History of IT Act 2000 &

It’s Grey areas

Submitted To : Ms Babita
Submitted By : 22313
– The Information Technology Act of 2000 came into force on
October 17, 2000.
– This act is imposed upon the whole of India.
– Its provisions apply to any offense committed inside or
outside India's geographic boundaries and irrespective of
nationality.
– It's founded upon the 1996 United Nations Model Law on
Electronic Commerce.
– The United Nations General Assembly suggested through a
resolution on January 30, 1997.
– The IT Act has 13 chapters and 90 sections.
 – E-mail authenticity or its evidentiary value: E-mail which is not
digitally or electronically signed, question is whether it is
acceptable as evidence.
– IPRs: IPRs in digital medium, trademark issues in digital medium
and patent issues in digital medium which remain untouched by
Information Technology Act, 2000.
– Domain Names Infringement:The Concept of E-Commerce is
Grey Areas mainly based upon domain name. However, this act is silent about
the Domain names infringement, cyber squatting, typo squatting,
spamming, and Security of information at various levels.
– Cross Border Tax:this act does not talk about the cross border
taxation policy at international level when the international
contract is signed on-line.
– Identity Theft: IT act 2000 fails to address this issue. This is a major
drawback considering the fact that majority of outsourcing work
that India does requires the companies in India to ensure there is
no identity theft.
– Data Protection in Internet Banking:Data protection laws primarily
aim to safeguard the interest of the individual whose data is
handled and processed by others. Internet Banking involves not
just the banks and their customers, but numerous third parties
too. Information held by banks about their customers, their
transactions etc. changes hand several times. It is impossible for
the banks to retain information within their own computer
networks. High risks are involved in preventing leakage or
tampering of data which ask for adequate legal and technical
protection. India has no law on data protection leave alone a law
governing an area as specific as protection of data in electronic
banking. The Information Technology Act talks about
unauthorized access but it does not talk about maintaining
integrity of customer transactions. The act does not lay down any
duty upon banks to protect the details of customers and clients.
– Only broad kind of Cyber crimes and Contraventions are covered:
The term cyber crime and cyber offence as such is not defined
under Information Technology Act, 2000.
– Lack of International Cooperation:Due to lack of international
cooperation, cyber crimes cannot be handled by isolated national
efforts within the physical boundary of a country. Hence, there is a
need of international cooperation in for proper handling of cyber
crimes
– The issue of Cyber War has also not been discussed in the Act.
– Statutory bodies may not accept electronic documents: :
Statutory bodies are not bound to accept electronic documents
under the IT Act, 2000. It is significant to note that section 9 is the
biggest loophole of Information Technology Act, 2000. On one
hand, the main aim and objective of Information Technology Act,
2000 was to facilitate e-governance however; on the other hand,
section 9 provides that no one can insist any government office to
interact in electronic form.
– Cyber pornography: Cyber pornography is in simple words defined
as the act of using cyberspace to create, display, distribute,
import, or publish pornography or obscene materials. In India,
under the Information Technology Act, 2000, this is a grey area of
the law, where it is not prohibited but not legalized either.
– Viewing and storing is not an offence
– Transmitting and publication is an offence
Thank You