Internet has changed the way we create
and share
information. Further, Internet has also made the conflict of laws
problem more troublesome and complicated. For instance US companies
and websites may not comply with Indian cyber laws and vice versa.
As per a recent research analysis by
India leading
techno legal ICT law firm Perry4Law
and its techno legal segment PTLB,
US companies and websites are increasingly feeling the pressure to
comply with Indian laws, especially the intellectual property and
cyber law. Google, Facebook, etc may even be asked to establish
servers in India to make compliance with Indian
laws
easier.
Further, conflict
of laws is also posing a big problem for US
companies and
websites. Those companies and websites that have no physical presence
in India find it unnecessary to comply with Indian laws.
Take the recent example of Nirmal baba
episode where
an ex parte interim injunction was issued against Hubpages.Com and
one of its writers known as Indijobs. Not only this, Hubpages was
also directed that on the next date it shall provide the complete
details of identity of Indijobs and his Author Log in data including
contact details, registration data, residence address and IP address
to the Delhi High Court in sealed cover.
Since neither Hubpages nor Indijobs
contested the
suit, it was single sided and ex parte in nature although it could
have been well contested. US
companies, India, conflict of laws and criminal liabilities
issues would become more complicated in the future. It would not be a
good strategy to surrender to unjustified demands without a fight.
US companies like Google, Facebook, etc
must
formulate Techno
Legal Strategies for India, suggests Praveen
Dalal,
managing partner of Perry4Law and leading techno legal expert of
Asia. Google
is already facing Conflict of Laws Problem in
India,
informs Dalal.
Further, cyber
litigations and disputes are going to increase in India
and companies that are eying upon Indian business must not let such
proceedings seal their fates.
