Happy Days are here with Modi

With Narender Damodar Das Modi swearing in as the 15th Prime Minister of India, India has entered a new era of Governance. Naavi.org takes this opportunity to welcome Mr Modi as the new Prime Minister of India.

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During the last few years, the UPA Government was conspicuous for it’s “Governance Deficit”. In fact many described it as a “Government in Coma”. The reason could be the series of Scams culminating in the Coal Scam which hit directly at the PM. But this was not the only reason.

Lack of Governance was most evident in the DEITY and the Ministry of Communications and Information Technology (MCIT) which is relevant for all of us who are following the domain of Cyber Law and Information Security. Mr Kapil Sibal who took additional charge of this department was simply not showing any interest in its activities either because he was too busy or perhaps he did not care.

Naavi.org had pleaded withMr Kapil Sibal many times about the closure of Cyber Appellate Tribunal (CAT)and its adverse consequences on the cyber crime victims in India. He however was obsessed with the appointment of one particular person to the chair and since he did not get the approval from the Chief Justice, preferred to keep the position of the Chair Person of CAT vacant since June 2011.

I had personally written a number of letters and emails to him and also his deputies in the department besides the political heads such as the PM, Rahul Gandhi and Sonia Gandhi. We also took up the matter with Courts (Where the matter is still pending). however Mr Kapil Sibal was stoic and refused to budge . His attitude was reflective of the arrogance that Congress party displayed as the ruler of this country which made us rejoice with the slogan “Congress Mukta Bharat”.

 Now that Mr Kapil Sibal is free, I would request him to clarify why he was not interested in the department’s work since he otherwise seemed to be a man of energy and action.

I am now waiting for the new Minister to take charge so that the matter can be pursued. So far it is not clear who will have the portfolio of the IT Ministry. Even the media seems to be unable to identify this ministry since they are talking of either the Information and Broadcasting  Ministry or the Telecom ministry. Either Mr Javdekar or Mr Ravishankar Prasad are likely to be the Minister in charge of MCIT. May be it would be clear today. Our advance good wishes to the concerned Minister.

Naavi

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Madhya Pradesh Announces an E Mail Policy for E Governance

It is reported that the MP Government has adopted an E Mail Policy for use by its officials which has raised some legal concerns under ITA 2008.

The policy is available here:  

The main objective of E-mail Policy is said  to be to give legal status to e-mail correspondence and dissemination of data. All departments, offices, affiliated institutions and autonomous bodies which draw funds from Madhya Pradesh’s consolidated fund, will be provided all e-mail related facilities free of cost.

Under the policy, guidelines will be issued for giving legal status to e-mail facilities and their use. It will be compulsory for employees of various state government departments, their affiliated organisations, corporations, boards etc., who use this facility, to follow the E-mail Policy.

One of the concerns that some persons have raised is that the policy does not mention any thing about “Digital Signature” as a means of authentication. Hopefully this will be added in the detailed guidelines.

It is also not clear if the mail service would be maintained by NIC. It is however expected to be so.

There is also a need to ensure appropriate security measures at the host level so that key Intra Government communication does not leak out or become available for manipulation.

The move however appears to be heading in the right direction towards increased use of E Governance and if it is made Cyber Law Compliant, it is a welcome move.

Naavi

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No bank has proper Information Security Guidelines

An RTI query filed by Nagpur based NGO Cyber Awareness Organization (CAO) recently revealed that none of the banks in the country had drafted information security guidelines which are mandatory as per RBI’s guideline on electronic banking. 

Speaking to the press during his visit to Nagpur recently, Naavi said “When RBI started allowing internet banking way back in 2001, it clearly laid the responsibility of data security and educating customers about the dos and don’ts on the banks. It was also advised that all banks offering the service take cyber crime insurance. None of that has happened even today”

Details here

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@PMOIndia twitter handle under dispute

It is reported that PMO under Dr Man Mohan Singh was using a twitter handle titled “@PMOIndia” which is sought to be frozen now as @PMOIndiaArchive and to be discontinued.

BJP has naturally raised a point that the handle should be passed on to the PMO under Mr Modi and cannot be treated as personal property of Dr Man Mohan Singh.

I am aghast at the ignorance of the officials who sought to appropriate the handle for the outgoing PM. It is clear that “PMOIndia” is an organizational name which cannot be used by you and me and can be used only by the official PMO of India. It would have naturally been maintained by officials who draw salary and remuneration from the Government of India. Obviously the handle “PMOIndia” is a digital property that belongs to the Government of India. Similarly all websites,Facebook Ids and email IDs in official names are properties of the Government of India and has to naturally pass onto the next Government.

The officials who thought that the handle can be retained by the erstwhile Government seem to be not aware of the concept of ‘Trade Mark” and deserve to be sent out of the responsible positions they are now in.

I am sure that the “Mauni Man Mohan” does not need a twitter handle and would be glad if it is taken over by Mr Modi’s PMO. Hope the officials will do the needful without further ado.

Naavi

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Cyber Law Space to be active again?

During the last two years of UPA rule, the Ministry of Communications and Information Technology (MCIT) was conspicuous by its lack of productive activity. Mr Kapil Sibal who became the Minister in charge of the minister was involved more in the politicking around Baba Ramdev and other dirty tricks management to the extent that even critical aspects of Governance got neglected.

Naavi.org has been crying out about this lack of Governance particularly the fact that no appointment was made to the position of the Chair person of Cyber Appellate Tribunal (CAT). Though the Government had the time to appoint a member Cyber CAT who was a former judge of Madras High Court, he was never designated the “Chair person” and had to cool his heels without any activity for 9 months before retiring. It was amazing how Mr Kapil Sibal was unmindful of the insult he was heaping on Justice S.K.Krishnan who waited for his turn to bat while the ministry wanted to bring in a junior advocate as the Chairperson. Obviously the Chief Justice of India whose concurrence was required never agreed to this proposal and continued to ask for alternate names from the Ministry. True to the arrogant style of Governance pursued by UPA, the ministry preferred to keep the CAT closed rather than agree to suggest an alternate name. MR Sibal had time to appoint a “Head of Department of CAT” and also a “Technical Member for CAT” but had no time or desire  to appoint a Chairperson though without such a person the entire establishment remained defunct.

As a result, the Cyber Judiciary system in India came to a standstill in the country. Several cyber crime victims who were waiting for justice could not proceed with their cases and had to keep waiting for the Government to act. To compound the problem, Mr M.N.Vidyashankar, adjudicator of Karnataka delivered a bizarre judgement in favour of Axis Bank with an opinion that “No corporate entity can invoke Section 43 of the Information Technology Act 2008 nor any complaint can be launched on a corporate entity under the section by any other person”.  Even an appeal against such a blatantly wrong award got stuck in Mr Kapil Sibal’s desire to get his favoured person into the chair of the CAT.

Despite several attempts by the undersigned to take up the matter with Karnataka Human Rights Commission and Karnataka High Court, the matter remained unresolved since Karnataka High Court also failed to understand the impact and refused to take on the Central Government.

Now the hope is back. We hope that good days will be here again. We are waiting for the new Minister of MCIT from  the Modi Government to take charge when we will renew our efforts to open the eyes of the minister to this gross injustice that Cyber Crime victims are suffering since June 2011 because of UPA’s inaction.

Naavi.org has earlier provided several writeups on how CAT was left languishing and there is no need to repeat it here. Those who are interested may kindly go through the earlier articles.

Naavi

Posted in ITA 2008 | Leave a comment

Welcome NaMo

Today has been a historic day for India. Mr Narendra Modi lead BJP has been successful in getting absolute majority in the Loksabha on its own and the NDA is at a comfortable tally of around 333+.

In this scenario, we can look forward to a functional administration unlike the previous Government which was in a coma for the last several years. The undersigned has been running a battle with Mr Kapil Sibal lead MCIT during the last two years on behalf of Cyber Crime victims and has been frustrated by the complete lack of interest on the part of the Government. I now look forward to better things.

Yes, I expect that the Good days will be here.

We welcome Mr Narendra Modi and wish him all the best in the coming days  to take India ahead.

Naavi

Posted in Cyber Law | Leave a comment