The Information Technology Act, 2000 is so far, the most effective act which deals with cybercrime and electronics in India. The Act 2000 comprise of 94 section, divided among 13 chapters and 4 schedule. The very Act applies to whole India and also to the citizens of other countries who found guilty in cybercrime which involves computer or network related to India. Despite of amendments proposed in 2008 IT Act still needs to be observed.
Certain issue need more clarity and better structure, first being a “Comprehensive Anti-Spamming Act” Sending bulk message or unsolicited commercial mails i.e spamming there is no concrete law for this in India. However, Australia regulate unsolicited commercial electronics mails through Spam Act 2003. India need to have such dedicated law in order to reduce crimes which often arise from misleading emails.
Phishing being the most talked topic needs deeper glassiness which give rise to “Need of Anti-Phishing ACT”media runs stories on an almost daily basis covering how sensitive data has been acquired by masquerading as a trustworthy entity on internet through phishing mail etc. In 2006 while discussing “object and reasons” in parliament phishing was a part of statement for the bill passed in 2008 but so far, no provision has been enacted for Phishing. On the other hand, US deal with such crimes under “The Anti Phishing Act of 2005”. India needs to have stringent commitment toward phishing attacks.
“Stringent Anti-Pornography law/act”
Although IT Act 2000 prohibits publishing of obscene information and browsing of child porn only is punishable but nothing has been mentioned about possession of adult pornography. On the other hand, UK has declared possession of extreme pornographic material an offence under Section 63 of criminal justice and immigration act 2008.