Saturday, May 2, 2009

E-Courts Have Absolutely Failed In India

Information and Communication Technology (ICT) has never been a priority of Indian Government. This is more so regarding legal enablement of ICT systems in India. The Government of India (GOI) was never serious about cyber law in India, cyber security in India, cyber forensics in India, etc. On the judicial side as well, there has been no efforts whatsoever in the direction of using ICT for streamlining judicial functioning in India. By and large, E-Courts in India are still missing in India despite the tall claims by GOI. Despite the involvement of GOI, Supreme Court of India, National Informatics Center (NIC), Ministry of Home Affairs, etc this Integrated MMP is a complete failure. Similarly on the front of cyber law, cyber security and cyber forensics as well India has failed miserably.

In fact, Perry4Law, the leading Techno-Legal Firm of India, has found that there has been no work or efforts in the direction of establishment of E-Courts in India. All that the GOI has done is the supplying of laptops to the members of Indian judiciary. According to Mr. Praveen Dalal, Managing Partner of Perry4Law and leading Techno-legal Experts of India, “There is a clear lack of insight as well as capabilities on the part of Indian Government and others managing the e-courts project in India. Repeatedly the GOI has declared that India has finally established e-courts. The fact remains that there are no e-courts in India and we are not even “close” to achieving that task. With this speed and expertise India needs at least 10 more years to effectively and actually implement e-courts projects in India”.

Interestingly, Perry4Law has already provided the First Update, Second Update, Third Update and Fourth Update regarding e-courts status in India. These updates very clearly show that for the time being, Indian e-courts project has stalled and no development and progress is happening in this regard. It seems we are heading towards another “yearly extension” as in the absence of any action in this regard that is the only natural outcome.



Best LPO And KPO Model For Clients In India

Cost reduction and efficiency are some of the reasons for outsourcing various kinds of services to India. These core attributes also apply to Legal Process Outsourcing (LPO) in India (LPO in India) and Knowledge Process Outsourcing (KPO) in India (KPO in India). While LPO in India is already established yet KPO in India has still to catch the rhythm. Further KPO in India requires a “Domain Specific Expertise” that has nothing to do with the size of an organisation. An organisation may be very big yet when it comes to executing domain specific tasks it may even does not exist.

This raises the natural question how to choose the most effective LPO or KPO for the concerned assignment? I think the answer is very obvious. The clients must choose that LPO or KPO which is most economical and efficient.

To be most economical the clients must “Directly” approach the concerned LPO or KPO providers. There is a trend in India where traditional outsourcing providers are trying their hands even at LPO and KPO. The hiring of few law graduates for this purpose can never meet the expertise required for an assignment. Similarly, if the work is forwarded by these outsourcing providers to actual LPO or KPO providers the costs are bound to increase. Thus, the first step for LPO and KPO clients is to approach the LPO and KPO directly.

The second step is to approach those LPO and KPO only who have the best expertise, not size, to executive the assignment. Perry4Law has recently received requests from many Multi National Companies (MNCs) dealing in Information and Communication Technology (ICT) related issues for “Training” their staff in Techno-Legal matters like Cyber law, Cyber Security, Cyber Forensics, Due Diligence, etc. This shows that the traditional model of outsourcing cannot be blindly applied to at least Techno-Legal KPO segment that requires tremendous domain specific expertise. The clients must first ascertain the capabilities and expertise of the concerned LPO or KPO provider before assigning domain specific assignments.

The third step for client is to ensure that they would get “Personalised” services from the concerned LPO or KPO provider. Personalisation not only improves the quality of the end result but also provides the most accurate and desirable results. The clients must insist upon a personalised service and avoid handing of their assignment by a bunch of fresh recruiters.

Perry4Law would come up with more suggestions and opinions for the clients seeking LPO and KPO services in India. Visit the Contact Point of Perry4Law for Professional Assistance.



Information Technology (Amendment) Act, 2008 Of India Has No Legal Applicability

Cyber Law in India is going through a bad phase. The proposed Information Technology Amendment Act 2008 has further complicated the scenario. The issues of cyber security and cyber forensics have also struck the final nail in the coffin. There is an emergent need to reformulate the Information Technology Act 2000 of India by introducing suitable and contemporary cyber law, cyber security and cyber forensics issues, says Mr. Praveen Dalal. Even the Government of India (GOI) seems to be in quandary over the proposed amendments and very soon the new Government may come up with a better draft of the amendments.

Recently there has been lot of confusion regarding the status of proposed Information Technology Amendment Act, 2008 (IT Amendment Act 2008). This confusion is required to be cleared. There is a need to clarify the stage at which a proposed legislation becomes applicable and comes into force. The proposed IT Amendment Act 2008 is still “NOT Applicable” and the previous Information Technology Act, 2000 (IT Act, 2000) is still applicable. There has been no change whatsoever that the proposed IT Amendment Act 2008 has made in the original IT Act, 2000. No new rights and liabilities are arising and can be claimed from the proposed IT Amendment Act 2008 and all rights and liabilities would be governed by the unamended IT Act, 2000 alone.

As per the governmental sources, the IT Act 2008 has not yet been notified. Section 1(2) of the IT Amendment Act 2008 mandates that the Act has to be notified by Central Government in Official Gazette to make it an enforceable law. Till the central government actually notifies the date, the IT Act 2008 would remain a paper work alone, says Mr. Praveen Dalal. There has been no sign of “Notification" of the same.

The misinformed information spreading these days should not confuse all those who are interested in the Indian cyber law. All that the Central Government has done is publication of the “fact” that the IT Act 2008 has received the “President’s assent”. It does not tell anything else. Those who are not familiar with the process of law making and its notification have been confused by this declaration and spreading rumours about its notification.

The cyber law observers must consult the only authentic source of information in this regard. If the IT Amebdment Act 2008 is made applicable, the same would be notified at the abovementioned techno-legal resource. It would be a good idea if the government openly declares that the IT Amendment Act 2008 has been withdrawn or would be reformulated by the Parliament of India in the next session.


Autoruns As Computer Forensics Utility

Perry4Law is providing “Cyber Forensics Tutorials” on a regular basis. The purpose of various initiatives of Perry4Law is to establish “Legal Enablement Of ICT Systems In India”. These initiatives also intend to strengthen the Cyber Law, Cyber Security and Cyber Forensics Capabilities of India. We hope all the readers would be benefited by these efforts of ours.

Of many tools that PTLB and PTLITC have tested, we found Autoruns as one of the best light weight tool for analysing a system in live environment. The best part is that it is freely available for download and uses that also with full functionality. In the cyber forensics world there has been a shift from dead analysis to real time analysis of a live system. Autoruns has a potential to analyse volatile data from a suspect computer. Besides it can also be used to secure a computer by tracing and eliminating suspicious activities and programs.


Future Of ICT KPO in India

The future of any organisation depends upon its capable workforce and to retain such workforce one has to spend a considerable amount of investment. This expenditure may at times increase the cost of production or functioning of the organisation. The organisations use many types of cost management and cost reduction techniques to keep their expenses minimum. This practice also applies to the legal industry.

The legal practice is very lucrative and remunerative in developed countries like US, UK, EU, etc. There the cost of retaining even the entry level employees is very high. Many well known law firms of these developed countries outsource their back office and clerical work to Indian Legal Process Outsourcing (LPO) firms and companies in India.

According to Mr. Praveen Dalal, the Managing Partner of Internationally renowned LPO and Techno-Legal KPO Perry4Law, “LPO in India is attracting lot of foreign firms and companies to outsource their legal works to India. During the last month alone, Perry4Law received various requests regarding partnerships, LPO assignments, empanelment requests, etc. We are hopeful for even a larger services contribution when the Knowledge Process Outsourcing (KPO) industry in India would emerge and mature as Perry4Law is World renowned for it Techno-Legal KPO services”.

Clearly, there is a difference between the current LPO assignments and future KPO assignments as the latter requires “domain specific expertise” that very few firms actually possess in India. Similarly, the market for information and communication technology (ICT) related LPO and KPO services in India is still emerging and more is expected from market leader like Perry4Law in this regard.

LPO and KPO assignments are also liable to be increased due to episodes like global financial meltdown that is currently happening in US. More and more corporate houses and investment banks from the US are looking towards Indian LPO for legal advice. In the present globalised world, India is surely heading towards a great start.


Perry4Law is a World renowned name in the Techno-Legal Field. It has domain specific expertise in the fields like Cyber Forensics, Cyber Security, E-Governance, E-Commerce, Cyber Law, Corporate Due Diligence, Corporate Laws, Criminal Laws, Taxation Laws, International Law, Private International Law, Space Laws, Laws For Defense Forces, International Trade, Intellectual Property Rights, etc.

Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India that is also managing PTLB, PTLITC and other Premier ICT and Cyber Security Initiative of India. Perry4Law provides Techno-Legal Services for: (1) Litigation support, (2) Consultancy support, (3) Arbitration and Mediation including ODR in India, (4) LPO in India, Legal BPO/Legal KPO in India, (5) Para Legal Services etc.

Visit the Contact Point of Perry4Law for Professional Assistance.


Data Security Problems In India Getting Chronic

Cyber Law in India is in bad shape and so are cyber security and cyber forensics in India. The problem lies with the fact that India does not have “Legal Enablement of ICT System in India”. The Information Technology Act, 2000 (IT Act, 2000) is the sole cyber law of India that is not at all addressing the requirements of cyber law, cyber security, cyber forensics, data security, data protection, etc in India.

The Government of India (GOI) was lethargic enough to not to touch the IT Act, 2000 for full 8 years. Even after proposing the amendments to the IT Act, 2000 the GOI further weakened and destablised it. Fortunately, the proposed Information Technology Amendment Act, 2008 (IT Amendment Act 2008) seems to be stalled as it has not yet been “Notified” even after a lapse of more than four months of passing the same. The legal position in this regard is that IT Act, 2000 is still “Unamended” and the proposed IT Amendment Act, 2008 has no “legal significance”.

Other allied problems pertain to Data Protection Law in India, Data Security Problems in India, etc. Data breaches and cyber crimes in India cannot be reduced till we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger.

The GOI is also clueless about data security and cyber security. The notion of data security and cyber security is presently revolving around an insignificant and almost unrelated aspect of encryption level, which the GOI can neither control nor should it endeavour to do so. There is no reasonable and fair law in the World that can force the netizens to adopt a particular “Standard” of online communication and dealing. The GOI is killing whatever cyber security measures that netizens adopt and apply themselves by formulating rules and regulations in an ignorant manner and without understanding the technology and its applications. In short, the GOI is trying to beat the wind by a stick says Mr. Praveen Dalal.

The first step that the GOI must take is to get help of knowledgeable experts of techno-legal field who can in fact contribute for strong and effective legal enablement of ICT systems in India. India cannot do much with industry inputs and government expertise as they have failed India so far.


Cyber Law And Cyber Security In India

The elections fever is gripping India but there seems to be no efforts regarding streamlining legal enablement of ICT systems in India. Cyber law in India is weak, cyber security missing and cyber forensics capabilities non-existent.

The Parliament of India passed the Information Technology Amendment Bill, 2008 (Bill 2008) without any debate or discussion. All laws, including the Bill, 2008, are prima facie unconstitutional but neither our Judiciary nor the President of India found any problems with that. The Bill 2008 got President’s approval on 5th February, 2009 without the President even thinking once about its ill effects. Except Mr. Praveen Dalal none seems to have protested about this situation. Fortunately, as a result of this the proposed Bill 2008 seems to have been definitely “withdrawn”.

Even judges of Indian Supreme Court have shown their dissatisfaction with the existing cyber law of India. All these developments have even forced the officers of the government of India to admit that the Bill 2008 requires further refinement and strength. IT Secretary Jainder Singh had declared that the ministry would shortly come up with fresh regulations to be added to Bill 2008 as there was criticism that the bill takes little care of the identified issues.

Similarly, cyber security in India and cyber forensics in India are also missing. The government must not only enact a sound cyber law but also establish cyber security and cyber forensics capabilities. The government must also train judiciary, lawyers, police officers, intelligence agencies, etc in this regard. It is high time that India must do something regarding these aspects.


Political Agendas, Lies And Gullible Indians

Indian elections drama is once again unfolding. Political parties are covering all the aspects of economic development as well as launch pads of political mileage. What is surprising is that the issues covered by these agendas and manifestos are so broad and important that no political party of India can give effect to them at all. All of us are aware that not even 10% of these promises would see the light of the day. Still Indian population is gullible in nature and we would give our future in the hands of those who least care for us for another 5 years. The fact remains that neither BJP nor Congress can move away from their traditional political promises as they have been used time and again to fool Indians. I would not go into the details of all the promises, agendas and manifestos but would confine myself to those issues that cover Information and Communication Technology (ICT).

While BJP has come up with an IT Agenda, Congress seems to be indifferent towards ICT once again. The truth of these agendas and manifestos cannot be ascertained till we are made fool once again by a collation government. However, there are some very absurd events taking place in India in the meanwhile.

Firstly, the Parliament of India passed the Information Technology Amendment Bill, 2008 (Bill 2008) without any debate or discussion. All laws, including the Bill, 2008, are prima facie unconstitutional but neither our Judiciary nor the President of India found any problems with that. The Bill 2008 got President’s approval on 5th February, 2009 without the President even thinking once about its ill effects. Except Mr. Praveen Dalal none seems to have protested about this situation. Fortunately, as a result of this the proposed Bill 2008 seems to have been “withdrawn”.

Secondly, ICT must be used as a tool of development rather than as a means of harassment. Excessive and illegal e-surveillance eliminates the chances of effective use of ICT on the one hand and operates as an opponent of e-governance on the other. E-governance presupposes a free, fair and transparent public dealing in the cyberspace. Of late India has been treading on the wrong path of becoming an excessive surveillance State rather being a technology knowledge driven society. The recent example of mandating the e-mail companies to maintain their e-mail servers in India is a very novice decision. It only shows the ignorance about cyber security and ICT management issues in India. It is not clear whether Congress led government has come up with this idea or it is a work of government departments like Department of Information Technology (DIT) or Department of Telecommunications (DOT). Whoever has suggested this idea has no knowledge how Internet works and cyber security is ensured.

India needs good legal framework for technology, sound cyber security and effective cyber forensics expertise. The fill in gaps actions would only ridicule India in front of the entire world. It would be better if India come up with good ICT strategies and policies that are not only sensible but also possible to be implemented.



Cyber Security In India

Indian government is stubborn and non-citizen centric when it comes implementing valuable public suggestions and inputs. However, exceptions are found everywhere. The public initiatives by Perry4Law like legal enablement of ICT systems in India and working group on cyber law in India are proving decisive for formulating Indian cyber law and cyber security policies and strategies. The Department of Information Technology (DIT) has been following many crucial suggestions of Mr. Praveen Dalal and implementing them one by one. What is disturbing is that they have not acknowledged his valuable contributions in this regard. It would not be surprising if his suggestions are incorporated unacknowledged as ICT Policies and Strategies of India.

As an individual I had very less faith in the fact that government of India (GOI) listens to public suggestions and inputs. However, the recent activities in the governmental corridors have surprised me. It seems the wakes up calls are working for India. I also observed that public initiatives like legal enablement of ICT systems in India and working group on cyber law in India have a great tendency and potential to influence the minds of even the most stubborn people in the government circles.

Some of the recent developments reaffirm this stand of mine. The Department of Information Technology (DIT) has been following many crucial suggestions of Mr. Praveen Dalal and implementing them one by one.

Firstly, DIT talked about enhanced encryption use that would not only strengthen public trust in online transactions but also would prevent unauthorised e-surveillance by the State. However, there would be an inevitable conflict of interests and opinion between DIT and Department of Telecommunications (DOT) in this regard. This is so because DOT has not been uniform in its stand against encryption standards in the Blackberry services in India. The security agencies of India are insisting upon weak encryption standards in India so that they can monitor the electronic communications of Indian citizens.

Secondly, the data security and data protection issues have also forced the DIT to propose forming an IT Regulatory Body which will monitor the security and privacy aspects of IT and BPO companies. This is again an acceptance of the public demands for a strong data protection law in India.

Thirdly, the cyber crimes and cyber terrorism are increasing at a rapid rate in India. In all terrorists attacks the terrorists used Information and Communication Technology (ICT) to strengthen their attack. There was a growing stress upon a good Crisis Management Plan as well as a sound Critical Infrastructure Protection Policy in India. These suggestions have once again been accepted by government departments.

It would not be surprising if the suggestions of Mr. Praveen Dalal are incorporated as ICT Policies and Strategies of India. Though I really appreciate the steps taken by various government departments yet I am also little bit skeptical about the existence of techno-legal expertise in these departments. It would be a good idea to seek help of good experts in this regard who can in fact execute these ambitious plans.