Cyber Law in India and the IT Act, 2000

In India, cyber laws are contained in the Information Technology Act, 2000. The main object of this Act is to provide legal recognition to e-commerce and electronic formats and to facilitate the filing of electronic records with the Government. This legislation lays down rules and regulations related to cybercrimes, electronic information and formats, electronic authentication and digital signatures, and liability of network service providers. The I.T. Act is based on the united nation model law on electronic commerce 1996 recommended by the General Assembly of the United Nations by a resolution dated 30 January 1997.

The Indian Cyber Law covers these major aspects of Cyberspace and cybercrime:

1.   The Indian Cyber Law makes every format in electronic form legal, which means anything that you write, share and publish electronically is now considered legal.

2.   It also makes all electronic contracts legal, which means that an offer can be electronically made and accepted, and it would amount to a valid and binding electronic contract.

3.   The Indian Cyber Law recognizes and legalizes the concept of digital signatures and electronic authentications. 

4.   Indian Cyber Law covers almost all kinds of cybercrimes and provides punishment for the same. 

5.   It also punishes the people of other nationalities, provided their crimes involve any computer or network situated in India.

Source: Google 

Pros of the I.T. Act, 2000

1. Before the enactment of the I.T. Act, 2000, the usual means of communication such as emails and texts were not considered as a legal form of communication and due to this, they were not admissible as evidence in a court of law. But after the enactment of I.T. Act, 2000 electronic formats and communication got legal recognition, and now they are admissible as evidence in a court of law.

2.   With the introduction of the I.T. Act, 2000, now companies can carry out e-commerce and e-business and promote online transactions commercially using the legal infrastructure provided by this Act. 

3.   Digital signatures and authentications have been legalized after the I.T. Act, 2000, which is a great assistance to carry out transactions online as they help in verifying the identity of an individual on the internet.

4.  The I.T. Act, 2000, provides for corporate to have statutory remedies if anyone hacks and breaks into their computer systems or networks and causes any kind of damages. The I.T. Act, 2000 provides for monetary damages, by the way, compensation, as a remedy for such crimes. 

5.  The I.T. Act, 2000 has defined, recognized and penalized various cyber crimes such as hacking, spamming, identity theft, phishing and many more. Prior to this Act, cybercrimes were not included in any legislation, and there was no legal remedy for such crimes. 

6. The Act allows companies to issue digital certificates by becoming Certifying Authorities. 

7.  This Act also allows the Government to issue notices on the internet through e-governance. 

Source: Google

Cons of the I.T. Act, 2000

1.   The I.T. Act, 2000 may cause a conflict of jurisdiction. 

2.  Electronic commerce is based on the system of domain names. The I.T. Act, 2000 does not address the issues relating to domain names, rights and liabilities of domain owners. 

3.  The I.T. Act, 2000 does not provide for the protection of Intellectual Property Rights as issues regarding copyrights and patents are very common in relation to computer programs and networks.

4.  The offences covered and defined under the I.T. Act, 2000 are not exhaustive in nature. Since, with the advancements in technologies, computer programs and networks are constantly changing and evolving, and with this advancement, the nature of cybercrimes is also evolving. This Act does not cover various kinds of cybercrimes such as cyberstalking, cyber fraud, chat room abuse, theft of internet hours and many more. 

5.   The I.T. Act, 2000 has not addressed issues like privacy and content regulation, which is very necessary, considering the vulnerability internet poses. 

6.   Lastly, the main issue with this Act is its implementation. The I.T. Act, 2000 does not lay down any parameters for its implementation and regulations.

Source: Google