The idea of cyber-cops chasing from cafe to beach shack to park bench to catch computer criminals in the act is hilarious and dangerous. It is a very real prospect if the Information Technology Bill is passed in a hurry. Atal Behari Vajpayee, confessing he found the whole matter complicated, advised Parliament to take its time and study the Bill carefully. That is the very least MPs can do. It would be sensible to go over the Bill with a fine tooth comb and consult infotech experts. Business and industry may be clamouring for legislation to enable e-commerce and make it safe from attacks by hackers but no one will welcome carelessly, hastily drafted legislation which creates new problems while leaving old ones unaddressed.
Clause 79 giving unrestricted access to any premises to police and senior government officials on suspicion that a crime is occurring or is about to occur is a bad idea. It is an invasion of privacy and wide open to abuse. It is also the last thing business and industry need. Workable computer crime laws and strict enforcement are necessary. But sending cops into people’s homes and offices at will is not the way to make the Internet safe for commerce.
What is more, cyber-cop provisions look totally unworkable when applied to attacks like the one from the love bug which caused losses estimated at $10 billion worldwide. How to protect e-commerce from crime, children from pornography, the public from false and hostile propaganda and everyone from viruses needs serious thought. For the most part, governments should encourage businesses, parents and other Net users to find technical solutions.
It is disappointing to find the Vajpayee government, which acknowledges that the astonishing growth of the infotech industry occurred because the government played no part in it, has suddenly become so heavy-footed.
Although the clause on monitoring traffic at cyber-cafes was dropped under pressure hours before the Bill was introduced in Parliament, it is very illustrative of the official attitude to the Internet.
Many governments itch to control the Net and many have tried, usually futilely, to restrict access. Now under the guise of protecting commerce and the consumer there are new attempts to control access. What governments forget is that the whole Internet phenomenon which has radically transformed the way business does business, is based on the fact that information can be transmitted freely and cheaply.
Interfere with that and you interfere with the goose that laid the golden egg. Clause 73 requiring records to be maintained of who sends what messages or accesses what material in cyber-cafes is highly offensive and would have been the thin end of the wedge. Computer crimes are a major headache for governments in an age when anyone anywhere with the technical skills can cause enormous damage thousands of miles away across international borders.
A comprehensive list of cyber crimes, constantly updated, must go on the statute books. Technical equipment and trained staff in police departments are priorities. The harmonisation of computer crime laws whereby action causing harm in one country is recognised as a crime in all others is an essential international task.