Information Technology’ (I.T.) continues to have an ever-growing impact upon society and the way that society conducts its affairs. Information and communications technologies have permeated almost every professional, commercial and industrial activity. Now a days, all most all the organizations, would find it difficult, if not impossible, to function without relying heavily on these technologies. They have become indispensable tools, allowing the use of massive information storage, processing, dissemination, searching and retrieval. On the one hand Information and Communications Technologies have posed and continue to pose novel and complex social and legal problems, on the other hand, the Law has been found wanting when dealing with the issues raised by these constantly evolving technologies, and legislators and the courts have often struggled to come to terms with the challenges raised by them. An understanding of the legal issues involved remains of key importance to persons and organisations concerned with information and communications technology, and it is only armed with such understanding that they can satisfactorily address and cater to the problems raised by the development and use of these technologies.
‘Cyber Law’ is the law governing cyber space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. Cyber law encompasses laws relating to: (1) Cyber Crimes (2) Electronic and Digital Signatures (3) Intellectual Property and 4) Data Protection and Privacy. The primary source of cyber law in India is the Information Technology Act, 2000 (I.T. Act) which came into force on 17 October, 2000.
The I.T. Act, 2000 is India’s mother legislation regulating the use of computers, computer systems and computer networks as also data and information in the electronic format. The said legislation has provided for the legality of the electronic format as well as electronic contracts. This legislation has touched varied aspects pertaining to electronic authentication, digital signatures, cybercrimes and liability of network service providers. The inadequacy of the I.T. Act, 2000 to address some of the emerging phenomena, challenges and cybercrimes, led to voices clamouring for change in the Indian cyberlaw. Consequently, the Government of India brought the Information Technology (Amendment) Bill, 2008 in Parliament, which got passed by both the houses of Parliament in the last week of December, 2008 and received President’s assent on February 5, 2009. The I.T. (Amendment) Act, 2008 has come into force from 27th October 2009. The Act brings about various sweeping changes in the existing Cyberlaw and provides legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “Electronic Commerce”, which involve the use of alternatives to paper based methods of communication and storage of information, facilitates electronic filings of documents with the Government agencies and amended the Indian Penal Code, Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934 and the matters connected therewith or incidental thereto.
In this book, we have covered the areas of particular importance to computer and information technology professionals like: Concept of Information Technology and Cyber Space, Information Technology Act, 2000 (as Amended by I.T. Act 2008), E-Commerce, Cyber Law and IPRS (which includes copyright, patents and trademarks) and Cyber Crimes. Other areas of law are brought into the discussion where appropriate. This book provides a short cut to the students of the 5 year law degree course to enable them to get a broad understanding of the topics that would be covered under the revised syllabi with effect from the academic year 2009-2010.
We owe our gratitude to Mr. D. Durga Prasad, LL.B, FCS, for his personal attention, inputs and technical support. Our thanks are also due to Mr. M. Venkateswarlu for his wholehearted and efficient secretarial support in bringing out this Book.