Indian government has ignored the importance of
regulating the e-mail environment for long. Now it is facing a
situation where the e-mail service providers located in foreign
jurisdictions are taking Indian
laws for granted. Some of these e-mail service providers
are actually abetting and encouraging commission of cyber crimes and
cyber contraventions as prescribed by the Information Technology Act,
2000 that is the cyber law of India.
Indian government is taking Google
lightly and Google is continuously violating various laws
of India. Now leading techno legal experts of India have recommended
that G-mail
must be banned in India as it is abetting and encouraging
commission of various cyber crimes and cyber contraventions in India.
The Delhi High Court has recently directed the
Central Government to frame the e-mail
policy of India as soon as possible. While the Central
Government would come up with the e-mail policy very soon yet the
State of Maharashtra has already issued an advisory
that has mandated that e-mail service of G-mail, Yahoo, Hotmail, etc
would no
longer be used in government departments of Maharashtra.
Of all e-mail service providers the services
provided by G-mail are most noxious and violative of Indian laws.
G-mail not only hides the Internet protocol address of the originator
of the communication but substitute its own IP address with that of
the originator. Thus, no person can ascertain the IP address of a
cyber criminal unless Google discloses the same and getting
information from Google is next to impossible for the ordinary
individual.
It is surprising why this fact has not been
investigated by Indian government so far. This practice of G-mail is
clearly violating many provisions of the IT Act, 2000 and till now
Indian government has not prosecuted Google/G-mail in this regard. It
would be a good idea if the proposed e-mail policy of India deals
with this issue in length and make suitable provisions regarding
misuse of e-mail facilities provided by G-mail as well.