CyLawCom Audit for Cyber Cafe
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Background: CyLawCom Audit is an audit of the business process of an entity from the objective of identifying Cyber Law related risks of business. The audit is normally followed by a recommendation on actions to be taken to bring the Cyber Law Compliance level to an acceptable level. CyLawCom audit is typically undertaken in two phases. The “CyLawCom Risk Audit” phase is the phase in which the risks are identified and a “Risk Assessment Report” is made available to the management of the organization. The “CyLawCom Compliance Audit” is the phase in which the organization’s efforts of “Cyber Law Risk Compliance Measures” based on an earlier “Risk Audit” is evaluated and a “Compliance Certificate” is issued by the audit agency to a “CyLawCom Certifying Agency”. CyLawCom Audit process has been developed by Cyber Law College and is undertaken through professionals trained in “Techno Legal Cyber Security Aspects”, referred to as “CyLawCom Examiners”. Cyber Law College enrolls qualified professionals as “Provisional CyLawCom Examiners” to whom necessary training is administered to undertake such audits. Additionally, “Certified CyLawCom Examiners” are being developed through a competitive qualification examination. CyLawCom Audit for Cyber Cafe Cyber Cafes are intermediaries who provide facilities for Internet Access and related services for a fee. They fall into the definition of “Intermediaries” under Information Technology Act 2000 (ITA-2000). By the very nature of the business of Cyber Cafes, there are possibilities of Cyber Café users committing Cyber Crimes. By virtue of being the owners of the network, Cyber Café and its owner may become liable for such crimes unless they are able to claim protection under appropriate provisions of the ITA-2000. The CyLawCom Risk Audit and Compliance Certification is a service which enables Cyber Cafes to identify the best practices that may be considered as adequate “Due Diligence Practice”. Following an adequate “Due Diligence Practice” with lack of knowledge of a crime being committed could provide protection to a Cyber Café owner from being held liable for Cyber Crimes that may occur through his network. Disclaimer: The CyLawCom Audit process takes adequate care of the expectations of Law and Law Enforcement Agencies in the Indian scenario on a dynamic basis. However, it must be recognized that CyLawCom Audit process is a voluntary Cyber Law Compliance of the Cyber Café owners and does not create an obligation on either the Law Enforcement or the Judiciary to accept it with or without reservations. Further, the audit and certification may be a reflection of the status as at a point of time and cannot guarantee a continued compliance between two points of reference times. Neither the Auditors nor the Certifiers are liable for any consequences in the event of the process falling short of Policing or Judicial expectations. For details contact naavi@vsnl.com by e-mail |