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CYBER LAWS


Cyber law Provides legal recognition to electronic documents and a framework to support e-filing and e-commerce transactions and also provides a legal framework to mitigate, check cyber crimes.


A Cyber Law Lawyer is a professional who handles a variety of legal matters related to Information Technology. The lawyer gets involved in drafting, negotiating, and interpreting agreements in the areas of software licensing and maintenance, IT consulting, e-commerce, web site hosting and development, and telecommunications agreements, as well as handling dispute resolution and assisting with the client's Internet domain name portfolio. An information technology lawyer works with engineering, IT, and other business units and ensures that customer information gathered by company is collected, stored and used in compliance with privacy policies and applicable laws.


Duties also include providing high quality, specialized and practical advice in business-to-business and business-to-consumer arrangements and advising on issues like IT outsourcing arrangements, software and hardware supply and implementation agreements. An information technology lawyer contracts for web site developers and consultants in relation to on-line projects. Provides support and maintains confidentiality/know how agreements. Contracts for Internet service providers and data protection advice.

A recent example of information technology law is India's Information Technology Act of 2000 as amended by The Information Technology (amendment) Act of 2008 with The IT Rules of 2011. The Information Technology Act of 2000 was introduced on 9 June 2000. The Information Technology Act of 2000 came into force on 17 October 2000. This Act was amended vide Notification dated 27 October 2009. This Act applies to whole of India, and its provisions also apply to any offence or contravention, committed even outside the territorial jurisdiction of Republic of India, by any person irrespective of his nationality. In order to attract provisions of this Act, such an offence or contravention should involve a computer, computer system, or computer network located in India. The IT Act 2000 provides an extraterritorial applicability to its provisions by virtue of section 1(2) read with section 75.This Act has 90 sections.


India's The Information Technology Act 2000 has tried to assimilate legal principles available in several such laws (relating to information technology) enacted earlier in several other countries, as also various guidelines pertaining to Information Technology Law. This is a modern legislation with crimes like Hacking, Data theft, Spreading of Virus, Identity Theft, defamation, pornography, child pornography, cyber terrorism, crimes by companies etc. defined at great length. The IT Rules of 2011 talk about compliance and acts as The Data Protection Law of India. It also has Rules for Intermediaries (ISP's, Network service providers, cyber cafes etc.).Section 66A deal with crime of sending offensive messages through communication medium which include sms, mms, email, blogs etc. Almost all sections are cognizable in nature and persons so affected can apply for compensation from Adjudicator appointed under Section 46.Appeal from adjudicator lies to Cyber Appellate Tribunal.