Saturday, April 30, 2011

RBI Guidelines On Steering Committee And CIO Not Followed

Reserve bank of India (RBI) has recently directed that all banks would have to create a position of chief information officers (CIOs) as well as steering committees on information security at the board level at the earliest.

This direction was provided through the information technology vision document for 2011-17 (IT Vision 2011-17). It has suggested many technological as well as legal reforms for banking sector of India.

Although the direction to have CIOs and steering committee is very clear yet till now banks in India has failed to comply with this direction. RBI said that the banks need to ensure implementation of basic IT organisational framework and put in place policies and procedures which do not require extensive budgetary support, infrastructural or technology changes, by October 31, 2011. The rest of the guidelines need to be implemented within period of one year unless a longer time-frame is indicated.

Till now there are no hints given by banks of India that they are taking the cyber security aspects of banking seriously. With growing cases of ATM frauds, credit card frauds, online banking frauds, etc banks of India need to take immediate steps to strengthen their cyber security practices.

It seems RBI needs to remind the banks once again about this much needed requirement so that harassment of banking customers can be minimised in India.

Access to Justice For Indian Marginalised People

This is the updated version of my previous article on similar topic. This article focuses on strengthened access to justice in India for poor and marginalised segments of India. At the same time it also provides information and communication technology (ICT) related means and methods so that easy and cost effective justice to the poor and marginalised in India can be ensured. This can be done by inculcating appropriate skill development, especially e-courts skill development capabilities, to lawyers and judges of India.

Another crucial aspect is that e-courts in India can make Indian judicial system more transparent and user friendly. Although e-courts project of India has been launched as a mission mode project under the national e-governance plan (NEGP) of India, it has failed to materialise so far. Despite spending crores of money, we are still waiting for the establishment of first e-court of India.

Of late, the Law Minister Mr. Veerappa Moily has been very active in suggesting judicial reforms in India. They are very good reforms and if implemented in a timely manner would drastically reforms the judicial system of India. Indian judicial system needs a complete overhaul.

However, there are grey areas as well. Take the mobile train courts scenario. A better result could have been achieved through e-courts by not even leaving the court or chamber of a judge or lawyer. The extra costs and manpower could be saved by a good e-court model.

The problem seems to be lack of expertise and skill development initiatives to establish and manage effective e-courts in India. There is just a single techno-legal e-courts training, research and consultancy centre in the entire world. It is managed by Perry4Law Techno Legal Base (PTLB), the premier techno legal segment of exclusive techno legal ICT law firm Perry4Law. Fortunately, the same is an Indian centre and the same can be handy while inculcating techno-legal ICT skills among judges, lawyers, court staffs, etc.

Of course, appropriate training is required before the judges, lawyers, court staff, etc can actively use e-courts. Even that aspect has been taken care of by the online platform of PTLB. The judges, lawyers, etc can learn about important techno-legal fields like cyber law, cyber security, cyber forensics, telecommunications laws, e-courts, etc even while sitting in their respective chambers. Further, training in the area of online dispute resolution (ODR) is also available. We hope Law Minister Moily would consider these initiatives while bringing suitable legal and judicial reforms in India.

Friday, April 29, 2011

Cyber Crime Investigation Capabilities in India

India has a single law on cyber crimes. The cyber law of India is named as information technology act, 2000 (IT Act, 2000) and it is the sole cyber law of India. IT Act 2000 is also the sole law that deals with cyber crimes.

Cyber crimes in India have increased unchecked and dramatically partly due to the weak cyber law of India and partly due to poor cyber law knowledge among the police officers. This results in many cyber crimes remaining undetected and unsolved. Further, lawyers and judges are also not aware of cyber law of India and its fine details. This is the chief reason that in India we have very few cyber crime convictions.

Even on the front of cyber security India is not well situated. India is facing serious Cyber Threats and it needs good Techno Legal Skill Development Initiatives to have skilled manpower to meet such challenges, suggests Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of Perry4Law Techno Legal Base (PTLB).

It seems India has also realised that in the absence of adequate skills it cannot meet the challenges to its internal security. This is the reason why public private partnership (PPP) has been proposed for even internal security matters of India. World renowned techno legal institutions like PTLB can greatly help Indian government in maters like cyber law, cyber security, telecom issues, cyber forensics, digital evidencing, e-courts, e-discovery, cyber crimes investigations, etc.

In fact, the first techno legal cyber crime investigation manual of India would be released shortly by PTLB. PTLB is also providing exclusive courses on techno legal cyber law skill development in India. There are other techno legal skill development courses as well that are provided by PTLB.

The cyber crime investigation capabilities of India need to be enhanced. Police officers, lawyers and judges must be given suitable techno legal trainings so that cyber criminals can be nabbed and punished. Even the cyber law of India need to be repealed and a new and strong cyber law must be enacted. The sooner this is done the better it would be for the larger interest of India.

Skill Development For E-Courts Of India

E-courts in India can make Indian laws and judiciary more transparent and user friendly. Although e-courts project of India has been launched as a mission mode project under the national e-governance plan (NEGP) of India, it has failed to materialise so far. Despite spending crores of money, we are still waiting for the establishment of first e-court of India.

According to Praveen Dalal, managing partner of New Delhi base techno legal ICT law firm Perry4Law and CEO of India’s exclusive e-courts training and consultancy centre of India, E-Courts in India have still to see the light of the day. India is still at the first stage of Computerisation of some of the aspects of Courts. Full fledged E-Filling, Submission of Plaints and Documents Online, Online Evidence Producing, etc are still missing, informs Dalal.

Surprisingly there is no dearth of funds for the successful implementation of e-courts project of India. So what is the cause of this failure of e-court project of India? The answer seems to be lack of techno legal expertise to manage this ambitious project. Skill development in India is missing and this is more so regarding the e-courts skill development in India. In the absence of adequate skills, e-court project would never succeed.

Another reason for the failure of e-court project of India in general and Indian judicial system in particular is that judicial e-infrastructure of India also needs rejuvenation. Presently essential capabilities like e-filing, presentation, contest and adjudication of the cases in an online environment, etc are missing and India is just stressing upon “mere computerisation” with no actual work towards establishment of e-courts. E-courts services in India are an altogether different ball game that Indian courts and Indian government are not capable of playing with their existing capabilities and skills.

There are many future challenges that e-courts project of India would face. Without proper e-courts skill development in India, e-courts project is bound to fail. The techno legal skill development training and courses of Perry4Law Techno Legal Base (PTLB) can go a long way in bringing necessary skills for the successful implementation of e-courts project of India.

Thursday, April 28, 2011

Skill Development In India By PTLB

In this guest column, Perry4Law Techno Legal Base (PTLB) has shared its suggestions regarding skill development initiatives of India. Presently, Skill Development in India is at nascent stage and lot has to be done in order to make Indian workforce skilled and capable, says Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB.

India has one of the largest populations of young people. A dominant majority of these young people are unemployed and outside the stream of economic development of India. Another cause of concern is the poor quality of education system of India. Due to the faulty educational system of India most of the professional graduates cannot be absorbed into jobs of big companies and industrial houses. Skill Development in India, is therefore, need of the hour.

Further, Technical Education and Skill Development in India are also directly related. Although we have many educational and technical education institutions in India yet they are unable to produce qualitative manpower. At the end of the academic session, these professional graduates find themselves nowhere.

Here comes the importance of Skill Development Initiatives that India must undertake immediately. Online Education and E-Learning can play a major role in providing qualitative and multi disciplinary education and training to even the remotest areas of India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we provide a good combination of technical and legal Trainings, Coaching, Research and Education. In fact, PTLB is the exclusive Online Techno Legal Skill Development Initiative of India. Its Online Platform is providing diverse range of Techno Legal Education, Training, Research and Coaching in fields like Cyber Law, Cyber Security, Cyber Forensics, Digital Evidencing, E-Discovery, E-Courts, E-Governance, Police Trainings, Lawyers Trainings, Judges Trainings, etc.

In short, at PTLB we provide the Best Online Techno Legal Skill Development Trainings. Skill development is a highly specialised field and it requires domain specific expertise. This is the reason why it is best done through a Public Private Partnership (PPP) Model. PTLB is looking forward for Partners, Associates, Collaborators, Consortiums, etc in this regard. Interested Persons, Institutions or Organisations may contact us with their proposals in this regard with clear terms and conditions.

Sunday, April 24, 2011

The Data Protection Authority Of India

Data protection in India has assumed tremendous importance in the recent past. We have no dedicated data protection law in India. Despite numerous talks and declarations, India is decade away from a sound and effective data protection law.

In this background, Indian government has proposed draft right to privacy bill 2011 of India. It has also been declared that a data protection authority of India would also be constituted that would look into the matters of data protection in India and punishing the violations of the same. Only time would tell how effective these declarations would be.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of India, we have no “Dedicated” Data Protection Law in India. Even India does not have a Data Security Law and Privacy Law. This makes the sensitive information and personal details of Indian Citizens “Highly Vulnerable” to misuse, informs Dalal.

With the proposed use of Cloud Computing, Software as a Service (SaaS) and M-Governance by Indian Government, more “Privacy Violations”, “Cyber Security” and many more “Regulatory Issues” would arise in future. These “Initiatives” cannot succeed in India in the absence of adequate and strong laws in this regard, informs Dalal.Another closely related issue pertains to absence of lawful interception law in India. Lawful Interception Law of India is urgently required, suggests Dalal. India is the only country of the World where phone tapping is done without a Court Warrant and by Executive Branch of the Constitution of India. Phone tapping in India is “Unconstitutional” and the Parliament of India has not thought it fit to enact a “Constitutionally Sound Law” in this regard. Even the Supreme Court’s directions in PUCL case have proved futile and presently the Court is dealing with the issue once more, informs Dalal.

The importance of data protection authority of India cannot be undermined in these circumstances. However, equally gruesome would be the challenges that the Authority would face in future. For the time being, India stands nowhere and the Authority may be just another rumour as has been heard in the past.

Indian Regulatory Service Proposed By Law Ministry

Indian legal and judicial system needs urgent rejuvenation and revamp. Indian legal system is suffering because the basic level legal education in India is defective. Legal education of India needs urgent reforms so that better lawyers and legal professionals can be produced. Even there is little focus on continuing legal education in India.

Another area where the legal education of India has to keep pace is the technical education skill development. Legal education has now become multi disciplinary in nature. The legal fraternity must be well versed with both technical as well as legal aspects. Further, legal education and training is also no more a single phase exercise. It has become a continuing learning and lifelong learning experience. Professionals are required to upgrade their skills and expertise from time to time as new concepts and technologies are introduced at a regular basis.

The Law Ministry of India has proposed establishment of an Indian Regulatory Service on the lines of IAS and IPS. In the past as well, the Law Ministry has proposed Indian legal services examinations on similar lines. These are far reaching reforms and must be implemented as soon as possible.

A pool of experts drawn from different fields will form the backbone of the new service. Instead of giving the task of handling regulating issues to retired bureaucrats and former judges, experts drawn from various fields should be encouraged to join the service. This is a good step in right direction. Institutions like Perry4Law Techno Legal Base (PTLB) can help the Law Ministry in achieving this task.

Perry4Law and PTLB have been providing various techno legal trainings, education, research and coaching in India and world wide. Some of the areas covered by PTLB are continuing legal education in India, online lawyers and judges training in India, Indian legal services examinations training and education, Indian regulatory services examinations and trainings, etc.

PTLB provides Domain Specific and Highly Specialised Trainings in areas like Regulatory Services, Cyber Law, Cyber Forensics, E-Courts, Digital Evidencing, E-Discovery, etc, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of PTLB. We need “Domain Specific Experts” to manage different areas of Governmental Dealings, suggests Dalal.

It seems even the Indian government is considering changing the traditional approach. With experts managing the regulatory bodies of India, fair and better results would be ensured. Let us see how soon these reforms would be implemented by Law Ministry of India.

The Right to Privacy Bill, 2011 Of India

Privacy is an area that has been ignored by India for decades. We have no dedicated data protection laws in India. Further data security laws in India are missing and so are privacy laws in India. In short, there is nothing that can safeguard the sensitive information and data of corporate houses or individuals.

Recently the Supreme Court of India said that with the technological advancement, privacy is virtually disappearing. This has shown the growing concerns and requirements for urgent formulation of privacy laws in India. The truth is that India urgently needs privacy laws. This is so because data protection, privacy rights and civil liberties are interrelated.

Now the government of India has proposed establishment of data protection authority of India. This is another instance when Indian government has declared to do something like this. In the past as well on many occasions Indian government “declared” that privacy and data protection bills have been formulated. But till now we do not have data security, data protection and privacy laws in India.

There is no sign of the proposed draft right to privacy bill 2011 of India whose praises have already been found in abundance in Indian media. Further, the nomenclature itself is misleading. The proposed bill, if any, is a bill on data protection and not privacy protection. Data protection is just a single aspect of privacy protection. It means we may have to wait for another decade or more for a dedicate privacy law of India.

We are waiting for a copy of the proposed data protection bill and would come up with our analysis the moment it is available for public inputs.

Data Protection Authority of India

India has no dedicated data protection law in India. Further, we also do not have any data security laws in India. Even privacy laws in India are also missing. It is surprising how India ignored these much needed requirements for decades.

Indian government has announced from time to time about enactment of relevant laws to ensure effective privacy laws and data protection laws. However, till now no such laws have been enacted by Indian government. Rumours are spreading again that Indian government is planning to set up a three-member Data Protection Authority of India (DPAI). Among other things, the DPAI would monitor and enforcing compliance of the any future proposed data protection laws and to investigate any data security breach.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of India, we have no “Dedicated” Data Protection Law in India. Even India does not have a Data Security Law and Privacy Law. This makes the sensitive information and personal details of Indian Citizens “Highly Vulnerable” to misuse, informs Dalal.

With the proposed use of Cloud Computing, Software as a Service (SaaS) and M-Governance by Indian Government, more “Privacy Violations”, “Cyber Security” and many more “Regulatory Issues” would arise in future. These “Initiatives” cannot succeed in India in the absence of adequate and strong laws in this regard, informs Dalal.

Another closely related issue pertains to absence of lawful interception law in India. Lawful Interception Law of India is urgently required, suggests Dalal. India is the only country of the World where phone tapping is done without a Court Warrant and by Executive Branch of the Constitution of India. Phone tapping in India is “Unconstitutional” and the Parliament of India has not thought it fit to enact a “Constitutionally Sound Law” in this regard. Even the Supreme Court’s directions in PUCL case have proved futile and presently the Court is dealing with the issue once more, informs Dalal.

The issues are not as simple as the Indian government is presuming. In fact, very complicated and constitutional issues are involved that must be addressed by enacting suitable laws in India as soon as possible.

Saturday, April 23, 2011

KPO Industry Of India Must Be Innovative

In this column, Perry4Law and PTLB have discussed how innovation can help the knowledge process outsourcing industry of India. KPO industry of India is still maturing but the challenges for it in future are very diverse in nature. KPO Service Providers of India must keep their KPO Services Flexible, Innovative and Contemporary, says Praveen Dalal, Managing Partner of New Delhi based ICT Law Firm Perry4Law and CEO of PTLB.

Knowledge process outsourcing (KPO) is a field that requires tremendous expertise and specialisation. While the business process outsourcing (BPO) can be successfully carried out with little expertise, KPO on the other hand requires domain specific expertise. This is the reason that very few KPO providers are available for domain specific KPO services in India and world wide.

KPO in India has yet to pick up the speed. While LPO and KPO in India are witnessing a tremendous growth yet Techno Legal KPO in India is almost missing. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we provide world class Techno Legal LPO and KPO Services. We also have the privilege of being the Exclusive Citizen to Government (C2G) LPO and KPO Provider of India.

Two of our “Exclusive Specialties” are Techno Legal LPO and KPO Services and Techno Legal Innovative KPO Services. We provide KPO Services for novel Policy and Strategy areas that are still unexplored.

Times again Governments around the World come across situations that require immediate, novel and suitable solutions. The Innovative KPO Services of Perry4Law meet these requirements. We provide unique Policy Formulation and Legislation Making Support to Governments across the World. Further, we also provide Techno Legal Support for Law Making and Training of Parliaments and Legislative Bodies across the World.

Of course, qualitative services also come at a cost higher than traditional BPO services but for “High Value Projects” and where much is at stake, costs should not be the consideration.

Perry4Law and PTLB also provided KPO Services along with Techno Legal Skill Development Trainings. Techno Legal Research, Training and Education are also the Specialty of Perry4Law and PTLB. Exclusive Techno Legal Cyber Forensics Research, Training and Education Centre of India and Cyber Security Research, Education and Training Centre of India are also providing Techno Legal KPO Services.

In short, our “Core Strength” lies in Adaptability, Flexibility and Innovativeness. We see an enhanced role and activities in the near future and for the same we may need suitable Partners and Collaborators. Interested Persons or Institutions may send their proposals to us.

Friday, April 22, 2011

Citizen To Government (C2G) KPO And LPO Services In India

In this guest column, world’s best techno legal LPO and KPO provider Perry4Law Techno Legal Base (PTLB) has shared unique and wonderful insight of the potential citizen to government KPO and LPO services. As more and more governmental fields have now been opened up for private sectors through public private partnership (PPP) model, knowledge based inputs, suggestions and policies have assumed a new meaning. This article is exploring this possible LPO and KPO field of the future where global leader Perry4Law has been providing its services.

Legal Process Outsourcing in India (LPO in India) and Knowledge Process Outsourcing in India (KPO in India) are well known. The LPOs and KPOs in India operate in a wide variety of areas. Some of them are providing great services to their clients. However very few of them have explored the market for ICT related and Techno Legal LPO and KPO Services in India.

For instance, if an assignment pertaining to Cyber Forensics or Cyber Security is forwarded to India, there are very few firms that can manage the same. Similarly, issues like E-Discovery in India are also managed few LPO and KPO Providers of India alone.

Another area that very few KPO Providers can anticipate is the KPO Services to the Governments of various Nations and International Organisations and Institutions. Since these International Governments and International Organisations require Domain Specific and Highly Specialised “Knowledge Based Inputs”, the market for Citizen to Government (C2G) KPO is also emerging.

In order to cater the C2G KPO needs of various Governments and International Organisations, Perry4Law, Perry4Law Techno Legal Base (PTLB), Perry4Law Techno Legal ICT Training Centre (PTLITC), etc have put in place various mechanisms. These Techno Legal Mechanisms are “Customised” in such a manner that almost all the Techno Legal Requirements of various Stakeholders are met properly.

Perry4Law. PTLB and PTLITC are collectively providing the best and widest possible Techno Legal Policies and Strategies to the intended Stakeholders. Some of the areas where Perry4Law, PTLB and PTLITC provides their Techno Legal LPO and KPO Services include Cyber Law, Cyber Security, Cyber Forensics, Cyber Warfare, Cyber Terrorism, Cyber Espionage, Homeland Security, Internal Security, Digital Evidencing, E-Discovery, Cyber Due Diligence, E-Courts, National E-governance Plan (NEGP), etc.

Besides, Perry4Law, PTLB and PTLITC also provide Techno Legal Trainings to Lawyers, Judges, Public Prosecutors, Police Officers, Corporate Executives, Law Graduates, etc.

Perry4Law, PTLB and PTLITC are also managing the Exclusive Techno Legal Cyber Forensics Research, Training and Education Centre of India and Cyber Security Research, Education and Training Centre of India. Further, they are also managing the Exclusive Techno Legal E-Courts Training and Consultancy Centre of India. Another unique achievement of Perry4Law is establishment of the Exclusive Centre on the Protection of Human Rights in Cyberspace. Even the Exclusive India Centre for ICT in Parliament is managed by them.

With the use of extensive Public Private Partnership (PPP) in India in future, the scope of C2G LPO and KPO Services is going to increase and Perry4Law, PTLB and PTLITC would play a decisive and major role in the development of this field in India and abroad.

Indian E-Delivery of Public Services

Electronic delivery of public services in India is in news these days. E-delivery of public services in India cannot be provided till we have a sound legal framework supporting the same. Till now we have no framework for mandatory e-delivery of public services in India.

The sole cyber law of India is incorporated in the information technology act, 2000 (IT Act 2000). IT Act, 2000 does not provide a mandatory framework for providing e-delivery of public service in India On the contrary, section 9 of the IT Act, 2000 is expressly denying the same to Indian citizens.

According to Praveen Dalal, managing partner of New Delhi base law firm Perry4Law and leading techno legal expert of India, E-Delivery of Public Services in India cannot succeed till we have “Mandatory E-governance Services in India”. Presently, providing of E-Delivery of Services in India is discretionary and this is resulting in “Poor Growth” of E-Governance in India, says Dalal. Even the proposed Essential Services Delivery Bill 2011 of India is “Not Conducive” for E-Delivery of Services in India, informs Dalal.

The national e-governance plan of India (NEGP) has been suffering from many defects and shortcomings. There is no performance based appraisals and neither is there any accountability for the funds issued to various e-governance projects. There seems to no accountability for the loans, funds, and grants issued by International organisations and programmes like World Bank and United Nations Development Programme (UNDP).

The department of information technology (DIT) has released a paper note covering a framework for citizens’ engagement in NEGP. The idea is to engage citizens in policy formulation and its implementation at all the stages. Although the intention is good yet its accomplishment is next to impossible keeping in mind the poor past record of use of public private partnership (PPP) for governmental projects and initiatives.

Even the draft electronic services delivery bill 2011 is suffering from numerous limitations. It seems the sole purpose of this Bill is to use it as a façade so that international community, especially World Bank, can be fooled and the recent $150 million loan to India in this regard can be used on papers once again.

India has to be honest and corruption free if it wish to use the information highway of e-delivery of public services. But for the next ten years expecting mandatory e-delivery of public services in India would be ignoring the ground realities and vast corruption existing in India.

E-Delivery Of Public Services in India

Electronic delivery or e-delivery of services in India is still at its infancy stage. India is stressing too much upon information and communication technology (ICT) procurement rather than providing online services. Further, in the absence of any national level policies and strategies for online services, e-delivery of services in India has by and large remained illusive.

E-delivery of services is closely related to successful use of e-governance. E-governance in India is in bad shape and is generally unsuccessful. In fact, techno legal experts have even claimed that e-governance in India dying.

According to Praveen Dalal, managing partner of New Delhi base law firm Perry4Law and leading techno legal expert of India, E-Delivery of Services in India cannot succeed till we have “Mandatory E-governance Services in India”. Presently, providing of E-Delivery of Services in India is discretionary and this is resulting in “Poor Growth” of E-Governance in India, says Dalal. Even the proposed Essential Services Delivery Bill 2011 of India is “Not Conducive” for E-Delivery of Services in India, informs Dalal.

Even the national e-governance plan of India (NEGP) has not been a great success. There is no performance based appraisals and neither is there any accountability for the funds issued to various e-governance projects. Even there seems to no accountability for the funds and grants issued by International organisations and programmes like World Bank and United Nations Development Programme (UNDP).

Recently, department of information technology (DIT) issues a paper tilted framework for citizens engagement in NEGP. The idea is to use power of citizens and public private partnership (PPP) for governmental projects and initiatives. However, if we keep in mind the previous history of India, there are no effective contributions of public in the e-governance fields of India. Even if some public spirited citizens give their valuable suggestions, they are never considered by Indian government.

In fact, departments like DIT take contrary actions and decisions despite stiff public protests. For instance, the information technology amendment act, 2008 was vigorously protested yet it was imposed upon India. Cyber law of India needs urgent repeal and despite many suggestions by techno legal experts of India, the unconstitutional provisions of the same have been kept intact by DIT.

It is clear that public inputs and suggestions are of no use for Indian government and its departments. Till accountability, transparency and performance bound actions and projects are not undertaken, even the grants and funds of World Bank/UNDP cannot save India.

Thursday, April 21, 2011

E-Governance In India: Success And Failures

E-governance in India has failed to make the necessary impact. Of course, one or two e-governance initiatives of India have been successful but in totality e-governance is a big failure in India. This has happened because India has neither a mandatory legal framework for e-governance nor are there any policies or strategies for effective e-governance. Even the proposed draft electronic services delivery bill 2011 of India is nothing more than legal jargon with no practical significance and utility.

Keeping in mind the past record of India, nothing much can be expected even from the framework for citizen participation in NEGP. This is so because the citizen to government (C2G) participation in India has largely been confined to just comments giving by public with little appreciation of the same. Further, international organisations and programmes like World Bank and United Nations Development Programme (UNDP) have “never ensured accountability” from India while granting funds and grants.

The end result is that e-governance itself has become a source of corruption and only strong and effective laws like Jan Lokpal Bill, 2011 of India can reduce such high level corruption in India.

What failed the e-governance projects of India? Why these projects are not taking a concrete shape? What steps must be taken by Indian government to implement successful e-governance projects in India? In this interview with Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India we are exploring these issues.

Q-1 What is the current state of e-governance projects in India?

A-1 E-Governance in India has failed by and large. However, the “India Shining Syndrome” of e-governance in India is still trying to portray otherwise, though unsuccessfully.

Q-2 What is India’s position in this regard at the international level?

A-2 At the International level India’s ranking is falling when it comes to basic prerequisites of e-governance, i.e. e-readiness, public-governmental interaction, public services, etc.

Q-3 Why e-governance projects are failing in India? What are the factors responsible for such failures in India?

A-3 The Governmental will and leadership is missing in India. To worsen the situation the Government of India is concentrating more upon the image rather than upon the end results. The grassroot level action is missing and the benefits of ICT are not reaching to the under privileged and deserving masses due to defective ICT strategies and policies of Indian Government. India is suffering from the “vicious circle” of defective e-governance, as the basic input .i.e. governance itself is poor. Further, there is a complete lack of transparency and accountability among the persons dealing with these projects. As a result the money and resources meant for the common man are misappropriated by corrupt governmental officials and departments.

Q-4 What are the side effects of failures of e-governance in India?

A-4 Failure of E-Governance is also affecting other segments like e-commerce. India does not have a satisfactory Legal Enablement of ICT System that is a result of weak and ineffective cyber law of India. The Information Technology Act, 2000 is useless as far as legal enablement of e-governance, e-commerce, cyber law, etc are concerned.

Q-5 What steps should the government of India must take to successfully implement e-governance projects in India?

A-5 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.

Q-6 What is the single most effective way to solve the problems of e-commerce, e-governance, cyber law, etc in India?

A-6 India needs a good National ICT Policy that is currently missing. Presently India lacks the necessary expertise to not only formulate a National ICT Policy but also to implement the same. We are stressing too much upon the size of the executing companies rather than upon the necessary expertise to in fact execute the allotted project.

Skill Development In India For Technical Education

In this guest column, Naveen Dalal, a sales, marketing and franchising consultant, has shared his viewpoints on the desirability to having effective skill development institutions in India for techno legal fields like cyber law, cyber security, cyber forensics, etc. Besides, having his own consultancy practice, he is also extending his expertise to the techno legal research, training, education and skills development initiatives of Perry4Law and PTLB.

One thing that I found very bizarre is the disharmony between the professional graduates and their intake in the industry. For instance, as per many quoted studies only 25% of the management and engineering graduates are suitable for industry purposes. The rest 75% of graduate population is not suitable for industry oriented jobs and assignments.

This shows how much India needs to ensure skill development and providing suitable training to the academic and professional students before they join the mainstream industry and business houses.

Another unique aspect of the present competitive society is that professionals are no more simply graduates in a single stream. They are now required to be well versed in multiple disciplines. An engineering student must be aware of the legal or management concepts. Similarly, legal professionals must be aware of computer science and technology related acumen. In short, professional education has now become multi disciplinary in nature.

Education and training is also no more a single phase exercise. It has become a continuing learning and lifelong learning experience. Professionals are required to upgrade their skills and expertise from time to time as new concepts and technologies are introduced at a regular basis.

I have been analysing and giving suggestions in this regard for long. At our institutional level, we decided to implement a methodology that caters the requirement of both legal and technical aspects of education in India. One of our techno legal segments Perry4Law Techno Legal Base (PTLB) provides basic level techno legal education and training in fields like cyber law, cyber security, cyber forensics, etc. The other segment known as Perry4Law Techno Legal ICT Training Centre (PTLITC) provides similar trainings and education but of higher level and domain specific in nature.

Technical education and legal education in India needs a techno legal orientation and there is an urgent need to ensure techno legal skill development in India. A simple academic education is not enough to meet the challenging and dynamic requirements of local as well as global industry.

In this regard, we are looking forward for education and training collaborations and partnerships. Interested organisations or individuals may contact us with their proposals.

World Bank Must Ensure Accountability Of Indian NEGP

International organisations and programmes like World Bank and United Nations Development Programme (UNDP) have been supporting e-governance initiatives of various countries world wide. While this is a praiseworthy concept yet neither World Bank nor UNDP have been ensuring accountability and transparency for the granted funds.

Recently, World Bank approved $150 Million to accelerate implementation of India’s National e-Governance Plan (NEGP). The aim of NEGP is to transform the service delivery system across the country. The World Bank granted the loan for the purposes of electronic delivery of public services in India. While this World Bank loan will not target specific services per se, it will initiate policy and institutional actions that will affect all services.

However, of all the matters policy formulation in India is worst. Till now we do not have a sound ICT policy of India. Similarly, we do not have a legal framework for mandatory e-governance services in India. Even the proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. According to techno legal experts of India, e-governance in India is dying.

This is clear from the recent draft Electronic Services Delivery Bill, 2011 of India (ESD Bill 2011). However, the real problem with Indian E-Governance Initiatives in general and proposed ESD Bill 2011 in particular is that Legal Framework for Mandatory Electronic Services Delivery in India is missing from it, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law. Citizen to Government (C2G) Participation in India needs rejuvenation and an implementable Framework for Citizens Engagement in NEGP is the need of the hour, suggests Dalal.

Similarly, on the m-governance policy of India as well India is well beyond the required standards. The regulatory framework for m-governance in India is still missing. In fact, the most important requirement for establishing legal enablement of ICT systems in India is missing. We have no legal enablement of ICT systems in India and failure of e-courts project of India is directly attributable to the same.

If UNDP and World Bank are unaware of these failures of India nothing can be more unfortunate. However, if both UNDP and World Bank are aware of these circumstances and still prefer to do nothing, there is something very wrong with the system itself. UNDP and World Bank must immediately evaluate the circumstances prevailing in the Indian e-governance initiatives and take necessary actions in this regard.

Wednesday, April 20, 2011

E-Governance in India Is Dying Says Praveen Dalal

This is the updated version of the previous article on similar topic. Almost all e-governance projects of India have failed to materialise. This has happened because India has neither a mandatory legal framework for e-governance nor are there any policies or strategies for effective e-governance. Even the proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more.

Further, the latest addition to this wish list of Indian government is the framework for citizen participation in NEGP. Till now public participation in the e-governance initiatives of India has remained a lip service alone with no effective use. The citizen to government (C2G) participation in India has largely been confined to just comments giving by public with little appreciation of the same.

Very few words are more fanciful than the words e-governance. These words have a tendency to portray an image of all advanced nation or capable manpower. But the bigger question is what is more important; the image or reality? We have to analyse this question in the light of e-governance in India and the efforts of government of India to achieve the herculean task of being an information and communication technology (ICT) enabled and capable nation.

Let us peep into the mind of those who have a deeper insight of this “India shining syndrome” of Indian government and bureaucrats. According to Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India, “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 United Nations Development Programme (UNDP) and World Bank Grants amount”.

The truth becomes more obscure in the maze of various reports and surveys, most of which are government or its agencies/partners “sponsored”. The bureaucratic incompetencies and lack of Governmental will only find support in high profile workshops and seminars where common man has neither an access nor a say. At the international level, however, India’s ranking is falling when it comes to basic prerequisites of e-governance, i.e. e-readiness, public-governmental interaction, public services, etc.

“The Governmental will and leadership is missing in India. To worsen the situation the Government of India is concentrating more upon the image rather than upon the end results. The grassroots level action is missing and the benefits of ICT are not reaching to the under privileged and deserving masses due to defective ICT strategies and policies of Indian Government. India is suffering from the “vicious circle” of defective e-governance, as the basic input .i.e. governance itself is poor. India needs a “virtuous circle” of e-governance through good governance that would have multiplication and amplification effect upon e-governance efforts of Indian Government. We neither have a right nor would be we honest and true if we call ourselves an e-governance oriented Nation as even the basic “e-mail communications” with the Government of India, including Prime Minister’s Office (PMO), President, Ministry of Information Technology, Ministry of Science and Technology, etc are “NEVER” replied back” says Praveen Dalal.

It is astonishing to know that the so called “e-governance experts” in the bureaucratic and governmental circles of India do not even know when and how to respond back to urgent and pressing public communications (e-mails). What is the benefit of attending and participating in high profile conferences and workshops in a cool and comfortable hotel room environment when the Citizen to Government (C2G) and Government to Citizen (G2C) wings of Indian e-governance are “missing”? The C2G and G2C are the core pillars of not only e-governance but electronic commerce (e-commerce) as well. The problem seems to “lack of accountability” among the Government Departments in India.It is surprising that despite these “serious problems” the India Shining image is often portrayed when it come to e-governance in India.

Draft Electronic Service Delivery Bill, 2011

This is the updated version of my previous article on similar topic. Electronic services delivery is a very effective method of transparent, efficient and timely delivery of public services. However, it is also a complicated procedure that has to take care of many techno legal aspects.

Electronic services delivery or e-delivery in India cannot succeed till it is operating both ways, i.e. from government to citizens (G2C) and from citizen to government (C2G). This is one area where India has failed miserably. There is no use of formulating documents/Bills if Indian government cannot implement the same. For instance, e-delivery of services in India cannot succeed till it is made mandatory.

Take the example of section 9 of the information technology act, 2000 (IT Act, 2000). Section 9 of the IT Act 2000 provides that nothing contained in section 6, 7 and 8 shall be confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Section 6 of the IT Act, 2000 deal with the use of electronic records and digital signatures in government and its agencies. Section 7 of the IT Act 2000 deals with retention of electronic records. Section 8 of the IT Act, 2000 deals with publication of rule, regulation, etc. in Electronic Gazette.

Section 9 says that none can claim these services as a matter of right. For Indian citizens it’s a disabling provision and for Indian government it is deliberately formulated self defensive mechanism. Indian government lacks the will power to empower Indian citizens and residents electronically. Even after 11 years of formulation of the IT Act, 2000 Indian government is not confident and willing to provide mandatory e-governance services in India.

This is clear from the recent draft electronic services delivery bill, 2011 of India (ESD Bill 2011). However, the real problem with Indian E-Governance Initiatives in general and proposed ESD Bill 2011 in particular is that Legal Framework for Mandatory Electronic Services Delivery in India is missing from it, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law.

E-governance is very useful for bringing transparency and efficiency in delivery of public services. E-governance also helps in reducing corruption and red tappism. The 11 years of Indian e-governance failed to bring any impact upon growing corruption in Indian governmental dealing. This is the reason why Jan Lokpal Bill 2011 has been suggested.
However, the Jan Lokpal Bill of India 2011 or any other proposed Lokpal Bill of India must be strong and effective to deal with widespread corruption of India. This is more so when e-governance in India has failed and has become itself a source of corruption.

I have serious doubts that with these conditions, India would be able to capatilise the benefits of e-governance and mobile governance. Let us hope the State governments and Cabinet would reject the proposed ESD Bill 2011 for the larger interest of India.

Similarly, there is an urgent need to bring accountability for the funds that India receive for providing e-delivery of services and other technological services. Surprisingly, all such funds and grants are utilised upon e-governance projects that exist on files only. What is more surprising is why there is no accountability and transparency for the money claimed to be spent on such projects. Even the draft electronic services delivery bill 2011 failed to address these issues. I hope the Prime Minister’s Office (PMO) intervenes immediately for the larger interests of India.

Citizen To Government (C2G) Participation In India Rejuvenated

National E-Governance Plan (NEGP) of India is one of the most important projects. However, by and large e-governance in India has failed. Further, even plans to use m-governance in India are in the pipeline. However, there is no regulatory framework for m-governance in India.

In the absence of proper policies and guidelines, e-governance, m-governance and cloud computing are not going to be successful in India at all and all projects of Indian government are bound to fail.

For instance, e-courts project of India has failed to materialise despite spending huge money. We are still waiting for the establishment of first e-court of India. Further, there is no legal framework for mandatory e-governance services in India. The proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. Even legal enablement of ICT systems in India is missing.

These failures are attributable to the fact that grassroots level stakeholders are not consulted while formulating and implementation of e-governance and m-governance related projects in India. Public private partnership (PPP) has been used for long in India. However, it always remained ineffective. It is only now that crucial fields like internal security and defence sector have been opened up for PPP purposes.

Of course, the department of information technology (DIT) has recently released a concept note on framework for citizen engagement in NEGP. Although the framework is promising yet there is lack of legal enablement of ICT systems in India. Further, by its very nature it is knowledge driven and cannot be undertaken by government itself.

A model that can help in meeting the techno legal requirements of NEGP and framework for citizens’ engagement in NEGP has been suggested by India’s exclusive techno legal ICT law firm Perry4Law. It has launched the exclusive citizen to government (C2G) LPO and KPO services in India. This unique C2G LPO and KPO services by Perry4Law would not only help Indian government in enacting suitable techno legal policies but would also help in meeting the objectives of mandatory e-governance services in India as well as effective PPP in India on a C2G model.

Let us hope experts and stakeholders would be included in the fold this time by Indian government in general and DIT in particular. After all for how long can we tolerate corruption and failures in India? Let us hope that the proposed Jan Lokpal bill 2011 of India would also bring some respite in this regard.

Unique C2G LPO And KPO Services By Perry4Law

Legal process outsourcing in India (LPO in India) and knowledge process outsourcing in India (KPO in India) are growing business markets. Naturally, foreign LPO and KPO providers are also interested in having a share of the same. The matter of allowing foreign law firms and LPO and legal KPO players to conduct their practices and businesses in India is still pending before the courts of India.

While this fight to get a place into the traditional LPO and KPO market is going on, techno legal LPO and KPO leader Perry4Law has been streamlining its citizen to government LPO and KPO mechanisms.

In order to cater the C2G KPO needs of various Governments and International Organisations, Perry4Law, Perry4Law Techno Legal Base (PTLB), Perry4Law Techno Legal ICT Training Centre (PTLITC), etc have put in place various mechanisms. These Techno Legal Mechanisms are “Customised” in such a manner that almost all the Techno Legal Requirements of various Stakeholders are met properly.

With the use of extensive Public Private Partnership (PPP) in India in future, the scope of C2G LPO and KPO Services is going to increase and Perry4Law, PTLB and PTLITC would play a decisive and major role in the development of this field in India and abroad. However, Public private partnership has always remained ineffective for governmental projects. It is only now that crucial fields like internal security and defence sector have been opened up for PPP purposes.

Most E-Governance Projects of India have failed to materialise. Projects like e-courts have failed to take off despite spending crores of money and many years. Even there is no legal framework for mandatory e-governance services in India. The proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more.

Now the department of communication and information technology (DCIT) has released a concept note on framework for citizen engagement in NEGP. Although the framework is promising yet there is lack of legal enablement of ICT systems in India. This exclusive C2G LPO and KPO services by Perry4Law, PTLB and PTLITC would help DCIT and Indian government in meeting its knowledge driven initiatives and projects.

Framework For Citizen Engagement In NEGP

Public private partnership (PPP) has been used for long in India. However, it always remained ineffective. It is only now that crucial fields like internal security and defence sector have been opened up for PPP purposes.

Most E-Governance Projects of India have failed to materialise. Projects like e-courts have failed to take off despite spending crores of money and many years. Even there is no legal framework for mandatory e-governance services in India. The proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. In this background, the concept note on framework for citizen engagement in NEGP seems to be too much optimistic.

Citizen Engagement is an essential element of democracy and the public institutions must undertake all steps to achieve credible public participation. However, in a country as vast and as complex as India, active citizen engagement in policy making has been challenging and minimal. Today, technology offers a unique opportunity to engage with citizens in real time to make policy making citizen centric. The National E-Governance Plan (NEGP) with citizen centricity at its core represents that paradigm shift in policy making. In order to ensure that citizen engagement is deliberate, meaningful, and institutionalised, a citizen engagement framework in being proposed which aims to achieve the abovementioned.

Citizen engagement or public participation is not a new concept and has been exercised in varied degrees across the world and even in India. A document from Department of Communication and Information technology (DCIT) illustrates some examples from India and across the world. It also proposes to go beyond what currently exists and institutionalise citizen engagement in E-Government projects. The definition of citizen engagement proposed in the document goes beyond conventional public consultation by enabling citizen to do more than simply voice an opinion – it includes their participation in the deliberation process leading to decisions.

The need for citizen engagement is clearly highlighted in the findings of the various impact assessments undertaken by DIT. The assessments show that the impact of the projects is determined by the level of consultation with service seekers because it is only after such a process of consultation that the project design can yield optimal results. Public engagement is also a process for educating decision makers (in Parliament and Government) about important social issues and citizens’ pressing needs that Parliaments and Governments must address. Public participation also enhances citizen ownership of development processes, increases the sense of citizenship, and results in better implementation of development programs.

In an ideal scenario, the citizens may collaborate from conceptualisation to implementation of the project and may even be empowered to reject or alter the project design at a later stage of the project. However, in real life, project managers must define the intervention points and degree of engagement. The document proposes the process and recommends points of interventions and methodologies that may be used for such engagements.

Finally the document recommends the following:

(a) Wider stakeholder consultation for refinement of framework
(b) Creation of Citizen Engagement Fund
(c) Creation of Citizen Engagement Toolkit for E-Government projects; and
(d) Piloting of the proposed framework in NeGP MMPs.

Let us see whether this initiative would succeed or it would face the same old failure and red tappism as other ICT initiatives of India have faced.

Public Private Partnership And Internal Security Of India

If you are a security vendor or service provider you must have realised that the internal security and defence sectors are systematically being opened for private participants. Traditionally, these fields were reserved for the governments as its sovereign functions.

Even in India we are witnessing an increasing use of public private partnership (PPP) model for managing internal security and defence related functions of the state. Indian government is increasingly becoming liberal in this regard and is offering a joint partnership for the same.

This is natural as well as the contemporary security issues like Cyber Security and Cyber Forensics are no more within the service domain of Indian Government. These areas require domain specific expertise that only private individuals and organisations can provide, says Praveen Dalal, managing partner of Perry4Law Techno Legal Base (PTLB) and CEO of India’s exclusive techno legal Cyber Security Research, Training and Education Centre in India (CSRTCI). In fact, the entire Homeland Security in India is one such area that would be guided by a PPP Model in future, informs Dalal.

Indian government has said that it is ready to accept participation of private players in internal security area provided they spend at least 5 to 7 per cent of their profits in research and development (R&D) to get cutting edge technology. This is a genuine demand as we have very few research and development centers in India for internal security and homeland security.

For instance, India has a single techno legal cyber security research and development centre managed by PTLB. Similarly, India has a single techno legal cyber forensics research and development centre managed by PTLB. We need more such techno legal institutions in India.

Home Ministry of India and other Ministries of India have launched projects like central monitoring system (CMS), national intelligence grid (Natgrid), Aadhar, crime and criminal tracking network and systems (CCTNS), etc that also need domain specific expertise. Even for these projects, private individuals and organisations are helping Indian government to implement the same.

PPP in India is going to stay for internal security, defence and homeland security related fields. It is for the private companies to capatilise these opportunities.

RBI Acknowledges Risks Of E-Banking In India

Reserve Bank of India (RBI) has been playing a pro active role for securing Internet banking and online banking transactions. Recently, RBI showed its intention to boost ATM security in India. In the past, concerns have been raised from time to time for preventing online banking frauds in India by RBI.

There are many problems from which the online banking or Internet banking in India is suffering. The most important pertains to maintaining effective cyber security for banking and financial sectors of India. Similarly, there are no effective Internet banking laws in India or online banking laws in India. In the absence of stringent laws in this regard, online banking risks in India are increasing. However, of all the shortcomings, nothing can match the absence of encryption laws and standards in India. In the absence of proper encryption norms in India, e-banking in India is really insecure.

RBI has realised this fact and it has cautioned banks that e-banking must be used by them with proper security and safeguards. “The use of e-banking has brought many concerns from different stakeholders. Everybody’s primary concern is security. As more and more people are exposed to the information superhighway, privacy of information and the security that goes hand and hand with this information is crucial to the growth of electronic transactions,’’ said R Gandhi, executive director , Reserve Bank of India.

Gandhi said in order to provide effective and secure banking transactions, there are four technology issues that need to be resolved. “The key areas are the security, privacy and authentication,” he said. By strengthening the privacy technology, this will ensure the secrecy of sender’s personal information and enhance the system’s security. “Also encryption may help make the transactions more secure, but there is also a need to guarantee that no one alters the data at either end of the transaction,” Gandhi said.

Recently, G Gopalakrishna, the executive director of RBI, said that all Banks would have to create a position of Chief Information Officers (CIOs) as well as Steering Committees on Information Security at the Board Level at the earliest, informs Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal specialist of India. This step was taken to ensure proper Cyber Security Policies and Strategies at the highest Board Level of Banks, says Dalal.

Although, RBI has been taking many far reaching and important steps yet e-banking in India still very risky. Of late, cases of phishing and banking frauds have increased tremendously in India. Further, cyber due diligence of banks in India is still a far dream. Even the directions of RBI to appoint CIOs and steering committees on information security have not yet been implemented. The end result is that banking customers are still losing their hard earned money to cyber criminals. Hopefully, RBI would take some urgent steps in these directions as soon as possible, says Praveen Dalal.