Click Here for the First Part of the Article:
  
  
  
In the first part of this article, I have briefly addressed the need for 
  Cyber Law Compliance Assessment as part of the Software Quality 
  Standardisation process. In this article I elaborate the general principles of 
  assessment in the CyLawCom process and a brief logic for the same. 
 
  
  
  
  The main objective of CyLawCom Certification is to reduce the business risks 
  to the software developer both during the process of software development and 
  thereafter when it is in use at the client's place.
  
  
  It must be remembered that often the Customer places the Software order on the 
  developer with the proviso that he is to be indemnified for any liability 
  arising out of the use of the product.
  
  
  Further, "Software" is an "Agent" as per laws in force in many countries and 
  its actions though automated, are accountable on the owners for the time 
  being. While certain configurations of the software are under the control of 
  the user, the main functionality of the software is designed by the developer 
  and he should be responsible for the liabilities arising there from.
  
  
  Let us try to identify some of the major liabilities that may be arising from 
  the use of software.
 
  
  
  
  1. IPR Violations:
  
  
   It is possible that the software may have embedded functionalities on 
  which Patent rights are with third parties. Or It is possible that the 
  developer might have also infringed on Copyright of others and embedded such 
  works in the product. The consequences of such infringement would be on the 
  user and could have been covered by an indemnity in the software development 
  contract. 
 
  
  
  
  As a result of the above, either we can conclude that the "Quality of the 
  Output" is not to the desirable standards or that the developer is saddled 
  with unknown liabilities that may arise in future and affect his continuity in 
  business.
  
  
  The software developer has to therefore set in motion a process that 
  identifies such IPR violation risks and ways and means to mitigate them.
  
  
  This requires an "Awareness of the Risks" and the "Means to Manage" them.
  
  
  2. Contractual Risks
  
  
  Software products are meant to automate processes and in the process take 
  "Decisions" on behalf of humans. In this capacity they are recognized in law 
  as "Agents". Any legal consequence arising out of the actions of the agent 
  needs to be boarne by the "Principal".
  
  
  What constitutes "Decisions", "Offers or Invitation for Offer" or "Acceptance" 
  for a contractual binding depends on several factors.
  
  
  The software development process needs to understand these risks and ensure 
  that there are adequate compliancy factors built into the system.
  
  
  This requires an "Awareness of the Risks", "Ability to understand the legal 
  consequences of any automated process", and the "Means to Manage" them.
  
  
  3. Privacy Violations:
  
  
  In the context of strict data protection norms followed by many countries, it 
  is important that no software is designed to fundamentally violate the 
  accepted principles of Privacy protection.
  
  
  The concept of what violates privacy and the differing standards prevalent 
  world wide makes it necessary  for a software development company to 
  develop process controls that address these needs. 
 
  
  
  
  Again this requires the technology people to understand the prevailing laws of 
  privacy before they can address them with the right solutions.
 
  
  
  
  In any of the above three situations, liabilities can arise first on the user 
  and then on the developer which in financial terms would erode the 
  profitability of the organization and eventually lead to the business being at 
  risk. Some times key employees may be prosecuted and jailed causing reputation 
  loss loss of manpower.
  
  
  CyLawCom process is designed to estimate such risks and help the software 
  developers and users tune their processes so as to ensure that a Cyber Law 
  Compliancy environment is built into the basic business process.
  
  
  The Process is mainly divided into Three Major Phases:
 
  
  
  
  I. Creating Cyber Law Awareness to a desired degree with a desired minimum 
  number of workers in the organization.
  
  
  II.Ensuring that the Cyber Law Compliance principles are embedded into every 
  business process in the Company.
  
  
  III. Ensuring that Cyber Law Compliance principles become part of the business 
  strategy of the Company.
 
  
  
  
  In practical implementation terms these three phases are further dub divided 
  into three levels in phase I, three levels in Phase II so that there will be 
  totally Seven levels of attainment before an organization is through with the 
  programme.
  
  
  The sub divisions are as follows:
  
  
  I. Creating Cyber Law Awareness to a desired degree with a desired minimum 
  number of workers in the organization.
 
  
  
  
  Level 1: Awareness of the Fundamentals of Cyber Laws in a minimum of 90 % of  
  staff
  
  
  Level 2: Awareness on the Application  of Cyber Law for business 
  processes in a minimum of 95 % of managerial staff.
  
  
  Level 3: Awareness on the Absorption of Cyber Law in business strategy 
  processs in a minimum of 100 % of top management. 
 
  
  
  
  All the above three levels are attainable through appropriate training 
  programmes and an exit evaluation.
 
  
  
  
  II. Ensuring that the Cyber Law Compliance principles are embedded into every 
  business process in the Company.
 
  
  
  
  Level 1: Cyber Law Compliance in the Software Development Process
  
  
  Level 2: Cyber Law Compliance in All Aspects of Business within the Company
  
  
  Level 3: Cyber Law Compliance in the Software Products of the Company
 
  
  
  
  III. Ensuring that Cyber Law Compliance principles become part of the business 
  strategy of the Company.
  
  
  The Certification Process would be supervised by a "CyLawCom Certifying 
  Agency" authorized by Cyber Law College which would document the process and 
  substantiate the certification by a committee of not less than three persons 
  of which at least one must be an outside independent industry specialist. 
 
  
  
  
  The individual staff of the CyLawCom Certifying agency would be trained 
  suitably by Cyber Law College and would be certified as "Authorized CyLawCom 
  Examiners".
  
  
  An action plan is being finalized by Cyber Law College for the implementation 
  of the above programme. It is proposed that e-Information Systems, Security 
  and Audit Association (e-ISA) , SIRC would be one of the first CyLawCom 
  certifying agencies.
Naavi
        
       
  January 20, 2003
        
       
  
  (Comments are Welcome)