posted by on Jan 11
Internet in India is growing rapidly. It has given rise to new opportunities in most field we are able to think about, be it entertainment, business, sports or education. Internet boasts its own disadvantages. One of the major disadvantages is Cybercrime – illegal activity committed on the internet. The world wide web, together with its advantages, in addition has exposed citizens to security risks that come with connecting to some large network. Computers today are being misused for illegal pursuits like e-mail espionage, credit card fraud, spam’s, software piracy and so forth; criminal activities in the cyberspace are on an upswing. Because the cases of cybercrime grow, there is a growing need to prevent them.
It Act (IT Act) 2000
The federal government of India introduced the info Technology Act, on 17th October 2000. It Act (IT Act) 2000, could be the India’s only cyber law. The IT Act is aimed to offer legal recognition for transactions completed by means of electronic data interchange and other means of electronic communication, known as “electronic commerce”.
India has done an excellent job by enacting a cyber law. Oahu is the 12th country around the globe using a cyber law. It covers areas like e-governance, e-commerce, cyber contraventions and cyber offences.
Information Technology ACT 2000 Effects in Combating Cyber Crime
In accordance with Section 75 with the Act, the Act applies to any offence or contravention committed outside India by anybody no matter his nationality, if such act involves a computer, computer system or network in India. The IT Act prescribes provisions for contraventions in Chapter IX with the Act, particularly Section 43 from the Act, which covers unauthorized access, downloading, introduction of virus, denial of access and internet time theft committed by anybody. It prescribes punishment through damages not exceeding Rs. 1 crore for the affected party. Chapter XI from the IT Act discusses the cyber crimes and offences interalia, tampering with computer source documents (Sec. 65), Hacking (Sec.66), publishing of obscene information (Sec.67), unauthorized use of protected system (Sec.70), breach of confidentiality (Sec.72), publishing false digital signature certificate (Sec.73).
The implications of IT Act 2000 provisions for the e-businesses is that their email would certainly be a legitimate and legal form of communication in India that may be duly produced and approved in a court of law. Companies shall easily be able to accomplish electronic commerce using the legal infrastructure supplied by the Act. Digital signatures are already given legal validity and sanction in the Act. The IT Act also addresses giving her a very issues of security, that happen to be so important to the achievements of electronic transactions.
One of the first cases when the accused was convicted beneath the IT Act provisions was the case of State of Tamilnadu V. Suhas Kutty. The case associated with posting of obscene, defamatory and annoying message in regards to a divorcee woman within the yahoo message group. E-Mails were also given to the victim for information through the accused via a false e-mail account opened by him within the name in the victim. The posting in the message led to annoying telephone calls for the lady inside belief that she was soliciting. The accused is discovered accountable for offences under section 469, 509 IPC and 67 of IT Act 2000 and the accused was convicted and was sentenced for that offence to have RI for 2 years under 469 IPC and also to pay fine of Rs.500/-and to the offence under Section 509 IPC sentenced to endure One year Simple imprisonment and to pay fine of Rs.500/- as well as the offence under Section 67 of computer Act 2000 to have RI for two main many to cover fine of Rs.4000/-.
Eight years have passed considering that the act was enacted plus these eight year’s technology has changed in a considerably faster pace. Though law cannot come to be supposed to keep pace with alterations in technology, there to stay are few areas in the present cyber laws which take some attention.
Some Important Shortcomings in the Information Technology Act, 2000
The phrase ‘pornography’ when used in relation to an offence is not defined in a statutes in India. But Section 67 from the IT Act lays down regulations that obscenity is surely an offence when it is published or transmitted or caused to get published in any electronic form. The expressions, ‘publishing’ or ‘transmission’ weren’t specifically defined underneath the IT Act.
Even punishment for pornography is just not sufficient in India as well as in the proposed amendment inside it Act the imprisonment will be reduced to two years in the present five year imprisonment. Though legislations worldwide contain severe provisions for child pornography there isn’t any reference to child pornography inside Indian Act. It is interesting to notice down that the I . t . Act prohibits publishing of pornography but viewing of pornography is not an offence beneath the act.
Data Protection in Internet Banking
The info Technology Act discusses unauthorized access however it doesn’t mention maintaining integrity of customer transactions. The act doesn’t lay out any duty upon banks to shield information of consumers and clients. U.K features a data protection law which has been enacted Ten years back which is in 1998 this agreement banks or anyone holding sensitive information might be held answerable for damages when it fails to maintain adequate security protection according of information.
Recently government entities of India revealed that around 76 % of e-mails originating from India are spam’s, even though country makes up about only 1 per cent in comparison with top 25 spam-producing nations. The business enterprise of spamming isn’t just lucrative but can be unregulated to some greater extent. The laws to prevent spam in India are missing. The IT Act, 2000 doesn’t address this matter.
USA and also the European have previously enacted anti spam legislation.
In the United States spam is legally permissible good CAN-SPAM Act of 2003 provided the result is certain criteria. If the spam fails to comply with some of these requirements, then it is illegal.
Article 13 from the Western european Directive on Privacy and Electronic Communications (2002/58/EC) provides that the EU member States shall take appropriate measures to make sure that unsolicited communications for the reason for direct marketing are not allowed either without the consent of the subscribers concerned or in respect of subscribers who do not desire to receive these communications, the choice between these options to be determined by National Legislation.
The IT Act, 2000 does not have any specific provision to deal with Identity theft. It really is clear that Indian politicians function not understand the problem related to personal id theft that India employees of outsourcing firms commit. When confronted with the controversy generated over leakage of non-public information of UK customers via an Indian internet marketing firm, pm of India has asked the data and Technology department and industry association Nasscom to consult all stakeholders and give ideas for modifications in the previous laws and, if needed, to ensure any breach of secrecy, illegal transfer of economic as well as other privileged information and some other kind of cyber crime is created a punishable offence.
They’re a few of the important shortcomings from the Information Technology Act, 2000. Though an amendment was proposed within the Act in 2005, the bill has still not been passed as well as the balance also fails to address these complaints and shortcomings. It seems like quite evident that by the time the check is passed, it could have become obsolete and ineffective.
Challenges to Legislative Measures
Cyber law in India is within its infancy and is struggling hard to fulfill the contemporary Information and Communication Technology (ICT) requirements. ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends-2007, etc have proved that India hasn’t paid enough focus on the legal framework for the information society and legal enablement of ICT systems in India. To worsen your situation we’ve got a weak cyber and ICT peace of mind in India. Cyber and ICT security in India is definitely an ‘ignored world’ along with the same won’t improve as a result of faulty cyber security technique of India. This precarious situation has lead to an insufficient critical ICT infrastructure protection in India. The critical ICT infrastructure protection and management in India have still not got the eye of government of India and industry players. To put it briefly, the ICT means of India needs rejuvenation so that we might possess a sound cyber law and effective ICT and cyber security.
To compound these problems, many victims of cybercrime are unwilling to launch their cases with all the authorities. The true magnitudes of cybercrime, along with demographic statistics on perpetrators and victims, are unknown since the majority of incidents of cybercrime go unreported. The real reason for this is that this victim is either frightened of police harassment or wrong media publicity. For minority and marginalised groups who already bear the brunt of media bias, reporting online harassment towards the police may simply draw further unwanted attention.
The good thing is that, despite these limitations, cyber crimes are detected and culprits are punished. In October 2002, the Delhi High Court restricted a person from selling pirated Microsoft software over an Internet auction site. A number of the big cities in India where cyber crime cells are available, there exists risk of improvement. It comes with an immense dependence on training, plus much more cities must have such cells.
It has an urgent requirement of unification of internet laws to cut back the confusion in their application. For e.g. for publication of harmful contents or websites like these, we’ve got Indian Penal Code (IPC), Obscenity Law, Communication Decency law, self regulation, Information Technology Act 2000 ,Data Protection Act, Indian Penal Code, Criminal Procedure Code etc but when they handle the topic vaguely therefore lacks efficient enforceability mechanism. On account of numerous Laws managing this issue there lays confusion as to their applicability, and none of the Law works with the subject specially in total. To get rid of the confusion in applicability of Legislation picking from various laws to tackle the challenge, i recommend unification of laws through all the internet laws to arrive at Code which can be efficient enough to cope with the many problems in connection with internet crimes. Although these legislations discuss the issue but they don’t present an end for it. There’s requirement of single Cyber legislation which can be co-ordinated to look after cyber crimes to all respects. With passage of time and betterment of technology in our date, has additionally led to numerous variety of I . t related crimes therefore changes are suggested to combat the issue equally fast.