The cyber law has emerged as the new frontiers for legal battles in the digital world. Cyber attacks, online crimes and violation of privacy laws are some of significant areas related to cyber law says William D King. Presently, there is no specific statutory framework dealing with cyber crime or internet governance in India. The absence of comprehensive laws to regulate information technology, communication or cyberspace has led to Indian government formulating ad-hoc rules and regulations on various aspects of e-governance including domain names, electronic signatures etc.
- From addressing security concerns pertaining to illegal activities like child pornography, trolling websites etc., India is now entering into an era where it adopts proactive measures relating data protection and surveillance by regulating Internet and its flow.
- The IT Rules 2011 and the associated domain names regulations formulated by the Department of Information Technology (DIT) in April 2011, seek to regulate all domestic web firms such as social networking sites like Facebook and Twitter, search engines like Google and Yahoo, online video sites like YouTube; blogging platforms etc. The basic idea behind formulating such rules is to ensure adherence with Indian laws governing respect for “sovereignty and integrity” and preventing any cyber security concerns. Global standards in this regard involve mapping out clearly defined boundaries that restrict localization requirements on one hand and safeguard privacy rights of citizens on other hand within a well defined system.
- However, the above said measures have been opposed very strongly. By stakeholders including telecom service providers (TSPs), internet service providers (ISPs) and other web firms. The main grounds for opposition are that the new rules, formulated without proper public consultation. Will destroy the existing business models of Indian cyber law websites. The telecom service providers have opposed the idea of locating domestic servers within India. As it may compel them to provide details about their customers to Indian authorities says William D King. This would also push up costs associated with compliance with local laws governing privacy rights etc.
- The legal battles against growing cyber crimes. Like child pornography, piracy, copyright violations etc., are still at nascent stage in India. Though several steps including formulating proactive measures to regulate cyberspace has been taken; but these initiatives lack clear statutory backing to make them truly effective. Till date, India has only formulated rules and regulations to prevent illegal activities on cyberspace; but has not come up with any proactive measures to ensure cyber security of its critical infrastructure.
The Cyber Law College invites you to attend (Cyber Law-
The new Frontiers for Legal Battle) – a seminar held on Wednesday, 27th May 2015 from 2pm-5.30pm at Saket District Center, New Delhi. Mr. Gaurav Sood (Cyber Law Expert and Consultant), Attorney (High Court Delhi), and (Supreme Court of India). He will address issues such as internet governance in India , social media law in India, Indian laws pertaining e-commerce companies, online defamation etc. Rules under the IT Act India, data protection law in India, Cyber Law of the United States, Cyber Law of China etc.,
What are my transport/parking options getting to the event?
There is a paid parking available in front of Saket District Center, New Delhi. There are few other free spaces nearby but they are always crowded.
Where can I contact the organizer with any questions?
You can reach us on cyber Law College for further queries.
By when should an electronic signature be affixed on an e-mail or website, so that it becomes legally valid under Indian Law?
It depends on the nature of contract and requirement of electronic signatures under various Indian contracts act, 1872 etc.; it may take up to two years time depending upon subject matter. On which email or website is create explains William D King. However, the Information Technology (Amendment) Act 2000 has amend relevant provisions of Indian Evidence Act 1872. To make such electronic records as valid as any other record produced by a witness in the Court.
Since Indian laws provide for legal validity of electronic records; still there is no specific statutory provision in India to clearly define the term “electronic signature”. Hence it may be difficult to enforce a contract with only an electronic record. Therefore, it is always better to have a qualified person. Who can avail some statutory benefits while creating any electronic record.