BY | March 3, 2013

New Delhi, (IANS) The Supreme Court Friday issued notice to the central and Maharashtra governments on a PIL seeking a regulatory framework of rules, regulations and guidelines for effective investigation of cyber crimes without stepping on the fundamental rights of citizens.

A bench of Chief Justice Altamas Kabir, Justice Anil R. Dave and Justice Vikramajit Sen issued notice after counsel Abhay Nevagi urged the court to direct the government undertake awareness campaign regarding various forms of cyber crime sought to be criminalized by the IT Act or any other penal law used to tackle cyber crime.

Nevagi was assisted by another counsel, Krishan Kumar.

The court tagged the PIL with an earlier PIL petition by Shreya Singhal that had challenged the constitutional validity of Section 66A of the IT Act that provides for proceeding against people posting annoying and inconvenient comments on social networking sites like Facebook and Twitter and other electronic mediums.

Petitioner Dilipkumar Tulsidas Shah has sought directions to the two governments to “carry out proper and widespread awareness campaigns particularly for investigating agencies, intermediaries such as internet service providers and the judiciary, regarding the various forms of cyber crime sought to be criminalized by the IT Act or any other penal law used to tackle cyber crime”.

Shah, the managing director of Pune-based company engaged in the manufacturing of machinery, was arrested April 19, 2011, for an alleged cyber crime which he claims he had not committed.

The PIL has urged the court that so long as the government does not put in place a regulatory framework to deal with cyber crimes, it should issue “guidelines to be followed by the investigating agencies and the judiciary in handling cyber crime cases, so that the fundamental rights of citizens can be protected from needless abuse by investigating agencies and intermediaries”.

The PIL said that the Information Technology Act has provided that any police officer of the rank of sub-inspector can investigate cyber offences, but there are no criteria for training or knowledge for such officers in order to properly equip them to handle cyber crime.

In the absence of proper procedures for investigation and safeguards, citizens are even more vulnerable to police harassment. There is also no uniformity in cyber security control and enforcement practices, the PIL pointed out.

RELATED

US GDP growth revised up to 4.2 pct WASHINGTON: The US Commerce Department revised the second-quarter GDP rate Thursday indicating a 4.2 percent expansion compared to the previous report of 4.0 percent. The Bureau of Economic Analysis indicated that this second estimation...

Target trying to regain merchandising authority, cuts forecast for Q2. The retailer seems to be affected by data breach of last year. Target has reportedly slashed full-year forecast as the loss it suffered from its data breach last year seems to be still affecting the...

Russian ban to cost Dutch economy 300 mln euro BRUSSELS: Russia's ban on import of agricultural goods from the EU will have an impact on 5,000 jobs in the Netherlands and will cost the country's economy 300 millions euros, the Dutch national statistics office CBS reported...

Japan-Oman tax treaty to be in force next month TOKYO: A double-taxation avoidance agreement between Japan and Oman is expected to enter into force next month, the Japanese Foreign Ministry announced Monday. Japan notified Oman on Sunday of the completion of its internal...

Quantum computing methodology is certainly going to be a gigantic leap for next gen development Quantum computing methodology seems to be the most talked about thing across the tech world at the moment. This is because of the fact that if the latest development is actually...