Tuesday, 30 October 2012

The Third (3rd) Worldwide Cyber Security Summit Of Delhi, India 2012

The Third (3rd) Worldwide Cyber Security Summit of Delhi 2012 is still going on and it raised lots of expectations among the Indian cyber security stakeholders. However, the third Worldwide Cybersecurity Summit 2012 has failed to impress so far.

There are many media reports about this event. Surprisingly all of them are talking about insignificant and irrelevant topics like spam and marketing calls.

However, these are not the issues that must be neither discussed nor reported for a worldwide cyber security event.   When cyber security is discussed, there are many more issues like cyber war, cyber terrorism, critical infrastructure protection, etc that deserver more attention and coverage.

In these circumstances, this event seems to be another conference with no substantial contribution towards Indian or global cyber security initiatives. Even Indian government and its representatives have no idea whatsoever what issues of Indian cyber security must be dealt with on a priority basis.

India is presently facing many cyber security challenges and problems. These challenges and problems pertain to diverse fields and are complicated in nature. Naturally, cyber security problems, issues and challenges management in India is not an easy task. Various cyber security stakeholders are trying to tackle novel cyber security issues in India but with moderate success.

Cyber security, like any other initiative, requires dedicated, actual and ground level work. If the actual work and will is missing, thousands of partnerships and conferences cannot bring any result.

In the past as well we have heard this question “Will the Second Worldwide Cyber Security Summit of London Succeed”?  After more than a year of posing of this question, it seems to have been answered in “negative”. Coincidentally, the Third (3rd) Worldwide Cyber Security Summit of New Delhi, India 2012 is in progress. Now the question is “Will the Third (3rd) Worldwide Cyber Security Summit of Delhi Succeed”?

In the absence of actual and practical efforts in the direction of ensuring cyber security in India, mere conferences and policy formulation would not bring desired results. Of course, real and effective techno legal cyber security initiatives of India like National Cyber Security Database of India (NCSDI) and Cyber Security Research and Development Centre of India (CSRDCI) can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

Let us hope that India would move forward from mere declaration and conferences to actual and ground level works.

Friday, 26 October 2012

Online Dispute Resolution Emerging Areas

Online dispute resolution in India (ODR in India) is not widely used and is not well established. The Arbitration and Conciliation Act, 1996 is based upon assumptions and premises that do not rely upon information and communication technology (ICT). Naturally, ODR in India cannot grow in these circumstances. In fact, ODR in India is facing severe legal roadblocks.

Since ODR is not very much explored in India therefore there are very few online dispute resolution service providers in India. Perry4Law Techno Legal Base (PTLB) is the best among them. The rejuvenation of ODR in India by PTLB is well known.  The exclusive techno legal online dispute resolution (ODR) centre of India is also managed by PTLB. The exclusive e-courts consultancy and training centre of India is also managed by PTLB.

There is an urgent need to streamline Indian efforts in the direction of establishment of e-courts in India. Till the end of October 2012 we are still waiting for the constitution of first e-court of India.

ODR and e-courts in India must be accepted and adopted by India urgently. The ODR and e-courts initiatives of PTLB can be a starting point to work in these directions. It would be a good idea to seek techno legal services of Perry4Law and PTLB by Indian government in this regard. 

ODR In India By PTLB

In this guest post by Perry4Law Techno Legal Base (PTLB) we are exploring the technological and innovative means used by PTLB to strengthen the online dispute resolution and e-courts initiatives of India. The best part about these initiatives of PTLB is that they are techno legal in nature that is taking care of both technical and legal aspects of online dispute resolution and e-courts.

Online dispute resolution in India (ODR in India) is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Legal enablement of ICT systems helps in establishing a transparent, efficient, accountable and effective legal and judicial system by utilising various ICT mechanisms.

Besides Online Dispute Resolution (ODR) In India other facets of legal enablement of ICT systems in India include establishment of e-courts in India or e-judiciary in India and online arbitration in India. However, at the end of October 2012 we are still waiting for the establishment of first e-court of India and there are very few online arbitration and online dispute resolution service providers in India.

At PTLB we are managing the exclusive Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI). Further, PTLB is also providing the exclusive Techno Legal Online Dispute Resolution Services in India. The exclusive Techno Legal Online Dispute Resolution (ODR) Centre of India is also managed by PTLB.

While International Response to Online Dispute Resolution is pretty good yet Indian response in this regard is far from satisfactory. In fact, ODR In India Is Facing Severe Legal Roadblocks. At the international level as well, International Harmonisation Of ODR Is Required. International Legal Standards For Online Dispute Resolution must be urgently formulated.

On the front of regulatory environment and disputes resolution as well, India has to make necessary changes in its regulatory environment. The commercial disputes issues that affect foreign investors operating in India may include inadequate handling of statutory legal compliances by the Indian partner, management control i.e. (Indian corporate laws over ride any private contractual terms between the joint venture partners, unless such terms are addressed and reflected in the Articles of Association of the company) and protection of intellectual property rights, and double tax issues.  Foreign investors may take pre-emptive steps against frivolous litigation (criminal charges) by including suitable arbitration clauses in their agreements.

Thus a practical aspect to consider may be uniformity and alignment between applicable law, rules, venue and forum for arbitration, enforcement of foreign judgments and awards in India, apart from logistics of perhaps having to manage multi-jurisdictional legal teams, including costs.

National and international ODR and e-courts stakeholders may contact us with their concrete proposals of they wish to collaborate with us on our techno legal ODR and e-courts projects.

Saturday, 20 October 2012

Cyber Security Council Of India Constituted

According to the report published by my colleague, the cyber security council of India has been constituted by Indian government. This is a good step in the right direction as such an action was long due on the part of Indian government.

Although this is a modest beginning yet if Indian government is committed this can transform into a major cyber security initiative by Indian government. I am hereby sharing the report of my friend for our readers.

Cyber security of India has finally got the attention of Indian government. Indian government has been announcing many initiatives that could strengthen cyber security of India. Although these initiatives have come late yet this is a good beginning from all counts.

Now it has been reported that the Indian government has launched a new and dedicated wing of the country's National Security Council Secretariat (NSCC). The function of the proposed wing would be to deal with the growing cyber threat especially those from cyber terrorists.

Cyber terrorism against India, cyber warfare against India, cyber espionage against India, etc are on rise and this dedicated wing can be really helpful in this regard. The wing would coordinate with other existing law enforcement agencies. The objective of the wing would be to keep both public and private computer safe from cyber attack and malicious activities.

The proposed wing would work in the direction of ensuring coordination among various government departments of India so that both national and international cyber threats can be countered. Gradually the wind would be extended to make its initiatives and efforts more holistic and wide.

However, India still needs to stress upon cyber security research and development. Till now we have a sole techno legal cyber security research centre of India that is managed by Perry4Law and Perry4Law Techno Legal Base (PTLB).

Close association and coordination with expert techno legal institutions like PTLB is the need of the hour. Let us hope that Indian government would collaborate and coordinated with institutions like PTLB to make its cyber security initiatives more holistic and effective.

Thursday, 18 October 2012

Indian Cyber Security Research Centre

Cyber security research plays an important role in strengthening cyber security of any organisation and nation. Cyber security being a continuous process, we need to continuous adapt and improvise our cyber security initiatives and efforts.

The need for cyber security research centre of India was imminent. Thanks to the efforts of private players, Indian cyber security research centre is no more a fiction. The exclusive techno legal cyber security research centre of India has already been functioning in India for long.

The present cyber security environment of India needs effective skills development to deal with growing cyber threats against India. There are numerous vexing cyber security issues in India that requires attention at the highest level. Further, cyber security laws in India and cyber security policy of India must also be formulated.

Cyber security issues and problems of India require techno legal solutions as neither technical nor legal solution in itself is sufficient. Further, participation of private players is also needed to strengthen cyber security of India as managing India’s cyber security problems, issues and challenges cannot be left for the Indian government alone to tackle.

A special attention must be given to critical infrastructure protection of India. Recently Indian government proposed establishment of national critical information infrastructure protection centre (NCIPC) of India that can help in protecting critical infrastructure of India.

In these circumstances the initiatives and efforts of Perry4Law Techno Legal Base (PTLB) are really praiseworthy. PTLB has established the exclusive techno legal cyber security research and development centre of India. This cyber security centre is the first of its kind in India and world wide.

The cyber security centre is a good blend of legal and technical capabilities of PTLB that makes it unique and very effective. Through its skills development and training initiatives, it would ensure offensive and defensive cyber security capabilities for India and other nations. Let us hope that this cyber security centre of PTLB would be an integral part of all cyber security initiatives of Indian government.

Wednesday, 17 October 2012

Cyber Security Issues And Problems In India

Cyber security is a complicated and time consuming task. It is very difficult to manage various cyber security issues of India and a single organisation or entity cannot achieve this task. Indian government has also realised this truth and it is exploring the public private partnership (PPP) model for managing cyber security of India.

There are many cyber security issues in India and cyber security issues and challenges in India that require urgent attention of Indian government. For instance, issues like cyber terrorism, cyber warfare, cyber espionage, etc are some of the burning cyber security issues that deserve attention of our policy makers. This also means that we must develop both offensive and defensive cyber security capabilities in India.

For the past few years, serious cyber threats have been endangering the critical infrastructures of India and there is an urgent need to strengthen critical infrastructure protection in India. To achieve this objection, cyber security skills development in India must be immediately ensured.

While Indian government has been indifferent to cyber security of India for long yet a few committed and dedicated private players have been playing a pro active role in this regard. For instance, Perry4Law, Perry4Law Techno Legal Base (PTLB) and Perry4Law Techno Legal ICT Training Centre (PTLITC) have launched exclusive techno legal cyber forensics research centre of India, cyber security research centre of India and cyber crimes investigation centre of India for long.

There is no doubt that cyber security of India is under transformation but we are too lax in this regard. The cyber security initiatives of India must be expedited as we do not have any more time to waste. Similarly, while cyber security initiatives have been strengthened by private players like PTLB yet Indian government must also play a pro active role in this regard.

It would be a good idea to seek the services of those who can make a difference in this regard. The same can be effectively achieved by formulating the cyber security policy of India and acting accordingly.