Monday, March 30, 2015

Online Petition And Survey By CCICI Regarding Cyber Law Due Diligence In India

Interpretation and analysis of the judgment of Supreme Court of India in Shreya Singhal v. Union of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) has already been started by various cyber law stakeholders of India. Most of them have based their observations upon Section 66A alone leaving aside other sections like Section 69A and Section 79 of the Information Technology Act, 2000.

However, it seems while doing justice to freedom of speech and expression in India, the Supreme Court has erred in reading down Section 79 and Rule 3 of Information Technology (Intermediaries Guidelines) Rules, 2011 (PDF) that pertains to Internet Intermediary liability and observance of cyber law due diligence (PDF) by them. In fact, it has been claimed that Supreme Court has killed cyber law due diligence in India to a great extent.  

Cyber Crimes Investigation Centre of India (CCICI), the premier cyber crime investigation centre of Perry4Law Organisation (P4LO), has been covering these issues from the very beginning. Now CCICI has taken this interpretation and effort to another level by starting an online petition and survey titled “Do We Need a Stronger Cyber Law Due Diligence in India?”

Unfortunately, most of the interpretations and observations regarding the judgment of Supreme Court were directed towards Section 66A alone and the issue of cyber law due diligence was totally ignored. This has serious ramifications for all cyber victims whose locus standi has been taken away by the Supreme Court to approach the Intermediary.

It is of utmost importance that this issue must be discussed in great detail and then taken up before the Supreme Court through a review petition. Similarly, the collective inputs can also be shared with Indian government and Parliament so that they can come up with a more potent and effective cyber law due diligence requirement in India.

If you are a cyber victim or you know a person who has been a cyber victim, please share your views through this petition and review. Your views would shape the cyber law of India and make it more meaningful. If you have ever suffered from harassment over e-mail, SMS, chatting, Social media, etc or you know a person who has been so harassed, then please share your views at the petition/survey page. Collectively let us make a responsible cyber society and culture in India.

Source: Cyber Law Blog.

Sunday, March 15, 2015

Digital India And Aadhaar Related Critical Policy Suggestions And Views Of Praveen Dalal

Digital India is a promising initiative of Indian Government. However, like any new and good project, Digital India is also suffering from many shortcomings and weaknesses. It is imperative on the part of Indian Government to remove these limitations of Digital India project instead of suppressing the same. It is also important that any critical view or suggestion regarding Digital India project must not be either suppressed or censored by Indian Government or technology platforms like Google, Twitter, etc.

There are many critical opinions regarding Aadhaar and Digital India projects. It is believed that by clubbing the digital India project with Aadhaar, Indian Government has made Digital India the digital panopticon of India.

There are also many reported cases of censorship activities of Google and Twitter in India. The dissenting tweets and posts regarding Digital India were censored by both Google and Twitter repeatedly. It would be better if these companies would respect civil liberties in cyberspace in the future.

This post is sharing the critical and other views and recommendations of Praveen Dalal regarding Digital India and Aadhaar Projects that have been shared at Twitter for public at large but are not easy to find due to censorship activities. These are as follows:

(3) Twitter Continues Censoring Digital India Related Dissenting Tweets. Source: Perry4Law News Centre,

(8) The Biggest Problem Of Digital India Project Is That It Lacks A Clear Cut Policy And Implementation Plan,

(11) Unconstitutional And Illegal Biometrics Collection Laws And Practices In India- Source: CEPHRC,

This consolidate list would provide a readymade reference list of all Digital India and Aadhaar related critical views and opinions of Praveen Dalal at a single place. We hope our readers would find this post and these tweets useful and productive.

Source: IIPS.