The Cyber Cafe regulations announced by TN Police under the TNCP Act, has put
Cyber Cafe owners in Chennai in a dilemma. Should they continue in business?
..or Not?. It is clear from the notification which has drawn inspiration from
the Mumbai and Karnataka Regulations that the conditions indicated are
impractical and can not be fulfilled by any of the Cyber Cafe owners in the
normal course. Many of the conditions are unclear and ambiguous and will place
the cyber cafe owners under doubt as to what is right and what is wrong.
Under the circumstances, it is advisable for Cyber Cafe owners to review
their functioning before deciding to continue to be in business.
Following the incident where an e-mail was sent through a Cyber Cafe in
Tirunelveli suggesting Bombing of the Parliament and the difficulties
experienced by the Police in tracing the sender, Tamil Nadu Police have issued a
notification under the Police Act making it mandatory for Cyber Cafes to
register and obtain license.
The guidelines have been issued under the Tamil Nadu City Police Act 1899 and
the salient features are as follows.
1. Every Browsing Center needs to register and obtain a license. A Copy of the
application form is provided for the purpose.
2. Browsing Center owner has to give an undertaking and an indemnity bond on the
necessary stamp paper before obtaining license.
3. Log Register of visitors needs to be maintained as prescribed and maintained
for three years and provided to the law enforcement authorities on demand.
4. All the computers are to be equipped with software to avoid access to the
websites relating to pornography, obscene, terrorism and other objectionable
materials.
5. ISP certificate, IP address, total bandwidth etc need to be provided to the
competent authority.
6. Information on hardware and storage media of the computers in the Browsing
center shall be supplied to the licensing authority and any replacement, repair
shall be acknowledged to the licensing authority with the code, make and
numbers of the hardware.
7.Owners would be responsible for maintaining the following records for 6
months.
a) Internet Browser Cache
b) Website History
c) Internet Cookies
d) Modem Logs
e) Internet Downloads
f) Proxy logs
g) Other logs created by Network software
i) Personal Identification
8. Every Browser needs to provide a photo identity card. (Children without card
shall be accompanied by an adult with photo identity card). Persons without
photo identity card should be photographed using a web camera and photograph
stored in the hard disk for a minimum period of 3 years.
9. All time clocks should be synchronized to IST
10.Law Enforcement authorities are authorized to check or inspect compliance.
11. Minors shall not be allowed to use cubicles or partitions.
12. Owner should take sufficient precautions so that computers are not used for
any illegal or criminal activity.
13. Officer not below the rank of an Inspector of Police is authorized to check
and inspect the centers.
It is recommended that the Police may review the notification and make it
practical since any regulation which is prima-facie impossible to implement will
breed non compliance and corruption.
