Technology  Laws  Decoded  by Ms Napinnai ;  Published by LexisNexis ; Pages  830 ;    Price Rs. 1595/-

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All of us are aware that Computers and Internet have become part and parcel of our lives and that every sphere of public activity is leaving us vulnerable in unexpected ways. Issues pertaining to Cyberspace have acquired extraordinary significance. Under the dynamic thrust of Prime Minister Modi, India is going digital and certainly legal issues are gaining greater importance over the years. With the proliferation of internet technology, new business avenues have started employing E-commerce and M-commerce. This has also resulted in a variety of new issues—such as cyber crimes, cyber warfares, etc. The common man is uninformed about the legal implications emanating from digital technologies, both positive and negative.

The author of the book under review Ms.Napinnai is an advocate at the Supreme Court of India as also the Bombay High Court. She handles litigations, both national and international, related to Constitutional, Criminal and Commercial laws. She contributed to the Law Commission in drafting the Indian legislation for establishing Commercial Courts in 2015.The author’s insight into the complicated Internet-dominated world is the result of the significant training given by her  to members of the Indian army, intelligence agencies, judicial and police officers as also business organisations.

The book under review covers various aspects of technology laws including cyber laws and various legislations on the subject. It is a thorough examination of  the current laws in India and other jurisdictions including in the USA, the  U.K, the  E.U, Singapore, Australia. etc. Citing international examples on the subjects discussed, the book offers different perspectives, enabling comprehension of the issues involved.

According to the author, ”Technology laws lay scattered through the larger fabric of law and the justice delivery system. As the Internet coalesced the world together so has this book brought together the various pieces of the legal jigsaw, created solely with a change in the domain to create a cohesive whole. While the Information Technology Act,2000,as amended in 2008, continues as the common thread linking all aspects of cyber laws, it is not the only source of law or legislation covering “ Cyber”. The IT Act brought about changes inter alia in the Indian Evidence Act and the Indian Penal Code, which starts off the first stage of scattering of the cyber jIgsaw beyond the IT Act. This book explores the intrinsic interplay of general laws and special enactments with the cyber domain."

The book also highlights the socio-political and the socio-legal aspects impacting policies, legislations and decisions pertaining to cyber. Procedural aspects of cyber and in particular jurisdiction and electronic evidence that have posed the most challenges are explored to help identify solutions.

 The individual is at the core of this book’s aim, for all of us are users of technology. Every single concept set out touches our lives in one way or the other. Given the opacity of law there are several perpetrators of illegal acts. Hence the book is written as a thematic rendition instead of the normal cut and dried section-wise legal writing format.

Chapter One is a detailed introduction to the emergence  of internet and cyber laws and conventions. It covers several topics such as Aadhar, digital currencies, crypto currencies, bitcoins and deals with the situation in several countries.

“ Technology and Crime” is the subject of the second chapter. Law is in a nascent stage with respect to cyber crime, whilst the cyber criminal is an evolved species. The primary challenge in combating cyber crimes is not only lack of sufficient enactments even against existing trends of crimes but also enforcement. There is a critical analysis of India’s weapons against cyber crimes. We are provided a comparative analysis of the law in Sri Lanka,  U S A  and Australia.

Intellectual Property Rights are discussed in Chapter Three. We have a new genre of jurisprudence which is unique with shades of resemblance to doppelganger in the real world. Cyberspace has created distinct forms of property which was not envisaged by the 100 year old  I P Laws. Contracts help perpetuate the  I P Rights owners commercial  claims to the content.

One chapter is devoted to technology and contracts. It focuses on interpretations and evolution of contracting principles from the real world to the digital world and adaptation of existing principles to the ever-expanding digital horizons.

Electronic evidence is the core of the fifth chapter. Electronic evidence is ephemeral and requires extreme care and caution in collation. Elaborate provisions have been included in the Indian Evidence Act to enable reliance electronic records. Courts have floundered  their way  through this electronic maze.

The final chapter is on “Jurisdictions”. There are no borders and no delineations in cyber space. segregations are based on notional shadow lines. in India conferment of jurisdiction is either under the Constitution or specific laws enacted by Legislatures.

The book is a beginning to create the larger picture of the forest, leaving the filling in of the trees to works that follow. The volume is not one-dimensional but is reflective of a deeper understanding of issues that judges, lawyers  and the common persons face on a daily basis.

An Appendix gives the text of the Information Technology Act, 2000, the book also gives Case Laws running into sixty pages.

 The book is a compelling read and a must-have guide to the academia, legal practitioners, members of the judiciary, revenue and law-enforcing agencies, to the laity interested in comprehending this new tool and the protocol of information dissemination and exchange.

P.P.Ramachandran.

 06  /  08  / 2017​