Center Of Excellence (CoE) For Internet Of Things (IoT) In India By Perry4Law Organisation (P4LO)

Praveen-DalalInternet of things (IoT) is the new buzz word these days. Everybody is talking about IoT because it has great business, commercial and personal use potential. IoT combines software, hardware and a communication infrastructure so that systems/devices can contact and communicate with each other in a non intrusive and automatic manner.

Like any other technology, IoT has its own used and challenges.  For instance, IoT can be used for smart grids, smart cities,  e-health, etc and thereby reduce their cost of operation and improve their productivity. However, IoT also has civil liberties and cyber security challenges to manage. Cyber criminals have already started abusing IoT controlled devices for launching malicious cyber attacks. As the technology protocols for IoT are still evolving, it is very difficult to avoid such cyber attacks.

Similarly, on the legal framework front, IoT has yet to be suitably regulated around the world. India has no dedicated law for IoT and some guidance can be found from the Information Technology Act, 2000 (IT Act, 2000). Indian government has issued the draft IOT Policy of India (pdf) and Revised Draft IOT Policy of India (pdf) but they are not sufficient to manage the complicated techno legal issues of IoT.

IoT is essential part of Digital India project of Indian government that is already heading towards rough waters in the absence of adequate cyber security and civil liberties protections. For instance, ensuring of cyber security for smart grids and smart cities is still a distant dream for Indian government. Similarly, IoT and Smart cities have to manage civil liberties issues as well that are presently ignored by Indian government.

Perry4Law Organisation (P4LO) has launched a dedicated and exclusive techno legal centre of excellence (CoE) for Internet of things (IoT) in India. We have covered many techno legal issues there that Indian government is required to manage in near future. We have been managing these issues for long and we would discuss the same at our CoE-IoT website in more details in our subsequent posts.

P4LO would help national and international IoT stakeholders in formulation and implementation of techno legal frameworks so that adoption and use of IoT can be as smooth and hassle free as possible.

Source: Perry4Law Blog.

Foreign Direct Investment (FDI) In E-Commerce Sector Of India 2016 Series

Foreign Direct Investment (FDI) In E-Commerce Sector Of India 2016 SeriesIndia is presently witnessing an e-retailing era. This is a golden time for e-retailing entrepreneurs who have multiple domains to explore. This is also a challenging period for the Indian government that is clearly struggling to deal with technology related issues. Some of these issues include taxation of online transactions by companies like Google, foreign direct investment (FDI) regulations for e-retailing companies, techno legal framework for online businesses, cyber security issues of e-retailing businesses in India, e-commerce dispute resolutions, etc.

As per the existing FDI policy, contained in the “Consolidated FDI Policy Circular 2015” (pdf) (FDI Policy) as amended from time to time, FDI up to 100% under automatic route is permitted in Business to Business (B2B) e-commerce. No FDI is permitted in Business to Consumer (B2C) e-commerce. However, FDI in B2C e-commerce is permitted if certain conditions are fulfilled.

However, companies are violating these norms by accepting FDI by citing different purposes for the use of such FDI money. Both the Reserve Bank of India (RBI) and Enforcement Directorate (ED) are aware of these issues but none of them has taken any action against the guilty individuals and companies. RBI is also maintaining a vigil over e-commerce gateway operators, many of whom store financial information about Indians on overseas servers, but is not imposing new stringent regulations on new form of transactions.

In other such developments, the Maharashtra’s FDA ordered filing of FIR against Snapdeal, its CEO Kunal Bahl, Directors and distributors for online sale of prescription drugs. There are many techno legal requirements to open online pharmacy stores in India that almost all e-retailing fail to adhere to. To deal with this nuisance, a dedicated online pharmacy law is needed for India. For some time it was believed that the Telecom Regulatory Authority of India (TRAI) may be given the task to regulate e-commerce in India. However, TRAI refused to take the additional responsibility in this regard.

As far as FDI is concerned, the documents titled Consolidated FDI Policy Circular Of 2015 By DIPP (pdf) and Guidelines For Foreign Direct Investment (FDI) On E-Commerce 2016 Series (pdf) would be helpful for detailed insight. However, Indian government must be ready for new challenges from global players. For instance, recently US sought trade rules for e-commerce and cloud computing under the WTO banner. Similarly, deep discounting and predatory pricing issues are also required to be resolved by Indian government. Taxation issues are already vexing Indian government for long. We hope that these issue would be resolved by Indian government very soon.

Source: E-Commerce Laws In India.

Domicile Laws In India

Domicile Laws In IndiaDomicile related issues are frequently involved while dealing with employment, succession, education, marriage and divorce and similar issues. Domicile is particularly relevant when legal rights and liabilities have to be decided that involve more than one legal jurisdictions.

Despite being such an important aspect, there is no set procedure to get a domicile certificate in India. In fact, there is no dedicated law of domicile in India as on date and legal issues of domicile are governed by different statutes, conflict of laws and common laws principles.

The basic principles regarding domicile are that:

(1) No person can be without a domicile.

(2) No person can at the same time for the same purposes have more than one domicile.

(3) An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.

The law of domicile in India can be traced under the Indian Succession Act, 1925. The domicile under the provisions of the Act can be classified under the following categories:

(i) Domicile of origin,

(ii) Domicile of choice, and

(iii) Domicile by operation of law.

The domicile of origin cannot be lost as such. Even when a domicile of choice is acquired, the domicile of origin will remain in a suspended state. A domicile of choice can be abandoned by a person when he or she ceases to reside in a country and ceases to intend to reside there permanently

or indefinitely. When a domicile of choice is abandoned either a new domicile of choice is acquired, or the domicile of origin revives by operation of law.

Perry4Law Law Firm hopes that our readers would find this article and related links worth reading

Resolve Without Litigation (RWL) In India

Resolve Without Litigation (RWL) Project Of Perry4Law Organisation (P4LO)Resolve Without Litigation (RWL) is a unique and revolutionary project of Perry4Law Organisation (P4LO). Please see the following in this regard:

(1) Official Websites of Resolve Without Litigation (RWL),

(2) Facebook Page Of Resolve Without Litigation (RWL),

(3) LinkedIn Page Of Resolve Without Litigation (RWL).

For more details, please see the document titled Resolve Without Litigation (RWL) Project Of Perry4Law Organisation (P4LO) (PDF).

Source: ODRM Forum.

Online Dispute Resolution (ODR) In India

Online Dispute Resolution (ODR) In IndiaTechnology can be used to resolve disputes among the parties even if they are located in different countries. Online dispute resolution (ODR) in India is also seen as a viable option to resolve disputes without litigation. ODR can be used for cross border e-commerce and technology transactions disputes that require urgent and cost effective resolutions.

Further, corporate disputes in India could also be resolved using ADR/ODR techniques. India has recently adopted the Digital India and Internet of Things (IoT) policies that would use technology to provide public services. This may result in growing use of e-courts in India and use of ODR in India in the near future.

We at Perry4Law Organisation  and Perry4Law’s Techno Legal Base (PTLB)  believe that use of ODR and e-courts at national level are bound to happen though not at the same pace and level as is happening at the international level.

Please see TLCEODRI and ODRM Forum for more.

E Courts 4 Justice (EC4J) Project By Perry4Law Organisation (P4LO)

E Courts 4 Justice (EC4J) Project By Perry4Law Organisation (P4LO)Electronic courts or e-courts have a significant role to play in effective and transparent judicial system. E-courts in India are still evolving and till December 2014 we are still looking forward to establish India’s first e-court.

Recently the e-court project of India faced a major setback when the e-committee refused to use audio and video recordings in lower courts. Similarly, the national litigation policy of India also needs a redraft and rejuvenation keeping in mind the changed circumstances and policies. For instance, the national litigation policy and the proposed amendments in the Indian arbitration law must also include concepts like e-courts and online dispute resolution (ODR).

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have initiated few techno legal projects in the fields of e-courts and ODR. For instance, an Online Legal Case Management System (OLCMS) of Perry4Law Organisation (P4LO) has been started as a prototype for our main project titled E Courts 4 Justice (EC4J). Updates in this regard would be available from time to time at our Twitter account named EC4J.

Similarly, in the field of ODR we have started few initiatives. These include a discussion forum titled Online Dispute Resolution Mechanism (ODRM) of Perry4Law Organisation (P4LO) and Online Case Management System (OCMS) of Perry4Law Organisation (P4LO).

The E Courts 4 Justice (EC4J) project by Perry4Law Organisation (P4LO) would provide techno legal services to national and international stakeholders. These techno legal services would include consultancy, training, skills development, litigation support, e-filing, e-discovery and many more such services.

We hope various stakeholders would find these projects of P4LO useful and we look forward to work with various government, non government, national and international stakeholders in this regard.

PIL Filed To Declare The Amended Goondas Act Of Tamil Nadu State Null And Void

PIL Filed To Declare The Amended Goondas Act Of Tamil Nadu State Null And VoidThe government of Tamil Nadu amended the Tamil Nadu Prevention of Dangerous Activities Act, 1982 (Goondas Act) on August 11 this year. This amendment brought into its scope cyber offenders and sexual offenders as well. This amendment has also added few legal and constitutional complications as well.

As expected, the amended Goondas Act has been challenged before the Madras High Court in the form of a Public Interest Litigation (PIL) that has directed the Tamil Nadu government to file counter affidavit within four weeks. The PIL sees to declare the amended Goondas Act, which brings cyber offenders and sexual offenders under its ambit, as null and void.

A Bench Comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan directed the government lawyer STS Moorthy to file counter affidavit and asked the petitioner S Raju, State Co-coordinator, Human Rights Protection Centre, Tamil Nadu, to file rejoinder within two weeks thereafter.

In his petition, Raju submitted that the government had amended the Goondas Act by bringing cyber and sexual offenders under its ambit omitting the word “habitual”. This means that the Act would allow an offender to be arrested even if he/she is a first time offender and the Act in its present form could be misused. He also submitted that preventive detention of a sexual offender would serve no purpose as speedy justice in this regard can be achieved only through expeditious investigation.

Similarly, he has also claimed that preventive detention of a cyber offender will deny the individual freedom of speech and expression as it is a prior restraint i.e. government action that prohibits speech or other expression even before it takes place. He believes that such prior restraint is impermissible and it makes much easier for the government to censor material and it places the censorial power in the hands of an administrative or executive authority.

The social media which depends only on the usage of IT to bring out information about “corrupt” politicians and information on government authorities, will be under restraint in the cyber crime using due to this “draconian act”, he alleged and prayed to quash the amended act and requested to declare it as null and void.