Natgrid Project Of India Must Comply With Civil Liberties To Be Constitutional

The importance of Human Rights in Cyberspace was recently reiterated when the Cabinet Committee on Security (CCS) of India asked for further “Safeguards” before the National Intelligence Grid (NATGRID) can be launched in India. The Home Ministry has to now ensure “Adequate and Strong Safeguards” before Natgrid can be launched in India.

Human Rights Protection in Cyberspace is a tricky issue. On the one hand we have to respect the civil liberties like right to privacy, right to speech and expression, right against Internet censorship, etc whereas on the other hand we have to comply with the State’s right to regulate its citizens and territories. Here comes the real problem as Internet or cyberspace is boundary less.

The problem is not unique to India alone but is a universal problem. Whether it is the “anonymity controversy” regarding Google or recent controversy regarding “censorship” by China or the blocking of the website of zone-h.org in India or any other similar incidence, governments all over the world are unable to cope up with the present information and communication technology (ICT) systems. As a result they are superimposing the traditional concepts to cyberspace resulting in absurd results, says Praveen Dalal, leading techno-legal expert of India.

There is an emergent need to formulate good techno-legal regulation regarding human right protection in cyberspace. We cannot blindly apply the traditional concepts to cyberspace and we need a separate and dedicate branch of techno-legal laws and regulation in this regard. In the Indian context one such initiative has already been undertaken by Perry4Law.

The initiative intends to provide a techno-legal framework to the stakeholders and governments. In the Indian context, it would cover those areas that have a tendency to violate human rights in real life as well as cyberspace. Some of the areas include 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.

The “suggestions” of Praveen Dalal regarding privacy protection and prevention of potential misuse of information for political ends gathered through NATGRID have already been accepted by the Cabinet Committee on Security (CCS) of India. In the end, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

Let us hope that the proposed initiative on protection of civil liberties in cyberspace would prove useful to all concerned.

SOURCE: OPEDNEWS

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

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

The Cyber Genome Project And Its Cyber Security Implications

The Defense Advanced Research Projects Agency (DARPA) of United States has recently announced one of the most crucial projects managed by it. It has revealed the initiation of “Cyber Genome Program”. The aim of the project is to trace the source of any digital information whether it is a document, malware or any other electronic communication.

As a part of this project, digital artifacts are collected from various live systems such as traditional computers, personal digital assistants, and/or distributed information systems such as cloud computers, from wired or wireless networks, or collected storage media. The format may include electronic documents or software.

According to Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “The project is a very crucial one for the Internet in general and cyber security in particular. It would raise the standards and challenges for cyber security and cyber forensics and would take them to the next revolutionary level. However, the project requires tremendous techno-legal expertise that can be gathered through “collective expertise” only”.

At the same time the Cyber Genome Project would also involve many other legal issues as well. It would not be an easy ride for the project in the absence of an “International Harmonisation” as acts undertaken under the project may be found offending by many jurisdictions. This may also involve “retaliation actions” by those who may feel offended by such tremendous power over the Internet and interconnected networks, warn Praveen Dalal.

The project is at the very initial stage and till its maturity lots of troubles and doubts would be already removed. Let us hope that the project would be successful in preventing and remedying the cyber threats and cyber crimes worldwide, says Praveen Dalal.

AUTHOR: TECHTALK

SOURCE: GROUND REPORT

NATGRID Must Be Handled Properly To Survive

NATGRID may be a good platform for India to strengthen its intelligence and law enforcement initiatives. However, it cannot survive in the absence of “Political Will” to make it an effective and responsible tool. With the benefits of NATGRID come the issues of accountability and fairness in its operation. India must formulate adequate "Safeguards" before making NATGRID functional. The NATGRID project must not die like the other projects handled by India from time to time.

National Intelligence Grid (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, says Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India.

The Ministry of Home affairs, India is managing this ambitious NATGRID project. It sent the proposal to establish NATGRID to various other allied Ministries for their suggestions. Now Ministries like external affairs, finance, defence, telecom, etc have provided their suggestions in this regard. This has paved way for the final clearance of the project.

Techno-Legal specialist Praveen Dalal informs that the aim of NATGRID is to ensure a readily available and real time information sharing platform between intelligence agencies, law enforcement agencies, etc of India. Information gathering and its timely distribution is also an essential part of “Crisis Management Strategies” of any nation. While the NATGRID system is a must for India, yet India has to make it sure that it is not abused for “Political Purposes” and in a manner that goes against the provisions of the Constitution of India.

The scope for misuse is tremendous as NATGRID is planning to link 21 categories of databases maintained by different public and private agencies for ready access by the country’s intelligence agencies. There must be “mechanism” to ensure that this wonderful system may not be abused, warns Praveen Dalal.

Since the concerned ministries have cleared the proposal the same will be now placed before the Cabinet Committee on Security (CCS) for approval. The CCS consent would be the penultimate step for the establishment of NATGRID within next two years, i.e. till 2011. It would be a good idea if the CCS “consults” experts and stakeholders before finally approving the projects, opines Praveen Dalal.

SOURCE: GROUND REPORT

Electronic Surveillance And Encryption Standards In India

E-Surveillance of Internet communications is not a new concept as it has been happening for many years in the intelligence agencies circles world wide. It also adversely effects "Human Rights in Cyberspace". However, now even others are using “sniffers” and other tools to gather information and communications happening between the sender and the recipient. The same is possible because of non-use of strong encryption techniques while communicating. India is insisting upon weak encryption standards and usage on the recommendations of intelligence and security agencies. This would not deter the criminals and terrorists to use the same but would make the online transactions of law abiding citizens vulnerable to eavesdropping and sniffing activities.

Electronic surveillance has been in place for long. Internet communications are sniffed by not only law enforcement agencies and intelligence agencies but also by cyber criminals. Now even terrorists are using technology for their nefarious activities.

Recent news has revealed that some unknown Pakistani hackers had intercepted an official email communication between J&K Police’s intelligence chief and the J&K Chief Minister. However, it is claimed that the intercepted email did not carry “sensitive information”. As per a senior police officer this is normal as both sides do it.

Omar Abdullah, Chief Minister J&K, has been encouraging use of Information and Communication Technology (ICT) for government functions. He has been seeking police reports and daily confidential police bulletins through e-mails instead of traditional mailing system.

According to Mr. Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India, “Electronic communications sniffing is a very effective mechanism to steal e-mail passwords and confidential information. The same happens if the sniffer is at the same network in case of wired networks or through airwaves if he is targeting the wireless networks”.

To avoid the interception of the email communication by the security agencies, terrorists are not communicating between two email addresses but use a single address with several people knowing the password. The militant then save the document in the draft folder which could be subsequently read by his companions.

Similarly, security agencies are also adopting various methods to keep their e-communications safe and secure. This tussle between the terrorists and security agencies would further increase in the distant future and India should be well prepared to deal with the same.

India must also ensure that encryption standards are suitably regulated through a good and strong cyber law so that security and law enforcement requirements can be reconciled, opined Praveen Dalal. Presently, India is confused regarding the same and trying to stifle the same as much a possible. Indian authorities are insisting upon 40 bits encryption for long whereas anything below 128-bit encryption is equivalent to no encryption at all.

An enhanced encryption use would not only strengthen public trust in online transactions but also would prevent unauthorised e-surveillance by the State. However, Indian Department of Telecommunications has not been uniform in its stand against encryption standards in the Blackberry services in India. The security agencies of India are insisting upon weak encryption standards in India so that they can monitor the electronic communications of Indian citizens and others. This is resulting in an enhanced and unregulated electronic communications sniffing in India. India must change its attitude in this regard as this approach would bring more troubles than benefits.

AUTHOR: TECHTALK

SOURCE: GROUND REPORT

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

Centralised ICT Control Centre For Intelligence Agencies Of India

Intelligence agencies of India need streamlining. There are numerous intelligence agencies operating in India. However, there is no “Centralised Command” for the same. This results in an anomaly as there is no single authority to whom all of them can report and share their intelligence and other inputs. The worst part is that the acts and omissions of these intelligence agencies are not governed by any legal framework. In short, the intelligence agencies have no clear cut direction, guidance and control. Time has come to create a good and effective “Intelligence Infrastructure” in India. Perry4Law recommends that a “Centralised ICT Control System” must be established by the Home Ministry of India under the guidance of Mr. P.Chidambaram.

Internal security and national security issues of India are complicated to be tackled. This problem has further been goaded in the dearth of a suitable ICT Policy for National Security issues in India. The scornful collapse of the e-governance projects in India has put at rest the empty claims of Indian government to use ICT for national security purposes.

Even the ICT Trends of India 2009 have exposed that Indian efforts regarding reformation of legal, judicial, administrative, law enforcement, intelligence agencies functions, etc through application of ICT have faced grave failures in the year 2009. There is also little hope that the same would be revived in the year 2010. On what basis the government of India (GOI) would use ICT for national and internal security of India is still an unresolved issue.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law, “Intelligence agency of a country plays an important role in its internal and external security. There must be a “Centralised ICT Control System” to govern intelligence agencies if there are more than one. If there are numerous intelligence agencies working for different government departments, there is a possibility of lack of coordination and inadequate and inappropriate information sharing. Nothing can be more beneficial than a “Centralised ICT Control Centre” for the Indian National and Internal Security.

The government of India has yet to enact suitable laws governing intelligence agencies on the one hand and set up a centralised “Control System” for them on the other. India must give up the practice of achieving goals on paper only and must be truthful and accountable to its commitments. Let us wish that GOI would come up with effectual and reliable national security actions concerning the suggestions provided by experts in this regard.

SOURCE: MYNEWS

E-Governance Projects In India Have Failed

E-Governance has never been managed properly in India. There is no transparency, lack of accountability and abundance of corruption pervading and marring the E-Governance initiatives and projects of India. The almost depletion of projects like E-Bharat is a classical example of inadequate e-governance capabilities of India. Ironically, the chief instrument (e-governance) that was supposed to prevent and eliminate corruption from India has itself become an instrumentality and breeding ground for corruption in India. There is an emergent need of demanding accountability from the corrupt officials and ministers who have doomed Indian e-governance initiatives for long. Further, funding agencies and organisations like UNDP, World Bank, etc must actively seek “Management Controls” over e-governance projects they are supporting in India as leaving it in the hands of corrupt officials would be detrimental to the interest of common man of India.

Information and Communication Technology (ICT) is the core strength of business community of India. The same has, however, failed to find a place in the national policies and strategies of India and in governmental dealings. The ICT Trends of India 2009 showed the naked truth of the contrary claims of Government of India. Despite negative reports and progress in India, the Indian government is loyal to the “India Shining Syndrome” rather than concentrating upon real and effective ICT projects management in India.

According to Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law “The Government and Indian Bureaucrats need to change their mindset and stress more upon outcomes and services rather than mere ICT procurement. India needs a services-based approach that is not only transparent but also backed by a more efficient and willing Government. Presently the Bureaucrats and Government of India are in a “resistance mode” towards novel and effective e-governance policies and strategies and they are merely computerising traditional official functions only. This is benefiting neither the Government nor the citizens and is resulting in wastage of thousands of crores of public money and UNDP/World Bank grants amount”.

The continued apathy, mismanagement and lack of accountability has finally shown its impact. The World Bank refused to operationalise the e-governance support project known as “E-Bharat” without its active management role in the same. The World Bank did not agree to the framework for implementation of E-Bharat as it was insisting on certain conditions to manage the project. For instance, against a hands-on project management approach being favoured by the World Bank, India was pushing for a programme mode where assistance could be linked to targets or milestones.

The expectations of World Bank are justified as there is a complete failure of e-governance projects in India barring few exceptions. In the absence of transparency and accountability, investing Crores of rupees in Indian e-governance projects is not a wise and profitable option. The World Bank must actively engage in day to day management functions of the projects it is sponsoring or funding.

In fact, the Parliamentary Standing Committee on IT, in its latest report noted that e-Bharat project was “in trouble”. Following the Government's decision not to establish a dedicated Special Purpose Vehicle (national e-governance agency), a requirement insisted on by the World Bank earlier, the Bank had advocated a newer look to be adopted inter-alia suggesting termination of the preparation of the E-Bharat Project. With the management controls in its hand, the World Bank may continue this much needed e-governance project of India. It would be good for Indian common man if other fund providing agencies like UNDP also take similar steps so that e-governance projects are not eaten up by corruption of Indian officials.

SOURCE: MYNEWS

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

ICT Trends And Analysis In India 2009 By Perry4Law

Information and Communication Technology (ICT) is one of the core strengths of India. However, many aspects of ICT are still not within the competence of India. India is performing poorly in many areas of ICT and there is an urgent need of establishing transparency and accountability within the governmental departments so that India can perform better. India must also pay attention towards protection of "Human Rights in Cyberspace". Perry4Law and PTLBTM/SM have been providing ICT Trends In India, Cyber Law Trends in India, Cyber Security Trends in India, Cyber Forensics Trends in India, etc for long. This is the current ICT Trends of India 2009 by Perry4Law.

The present trends report is covering topics like Cyber law of India, Cyber Terrorism, 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.

The report has clearly established that India once again failed to cater the growing contemporary demands of ICT and their legal, judicial and public service providing applications. The predominant reason for the same seems to be lack of political will to achieve the needful. Though India makes lot of declarations yet hardly one or two is actually implemented. India is more interested in accomplishments that can be found on papers only rather than real, effective and grassroot level achievements.

The report concludes that “Indian efforts for streamlining use of ICT have further degraded from 2008. The year 2009 saw some major ICT pitfalls and bad decisions were made by the GOI. Overall the year 2009 can be said to be “Blunder ICT Year” of India despite all contrary governmental claims.

SOURCE: MYNEWS

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.