Cyber Law In India: Government Of India Must Wake Up Now

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”.

Q-1 Tell us something about Perry4Law and the assignment that you are handling for it.

A-1 Perry4Law is the exclusive Techno-Legal ICT Law Firm of India that is managing techno-legal aspects of law. We deal in techno-legal matters pertaining to cyber law, cyber security, cyber forensics, digital evidencing, e-governance, e-commerce, e-courts, etc. We also deal in other traditional fields of law including civil and criminal laws.

At Perry4Law I am managing the techno-legal issues of the firm. I am also managing its techno-legal initiatives like PTLB, PTLITC, E-Courts Project, etc.

Q-2 What according to you are the problems that our cyber law is facing in India?

A-1 Cyber Law in India is in its infancy stage and is struggling hard to meet the contemporary Information and Communication Technology (ICT) requirements. ICT Trends in India-2006, ICT Trends in India-2007, Cyber Security Trends by PTLB-2007, etc have proved that India has not paid enough attention to the Legal Framework for the Information Society and Legal Enablement of ICT Systems in India. To worsen the situation we have a weak Cyber and ICT Security in India.

Q-3 What is the most precarious effect of weak technology laws in India?

A-3 This precarious situation has lead to an insufficient Critical ICT Infrastructure Protection in India. The Critical ICT Infrastructure Protection and Management in India has still not got the attention of Government of India and Private Industry Players. The ICT Strategy of India needs rejuvenation so that we may have a sound Cyber law and effective ICT and Cyber Security.

Q-4 How would you evaluate the recent information technology amendment act, 2008 suggested by the Indian government?

A-4 The Information Technology Amendment Act, 2008 shows the lack of expertise and sensitivity of the Indian Government for techno-legal issues in India. On the one hand the IT Act, 2008 is “Unconstitutionally Passed” by the Parliament of India whereas on the other hand it shows a lack of “Expertise” on the part of Indian Government and Parliament of India.

Q-5 How does the proposed information technology act, 2008 violates various human rights and civil liberties?

A-5 The proposed IT Act, 2008 confers unrestricted, unconstitutional and unreasonable powers upon the officers, agencies and instrumentalities of Indian Government. It is clearly violating various Human Rights, Fundamental Rights and Civil Liberties of both citizens and netizens.

Q-6 What is your take on it?

A-6 We have launched the first ever techno-legal resource in this regard that is taking care of the “Human Rights Issues in Cyberspace”. It is providing suggestions and recommendations to both Government of India and Indian citizens and netizens regarding protection of Human Right in cyberspace. We hope our concerns and suggestions would be used by the Indian Government while formulating Information Technology Amendment Act, 2009.

Q-7 What is the status of information technology amendment act, 2008? Has it been made applicable in India?

A-7 The IT Act, 2008 is “Not Notified” and the unamended Information Technology Act, 2000 still governs the position. It is in the larger interests of India that the same must be withdrawn as soon as possible. The Government must come up with Information Technology Amendment Act, 2009 in the forthcoming session of Parliament.