Compliance of Section 43A in a Corporate Environment

Posted on December 13, 2012 by Vijayashankar Na

Dec 2:  Here is a brief guideline which companies may try to folllow to work towards compliance of Sec 43A-ITA 2008  requirements as a part of their Information Assurance Plan. …Details

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TELCOs are responsible to counter Chinese Threat

Posted on December 13, 2012 by Vijayashankar Na

Dec 2: An US intelliegence report recently advised that “American companies and its government should avoid doing business with China’s two leading technology firms, Huawei and ZTE, because they pose a national security threat to the US”. Copy of the report

After considering this report, the GOI has placed the responsibilities of countering the reported security threats arising from the Chinese telecom supplies entirely on the companies themselves.

In a press release issued by the Government, it is stated that …”it is mandated that Telecom Service Providers are responsible for the security of their network. It is also mandated that only those network elements shall be inducted into their Telecom Network, which have been tested as per relevant contemporary Indian or International Security Standards e.g. IT and IT related elements against ISO/IEC 15408 standards, for Information Security Management System against ISO 27000 series Standards, Telecom and Telecom related elements against 3GP, 3GPP2 security standards etc from any international agency/ labs of the standards e.g. Common Criteria Labs in case of ISO/IEC 15408 standards until 31st March 2013. From 1st April 2013 the certification shall be got done only from authorized and certified agencies/labs in India. The copies of test results and test certificates shall be kept by the licensee for a period of 10 years from the date of procurement of equipment, which can be audited / demanded any time during this span, by the licensor.”

Ref: Press Release

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CRAC Meeting Official Press Release

Posted on December 13, 2012 by Vijayashankar Na

Dec 2: The meeting of the Cyber Regulations Advisory Committee held on November 29, 2012 was a historic event since it was the first time that the committee met since ITA 2000 came into effect. According to the act, CRAC deliberation is mandatory for any amendments to the Act. However there was no public knowledge of any such meeting having been held when the ITA 2000 was amended in 2008 and Naavi.org has even commented that the amendment process for ITA 2008 was faulty. In this context the current meeting held in the aftermath of the Palghar arrests under Section 66A was significant. The press release issued after the meeting records that ” a suitable clarification in the form of guidelines in this regard be issued by the Government to States and Union Territories to clarify the intent and enable uniform implementation across the country. A consensus on the content of the draft guidelines was also arrived at.” Press Release

Further information available in the press only indicates that the States have been advised that action under Section 66A may be taken only by a police officer of a higher rank as indicated in the earlier report

PLEASE NOTE:

This website has been in existence since 1998.  

Older posts before the site switched to word press are available through the link at the top and here below.

OLD POSTS

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UK Twitter Joke Case on Appeal

Posted on December 13, 2012 by Vijayashankar Na

Dec 1: Paul Chamber case in UK which has been wrongly quoted some times in India in the Karti Chidambaram case has been referred back to Court in UK. During snowy weather, Doncaster’s Robin Hood airport had closed, threatening to derail Chambers’ plans to fly to Belfast to meet Sarah Tonner, a woman he had met on Twitter.

He tweeted on the publicly accessible feed:

“Crap! Robin Hood airport is closed. You’ve got a week and a bit to get your shit together otherwise I’m blowing the airport sky high!!.”

The Court debated the issue of  “Grossly Offensive” in the judgement.

The Indian case was more on the fact of whether “Tweet” is a “Message” or “Publishing”.

Sec 66A applies to “Messages” while Section 67 applies of “Publishing” and hence this distinction becomes relevant in India. Report

PLEASE NOTE:

This website has been in existence since 1998.  

Older posts before the site switched to word press are available through the link at the top and here below.

OLD POSTS

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