Sunday, June 28, 2009

Effectiveness Of Indian Cyber Law Questioned

A million dollar question that may legitimately be raised is whether the technology law of India or cyber law in India is sufficient to protect information and communication technology (ICT) assets in India? In other words do we have good legal enablement of ICT systems in India? Does the cyber law of India protect valuable “civil liberties” effectively?

In this interview with
Praveen Dalal, Managing Partner of Perry4Law and the Leading Techno-Legal Expert of India we are exploring these issues. This interview is a part of the “series” of techno-legal interviews of Perry4Law. For a complete series of these interviews and other techno-legal news, views, opinions, articles etc. kindly see “Techno-Legal News and Views” and “Cyber Laws in India”.

This interview shows the weaknesses and lacunas of Indian cyber law. The cyber law of India falls under the Information Technology Act, 2000 (IT Act, 2000). The IT Act, 2000 was long due for suitable amendments but the proposed Information Technology Amendment Act, 2008 (IT Act, 2008) further weakened and destablised the IT Act, 2000. As Praveen Dalal has intimated, the IT Act, 2008 has not been “notified” by the Government of India (GOI) due to large scale protests and inherent fallacies inbuilt in it. He also suggested a new Information Technology Amendment Act, 2009. Let us hope that this wake up call would finally awaken the GOI from the deep sleep it is indulging in.