NEW DELHI, DEC 13: If the Bharatiya Janata Party (BJP) has its way with the new Cyber Laws, the Government will be empowered to intercept any internet message, coded or otherwise, and keep tabs on all websites created by subscribers. So, pornographic sites are out, as is internet telephony.Set to be introduced in the current session of 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 Service 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 safeguard the country's security. The Act also entailsthe 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 Bankof India Act, 1934, Bankers' 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 Internet Service Provider to ensure that these can't be accessed.
India is among the last countries, even in Asia, to introduce cyber laws.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.