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
  Related Articles:
  
  More cybercrime laws will be counter-productive, says 
  thinktank-ZD Net
  
  
  
  Digital Rights Management and Privacy
  Your Views 
  can be sent here