INFORMATION
TECHNOLOGY Vs KNOWLEDGE REVOLUTION
– AN OVERVIEW
By K P C Rao., LLB.,
FICWA., FCS
Practicing Company Secretary
kpcrao.india@gmail.com
Information Technology - Legal
Framework
‘Information technology’ (IT) continues to have an ever-growing
impact upon society and the way that society conducts its affairs. Information
and communications technologies have permeated almost every professional,
commercial and industrial activity. Now a days, all most all the organizations,
would find it difficult, if not impossible, to function without relying heavily
on these technologies. They have become indispensable tools, allowing the use
of massive information storage, processing, dissemination, searching and
retrieval. On the one hand Information and Communications Technologies have
posed and continue to pose novel and complex social and legal problems, on the
other hand, the Law has been found wanting when dealing with the issues raised
by these constantly evolving technologies, and legislators and the courts have
often struggled to come to terms with the challenges raised by them. An
understanding of the legal issues involved remains of key importance to persons
and organisations concerned with information and communications technology, and
it is only armed with such understanding that they can satisfactorily address
and cater to the problems raised by the development and use of these
technologies.
‘Cyber
Law’ is the law governing cyber space. Cyber space is a very wide term and
includes computers, networks, software, data storage devices (such as hard
disks, USB disks etc), the Internet, websites, emails and even electronic
devices such as cell phones, ATM machines etc. Cyber law encompasses laws
relating to: 1) Cyber Crimes 2) Electronic and Digital Signatures 3)
Intellectual Property and 4) Data Protection and Privacy. The primary source of
cyber law in India is the Information Technology Act, 2000 (IT Act) which came
into force on 17 October 2000.
The
IT Act, 2000 is India’s mother legislation regulating the use of computers,
computer systems and computer networks as also data and information in the
electronic format. The said legislation has provided for the legality of the
electronic format as well as electronic contracts. This legislation has touched
varied aspects pertaining to electronic authentication, digital signatures,
cybercrimes and liability of network service providers. The inadequacy of the
IT Act, 2000 to address some of the emerging phenomena, challenges and
cybercrimes, led to voices clamouring for change in the Indian Cyberlaw.
Consequently, the Government of India brought the Information Technology
Amendment Bill, 2008 in Parliament, which got passed by both the houses of
Parliament in the last week of December, 2008 and received President’s assent
on February 5, 2009. The I T (Amendment) Act, 2008 has come into force from
27th October 2009. The Act brings about various sweeping changes in the
existing Cyberlaw and provides legal
recognition for the transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to
as "Electronic Commerce", which involve the use of alternatives to
paper based methods of communication and storage of information , facilitates electronic filings of documents
with the Government agencies and amended
the Indian Penal Code, Indian Evidence Act, 1872,, The Bankers' Books
Evidence Act, 1891, and the Reserve Bank of India Act, 1934 and the matters connected therewith or incidental
thereto.
Knowledge
and Information Technology
An
essential requirement for envisioning India’s future is to recognise that the
equations which determine national development have changed in recent years,
opening up greater possibilities than before. The same factors continue to be
at work, but their relative contribution and importance is rapidly shifting
along several dimensions as shown in the hereunder.
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Shifting Determinants of Development
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Manufacturing
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Services
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Capital
resources
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Knowledge
resources
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The
sectoral composition of the GDP (Gross Domestic Product) changes with economic
development. The predominance of
agriculture in the least developed economies is reduced by the increasing
importance of manufacturing, and subsequently, services, as they move up the ladder
of development. As this occurs, the rates of economic growth tend to increase.
This transition is now occurring globally and is reflected in the explosive
growth of the services sector, especially in the fields of financial services,
information and communication technology (ICT), insurance, education and
health. India’s services sector has already become the dominant contributor to
GDP, accounting for 46 per cent of the total, but its share is still far below
the UMI (Upper Middle Income countries) reference level of 60 per cent. The
country very soon will get the opportunity to skip the long slow phase of
industrialisation that the
most
developed nations have passed through, and transit rapidly into a predominantly
service economy by 2020, creating services that meet human needs, generate
employment covering the large unorganised segment of the economy, raise incomes
and increase purchasing power. Even our notion of services may need to evolve
further to recognise the importance of the emerging knowledge-intensive
services.
Knowledge
has replaced capital as the most important determinant of development. In a
path breaking study in mid-1950s, Nobel laureate economist Robert Solow showed
that seven eighth of the growth of US from 1900 to 1950 was accounted for by
technical progress, while only one-eighth was driven by capital. A study by
Denison, of factors contributing to the growth of the US economy from 1929 to
1982, attributes 94 per cent of that growth to factors relating to knowledge
generation and dissemination: 64 per cent of this is linked to advances in
knowledge generation (i.e. R&D) and another 30 per cent to advances in
education. Better resource management, which is an application of knowledge, is
also identified as a more important factor than capital. This fact bodes well
for countries whose economic planners are able to escape from their earlier
faith in capital and fully tap the enormous productive potential of
non-material, knowledge resources.
India’s
Green Revolution is a dramatic example of how the input of greater knowledge in
the form of improved production technologies can rapidly increase the
productivity of scarce land resources. India’s IT Revolution is a striking
instance of how the importance of human capital has come to acquire a higher
position than that of material plant and machinery. All efforts to project
India’s future progress get at times blinded by the question of resources, more
specifically, the financial resources needed for all plan activities. We start
with the conviction that financial (capital) resources will not be the key
factor that decides the course of our future progress. If we fail, it will be
mainly for want of a vision of what is possible, knowledge of how to realise
it, belief in ourselves, commitment to achieve, will for the effort or skill in
implementation — and not for lack of finance. The knowledge revolution is not
just a short-term blip on the radar screen which peaked in 2000 with the boom
in dot com companies. It is a real and profound opportunity for countries.
Knowledge
Revolution
Ø By
one recent estimate, 50-60 per cent of all
industrial output is based on information.
Ø Modern
manufacturing industries depend as much for their success on the management of
information relating to quality, cost and scheduling, as they do on the
management of materials and production processes.
Ø The
services sector, which has the great potential for creating new employment
opportunities and economic growth in the world economy, is essentially
knowledge-based.
Ø The
phenomenal growth of employment potential in this century has been mostly
driven by the rapid expansion of small and medium, technology intensive sectors
and services around the world to
increase the pace and scope of the benefits of development. It marks a
significant shift in the relative importance of different resources or factors
of production in the development process.
This shift from material to knowledge-based
resources opens up vast opportunities for the developing countries to
accelerate the pace of development. India’s rate of economic growth can be
substantially increased if the country becomes a superpower in knowledge and if
the potentials of information and information technology are fully understood
and exploited.
Thus far, the potentials have been narrowly
focused on the export potentials of the IT sector. But far greater potential lies in the
extension and application of IT to stimulate the development of other sectors
of the domestic economy. Information is a revolutionary force in bridging the
digital divide that currently separates the advantaged and the disadvantaged of
our nation. Apart from generating new employment opportunities, the application
of IT can vastly extend access to education, health care, markets, financial
services, vocational skills, administrative services and other aspects of
modern society, to many more people at far lower cost. It can dramatically
reduce the cost of communications, improve access to technology and marketing
capabilities for the rural poor, eliminate intermediary exploitation in the
production and distribution chains, increase government accountability and
stimulate democratic participation.
Knowledge
Resources
There are a host of non-material,
knowledge-based human resources that we possess in abundance and can apply to
achieve far greater results. The significant contributions made by IT Sector under
different headings, like employment, education, infrastructure and governance
are discussed below:
1) Technology
Knowledge in the form of information
technology (IT) has opened up the opportunity for India to become the premier,
low-cost provider of computer software and IT-enabled services to the
industrialised world. It can not only provide high paying jobs and rising
exports, but also transform the way we educate our youth—increasing the speed,
quality and efficiency of learning manifold. In addition, it can and is already
transforming the way we communicate among ourselves and with the rest of the
world, shrinking the distances between hemispheres, providing instantaneous
access to the whole world’s knowledge base and customer base. Knowledge in the
form of biotechnology offers not only a lucrative field for employment and
economic growth, but a means for improving the health of our people and the
productivity of our fields. In the form of agricultural technology, knowledge
can increase crop yields from the present level, which is far below world
averages, to levels two, three or four times higher. Pioneering Indian farmers
have already achieved it for a variety of crops. What they have done
individually, we can do as a nation. Finally, knowledge in the form of
manufacturing technology will raise the competitiveness of the Indian
manufactures to international standards of costs and quality.
2)
Organisation
Technology is not the only knowledge
resource now abundantly at our disposal. Today we have access to the whole
world’s experience in organisation. Organisation is nothing but the know-how
for carrying out work most efficiently and expeditiously. India’s highly
successful Green Revolution and White Revolution were the results of
organisational innovations as much as technology. We have the opportunity to
fashion new and better forms of organisation to carry out the tasks of
education, health-delivery, governance, commerce, industry and social welfare.
3) Information
Physical and biological reactions require
the presence of catalytic agents to set them in motion and speed completion.
Human social processes depend on a catalytic agent too and that catalyst is
information. Free movement of information releases society from fear of
uncertainties.
Information about prices and market
potentials spurs an entrepreneur into commercial activity. Information about
scientific and technological discovery prompts a scientist or an engineer to
adopt new innovations and practical applications. Widely disseminated public
information about proper health care and nutrition contributes more powerfully
to the general health of the community than does a hospital or medical
innovation. Information about government policies enables individuals and
communities to fully exercise their rights and take advantage of public
programmes. Information about distant places spurs tourism and trade. Information
in all forms and all fields— administration, commerce, education, finance,
health, science and technology—is the very source from which we shape our
dreams, plans, decisions and actions. The more and better the quality of that
information, the more enlightened, expansive, productive and effective will be
our efforts at individual and social advancement.
Today, the average Indian citizen has
access to a wider range of timely and reliable information than had the
government leaders in the world’s most advanced nations a few decades ago. The
fairly easy access to computers and the Internet has placed the world at our
fingertips. Spread of information is further facilitated by the advancement of
telecommunications technology, rapid expansion of cellular telephone networks,
as well as the legalisation of Internet telephony, that makes live voice
communication possible at a fraction of the cost, both within the country and
internationally.
4) Education
What is true of information is true of
education as well. Dissemination of useful information can be said to
constitute the so-called unorganised sector of public education. The formal
educational system is its organised counterpart. Education is the process
whereby society passes on the accumulated knowledge and experience of past
generations to its youth in a systematic and abridged form, so that the next
generation can start off where past generations have ended and move on from
there. Today, through education we have access not only to the knowledge of our
own direct ancestors but to the accumulated experience and wisdom of people the
world over. With the development of modern media that brings sound and video
images into every household, and with the advent of the Internet that enables
us to reach out to sources of knowledge around the world, education offers both
unprecedented richness of content and the capacity to deliver it. If only we
could break free from the limitations of out-dated curriculum and out-moded
delivery systems, we could utilise the opportunity to close the education gap
that separates the world’s most prosperous communities from their poorer
cousins.
5) Skills
Productive skills form another component of
the precious human resource that we can and must fully utilise as leverage for
national development. Skill is the ability to direct human energy efficiently
to achieve desirable goals. A large reserve of unskilled people may be
perceived as a problem, but a large population of skilled workers is a huge
asset. It takes both knowledge and skill to train people and we have these in
abundance. Imparting employable skills to our entire workforce is not only
highly desirable but highly achievable as well.
All the resources that we have
enumerated—technology, organisation, information, education and skill—are
knowledge-based resources. Knowledge-based resources differ significantly in
character from material resources. While material resources are consumed when
they are utilised, knowledge resources increase when shared. Material resources
are costly to transport and store, whereas knowledge resources are easily
transportable at rapid speed and can be stored at negligible cost.
Historically,
development has occurred under conditions in which access to critical resources
was restricted to a relatively small portion of the population. The distinct
characteristic of knowledge as a resource makes it possible, for the first
time, to spread and share a resource among the entire population. The pace
of India’s future progress will depend to a large extent on its ability to make
available the latest and most useful knowledge to vast sections of the
population.
[Published in Corporate Secretary, Monthly magazine of ICSI, Hyderabad]
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