ICT STRATEGY OF INDIA: A TECHNO-LEGAL PERSPECTIVE BY PRAVEEN DALAL MANAGING PARTNER PERRY4LAW LAW FIRM NEW DELHI, INDIA. INTRODUCTION-I Globalisation requires an interaction between Indian economy and world’s economy. Globalisation is closely related to ICT. The ICT strategy of a nation is very crucial to put it on a global map. It must be indigenously developed, Indianised and localised before putting it in use. INTRODUCTION-II The ICT strategy in India must be technolegal in nature rather than purely legal or purely technological. Suitable provisions are required in ICT Strategy, E-governance and Laws of India. Legal BPO in India also requires a sound technology base. THE MISSING LINKS-I There are certain missing links that must be incorporated in Indian ICT Strategy. These are: • Cyber forensics in India, • Cyber security in India, • Computer security in India • wireless security in India , etc. * These must be considered on a priority basis. THE MISSING LINKS-II There are legal risks of electronic commerce that cannot be ignored. Internet banking in India must be developed for a sound e-commerce base. The preventive measures for ATM Frauds must be adopted. Intellectual property rights in the digital era must be kept in mind. THE MISSING LINKS-III Dire need of judicial reforms in India keeping in mind the requirements of ICT. Establishment of electronic courts in India would be a good step in this direction. ICT must be used for resolving ecommerce and other disputes. Use of Online Dispute Resolution Mechanism required. POSSIBLE SOLUTION A techno-legal compliance can provide a viable solution for these missing links. We need initiatives on the lines of PTLB TM/SM. E-governance without security is useless. We need to capatilise “collective expertise” An “ideal public-private partnership” base is required in India. Broadcasting Bill-06 has certain deficiencies that must be removed. TECHNO-LEGAL MANDATES-I • • • ICT is a double edge sword, which can be used for destructive as well as constructive work. The following threats must be guarded against on a priority basis: Cyber crimes in India, Cyber terrorism, Secret information violations and data theft, TECHNO-LEGAL MANDATES-II • • • • • • • • Hacking, Demolition of e-governance base, Distributed denial of services attack, Network damage and disruptions, Cyber extortions, Spamming, E-mail manipulations, Phishing, etc. TECHNO-LEGAL MANDATES-III • • • • The following issues require immediate attention: The compliance requirements regarding cyber law, Use of digital evidencing, Reformulation of the proposed amendments to the IT Act, 2000, Training of Judges, Lawyers, etc. LEGISLATIVE EFFORTS-I To meet the challenges posed by ICT the Indian Parliament has enacted the Information Technology Act, 2000. The aim of the Act is to provide a sound base for e-governance and e-commerce. It also covers provisions pertaining to cyber contraventions and offences. The Act needs a rejuvenation to meet contemporary ICT requirements. LEGISLATIVE EFFORTS-II • • • • • The provisions pertaining e-governance are: Legal Recognition of E-Records - Section 4 Legal Recognition of Digital SignaturesSection 5 Use in Government and its AgenciesSection 6 Retention of E-Records- Section 7 Electronic-Gazette- Section 8, etc. LEGISLATIVE EFFORTS-III • • • • Provisions relating to cyber crimes and offences are also there. These include: Cyber Contravention- section 43, Cyber crimes and offences and their penalties- Sections 65-78, Network Service Provider’s liabilitySection 79, Offences by Companies- Section 85. POSSIBLE USES OF ICT-I To have access to public documents. For making online payments of various bills and dues. To file statutory documents online. To file the complaints, grievances and suggestions of citizens online. The online facility can be used to enter into a partnership the appropriate government in cases of government contracts. POSSIBLE USES OF ICT-II The citizens can use the online facility to file their income tax returns. The citizens will enjoy the facility of online services. The various departments of the government can be computerised and centralised JUDICIAL RECEPTION OF ICT-I The judicial response vis-à-vis information technology is positive and technology friendly. In M/S SIL Import, USA v. M/S Exim Aides Silk Exporters the words "notice in writing", in Section 138 of the Negotiable Instruments Act, were construed to include a notice by fax. JUDICIAL RECEPTION OF ICT-II In Basavaraj R. Patil v State of Karnataka it was held that it was not necessary that in all cases the accused must answer by personally remaining present in the court. The use of ICT was encouraged. In State of Maharashtra v. Dr.Praful.B.Desai the Supreme Court held that evidence, even in criminal matters, can also be by way of electronic records. This would include video conferencing. CONCLUSION Use of ICT in India is going to increase. Every segment of economy will be benefited. The need of the hour is to adopt a technolegal ICT base in India. We need more initiative on the lines of Euro-India ICT Cooperation and Belief. THANK YOU PRAVEEN DALAL MANAGING PARTNER PERRY4LAW FIRST TECHNO-LEGAL AND ICT FIRM NEW DELHI, INDIA.