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FIRST WORKING GROUP ON CYBER LAW IN INDIA

Author's name: 
Kunal
DELHI, INDIA

The legal enablement of Information and Communication Technology (ICT) in India is becoming a big challenge for India. The Government of India alone cannot meet these challenges and we need “private initiatives” as well. With this noble objective in mind, Perry4Law, PTLB, PTLITC, etc are in the process of constituting a Working Group on Cyber Law in India headed by Mr. Praveen Dalal*, the Leading Techno-Legal ICT, Cyber Law, Cyber Security and Cyber Forensics Specialist of India.

The necessity of such working group is very pertinent. According to Mr. Praveen Dalal*, “India is ignoring the importance of cyber security and cyber forensics. The ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends by PTLB-2007, etc are examples of faulty ICT/E-governance strategies and policies of India. Further, Cyber Forensics Trends in India-2008 are also not conducive for the growth of legal enablement of ICT systems in India. The obvious result is that law enforcement, lawyers, judges, etc find it difficult to deal with issues involving ICT. The position is worst when it comes to investigation of cyber crimes committed through Wireless Networks. We cannot blame law enforcement, prosecution and judiciary in this regard as there is in an absence of proper legislative and policy support in India”.

The natural question that arises in this situation is can “Public Initiatives” fill the “Governmental Policy Vacuum”? Let us analyse this in the light of some of the Techno-Legal Initiatives by Perry4Law. Firstly, a very interesting “National Consensus Building Exercise” regarding development of capacity for legal enablement of ICT systems in India is taking place that has been spearheaded by Mr. Praveen Dalal and the leading Techno-Legal platforms of India like PTLB, PTLITC, etc. Secondly, on public request, a “Working Group on Cyber Law in India” is in the process of being constituted that would take care of the legal enablement of ICT systems in India. The same would consist of leading Organisations, Institutions, Industrial and Professional Bodies, Members of Civil Society and NGOs, Governmental Representatives, Lawyers, Judges, etc who have sound knowledge and expertise in the field of ICT. The Heads/CEO/Managing Partners of CA and CS Firms are also welcome to join this group as it includes areas like Corporate Law, Taxation issues, etc as well. At the same time assistance and services of “Volunteers” and “Associates” would also be sought who may though not be part of the Working Group but are nevertheless capable of providing ICT policies of India a “Good Shape”.

We have received tremendous National and International support in this regard. Not only the impacts of these initiatives are ground breaking but they have been followed by leading Industrial Bodies, Government of India, Government Agencies, etc. Public Initiatives like Consensus Building and Working Groups can fill the Governmental Policy Vacuum. We need good people who can take the challenging task of building a “Safe and Strong India”. At the same time we need good public awareness that may result in lesser exploitation of ICT resources accessible in public spaces. The public at large and government officials must be educated about the risks of cyber crimes in India

Not only Public Initiatives can fill the policy Vacuum but they have been instrumental in guiding the Government of India, Indian Industrial Bodies, Government Departments, Ministries, Government Agencies, etc in the recent past. The following are the examples of the same:

(a) Government of India and its Departments. Government of India (GOI) and Departments like Department of Information Technology (DIT) and Department of Science and Technology (DST) accept the recommendations and suggestions of those who have an expertise in the respective fields. For instance, the Government of India has recently accepted the recommendations of Mr. Praveen Dalal once again and has announced to amend the Information Technology Act, 2000 (IT Act, 2000), the only cyber law of India, keeping in mind the requirement of cyber forensics in India.

(b) GOI Agents and Instrumentalities. Take the recent example of the Centre for Development of Advanced Computing (CDAC) which proposes to launch an awareness programme on PKI. CDAC woke up to the call of Cyber Security Trends by PTLB-2007, Cyber Forensics Trends in India-2008, etc of Perry4Law.

© Industrial bodies like FICCI, NASSCOM, etc. The Federation of Indian Chambers of Commerce and Industry (FICCI) and the Maharashtra Police have decided to launch a drive to secure Wireless Networks across the state after the expert advice of Mr. Praveen Dalal in this regard. NASSCOM would be organising a short awareness campaign on cyber safety and cyber security issues in Thane after the suggestions of Perry4Law.

We hope these public initiatives would prove very effective for India in general and Indian citizens in particular.

*About Mr. Praveen Dalal

Mr. Praveen Dalal is the Managing Partner of Perry4Law and heading its PTLB, PTLITC, and other Techno-Legal Divisions that are providing Cyber Law, Cyber Security and Cyber Forensics Assistances and Services. Perry4Law is the First and Exclusive Techno-Legal and ICT Law Firm in India and is in operation since 2002. It deals with legal issues associated with ICT and use of ICT for legal purposes. PTLB and PTLITC are few of the Techno-Legal ICT initiatives of Perry4Law and are in the process of upgradation and formalisation. Mr. Praveen Dalal’s specialisations include areas like Cyber Law, Cyber Security, Cyber Forensics, Digital Evidencing, Corporate ICT Compliances, etc.

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