MB0051 Unit 13 Information Related Laws

MB0051-Unit-13-Information Related LawsUnit-13-Information Related LawsStructure:13.1 Introduction

Objectives

13.2 Right to Information Act

13.3 Benefits of the RTI

13.4 Information Technology Act

13.5 Objectives of the Act

13.6 Commencement and Application

13.7 Digital Signature

13.8 Electronic Governance [Secs.4 to 16]

Legal recognition of electronic records (Sec.4)

Legal recognition of digital signatures (Sec.5)

Use of electronic record and digital signatures in government and its agencies (Sec.6)

13.9 Secure Electronic Records and Secure Digital Signatures [Secs.14 to 16]

Secure electronic record (Sec.14)

Secure digital signature (Sec.15)

Security procedure (Sec.16)

13.10 Digital Signature Certificates [Secs.35 to 39]

Certifying authority to issue digital signature certificate (Sec.35)

Representations upon issuance of digital signature certificate (Sec.36)

Revocation of digital signature certificate (Sec.38)

13.11 Cyber Regulations Appellate Tribunal

Establishment of cyber appellate tribunal (Sec.48)

Composition of cyber appellate tribunal (Sec.49)

Qualifications for appointment as presiding officer of the tribunal (Sec.50)

Term office (Sec.51)

Salary, allowances and other terms and conditions of service of presiding officer (Sec.52)

Resignation and removal (Sec.54)

Orders constituting appellate tribunal to be final and not to invalidate its proceedings (Sec.55)

Staff of the cyber appellate tribunal (Sec.56)

Appeal to cyber regulations appellate tribunal (Sec.57)

Procedure and powers of the tribunal (Sec.58)

Right to legal representation (Sec.59)

Limitation (Sec.60)

Civil court not to have jurisdiction (Sec.61)

Appeal to high court (Sec.62)

Compounding of contraventions (Sec.63)

13.12 Offences [Secs.65 to 78]

Tampering with computer source document (Sec.65)

Hacking with computer system (Sec.66)

Publishing of information which is obscene in electronic form (Sec.67)

Power of the controller to give directions (Sec.68)

Directions of controller to a subscriber to extend facilities to decrypt information (Sec.69)

Protected system (Sec.70)

Penalty for misrepresentation (Sec.71)

Breach of confidentiality and privacy (Sec.72)

Penalty for publishing digital signature certificate false in certain particulars (Sec.73)

Publication for fraudulent purpose (Sec.74)

Act to apply for offence or contravention committed outside India (Sec.75)

Confiscation (Sec.76)

Penalties and confiscation not to interfere with other punishments (Sec.77)

Power to investigate offences (Sec.78)

13.13 Shortcomings of the Information Technology Act, 2000

13.14 Summary

13.15 Terminal Questions

13.16 Answers

13.1 Introduction

In the earlier units, you came to know about the FEAM and Companies Act. In this unit you will study about the information related laws.

The Right to Information (RTI) Act has been in existence for over a year. But ironically, this Act which is full of significance in creating conditions for good governance, accountability of the government and promoting people’s basic rights to know about government’s decisions, actions or lack of actions and policies, remains hardly known to people for whose benefit it was introduced in the first place. Legislations centred on RTI are in full force in many countries of the world specially in the ones which are developed and ruled democratically.

ObjectivesAfter studying this unit, you should be able to:

· Explain Right to Information Act

· Describe the benefits of RTI

· Explain Information Technology Act

13.2 Right to Information Act

Right to information is a part of fundamental rights under Article 19 (1) of the Constitution.

Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said that people can not speak or express themselves unless they know. India is a democracy and people are the masters. Therefore the masters have the rights to know how the Govts., meant to serve them, are functioning.

In Indian democratic system, the right of every citizen to know information is no doubt a revolutionary step. Since long the officials in the name of administrative secrecy hesitated to disclose information and there by kept in darkness to general public about important decision of Govt. & other administrative bodies. This has widened the path of corruption in manifold. The main aim of this act is

to eradicate the existing practice of concealing facts & events and to empower every citizen to exercise their legal right in obtaining information under RTI Act, 2005.

The ideal objectives of the RTI Act are to promote transparency and accountability in the working of public authority and to set up a practical regime for giving citizens access to information under the control of public authorities.

RTI Act, 2005 was implemented in our country on 15th June, 2005 and became operational on 12.10.2005. The act extends to the whole of India except the State of Jammu and Kashmir.

What rights are available under RTI Act, 2005

Right to Information Act, 2005 empowers every citizen to:

· Ask any questions from the Government or seek any information.

· Take copies of any Govt. documents.

· Inspect any Govt. documents.

· Inspect any Govt. works.

· Take samples of materials of any Govt. work.

Coverage of the Act: The RTI Act covers all level of Govt. – Center, State, District and Local self Governing Bodies like Panchyat and Municipal bodies. It also covers NGOs – that are financed substantially with public funds provided by Govt. Every citizen of India are empowered to seek information from public authority. Information must be shared for the interest of public as the purpose of this Act is to evolve an interface between public authority and citizen. Since the Act imposes liability on public authority, it should not be misinterpreted rather it makes the administration more responsive and removes sloth. Maximum possible information must be disclosed voluntarily. For this openness and change of attitude is required.

Self Assessment Questions

1. ___________ is a part of fundamental rights under Article 19 (1) of the Constitution.

2. RTI Act, 2005 was implemented in our country on 15th June, 2005. (True/False)

13.3 Benefits of the RTI

The various benefits of the RTI are:

· Enhances transparency, credibility and legitimacy of public authority.

· Increases efficiency, vitality, alertness which are the major ingredients for smooth & effective functioning of public authority.

· Effective information flow helps citizen to secure their right and entitlement.

· Encourages public authority to be sensible and to make optimum use of limited fiscal resources.

· Reminds public authorities their power and duty including channels of supervision and accountability.

· Free flow of information can tackle any disaster there by enables sustained development and growth.


3. RTI ____________ transparency & credibility of public authority.

4. Effective information flow helps citizen to secure their ______________ and _____________..

13.4 Information Technology Act

In May 2000, at the height of the dot-com boom, India enacted the IT Act and became part of a select group of countries to have put in place cyber laws. In all these years, despite the growing crime rate in the cyber world, only less than 25 cases have been registered under the IT Act 2000 and no final verdict has been passed in any of these cases as they are now pending with various courts in the country.

Although the law came into operation on October 17, 2000, it still has an element of mystery around it. Not only from the perception of the common man, but also from the perception of lawyers, law enforcing agencies and even the judiciary.

The prime reason for this is the fact that the IT Act is a set of technical laws. Another major hurdle is the reluctance on the part of companies to report the instances of cyber crimes, as they don’t want to get negative publicity or worse get entangled in legal proceedings. A major hurdle in cracking down on the perpetrators of cyber crimes such as hacking is the fact that most of them are not in India. The IT Act does give extra-territorial jurisdiction to law enforcement agencies, but such powers are largely inefficient. This is because India does not have reciprocity and extradition treaties with a large number of countries.

The Indian IT Act also needs to evolve with the rapidly changing technology environment that breeds new forms of crimes and criminals. We are now beginning to see new categories and varieties of cyber crimes, which have not been addressed in the IT Act. This includes cyber stalking, cyber nuisance, cyber harassment, cyber defamation and the like. Though Section 67 of the Information Technology Act, 2000 provides for punishment to whoever transmits or publishes or causes to be published or transmitted, any material which is obscene in electronic form with imprisonment for a term which may extend to two years and with fine which may extend to twenty five thousand rupees on first convection

and in the event of second may extend to five years and also with fine which may extend to fifty thousand rupees, it does not expressly talk of cyber defamation. The above provision chiefly aim at curbing the increasing number of child pornography cases and does not encompass other crimes which could have been expressly brought within its ambit such as cyber defamation.


5. The Indian IT Act also needs to evolve with the rapidly changing technology environment that breeds new forms of crimes and criminals. (True/False)

6. Information Technology Act apply more than 43 countries in the world. (True/False)

13.5 Objectives of the Act

The objectives of the Act as reflected in the preamble to the Act are:

(i) to provide 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 involves the use of alternatives to paper-based methods of communication and storage of information;

(ii) to facilitate electronic filing of documents with the government agencies;

(iii) to facilitate electronic storage of data in place of paper-based methods of storage of data.

(iv) to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker’s Books Evidence Act, 1891, and the Reserve Bank of India Act, 1934, and

(v) to provide for matters connected therewith or incidental thereto.


7. IT Act facilitates electronic storage of data in place of ____________ methods of storage of data.

8. IT Act provides legal recognition for transactions carried out by means of __________ and other means of __________________.

13.6 Commencement and Application

It extends to the whole of India and save as otherwise provided in this Act, it applies to any offence or contravention thereunder committed outside India by any person.

http://resources.smude.edu.in/slm/wp-content/uploads/2010/09/clip-image00224.jpg

This Act is not applicable to the following:

(i) a negotiable instrument (other than a cheque) as defined in Sec.13 of the Negotiable Instruments Act, 1881;

(ii) a power-of-attorney as defined in Sec.1A of the Power of Attorney Act, 1882;

(iii) a trust as defined in Sec.3 of the Indian Trust Act, 1882;

(iv) a will as defined in Sec.2(h) of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called;

(v) any contract for the sale or conveyance of immovable property or any interest in such property;

(vi) any such class of documents or transactions as may be notified by the Central Government in the Official Gazette.


9. RTI extends to _____________ of India.

10. A trust is defined in the _________________.

13.7 Digital Signature

Authentication of electronic records. Authentication is a process used to confirm the identity of a person or to prove the integrity of information. The authentication of message involves determining its source and verifying that it has not been modified or replaced in transit. Subject to the provisions of section 3 any subscriber may authenticate an electronic record by affixing his digital signature.

The “hash function” means an algorithm mapping or translation of one sequence of bits into another, generally smaller set known as “hash result” such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input making it computationally infeasible (a) to derive or reconstruct the original electronic record from the hash result produced by the algorithm; (b) that two electronic records can produce the same hash result using the algorithm.

Self Assessment Question

11. Authentication is not a process used to confirm the identity of a person. (True/False)

13.8 Electronic Governance [Secs.4 to 16]

13.8.1 Legal recognition of electronic records (Sec.4)Where any law provides that information or any other matter shall be in writing or in the type, written or printed form, then notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such

information or matter is (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.

13.8.2 Legal recognition of digital signatures (Sec.5)Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed by the Central Government.

The expression “signed” as used above shall, with reference to a person, means affixing of his handwritten signature or any mark on any document and the expression “signature” shall be construed accordingly.

13.8.3 Use of electronic record and digital signatures in government and its agencies (Sec.6)Where any law provides for the following:

(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in a particular manner;

(b) the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner;

(c) the receipt or payment of money in a particular manner, then, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate Government.


12. Legal recognition of electronic records come under _____________.

13.9 Secure Electronic Records and Secure Digital Signatures [Secs.14 to 16]

13.9.1 Secure electronic record (Sec.14)Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.

13.9.2 Secure digital signature (Sec.15)If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was – (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature.

13.9.3 Security procedure (Sec.16)

The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including – (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transaction engaged in by other parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions or communications.


13. Secure digital signature come under __________________.

13.10 Digital Signature Certificates [Secs.35 to 39]

13.10.1 Certifying authority to issue digital signature certificate (Sec.35)Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government. Such an application is to accompany such fee not exceeding Rs 25000 as may be prescribed by the Central Government, to be paid to the Certifying Authority.

13.10.2 Representations upon issuance of digital signature certificate (Sec.36)A Certifying Authority while issuing a Digital Signature Certificate shall certify that: (a) it has complied with the provisions of this Act and the rules and regulations made thereunder; (b) it has published the Digital Signature Certificate or otherwise made it available to such person relying on it and the subscriber has accepted it; (c) the subscriber holds the private key corresponding to the public key, listed in the Digital Signature Certificate; (d) the subscriber’s public key and private key constitute a functioning key pair; (e) the information contained in the Digital Signature Certificate is accurate, and (f) it has no knowledge of any material fact, which, if it had been included in the Digital Signature Certificate would adversely affect the reliability of the representation made in (a) to (d) above.

13.10.3 Revocation of digital signature certificate (Sec.38)A Certifying Authority may revoke a certificate issued by it: (a) where the subscriber or any other person authorised by him makes a request to that effect; or (b) upon the death of the subscriber; or (c) upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company.


14. Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate. (True/False)

15. A Certifying Authority may not revoke a certificate. (True/False)

13.11 Cyber Regulations Appellate Tribunal

13.11.1 Establishment of cyber appellate tribunal (Sec.48)


The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal.

13.11.2 Composition of cyber appellate tribunal (Sec.49)The Tribunal shall consist of one person only, known as the presiding officer and be appointed, by notification, by the Central Government.

13.11.3 Qualifications for appointment as presiding officer of the tribunal (Sec.50)A person shall not be qualified for appointment as Presiding officer unless he: (a) is, or has been, or is qualified to be, a judge of a High court, or (b) is or has been a member of the India Legal Service and is holding or has held a post in Grade I of that service for at least 3 years.

13.11.4 Term office (Sec.51)The Presiding officer shall hold office for a term of 5 years from the date on which he enters upon his office or until he attains the age of 65 years, whichever is earlier.

13.11.5 Salary, allowances and other terms and conditions of service of presiding officer (Sec.52)The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of the presiding officer shall be such as may be prescribed. However, neither the salary and allowances nor the other terms and conditions of service of the Presiding officer shall be varied to his disadvantage after appointment.

13.11.6 Resignation and removal (Sec.54)The Presiding officer may by notice in writing addressed to the Central Government, resign his office. The Central Government, may, by order, remove the Presiding officer on the ground of proved misbehaviour or incapacity.

13.11.7 Orders constituting appellate tribunal to be final and not to invalidate its proceedings (Sec.55)No order of the Central Government appointing any person as the presiding officer shall be called in question. Further, no act or proceeding before the Tribunal shall be called in question on the ground merely of any defect in the constitution of the Tribunal.

13.11.8 Staff of the cyber appellate tribunal (Sec.56)The Central Government shall provide the Tribunal with such officers and employees as that Government may think. These employees and officers shall discharge their functions under general superintendence of the Presiding officer.

13.11.9 Appeal to cyber regulations appellate tribunal (Sec.57)Any person aggrieved by an order made by controller or an adjudicating officer may prefer an appeal to the Tribunal. However, no such appeal shall lie from an order made by an adjudicating officer with the consent of the parties. Every appeal shall be filed within a period of 45 days from the date on which a copy of the order made by the controller or the adjudicating officer is received by the person aggrieved. On receipt of an appeal, the Tribunal may, after giving the parties an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

13.11.10 Procedure and powers of the tribunal (Sec.58)The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure. Instead, it shall be guided by the principles of natural justice and subject to the other provisions of this and of any rules. Also, the Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.

13.11.11 Right to legal representation (Sec.59)The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Tribunal.

13.11.12 Limitation (Sec.60)The provisions of the Limitation Act, 1963 shall, as for as may be, apply to an appeal made to the Tribunal.

13.11.13 Civil court not to have jurisdiction (Sec.61)No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer or the Tribunal is empowered to determine. Further, no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

13.11.14 Appeal to high court (Sec.62)Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court within 60 days from the date of communication of the decision or order to him on any question of fact or law arising out of such order.

13.11.15 Compounding of contraventions (Sec.63)Any contravention under this Part may, either before or after the institution of Adjudication proceedings, be compounded by the controller or the adjudicating officer, as the case may be. However, such sum shall not exceed the maximum amount of the penalty which may be imposed for the contravention so compounded.

The benefit of compounding shall not be available to a person who commits the same or similar contravention within a period of 3 years from the date on which the contravention was previously compounded.


16. Every appeal shall be filed within a period of 45 days from the date on which a copy of the order made by the controller or the adjudicating officer is received by the person aggrieved. (True/False)

17. Right to legal representation comes under ______________.

13.12 Offences [Secs.65 to 78]

13.12.1 Tampering with computer source document (Sec.65)Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, (or computer program, or computer system or computer network), when the computer source code is required to be kept or

maintained by law for the time being in force, shall be punishable with imprisonment up to 3 years, or with fine which may extend up to Rs 2 lakh, or with both.

The expression “computer source code” means the listing of programs, computer commands, design and layout and program analysis or computer resource in any form.

13.12.2 Hacking with computer system (Sec.66)Whoever with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hacking.

13.12.3 Publishing of information which is obscene in electronic form (Sec.67)Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, to read, see or hear the matter, shall be punished on first conviction with imprisonment of either description for a term which may extend to 5 years or with fine which may extend to Rs 1 lakh. In the event of a second or subsequent conviction the imprisonment may extend to 10 years and the fine may extend to Rs 2 lakh.

13.12.4 Power of the controller to give directions (Sec.68)The controller may, by order, direct a Certifying Authority or any employee of such authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of the Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding Rs 2 lakh or both.

13.12.5 Directions of controller to a subscriber to extend facilities to decrypt information (Sec.69)If the controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing by order, direct any agency of the government to intercept any information transmitted through any computer resource. In such a case, the subscriber or any person in charge of the computer resource shall extend all facilities and technical assistance to decrypt the information. If he fails to provide the necessary assistance, then he shall be punished with an imprisonment for a term which may extend to 7 years.

13.12.6 Protected system (Sec.70)The appropriate government may declare any computer, computer system or computer network to be a protected system. It may authorise persons to have access to the protected system. Any person who secures access or attempts to secure access to a protected system without authority from the appropriate government shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

13.12.7 Penalty for misrepresentation (Sec.71)Whoever makes any misrepresentation to, or suppresses any material fact from, the controller or the certifying Authority for obtaining any licence or Digital Signature Certificate, shall be punished with imprisonment for a term which may extend to 2 years, or with fine which may extend to Rs 1 lakh, or with both.

13.12.8 Breach of confidentiality and privacy (Sec.72)Any person, (empowered under the Act) who has secured access to any electronic record, book, register, correspondence, information, document or other material, and he, without the consent of the person concerned, discloses the same to any other person shall be punished with imprisonment for a team which may extend to 2 years, or with fine which may extend to Rs 1 lakh, or with both.

13.12.9 Penalty for publishing digital signature certificate false in certain particulars (Sec.73)No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that (a) the Certifying Authority listed in the certificate has not issued it; or (b) the subscriber listed in the certificate has not accepted it, or (c) the certificate has been revoked or suspended unless such publication is for purpose of verifying a digital signature created prior to such suspension or revocation.

13.12.10 Publication for fraudulent purpose (Sec.74)Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a team which may extend to 2 years, or with fine which may extend to Rs 1 lakh, or with both.

13.12.11 Act to apply for offence or contravention committed outside India (Sec.75)The provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality. For this application, it is necessary that the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

13.12.12 Confiscation (Sec.76)Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which provision of this Act, rules, order or regulations made thereunder has been or is being contravened, shall be liable to confiscation.13.12.13 Penalties and confiscation not to interfere with other punishments (Sec.77)

No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.

13.12.14 Power to investigate offences (Sec.78)Notwithstanding anything contained in the Code of Criminal Procedure, a police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.

Self Assessment Questions18. Hacking with computer system comes under _____________.

19. No person shall publish a Digital Signature Certificate. (True/False)

13.13 Shortcomings of the Information Technology Act, 2000

The Act does not cover certain aspects of e-commerce. These are:

1. The Act deals only with the commercial and criminal areas of law as affected by information technology and do not deal with certain other issues, such as intellectual property rights, (i.e., copyright, trade marks and patents). Thus infringement of copyright on e-commerce will be governed by the Copyright Act, 1957.

2. The Act does not address itself to internet related issues such as domain names and cyber squatting. Thus under IT Act, neither any protection for domain names nor action against cybersquatting is available. There have arisen many disputes about domain names globally, including infringement, concurrent claims and cybersquatting. In USA, these issues are tackled by the US Anti-Cybersquatting Consumer Protection Act, 1999. This Act is a powerful deterrent to cybersquatting, as it provides for the levy of damages upto US$ 300,000 per mark against the guilty parties. In India, however, cybersquatting can be opposed by relying on the provisions of the Trade Marks Act, 1999.

3. The Act is not applicable to negotiable instruments, power of attorney, trusts, testamentary dispositions (wills), contracts for sale or conveyance of immovable property or any interest in such property. The non-applicability of the Act to negotiable instruments would result in e-commerce in India being limited to payment systems that are non-traditional or credit card based. The banks cannot extend their services to the online medium of payments.

4. The IT Act, 2000 is silent as regards taxation of goods and services traded through e-commerce.

5. The IT Act makes no provision for jurisdictional aspects of electronic contracts, i.e., jurisdiction of courts and tax authorities.

6. No provision has been made for payment of stamp duty on electronic documents.


20. IT Act has been passed to promote efficient delivery of the Government services by means of reliable electronic records. (True/False)


21. IT Act excludes the provisions related to the negotiable instruments like promissory notes, bills of exchanges, cheques, etc. (True/False)

22. IT Act, 2000 was passed which is based on the __________ Model law on electronic Commerce.

13.14 Summary

The Information Technology Act, 2000 has been passed to give effect to the said resolution and to promote efficient delivery of Government services by means of reliable electronic records. In the case of immovable property, certain documents are required to be compulsory registered with competent authorities of the government. Hence, these documents are excluded. Authentication of electronic records is a process used to confirm the identity of a person or to prove the integrity of information. The private key and the public key are unique to the subscriber and constitute a functioning key pair. The Controller shall be the repository of all Digital Signature Certificates issued under this Act.

GlossaryInformation Technology: Hardware and software that perform data processing tasks, such as capturing, transmitting, storing, retrieving, manipulating or displaying data.

Encryption: Encryption is a process of coding information which could either be a file or mail message in into cipher text a form unreadable without a decoding key in order to prevent anyone except the intended recipient from reading that data.Decryption: Decryption is the reverse process of converting encoded data to its original un-encoded form, plaintext.

Digital Signatures: a message signed with a sender’s private key can be verified by anyone who has access to the sender’s public key, thereby proving that the sender signed it and that the message has not been tampered with. This is used to ensure authenticity.

13.15 Terminal Questions

1. Describe the objectives of IT Act, 2000.

2. Describe the provisions as regards secure electronic records and secure digital signatures.

3. Explain available rights under RTI Act, 2005.

4. What do you mean by digital signature?

5. Describe the process of digital signature certificate.

6. Explain some offences in detail.

13.16 Answers

Answers to Self Assessment Questions1. Right to information

2. True

3. enhances

4. right, entitlement

5. True

6. True

7. paper-based

8. electronic data interchange, electronic communication

9. whole

10. Indian Trust Act, 1882

11. False

12. Electronics governance

13. Section 15

14. True

15. False

16. True

17. Section 59

18. Section 66

19. True

20. True

21. True

22. UNCITRAL

Answers to Terminal Questions1. Refer 13.4 – The objectives of the Act as reflected in the preamble to the Act: to provide 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 involves the use of alternatives to paper-based methods of communication and storage of information.

2. Refer 13.7 and 13.8 for detail.

3. Refer 13.2 – Full knowledge please refer 13.2.

4. Refer 13.7 – Authentication is a process used to confirm the identity of a person or to prove the integrity of information.

5. Refer 13.10 – Any person may make an application to the Certifying Authority for the issue of a Digital Signature Certificate in such form as may be prescribed by the Central Government.

6. Refer 13.12 for detail.

Mini-case

Bennett, Coleman & Co. Ltd. held two domain names "economictimes.com" and "timesofindia.com" for its respective newspapers ‘The Economic Times’ and ‘The Times of India". The Bennett, Coleman & Company filed two complaints, one against Steven S Lalwani and the second against Long Distance Telephone Company who had got sites registered as "theeconomictimes.com" and "thetimesofindia.com". The traffic to these sites was redirected to other sites of Lalwani and the Long Distance Telephone Company. The complainant claimed that the registration and use of the domain names by Lalwani and the Long Distance Telephone Company was in bad faith. The defendants suggested that any misleading impression would be dispelled by the different design of the website.

Question

What should be the court order in this case in your opinion? (Hint: Court give decision in favour of Bennet Coleman & Co. Ltd.)

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MB0051 Unit 13 Information Related Laws