Archive for ◊ November, 2012 ◊

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• Wednesday, November 21st, 2012

User ID De-Activation Form- E- Court Fees Payment For Judicial PurposesE-Courts in India and online dispute resolution (ODR) in India are still in the infancy stage. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been managing the exclusive techno legal e-courts consultancy and training centre of India.

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a user, you can download the user id de-activation form- e- court fees payment for judicial purposes.

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• Wednesday, November 21st, 2012

User ID Creation Form For ACC- E Court Fees Payment For Judicial PurposesE-Courts in India and online dispute resolution (ODR) in India are still in the infancy stage. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been managing the exclusive techno legal e-courts consultancy and training centre of India.

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a user, you can download the user id creation form for ACC- E- court fees payment for judicial purposes.

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• Wednesday, November 21st, 2012

Application Form For Court Officials-E- Court Fees Payment For Judicial PurposesE-Courts in India and online dispute resolution (ODR) in India are still in the infancy stage. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been managing the exclusive techno legal e-courts consultancy and training centre of India.

Now e-courts fees payment for judicial purposes has been allowed in New Delhi, India. If you are a court official, you can download the application form for court officials-e- court fees payment for judicial purposes.

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• Saturday, November 10th, 2012

Websites Blocking In IndiaThe blocking of Zone-H website in India shows how easy it is to get any qualitative and genuine site blocked. All you need is an ex parte order from a competent court and the rest would be taken care of by the Indian judicial system that taken decades to get a dispute resolved. Effectively and practically it means blocking of Zone-H website for more than 20 years or so unless challenged successfully in India.

Of course, you can access the Zone-H website in India if you wish to do so. Further, using of TOR Software would also allow you to access the website of Zone-H or any other blocked website. But this recourse is unfortunate to say the least.

India is a Democratic Country with a Right to Speech and Expression, informs Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and CEO of India’s exclusive Human Rights Protection Centre for Cyberspace. Unfortunately, Websites Blocking and Internet Censorship in India have increased significantly, informs Dalal. At times, there is little application of mind while blocking a website in India, says Dalal.

Recently, Blogspot domain was blocked in India once again. It was not clear why Blogspot was blocked in India though some tried to provide an explanation and reasons of the same. It may be an “experimental blockage” that took place at the point where Internet traffic enters and exits India.

This exercise may have different names. Some may call it an Internet Kill Switch (IKS) whereas others may call it a centralised monitoring system (CMS). Whatever the name you may wish to give it, we need measures to prevent its abuse in India.

Similarly, even the Judiciary of India must change its attitude towards Blocking of Websites, suggests Dalal. The Blocking of Zone-H Website and its Continuance only gives a bad taste and shows lack of sensitivity towards this issue, suggests Dalal. If Courts and Executive take wrong or hasty decisions, Self Defence in Cyberspace seems to be the only choice for citizens of India, opines Dalal.

Indian citizens must fight website blocking and Internet censorship in India. This is more so when the draconian and unregulated powers have been self conferred by Indian government and its agencies upon themselves without any procedural and civil liberty safeguards.

Source: Cjnews India

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• Saturday, November 10th, 2012

Internet Censorship In India Has IncreasedInternet has been under constant and furious attacks all over the world. The fact is that Internet is under potential threat these days. The threat is not only from malicious users, rouge nations and automated viruses and worms but also from our own governments.

Take the example of Internet kill switch (IKS) that has been increasingly seen as a solution to cyber threats. But IKS is no solution to cyber security threats. Rather it is a remedy worst than the malady and would prove dangerous in the long term.

The only purpose of IKS is to strengthen the e-surveillance powers of governments and its agencies. This is the reason why we must have anti Internet kill switch measures at hand.

Internet censorship is a result of this desire to control the Internet and online activities of netizens. Internet censorship has drastically increased in India in recent times. With adoption of projects like central monitoring system (CMS) by Indian government, this is quiet clear. Like other projects, CMS also is not under parliamentary scrutiny and this raises serious civil liberties violations issues in India.

Recently Blogspot was blocked in India once again under an “experimental blocking” exercise. It is believed that the same has been done using the CMS of India. This exercise was undertaken to analyse the websites blocking capabilities of Indian government and its agencies.

India has a draconian but cyber criminals’ friendly cyber law in the form of information technology act, 2000 (IT Act 2000). It was amended in 2008 to confer unregulated e-surveillance, Internet censorship and website blocking powers to Indian government and its agencies. The present cyber law of India is an unconstitutional one in the absence of procedural safeguards that can prevent these abusive draconian powers under the IT Act 2000. It requires an urgent repeal.

If at all India is serious about national security and cyber security, it must formulate a national security policy of India. This policy must cover issues like national security, cyber security, internal security, external security, etc. It must also provide constitutionally sound guidelines regarding cyber security and national security.

Presently, e-surveillance, phone tapping, interceptions, etc are not done under a constitutionally sound law. In fact, India has no constitutionally valid phone tapping and lawful interception law so far.

If India wishes to safeguard its cyberspace, Internet censorship is no solution. Rather, Internet censorship does not give positive results and always gives a bad taste afterwards. India must seriously consider this aspect and come up with effective laws and policies regarding lawful and constitutional regulation of Internet in India.

Source: Cjnews India

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Author:
• Saturday, November 10th, 2012

PRAVEEN DALAL MANAGING PARTNER OF PERRY4LAW CEO PTLBCentral Monitoring System Project of India (CMS Project of India) is a very crucial project to safeguard Information and Communication Technology (ICT) related security and e-surveillance issues in India. It is mooted by the Central Ministry of Communication and Information Technology (MCIT).

The aim of CMS Project of India is to have a “Centralised Mechanism” where Telecommunications and Internet Communications can be analysed by the MCIT, Indian Government and its Agencies. Some have called this mechanism as the Internet Kill Switch of India where Internet Communications all over India can be suspended through this mechanism.

Recently, the United Nations declared “Right to Access” to Internet as Human Right. This would have a positive impact upon many Human Rights in Cyberspace. For instance, Right to Speech and Expression, Right to Privacy, Right to Know, etc cannot be violated by the CMS Project of India. United Nations must expand Human Rights Protection to many more issues.

This is the real problem for the CMS Project of India. We have no dedicated Privacy Laws in India, Data Security Laws in India and Data Protection Laws in India. Further, the CMS Project of India is also beyond the “Parliamentary Scrutiny”. The Cyber Law of India, incorporated in the Information Technology Act 2000 (IT Act 2000), was drastically amended through the Information Technology Amendment Act 2008 (IT Act 2008).

The IT Act 2008 incorporated various “Unconstitutional Provisions” in the Cyber Law of India that clearly violates the Human Rights in Cyberspace. For instance, provisions regarding Internet Censorship, Website Blocking, Encryption and Decryption, etc have no inbuilt “Procedural Safeguards” as mandated by the Constitution of India. This is the reason why the Cyber Law of India needs to be repealed.

Further, we have no E-Surveillance Policy in India. Even Phone Tapping in India is done in an “Unconstitutional Manner” and even by private individuals with or without Governmental approval.

If CMS Project of India has to be “Legal and Constitutional” it must be subject to “Parliamentary Oversight”. Further, the IT Act 2000 must be repealed as soon as possible as it is clearly not in conformity with the Constitution of India and Civil Liberties Protection in Cyberspace.

Of course, if India Government persists in this “Unconstitutional Approach”, taking recourse of “Self Defence Measures” is not a bad option. Rather that remains the “Sole Option” when our Parliament, Executive and Judiciary fail to protect Fundamental Rights enshrined in the Constitution of India and the Human Rights Charter of United Nations.

Source: ICTPS Blog

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• Saturday, November 10th, 2012

Fight Websites Blocking And Internet Censorship In IndiaBlogspot has been subjected to domain blocking on numerous occasions in India. The latest in the series is the blocking of Blogspot domain by Indian internet service providers (ISPs).

As more and more blog owners are reporting non access to their blogs, the issue must be investigated. In fact, a dedicated thread has been started at Google’s help forum to address this problem.

Till now there has been neither any confirmation nor denial of this issue by Google. An official response from Google may be expected very soon.

However, blocking of websites or internet censorship should not be taken lightly in India. Information technology act, 2000 (IT Act, 2000) was amended by the information technology amendment act, 2008 (IT Act, 2008) to confer unrestricted and unregulated internet censorship, website blocking and e-surveillance powers upon Indian government and its agencies.

Even after Kapil Sibal took charge of the ministry of communication and information technology (MCIT), nothing in this regard has improved. Even he is indifferent towards providing adequate safeguards to protect civil liberties of Indian citizens from vast and unregulated powers under the IT Act, 2000.

Fortunately, some self defence measures have been suggested by noted techno legal expert of India Praveen Dalal. He has also provided the resources through with the blocking of websites and internet censorship can be defeated in India.

Internet users in India can avail these self defence measures and resources mentioned at the site. We would keep on updating all of you about the situation.

Source: Cjnews India

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• Saturday, November 10th, 2012

Is Internet Kill Switch A Solution To Cyber ThreatsInternet kill switch (IKS) has been in controversies for long. Legislative exercise to allow President of America to use the IKS in cases of national emergencies has started once again. The crucial question that arises at this time is whether IKS is a solution to growing cyber threats like cyber espionage, cyber warfare and cyber terrorism?

Some experts claim concept of IKS does not exist at all since Internet cannot be killed absolutely by any nation. They have even labeled IKS as a misnomer and suggested that instead of this endemic e-surveillance exercise, countries must concentrate upon better cyber security.

I would not go into the discussion whether IKS can kill or paralyse Internet at all. My limited concern is whether IKS is a solution to growing cyber threats world wide? I believe that IKS is definitely not a substitute for robust and effective cyber security.

While IKS may be a back door attempt to engage in endemic e-surveillance exercises, it has little to do with effective cyber security practices. Cyber criminals all over the world are engaged in stealing sensitive information and compromising more strategic computer systems. Some of them are even stealth in nature with no sign of their existence.

The real threat is from these stealth cyber criminals who have control over many strategic computers. Think about a situation where these cyber criminals get the control of IKS itself. The first such attempt would definitely come from enemy and rouge states. By developing an IKS we would be allowing these enemy states to take control of our cyberspace.

Of course, IKS would be strongly guarded by robust cyber security measures but are these measures sufficient enough? I think they are not because if they are sufficient enough to prevent cyber attacks, we would no more need an IKS. We can deploy the measures meant for IKS itself to guard our own cyberspace from foreign intrusions. Let us think about it before jumping upon the IKS wagon.

Source: Cyber Laws In India

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Author:
• Saturday, November 10th, 2012

PRAVEEN DALAL MANAGING PARTNER OF PERRY4LAW CEO PTLBOf late lots of people are using the term “Internet Kill Switch”. But is it possible to kill Internet altogether or is it possible to completely turn off Internet in a big country that is highly dependent upon computers and Internet?

While Egypt has proved that a complete shut off of a national portion of Internet is possible but this does not mean that a single country, even United States of America, can shut off the entire Internet. So Internet kill switch seems to be a “Misnomer” to me. No body has a complete and centralised control over Internet at the International level.

If it is a simple case of restriction of access to certain sites, use of proxy server can circumvent the same. But when there is no Internet at all, proxies cannot work and online communication comes to a halt.

So how does a regional or national Internet segment is shut off? The technical requirements to shut off a portion of Internet are not complicated at all. All the authority in control need to do is to make a simple change to the instructions for the companies’ networking equipment. The router configuration file is changed by this command and upon executing the command, the relevant portion of Internet is shut down.

But is it possible to shut down Internet absolutely even within a small area or country? I do not think so. We can cut off almost all International connectivity, but there are lots of ways to get out onto the Internet: satellite phones, obscure ISPs in Canada and Mexico, long-distance phone calls to Asia, says Bruce Schneier.

Even in Egypt people have turned to landline phones, fax machines and ham radio in order to communicate messages out of the country. Similarly, people can call a number to reach a modem available in another country which directs them with access to the outside world. In fact, satellite modems and phones are entering Egypt in order to bypass Government controlled telecommunication companies to connect with the United States or Europe.

Meanwhile, USA has decided to enact a law that empowers the President of America to use Internet kill switch. However, the bigger question remains whether USA can actually use this kill switch with thousands of internet service providers (ISPs). Egypt was able to shut down the internet because there were very few ISPs that are closely regulated by the Government. The same is not possible for USA even for commercial, technical, Constitutional and Other Reasons.

As a matter of fact, even if all the countries of the World decide to shut off the Internet, people would form their own Internet and communicate through the same. Instead of wasting resources upon initiatives like kill switch, countries must concentrate more upon securing critical infrastructure and sound cyber security and this applies to India as well.

Source: PTLB Blog

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