naavi.org had reported the plight of Belgaum Cyber Cafe owners some time back. After the Cyber Cafe owner's association contacted the senior police officers, it has been reported that the lower officials have been instructed not to harass the Cyber cafe owners. In return, the Cyber cafe owners appear to have taken some measures to advise their clients not to browse Pornographic sites.

Close on the heels of this report, there is a report from Meerut which is reproduced herewith for the information of the public.

Quote:

Sir,
I am an engineer having love for computers so i have choose my hobby as profession and opened a cyber cafe which is having 15 terminal. the said cafe is made on the theme of village with Rajasthan decorum and Madhubani paintings. I have made 5' by
5' ft huts, (please have a view of it on attached photograph village-X6).

I have got a good response and I was happy to establish myself and justifying the huge amount  which i took as a loan from friend and relatives.

But one fine day I came to know via newspaper ( cutting is attached as news.jpg) as per DM Meerut order I have to demolish all the huts otherwise I have to face charges under dhara 144 and  sec 292 /IPC.

I meat personally with DM and try to argue with him that no one in my cafe is promoting porno sites as i have to maintain ambiance of my cafe and even I have placed warning notices regarding porno sites in each huts but in no vain.

He is saying  IT act 2000 Sec 79 is for ISP and not for cyber cafe and he will instruct police to arrest me on showing porno if I didn't demolishes huts. Telling him about personal privacy of user which is essential while surfing e-mail, e-com, chat, resume,
matrimonial sites etc didn't result anything as it was arguing against wall.

Now I am facing a blackmail either I have to close down or demolish cabins and I know by doing it is as equivalent as closer.

Or i let them arrested myself and faces all the charges as I am running a brothel.
I have read your editorial regarding Karnataka cyber cafe episode and i was having a hope ...................

Sir, do you have any judgments specially for cyber cafes justifying sec 79 of IT act. Then I thing I can fight this blackmail.

Hoping for an earlier reply.

Shailendra.

Unquote:

It is sad that time and again Cyber Cafe owners have to face the wrath of the local Police because the law is so vague. Section 79 of the ITA-2000 can be easily extended to the Cyber Cafe owner since Cyber Cafe is an "Intermediary" and provides a "Network Service" to connect the individual to the Cyber world. 

Secondly, section 67 of the ITA-2000 is clear that "Publishing and Distribution" of obscene material in electronic form is punishable. Running a Cyber Cafe does not fall under this category. Also viewing an obscene site may also not be an offense. Excepting maintenance of an Obscene website or sending a mass e-mail containing obscene information, other ways of dealing with information which may be held "Obscene" are not offenses under the law. When there is no crime committed by the viewer, charging the Cyber cafe owner that his instrument was used for committing a "Non Crime" appears ridiculous. 

In view of section 67 and 81 of the Act, it is highly debatable whether offenses falling under section 67 of ITA-2000 can be tried under any other law in force in the country.

It is also not clear if in all the Cyber cafe raids being conducted now, the provisions of section 78 and 80 making it mandatory for a Police officer not below the rank of a DySP to be involved in the patrolling and investigation without warrant.

Lastly it is not clear why the Police seem to be so harsh on this aspect of ITA-2000 when nothing substantial seems to have been achieved in other fields such as Credit Card frauds. Is it because this is an easy way to ensure that the Cyber Cafe owners keep paying "Protection Money" to the local Police man? .

I think that just as the timely intervention of top Police officials in Belgaum seems to have defused the tension there,  top Police officials  in Delhi need to act and instruct their counterparts all over the country not to treat ITA-2000 as a means of collecting the daily "batta". This would destroy the movement of "Cyber Cafe" which is vital for bringing the Internet to the common man and reduce the ill effects of the digital divide.

Simultaneously we also need to think of providing specific protection to Cyber cafe owners by appropriate amendments to the ITA-2000. 

Also the Cyber cafe owner's association all over the country should take up the matter with the Ministry of Information Technology and the Home Ministry so that the owners of Cyber cafe are not unfairly targeted by the local Police.

Naavi
May 1, 2001