The Cyber Patroller

Cyber Lawyer Debasis Nayak, Co-Founder of the Asian School of Cyber Laws Throws Light on His Profession

Best Thing About the Job
It allows me to make a career out of things I love doing, i.e. studying and researching both computers and law. I find the exercise of creatively interpreting the English language in a manner where it can be applied to satisfy seemingly impossible legal requirements for a given set of facts fascinating.

Additional Perks
I get invited to speak on cyber crime, cyber crime investigation and cyber law, addressing diverse sets of audiences that range from students, businessmen, law enforcement personnel, the judiciary, government officials to defence establishments! I’ve been invited to the Bar and Bench in Mauritius and Ghana to speak on cyber law. Teaching is a natural outcome, which I love doing. It is a good feeling to be able to provide insights about a field which affects all of us today but about which most of us hardly have any idea. On a lighter vein, nothing beats the incredible expression on a techie’s or an IT engineer’s face during a workshop or lecture when I tell him that I am a lawyer and have had no formal training in information technology!

Growth Opportunities
This is the field to be in. Competition is almost non-existent and growth opportunities are limitless. Whether you are an in-house counsel, working in a law firm, working as a consultant or as an independent legal practitioner, if you can improve your skills and be patient, there is no proverbial glass ceiling as far as growth is concerned.

Remuneration
I remember someone asking me in 2001 if it was true that cyber lawyers starved! We have come really far since then. On a more serious note, it is difficult to put a finger on the exact amount because it depends on which sector one is in. I can say with conviction that cyber lawyers make enough to afford a very comfortable living! This is only going to go upwards in the years come. If you are not aware of cyber law, you will become obsolete.

The Challenges
Technology changes fast. Law does not. We have to keep abreast of all technological developments in the IT field to understand complex matters and advise clients appropriately. This can be quite challenging. Secondly, the development of IT law principles by Indian courts is at a fairly nascent stage. Therefore, it is often difficult to find precedents to cite before a court. This means that considerable time and effort is required to be spent researching judgments of foreign courts (in common law jurisdictions) and trying to find the ones applicable to the case in hand for persuading a court to accept your point of view.

A Typical Day at Work
Counselling clients or if there is a matter for litigation, preparing for it. I like to argue cases which I myself have drafted, so that takes a lot of time. In between, I try to catch up on what’s happening in the IT world from mailing lists, search engines, social media, relevant forums and online magazines. On quite a few occasions, there may be speaking assignments. I also spend a substantial amount of time reading up on developments in the US and other countries on IT law.

Skills Sets and Qualities
Sound legal fundamentals, love for computers and a nose for technology. I believe aspirants should enrol themselves into a good cyber law course to grasp the fundamentals and then build on it.

Educational Background
I am professionally qualified as a lawyer. My forays into computing and Internet technology have been purely out of my own interest. I have done a bit of programming and dabbled with operating systems. I learnt on the job as there was no one to guide us in this field back then. There were no certifications or courses. Whatever we did was on our own. It was a case of making your own road. Looking back, I think, along with my educational background, a certain amount of scientific temper really helped.

Scope in India
It’s tremendous with everything moving online and our progression towards an eventually paperless world. See how fast the Internet and mobile penetration is growing! The steady increase in cyber crimes and the growth of electronic media means it is a good time for cyber lawyers!

One Thing He Would Change About the Job
Convincing people about the fact that cyber law in India has been in force since the last 12 years!

 

Volume 2 Issue 2