Saturday, December 29, 2012

Illegal And Unregulated Online Sales Of Prescribed Medicines In India

Online sales of prescribed medicines in India are still not taken seriously by Indian government. There are many companies and individuals who are openly engaging in illegal and unregulated online sales of prescribed medicines in India.

I have been doing research on this topic for the last six months and could not find much legal information about the same. The only legal information provided in this regard is made available by New Delhi based ICT law firm Perry4Law. Further, the only legally authentic and dedicated e-commerce platform in this regard is also managed by Perry4Law. See E-commerce laws and regulations in India in this regard.

This may be the reason that pharmaceuticals e-commerce players in India are not complying with techno legal requirements as prescribed by various laws. Pharmaceuticals e-commerce legal issues in India are still not followed by various e-commerce players in India.

A very disturbing trend in India is that much online health related and medicine/pharmaceuticals e-commerce portals, especially those operating in New Delhi and NCR, are openly violating laws of India. They deserve to be punished as they have caused serious risk to lives of millions of Indians. But what is surprising is that our health ministry and Indian government is sleeping over the matter.

According to Perry4Law’s Techno Legal Base (PTLB), many e-commerce portals, especially in NCR region, have opened their online shops for sale of prescribed drugs in India. They are simply violating the laws of India including the cyber law of India and health related laws. However, in their desire to earn profits, they have put the lives of many on risk.

Indian government is not playing the required role in this regard. When we have various regulations for selling of prescribed medicines in real time and offline world, there is no sense in allowing companies/individuals to sell life saving and life threatening drugs that also in an unregulated and illegal manner, opines PTLB.  

We are personally aware of few people who have engaged in e-commerce fields pertaining to health related products and pharmaceuticals. Needless to mention, they are clearly not following the laws of India, says PTLB.

A governmental crackdown is urgently required on such platforms just like we tackle quacks, suggests PTLB. It is in the own interest of online pharmacies of India to comply with various techno legal requirements that they are openly flouting as on date.

Thursday, December 13, 2012

Legal Issues Of Online Shopping In India

E-commerce players in India are still not adhering to e-commerce laws and regulations of India.  According to business structuring of e-commerce in India: legal research report by Perry4Law, e-commerce players of India and abroad must comply with many techno legal issues to work in a legal manner.

For instance, Indian e-commerce, FDI regulations and cyber due diligence are still not complied with by many national and international e-commerce players. Even foreign direct investment (FDI), taxation and other regulations are not followed by many national and international e-commerce players in true letter and spirit.

For instance, Indian government has already referred the cases of Flipkart and Bharti Walmart to the Enforcement Directorate for alleged violation of foreign direct investment (FDI) regulations. Similarly, a probe against Walmart in India for market access lobbying has been ordered by Indian government.

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian and International E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

Cyber law due diligence in India is another area that e-commerce and online shopping platforms must take care of. Cyber law due diligence for Indian companies is one of the most frequently litigated aspect in India. Lack of cyber law awareness and cyber due diligence awareness is the main reason that many websites and companies have found themselves in the net of Indian laws.

Online shopping and e-commerce in India must be encouraged but at the same time legal and cyber security issues must also be taken seriously. Online payment players and e-commerce stakeholders must keep these aspects in mind while doing business in India. There is no sense in ignoring legal issues of online shopping in India.

Probe Against Walmart In India Ordered For Market Access Lobbying

Indian e-commerce business sector and foreign direct investment in India (FDI) have never shared a smooth relationship. For long FDI in e-commerce segment of India was restricted. It is only now that Indian Parliament has allowed use of FDI in multi-brand retail during the winter session of Parliament (December 2012).

Any business activity must be undertaken within the permissible and legal boundaries. However, both national and international e-commerce players in India are not following the laws of India in true letter and spirit.

India’s exclusive techno legal law firm Perry4Law has already shared a legal research report regarding business structuring of e-commerce in India. Presently, Indian e-commerce, FDI regulations and cyber due diligence are not complied with by various national and international e-commerce players.

So much so that the Indian government has referred the cases of Flipkart and Bharti Walmart to the Enforcement Directorate for alleged violation of foreign direct investment (FDI) regulations. Now it has been reported that a probe against Walmart has been ordered by Indian government for possible FDI norms violations and lobbying for greater market access in India.

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian and International E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

It is in the interest of national and international e-commerce players to follow the laws of India in true letter and spirit. Further, it is also necessary on the part of Indian government to take FDI and legal violations by national and international e-commerce players seriously.

Tuesday, December 11, 2012

Indian E-Commerce, FDI Regulations And Cyber Due Diligence

Recently many media news have reported that the Indian government has referred the cases of Flipkart and Bharti Walmart to the Enforcement Directorate for alleged violation of foreign direct investment (FDI) regulations. There is a growing concern among Indian government to check the legality of e-commerce businesses operating by bypassing FDI regulations.

E-Commerce Laws and Regulations in India and FDI Regulations are two of the most common Regulations governing E-Commerce in India, says Praveen Dalal, managing partner of ICT law firm Perry4Law. While Indian E-Commerce players are well aware of FDI Regulations yet E-Commerce Laws of India are still not followed by and large, opines Dalal. 

Many media reports have claimed that Flipkart is under the scanner for allegedly flouting FDI rules which allow e-commerce companies with foreign investment to carry out only business-to-business (B2B) transactions but not business to consumer (B2C) transactions by creating complex structures that may not be permissible.

For a legal e-commerce business in India, the e-commerce businesses structuring in India must be done with due regard to applicable laws of India. The legal research report by Perry4Law for business structuring of e-commerce in India has given a special emphasis to techno legal compliances for that e-commerce players of India must follow.

For instance, Cyber Law Due Diligence in India and Cyber Due Diligence for Indian Companies are equally applicable to E-Commerce Players of India, suggests Dalal. There is a general Apathy among E-Commerce Players of India towards complying with these Statutory Requirements, opines Dalal.

In their own interest, the e-commerce entrepreneurs of India must take e-commerce compliances seriously as non compliance may attract civil, criminal and financial punishments.

Monday, December 10, 2012

Business Structuring Of E-Commerce In India: Legal Research Report By Perry4Law

E-commerce businesses structuring in India is the latest concept in India. Thanks to the flourishing usage of information and communication technology (ICT) in India, e-commerce entrepreneurs have started exploring this avenue. However, practical difficulties and legal hassles are still troubling Indian e-commerce players. In this very useful techno legal research report made by Perry4Law, it has shared the techno legal aspects of e-commerce rules and regulations of India.

E-commerce laws and regulations in India are still developing. In the meantime, the Indian Parliament has permitted use of foreign direct investment (FDI) in multi-brand retail during the winter session of Parliament (December 2012). This would definitely help in streamlining of e-commerce environment of India. However, there are many issues that must be resolved by e-commerce entrepreneurs of India.

The first issue that any e-commerce entrepreneur may face is to determine the legal formalities required for starting e-commerce business in India. Once this is understandable, the subsequent step is to determine the legal requirements to start an e-commerce website in India. Both these issues need sound techno legal understanding that very few e-commerce law firms of India possess.
Further, with the approval for FDI in retail sector of India, the labour laws of India would also be required to be suitably adapted. Even an efficient dispute resolution mechanism among investors and consumers must be established in India.
Establishment of e-courts and use of online dispute resolution in India can further help in reformation of the dispute resolution procedure for e-commerce disputes.

However, e-commerce players in India must keep in mind the requirements of various laws of India while doing e-commerce business. For instance, the cyber law due diligence in India is very severe and its disobedience can bring civil, criminal and financial consequences. In fact, non observance of cyber due diligence by Indian companies has been agitated in Indian courts very frequently.

Perry4Law suggests that all present and future e-commerce players of India must go through a methodical techno legal due diligence to evade any legal penalty. Similarly, we recommend that before entering into e-commerce business field, the e-commerce players must seek advice from capable lawyers/law firms in this regard.

About Perry4Law

Perry4Law is the Exclusive Techno Legal Corporate, IP And ICT Law Firm of India that is providing domain specific services on Corporate, IP and ICT matters such as Banking and Finance, Business Setup, Corporate and Commercial Advisory, etc. See Perry4Law’s Services for more details.

Friday, December 7, 2012

E-Commerce Businesses Structuring In India

Electronic commerce (e-commerce) has become a very remunerative field in India these days. However, the legal aspects of e-commerce in India are still evolving. In this techno legal research report made by Perry4Law, India’s exclusive techno legal ICT and e-commerce law firm of India, it has shared the techno legal aspects of e-commerce rules and regulations of India.

E-commerce laws and regulations in India are still evolving. Meanwhile, the Indian Parliament has allowed foreign direct investment (FDI) in multi-brand retail during the winter session of Parliament (December 2012) that would also help in streamlining of e-commerce environment of India.

The first issue that any e-commerce entrepreneur may face is to ascertain the legal formalities required for starting e-commerce business in India. Once this is clear, the next step is to ascertain the legal requirements to start an e-commerce website in India. Both these issues require sound techno legal knowledge that very few e-commerce law firms of India possess.
Further, with the approval for FDI in retail sector of India, the labour laws of India would also be required to be suitably modified. Even an effective dispute resolution mechanism among investors and consumers must be established in India.
Establishment of e-courts and use of online dispute resolution in India can further help in streamlining the dispute resolution procedure for e-commerce disputes.

However, e-commerce players in India must keep in mind the mandates of various laws of India while engaging in e-commerce business. For instance, the cyber law due diligence in India is very stringent and its defiance can bring civil, criminal and financial consequences. In fact, non compliance of cyber due diligence by Indian companies has been agitated in Indian courts very often.

Perry4Law suggests that all present and future e-commerce players of India must go through a thorough techno legal due diligence to avoid any legal consequences. Similarly, we recommend that before entering into e-commerce business sphere, the e-commerce players must consult capable lawyers/law firms in this regard.

About Perry4Law

Perry4Law is the Exclusive Techno Legal Corporate, IP And ICT Law Firm of India that is providing domain specific services on Corporate, IP and ICT matters such as Banking and Finance, Business Setup, Corporate and Commercial Advisory, etc. See Perry4Law’s Services for more details.

Saturday, November 24, 2012

India's Proposal On International Telecommunications Regulation (ITRs)

The international telecommunications regulations (ITRS) and Indian response is not absolutely clear. Since 2008 India has been systematically becoming an endemic e-surveillance society.

If this was not enough, India has absolutely ignored the civil liberty issues in cyberspace. The civil liberties like freedom of speech and expression, right to privacy, etc have been totally neglected by Indian government.

Through the information technology amendment act 2008, the cyber law of India has been converted into an e-surveillance instrumentality and a tool to curb freedom of speech and expression online.

India has carried forward this mentality and attitude while submitting its proposal on the international telecommunications regulations (ITRS). Despite numerous glaring example of abuse of draconian cyber law of India, the Indian government has not deemed it fit to repeal the cyber law of India.

So what should be India’s stand during the forthcoming World Conference on International Telecommunications (WCIT) to be held in Dubai next month?

Important issues like Cyber Security, Cyber Forensics, E-Surveillance, Human Rights Protection in Cyberspace, International Cyber Crime Investigation Support, etc must be essential part of the proposed ITRs, suggests Praveen Dalal, managing partner of Perry4Law and CEO of PTLB.

PTLB has launched many effective and dedicated initiatives and projects that would help in achieving the objectives of ITU in general and ITRs in particular. For instance, projects like national cyber security database of India (NCSDI), cyber security research and development centre of India (CSRDCI), cyber forensics research and development centre of India, cyber crimes investigation centre of India, etc are on the lines that ITU has been projecting for long.

Let us see how WCIT 2012 would tackle various issues pertaining to information and communication technology (ICT) and how industry leaders like PTLB would contribute in achieving the objectives of ITU and other international organisations.

Friday, November 23, 2012

Indian Cyber Security: Are We Secured Enough?

With the day by day progression in the sphere of information technology the world is now more strongly interconnected. The information and communication technology (ICT) has also become an important part of many business organisations. In this current era of technical advancement even the critical infrastructure of many countries is intensely reliant upon the ICT.  Use of ICT has also given rise to new “functionality risks or flaws”. Naturally the first question that comes to our minds is “is India secured enough?”

The increased use of Internet, laptops, mobiles, etc have made our lives more comfortable but they have also given rise to evils like hacking, theft of data and malware attacks. Cyber security breaches are on the rise and without reasonable governmental intervention through rules, responsibilities and formal procedures, any information security framework cannot prove effective.

Broadly speaking, homeland security is significant to the overall security of any nation. Recent terror attacks and other security concerns pertaining to international law and order situation have prompted many countries to focus on the modernisation and up gradation of their security infrastructures. Some summits and conferences have also been conducted in this regard at national and international levels.

No nation can fight cyber crime or secure its cyberspace in isolation and there is an urgent need to work on agreements on international standards. Even there is no universally acceptable international cyber law treaty and international cyber security treaty.

We must stress upon Acceptable International ICT Policies and Strategies while keeping in mind the Golden Principle that National Security and Human Rights Must Be Reconciled in India and World wide, opines Praveen Dalal managing partner of Perry4Law and CEO of PTLB.

The World Conference on International Telecommunications (WCIT), to be held in December 2012 at Dubai, will attempt to revise international telecommunication regulations, which have not been updated since 1988. However, international telecommunications regulations (ITRS) and Indian response in this regard are not in the right direction.

Important issues like Cyber Security, Cyber Forensics, E-Surveillance, Human Rights Protection in Cyberspace, International Cyber Crime Investigation Cooperation, etc must be essential part of the proposed ITRs, suggest Dalal. A Comprehensive and Holistic Cyber Security Strategy of India must be immediately implemented in India.

In the absence of actual and practical efforts in the direction of ensuring cyber security in India, mere conferences and policy formulation would not bring desired results. Of course, real and effective techno legal cyber security initiatives of India by Perry4Law and PTLB like National Cyber Security Database of India (NCSDI), Cyber Security Research and Development Centre of India (CSRDCI), Cyber Forensics Research And Development Centre Of India, Cyber Crimes Investigation Centre Of India, etc can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

Let us hope that India would move forward from mere declaration and conferences to actual and ground level works.

International Telecommunications Regulations (ITRs) And Indian Response

The battle for controlling the Internet has already begun. As far as India is concerned, its proposal on International Telecommunications Regulations (ITRs), submitted last month to the International Telecommunications Union (ITU), has already faced stiff opposition from many segments.

The cyber law of India, incorporated as the information technology act, 2000 (IT Act 2000), has already crossed the limits of constitutionality and reasonableness. In fact, Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, has already shown his dissatisfaction with the proposed IT Act 2008 amendments in the year 2008 itself. Some have even suggested that the cyber law of India should be repealed.

According to Praveen Dalal, “The IT Act 2000 is more on the side of a collection of “Legal Jargon” than a Law as contemplated by the Constitution of India. With the Information Technology Amendment Act, 2008 (IT Act 2008), even this Legal Jargon has become a “Legal Nuisance”. The net effect of the IT Act 2008 was that Indian Cyber Law ceased to be a “Reasonable and Constitutional Law”.

Indian police force is openly misusing the provisions incorporated by the IT Act 2008 amendments and are arresting netizens even for the slightest form of political and personal disagreement. In these circumstances the “Interim Proposal” of Indian Government to ITU is a great “Cause of Concern” opines Dalal.

Now even the European Parliament has warned that control of the Internet must be stopped from falling into the hands of ITU. The representatives of EU have demanded from the negotiators to block attempts by the ITU to gain ultimate control over the Internet. A conference in Dubai is expected to be held next month in this regard.

The World Conference on International Telecommunications (WCIT) will attempt to revise international telecommunication regulations, which have not been updated since 1988. However, European Parliament is not happy with some of the proposals presented ahead of WCIT. It believes that if these proposals are accepted,   this could result in the ITU itself becoming “the ruling power of the Internet”.

Important issues like Cyber Security, Cyber Forensics, E-Surveillance, Human Rights Protection in Cyberspace, International Cyber Crime Investigation Support, etc must be essential part of the proposed ITRs, suggest Dalal.

What would be the final outcome of these deliberations cannot be predicted at this stage but any attempt to regulate or curb Internet freedoms must be strongly protested against by both national and international civil liberty stakeholders.

Tuesday, October 30, 2012

Third (3rd) Worldwide Cyber Security Summit Of Delhi: Will It Succeed?

India is presently facing many cyber security challenges and problems. These challenges and problems pertain to diverse fields and are complicated in nature. Naturally, cyber security problems, issues and challenges management in India is not an easy task. Various cyber security stakeholders are trying to tackle novel cyber security issues in India but with moderate success.

Cyber security, like any other initiative, requires dedicated, actual and ground level work. If the actual work and will is missing, thousands of partnerships and conferences cannot bring any result.

In the past as well we have heard this question “Will the Second Worldwide Cyber Security Summit of London Succeed”?  After more than a year of posing of this question, it seems to have been answered in “negative”. Coincidentally, the Third (3rd) Worldwide Cyber Security Summit of New Delhi, India is in progress. Now the question is “Will the Third (3rd) Worldwide Cyber Security Summit of Delhi Succeed”?

In the absence of actual and practical efforts in the direction of ensuring cyber security in India, mere conferences and policy formulation would not bring desired results. Of course, real and effective techno legal cyber security initiatives of India like National Cyber Security Database of India (NCSDI) and Cyber Security Research and Development Centre of India (CSRDCI) can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

Let us hope that India would move forward from mere declaration and conferences to actual and ground level works.

Will The Third (3rd) Worldwide Cyber Security Summit Of Delhi Succeed?

Cyber security, like any other initiative, requires dedicated, actual and ground level work. If the actual work and will is missing, thousands of partnerships and conferences cannot bring any result.

Of course, techno legal initiatives like National Cyber Security Database of India (NCSDI) and Cyber Security Research and Development Centre of India (CSRDCI) can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

In the past as well we have heard this question “Will the Second Worldwide Cyber Security Summit of London Succeed”?  After more than a year of posing of this question, it seems to have been answered in “negative”. Coincidentally, the Third (3rd) Worldwide Cyber Security Summit of New Delhi, India is in progress. Now the question is “Will the Third (3rd) Worldwide Cyber Security Summit of Delhi Succeed”?

We are reposting below this guest post of Praveen Dalal, managing partner of Perry4Law and CEO of PTLB for the larger debate on this issue.

One of the major problems with Cyber Law and Cyber Security is that it is International in nature. Nations across the World are committing mistake by considering it a National Issue and giving it a National Treatment.

This is also the main reason why we have no Cyber Law in many countries and a poor Cyber Law in some countries like India. Since there is no “International Obligation” to prevent Cyber Crimes and to protect the Cyber Rights and Properties of its Citizens, a country may have little incentives to stress upon Strong Cyber Law and Robust Cyber Security.

Consider the example of India. The Information Technology Act, 2000 (IT Act 2000) is the sole Cyber Law of India. It has been amended through the Information Technology Amendment Act 2008 (IT Act 2008). The purpose of IT Act 2008 was neither to strengthen the Cyber Law of India not to cater the growing needs of Cyber Security in India. Its main purpose was to empower Indian Government and its Agencies to indulge in Unaccountable and Unconstitutional E-Surveillance and Eavesdropping. The truth is that Cyber Law of India needs urgent repeal.

Further we have no Cyber Security in India, Cyber Security Policies and Strategies in India and Cyber Security Laws in India. Even India is not a party to any International Convention or Treaty on Cyber Law. This explains why India is the only country that has made its Cyberspace a “Safe Heaven” for Cyber Criminals by making almost all the Cyber Crimes Bailable.

Even US has said that existing Public International Law(s) are sufficient for meeting the Cyber Law and Cyber Security requirements at the International level. Now if both US and India are not serious about “International Harmonisation” of Cyber Law and Cyber Security Framework, they can be little benefited out of Conferences like the Second Worldwide Cyber Security Summit Of London.

US has recently revealed its International Strategy for Cyberspace. Further, an India US Cyber Security Cooperation has also been signed recently. However, these are “Piecemeal Efforts” as without “International Harmonisation” Cyber Crimes and Cyber Security Attacks cannot be effectively tackled.

International Organisations must be more proactive towards fighting Cyber Crimes at International level. Time has come to abandon the “Bilateral Agreements” approach and adopt Multilateral and International Harmonisation approach.

Saturday, October 27, 2012

Cyber Security Initiatives Of India

The cyber security landscape for India is undergoing a fast change. Thanks to some very good techno legal initiatives by private cyber security players of India, cyber security of India is back on track.

For instance, Perry4Law techno Legal Base (PTLB) has launched many far reaching and significant techno legal cyber security initiatives in India. The cyber security research and development centre of India (CSRDCI) is the exclusive techno legal cyber security centre of India managed by PTLB. Similarly, PTLB is also managing the exclusive techno legal national cyber security database of India (NCSDI) that is the exclusive techno legal database of cyber and information security professionals of India.
  
However, there are many more cyber security issues in India that are still required to be addressed by our policy makers. Cyber security in India and its challenges and problems are too vast to be managed by a single organisation or even by Indian government.

According to Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, Sophisticated Malware like Stuxnet, Duqu, Flame, etc have already proved that Critical Infrastructures around the World like Power Grids, Nuclear Facilities, Satellites, Defense Networks, Governmental Informatics Infrastructures, etc are vulnerable to diverse range of Cyber Attacks. The truth is that Cyber Attacks are affecting Indian Critical Infrastructure and we are not even aware of the same.

There is no doubt that managing India’s cyber security problems, issues and challenges is not an easy task rather it is a mammoth task to achieve. Critical infrastructure protection in India is urgently needed. Even Indian government has realised this fact and it has announced the establishment of national critical information infrastructure protection centre (NCIPC) of India.  

The department of electronics and information technology (DeitY) has already proposed a central monitoring system (CMS) project of India to monitor and intercept electronic communications, messages and information. Further, a national telecom network security coordination board (NTNSCB) of India has also been proposed to strengthen the national telecom security of India.

Similarly, the home ministry of India has also launched national intelligence grid (Natgrid) project of India, crime and criminal tracking networks and systems (CCTNS) project of India, national counter terrorism centre (NCTC) of India, etc. These projects intend to strengthen the intelligence gathering and counter terrorism capabilities of India. These projects also intend to strengthen the cyber security of India as well.

The cyber security capabilities of India must be strengthened. Both offensive and defensive cyber security capabilities of India must be developed. This can be done by ensuring cyber security skills and capabilities development in India. We have to train our manpower in a techno legal manner keeping in kind the contemporary cyber security requirements. Let us hope for the best in this regard.

Wednesday, October 17, 2012

Cyber Security Of India Under Transformation

This is the updated version of the article posted by my colleague Catherine Fernandes. For some technical reasons the article has failed to appear at Google news. We are reposting the same here for the larger benefit of our readers.

Our readers must be well aware of the cyber security environment of India that has been passing through a stage of transformation. From complete apathy to giving cyber security a serious consideration, we have witnesses many stages in India.

While discussing cyber security of India is a good sign for Indian cyber security yet we have already done enough talks and it is the actual implementation of cyber security initiatives that is required at this stage.

Indian government has already decided to adopt public private partnership (PPP) model to implement its cyber security initiatives. This is a good decision as no government of the world can possess on its own the requisite cyber security expertise to manage growing cyber threats.

Serious cyber threats have been threatening the critical infrastructures of India and there is a dire need to manage critical infrastructure protection in India. For instance, cyber terrorism, cyber warfare, cyber espionage, etc are some cyber threats where we need to develop both offensive and defensive cyber security capabilities in India. Further, cyber security skills development in India is also needed.

While Indian government has ignored cyber security of India for long yet some private players have been playing a pro active role in this regard. For instance, Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) have launched exclusive techno legal cyber forensics research centre of India, cyber security research centre of India and cyber crimes investigation centre of India for long.

These centers would help in modernisation of police force of India and fighting against cyber crimes, cyber attacks and other menaces of cyberspace. Further, cyber crimes investigation training in India by PTLB can also be helpful. In short, cyber security in India has been rejuvenated by private players that further needs governmental support.

The starting point can be formulation of an effective cyber security policy of India that must be actually implemented at grass root levels. No matter howsoever good the intentions and announcements may be they are useless if they are not implemented in a timely and effective manner. India government must take help of techno legal institutions like PTLB and PTLITC to effectively manage its cyber security related tasks.

PTLB Strengthened Cyber Security Of India

Cyber security of India is the popular discussion these days. This is a good sign for the cyber security of India. However, we have already done enough talks and it is the actual implementation of cyber security initiatives that is required at this stage.

Serious cyber threats have been endangering the critical infrastructures of India and there is an urgent need to ensure critical infrastructure protection in India. For instance, cyber terrorism, cyber warfare, cyber espionage, etc are some areas where we need to develop both offensive and defensive cyber security capabilities in India. Further, cyber security skills development in India is also required.

While Indian government has always ignored cyber security of India yet some private players have been playing a pro active role in this regard. To cite an example, Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) have launched exclusive techno legal cyber forensics research centre of India, cyber security research centre of India and cyber crimes investigation centre of India for long.

These centers would help in modernisation of police force of India and fighting against cyber crimes, cyber attacks and other menaces of cyberspace. Further, cyber crimes investigation training in India by PTLB can also be helpful. In short, cyber security in India has been rejuvenated by private players that further needs governmental support.

The starting point can be formulation of an effective cyber security policy of India that must be actually implemented at grass root levels. No matter howsoever good the intentions and announcements may be they are useless if they are not implemented in a timely and effective manner. India government must take help of techno legal institutions like PTLB and PTLITC to effectively manage its cyber security related tasks.

Tuesday, October 16, 2012

Cyber Security In India Rejuvenated By Private Players

Cyber security issues in India are in discussion these days. Whether it is private players or government officials, cyber security is the theme of their discussions. Even cyber security firms and companies in India have become active. However, cyber security issues and challenges in India are still daunting enough to think seriously about Indian cyber security.


Indian government has launched many complex projects like CCTNS, National Intelligence Grid (Natgrid), National Counter Terrorism Centre (NCTC) Of India, Central Monitoring System (CMS) Project Of India, etc that require techno legal expertise.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law and CEO of Perry4Law Techno Legal Base (PTLB) India cannot afford to adopt this “Lax Cyber Security Strategy” at this crucial period of time when Cyber Crimes and Cyber Attacks, Terrorism and Cyber Terrorism, Cyber Warfare, Cyber Espionage, Organised Crimes, Trans Border Crimes, White Collar Crimes, etc are plaguing India. We urgently need an Implementable Cyber Security Policy of India, opines Praveen Dalal. We have been working in these crucial directions for long and are further Strengthening our Cyber Security Initiatives, inform Praveen Dalal.

In fact, Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) have already been managing exclusive cyber forensics research centre of India, cyber security research centre of India and cyber crimes investigation centre of India. These centers would help in modernisation of police force of India and fighting against cyber crimes, cyber attacks and other menaces of cyberspace. Further, cyber crimes investigation training in India by PTLB can also be helpful.

There is an urgent need to engage in public private partnership between Indian government and private cyber security institutions like PTLB and PTLITC. Further, assistance of Perry4Law can also be taken while formulating legal frameworks pertaining to cyber security in India. Let us hope Indian government would be serious this time and take assistance of Perry4Law, PTLB and PTLITC.

Wednesday, October 3, 2012

Cyber Security In India Rejuvenated By PTLB

Cyber security issues in India have always vexed India for long. Cyber security has also been ignored in India for long and it is only now that some interest in cyber security field has been shown in India by the Indian government.

However, there are some private players who have been instrumental in spreading awareness about cyber security related aspects in India. The most prominent among these cyber security players are Perry4Law and Perry4Law Techno Legal Base (PTLB).

Perry4Law and PTLB have single handily managed to provide robust cyber security policy framework and cyber security awareness among various stakeholders. In fact, many good and exclusive techno legal initiatives have been launched by Perry4Law and PTLB in the past five years.

Now dedicated platforms have been opened by Perry4Law and PTLB to further rejuvenate cyber security in India. Some of the initiatives of Perry4Law and PTLB include cyber security research centre of India by PTLB, virtual e-learning campus in India by PTLB, lifelong techno legal education in India by Perry4Law, cyber security software repository of India by PTLB, etc.

According to Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, there are numerous cyber security challenges in India that are still unredressed. He believes that India's cyber security challenges are unique to Indian conditions and they require local treatment and solutions. Cyber security issues in India require a dedicated effort on the part of Indian stakeholders, opines Praveen Dalal.

There cannot be a second opinion about these suggestions. We are already facing issues like cyber warfare against India, critical infrastructure protection in India, cyber terrorism against India, cyber espionage against India, etc. These issues need urgent attention of Indian government and various cyber security stakeholders of India.

The initiatives and efforts of PTLB in the direction of strengthening of cyber security in India are really praiseworthy. We look forward for more initiatives from Perry4Law and PTLB in the future.

Sunday, September 30, 2012

Cyber Security In India Is Needed

Cyber security in India is one issue that has not received much attention at the top level. The cyber security reflections in India are not very encouraging and promising. We are facing issues like cyber warfare against India and its defenses, critical infrastructure protection in India, cyber terrorism against India and its defences and solutions, cyber espionage against India and its challenges, solutions and defences, etc. These issues need urgent attention of Indian government.

The recent power blackout in many parts of India also brought cyber security for power energy and utilities in India under consideration. The power grids cyber security in India and its challenges were recognised and appreciated by India. However, we have to stress upon defending our power and critical infrastructures keeping in mind the cyber security issues and challenges in India.

According to Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, there are numerous cyber security challenges in India that are still unredressed. He believes that India's cyber security challenges are unique to Indian conditions and they require local treatment and solutions. Cyber security issues in India require a dedicated effort on the part of Indian stakeholders. Even the cyber security firms, companies and consultants in India must be pro active, opines Praveen Dalal.  

Equal stress must also be given to cyber security skills and capabilities development in India. More online cyber security courses in India must be developed on the lines suggested by PTLB.

In fact, PTLB e-learning platform is the exclusive techno legal online education, training and skills development initiative of India. It is helping in cyber security skills development in India and world wide. Let us hope that Indian government would seek more active and direct collaboration with techno legal leaders like Perry4Law and PTLB to strengthen cyber security of India.

Monday, September 17, 2012

Power Companies Defying Delhi Chief Minister’s Directions

The loot of power companies in Delhi continues. The inflated power bills have still not been rectified by the respective power companies. In fact, Tata Power Delhi Distribution Ltd (TPDDL) was punished by DERC for similar reasons.

The way power companies in Delhi are minting money illegally in an unrestricted manner, it shows that they are acting in hand and glove with the Delhi Government. The direction of Delhi’s Chief Minister Sheila Dikshit proves another political promise and gimmick with no actual intentions to act.

According to B.S.Dalal, partner at Perry4Law, “It is evident that power companies in Delhi are not providing the correct facts and figures and the detailed supplied by them is not only self contradictory but also does not make any sense. As a vigilant citizen of India and resident of India, I did what we must do. I lodged a grievance and complaint with the Delhi’s Chief Minister’s office and other governmental officials and agencies and you must also do so.”

So far Delhi’s Chief Minister’s office has not officially responded to the abovementioned complaint. It seems Delhi Government is well committed to support the power companies in their looting exercise.

Till now power companies in Delhi have not shown any sort of inclination to address the concerns of either Delhi residents or Chief Minister’s empty assurances. The truth is that power companies in Delhi are actively and voluntarily defying all ineffective and useless directions of Delhi Chief Minister.

It is high time for Delhi Government to actually take some concrete steps to address the concerns of those from whom it seeks vote during every election.

Saturday, September 15, 2012

Biometrics Collection Is Unconstitutional In India: Experts

Indian government is allowing taking and collection of biometric details of Indian residents without due process of law. According to techno legal experts of India, unconstitutional and illegal biometrics collection laws and practices in India are in abundance. This is happening despite all sorts’ of constitutional protections that Indian residents possess.

However, constitutional protections seems to be more paper work as Indian government is not paying any attention to constitution of India while taking and collecting biometric details in India.

According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of Asia, “There is no second opinion that collection of “Highly Sensitive Biometric Details” by any Governmental Agency or Authority in such circumstances is not only “Unconstitutional” but is also “Highly Risky” for Life and Liberty of Indian Citizens/Persons. In fact, collection of Biometric Details by UIDAI and NPR are clearly “Unconstitutional and Illegal” and Indian Citizens and Residents can “Refuse” to provide the same no matter what these Authorities and Laws say”.

While countries like US, UK, etc have abandoned the idea of biometric collections due to privacy violation issues yet Indian government is all committed to deny privacy rights in India.

Similarly, when India is facing shortage of financial resources to meet the most basic projects and to provide the essential living facilities, spending crores of public money is nothing but an indirect method to provide monetary benefits to few. It is nothing short of a scam that has not received public attention.

It is high time to analyse the nefarious objectives and dark sides of this biometric collection exercise of Indian government and put it at rest for ever. Otherwise, e-surveillance in India would be a norm in India and we would lack any form of protection of civil liberties in Indian cyberspace.