Cyber Litigations Against Foreign Websites Would Increase In India

Foreign companies and websites are increasingly facing civil and criminal litigations in India. The main problem seems to be application of foreign laws and standards to Indian conditions that is not desirable. These foreign companies and websites apply standards and norms that are well beyond Indian laws and norms.

There are mainly two reasons for this increase in civil and criminal litigations against such foreign companies and websites. Firstly, many individuals and companies in India are neither aware of foreign laws like Digital Millennium Copyright Act (DMCA) 1998 or/and Online Copyright Infringement Liability Limitation Act (OCILLA) nor they prefer to apply the same in derogation of Indian laws, though rightly.

Secondly, even if some individuals and companies invoke foreign laws procedures like DMCA notices and complaints, foreign websites may or may not comply with the same. We have filed a DMCA notice with Google Incorporation and a legal notice to Google India regarding copyright, trademark and impersonation issues. We are still waiting Google’s action in this regard and this shows that even DMCA compliances are not followed by foreign companies and websites.

These are the reasons why filing of civil and criminal cases in India against such foreign companies and websites is increasing. For instance, companies like Google, Facebook, etc are facing a criminal trial in India for not removing objectionable contents from their sites. In other cases, it appear that these companies are deliberately ignoring and violating Indian laws like copyright law, trademarks law and cyber law of India.

There is no doubt that companies like Google, Facebook, Wordpress, etc must comply with Indian laws. These companies cannot claim that they would keep on deriving financial and other benefits from India and would not respect India’s laws and legal procedures.

We believe that India must take urgent steps so that companies and websites like Google, Facebook, WordPress, etc comply with legal demands as per Indian laws as well. We suggest the following in this regard:

(1) All subsidiary/Joint ventures companies operating in India that deal in information technology and online environment, must mandatorily establish a server in India. Otherwise, such companies and their websites should not be allowed to operate in India.

(2) A stringent liability for Indian subsidiaries dealing in information technology and online environment must be established by laws of India.

(3) More stringent online advertisement and e-commerce provisions must be formulated for Indian subsidiary companies and their websites.

India must formulate alternatives to DMCA notices to Google, Facebook, WordPress, etc so that these companies and websites comply with Indian laws and legal procedures. These companies and websites should not be allowed to hide behind the façade of being subsidiary company and citing conflict of laws.

Legal action against offending foreign websites can be taken in India if they fail to exercise cyber due diligence. In fact, Google, Facebook, Microsoft, Yahoo, etc have already been summoned to personally appear before a criminal court in New Delhi on March 13, 2012. Further, as a measure of last resort, these foreign websites can be blocked in India for not complying with Indian laws.

We hope the Delhi High Court would consider these suggestions while deciding the fate of companies like Google, Facebook, etc on the forthcoming hearing.

Microsoft And Symantec Eyes Upon Cyber Security Market Of India

First it was Microsoft that supported a public-private partnership (PPP)-based model to generate awareness among people in India about cyber attacks. Now it is the turn of Symantec to show its presence in India. Symantec has recently announced opening of its cyber security centre in the Chennai state of India.

This shows that Indian cyber security market is up for a grab. It is not the case that India has no such centers in the past. In fact, Perry4Law Techno Legal Base (PTLB) manages the exclusive techno legal cyber security research, development and training centre of India (CSRTCI).

With global players like Microsoft and Symantec exploring the Indian cyber security market, it is safe to assume that Indian homeland security market is going to witness a boom. This is also the reason that India and US are about to discuss the homeland security dialogue between these two countries.

While none can doubt about the utility of homeland security in India yet we must also develop an open source policy of India to strengthen Indian cyber security infrastructure. India should not spend huge amount of money on proprietary hardware and software when alternative and viable solutions are available free of cost.

At the same time India must concentrate upon strengthening its homeland security by encouraging indigenously built hardware and software. With sufficient incentives to local manufacturers, India can develop its own operating systems, anti virus software, cyber security software and hardware.