| What
is Cyber Law |
This
cyber world has no physical boundaries, no single authority who governs
the internet.
The Internet is the medium for freely sharing information and opinions;
It provides everyone with round the clock access to information, credit
and financial services, and shopping.
Even network information systems are being adopted by the government
worldwide, that's why the governments across the world are recognizing
the need to securing & regulating the cyber world.
|
| Cyber
Law In India: |
| Cyber
Crimes are a new class of crimes to India it is rapidly expanding
due to extensive use of internet. India is among few countries in
the world that have a separate law for cyber crimes. |
| Indian
parliament has passed the legislation known as Information Technology
Act 2000 drafted by the Ministry of Communication and Information
Technology. The act is based on the "United Nations Commission
on International Trade Law"(UNCITRAL) model on electronic commerce. |
The
Information Technology Act came into force on 17th October, 2000.
It provides legal recognition to digital signatures, legal framework
for E-governance, offences & penalties, adjudication and investigation
of cyber crime.
IT Act amends some of the existing legislation, such as
Indian Penal Code, 1860
Indian Evidence Act, 1872
Bankers Book Evidence Act.1891
Reserve Bank of India Act, 1934
|
| Features
of The IT Act 2000 : |
i)Legal
recognition of electronic contracts, digital signature, digital certificates.
ii)Various types of cyber crime committed in India and outside India
is covered along with penalties.
iii)Appointment of Certifying Authorities(CA) to issue digital signature,
digital certificates.
iv) Controller of Certifying Authorities to act as depository for
all Certifying Authorities.
v) Appointment of Adjudicating Officer for holding enquiries under
this Act.
vi)Establishment of Cyber Appellate Tribunal.
vii)Cyber Regulations Advisory Committee who will advice the Central
Government and CA.
|
| IT
Act 2000 does not include: |
i) Specific
Definition of cyber crime is not given..
ii)Intellectual Property Rights such as trade Marks, Patents, Digital
Copyright Issues.
iii)Domain name disputes and their resolution, Data protection issues
are not covered.
iv)No provision is made for the Taxation issues arising due to e-commerce.
|
| Still
to go : |
Focus
needs to be on educating the police and district judiciary.
The pace of the investigations under the act can be faster.
A whole series of initiatives for cyber forensics must be taken.
|
| |