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F O U R T E E N
I
ndia is on the threshold of acquiring its first
set of truly Internet-enabled cyber laws. The IT Act, which encompasses these
new rules and procedures has already done its rounds of Parliament and is set for
implementation. Cyber laws will in fact be implemented during September, 2000.
The Draft Rules have been announced on the Web, marking a departure from the
old regime where the populace wasn’t quite consulted on what regulations to bring
in. Today, India’s people are being taken into confidence and consulted on what
kind of a cyber law environment they prefer. The Minister of Information Tech-
nology, Mr. Pramod Mahajan needs to be complimented on this rather bold and
innovative move.
There are however a few issues we have to consider before the laws can be
implemented. The IT Act cannot come into force until a “controller” is appointed
by the government to look into matters. Most Indians will agree today that
“
controller” is an unfortunate word. The danger and fear is that placing unfettered
power in the hands of a controller will only lead to disaster. After all, what is it
our gurus say about “absolute power corrupting absolutely!”
A simple, perfectly sane person can become a “cyber danda holder” once the mantle
of “Controller” falls on him. The government has to consider creating a less ominous
and more user friendly title, where the cyber controller is actually a “facilitator.”
The Indian government also has to exercise caution in appointing a certifying
authority for issues like digital signatures. The fact is, Monopolies are bad, an absolute
“
no-no,” which is why no single agency should be saddled with this onerous task.
What is needed is participation from both the private and public sectors in this
domain. While private entrepreneurs should lead the way, cyber-savvy banks and
conglomerates led by HDFC and ICICI could be the answer. It is also a good idea
to involve the post offices across the country. Most of India’s rural and small town
population still reposes immense trust in the institution which is unfortunately
dying a natural death.
Business India September 4-17, 2000
Cyber Danda Vs. Cyber Dhanda
