Monthly Archives: August 2014

China Plans To Strengthen Its National Security Law

China Plans To Strengthen Its National Security LawMaintaining national security is a tough task. In the present technology driven world, national security has to cover technology related aspects as well. For instance, every nation has to manage the issues of cyber attacks, cyber terrorism, cyber warfare, cyber espionage, etc. Cross border cyber attacks raise crucial and complex questions of conflict of laws in cyberspace. Similarly, national security laws must also ensure civil liberties protection in cyberspace.

China is planning to formulate a comprehensive national security law amid rapidly changing circumstances in online and off line worlds. However, like other countries, China has also stressed too much upon regulation and intelligence dependence than balancing the national security and civil liberties requirements. China has also decided to launch its own operating system to remove dependence upon foreign operating systems.

The proposed law seeks to punish companies and individuals engaged in spying and espionage activities. It also includes provisions pertaining to sealing, seizure and confiscation of device, money, venue, supplies and other properties that are related to espionage activities. Illegal income attributable to such activities can also be confiscated.

On the other hand, the national security policy of India is grossly deficient on numerous counts. The biggest lacuna is that it lacks a techno legal orientation and implementation. There are certain essential components of national security policy of India that are still missing. Even the national cyber security policy of India is defective and is still not implemented.

India has been planning to undergo technological upgrade of border broadcast infrastructure due to Chinese broadcasts. The Telecom Commission Cellular Loop’s Proposal would also strengthen mobile based surveillance on national security grounds in India. However, absence of a techno legal national security law of India is the biggest hurdle.

E-Commerce Business And Cyber Security Compliances In India

E-Commerce Business And Cyber Security Compliances In IndiaE-commerce business is predominantly based upon use of technology. For instance, websites are hosted on servers and can be opened only once a domain name is acquired. Domain name has become an important strategy for successful e-commerce in India. Similarly, protection of intellectual property rights (IPRs) and brand in the online environment has become a tough task.

Legal and regulatory compliances are sine quo non for the performance of any business in a legal manner. In the present times, these legal compliances have become very technical and cumbersome. This is more so when e-commerce business is involved. Cyber law due diligence (Pdf), e-commerce due diligence, cyber security due diligence, etc are some of the due diligence fields that e-commerce stakeholders of India are not complying with.

E-commerce business involves information and communication technology (ICT) for its conduct and operation. ICT introduces additional challenges like conflict of laws in cyberspace for various e-commerce stakeholders and law enforcement agencies. Cyber security challenges are also faced while doing e-commerce business.

E-commerce business is flourishing at a great speed in India. Most of the e-commerce entrepreneurs are concentrating upon commercial aspects with an eye upon profit motive. In this race they are ignoring techno legal requirements that may affect their rights in the long run.

For instance, e-commerce laws in India are spread across multiple legal frameworks and they are seldom followed by Indian e-commerce stakeholders. Even foreign e-commerce players and portals are required to be registered in India and comply with Indian laws.

Similarly, e-commerce players are required to comply with cyber law and cyber security regulatory compliances in India. A dedicated law for cyber security breaches disclosures is also in pipeline that would impose stringent obligations upon e-commerce players operating in India. Companies that would fail to comply with the cyber law due diligence requirements in India may be punished according to Indian laws.

The cyber security challenges for Indian companies are very difficult to manage in the absence of proper planning and management. Directors of Indian companies and e-commerce websites can be held liable for improper cyber security dealings in India.

Thus, cyber security regulatory compliances issues of e-commerce businesses in India cannot be ignored by various stakeholders except at the risk of litigations and heavy monetary compensations.

Online Pharmacies Legal Compliances Are Ignored In India

Online Pharmacies Legal Compliances Are Ignored In IndiaOnline pharmacies can be a viable alternative to offline pharmacies that are not readily available to all concerned. However, online pharmacies have their own unique regulatory and technical limitations.

Besides managing the legal issues of e-commerce, online pharmacies are also required to comply with pharmaceutical related laws. If the online pharmacy is selling its products across the nations, conflict of laws in cyberspace also create regulatory problems.

Laws of one country may allow such online pharmacies whereas laws of another country may prohibit the same. The recent case of FedEx Corporation is a warning for all those dealing with illegal online pharmacies. Similarly, illegal online pharmacies are on hit list of Google and federal authorities of United States.

Almost all of the online pharmacies of India are operating in an illegal and unregulated manner. Many of such online pharmacies are already under regulatory scanner. FDA Maharashtra has recently raided 27 online pharmacies located in Mumbai. Maharashtra FDA has also approached DCGI for regulating illegal online pharmacies operating in India. Many online pharmacies websites in India are controlled by underworld and organised criminal networks. Illegal online pharmacies and healthcare websites in India need to be curbed urgently.

Those interested in running a legal online pharmacy must understand and follow the laws regarding opening of online pharmacy stores in India. However, till now online pharmacies are operating in clear violation of Indian laws and India government has not taken any action in this regard.

Natgrid Project Of India

Natgrid Project Of IndiaIntelligence agencies technologies in India are kept secret for operational reasons. There are also very few public discussions and debates about use of such technologies by intelligence agencies of India. Also forums that discuss these issues are also missing. All we have a broad outline of the projects and initiatives pertaining to intelligence agencies.

Exemption from public disclosure laws of India has also complicated the situation as these agencies operate in complete secrecy. There is neither a parliamentary oversight nor judicial scrutiny of the functioning of these agencies and e-surveillance projects.

Some of the intelligence and law enforcement related technologies and projects include National Counter Terrorism Centre (NCTC) of India, Aadhaar Project of India, Crime and Criminal Tracking Network and Systems (CCTNS) Project of India, Central Monitoring System (CMS) Project of India, Internet Spy System Network and Traffic Analysis System (NETRA) of India, National Intelligence Grid (Natgrid) Project of India, etc.

While implementing the intelligence and e-surveillance related projects, Indian government has failed to cater the constitutional requirements like Parliamentary oversight, privacy and civil liberties protections, balancing national security and civil liberties protection, etc.

The Natgrid project of India has recently got a boost from Narendra Modi government. Work is in progress to make it operational. However, Natgrid project of India cannot be successful till it is implemented in a techno legal manner. Constitutional and civil liberties issues cannot be ignored by the Narendra Modi government anymore.

Banks In India Refuse To Give Direct Access To Natgrid

Banks In India Refuse To Give Direct Access To NatgridIn what can be termed as a major setback to national intelligence grid (Natgrid) project of India, banks of India have refused to give direct access to Natgrid project of their bank customers.

This was bound to happen as just like other projects of Indian government even the Natgrid project has been poorly implemented. We at Perry4Law believe that Natgrid project of India needs a techno legal implementation that is missing as on date.

Indian government should not force Natgrid project without considering the civil liberties requirements that have assumed great significance these days. Similarly, implementation of Natgrid without parliamentary oversight and e-surveillance policy would be great disaster.

Perry4Law wishes all the best to Indian government and hope that intelligence related shortcoming of Indian policies would be sorted out very soon for a transparent, accountable and robust intelligence infrastructure of India.

Twitter Updates Of Perry4Law And PTLB 01-08-2014

Twitter Updates Of Perry4Law And PTLB 01-08-2014Perry4Law and PTLB have been providing updates of its tweets at Twitter. We have been covering tweets about Perry4Law and PTLB shared either by us or by other companies/individuals.

The tweets are solely attributable to and are opinion of the person making the same and there is no endorsement by either Perry4Law or PTLB or any of its Partner/Associate/Affiliate etc of such tweet. These tweets are strictly personal opinion of the person making the same.

We wish to share the following tweets (from latest to older one) for the date 01-08-2014:

(1) FedEx Corporation’s Case Is A Warning For Those Dealing With Illegal Online Pharmacies Of India– Source: Techno Legal Blogs Of Perry4Law.

(2) Unconstitutional Biometrics Collection Practices In India Are Encouraged By Modi Govt. Protest And Resist– Source: CLPIC.

(3) Legal Issues In E-Commerce In India– Source: E-Retailing Laws In India.

(4) Telemedicine Laws And Regulatory Compliances In India– Source: CECSRDI Forums.

(5) How To Ensure Online Sales Of Prescribed Medicines In India In A Legal Manner– Source: E-Courts In India.

(6) Online Pharmacies In India Are Violating Indian Laws And Indian Govt Is Looking Helplessly– Source: E-Retailing Laws In India.

(7) Is Online Gambling And Betting Legal In India?– Source: Online Gambling Laws In India.

(8) Payment Gateway And POS Terminal Services Cyber Law Due Diligence In India– Source: Cyber Laws In India.

(9) How To Open A Legal Online Pharmacy Store In India Without Violating Indian Laws?– Source: Cyber Laws In India.

(10) Legal Formalities Required For Starting E-Commerce Business In India– Source: Corporate Laws In India.

(11) Online Poker Websites In India Are Violating Indian Laws And May Be Prosecuted– Source: Techno Legal Thoughts.

(12) Pharmaceuticals E-Commerce Legal Issues In India Are Not Complied With– Source: Techno Legal News.

(13) Praveen Dalal Explains Why Indian Central Monitoring System Is Dangerous And How It works. An Eye Opener– Source: CLPIC.

(14) Illegal Phone Tapping In India Is Still A Free Act With No Privacy Law In Sight– Source: CLPIC.

(15) Privacy Rights In India In The Information Age Are Violated By Both Congress And BJP Govts– Source: CLPIC.

(16) The Central Bureau Of Investigation Act 2010 Was (Congress) And Is Still (BJP) A PMO Failure (Praveen Dalal)– Source: CLPIC.

(17) FedEx Pleaded Not Guilty For Delivering Drugs From Illegal Online Pharmacies– Source: E-Retailing Laws In India.

We hope our readers would find these updates useful. We would share more of our tweets in the near future.

FedEx Corporation’s Case Is A Warning For Those Dealing With Illegal Online Pharmacies Of India

FedEx Corporation’s Case Is A Warning For Those Dealing With Illegal Online Pharmacies Of IndiaFedEx Corporation has been facing litigation in United State for alleged delivery of prescribed drugs from illegal Internet pharmacies. However, FedEx Corporation has pleaded not guilty to such charges and has decided to contest the same. This entire episode is an eye opener for those dealing with e-commerce websites or online pharmacies that are not complying with laws of the country where they are operating.

In the Indian context, most of the online pharmacies are operating in an illegal manner and without complying with Indian laws. They are inviting various legal risks by operating such illegal online pharmacies in India. The laws for opening of online pharmacy store in India are not at all followed by almost all the online pharmacies of India.

The position has become so worst that the Maharashtra FDA has approached the Drug Controller General of India (DCGI) for regulating illegal online pharmacies operating in India. FDA has also written to the DCGI to seek CBI intervention in the issue of what the FDA claims is smuggling of drugs to and fro from India through websites. It is also believed that many online pharmacies websites in India are controlled by underworld and organised criminal networks.

Online pharmacies operating in India believe that they are not required to comply with Indian laws. This is not true as they are required to comply with e-commerce due diligence and cyber law due diligence (PDF) requirements of India to escape various civil and criminal liabilities.

Indian government is also required to ascertain the number of transactions that FedEx Corporation has entered into with Indian online pharmacies and any possible violation of Indian laws especially the e-commerce laws of India and healthcare related laws of India. Perry4Law strongly recommend that online pharmacies operating in India must strictly follow the laws of India to make their dealings legal.