http://www.business-standard.com/india/printpage.php?autono=374538&tp=Amended IT Act comes into effect
BS Reporter / New Delhi October 28, 2009, 0:37 IST
Aimed at tightening procedures and safeguards to monitor and intercept
data to prevent cybercrimes, the Information Technology (Amendment)
Act, 2008, became effective today. The Act was passed by both the
Houses of Parliament in December last year and was notified in
February this year.
Besides monitoring and interception, the amended Act also deals with
the appointment of Indian Computer Emergency Response Team, which
deals with computer security and situations arising from cyber
attacks.
“A rapid increase in the use of computer and internet has given rise
to new forms of crimes like sending offensive emails and multimedia
messages, child pornography, cyberterrorism, publishing sexually
explicit materials in electronic form, video voyeurism, e-commerce
frauds like cheating by personation etc. So, penal provisions were
required to be included in the Information Technology Act, 2000,” the
government said in a statement today.
When floated for public feedback this May, the draft amendments
(particularly Section 69A) had stirred up a hornets’ nest. Critics
argued that the amendments gave the government blanket power to block
news portals and other sites for ‘offensive’ content and could be
abused.
The government, under Section 69A of the amended IT Act, can “block
public access of any information generated, transmitted, received,
stored or hosted in a computer resource” in the interest of
sovereignty or integrity of India; defence of India; security of the
state; friendly relations with foreign states; public order; and to
prevent incitement to the commission of any cognisable offence
relating to the above.
These orders will be carried out by government-appointed officers, not
below the rank of a joint secretary. Critics, however, argue that
these rules could end up violating the rights of internet users and
companies if not implemented in a “fair and just” manner.
“With the advent of these rules, authorised agencies within the
government now have greater administrative power. However, adequate
due process should be followed in ensuring that exercise of such power
does not impinge on privacy or freedom of speech and expression of
citizens,” said Suhaan Mukerji, principal associate of law firm
Amarchand & Mangaldas.
“It is a comprehensive Act and lawyers will now have to learn and use
technology. Besides, it will also open a lot of litigation and the
rules will decide the litigation. Moreover, crime that was not taken
seriously will get court redressal,” said Vijay Mukhi, e-security
expert and consultant at DSK Legal.
The Information Technology Act was enacted in 2000 with a view to
provide legal recognition to e-commerce and e-transactions, to
facilitate e-governance and prevent computer-based crimes. “However,
because attack vectors are changing everyday, the IT Act can’t be
static,” added Mukhi.
“There would be certain security practices that are prescribed by the
rules. The adjudicating officers can only decide on the civil issues,”
explained Data Security Council of India Chairman Shyamal Ghosh. The
government, under Section 70B of the IT Act, has appointed ICERT to
monitor offences under the Act.
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