Suggestions For Tackling The Menace Of Child Pornography In India

Praveen-DalalCyber crimes have significantly increased in India and they are perpetuated against various stakeholders. These include individuals, companies, Government departments and even children.  Although cyber crimes and cyber contraventions against children have increased many folds in India yet Indian Government has not come out with a concrete proposal to tackle this menace. However, a good step in this regard has already been taken by Indian Government by introducing stringent and punitive provisions in the Information Technology Act, 2000 (IT Act 2000) against those engaging in child pornography in various forms.  Unfortunately, the punitive effect of these provisions has been largely neutralised by none other than the Supreme Court of India as it has diluted cyber law due diligence (PDF) requirements to great extent. Now the Internet Intermediary Liability Law of India is in a really poor condition and neither the victim nor the public spirited individuals can contact the Internet Intermediaries and get the offending materials and child pornography related contents removed.

Indian Government is well aware and committed to the cause of school children and it believes that children must be suitably educated about issues like online dealing, cyber bullying, cyber harassment, inappropriate social media dealings, etc. A basic level cyber law education may also be made part of the schools curriculum by Indian Government very soon as cyber law education starts at the schooling stage. In the past, the CBSE has directed the schools to constitute an anti bullying committee to deal with harassment that school children faces in the contemporary cyberspace and Internet times. These issues were also part of the techno legal discussion that Perry4Law Organisation (P4LO) had with school children during the Jigyasa Career Mela organised by the Hans Raj Model School, New Delhi. Indian Government has also decided to launch Internet safety campaign in the past at various schools to spread cyber law and cyber security awareness among school children. Similarly, India Government has also declared that the Indian Cyber Crime Coordination Centre (IC4) would be set up to tackle all cyber crime including child pornography and online abuse.

Perry4Law Organisation (P4LO) welcomes these initiatives of Indian Government and its agencies/departments. At the same time, we firmly believe that child pornography is an area that requires special attention of Indian Government. As per the Cyber Law Trends of India 2013 (PDF) by Perry4Law Organisation (P4LO), child pornography in India has become a big nuisance. An Advisory (PDF) by Home Ministry of India on Preventing and Combating Cyber Crime against Children in India has also been issued realising the gravity of the situation. We also need a Techno Legal Framework so that child pornography can be curbed to the maximum possible extent in India.

India is also seeking international cooperation in this regard from Interpol. For instance, Interpol has already helped India in tracking child porn surfers. Now Central Government has decided to approach the Interpol once again to get the “worst-of” list of child pornography websites through the CBI, its nodal agency in the country. International cooperation is absolutely essential to deal with contemporary technology driven crimes like cyber crimes and cyber attacks. In most of the cases, jurisdictional issues are involved due to complicated conflict of laws in cyberspace and this necessitates international cooperation.  In many cases the servers of websites hosting child pornography contents are located outside the legal jurisdiction of India and in such situation international cooperation among law enforcement agencies becomes handy.

Perry4Law Organisation (P4LO) has been managing the Exclusive Techno Legal Centre of Excellence for Cyber Crimes Investigation in India (TLCOECCII) since 2012. The Centre is extending its techno legal expertise for techno legal fields like Cyber Law, Cyber Crimes, Cyber Forensics, E-Discovery, E-Courts, etc. We at TLCOECCII firmly believe that Indian Government needs to develop techno legal mechanisms to deal with the menace of child pornography, cyber crimes and cyber attacks. Nothing short of a techno legal mechanism can prevent and minimise the menace of child pornography and cyber attacks against India. For instance, absolute reliance upon website blocking to check child pornography or copyright violations is a wrong strategy as it would not provide long term solutions. Websites blocking laws and practices in India are yet to mature. The Supreme Court of India and Central Government are currently engaged in a dialogue to block child pornography websites in India with the help of Internet Intermediaries of India.  However, Internet Intermediaries are dragging their feet in this regard and so far the only exercise that has taken place is blame game and shifting of responsibilities from one stakeholder to another. So we have to think beyond website blocking at the first place.

We have managed many techno legal cases that involved not only different States of India but also different countries. For instance, many of our victims or/and clients were based in foreign countries like United States, United Kingdom, European Union, etc. Similarly, many of our Indian clients faced techno legal issues in foreign jurisdictions that are very difficult to manage from India.  We were required to go through the laws of different countries keeping in mind the conflict of laws or private international laws principles. To make the situation more complicated, technology issues were also involved where authorship attribution is very difficult to establish. We used multiple open source tools and software to get appropriate results but in many cyber crime cases we hit a wall with no further support or evidence from a foreign Internet Intermediary. This was the main reason why Perry4Law Organisation (P4LO) suggested that foreign technology companies must establish servers in India and must be made amenable to Indian laws. Many of our suggestions were subsequently accepted by Indian Government and TRAI but much is still to be taken care of. To fill this gap, we felt a great need to provide techno legal inputs and legal resources in these fields and therefore launched dedicated blogs like international legal issues of cyber security and international legal issues of cyber attacks in this regard.

With all our experience and dealings we can safely suggest that tackling of the menace of child pornography in India requires much more than mere website blocking by approaching the Supreme Court and Internet Intermediaries in India. We must also approach Foreign Governments in the most appropriate manner keeping in mind the laws of India and other countries. That is a tedious and cumbersome process and it requires tremendous techno legal expertise. Perry4Law Organisation (P4LO) is very optimistic that Indian Government would develop this techno legal expertise very soon.  We at Perry4Law Organisation (P4LO) and Exclusive Techno Legal Centre of Excellence for Cyber Crimes Investigation in India (TLCOECCII) would also love to extend our techno legal expertise to Indian Government in this field as and when needed. We wish Indian Government and its Agencies all the best in this regard.

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Mobile Application Would Help Victims Of Economic Frauds And Cyber Crimes To File Online FIR

Mobile Application Would Help Victims Of Economic Frauds And Cyber Crimes To File Online FIRDelhi Police has been trying to adopt Digital India in its true perspective. Previously it was reported that e-police station in Delhi would register online FIR for motor vehicle theft cases. Now it has been declared by Delhi Police that the mobile application named “Economic offence and Cyber crime App” would help victims of economic frauds and cyber crimes to file online FIR. This mobile application is expected to be launched by June. This is a significant step in the direction of fighting against crimes in Delhi.

Cyber crimes have significantly increased in India but their reporting is a big challenge. There are very few cyber crime cells or police stations in India and ordinary police stations are not well equipped and capable to deal with cyber crimes. It becomes a herculean task for the victim of a cyber crime to report the same and get the FIR registered. The proposed initiative of Delhi Police would make the task very convenient and simple for the cyber crime and economic offence victims in Delhi.

The application also has the feature to add documents and evidence supporting the allegations made by the complainant. It is imperative that a proper complaint must be lodged with the Delhi Police so that it can be effectively investigated by it. Screening of frivolous and irrelevant complaints would be a big challenge before the Delhi Police in this regard. Nevertheless, that is an essential exercise that must be done before the FIR is registered.

At Perry4Law Organisation (P4LO) we suggest that this need not be a full fledged investigation but the Delhi Police must be prima facie satisfied that a cognizable offence has been committed. Attaching relevant documents and evidence along with proper presentation of the complaint would tremendously help Delhi Police in early and effective disposal of various complaints in this regard.

The proposed system provides that the moment the investigating officer concerned verifies the documents and evidence, an FIR will automatically be registered and the complainant will get an alert on his/her mobile phone. The FIR will automatically get transferred to the concerned police station. This is a beautiful concept that deserves a dedicated and committed team of Delhi Police. Such team must be well aware of techno legal aspects of cyber law, cyber security, cyber forensics, etc.

The application will have a drop down menu, containing different options as per the nature of the offence. In the drop down menu, the user will have to choose one of the options, according to the offence committed against him/her. After selecting the option, the complainant will attach supporting documents. The complaint will either attach scanned copies of the documents or can only mention details of such documents with the complaint.

The second stage will be the scrutiny of complaints and related documents. There will be a set of questions for both the complainant and accused. Their responses will be verified by scrutiny officers. A final decision to register the FIR will be taken accordingly. While FIRs in economic offences involving amount exceeding Rs. 2 crore will be registered with the EOW, only after the approval of special CP (crime and EOW), other such FIRs will be registered and probed at local police stations.

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Do We Need A Stronger Cyber Law Due Diligence In India?- Online Petition And Survey By CCICI

Do We Need A Stronger Cyber Law Due Diligence In India- Online Petition And Survey By CCICIRecent judgment of Shreya Singhal v. Union of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) has covered Section 66A, Section 69A and Section 79 and the rules made thereunder. These sections and rules are incorporated in the Information Technology Act, 2000 (IT Act 2000) that is the cyber law of India.

This judgment has received both positive and negative feedbacks and we at Cyber Crimes Investigation Centre of India (CCICI) is analysing and interpreting this judgment in detail. We have started our analysis with the decision by Supreme Court via-a-vis Section 79 and Rule 3 of Information Technology (Intermediaries Guidelines) Rules, 2011 (PDF).

Few of our opinions, suggestions, interviews and inputs in this regard are:

(1) Supreme Court’s Judgment on Section 66A is a Big Blow for Cyber Law Due Diligence in India: Praveen Dalal

(2) Modi Government Must Urgently Bring Suitable Amendments in the IT Act 2000: Praveen Dalal

(3) Reading Down of Section 79(3) (b) and Rule 3(4) By Supreme Court in the Present Manner Is Counter Productive In Long Run: Praveen Dalal

(4) SC Has Killed Cyber Law Due Diligence in India to A Great Extent

(5) Supreme Court Erred In Reading Down Section 79(3) (b) and Rule 3(4): Praveen Dalal

(6) Reading Down Of Section 79(3) (b) And Rule 3(4) is More Problem than Solution: Praveen Dalal

CCICI believes that there is a greater need to discuss Internet Intermediary Liability and Cyber Law Due Diligence (PDF) Obligations in more detail. We have started this Online Petition and Survey so that various stakeholders can share their valuable opinions with us. We would share the valuable inputs of public with Indian Government, Parliament of India, Supreme Court of India / High Court(s), National Commission for Protection of Child Rights, National Commission for Women etc. It is imperative that interests of various segments are properly represented and reflected in any legislative process that Indian Government / Parliament may undertake in near future in this regard.

Please spare some of your precious time and provide us with your valuable opinions, inputs, suggestions, etc at the Online Petition and Survey Form provided below. Thanks for your valuable feedback(s) in advance.

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Reading Down Of Section 79(3)(b) And Rule 3(4) By Supreme Court In The Present Manner Is Counter Productive In Long Run: Praveen Dalal

Praveen Dalal-Managing Partner Of Perry4Law And CEO Of PTLBThe judgment of Shreya Singhal v. Union of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) has been delivered but its interpretation and consequences are yet to be analysed. The Cyber Crime Investigation Centre of India (CCICI) has been covering the problematic aspects of the judgment one by one. The same have been provided in the form of extended analysis of the tweets of Praveen Dalal at Twitter.

CCICI has already covered his opinions that say that Supreme Court’s Judgment on Section 66A is a big blow for Cyber Law Due Diligence in India and Modi Government must urgently bring suitable Amendments in the IT Act 2000. In this post CCICI is analysing another opinion of Praveen Dalal that maintains that reading down of Section 79(3) (b) by Supreme Court in the present manner is “Counter Productive” in long run.

A detailed analysis is not within the scope of this article and we are deliberately refraining from doing the same. However, if Narendra Modi government proposes an amendment in the Information Technology Act, 2000 (IT Act 2000) or if the Supreme Court reviews its judgment, we would be sharing our detailed analysis with them at appropriate stage.

Let us first analyse what the judgement has said about Section 79(3) (b) at para 117. It reads that Section 79(3) (b) has to be read down to mean that the intermediary upon receiving actual knowledge that a court order has been passed asking it to expeditiously remove or disable access to certain material must then fail to expeditiously remove or disable access to that material. This is for the reason that otherwise it would be very difficult for intermediaries like Google, Facebook etc. to act when millions of requests are made and the intermediary is then to judge as to which of such requests are legitimate and which are not. We have been informed that in other countries worldwide this view has gained acceptance, Argentina being in the forefront. Also, the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the subject matters laid down in Article 19(2). Unlawful acts beyond what is laid down in Article 19(2) obviously cannot form any part of Section 79. With these two caveats, we refrain from striking down Section 79(3) (b).

Similarly, at para 118 it has been mentioned that the knowledge spoken of in the Rule 3(4) of Information Technology (Intermediaries Guidelines) Rules, 2011 must only be through the medium of a court order. Subject to this, the Information Technology (Intermediaries Guidelines) Rules, 2011 are valid.

In short, the Supreme Court has held that Section 79 is valid subject to Section 79(3) (b) being read down to mean that an intermediary upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) are going to be committed then fails to expeditiously remove or disable access to such material. Similarly, the Information Technology “Intermediary Guidelines” Rules, 2011 are valid subject to Rule 3 sub-rule (4) being read down in the same manner as indicated in the judgment.

According to Praveen Dalal, Supreme Court committed number of mistakes in this regard. The first being removal of “Locus Standi” of “Victims or Affected Persons” to “Directly Approach” the Intermediary to get the objectionable contents removed. The Court has forced all the “Cyber Victims” to first go to the concerned Court and get a “Favourable Order”. If they are lucky enough to get the same after years of litigation, then they have to approach the Intermediary and only thereafter such objectionable contents can be removed. Even then it is up to the Intermediary to respect the order of the Court or to contest the same and go to appeal. You can understand the ordeal of the victim in these circumstances.

The second problem with this reading down approach of Supreme Court is that it would increase further load upon the Judiciary that is already overburdened and facing a mammoth backlog of cases, opines Praveen Dalal. Further, this reading down method of Supreme Court is also going contrary to the objectives of National Litigation Policy of India that intends to reduce litigations in India, informs Praveen Dalal.

Thirdly Supreme Court has unreasonably extended protection to Intermediaries like Google, Facebook, etc that are actively violating laws of India, informs Praveen Dalal. Social media websites and other Intermediaries must be made amenable to Indian laws rather than exempting them from the same. For instance, G-Mail must be blocked in India for both general and official purposes as it abets and encourages commission of cyber crimes in India. In fact, India government has already enforced a ban on private e-mail services for official communications. Foreign companies are taking advantage of conflict of laws in cyberspace and this is causing problems for Indian government. The present decision of Indian Supreme Court would further increase these problems, opines Praveen Dalal.

There are many more issues with the present reading down approach of Supreme Court that we would discuss if any review petition is filed or if the amendment exercise by Indian government is undertaken. The bottom line is that reading down of Section 79(3)(b) and Rule 3(4) by Supreme Court in the present manner is counter productive in long run and this situation must be redressed by Indian Government either through an Amendment or Validation Act, suggests Praveen Dalal.

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Modi Government Must Urgently Bring Suitable Amendments In The IT Act 2000: Praveen Dalal

Praveen Dalal-Managing Partner Of Perry4Law And CEO Of PTLBRecently the Supreme Court of India delivered a judgment for the case named Shreya Singhal v. Union Of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF). This is a significant case as it covers many crucial aspects of cyber law of India. However, the true impact and interpretation of this judgment is yet to evolve.

We have already covered one of the aspects of this judgment. According to Praveen Dalal Supreme Court’s judgment on Section 66A is a big blow for Cyber Law Due Diligence in India (PDF). This has happened as the Supreme Court has “read down” few sections and rules under the IT Act 2000 that would have serious repercussions in the near future.

According to Praveen Dalal, the Supreme Court’s intentions were good as it was saving the otherwise “Unconstitutional” sections and rules by reading them down and making them Constitutional. However, although the Court has saved these sections and rules from being declared Unconstitutional, it has also made their applicability in Indian context very complicated and against the interests of Indian Cyberspace, opines Praveen Dalal.

Both Congress and BJP governments are guilty of not fulfilling the roles assigned to them by the voters. Further, Indian Parliament has also become redundant these days as no effective laws are being passed by it for the past few years.  As a matter of fact it is doubtful whether we have separation of powers in India as on date.

According to Praveen Dalal, both Cyber and Telegraph Laws of India need urgent repeal as better laws must be formulated in their place. He also believes that India urgently needs a Techno Legal Framework to deal with Digital India and Cyberspace related issues. However, nothing has happened in this direction and this is a grave cause of concern as a “Dormant Parliament” is not a healthy sign for a country like India, opines Praveen Dalal.

Praveen Dalal has also suggested that after the Section 66A judgment, Narendra Modi government must bring urgent amendments to the Cyber Law of India. At a time when others are still interpreting and praising the judgment, he is the first one to provide critical inputs and suggestions regarding the judgment.

Both Congress and BJP governments have already tarnished their images and reputation by supporting Section 66A. Supreme Court of India must be congratulated for bringing order to the chaos created by our Executive and Parliament, opines Praveen Dalal. However, the “Rippling Effects” of Section 66A must be anticipated by Modi government in advance and its must start working on the “Appropriate Amendments” as soon as possible, says Praveen Dalal.

We at Centre of Excellence for Cyber Crimes Investigation in India (CCICI) hope that Modi government would consider these suggestions this time and act in the best possible interest of India setting aside its own biases and ideologies.

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Supreme Court’s Judgment On Section 66A Is A Big Blow For Cyber Law Due Diligence In India: Praveen Dalal

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBMany have rejoiced the recent judgment of Supreme Court of India titled Shreya Singhal v. Union Of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF). However, on a closer look it is clear that while solving the minor problem the Supreme Court of India has created a major problem for Indian citizens and its cyberspace.

Few tweets by Praveen Dalal are worth reading in this regard. He believes that striking down of Section 66A of IT Act 2000 means that Indian Cyber Law needs urgent Amendments as we are exploring Digital India as well.

To achieve the objectives of Digital India, we need a robust cyber security infrastructure. The starting point can be the formulation of cyber security policy of India 2015. Cyber security breach disclosure norms of India must also be formulated by Indian government for successful implementation of Digital India.

He also believes that reading down of Section 79(3) (b) by Supreme Court in the present manner is “Counter Productive” in long run. He also cautions that SC’s Judgment on Section 66A is a “Big Blow” for Cyber Law Due Diligence in India (PDF) and “reading down portions” must be challenged through a Review Petition.

Perry4Law Firm would come up with more detailed interpretation of this judgment in due course of time, if required. For the time being it is clear that not everything is right with the judgment of Supreme Court and Indian Cyber Law may witness many ups and downs after this judgment.

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Cyber Law Developments In India In 2014

Cyber Law Developments In India In 2014Cyber law of India can be found in the form of Information Technology Act, 2000 (IT Act 2000). IT Act 2000 also provides legal framework for e-commerce and e-governance in India. Cyber law related issues have become prominent in the recent years. The cyber law trends in India 2013 (PDF) and cyber law developments in India in 2014 are two prominent and authentic cyber law related research works provided by Perry4Law Organisation (P4LO) for the years 2013 and 2014.

According to the Indian cyber law roundup of 2014 provided by P4LO and Cyber Crimes Investigation Centre of India (CCICI), some serious cyber law related issues deserve immediate attention of Indian government.

These include a better cyber law and effective cyber crimes prevention strategy, cyber crimes investigation training requirements, formulation of dedicated encryption laws for India, legal adoption of cloud computing in India, formulation and implementation of e-mail policy of India, legal issues of online payments in India, legality of online gambling and online pharmacies in India, legality of Bitcoins in India, framework for websites blocking in India and regulation of mobile applications in India.

According to P4LO and CCICI, the cyber law trends in India 2015 could see an increased number of banking frauds in India. With the establishment of cyber law obligations upon directors of India and other key personnel and formulations of the Code of Bank’s Commitment to Customers by Banking Codes and Standards Board of India (BCSBI), the liability of banks for cyber thefts and cyber crimes would significantly increase in near future. Banks of India would be required to either keep inhouse dedicated team of cyber law experts or seek help of external experts in this regard.

Another cyber law trend in 2015 would be that insurance sector of India would witness increased transactions of cyber insurance in India due to growing cyber attacks and cyber crimes in India. However, techno legal requirements must be adhered to by all stakeholders in this regard.

We hope our readers would find this cyber law roundup, development and trends of India 2014 and 2015 useful.

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Former ADJ Alleges That Her E-Mail Account Has Been Cracked To Destroy Evidence

Former ADJ Alleges That Her E-Mail Account Has Been Cracked To Destroy EvidenceCyber crimes are increasing in India and we do not have a robust cyber law and cyber crime investigation infrastructure in India. Incidences like e-mail cracking, abuse at Facebook, misuse of G-mail id, intellectual property thefts, etc have significantly increased in India due to absence of a techno legal framework.

So far Indian government had failed to ensure both the modernisation of police force of India and formulation of regulations and guidelines for effective investigation of cyber crimes in India. Further, Indian government has yet to formulate a cyber crimes prevention strategy of India. Although the National Cyber Security Policy 2013 of India has been formulated yet it has not been implemented in India so far. As a result the cyber security in India is still in an abysmal state.

In another instance of cyber crime, a former additional district and sessions judge (ADJ), who after resigning had levelled sexual harassment charges against a Madhya Pradesh high court judge, on Monday told the Supreme Court that her email account had been cracked and all her communications with the High Court deleted.

The ADJ told the Supreme Court that on October 31, it was realised by the petitioner that her e-mail account had been cracked by someone, and all her emails were being filtered and were going to some other account. This included all emails pertaining to the above said account, and thus all her correspondence with lawyers, their guidance to her, her instructions to them, etc are being continuously monitored by someone.

Certain important emails pertaining to the matter at hand have been deleted permanently so as to deprive the petitioner to use them as evidence in her pursuit to justice. The modus operandi seems to be that a separate email account was created by the cracker and it was marked as the “primary account” in the settings of her Yahoo email account. Thereafter, all her mails were first going to the said account created by the cracker, and also, since the cracker had complete access to her Yahoo account, certain important emails were also deleted.

An FIR in this regard has been lodged at the cyber crime cell in Mandir Marg police station, New Delhi, on November 1 2014. However, the petitioner alleges that no attention was given to the importance of the issue and the importance of urgent and immediate action to recover the lost/deleted emails by the police.

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Cyber Crimes Investigation Training In India

Cyber Crimes Investigation Training In IndiaCyber crimes have significantly increased in India. The trends in this regard are not very promising. For instance, the cyber law (PDF), cyber security (PDF) and cyber forensics (PDF) trends in the year 2013 have showed poor performance of Indian government in these fields. This position has not changed in 2014 as well. For instance, the cyber forensics trends of India 2014  still show inability of India to deal with cyber forensics related issues. India is also clinging to outdated laws like cyber law and telegraph law and is not investing effectively in the field of intelligence agencies and law enforcement technology for India.

In the absence of scientific approach towards digital evidence and cyber crime investigation, there are very few cyber crimes convictions in India. In fact, the Supreme Court of India is hearing many Public Interest Litigations (PILs) in this regard. In one such PIL the Supreme Court of India has issued notice to centre to seek its views in this regard. The Supreme Court has sought response from the centre on a PIL seeking its direction to the government to frame regulations and guidelines for effective investigation of cyber crimes in India.

Realising the seriousness of the situation, Indian government has announced to formulate a cyber crimes prevention strategy of India. Cyber crimes investigation, however, requires sound techno legal expertise. Skills development through online training and skills development courses in urgently required for Indian law enforcement agencies. Cyber crimes investigation training in India is one such skills development activity that must be imparted to make law enforcement agencies of India modern and upto date.

Modernisation of police force of India requires not only basic knowledge of information and communication technology (ICT) but also practical trainings in the areas like cyber law, cyber crimes investigation, cyber forensics, etc. Cyber crimes investigation capabilities in India are not up to the standards. Presently, most of the police stations and police officers find it difficult to deal with cyber law and cyber crimes related cases. Another area where India needs to work is to strengthen the cyber forensics investigation capabilities. There is a dire need to develop cyber forensics best practices in India as soon as possible.

We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that law enforcement agencies of India need to develop good techno legal cyber skills to improve their investigative capabilities. Police must also ensure cyber law skills development. Similarly, police in India also need to undertake cyber frauds detection trainings so that cyber frauds can be anticipated even before they are committed.

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Intelligence Agencies And Law Enforcement Technology Forums In India

Intelligence Agencies And Law Enforcement Technology Forums In IndiaTechnologies regarding intelligence and law enforcement agencies are not very frequently discussed. Thus, they remain outside the mainstream media and very few works are available that inform about these technologies.

At Perry4Law Organisation we have been managing two discussion groups/forums. One is available at our own platform CECSRDI here and the other one is available as a LinkedIn Group here.

We have been discussing intelligence and law enforcement related technologies and projects like National Counter Terrorism Centre (NCTC) of India, Aadhaar Project of India, Crime and Criminal Tracking Network and Systems (CCTNS) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, National Intelligence Grid (Natgrid) Project of India, etc.

While implementing the intelligence and e-surveillance related projects, Indian government has failed to cater the constitutional requirements like Parliamentary oversight, privacy and civil liberties protections, balancing national security and civil liberties protection, etc.

Similarly, law enforcement and intelligence agencies of India are still not very comfortable with techno legal issues. For instance, cyber forensics is rarely applied by these agencies and our police are not well versed in cyber crime investigations. Modernisation of police force of India is urgently needed where police personnel must be trained in various techno legal issues.

Cyber security issues are also not managed properly by these agencies. Cyber security in India is not in a good shape as reflected by the cyber security trends of India 2013 (PDF). Critical infrastructure protection in India (PDF) is still not taken seriously by Indian government. It has been suggested that NTRO should protect the critical ICT infrastructures of India.

The National Cyber Security Policy of India 2013 (NCSP 2013) was drafted in the year 2013. However, NCSP 2013 itself is suffering from many serious drawbacks. These include lack of privacy protection, absence of integration with the National Security Policy of India, absence of civil liberties protection in cyberspace, absence of balance between civil liberties and national security requirements, non implementation of the policy, etc.

Indian government has also proposed setting up of National Cyber Coordination Centre (NCCC) of India in 2012. However, till 2014 it has not been established though some interest in this regard has been shown recently by the Narendra Modi government. This seems to be the continuance of Congress government’s commitment to expedite establishment of NCCC in India.

If you are interested in all these issues in general and intelligence agencies and law enforcement technology issues in particular, please visit the forums discussed above. You may also become a member of the LinkedIn forum of Perry4Law in this regard and keep yourself updated on all these issues.

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