Information technology act, 2000
Narayana, P. S.
Information technology act, 2000 c.2 - Hyderabad ALT Pub. 2000 - 136 p.
As Appended to the Information Technology Bill. 1999.
New communication systems and digital technology have made dramatic changes in the way we live. A revolution is occurring in the way people transact business. Businesses and consumers are increasingly using computers to create, transmit and store informatión in the electronic form instead of traditional paper documents, Information stored in electronic form has may advantages. It is cheaper, easier to store, retrieve and speedier to communicate. Although people are aware of these advantages they are reluctant to conduct business or conclude any transaction in the electronic form due to lack of appropriate legal framework. The two principal hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirenterits as to writing and signature for legal recognition. At present many legal provisions assume the existence of paper-based records and documents and records which should bear signatures. The Law of Evidence is traditionally based upon paper-based records and oral testimony. Since electronic commerce eliminates the need for paper-based transactions, hence to facilitate e-commerce, the need for legal changes have become an urgent necessity. International trade through the medium of e-commerce is growing rapidly in the past few years and many countries have switched over from traditional paper-based commerce to e-commerce.
2. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce in 1996. The General
Assembly of United Nations by its Resolution No. 51/162, dated 30th January, 1997 recommended that all States should give favourable vari considerations to the sald Model Law when they enact or revise their laws. The Model Law provides for equal legal treatment of users of electronic communication and paper-based communication. Pursuant to a recent declaration by member countries, the World Trade Organisation is likely to form a work programme to handle its work in this area including the possible creation of multilateral trade deals through the medium of electronic commerce.
3. There is a need for bringing in suitable amendments in the existing laws in our country to facilitate e-commerce. It is, therefore, proposed to provide for legal recognition of electronic records and digital signatures. This will enable the conclusion of contracts and the treation of rights and obligations through the electronic medium. It is also proposed 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. It is also proposed to create civil and criminal liabilities for contravention of the provisions of the proposed legislation..
4. With a view to facilitate Electronic Governance, It is proposed to provide for the use and acceptance of electronic records and digital signatures in the Government offices and its agencies. This will make the citizens interaction with the Government offices hassle-free.
Law-Information technology-2000
343.087 NAR
Information technology act, 2000 c.2 - Hyderabad ALT Pub. 2000 - 136 p.
As Appended to the Information Technology Bill. 1999.
New communication systems and digital technology have made dramatic changes in the way we live. A revolution is occurring in the way people transact business. Businesses and consumers are increasingly using computers to create, transmit and store informatión in the electronic form instead of traditional paper documents, Information stored in electronic form has may advantages. It is cheaper, easier to store, retrieve and speedier to communicate. Although people are aware of these advantages they are reluctant to conduct business or conclude any transaction in the electronic form due to lack of appropriate legal framework. The two principal hurdles which stand in the way of facilitating electronic commerce and electronic governance are the requirenterits as to writing and signature for legal recognition. At present many legal provisions assume the existence of paper-based records and documents and records which should bear signatures. The Law of Evidence is traditionally based upon paper-based records and oral testimony. Since electronic commerce eliminates the need for paper-based transactions, hence to facilitate e-commerce, the need for legal changes have become an urgent necessity. International trade through the medium of e-commerce is growing rapidly in the past few years and many countries have switched over from traditional paper-based commerce to e-commerce.
2. The United Nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Commerce in 1996. The General
Assembly of United Nations by its Resolution No. 51/162, dated 30th January, 1997 recommended that all States should give favourable vari considerations to the sald Model Law when they enact or revise their laws. The Model Law provides for equal legal treatment of users of electronic communication and paper-based communication. Pursuant to a recent declaration by member countries, the World Trade Organisation is likely to form a work programme to handle its work in this area including the possible creation of multilateral trade deals through the medium of electronic commerce.
3. There is a need for bringing in suitable amendments in the existing laws in our country to facilitate e-commerce. It is, therefore, proposed to provide for legal recognition of electronic records and digital signatures. This will enable the conclusion of contracts and the treation of rights and obligations through the electronic medium. It is also proposed 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. It is also proposed to create civil and criminal liabilities for contravention of the provisions of the proposed legislation..
4. With a view to facilitate Electronic Governance, It is proposed to provide for the use and acceptance of electronic records and digital signatures in the Government offices and its agencies. This will make the citizens interaction with the Government offices hassle-free.
Law-Information technology-2000
343.087 NAR