Our Centre has already covered the Cyber Crimes Trends In India 2012. In this post, we shall cover the Cyber Law Trends Of India 2012.
Prior to this, the cyber law trends of India 2011 were provided by Perry4Law and Perry4Law Techno Legal Base (PTLB). This trend covered many techno legal issues that are of tremendous importance to various stakeholders. However, it seems various stakeholders have still not taken issues like cyber law, cyber security, cyber due diligence, e-discovery, social media due diligence, etc seriously.
The year 2012 would be even more challenging for various stakeholders in India and world wide. This is more so for US based companies and websites that are increasingly involved in various conflict of laws issues with India. Some of the issues that may be challenging of various stakeholders in 2012 include legal issues of cyber security, privacy and data protection requirements, cloud computing security and privacy issues, e-surveillance and Internet censorship issues, cyber due diligence requirements, social media due diligence, data privacy laws, online IP violations including copyright violations issues, etc.
The cyber law due diligence in India struck the first blow in the year 2012. Companies like Google, Yahoo, Microsoft, Facebook, etc are already facing criminal prosecution under the cyber law of India and other criminal laws. So serious is the situation that the executives of parent companies of these companies have been summoned to personally appear before Indian court.
Further, online copyright violations by US websites are also testing the effectiveness of US laws vis-à-vis foreign IP rights enforcement. Many websites in US are talking advantage of the conflict of laws and hide behind US laws to escape copyright violation liabilities. In fact, the US copyright office is trying to streamline the Digital Millennium Copyright Act (DMCA) 1998 requirements pertaining to DMCA agents so that safe harbour protection cannot be misused by US based websites.
Perry4Law and PTLB believe that the year 2012 would bring many techno legal challenges in the fields like cyber law, cyber security, e-discovery, cyber law due diligence, online IP enforcements, etc. Further, new fields like e-legal due diligence and technological legal due diligence in India would also assume significance. It would be a good idea to formulate suitable policies in this regard by various stakeholders.
Source: PTLB Blog