Public initiative needed to fill policy vacuum
The Indian government has accepted the recommendations of Praveen Dalal again and announced the amendment of the Information Technology Act (IT Act) 2000, India’s only cyber law, keeping in mind the requirement of cyber forensics in India.
According to Praveen Dalal, a leading techno-legal ICT, cyber law, cyber security and cyber forensics specialist of India, “India is ignoring the importance of cyber security and cyber forensics. ICT trends in India-2006, ICT trends in India-2007, Cyber Security Trends by PTLB-2007, etc, are examples of faulty ICT/E-governance strategies and policies of India. Further, Cyber Forensics Trends in India-2008 are also not conducive to the growth of legal enablement of ICT systems in India. The obvious result is that law enforcement agencies, lawyers, judges, etc, find it difficult to deal with issues concerning ICT. The position is worse when it comes to investigation of cyber crimes committed through wireless networks. We cannot blame the law enforcement agency, prosecution and judiciary in this regard as there is an absence of proper legislative and policy support in India.”
The natural question that arises in this situation is: can ’public initiatives’ fill the ’governmental policy vacuum’? There is no doubt that the government does consider inputs from experts and specialists in the respective fields. For instance, the government of India has recently accepted the recommendations of Dalal once again and announced amendment of the Information Technology Act, 2000 (IT Act, 2000), the only cyber law in the country, keeping in mind the requirement of cyber forensics in India. A very interesting ’national consensus-building exercise’ on the development of capacity for legal enablement of ICT systems in India is taking place. It is spearheaded by Dalal and leading techno-legal platforms of India like PTLB, PTLITC, etc. All of us must extend our support to this ’national cause’. Similarly, on public request, a ’Working Group on Cyber Law in India’ is in the process of being constituted that would take care of the legal enablement of ICT systems in India. It would be comprised of leading organisations, institutions, industrial and professional bodies, members of civil society and non-governmental organisations (NGOs), governmental representatives, lawyers, judges, etc, who have sound knowledge of and expertise in the field of ICT. At the same time, assistance and services of ’volunteers’ and ’associates’ would also be sought; they may not be part of the working group but could nevertheless be capable of providing a ’good shape’ to the ICT policies of India.
The answer to the main question posed seems to be that ’public initiatives like consensus-building and working groups can fill the governmental vacuum’. We need good people who can take the challenging task of building a ’safe and strong India’. The ultimate question is ’are you the one’? Yes, we think you are.
Praveen Dalal is the Managing Partner of Perry4Law and heads its PTLB, PTLITC and other Techno-Legal Divisions which provide cyber law, cyber security and cyber forensics assistance and services. Perry4Law is the first and exclusive techno-legal and ICT law firm in India and has been in operation since 2002. It deals with the legal issues associated with ICT and the use of ICT for legal purposes. PTLB and PTLITC are a few of the techno-legal ICT initiatives of Perry4Law and are in the process of upgradation and formalisation. Dalal’s specialisations include areas like cyber law, cyber security, cyber forensics, digital evidencing, corporate ICT compliances, etc.
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Shayam
The unfortunate condition through which the present ICT environment of India is passing through is really painful. Despite lot of positive suggestions and recommendation, the Government of India (GOI) has not paid even slightest attention towards the strengthening of legal enablement of ICT systems in India. The recent passing of the Information Technology (Amendment) Bill, 2008 by both Rajya Sabha and Lok Sabha without even a discussion or debate is a shameful example of the same.
However, a new ray of hope has been gleaming through the dark clouds of non-transparent and non-accountable governmental actions. Mr. Praveen Dalal, Managing Partner of Perry4Law, is spearheading a very unique and much needed ICT initiative of India. Perry4Law has come up with the latest initiative titled ?Legal Enablement of ICT Systems in India? that would act as the ?National and International Gateway? for information related to use of ICT for Legal and Judicial purposes in India.
Shayam
Till now, there is no such initiative in India that is analysing the need and applicability of ICT in the Legal and Judicial Systems of India. The platform will also serve as ?Guidance? for India as well as other Nations for acquainting themselves with the legal enablement of ICT systems in India. We hope the GOI and other interested players would consult the same from time to time while formulating ICT Policies and Strategies of India.
Roy
That is really a great news.
A N Shankar
I stumbled across the set of articles posted by Shayam and did some research on the same. All articles seem to have only one objective of projecting one organization called Perry4Law and some body called Praveen Dalal. All these articles have no information content worth the title. I am reminded of the evening tabloids having screaming headlines and nothing else in the article. It is surprising that most articles have some comment posted praising Perry4law. All this appears to be an orchestrated attempt to advertise.
Ram
The Techno-Legal Regulations have finally got the attention of a segment of Government of India, i.e. Ministry of Corporate Affairs (MCA). However, the media reports and the Ministry sources were totally clueless about the Information Technology Act, 2000 (IT Act, 2000) of India that is also the sole cyber law of India. The ignorance can be found of at least two facts, i.e. knowledge about IT Act, 2000 and its harmonisation with two or more laws (in this case The Indian Companies Act, 1956, The Competition Act, 2002, etc). For instance, some sources have claimed that e-mails will be a valid piece of evidence under the new company law. They are already admissible in evidence the only fact is that lawyers, judges and regulatory bodies are not aware about the same.
According to Mr. Praveen Dalal*, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India, ? The IT Act, 2000 already mandates legal recognition of electronic records and evidences. The problem seems to be a lack of awareness about it and absence of ICT guided coordination among various Ministries and Departments of Government of India (GOI). The GOI must hramonise legislations like IT Act, 2000, Cr.P.C, IPC, Evidence Act, CPC, Competition Act, 2002, etc at appropriate levels so as to avoid regulatory overlaps?.
Ram
India?s National E-Governance Plan (NEGP) is a very promising initiative. However, we lack competencies, will and proper policies and strategies in India to execute it effectively at this stage. Take for example the recent initiative of GOI titled as National e-Governance Services Delivery Gateway (NSDG). NSDG is a standard based messaging middleware for e-governance services. It is a part of the NEGP of Government of India. One wonders that why despite these initiatives, India?s ranking in the sphere of e-governance, e-readiness, etc is declining day by day. For instance, India?s e-readiness ranking dropped to 113 in 2008 from 87 in 2005.[1] In the recent ?Ease of Doing Business Rankings 2008?, released by the World Bank, India has been ranked 120th out of 178 countries.[2] The ICT strategies of India need rejuvenation to make NEGP effective.[3] Public Initiative needed to fill policy vacuum since Governmental policies and strategies are not benefiting the common man.[4]
Kishore
The NEGP can be a reality rather than fiction if we concentrate upon the weaknesses of Indian ICT policies and strategies. The issues like legal enablement of ICT systems in India, public and governmental awareness of IT Act, 2000, formulation of effective ICT strategies and policies in India, etc must be resolved first before we can encash the benefits of e-governance in India.
Kunal
Is e-governance without a sound cyber law, cyber security and cyber forensics a good option in India? I do not agree. We must first build capacity for legal enablement of ICT systems in India before taking any promising e-governance venture. India is infamous for its weak cyber law (IT Act, 2000) and ineffective e-governance. A crucial truth that India failed to appreciate is that e-governance in India is useless till we are capable of securing it as well. Without the crucial capabilities in the fields of cyber security and cyber forensics, India is heading towards a big trouble. Even the basic ?e-mail tracking? procedures are sometimes posed as a big challenge before the law enforcement in India. Interestingly, some of the legal experts have shown their support for prosecuting owners of e-mail addresses and Internet Protocol addresses relying upon ?common law principles? not knowing exactly the nature of the Internet.
Ram
?Cyber Law in India is in its infancy stage and is struggling hard to meet the contemporary Information and Communication Technology (ICT) requirements. ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends by PTLB-2007, etc have proved that India has not paid enough attention to the Legal Framework for the Information Society and Legal Enablement of ICT Systems in India. To worsen the situation we have a weak Cyber and ICT Security in India. Cyber and ICT Security in India is an ?Ignored World? and the same is not going to improve due to the faulty Cyber Security Strategy of India. This precarious situation has lead to an insufficient Critical ICT Infrastructure Protection in India. The Critical ICT Infrastructure Protection and Management in India has still not got the attention of Government of India and Private Industry Players. In short, the ICT Strategy of India Needs Rejuvenation so that we may have a sound Cyber law and Effective ICT and Cyber Security?.
Rajesh
The government of India must also do some effort to streamline Indian cyber law so that we may have a strong cyber law in India. Although the government has proposed some amendments in the information technology act, 2000 yet they have not yet become part of the law. I hope we may get a good cyber law very soon.
Ram
Although India has done a good job by enacting the IT Act, 2000 yet it failed to keep it updated. For instance, we need express provisions and specified procedures to deal with issues like Denial of Service (DOS), Distributed Denial of Services (DDOS), Bot, Botnets, Trojans, Backdoors, Viruses and Worms, Sniffers, SQL Injections, Buffer Overflows, etc. These issues cannot be left on mere luck, implied provisions or traditional penal law of India (IPC). Even issues like cyber war against India or cyber terrorism against India have not been incorporated into the IT Act, 2000 yet. The task is gigantic and so must be the will to achieve it. Lack of political will and present bureaucratic incompetencies are degrading the ICT law situation in India.
Gautam
Public initiatives are absolutely necessary in India. For instance, Cyber Law Database of India intends to provide a comprehensive and holistic resource base at a single place. All possible information has been provided at a single platform so that public can have maximum benefit. This effort of the Law Firm Perry4Law is not only unique but also intends to be the best in India as well. This initiative of ours becomes more important because besides various grey areas in the Information Technology Act, 2000 (IT Act, 2000) India is also facing problems of lack of Cyber Security in India as well as ICT Security in India. A techno-legal base is the need of the hour. Unfortunately, we do not have a sound and secure ICT Security Base in India and Cybersecurity in India is still an ignored World. If opening of Cyber Cells/Cyber Units/ Cyber Security Labs alone is Cyber Security then perhaps India is best in the World at managing Cyber Security issues. Unfortunately ICT Security in India is equated with face saving exercises of false claims and redundant exercises. The truth remains that ICT Security in India is a myth and not reality. The Cyber Law in India requires a dedicated and pro active approach towards ICT and Cyber Security in India. In the absence of a dedicated and sincere approach, the CyberLaw in India is going to collapse. Let us hope that this effort of ours will provide Cyber Law of India in general and ICT in particular a new direction and dimension.
Gurvinder
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.
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