Quite often, I am asked by Lawyers, Law Students and
Professionals about the immediate scope for Cyber Law Study. They often ask "How
Many cases have been so far filed under ITA-2000 in India so far?, or "How many
Cyber Crime Cases have been registered by the Police?".
No doubt these are the parameters under which one normally
assesses the business potential surrounding a new branch of study.
But while thinking of such questions, I am reminded of the
classic Management story about two marketing research guys who were sent to a
remote country in Africa to study the potential for "Shoes" in that country. The
story goes to say that one came back and reported that "No Body in this Country
wears shoes. There is no potential here" while the other came back to say "No
Body in this country wears shoes. There is a tremendous demand here".
This example is very apt to describe the potential for
Cyber Law study in India (Or elsewhere). There is a low awareness of Cyber Law
in the country and therefore it is a great opportunity to become a leading
professional in the area with a few years of dedication.
Recently an US Attorney in Pittsburg said "We have seen
in law enforcement that computers are used in almost every criminal activity we
encounter"
"From fraud to child porn, computers are part of all types of
crime prosecuted in Allegheny County", said Mike Manko, spokesman for Allegheny
County District Attorney Stephen A. Zappala Jr.
"By the end of 2005, we expect half of our indictments to
involve computers in some aspect," he said, noting that the county
prosecutes about 20,000 cases a year.
The above view sums up the impact of Cyber Laws in the day to
day activity of a lawyer. If 50 % of all cases in US involve computers by 2005,
we may expect a similar trend in India too.
We need to appreciate that Cyber Laws become operative not
only when a "Hacking" type of crime takes place, but also whenever a normal
crime such as a "Fraud" takes place with the use of Computers/Internet or
default occurs in a contract involving e-mails.
Whenever a Computer or a Digital Device is used, it generates
"Electronic Documents". If these are to be produced as evidence, then Cyber Laws
are in play.
As of today, it is impossible to conceive any Company that is
not using Computers for its Personnel Management, Communication and some aspects
of business. In a state like Karnataka where all land records have been
computerized, there cannot be any land dispute which does not involve an
Electronic Document. If any issue involves electronic document, then we
are talking of applying Information Technology Act (ITA-2000) and the
amendments made to Indian Evidence Act by ITA-2000 or in other words, the Cyber
Laws.
Even in the case of a "Telephonic Conversation" recorded as
evidence, it may be possible to apply ITA-2000 if the conversation is in digital
form. When the Convergence Act is passed, several offenses such as harassment,
threat etc over digital conversation may become subject matter of litigation and
these are Cyber Law related Cases.
In view of this, it is impossible for any Legal Professional
to remain competitive unless he becomes "Cyber Law Proficient". Even survival
becomes impossible if he is not "Cyber Law Literate". The choice therefore for
lawyers in India is either start learning about Cyber Law today or start
planning for voluntary retirement.
In order to prepare the future lawyers of India to deal in
Cyber Law related cases, the faculty of all Law Colleges need to develop
expertise in Cyber Laws. Probably some have taken steps in this direction
but many more are still indecisive. If they continue to postpone their Cyber Law
study, they may soon get relegated to the background in the academy.
Look at the professionals in the industry, can you expect any
Bank Manager to be considered acceptable in the industry if he does not know the
basics of Negotiable Instruments Act?.. Then how can there be managers in
Internet Banks who are not proficient in Cyber Laws?.
Likewise, Stock Brokers and Insurance professionals who are
extensively dealing with E-Commerce are exposing themselves to several legal
risks if they remain ignorant of Cyber Laws.
Yet another segment of professionals who need to study Cyber
Laws are the software professionals and Network security professionals. They
interact with Cyber World every day and are exposed to all the Cyber
risks.
At the Corporate level also, any Company using Computers and
E-Commerce is neck deep in Cyber Risks. Unless there is a realization of
the risks and a concerted effort to meet them, they are putting their
shareholder's wealth at a grave risk.
On the other side of the fence, every Police officer, Judge
and senior Government official will be failing in their duty if they do not
equip themselves with Cyber Law knowledge.
It is therefore evident that Cyber Law Study is not simply
just another specialization, but is a critical area of knowledge for any
serious professional in the Computer era. It may not still be a Gold Rush in
India, but may soon be.
It is left to the individual choice of professionals whether
they are satisfied by being Cyber Law literate by regularly browsing through
websites such as naavi.org or take up formal courses in Cyber Law College.com
or elsewhere. But sooner they decide to study Cyber Laws, better it is for them.
Naavi
November 3 , 2002
Related Article:
Alliance to Combat Villains in Cyber Space
Widespread Ignorance in Industry about Cyber Laws
Need for cyberlaw skills the latest 'gold rush'
