| . | August 15, 2000 is not only the first independence day of the new millennium for all Indians, but it marks the entry of India into the Digital Contract world. The Government has declared the day as the day from which the ITA-2000 would become effective. While the move to fix a date of effectiveness for the Cyber Laws in India is a welcome step, one cannot understand how the Government is planning to implement the laws. First of all the Controller is yet to be appointed. An announcement in this respect is expected some time today. However unless he sets up his office which includes an ability to issue Digital Certificates to other Certifying authorities and maintain an online repository of public keys (and also the revocation list), no individual in India can get a valid digital certificate. Secondly, the rules under the ITA-2000 is yet to be announced. Without the rules the companies which are intending to become certifying agencies cannot make an application to the controller. Thirdly, the Cyber Regulations Advisory Committee which was designated to be the policy guide to the Government is yet to be formed. The net result is that it would still take some time for the Cyebr Laws in India to be practically in place to enable the digital contracts to be stuck. What can become effective immediately is that any crime which comes under the definition of the Cyber crimes as per the Act may become cognizable from today. It is clear that the delays are due to the political interests having taken over the decision making processing in the area of Cyber Laws. For those who know the Indian system, this is not a surprise. The key to progress as we understand is how do we progress "inspite of the politicians" and not "because of the politicians". Let's hope that amidst the political needs of favouring different people
with different postings to be opened up by the ITA-2000, somebody will
be good enough to remember that the basic purpose of the law is to usher
in a "Regulated Cyber Society" which can contribute to the growth of E-Business
in the country.
August 15,2000 |
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