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Information Technology Act, 2000
The Information Technology Act of 2000 is the principal law in India addressing cybercrime and electronic trade.It was passed by the Indian Parliament in 2000 to give legal status to electronic transactions and facilitate e-governance.The Act addresses issues such as electronic signatures, data privacy, and the establishment of certifying agencies. It also changed numerous other laws, including the Indian Penal Code and the Evidence Act.
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Key features of the IT Act 2000
To make it more technology-neutral, replace digital signature with electronic signature.Expanding on cybercrimes, fines, and judicial systems.The term 'cyber café' refers to any establishment that provides public internet access.Establishing the Cyber Regulations Advisory Committee.Except for rights protected by the Copyright Act, the provisions of the Act will take precedence.The Act does not apply to certain papers and transactions, such as negotiable instruments, powers of attorney, and contracts for the sale of immovable property.Major revisions were made in 2008, including the contentious Section 66A, which was eventually overturned by the Supreme Court for being unconstitutional.To address rising technological challenges, attempts are underway to replace the IT Act of 2000 with a more comprehensive 'Digital India Act'.
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Major Revisions
Section 29A was added, and it defined the phrase 'electronic record' in accordance with the IT Act.Sections 167, 172, 173, 175, 192, 204, 463, 464, 468, 469, 470, 471, 474, 476, and 477A have been revised to incorporate the terms 'electronic record' and 'document' to acknowledge electronic evidence.Section 118 has been revised to encompass the use of encryption or other information hiding methods for concealing a criminal design.Section 119 Amendment: This section regarding concealing a criminal design, like Section 118, has been revised to encompass concealment using encryption or other information hiding methods.Section 464 was amended to use the word 'electronic signature' instead of 'digital signature.'
Changes to the IPC
The Information Technology Act of 2000 made numerous significant revisions to the Indian Penal Code (IPC), including adding Section 29A and amending several sections to incorporate the terms 'electronic record' and 'document'.
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Amendments to Information Technology Act, 2000
The amendment in 2008 brought changes to Section 66A of the Act. This was the most controversial section as it provided the punishment for sending any offensive messages through electronic mode. Any message or information that created hatred or hampered the integrity and security of the country was prohibited. However, it had not defined the word ‘offensive’ and what constitutes such messages, because of which many people were arrested on this ground. This section was further struck down by the Supreme Court in the case of Shreya Singhal v. Union of India (2015). Another amendment was made in Section 69A of the Act, which empowered the government to block internet sites for national security and integrity. The authorities or intermediaries could monitor or decrypt the personal information stored with them.
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Information Technology Intermediaries Guidelines
The government of India in 2021 drafted certain rules to be followed by the intermediaries. The rules made it mandatory for intermediaries to work with due diligence and appoint a grievance officer. They were also required to form a Grievance Appellate Tribunal. All complaints from users must be acknowledged within 24 hours and resolved within 15 days. It also provides a “Code of Ethics” for the people publishing news and current affairs, which makes it controversial. Many believe that the rules curtail freedom of speech and expression and freedom of the press.
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