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3/12/2019 The Financial Express > EFE > E-commerce: Robust Regulatory Framework Needed Financial Express Net Edition SEARCH FE FE ARCHIVE Search by Date GROUP SITES Expressindia The Indian Express Screen City Newslines Kashmir Live Express Cricket Latest News Loksatta Lokprabha Express Computer North American Edition [Print] The Financial Express The Indian Express SUBSCRIPTIONS Free Newsletter Wireless Express SYNDICATIONS RSS Feeds RSS Top Monday, June 07, 2004 Home | Front Page | Efe | States | Edits & Columns | The Monday Page | Commodity Watch | Economy | Markets | Letters To The Editor | Corporate | News DATELINE THE MONDAY PAGE E-commerce: Robust Regulatory Framework Needed ANKUR GUPTA Send E-mail Print In 2000-01, CII had projected e-commerce volumes in India at $10.6 billion by 2003. Projections made in a NASSCOM-BCG Study ($41.4 bn) were even more optimistic. These targets have not been achieved, partly because the laws needed for stimulating e-commerce in India are either non-existent or weak. The IT Act 2000 was designed to give legal recognition to “electronic records” and “digital signatures”, both essential for e-commerce. But only 20,000 digital signatures were issued by the four certifying authorities in the last couple of years. The Act also provides for a set of adjudicatory mechanisms to handle cyber crime disputes. However, when it comes to regulating e-commerce, the Act is silent. Hence, more laws are needed to strengthen the regulatory framework to give stimulate growth of e-commerce. Take the example of credit card frauds. When it comes to nabbing perpetrators of credit card frauds, the IT Act, 2000 becomes ineffectual, as credit card payments are a matter of contractual law between concerned parties. All credit card crimes will have to be covered by a different laws. Furthermore, the dispute resolution mechanisms, envisaged in the IT Act are ineffective. It contemplates a two-tier mechanism for dispute resolution. At the lower level is the adjudicating file:///C:/Users/ankur/Downloads/robust%20regulatory.htm 1/4 3/12/2019 The Financial Express > EFE > E-commerce: Robust Regulatory Framework Needed officer, empowered to adjudicate whether any contravention of the provisions of the IT Act, rules or regulations have been committed. The lack of expertise in cyber-forensics in the country is a matter of concern. Anecdotal evidence suggests that the police, judges and adjudicating officers all refuse to accept cases related to cyber crime as they find them difficult to handle. According to the information given by the Department Of IT to Parliament, the number of cyber crime cases handled by the CBI so far has not crossed 20, with only one reaching the level of prosecution. At the next level is the Cyber Regulations Appellate Tribunal (CRAT), which is empowered, inter alia, to hear all appeals proferred against the order of the adjudication officer. The government has not even appointed an officer to head the tribunal. Another area of concern is the composition of the CRAT, which consists of only one member known as the presiding officer, with the IT Act not prescribing requirement of any IT knowledge for the presiding officer. However, it is imperative that the tribunal should have in-depth technical knowledge of issues revolving around digital signatures, cryptography, internet etc. It would, therefore, be ideal if the CRAT comprised of at least one judicial and one technical member to effectively hear and resolve disputes before it. Deterrence is created by imposing stringent penalties, which may be in the form of fines or punitive prison sentences and the IT Act, 200 provided for stringent penalties. For example, Section 43 provides for penalty of upto Rs one crore against any person who causes damage to any computer, computer network etc by introducing a virus, unauthorised access, disrupting a computer, blocking access to other authorised users, etc. However, the Act lacks clarity on vital issues of collation and examination of evidence on cyber space, creating hurdles for the adjudicating officer. Another serious hurdle to the growth of e-commerce in India is the lack of data protection. The IT Act is totally silent on it. Data transfers by use of credit cards, smart cards and cellular technology cannot be read into the provisions of the IT Act, even if they are given wide interpretation. A separate legislation is needed to cover the flow of data via numerous electronic media, which should protect against misuse, such as identity theft, hacking, bulk emailing, etc. Sensitive information, affecting public file:///C:/Users/ankur/Downloads/robust%20regulatory.htm 2/4 3/12/2019 The Financial Express > EFE > E-commerce: Robust Regulatory Framework Needed interest should also be afforded protection and adequate attention paid to privacy and jurisdiction. There is still a long way to go before the Indian legal system integrates and accepts the internet fully. Although the IT Act, 2000 is a first step, a variety of key issues, such as intellectual property rights, extent of liability etc, need to be addressed. The author is a student, National Law Institute University, Bhopal Send E-mail Print GOOGLE Your comment[s] on this article Be the first to comment on this story. 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