Tuesday, December 31, 2013

Cyber Trends By Perry4Law And PTLB

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been providing trends in the fields of information and communication technology (ICT) for long. These include trends pertaining to cyber law, cyber security, cyber forensics, etc.

Perry4Law and PTLB have discussed the Cyber Law Trends and Developments of India 2013 (PDF), Cyber Security Trends and Developments in India 2013 (PDF) and Cyber Forensics Trends and Developments in India 2013 (PDF) so far. There may be other trends in pipeline as well.

For detailed analysis, the readers may see the cyber law, cyber security and cyber forensics trends. 

Friday, December 27, 2013

Bitcoins Websites In India Under Regulatory Scanner

Recently the Reserve Bank of India (RBI) cautioned users of virtual currencies against various risks. These include legal risks as well. RBI has not said anything new and it has just reiterated what many legal experts have been saying for long.

Further, although many Bitcoins websites in India have been either suspended or closed down yet the civil and criminal liabilities have already accrued. This means that all these Bitcoins websites owners can be prosecuted for violation of Indian laws even if the websites have been shut down.

In fact the enforcement directorate has already conducted searches against Seven Digital Cash LLP and its Bitcoin website – www.buysellbitco.in. This means Seven Digital Cash LLP is now facing legal risks for dealing in Bitcoins in India. Not only Seven Digital Cash LLP but all other Bitcoins websites are equally under a very probable legal risk to get their accounts and business scrutinised by law enforcement agencies of India.

This situation has arisen because of the legal mistakes committed b y these websites. These Bitcoin websites must have followed the cyber law due diligence requirements and Internet intermediary guidelines. However, they have failed to do so and now they are facing a situation where serious criminal charged can be leveled against them.


Thursday, December 26, 2013

Seven Digital Cash LLP Facing Legal Risks For Dealing In Bitcoins In India

E-commerce websites in India are required to comply with many laws in India. However, most of the e-commerce websites are simply opened with great disregard to the Indian laws. As a result sooner or later they find themselves on the wrong side of the law. E-commerce websites frauds, crimes and offences have significantly increased in India and there is an urgent need to regulate them.

One such area that is grossly unregulated pertains to dealings in Bitcoins in India. Although it being too risky to deal in Bitcoins in India without complying with Indian laws yet many people and websites kept on dealing in the same. But the Reserve Bank of India (RBI) and Indian government were slow in reacting to the issue. Meanwhile, Bitcoins frauds and crimes were increasing world over, including in India.

Realising the gravity of the situation, the RBI cautioned users of virtual currencies against various risks. These include legal risks as well. With the present advisory, the websites and individuals dealing in Bitcoins in any manner whatsoever must comply with the techno legal requirements of Indian laws. Otherwise, they may find themselves in big trouble.

Many people and companies were dealing in Bitcoins in India with great disregard to the cyber law due diligence requirements and in active violation of the Internet intermediary liability rules framed under the Information Technology Act, 2000. The money laundering and foreign exchange laws of India were also not analysed before opening such Bitcoins websites.

In the first possible prosecution of individuals/company engaged in dealing in Bitcoins, searches were conducted on Seven Digital Cash LLP which owns a Bitcoin website – www.buysellbitco.in based in Ahmedabad. “We have conducted searches at 2-3 locations of Seven Digital Cash LLP and its website. The company was involved in buying and selling of Bitcoins in India, operating from Ahmedabad,” an ED official confirmed. The website www.buysellbitco.in has stopped operating online soon after the searches.

Although the website has stopped operating after the search, this would not absolve the people behind he website from civil and criminal liabilities for violation of any Indian law. This incidence is also an eye opener for other Bitcoins websites operating in India to fall in line with Indian laws. Otherwise, they may be prosecuted in the near future.

Tuesday, December 24, 2013

Bitcoin Users In India Vulnerable To Legal Actions: RBI

Reserve Bank of India (RBI) has reiterated what was explicit and was expected. Through a public advisory RBI declared that use of Bitcoins in India is legally risky. The advisory of RBI is in conformity with the views expressed by Perry4Law so far.

By taking this stand RBI has also clarified that use of Bitcoins in India must be in compliance with Indian laws. Otherwise, civil and criminal prosecutions can be initiated against the users of Bitcoins in India.

The legality of Bitcoins in India was never guaranteed. However, in order to jump upon the wagon band of Bitcoins, many Bitcoins entrepreneurs and stakeholders are openly violating the laws of India, especially the cyber law of India.

Techno legal experts have been maintaining that it is legally wrong to assume that dealings in Bitcoins in India if strictly legal as individuals and companies have to take care of the cyber law due diligence and Internet intermediary rules compliances. For instance, a platform selling and purchasing or trading in Bitcoins must not only comply with the provisions of Information Technology Act, 2000 but also with laws applicable to online trading and income tax.

With the present advisory, the websites and individuals dealing in Bitcoins in any manner whatsoever must comply with the techno legal requirements of Indian laws. Otherwise, they may find themselves in big trouble.

Cyber Frauds Due Diligence In Indian Companies Is Missing

The corporate environment is changing in India at a rapid rate. The Indian Companies Act, 2013 (PDF) has played a major role in the corporate environment of India. The Act has put a special emphasis on frauds investigation and sound corporate governance. The Serious Frauds Investigation Office (SFIO) has been entrusted with a greater responsibility to avoid commission of serious frauds by companies in India.

IT and cyber frauds in Indian companies are increasing. By their very nature these high profile crimes affect corporate sector. Indian companies are also facing increased corporate frauds, financial frauds, white color crimes and technological frauds. In order to prevent black money from being accumulated offshore, the Indian government has proposed establishment of Income Tax Overseas Units (ITOUs) of India in foreign countries.

As far as international aspects of cyber crimes are concerned, India has entered into mutual legal assistance treaties (MLAT) with many countries around the world. An Indo-American alert, watch and warn network for real time information sharing in cyber crime cases has also been established.

As per the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011, an Indian company providing technology and online services in India is an intermediary and it is required to follow cyber law due diligence to escape Internet intermediary liability in India. So if cyber crimes are committed using its network or infrastructure then such company is required to observe cyber law due diligence to escape Internet intermediary liability.

According to Perry4Law, the leading techno legal law firm of Asia, corporate frauds, financial frauds and cyber crimes are still on rise in India. Companies in India are not at all following cyber law due diligence requirements and this has resulted in increased cyber crimes and online frauds in India. These irregularities and crimes can be easily detected if an e-discovery exercise is undertaken by law enforcement agencies of India.

However, Indian companies, especially the telecom companies, are openly violating the laws of India. For instance, Tata Teleservices Limited (TTL) and Airtel are violating Indian cyber law that also to the full knowledge of department of telecommunication. Such violations must be stringently taken by Indian government and its departments.

In their own interest, Indian companies must observe cyber law due diligence so that cyber crimes and frauds can not only be prevented but they can also be successfully prosecuted.

Friday, December 13, 2013

Airtel And Tata Teleservices In Cyber Law Violation Controversy

Indian telecom companies like Airtel and Tata are flouting cyber law of India and that too within the knowledge of the Department of Telecommunication (DoT). It has been reported that both Tata and Airtel have violated the provisions of Information Technology Act, 2000 and the Internet intermediary rules.

The disclosure was initially made at the Cyber Crime Investigation Centre of India managed by Perry4Law’s Techno Legal Base (PTLB). According to Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of Asia, both Tata Teleservices Limited (TTL) and Airtel have failed to comply with Cyber Law Due Diligence Requirements as prescribed by the Information Technology Act, 2000.

TTL and Airtel have also violated the provisions of Information Technology (Intermediaries Guidelines) Rules, 2011 of India under Information Technology Act 2000 (PDF), informs Dalal.

This makes both the telecom companies TTL and Airtel as well as the officers in default to be prosecuted under the provisions of IT Act, 2000. Section 85(1) of the IT Act 2000 provides that where a person committing a contravention of any of the provisions of the IT Act 2000 or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub- section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. However, since both Airtel and TTL have duly informed as per Indian laws and they have failed to observe cyber law due diligence, they have no protection under the proviso.

Further, Section 85(2) of the IT Act, 2000 provides that notwithstanding anything contained in sub- section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

Now since the Department of Information Technology (DIT), Department of Telecommunication (Dot) and Telecom Regulatory Authority of India (TRAI) are well aware of these negative developments on the part of TTL and Airtel, they must take suitable actions against the guilty companies and the officers in default.

Thursday, December 12, 2013

Tata Teleservices Limited (TTL) And Airtel Are Violating Indian Cyber Law

Tata Teleservices Limited (TTL) and Airtel are violating IT Act 2000 and complaints have been filed against them at Department of Telecommunication (DoT) and Telecom Regulatory Authority of India (TRAI).  Both Tata Teleservices Limited (TTL) and Airtel have failed to observe cyber law due diligence as required by the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 (PDF).

As per the provisions of the Information Technology Act, 2000 both these companies and the defaulting officials are liable to be prosecuted. Even their telecom licences under the regulations of DoT can be suspended/cancelled and fine be imposed by DoT for these violations.

Once the matter has been brought to the notice of DoT and regulatory authorities like TRAI, even they are under an obligation to investigate the issue on their own. They must ascertain how much the telecom companies like TTL and Airtel are following Indian laws and the conditions of their licences.

However, DoT has taken a very soft stand against these big telecom companies so far. As a result these companies are taking Indian laws for granted as they are well aware that DoT would not touch them easily.

In 2007, DoT had found involvement of Vodafone, Airtel and Idea in a case where the three had sold bulk connections to third parties who in turn were selling those SIM to retail subscribers and in the process flouted certain rules. DoT is also learnt to be in process of issuing fresh show cause notice to these companies. DoT must also issue show cause notices to TTL and Airtel for violating the provisions of IT Act 2000 and not complying with the same in true letter and spirit.

Thursday, December 5, 2013

Bitcoins And Indian Approach

Bitcoin is a digital currency that is making rounds these days. However, with its growing popularity, Bitcoins frauds and crimes are also increasing world over. Cyber criminals and crackers have started exploiting software and the platforms using Bitcoins. In one such incidence Sheep Marketplace, the descendant of Silk Road, has been compromised and 5,400 Bitcoins (worth about $5.6 million) have been stolen.

Previously E-Sports Entertainment LLC (ESEA) entered into a consent judgment for creating ESEA Botnet to facilitate mining of Bitcoins at the expense of user’s computing resources.

Bitcoins have been banned in Thailand and may be illegal in India as well unless laws are followed by those engaged in using Bitcoins in India. India cannot remain indifferent towards these developments. Many of these negative developments are actually happening in India. Illegal use of Bitcoins is increasing in India and RBI and Indian government are indifferent in this regard. As a result Bitcoins are used in India for multiple purposes including conducting medical and surgical abortions in India.      

Many Bitcoins enthusiastics wonder whether use and dealing in Bitcoins legal or illegal in India?  According to techno legal experts there is no straight forward answer to this question but the legality of Bitcoin in India is in doubts.

Those companies and websites that are accepting Bitcoins in exchange of goods and services are doing it in an illegal manner and they can be prosecuted and punished. It is always better to observe cyber law due diligence before engaging with Bitcoins in India in any manner whatsoever.

Saturday, November 23, 2013

Social Media And Foreign Websites Must Be Made Amenable To Indian Laws- Praveen Dalal

Social media websites like Facebook, Linkedin, Twitters etc and foreign technology companies like Google, Yahoo, Microsoft etc have been operating under the Laws of their jurisdiction i.e. United States. These websites openly deny to be regulated by Indian Laws even though they have significant commercial and business interests in India. Some of them have even subsidiary companies in India but despite this fact Indian Government has failed to regulate them effectively, says Praveen Dalal, managing partner of Perry4Law and the leading techno legal expert of Asia.

These companies can take Indian Laws for granted because Indian Government has not deemed it appropriate to make them Accountable and Amendable to Indian Laws, opines Dalal. However, things may change in the near future. Initially, it was suggested that Internet telephony and VOIP service providers must establish servers in India.

Now the Central Government is working on the formulation of the E-Mail Policy of India. It is contemplating banning private e-mail service providers like G-mail and Yahoo for government communication purposes. Even an advisory by Maharashtra government to use official e-mails, Indian cloud based services, routing traffic through NIXI and section 43 A compliance checks has been issued.

However, G-mail must be banned in India for even private communications as it abets and encourages the commission of cyber crimes in India. Google is openly violating the laws of India by using the fa├žade of conflict of laws and Indian government is taking Google lightly. We need to have techno legal framework in India so that companies like Google cannot take Indian laws for a ride. We also need such techno legal framework so that child pornography can be curbed to the maximum possible extent in India, opines Dalal.

All subsidiary/joint ventures companies in India, especially those dealing in information technology and online environment, must mandatorily establish a Server in India. Otherwise, such companies and their websites should not be allowed to operate in India. A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India. More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites, opines Dalal.

It is high time for Indian government to consider these recommendations as further delay would not be conducive for the cyberspace environment of India.

Sunday, November 17, 2013

Child Pornography In India Needs Serious Attention Of Indian Government Says Perry4Law

Child pornography in India needs to be seriously addressed says Perry4Law, the exclusive techno legal law firm of India.  With growing cases of cyber stalking in India there is an urgent need to draft stringent laws against child pornography in India. Nothing short of a robust techno legal framework would work for India in these circumstances opines Perry4Law.

Child pornography in India is becoming a big nuisance despite stringent laws in this regard. The cyber law of India prescribes stringent punishment for uploading and viewing child pornography in India. An Advisory by Home Ministry of India on Preventing and Combating Cyber Crime against Children in India has also been issued.

However, despite all these efforts, child pornography in India is increasing and protecting children in cyberspace has become a daunting task. Recently Interpol helped India in tracking child porn surfers as tracing such cyber criminals requires techno legal expertise at multiple levels and various jurisdictions.

Law enforcement agencies and other involved in fighting against child pornography and pedophiles are working as undercover agents and by communicating with sexual predators through online mediums. One such experiment was recently conducted by a Dutch organisation for children’s rights that identified more than 1,000 sexual predators after creating a computer generated Filipino girl named “Sweetie” to entice them into asking for child porn.

The Dutch chapter of the group Terre des Hommes (TDH) created the 10-year-old girl and then posed as her on Internet chat rooms to conduct a sting operation to unmask webcam child- sex tourists. They were quickly approached by more than 20,000 predators from 71 countries, and on Monday, they gave the identities of 1,000 of these alleged predators to Interpol. The top country of origin for the adults identified was the United States with 254, followed by Britain with 110 and India with 103.

However, not everybody can be identified and prosecuted so easily. Cyber criminals may be scattered in various parts of the world. These cyber criminals may also be using e-mail services of companies like Google whose Gmail does not provide the source of the communication.

Google is very fussy about providing information about cyber criminals even if there are clear cases of doing so. Although the Delhi High Court is presently hearing a case that would scrutinise the e-mail policy of India yet G-mail should be banned in India not only for governmental purposes but otherwise as well as G-mail abets and encourages commission of cyber crimes and cyber contraventions in India.

Google is openly violating the laws of India and Indian government is taking Google lightly. We need to have techno legal framework in India so that companies like Google cannot take Indian laws for a ride. We also need such techno legal framework so that child pornography can be curbed to the maximum possible extent in India.

Friday, November 8, 2013

G-Mail Is Violating Indian Cyber Law And May Be Banned In India

Indian government has ignored the importance of regulating the e-mail environment for long. Now it is facing a situation where the e-mail service providers located in foreign jurisdictions are taking Indian laws for granted. Some of these e-mail service providers are actually abetting and encouraging commission of cyber crimes and cyber contraventions as prescribed by the Information Technology Act, 2000 that is the cyber law of India.

Indian government is taking Google lightly and Google is continuously violating various laws of India. Now leading techno legal experts of India have recommended that G-mail must be banned in India as it is abetting and encouraging commission of various cyber crimes and cyber contraventions in India.

The Delhi High Court has recently directed the Central Government to frame the e-mail policy of India as soon as possible. While the Central Government would come up with the e-mail policy very soon yet the State of Maharashtra has already issued an advisory that has mandated that e-mail service of G-mail, Yahoo, Hotmail, etc would no longer be used in government departments of Maharashtra.

Of all e-mail service providers the services provided by G-mail are most noxious and violative of Indian laws. G-mail not only hides the Internet protocol address of the originator of the communication but substitute its own IP address with that of the originator. Thus, no person can ascertain the IP address of a cyber criminal unless Google discloses the same and getting information from Google is next to impossible for the ordinary individual.

It is surprising why this fact has not been investigated by Indian government so far. This practice of G-mail is clearly violating many provisions of the IT Act, 2000 and till now Indian government has not prosecuted Google/G-mail in this regard. It would be a good idea if the proposed e-mail policy of India deals with this issue in length and make suitable provisions regarding misuse of e-mail facilities provided by G-mail as well. 

Tuesday, September 17, 2013

Legal Assistance For Cyber Crime Cases In India

Cyber crime cases have increased significantly in India. However, there is a general lack of awareness among public at large as well as police and judicial system regarding cyber law and cyber crimes.

As a result most of the cyber crimes are not reported at all. Even if some cyber crimes are reported they are not investigated properly and this results in very few cyber crime convictions.

In most of the cases lack of cyber crime conviction is the primary result of absence of proper legal assistance to prosecute cyber crimes. We have very few cyber law firms in India that are truly cyber law firms. Perry4Law is the best cyber law firm of India that is providing cyber law and other techno legal services.

In fact, the techno legal segment of Perry4Law known as Perry4Law’s Techno Legal Base (PTLB) is managing the exclusive techno legal cyber crime investigation centre of India. The cyber crime investigation centre is playing a conclusive role in conducting cyber crime investigations in India and providing techno legal services to the victims of cyber crimes and cyber frauds.

Along with cyber law, areas like cyber security and cyber forensics must also be explored by the legal fraternity. The cyber security legal practice in India is still in infancy stage and we have hardly any cyber security lawyers and law firm in India except Perry4Law.

The cyber crime cells of India must seek services of techno legal firms like Perry4Law to manage and investigate cyber crime cases in India. By clubbing the expertise of law enforcement and law firms, police can produce better results.

Thursday, July 4, 2013

Privacy Ignored By The Cyber Security Policy Of India

The National Cyber Security Policy (NSCP), 2013 has declared the broad outline regarding cyber security framework of India. Since it is an outline not many details have been provided about its components and objectives.  The implementation hurdles are also present that would make actual implementation of the NCSP very tedious.

Cyber security experts have also opined that the proposed NCSP may not be very effective in the present circumstances and framework. The main reason for the same may be that Indian government has been very lax and lethargic while implementing cyber security related issues in India. Another related reason s the fact that actual implementation of the NCSP is still a very distant dream.

Consider the initiatives proposed by Indian government in this direction. These include the National Critical Information Infrastructure Protection Centre (NCIPC), National Cyber Coordination Centre (NCCC), National Intelligence Grid (Natgrid), etc. These projects have not only failed to materialise but they are also devoid of any legal framework supporting the same. In short, even if they are implemented they would violate civil liberties of Indians just like the Central Monitoring System (CMS) of India.

India has definitely adopted the e-surveillance model and in this quest it has deliberately failed to enact privacy and data protection legislations. This strategy has also been adopted by the National Cyber Security Policy (NCSP) of India as it has failed to protect privacy rights in India. The policy has also failed to maintain a balance between civil liberties and national security requirements of India.

The true impact of the NCSP 2013 could be analysed once the government actually starts implementing the same. Till then self defence mechanisms in cyberspace must be adopted by those interested in preserving and protecting their privacy and civil liberties.

Wednesday, May 29, 2013

Are Attorneys Afraid Of Using Social Media?

One of the easiest ways to find an attorney in today’s times is via social media. The legal business just like any other business today is learning the ropes of what it means to be part of the social media network and benefit from it. Whether it’s a Kansas City attorney or a law firm in New York, they’ve been forced to explore social media and what it can do for their business.

There is another side to this story though. While it has its advantages social media is a very open platform. Things go viral and quite honestly, once something has been uploaded on the web via a social media channel, there is little control over where it might land eventually or who might see it.

For most other professions this does not pose as a big risk. But that is not the case with the legal industry. Because of the sensitive nature of their field and the kind of work they do, lawyers have to be careful about what they post on the web, especially when they use social media as a personal space.

So the question is- Are attorneys afraid of using social media? Yes, possibly so. There are a number of reasons why an attorney might be afraid that social media can land them into trouble. The legal profession has always been categorized as a serious profession. When anyone is out in the market to find an attorney, they have a certain image in mind.

In such a case, anything that a lawyer has written on their social platforms can be used as a medium to judge them professionally. Sometimes an innocent remark or update written just for fun can cast a shadow on the reputation of the attorney and cost them a case.

Another factor to consider is the confidentiality status quo that lawyers have to maintain at all times. Under this, in no circumstance can a lawyer reveal any information knowingly or unknowingly about a client. When it comes to social media, an attorney can never be sure when something they might have posted can be linked to breach of confidentiality.

This is especially true in the case of blogging. Presumably, the posts might be related to cases or experiences on cases and this will warrant divulging some facts.  There is also the possibility that a lawyer might end up discussing legal issues on a social media platform with someone who is against a current client of theirs. This can be seen as a conflict of interest.

Another risk for an attorney to openly talk about law on social media is the fact that it can unintentionally lead to unauthorized practice. For e.g.: a Kansas City attorney might end up giving advice to someone in Florida but he is not licensed to practice in Florida, this might be considered a violation.

While the risk of using social media are many for attorneys, it is very hard to ignore the fact that social media is here to stay. The key eventually is in using the platform responsibly and with extreme caution and awareness.

Monday, May 27, 2013

Intellectual Property (IP) Disputes Have Increased Tremendously

Intellectual property rights (IPRs) have assumed tremendous importance these days and both individuals and organisations are doing their level best to protect and enforce the same. As a result, the IP battles are increasing world over and India has also witnessed a growth in IPR disputes.

IP like trade secrets, patents, copyright, trademarks, etc have become crucial for the growth and expansion of various businesses. Add to it the domain names and you cover the cyberspace and techno legal areas as well.

Intellectual property (IP) disputes have increased tremendously. As more and more individuals and organisations have started asserting their IP claims, the litigation and court cases have also increased.

At the international level, the international trade commission (ITC) has recently held that Apple and Microsoft did not violate the patent rights of Google. Kim Dotcom has accused Google, Facebook, Twitter etc of violating his two step authentication patent.

Mozilla has also issues a cease and desist notice to Gamma International for maliciously using its brand and reputation. The Japanese Company Kawasaki Heavy Industries (KHI) has also accused Chinese Company CSR Sifang of stealing its Shinkansen Bullet Trains.  

The U.K. Supreme Court has also decided that storing of cache on a users computer of the copyright protected work is not copyright infringement. Similarly, the supreme court of India also held that Novartis has no patent rights in its product Glivec. U.S. Pharmaceutical Company Merck Sharp and Dohme’s (MSD) has also appealed before Division Bench of Delhi High Court.  

On the Trademark and Domain Name fronts, India has submitted Instrument of Accession to the Madrid Protocol for International Registration of Marks. In a domain squatting case, Tata Sons And Tata Infotech won domain name lawsuit against Arno Palmen. The objection and dispute resolution for ICANN’s new GTLDs registrations is also in full swing. The Financial Times and Times of India are also fighting trademark battle in Supreme Court of India.

On the legislation front, the recent Indian Copyright Amendment Act, 2012 (CAA 2012) has incorporated provisions related to digital rights management. These include protection of technological measures used by copyright owners and making their unauthorised circumventions punishable under the Copyright Act. Similarly, the proposed U.S. legislation would target companies using stolen intellectual property of U.S.

This trend of protection of IP is going to be more severe in future. The IP portfolio management in India and online brand protection in India is going to be a trick issue and individuals and companies must keep this trend in mind.  

Tuesday, May 7, 2013

Online Cyber Security Courses In India By PTLB

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

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

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

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

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

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

Source: Virtual Campus Of PTLB.

Thursday, May 2, 2013

Online Pharmacies Are Under Scrutiny

The online sales of prescribed medicines in India are by and large still unregulated. Illegal and unscrupulous online pharmacies, both Indian and foreign, are taking advantage of this lacuna of Indian laws.

However, those days of chaos and non regulation are gone. Indian regulatory authorities are now scrutinising these online pharmacies for violation of various pharmaceutical standards, codes and regulations.

Although we have no dedicated e-retailing laws and regulations in India yet the legal aspects of online pharmacies can be found under multiple legislations of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal e-commerce expert of India, Online Pharmacies of India are under Regulatory Scrutiny. There are many Online Pharmacies in India that are openly violating the Pharmaceutical and other Laws of India.

Further, these Online Pharmacies are also violating the Cyber Law of India, especially the Cyber Law Due Diligence of India. There is an urgent need on the part of States to crack down upon such Illegal Online Pharmacies of India, opines Dalal.

Illegal online pharmacies are grave danger to the lives of millions of Indian citizens who readily rely upon such pharmacies for their medical requirements. The central drugs standard control organisation (CDSCO) must play a more pro active role in this regard. Till now its role has been passive and non-interfering in nature when it is must be otherwise.

We hope the CDSCO and Indian government would take strict penal action against the defaulting and illegal online pharmacies that are openly flourishing in Indian that also right under the nose of Indian government.

Source: Cjnews India.

Saturday, March 2, 2013

Open Source Malware Analysis By Malwr Com

Malware is a big security threat in the present environment. Some malware are so sophisticated that they cannot be detected by any technology or software present as on date. They are detectable after a lapse of considerable period of time that may at times be years.

There are some very good free and open source malware detection and removal tools and softwares as on date and more and more are added on regular basis. These include Malwarebytes, ClamAV, etc. More can be found at the Sourceforge page.

Malwr is another free malware analysis service. It allows you to analyse suspicious files and extract information on their process and network behavior while being executed. It's built on top of an open source malware analysis system called Cuckoo Sandbox.

In order to use Malwr.com you just need to choose the file to analyse, solve the captcha and submit it. You can choose an analysis package between the ones available, if none is specified, Cuckoo Sandbox will try to detect if it's a PE32 or a PDF file and choose the appropriate package.

If the file format is not recognised, the analysis will be aborted. You can also specify your email address to receive a notification when your analysis is ready.

Malwr.com is powered by the Shadowserver Foundation. It is a product worth trying and commenting.

Sunday, February 17, 2013

Is Media Promoting Soft Porn In India?

We have been witnessing a trend where online media and websites in India have been accused of promoting soft pornography at their platforms. The cyber law of India clearly prohibits such display of soft porn in India yet till now we have not witnessed any compliant or court case against such platforms.

We recently received an e-mail from Supreeth Sudhakaran informing us about the possible cyber law violation by the English website of the Bhaskar Group. We have forwarded the same to Perry4Law’s Techno Legal Base (PTLB), the leading techno legal segment of law firm Perry4Law.

According to Supreeth he recently visited the English website of the Bhaskar Group and found that they have been promoting a nude calendar under the claims that it is artistic and that they are launching it in India.

The website has neither blurred the image nor creatively cropped it, says Supreeth. When he contacted their editors, he did not receive any response. Now Supreeth wonders whether the website in question violates any law of India.

The cyber law due diligence for press and media in India is well known and a failure to observe the same could result in criminal liabilities. According to Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of Asia, a single such episode can attract Civil and Criminal Liabilities on the part of those involved in the making, uploading, publication and circulation of the same in paper and electronic form. The Cyber Law of India prescribes stringent Due Diligence Requirements that paper based and electronic publishers must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Praveen Dalal.

The legal position in this regard is very clear and websites and media platforms must keep the cyber law due diligence requirements in mind.

Monday, January 21, 2013

Is Online Gambling And Betting Legal In India?

As a leading techno legal ICT law firm of India, Perry4Law is frequently approached for numerous techno legal issues. One of them pertains to e-commerce laws and regulations in India.

Recently many queries have been raised about the applicable online gambling laws and regulations in India.  We have also observed that e-commerce legal compliances in India are not followed in true letter and spirit. This may be due to lack of knowledge about applicable e-commerce laws but ignorance of laws is no excuse.

If e-commerce players do not follow the laws of the land, they may found themselves in uncomfortable situations. For instance, cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies are some of the issues that have been ignored by almost all e-commerce players of India.

Coming back to the burning issue whether online gambling and online betting is legal in India or not? We have already covered the legality of online gambling and betting in India and other e-commerce compliance requirements in India but we would briefly cover the same once again.

The golden rule for deciding whether online gambling in India is legal or nor has to be judged by many factors that depends upon the facts and circumstances of each case and upon state to state. There are many states in India where gambling is legal and few where even online gambling and betting is legal. However, there are some states like Mumbai where online gambling is expressly prohibited and made a punishable offense. So it depends upon the state where you wish to carry the online gambling and betting business.

Then there is the rule of skills versus chance as laid down by the courts of India. As a general rule, where the game involves application of skill on the part of the player and the element of chance is minimal, the activity would be considered to be a game and not an act of gambling. However, the applicability of this test of skill versus chance may not be applicable to online or Internet games, betting and gambling as various judicial decisions pertaining to different sets of facts and circumstances and can be distinguished easily in subsequent litigations.

Finally, economic and taxation legislations like tax laws of India, anti money laundering laws, etc are also involved while operating online casinos, online gambling and betting and online gamming platforms.  The provisions of these economic legislations are very stringent in nature and can cause great detriment to the owner or operator of the online casino, gambling and betting website.

To be on a safer side, it is better to comply with various techno legal laws of India while opening an online gambling, gaming and betting platform rather than facing the punitive provisions of Indian laws.

Source: E-Commerce Laws and Regulations In India.

E-Commerce Compliances In India

E-commerce is the latest entrepreneur bandwagon in India. Thousands of e-commerce portals have emerged during the year 2012. However, in the zest of earning profit, legal and compliance requirements pertaining to e-commerce have been totally ignored by almost all the e-commerce portals.

The most vulnerable categories that have opened their online shops pertain to online pharmacies, online gambling and gaming, electronics, etc. These e-commerce portals are not at all complying with the respective laws of these segments.

Even the Indian government is lax in implementing the regulatory and compliance requirements against these illegal online pharmacies, gambling portals and other similar e-commerce platforms.

This has posed serious threat to not only lives of millions but also to the socio-economic and law and order situation n India. Regulatory bodies covering these fields must be more vigil while keeping a tab upon illegal and unethical activities of those e-commerce portals that are flouting the laws of India.  

There are many techno legal compliance requirements that e-commerce portals of India must comply with. At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players.

Presently, cyber law compliances, due diligence and techno legal compliances are not followed by various e-commerce websites in India. There is an urgent need to scrutinise these e-commerce portals and prosecute the guilty for violations of Indian laws.

It would amount to adoption of double standards by Indian government if it plays harsh upon foreign companies but leaves Indian companies and e-commerce portals untouched. Let us hope Indian government would do the needful in this regard as soon as possible.

Online Gambling Laws And Regulations In India

Online gambling in India has aroused great interest among many e-commerce entrepreneurs of India. This is because online gambling is a very remunerative and profit oriented business. However, online gambling is also a complicated business filed as many laws and technical issues have to be resolved at the same time.

We have a central law on gambling called the Public Gambling Act of 1867. Similarly, we have many state laws on gambling that are mostly based upon the central law. Further, almost all the state laws are regulating real world or offline gambling in India. The exception in this regard can be found in the laws applicable in places like Goa and Sikkim.

Recently Goa has made its casino laws very stringent keep in mind the money laundering, black money and tax evasion issues in mind. Similarly, Sikkim is also in the process of harmonising its laws with the central laws.

As far as judiciary is concerned, the Supreme Court of India has made a distinction between skills based and chance based gaming activities. Of course, each case depends upon its own facts and circumstances and the respective state law and we cannot apply one decision uniformly in all cases of gambling and online gambling. 

The e-commerce laws and regulations in India are still at the infancy stage. As a matter of fact, a majority of e-commerce portals and players in India are not following the laws of the land in true letter and spirit. Surprisingly, there is a general misconception among the e-commerce players of India that for running an e-commerce website in India they need not to follow much law. On the contrary, there are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India.

The chief among these e-commerce players are online pharmacies, online gambling and gaming portals, electronics e-commerce websites, etc. They fail to understand that use of technology has brought additional legal issues that are primarily techno legal in nature. Their continued ignorance may bring civil, criminal and financial penalties. The recent spate of FDI crackdowns by India government proves this point.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies must be kept in mind by various e-commerce websites and players. The skill and chance and state subject legal arguments are not sufficient to comply with complicated techno legal requirements of India as on date. So before launching an e-commerce portal, the concerned person or company must make it sure that techno legal requirements are duly complied with.

Source: E-Commerce Laws And Regulations In India.