Conflict Of Laws Scenario In Indian Cyberspace

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBOne of the most complex problems of Cyberspaces is that Jurisdictional Issues are not easy to determine and enforce. The Sovereignty of Nations is often found clashing with each other where each Nation tries to enforce its own Laws and Policies. This is the reason that Conflict of Laws in Cyberspace can be found very easily.

Many Technology Companies are incorporated in United States but they have global presence are often found in Conflict of Laws situation in India. These U.S. Companies include Companies like Google, Microsoft, Yahoo, Facebook, Twitter, etc. These Companies are required to follow Cyber Law Due Diligence in India otherwise they can be Criminally Prosecuted in India. Cyber Law Due Diligence for Companies in India has now been well established by the Information Technology Act, 2000 (IT Act 2000).

These Companies are also Intermediary within the meaning of IT Act, 2000 and they are bound by statutory defined Internet Intermediary Liability in India. It is very clear that Cyber Litigations Against Foreign Websites would increase in India.

Foreign Countries, especially European countries, have prescribed stringent provisions for Technology Companies and they follow the same religiously. However, when it comes to Indian Laws, these Foreign Companies cite one excuse or other to avoid compliance with them.  The Cyber Law of India applies to Technology Companies like Google, Facebook, etc no matter whatever excuse they may take this regard.

It is a well known fact that Companies like Google are not complying with Indian laws and Indian Government is not doing much in this regard. Of course, Indian Government may force Companies like Facebook, Google, etc to Establish Servers in India by allowing them to commercially operate in India only once they comply with Indian Laws. This is a much needed step in the present circumstances.

Even Mutual Legal Assistance Treaties (MLAT) are not very effective in all cases. Recently the United States refused to serve Indian summons upon Technology Companies including Google Facebook, etc. Similarly, United States also blocked Indian attempt to make Companies like Google, Facebook, etc comply with Indian laws.

At Perry4Law and Perry4Law’s Techno Legal Base (PTLB) we believe that Indian Government must take “Urgent Steps” to force these Technology Companies to comply with Indian laws. Indian Government must use Techno Legal Methods to achieve this objective.

Similarly, steps against Indian Companies and Intermediaries must also be taken as right now they are not taking Indian Laws seriously and this gives a bad signal to other Companies. We would be glad to help Indian Government and Law Enforcement Agencies in achieving these much needed objectives.