Differentiate between IT Act 2000 and IT (Amendment) Act 2008.

IT Act 2000 vs. IT (Amendment) Act 2008

1. IT Act 2000:

• Enactment: The Information Technology Act, 2000 was enacted on 9th June 2000.
• Objectives: The primary objective of the IT Act 2000 was to provide legal recognition for electronic transactions, facilitate e-governance, prevent computer-based crimes, and ensure the security and confidentiality of electronic data.
• Key Provisions: The IT Act 2000 provided legal recognition for electronic records and digital signatures, established a framework for regulating certifying authorities, and defined cybercrimes and their penalties.
• Amendments: The IT Act 2000 has been amended several times, including the significant amendment in 2008.

2. IT (Amendment) Act 2008:

• Enactment: The Information Technology (Amendment) Act, 2008 was enacted on 27th October 2009 and came into effect from 27th October 2009.
• Objectives: The IT (Amendment) Act 2008 aimed to address emerging issues related to cyber security, data protection, and electronic governance.
• Key Provisions: The IT (Amendment) Act 2008 introduced several key provisions, including the addition of new cybercrimes such as cyber terrorism, the requirement for intermediaries to observe due diligence, and the establishment of a Cyber Appellate Tribunal.
• Data Protection: The amendment introduced provisions related to data protection, requiring companies to implement reasonable security practices and procedures to protect sensitive personal data.
• Penalties and Offences: The amendment increased penalties for certain cybercrimes and introduced new offences such as the sending of offensive messages through communication services.

3. Key Differences:

• Scope: The IT (Amendment) Act 2008 expanded the scope of the IT Act 2000 to address emerging issues related to cyber security and data protection.
• Cybercrimes: The amendment introduced new cybercrimes and increased penalties for certain offences to strengthen the legal framework for combating cybercrimes.
• Data Protection: The IT (Amendment) Act 2008 introduced provisions related to data protection, requiring companies to implement security practices to protect sensitive personal data.
• Intermediaries: The amendment imposed obligations on intermediaries to observe due diligence and specified guidelines for their liability.
• Cyber Appellate Tribunal: The IT (Amendment) Act 2008 established a Cyber Appellate Tribunal to hear appeals against the orders of the Controller of Certifying Authorities and Adjudicating Officers.

4. Conclusion:
In conclusion, the IT (Amendment) Act 2008 was a significant update to the IT Act 2000, aimed at addressing emerging issues related to cyber security, data protection, and electronic governance. The amendment introduced new provisions, increased penalties for certain offences, and expanded the scope of the IT Act 2000 to provide a more comprehensive legal framework for regulating electronic transactions and combating cybercrimes.