Links

Legal Aspects Of Digital Preservation In India by Baljeet Singh — last modified 02-07-2009 09:40

Digital preservation is not an easy task. On the one hand there are technical requirements that are difficult to manage whereas on the other hand the legal and regulatory norms become hindrance in the process in certain circumstances. The Intellectual Property Rights (IPRs) issues in the digital era are also closely related to the requirements of Digital Preservation in India. With the rapid advancement of technology day by day, old applications and methods are becoming obsolete. We need to upgrade them from time to time. We also need to change form of various IPRs protected works from one form to another. This sometimes results in copyright, trademark, patents, etc violations. In short, IPRs issues in the digital era and cyber space are difficult to manage and we need both good policies and laws to manage the same effectively. Similarly, issues of “Legal Deposit” of electronic contents (e-contents) or materials also require a special attention. Resource shifted, will be back soon at the current resource.

Digital Preservation In India: An IPR Perspective by Baljeet Singh — last modified 02-07-2009 09:42

India must keep in mind various “hurdles” while engaging in the process of “Digital Preservation in India”. An incomplete or half-hearted approach would not produce the desired results. Perry4Law recommends that the Government of India must gain “Techno-Legal Expertise” before initiating any ambitious project like Digital Preservation. A suitable “Public-Private Partnership” may empower India to meet the mandates of “Techno-Legal Expertise”. Resource shifted, will be back soon at the current resource.

Digital Rights Protection And Management in India by Baljeet Singh — last modified 02-07-2009 09:47

India is planning to enact a law on the lines of Digital Millennium Copyright Act (DMCA). The same may not be fruitful if we fail to appreciate the ground realities existing in India. Merely superimposing foreign laws is not enough. We need to first analyse the situation in India in a holistic manner and then only should take steps towards the enactment of any law in this direction. It would be a wrong strategy to “blindly follow” the US Law(s) DMCA, 1998. India needs a Techno-Legal Law that is in conformity with Indian Standards and Norms. Otherwise the fate of any such future law would be same as it happened in Canada. Resource shifted, will be back soon at the current resource.

Consolidation Of Digital Preservation In India by Baljeet Singh — last modified 02-07-2009 09:50

We have consolidated our efforts in the direction of Digital Preservation and the same is now available in the form of the initiative titled “Legal Enablement Of ICT Systems In India”. From now onwards all issues pertaining to Digital Preservation would be primarily dealt with by us at that platform. Of course, the Policy and Strategy Issues pertaining to ICT would continue to be discussed at Reclaiming India. Resource shifted, will be back soon at the current resource.

Cyber Forensics And Digital Preservation by Baljeet Singh — last modified 02-07-2009 09:51

Digital preservation (DP) is very wide in scope. It covers almost all the segments of public dealings. An interesting application of DP arises in cases of forensics including cyber forensics. Forensic digital data bank management is a complex DP process. The data bank contains information on intimate and non-intimate objects. Along with the management issues legal requirements are also involved. The civil liberty issues like privacy rights, ethical issues and human rights occasionally require legal authority and permissions. Some data banks are for temporary period (for identification) whereas others are to be preserved for long period (convicted persons). Also the non-intimate objects like paint, glass, fiber, ink, toner, cartridge, bullet etc need long term preservation. Data should be in the databank till conviction or till death of the criminal. Data collection is a problem and updating it is even bigger. Forensic Data Banks are used for detection and prevention of crime (face, voice, fingerprint etc.) or for detection and prevention of crime or for linking crime with criminal or to prove innocence (DNA, fingerprint, biometrics, counterfeit currency, firearms, signature etc.) or for identification (during disaster – biometric like DNA, dental, fingerprint, iris, ear, endangered animals/plants etc.). To be legally sustainable, the data bank management needs authenticity of data, integrity and identity of the data, chain of custody, etc. The cyber forensics issues are going to increase in future. However, it requires tremendous efforts and expertise in this regard. There is a need to formulate suitable policies at the national level to make this successful. Perry4Law has been working in this direction so that India may have proper legal, regulatory and policy framework for digital preservation in India. Resource shifted, will be back soon at the current resource.

A Techno-Legal Analysis Of Digital Preservation In India by Baljeet Singh — last modified 02-07-2009 09:55

Digital Preservation is neither a technical nor a legal issue. Rather it is a techno-legal mandate that requires domain specific techno-legal expertise. The technology as well as legal issues are involved almost with all the segments of the society. The scope of digital preservation is increasing and so is its importance. The resource abovementioned is one of the few techno-legal resources that are analysing digital preservation from a techno-legal perspective.

Digital Preservation And National ICT Policies And Strategies by Baljeet Singh — last modified 02-07-2009 09:56

Information and Communication Technology (ICT) is becoming a major tool for economic growth and societal development. Digital Preservation (DP) being an important part of ICT also requires attention at the national policy level. The ICT Policies and Strategies of a nation must incorporate sufficient provisions regarding DP so that it may grow and develop. However, DP is a neglected issue in developing and under developed countries that are otherwise rich in culture, heritage, natural resources, etc. This resource is providing valuable inputs for ICT Policies and Strategies to Indian Government along with suggestion for National Digital Preservation Programme Of India.