Wednesday, November 4, 2015

Virtual Law Campus (VLC) Of PTLB

Online legal education in India is still at the infancy stage. In fact, the concept of online education has not been accepted with full heart in India so far. Another area of concern is the academic nature of our educational system where there is no real choice between skills and degree. A blind race to acquire a degree would not bring any tangible benefits except unemployment and frustration. This is the reason why India must stress upon skill based education and trainings.

Skills based education and training can be effectively imparted if we adopt online education or e-learning methodology. This is more so in the legal education field that has mostly remained untouched by the use of information technology for educational purposes.

Perry4Law’s Techno Legal Base (PTLB) has been working in the direction of establishment and working of online legal education in India for long. Not only this, PTLB Virtual Campus is also providing many techno legal skills development, training and education courses in India and around the world through online education, distance learning and e-learning modes. We are also helping young school children in choosing the most appropriate courses for legal career. However, our courses have been designed for stakeholders ranging from school children to teaching faculties.

Taking these initiatives a step further, PTLB has launched two dedicated initiatives in these fields. These are launching of dedicated websites for virtual legal education campus (VLEC) of India and virtual law campus (VLC) of India by PTLB. These websites would be fully functional very soon and virtual legal education would get a new shape and meaning in India. Further, we have also launched Twitter accounts named PTLB Virtual Campus and Virtual Law Campus that would help in better coordination and information sharing between PTLB and various stakeholders.

The aim of these two initiatives and other educational projects of PTLB is to impart online legal education ranging from traditional fields to the most contemporary topics. For instance, PTLB has been managing online cyber law education in India for long. Cyber law is a contemporary legal area that requires techno legal expertise. There are very few cyber law education institutions in India and even lesser are cyber law experts in India. Thus, the demand for cyber law professionals is very great in India and other jurisdictions.

Similarly, areas like cyber security, cyber forensics, e-courts, online dispute resolution (ODR), e-discovery, etc also require qualitative educational institutions. The traditional universities or colleges are constrained by their own rules and courses but online education platforms are free to provide qualitative and customised techno legal courses.

PTLB is in the course of adding and introducing novel, qualitative and highly efficient training, skills development and education tools and technologies. We are also introducing some very unique and highly required techno legal and other courses that are not properly represented in present times. PTLB is also exploring tie ups and collaborations with universities, colleges and other online learning platforms in India and abroad.

Our initial idea is to use PTLB Virtual Campus for various techno legal courses, trainings and skills development programs like cyber law, cyber security, cyber forensics, etc. Whereas we intend to use Virtual Law Campus for legal fields and law courses that are imparted in universities and colleges. However, both Virtual Legal Education Campus (VLES) and Virtual Law Campus (VLC) would primarily cater the requirements of legal courses, trainings and skills developments initiatives though we may add other techno legal courses as well. PTLB would share more details about PTLB Virtual Campus, VLEC and VLC very soon.

Source: TLSDI.

Cyber Crimes And Cyber Attacks Insurance In India: A Techno Legal Perspective

Insurance business is well structured and well established in India. Even the regulatory framework in the traditional insurance sector is well managed by Indian government. With the passage of time, new avenues are now available for the insurance business. One such avenue comes from the adoption of information and communication technology (ICT) in our daily lives and the misuse of the same by criminal elements.

Perry4Law has been advocating use of cyber insurance since 2004 and from that year onwards we have been keeping a close watch upon the developments in this field at both national and international levels. Cyber insurance was adopted by developed nations earlier than India as it is only now that Indian insurance companies and Indian companies and other individuals have realised the importance of cyber insurance.

Information Technology Act, 2000 (IT Act 2000) prescribes adoption of adequate cyber security practices and cyber law due diligence (PDF) by Indian companies and individuals. Even technology companies, financial institutions and e-commerce websites are required to observe cyber due diligence in India and this requirement cannot be ignored anymore. A special attention must be given to the Information Technology (Intermediaries Guidelines) Rules 2011 (PDF) and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (PDF) by those engaged in technology related business in India.

Regulatory compliance requirements under the Indian Companies Act 2013 (PDF) have added many legal obligations on the part of Indian companies and their directors. These include the liability of directors for cyber law and cyber security breaches and a liability for not following cyber law and cyber security legal obligations while conducting the functions of their respective companies.

Foreign companies and e-commerce websites having a business presence in India would now be required to register in India. This would also make them amendable to Indian laws and to face legal obligations for their non compliances. For instance, the recent cyber breach at Target Corporation has exposed it to litigation in multiple jurisdictions around the world.

Cyber breaches in India would raise complicated cyber law issues in the near future. For instance, cyber security issues of e-commerce business in India need to be discussed and implemented by Indian government and insurance companies. Similarly, cyber due diligence must also be outlined and implemented for online payment makers. Maintenance and inspection of document in digital form under corporate laws of India would also raise privacy, data protection (PDF) and cyber security issues.

All these aspects need a dedicated techno legal framework that is presently missing in India. Similarly, corporate frauds investigations in India would need scientific technologies and methods like e-discovery, cyber forensics, etc. If cyber security (PDF) and cyber forensics (PDF) trends in India are considered, this is a big challenge for Indian government, insurance companies and other corporate stakeholders. If cyber insurance has to be considered to be a potential source of revenue by insurance companies and adequate protection by Indian companies, they have to work hard in their respective fields.

Merely entering into an insurance agreement for cyber insurance purposes would create more trouble than solutions as complicated techno legal issues are involved in international cyber crime and cyber attack cases. For instance, insurance companies and affected companies may also face and have to tackle conflict of laws in cyberspace, authorship attribution for cyber crime and cyber attacks, refusal and non cooperation by foreign governments and companies in cyber crimes investigations, etc.

In these circumstances, not only the cyber insurance agreements must be properly drafted by insurance companies but techno legal investigation skills must also be used for investigating cyber crimes and cyber attacks cases by both the affected companies and insurance companies.

Friday, October 30, 2015

International Legal Issues Of Cyber Attacks By Perry4Law Organisation (P4LO)

Anybody who has dealt with international cyber law and cyber security related issues must be aware that it is really tough to solve such cases. Being transnational in nature, cyber law and cyber security issues require international cooperation among various nations and law enforcement agencies.

For instance, if a simple exercise of internet protocol tracking is undertaken, it takes months before any information is received from a foreign jurisdiction. Even in such cases, these are exceptional cases and not a general practice. In this process, the crucial digital evidence is lost forever and the cyber crimes investigation becomes a cold trail.

As there is a severe conflict of laws in cybersapce, it is very important to be aware of various technology related laws of various jurisdictions. However, it is not possible to be aware of all the laws of various jurisdictions. In order to spread public awareness in this regard, Perry4Law Organisation (P4LO) has been managing a dedicated blog on international legal issues of cyber attacks and cyber security. It is the exclusive techno legal blog on the topic not only in India but in entire world.

The blog has covered many techno legal aspects like use of cyber espionage malwares, need for the national security policy of India, legal immunity against cyber deterrent acts in India, open source intelligence through social media websites, protection of Indian cyberspace, national counter terrorism centre (NCTC) of India, cyber security challenges of India, cyber preparedness of India, the Wassenaar Arrangement and cyber security issues, intelligence agencies reforms in India, banking cyber security, techno legal analysis of Gameover Zeus, cyber crimes insurance in India, smart cities cyber security in India, etc.

As on date we have no dedicated cyber security laws in India. This is the reason why cyber security is more ignored than complied with in India. Even the blooming e-commerce industry of India is devoid of required cyber security practices and requirements. Cyber security of banks in India is also not upto the mark. This has forced the Reserve Bank of India to constitute a IT subsidiary that would consider, monitor and prescribe cyber security related rules, regulations and practices for banks in India. Even the Companies Act 2013 has prescribed cyber security obligations for the directors of companies. This is in addition to the cyber law obligations of banks and directors of Indian companies.

It is well understood that international legal issues of cyber attacks are not easy to handle. Nevertheless, Indian government cannot afford to ignore this situation and it must urgently work towards making Indian cyber security robust, resilent and effective. P4LO hopes that our readers would find our blog on international legal issues of cyber attacks, cyber law and cyber security useful.

Source: CSRDCI.