Manage The Complicated Techno Legal Issues Of State Hacking With TeleLaw Project

Good and bad are two sides of the same coin and it is very difficult to invent a technology that could be used for good purposes only. Criminals and bad elements would find one way or the other to abuse any technology and some very legitimate technologies can be used for cyber crimes and cyber attacks. We created pen testing tools but nothing prevents the cyber criminals to use them for exploiting networks and computers. Not only this, there are specific tool that have been created to indulge in cyber attacks and cyber crimes. These tools are openly available to the purchasers at dark web and payments methods are very flexible too. Another category of tools is that are made for government, law enforcement and intelligence agencies alone. Ordinary people do not have access to such tools and this makes creation of counter measures against such tools very difficult.

As a result the cyberspace has become a very unsafe, chaotic and insecure place to venture. It is not even wise to access random websites without proper anti virus, firewall, anti spyware and anti malware tools. Many websites are embedded with malware and mere access of such websites can compromise your computer if proper safeguards are not at place. We are curious by nature and this curiosity and our trusting nature is abused by cyber criminals and social engineers. Sufficient is to say it is unsafe to trust an e-mail or weblink from an unknown person who asks you to either download the attached file or to click upon a link. Spear phishing has taken this to the next level and the targeted people are approached by pretending to be a person of authority and trust. Many people fall prey to such spear phishing and lots of companies are regularly incurring monetary losses due to them.

This article is not about private individuals but about state hacking and state backed cyber crimes. It would be novice to claim that state do not indulge in hacking, spying, surveillance and privacy violation activities. All countries, including India, indulge in such activities whether they admit it or not. States also empower their law enforcement and intelligence agencies to indulge in unconstitutional and illegal spying and e-surveillance. That cannot be disputed by any nation. That is why we launched the exclusive techno legal Centre Of Excellence For Protection Of Human Rights In Cyberspace (CEPHRC) in 2009 and since then we have been fighting against any form of civil liberties violation in cyberspace.

Those working in the field of civil liberties protection can endorse that they have been targeted by state hacking in one form or another and through one mode or another. The crucial question is that if you are targeted by state hacking, whether by your own state or some other nation, what should you do to safeguard your interests? There is no one solution for all formula and every case depends upon its own facts and circumstances. If your mobile has been targeted, you need a particular strategy. If your social media account has been attacked you need a different strategy and so on. Similarly, if you have been targeted by a foreign law enforcement or intelligence agency you have a totally different solution.

What we suggest for such situations is to adopt a techno legal strategy as neither technological nor legal strategy alone would be productive. You have to align you technology solutions with not only law but also conflict of law. This is a tricky issue as laws of different countries are different and there is no harmonisation in this regard. The laws of United States are different from laws of India and what may be legal in US may not be legal in India. For instance, if FBI of US can access, search and hack any computer, device or equipment remotely while sitting at the homeland, that is not alright with laws of different countries. Similar is the case for Indian government or its agencies if they indulge in similar activities in foreign countries. With granting of legal immunity to such agencies and cyber armies, the things would complicate further. But the bottom line is that you have a solution for all such situations and our TeleLaw Project can help you in these cases. It is not fool proof solution as we cannot claim that ever but it is a good techno legal tool in your arsenal to fight against cyber attacks and state hacking. We have combined various LegalTech and RegTech Projects together and they would collectively help you to handle varied and complicated cases of state hacking.

It is important that companies possessing and dealing in very valuable intellectual property (IP), technologies, software, trade secrets, technology companies, etc must put in place a techno legal anti state hacking policy and we at Perry4Law Organisation (P4LO) and TeleLaw would love to help you in this regard. We can also help in resolving various disputes pertaining to IP thefts, state hacking and related issues by using our Online Dispute Resolution (ODR) portal. We recently investigated a spear phishing attack against a company and drafted a techno legal policy for them so they they are not defrauded of any more money. Similarly, we recently investigated a national and international phishing scam and kept on informing Indian government about such activities.

There is another crucial aspect that is related to all cyber breaches and hacking activities. Companies, banks, etc in India are required to disclose about such cyber attacks and cyber breaches to Indian government appointed agencies. But these stakeholders are not doing so and this may attract penal provisions too in near future. The problem has arisen because Indian government has failed to formulate a dedicated law for such breach reporting and companies and banks are taking the directions of government and Reserve Bank of India very lightly. The legal position is that bank officials and directors of companies are liable to be prosecuted for such lapses but in reality nothing like this happens on a significant level. However, recently Indian government hinted on changing this position and now criminal, civil and pecuniary liability of banks, companies, directors, etc could be prescribed and implemented soon. So if state A hacks a bank server or company’s system managing a critical infrastructure, their detection, remediation and reporting would become a mandatory requirement soon.

We know when implementation of even basic cyber security and cyber law policies are missing, asking Indian banks, companies, etc to formulate anti state hacking policy is expecting too much. But the damage caused by state hacking is too much and banks and organisations handling critical infrastructures cannot afford to ignore this policy. Also if you have taken care of state hacking policy, you can easily manage cyber law and cyber security policies too. But as a best practice and prudent exercise, we would recommend to proceed systematically and start with creating cyber law, cyber security and cyber deterrence policies first. of course, P4LO and TeleLaw would be happy to help you in formulating and implementing these and many more techno legal policies. Let us together create a safe, secure and civil liberties compliant cyberspace in India.

International Harmonised Laws Are Foundation For Global Trade And Digital Economy

Use of information and communication technology (ICT) has many advantages. ICT has also created many global brands and companies that are helping global stakeholders. Technologies like artificial intelligence (AI), machine learning (ML), blockchain, big data and data analysis, internet of things (IoT), etc have also created interest among many people and companies. However, there is a trend to overstate the utility and benefits of these technology and there is no concern for the regulatory compliance arising out of the use of such technologies.

When technology was used during the period of 2000, many countries enacted dedicated laws to govern use of technology of that time. India also enacted its own cyber law in the form of Information Technology Act, 2000 (IT Act 2000). It has served its purpose and now we need dedicated laws for privacy, cyber crimes, cyber security, data protection, e-commerce, e-governance, etc. As on date India has no dedicated laws for each of these fields except a  single law in the form of IT Act 2000 that has incorporated one or few sections for each field. We at Perry4Law Organisation (P4LO) request Indian government to formulate dedicated laws for the fields as mentioned above.

To help Indian government and global stakeholders to formulate and implement techno legal issues, we at P4LO have launched a unique techno legal project named TeleLaw. It is a global initiative and is helping global stakeholders in fields like cyber law, cyber security, cyber forensics, cyber crimes investigation, e-discovery, AI, ML, IoT, blockchain, crypto currency, e-commerce, e-governance, etc. The TeleLaw Blog is also sharing articles in the techno legal field for global stakeholders. We at TeleLaw would love to help Indian government, international organisation and foreign government to make and amend their laws in conformity with latest technologies and developments.

Global business community has already ignored formulating crucial laws in various techno legal fields. For instance, we do not have a universally acceptable cyber law treaty. India is still maintaining its status as a non-member of the Europe-led Budapest Convention, even as it voted in favour of a Russian-led UN resolution to set up a separate convention. Similarly, we do not have a global cyber security treaty that can be referred to resolve global cyber security related disputes. With two of the most relevant laws are missing from the international scene, we are simply ignoring the regulatory fiasco that we would face soon. Everything is depended upon effective international cyber law and international cyber security laws. If they are missing, we are inviting chaos and illegalities to our Internet and cyberspace.

For instance, if country A allows deployment of hackers and cyber armies to do all sorts of illegal acts with an immunity to such hackers and cyber armies, how can we conduct international trade in goods and services effectively? Simply throwing technologies like AI, ML, blockchain, IoT, etc into the mix would not make us either modern or help us to reap their benefits till we have a harmonised legal framework at the international level. We have also launched our own LegalTech, RegTech and other Techno Legal Projects but all of them follow both national and international laws. Not only this, they are also helping national and international stakeholders to remain on the right side of the law. We cannot keep our eyes closed and pretend that Internet/cyberspace is a safe and secure environment and simply using technologies like AI, ML, blockchain, etc would solve all problems.

We did a research on many LegalTech, RegTech and other projects by global stakeholders. What we found that their main focus is upon automation and self regulation. They have failed to understand that we can neither automate nor manage issues of cyber law, cyber security, privacy, data protection, etc by using AI, blockchain, ML, etc in totality. If we desire to use international rules and standards for these technologies, we must first resolve the conflict of law issue. We cannot and we should not automate something that does not exist or that is subject to complicated conflict of law. We can test automation and self regulation for a very limited segment of business but pushing such technologies without a robust international regulatory framework is inviting big trouble.

We have a major conflict of law in cyberspace. That is why we launched a dedicated blog titled Conflict of Law in Cyberspace, Internet and Computer Era. We are discussing how we can manage conflict of law in cyberspace, especially when we lack international norms pertaining to cyber law and cyber security. We are also trying to solve conflict of law issues using our LegalTech and TechLaw projects. We are in talk with international collaborators in this regard so that we can formulate a techno legal framework in fields like cyber law, cyber security, AI, ML, IoT, smart cities, privacy and data protection, etc. We also suggest that till the time we have universally applicable cyber law and cyber security treaties, we must strengthen the process of   mutual legal assistance treaty (MLAT).

Use of automation, self regulation and latest technology must be encouraged but only for a limited purposes till we have a comprehensive techno legal global framework in this regard. But when LegalTech and RegTech companies make tall claims with clear ignorance of the importance of regulatory oversight, that is a cause of concern. It is for the international organisations like WTO, UN, ITC, etc to choose the right direction in this regard and the right direction is techno legal in nature where both technology and law merge for the greater benefit of global stakeholders.

TeleLaw Project Is Working To Boost International Trade In Goods And Services

International trade is a complicated field to handle as it involves multiple factors and conflicting claims. Nations have their own interests to pursue and this sometimes create trade barriers across the globe. In order to safeguard their own interests, countries have drafted their own laws and regulations to govern internal and external trade. Trade policies and regulations have been drafted to give advantage to local interests and to create obstacles before trading entities from other countries. That is why we have international organisations like World Trade Organisation (WTO) to regulate international trade so that trade in goods and services can be undertaken in a uniform and just manner.

However, despite the international trade agreements and other norms, we often come across one country disputing the claims and actions of other country before the WTO dispute resolution forum. So far WTO has been able to do justice to the situation but things have started changing rapidly due to advent of latest technologies like artificial intelligence, blockchain, machine learning, big data and data analysis, internet of things, etc. The smart cities would also need smart laws that are currently missing world over. There is very little focus upon crucial fields like privacy and data protection, data and cyber security, civil liberties protection in cyberspace, international cyber law treaty, international cyber security treaty, etc. So the use and adoption of technology for international trade in goods and services is suffering from multiple challenges and shortcomings.

In order to remove these shortcomings,  we need to work upon at least three fronts to make international trade in goods and services effective. These are:

(1) Ensuring international harmonisation in legal and regulatory norms,

(2) Reduce existing conflict of laws in both international trade and other business fields like e-commerce, e-governance, digital economy, etc, and

(3) Make cyberspace, Internet and digital systems more trustworthy, robust, resilient and secure.

These goals cannot be achieved till we have international cooperation and involvement of global stakeholders in these fields. These fields require domain specific experts from their respective fields to work in a collaborative and holistic manner. We need policy makers, lawyers, judges, cyber law and cyber security experts, international trade experts, technology companies, international trade organisations, etc to collectively work in this direction.

We have launched a techno legal project named TeleLaw that is not only working upon the above mentioned three challenges but is also managing many more techno legal issues in fields like cyber law, cyber security, cyber forensics, artificial intelligence, blockchain, machine learning, big data, data analysis, smart cities, privacy and data protection, international trade, e-commerce, e-governance, digital economy, crypto currency, etc. The list is just illustrative and we cover many more techno legal fields.

The TeleLaw Project is already working to streamline international trade in goods and services by acting as a bridge to remove the techno legal gaps that exist as on date. We have techno legal expertise of more than 15 years and we understand both technology and laws. We also understand how to most effectively use technology and laws to make international trade in goods and services effective and hassle free. We understand the banking system, supply chain, logistics, KYC and anti money laundering norms, etc too. We understand how international laws in fields like trade, cyber law, e-commerce, etc work and how to modify them to make them compliant with contemporary requirements.

We understand the significance of collaboration and partnership and that is why we are engaging in collaboration with national and international stakeholders in fields like legal, technological, trade experts, etc. We are already testing some very effective open source tools in fields like cyber law, cyber security, cyber forensics, artificial intelligence, e-discovery, machine learning, blockchain, big data, etc. We are testing them in the context of a model smart city and a model global international trade system. Our aim is to create a digital ecosystem and digital economy that can benefit global stakeholders in fields like international trade, e-commerce, commerce and business, etc.

Once our collaboration and funding stage is over, we would discuss more about our global model that would incorporate many more techno legal features, facilities and technological tools. We hope our TeleLaw Project would provide useful to global stakeholders.

Online Dispute Resolution (ODR) Is The Future Of Global Dispute Resolution

It has been a long journey for us in the field of online dispute resolution (ODR) that started in the year 2004. We have been spreading awareness about ODR and e-courts since 2004 but both these concepts are still to be used to their fullest possible extent. This never discouraged us to ignore use of ODR for national and international stakeholders.

In order to spread awareness about ODR and to make stakeholders comfortable with ODR process, we launched two separate portals in this regard. The first one is a pro bono portal that is used by Indian stakeholders widely. The second one is a professional portal that we have recently launched after training Indian stakeholders in the field of ODR. We have also launched a ODR training portal in this regard that would train legal and non legal professionals in the field of ODR. We have launched these initiatives keeping in mind the end users and it just takes 2 minutes to initiate the ODR process at our portals.

With this brief background information, let us discuss what ODR holds for the global stakeholders. Whether we like it or not, ODR is the future of global dispute resolution and it would be better if national and international stakeholders start using it right now. This is so because it takes some time before projects like ODR are fully implemented at national and international levels. We can always use open source tools and latest technologies like artificial intelligence, blockchain, machine learning, etc for ODR but that would not solve the challenges before future ODR projects. For any project to be successful, it must have strong and dedicated project implementation and customer support teams. Without a trained manpower, ODR can never be successful. Even the best arbitrators of the world would be needing to adjust their arbitration and mediation practices for ODR.

So it is better if all involved stakeholders are well prepared to handle the future ODR mechanisms. We have already invited domain experts from various fields for our ODR project and once that exercise is over, we would impart a brief online ODR training course to those who would request for the same. It would be a free training course so that the techno legal panelists of our ODR project can help global stakeholders in best possible manner.

Many people believe that ODR is not meant for them. But that is a fallacy and soon they would find themselves in the mid of such ODR proceedings but without any clue. For instance, whenever Perry4Law drafts any agreement, it incorporates the ODR clause. Just like the traditional arbitration clause, if an ODR clause is present in an agreement, in case of disputes the parties would be mandatorily required to engage the ODR panelist or ODR institute. We have the privilege of being the exclusive techno legal ODR institution of the world. That is because we are exclusively providing ODR services in fields like cyber law, cyber security, cyber forensics, e-discovery, artificial intelligence, machine learning, blockchain, privacy and data protection, smart cities, international trade, e-commerce, e-governance, etc. The list is just illustrative and more about our global techno legal services can be seen at the TeleLaw Project.

Just like us, many more law firms have now started using the ODR clause and once that is there in the agreement, parties would be required to use ODR mechanisms to resolve their disputes. Also as more and more companies have started recognising the value of benefits of ODR, they are themselves insisting on the use of ODR clause instead of the ADR clause. So their is a gradual and constant shift towards ODR and there is no escape from it.

If we keep aside parties autonomy for the time being, even courts and government have started encouraging use of ODR. Courts around the world are over burdened with cases involving small claims and these cases can be resolved using ODR. For such cases, ODR is the best solution as it is cheap, user friendly, less time consuming and costs of ODR are negligible as compared to traditional litigation or even arbitration. So there is a policy shift towards use of ODR as well and soon such policies would be transformed into applicable and binding laws too. The New Delhi International Arbitration Centre Act, 2019 of India is a step in this direction and soon Indian government would actively start using ODR too. In fact, India may be a global hub for institutional arbitration and ODR soon as we are working day and night to achieve that goal.

When law firms, companies, parties and even government have started encouraging ODR, ignoring it is not a good strategy. This is the time that all stakeholders must work to incorporate the ODR concepts and mechanisms in their policies and seek help of those ODR service providers who fit in their business model. As our ODR projects are global in nature, please feel free to use them for your present and future dispute resolution. We can help you from the stage of contract drafting to ultimate dispute resolution and everything can be managed in an online environment. Let us work together to have a litigation and dispute free business culture for global stakeholders.

Seed Funding And Angel Investment Opportunities For TeleLaw Project

We feel overwhelmed and speechless with the response that we have received for our TeleLaw Project from national and international stakeholders. Whether they are our collaborators or tech solutions providers or fund providers, everybody has been very generous to us. It is amazing how national and international stakeholders can group together to create wonderful products and services. Both LinkedIn and Twitter played a major role in forming a team of like minded people from around the globe within few days of interaction. So use social media portals like LinkedIn and Twitter for networking and collaboration.

While seeking like minded team and investors for our TeleLaw Project, we came across wonderful people who are an ocean of knowledge in their respective fields. For some time we literally forgot that we were also looking for funds for our TeleLaw Project as we just kept on learning from them. A special thanks to Indian investors and serial entrepreneurs who are very cooperative in helping startups and entrepreneurs. No matter wherever these Indian torchbearers are residing, they are always available to help Indian startups and entrepreneurs.

However, what we felt (and we may be wrong) is that while explaining about projects that do not fall in the common stream (like legaltech), there is some difficulty in appreciating the true impact, nature and significance of these projects. May be that is why project reports and pitch decks are insisted upon but no document can ever reveal the true nature of a project and a common understanding of both the project and its funding requirements is need of the hour.

In this post we are trying to explain what TeleLaw project is all about. We are maintaining a dedicated blog for TeleLaw Project so that national and global stakeholders can know more about it. We have also uploaded a brief project report (pdf) and pitch deck  (pdf) for the TeleLaw and other projects of PTLB. We are always available on LinkedIn, Twitter, e-mails. Skype, WhatsApp, etc to answer further questions and queries and to collaborate with like minded people.

So let us start explaining the brief details about TeleLaw Project. The TeleLaw Project is a combination of technological and legal aspects clubbed together in a single portal to serve national and international stakeholders. It is a professional and commercial project that is also providing pro bono services to those who cannot afford contemporary and complicated techno legal services. This pro bono initiative is undertaken as part of our corporate social responsibility and to bridge the access to justice and justice for all gap that is currently in existence world wide.

We have empowered national and international organisations and various segments of Perry4Law Organisation (P4LO) and PTLB to refer and recommend people who would be entitled to our pro bono services. If a stakeholders in unable to get a reference for pro bono services, any of our Twitter handle can refer him/her for the services. So no genuine person would  be denied our techno legal assistance in any case as we would help him/her/it in one form or another.

As far as clients and targeted stakeholders are concerned, TeleLaw Project is meant for business to consumer (B2C), business to business (B2B), business to government (B2G) and other segments. It has unique techno legal offerings for almost all national and international stakeholders. For instance, TeleLaw Project would work in close association with open source projects in legaltech, edutech and techlaw fields. TeleLaw would also collaborate with international organisations working in the fields of cyber law, cyber security, intellectual property rights, international trade, etc. TeleLaw would also collaborate with stakeholders working in the fields of techno legal education and skills development. TeleLaw would collaborate with global legal fraternity, para legals, judicial institutions, etc too.

We are bound by the professional commitments and ethical norms and we cannot disclose the details of projects on which we are collaborating with national and international partners. Sufficient is to say that for the present TeleLaw project we have just scratched the surface. The TeleLaw Project would soon be supported by latest technologies like artificial intelligence, machine learning, big data, blockchain, etc and many more tech features would be added to it soon. Not only tech, but many more business models and features would be added to it too.

As far as legal status of TeleLaw is concerned, it is backed up by two legal entities. These are PTLB Projects LLP and TeleLaw Private Limited and they have been recognised as edutech, legaltech and techlaw startups by both Department for Promotion of Industry and Internal Trade ( DPIIT ) and Ministry of Electronics and Information Technology (MeitY), Government of India. So they are not liable to angel tax and have other regulatory and compliance benefits too.

Last but not the least. What we love most about TeleLaw Project is that it is an integrated and holistic project. We have created the project in such a manner that other techno legal projects of PTLB and P4LO could be used to strengthen it further. Consider an example in this regard. The company A is our client and it is seeking techno legal services of TeleLaw. Now from contract drafting/contract reviewing to resolution of any potential dispute, TeleLaw project can manage everything without a single person leaving his/her home. Everything is online, including the dispute resolution system. We have a professional and paid online dispute resolution portal that can be used for global dispute resolution. We also have a pro bono and training ODR portal that is currently being used by various Indian stakeholders to resolve their disputes. The best part is it just takes 2 minutes to initiate the dispute resolution process at our ODR portals. So TeleLaw would be a single place techno legal portal that would be used by global stakeholders for multiple purposes and this makes it a very significant and profitable venture to invest in.

It is neither possible nor feasible to explain everything about TeleLaw Project in public domain and in an open manner. But this post, along with the links provided in it, would be sufficient for our collaborators, tech suppliers and fund providers to make up their mind and to invest in the same in best possible manner. We invite our Indian investors to extend seed funding and angel investment to TeleLaw project so that we can grow together and make India a hub for techno legal services.