Cyber Bill in Parliament - advent of the cyber era ?
It is expected that Parliament will pass the long over due IT bill which should pave the way for a radical transformation of the Indian economy.
While India has been slow to act - it is accepted that the impact o the country would be like a tidal wave. More than any of the Far Eastern economies sans Singapore it is India that is actually well poised to transform itself - on the back of a thriving IT sector and a fairly broad based and mature financial sector which can extend the e-payment regime to every nook and corner of India. On the negatives the major hinderances are the low penetration of PC's and the low literacy level.
In a path breaking effort the information technology bill, 1999, has prescribed stiff penalty of up to Rs 10 lakh and imprisonment up to 10 years for cyber crimes including malicious acts like infecting computer networks with viruses. Similarly hacking into secure computers and downloading information without proper authorisation, tampering or causing any other damage will similarly attract a penalty of up to Rs 10 lakh and jail terms.
The bill which was tabled in Lok Sabha on Thursday makes pornographhy and publication of obscene material via computers illegal. Such offences will attract prison terms of up to two years and a fine of Rs 25,000 on first conviction, followed by five years and Rs 50,000 on subsequent convictions.
The bill further stated the contravention of the proposed act committed outside India by persons of any nationality will be punishable.
Other acts that will attract censure include failure to furnish documents, returns or reports to the controller or certifying authority. Such default will make a person liable to cough up a penalty of up to Rs 1.50 lakh.
Failure to file returns or furnish information, book or other documents within a specified time period will make the guilty liable to pay fines of up to Rs 5,000 for each day of the default period.
Lapses in maintaining books of accounts as per the act or other regulations would be punishable with a penalty of Rs 10,000 for every day during which failure continues.
The bill provides for legal recognition of e-commerce, including digital signatures, among others. Once the bill is passed corporates and individuals will be able to rightfully carry on trade through the electronic medium without the fear of losing rights and obligations.
Publishing or creation of digital signature certificates for fraudulent or unlawful purposes would attract imprisonment of up to two years and fine of up to Rs 1 lakh. The bill proposes to provide for a regulatory regime to supervise the certifying authorities issuing digital signature certificates. To prevent the possible misuse arising out of transactions and other dealings concluded over the electronic medium, civil and criminal liabilities will be imposed.
With a view to facilitate electronic governance, the bill also seeks to provide for the use and acceptance of electronic records and digital signatures in government offices and its agencies. This will make the citizens interaction with the government offices hassle-free, according to the statement of objections and reasons appended with the bill.
(Makro India -Dec. 17,1999) |
