[Key Note Address Delivered at the Launch of IIIT Law on
2nd June 2006 at Bharatiya Vidya Bhavan,
Race Course Road,
Honourable Chief Justice of Karnataka, Sri Cyriac Joseph, Respected
Honourable Chief Minister of Karnataka, Sri H.D.Kumaraswamy, Respected Chief
Mentor of Infosys, Sri N.R.Narayana Murthy, Respected Banking Ombudsman, Sri
K.R.Ananda, and all of you who have assembled here on this occasion of the
launch of the International Institute of Information Technology Law,
As the Director of the
Institute, I am here to share some of my thoughts and indicate some of our
specific plans which we intend taking up for implementation in the
Before I proceed
further, I would like to express my special respects to Honourable Justice
B.K.Somasekhara, the Founder Trustee and Chairman of the Institute, Mr
Vidyashankar, the Secretary and to all the luminaries who are participating
in this project as Trustees and Governing Council members. Their Vision,
Encouragement and Participation has given us the inspiration to visualize a
truly International Institute of Higher Learning in a niche area of
knowledge as reflected in these thoughts.
IIIT Law we have two principle objectives namely,
a) Making a
positive difference to the Information Society through Cyber Law Knowledge
to make the society prosperous
Bangalore a global node for Cyber Law related activities.
Let me elaborate.
Today, A large part of
the society’s wealth is held in the form of “Information” inside a Computer.
Even our personal wealth such as Bank Deposit or the Share Certificates can
be found today only as information inside a computer. When Citizen ID Card
is introduced, even our personal existence will become a piece of
With such a large stake
of the society in the form of “Information”, all of us are concerned with
“Security of the Information”. If we feel that there is inadequate
security, then people will reduce using IT and the progress of the society
will be slowed down. On the other hand, If we have Trust and Confidence in
“Information as an asset”, then there would be a greater usage of IT by the
community and more prosperity of the society.
Security is therefore the
key to the prosperity of the Information society and we would like to make a
difference to the society by upgrading the “Concept of Security” in the IT
Presently, when we think
of IT Security, we think of protecting our Information Assets with Firewalls
and Intrusion Detection Systems. In the event of a security breach IT
Security ensures restoration of data to its original state through a
Disaster Recovery Plan. A significant part of all international security
standards is also focused on setting bench marks for technical security in
an operating scenario.
However, I believe that
there is a need to shift the Central security focus from the Information
Asset to the Information Asset owner. Though the security of the Information
Asset is also an integral part of the security of the Information Asset
owner, the changed approach to security recognizes that when a security
breach occurs, legal liabilities arise on the Information Asset owner and he
needs to be secured against it. If possible, he should also have a right to
recover compensation from those who caused the security breach.
This requires that there
should be a law to protect the Information Asset owner protecting him from
liabilities arising out of a Security breach and also provide him the right
to recover compensation. Such laws which deal with the rights and
liabilities of the ownership of “Information” are what we refer to as
“Information Technology Laws” or more fashionably, “Cyber Laws”.
If an Information Asset
owner follows the provisions of law, he gets the protection under law. This
is what we refer to as “Legal Security” which when complimented by the
Firewalls and Intrusion Detection System becomes the “Techno Legal
Our focus is therefore to
make IT users realize that they need to move from the present Technical
Security approach to Techno Legal Security approach. The present security
standards such as the BS 7799 or ISO 27001 should also move to the upgraded
concept of “CyLawCom” or Cyber Law Compliance standards.
We feel that this
transformation will make a fundamental change in the IT Security industry in
the world. It will also immediately pave the way for operation of
“Information Asset Insurance” and develop this new segment of industry.
“Security” becomes an insurable subject and I and you can pay a premium and
forget our concerns arising out of any type of Cyber Crime.
To move towards this
transformation, we feel that a five step process is essential consisting of
Cyber Law Awareness to
be created at all ICT user levels…. individual, IT and Non IT industries,
Governments, Hospitals, Colleges etc.
Cyber Law Compliance to
be embedded into software systems
Cyber Law implications
to be built into the strategy of Business management .
Preparation of the
legal, law enforcement and judicial community for securing the rights of
Preparation of the
Governments for Cyber Law Compliant e-governance implementation.
We therefore endeavor to
act as a “Cyber Law Nodal Education Center” and work with each of the
traditional educational streams in Law, Engineering, Commerce, Management as
also the industry and other IT user community and ensure that Cyber Law
awareness is created in each of these educational streams and at all user
We propose to achieve
this initially through seminars, workshops designed for different target
audiences and later adopt other means of focussed education.
We would also endeavor
to create content both in English as well as in Kannada and other languages
both in print in the form of books and on the web so that the common man can
be brought into the awareness building programme.
We would initiate
research work that would help in the development of the Information Society.
Such work could be in the field of Cyber Law or Cyber Crimes or Cyber
Forensics or Cyber Sociology or any of the connected fields.
We would conduct “Round
Tables” to generate inputs from experts and the industry when changes in law
become necessary, be it the enactment of a new Data Protection Act or
Optical Disk Protection Act or modification of an existing act like
Additionally We would
like to work with the local Government and industry to make Bangalore the
“Cyber Law Capital of India” and take up necessary initiatives in this
regard most of which may be catalytic in nature.
In particular we humbly
urge the State Government to take necessary steps for a Cyber Regulation
Appellate Tribunal to be set up in Bangalore. This would be the first such
Tribunal in India envisaged in the ITA-2000 and can energise the city into a
beehive of Cyber Law related activity.
We also would like a
truly online dispute resolution facilitation center to be set up in
Bangalore which would be the first of its kind in the world.
We believe that if
Karnataka becomes a leader in Cyber Law it will also be a leader in
Information security and in the coming days, whoever is the leader in
Information security will also be a leader in IT. If India wants to be a
super power in IT, one path is by being a super power in IT security. What
we are planning is to drive Bangalore to be the center of such activity.
The launch of the
Institute today in your presence and in the hands of the leaders who
represent the Judiciary, the Government and the Industry is a significant
first step in realizing some of these dreams.
Hopefully, by the next
Rajyotsava day, our dream of the City making an exclusive mark as the Center
of Higher Learning in Cyber Laws would have made a significant progress.
Our vision is that by
2012, we would have made sufficient progress to be recognized as an
International center of learning in Cyber Law and the related fields such as
Information Security and attract students from other countries.
We hope to see a day when
a Cyber Law initiative is taken in New York, people there would say New
York is becoming the Bengalooru of USA … just as we today call Bangalore as
the Silicon Valley of India.
To make this a reality,
we need your good wishes and support which I hope you would all give us in