IT Industry and ITLawAn awareness Seminar

16th Sepember 2006

Projected By

IIITLaw Welcome to ParticipantsJustice B.K.Somasekhara

Panelist and Chairman,IIITLaw

IT Industry and IT Law –‘A Panoramic view in the Global

Scenario’

A brief spreadmatrix

by

Justice B.K.Somasekhara

 

ITLaw PrefaceWe are in IT era after an IT revolution. An IT society has emerged with IT Culture. In less than half a century the development of IT is tremendous. The encompass is from Raja to Praja.-Sovereign to subject. There is no area which is not touched by IT. From cradle to cremation IT has an important role and an impact consequences. As a substitute to human activities it is deeply rooting into even normal life. It may be a digital aura everywhere. No longer IT is white collared benefit. It is spreading to masses and especially to common man. Undoubtedly IT is global. It is universal as it operates in space also. No other revolution moved so fast as IT revolution. It its process of evolution, the benefits for society and individual are immeasurable. It has outthrown all the traditional barriers and national limitations. With the benefits the evils are also developing with more success than the progress. The traditional regulatory measures are becoming inadequate to deal with them. In a competitive commercial and political scenario the It boom is apprehended to be destructive also more than constructive. The IT world is remaining innocent if not indifferent to the consequences. It reminds of Bhasmasura, the Indian legend of a demon attempting to destroy the god who gave the boon to him to burn any body, ultimately burning himself. However Lord Vishnu the preserver of all good and save Dharma from destruction had to intervene and destroy the demon cleverly. That is what IIITLaw will do for IT to exist for the benefit of humanity and protect it from the evils.

It is said that the Law will have its last laugh in social and moral conflicts as law within them are unknown. All over the world it is felt that traditional laws are inadequate and unsuitable to regulate IT consequences. IT Industry cannot manage with mere Industrial Law as a mere management. The National Laws are inapplicable as the real and entire activity of IT is global. International law is elusive as all the countries may not covenant to apply a foreign law to the common law. UNO has to wage wars to preserve international amity. It industries are spread all over the world. The IT product is required in the entire IT activity in all parts of the world. The science and Technology may thrive everywhere without territorial barriers. But Trade, Commerce, Industry, education and Administration within the territory and outside cannot manage ex parte. The presence and absence of legal and political consequences have far reaching consequences. The developing countries may feel miserable in the process. Even the developed countries are bound to suffer in the long run.

There is lack of laws for IT regulations. The Traditional laws have failed in IT regime. Small attempts by legal pundits to solve the ITLaw problems are still in the experimental stage. It legal education is in embryo state. The educationists are still thinking the software as an IP to apply only IP Laws. The IP Lawyers are not even one percent of the millions of legal men in the world. The true IP knowing judges may be very fractional if not zero. The ITLaw ignorance is looming large everywhere from common man to legal man.

 

 

IT law Backdrop .

Information Technology(IT) revolution is legion. It has become global. We are in IT Society. Three is a cross country spread of IT culture. The IT seepage into human society is a common experience. There is nothing which is not touched by IT science and technology. It is moving in hurricane speed. In a demand and supply economic stage the IT products become the end result of manufacturing process. The manufacturing process in a production house in a massive way becomes an industry. So is the IT product and the IT Industry. IT product is an Industrial manufactured product, sold and purchased in market used and misused by consumers. Like any other product IT product needs social and legal control. The social control ethically managed cannot sustain longer due to competitive commercial method of management for selfish profitable ventures. It always affects a genuine and honest trader and an innocent consumer. The state is also not spared of the illegal commercial ventures. There emerges the legal control or the state control. Traditional laws normally manage them by regulations and punishments. Special laws supplement them. It may be local, national to easily handle. But in the international legal problems extraordinary laws with international consequences become necessary. In that there are more failures than success. This is bound to happen in IT scenario. It is already happening.

IT and ITLaw- social and legal regime

1. Traditional Laws and IT Industry

2. If Laws exist for IT consequences ?, If so, whether they are sufficient locally or globally ?, If not what steps are necessary to make IT regime effective ?

3. What is the position in developed countries and developing countries like India in regard to IT Industry and IT Law ?

4. Can the IT Industries manage with the present legal context ?. If yes what will happen ?, If no, what has to be done ?

IT Law

What is IT Law ?

Where is IT Law ?

Why IT Law ?

To whom IT Law ?

From whom IT Law ?

What is ITLaw ?*

IT +Law= IT Law

(i) What is IT-What is Law –What is ITLaw

(ii) Science and Technology-IT +Jurisprudence-Science of Law: ITLaw

(iii) IT is the theme amd Law is suffix

How many laws in the world - at least in India? A million dollar question

Whether ITLaw exists in the world laws? Answer YES/NO

If yes, Where and how much? ** Whether sufficient ?

If No, how to increase them and who will increase

Themes /and concepts for study and research in IT Law

ITLaw(a)    Statutes(b)   Instruments(c)    Conventions etc(d)   IT Texts , Articles, Treatises and Precedents As per Annexers

SCOPE AND AREAS OF AWARENESS

A: Infotech Law as an independent subject for study

1. As a challenge for many of the established laws or within the existing legal frameworks2. As a wholesome treatment

3. As a substitute to paper based methods

4. As a challenge and branch of Intellectual Property Right laws

5. As a branch of World Trade Law

6. As a branch of Criminology/Penology/ Victimology

7. As a branch of Corporate Laws

8. As a supplement and compliment to Traditional Laws

9. As a new branch of Law/Jurisprudence

B: Specified items for study in Infotech Law

1. Definitions of related terms

2. Information or Knowledge as a specie of property

3. Privacy Vs The accumulation and dissemination of information

4. Information Technology as a substitute for human behavior

5. Trading in Information products

6. Dematerialization

7. Harmonization of National and International Laws

8. Software Technology and Cyber Laws

9. Electronic Transactions

10 The Internet and Civil, Criminal and Tortuous Liability

11.    Cyber laws and the governing Law of Contracts

(a) Ordinary Computer contracts

(b) Hardware Contracts

© Software Contracts

(d) Online Contracts

(i) Situs (location) of contracting parties

(ii)Time and place of contracts in Cyberspace

12    General Liability

13    Copyright/Patent Protection/Design right and Semiconductor chip Protection

14.    Cyber laws and Juvenile Justice

B: Specified items for study in Infotech Law-Continued

15.    Cyber Law and Tax law

16. Protecting Confidential Information

17 Evidence and proof in disputes before Courts and Authorities

18.    Electronic Data Interchange

19.Data Protection

20.  Infotech Law violations and Law of Torts

21.  The Challenges of Computer technology and laws

22 Protection of the private individual in Infotech Regime

23. As a subject for research

24. Advantages and evils

25. Present and future legislations covering Infotech Law in India and other

Countries with special reference to Uncitral Model Law and Information

Technology Act, 2000

26.  Cyberology/Futurology

27.  E-Governance

(a) Electronic Law (E-Law)

(b) E-Commerce

© E-Literature

(d). E-Problems/E-Solutions

(e) E-Litigations/E-Courts/E-Authorities

28.  Infotech Law Literacy for individuals and masses

29.  Cyber Law and employment -Service Law

(a). Online recruitment

(b). Relationship of master and servant

©. Termination or cessation with legal consequences

30. Cyber Crimes and online investigation. detection, punishment and execution

 

Codification and consolidation of all related laws and IT Convergence

1. Attempt by UNCITRAL MODEL LAW-a beginning but not a permanent solution

2. IT Socialization and globalization to achieve Universal IT Justice

(a)       If the title of the Act is appropriate or defective?(b)      Whether all the Cyber Issues are covered by the Act and what intriguing questions are not covered by the Act? (c)       If Traditional style applies ?, effect of Infotech Act(d)      Consumer protection in Cyber Space and Infotech Act(e)       E-Commerce and Infotech Act(f)        Company Law and Infotech Act(g)       Partnership Act and Infotech Act(h)       Indian Law and Software protection in Infotech law

A Critical look at Information Technology Act, 2000