Information Technology Act
Encyclopedia
The Information Technology Act 2000 (ITA-2000)(IT ACT) is an Act of the Indian Parliament (No 21 of 2000) notified on October 17, 2000.
by resolution A/RES/51/162, dated the 30 January 1997 has adopted the Model Law on Electronic Commerce
adopted by the United Nations Commission on International Trade Law. This is referred to as the UNCITRAL Model Law on E-Commerce.
Following the UN Resolution India passed the Information Technology Act 2000 in May 2000 and notified it for effectiveness on October 17, 2000.
The Information technology Act 2000 has been substantially amended through the Information Technology Amendment Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and was notified for effectiveness on October 27, 2009.
A complete history of how the current version of the Information Technology Act -2008 version evolved over a period of time between 1998 to 2009 is available at the reference link given under external links below.'
In the 2008 version of the Act, there are 124 sections (excluding 5 sections that have been omitted from the earlier version) and 14 chapters. Schedule I and II have been replaced. Schedules III and IV are deleted.
ITAA 2008 (Information Technology Amendment Act 2008) as the new version of Information Technology Act 2000 is often referred has provided additional focus on Information Security. It has added several new sections on offences including Cyber Terrorism and Data Protection.
has brought major amendments to ITA-2000 in form of the Information Technology Amendment Act, 2008.
A set of Rules relating to Sensitive Personal Information and Reasonable Security Practices (mentioned in section 43A of the ITAA, 2008) was released in April 2011.
Some of the cyber law observers have criticized the amendments on the ground of lack of legal and procedural safeguards to prevent violation of civil liberties of Indians.
There have also been appreciation about the amendments from many observers because it addresses the issue of Cyber Security.
Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence. They can also secure assistance from computer personnel in decrypting data (see mandatory decryption), under penalty of imprisonment.
History of the Act
The United Nations General AssemblyUnited Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
by resolution A/RES/51/162, dated the 30 January 1997 has adopted the Model Law on Electronic Commerce
Electronic commerce
Electronic commerce, commonly known as e-commerce, eCommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online...
adopted by the United Nations Commission on International Trade Law. This is referred to as the UNCITRAL Model Law on E-Commerce.
Following the UN Resolution India passed the Information Technology Act 2000 in May 2000 and notified it for effectiveness on October 17, 2000.
The Information technology Act 2000 has been substantially amended through the Information Technology Amendment Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and was notified for effectiveness on October 27, 2009.
A complete history of how the current version of the Information Technology Act -2008 version evolved over a period of time between 1998 to 2009 is available at the reference link given under external links below.'
Specifics of the Act
Information technology Act 2000 consisted of 94 sections segregated into 13 chapters. Four schedules form part of the Act.In the 2008 version of the Act, there are 124 sections (excluding 5 sections that have been omitted from the earlier version) and 14 chapters. Schedule I and II have been replaced. Schedules III and IV are deleted.
Essence of the Act
Information Technology Act 2000 addressed the following issues:- Legal Recognition of Electronic Documents
- Legal Recognition of Digital Signatures
- Offenses and Contraventions
- Justice Dispensation Systems for CybercrimeCyberCrimeCyberCrime was an innovative, weekly America television program on TechTV that focused on the dangers facing computer users. Filmed in San Francisco, California, the show was hosted by Alex Wellen and Jennifer London...
s
ITAA 2008 (Information Technology Amendment Act 2008) as the new version of Information Technology Act 2000 is often referred has provided additional focus on Information Security. It has added several new sections on offences including Cyber Terrorism and Data Protection.
The Information Technology (Amendment) Act, 2008
The Government of IndiaGovernment of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
has brought major amendments to ITA-2000 in form of the Information Technology Amendment Act, 2008.
A set of Rules relating to Sensitive Personal Information and Reasonable Security Practices (mentioned in section 43A of the ITAA, 2008) was released in April 2011.
Criticism
The amendment was passed in an eventful Parliamentary session on 23rd of December 2008 with no discussion in the House.Some of the cyber law observers have criticized the amendments on the ground of lack of legal and procedural safeguards to prevent violation of civil liberties of Indians.
There have also been appreciation about the amendments from many observers because it addresses the issue of Cyber Security.
Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence. They can also secure assistance from computer personnel in decrypting data (see mandatory decryption), under penalty of imprisonment.