Assignment -1

Information and Technology Law

Maximum Marks- 2*15= 30

Q.1- Critically evaluate the need to regulate the cyber space?

Ans. When we look at the current scenario the world has come up a long way in terms of
technology, it is growing rapidly in a positive way but along with the growth, also comes some
negative impacts. The growth of networking has helped in developing a virtual world called
Cyberspace. Cyberspace sets a great platform for lifestyle and e-commerce but at the same time
has given birth to Cybercrimes. Internet was developed for research and information and it has
now also become a tool to commit cybercrime. As the time passed by it has become more
transactional with communication, e-commerce, e-governance etc. The legal framework of cyber
laws deals with the legal issues which is related to the internet crime. As the number of
cybercrimes such as unauthorized access and hacking, Trojan Attack, virus and worm attack etc.
are increasing the need for related laws.
The malicious happenings over the Internet were first documented in the 1970s when the early
computer-based phones were becoming a target. The people who were interested in technology
more were the first hackers as they found a way around paying for long distance calls through a
series of codes. They destroyed and exploited the system by modifying the hardware and
software to steal long distance phone time. The more complex system the more vulnerable it
becomes to cybercrime.
In 1990, a large project named Operation Sundevil was exposed. The agents of FBI confiscated
42 computers and over 20,000 floppy disks that were used by the criminals for illegal credit card
use and telephone services. More than 100 FBI agents were on duty to catch few suspects who
were involved in this activity. It was seen as a great public relations effort because it was a way
to show and set an example in the society that the hackers will be watched and prosecuted.
Crime and Cybercrime have become an increasingly large problem in our society, even when we
have a legislation. With the technology, the hackers have also built such networks which are
difficult to crack by the agents.
Cyberspace is the major element which is making things possible to function in the era of an
ongoing pandemic. It spans worldwide but has no formal framework. The lack of formal
framework makes the Internet nobody’s domain. No single entity or individual owns or controls
the cyberspace. The cyberspace is considered to be res nullius in the Law of Property as it is
incapable of any kind of private ownership just like the case of outer space.
There is a speedy transmission of data and voice. The communication greatly enhances the
global trade. Huge amount of money and also data is exchanged through computers and even
cellular phones. The modern world is switching to paperless transactions. Even the court filings
are shifted to digital mode. With the rise in electronic business there is also a rising threat of
white-collar crimes. The internet is prone to crimes of global repercussion such as trafficking of
persons, child pornography, kidnapping for ransom and also terrorism.
For the new trends of cybercrimes which have emerged lately , there is need to bring speedier
laws and efficient laws because cybercrime has the potential to destroy each and every aspect of
the life as it is easy to commit but it’s hard to detect India has extremely detailed and well-
defined legal system but all the existing laws in place in India was enacted way back keeping in
mind the relevant political, social, economic, and cultural scenario of that relevant time, and thus
there is a big difference in those times and the times we are at now.

The Pandemic has made the World dependent on the technology completely. The departments
and the bodies of the Government are carrying out the work on software build up by the IT
agencies so that the work and the growth does not suffer. With higher dependency on the
Network, also comes great vulnerabilities. Therefore, Security of the networks must be taken into
prime consideration and legislations must be made. There are strict rules if there is any illegal
intervention in the Government website, but the country still needs to work upon the laws which
are strict when it comes to an individual.

Regardless of the excellent minds of our draftsmen; the essentials of cyberspace could hardly
ever be expected. The emergence of the Internet led to the emergence of numerous sensitive
legal issues and evils which necessitated the ratification of Cyber laws. Secondly, the law
existing even with the liberal analyses could not be interpreted in the spotlight of emerging
cyberspace. India being the second largest country to have Internet population but lacks an
infrastructure to secure the people from cybercrimes. There is need of a systematic legal
infrastructure which has the potential to cover all the crimes in cyberspace. Also, this law must
be kept highly dynamic as nothing is constant in Technology. With changes there will be new
possibilities and hence vulnerabilities. All these considerations created encouraging ambiance for
the need for enacting relevant cyber laws in India.

Q.2.- Highlight the relevant provisions related to E-Governance in the IT Act, 2000.
Ans. E- Governance or Electronic Governance is mentioned under the Section 4 and Section 10A
of the IT Act, 2000. It provides for legal recognition of electronic records and electronic
signature and also provides for legal recognition of contracts formed through electronic means.
Authorization by the Government
The Government may authorize any service provider to set up, maintain and upgrade the
computerized facilities and perform such other services as may be specified, by notification of
the Official Gazette for efficient delivery of services to the public through electronic means. The
service provider so authorized includes any individual, private agency, a private company,
partnership firm, sole proprietor form or any such other body or agency which has been granted
permission by the appropriate Government to offer services through electronic means in
accordance with the policy governing such service sector.
Data Retention
In case law provides that documents, records or information should be retained for any specific
period, then such documents, records or information retained in the electronic form will also be
covered, if the information contained therein remains accessible.
The electronic record is retained in the format in which it was originally generated, sent or
received or in a format which can be demonstrated to represent accurately the information
originally generated, sent or received and the details which will facilitate the identification of the
origin, destination, date and time of dispatch or receipt of such electronic record are available in
the electronic record.
Where any law provides for the audit of documents, records or information, then that provision
will also be applicable for the audit of documents, records or information processed and
maintained in electronic form.
Also, if the law provides that any rule, regulation, order, bye-law, notification or any other matter
should be published in the Official Gazette, then, such requirement shall be deemed to have been
satisfied if such rule, regulation, order, bye-law, notification or any other matter is published in
the Official Gazette or Electronic Gazette.
However, the above-mentioned provisions do not give a right to anybody to compel any Ministry
or Department of the Government to use electronic means to accept, issue, create, retain and
preserve any document or execute any monetary transaction.
1. Legal recognition of record (section 4)
where any law requires that any information should be in the typewritten or printed form then
such requirement shall be deemed to be satisfied if it is an electronic form. Therefore, section 4
confers validity on electronic record.
 
2. Legal recognition of electronic signatures (section 5)
Where any law provides that only information or other matters shall be authenticated by affixing
the signature or any document shall be signed or bear the signature of any person, then such
information or matter is authenticated by means of electronic signature affixed in such manner as
may be prescribed by the central government.
 
3. Use of electronic records and electronic signature in government and it's agencies
(section 6):
The filling of any form, application or other documents, creation, retention or perseverance of
record, issue or grant of any license or permit or payment in government offices and it's agencies
may be done through the means of electronic form.
 
4. Delivery of services by service provider (section 6A):
For the purpose of E governance and for efficient delivery of services to public through
electronic means the appropriate government may, by notification in the official gazette
authorize any service provider to set up, maintain and perform such other services as as it may
specify.
 
5. Retention of electronic records (section 7):
The documents, records or information which to be retained for any specified period shall be
deemed to have been retained if the same is retained in the electronic form provided the
following conditions are satisfied:

o The information remains accessible so as to be usable subsequently.

o The electronic records is retained in its original format which accurately represent
the information contained.
o The detail which will facilitate the identification of the origin, destination, dates
and time of receipt of such electronic records are available there in.
 
6. Audit of documents etc. Maintained in electronic form (section 7A):
where any law for time being in force contains provision for audit of documents, record or
information, then such provision shall also be applicable for audit of documents, records or
information processed and maintain in electronic records.
 
7. Publication of rule, regulation etc in electronic gazette (section 8):
Where any law provides that any rule, regulation, order, bye law, notification or any other matter
shall be published in official gazette, then such requirements shall be deemed to have been
satisfied if such rule, regulation, order, bye law , notification or any other matter is published in
official gazette or electronic gazette.
 
8. No right to insist government office etc to interact in electronic form (section 9):
No right is conferred upon any person to insist any ministry or department of central government
or state government or any authority under any law or controlled or funded by central or state
government should accept, issue, create, retain and preserve any documents in the form of
electronic records or effect any monetary transaction in the electronic form.
 
9. Power to make rules by central government in respect of electronic signature
(section 10):
The central government may prescribe:

o The type of electronic signature.

o The manner and format in which electronic signature should be affixed.

o The manner which facilitates identification of the person affixing the electronic
signature.
o Control processes and procedure to ensures adequate integrity, security and
confidential of electronic records or payment.
o Any other matter which is necessary to give legal effect to electronic signatures.