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.