Techno Legal Updates On 01-04-2013

Techno Legal Updates On 01-04-2013Some very significant techno legal developments have taken place in the recent past. For the larger benefit of our readers we are giving account of the same here. These are as follows:

(1) Aadhaar Project: The illegality of Aadhaar project has been challenged once again before the court. The Aadhaar project still remains an unconstitutional and illegal project as on date. The courts must consider the cyber security, data security and civil liberties implications of Aadhaar project. It is also high time to scrap the Aadhaar project.

(2) Novartis Patent Case: The decision of Indian Supreme Court on Novartis cancer treatment drug was long pending. As reported by Perry4Law, the Supreme Court has held that Novartis is not entitled to patent protection for the drug in question.

(3) Education: The education sector of India is blooming. Many foreign universities are planning to open their campuses in India. Similarly, many are planning to enter into collaborations with existing Indian institutions. The Massachusetts Institute of Technology (MIT) president seeks collaborations with Indian Institutions in Healthcare, Renewable Resources and Education sectors. The scope of e-learning and lifelong learning in India is really good these days.

(4) E-Commerce: The e-commerce portals of India continue to flout the laws of India. Online pharmacies in India are violating Indian laws and Indian government has not taken any action against them. Similarly, e-commerce websites in India are engaging in punishable soft porn publication. It is high time for Indian government to be strict with e-commerce websites of India.

(5) Banking Frauds In India: The cases of banking frauds in India have significantly increased. For instance, ATM frauds, Internet banking frauds, online banking frauds, RTGS frauds, money laundering offences, etc are on in India. In short, banking frauds in India have increased. RBI is already investigating the cyber fraud happened at YES Bank. Now ICICI, HDFC and Axis banks were alleged to be indulging in money laundering and benami transactions.

The finance ministry and RBI are investigating money laundering accusations against ICICI, HDFC and Axis bank. According to Praveen Dalal, managing partner of law firm Perry4Law and leading techno legal expert of Asia, HDFC and other Banks must follow Sound E-Discovery and Cyber Forensics Procedure to avoid Legal Liability. Otherwise HDFC and other banks many inadvertently destroy the evidence.

(6) Cyber Warfare: The Tallinn manual has been released by NATO that is dealing with cyber warfare as well. However, it has no binding value as the Tallinn manual on the international law is not applicable to international cyber warfare attacks and defence.

We hope you would find these updates useful.

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