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Failure to maintain a log of computers and non-cooperation from international e-mail service providers (like Yahoo, Hotmail and others) might leave police officials, investigating into the alleged corporate espionage case involving Tata-owned VSNL and ADAG-owned Reliance Communications, groping in dark to collect evidence.

Investigating officer and assistant commissioner of police Balkrishna U Bange says, “Had VSNL maintained a log of computers in their network, then the entire problem of approaching international e-mail servers would not have arised.”

Explaining the technical difficulties to present conclusive evidence in such cases, cyber crime expert Vijay Mukhi says, “If VSNL had maintained a log then data allegedly transferred from Indulkar’s computer to a pen drive or those he allegedly sent using e-mail could have been tracked.”

“Now it might get tough for police officials to obtain data, which would be a vital piece of evidence, from international e-mail service providers who have a history of not co-operating with Indian law enforcement agencies,” further says Mukhi

“I don’t know of any case where international e-mail service providers have co-operated with our law enforcement agencies. At least, not in the half-a-dozen cyber crime investigations that I have been made a part off with Mumbai police,” adds Mukhi.

The reason that Mukhi gives for non-coperation from international e-mail serive providers is of the privacy laws that service providers are governed by in their respective countries.

The only piece of evidence that prosecuting agencies might have will be that off Prashant Indulkar’s, the personal assistant to the managing director of VSNL who is said to revealed during interrogation of having received Rs 40,000 from Gaurav Wahi, vice-president (Corporate Communications) of Reliance Communications for passing on "confidential information through e-mail and hard copy", confessional statement before a magistrate under section 164 of the Criminal Procedure Code.

Provided Indulkar voluntarily records his confessional statement before the magistrate on February 21, add police officials. “We now have to wait hoping for a reply from the e-mail service provider," adds Bange.