Regulation of Cyberspace

E-governance E-governance is the short form of ‘electronic governance’.

Governance includes those processes and systems by which an organization or a society operates. If governance is done through the use of Information and Communication Technology (ICT) It is said to be E-governance.

Thus in general E-governance denotes use of ICT in any organization i.e. governing through electronic mode. But the term is now used with a particular meaning and in a particular context.

E-governance uses ICT to induce changes in the delivery and standards of governance services and more importantly, in the way citizens interact and participate in governance.

The meaning and use of the term E-governance is with reference to the functions which are being performed by the Government of any country.

COMPONENTS OF E-GOVERNANCEGovernment-Citizen InterfaceGovernment – Government InterfaceGovernment – Business InterfaceGovernment – Employee InterfaceGovernment – Society Interface

BENEFITS OF E-GOVERNANCE:

Automation of Administrative Processes: Till now the administrative process has been largely manual and involves a large bureaucratic structure. ICT can be used to make this system automatic.

Workforce Reduction: The present governmental structure is a behemoth. The government employs a large work force for its various functions

Better Service Delivery: E-governance would integrate various departments to provide a single point of delivery of services to citizens. Service delivery at the click of a button is possible

Technical & Supportive Role: ICT can be used to create a paper free or a least paper office. It is possible to store the entire information of the whole office in the hard disc of a computer

Transparency: E-governance aims at providing information to all without discrimination.

Economic Development: E-governance can bring economic development to the remote areas of the country

Social Development: E-governance brings all-round changes not only in the governance but also in society

Innovative Role: E-governance can be used to initiate new governance services or new mechanisms for improved service delivery

Change in the Administrative Culture: E-governance will change the administrative culture by making it more open, transparent, accountable and responsive and citizen oriented

The challenges faced in implementing E-governance are:

-> Lack of Resources-> Lack of Infrastructure-> Digital Divide-> Lack of Relevant Information in Local

Languages-> Building E-governance Capacity-> Security Issues in Cyberspace-> Reluctant Bureaucracy

Digital Divide The term ‘Digital Divide’ combines two words

in itself: ‘Digital’ & ‘Divide’.The term ‘Digital’ here refers to Information &

Communication Technology (ICT) while ‘Divide’ means differences, disparity or gap.

The term also refers to gaps between groups in their ability to use ICTs due to varying literacy and technical skills, and thegap in availability of quality, useful digital content.

The term was used for the first time in the mid-1990s in reference to the disparity in Internet access between rural and urban United States of America.

IMPACT OF DIGITAL DIVIDEOn Employment In order to understand the impact of the divide

on employment we have to see how ICT has changed the work scenario in the economy. By removing the obstacles to communication ICT has made work independent of location. ICT has created a new class of skilled workers who are highly paid.

On Development ICT is associated with productivity

improvements. The exploitation of the ICT gives industries of a country a competitive advantage. ICT opens up a whole new avenue of economic activities including development of hardware and software, online services, and many others.

On National and Social Interest

Access to the ICT is an important component of civil life. Telephone (including mobile services) is often considered important for of security, and in emrgencies. Internet is an important source of many vital information regarding career, civic life, safety

 

PROMOTIONS OF GLOBAL COMMONS:

Internet is a non-monetized domain of communications, it is global in nature, an open global commons, and is made up of a host of other publicly accessible networks for the common benefit.

It has drastically reduced the cost of long distance communication as it connects a hundred- thousand networks of the entire world, which may be hosted, by Government agencies, private companies, universities etc. Similarly the content of Internet is a voluntary common, anyone can be publishers, and every type of subject matter of all levels of quality is available.

OPEN SOURCE MOVEMENTOpen source is a set of principles and practices

that promote access to the design and productions of goods and knowledge. The term is commonly applied to the source code knowledge.

The term is commonly applied to the source code of software that is available to the general public with relaxed or non-existent intellectual property rights.

Open source denotes that the origins of a product are publicly accessible in part or in whole.

Open source groups, like those behind Linux Operating System.

HISTORY OF OPEN SOURCE

The history of open source is actually a very interesting one. To start with, in the beginning there was only one free (Libre) software.

To start with, in the beginning there was only one free (Libre) software.

Later on proprietary software was born and it quickly dominated the software landscape to the extent that now it is usually considered as the only possible model by many people.

However, in recent times the free software has again gained popularity During the 80’s and the early 90’s open source software continued its development.

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International Law and the importance of treaties

In the last decades, relations among States have become increasingly complex – heightening the need to strengthen and promote international law and the rule of law at the national and international levels.

The United Nations Secretary-General has, in numerous statements and reports, consistently emphasized the importance of participation in and the domestic implementation of treaty-based norms and international legal principals.

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The Vienna Convention 1969 defines a treaty as

"an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (article 2(1)(a)).

What is a “Treaty”

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Rule of Law

The international rule of law contributes to order and stability, and enhances each nation’s independence and security.

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Rule of Law and the Treaty Framework

SG Ban Ki-Moon is making the rule of law an important theme of his tenure. He has stated that “[t]ogether, by participating in the international treaty framework, we can succeed in advancing our mission of building a global society based on respect for the rule of law.”

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UN Office of Legal Affairs

The Office of the Legal CounselThe General Legal DivisionThe Codification DivisionThe International Trade Law Division,

the Division of Ocean Affairs and Law of the Sea

The Treaty Section

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Treaty SectionObjectives

Contribute to the rule of law by:◦ Improving access to treaties and treaty

related information;◦ Promoting broader State participation in

the multilateral treaty framework;◦ Enhancing understanding of technical and

legal aspects of participating in treaties and registering treaties with the Secretariat.

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Treaty Section ActivitiesAssist States in signing and becoming party

to treatiesAdvise on issues and questions of

international treaty lawPerform the function of the SG as

depositary for multilateral treatiesAdvise on reservations, declarations and

final clauses to treatiesRegister treaties submitted under Article

102 of the UN CharterPublish treaties in the UN Treaty SeriesProvide capacity-building trainings and

organize special treaty events

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UN General Assembly support for treaties

The 2005 Outcome Document of the General Assembly High-Level Summit supported the annual Treaty Event and specifically encouraged “States that have not yet done so to consider becoming parties to … treaties” in a range of subject areas.

Information Technology Act, 2000

The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.

It is based on the United Nations Model Law on Electronic Commerce 1996 (UNCITRAL Model) recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.

The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by group of officials headed by then Minister of Information Technology Pramod Mahajan.

Guidelines Issued by Various MinistriesDifferent ministries under the Government of India

as also State Governments have come out with guidelines and policy related to information technology.

Under the Government of India the most important guidelines pertaining to the information and communication technologies have been issued by the Ministry of Communications and Information Technology and under it the Department of Information Technology and also the Department of Telecommunications.

Guidelines and regulations issued by regulators like the Telecom Regulatory Authority of India also have a strong bearing on the subject

Broadband Policy , 2004

The Ministry of Communication and Information Technology came out with the Broadband Policy in 2004, recognising the potential of the ubiquitous Broadband service in the growth of GDP and enhancement in quality of life through societal applications including tele-education, tele-medicine, egovernance, entertainment as well as employment generation by way of high speed access to information and web-based communication.

The policy explains: it is a fact that the demand for Broadband is primarily conditioned and driven by Internet and PC penetration.

In Internet Domain Name –Policy Framework Department of Information Technology of the Ministry

of Communications and Information Technology came up with an .IN Internet Domain Name – Policy Framework and Implementation in October 2004

Globally, there are approximately 60 million Internet domain names registered.

Of these, about 40 million are in generic top level domain (gTLD) category, while the remaining 20 million are in country code top level domain (ccTLD) category.

The administration of gTLD rests with the Internet Corporation for Assigned Names and Numbers (ICANN), an internationally organized non profit corporation, with membership from different countries and experts in the field.

Draft Policy guidelines on Web-site Development, Hosting and Maintenance The Department of Administrative Reforms

and Public Grievances under the Ministry of Personnel, Public Grievances and Pensions issued Draft Policy guidelines on Web-site Development, Hosting and Maintenance for the guidance of other ministries and departments of the government.

The guidelines have been laid down with the objective of inspiring and facilitating the “realization of an e-government, which encompasses interlaid the development and deployment of citizen centric services through web enabled processes, electronic workflows, enabled applications, collaborative partnerships and participation of citizens, clients and stakeholders”.