Friday, September 21, 2007

Plugging Loopholes: Indain IT Act 2006 may be reviewed

A long over-due step* keeping pace with changing times.

Dr D.C.Misra
September 21, 2007

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*Plugging Loopholes: IT Act 2006 may be reviewed

Niranjan Bharati NEW DELHI


CONCERNED over the loopholes indicated by the parliamentary panel in the draft Information Technology (IT) Act 2006, the government is planning to review the whole Act in consultation with the stakeholders. “We are in the process of reviewing the Act and have asked the stakeholders, including the industry and the user groups, to give their feedback on the proposed changes,” a senior official in the department of information technology (DIT) said.

DIT would put the draft Act for public comment once the review process is over, the official said, adding that the department hopes to complete the review by the end of the year. Earlier this month, the parliamentary panel, constituted to look into the proposed changes in the IT Act 2000 (which is in the form of Draft IT Act 2006), had pulled up the DIT for flaws in the proposed amendments.

The panel has mainly indicated flaws in the areas of cyber terrorism and child pornography. “In view of the several manifestations of sexual abuse of children and its loathsome ramifications, the committee desires that the act of grooming the child for sexual relationship through online enticement or distributing/showing pornography or through any online means should also be made a criminal offence,” the panel had said in its report submitted to the parliament.

The report said that the term “cyber terrorism” has not been defined clearly in the proposed Act. It had also said that the present law has a very complex language and the government should form a new law instead of just making changes in the existing laws in the context of the fast changing technology.

“The law pertaining to IT should be self-containing and easily comprehensible to the global village community. Despite the experience gained in about seven years in the administration of the IT law, no effort has been made to bring a new and exclusive legislation,” the standing committee on information technology had said in its report.

(Source: Bharati, Niranjan (2007): Plugging Loopholes: IT Act 2006 may be reviewed, The Economics Times, New Delhi, September 21, Friday, p-6, http://epaper.timesofindia.com/daily/skins/ET/navigator.asp?login=drdcmisra,
accessed: September 21, 2007)

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