Supreme Court’s Judgment On Section 66A Is A Big Blow For Cyber Law Due Diligence In India: Praveen Dalal

Praveen Dalal-Managing Partner Of Perry4Law And CEO Of PTLBMany have rejoiced the recent judgment of Supreme Court of India titled Shreya Singhal v. Union Of India (24th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF). However, on a closer look it is clear that while solving the minor problem the Supreme Court of India has created a major problem for Indian citizens and its cyberspace.

Few tweets by Praveen Dalal are worth reading in this regard. He believes that striking down of Section 66A of IT Act 2000 means that Indian Cyber Law needs urgent Amendments as we are exploring Digital India as well.

To achieve the objectives of Digital India, we need a robust cyber security infrastructure. The starting point can be the formulation of cyber security policy of India 2015. Cyber security breach disclosure norms of India must also be formulated by Indian government for successful implementation of Digital India.

He also believes that reading down of Section 79(3) (b) by Supreme Court in the present manner is “Counter Productive” in long run. He also cautions that SC’s Judgment on Section 66A is a “Big Blow” for Cyber Law Due Diligence in India (PDF) and “reading down portions” must be challenged through a Review Petition.

Perry4Law Firm would come up with more detailed interpretation of this judgment in due course of time, if required. For the time being it is clear that not everything is right with the judgment of Supreme Court and Indian Cyber Law may witness many ups and downs after this judgment.

Source: CCICI.

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It Took India Almost 10 Years To Realise That Women Empowerment Is Possible Through ICT

It Took India Almost 10 Years To Realise That Women Empowerment Is Possible Through ICTThe year was 2006 when Praveen Dalal suggested the use of ICT for Women Empowerment in India (PDF). However, it took almost 10 years for India to realise that women empowerment is possible though ICT. Narendra Modi government has finally appreciated this fact and has introduced the Digital India project covering this aspect as well. However, there are many limitations and shortcomings of Digital India project of India as on date and with these limitations and shortcomings the effect of Digital India would not be as conducive as anticipated.

Of all facts one fact is very frustrating and discouraging and that would also defeat the Digital India project in the long run. According to Praveen Dalal, mandatory e-governance services in India are needed that are presently missing. This is also one of the main reasons explaining why e-governance has failed in India.

Another reason is that Indian government is very slow in accepting suggestions and recommendations that can be game changer for India. For instance, if the suggestions of Praveen Dalal were accepted in the year 2006 itself, women empowerment in India would have a totally different meaning today in India. Platforms like MyGov have little significance if the suggestions provided by public are not accepted and acted upon.

However, in many cases Indian government accepts the suggestions and recommendations of public. For instance, many of the suggestions of Perry4Law Organisation (P4LO) regarding technology companies were accepted by the then Congress government.

The present BJP government is also open to public suggestions and inputs. However, how much they would be accepted depends upon the policies and strategies of Modi government. If Modi government is looking towards positive and image making inputs only, that would not be a fruitful exercise. Modi government must also keep in mind the shortcomings and weakness of its policies and projects. Censorship of posts and tweets and manipulation of news and search results is definitely not the right approach in this regard.

As far as Digital India and Aadhar projects of India are concerned, Praveen Dalal has compiled a list of aspects that Digital India and Aadhaar project must take care of in order to be successful. Now it is for the Modi government to consider the same and apply them to strengthen Digital India project wherever applicable and relevant. There is no sense in waiting for another 10 years to provide even the most basic e-delivery of services to Indian citizens.

Source: P4LO Blog.

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

Praveen Dalal, Managing Partner Of Perry4law And Cyber Law ExpertDigital 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:

(1) Use Of ICT For Women Empowerment In India Is A Belated But Good Step Under Digital India. My Opinion (2006). Source: UNPAN (PDF),

(2) Digital India Project Is Good But It Must Be Supplemented With Robust Cyber Security In Advance,

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

(4) Google Is Manipulating Timestamp Of Digital India Related Dissenting News To Remove Them From Latest News Results. Source: Perry4Law News Centre,

(5) Exploring Digital India By Riding Upon M-Governance And Ignoring Shortcomings Of E-Governance And Aadhaar Is A Risky Step That Should Be Avoided,

(6) Now Google Is Flexing Its Censorship Muscles For Digital India Related Critical Tweets– Source: Perry4Law News Centre,

(7) It Is Good That Budget 2015 Has Given Importance To Digital India. Now The Govt Must Work In The Direction Of Making It Successful,

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

(9) Twitter Is Censoring Dissenting Digital India Related Tweets In Real Time– Source: Cjnews India,

(10) E-Surveillance Projects Of India Need Parliamentary Oversight And Judicial Scrutiny– Source: CLPIC,

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

(12) Aadhaar Is Not A Welfare Project But An E-Surveillance Project Of Highest Nature– Source: Privacy Laws In India,

(13) Digital India Project Of India Is Heading For Rough Waters– Source: Perry4Law News Centre,

(14) Central Govt Lied To Supreme Court By Telling Aadhaar Not Mandatory For Its Services,

(15) Digital India Is Biggest Panopticon Of Human Race The Moment It Is Clubbed With E-Surveillance Tool Named Aadhaar, Source: Privacy Laws In India,

(16) Would You Like Your Children To Be Digitally Tagged Forever? If Not, Protest Against Aadhaar And Stop Its Use,

(17) Digital India By Making Aadhaar Compulsory And Illegally Clubbing It With E-Services Is Controlling Your Digital Life,

(18) Shortcomings Of Digital India Project Of India– Source: Perry4Law News Centre,

(19) Digital India Project Of India Is Heading For Rough Waters– Source: Perry4Law News Centre

(20) Aadhaar Not Mandatory For Government Services: Central Government To SC– Source: Perry4Law News Centre,

(21) Modi Govt Should Not Risk Wonderful Concepts Like Digital India, Made In India And Digital Locker By Clubbing Them With Aadhaar. Bad Idea,

(22) Supreme Court Must Immediately Impose An Interim Stay On States/Centre That Are/Is Making Aadhaar Compulsory,

(23) Supreme Court Must Immediately Declare Aadhaar Project As Unconstitutional– Source: CLPIC

(24) It Is Surprising How People Can Be So Docile About Aadhaar And How Central Govt Can Fool Supreme Court So Easily With False Statements,

(25) Digital Locker Is A Legal Project Based Upon Illegal Technology Named Aadhaar- What An Irony, etc.

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.

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CBSE Directs Schools To Establish Anti Bullying Committee

CBSE Directs Schools To Establish Anti Bullying CommitteeBullying and cyber bullying have become very common among school children in India. However, there are very few schools that have provided an institutional mechanism to deal with the same. Just like ragging in colleges, bullying and cyber bullying needs urgent attention of all stakeholders including schools, parents and Indian government.

Working in this direction, the Central Board of Secondary Education (CBSE) has issued CBSE Guidelines for Prevention of Bullying and Ragging in Schools 9th March 2015, Reg: (D.O. No. 12-19/2012-RMSA-I) (PDF). As per the guidelines, CBSE has directed all its affiliated schools to form an anti-bullying committee. The committee should comprise of vice-principal, a senior teacher, school doctor, counsellor, parent-teacher representative, school management representative, legal representative and peer educators.

According to Perry4Law’s Techno Legal Base (PTLB), school children in India must be suitably educated about cyber issues like cyber bullying. Protecting children in cyberspace is a collective responsibility of all stakeholders, including Indian government. At a time when Indian government is adopting Digital India project, our society at large is required to take care of our children while they use Internet and information and communication technology (ICT).

Similarly, Centre of Excellence for Cyber Security Research and Development in India (CECSRDI) has also recommended that the Digital India initiative of India must also include cyber security awareness for children within its objectives to protect our young generation.

This move of CBSE would go a long way in maintaining a disciplined environment in school and its cyberspace. However, CBSE must ensure that its guidelines are properly implemented in schools by insisting upon “compliance reports”, opines PTLB.

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Perry4Law Leads In Cyber Forensics And Cyber Security Legal Practice Worldwide

Perry4Law Leads In Cyber Forensics And Cyber Security Legal Practice WorldwideWhen we hear of fields like cyber security and cyber forensics, technology companies come to our mind. As the demands of clients have significantly increased, many non traditional professionals have also started providing services in these areas. One such professional branch is legal fraternity that has started providing services for areas like forensics audit, cyber forensics, cyber security, e-discovery, etc.

In the year 2002, Perry4Law Organisation (P4LO) was established and its segment Perry4Law Law Firm is the first and exclusive techno legal law firm of India. With more than a decade experience, P4LO and Perry4Law Law Firm have catered the needs of national and international clients in various techno legal fields.

Perry4Law has set a trend for cyber forensics and cyber security legal practice worldwide through its domain specific and highly specialised techno legal services. Its research works are frequently cited by scholars at national and international levels. What is more amazing is the establishment of dedicated online resources in the fields of Cyber Law, Cyber Security, Cyber Forensics, E-Discovery, Telecom Laws,  Intellectual Property Rights (IPRs), Corporate Laws, etc.

Praveen Dalal, managing partner of Perry4Law Law Firm and P4LO and leading techno legal expert of Asia, is a strong advocate of Civil Liberties Protection in Cyberspace. He believes that Human Rights Protection in Cyberspace must be Internationally Recognised. He also believes that E-Surveillance Projects of India need Parliamentary Oversight and Judicial Scrutiny.

Dalal is also a strong advocate of cyber and data security.  No Client would be happy if its/his/her confidential and sensitive documents are obtained through cracking/hacking the Law Firm Website or Database, opines Dalal. Perry4Law Law Firm uses the “Best Cyber Security Practices” recommended by International Organisations, informs Dalal.

P4LO has been providing various techno legal trends since 2006. Recently released techno legal trends include cyber forensics trends and developments in India 2014- Part 1, cyber security developments in India 2014 and cyber security trends of India 2015, cyber law developments in India 2014, telecom related developments in India 2014, etc.

With international level of techno legal expertise, P4LO and Perry4Law Law Firm are class apart and world leaders in techno legal services. Other Law Firms of India must also start providing services in techno legal fields if they have the requisite expertise in this regard.

Source: Cyber Security In India.

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