Domain name issues: The Internet Assigned Numbers Authority (IANA) manages the Domain Name System (DNS). Problems arise when several companies with similar names compete for the same domain name. The key issue for a company is to ensure that the domain name it chooses does not infringe the trademark rights of others or copy them from copyrighted works belonging to third parties. [8] The Information Technology Act 2000 also aims to establish the legal framework within which all electronic records and other activities carried out using electronic control and audit means for information systems enjoy legal inviolability. The law stipulates that, unless otherwise agreed, acceptance of a contract may be expressed by electronic means of communication and has legal and enforceable validity. [2] www.legalserviceindia.com/articles/ecta.htm I appreciate your website with effective and useful information. This is a very nice article with a lot of our resources included. Thanks for sharing. I appreciate this post. The Act deals with the assignment, receipt and sending of electronic documents. „Attribution” means „to consider that it was written or made by someone”. Therefore, section 11 sets out how an electronic document is to be attributed to the person who created it. Article 12 governs the manner in which receipt of an electronic document must be confirmed in various ways.
Article 13 of the Act establishes the manner in which the time and place of dispatch and receipt of electronic records transmitted by the sender must be indicated. In general, an electronic record is deemed to have been sent to the place where the sender has its place of business and received at the place of business of the consignee. [13] Section 3 legally recognizes electronic records and digital signatures. The digital signature is created in two different steps. First, the electronic record is converted into a message digest using a mathematical function called the hash function, which digitally freezes the electronic record, thereby ensuring the integrity of the content of the intended communication in the electronic document. Any manipulation of the content of the electronic file immediately results in the invalid digital signature. Second, the identity of the person digitally signed is authenticated using a private key that attaches to the message digest and can be verified by anyone with the public key corresponding to that private key. This way, anyone can check if the electronic record remains intact or has been tampered with because it was digitally signed.
It also allows a person with a public key to identify the sender of the message. However, section 9 of the Act provides that the conditions set out in sections 6, 7 and 8 do not confer any right to require that the document be accepted in electronic form by any ministry or department of the central or provincial government. The objectives of the law are: It is necessary to include appropriate amendments in the existing laws in our country in order to facilitate electronic commerce. It is therefore proposed to provide for the legal recognition of electronic records and digital signatures. This allows the conclusion of contracts and the creation of rights and obligations via electronic media. It is also proposed to provide for a regulatory system to supervise certification authorities issuing digital certificates. In order to prevent possible abuses through transactions and other transactions concluded electronically, it is also proposed to establish civil and criminal liability for violations of the provisions of the proposed legislation. To facilitate e-government, it is proposed to provide for the use and acceptance of electronic records and digital signatures in departments and their agencies, which would allow citizens to easily interact with government agencies. India is one of the few countries in the world, apart from the United States, Singapore and Malaysia, to have passed an Information Technology Act to promote e-commerce and e-business.
The Indian Parliament has already passed the Information Technology Act 2000 drafted by the Ministry of Communications and Information Technology. The law is based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. The enactment of the Information Technology Act by the Indian Parliament and the resulting amendments to the Indian Evidence Act, etc. have now paved the way for the legal recognition of transactions carried out through e-commerce. E-commerce can now be done by people who receive a „digital certificate”. Anyone to whom such a certificate is issued can now authenticate an electronic record by digitally signing the document. Webopedia.com,. What are digital documents? A Webopedia definition. Retrieved 15 March 2015.
by www.webopedia.com/TERM/D/digital_goods.html Electronic signature has also been dealt with in section 3A of the Information Technology Act 2000[10]. A subscriber may authenticate any electronic record by means of an electronic signature or electronic authentication technique deemed reliable and specified in the Second Annex. An amendment to the Information Technology Act of 2008[11] introduced the concept of electronic signature. As a result of this amendment, it has helped expand the scope of the Information Technology Act to include new techniques as electronic document signature technology becomes available, with the exception of digital signatures. Phishing: Phishing involves stealing someone`s bank details and using them to order goods or transfer money to another bank account. There is a framework of legal regulations designed to ensure the protection of a consumer in a physical or traditional way when shopping at a local store. (c) If a law requires a recording to be in writing, an electronic record is in accordance with the law. Unlike just ITA and ITAA in India, many other countries around the world have many laws governing e-commerce and cybercrime that affect all facets of cybercrime.
Data communication, storage, child pornography, electronic recording and data protection have all been the subject of separate laws and rules that provide impetus in the respective areas of law. In the United States, they have the Health Insurance Portability and Accountability Act, commonly known as HIPAA, which, among other things, governs all health and insurance records, their care and care, and the confidentiality and confidentiality issues associated with those records. There are a number of laws in the United States both at the federal level and at the state level, such as the Cable Communications Policy Act, the Children`s Internet Protection Act and the Children`s Online Privacy Protection Act, etc. Very helpful and knowledgeable blog. I`m learning so much from here. Thank you for sharing this blog with us. Mahindra Tipper tamrakar, V., & pal, P. E-Contracts & Its Legality – Author – Vasudha Tamrakar & Pratibha Pal. Legalserviceindia.com. Retrieved on March 15, 2015, from www.legalserviceindia.com/articles/ecta.htm Today, recent advances in computer technology, telecommunications, software and information technology have led to an unimaginable change in people`s standard of living. Communication is no longer limited due to geographical and temporal restrictions. Information is transmitted and received widely and faster than ever before.
And this is where e-commerce offers the flexibility of the business environment in terms of location, time, space, distance, and payment. This electronic commerce is associated with the purchase and sale of information, products and services through computer networks. It is a way to do business electronically, usually over the Internet. This is the tool that leads to „enterprise integration”. With the growth of e-commerce, there are rapid advances in the use of electronic contracting. However, the use of e-contracting poses major challenges at three levels, namely conceptual, logical and implemented. In our article, we discussed the scope, nature and legality, as well as various other issues related to electronic contracting. [2] I am deeply grateful to you for sharing this better information with us. I have a different kind of knowledge of your website, and it`s really useful for everyone. Thanks again for sharing. Massey Ferguson Tractor (a) The legal validity or enforceability of a registration or signature cannot be refused solely because it is in electronic form.
Jurisdictional issues: Although sometimes discussed interchangeably, applicable law and choice of venue are different concepts, both of which need to be addressed, while addressing concerns about jurisdiction over the Internet. Applicable law refers to the law of the country that applies to a particular dispute. While some treaties determine which law applies in the event of a dispute, it is for the courts to determine which law applies if such a clause is not included. [9] Articles 14 to 16 deal with the security of electronic records and electronic signatures.
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