We, as Indians have always prided ourself on one thing. It doesn’t matter if we have poor infrastructure, if our government is teeming with corruption, if our sports teams play for money as oppposed to nationalistic fervour; we might not pay much heed to the poverty-stricken who thrive on our streets, and our sense of justice, right and wrong may be modified with a Rs. 100 note, but we ignore all that as mere trivialities in the larger picture of things. After all, compared to what some countries undewent in 300 years of independence, we have done pretty decently in 60 years. Why? We, as a nation may turn a blind eye to the faults listed above because beyond all that fake jingoistic chauvinsim one may present, most Indians know the one thing that they can definitely boast about – the fact that we are a democracy. After 60 years of turmoil, our Election Commission is still dependable, our Judiciary still maintains decently high standards and we have a Free Press. Despite all odds and predictions, we as a nation are still democratic! The very foundation of a democracy comes from the voice of its people, a voice that should not, nay cannot be repressed under any circumstances. We as a nation have always protested against any Orwellian measures that have threatened to down out the din of the common man wanting justice, we as a nation have always stood for free choice, the recent RTI act bears testimony to India’s prowess as a nation for, by and of the people. Hence, it was extremely alarming to see this in the Hindu – news of internet censorship.
In light of terrorist attacks and growing malpractices in the IT world, the Department of IT has enacted a policy which amends the IT Act to make them more effective (supposedly). Mr. Raja, the telecom minister proposed to enact laws that will permit them to do the following :
1) Intercept email, under Section 69 of the Act.
2) Block websites and web content, under Section 69A.
3) Monitor and collect traffic data relating to a website, in the name of ensuring cyber security, and foiling cyber security incidents. Under Section 69B.
4) Set up an Indian Computer Emergency Response Team (CERT-IN), whose constituency “shall be the Indian cyber community”, under Section 70B (1).
5) Define the liability of Network Service Providers, under Section 79.
Basically, under the new IT Act, any Government official or policeman will be able to listen in to all your phone calls, read your SMSs and emails, and monitor the websites you visit. And he will not require any warrant from a magistrate to do so.
The article in full details the scope, juridiction and laws regarding when and by whom the above can be initiated. What is striking, is the lack of definitions. It was Voltaire who remarked, “If we must argue, let us first begin by establishing definitions.” During the formation of our constitution, great heed was paid to the semantics in all the clauses, for it is the spirit of these lines and the appropriateness of the chosen words that alter laws. A similar case history is present in the Indian Telegraph of 1885, where phone tapping was permitted. However, a petition filed in the Supreme Court in 1991 by the People’s Union for Civil Liberties, challenging the constitutional validity of the same claiming phone tapping was against the right to privacy. The extended article is present here.
In December 1996, phone tapping was made illegal as “unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers”. They went on to define them thus: a public emergency was the “prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action”, and public safety “means the state or condition of freedom from danger or risk for the people at large”. Without those two, however “necessary or expedient”, it could not do so. But Section 69 of the amended IT Act drops all references to public emergency or public safety, meaning that the government’s powers have been vastly extended.
Section 69 of the new IT Act enhances the scope from the 2000 version to include interception and monitoring. It also broadens the scope of surveillance to include the investigation of any offence, whether cognisable or not.
Without proper rules in place, without explicit definitions of what crimes a person might commit, and under specific safeguards set to respect and uphold the privacy and the right to opinion of an individual, any such measure is a rightful step towards a totalitarian regime. Can a person by the above be held liable for any negative talks about India done in a chat conversation? Can we criticise our ministers without Big Brother looking down on us? We as a nation allow our government to establish laws on us under the pretext of national security, but only once the basis, necessity, the regulation and checks and balances have been duly explained. Why is the media silent about this? Internet may not be as popular as cricket in India, but surely the above warrants more discussion than us losing the ICC T20? Is the above not in violation of Act 21 of the Constitution? — “no person shall be deprived of his life or personal liberty except according to procedure established by law.”
The act in all its grandeur is present for the perusal of all at this website.
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