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.