Friday, June 17, 2011

Cyber Law Due Diligence In India

Cyber Law Due Diligence and Cyber Security Diligence in India are two fields that are not taken seriously by Stakeholders and Intermediaries of India. Under the Information Technology Act 2000 (IT Act 2000) there are many “Due Diligence Requirements” that Banks, Internet Service Providers (ISPs), Search Engines, E-Commerce Portals, etc must fulfill. However, by and large these Due Diligence Requirements are seldom followed till some “Criminal Prosecution” takes place.

This “Mindset” needs to be changed in India. The Cyber Law of India has express provisions that provides for both Civil and Criminal Liabilities for “Non Observance of Due Diligence”. Once these provisions are attracted, the concerned Person or Institutions has to defend himself/itself in a Court of Law.

In India there is a lack of awareness about both Cyber Law of India as well Cyber Law Due Diligence Requirements in India. This is the main reason why Cyber Law Due Diligence has not been upto the requirements and expectations.

Of all stakeholders, Intermediaries must pay special attention to Cyber Law Due Diligence Requirements of India. Intermediaries like ISPs, Cyber Café owners, Web Hosting Service Providers, Blogging Platforms, etc have to take care of issues pertaining to Cyber Law, Cyber Security, Defamation Laws, Intellectual Property Rights (IPRs) Violations, etc.

A special care must be taken of the Online Copyright issues that are increasingly posing problems for Intermediaries. The liability of Internet Intermediaries for Copyright Violations is an issue that should be taken very seriously. With Laws like Digital Millennium Copyright Act (DMCA) and similar Laws, this liability has become very onerous.

“Take Down Notices” for Copyright Violations in the Cyberspace are very common these days. The moment a take Down Notice is communicated to the Intermediary, it becomes imperative on its behalf to take appropriate action. Further, the “Long Arm Jurisdiction” makes the applicability of National Law Extra Territorial. Even the Cyber Law of India has Extra Territorial Applicability.

Perry4Law and Perry4Law Techno Legal Base (PTLB) “Strongly Recommends” that all Stakeholders and Intermediaries must put in place Robust and Effective Due Diligence Mechanisms at their places. This would not only help them in preventing Crimes and Cyber Crimes but would also protect them from various Civil and Criminal Liabilities as well.

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