Electronic Transactions
Act, 2008
Electronic
Transactions
Bill
88 – 89. It will be a platform that brings the industry together from time to
time to discuss matters of common interest to and concerning the industry.
The National IT Agency may designate an industry body to be the forum,
clause 87. The forum may prepare a voluntary industry code on its own
initiative or upon request by the Agency clause 89.
The liability for service providers is imposed in the tenth group of
clauses, clause 90 – 96. It imposes liabilities on service providers for
electronically published matter that is illegal or unlawful. Other acts are
prohibited such as knowingly divulging to any person or entity the contents
of a communication while in electronic storage by that service, clause
96. It excludes from liability, intermediaries who merely provide access
to, transmit, or store/host electronic records under specified conditions.
A person claiming that any electronically published matter is illegal or
unlawful may notify the publisher and request that it be taken down,
(clause 94). An intermediary or service provider is generally speaking,
not required to monitor an electronic record processed by means of the
system in order to ascertain whether its processing will constitute or give
rise to an offence or give rise to civil liability, clause 92.
Law enforcement is dealt with in the eleventh group of clauses which
adds to the powers of arrest, search, and seizure of law enforcement
agencies by law. The Bill empowers law enforcement agents in the course
of the execution of court warrants to seize a computer, electronic record,
programme, information, document or thing if they reasonably believe
that it is evidence that an offence under the Bill has been or is about to be
committed, clause 98. Law enforcement agencies may also request the
preservation of evidence by providers of wire or electronic communication
services or a remote computing service pending the issuance of a Court
Order or other process clause 100. Controls against incrimination are
provided for under the Bill. The Court is empowered, upon application of
a law enforcement agency, to order an electronic communication service
provider to disclose the contents of an electronic communication, that is in
transit, held, maintained or has been in electronic storage in an electronic
communications system, if the disclosure is relevant and material for
investigative purposes or is in the interest of national security, clause 101.
Cyber offences are contained in the twelfth group of clauses, clause
70
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