Are Cyber Crime Laws Becoming Counter Productive?

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Even before the the new Cyber Laws are understood by the industry, and at a time when India is in the verge of passing the Communication Convergence Act, a discussion has already emerged in other parts of the world on whether Cyber Laws are getting counter productive.

We need to look at this point in two angles. One is that Cyber Laws are necessary to boost the confidence of the E-Commerce participants so that more and more use can be made of IT in business. However, if and when the Laws start becoming overprotective of one segment over the other, the very laws that were once found necessary becomes a stumbling block for progress.

It is neither the fault of the law itself or the society that some times regulation becomes the rallying point for anti social elements.

The tendency in all laws is that as more and more deviant behavour is observed in the society, the law is tinkered to add new clauses to protect against the new deviant behaviour. In the process the law becomes tighter and tighter until it becomes stiffling and eventually kills the industry itself.

We in India have seen how SEBI has through over regulation killed the retail stock markets and RBI through its own over regulatory measures killed the Non Banking Finance Industry. These will be standing examples for regulators to learn from.

At the same time non-regulation is also dangerous particularly when the society is in a transition stage. An example of this can also be seen in the Indian context where the "Globalization" process has been wiping out the entire old economy in a bid to create a new economy.

The solution is to strike a proper balance between  inadequate regulation and over regualtion.

Recently, it was reported that  Verisign has confirmed a drastic fall in domain name registrations. About an year back, approximately 50,000 additional domain names were being registered all over the world at around US 30 per year. Currently the registration rate seems to have turned negative. The Internet economy is therefore losing over US $ 150000 every day because of the fall in domain name registrations.

One of the main causes for this is said to be the trends in Domain Name Dispute settlement which have discouraged speculative registrations. While the laws might have eliminated Cyebr Squatting, it has also destroyed creation of Cyber Wealth. In order protect the interests of a few large corporations who forgot to register their domain names in time, the Domain Name registration industry was deliberately killed.

This comment is made with the full understanding of there is a  need to protect consumer interests arising out of confusing domain names. But there is a separate solution for this problem in the form of www.verify4lookalikes.com  which is better than ruling that every conceivable TLD extensions or name variations of a registered trade mark belongs only to the trade mark owner and no body else.

A similar over regulatory tendency has been seen in the Copyright scenario also. Blocking file sharing technology, restricting web broadcasts of TV programmes and Live sports events and strange E-Book copyright claims have stiffled free expression on the Internet. The DMCA has ensured that law is firmly on the side of the meta society industrialists who look at Web as a threat to their monopoly.

Presently, the Digital Rights Management (DRM)  technology on which Microsoft holds a patent  is sought to be made mandatory for Computers. DRM technology can control file access (number of views, length of views), altering, sharing, copying, printing, and saving. These technologies may be contained within the operating system, program software, or in the actual hardware of a device

This is expected to reduce the Computer to an Idiot Box where the user can see only what the broadcaster will allow. And the super broadcaster would be Microsoft which will filter all the content that the OS will allow to be displayed on the computer screen.

If such a development goes unchecked, the entire Computer industry is likely to suffer retardation of growth.

Already most of the software manufacturers have been resorting to "Licensing" of software instead of "Selling" and further restricting the license to a "Version" and forcing the user to go in for newer and newer version of the software. This tendency deliberately shorten the life span of software coupled with usurious pricing, has only helped in large scale piracy of software. Any further tightening of regulation can only lead to people putting off their computer purchase and reduce the speed of adoption. 

Thus in most of the IPR related Cyber Laws, there has been a tendency to over regulate leading to industry slow down. Law makers should  keep this in mind.

Naavi

May 01, 2002

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Digital Rights Management and Privacy

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