Indian Information Technology Amendment Act 2009 In Pipeline

Cyber Law of India is in real bad shape and it requires immediate attention and amendments. The Law Ministry of India has finally shown some interest in this regard by accepting the suggestions of experts like Praveen Dalal.

The Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 24th September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice. The fact is that no rights and liabilities can be claimed under the Act 2008 till it is notified by the Central Government U/S 1(2) of the Act 2008.

Although some misinformed and ignorant cyber law observers believe that the IT Act 2008 is a good piece of law yet the Law Ministry of India must remain unaffected and unguided by their claims. The Law Ministry must avoid falling into the traps of the self claimed cyber law experts who are neither lawyers nor have knowledge of cyber law. Further, the Ministry must also not pay much attention to the “bureaucratic alliances and favours” to the industry players who are lobbying real hard to make the Information Technology Act, 2000 (IT Act, 2000) a weak piece of legislation.

It would be good idea to consult real and knowledgeable techno-legal experts this time by the Law Ministry. Praveen Dalal, the leading Techno-Legal Expert of India and Managing Partner of Perry4Law opined that the Law Ministry of India would commit a big mistake by approving the present IT Act, 2008. On the contrary he suggested that the Law Ministry must “reformulate” the amendments and should come up with the Information Technology Amendment Act, 2009 (IT Act 2009).

The Law Ministry of India has accepted the suggestions of Praveen Dalal regarding introducing IT Act, 2009, strengthening Extradition Law of India to effectively challenge the cyber crimes, including effective provisions regarding cyber war and cyber terrorism in India, International harmonisation of cyber law, providing sound cyber law and cyber security regime in India to encourage foreign direct investment and outsourcing to India, etc.

The IT Act 2009 is expected to be introduced within the next two months during the winter session of the Parliament. Let us hope that we can expect some sensible and effective legislation this time from the Law Ministry and Ministry/Department of Information Technology (DIT) that is neither based upon industry lobbying nor upon the naïve suggestions of the self claimed cyber law experts and corrupt and ignorant bureaucrats.

AUTHOR: V.K.SINGH

SOURCE: MYNEWS

Cyber Terrorism In India

Cyber Terrorism in India is in limelight but for the wrong reasons. It seems the media and law enforcement in India are too much fascinated with the term “Cyber Terrorism” that they have not even done their homework properly. Recently, the anti-terrorism squad (ATS), investigating the “terror email” has decided not to book the accused for cyber terrorism as there was no intention to carry out any act of terror. Further, the news report also claims that according to an amendment in the Information Technology Act, which came into force in February this year, anyone indulging in cyber terrorism could be sentenced to life imprisonment. Prior to this, even the sending of threat emails was considered “hacking”.

Let us first analyse the stand of ATS. It seems the ATS has become the all powerful authority of India and it has the power to make the laws, make them operational, execute them and interpret them as per their choice. This is so because they have thought to invoke a provision that does not exist at all in India. The Information Technology Act 2000 (IT Act 2000) is absolutely silent on the aspect of “Cyber Terrorism” and the proposed Information Technology Amendment Act 2008 (Amendments 2008) is still inapplicable in the absence of a “Notification” by the Central Government. Till now there has been no notification by the Central Government in this regard. So from which law the ATS could have charged the accused with Cyber Terrorism is still a great mystery.

Similarly, the reporter of this news item has no hint whatsoever that the proposed Amendments 2008 have not yet come into force. So there is no question of applying its provisions to this case. Strangely enough, I cannot find any incidence where sending offensive e-mail is considered to be a case of “hacking” in India either as per the IT Act 2000 or even by the Amendments 2008.

Of course, if the Amendments 2008 have been notified at the time of writing of the reported news then this story makes lot of sense. The fault lies with the Government of India that failed to make clear the status of the amendments.

It seems there is a lack of “cyber law awareness” in India. The law enforcement and media must be responsible in their dealings and claims regarding cyber law and other techno-legal issues. They must acquire some good knowledge about cyber law of India so that not only cyber crimes may be dealt with properly but also there is a culture of “responsible journalism” in India.

Updates of 2009, 2010 and 2011

Also see this following updates in this regard:

(1) Cyber Terrorism is a National Security Hazard

(2) Cyber Terrorism against India

(3) Cyber Terrorism in India and its Preparedness

(4) India is facing serious Cyber Threats

(5) Cyber Security Policy of India

(6) National Security Policy of India is required

(7) Indian Crisis Management Plan for Cyber attacks and Cyber Terrorism

(8) Securing Critical National Infrastructure from Cyber Attacks

(9) Critical Infrastructure protection in India