|
IOA undertook the study with a view to analyse the existing legal
framework and assess the anomalies that threaten to arise in the
event of application of laws rooted in traditional concepts of property,
media and crime to the ever evolving technology and the Internet.
These anomalies threaten the very existence of the nascent and emerging
e-economy and thereby impose an extremely high cost of participation
for the stakeholders, informs an official release.
The review revealed that the application of the general law to
these media gave rise to undesirable results, which may result in
patent injustice. Further, it revealed that the existing laws governing
information technology are based on a very strong conceptual understanding
of the nature of the media, its actual working demanded considerable
changes.
Internet & Online Association president Preeti Desai said,
"Majority of cyber crimes worldwide are regarding pornography,
sedition and fraud and hence the initial study with a stringent
deadline was also focused on the same. We would like to work along
with government in organizing "Educative Seminar/(s) on the
application of IT Act 2000 to Cyber Crime in India" as we strongly
recognize that a legal solution and amendments by themselves will
not resolve misinterpreted 'injustice' as the evolving technologies
will continuously challenge our judicial systems."
Amarchand Mangaldas managing partner Shardul Shroff said, "The
absence of clarity is a deterrent to the business environment. The
cyber world and cyberspace has created a borderless world and this
necessitates a universalisation and commonality of standards and
legal concepts to be applied so that India does not become an isolated
island excluded from e-commerce activity. Legal uncertainty is detrimental
to the comparative advantage of India, as a leader in the world
of Information Technology and such a disadvantage ought to be urgently
neutralized. The attempt of the Sub-Committee on Legal Issues is
directed to this end."
The study has been prepared by law firm Amarchand & Mangaldas
& Suresh A Shroff & Co. for IOA.
|