The Information Technology Act, , enacted to give effect to the United NationsGeneral Assembly resolution adopting the Model Law on Electronic Commerce andrecommending its adoption by member states, provided a very important first step inthe creation of a legal framework for e-commerce in India.
However, experts have feltthat the Act left various issues unresolved. Dynamic and relentless developments intechnology and the complexities of the commercial sector have necessitated a revaluationof the existing law.
In the second edition of this informative and thoughtfulwork, the legislative changes brought about by the Amending Act of are extensivelydiscussed. The amended sections clearly reflect the suggestions of the Expert Committeeappointed by the Central Government to review the Act as well as of theParliamentary Committee.
It is the view of the author that the amending Act has chopped away much deadwood and has replaced sections that were found to be inadequate for addressingcontemporary issues. The commentary critically analyzes the impact of the amendments along with theprocedure to be adopted while acknowledging and dispatching of electronic records,as also the safeguards one needs to adopt while conducting e-business.
This book is an essential reference work for lawyers practicing in the field of cyber-law,business houses which conduct transactions electronically or are considering doing so,Internet Service Providers, IT and Information Technology Enabled Services ITES sectors, members of the Cyber Appellate Tribunal, the TDSAT, central and state judicialacademies, and advanced students of cyber law. Your Book Shelf Is Empty.
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Due to this most provisions are mainly concerned with establishing digital certification processes within the country. Cyber crime as a term was not defined in the act. It only delved with few instances of computer related crime. These acts as defined in Chapter XI of the Act are:. Punishment in section 65 and 66 is three years or fine up to two lakh rupees or both.
For section 67 the first time offenders can be punished up to 5 years with fine up to one lakhs of rupees. Subsequent offence can lead to ten years of punishment and fine up to two lakhs of rupees. Information Technology Act Amendment which came into force after Presidential assent in Feb has following salient features:. These acts have been made punishable with Imprisonment which may extend to imprisonment for life. In India, cyber terrorism has emerged as new phenomena. While the Act has been successful in setting down the frame work of regulations in Cyber Space and addresses a few pressing concerns of misuse of technology, it suffers from a few serious lacunae that have not been discussed.
Many experts, such as Supreme court lawyer and cyber rights activist, PavanDuggal, argue that the Act is a toothless legislation [v] which has not been completely effective in issuing penalties or sanctions against perpetrators who choose to misuse the reach of cyber space. There are certain areas of cyber laws which need attention. Spam may be defined as Unsolicited Bulk E-mail. Initially it was viewed as a mere nuisance but now it is posing major economic problems. In the absence of any adequate technical protection, stringent legislation is required to deal with the problem of spam.
The Information Technology Act does not discuss the issue of spamming at all.
USA and the European Union have enacted anti spam legislation. In fact Australia has very stringent spam laws under which the spammers may be fined up to 1. Phishing is the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details, by masquerading as a trustworthy entity in an electronic communication. Phishing is typically carried out by e-mail and often directs users to enter personal and financial details at a website.
Phishing is an example of social engineering technique used to fool users. There is no law against phishing in the Information Technology Act though the Indian Penal Code talks about cheating, it is not sufficient to check the activity of phishing. Recently a phishing attack was noticed on the customers of State Bank of India in which a clone of the SBI website was used. What is worse is that even SBI has not alerted its customers.
So the need of the hour is a legislation which prohibits the activity of phishing in India. Data protection laws primarily aim to safeguard the interest of the individual whose data is handled and processed by others. Internet Banking involves not just the banks and their customers, but numerous third parties too. Information held by banks about their customers, their transactions etc.
It is impossible for the banks to retain information within their own computer networks. High risks are involved in preventing leakage or tampering of data which ask for adequate legal and technical protection. India has no law on data protection leave alone a law governing an area as specific as protection of data in electronic banking.
The Information Technology Act talks about unauthorized access but it does not talk about maintaining integrity of customer transactions. The act does not lay down any duty upon banks to protect the details of customers and clients. K has a data protection law which was enacted 10 years back that is in under which banks or any person holding sensitive information may be held liable for damages if it fails to maintain adequate security protection in respect of data.
Privacy and data protection are important issues that need to be addressed today as information technology assumes greater importance in personal, professional and commercial spheres. The European Union and the United States have strict policies relating to privacy and protection of personal data when such data or information is being transferred out of their domain. It also pertinent to note here, that the absence of a specific privacy law in India has resulted in a loss of substantial foreign investment and other business opportunities.
This deficiency has also served as an obstacle to the real growth of electronic commerce. Thus, a statute addressing various issues related to privacy is of utmost importance today, if not an entire act can be brought into force, then at least specific provisions relating to privacy and data protection be incorporated into the Act.
Identity theft worldwide is a growing problem. IT act fails to address this issue. This is a major drawback considering the fact that majority of outsourcing work that India does requires the companies in India to ensure there is no identity theft. In fact identity theft was one of the main reasons for a major hue and cry over an incident involving personal information of UK customers and an Indian web marketing company.
The issue of Cyber War has also not been discussed in the Act.