| E-Commerce & IT Laws

Course Information

  • 2020-21
  • 5-Year B.A., LL.B. (Hons.), LL.M.
  • III, V
  • Mar 2021
  • Elective Course

Use of computer and internet is becoming common and a part of our day to day activities. Most of the transactions including the governmental and commercial takes place through internet Information technology law – is one of the fastest growing areas of law involving in it various legal controversies. Laws have been framed at both national and international level to addresses these issues, yet considering the pace with which a technology grows, the legal approach is often regarded as ineffective.

The opportunities and facilities offered by the information technology to day to day activists including commercial as well as governmental activities are immense. Such opportunities have enlarges the ambit and scope of e-commerce, thereby changing the face of commercial transactions of the day. At the same time the opportunities provided to perpetrators of wrongs are also immense thereby raising challenges relating to the security of e-commerce.

It is in this regard that this course aims to study the relationship between the development of information technology and its impact on commercial activities with focus on relating legal issues and concerns.

Thus the course intends to discover the manner in which Indian laws with special reference to Indian Information Technology Act promotes and regulates e-commerce and tackles challenges raised with the expansion of e-commerce. Laws relating to online sale and purchase, online auctions, online banking, consumer protection on cyber space, tax related issues, etc. will be covered. Additional ancillary issues such as cyber security and cyber crimes; concerns of privacy; data protection, IPR protection, issues of jurisdiction, etc. will also be focused.

Thus the objective of the course will include the following:

Ø  To analyze the current Indian legal framework addressing the issues of e-commerce, with special focus on Indian IT Act, 2000 vis a vis 2008 Amendment.

Ø  To assess the effectiveness of the current legal as well as institutional approach in both promoting and regulating cyber space in general and e-commerce in specific

Ø  To identify the hurdles existing within the law as well as in practice, affecting effective utilization of e-commercial transactions.

Ø  To identify and deliberate upon major concerns / issues relating to cyber security with focus on those which affects e-commerce including on corporate liability, intermediary rules, privacy and data protection.

Ø  To assess the overall effectiveness of the current legal position in this regard.

This course is designed to provide an understanding of the issues involved in the current Cyber Law Framework of India so as to enable the students to comprehend and research in the important areas of said law, which is generally regarded as a techno-legal subject, because of being an issue based upon a close inter-relationship between the law and technology. A study of the relevant provisions of the parent legislation that is the Information Technology Act, 2000 will be taken up in the course.   The Act though underwent major amendments recently [2008], yet suffers with certain loopholes. The course in this regard, aims to make a critical study of the current Indian Cyber law and attempts to find solutions in form of suggestions and recommendations to the law. Thus the focus of the course will be on Indian law relating to e- commerce. Wherever essential a comparative analysis of other country’s approach will be taken up.

Conceptual analysis of certain terms such as, cyber space, e-commerce, cyber security, etc., and various forms of cyber crimes such as cyber fraud, hacking, cracking, etc. will be taken up for class discussion along with appropriate legal provisions. Procedural issues relating to these substantive aspects including inquiry, investigation and trial of cyber security cases will also be taken up for class discussion.

Faculty

Dr. A. Nagarathna

Associate Professor of Law