New Delhi: Even as the debate on the use of MMS and camera phone sparked off by a public school case continues to generate heat, legal experts say that India still lacks cyber laws to deal with legal and moral issues arising out of the misuse of technology by peeping toms.The MMS issue makes a case to re-examine existing laws. "Our cyber laws were formed years back when the technology of camera phones did not exist in India. Any crime related to it needs a stringent set of laws to be followed," says Pawan Duggal, a cyber law expert.
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Cyber law expert Pavan Duggal feels India's Information Technology Act of 2000 is completely outdated and not fit to deal with cyber crimes. He said that the law was promulgated four years ago primarily to bolster the e-commerce business and not intended to deal with cyber crime issues.
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The Internet in India has undergone rapid growth in recent years and regulations are currently being developed to speed up access levels in the country. Parallel to this, however, is evidence to suggest that authorities wish to develop stricter surveillance and monitoring controls over Internet activities, especially after September 11 US attacks, and the December 13 attack on the Indian Parliament.According to leading Indian cyber law expert, Pavan Duggal, the proposed bill gives immense powers to the new regulatory authority, the Communications Commission of India (CCI), to censor communication content by formulating programme ‘codes’ for content providers (Communication Convergence Bill 2001: 20.2.viii).
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A BANGALORE - BASED company has filed the first case for damages by way of compensation under Indian Cyberlaw ever since the Indian Information Technology Act came into effect in the year 2000. The case has been filed by Antares Systems Ltd against C1 India Pvt Ltd and four others under Section 43 and 46 of the Information Technology Act, 2000.Mr Duggal is representing Antares Systems in the case.
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Security is one of the biggest concerns that affects the world today. Not only is security in the actual world a matter of concern but security in the context of electronic format and the information stored therein has become a matter of immense concern. As the world is moving towards the Information Society, it is natural to expect an increase in the emphasis on security.
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India does not have any cyber law. What countries like India are doing is they are blindly applying the provisions of the Criminal Procedure Code to the Internet, says Cyberlaws.net founder Pavan Duggal.
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