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Need of Cyber Ĺaw

The need for enactment of the Information Technology Act 2000 in India arose from the increasing use of information and communication technologies in conducting business and governance, replacing traditional paper-based methods. However, while e-commerce and e-governance provided benefits by being faster and cheaper, the lack of a legal framework governing electronic transactions discouraged their use. The Act was passed to provide this legal framework and address cyber crimes, in line with the UNCITRAL Model Law on Electronic Commerce and to facilitate India's international trade. It aimed to promote e-commerce and recognize electronic documents and records.

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47 views5 pages

Need of Cyber Ĺaw

The need for enactment of the Information Technology Act 2000 in India arose from the increasing use of information and communication technologies in conducting business and governance, replacing traditional paper-based methods. However, while e-commerce and e-governance provided benefits by being faster and cheaper, the lack of a legal framework governing electronic transactions discouraged their use. The Act was passed to provide this legal framework and address cyber crimes, in line with the UNCITRAL Model Law on Electronic Commerce and to facilitate India's international trade. It aimed to promote e-commerce and recognize electronic documents and records.

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cw99zxfngr
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What was the need for the enactment of information

technology Act 2000


In the 21st century computers the Internet and
information and communication technologies that is ICT
or e-revolution have changed the lifestyle of the people.
today paper based communication has been substituted
by e communication, paper based commerce by e
commerce, paper based governance by e governance
and so on.
Accordingly we have new terminologies like cyber world,
netizens, e transactions, e banking, e returns, and online
contracts.
Apart from the positive side of e revolution, there is a
seamy side also and Computers, Internet , ICTs In the
hands of criminals have become a weapon of offence.
accordingly a new branch of jurisprudence emerged to
tackle the problem of e commerce and cyber crimes in
cyberspace commonly known as cyber law or cyberspace
law or information technology law or Internet law.
Again, United Nations Commission on international
trade law that is UNCITRAL in 1996 framed Model Law on
electronic commerce.
It was further adopted by the General Assembly of the
United nations by passing a resolution on 30 th January
1997.
This resolution recommended that all the states who are
members of united nation should give favorable
consideration to the said Model Law when they enacted
or revise their laws, in view of the need for uniformity of
the law applicable to alternatives to paper based
methods of communication and storage of information.
National reasons-
The main national results for enactment of the
information technology Act 2000 are-
1. Increasing the use of ICT in conducting business
transactions and entering into contracts,, because it
was easier, Faster, and cheaper to store, transact,
and communicate electronic information than the
traditional paper documents.
2. Business people were aware of these advantages but
were reluctant to interact electronically because
there was no legal protection under existing laws.
International reasons
The main international reason for enactment of
information technology act 2000 are
1. International trade through electronic means was
growing tremendously and many countries had
switched over from traditional paper based
commerce to e commerce.
2. The United nations Commission on international
trade law had opted a model on electronic
commerce in 1996 to bring uniformity in laws
governing e commerce across the globe.
3. Further India being a signatory to it had to revise its
national laws as per the UNCITRAL Model Law.
Therefore India has also enacted the information
technology Act 2000.
4. Because the World Trade Organization was also
likely to conduct the transactions only in the
electronic media in the future.
Accordingly the Ministry of Commerce of the
Government of India created the draft of the legislation
following these guidelines termed as e commerce act
1998.
But after that a separate ministry for information
technology came into being, the draft was taken over by
the ministry which redrafted the legislation as
information technology bill 1999.
This draft was placed in the parliament in December
1999 and passed in May 2000.
After the assent of the president on June 9 2000 the act
was finally notified with the effect from October 17 2000.
Most sections addressed the need of issuance of digital
certificates and management of these certificates.
cyber crime as a subject was not looked into in depth.
there were only passing references to acts of cyber
crimes without mentioning the crimes specifically.
Therefore since the act was passed there had been
increasing demand to address increasing events of vivid
cyber crimes.
ever since this act came into being there were series of
demand for bringing about changes that will make sure
that act provided for curbing the menace of cyber crime.
Issue of data leakage and personal privacy also started
making news.
These demands for change of original act were further
strengthened by the BPO industry in India which had to
produce credentials of data safety and privacy in India to
bid for international projects which were being
outsourced out of Western countries.
A major amendment was made to the act in 2003
consequent to the passage of a related legislation called
negotiable instrument miscellaneous provisions
amendment act 2002.
the amendment to negotiable instrument act 2002 for
the first time recognised a check in electronic form.
Later on the recommendations of an expert committee
formed by ministry of IT, IT amendment bill 2006 has
been passed by Indian parliament on December 23 2008.
It came into force after presidential assent in February
2009,as Information Technology Amendment Act, 2008.

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