Today’s world is electronic world. Every person in world is connected with some electronic device either through internet or through telecom services.Days are gone when there were manual time-consuming procedures adopted to communicate with each other at different places. In modern era, speed is the core of the matter, no matter what the matter is. Whereas one had to wait several days to send or receive a message to or from the other parts of World even after spending huge amounts and time earlier, with the advent of the modern technology, now it is possible with little money and time by means of the computer post or E-mail. But with the passage of time, there was a need of legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternatives to paperbased methods of communication and storage of information, to facilitate electronic filing of documents with the government agencies.
In this pretext, the legislation “The Information Technology Act, 2000 was enacted by Indian Parliament. The Act was enacted to set up licensing, monitoring and certifying authorities for enactment of Cyberlaws. The authorities under the Act monitor and oversee issues like jurisdiction, origin, authentication, privacy protection and intellectual property, computer crimes committed via information highways on cyberspace.
After the passing of the Act, several rules and regulations for the procedure for several activities were made by the government. To produce them in single book, we have made an effort to bring them all before the concerned readers.
In this book, we have given special emphasise on IT Policy, Web Policy and e-Governance relating to the State of Jammu and Kashmir. Exhaustive comments are given in relevant sections with important case laws. This book contains INFORMATION TECHNOLOGY ACT, 2000 [As amended by Act 10 of 2009], INFORMATION TECHNOLOGY (CERTIFYING AUTHORITIES) RULES, 2000, CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE) RULES, 2000, INFORMATION TECHNOLOGY (USE OF ELECTRONIC RECORDS AND DIGITAL SIGNATURES) RULES, 2004, INFORMATION TECHNOLOGY (SECURITY PROCEDURE) RULES, 2004, INFORMATION TECHNOLOGY (QUALIFICATION AND EXPERIENCE OF ADJUDICATING OFFICERS AND MANNER OF HOLDING ENQUIRY) RULES, 2003, INFORMATION TECHNOLOGY (OTHER POWERS OF CIVIL COURT VESTED IN CYBER APPELLATE TRIBUNAL) RULES, 2003, INFORMATION TECHNOLOGY (OTHER STANDARDS) RULES, 2003, CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF PRESIDING OFFICER) RULES, 2003, CYBER REGULATIONS APPELLATE TRIBUNAL (SALARY, ALLOWANCESAND OTHER TERMS & CONDITIONS OF SERVICE OF PRESIDING OFFICER) RULES, 2003, INFORMATION TECHNOLOGY (CERTIFYING AUTHORITY) REGULATIONS, 2001, CYBER APPELLATE TRIBUNAL (PROCEDURE FOR INVESTIGATION OF MISBEHAVIOUR OR INCAPACITY OF CHAIRPERSON AND MEMBERS) RULES, 2009, INFORMATION TECHNOLOGY (PROCEDURE AND SAFEGUARDS FOR BLOCKING FOR ACCESS OF INFORMATION BY PUBLIC) RULES, 2009, INFORMATION TECHNOLOGY (PROCEDURE AND SAFEGUARDS FOR INTERCEPTION, MONITORING AND DECRYPTION OF INFORMATION) RULES, 2009, INFORMATION TECHNOLOGY (PROCEDURE AND SAFEGUARD FOR MONITORING AND COLLECTING TRAFFIC DATA OR INFORMATION) RULES, 2009, CYBER APPELLATE TRIBUNAL (SALARY, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2009, BLOCKING OF WEBSITES, GUIDELINES FOR SUBMISSION OF APPLICATION FOR LICENCE TO OPERATEAS A CERTIFYING AUTHORITY, GUIDELINES AND GENERAL INFORMATION FOR SETTING UP OF INTERNATIONAL GATEWAYS FOR INTERNET, GUIDELINES FOR INTERNET SERVICE PROVIDERS, INTERNET BANKING OR E-BANKING, R EPORT ON INTERNET BANKING, RBI GUIDELINES, UNCITRAL MODEL LAW ON ELECTRONIC COMMERCE, CONVENTION ON CYBERCRIME, UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY, RULES FOR UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY, RELEVANT EXTRACTS FROM JUDGMENTS ON DOMAIN NAME DISPUTES, UNITED KINGDOM DATA PROTECTION ACT, 1998 and UNITED STATES CONTROLLING THE ASSAULT OF NONSOLICITED PORNOGRAPHY AND MARKETING ACT OF 2003 along with Several Guidelines and General Index.
We are highly grateful to Sh. Sanjay Arora, Advocate for valuable assistance and guidance in preparation of this book. Our special thanks to Mr. K.C. Narang for providing judgments relating to Domain Name Disputes pronounced by World Intellectual Property Organisation (WIPO), relevant text of which is produced in this book. Though every effort has been taken to make this book error free, but to err is human. Feedback from the readers shall be graciously accepted.
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