July 13, 2015

Pavan Duggal- Quotes

 Pavan Duggal As An Internationally Renowned Expert And Authority On Cyber law And Cybersecurity Law Has Extensively Been Quoted By Media On Various Legal Aspects Of Cyber Security. Some Of The Aspects Where Pavan Duggal Has Been Quoted Are As Follows: 

Cyber Law Analyst Pawan Duggal Said: “This Has To Be A Huge Wake Up Call For The Nation. There Were Loopholes That Were Exploited By Hackers To Attain A Huge Quantum Of Information. We Need To Have A National Policy On Cyber Security.

 ” The Government Computer Systems Are Not At All Safe And Very Easy To Intrude Into. It Means That Government Data Stored In The Systems Are Not Safe And It Can Have A Detrimental Impact On The Sovereignty Of The Country. This Should Be An Eye- Opener For The Government.”

“I Think The Government Needs To Be Complimented For The Initiative. But It’s A Bit Too Late. This Should Have Been In Place Soon After The 26/11 Mumbai Terror Attack Case. Also, While The Objective Is Noble, Policy Seems To Be A Little Vague. It Is Like A Compilation Of A Number Of Ideas, Not Accompanied With Any Action Plans. It Seems To Be Incomplete. A Lot Still Needs To Be Done,” 

“The Recent DRDO Breach Was A Classical Case Of Cyberwar Attack Rather Than Mere Hacking. It Was An Attack On India’s Critical Information Infrastructure. Cyberwarfare As A Phenomenon Is Not Covered Under The Indian Cyberlaw. Clearly, The Country’s Cybersecurity Is Not In Sync With The Requirements Of The Times,” 

“This Is The First Time That Cyber Crisis Of This Scale Has Happened In The Country. The(Re) Was Delay In Government Response By 80 Hours To Pass Directions To Intermediaries (Like Facebook And Twitter) And Telecom Service Providers On Bulk Messages,” Said Cyber Law Expert And Supreme Court Lawyer Pavan Duggal.

 “Had The National Cyber Security Been In Place, The Response From The Government Would Have Been Better And Time Bounded.”

A Cyber Security Policy Would Have Defined The Roles Of All The Stakeholders In The Crisis, He Said. “At Present, There Was A Complete Lack Of Coordination.”

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Digital can’t be divorced from cyber security. Digital world without security is like a pyramid without foundation which can collapse like a house of cards.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“If the government comes to know that Chinese smartphones are stealing users’ data from their customers, then it is very apparent that our cyberlaw is not at all adequate to deal with such challenges,”

“One of the biggest challenges in this regard would deal with the issue of attribution. How would the Indian agencies be able to attribute to the fact that the said misuse has been done from the indicated/suspected source. The issues pertaining to attribution need far more clarity.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“We are thoroughly ill-aware and ill-equipped to understand the ramifications of cyber security breaches and India lacks the culture of cyber security.”  Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Nothing in the world is completely safe as there is nothing called absolute security. However, VPNs promise far better security thanks to their high-end, top-of-the-line encryption.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Cyber security breaches are becoming routine in India yet the appropriate sensitivity is lacking. Reports like these raise sensitivity.” 

 “Cyber security breaches are becoming routine in our country and the appropriate sensitivity is strongly missing. In fact, it is not even given the importance it merits. And this when both state and non-state actors are interested in data from India.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“There is a desperate need for strict cyber security laws in India. If we don’t act now, India very well could be prey to malicious cyber attacks in the future”. Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The Information Technology Act, 2000, amended in 2008, still does not comprehensively deal with all relevant issues in the cyber security ecosystem. India not being a signatory to any international treaty on cyber crime complicates the intrinsic ability of the immense law and legal frameworks to provide effective remedies against cyber crimes which are committed from abroad,” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“India still does not have a dedicated legislation on cyber security or bullying when it comes to social media platforms. The country, given its vision of becoming an IT super-power, needs to have a dedicated cyber security law on this at the earliest,” Pavan Duggal, one of the nation`s top cyber law experts and a senior Supreme Court advocate, told IANS

The Information Technology Act, 2000, was amended in 2008. By virtue of the 2008 amendments, certain cosmetic changes concerning cyber security were made to the Information Technology Act, 2000.

“These amendments are not sufficient and adequate in today`s scenario. Further, the cyber security breach ecosystem ground realities are distinctly different in 2016 as compared to 2008. As such, there is a distinct need for India to beef up its legal frameworks on cyber security and cyber bullying,” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The Information Technology Act, 2000, being the sector-specific legislation, was amended in 2008. By virtue of the 2008 amendments, certain cosmetic amendments concerning cyber security were made under the Information Technology Act, 2000. The said amendments are not sufficient and adequate in today’s scenario,”

“Further, the ground realities for cyber security breach are distinctly different in 2016 as compared to 2008. As such, there is a distinct need for India to beef up its legal frameworks on cyber security when it comes to banking frauds” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The mandate of implementing cyber security comes through law, and not through advisory or guidelines. To begin with, the regulator must have teeth of law which ensures compliance or they face severe consequences.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“India is not at all in a state of preparedness to take on the cyber criminals — thus, to say, it is not prepared for Digital India,”

“Without cyber security legislation, India will not be able to become the IT superpower as it aims to be,”

“The cyber security policy 2013 is merely a paper tiger. It has not been implemented.” Read More

Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The IT Act needs to be strengthened as threats such as ransomware are not covered in it. Aadhaar details have been leaked, which is again a major security risk. So, the legal and policy frameworks need to be in place”.  Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

 “What is visible on the surface is just the tip of the iceberg. Most ransomware attacks are unreported and India is no exception to that. Top information technology companies, banks and even government agencies in the country have witnessed such attacks in the past three years. But most attacks were local and isolated in nature. A mass attack like WannaCry is unprecedented.”

“India must urgently enact a cyber security law and amend the Information Technology Act to make cyber attacks criminal offences and clearly chalk out the roles and responsibilities, accountability and liabilities of internet service providers and intermediary agencies in case of such offences.”

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

Cyber crime expert and Supreme Court Advocate Pavan Duggal says: “The official figures, although representative (there are more cases) only confirm the realities on ground. There is a huge gap in security and threat that needs addressing on a war footing. Cyber crime-as-a-service in India came to the forefront in 2015, but lack of awareness among agencies probing means that there is no specific classification. It has grown considerably and we are not doing enough.”

A known terror group had sought hackers and many Indians had joined the group. “Our police don’t categorise these as CAAS, but just book them under various sections. While we don’t have a correct number, going by the cases I see, I can tell you confidently that CAAS is increasing in the last one year”  Read More

Data Security, No Room for Complacency

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Pavan Duggal, India’s leading cyber law expert, lamented that Indian Cyber law does not have adequate provisions to deal with the growing cyber threats. He feels that the Information Technology Act, 2000, amended in 2008, still does not comprehensively deal with all relevant issues in the cyber security ecosystem. India not being a signatory to any international treaty on cyber crime complicates the intrinsic ability of the immense law and legal frameworks to provide effective remedies against cyber crimes which are committed from abroad.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Such players (Zomato), referred to as intermediaries under the IT Act hold sensitive data and are expected to have reasonable security protocols in place. Should an end user face any lossdamage due to data breach, they can sue Zomato and seek compensation.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

Cyber law expert and Supreme Court lawyer, Pavan Duggal says laws pertaining to cyber crime are caught in a historic time warp with cyber crime legal provisions introduced only in 2000s, and amended last in 2008. “India requires distinct dedicated cyber crime courts whose only job would be to deal with cyber crime matters for expeditious disposal of cases,”. He believes only a time-bound approach in addressing cyber crime issues will instil Indian consumers’ sentiment towards being protected against such crimes.

Duggal believes a majority of businesses are not sensitized on issues a consumer face when they are made targets of cyber criminal activity, and only proactive compliances mandated under law will compel businesses to adopt security measures. “We are thoroughly ill-aware and ill-equipped to understand the ramifications of cyber security breaches and India lacks the culture of cyber security.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Most servers are soft targets as they are not well-protected. Many a time, somebody from the conducting body reveals the time the question paper would be uploaded online, making it easier for the hackers to hack the computer,”

“The government has to invest crores to acquire the right technology. Also, we need to keep revisiting the latest cyber security protocols and make stringent laws punishing the criminals.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The IRCTC leak represents the biggest and largest reported personal data security breach in India. It is no ordinary matter but represents a massive attack on India’s critical information infrastructure, ultimately aimed at prejudicially impacting India’s cyber security and sovereignty.

“It has taken advantage of the fact that India does not have a dedicated data protection law in India and that the existing Indian cyber law takes such matters very lightly. This incident needs to be a wake-up call for all stakeholders to proactively work in ensuring compliance with applicable laws, cyber security regulations and international best practices.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

Before undertaking the exercise that links every service to Aadhaar and coercing people to take it or find themselves out of any scheme, the government should have taken measures to ‘strengthen’ the ecosystem

“I am concerned about the cyber security ramifications with data being stored in a centralized source. We do not have a dedicated law on privacy and data protection,”

The information about citizens at the command of the government is a volcano that can burst when used by unscrupulous elements if they get their hand on to the data,

The government can go out and assuage people’s fears in this sensitive issue. It should assure citizens that the information gathered will not be used against the individual except, for instance, if the sovereignty of the nation is threatened, suggested Duggal.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The post-demonetisation era saw the absence of any deterrent by way of legal provision. We must think of how to come up with an appropriate cyber resilience policy. Today, the Indian information technology law goes soft on cyber crime especially after the 2008 amendment because except cyber terrorism and child pornography, all other cyber crimes offences are bailable. This means that a person is free to come out and delete evidence,”

“It is indicative of two things—cracks in India’s cyber security armour and the subtle warning by cyber criminals that if government websites are not safe, then nothing is,” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Companies need to come up with out of the box thinking and creative legal approaches while dealing with Cyberlaw and challenges in cybersecurity laws post-demonetisation,” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“In the wake of demonetisation, breaches in cyber security have increased,”

“There should be dedicated cyber security laws as India is already on the way to a cashless economy.”  Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Duggal says that cyber security need to talks about data retrieval at a lightening speed in case of phishing attempts. He said that when around 65 lakh cards were cloned in October 2016, banks denied the cyber security breach for four-day. He said that cyber ecosystem needs to be more mature to acknowledge the security breach attempts.

“The absence of cyber security framework for ATMs is like a dream come true for hackers. Updating the software of ATMs and beefing up the cyber security framework should be a mandatory provision, not an optional exercise,”

“The country needs a cyber-security law that defines the duties of the stakeholders, starting from the banker to users.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“The setting up of a Computer Emergency Response Team to tackle cyber crime in the financial sector is a good move. In the wake of government’s initiative to promote digital transactions, incidents of cyber frauds are likely to increase. Further it will restore faith among the peoples who are going for digital payments especially after the recent incidents of cyber frauds in which security of debit cards of various banks had been breached,”  Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Hackers have time and again demonstrated that breaking into public Wi-Fi networks is very easy. In fact, hackers often use public Wi-Fi networks for the purposes of hacking into confidential information and data of users who log into these Wi-Fi networks without understanding the cyber security ramifications of the same.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“There is no doubt that undesirable content on social media, including Facebook, is being increasingly used to propagate cyberterrorism and radicalist content”

“To safeguard its national security, a country is well within its right to request for taking down of content.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Although establishing the CERT-Fin is a nice move towards improving cyber security in the banking and finance sector, we need far more focus to safeguard computer networks and payment gateways targeted by state and non-state actors.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“DigiLocker is a first of its kind in the world and its benefits are immense. However, we need to look at it from an overall perspective. We are asking everybody to upload all their government documents online where the foundation of the same remains cybersecurity,” said Pavan Duggal, a cyber law expert.

Duggal added the government needs to fast-track the initiatives related to cybersecurity. “We had on national cyber security policy announced in 2013 which remained in paper as there was no implementation,” he said.” Read More

 

In this news report, Cyber Law Expert Pavan Duggal quoted as under:-

“Today, a lot of work in personal, professional, social and governance space is being done on the internet. Therefore, there is a need to look at the issues in cyber space. It is here that issues like cyber law, cybercrime and cybersecuritycome in,” Pavan Duggal, president, cyber laws.net and Supreme Court advocate, told IANS on the side-lines of a round table on cyber law, cybercrime and cybersecurity here.

 

“We quickly need to put legal framework to check this before it happens. Unfortunately, we do not have it. We have a provision but it is not completely effective,” added Duggal, a cyber-law expert.

 

“We need cyber laws to give companies power to fight these attacks. People will start getting confidence into your ecosystem once they realise there is a legal framework in place which actually allows state to prosecute cybercriminalseffectively,” Duggal added.

 

“But when law enforcement agencies themselves conduct it, then the line becomes blurred. We need to have more clarity. If it is a crime, it should be a crime for an individual person or any law enforcement agency,” Duggal explained.” Read More

In this news report, Pavan Duggal, Advocate, Supreme Court of India quoted as under:-

“If this kind of breach were reported, it would not only force other banks to follow suit” in making such incidents known “it would also result in the setting of new standards for others in the banking/financial services sector to follow,” Pavan Duggal, a New Delhi lawyer who specializes in cybersecurity law, said. “When cyber security is comprised and this is revealed, it puts pressure on the company or bank to fix the problem instead of hiding it.”

 

Duggal echoed the point. “We have a situation of gross under-reporting which is the norm. As a result, a false sense of complacency exists in the corporate India that everything is fine regarding the security of their businesses and their data,” he said.” Read More

In this news report, Cyberlaw Expert Pavan Duggal quoted as under:-

“India is not at all in a state of preparedness to take on the cyber criminals — thus, to say, it is not prepared for Digital India,” said Pavan Duggal, a cyber-law expert and Supreme Court advocate.

 

“Without cyber security legislation, India will not be able to become the IT superpower as it aims to be,” said Duggal, adding, “The cyber security policy 2013 is merely a paper tiger. It has not been implemented.”

 

“The other issue is the awareness about the cyber-crimes among digital users in India is abysmally low,” he said. “All the stakeholders including government, enterprises and people need to come together to tackle this huge challenge.” Read More

In this news report, Pavan Duggal quoted as under:-

 

“The amendments will certainly have a huge impact on the way cyber-crimes are handled and investigated in India,” said advocate Pavan Duggal, a cyber-law specialist in Delhi.

 

Duggal said, “Once the bill becomes an act, Section 67B will have a huge positive impact, primarily because India does not have a special legislation to tackle child pornography. To that extent, the new IT law is path-breaking”. Read More

In this news report, Pavan Duggal, Advocate, Supreme Court of India quoted as under:-

“You cannot censor the Internet in India,” said Pavan Duggal, Supreme Court advocate and president, cyberlaws.net. “You can ask social media sites to ensure that they comply with the law, but you cannot look at censorship. Regulating content on the Internet is legally, practically and technologically impossible. At this rate, the chances of the government trying to enforce censorship cannot be ruled out.” Read More

In this news report, Pavan Duggal quoted as under:-

 

“It should not be an initiative in the private level, there is a need for government support to reach out to the masses,” said cyber law expert Pavan Duggal during Federation of Indian Chambers of Commerce and Industry conference on Internet/ Social Media Networks: Opportunities and challenges.

 

Duggal also stressed the need to regulate mobile phones. “By 2013, one out of three cases will have a mobile component,” he said, stressing that it is important to have adequate rules and regulations to cover mobile phones. 

 

“A new paradigm shift is happening and the onus is on government to update laws in digital and mobile eco-system,’ Duggal added.” Read More

In this news report, Cyberlaw Expert Pavan Duggal quoted as under:-

“The Government should also join hands with stakeholders to set up a dedicated cyber law university”, said Mr Duggal, at a seminar on ‘Social media networks: Opportunities and challenges’.

 

Referring to the recent incident involving three Karnataka ministers who allegedly watched porn during the State Assembly session, Mr Duggal said “charges can be slapped against the Minister who had the clipping stored in his cell-phone, under Section 67 and 67 (A) of the IT Act.”

 

On the recent Delhi High Court order to 22 social media sites to pull out inflammatory content, Mr Duggal said,“these Web sites were trying to get away by saying they were bound by US laws and were not amenable to Indian norms.These companies want to operate in India but do not want to comply with Indian laws. If your target is the Indian ecosystem, you then have to comply with the laws here and disable content from the Indian networks at least.”

 

This happened to Google in China. Yahoo! also faced a similar situation when it was asked by France to pull out links to Nazi sites and memorabilia, said Mr Duggal.

 

“The IT Rules 2011 mandates service providers to do “due-diligence” of content that which could be a threat to national security and integration. Any aggrieved party can lodge a complaint against content online. The Web sites are then required to pull out the content within 36 hours from the Indian network. Failing to do so invokes penalties”, said Mr Duggal.”

In this news report, Cyberlaw Expert Pavan Duggal quoted as under:-

“When the law was framed, there were no technologies like MMS or sophisticated devices like mobile phones Latest News about mobile phones with cameras. The IT Act is struggling to cope with the change in modern technology,” Duggal told UPI in an interview. He said that the panel had recommended several changes in the IT Act, but none was implemented since not many of the suggestions favoured the government perspective.

 

Duggal said that section 79 of the IT Act holds the network service provider guilty until proven innocent. “It is not fair to hold network service provider responsible for the data processing of a third party,” Duggal said.

 

He said that the Delhi police have implemented the law in letter but not in spirit. “Bajaj’s arrest was completely unwarranted,” Duggal said, adding that police action will affect the outsourcing Latest News about Outsourcing industry. Just over a month-and-a-half ago, two 11th-grade students from Delhi Public School filmed themselves on the boy’s mobile phone during an oral sex act “just for kicks.”

In this news report, Cyberlaw Expert Pavan Duggal quoted as under:-

“Cyber-crimes against persons and property have been made bailable. It will be difficult now to convict cyber criminals under the IT Act,” said cyber law expert Pavan Duggal. As per the new rule, hacking will be coming under the ambit of computer-related offences that are bailable, while the original legislation had stipulated jail term up to three years and Rs 2 lakh fine for this crime. In this sense, a criminal released on bail can just delete all electronic records and go scot-free, he added.” Read More

In this news report, Pavan Duggal, Advocate, Supreme Court of India quoted as under:-

“Cyber secrecy and network security are extremely relevant in today’s context,” said Pavan Duggal, chairman of Assocham’s cyber law committee. “Both the requirements of national sovereign government as those of balancing the needs of data protection and privacy have to be appropriately addressed,” he added.He also emphasised the need to ensure that relevant stake-holders are not burdened with costs of compliance in a manner that makes it difficult for them to run a business.” Read More

Cyber law expert and advocate Pavan Duggal points out:-

“There is legal protection against the Centre and states violating the privacy of an individual, but there is nothing to stop another private individual from doing so.”

 

The issue of the right to privacy also raises another question. Should the use of hidden cameras be regulated so that they can be used for ‘fair’ purposes – like exposes by the media? Duggal says he would support such regulation, but adds that in cases where “the rights of the individual are infringed and unsuspecting individuals are filmed to cater to voyeuristic needs of others, the law should have stringent punishments like five years in prison not just for the cameraman but also the distributor.”

 

Duggal also stresses the need to train the police. “It is essential that the police be equipped to handle such crimes as they are the first contact with the complainants,” he says. He claims that 500 cyber-crimes occurred in Delhi last year, of which only 50 were reported and charges framed in only one case.” Read More

In this news report, Cyberlaw Expert Pavan Duggal quoted as under:-

 

“It’s time for insurance companies to provide thought leadership in this space,” concurred Pavan Duggal, a lawyer and consultant on cybercrime legislation.

 

For every 500 cybercrimes that take place, only 50 are reported; just one cybercrime is registered with the police and a cyber-criminal is rarely caught, said Duggal.Read More

In this news report, Pavan Duggal quoted as under:-

 

“It is becoming extremely important for India to have in place a distinctive legal regime promoting data protection,” said Pavan Duggal, a Delhi-based cyber law consultant. “This is necessary to create appropriate confidence among investors and foreign companies to the effect that the data they send to India for back-office operations is indeed safe, and there are appropriate statutory mechanisms in place should a breach of data take place.”

 

“However, foreign customers are, increasingly, realising that such contractual obligations are not necessarily the best effective remedy available,” said Duggal.Duggal added that the government should consider penalties up to between $5.5m to $11m for breaches of data.

 

One case reported was of an employee in a call centre in Noida, who last year misused the credit card and other details of a US citizen to buy electronics equipment from Sony. “He was caught, arrested and subsequently convicted for online cheating in the subcontinent’s first cyber-crime conviction,” said Duggal, who was the counsel for Sony.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“India is beginning to witness mature cyber-crimes involving a lot of meticulous planning. However, along with this growth in cyber-crime, we are witnessing a decline in reporting of such crime. It means that corporates are now not reporting incidents of cyber-crime to the police and cyber-crime cells all across the country for fear of undue negative publicity. Only one in 20 cyber-crimes that take place is reported in the country.”

 

“The level of cyber-crime in India is pretty evolved. Various mature level cyber-crimes occurred in India at a much earlier point of time than their respective emergence in Western countries. The Indian cyber-criminal is very mature and sharp and can be counted amongst the best criminal brains of the world.”

 

“The IT Act 2000 basically deals with specified cybercrimes like damage to computer source code, hacking, publishing of obscene electronic information, breach of privacy and confidentiality, and publishing false digital signature certificates or for fraudulent purposes and breach of a protected system.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

“Under Section 66 (A) of the IT Act, 2000, cyber bullying is a bailable offence, punishable with three years of imprisonment and fine. However, the complainant and police can interpret what constitutes offensive behaviour”, said cyber law expert Pavan Duggal.” Read More

Pavan Duggal, a Supreme Court advocate and an expert in cyber law said, “I think India needs to tighten its belt on online child molesters. The recent amendment of the IT Act, under Section 67 (B) now tags it as a penal offence that amounts to five-year imprisonment and `10 lakh fine. The other major issue is cyber bullying. The Section 66 (A) of the IT Act deals with this. But, in India, it has been considered as a minor offence so far. I think it should be made more stringent.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 “These guidelines will have no consequences because these are tertiary legislation. The primary legislation is the IT Act passed by the Parliament; the secondary legislations are rules and regulations, and the third are guidelines. And guidelines can’t overreach the main legislation, which is the IT Act,” said eminent Supreme Court lawyer and cyber law expert Pavan Duggal.

 

“I think we are fundamentally missing the main points. The main problem lies with section 66 (A). It is a can of worms. So, rather than opening it up and killing the can, we are just trying to give some cosmetic cover around the can. The approach is not going to be any productive till the time you amend the IT Act and amend 66 (A) so that it is in sync with the constitutional limitations on free speech under article 90 of the Constitution,” said Duggal.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“For instance, hardly a month after the devastating blasts in Mumbai on November 26, 2008 (referred to as 26/11), the government amended the IT Act 2000 to make cybercrime an offence punishable with life imprisonment and a penalty (to be decided by the court) under Section 66F. The amendments were notified on October 27, 2009. “Every bomb attack nowadays has an element of cybercrime. We have the laws but they need to be enforced,” asserts Pavan Duggal, a Supreme Court lawyer and cyber law expert, but rues: “Not a single cybercrime-related case has been registered in India till date.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“Indians are very slowly waking up to the importance of handing over confidential digital (electronic and internet-based) documents to their loved ones,” said Pavan Duggal, Supreme Court lawyer and cyberlaw expert. “For confidential reasons, I cannot disclose any details, but I have had hardly five clients who have signed a Digital Will to bequeath their confidential data to the next of kin. These are the crème de la crème of the society, besides being tech-savvy people.”

 

“People have no clue how much digital data they generate, and there’s so much data they may wish to share with their loved ones even after they are gone,” he added.

 

A Digital Will in India, however, is not part of an existing legal framework. “While the IT Act 2000 protects the sanctity of electronic records, there’s no such provision for Digital Wills. This has been the case for almost a decade since the Law came into being. The government ought to revisit this,” said Duggal.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

“These numbers give us a false sense of security,” said cyber law expert and Supreme Court lawyer Pavan Duggal. “They fall way short of the reality. For every 500 cybercrimes that take place, only 50 are reported to the police and just one gets registered as an FIR (first information report),” Duggal said.

 

Another cyber law expert Na Vijayashankar, who runs cyber law information portal Naavi, also said the number of registered cases appears to be very low. “There’s no organized method of collecting information from states, because of which these numbers do not reflect reality,” he pointed out.

 

According to Duggal, the police continue to register some cybercrime cases under the IPC Act (and not the IT Act) since they’re more familiar with the IPC. “There have been only three reported cybercrime convictions till date—two under the IT Act in Chennai and one under IPC in Delhi,” he added.”

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

“It is becoming extremely important for India to have in place a distinctive legal regime promoting data protection,” said Pavan Duggal, a Delhi-based cyber law consultant. “This is necessary to create appropriate confidence among investors and foreign companies to the effect that the data they send to India for back-office operations is indeed safe and there are appropriate statutory mechanisms in place should a breach of data take place.”

 

“However, foreign customers are increasingly realizing that such contractual obligations are not necessarily the best effective remedy available,” said Duggal.Duggal added that the government should consider penalties of $5.5 million to $11 million for breaches of data.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“You need to have a mix and match addressing specific offences but also taking into account new technologies and cybercrimes,” said Pavan Duggal, Chairman of Cyber Law and IT Act. Committee in India, where data theft and unauthorised data use is posing the biggest challenge in cyberspace.”  Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“Although establishing the CERT-Fin is a nice move towards improving cyber security in the banking and finance sector, we need far more focus to safeguard computer networks and payment gateways targeted by state and non-state actors,” Pavan Duggal, a cyber-law expert, told IANS.

 

“We had expected far more allocation of funds towards fighting cyber-crime, including initiatives towards strengthening our cyber law enforcement agencies in the budget. We also need to strengthen our cyber law so that online fraudsters can be nailed fast,” Duggal added.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“Today, a lot of work in personal, professional, social and governance space is being done on the Internet. Therefore, there is a need to look at the issues in cyber space. It is here that issues like cyber law, cyber-crime and cyber security come in,” Pavan Duggal, president, cyber laws.net and Supreme Court advocate, told IANS on the side-lines of a round table on cyber law, cyber-crime and cyber security here.

 

Duggal said big trends like cyber terrorism and radicalization are going to hit big time in India. “We quickly need to put legal framework to check this before it happens. Unfortunately, we do not have it. We have a provision but it is not completely effective,” added Duggal, a cyber-law expert.

 

“Everybody is vulnerable. It is given that you will be attacked, and the bigger issue is not that you should be attacked or not, it is once you are attacked, how quickly you are able to come back to normalcy,” he noted. For cyber-resilience to get enforced, there is a need of enabling legal frameworks where law does not penalize you in case your network is accessed in an unauthorized manner. This framework should save companies from being slapped with various lawsuits by users who say their personal data has been breached, Duggal pointed out.

 

To a question about changing trends in accessing the information and attack on the internet, Duggal said that attacks will constantly happen. “Till now, companies were attacked from superficial net but now attacks are happening from the ‘dark web’ where the identity of the attacker is difficult to be found out,” he told IANS. “We need cyber-laws to give companies power to fight these attacks. People will start getting confidence into your ecosystem once they realize there is a legal framework in place which actually allows state to prosecute cyber-criminals effectively,” Duggal added.

 

”But when law enforcement agencies themselves conduct it, then the line becomes blurred. We need to have more clarity. If it is a crime, it should be a crime for an individual person or any law enforcement agency,” Duggal explained.”

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“There is an absence of national industry platforms to represent the cumulative interest of intermediaries,” Pavan Duggal, advocate at the Supreme Court, told the gathering. ”While cyber-law as a discipline is integral to today’s corporate operations, stakeholders need to understand the nuances of cyber legal frameworks, the knowledge of which is currently very limited,” Duggal added.

 

“Legislative and policy action in areas pertaining to data protection, privacy, cyber security and amendments to the Indian Information Technology Act, 2000, is required in India to support India’s march towards cashless digital economy,” Duggal said.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“Indian smartphone users are at the same risk as users in the US when it comes to sensitive personal data and information being copied from phones and transmitted to undisclosed locations without their consent or knowledge. This is owing to the security vulnerabilities that exist in the Android system,” explained Pavan Duggal, one of the nation’s top cyber-law experts.

 

“If the government comes to know that Chinese smartphones are stealing users’ data from their customers, then it is very apparent that our cyber law is not at all adequate to deal with such challenges,” Duggal told IANS.

 

“One of the biggest challenges in this regard would deal with the issue of attribution. How would the Indian agencies be able to attribute to the fact that the said misuse has been done from the indicated/suspected source. The issues pertaining to attribution need far more clarity,” Duggal noted.

 

Keeping new-age security needs in mind, steps must be taken to make Indian cyber-law more effective and redressal mechanisms must be built in for the users who are part of the digital and mobile ecosystem, Duggal added.” Read More

 

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

Pavan Duggal, a Supreme Court lawyer said, “The IT Act of 2000 was primarily legislation promoting e-commerce and the concept of social networking was not even heard of then. Thus, this clause was incorporated because of the widespread use of micro blogging and social networking sites.” “This trend is catching up now, especially in divorce cases. Although it started only last year,” Duggal said.

 

Citing Anu Sharma’s example, who suspected her husband of lying to her and found proof in the form of a tweet and filed for divorce, Duggal said, “Her husband used to give her excuses that he was going out on business tours. But instead he would meet friends and socialise. Finally, he was caught when on one of his so called business tours he tweeted, “Having a great time with friends over beer. I am in town, come over and join me.” “Tweets and status messages are usually taken up as secondary evidence. And they are as important as the primary ones,” said Duggal.

 

“Any written word available in the public domain can be used under this Act. A statement like this can be used on grounds of mental cruelty,” added Duggal.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

“Cashless economy is Prime Minister’s futuristic approach but India is still not prepared to become cashless economy. We have major loopholes that need to filled like the country needs a dedicated legislature on digital payment,” says Pavan Duggal.

 

Duggal says, “As per National cyber policy it has remained to be just a collection of statements. It was aimed that India will boost manpower in cyber security by 10 lakh employee per year for development and research but on contrary we hire have just 20,000 employee. There exists a huge gap in National Cyber Policy implementation.”

 

“The absence of cyber security framework for ATMs is like a dream come true for hackers. Updating the software of ATMs and beefing up the cyber security framework should be a mandatory provision, not an optional exercise,” says Pavan Duggal, a cyber-law expert.

 

“The country needs a cyber-security law that defines the duties of the stakeholders, starting from the banker to users,” he added.” Read More

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

 

“Cyber law expert Pavan Duggal states that by making the superintendent of police or an officer above register cases under this section does not help the purpose one bit. “It is like fixing a leaking roof with a band aid,” he says.

 “Now if the amendment to 66 (A) gives the power to the SP or an officer above him, it would mean that both Sections 78 and 80 need to be amended,” Duggal points out.

 “Moreover, these amendments would only mean we are reverting to earlier position. Under the IT Act of 2000 only an officer in the level of DSP or above could probe such cases. Further and amendment in 2008 stated that an officer in the rank of an inspector level could also probe such a case,” he notes.

“It is very important that Section 66(A) remains in sync with Article 19 (2) of the Indian Constitution which deals with free speech. The problem is that the definition of free speech under Section 66 (A) goes beyond the definition as envisaged in the Indian Constitution. This makes Section 66 (A) ultra vires of the Constitution. Clearly the need of the hour is much more work on the subject and if any change or impact has to be made then, the lawmakers should think of getting 66(A) in sync with Article 19 (2) of the Constitution of India,” he adds.”

In this news report, Pavan Duggal, Cyberlaw Expert quoted as under:-

“Cyber secrecy and network security are extremely relevant in today’s context,” said Pavan Duggal, chairman of Assocham’s cyber law committee.

“Both the requirements of national sovereign government as those of balancing the needs of data protection and privacy have to be appropriately addressed,” he added.

He also emphasised the need to ensure that relevant stake-holders are not burdened with costs of compliance in a manner that makes it difficult for them to run a business.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

Despite the Unique Identification Authority of India claim that individual security could not been compromised by unauthorised access of the sort reported by the Tribune, Pavan Duggal, a lawyer who specialises in cyber security, disagreed. “Demographic data is largely private data and there is a tremendous amount of risk associated with the unauthorised access of such data,” he said. “It is a goldmine for criminals, in both physical and virtual spaces, who can target any individual through such private data.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Without effective cybersecurity measures in place, such data breaches and instances of unauthorised access to Centre’s databases would keep on happening, says cybersecurity expert Pavan Duggal. A Supreme Court lawyer, Duggal has been a vocal critic of Aadhaar since the project was launched in 2009, owing to concerns around national security and sovereignty.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Currently, privacy protection under Aadhaar is not strong as cybersecurity has been just given a lip service. Aadhaar has been walking on thin ice. Since 2009-16, there was no law governing it. It was granted legality presuming that Aadhaar will be voluntary.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“This is a step in the right direction,” said Pavan Duggal, a cyberlaw expert. “India is alive to the possibility of breach of cybersecurity. Putting our cybersecurity as mortgage to foreign firms is not a solution.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“My personal belief is that with Aadhaar, India is sitting on a volcano, which is about to burst. You have no clue of what kind of potential ramifications Aadhaar breaches will have on people’s privacy, private lives and digital existence in the coming times,” said advocate Pavan Duggal, who specialises in cyber law.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“People have many doubts about the safety of their information and the adequacy of current laws in addressing the issues that may arise from any future breach of privacy or data theft from Aadhaar database or its vast network.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“Increase in cybersecurity breaches has demonstrated that existing legal frameworks are not adequate.” Read More

In this news report, Pavan Duggal, Cyber Law Expert and Advocate Supreme Court, quoted as under:

“According to senior cyber lawyer Pavan Duggal, cybersecurity was not introduced at the start by the UIDAI and that is why there have been so many cases regarding data breach. Also, he said people have become increasingly concerned about privacy and consequently, the UIDAI had come up with the concept of a ‘Virtual ID’.” Read More