India is
embarking on a major review of the Information Technology Act which was passed
with effect from October 17, 2000. Recent frauds of the Delhi MMS case and
Gurgaon BPO Cases have increased the demand from the media for "Stricter IT
Laws". In this scenario, Naavi.org is presenting a series of suggestions for
the consideration of the MCIT while addressing the amendments and request
comments from the public so that the Ministry will have the benefit of an
opportunity to consider the public views in this regard.
Suggestion
IX: Interception Powers
The powers for
interception given under Section 69 of the act may be expanded to include
a)
Pornographic sites
b) Fraudulent
sites
c) Any other
site that abets commission of any offence in India
Though this is implied in the
section, an amendment to the following effect is recommended.
“The word “Cognizable
Offence” in 69 (1) is recommended to be replaced with “Offence under any law
in India”
And an explanation may be
added to state that
“The term “Interception”
under this section shall include “Blocking” of a site at any of the
intermediaries or mandating of “Display of statutory notices” with the content
displayed either through the intermediaries or otherwise”
The powers under this section
can be exercised by a “Competent Authority” which shall be the Secretary of
Information Technology or Home Affairs.
In order to prevent abuse the
powers of “Interception of Communication” under section 69 of the Act, it is
proposed that
a) A police
officer not below the rank of Superintendent of Police supervising the
investigation of any offence under this Act may submit an application in
writing to the Competent Authority with necessary particulars for an order
authorizing or approving the interception of wire, electronic or oral
communication by the investigating officer when he believes that such
interception may provide, or has provided evidence of any offence involving a
terrorist act.
b) The
permission when granted shall be for a limited time period not exceeding 60
days at a time.
c) The
Competent authority may reject the application of the Police officer if he
does not find sufficient grounds to approve the request.
d) The
competent authority himself has to submit a copy of the order to a review
committee within 7 days for approval.
(Comments
welcome)
Naavi
July 5, 2005
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