Information Technology Act, 2000 | |
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Parliament of India | |
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Citation | Act No 21 of 2000 |
Enacted by | Parliament of India |
Enacted | 9 June 2000 |
Assented to | 9 June 2000 |
Commenced | 17 October 2000 |
The Information Technology Act 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on October 17, 2000. This act is being opposed by Save Your Voice campaign and other civil society organizations in India. User-review and consumer social networking site MouthShut.com has filed a writ petition in the Supreme Court of India to repeal and nullify parts of IT Act 2000.
The United Nations General Assembly by resolution A/RES/51/162, dated the 30 January 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law. This is referred to as the UNCITRAL Model Law on E-Commerce. Following the UN Resolution India passed the Information Technology Act 2000 in May 2000, which came into force on October 17, 2000. The Information Technology Act 2000 has been substantially amended through the Information Technology (Amendment) Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and came into force on October 27, 2009. The amended Act has provided additional focus on information security. It has added several new sections on offences including cyber terrorism and data protection. A set of Rules related to sensitive personal information and reasonable security practices (mentioned in section 43A of the ITAA, 2008) was notified in April 2011 [1]
Information technology Act 2000 consisted of 94 sections segregated into 13 chapters. Four schedules form part of the Act. In the 2008 version of the Act, there are 124 sections (excluding 5 sections that have been omitted from the earlier version) and 14 chapters. Schedule I and II have been replaced. Schedules III and IV are deleted.
Information Technology Act 2000 addressed the following issues:
The 2008 Amendment Act was passed in an eventful Parliamentary session on 23rd of December 2008 with no discussion in the House. Some of the cyber law observers have criticized the amendments on the ground of lack of legal and procedural safeguards to prevent violation of civil liberties of Indians.[citation needed] There have also been appreciation about the amendments from many observers because it addresses the issue of Cyber Security.
Section 69 empowers the Central Government/State Government/ its authorized agency to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource if it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence. They can also secure assistance from computer personnel in decrypting data (see mandatory decryption), under penalty of imprisonment.[2]
Section 66A is widely criticized.[3] It has led to numerous abuses reported by the press.[4] Section 66A has also been criticised and challenged in Lucknow and Madras High Courts for its constitutional validity.[5][6] Based on Section 66A, Bombay High Court has held that creating a website and storing false information on it can entail cyber crime.[7]