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On the Information Technology Act, 1999 (Cyber Law)
The recent strides in the information technology are rather phenomenal. In today’s world, survival without the information technology is almost impossible. Without it, there is no development Gone are the days when only developed nations had a say in the technology. Now, even small countries and developing countries like India are poised for a quantum leap in the information technology. Today, our countrymen occupy key posts in various organizations in the United States, the key player in the information technology. The internet users in our country have quadrupled over the years and the user base is expanding day by day. It is quite natural that when one faculty of humanity is evolving, along with it, the adversary to it is also, by leaps and bounds, growing. Same is the case with the information technology. It is like a sword. It can be used to create or destroy a thing. By using it, unintentionally we also allow miscreants to mingle with us and thrive. Though they cannot be prevented, with the available technology, if the offenders are brought to book, it can act as a deterrent for the would-be mischief – moners. When the developed nations are the first to enjoy the fruits of information technology, they had to pay a heavy price by way of sufferings at the hands of the offenders. They have faced lot of difficulties, with the trespassers with information system and hackers. They had to perforce enact a law to deal with the cyber crimes exclusively to keep a check on the offenders. Finally, some of the countries came with an exclusive law to deal with this situation. India also did not lag behind as we are now sailing with the developed nations as far as the information technology is concerned. With the in view, the Union Government has thought it fit to bring the Cyber Law. It is called the information Technology Act, 1999. We are one among the privileged nations to have enacted this law. No development will be meaningful and successful if the offenders are not punished before a Court of Law. The conventional laws do not help us in proving these offences and the culprits make use of the rigid provisions of escape the clutches of law. The passing of Cyber law will also facilitate us to extradite criminals from and to the countries with which we enjoy the extradition treaty.
CHANGES INFORMATION TECHNOLOGY INDUSTRY IS LIKELY TO FACE. It will help the technocrats to transfer the technology without any fear of piracy as the offenders will get punished under the Cyber Law. Hitherto, there was no check on them and the technocrats had to tread with a fear of piracy and the same is under check. The Act has defined “affixing digital signature” as adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature. “Certifying Authority” is defined as a person who has been granted a license to issue a digital signature certificate. “Digital signature’ means authentication of any electronic by a subscriber by means of an electronic method or procedure in accordance with the provision of section 3. The definition for ‘computer network’ is the interconnection of one or more computers though the use of satellite, microwave, terrestrial line or other communication media, and terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously mentioned. There is also a provision for the grant of licence to a certifying Authority, renewal and suspension of the same. The Certifying Authority is required to satisfy certain norms before being eligible to have the licence. A ‘ Controller’ is provided by the Act to Check any malpractices by the Certifying Authority. The restrictive effect of the Act on the industry can only be considered subject to the fact situation of the matter on implementation and its misuse, at appropriate time. But in my view, the import and export of Software into and from India will get a boost and there will be all round growth in the information Technology and we can stand nearer to each other and compete with the developed nations.
CHANGES IN BUSINESS E- Commerce is all set to boom. Cyber law has recognized the digital signature. By the click of the mouse, one can get the required order and it is no longer necessary to submit to the Government and other agencies, the forms and applications for contracts in duplicates and triplicates. It will save a lot a man-hour and resources. Though it is in vogue now, its use is limited. Since this technology is upcoming only some of the banks and multinational companies are using E-commerce but now due to this enactment, they can enter into contracts without the fear over their enforceability.
CHANGES IN OTHER COUNTRIES There is a tremendous impact on the countries that have introduced cyber Law and it will help them check the cyber crimes. Further, only because of this law, they can effectively check some of the crimes took place recently. The great set back was the introduction of viruses into the computers and the manipulation of computer data had caused a lot of difficulties to them and due to the enactment of this law, the offenders can easily be tracked and convicted now. Further, only because of this law, they can effectively check some of the cyber crimes took place recently.
CHANGES By the enactment of this Information Technology Act, the Government has taken care of every possible situation. It has established a controller of certifying Authority whose duty is to see that the Certifying Authorities are functioning within the framework of law. It has also envisaged a separate Cyber Appellate Tribunal to dispose of the appeals arising from the decision of the controller. It has also fixed a time frame of six months to dispose of such appeals. By fixing a maximum fine of Rupees One Crore towards penalty for damaging the Computer or its systems, the law has justified its introduction. Though the miscreants release a small set code of words, the damage caused to the computer is unparallel. The perennial problem that the computer network nowadays faces is from hackers. They are miscreants who knowingly destroy or deal with a computer system or network. Every one is aware about the damages that obscenity in the Computer causes to the present generation. There are reports that there are thousands of web sites that offer obscenity and the students are making a beeline for viewing these sites. In most of the countries, it has been made an offence and the offenders are severely punished. The present law, realizing this polluting effect on the tender minds of our children, has made it an offence. Publishing of obscene materials in the computers system now entail an imprisonment of two years with a fine up to Rs. 1 lakh. For the second offence, the punishment will be a maximum of 10 years and fine of Rs. 2 Lakhs. The present law has taken into account the difficulties of the Network Service Providers and a separate provision has also been made for them. The law recommends constitution of an advisory committee to advise the Government for the changes in the law. At the same time, it is to be seen that our enactment should be in consonance, with the enactments of the other countries so as to make provisions relating to cyber crime more practicable and to achieve the purpose in the cyber world. Since it is a field that is growing day by day, the law shall be subject to change. Since there is a provision for constitution of an advisory Committee that issue is met. Only by experience, we can correct and improve the system. To be fair, I have not much knowledge or experience in the computers. I am not in a position to point out the defects at the moment. In any view of the matter, the statute in the present form, in my opinion, does not require any change before its implementation and functioning. However, if any defects arise or pointed out, in future, the change shall not be ruled out.
Justice N. K. Jain, Acting Chief Justice, Madras dated 07.02.1999
