Do You Know The Glorious History of Internet In India ??
Information Technology Act one of the outcome of
the resolution which was to be dated on 30th January 1997 from the
General Assembly of the United Nations, which adopts the Model Law on
Electronic Commerce, Model Law on Electronic Commerce on International
Trade Law .
This type of resolution recommends, inter alia, that all states have to give favorable consideration to the said Model Law as adopted by the General Assembly of the United Nation while it revise enactment for new law, so that the uniformity of the laws may be observed by the various cyber-nations, applicable for the alternative to paper based methods of communication and storage of the information.
The Department of Electronics (DOE) in July 1998
drafted a bill .
However, the bill could only be introduced in
the House on December 16, 1999 (after a gap of almost one and a half years)
when the new IT Ministry was formed in our country. It goes through substantial
alteration, with the Commerce Ministry making suggestions which was related to
E-commerce and matters pertaining to the World Trade Organization (WTO) with
their obligations. The Ministry of Law and Company Affairs had vetted this
joint draft. After having introduction in the House, the bill was referred to
the 42-members of the Parliamentary Standing Committee demands the following
things from the Members.
The Parliamentary Standing Committee made
several suggestions to be incorporated to the bill. However, the suggestions
that were approved by the (MIT) Ministry of Information Technology were
incorporated.
One of the best suggestions that was highly
debated upon was a cybercafe the owner must have to maintain a register to
record the names and addresses of all those people who had visited his cafe and
also a list of all the websites which was surfed by the visitors.
This suggestion was made as an small attempt to
curb the cyber-crime and to facilitate speedy locating of a cyber-criminal as
well.
However, at the same time it was being
reticulated, as it would invade upon the privacy of a net surfer’s which is not
economically viable. And finally, this was the suggestion which was being
dropped by the IT Ministry in its final draft. The Central Cabinet
approved the bill on May 13, 2000 and on May 17, 2000; both the houses of the
Parliament of India passed the Information Technology Bill.
The Bill received the assent of the President of
India on 9th June 2000 and came to be known as the Information Technology Act,
2000. The IT Act came into force on 17th October 2000.
With the passage of time, as technology
developed further and new methods of committing crime using Internet &
computers surfaced, the need was felt to amend the IT Act, 2000 to insert new
kinds of cyber offences and plug in other loopholes, that posed hurdles in the
effective enforcement of the IT Act, 2000.
It led to the passage of the Information
Technology (Amendment) Act, 2008 which was made effective from the date 27
October 2009. The Information Technology (Amendment) Act, 2008 has brought
marked many changes in the IT Act, 2000 on several counts.
Information Technology Act, 2000 is India’s
mother legislation regulating the use of the computer systems and computer
networks as the data and other information in the electronic format.
This legislation for the information technology
Act has touched varied aspects pertaining to electronic authentication like
digital signatures i.e., (Electronic), cyber-crimes and liability of the
network of the service providers.
Well the Preamble of the Information Technology
Act itself states that it aims at providing legal recognition for 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 and aims at facilitating electronic filing of documents
with the Government agencies.
The Act was amended by the Information
Technology Amendment Bill, 2008 which was to passed in the Lok Sabha on 22nd
December, 2008 and in Rajya Sabha on 23rd December, 2008.
Further it received the assent of the President
on 5th February 2009 and was notified with effect from 27/10/2009.
The main aim of IT Act of the Year 2000 was to
develop and to promote the IT industry, regulate e-commerce, facilitate
e-governance and prevent these from the cyber-crime.
The Act also sought to be foster security for
practices in India which would serve the country in a global context.
The Amendment was just created to address the
issues as the original bill failed to cover and to accommodate further
development of Information Technology and related to that security
it concerns through the original law was passed.
The Information Technology Act, 2000 consists of
90 sections spread over 13 chapters [Sections 91, 92, 93 and 94 of the
principal Act were omitted by the IT (Amendment) Act 2008 and has 2 schedules.
[Schedules III and IV were omitted by the
Information Technology (Amendment) Act 2008].
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