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IT Act being hotly debated

Karthik Subramanian

Classification of portals, ISPs and cyber cafes as `intermediaries' controversial The recommended changes have led to several dilemmas and questions. Experts feel that pressing cyber issues such as spam and spyware should have found a mention.

CHENNAI: The classification of "intermediaries" in cyber crimes and a reduction in sentence for the convicted, two changes proposed for the Information Technology Act, 2000 by the expert committee constituted by the Ministry of Communications and Information Technology, have been hotly debated over the past two weeks.

The Ministry had welcomed suggestions over the proposed amendments till Monday after publishing them on August 29.

Internet security experts and industry watchers see the amendments as a mixed bag.

Last week, at a meeting organised by the Computer Society of India (CSI), participants felt that the changes may have been suggested with an intention of attracting business. But they also agreed that too much of a control of the Internet could affect the free speech imperative to the medium.

The most debatable topic has been the classification of portals, Internet Service Providers (ISPs) and cyber cafes as "intermediaries" and redefining their liabilities for cyber crime committed through their network. Now, the intermediaries can be held responsible for a crime happening through their network if their "abetment" is proved. This change assumes significance in the context of the arrest of the CEO of baazee.com.

Role of police

N. Vijayashankar, cyber security expert, said the move to make it mandatory for investigating agencies to obtain a court order for arrest as well as seizure of evidence in cases related to data injury could weaken investigations. "Overall, the changes suggest a weakening of the role of the police."

He further argued that cyber crime cells set up in the metropolitan cities, especially Chennai and Mumbai, had become fairly competent in the last couple of years in handling cyber crimes. But under the proposed changes, the police will not have any power to even search for evidence without a warrant.

"It could severely slow down the enforcement agencies."

D. Swaminathan, secretary of Computer Society of India's Chennai chapter, said pressing cyber issues such as spamming, spreading spyware and cybersquatting, which have internationally accepted as serious issues, have not even found a mention.

Privacy protection clause

But it is not like the amendments do not have any positive side.

A privacy protection clause has been introduced, which in the wake of various spy-camera crimes sweeping the country, has been appreciated.

However, this clause requires refinement.

Some experts say that this draft of the I.T Act is likely to go into further refinement.

However, they feel that the 20 days notice given for people to study the amendments was not enough. CSI will appeal that the deadline be extended beyond Monday.

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