ICT STRATEGY OF INDIA: ICT STRATEGY OF INDIA: A TECHNO-LEGAL A TECHNO-LEGAL

PERSPECTIVEPERSPECTIVE

BYBYPRAVEEN DALALPRAVEEN DALAL

MANAGING PARTNERMANAGING PARTNERPERRY4LAWPERRY4LAWLAW FIRMLAW FIRM

NEW DELHI, INDIA.NEW DELHI, INDIA.

INTRODUCTION-IINTRODUCTION-I

Globalisation requires an interaction Globalisation requires an interaction between Indian economy and world’s between Indian economy and world’s economy.economy.

Globalisation is closely related to ICT. Globalisation is closely related to ICT. The ICT strategy of a nation is very The ICT strategy of a nation is very

crucial to put it on a global map.crucial to put it on a global map. It must be indigenously developed, It must be indigenously developed,

Indianised and localised before Indianised and localised before putting it in use. putting it in use.

INTRODUCTION-IIINTRODUCTION-II

The The ICT strategy in IndiaICT strategy in India must be must be techno-legal in nature rather than techno-legal in nature rather than purely legal or purely technological. purely legal or purely technological.

Suitable provisions are required in Suitable provisions are required in ICT Strategy, E-governance and Laws ICT Strategy, E-governance and Laws of India.of India.

Legal BPO in India also requires a Legal BPO in India also requires a sound technology basesound technology base. .

THE MISSING LINKS-ITHE MISSING LINKS-I

There are certain missing links that must There are certain missing links that must be incorporated in Indian ICT Strategy. be incorporated in Indian ICT Strategy.

These are:These are:• Cyber forensics in IndiaCyber forensics in India, , • Cyber security in IndiaCyber security in India, , • Computer security in IndiaComputer security in India• wireless security in India wireless security in India , etc., etc.

* These must be considered on a priority * These must be considered on a priority basis.basis.

THE MISSING LINKS-IITHE MISSING LINKS-II

There are There are legal risks of electronic commercelegal risks of electronic commerce that that cannot be ignored. cannot be ignored.

Internet banking in IndiaInternet banking in India must be must be developed for a sound e-commerce base.developed for a sound e-commerce base.

The The preventive measures for ATM Fraudspreventive measures for ATM Frauds must be adopted.must be adopted.

Intellectual property rights in the digital erIntellectual property rights in the digital eraa must be kept in mind. must be kept in mind.

THE MISSING LINKS-IIITHE MISSING LINKS-III

Dire need of Dire need of judicial reforms in India judicial reforms in India keeping in mind the requirements of ICT. keeping in mind the requirements of ICT.

Establishment of Establishment of electronic courts in India electronic courts in India would be a would be a good step in this direction.good step in this direction.

ICT must be used for resolving e-ICT must be used for resolving e-commerce and other disputes. commerce and other disputes.

Use of Online Dispute Resolution Use of Online Dispute Resolution Mechanism required. Mechanism required.

POSSIBLE SOLUTIONPOSSIBLE SOLUTION

A A techno-legal compliancetechno-legal compliance can provide a can provide a viable solution for these missing links.viable solution for these missing links.

We need initiatives on the lines of We need initiatives on the lines of PTLB TM/SMPTLB TM/SM. .

E-governance without securityE-governance without security is useless. is useless. We need to capatilise “We need to capatilise “collective expertisecollective expertise” ” An “An “ideal public-private partnershipideal public-private partnership” base is ” base is

required in India.required in India. Broadcasting Bill-06 Broadcasting Bill-06 has certain deficiencies has certain deficiencies

that must be removed.that must be removed.

TECHNO-LEGAL MANDATES-ITECHNO-LEGAL MANDATES-I

ICT is a double edge sword, which ICT is a double edge sword, which can be used for destructive as well as can be used for destructive as well as constructive work.constructive work.

The following threats must be The following threats must be guarded against on a priority basis: guarded against on a priority basis:

• Cyber crimes in India,Cyber crimes in India,• Cyber terrorism,Cyber terrorism,• Secret information violations and Secret information violations and

data theft,data theft,

TECHNO-LEGAL MANDATES-IITECHNO-LEGAL MANDATES-II

• Hacking,Hacking,• Demolition of e-governance base,Demolition of e-governance base,• Distributed denial of services attack,Distributed denial of services attack,• Network damage and disruptions,Network damage and disruptions,• Cyber extortions,Cyber extortions,• Spamming, Spamming, • E-mail manipulations,E-mail manipulations,• Phishing, etc. Phishing, etc.

TECHNO-LEGAL MANDATES-IIITECHNO-LEGAL MANDATES-III

The following issues require The following issues require immediate attention: immediate attention:

• The compliance requirements The compliance requirements regarding cyber law, regarding cyber law,

• Use of digital evidencing, Use of digital evidencing, • Reformulation of the proposed Reformulation of the proposed

amendments to the IT Act, 2000, amendments to the IT Act, 2000, • Training of Judges, Lawyers, etc. Training of Judges, Lawyers, etc.

LEGISLATIVE EFFORTS-ILEGISLATIVE EFFORTS-I

To meet the challenges posed by ICT To meet the challenges posed by ICT the Indian Parliament has enacted the the Indian Parliament has enacted the Information Technology Act, 2000. Information Technology Act, 2000.

The aim of the Act is to provide a The aim of the Act is to provide a sound base for e-governance and e-sound base for e-governance and e-commerce. commerce.

It also covers provisions pertaining to It also covers provisions pertaining to cyber contraventions and offences.cyber contraventions and offences.

The Act needs a rejuvenation to meet The Act needs a rejuvenation to meet contemporary ICT requirements. contemporary ICT requirements.

LEGISLATIVE EFFORTS-IILEGISLATIVE EFFORTS-II

The provisions pertaining e-governance The provisions pertaining e-governance are:are:

• Legal Recognition of E-Records - Section Legal Recognition of E-Records - Section 44

• Legal Recognition of Digital Signatures- Legal Recognition of Digital Signatures- Section 5Section 5

• Use in Government and its Agencies- Use in Government and its Agencies- Section 6Section 6

• Retention of E-Records- Section 7Retention of E-Records- Section 7• Electronic-Gazette- Section 8, etc. Electronic-Gazette- Section 8, etc.

LEGISLATIVE EFFORTS-IIILEGISLATIVE EFFORTS-III

Provisions relating to cyber crimes Provisions relating to cyber crimes and offences are also there.and offences are also there.

These include:These include:• Cyber Contravention- section 43,Cyber Contravention- section 43,• Cyber crimes and offences and their Cyber crimes and offences and their

penalties- Sections 65-78,penalties- Sections 65-78,• Network Service Provider’s liability- Network Service Provider’s liability-

Section 79,Section 79,• Offences by Companies- Section 85. Offences by Companies- Section 85.

POSSIBLE USES OF ICT-IPOSSIBLE USES OF ICT-I

To have access to public documents.To have access to public documents. For making online payments of various For making online payments of various

bills and dues. bills and dues. To file statutory documents online.To file statutory documents online. To file the complaints, grievances and To file the complaints, grievances and

suggestions of citizens online.suggestions of citizens online. The online facility can be used to enter The online facility can be used to enter

into a partnership the appropriate into a partnership the appropriate government in cases of government government in cases of government contracts.contracts.

POSSIBLE USES OF ICT-IIPOSSIBLE USES OF ICT-II

The citizens can use the online The citizens can use the online facility to file their income tax facility to file their income tax returns.returns.

The citizens will enjoy the facility of The citizens will enjoy the facility of online services.online services.

The various departments of the The various departments of the government can be computerised government can be computerised and centralised and centralised

JUDICIAL RECEPTION OF ICT-IJUDICIAL RECEPTION OF ICT-I

The judicial response vis-à-vis The judicial response vis-à-vis information technology is positive information technology is positive and technology friendly.and technology friendly.

In In M/S SIL Import, USA v. M/S Exim M/S SIL Import, USA v. M/S Exim Aides Silk ExportersAides Silk Exporters the words the words "notice in writing", in Section 138 of "notice in writing", in Section 138 of the Negotiable Instruments Act, were the Negotiable Instruments Act, were construed to include a notice by fax. construed to include a notice by fax.

JUDICIAL RECEPTION OF ICT-IIJUDICIAL RECEPTION OF ICT-II

In In Basavaraj R. Patil v State of Basavaraj R. Patil v State of KarnatakaKarnataka it was held that it was not it was held that it was not necessary that in all cases the accused must necessary that in all cases the accused must answer by personally remaining present in answer by personally remaining present in the court. The use of ICT was encouraged. the court. The use of ICT was encouraged.

In In State of Maharashtra v. State of Maharashtra v. Dr.Praful.B.DesaiDr.Praful.B.Desai the Supreme Court held the Supreme Court held that evidence, even in criminal matters, can that evidence, even in criminal matters, can also be by way of electronic records. This also be by way of electronic records. This would include video conferencing. would include video conferencing.

CONCLUSIONCONCLUSION

Use of ICT in India is going to increase.Use of ICT in India is going to increase. Every segment of economy will be Every segment of economy will be

benefited. benefited. The need of the hour is to adopt a The need of the hour is to adopt a

techno-legal ICT base in India. techno-legal ICT base in India. We need more initiative on the lines of We need more initiative on the lines of

Euro-India ICT Cooperation and Belief. Euro-India ICT Cooperation and Belief.

THANK YOUTHANK YOU

PRAVEEN DALALPRAVEEN DALALMANAGING PARTNERMANAGING PARTNERPERRY4LAWPERRY4LAWFIRST TECHNO-LEGAL FIRST TECHNO-LEGAL AND AND ICT FIRMICT FIRMNEW DELHI, INDIA.NEW DELHI, INDIA.