Monday, 30 April 2012

Google Fears Controversial Posts

Of late Google has been increasingly succumbing to governmental and private companies’ pressures and is censoring useful and controversial posts. Even a dedicated website titled Websites, Blogs and News Censorship by Google and India has been launched to cover the censorship activities of Google in general and violation of civil liberties by Google and Indian government in particular.


The latest to add to this list is the news article titled Vodafone taxation, parliament, international treaty and taxation issues of India.  The same has been reported by the post titled Vodafone taxation dispute in India and censorship by Google.

Not only news, but even other posts and articles are deliberately censored and deleted by Google. They resurface again only after this fact of censorship is publicly discussed.

It is high time for Google to mend its ways as these activities of Google also amount to abuse of its dominant position. If manipulations and censorships are guided by commercial interests and by these activities the civil liberties are violated, this is a serious issue.

Regulators across the world must investigate this behaviour of Google and come out with their own explanations in this regard.

Saturday, 10 March 2012

E-Judiciary And ODR In India

Electronic courts and online disputes resolution (ODR) in India are two areas that require immediate attention of union ministry of law and justices, India. E-courts have been ignored for more than nine years and till March 2012 we are still waiting for the first e-courts of India. The ground reality is that e-courts and ODR in India are still ignored by the legal and judicial system of India.

So for a majority of purposes electronic delivery of justice in India has failed. There are many reasons why e-delivery of justice in India has failed but the main reason is lack of techno legal expertise to manage e-courts in India. For instance, we have a single techno legal e-courts training and consultancy centre of India managed by Perry4Law Techno Legal Base (PTLB). There is no second firm or company in India that deals in techno legal e-courts related issues except the one managed by PTLB.

Even there is little connection between international commercial arbitration in India and ODR. For instance, online commercial arbitration in India is still a dream. While western countries are resolving e-commerce disputes through technological mediation, e-commerce disputes resolution in India is still dependent upon traditional litigation methods.

Similarly, corporate disputes and online disputes resolution in India are also unrelated. Corporates in India prefer to use alternative dispute resolution (ADR) mechanisms to resolve their disputes. But these corporates are shying away from using ODR for their disputes resolution. Perhaps lack of expertise and lack of trust are the reasons for limited growth of e-courts and ODR in India.

Friday, 2 March 2012

Electronic Commerce Laws In India

Electronic commerce is the buzz word these days. Many national and international players are exploring e-commerce field. While e-commerce is well known and widely used in western countries, it is still at the infancy stage in India. Further, we have no dedicated electronic commerce laws in India.

E-commerce regulations and laws in India can be found under the information technology act (IT Act 2000) that is the cyber law of India. It prescribes basic level legal requirements for undertaking e-commerce in India. However, besides the IT Act, 2000 we have no dedicated e-commerce laws in India.

So what does techno legal experts of India think about e-commerce environment and regulatory aspects of the same? According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of Asia, E-Commerce in India requires compliance with various Statutory Laws of India. The chief among them are the Cyber Law of India, Indian Contract Act, Privacy and Data Protection Regulations, Cyber Security Regulations, Foreign Investments Regulations, etc.

Although E-Commerce in India has great potentials yet Legal Aspects of E-Commerce in India must be taken care of before launching an E-Commerce Project or Website, suggests Praveen Dalal.

With growing establishment of e-commerce websites and platforms in India, disputes are also bound to arise. E-commerce lawyers and law firms in India have been suggesting active use of information technology for e-commerce dispute resolution in India. For instance, online dispute resolution (ODR) in India can be used for resolving transborder e-commerce disputes. Similarly, e-courts and ODR in India can also be used for resolving various e-commerce related disputes in India.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have been providing the exclusive techno legal ODR services in India for resolving e-commerce and various technology related dispute resolutions in India.

Keeping in mind the future and growth of e-commerce in India, it would be a good idea to formulate a dedicated e-commerce law for India. It may cover all the abovementioned aspects to make it holistic and comprehensive.

News, Blogs And Websites Censorship By Google

Most of you may aware that Google often removes offensive contents on valid legal requests. However, Google also refuses to remove an alleged offending content if it feels that the content accused to be offensive or violative is not violating Google’s terms and conditions and its policies.

However, what about those contents, blog posts, news articles and websites searches those are clandestinely manipulated, removed or demoted by Google? There is no account of such contents that are removed by Google in its sole discretion and without any justification.

I just came across a very good blog titled Websites, Blogs and News Censorship by Google and India that is providing first hand information and unique information about censorship and results manipulation aspects of Google. Although Google gives an idea about the number of governmental requests for blocking of websites and removal of objectionable contents yet Google does not make it public. This Blog would fill that gap, at least regarding some controversial topics of India.

Some of the areas that are covered by the blog are Aadhar project, central monitoring system (CMS), e-surveillance, human rights in cyberspace, international organisations, internet censorship, national cyber coordination centre (NCCC), national intelligence grid (Natgrid), national counter terrorism centre (NCTC), news, phone tapping, websites blocking, others, etc.

Blogs, news and websites manipulations by Google in these areas have been covered by these categories that are frequently updated. This blog is one place stop for all censorship and contents manipulation and removal exercises of Google. Some of the posts covered by the blog so far are:

(1) Methods that Google uses to Filter, Manipulate and Censor Contents

(2) Posts, News and Articles that Appeared and Disappeared at Google

(3) Google Defeated by Splogs, Content Farms and National Censorships

(4) News Results Censorship by Google in India

(5) Websites, Blogs and News Censorship and Results Manipulation by Google

Unfortunately, the blog itself seems to have been censored and filtered by Google so you have to bookmark the same for regular updates. Additionally you may like to subscribe the feeds of the blog. If you have your own experiences to share, contact the blog with your experiences.

Tuesday, 21 February 2012

Google Censored NCTC News And Blog Posts In India

Another instance of censorship by Google in India has been reported. It has been reported that Google is now censoring national counter terrorism centre (NCTC) and intelligence agencies related news, search and blog results in India.

Indian government is under tremendous pressure from various parties and states after its proposal regarding establishment of NCTC in India. This is the reason why it has forced Google to censor NCTC and intelligence agencies related results in India. The news article first appeared in Google news but was censored by Google within an hour of its publication.

This act of Google is a gross violation of civil liberties in general and right to speech and expression in particular. Anticipating further censorship on the part of Google, the article in controversy has been reposted at another platform.

Some of the results that first appeared in Google search results and Google news and then disappeared are:

(a) National Counter Terrorism Centre (NCTC) of India

(2) National Counter Terrorism Centre (NCTC) of India Is Required

(3) Parliamentary Oversight of Intelligence Agencies of India Is Needed.

Indian government has finally succeeded in arm twisting Google and forcing it to remove articles and news that do not violate any provisions. In fact, these news and articles are discussing national security and nation interests of India that Indian government is not willing to undertake.

While it is obvious that Indian government wishes to silent all critical and contrary posts yet why Google is becoming a puppet of Indian government is not clear. The only explanation seems to be that Google is just keeping in mind its commercial interests and is least bothered about civil liberties of netizens. If this is the attitude of Google, its downfall has already begun.

Thursday, 16 February 2012

Online Legal Courses In India By PTLB

Online education in India is slowly and steadily being used by many individuals and organisations. Legal education has also been streamlined due to use of information technology. For instance, legal e-learning in India is become one of the favourite methods of knowledge gaining in India. Similarly, e-learning for lawyers in India is increasingly being explored.

With the merger of technology and law, new fields and careers are emerging in India and world wide. Techno legal skills development in India is also seen as a requirement by Indian corporate sector. However, our present educational system is not stressing upon skills and practical trainings but is academic in nature.

In this background, techno legal training and educational institutions like Perry4Law Techno Legal Base (PTLB) are playing a very crucial role in the techno legal education development in India. PTLB is the exclusive techno legal education and training institution of India that is providing online cyber law education in India, online cyber forensics courses in India, online cyber security courses in India, online ethical hacking courses in India, etc.

These courses and trainings are managed by the techno legal e-learning platform of PTLB. The entire process beginning from enrollment to successful completion of trainings is done in an online environment from the comfort of your homes.

Just fill the “application form” and send the same to the Address mentioned at the form along with “prescribe fees”. To get more idea about the courses and trainings of PTLB and the scope, nature, duration, fees, etc, of such courses, see FAQs before applying.

Wednesday, 8 February 2012

Techno Legal Issues, Privacy, Cyber Law And E-Discovery Updates 09-02-2012

Techno legal issues have started showing their effect in India. Areas like cyber law, privacy protection, data security, data protection, e-discovery, etc have dominated the Indian cyberspace for the last few weeks.

Court litigations have further shown that foreign companies and websites cannot ignore Indian laws in general and techno legal issues in particular. With the present trends, cyber litigations in India are going to increase in the year 2012.

The following news items are analysing all these issues from a techno legal perspective:

(1) Data protection laws in India,

(2) Privacy rights and laws in India,

(3) Human rights protection in cyberspace,

(4) Privacy rights, privacy laws and data protection laws in India

(5) Google’s strategy to tackle Indian legal disputes

(5) Google and Facebook to remove offending contents

(7) Google must address trademarks violations complaints

(8) Remedies for small copyright claims in United States

(9) DMCA compliant to Google Incorporation and legal notice to Google India

(10) Google’s Adwords and Adsense trademark policy

(11) Google’s new privacy policy and terms of service (ToR)

(12) India must invent alternative to DMCA complaints to Google and others

(13) Google and Facebook must comply with Indian laws

(14) National telecom security policy of India

(15) National Telecom Network Security Coordination Board (NTNSCB) of India

(16) Are Google, Facebook, etc heading for a trouble?

(17) Modernisation of Postal Department Of India

(18) Internet Intermediary Liability In India

(19) Legal arsenal for Delhi High Court to decide Google and Facebook case

(20) Will Delhi High Court deliver cyber justice to India?

(21) Video conferencing is a trouble technology in India

(22) Is Google deliberately avoiding compliance with Indian laws?

(23) Blogger is making country specific redirections

(24) Cyber litigations against foreign websites in India

(25) Websites blocking in India

(26) Information Technology (Intermediaries Guidelines) Rules, 2011

(27) Google, Facebook, etc must appoint nodal officers in India

(28) E-discovery for social media in India

(29) Data rooms and legal compliances in India

(30) Virtual data rooms and legal compliances in India

(31) Online legal due diligence in India

(32) Virtual legal due diligence in India

(33) Civil liberties protection in cyberspace

(34) E-courts in India

(35) E-courts training and consultancy centre of India

(36) Online dispute resolution in India

(37) Cyber forensics centre in India

(38) Cyber forensics research and training centre in India

(39) Techno Legal E-Learning in India

We hope you would find these updates useful.