Union Cabinet clears IT Bill

BANGALORE: The Union Cabinet has approved the introduction of Information Technology Bill, 1999, targeted at facilitating electronic communication, trade and commerce, and prevention of cyber crimes, during the winter session of Parliament.

The IT Bill 1999 provides for a legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records. The Bill would lead to the enactment of cyber laws to regulate the rapidly expanding Internet-related activities, including e-commerce transactions, e-communication and prevent computer crime.

In view of the increasing use of Internet, the establishment of a legal regime has been worked out by the Government, based on a series of recommendations made by the IT Task Force. To facilitate proper implementation of the various measures, the Bill proposes setting up comprehensive machinery. This includes the appointment of certification authorities that would foresee issues such as licensing, certifying and monitoring, while a separate controller would be responsible to oversee the activities and regulation of these certifying authorities.

A Cyber Regulations Appellate Tribunal and adjudicating officers, on the lines of the framework existing under the Securities and Exchange Board of India Act, 1992, that would hear appeals and award penalties for contravention of the regulations, have been proposed to be established by the Bill.

In the regulatory framework, the Bill will empower the Union Government or any officer authorized in this regard, to disrupt any message transmitted in the electronic or encrypted form in the interest of state, friendly relations with foreign states or public order for preventing incitement.

The Bill has proposed a legal framework for authentication and origin of electronic record/communication through digital signature. This would ensure easier exchange in trade and commerce and eliminate barriers resulting from uncertainties over writing and signature requirements and promote the development of legal and business infrastructure necessary to implement e-commerce.