The Govt Could Block Your Website & Read Your Email – Report On Amendments to IT Act-2008
In what could be termed as government drive to regulate the entire cyber eco-system in the country, the government has issued a draft amendment which could allow it to block websites and Use the act to its comfort. The draft amendments are related to Information Technology (Amendment) Act, 2008, a bill passed in 2008.
In U.S, PATRIOT Act (section- 202) allows the government to intercept wire, oral, and electronic communications relating to computer fraud and abuse offenses although the provisions are less stringent for blocking web access as a whole.
Bone of contentions?
a) Intercept email, under Section 69 of the Act
The Union Home Secretary or the Home Secretary at the state level, but in unavoidable circumstances also a Joint Secretary could provide orders for Intercepting email. In further unavoidable circumstances — in an emergency (not defined) in a remote area (not defined) — a security officer of the rank of an Inspector general of Police can order the interception. They have to get it okayed in a week’s time by a Home Secretary or Joint Secretary or cease intercepting.
This amendment allows I.G.P, rank of the Indian Police Service and equivalent to the Commissioner of Police of a city to Intercept e-mails which they feel are disloyal to the sovereignty of a state.
b) Block websites and web content, under Section 69A
A designated officer of Joint Secretary-level is empowered to handle requests for blocking from departments or individuals. He submits the request to an inter-ministerial committee of Joint Secretaries, including one from the Ministry of Information and Broadcasting. In an emergency, scrutiny by just the designated officer will do, and the final permission has to come from the Secretary, Department of Information Technology.
It would empower government to Block for public access of any information generated, transmitted, received, stored or hosted in a computer resource. In case items pertains to provocation of any intense revulsion across the state.
c) Monitor and collect traffic data relating to a website, Under Section 69B
This amendment could make Site owners more responsible to government agencies for providing information required by them.
d) Set up an Indian Computer Emergency Response Team (CERT-IN), under Section 70B (1).
Any individual,organization or corporate affected by cyber security incidents may report the incident to CERT-In. The complaint can also be filed by an e-mail to incident@cert-in.org.in or through the site – www.cert-in.org.in.
It would see formation of CERT (Computer Emergency Response Team) which shall act as security body for cyber space in India. Essentially, CERT can act fast on cyber issues gripping the large scale enterprises and organizations.
e) Define the liability of Network Service Providers, under Section 79(rule not been posted still under consideration)
This at least gives a leeway to Network Service Providers in India as they can avoid any liability arising out of such revulsion’s caused by content on their servers if they consensually agree to co-operate with government agencies in related matters.
This draft amendments as expected has generated huge bouts of hue and cry in the blogging world, due to the absence of any grievance forum. The decisions of the government would solely rely on the appointed personnel’s although government has pointed that it would turn towards social communities for suggestion but not on a case-by-case basis.
The amendments are clearly tilted towards more stringent action against large scale cyber crimes and online raging cases rather than to prevent small scale frauds, it looks like they are in existence to curtail e-rights of citizens if conditions demand so.
Earlier government started scrutinizing cyber cafe’s which have largely reduced cyber crimes in India despite few mishaps in the beginning. As this is a draft amendment one can comment or give feedback by visiting here.
The thing to look out in future is whether the government stops here or brings similar acts for telecom and other services? Also given this act it could take one small incident for your favourite website to be blocked.. Are you prepared for life without facebook and twitter?
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Good step taken by government.