Transacting on the Internet has wide legal implications as it alters the conventional methods of doing business. To build enduring relationships with your online customers the legal issues of e-transactions need to be addressed from the onset.
This Awareness program will cover
the basics of Internet Security
basic information on Indian Cyber Law
Impact of technology aided crime
Indian IT Act on covering the legal aspects of all Online Activities
Types of Internet policies required for an Organization.
Minium hardware and software, security measures required in an organization to protect data
Cyber laws are meant to set the definite pattern, some rules and guidelines that defined certain business activities going on through internet legal and certain illegal and hence punishable . The IT Act 2000, the cyber law of India , gives the legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records.
One cannot regard government as complete failure in shielding numerous e-commerce activities on the firm basis of which this industry has got to its skies, but then the law cannot be regarded as free from ambiguities.
MMS porn case in which the CEO of bazee.com(an Ebay Company) was arrested for allegedly selling the MMS clips involving school children on its website is the most apt example in this reference. Other cases where the law becomes hazy in its stand includes the case where the newspaper Mid-Daily published the pictures of the Indian actor kissing her boyfriend at the Bombay nightspot and the arrest of Krishan Kumar for illegally using the internet account of Col. (Retd.) J.S. Bajwa.
The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. Let’s have an overview of the law where it takes a firm stand and has got successful in the reason for which it was framed.
1. The E-commerce industry carries out its business via transactions and communications done through electronic records . It thus becomes essential that such transactions be made legal . Keeping this point in the consideration, the IT Act 2000 empowers the government departments to accept filing, creating and retention of official documents in the digital format. The Act also puts forward the proposal for setting up the legal framework essential for the authentication and origin of electronic records / communications through digital signature.
2. The Act legalizes the e-mail and gives it the status of being valid form of carrying out communication in India. This implies that e-mails can be duly produced and approved in a court of law , thus can be a regarded as substantial document to carry out legal proceedings.
3. The act also talks about digital signatures and digital records . These have been also awarded the status of being legal and valid means that can form strong basis for launching litigation in a court of law. It invites the corporate companies in the business of being Certifying Authorities for issuing secure Digital Signatures Certificates.
4. The Act now allows Government to issue notification on the web thus heralding e-governance.
5. It eases the task of companies of the filing any form, application or document by laying down the guidelines to be submitted at any appropriate office, authority, body or agency owned or controlled by the government. This will help in saving costs, time and manpower for the corporates.
6. The act also provides statutory remedy to the coporates in case the crime against the accused for breaking into their computer systems or network and damaging and copying the data is proven. The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. 1 crore($200,000).
7. Also the law sets up the Territorial Jurisdiction of the Adjudicating Officers for cyber crimes and the Cyber Regulations Appellate Tribunal.
8. The law has also laid guidelines for providing Internet Services on a license on a non-exclusive basis.
The IT Law 2000, though appears to be self sufficient, it takes mixed stand when it comes to many practical situations. It looses its certainty at many places like:
1. The law misses out completely the issue of Intellectual Property Rights, and makes no provisions whatsoever for copyrighting, trade marking or patenting of electronic information and data. The law even doesn’t talk of the rights and liabilities of domain name holders , the first step of entering into the e-commerce.
2. The law even stays silent over the regulation of electronic payments gateway and segregates the negotiable instruments from the applicability of the IT Act , which may have major effect on the growth of e-commerce in India . It leads to make the banking and financial sectors irresolute in their stands .
3. The act empowers the Deputy Superintendent of Police to look up into the investigations and filling of charge sheet when any case related to cyber law is called. This approach is likely to result in misuse in the context of Corporate India as companies have public offices which would come within the ambit of "public place" under the Act. As a result, companies will not be able to escape potential harassment at the hands of the DSP.
4. Internet is a borderless medium ; it spreads to every corner of the world where life is possible and hence is the cyber criminal. Then how come is it possible to feel relaxed and secured once this law is enforced in the nation??