Techno Legal Updates Of India 09-03-2015 By PTLB

Techno Legal Updates Of India 09-03-2015 By PTLBThis is a roundup by Perry4Law’s Techno Legal Base (PTLB) of the recent national and international events, news and views. The roundup includes fields like cyber law, cyber security, digital India, skills development and trainings, e-mail policy of India, censorship by Google and Twitter of dissenting digital India related topics, etc.

The detailed roundup is as follows:

(a) Online Card Games: Online card games in India are still legally risky in the absence of any clear cut position from the Supreme Court of India and Indian government. The issue is pending before the Supreme Court of India and it may take some more years before the issues would be finally resolved. As on date, the online card games websites in India are in limbo and in state of legal uncertainty.

(b) Skills Development: The need to develop skills in India has been reiterated once again by PTLB especially for the law enforcement and intelligence agencies of India. There is also a possibility that United States agencies like FBI would train Indian intelligence officials for cyber terrorism and related issues. PTLB believes that online skills development methods must be developed by Indian government to meet its skills development objectives.

(c) Censorship By Google And Twitter: In a bizarre incidence, the dissenting tweets and posts regarding digital India were censored by both Google and Twitter repeatedly. PTLB condemns these censorship activities of Google and Twitter and hope that both of these companies would respect civil liberties in cyberspace in the future.

(d) Internet Safety Campaign: In a welcome move, Indian government has decided to launch an Internet safety campaign. We at PTLB welcome this move of India government. At the same time we also recommend that school children in India must be suitably educated about cyber issues so that they do not become victims of cyber criminals.

(e) Digital India: In a complete U turn, Indian government has shown little respect to civil liberties in cyberspace. Not only Indian government is censoring Aadhaar related critical views but even opinions reflecting the shortcomings of digital India project have been censored. By clubbing the digital India project with Aadhaar, Indian government has made digital India the digital panopticon of India.

(f) E-Mail Policy Of India: Indian government has finally enforced the e-mail policy of India. As per the notified e-mail policy, using private e-mail services have been banned for official communications in India. This is a good step in the right direction and PTLB welcomes the same.

(g) First CISO Of India: Dr. Gulshan Rai has been appointed the first chief information security officer (CISO) of India. PTLB welcomes this move of Indian government as it would go a long way in strengthening of cyber security of India. This CISO position would operate directly under the PMO.

PTLB hopes that this update would be useful to our readers and all the stakeholders. Please revisit this website and other blogs of PTLB for more updates.

Source: P4LO Blog.

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Digital India And Aadhaar Combination Is Digital Panopticon Of India: CEPHRC

Digital India And Aadhaar Combination Is Digital Panopticon Of India CEPHRCDigital India is an initiative that is of great importance if implemented appropriately. However, owing to its shortcomings, Digital India may become the most contentious project of India till now. The nastiest part about Digital India project is that it has become the Digital Panopticon of India that also without any parliamentary oversight and judicial review.

In fact, Digital India is being enforced in actual contempt of Supreme Court that has directed (PDF) that Aadhaar cannot be made mandatory for government services. Indian government has communicated to the Supreme Court that Aadhaar is not compulsory for government services but the reality is that Aadhaar has been made compulsory for nearly all the digital and non digital services of Indian government.

So terrible is the condition that Twitter is censoring dissenting tweets about Aadhaar as well. Aadhaar is a topic that is heavily censored in India and any kind of dissent is instantly censored by platforms like twitter.

However, Supreme Court itself is responsible for this situation as it failed to declare the e-surveillance project Aadhaar as unconstitutional.  Both Parliament of India and Indian Supreme Court have failed to fulfil their constitutional duties to protect the Fundamental Rights and Human Rights of Indian Citizens in this regard.

As a result unconstitutional and illegal biometrics collection is happening in India without any sort of control and reasonableness. Digital India has become the Digital Panopticon of India because our parliament and Judiciary has not done what the constitution fathers have mandated them to do.

Source: Centre Of Excellence For Protection Of Human Rights In Cyberspace (CEPHRC).

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Perry4Law Tops Cyber Forensics And Cyber Security Legal Practice Worldwide

Perry4Law Tops Cyber Forensics And Cyber Security Legal Practice WorldwideLegal and technological fields are not compatible and are seldom pursued simultaneously. However, in a competitive world stakeholders and service providers are changing their traditional roles.

Technology companies are hiring lawyers for legal process outsourcing (LPO) services and lawyers are hiring technology experts for legal purposes. This situation has given rise to a new breed of legal services popularly known as techno legal services.

In the year 2002, Perry4Law Organisation (P4LO) was established and its segment Perry4Law Law Firm is the exclusive techno legal law firm the world. With more than a decade experience, P4LO and Perry4Law Law Firm have acquired tremendous national and international reputation.

Perry4Law has set trend for cyber forensics and cyber security legal practice worldwide. Perry4Law is also the leading techno legal services provider of the world in the fields of cyber forensics and cyber security.

As apart of its social responsibility, P4LO and Perry4Law Law Firm have been managing numerous techno legal blogs in the fields like Cyber Law, Cyber Security, Cyber Forensics, E-Discovery, Telecom Laws,  Intellectual Property Rights (IPRs), Corporate Laws, etc.

P4LO has also 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, cyber forensics developments in India 2014, etc.

There are many techno legal requirements for starting e-commerce business in India. Most of the e-commerce companies operating in India are not complying with e-commerce laws of India. From online gaming to online pharmacies, there are multiple legal requirements that are required to be complied with.

So if you are looking for techno legal services in the fields like cyber law, cyber security, privacy protection, civil liberties issues, telecom issues, cyber forensics, e-discovery, etc, Perry4Law is definitely the number one choice.

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Supreme Court Seeks Centre’s Response On Online Rummy And Card Games In India

Supreme Court Seeks Centre’s Response On Online Rummy And Card Games In IndiaOnline gaming and gambling laws in India are outdated and need to be re-enacted. They have not been able to cope up with the ambitions and entrepreneurship initiatives of various online gaming stakeholders in India. Online gaming industry of India is fast maturing but the laws in this regard are not adequate. After many rounds of litigation, the matter has finally reached to the hearing stage at Supreme Court of India. The decision of Indian Supreme Court may establish legality or illegality of online games like rummy, poker, etc.

According to New Delhi based techno legal ICT law firm Perry4Law, online rummy and online poker may still be illegal and punishable despite this judgement of Supreme Court. This is because Indian Supreme Court is not dealing with the legality of online rummy and online poker in strict and absolute sense. As a result the legal position in this field would remain a grey area. In fact, a decision by Supreme Court without any legislative support may be counterproductive, opines Perry4Law.

Even Supreme Court is aware of this situation and this is the reason why it has asked the central government to clarify its stand on the legality or illegality of online games like online rummy, online poker, etc in India. As on date, both third parties and the parties to the litigation are in a legally risky position. The next hearing of the matter has been fixed for September 25, 2014

There are no specific laws for online rummy and online poker in India. At times it is very difficult to decide whether it is legal or not to play online poker in India and what are the legal obligations of running an online poker websites in India. There are many legal risks even for websites companies developing online gaming websites in India. Taxation issues of online poker in India are also required to be sorted out as soon as possible.

It would be in the interest of all the stakeholders if Indian government brings clarity and uniformity in the online gaming legal framework of India, opines Perry4Law.

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Intelligence Reforms In India Needed Opines Praveen Dalal

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBIntelligence agencies of India have been operating in an unaccountable manner in India since the very inception. However, this type of conduct is not permissible in a constitutional and democratic country like India.

Despite various constitutional limitations, successive governments in India have been using intelligence agencies of India for their personal and private purposes that also without any parliamentary oversight.

A dedicated discussion forum titled Intelligence agencies and law enforcement technology in India has been managed by New Delhi based techno legal think tank Perry4Law Organisation. A dedicated discussion group on intelligence related techno legal issues has also been launched at LinkedIn by Perry4Law law firm.

These initiatives have shown that government of India is not at all interested in bringing transparency and accountability to the intelligence agencies of India. According to Praveen Dalal, managing partner of Perry4Law and CEO of PTLB, intelligence agencies reforms in India are urgently needed.

Experts also believe that Indian government must also ensure privacy rights to Indian citizens. Recently telecom company Vodafone revealed that governments across the world, including India, have been using secret wires to indulge in e-surveillance upon its citizens. The Department of Telecommunication (DoT) is already investigating this issue but till a public report is issued by it very soon, the entire exercise would be time gaining exercise only believe experts.

Let us hope that the Modi government would improve the condition of Indian intelligence agencies and ensure accountability and transparency in their functioning.

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