Friday, January 1, 2010

CYBERLAW TRENDS OF 2010

CYBERLAW TRENDS OF 2010


BY

PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF INDIA
PRESIDENT, CYBERLAW ASIA
PRESIDENT, CYBERLAWS.NET



In the year 2010, the growth of Cyberlaw jurisprudence is likely to be important and significant. Various challenges are likely to arise as the evolution of Cyberlaw jurisprudence continues.

One of the biggest problems and challenges that Cyberlaw is likely to encounter in the year 2010 is the development of jurisprudence pertaining to social networking.

Social networking has gained centre stage currency and is of extreme relevance today . However, misuse of information as also various other criminal and unwarranted activities on social networking platforms and social media is ensured that there will be number of legal challenges that Cyberlaw jurisprudence will have to tackle in the year 2010.

So significant is the subject that the United Nation Internet Governance Forum has created the Dynamic Coalition On Social Media And Legal Issues to look into the specific issue. It will be interesting to see how legislations across the world deal with these complicated legal issues pertaining to social media and social networking.

Another major important challenge for the growth of Cyberlaw in the year 2010 will be the evolution and development of appropriate legal responses to the complicated legal challenges poised and raised by cloud computing and virtualization. Cloud computing is likely to gain more momentum and strength. However, legislations across the world need to come up with enabling provisions so as to ensure that the companies are benefited by the benefits of cloud computing and are not inhibited or prohibited by the various complicated legal challenges surrounding cloud computing or virtualization.

Cyber crime will continue to grow at an enormous rate in the year 2010. Cyber criminals and cyber terrorists will continue to keep on ingeniously using technology and Internet for their own vested criminal interests and benefits.

Cyberlaw jurisprudence in the year 2010 is likely to see far more development of the legislative provisions aimed at further effectively regulating these cyber criminal and cyber terrorist tendencies in the electronic and digital environment.

Information security and cyber security will continue to be major thrust areas as far as growth of Cyberlaw jurisprudence growth in the year 2010 across the world is concerned.

The emergence of Internationalized Domain Names is likely to throw up very complicated legal issues and challenges which will also engage the attention of Cyberlaw jurisprudential thinkers and legislative departments of various sovereign Governments as time passes by in the year 2010.

Further, we are also likely to see far more growth of cyber terrorist tendencies and activities on the Internet and the permeation of social networks and social media by cyber criminal and cyber terrorists. It will be interesting to see how Governments across the world use their existing and proposed legal legislative frameworks in order to appropriately regulate these highly undesirable and unwarranted activities.

Further, the year 2010 is also likely to see complicated legal issues arising from mashups gaining more prominence. Google wave has just started the trend which will further be consolidated in the coming times.

The emergence of real-time web search and real-time internet is the biggest phenomenon that is likely to be far more consolidated in the year 2010. The year 2010 will be the year of the real-time web search and real-time internet The legal complicated issues and challenges surrounding real-time internet and real-time web search will continue to surface in the year 2010. Cyberlaw jurisprudence will have to appropriately address itself to the various ticklish issues pertaining to real-time web search and real-time internet publications.

Far more innovative mechanisms and legal strategies will need to be adopted so as to meet up with the complicated legal challenges pertaining to real-time web search and real-time internet.

The year 2010 is also going to be a watershed year as far as the development of the Uniform Domain Name Dispute Resolution Policy (UDRP) and its jurisprudential growth is concerned. ICANN has already approved changes in the UDRP rules which will allow only for electronic filing of domain name disputes with the accredited UDRP service providers like WIPO. Effective March 2010, only electronic filing will be permitted which will be far more convenient and in tune with the needs of the times.

Data protection and privacy will continue to engage the attention of Cyberlaw thinkers and Governments across the world. We are likely to see far more instances of violations of data protection and privacy liberties of individuals as time passes by.

The year 2010 is further going to look at consolidation of legal regimes pertaining to electronic governance in third world countries. More and more electronic governance projects will be engaged into third world nations for the purposes of efficient effective delivery of electronic services to their citizen community.

More and more focus will be on adopting an enabling and comprehensive inclusive access to all.

The year 2010 also is the final year of the current tenure of the Internet Governance Forum of the United Nations. While there appears to be consensus that Internet governance forum will continue as a movement, the final verdict on the same is yet to be seen in the year’s Internet Governance Forum meeting that will take place in the year 2010.

The mobile internet will continue to also engage centre stage attention. More and more communication devices, mobile phones, cell phones, personal digital assistants and smart phones will be used for the purposes of accessing the Internet. The usage of mobile phones and communication devices and the broad emergence of the mobile internet will also throw up complicated legal issues which Cyberlaw jurisprudence will have to tackle as time passes by in the year 2010.

The year 2010 will be an year of happening events. We are likely to see consolidation of earlier trends of jurisprudence pertaining to Cyberlaw subjects in the present year . We are also likely to see emergence of appropriate innovative strategies for the purposes of effectively utilising technology legislation as a means for positively contributing to the environment. Technology law will impact climate legislations in the year 2010 and in the coming decade. More and more countries are likely to use technology legislation route as a means for effectively regulating or contributing to the subject of climate change.

The year 2010 promises to be an interesting year as far as the growth and emergence of Cyberlaw jurisprudence across the world is concerned. Needless to say, the year will also be marked by distinct regional and national approaches that will be adopted by distinct regions and nations while they go ahead in legislating various aspects and subjects connected to, relating or having nexus or association with Cyberlaw jurisprudence.


All and all, the year 2010 promises to be a year of adventure, distinct advancement, consolidation as also a year of tremendous excitement, as far as cyberlaw jurisprudence is concerned. It will be interesting to see how this year tackles with the growth of jurisprudence pertaining to cyber space and computers, computer systems, computer networks, computer resources and communication devices, at global, regional and local levels.

ABOUT THE AUTHOR

While a practicing Advocate, Supreme Court of India, Pavan Duggal has made an immense impact with an international reputation as a leading expert and authority on Cyberlaw and E-Commerce law. As such, his empanelment as a consultant to UNCTAD and UNESCAP on Cyberlaw and Cybercrime respectively, membership of the AFACT Legal Working Group of the UN / CEFAT, consulting as an expert with the Council of Europe on Cybercrime , inclusion in the Board of Experts of European Commission's Dr. E-Commerce and his work as an expert authority on a Cyberlaw primer for e-ASEAN Task Force and as a reviewer for Asian Development Bank speaks volumes of his worldwide acceptance as an authority on Cyberlaw. Pavan is the President of Cyberlaw Asia, Asia’s pioneering organization committed to the passing of dynamic Cyberlaws in the Asian continent. Pavan is also a member of the WIPO Arbitration and Mediation Center Panel of Neutrals and a member of ICT Policy and Governance Working Group of the UNICT Taskforce. He is the Legal and Policy Consultant to Internet Mark 2 Project, which is examining the next level of Internet. He has been invited to be an Associated Fellow of the Centre for Asia Pacific Technology Law and Policy (CAPTEL) at Singapore. Pavan is a member of Panel of Arbitrators of the Regional Centre for Arbitration, Kuala Lumpur and Asian Domain Names Dispute Resolution Centre at Hong Kong.

Pavan heads his niche law firm Pavan Duggal Associates, which has practice areas, amongst others, in Cyberlaw, Business Process Outsourcing Law, Intellectual Property Rights and Information Technology Law, Information Security Law, Defence, Biotech and Corporate Law. Pavan is also the President of Cyberlaws.Net, which is Internet's first ever-unique Cyberlaw consultancy. In addition to that, he is also the founder of the Cyberlaw Association and is also the Founder-President, Cyberlaw India. Some outstanding pioneering work in the field of cyber legal issues has resulted in his being the Chairman of ASSOCHAM Cyberlaw Committee.

E-mail – pavan@pavanduggal.com
pduggal@nde.vsnl.net.in

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