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Techno-Legal Compliance In India: An Essential Requirement

Date: July 19, 2006
Source: Computer Crime Research Center
By: Praveen Dalal

... utmost importance and it should be a primary concern of the government. India is on the verge of extending its e-governance base to all the parts of India. This will also result in a broadband connectivity all over India. The moment computers are connected with Internet, the problem regarding malware will arise. We need techno-legal experts to deal with that situation. It would be better if we take an initiative right now as the branch of Cyber Forensics and ICT Security needs time to mature in India. In India we are suffering from serious lapse on the part of a sound ICT infrastructure and strategy. The technicians’ may think that they are the best knowledgeable person regarding computers and its peripherals. Similarly, the lawyers may be under a misconception that they possess the key to legal knowledge. I am afraid none is true and if we think so we are confining ourselves only to limited knowledge capacity. Here lies the importance of a techno-legal solution. A person reasonably familiar with both the technical aspects and the legal aspect can be a big asset to the nation.

VI. Conclusion

The growing penetration of Internet in the day to day affairs of Indian society has both positive and negative effects. The positive side of this is the advent of e-governance and e-commerce in India. The use of e-governance will provide a transparent, accountable and hassle free citizen and Government interaction. If this drive of e-governance is supplemented by suitable policies than we can also achieve the next revolution of “Integrated Governance” (i-governance) as Singapore has done. Similarly, e-commerce is also facilitated with the use of ICT. The e-commerce is a well known phenomenon of the global trade that is gaining momentum in India. However, neither e-governance nor e-commerce can be a success in India till we pay also secure these infrastructure. Any ICT infrastructure is in\effective till we are capable of securing and protecting it. It must be appreciated that the ICT infrastructure of a nation can exist only to the extent it can be protected from internal and external online attacks. This “need” becomes a “compulsion” due to the provisions of IT Act, 2000 that fixes both civil and criminal liability for failure to act diligently. Both the citizens and companies are required to establish a sound and secure ICT infrastructure to escape the accusation of lack of “due diligence”.

This is more so regarding NSPs, Companies and other players engaged in the regular and constant use of ICT for their business activities. The law has conferred and assigned a special status to the companies, which is not available to other forms of associations. It expects the companies to contribute for the growth and development of the nation. The companies are expected to perform their “Social responsibilities” so that people can enjoy a qualitative life. The role of the companies is so important that we can see provisions touching and regulating their functioning in almost all the spheres of life. This is particularly so in a country like India which is a “Welfare State” by nature. The State formulates various laws and regulations keeping in mind its welfare state role. Thus, a balance has been maintained between social responsibilities of the company on the one hand and conferment of absolute autonomy and freedom from interference upon the company on the other. In the present scenario companies play a very important role in the growth and development of the nation. Thus, they should be encouraged and motivated to contribute more. This can be achieved by providing them additional benefits, concessions and privileges. Their functioning and operations should not be made complicated by forcing them to comply with unnecessary and technical formalities. In fact, the various technical and procedural formalities governing them should be made more liberal and simplified so that the “corporate governance” can become a real and effective governing force.



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2008-08-24 00:37:54 - I Agree. What would you do with hard disks... Manoj
2006-11-27 05:32:43 - ciao io sono amina volio asere tu amica ciao amina
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