Conflict of laws in Indian cyberspace is getting more and more complicated day by day as Indian government fails to take proper and stringent actions against social media websites like Facebook and technology companies like Google.
While these companies are openly refusing to comply with Indian legal requests yet Indian government has still to find a mechanism to make them comply with Indian laws especially the Information Technology Act, 2000, Code of Criminal Procedure, 1973 and other related civil and criminal laws of India.
These companies are willing to provide only that much of information as they may deem proper as per their own policies and local laws. Even when it comes to adhering to their own policies they are not strictly following to the same.
The Chandigarh Police cyber cell has recently faced this attitude of Facebook and Google. They have complained of lack of cooperation from United States located technology companies like Google and Facebook.
The cyber crime cell says that their investigation is not making any progress due to lack of cooperation from Google and Facebook. As per the records, the cyber cell here has received over 100 complaints about social networking sites – mainly Facebook – related to account hacking, creation of fake accounts, and uploading of objectionable pictures and posts in the past nine months (January to September), but only seven of them have been converted into First Information Reports (FIRs).
Although Facebook and Google may not be liable under the laws of United States for non compliance with requests and directions of law enforcement agencies of India yet these companies are “Internet Intermediary” within the meaning of Information Technology Act, 2000 and they are required to follow cyber law due diligence in India.
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 as per cyber law experts of India.