Online Dispute Resolution Services In India

Information and communication technology (ICT) has streamlined the way disputes are agitated and resolved. Legal proceedings are increasingly using online platforms and cyberspace for initiation of legal proceedings and their dispute resolution.

However, legal frameworks that can supplement and strengthen such disputes resolution are missing. For instance, the legal enablement of ICT systems in India is still missing. We have no legal framework for online dispute resolution in India (ODR in India) as well as for establishment and management of e-courts in India. Till now we are waiting for the establishment of first e-court of India and use of ODR in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe in the importance and use of ICT for dispute resolution. We understand the importance of ICT to the judicial system and important role of ICT in judicial reforms. Use of ICT in effective judicial system and dispute resolution is one area that deserves both national and international attention.

India is using alternative dispute resolution (ADR) mechanisms like arbitration, mediation, etc for long. However, there are very few ODR service providers in India. This is because in India we neither have awareness about ODR nor we have expertise to mange the same. Realising the same, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

At PTLB we provide the exclusive techno legal ODR services in India. These ODR services cover areas like cyber law, cyber security, cyber forensics, technology dispute resolution services, film and entertainment industry disputes resolution, etc.

Internet Corporation for Assigned Names and Numbers (ICANN) has been planning to expand the list of generic top level domain names (gTLDs) among several issues. The same was put as one of the items of the agenda to be voted and decided by ICANN at the second public meeting of the year on 20th June 2011 at Singapore.

Finally, after a long gestation period, ICANN has approved the idea of allotting new gTLDs. Of course, this allotment would not be simple process and filing of gTLD applications would need good techno legal expertise.

Further, these gTLDs allotment would also give rise to many unforeseen challenges and domain name, brands and trademarks disputes in the future. An improper representation of a case or domain dispute may result in loosing the same. Thus, before agitating a domain name dispute at national and international level, knowing of the Uniform Domain Name Dispute Resolution Policy of ICANN is a must.

We hope this note would help all the present and future domain name holders and ICANN’s new gTLDs applicants.

EU Sets Up Team Of Cyber Crimes Fighters

European Union has been taking cyber crimes very seriously. EU has recently proposed to enhance the minimum punishment for serious cyber crimes to five years and for non serious crimes to two years.

EU is also aware that besides a stringent law, it must also develop capabilities to fight cyber crimes. This is the reason why EU has set up a team of cyber crimes fighters to tackle growing cyber crimes in Europe.

Cyber attacks in Europe are increasing and recently 30 million euros' worth of carbon credits stolen by one such attack. The 10-strong team of IT security experts will guard against repeats of attacks on sensitive information, for example on the eurozone debt crisis, such as occurred on the eve of the last summit of national leaders in March.

Cyber-attacks are a very real and ever-increasing threat that can paralyse key infrastructure and cause huge long-term damage," said European Union digital agenda commissioner Neelie Kroes.

India on the other hand is soft upon cyber criminals. The information technology act 2000 of India, which is the sole cyber law of India, is not stringent and strong enough. After the information technology amendment act 2008, almost all the cyber crimes have been made bailable.

This has taken the sting and deterrent out of the cyber law of India. Some experts even have suggested repeal of the same and enactment of strong cyber law for India. Even on the front of policy India is not performing well. We have no cyber security policy in India and even the cyber crisis management policy of India is missing.

We urgently need to ensure strong and robust legal enablement of ICT systems in India. This enablement must include enablement of cyber law, cyber security, cyber forensics, etc. Like developed countries, India must also make its cyberspace safe and secure.