Abstract

In the knowledge society of 21st century, computer, internet and Information and Communication Technologies (ICTs or e-revolution) have changed the life style of the people. Today we have new terminologies like cyber world, netizens, e-commerce, etc. Apart from positive side of e-revolution there is a seamy side also resulting into cyber offences.

Further, in 1990s Business people were aware of increasing use of ICTs as it was easier, faster and cheaper to store, transact and communicate electronic information but were reluctant to interact electronically because there was no legal protection under existing laws. Accordingly, a new Branch of jurisprudence known as Cyber Law or Cyber Space Law or Information Technology Law or Internet Law, emerged to create order in cyber space. For the first time, a Model Law on E-commerce (MLEC) was adopted in 1996 by United Nations Commission on International Trade and Law (UNCITRAL) which was subsequently adopted by General Assembly of United Nations . Significantly, main objective of MLEC was to have uniformity at international level regarding law relating to e-commerce and to provide equal treatment to paper-based and electronic information.

Various countries, signatories to this Model law either enacted new laws or amended their existing laws in tune with this Model Law. India was also a signatory to this Model law and hence, enacted the Information Technology Act, 2000. To keep pace with technology, the Model law on E-Signature (MLES), 2001 was adopted by United Nations Commission on International Trade and Law (UNCITRAL). Accordingly India enacted the Information Technology (Amendment) Act, 2008.

However, a critical analysis of the said Model Laws shows that various legal issues (such as Jurisdiction, Taxation, IPRs and Domain Names) arising due to activities of in E-commerce in cyber space remain untouched by these Model Laws and are attracting attention of international community.

This paper is a humble attempt to make indepth study of International and Indian Law relating to ECommerce and various legal issues which need immediate attentions.