With the rapidly increasing use of technology, specially internet and its related applications, it is imperative to factor two important aspects viz.
- technical safety and security considerations and their cost and feasibility,
- the rules and laws governing its use and their enforcement.
When we consider public amenities and services including those provided by private entities like in a mall or bank, these above two factors come into play. While the latter is the prerogative of legislature which is well imbibed in the Constitution, former is left largely to domain experts and then anchored with the legislation.
It is interesting that the executive still presumes its superiorty over technology and approaches it with legislative control. However, with fast changing and proprogating technology, this is not always the best and effective approach as legislation and its execution is a meticulous and time taking process. So what different can be done?
A good starting point could be The Right to Information Act. Other approach could be the fundamental considers with use of technology which must involve technical architects who understand the legal implications and fundamental principles behind any technical architecture.
It may not be possible to go into each and every aspects, but certain fundamentals are differentiating between privacy, secrecy and security, between public good, public choice and public use, between intellectual right, commercial exploit and profiteering.
This is important because open source and commerical use can go concurrently, free software and developer acknowledgement can go together, privacy and public security can go together. This is where fundamental principles of law governing the world come into picture. Legislating it to govern our cyber lives is definitely a challange as it compels to re-look at the same issues of dignity and human rights on the internet which we had thought were already settled in the last century.