America Public University It Act 2000 & Electronic Cybercrime in India Paper

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User Generated

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tbnyvazvaq

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Law

School

America public university

Description

topic: IT ACT 2000

This project provides you with the opportunity to increase and demonstrate your understanding of cyberlaw theory and practice. You will need to choose a law(s) that you are interested in researching. The paper must be 6 pages in length detailing the below questions. Before completing the below steps, please make sure that the topic is approved.

Thesis

What law are you researching (You are to choose a specific law. Please do not choose a topic)? What position do you want to take in regard to your chosen law? You will need to decide if you agree or disagree with the current way the law is written. You can choose to like certain aspects of the law and not others.

Background

What is the existing point you want to challenge or support, and how did the law get to be that way (This is where you would need to find cases, background information, etc.)?

Inadequacies

What are the deficiencies in the present way of doing things, or what are the weaknesses in the argument you are attacking?

Adequacies

Discuss the positive aspects of the law?

Proposed Changes

How will we have a better situation, mode of understanding or clarity with what you are advocating? In short, how can the law be improved (or not diminished)? (This is where you have the chance to change the law with your own ideas of how it should be written).

Conclusion

Why should and how can your proposal be adopted?

A detailed implementation plan is NOT expected, but you should provide enough specifics for practical follow-up. In making recommendations, you are expected to draw on theories, concepts and reading.

The Term Paper is due at the end of Week 8. In addition to the 6 pages of the paper itself, you must include a title page and a reference page. You are to follow APA Guidelines for citing and referencing sources. Your paper must be in your own words, representing original work. Paraphrases of others' work must include attributions to the authors. Limit quotations to an average of no more than 3-5 lines, and use quotations sparingly. It is always better to write the information in your own words than to directly quote.

When writing the term paper you must have a minimum of 5 outside sources cited and referenced.

Term Paper Rubric (100 Points)
Synthesis of Concepts	60
Fulfilled Assignment Requirements	25
Writing Standards - APA Format	15
Timeliness - The term paper will not be accepted after the last day of class

Supporting Materials

Sample APA Formatted Paper.pdf (784 KB)

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Outline Outline Ashley Williams American Public University 1 Outline IT Act, 2000 Research will be carried out on the IT Act of 2000. It is the law which deals with electronic commerce and cybercrime in India. The law was notified in 17th October 2000 with the objectives of facilitating and delivering lawful electronic, online and digital transactions as well as mitigates cyber-crime which has been on the rise. The Act has numerous features such as elaboration of the penalties, breaches and offences related to IT, an outlined of the justice dispensation for cybercrimes as well as replacement of the digital signature with the electronic signature (NARANG, M. M.2000). I tend to agree with most elements of these Act like the legal recognition of electronic signatures, electronic filing of documents with different government agencies as well as legal recognition of the electronic books of accounts kept by bankers. However, I disagree with the changes being made of section 66A on offensive messages which seem to be controversial (Blythe, S. E.2006). In this paper we will therefore look at the IT Act of 2000, reasons for having the act, the adequacies, inadequacies as well as some of the proposed changes to this act. The United Nations Commissions on Trade Laws adopted the electronic commerce trade laws in 1996 so as to ensure uniformity in the law that governs E-commerce in different nations. The general assembly further directed that all nations should consider the model laws before making any adjustments on their laws. India was to 12th country to adopt the cyber law after it was passed in the year 2000. The acts provides for the recognition of any data used electronic commerce. The law applies in the whole of India as well as to any person outside India who commits the offences specified in the act. 2 Outline The act has its adequacies as well as the inadequacies. From the Indian e-commerce perspective, the act provides numerous positive aspects. Some of them are legal validity of digital signatures and emails being considered as valid forms of communication making communication easier (Worthy, B. (2010). Notifications can also be given by the government through and issues of security which are crucial in electronic communication have also been addressed. The inadequacies I find most profound in this cat is the restriction of free speech among individuals found under section 66A. We will generally look at the IT Act and what the act has managed to addressed and some of the challenges associated with this act in the world of e-commerce associated with rapid advancements in technology. 3 Outline References Blythe, S. E. (2006). Critiques of Indian Information Technology Acts and Recommendation for Improvements. Syracuse J. Int'l L. & Com., 34, 1. Kamath, N. (Ed.). (2000). Laws relating to internet, computers, and e-commerce: guide to cyber laws and Information Technology Act, 2000. Universal Laws Pub. Co.. Rao, S. (2001). Information Technology Acts: Consumers Perspective. Economics and Political Weekly, 3501-3503. SAINI, M. A., & NARANG, M. M. (2000). INFORMATION TECHNOLOGY ACT OF 2000. Worthy, B. (2010). More open but not more trusted? The effects of Freedom of Information Acts 2000 on the United Kingdoms central governments. Governance, 23(4), 561-582. 4
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Explanation & Answer

Attached.

Running Head: IT ACT 2000

1

IT ACT 2000
Student Name
Institution Affiliation

IT ACT 2000

2

IT ACT 2000
Introduction/Thesis
The IT ACT 2000 is designated to provide the framework for governing electronic
cybercrime in India. Given the recent development of technology, the framework of international
electronic interconnections between people provides loopholes for cybercrime from an
individual’s perspective. Similarly, from an organizational perspective, the IT ACT 2000
facilitates the practice of legal digital, online, as well as electronic transactions, and how these
can be promoted in India (Vyas, 2017). This ACT then affords the relevant legal framework
where offenses such as soft-copy document tampering, hacking, and identity theft, among many
others, get regulated in India.
This paper assumes the position that the IT ACT 2000 has been quite adequate in
promoting the legal framework behind IT-related crime in India. Such is so since the IT ACT
2000 has managed to heighten the degree of information and system security measures pointed to
curtail the prevalence of cybercrime in India. Thesis: This paper then looks to research on the
strengths and adequacies of the IT ACT 2000 in curtailing the prevalence of cybercrime in India,
the various challenges and inadequacies of the IT ACT 2000 as a critical framework for
governing the legal and social aspects of cybercrime in the Indian society.
Inadequacies
The India IT ACT 2000 does not cover the concept of intellectual properties
comprehensively. It again fails to make solid provisions regarding trademarking, copyrighting

IT ACT 2000

3

data, and information parenting. Such then leaves questionable gaps in how this Act facilitates
or defines these elements in regards to the Indian law.
Another inadequacy of the India IT ACT 2000 is that it lacks a comprehensive structure
of regulations of the rampantly employed online transactions. It, therefore, separates many of the
instruments or negotiation from applying to the India IT ACT 2000. Leaving the facet of online
transactions uncovered, the India IT ACT 2000 fails to cover all the loopholes that may be used
to facilitate fraud. Therefore, the inclusion of online transactions on the worktable of the India IT
ACT 2000 would serve as a credible recommendation to enhancing the functionality of the India
IT ACT 2000 in regulating and facilitating the integrity of online transactions. Such would aid in
reducing the occurrence of fraud (Abhilash, 2002).
Another inadequacy of India IT ACT 2000 is the failure to cover an international scope.
Since the internet is worldwide, it, therefore, holds the influence of an assortment of information
from multiple countries. The vastness of this comprehensive information on the internet,
therefore, acts as the element of inadequacy since the India IT ACT 2000, and all its designated
impact does not influence the internet operations in entirety. Therefore, the jurisdiction of the
India IT ACT 2000 remains limited to India alone, and therefore, may be limited to cover the
adverse influence emanating from outside of India.
The India IT ACT 2000 has also been identified to fail regarding the aspect of the
punishment, sanctions, or other forms of penalty to perpetrators who are identified to manipulate
their reach in the cyberspace to facilitate their desires. Given that the IT ACT 2000 is built to
provide a legal framework for judging cybercriminals, failure to have succinct deliverables
regarding how punishment is to be delivered for the people caught disregarding the laws

IT ACT 2000

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stipulated under then furnishes this ACT as inadequate to streamline the legal aspect associated
with the ACT.
Adequacies
IT ACT 2000 has proven adequate to provide the necessary protection of business
transactions from unwanted influence from unwarranted parties. Given the current rise of Ecommerce in the world, India, as among the most highly developing country; has had its fair
share of the development of E-commerce. To facilitate the structure of this emerged trend, there
is the need to transact information and wealth from one party to another. Such creates a wide
opening for cybercriminals to creep upon customers' personal information, money, as well as
their identities. The E-commerce industry, therefore, depends on electronic transactions to
transact and, by so doing, expose a lot of sensitive information to hackers who use this
information to serve their interests.
The IT ACT 2000 of India is also adequate in the sense that it provides the E-commerce
practiced in Indian some form of platform to relate their identity. Such has facilitated the
affordance of legal validity to individual a...