e-surveillance and e-excesses by various Governments. To achieve this purpose this platform would suggest both “Technological” as well as “Legal” measures.

Needless to mention that this initiative intends to “Safeguard” the interest of law abiding Netizens alone and is not a platform for criminals and offenders to settle their scores against the respective Governments. All suggestions, strategies, measures, etc suggested at this platform are subject to the “Disclaimer” available at this site. Readers and viewers of this site must act on their own discretion after duly consulting the Legal and Law Enforcement Personnel.