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Give more teeth to IT
Act THOUGH the IT Act, 2000, aims to facilitate e-commerce, yet there are some core issues that remain unaddressed. Some of them are: a) Intellectual Property Rights: The IT Act, 2000 is conspicuously silent on the issue of IPR’s. The IPR’s in cyber space are domain names, copyrights and patents. Domain name infringement or cybersquatting have not been dealt with in the IT Act. Such an infringement is not uncommon the most recent case in India being the YahooIndia case. b) Digital signatures: The Act recognises digital signature certificates given by the Indian certification authorities only and does not recognise International digital signature. This hampers e-commerce given its global nature. c) Rights of consumers: The Act is silent on rights of online consumers. The IT Act, 2000, or the Consumer Protection Act, 1986, should be amended to incorporate the rights of online consumers. The extent to which the seller can disclaim his liablity should be specified. The IT Act is not
exhaustive and crimes like credit card frauds, cyber time theft, cyber
defamation, spamming, cyber stalking, e-mail spoofing etc. find no
mention in the Act. Therefore, relevant sections of the Indian Penal
Code have to be applied in such cases. In light of the rise in the
number of these crimes, the IT Act should be amended to incorporate
these offences. Section 72 dealing with the breach of privacy and confidentiality needs to be made airtight . Though Section 75 of the
Act provides for extra-territorial liability in case of cyber crime
committed on a computer system in India, yet the investigation and the
extradition process is a long drawn out process. |
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