Internet Intermediary Liability Law In India Must Be Reformulated: P4LO

P4LOThe roots of Internet intermediary liability law of India can be traced back to the Information Technology Act, 2000 (IT Act 2000). It is primarily incorporated in Section 79 of the IT Act 2000 read with corresponding rules. However, due to industrial lobbying and inadequate governmental representation before the Supreme Court of India, the Internet intermediary liability has been curtailed to a great extend in the most undesirable manner by none other than the Supreme Court of India. Indian government is equally to blame as it failed to remedy the adverse situation created by Indian Supreme Court.

Now issues pertaining to Internet intermediary liability have been raised by media and industrial lobbies once again. As usual, these issues have been portrayed as troubles that Internet intermediaries and foreign companies would faced with the passage of Goods and Services Tax (GST) Act 2016. Many political parties could also be responsible for raising such voices in a distorted and improper manner so that the GST law cannot be passed in India.

Indian government should not be diverted by these empty and false concerns that are meant to sabotage the GST law and Digital India project. For an effective implementation of Digital India, we need a strong cyber law with effective implementation of its provisions. Internet intermediary liability and adherence to cyber law due diligence (pdf) are absolutely essential to safeguard India’s interests.

Similar undesirable provisions have been introduced in the Copyright Act of India that aim to discourage Copyright holders from agitating before Internet intermediaries when their copyrighted contents and works are stolen. We at Perry4Law Organisation (P4LO) strongly recommend that both IT Act 2000 and the Copyright Act 1957 must be suitably amended immediately to eliminate these lacuna that are detrimental to interests of Indian stakeholders.

For some strange reasons, India preferred to overload Indian courts that are already overburdened. If for every reason, a person has to go to a court and obtain a court order, it would defeat the national litigation policy of India that is advocating reduced governmental and non-governmental litigations before the courts. In United States issues like these are always dealt with outside the court where the aggrieved party sends a notice to the Internet intermediary and the intermediary is required to remove the objectionable contents immediately. There is no reason why such an arrangement cannot be used in India.

It is of paramount importance that Indian government must make the Internet intermediary liability more stringent rather than making it impotent. An inaction on the part of Indian government could cost loss of lives and property as has already happened in the past.

In one unfortunate case, a victim’s morphed picture was posted on Facebook and police did little to get it removed. The victim could not directly approach the Facebook as Supreme Court has ridiculously read down Section 79 making it impotent. She ultimately committed suicide and this is the net consequence of a bad decision on the part of Indian Supreme Court and inaction on the part of Indian government to bring suitable provisions in the IT Act 2000. We hope such incidence would not be repeated in future and Indian government would urgently do something in this regard.

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Legal And Regulatory Career Options-By Perry4Law Organisation

Legal And Regulatory Career Options-By Perry4Law OrganisationThis work is part and parcel of the presentation and guidance [1] to be provided by Perry4Law Organisation to the students of Hans Raj Model School (HRMS), Punjabi Bagh, New Delhi-110026, India. The School is organising a Career Mela “Jigyasa[2] (PDF) for the benefit of school students of classes IX to XII on 29th November, 2014 in school campus.

Mr. Praveen Dalal [3], Managing Partner of Perry4Law Organisation would share his views, experience and suggestions with the students/parents who are interested in the legal and regulatory career. A question and answer session would follow after basic information sharing with the students/parents. The following points may prove useful to the students/parents as ready reference:

The Scope: Law and regulatory fields as a career has tremendous scope in India. The Common Law Admission Test (CLAT) For 5 Year Graduate Degree Program for some law colleges will be held online on Sunday 17th May, 2015 at any of the test centres spread across 16 cities in India. Please see http://www.pearsonvueindia.com/lsatindia/ for more details.

Students must also see the list and websites of National Law Schools available at http://www.barcouncilofindia.org/about/legal-education/national-law-universities-2/ for their respective admission procedures.

A law graduate from a recognised university has the following career options:

(a) Litigation: After completing the five year (after 12th) or 3 year (after Graduation) course in Law, the Degree holder has to clear the All India Bar Examination as conduced by the Bar Council of India. Please see http://www.barcouncilofindia.org/ for more details. Once the Bar Exam is cleared, the eligible candidate can enroll with any State Bar Council and start practicing before various courts as per prescribed rules like Certificate of Practice and Renewal Rules, 2014.

(b) Judiciary: Law graduates can also give entrance tests for becoming a judicial member.  Different states have different entrance tests for judicial services as on date though a common entrance test may be possible in the near future. Sometimes minimum years of law practice are prescribed as a condition to give judiciary entrance.

(c) Corporate Practice: A law graduate may also take up a legal manager job at a company or act as its In House Counsel. Many companies pick up the suitable candidates from placement cell of the law colleges itself.

Additional qualifications like Company Secretary are really helpful in this regard. Please see http://www.icsi.edu/ for Company secretary related matters.

(d) Lecturer: If you are interested in legal teaching professions then lectureship is the best option. A student needs to clear the Masters in Law and National Eligibility Test (NET) conducted by UGC.

(e) LPO/KPO: Legal process outsourcing (LPO) and knowledge process outsourcing (KPO) have also opened new avenues for law graduates. Many companies have opened their own dedicated LPO or KPO units where law graduates are frequently hired.

(f) Government Services: Law is quoted as one of the favourite optional subjects for Civil Services examinations. A qualification in Law can also be really handy while joining any Government department, public sector undertaking (PSU) or Political party.

We at Perry4Law Organisation hope that this information would prove useful to all concerned. We also wish all the best to the Students for their bright and golden careers ahead.

Please see Legal And Regulatory Career Options-By Perry4Law Organisation (PDF) for taking a print of this work.

End Notes:

[1] Issued In Public Interest By Perry4Law Organisation- Please see http://perry4law.org/, http://perry4law.com/, http://www.ptlb.in/ for our activities and initiatives.

[2] Please see http://www.hansrajmodelschool.org/schools/scirculars/111824112014144258.pdf for more.

[3] LinkedIn- https://in.linkedin.com/pub/praveen-dalal/3a/613/5ba , Twitter- https://twitter.com/praveen_dalal

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Skills Development And Entrepreneurship Must Be Strengthened In India

Skills Development And Entrepreneurship Must Be Strengthened In IndiaSkills development has been a major challenge for India for long. In the absence of skilled workforce, the employment system of India cannot adjust a vast majority of young population. As a result the percentage of unemployed youth is very high in India. Further, the academic nature of our education system has also not allowed these youth to explore the entrepreneurship arena. There is no guidance and support for these youth and they have no choice but to remain unemployed even after completing their education.

We at Perry4Law and Perry4Law’s Techno Legal Base (PTLB) believe that Indian government must urgently and suitably invest in skills development and entrepreneurship management. The academic nature of our educational system cannot be rectified instantly and it may still take a decade to bring them in conformity with contemporary standards and requirements.

As an alternative the Indian government must stress upon skills development and entrepreneurship strengthening initiatives. Our youth must also understand that having a degree or diploma must not be the ultimate aim but to acquire requisite skills must be their priority. Indian government must also stress upon technology aided and technology driven skills development initiatives in India. Online skills development, e-learning and distance learning projects must be encouraged by Indian government.

We have been managing online skills development initiative for many years and from our experience we can say that students and employees are still reluctant to choose the skills development option. They are still more comfortable with the diploma and degree courses without realising that most of them are useless. A special emphasis has been given by us on techno legal skills development that cover areas like cyber law, cyber security, cyber forensics, e-governance, e-commerce, etc.

We have also stressed upon continuing legal education, faculty development, lifelong learning, virtual legal campus, etc as well. For those interested in our online skills development and training initiatives, the “application form” can be downloaded from here. See the students’ enrollment and FAQs segments of PTLB for more details. For payment of the fees, see the payment mechanism of PTLB. Interested individuals may see our blog for more details.

We hope our skills development and entrepreneurship management projects and initiatives would be helpful and various stakeholders would fully utilise them to bridge the skills gap.

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Online Cyber Security Courses In India By PTLB

Online Cyber Security Courses In India By PTLBCyber security courses in India are in great demand in India. If media reports are to be believed, cyber security professionals would be in demand in India in the near future. However, cyber security skills and capabilities development is not an easy task to achieve.

At Perry4Law’s Techno Legal Base (PTLB) we believe that we must have both offensive and defensive cyber security capabilities in India. This is easy to say but very difficult to achieve.

Similarly, cyber security is a techno legal field that requires techno legal skills development in India and not merely an academic syllabus. We have been trying to achieve this herculean task and have achieved moderate success in this regard as well.

Our virtual campus is the exclusive techno legal cyber security virtual campus in India. It has been providing techno legal trainings and skills development in the fields like cyber law, cyber security, cyber forensics, cyber crimes investigation, e-discovery, e-commerce, e-courts, online dispute resolution (ODR), etc.

We achieve this task through the exclusive techno legal cyber security e-learning platform of India that is managed by PTLB. The “application form” can be downloaded from here. See the students’ enrollment and FAQs segments of PTLB for more details. For payment of the fees, see the payment mechanism of PTLB.

The objective of the online cyber security courses of PTLB is to provide on the spot trainings and skills development to masses. Since the trainings and skills development are technology driven, any person or institution from any part of the world can avail the benefits of our trainings and skills development initiatives. We hope our trainings and course would prove useful to all concerned.

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Entertainment And Media Industry Of India: Research Report On Growth And Challenges

In this work Perry4Law and Perry4Law Techno Legal Base (PTLB) are analysing the growth and challenges of media and entertainment industry of India. We are also analysing the entertainment and media industry trends in India in this post.

The entertainment and media industry of India is all set for a big growth trajectory. According to various estimates, India’s entertainment and media industry is expected to grow by 18 per cent over the next five years and is expected to become a 1.157 trillion industry by end of 2012.

Similarly, on regional levels as well the entertainment and media industry of India is anticipated to grow. For instance, the south Indian entertainment industry is expected to grow at 21,190 Crore. Further, this market is expected to grow at 14% over the next four years to reach 36,005 Crore.

The regulatory and business environment for entertainment and media industry of India is also maturing and becoming more favourable day by day. The recent Consolidated FDI Policy of India 2012 by DIPP allowed upto 49% foreign direct investment in broadcasting sector of India.

Now the Indian government has raised foreign direct investment (FDI) limit from 49% to 74% in various services of the broadcast sector, except television news channels and FM radio where the existing 26% limit will continue.

Similarly, online entertainment is the next big thing for studios and broadcasters. The biggest changes are expected in the Internet, television distribution, video games and casinos sectors.

Although this growth and development is happening in many countries yet a majority of this growth is expected from “BRIC” countries, i.e. Brazil, Russia, India and China. Undoubtedly, the huge markets of China and India are leading that growth. However, we need to consider the legal challenges; especially intellectual property rights (IPRs) issues in India, in order to fully benefit from this growth of entertainment and media industry.

This is so because with the projected growth there are also increasing cases of disputes as well. A majority of these disputes pertain to intellectual property rights (IPRs) issues. Indian media and entertainment industry may face the legal challenges of IPRs laws and cyber law of India. IPRs laws like copyright, trademark, etc may be frequently violated and occasionally invoked to redress IPRs violations of media and entertainment industry in India.

Similarly, online IPRs issues like domain name disputes may also be agitated in the future. Similarly, media and entertainment industry must keep in mind the mandates like “cyber due diligence in India” and other provisions of Information Technology Act, 2000. The cyber due diligence for press and media industry of India is also required.

Media and entertainment industry will also face technological challenges in future. For instance, the issues pertaining to digital preservation of entertainment industry products may assume significance in future. This requires a domain specific and techno-legal expertise that India may not currently possess. This situation requires a shift in the academic and professional education in India that needs to be suitably adopted keeping in mind the contemporary needs.

In nutshell, although the entertainment and media industry growth and challenges in India are imminent yet the legal issues of entertainment and media industry in India are going to increase. The media and entertainment industry of India must be well equipped to tackle these challenges. In other words, Indian media and entertainment legal challenges must be taken very seriously.

Areas like contract management and arbitration in media industry of India, technology and IPR issues associated with entertainment, advertising and media industry in India, etc also require special attention.

Perry4Law and PTLB believe that this research report would prove useful to media and entertainment industry of India.

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Techno Legal Initiatives Of Perry4Law And PTLB

Techno legal issues pose special challenges before all nations. This is so because these issues are complex combination of both technical and legal issues. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been spearheading many world renowned techno legal initiatives.

For instance, Perry4Law and PTLB are managing the exclusive techno legal centre of excellence for cyber forensics in India, centre of excellence on cyber security in India, virtual legal education campus in India and techno legal e-learning centre of PTLB, lifelong techno legal education in India, legal enablement of ICT systems in India, etc.

Similarly, on the education, trainings and skills development front as well Perry4Law and PTLB have been managing many initiatives. For instance, the exclusive techno legal e-learning in India is managed by PTLB whereas highly specialised and domain specific trainings and education is managed by Perry4Law techno Legal ICT Training Centre (PTLITC).

Perry4Law and PTLB are also managing the exclusive techno legal e-courts consultancy and training centre of India, online dispute resolution services in India, e-discovery services in India, e-commerce services in India, cyber forensics services in India, cyber security services in India, LPO and KPO services in India, etc.

We are also discussing important issues pertaining to international ICT policies and strategies. Similarly, techno legal issues are specifically discussed at PTLB blog. We hope these initiatives would prove useful to all stakeholders.

Source: ICTPS Blog

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Cyber Security Research And Development Centre Of India (CSRDCI) By PTLB

Research and development in any field requires dedicated efforts. At the national and international levels, it even requires political will on the part of respective nations. The research and development in the field of cyber security is one area that requires urgent national and international consensus and political will.Cyber security in India is one of the concepts whose time has arrived. India cannot afford to ignore the importance of cyber security for long. In fact, for long cyber security issues have been ignored by India.

At Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) we believe in the importance and utility of cyber security capabilities for India.

We have been spreading awareness about techno legal issues of cyber security in India for long. Now we have consolidated our initiatives and made them more effective and far reaching.

Some of our initiatives that are supplementing our cyber security initiatives are Legal Enablement of ICT Systems in India, Cyber Security Research Centre of India by PTLB, Techno Legal Centre of Excellence for Cyber Forensics in India, Virtual Legal Education Campus In India And Techno Legal E-Learning Centre Of PTLB, Lifelong Techno Legal Education By Perry4Law, etc.

The CSRCI is also managing the exclusive techno legal cyber security software repository of India. The software repository contains the best and world renowned open source cyber security software.

Perry4Law, PTLB and PTLITC have been using these softwares for their clients, partners and various projects. Further, we are also managing the exclusive techno legal cyber forensics software repository of India on similar lines.

We hope these rejuvenated and consolidated efforts of Perry4Law, PTLB and PTLITC would prove useful to all stakeholders.

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National Intelligence Grid (Natgrid) Project Of India

National Intelligence Grid (NATGRID) Project of India is one of the most ambitious Intelligence Gathering Project of India. It has been launched at a time when the Intelligence Infrastructure of India is in a bad shape.

The recent decision of a Government Panel rejecting the proposal to ban Encryption Service Providers like Blackberry, Gmail, Skype, etc has further made the task of Intelligence Agencies of India more tedious. Since the E-Surveillance option has gone now they have to acquire Techno Legal Intelligence Gathering Skills to deal with sophisticated and encrypted communications.

Meanwhile, the Cabinet Committee on Security (CCS) has also given only “Partial In Principle Approval” to NATGRID Project. Since NATGRID Project is not supported by any Legal Framework and Parliamentary Oversight, the “Crucial Stages” of NATGRID Project has not yet been approved by the CCS. Thus, NATGRID Project of India is still in troubled waters as lack of Privacy Laws and Data Protection Laws has put it in doldrums.

Meanwhile similar Security and E-Surveillance Projects have also been launched by Indian Government. These include Projects like Central Monitoring System of India (CMS), Centre for Communication Security Research and Monitoring (CCSRM), Aadhar Project of India, Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), etc. Once again, all these Projects are without any Legal Framework and Parliamentary Oversight.

To make the matter worst, the Law Enforcement Agencies and Intelligence Agencies of India are also practically not governed by any Legal Framework and Parliamentary Oversight. Whether it is Central Bureau of Investigation (CBI) or Intelligence Agencies of India, none of them are presently “Accountable” to Parliament of India.

It is only now that the Draft Central Bureau Of Investigation Act, 2010 and the Intelligence Services (Powers and Regulation) Bill, 2011 have been proposed. They have still to be made “Applicable Laws” in India by Parliament of India. In other words, there is no Legal Framework and Parliamentary Oversight for our Law Enforcement Agencies and Intelligence Agencies as on the date.

In this background, we have to “Proceed With” Projects like NATGRID, CCTNS, CMS, CCSRM, Aadhar Project of India, etc. As far as NATGRID Project is concerned, it is still not within the limits of “Constitutionality”.

NATGRID Project is an essential requirement for robust and effective Intelligence Agencies and Law Enforcement functions in India. The urgent requirement is to ensure that its “Abuses” can be anticipated, prevented and remedied. Further, Natgrid Project of India must also be supported by a Legal Framework and Parliamentary Oversight.

The aim of NATGRID is to ensure a readily available and real time information sharing platform between Intelligence Agencies, Law Enforcement Agencies, etc of India. Information gathering and its timely distribution is also an essential part of Cyber Crisis Management Plan of India. While the NATGRID system is a must for India, yet India has to make it sure that it is not abused for “Political Purposes” and in a manner that goes against the provisions of the Constitution of India.

The scope for misuse is tremendous as NATGRID is planning to link 21 categories of databases maintained by different public and private agencies for ready access by the country’s Intelligence Agencies. There must be “Mechanism” to ensure that this wonderful system may not be abused and nothing is better than Parliamentary Oversight.

Source: ICTPS Blog

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Critical Infrastructure Protection In India

Critical infrastructures like power utilities, transportation, banking systems, stock markets, medical institutions, etc are essential part of our day to day lives. There disruption for even few hours can cause great loss and discomfort. At times this may also result in casualties of human lives.

In these circumstances, critical infrastructure protection in India is needed. To achieve this we need a critical ICT infrastructure protection policy of India that must be formulated and implemented as soon as possible. Although a national critical information infrastructure protection centre (NCIPC) of India has been proposed by India yet no action has been taken in this regard so far.

It is high time that critical infrastructure protection (CIP) and homeland security (HS) in India must be taken seriously and effective steps in this direction must be taken.  The best way to achieve this is to formulate a suitable techno legal cyber security policy of India that must include CIP aspect as well.

Some areas that requires special attention in this regard are cyber security of Indian satellites and critical infrastructure, cyber espionage against India and its challenges, solutions and defences, cyber warfare against India and its defenses, cyber terrorism against India and its defences and solutions, etc.

Cyber security in India and its challenges and problems cannot be effectively managed till we have robust and techno legal cyber security capabilities in India. We need a skilled cyber security workforce in India that can tackle present as well as future cyber security challenges. Cyber security skills development in India must be ensured to meet this objective.

Perry4Law and Perry4Law Techno Legal Base (PTLB) recommend that Indian government must urgently formulate cyber security policy and critical infrastructure protection policy for India.

Source: PTLB Blog

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Use Of Technology To Fight Cross Border, Transnational And White Collor Crimes

Technology has increasingly being used to commit cross border, transnational and white collor crimes. As law enforcement technologies evolved even cyber criminals devised novel and undetectable methods to indulge in their nefarious activities.

Use of Hidden Internet for committing cross border, transnational and white collor crimes has increased a lot. Since the activities are not available and accessible to ordinary search engines and net surfers, the Hidden Internet has become a breeding ground for cyber criminals.

Now it has been proposed to use technology to fight drugs, human trafficking and illicit networks. Technology is also been used to prevent and tackle cyber crimes and cyber attacks. Now even Google and Interpol have decided to use technology to fight these crimes.

We at Perry4Law and PTLB welcome this move of Google and Interpol. We also believe that Hidden Internet would post tremendous challenges before Google and Interpol in their drive against white color crimes and transborder crimes. It would be a good idea to explore methods to take care of crimes originating at Hidden Internet as well.

Source: PTLB Blog

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