Unit 2 Regulation of Cyberspace

E-governance, Issues Concerning Democracy, National Sovereignty, Personal
Freedom, Emerging Social Issues from Cyberspace, Digital Divide, Promotion of
Global Commons, Open Source Movement, Laws and Entities Governing
Cyberspace, Domestic Laws: Background of IT ACT – Part I, IT Act – Part II,
International Treaties, Conventions and Protocols Concerning Cyberspace,
Guidelines Issued by Various Ministries

1. Regulation of Cyberspace

2. E-governance E-governance is the short form of ‘electronic governance’ . Governance includes those processes and systems by which an organization or a society operates. If governance is done through the use of Information and Communication Technology (ICT) It is said to be E-governance. Thus in general E-governance denotes use of ICT in any organization i.e. governing through electronic mode. But the term is now used with a particular meaning and in a particular context. E-governance uses ICT to induce changes in the delivery and standards of governance services and more importantly, in the way citizens interact and participate in governance. The meaning and use of the term E-governance is with reference to the functions which are being performed by the Government of any country.

3. COMPONENTS OF E-GOVERNANCE Government-Citizen Interface Government – Government Interface Government – Business Interface Government – Employee Interface Government – Society Interface

4. BENEFITS OF E-GOVERNANCE: Automation of Administrative Processes: Till now the administrative process has been largely manual and involves a large bureaucratic structure. ICT can be used to make this system automatic. Workforce Reduction: The present governmental structure is a behemoth. The government employs a large work force for its various functions Better Service Delivery: E-governance would integrate various departments to provide a single point of delivery of services to citizens. Service delivery at the click of a button is possible Technical & Supportive Role: ICT can be used to create a paper free or a least paper office. It is possible to store the entire information of the whole office in the hard disc of a computer

5. Transparency: E-governance aims at providing information to all without discrimination. Economic Development: E-governance can bring economic development to the remote areas of the country Social Development: E-governance brings all-round changes not only in the governance but also in society Innovative Role: E-governance can be used to initiate new governance services or new mechanisms for improved service delivery Change in the Administrative Culture: E-governance will change the administrative culture by making it more open, transparent, accountable and responsive and citizen oriented

6. The challenges faced in implementing E-governance are: -> Lack of Resources -> Lack of Infrastructure -> Digital Divide -> Lack of Relevant Information in Local Languages -> Building E-governance Capacity -> Security Issues in Cyberspace -> Reluctant Bureaucracy

7. Digital Divide The term ‘Digital Divide’ combines two words in itself: ‘Digital’ & ‘Divide’. The term ‘Digital’ here refers to Information & Communication Technology (ICT) while ‘Divide’ means differences, disparity or gap. The term also refers to gaps between groups in their ability to use ICTs due to varying literacy and technical skills, and thegap in availability of quality, useful digital content. The term was used for the first time in the mid-1990s in reference to the disparity in Internet access between rural and urban United States of America.

8. IMPACT OF DIGITAL DIVIDE On Employment In order to understand the impact of the divide on employment we have to see how ICT has changed the work scenario in the economy. By removing the obstacles to communication ICT has made work independent of location. ICT has created a new class of skilled workers who are highly paid. On Development ICT is associated with productivity improvements. The exploitation of the ICT gives industries of a country a competitive advantage. ICT opens up a whole new avenue of economic activities including development of hardware and software, online services, and many others.

9. On National and Social Interest Access to the ICT is an important component of civil life. Telephone (including mobile services) is often considered important for of security, and in emrgencies . Internet is an important source of many vital information regarding career, civic life, safety  

10. PROMOTIONS OF GLOBAL COMMONS: Internet is a non-monetized domain of communications, it is global in nature, an open global commons, and is made up of a host of other publicly accessible networks for the common benefit. It has drastically reduced the cost of long distance communication as it connects a hundred- thousand networks of the entire world, which may be hosted, by Government agencies, private companies, universities etc. Similarly the content of Internet is a voluntary common, anyone can be publishers, and every type of subject matter of all levels of quality is available.

11. OPEN SOURCE MOVEMENT Open source is a set of principles and practices that promote access to the design and productions of goods and knowledge. The term is commonly applied to the source code knowledge. The term is commonly applied to the source code of software that is available to the general public with relaxed or non-existent intellectual property rights. Open source denotes that the origins of a product are publicly accessible in part or in whole. Open source groups, like those behind Linux Operating System.

12. HISTORY OF OPEN SOURCE The history of open source is actually a very interesting one. To start with, in the beginning there was only one free ( Libre ) software. To start with, in the beginning there was only one free ( Libre ) software. Later on proprietary software was born and it quickly dominated the software landscape to the extent that now it is usually considered as the only possible model by many people. However, in recent times the free software has again gained popularity During the 80’s and the early 90’s open source software continued its development.

13. International Law and the importance of treaties In the last decades, relations among States have become increasingly complex – heightening the need to strengthen and promote international law and the rule of law at the national and international levels. The United Nations Secretary-General has, in numerous statements and reports, consistently emphasized the importance of participation in and the domestic implementation of treaty-based norms and international legal principals . 13

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17. The Vienna Convention 1969 defines a treaty as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (article 2(1)(a)). 17 What is a “Treaty”

18. Rule of Law The international rule of law contributes to order and stability, and enhances each nation’s independence and security. 18

19. Rule of Law and the Treaty Framework SG Ban Ki -Moon is making the rule of law an important theme of his tenure. He has stated that “[t] ogether , by participating in the international treaty framework, we can succeed in advancing our mission of building a global society based on respect for the rule of law.” 19

20. UN Office of Legal Affairs The Office of the Legal Counsel The General Legal Division The Codification Division The International Trade Law Division, the Division of Ocean Affairs and Law of the Sea The Treaty Section 20

21. Treaty Section Objectives Contribute to the rule of law by: Improving access to treaties and treaty related information; Promoting broader State participation in the multilateral treaty framework; Enhancing understanding of technical and legal aspects of participating in treaties and registering treaties with the Secretariat. 21

22. Treaty Section Activities Assist States in signing and becoming party to treaties Advise on issues and questions of international treaty law Perform the function of the SG as depositary for multilateral treaties Advise on reservations, declarations and final clauses to treaties Register treaties submitted under Article 102 of the UN Charter Publish treaties in the UN Treaty Series Provide capacity-building trainings and organize special treaty events 22

23. UN General Assembly support for treaties The 2005 Outcome Document of the General Assembly High-Level Summit supported the annual Treaty Event and specifically encouraged “States that have not yet done so to consider becoming parties to … treaties” in a range of subject areas. 23

24. Information Technology Act, 2000 The  Information Technology Act, 2000  (also known as  ITA-2000 , or the  IT Act ) is an Act of the  Indian Parliament  (No 21 of 2000) notified on 17 October 2000. It is the primary law in  India  dealing with  cybercrime  and  electronic commerce . It is based on the  United Nations Model Law on Electronic Commerce 1996  (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997. The bill was passed in the budget session of 2000 and signed by President  K. R. Narayanan  on 9 May 2000. The bill was finalised by group of officials headed by then  Minister of Information Technology   Pramod Mahajan .

25. Guidelines Issued by Various Ministries Different ministries under the Government of India as also State Governments have come out with guidelines and policy related to information technology. Under the Government of India the most important guidelines pertaining to the information and communication technologies have been issued by the Ministry of Communications and Information Technology and under it the Department of Information Technology and also the Department of Telecommunications. Guidelines and regulations issued by regulators like the Telecom Regulatory Authority of India also have a strong bearing on the subject

26. Broadband Policy , 2004 The Ministry of Communication and Information Technology came out with the Broadband Policy in 2004, recognising the potential of the ubiquitous Broadband service in the growth of GDP and enhancement in quality of life through societal applications including tele -education, tele -medicine, egovernance , entertainment as well as employment generation by way of high speed access to information and web-based communication. The policy explains: it is a fact that the demand for Broadband is primarily conditioned and driven by Internet and PC penetration.

27. In Internet Domain Name –Policy Framework Department of Information Technology of the Ministry of Communications and Information Technology came up with an .IN Internet Domain Name – Policy Framework and Implementation in October 2004 Globally, there are approximately 60 million Internet domain names registered. Of these, about 40 million are in generic top level domain ( gTLD ) category, while the remaining 20 million are in country code top level domain ( ccTLD ) category. The administration of gTLD rests with the Internet Corporation for Assigned Names and Numbers (ICANN), an internationally organized non profit corporation, with membership from different countries and experts in the field.

28. Draft Policy guidelines on Web-site Development, Hosting and Maintenance The Department of Administrative Reforms and Public Grievances under the Ministry of Personnel, Public Grievances and Pensions issued Draft Policy guidelines on Web-site Development, Hosting and Maintenance for the guidance of other ministries and departments of the government. The guidelines have been laid down with the objective of inspiring and facilitating the “realization of an e-government, which encompasses interlaid the development and deployment of citizen centric services through web enabled processes, electronic workflows, enabled applications, collaborative partnerships and participation of citizens, clients and stakeholders”.