CYBERLAW TRENDS OF 2010
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF INDIA
PRESIDENT, CYBERLAW ASIA
PRESIDENT, CYBERLAWS.NET
In the year 2010, the growth of Cyberlaw jurisprudence is likely to be important and significant. Various challenges are likely to arise as the evolution of Cyberlaw jurisprudence continues.
One of the biggest problems and challenges that Cyberlaw is likely to encounter in the year 2010 is the development of jurisprudence pertaining to social networking.
Social networking has gained centre stage currency and is of extreme relevance today . However, misuse of information as also various other criminal and unwarranted activities on social networking platforms and social media is ensured that there will be number of legal challenges that Cyberlaw jurisprudence will have to tackle in the year 2010.
So significant is the subject that the United Nation Internet Governance Forum has created the Dynamic Coalition On Social Media And Legal Issues to look into the specific issue. It will be interesting to see how legislations across the world deal with these complicated legal issues pertaining to social media and social networking.
Another major important challenge for the growth of Cyberlaw in the year 2010 will be the evolution and development of appropriate legal responses to the complicated legal challenges poised and raised by cloud computing and virtualization. Cloud computing is likely to gain more momentum and strength. However, legislations across the world need to come up with enabling provisions so as to ensure that the companies are benefited by the benefits of cloud computing and are not inhibited or prohibited by the various complicated legal challenges surrounding cloud computing or virtualization.
Cyber crime will continue to grow at an enormous rate in the year 2010. Cyber criminals and cyber terrorists will continue to keep on ingeniously using technology and Internet for their own vested criminal interests and benefits.
Cyberlaw jurisprudence in the year 2010 is likely to see far more development of the legislative provisions aimed at further effectively regulating these cyber criminal and cyber terrorist tendencies in the electronic and digital environment.
Information security and cyber security will continue to be major thrust areas as far as growth of Cyberlaw jurisprudence growth in the year 2010 across the world is concerned.
The emergence of Internationalized Domain Names is likely to throw up very complicated legal issues and challenges which will also engage the attention of Cyberlaw jurisprudential thinkers and legislative departments of various sovereign Governments as time passes by in the year 2010.
Further, we are also likely to see far more growth of cyber terrorist tendencies and activities on the Internet and the permeation of social networks and social media by cyber criminal and cyber terrorists. It will be interesting to see how Governments across the world use their existing and proposed legal legislative frameworks in order to appropriately regulate these highly undesirable and unwarranted activities.
Further, the year 2010 is also likely to see complicated legal issues arising from mashups gaining more prominence. Google wave has just started the trend which will further be consolidated in the coming times.
The emergence of real-time web search and real-time internet is the biggest phenomenon that is likely to be far more consolidated in the year 2010. The year 2010 will be the year of the real-time web search and real-time internet The legal complicated issues and challenges surrounding real-time internet and real-time web search will continue to surface in the year 2010. Cyberlaw jurisprudence will have to appropriately address itself to the various ticklish issues pertaining to real-time web search and real-time internet publications.
Far more innovative mechanisms and legal strategies will need to be adopted so as to meet up with the complicated legal challenges pertaining to real-time web search and real-time internet.
The year 2010 is also going to be a watershed year as far as the development of the Uniform Domain Name Dispute Resolution Policy (UDRP) and its jurisprudential growth is concerned. ICANN has already approved changes in the UDRP rules which will allow only for electronic filing of domain name disputes with the accredited UDRP service providers like WIPO. Effective March 2010, only electronic filing will be permitted which will be far more convenient and in tune with the needs of the times.
Data protection and privacy will continue to engage the attention of Cyberlaw thinkers and Governments across the world. We are likely to see far more instances of violations of data protection and privacy liberties of individuals as time passes by.
The year 2010 is further going to look at consolidation of legal regimes pertaining to electronic governance in third world countries. More and more electronic governance projects will be engaged into third world nations for the purposes of efficient effective delivery of electronic services to their citizen community.
More and more focus will be on adopting an enabling and comprehensive inclusive access to all.
The year 2010 also is the final year of the current tenure of the Internet Governance Forum of the United Nations. While there appears to be consensus that Internet governance forum will continue as a movement, the final verdict on the same is yet to be seen in the year’s Internet Governance Forum meeting that will take place in the year 2010.
The mobile internet will continue to also engage centre stage attention. More and more communication devices, mobile phones, cell phones, personal digital assistants and smart phones will be used for the purposes of accessing the Internet. The usage of mobile phones and communication devices and the broad emergence of the mobile internet will also throw up complicated legal issues which Cyberlaw jurisprudence will have to tackle as time passes by in the year 2010.
The year 2010 will be an year of happening events. We are likely to see consolidation of earlier trends of jurisprudence pertaining to Cyberlaw subjects in the present year . We are also likely to see emergence of appropriate innovative strategies for the purposes of effectively utilising technology legislation as a means for positively contributing to the environment. Technology law will impact climate legislations in the year 2010 and in the coming decade. More and more countries are likely to use technology legislation route as a means for effectively regulating or contributing to the subject of climate change.
The year 2010 promises to be an interesting year as far as the growth and emergence of Cyberlaw jurisprudence across the world is concerned. Needless to say, the year will also be marked by distinct regional and national approaches that will be adopted by distinct regions and nations while they go ahead in legislating various aspects and subjects connected to, relating or having nexus or association with Cyberlaw jurisprudence.
All and all, the year 2010 promises to be a year of adventure, distinct advancement, consolidation as also a year of tremendous excitement, as far as cyberlaw jurisprudence is concerned. It will be interesting to see how this year tackles with the growth of jurisprudence pertaining to cyber space and computers, computer systems, computer networks, computer resources and communication devices, at global, regional and local levels.
ABOUT THE AUTHOR
While a practicing Advocate, Supreme Court of India, Pavan Duggal has made an immense impact with an international reputation as a leading expert and authority on Cyberlaw and E-Commerce law. As such, his empanelment as a consultant to UNCTAD and UNESCAP on Cyberlaw and Cybercrime respectively, membership of the AFACT Legal Working Group of the UN / CEFAT, consulting as an expert with the Council of Europe on Cybercrime , inclusion in the Board of Experts of European Commission's Dr. E-Commerce and his work as an expert authority on a Cyberlaw primer for e-ASEAN Task Force and as a reviewer for Asian Development Bank speaks volumes of his worldwide acceptance as an authority on Cyberlaw. Pavan is the President of Cyberlaw Asia, Asia’s pioneering organization committed to the passing of dynamic Cyberlaws in the Asian continent. Pavan is also a member of the WIPO Arbitration and Mediation Center Panel of Neutrals and a member of ICT Policy and Governance Working Group of the UNICT Taskforce. He is the Legal and Policy Consultant to Internet Mark 2 Project, which is examining the next level of Internet. He has been invited to be an Associated Fellow of the Centre for Asia Pacific Technology Law and Policy (CAPTEL) at Singapore. Pavan is a member of Panel of Arbitrators of the Regional Centre for Arbitration, Kuala Lumpur and Asian Domain Names Dispute Resolution Centre at Hong Kong.
Pavan heads his niche law firm Pavan Duggal Associates, which has practice areas, amongst others, in Cyberlaw, Business Process Outsourcing Law, Intellectual Property Rights and Information Technology Law, Information Security Law, Defence, Biotech and Corporate Law. Pavan is also the President of Cyberlaws.Net, which is Internet's first ever-unique Cyberlaw consultancy. In addition to that, he is also the founder of the Cyberlaw Association and is also the Founder-President, Cyberlaw India. Some outstanding pioneering work in the field of cyber legal issues has resulted in his being the Chairman of ASSOCHAM Cyberlaw Committee.
E-mail – pavan@pavanduggal.com
pduggal@nde.vsnl.net.in
Friday, January 1, 2010
Thursday, December 31, 2009
IMPORTANT CYBERLAW DEVELOPMENTS OF 2009
Cyberlaw as a field grew tremendously in the year 2009.
2009 saw various new challenges that Cyberlaw was faced with around the world.
Information security and legislations around the same was a matter of tremendous concern for a majority of countries.
The emergence of cyber crimes and criminal activities on the internet continued to gain more momentum.
Cyber terrorism as a phenomenon firmly established itself as an important challenge before national governments and sovereign nations.
The struggle between the rights of sovereign nations to preserve national security and integrity vis-a-vis the personal private rights of individuals pertaining to privacy continued to grow.
More adoption of communication devices across the world and especially in third world countries like China and India clearly set the tone for far more complicated legal challenges facing the growth of Cyberlaw jurisprudence.
This year also saw cloud computing emerging on the scenario in an important significant manner. However, cloud computing also brought forward various complicated legal challenges and issues. The issue of distribution of content and data over computer resources located in different territorial jurisdictions connected to the cloud managed to gain enough significant recognition. More and more companies were impressed by the business relevance of cloud computing but also substantially concerned about the various legal issues and challenges as and when they arise.
Identity theft continued to be a major cyber crime mover in various jurisdictions.
Also misuse of confidential data and information was one subject that continuously engages the attention of the relevant stakeholders in different jurisdictions.
In the context of India, the year 2009 saw the notification and implementation of Information Technology (Amendment) Act 2008.
The said Information Technology Amendments are a tremendous improvement over the earlier law yet it brought forward its own practical peculiar problems and drawbacks
Cyber terrorism was declared as a heinous crime punishable with life imprisonment and fine under the terms of the amended Information Technology Act.
Further, various new kinds of cyber crimes like identity theft, cyber defamation, cyber nuisance and cyber harassment was specifically brought within the ambit of the Indian Cyberlaw.
India deviated from its earliest stand of providing for stringent punishment for cyber criminals by enacting the amended Information Technology Act.
The amended Information Technology Act is a cyber crime friendly legislation of India which goes extremely soft on cyber criminals.
Barring a few offences, almost all cyber crimes in India have been made as bailable offences where the accused is entitled to bail as a matter of right.
Such a legislative initiative, although laudable in its objectives, is likely to have counter-productive consequences.
After the amended Information Technology Act 2000 has come into implementation, I have seen various cases where once the accused has been released on bail, he has gone ahead and destroyed the concerned electronic evidences.
Destruction of incriminating electronic evidence will become the norm of the day in a country like India after the accused is released on bail which will make cyber criminal convictions in India even bigger challenge than earlier.
Already, the statistics are against India. A country of billion plus and a couple of cyber crime convictions is a sad commentary on the way the Information Technology Act 2000 was implemented.
By providing for mandatory bailablity of cyber crimes and by going soft on cyber criminals and by reducing the quantum of punishment of cyber crimes, the amended Information Technology Act gives virtually a signal to cyber criminals to come and explore the fertile soils of India for perpetuating the cyber criminal designs and intentions.
ABOUT THE AUTHOR
While a practicing Advocate, Supreme Court of India, Pavan Duggal has made an immense impact with an international reputation as a leading expert and authority on Cyberlaw and E-Commerce law. As such, his empanelment as a consultant to UNCTAD and UNESCAP on Cyberlaw and Cybercrime respectively, membership of the AFACT Legal Working Group of the UN / CEFAT, consulting as an expert with the Council of Europe on Cybercrime , inclusion in the Board of Experts of European Commission's Dr. E-Commerce and his work as an expert authority on a Cyberlaw primer for e-ASEAN Task Force and as a reviewer for Asian Development Bank speaks volumes of his worldwide acceptance as an authority on Cyberlaw. Pavan is the President of Cyberlaw Asia, Asia’s pioneering organization committed to the passing of dynamic Cyberlaws in the Asian continent. Pavan is also a member of the WIPO Arbitration and Mediation Center Panel of Neutrals and a member of ICT Policy and Governance Working Group of the UNICT Taskforce. He is the Legal and Policy Consultant to Internet Mark 2 Project, which is examining the next level of Internet. He has been invited to be an Associated Fellow of the Centre for Asia Pacific Technology Law and Policy (CAPTEL) at Singapore. Pavan is a member of Panel of Arbitrators of the Regional Centre for Arbitration, Kuala Lumpur and Asian Domain Names Dispute Resolution Centre at Hong Kong.
Pavan heads his niche law firm Pavan Duggal Associates, which has practice areas, amongst others, in Cyberlaw, Business Process Outsourcing Law, Intellectual Property Rights and Information Technology Law, Information Security Law, Defence, Biotech and Corporate Law. Pavan is also the President of Cyberlaws.Net, which is Internet's first ever-unique Cyberlaw consultancy. In addition to that, he is also the founder of the Cyberlaw Association and is also the Founder-President, Cyberlaw India. Some outstanding pioneering work in the field of cyber legal issues has resulted in his being the Chairman of ASSOCHAM Cyberlaw Committee.
E-mail – pavan@pavanduggal.com
pduggal@nde.vsnl.net.in
2009 saw various new challenges that Cyberlaw was faced with around the world.
Information security and legislations around the same was a matter of tremendous concern for a majority of countries.
The emergence of cyber crimes and criminal activities on the internet continued to gain more momentum.
Cyber terrorism as a phenomenon firmly established itself as an important challenge before national governments and sovereign nations.
The struggle between the rights of sovereign nations to preserve national security and integrity vis-a-vis the personal private rights of individuals pertaining to privacy continued to grow.
More adoption of communication devices across the world and especially in third world countries like China and India clearly set the tone for far more complicated legal challenges facing the growth of Cyberlaw jurisprudence.
This year also saw cloud computing emerging on the scenario in an important significant manner. However, cloud computing also brought forward various complicated legal challenges and issues. The issue of distribution of content and data over computer resources located in different territorial jurisdictions connected to the cloud managed to gain enough significant recognition. More and more companies were impressed by the business relevance of cloud computing but also substantially concerned about the various legal issues and challenges as and when they arise.
Identity theft continued to be a major cyber crime mover in various jurisdictions.
Also misuse of confidential data and information was one subject that continuously engages the attention of the relevant stakeholders in different jurisdictions.
In the context of India, the year 2009 saw the notification and implementation of Information Technology (Amendment) Act 2008.
The said Information Technology Amendments are a tremendous improvement over the earlier law yet it brought forward its own practical peculiar problems and drawbacks
Cyber terrorism was declared as a heinous crime punishable with life imprisonment and fine under the terms of the amended Information Technology Act.
Further, various new kinds of cyber crimes like identity theft, cyber defamation, cyber nuisance and cyber harassment was specifically brought within the ambit of the Indian Cyberlaw.
India deviated from its earliest stand of providing for stringent punishment for cyber criminals by enacting the amended Information Technology Act.
The amended Information Technology Act is a cyber crime friendly legislation of India which goes extremely soft on cyber criminals.
Barring a few offences, almost all cyber crimes in India have been made as bailable offences where the accused is entitled to bail as a matter of right.
Such a legislative initiative, although laudable in its objectives, is likely to have counter-productive consequences.
After the amended Information Technology Act 2000 has come into implementation, I have seen various cases where once the accused has been released on bail, he has gone ahead and destroyed the concerned electronic evidences.
Destruction of incriminating electronic evidence will become the norm of the day in a country like India after the accused is released on bail which will make cyber criminal convictions in India even bigger challenge than earlier.
Already, the statistics are against India. A country of billion plus and a couple of cyber crime convictions is a sad commentary on the way the Information Technology Act 2000 was implemented.
By providing for mandatory bailablity of cyber crimes and by going soft on cyber criminals and by reducing the quantum of punishment of cyber crimes, the amended Information Technology Act gives virtually a signal to cyber criminals to come and explore the fertile soils of India for perpetuating the cyber criminal designs and intentions.
ABOUT THE AUTHOR
While a practicing Advocate, Supreme Court of India, Pavan Duggal has made an immense impact with an international reputation as a leading expert and authority on Cyberlaw and E-Commerce law. As such, his empanelment as a consultant to UNCTAD and UNESCAP on Cyberlaw and Cybercrime respectively, membership of the AFACT Legal Working Group of the UN / CEFAT, consulting as an expert with the Council of Europe on Cybercrime , inclusion in the Board of Experts of European Commission's Dr. E-Commerce and his work as an expert authority on a Cyberlaw primer for e-ASEAN Task Force and as a reviewer for Asian Development Bank speaks volumes of his worldwide acceptance as an authority on Cyberlaw. Pavan is the President of Cyberlaw Asia, Asia’s pioneering organization committed to the passing of dynamic Cyberlaws in the Asian continent. Pavan is also a member of the WIPO Arbitration and Mediation Center Panel of Neutrals and a member of ICT Policy and Governance Working Group of the UNICT Taskforce. He is the Legal and Policy Consultant to Internet Mark 2 Project, which is examining the next level of Internet. He has been invited to be an Associated Fellow of the Centre for Asia Pacific Technology Law and Policy (CAPTEL) at Singapore. Pavan is a member of Panel of Arbitrators of the Regional Centre for Arbitration, Kuala Lumpur and Asian Domain Names Dispute Resolution Centre at Hong Kong.
Pavan heads his niche law firm Pavan Duggal Associates, which has practice areas, amongst others, in Cyberlaw, Business Process Outsourcing Law, Intellectual Property Rights and Information Technology Law, Information Security Law, Defence, Biotech and Corporate Law. Pavan is also the President of Cyberlaws.Net, which is Internet's first ever-unique Cyberlaw consultancy. In addition to that, he is also the founder of the Cyberlaw Association and is also the Founder-President, Cyberlaw India. Some outstanding pioneering work in the field of cyber legal issues has resulted in his being the Chairman of ASSOCHAM Cyberlaw Committee.
E-mail – pavan@pavanduggal.com
pduggal@nde.vsnl.net.in
Wednesday, December 31, 2008
INDIAN CYBERLAW IN 2008
INDIAN CYBERLAW IN 2008
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF INDIA
HEAD, PAVAN DUGGAL ASSOCIATES
PRESIDENT, CYBERLAWS.NET
As 2009 has dawned, bringing a yet new year in our lives, it is time to consider and have an over view of the major developments in Indian Cyberlaw in the year gone by. 2008 was the year in which various important and landmark events took place in the area of cyber legal jurisprudence in India.
This was the year that was dominated by cybercrime and its rapid growth in India.
This year, the cybercriminals came in their own form, leaving the law enforcement agencies, gasping for breath and found wanting in implementing effective strategies to deal with them.
The year 2008 was also the year in which various emerging cybercrimes occupied centre stage attention. Various instances on identity theft and phishing were reported though under reported figures far outstripped the reported instances. The Indian cyberlaw continued to appear as a toothless lion in the light of the growing instances of cybercrime in India.
Meanwhile as Internet 2.0 became more prominent in India in the year 2008 social networking cybercrimes, including misuse of personal information posted on social networking sites was reported frequently. The misuse of personal information by tampering and amending the same, available on social networking platforms, has grown tremendously.
The year 2008 was also the year of cyber terrorism. The number of instances of cyber terrorism increased with the passage of time. Whether it was Bangalore or Delhi attacks, each bomb blast was preceded by the sending of emails announcing the said impending acts and claiming responsibility for the same. 2008 was the year when the cyber terrorist became bolder and far more adventurous. The inability of the law enforcement agencies to expeditiously track down the cyber criminals and take effective action demonstrated the inadequacy of Indian cyber legal regime and enforcement capacities to deal with complicated emerging issues pertaining to cyber terrorism.
2008 was also the year, when cyber terrorism came to the forefront in India in the form of the Mumbai attacks. The Mumbai terrorists were extremely technology savvy, and were using satellite phones with impunity.
2008 was also the year when pushed by the Mumbai attacks, the Government swung into action and got the amendments to the Information Technology Act 2000 passed in both the houses of Parliament. Clearly the factum of the passage of the Information Technology Amendment Act 2008 in both the houses of the Parliament without discussions demonstrate the truth of the dictum that history repeats itself. In the year 2000, the IT Act was passed, without any discussions in both the houses of the Parliament. The same history came to be repeated in India in December 2008 , when both the houses of Parliament passed the Information Technology Amendment Act 2008 without discussions and without even debating upon the inadequacy of the proposed amendments and the need for more detailed discussions and work in this regard.
Rather than dealing with the entire challenge of cyber terrorism in a comprehensive manner, the IT Act amendments have only got one provision on cyber terrorism.
There appears to be no sign of any learnings from the Mumbai attacks that the IT Amendment Act 2008 demonstrates. These amendments are now waiting for the seal and signature of the President before the same are implemented.
2008 was also the year, in which Network Service Providers started feeling the heat of the process of law. Various litigations were filed against Network Service Providers insisting upon them to disclose third party information rendered and made available in their computer systems. 2008 was also the year in which a prominent Network Service Provider started feeling the taste of giving wrong subscriber information to the law enforcement agencies.
2008 brought home the dawning of the truth that if the network service providers are negligent in giving the correct subscriber information to the law enforcement agencies, then they need to face potential legal consequences, both civil and criminal. This is all the more so as under the Information Technology Act 2000, Network Service Providers are made available for all third party data and information made available by them. However, the network service providers can exit from their liability provided that they are able to prove two alternate conditions. The first condition is that the network service provider has to prove that he had no knowledge of any contravention of the law. The second condition is that the network service provider has to prove that despite the exercise of all due diligence, it still could not prevent the commission of any offence or contravention under the law.
2008 was also the year in which one of the most prominent IT Companies of India ,Satyam Computer Services, was banned by the World Bank due to ‘improper benefits to bank staff’ and ‘lack of documentation on invoices’ for a period of eight years.
Year 2008 was also a year, when India organized big international events pertaining to IT and Internet. In February 2008 the Delhi meeting of the Internet Corporation For Assigned Names And Numbers ( ICANN) was held. Towards the end of the year December 2008, the Government organized the Internet Governance Forum at Hyderabad. The forum is a United Nation forum and is of tremendous significance in terms of giving a common platform to all stakeholders of the Internet to discuss various issues pertaining to internet law and policy.
Year 2008 was also a landmark year for judgements given under the Information Technology Act 2000.
In February 2008, Dr. L.Prakash, a prominent orthopedic surgeon, was sentenced to life imprisonment on the charges of online obscenity. In May 2008 the Delhi High Court rendered its landmark judgment in Baazee.com case. In this case, the CEO of the said portal was arrested in the year 2004 for the hosting of a message relating to the DPS MMS, on the website Baazee.com, which is now known as ebay.in .
In this case the Government levied criminal charges and filed charge sheet. This was so challenged before the Delhi High Court, which declined to quash the cyber criminal charges of online obscenity and directed the accused to face criminal trial. The matter is since now pending in the Supreme Court.
The common result of this judgment is that principles of law for electronic information as enshrined in the Information Technology Act, 2000 have been upheld.
2008 also continued to be a drought year in terms of no reported case of the grant of any damages by way of compensation under the summary procedure , detailed under the Information Technology Act, 2000.
The year 2008 was an adventurous year as far as cyber law jurisprudence in India is concerned. The cyberlegal developments that took place in 2008 , will provide the foundation for subsequent growth and development of the Indian cyberlaw jurisprudence in the year 2009.
It will be interesting to see how the year 2009 deals with highly complicated challenges pertaining to the internet, cyber space and the World Wide web.
All eyes are now on the year 2009!
The author Pavan Duggal, is India’s leading expert on cyberlaw and a practising Advocate in the Supreme Court of India, specializing in Internet and technology law. More information about him is at www.cyberlaws.net
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF INDIA
HEAD, PAVAN DUGGAL ASSOCIATES
PRESIDENT, CYBERLAWS.NET
As 2009 has dawned, bringing a yet new year in our lives, it is time to consider and have an over view of the major developments in Indian Cyberlaw in the year gone by. 2008 was the year in which various important and landmark events took place in the area of cyber legal jurisprudence in India.
This was the year that was dominated by cybercrime and its rapid growth in India.
This year, the cybercriminals came in their own form, leaving the law enforcement agencies, gasping for breath and found wanting in implementing effective strategies to deal with them.
The year 2008 was also the year in which various emerging cybercrimes occupied centre stage attention. Various instances on identity theft and phishing were reported though under reported figures far outstripped the reported instances. The Indian cyberlaw continued to appear as a toothless lion in the light of the growing instances of cybercrime in India.
Meanwhile as Internet 2.0 became more prominent in India in the year 2008 social networking cybercrimes, including misuse of personal information posted on social networking sites was reported frequently. The misuse of personal information by tampering and amending the same, available on social networking platforms, has grown tremendously.
The year 2008 was also the year of cyber terrorism. The number of instances of cyber terrorism increased with the passage of time. Whether it was Bangalore or Delhi attacks, each bomb blast was preceded by the sending of emails announcing the said impending acts and claiming responsibility for the same. 2008 was the year when the cyber terrorist became bolder and far more adventurous. The inability of the law enforcement agencies to expeditiously track down the cyber criminals and take effective action demonstrated the inadequacy of Indian cyber legal regime and enforcement capacities to deal with complicated emerging issues pertaining to cyber terrorism.
2008 was also the year, when cyber terrorism came to the forefront in India in the form of the Mumbai attacks. The Mumbai terrorists were extremely technology savvy, and were using satellite phones with impunity.
2008 was also the year when pushed by the Mumbai attacks, the Government swung into action and got the amendments to the Information Technology Act 2000 passed in both the houses of Parliament. Clearly the factum of the passage of the Information Technology Amendment Act 2008 in both the houses of the Parliament without discussions demonstrate the truth of the dictum that history repeats itself. In the year 2000, the IT Act was passed, without any discussions in both the houses of the Parliament. The same history came to be repeated in India in December 2008 , when both the houses of Parliament passed the Information Technology Amendment Act 2008 without discussions and without even debating upon the inadequacy of the proposed amendments and the need for more detailed discussions and work in this regard.
Rather than dealing with the entire challenge of cyber terrorism in a comprehensive manner, the IT Act amendments have only got one provision on cyber terrorism.
There appears to be no sign of any learnings from the Mumbai attacks that the IT Amendment Act 2008 demonstrates. These amendments are now waiting for the seal and signature of the President before the same are implemented.
2008 was also the year, in which Network Service Providers started feeling the heat of the process of law. Various litigations were filed against Network Service Providers insisting upon them to disclose third party information rendered and made available in their computer systems. 2008 was also the year in which a prominent Network Service Provider started feeling the taste of giving wrong subscriber information to the law enforcement agencies.
2008 brought home the dawning of the truth that if the network service providers are negligent in giving the correct subscriber information to the law enforcement agencies, then they need to face potential legal consequences, both civil and criminal. This is all the more so as under the Information Technology Act 2000, Network Service Providers are made available for all third party data and information made available by them. However, the network service providers can exit from their liability provided that they are able to prove two alternate conditions. The first condition is that the network service provider has to prove that he had no knowledge of any contravention of the law. The second condition is that the network service provider has to prove that despite the exercise of all due diligence, it still could not prevent the commission of any offence or contravention under the law.
2008 was also the year in which one of the most prominent IT Companies of India ,Satyam Computer Services, was banned by the World Bank due to ‘improper benefits to bank staff’ and ‘lack of documentation on invoices’ for a period of eight years.
Year 2008 was also a year, when India organized big international events pertaining to IT and Internet. In February 2008 the Delhi meeting of the Internet Corporation For Assigned Names And Numbers ( ICANN) was held. Towards the end of the year December 2008, the Government organized the Internet Governance Forum at Hyderabad. The forum is a United Nation forum and is of tremendous significance in terms of giving a common platform to all stakeholders of the Internet to discuss various issues pertaining to internet law and policy.
Year 2008 was also a landmark year for judgements given under the Information Technology Act 2000.
In February 2008, Dr. L.Prakash, a prominent orthopedic surgeon, was sentenced to life imprisonment on the charges of online obscenity. In May 2008 the Delhi High Court rendered its landmark judgment in Baazee.com case. In this case, the CEO of the said portal was arrested in the year 2004 for the hosting of a message relating to the DPS MMS, on the website Baazee.com, which is now known as ebay.in .
In this case the Government levied criminal charges and filed charge sheet. This was so challenged before the Delhi High Court, which declined to quash the cyber criminal charges of online obscenity and directed the accused to face criminal trial. The matter is since now pending in the Supreme Court.
The common result of this judgment is that principles of law for electronic information as enshrined in the Information Technology Act, 2000 have been upheld.
2008 also continued to be a drought year in terms of no reported case of the grant of any damages by way of compensation under the summary procedure , detailed under the Information Technology Act, 2000.
The year 2008 was an adventurous year as far as cyber law jurisprudence in India is concerned. The cyberlegal developments that took place in 2008 , will provide the foundation for subsequent growth and development of the Indian cyberlaw jurisprudence in the year 2009.
It will be interesting to see how the year 2009 deals with highly complicated challenges pertaining to the internet, cyber space and the World Wide web.
All eyes are now on the year 2009!
The author Pavan Duggal, is India’s leading expert on cyberlaw and a practising Advocate in the Supreme Court of India, specializing in Internet and technology law. More information about him is at www.cyberlaws.net
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