SpicyIP Tidbits: The ITAA, 2008 in force, finally.

Late last month, the Government of India finally ended the ho-hum surrounding the Information Technology (Amendment) Act, 2008 and the same is now in force.

As explained by this Press Release, the need for a comprehensive legislation that deals with information technology in today’s world arose for several reasons, including Security for information that is communicated using the internet etc., provisions for Cyber Crimes that have profilerated in the last decade, as well as to help the growth of e-commerce and strengthen e-governance.

The question some of our readers are now asking us is why does this find a place for reporting on SpicyIP? Simply put- ISP Liability. In terms of the IT Act, 2000 the provisions surrounding ISP Liability were fairly basic and heavily criticised by many.

The IT Amendment Act of 2008 seeks to remedy this position and this seems very interesting. Many people across the country have been eagerly waiting to see the position of law as it stands now, and compare the same with the American DMCA (Digital Millenium Copyright Act).

SpicyIP would like to thank Aditya Gupta, a final year student at the National Law University, Jodhpur for pointing it in the direction of this much awaited amendment. Aditya will also soon follow up this post with a guest post analysing the amendments incorporated and their impact.

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