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Pranesh Prakash

A long way to go - 0 views

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    The Act contains some contentious provisions - such as Clause 79, which has been widely criticised as being "draconian". Some provisions recommended by the Parliamentary Committee had been rejected by the Union government - particularly Clause 73 relatin g to cyber cafes maintaining a registry of persons and Web sites logged into. The Bill has been passed in some undue haste, for reasons not very clear. In this regard, the points raised by the Opposition are valid because the Act lacks clarity in many re spects, and seems to have been drafted without adequate legal and, more important, technical inputs. It must be emphasised that the optimistic projections by organisations such as NASSCOM (the National Association for Software and Service Companies), that the Act would boost the volume of e-commerce in India from the current Rs.450 crores to over Rs.2,5 00 crores and to Rs.10,000 crores by 2002, are quite misplaced. First, in the Indian context, much of the e-commerce involves neither business-to-client (B2C) transactions nor business-to-business (B2B) transactions but largely revenue from advertising o n the Web. Therefore, it becomes difficult to term precisely what e-commerce is and to quantify its value. Secondly, the Act itself is not going to alter greatly the situation because, for one, as legal experts point out, even in the absence of the Act t he judiciary would not have dismissed an evidence just because it is in the nature of an e-mail or an electronic document. It would have been treated as circumstantial evidence to the case at hand, and the provisions in the Indian Penal Code and the Crim inal Procedure Code have sufficient interpretative room to provide for prosecution if such evidence is conclusive.
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