Hackers beware! India to have cyber laws soon

Hackers beware! India to have cyber laws soon
SHARAD GUPTA

NEW DELHI, MAY 10: Indian cyber-buffs need not be inspired by the Filipino couple responsible for destruction of computer softfare worth over $ one billion world over by inducing "ILOVEYOU" virus, and got scot free due to lack of proper cyber laws in their native country. India is set to have its own set of cyber laws by the end of ongoing Parliament session on May 17.

The Standing Committee on Science and Technology studying the IT Bill, is expected to table its report in the Parliament on Friday. The Cabinet would clear it during the weekend as the Business Advisory Committee of Lok Sabha has scheduled it to be introduced on Monday. During the next three days, the Government hopes to get it passed before Wednesday next.

``With the country likely to have a high speed data network (Sankhya Vahini) shortly and increasing incidents of hacking of websites, we cannot afford to pass the IT Bill during the current session'', said a senior Union minister. Interestingly, Sankhya Vahini too would be debated in Lok Sabha on May 16, a day after the IT Bill is introduced there.

Only Singapore, Korea, Japan and European Union members besides of course Britain and United States of America have enacted cyber laws. The United Nations General Assembly was the first one to adopt Model Law on electronic commerce on January 20, 1997. India is expected to join the elite club within next one week.

The Bill proposes to bestow legal sanctity to digital signatures, a major requirement for e-commerce, by appointing a Controller to authenticate e-signatures and other electronic records.

The Government's attempts to hasten the bill was stoutly resisted by the the Standing Committee members from both Houses of Parliament who in view of sensitivity of the bill, wanted to discuss its draft "in detail" before submitting its report to the Parliament.

The Government had to seek Andhra Pradesh Chief Minister N Chandrababu Naidu's help in getting his party's Rajya Sabha MP, C Ramchandraiah, who heads the Standing Committee on Science and Technology, to expedite debate on the bill.

The Standing Committee has been meeting four-five times a week, devoting 10 hours during the past three days. It summoned the Delhi Police Commissioner, secretaries of IT, Home, Law, Banking and Economic Offence departments besides Attorney General Soli J Sorabjee, for expert advice. ``It is such a technical subject that we could not have figured out anything without experts' help'', said a BJP member of Parliament on the Committee.

The draft bill prescribes a sentence of two years and a penalty upto Rs two lakh for people tampering with somebody else's computer source code and for transmitting obscene information. But, it is quiet on offences like hacking websites, sending hatemails and inducing virus into the system or network. The Standing Committee apparently on experts' advice, has taken care of these aspects as well.

The Bill prescribes setting up a Cyber Regulation Apellate Tribunal to try cases of violation of IT Act instead of usual civil courts. High Court of course, can hear appeal against decisions of the tribunal within sixty days of the verdict.

The IT Bill, while comeing into effect, would need suitable amendments in section 29A, section 167, 172,173, 175, 192, 204, 463, 464, 466, 468, 469, 470, 471, 474, 476 and 477A of Indian Penal Code (IPC) 1860, some sections of Indian Evidence Act 1872, Bankers' Bokks Evidence Act and Reserve Bank of India Act 1934.