unit 1 Flashcards
int’l law that it act is based on
UNCITRAL Model Law on Electronic Commerce
S1(2)
extends to whole of india, read w/ S75 (computer resources located in India), extraterritorial jurisdiction
notification date
17.10.2000
S1(4)
Act N/A to 1st Schedule docs (negotiable instruments, power of attorneys, contracts for sale of immovable prop, trust, will
Dow Jones & Co Inc v Gutnick
allows defamation plaintiffs in Australia to sue for defamation on the internet against any defendant irrespective of their location
Khoury v. Tomlinson
An email satisfies all of the disjunctive definitions of an electronic record.
If a law requires a signature, an electronic signature satisfies the law.
Chwee Kin Keong and others v. Digilandmall.com
contracts could be effectively concluded over the Internet and that programmed computers sending out automated responses could bind the sender.
Risks through misuse of IT
- financial risks
- risk to info
- individual risk
- ipr violations
- risk to computers
- risk in online illegal activity
- risk to government
Limitations of traditional law for cyberspace
- jurisdictional
- definitional conventions n/a
- new crimes
- issues with gathering evidence
- anonymity
- difficulty monitoring
- question of evidentiary value of electronic information
- validity of online trnsctns
one of the first cyber laws enacted
Computer Misuse Act, 1990, GB
- unautorised access to computer material, or with intent to commit offences, or to impair the operations of a computer resource were all recognised as offences
e- governance definition
use of IT by government for improving relations with citizens, businesses, and empower citizens with access to information and promote efficient and transparent government management (G2C, G2B & G2G)
advantages of e-governance
- increased efficiency in PA
- increased quality of gov services
- effective outcomes in key areas like health, welfare, security, etc
- valuable reform tools for service delivery
- increased trust G2C
goals of e-governance in india
- better service delivery
- increased transparency
- empowerment of citizens with information
- increased efficiency within gov
- better interface G2B
provisions to equalise paper and electronic documents
e- records
e-signature
retention of e-records
audit of e-records
legal recognition of e-contracts
S4
e-records
