The popularity of mobiles can also be demonstrated by the fact that the total numbers of mobiles in India have far outstripped the total number of landlines in India. People are today on the go. They require devices and mobile handsets which unable them not just to talk but to communicate, exchange notes e-mails help them browse the Internet save their confidential data and information and effectively become the laptop in their pocket. Hence, the mobile devices today are assuming a constantly different scenario. In this regard, it is but natural to expect that laws will sooner or later deal with complicated and emerging legal issues pertaining to the mobile platforms as also mobile data and information.

There is no denying the fact that mobile is a communication device. Further, there is also not denying the fact that a mobile handset performs the functions of a computer. To demonstrate how Mobile Law is emerging in different countries, it is proposed to take the case study of India. India is only second to China, when it comes to the growth of mobile sector in India. Despite the so-called times of recession, there has been so much growth in the mobile sector that mobile companies are adding about 10 million new customers every month. However, India still did not have a dedicated legislation on Mobile Law. India enacted the Information Technology Act 2000, which came into effect on 17th October, 2000. The said legislation was primarily a law meant for promoting e-commerce. However, the said law did define the definition of the term computer.

The way the term computer was defined it was one of the widest possible known definitions of computer. Section 2 (1) (i) of the IT Act states as follows: "Computer" means any electronic, magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.” A perusal of the aforesaid definition clearly shows that mobile handset as well as a mobile device comes within the ambit of a definition of a computer. To examine as to what is the legal definition of mobile, it is now pertinent to extract some definitions of the terms mobile from different sources.

The Definition of mobile phone according to Wikipedia is as follows:-

“A mobile phone (also known as a handphone, wireless phone, cell phone, cellular phone, cellular telephone or cell telephone) is a long-range, electronic device used for mobile voice or data communication over a network of specialized base stations known as cell sites. In addition to the standard voice function of a mobile phone, telephone, current mobile phones may support many additional services, and accessories, such as SMS for text messaging, email, packet switching for access to the Internet, gaming, Bluetooth, infrared, camera with video recorder and MMS for sending and receiving photos and video, MP3 player, radio and GPS. Most current mobile phones connect to a cellular network of base stations (cell sites), which is in turn interconnected to the public switched telephone network (PSTN) (the exception is satellite phones). A mobile phone proper typically has a telephone keypad, more advanced devices have a separate key for each letter. Some mobile phones have a touchscreen.”

The Definition of mobile phone, according to webopedia.com, is as follows:-

“An electronic telecommunications device, often referred to as a cellular phone or cellphone. Mobile phones connect to a wireless communications network through radio wave or satellite transmissions. Most mobile phones provide voice communications, Short Message Service (SMS), Multimedia Message Service (MMS), and newer phones may also provide Internet services such as Web browsing and e-mail.” The perusal of the aforesaid definition clearly shows that mobile device and the mobile handset comes within the definition of the term computer as defined under section 2 (1) (i) of the Information Technology Act 2000. This is so, because a mobile is an electronic magnetic as well as the other high speed data processing device or system which performs logical, arithmetic and memory functions. These functions are performed by manipulations of electronic and magnetic impulses. As such a mobile classifies as the term computer under section 2 (1) (i) of the IT Act 2000.