Back Ground of Cyber Laws in India: The enactment of India Information Technology Act, 2000 laid the foundation of Cyber Laws or Laws related to Internet in India. This comprehensive Act provided for governance of Indian Cyber Space and was an attempt that showed seriousness of Government of India in regulating the behavior of netitizens. The Act comprehensively dealt with regulating, 1) Digital Signatures, 2) Electronic Communication, 3) Hacking, 4) Network and Virus Attacks & Intrusion, 4) Digital Evidence, 5) Pornography, 6) Crime and Punishment, and also it established a Cyber Appellate Authority for resolution of civil disputes. And to disseminate the knowledge of laws, many prestigious institutions are running cyber law course in different levels.
Since all human actions and behavior shifted from real world to virtual world, a need arose to redefine and regulate human actions in the virtual world.
CyberLaws and Transactional Law: The potential of Internet was soon realized by Indian Law makers. It soon became evident that most of the commercial transactions and businesses now transacted on Internet and therefore importance of Cyber Laws in dealing with transactional laws was of upmost important. The issues such as Click Contracts and Acceptance of License Agreement over the net were debated and deliberated by Law makers.
CyberLaws and Evidence Act: Another area of importance was Indian Evidence Act which defined a document to be a written document on a piece of paper. What would happen in the case of an email or electronically written message. What about messages such as SMS or text message sent over a mobile device. Yes, the Indian Evidence Act was required to be amended in order to give full effect to regulating the Indian Cyber Space.
CyberLaws and Child Pornography: The Pornography and particularly Child Pornography is viewed as a serious offence in India under the Indian Penal Code, 1860. The Lawmakers were conscious of the fact that Internet would soon make it easy and affordable for bad elements to circulate the objectionable material over the Internet. Special provisions under the Indian Information Technology Act, 2008 and rules made there under were incorporated to prevent such heinous crime.
CyberLaws and Data Privacy: A direct impact of CyberLaws is to regulate the rights of citizens in protecting their personal information and providing them with Privacy. Citizens had right to transact and converse freely over the Internet and the corporation providing platform were to maintain privacy of the same. However, the issue arose in case of Government actions? Can government of a country seek information about communication between two individuals from a company providing a platform. And if this violated right of a citizen to communicate and express freely over the Internet. The Government intervention to seek data from private organization was also dealt by the Information Technology Act, 2008 and rules were sought to be framed for Data Encryption.
As seen above Cyber Laws has many aspects and issues. Each aspect needs to be clearly defined and examined by not only Government of India, but Courts need to interpret the same.