     
|
|
 |
|
Indian Information Technology Act
17th Dec 1998 Udhay Shankar N @pobox.com
(Please forward as necessary)
I guess it had to happen sometime. The Powers That Be are
contemplating a NobleLaw (tm) that is apparently broader in scope and
greater in idiocy than anything the congresscritters in the USA could
come up with. Have a look:
http://tbtf.com/resource/India-intercept.html
15 December 1998
This note was sent to me yesterday by Abhay Kushwaha. He forwards
a newspaper story describing a draft bill covering many facets of
Internet policy, including provisions to monitor all Net traffic
passing through any Indian ISP, whether plain-text or encrypted. This
bill portends nothing good for the future of the Internet in India.
Kushwaha adds that he wants to hear what other Indians have to
say about this proposal. Please write to him directly at
<[email protected]>.
Date: Mon, 14 Dec 1998 13:46:36 +0530
To: TBTF
From: "A.S.Kushwaha"
Subject: Indian Information Technology Act, 1998
Dear Keith,
Here is something interesting I read this morning in the
newspaper. Indian goverment is planning to pass a new law - Information Technology
Act, 1998 in which they have not only put the much needed clauses on
copyright, etc. but also mail interception/monitoring, etc. !!
The following is the complete report titled 'Govt. set to police
cyber highways' as it appeared in Indian Express (Chandigarh Edition,
Dec 14, frontpage):
New Delhi, Dec 13
If the BJP has its way with the new Cyber Laws, the government
will be empowered to intercept any Internet message, coded or
otherwise, and keep a tab on all websites created by subscribers. So,
pornographic sites are out, so is Internet telephony.
Set to be introduced in current session Parliament, the new
laws put a government-appointed Central Authority Controller at the
helm of cyber affairs in the country. The draft Bill - to be called
Information Technology Act, 1998 once okayed - has been
finalised by the Department of Electronics (DoE) and sent to the Law
Ministry for clearance. It will then be forwarded to the Cabinet for
approval.
The Act provides for interception of messages coming through
any Internet Services Provider (ISP) and not just through Videsh
Sanchar Nigam Limited (VSNL). In case of encrypted messages,
the onus to decode will rest with the sender. This, DoE sources
said, is to safe-guard the country's security. The Act also entails
the government to issue fresh guidelines on security management.
Intelligence and security agencies - the Central Bureau of
Investigation (CBI), the Intelligence Bureau (IB) and the Research and
Analysis Wing (RAW) - will have dedicated lines to intercept
messages for "valid reasons of security" but will require the
permission of the Central Authority Controller. According to
DoE secretary Ravindra Gupta, the Information Technology Act, 1998
will also ensure security of information. For that, a system of
"distant signature" will be introduced, which is like a user password.
If the user hands over his password to someone else, he will be
liable for punishment.
Sources said the Act will facilitate electronics commerce and
will cover electronic contract, providing for the electronic form to
give legal validity to information.
Moreover, the Act will have comprehensive provisions to tackle
computer offences. This will entail amendment of existing laws
including the Indian Evidence Act, Reserve Bank of India Act,
1934, Banker's Act, Section 29 of the Indian Penal Code, Income Tax
Act and the Copyright Act.
Those accused of computer offences will be tried by special
courts - and not civil courts - to be constituted under the Act. As
for pornographic sites and Internet telephony, it will be the
responsibility of the ISP to ensure that these can't be assessed.
India is among the last countries, even in Asia, to introduce
cyber laws. The process of formulating cyber laws began when the
Commission on Review of Administrative Laws - set up in May -
made a recommendation to the DoE saying such laws were needed
keeping in mind the action plan for information technology.
---end of report---
I'd like to hear what other Indians on your list have to say about
this. Please include my e-mail address: '[email protected]'
[abhay]
(((udhay comments: any more news on this ? I am *hopping* mad but want
more info before I go round the bend. Any of you who receive this and
have info, PLEASE contact me ASAP. Could we possibly, among other
things, put out something like STAND ? http://www.stand.org.uk
To those of you not directly involved in the Indian online scene: you
have been copied FYI )))
~*-,._.,-*~'`^`'~*-,._.,-*~'`^`'~*-,._.,-*~'`^`'~*-,._.,-*~'`^`'~*
Udhay Shankar N, Bangalore, India
http://www.pobox.com/~udhay
finger for public key
