Friday, November 26, 2010

Analysis Of National Food Security Bill 2010 By Praveen Dalal

In this “Guest Column”, Mr. Praveen Dalal, Advocate Supreme Court of India and Managing Partner of Techno Legal Law Firm Perry4Law, has provided a brief overview of the “Salient Features” of the National Food Security Bill 2010.

Right to Food is not expressly mentioned as a Fundamental Right under the Constitution of India (COI). However, it is “implicit” in Articles 21, 39(a) and 47 of the COI. In fact, the Supreme Court of India (SCI) is presently dealing with this issue in PUCL v. Union of India (Writ Petition (Civil) No. 196 of 2001). Though the judgement is still awaited, interim orders have been passed from time to time by SCI in this regard.

Meanwhile to give a “Statutory Recognition” to Right to Food as well as to meet the mandates of Articles 21, 39(a) and 47 of the COI, the Government of India (GOI) has drafted the National Food Security Bill 2010. The Bill, when converted into an Act, would apply to the whole of India unless the Central Government excludes its operations under the “Prescribed Rules”.

The “Salient Features” of the Bill are as follow:

(1) Assured Food Security To BPL Families: Every BPL Family would be entitled to 25 kg foodgrains such as rice and / or wheat at subsidised issue prices fixed from time to time. Depending upon the availability, additional allocations of foodgrains may also be made at prescribed prices.

(2) Targeted Public Distribution System (TPDS): Centre and States would jointly implement a TPDS to ensure Food Security for BPL Segment. The Centre would allocate the required quantity of foodgrains to States in this regard.

The State Government may, with its own budgetary allocation and independent of the TPDS, extend benefits of similar scheme to other families not covered by the Bill.

(3) Assignment Of Responsibilities: The State Governments may further assign, by notification, specific responsibilities for implementation of TPDS to the Panchayati Raj Institutions and Urban Local Bodies.

(4) Transparency And Accountability: The Central Government and State Governments shall take necessary steps within their respective areas of responsibility to ensure accountability and transparency in the PDS. All PDS-related records are to be placed in the public domain and open to public scrutiny.

(5) Allocation By Central Government: The Central Government is responsible for Procurement, Distribution and Transportation of Foodgrains to State Governments. In case of inability to do so, it must compensate State Government(s) “Monetarily” through Central Food Security Fund.

(6) Role Of State Governments: The State Governments must implement and monitor various schemes to ensure Food Security. Regarding TPDS the State Government(s) must “Coordinate” and “Manage” all issues pertaining to actual and effective providing of Foodgrains to BPL Families.

(7) Use Of Information And Communication Technology: To make TPDS operations transparent and efficient, State Governments shall introduce use of information and communication technologies (ICT) in all TPDS transactions.

(8) Food Security Allowance: The concerned State Government shall also be responsible for making payment of food security allowance to identified BPL families in case of failure to supply in any month the entitled quantities of foodgrains to such families. Each State/Union Territory shall set up a dedicated Food Security Allowance Fund for the purpose.

(9) Vigilance Committees: For ensuring transparency in functioning of TPDS and accountability of the functionaries, every State Government shall set up a Vigilance Committee for each fair price shop. The Committee would certify monthly regarding compliance of the scheme.

(10) Redressal of Grievances: State Government shall set up effective institutional mechanisms at various levels to resolve any grievances regarding the TPDS.

(11) Social Audits: Periodic social audits of functioning of fair prices shops/TPDS and OWS shall be conducted and reports of such social audit shall be placed in the public domain as prescribed in the Rules.

(12) Penalties for Non-Compliance: Subject to the provisions of section 20, whosoever contravenes the provisions of this Act shall be liable for penalties as provided under Section 7 of the Essential Commodities Act, 1955. Notwithstanding anything contained in any Act for the time being in force, offences relating to PDS shall be cognizable.

(13) Act to have Overriding Effect: The provisions of this Act or the Schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law.

Prima Facie the Bill seems to be a good step in the right direction. However, many crucial and complicated legal issues have yet to be resolved by the Bill. Issues like transparency, accountability, e-governance and use of ICT, dispute resolution mechanism, Centre-State Coordination, actions against corrupt practices, etc are still to be incorporated in proper perspective and in greater details.

However, this exercise is a welcome step and I wish all the best and great success to this initiative.

Wednesday, November 17, 2010

Digital Preservation In India Needs Reforms

Digital Preservation (DP) in India has not received the attention that it deserves. There is neither a regulatory framework for the same nor is it pursued with any seriousness under the national e-governance plan (NEGP) of the department of information technology (DIT), India. In the absence of ICT policy of India, digital preservation has still to cover a long gap.

The only solace is that a national digital preservation programme (NDPP) of India has been launched by Indian government. However, the NDPP seems to have stagnated with no development happening in this regard.

The DP initiatives of India are facing many road blocks that are preventing them from materialising in India. For instance, intellectual property rights (IPRs) are commonly found conflicting with DP initiatives. Further, with the rapid advancement of technology day by day, old applications and methods are becoming obsolete. We need to upgrade them from time to time. We also need to change form of various IPRs protected works from one form to another. This sometimes results in IPRs violations.

In short, IPRs issues in the digital era and cyber space are difficult to manage and we need both good policies and laws to manage the same effectively.

According to Praveen Dalal, advocate Supreme Court of India and leading cyber law expert of India, "DP issues would become more complicated with the enactment of laws like Digital Millennium Copyright Act, 1998 (DMCA). Efforts are in the pipeline for adoption of an efficient Digital Rights Management (DRM) system in India. This seems to be a step in the direction of protecting fast-growing Indian digital entertainment and media industry. However, in the absence of good ICT Policy and effective legal framework, these initiatives may not produce the desired results, suggests Dalal.

The stagnation of the NDPP cannot be removed till the government of India takes some active steps in the direction of utilising the services of experts who are familiar with this aspect. Till now no such serious efforts have been undertaken by Indian government.

DIT India Must Be Accountable To PMO

Ever since India has associated itself with information and communication technology (ICT), it has gained a lot in terms of reputation, money, projects, etc. However, India’s dominant position has almost slipped away from its hands thanks to the corruption, lack of accountability and absence of transparency in e-governance initiatives of India. India has become technologically bankrupt due to these factors.

The department of information technology of India (DIT India) has received vast amount of autonomy, finance and powers. However, it failed to bring home the much needed expertise, results and success. The chief reason for the same is that the prime minister’s office (PMO) does not care to look into the matters, policies and laws made by the DIT India.

No time in the past the prime minister of India Dr. Manmohan Singh took any preventive and stern action against the falling standards of DIT. Being the prime minister of India, it is his primary responsibility to ensure transparency and accountability in all departments or ministries.

Some serious issues that PMO must urgently address are:

(1) Formulation of effective and sound ICT Policy of India,

(2) Formulation of effective cyber laws of India,

(3) Ensure enactment of a lawful interception law in India,

(4) Ensure enactment of privacy laws and data protection in India,

(5) Ensure good and effective cyber security and cyber forensics capabilities, etc.

These are some of the ICT related issues that the PMO must urgently consider before it is too late. Further, although the PMO is busy in many others, perhaps more important tasks, yet the situation has become so alarming that if immediate steps are not taken, PMO may have to answer some bitter questions in future.

Cyber Law Of India Requires Amendments Says Praveen Dalal

Cyber law of India is governed by information technology act 2000 (IT Act 2000). It is good step in the right direction but with passage of time it has become redundant and burdensome. Although a chance was given to the department of information technology (DIT) India yet it failed to utilise the same.

According to Praveen Dalal, Supreme Court Advocate and leading Cyber Law Specialist of India, the information technology amendment act 2008 (IT Act 2008) further diluted the criminal sanctions against cyber criminals. By making many of the cyber crimes “bailable”, the amendments have diluted the deterrent effect of the cyber law of India.

While countries all over the world are strengthening their cyber laws, India on the other hand is going in the opposite direction. What is more surprising is how Law Ministry of India in general and Veerappa Moily in particular approved such a distorted and undesirable law. By approving these damaging amendments, Law Ministry has done more harm to the cyber infrastructure of India.

So what is the solution for this undesirable position? According to Praveen Dalal the only solution seems to make proper, contemporary and relevant amendment sin the IT Act, 2000 of India. Since it is the primary responsibility of the Legislative Department of Law Ministry to update laws, the initiative must start from their side, suggests Dalal.

Saturday, November 13, 2010

Google Is Playing Big Brother Role In India

Till now it is very clear that something is absolutely wrong at Google’s end. There has been growing incidences of Internet censorship in India by Google. The do not be evil policy of Google has long been considered to be unenforceable by Google. It is also a controversial policy and many people rightly and correctly consider the same to be just a slogan that is not actually acted upon by Google.

Google has been manipulating Internet search and news search by methods like declaring them “spam blogs”, removing appeared news and search results, preventing news items from appearing, allowing the search engine optimisation (SEO) people to manipulate Google’s results, etc.

Besides there are other act and omissions of Google that goes against the do not be evil policy. It seems Google is not very much interested in the privacy and anonymity of its users. Similarly, anti trust activities have also been attributed to it in the past. Google has also been sued all over the world for its data gathering activities that went far beyond wardriving.

In a trade off between civil liberties and commercial interest, Google has definitely chosen the latter. It is high time for Google to declare its priorities now so that Internet users can form a reasoned judgment before engaging with Google.

Our latest article that has been censored by Google news is titled e-governance and ICT utilisation in India. The winter session of the parliament of India is going on and it is very important to bring to its attention the policy lapses and corrupt practices adopted in India.

It is obvious that government of India would not be interested in bringing these facts before the parliament giving additional ammunition to the opposing party. However, what alliance and interest Google has in this scenario is still not understandable. Google please do not be evil.

Friday, November 12, 2010

India Is Not Digitally Sound

Although India may be providing many information and communication related (ICT) services yet when it comes to being an ICT superpower India stands nowhere. Whether it is the failed e-governance of India, ailing e-infrastructure, absence of ICT policy in India, absence of privacy and data protection laws in cyberspace, excessive e-surveillance in India without any lawful interception law in India, falling e-readiness rank and many more such issues, India has failed on all counts.

The problem with India, like Praveen Dalal says, is that India does not have an effective and nationally applicable ICT Policy. Further, the absence of such ICT policy and lack of control of prime minister’s office (PMO) of India over organisations like department of information technology (DIT) India is further increasing the woes of India.

On the legal and judicial side also there is not even a single e-court in India. Even there is no committee or group that is managing the e-court project currently. Further, India is also not famous for online dispute resolution (ODR) as it is still struggling to bring in order its outdated alternative dispute resolution (ADR) arbitration law. Obviously, there is a lack of good techno legal expertise in India to manage ambitious projects like e-courts and ODR. There is just a single e-courts and ODR training and consultation centre managed by techno legal law firm Perry4Law.

The truth is that digital issues like cyber law, cyber security, cyber forensics, digital preservation, lawful e-surveillance, etc are presently well beyond the capabilities of India. With a lack of political will and bureaucratic apathy, the scene may not change for the next five or ten years.

This technological bankruptcy of India can be removed only if the prime minister of India Dr. Manmohan Singh and his office exercises some sort of direct control over DIT, India. Further, there is also a pressing need to enter into good public private partnership (PPP) between the PMO and private players directly and over and above the DIT, India.

Thursday, November 11, 2010

PMO Must Take E-Governance Of India Seriously

E-governance in India is passing through a bad phase as the national e-governance plan (NEGP) has failed to make any substantial impact. As a natural result, the e-infrastructure in India has also failed to develop to its full potential. The fact is that despite all media glare, e-governance is India is badly ailing.

Indian e-governance initiatives are confused with excessive technology procurement as opposed to management of governmental functions. Computerisation of traditional governmental and public functions is not e-governance. We have to empower the citizens with the power of information and communication technology (ICT).

The citizens of India cannot be empowered till we make necessary ICT policy of India and dedicatedly pursue the same. The department of information technology (DIT) India has failed to do the needful in this regard. None of the mission mode projects mentioned in the NEGP have been successfully completed.

All the so called success stories of e-governance in India are on papers along with no real and effective benefits to the common man living at the grassroots level. Of course, successful e-governance projects like MCA21 are also there. Besides, there are some very selective projects as well that have benefited end users due to use of e-governance.

However, by and large e-governance has failed in India. The government of India is not willing to formulate suitable e-governance policies at the national level. Further, due to growing corruption and lack of transparency and accountability, e-governance funds are never utilised in real life.

Till the prime minister’s office (PMO) keeps its eyes closed towards the corruption and lack of accountability and transparency that is failing the e-governance initiatives of India, nothing is going to change. Is PMO listening or seeing or is it waiting for another financial scam?

Privacy Law in India: Need Of The Hour

Ministry Of Personnel, Public Grievances and Pensions (MPPGP) is managing many crucial socio-legal aspects in India. For instance, it is managing crucial issues like public grievances, personnel recruitment and training, transparency in governance, etc. In all these spheres it is playing a great and successful role.

The Ministry is also managing many crucial and far reaching legislations or proposed future legislations. For instance, the Right to Information Act, 2005 (RTI Act) is managed by the Ministry. Further, the Ministry has also proposed a law for the protection of whistleblowers in India. It is named as the Public lnterest Disclosure and Protection to Persons Making the Disclosure Bill. 2010. The Ministry has also set the ball rolling by bringing forward a “concept paper” on privacy laws and data protection issues in India.

However, the Ministry is not paying enough attention to one of the most important aspects of human life. It is not interested in bringing forward laws that can protect the dignity and safety of Indian citizens. For instance, it has not taken enough initiatives for enacting privacy laws in India and data protection laws in India. Privacy and data protection are very essential to maintain the dignity of any individual.

Similarly, the Ministry is not appreciating that corruption is eating Indian economy and there is an emergent need to protect few brave and honest disclosures by whistleblowers. By keeping in abeyance the whistleblower law for long, it is putting at risk such honest people.

It would be better if the MPPGP plays a pro active role in the directions of privacy protection and whistleblower protection as well. The overall performance of the Ministry is undermined by these two issues and issues similar to them.

Has E-Court Committee Of India Been Dissolved?

Use of information and communication technology (ICT) for judicial functioning in India has long become overdue. This does not mean that Indian courts have not witnessed any computerisation at all. They have definitely improved a lot on this front but they are far away from being called e-courts. As per the status report on the e-court mission mode project of India released in October 2010, we are still waiting for the establishment of first e-court of India.

An e-court committee was set up in December 2004 to assist the chief justice of India (CJI) in formulating a national policy on computerisation of Indian judiciary and advice on technological, communication and management-related changes. The tenure of the committee was initially set for one year and it was renewed from time to time till February 2010. There is no news of renewal of its tenure since February 2010 and it is safe to conclude that the Supreme Court e-court committee of India has been dissolved.

Meanwhile the national litigation policy of India (NLPI) was released in India. According to the NLPI, there will be an Empowered Committees to monitor the implementation of this Policy and accountability. Meanwhile, the Cabinet Committee on Economic Affairs approved an amount of 935 crore budget for implementing the e-courts project in the India.

However, even after almost two months not even the Empowered Committee has been constituted by the Department of Justice. The empowered committee will be responsible for providing strategic direction and guidance to the e-court project. In the absence of the empowered committee, the e-court project cannot start.

There is no shortage of financial resources and all it requires is a will to implement the e-court project of India. With a lack of techno legal expertise in this regard as well lack of ICT impetus in the NLPI, India may not see the first e-court for few more years. Law Minister Veerappa Moily must actively take part in this much needed judicial reform initiative that is going to die otherwise.

Tuesday, November 9, 2010

Aadhar And UIDAI Are Booty Sharing Methods

Unique identification project of India (UID project) or as popularly known as Aadhar project of India has never got a smooth sail. This is because of the controversial nature of the project as well as due to the arbitrary manner of its launch. Aadhar is managed by Nandan Nilekani led unique identification authority of India (UIDAI) that has no legal sanction. So much so that even after the proposed National Identification Authority of India Bill 2010 the project still is unconstitutional and illegal.

Surprisingly, till now the UID project has not shown any of the requisite parameters that allow it to receive huge public money that government of India is very willing to give charitably. In the absence of any transparency and accountability, the whole project seems to be “booty sharing” by big companies at the cost of public interest.

This is also evident the way finance ministry is allotting public money to UIDAI even in the absence of any legal framework. Further, the UIDAI is itself deviating from its adopted policies and guidelines. For instance, UIDAI is now backing away from its open technological standards and is indulging in the vendor lock-in tactics. The intention is to simply share the hard earned public money with few even when freely available software options are readily available.

The latest in the booty sharing episode is even more surprising. It has now come to light that the L-1 Identity Solutions, headquartered in Stamford, Connecticut, and another U.S.-headquartered company, lead two of the three vendor consortia, which have been “prequalified” by the UIDAI for the first phase of an effort to register Indian residents with a 12-digit unique number using biometric identifiers. It is ironical that the countries who discarded similar projects themselves are implementing the same in India.

No matter how much controversial the Aadhar project and UIDAI may get, we Indians have a habit of discussing the same and then forget about it. Indians wake up before it is too late or another multi billion rupees scam hits you.

Scrap All India Bar Examination (AIBE)

All India bar examination (AIBE) was imposed upon the fresh law graduates by pretending it to be a quality maintaining step. However, from the very beginning AIBE was neither a qualitative endeavour nor fair, transparent and sufficient enough to meet the international quality standards.

Despite this the bar council of India (BCI) adamantly pursued this initiative that ultimately proved a bane to fresh law students. However, what is more surprising is the fact that Supreme Court of India allowed the delaying tactics of BCI and perpetuated injustice to fresh law graduates by keeping them away from their legitimate and statutory right to practice in courts.

To make the matter worst, law ministry of India did not intervene in the matter. Although the law minister Veerappa Moily has been advocating many judicial and legal reforms yet it seems the law ministry itself needs some reforms.

The national litigation policy of India (NLPI) although mandates a speedy trial as well as prohibition against unnecessary litigation and case dragging yet both Supreme Court of India as well as law ministry were found flouting the NLPI themselves. Neither the Supreme Court nor law ministry took any stringent stand against this gross mismanagement and delaying tactics of BCI that has put law graduates in a real fix.

The least Supreme Court and law ministry can do to mitigate the plight of law graduates is to declare the AIBE illegal and redundant till BCI is well prepared and is capable of holding the same.

Monday, November 8, 2010

National E-Governance Plan Of India (NEGP)

Perry4Law and Perry4Law Techno Legal Base (PTLB) have been providing annual ICT Trends in India since 2006. According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of India, these trends prove that India has not paid enough attention towards formulating effective ICT Policy and sound e-governance strategy in India. Naturally, e-governance initiatives in India are failing. My friend Gunjan Singh has analysed the position in this regard in India in this article.

E-governance in India is ailing despite all glorious and false media propaganda. The chief parameter of the success of any e-governance plan is to analyse its e-infrastructure achievements. In India, e-infrastructure is in real mess.

Despite so many years and crores of public money, India has still to enact a versatile and robust ICT policy. In the absence of an ICT policy of India, the e-governance initiatives of India have failed to materialise.

It is in this background we have to analyse the role played by the department of information technology (DIT), India. Although DIT has formulated the national e-governance plan yet it would be more prudent to call it no e-governance plan of India (NEGP). This is because the common man and grass root level consumers have not been benefited at all by the e-governance initiatives of India.

Of course, we have some good achievements like MCA 21 as well. But by and larger, e-governance in India has failed to materialise. Corruption, lack of transparency and accountability, lack of time bound results, lack of progress analysis and punishments for deviations, etc are some of the reasons why we have no e-governance success in India.

It is highly unfortunate that the prime minister’s office (PMO) has no control over DIT in general and minister A. Raja in particular. The PMO could have played a better role by keeping a close vigil at the initiatives of DIT but it preferred to keep a mum and turn a blind eye towards all sorts of incompetencies, corruption and scams.

National E-Governance Plan Of India Has Failed

E-governance in India is ailing despite all glorious and false media propaganda. The chief parameter of the success of any e-governance plan is to analyse its e-infrastructure achievements. In India, e-infrastructure is in real mess.

Despite so many years and crores of public money, India has still to enact a versatile and robust ICT policy. In the absence of an ICT policy of India, the e-governance initiatives of India have failed to materialise.

It is in this background we have to analyse the role played by the department of information technology (DIT), India. Although DIT has formulated the national e-governance plan yet it would be more prudent to call it no e-governance plan of India (NEGP). This is because the common man and grass root level consumers have not been benefited at all by the e-governance initiatives of India.

Of course, we have some good achievements like MCA 21 as well. But by and larger, e-governance in India has failed to materialise. Corruption, lack of transparency and accountability, lack of time bound results, lack of progress analysis and punishments for deviations, etc are some of the reasons why we have no e-governance success in India.

It is highly unfortunate that the prime minister’s office (PMO) has no control over DIT in general and minister A. Raja in particular. The PMO could have played a better role by keeping a close vigil at the initiatives of DIT but it preferred to keep a mum and turn a blind eye towards all sorts of incompetencies, corruption and scams.

Saturday, November 6, 2010

Indian Cyberspace Is Vulnerable To Cyber Attacks

Cyber security and cyber forensics are two essential components of cyberspace. At the same time, cyber security and cyber forensics must be supplemented with strong cyber law. Unfortunately, India has none.

India has a weak and cyber criminal’s friendly cyber law legislation known as information technology act, 2000 (IT Act 2000). Though originally it was somewhat stringent yet with the passage of the information technology act 2008 (IT Act 2008) it has become an impotent and useless law in this regard. Now cyber criminals can commit almost any cyber crime in India and go free. This is so because the IT Act 2008 made almost all the cyber crime bailable.

As far as cyber security is concerned, Indian cyberspace has been continuously targeted by cyber criminals. The computer systems located at sensitive and strategic locations are frequently breached and compromised. Even the prime minister’s office (PMO) has been attacked and successfully compromised by cyber criminals. India urgently needs effective cyber security measures.

On the front of cyber forensics as well, India has performed poorly. There is an absence of cyber forensics capabilities in India. We have to depend upon foreign corporations and universities to do cyber forensics job for us. Even the police force in India is ignorant about cyber crimes and cyber forensics basics.

It is high time to make effective cyber law, ensure good cyber security and develop sufficient cyber forensics capabilities in India.

E-Governance In India Has Failed

E-governance is an effective tool for bringing transparency and productivity in governmental and private sector workings. However, implementing an e-governance strategy require good planning and effective implementation.

The success of any e-governance initiative can be measured by the e-infrastructure it has created. In India e-infrastructure is in a big mess. Take the example of e-courts in India. India is claiming to have established many e-courts all over India. However, there is not even a single e-court in India till now. The e-infrastructure woes of Indian judicial system are well known.

Further, India has still to enact a versatile and robust ICT policy. In the absence of an ICT policy in India, the e-governance initiatives of India have failed to materialise. Whether it is national e-governance plan (NEGP) or other schemes launched by the department of information technology (DIT) India, none of them have materialised so far. Whatever achievement in this regard has been obtained, the same is on papers alone.

Red tape and corruption are the main reason for the failure of e-governance in India. Also there is no transparency and accountability in India that results in wasting of crores of public money. The commonwealth game scam, 2G spectrum scam and many more unrevealed scams have happened and are presently happening in India.

Instead of bringing the culprits before justice, the Indian government is just portraying an India shining picture. The true face is, however, very gruesome and ugly that our prime minister has failed to see.

Friday, November 5, 2010

Natgrid Project Of India May Fail

National intelligence grid (Natgrid) project is both essential as well as controversial. It is essential as it safeguards the security of India. It is controversial because it does not provide adequate safeguards to prevent its abuse-Praveen Dalal


Natgrid project of India has been in limelight. It is a project launched by the home ministry of India. There is no doubt that home minister P. Chidambaram is blindly impressed by the US and UK security projects. He fails to understand that India has a different set up and Indian constitution must also be complied with to implement these projects.

In the past, the cabinet committee on security (CCS) of India asked P .Chidambaram to introduce further “Safeguards” before the Natgrid project can be launched in India. However, there are no such safeguards that have been kept at place by home ministry till November 2010.

According to Praveen Dalal, NATGRID Project cannot succeed in India till we meet certain challenges posed by it and ignored by the Home Ministry. Till now there is no public information about the Project, there is no website of the Project, status of its implementation is missing, etc, informs Dalal With this approach, NATGRID Project is heading towards the fate of failure as been received by the Aadhar Project and UIDAI, suggests Dalal.

It would be a good option if the cabinet committee on security (CCS) clarifies the stand on this project. Further, the CCS must also ensure that Chidambaram do not have a free run that is clearly violative of the provisions of Indian constitution.

Google Do Not Be Evil

In the past Google used to follow the policy do not be evil. However, things have drastically changed in the recent years, especially during the past year. There are many incidences where Google has done exactly the opposite of this policy. It is sad to observe that the priorities of Google have changed recently.

For one reason or other, Google is manipulating with the news search results and web search results. Previously, some of our news and search results at Google have been systematically removed from the news search and Google search. Similarly, Google also faced an anti trust lawsuit for similar reasons. It is clear that Google is either an accomplice or victim of search engine optimiasation (SEO) activities happening with its clear knowledge and support.

Google also does not respect the privacy and anonymity of Internet users too much. Google was also in news for acquiring data from wireless networks through measures that go well beyond mere wardriving.

The latest to add in this list is the active efforts of Google to improve the brand and image of Indian initiatives like UIDAI, e-governance, ICT policies, etc. For example, even if a news item pertaining to UIDAI, ICT policy, cyber law etc does appear at the top slot of Google’s news search by relevance, it does not find a place in the main web search showing latest news items link for similar topics. Surprisingly, news results of other following similar pattern are finding a mention there but not our news articles.

Google must be fair with its search results and algorithms and should not manipulate news search results and web search results simply to please any government, including Indian government. We understand that Google has to do a trade off between its own commercial interests and its users interests. But the same must not be detrimental to the Google users as is presently happening.

The present action of Google is a clear violation of civil liberties in general and right to speech and expression in particular. It has also marked a shift of Google’s policy from do not be evil to “protect your commercial interests first” policy.

Thursday, November 4, 2010

Modernisation Of Police Force In India Is Needed Says Praveen Dalal

Modernisation of police force in India is the need of the hour. Presently, Indian police force is functioning upon traditional models. As a result, many times the police face lots of difficulties in resolving technology assisted crimes like cyber crimes.

According to Praveen Dalal, managing partner of Perry4Law and leading techno-legal expert of India, modernisation is not just installing computers and other information and communication technology (ICT). According to Dalal modernisation means a complete overhaul of the legal framework as well as intelligence gathering techniques. Similarly, there is also an urgent need to establish a good legal framework for lawful interception in India, suggests Dalal.

As far as the legal framework is concerned, India is negligent in formulating good laws governing the law enforcement machinery. In the absence of good legislative provisions, the performance of police force cannot be expected to be good, legally sustainable and constitutionally sound, suggests Dalal.

It would also be imperative to mention the importance of suitable training to law enforcement manpower. The ambitious projects like Crime and Criminal Tracking Network & Systems (CCTNS), NATGRID, etc cannot survive in the long run in the absence of suitable policies, trainings and legal framework.

The Parliament of India would shortly start its winter session (November 2010) and we can expect some good legislative steps by it. A good law bringing transparency, accountability, flexibility and autonomy to police forces in India is the urgent need of the hour.

Wednesday, November 3, 2010

ICT Policy Of India Needs Rejuvenation

Information and communication (ICT) related policy matters are always ignored in India. Experts have been advocating for the rejuvenation of ICT polices and strategies in India. However, despite all glamour and big fuss, nothing concrete and substantial has been achieved in India. The fact is that e-infrastructure and e-governance in India are in really bad shape.

The role of Indian department of information technology (DIT) and Indian department of telecommunications (DOT) is far from satisfactory. Till now India does not have an “ICT Vision”. All Indian decisions regarding ICT are ignorant, half hearted, corruption laden, transparency lacking and retrograde in nature.

Whether it is lawmaking or policy formulation, ICT is an ignored field. Indian government is least bothered to rectify this position and Parliament of India seldom interferes in this process.

Further, in matters of cyber law, cyber security, cyber forensics, judicial training, law enforcement training, etc there is a complete failure in India. For instance, India has cyber criminal friendly and impotent cyber law, meager cyber security and cyber forensics capabilities, excessive e-surveillance, absence of privacy and data protection laws, rampant corruption, absence of transparency and many more vices.

We do not have an ICT Policy that can cater the requirements of these fields. All we have are thousands of unfulfilled promises by our ruling government where no action has been taken upon them since decades.

It is high time for the government of India to formulate and implement good, effective and transparent ICT policies and strategies in India. DIT and DOT must at least now play some pro active role in this regard.

Cyber Law Of India Needs Urgent Amendments Says Praveen Dalal

India’s sole cyber law was enacted in the year 2000 in the form of information technology act 2000 (IT Act 2000). The same was a good beginning and it was expected that the law would be upgraded and refined from time to time. However, till 2008 nothing positive happened. In fact, in year 2008 the information technology amendment act 2008 (IT Act 2008) was introduced and in 2009 it became an enforceable law.

This was the most retrograde and repressive step taken by India towards making it a safe heaven for cyber criminals, says Praveen Dalal. By making a dominant majority of cyber crimes “bailable”, India has made its cyberspace a safe heaven for cyber criminals, warns Dalal.

As a natural consequence, e-commerce and e-governance in India have been badly affected. E-infrastructure and e-governance are in doldrums, Internet banking risks are increasing unchecked in India, cyber crimes are increasing and so on.

So what is the solution for this mess created by Indian government? In the opinion of Praveen Dalal, the electronic economy of India is suffering badly due to weak and ineffective laws on the one hand and ill informed and defective ICT policies on the other hand. He maintains that India must concentrate upon enacting sufficient and effective cyber laws on the one hand and formulating and implementing an effective ICT Policy on the other hand. Further, there is an absolute requirement of formulating lawful electronic communications interception law in India as present framework is not constitutionally sound, suggests Dalal.

But these objectives seem to be too good to achieve considering the past experience of India. For instance, the IT Act 2008 made the cyber law of India impotent and weak under the pressure from industrial lobbying. Similarly, the way home ministry and department of information technology (DIT) or/and department of telecommunications (DOT) are becoming paranoid regarding e-surveillance, these objective seem to be a distant reality in India.

Tuesday, November 2, 2010

E-Governance And E-Infrastructure In India In Trouble

E-governance in India has been a big flop show despite various media reports. There are numerous reasons for the failure of e-governance in India. The chief among them are lack of insight among the policy makers, lack of management, lack of transparency, lack of accountability, absence of public participation, etc.

Naturally, there is almost no development on the front of e-infrastructure in India despite wasting thousand crores of public money. The only achievement in this regard is achieved on governmental and bureaucratic papers alone.

Take the example of e-courts in India. Till the month of November 2010 we do not have even a single e-court in India. Similarly, we do not have an online dispute resolution (ODR) model that can strengthen the dying arbitration system of India.

Take another example of the unique identification project of India or Aadhar project of India. The UID project /Aadhar project is neither supported by any legal framework nor it is technologically sound. Even there is no guarantee that Nandan Nilekani led unique identification authority of India (UIDAI) is capable of managing the cyber security and data security of the data and information collected by it.

Since 2006, the ICT trends in India have been showing the inadequacies of the ICT policies and strategies of Indian government. As per the ICT Trends of India 2009 provided by Perry4Law and Perry4Law Techno Legal Base (PTLB), Indian efforts for streamlining use of ICT have further degraded from 2008. The year 2009 saw some major ICT pitfalls and bad decisions were made by the Indian government. Overall the year 2009 can be said to be “Blunder ICT Year” of India that was really bad for "Human Rights" of Indian netizens.

Even on the front of modernisation of police force in India, there have been many lapses. On the front of Internet banking, Indian online banking infrastructure is at grave risks of cyber crimes. This is so because on the one hand the home ministry is imposing a foolish level of encryption use upon Indians whereas the department of information technology has already killed the cyber law of India. By making almost all the cyber crimes bailable, India has given a green signal to cyber criminals all over the world to exploit Indian cyberspace.

On whatever e-governance or e-infrastructure project we may look, we can only find dejection and failures. Corruption, lack of transparency and lack of accountability is killing all e-governance and e-infrastructure projects in India.

Monday, November 1, 2010

Lawful Interception Law In India

Lawful interception (LI) is obtaining communications network data pursuant to lawful authority for the purpose of analysis or evidence. If the data is not obtained in real-time, the activity is referred to as access to retained data (RD). LI is conducted in accordance with the local laws. Under some legal systems, LI requires following due process and receiving proper authorisation from competent authorities.

India does not have any legal and constitutionally valid lawful interception law for electronic communications. The sole cyber law of India is incorporated in the form of information technology act 2000 (IT Act 2000). The same was amended through information technology amendment act 2008 (IT Act 2008) and from here started the real problem.

According to Praveen Dalal, leading techno legal and cyber law expert of India, we need good and effective lawful interception policy in India. Presently, the IT Act 2000 carries the provisions regarding interception of electronic communications that are not “Constitutionally Sound” and fail to satisfy the “Due Process Requirements”. Even there are no legal and valid lawful interception Rules available under the IT Act 2000, informs Dalal.

The situation is further worsened by lack of privacy laws and data protection laws in India. India also does not have good encryption norms at place. Under the present cyber law and encryption norms, only the “outlaws” could exercise their civil liberties in Indian cyberspace.

Some good self defence measures to defeat illegal and unconstitutional e-surveillance and internet censorship by Indian government and its agencies have been provided by Praveen Dalal under the initiative titled Human Rights Protection in Indian Cyberspace (HRPIC).

For Blackberry users in India, a service provided by research in motion (RIM) company of Canada, users can have good and effective alternatives to Blackberry phones. With open source encryption software like PGP, services like Blackberry can be availed on any smart phone, informs Dalal. Fortunately, another good initiative in this regard has been launched in the form of RIM Check project. This project would analyse the data leaving Blackberry devices for e-surveillance and other civil liberty violations.

It is high time for Indian Parliament to enact good and effective laws regarding privacy protection, data protection, e-surveillance, lawful interception, etc. In the absence of the same, the only recourse available is to use lawful self defence against government and its agencies.