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| BOOKS AND THEIR REVIEWS "Cyberlaw: The Indian Perspective"  The book entitled " Cyberlaw - The Indian Perspective " By
Pavan Duggal contains the following salient features :-* Detailed Section-by-Section analyses of the Information Technology Act, 2000. * Commentary on the 4 amended laws amended by the IT Act, 2000 namely, The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Banker’s Book Evidence Act, 1891, The Reserve Bank of India Act, 1934. * Latest Cyber crime cases in the country. * Need for Taking Steps Ahead * Evolving Cyberlaw Practices – A Guide for Corporates * Privacy in Indian Cyberspace * Terrorism and Cybercrime * Cyber Theft and the Indian Telegraph Act, 1885 * Cyber Harassment * Cyber Fraud & Indian Cyberlaw * Protecting Indian Children Online * Spam * Contempt in Cyberspace * Indian Consumers & Cyberspace * Electronic Governance - Some Legal Issues * E- Governance and IT Act, 2000 * E- Courts For India * Internet Public Interest Litigations Review by Madanmohan Rao This hefty book provides a comprehensive overview of the cyberlaw scenario in India, provides recommendations for upgrading the current cyberlaw acts, and contextualises these developments with respect to actual reported cases of cyberlaw in India. The material is well researched and clearly presented, in 36 chapters. The author is a practising advocate of the Supreme Court of India, and is a prolific writer and speaker. "Cyberlaw is important because it touches almost all aspects of transactions and activities concerning the Internet. Cyberlaw concerns everyone," Duggal begins. Drawing on the UNCITRAL law on e-commerce, the Indian government drafted the IT Bill of 1999 which was then implemented as the IT Act 2000 in October 17, 2000. It targets three existing areas of law: contract, penal code, and evidence, and expands the provisions of the Indian Penal Code of 1860, the Indian Evidence Act of 1872, the Banker's Book Evidence Act of 1891, the Reserve Bank of India Act of 1934, and the Companies Act of 1956. There are several positive aspects of the IT Act 2000: it provides legal infrastructure for e-commerce transactions, recognises electronic documents as legal entities, opens up business opportunities for digital certificate companies, paves the way for e-government transactions, and creates provisions against cybercrime. There are three kinds of cybercrime: against persons, against property, and against government. But there are also several grey areas: international jurisdiction can be a tricky issue, there is no recognition of digital cash, domain names and trademarks are not addressed, privacy and taxation issues are not even raised, draconian powers can be conferred upon police officials, spamming is not recognised as an offense, and certain cybercrime categories are not included in the Act, such as cyberstalking or chat room abuse. Ambiguities can also arise in precise identification of terms like office when data can be hosted abroad, due diligence of ISPs held liable for illegal content, cross-certification, and misuse of private encryption keys. The author calls for more education and orientation for police officers on the intricacies of cybercrime; there was a case of police officers carrying away computer monitors during a raid in Mumbai, thinking they were the actual computers! |
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