Some recent commentary on the amendments to the Information Technology Act has claimed that the amendments are little different from powers already with the state in the Indian Telegraph Act of 1885, and thus civil-liberties concerns are mistaken. This is not correct. Section 69 of the Information Technology (Amendment) Act 2008, passed by Parliament on December 23, 2008, is far more intrusive than the Indian Telegraph Act of 1885, which was drafted to protect the interests of the British Raj. 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.  

Until the passage of the amended IT Act, phone tapping was governed by Clause 5(2) of the Indian Telegraph Act of 1885, which said that “On the occurrence of any public emergency, or in the interest of the public safety, the Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order”. Other sections of the act mention that the government should formulate “precautions to be taken for preventing the improper interception or disclosure of messages”. Many calls have been made, both inside and outside Parliament, to formulate rules to govern the operation of Clause 5(2). But ever since 1885, no government has formulated any such precautions, since all governments have wanted to retain the right to spy on their opponents unfettered.  

... contd.