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Topic : Cyber Law in India
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Created by : Dayanand Deshpande, Senior Consultant, Ernst & Young  | 05 27 2009 06:16:22 +0000
Industry : LawFunctional Area : Growth(Strategy & Execution)
Activity:  1465 views;  last activity : 07 06 2010 20:18:09 +0000

With the Cyber Crime increasing day-by-day,do you think that Indian Judiciary is taking the required measures to prevent and curb these acts.

 
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Yes Vs No
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Top Argument
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Yes I think that Govt is coming up with strict laws against cyber crime... the way these crimes are increasing, it is really high time for harsh measures.But there is a need for more such strict measures so that all the hacking and terrorist activities done on cyber space can be prevented.


By Aarti Gupta, Legal Consultant  05 27 2009 06:22:09 +0000
 
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India is poorly lacking in not just cyber laws, but also patent protection, pharma products, shoddy packaging and shadow marketing done riding   piggy back by small firms on International or MNC products.  India still does get software business outsourced to it more due to IT firms signing up NDA clauses and strictly abiding by them in most cases.

The BPO firms and call center firms have lost the British businesses as most clients in UK have been annoyed by their personal data being compromised, or credit cards being misused.

A good law becomes a law under the following circumstances

1. Define the offense or the crime, the seriousness and the context of it.

2. Define the punitive measures

3. Address issues firmly within few weeks or within a couple of months.

4. Assign good infrastructure, personnel, training, records and databases, people, technology etc.

5. Laws need to be framed by technocrats who know, understand the contexts under which the misdemeanour has occured, obviously that leaves out the luddite street-walkers paan   spewing lowly paid locals or regional language champions.

 

Unfortunately, India remains to be a silly basket case with a cut-and-paste document set laid out in early fifties still sitting out as a judicial dispensing agency, the penalty amounts still languish at levels not in sync with inflation or the laid back value of our national currency, and if the Tatas have not been able to do anything much of a squatter sitting on their domain name, pharma and FMCG companies cry of around 2500 crores being list in just a couple of states due to firms duplicating their tangible labelled and sealed products, fail to see much happening out here.


The movie businesses are not    protected on their produce despite being taxed 40-70 percent as Entertainment tax. The result has been the Mafias have come in to do their bit, but in exchange for overseas distribution rights, and / or mechanisms to invest their ill-gotten gains into the industry to change the color of their currency from black to white, but doing their bit for the industry by arranging lucrative live shows in Dubai / Malaysia.

If u think any of these guys sitting out there in the legislature containing people and supportees who could hardly differentiate between a TV remote and a mobile hand-set to frame cyber laws, do let me know. Till then, whatever that comes out is as useful as collecting green-points from the other end of a buffalo, and expecting it to solve your problems -

 


By Alexander Lewis, Marketing Manager, self  05 27 2009 16:12:14 +0000
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Indian IT regulations have undergone significant changes. From cyber security to internet censorship, from hacking to cyber forensics, the challenges are diverse and immense. 

The Indian judiciary has reviewed the law(s) with a careful, rational and wise approach but technical, commercial and other aspects seem to hurdle the process of revising the existing regulations. India is quite techno-savvy, has the right resources and means (to a greater extent) to handle security standards but the laws and enforcement procedures certainly need a change.

 


By Sunil Thacker, Owner, Sunil Thacker  | 06 10 2010 19:52:12 +0000
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Keeping increasing cyber crime in mind Strict rules to be made to deal with the cyber crime.  I think government has already started processing this.I will also like to say that people should be get aware of this and the seriousness of the cybe crime.


By Krishna Bhardwaj, Lyrics Writer, Freelancer  | 05 19 2010 18:00:29 +0000
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I am a Civil Engineer with LLB and has quite good interst in such topics. I feel that the people need to be taught about the relief the can get from the cybre crimes the provisions in the cyber crime laws and procedure to approach for the relief. Punishmenet should also be indiacated to all the viewers.
By R N Bansal, Freelancer, Freelancer  | 09 17 2009 10:43:02 +0000
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I am a Civil Engineer with LLB and has quite good interst in such topics. I feel that the people need to be taught about the relief the can get from the cybre crimes the provisions in the cyber crime laws and procedure to approach for the relief. Punishmenet should also be indiacated to all the viewers.Yes we need more stringet cyber laws
By R N Bansal, Freelancer, Freelancer  | 09 17 2009 10:40:43 +0000
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yes because the Information Technology Act, 2000 has given clear guidelines and detail framework to deal with cyber crimes but judiciary does not find it sustainable as it does not pave the way for good implementation.
By Naveen Kumar, Senior Research Associate, Viplav Communications Pvt. Ltd.  | 09 17 2009 07:07:35 +0000
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Indian laws itself well equiped to face the threath of devloping technologyi.e. cyber and its related crimesHere we find the Lawyer as well as the Judicial Officer are not expert in such a developing field/techically well equiped. It means we should know the tecniacal aspect of such crimes ,then we could handled it in a better way.

Suhail A.Siddiqui,Advocate 


By advocate suhail a.Siddiqui, Lawyer/Attorney, SAB LAWS COMAPNY  | 09 16 2009 14:40:56 +0000
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i think gove should take inciative to give awareness to the poeple, i myself join with an institute who give the training for student who are interest in this course,and most of time i come accorse the question from student why punishent are so less,i personally feel the punishment should be more deterient and hurder that before doing some thing people have the fear for punishment
By Tapati Goswami, legal advisor, singhania & co llp  | 09 16 2009 06:32:20 +0000
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yes judiciary is fully aware but public is not aware about cyber crime nd cyber laws
By diksha , lecturer, SBN law college  | 09 15 2009 05:16:48 +0000
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The judiciary is aware of it. Hence frequent recommndations keep coming and we are a safe country.


By sujit Kumar, Marketing Manager, Wipro Peripherals  | 06 12 2009 09:29:12 +0000
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Yes we are fully equipped. Parliament /legislarues have passed sufficient laws with high punishments. the judiciary is fully aware of it. Lawyers and Counsels well equipped. It is the police machinery and general public i.e victims of cyber crimes which are notcomming forwardwith the required speed.


By gyanendra kumar khare, Legal Consultant, independant lawyer  | 06 04 2009 21:59:33 +0000
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With the number of cyber crimes gaining prominence each day , like hacking resulting in the disclosure of valuable information ,the cyber cell has become more vigilant . Apart from that ,threat to our network system has also emphasised the need of more effective laws to be put in place ,to prevent the occurence of cyber crimes.


By Dayanand Deshpande, Senior Consultant, Ernst & Young  | 05 27 2009 06:24:02 +0000
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I don't know if any of the people who have said Yes have read the Information Technology Act, 2000., and the amendments.It is a very very scary law - so the law does not need to be any more stringent.Possibly the way it is interpreted and implemented could be different.


By Pradeep Thomas Abraham, Managing Director, Paytronic Network pvt Ltd  | 01 14 2010 03:35:10 +0000
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Well talking abt cyber laws,India surely does lag behind many countries in terms of Cyber Law enforcement and Regulation. This reflects our standard of education our way of thinking and our approach towards change. Leave alone cyber crime tribunals--- Emerging Trends like IPR are not known by many, even ppl who are involved in the field of LAW. And talking about the Police---its absolutely hopeless--- bcoz majority are ill educated leave alone abt them being techno savvy or even being involved in such enforcement---wat abt the no smoking in public policy---where does it stand now??? not only laws or enforcement irregularly in our country sometimes they are not enforced at all---wat we need is strict laws and punishments for such cyber crimes--for example china---and some commitment from each one of us. As of now enforcement of such laws in our country seems like a distant mirage...
By jadabendra dutta baruah, LLB student, ICFAI  | 09 17 2009 17:22:03 +0000
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Indian Judiciary is not taken any strict action on any Computer Hackers till 2009 any Hackers are by passing security mechanism day by day very poor administration


By NITESH MADHUKAR CHOUDHARI, LLB student, RTMNUS Dr Babasaheb Ambedkar College Of Law, Main Branch, Nagpur  | 07 28 2009 05:45:35 +0000
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Mr.Alexander let me make you aware of the fact that the question which is asked here is about the need to have stringent cyber laws in our country but it seems that you want to talk about any other issue except this one.This is not the platform where you were asked to point out and enlarge the flaws of India as a country and if you want to go that way then do it somewhere else.....Hope you have understood my point.


By Dayanand Deshpande, Senior Consultant, Ernst & Young  | 06 03 2009 06:17:01 +0000
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I do opine that the cyber law is basically the requirement of corporate world. Now the corporate world has been globalised. In order to make an effective and stringent cyber law, a global initiative is pre-requisite.


By Santosh Dwivedi, Media N' Marketing  | 05 30 2009 15:51:26 +0000
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I completely agree with Mr.Makrand.They are far behind time. India is the only country which wakes up late only after the occurance of a crime. Rest of the world, first frames the rules and regulations, puts in place what punishment shall be given in case of violation of rule of law and also puts in place the right infrastructure, manpower and technology to handle such cases in an efficient and professional way.But in case of India no such thing is done and we can the consequences that we have to face.


By Yash Singh, Coresspondent, Star  | 05 27 2009 06:27:44 +0000
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I dont think so!

We have yet to have a specialised cyber cell located at all major areas or towns or metros or developing metros! Our people are definitely not trained to the responsibility at all. I have not seen the first steps taken as even today our film stars file complaints of their photographs being morphed and circulated with their faces on different bodies!!

we have a long way to go before we reach the stage of a proactive cyber crime detection cell!

Good topic Sir!


By Makrand Bhave, AGM - Corporate Business, E18, part of Network 18 Group  | 05 27 2009 06:20:19 +0000
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