Page 279 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes  Explain the legal recognition of electronic records
 Discuss the details of the licensing and the audit process
 Explain certifying authorities and its regulations
 Describe the concept of digital signatures

 Describe civil wrongs and cyber crimes
 Discuss in detail various penalties for non-compliance of the Act

Introduction

Since the beginning of civilization, man has always been motivated by the need to make progress
and better the existing technologies. This has led to tremendous development and progress
which has been a launching pad for further developments. Of all the significant advances made
by mankind from the beginning till date, probably the most important of them is the
development of Internet.

However, the rapid evolution of Internet has also raised numerous legal issues and questions.
As the scenario continues to be still not clear, countries throughout the world are resorting to
different approaches towards controlling, regulating and facilitating electronic communication
and commerce.
The Parliament of India has passed its first Cyber law, the Information Technology Act, 2000
which provides the legal infrastructure for E-commerce in India. The said Act has received the
assent of the President of India and has become the law of the land in India.

At this juncture, it is relevant for us to understand what the IT Act, 2000 offers and its various
perspectives.
The Information Technology Act was enacted in the year 2000 and implemented w.e.f.
17th October, 2000 to give a fillip to the growth and usage of computers, internet and software
in the country as well as to provide a legal framework for the promotion of e-commerce and e-
transactions in the country. The Information Technology Act, 2000 which consist of 94 Sections
in 13 Chapters and with Four Schedules provides for a legal framework for evidentiary value of
electronic record and computer crimes which are of technological nature.
Cyberlaw is a new phenomenon having emerged much after the onset of Internet. Internet grew
in a completely unplanned and unregulated manner. Even the inventors of Internet could not
have really anticipated the scope and far reaching consequences of cyberspace. The growth rate
of cyberspace has been enormous. Internet is growing rapidly and with the population of
Internet doubling roughly every 100 days, Cyberspace is becoming the new preferred
environment of the world.

With the spontaneous and almost phenomenal growth of cyberspace, new and ticklish issues
relating to various legal aspects of cyberspace began cropping up. In response to the absolutely
complex and newly emerging legal issues relating to cyberspace, Cyberlaw or the law of internet
came into being. the growth of cyberspace has resulted in the development of a new and highly
specialised branch of law called Cyberlaws-Laws of the Internet and the World Wide Web.
There is no one exhaustive definition of the term “Cyber law”. However, simply put, Cyber law
is a term which refers to all the legal and regulatory aspects of Internet and the World Wide
Web. Anything concerned with or related to, or emanating from, any legal aspects or issues
concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyber
law. IT Act is based on Model law on e-commerce adopted by UNCITRAL.

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