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Stop the likely/probable misuse of The Information Technology (Amendment) Bill, 2006 to harass innocent citizens / netizens.

Amend the controversial IT (Amendment) Act, 2008

Target:
Hon'ble Supreme Court of India, President, Prime Minister (PM), MHA & MIT
Sponsored by: 

THE INFORMATION TECHNOLOGY(AMENDMENT) BILL, 2006 Bill No. 96 of 2006 (Last petition update: Thu, Mar 26, 2009 @ 09:15 hrs
India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India
Parliament approves cyber crime Bill The Hindu
Email users beware, Big Brother is watching-India-The Times of India 
New law will let govt snoop on your PC - Economic Times - Dec 25, 2008
EDITORIAL COMMENT | Licence To Snoop Times of India Dec 28, 2008 
Accidental porn surfing can get you five years jail Herald Publications, 28 Dec 2008
technology - Bill gives Centre right to spy on e-mail
India's Information Technology (Amendment) Bill Passed By Lok...
Big Brother (Government of India or GOI) could really be watching.

Messages can be intercepted to investigate any offence

The Information Technology (Amendment) Bill, 2006 that was passed by Parliament on December 28, 2008 allows the government to intercept messages from mobile phones, computers and other communication devices to investigate 'any offence'.

Unauthorised interceptions could soon become common
With Parliament on Tuesday, December 28, 2008 passing a bill, which stipulates life imprisonment for those indulging in cyber terrorism and giving the government endless power to "intercept or monitor any information through any computer resource," experts/we fear that "unauthorised interceptions could soon become common".

Introduced after the terrorist attacks in Mumbai, the government sees this legislation as instrumental in fighting terrorism. This Bill is a hurried reaction to 26/11 (Mumbai Carnage).

Monitoring of all online activity
Since the terrorists have used the ease and relative anonymity of the Internet to plan and execute attacks, the government's decided to monitor all online activity.

The government's move to bring in new provisions to tackle cyber terrorism comes after repeated instances of terrorists using the web to propagate mayhem and claim responsibility after every act.

Absolute power over all information transmitted
This legislation goes beyond merely infringing the right to privacy of an ordinary citizen. The provisions of this Act unfortunately give the state absolute power over information transmitted through computer systems.

Where the Act earlier allowed the government to intercept and monitor any information transmitted through computer systems in the national interest, the amendment expands the government's powers to include 'any offence'.

All personal contents of computers and emails under scrutiny
This unfortunately means that e-mails, text messages and the contents of one's computer are all fair game as far as the government is concerned.

Our emails or the personal contents of our computers could soon be under the government's scrutiny without our knowledge.

Censorship
The amended Act or Bill also grants/empowers the state/government with absolute power to block access to any website in the national interest, which could lead to censorship.

Ambiguous and vague provisions are open to misuse
Several ambiguous provisions like those prescribing punishment for the transmission of any sexually explicit material electronically, quite separate from the measure dealing with child pornography, are too vague and open to misuse.

Punishment for accidentally browsing pornography
The Bill was passed by Parliament without debate with as many as 45 amendments in the original Act treats both purveyors of pornography and recipients on equal footing.

Browsing or downloading pornography on the Internet even accidentally / unknowingly / unintentionally may send anyone behind the bars for five years with a fine that may go up to Rs 10 lakhs, the term raised to seven years on second conviction.

Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.

The subtitle may mislead us that just the act of browsing won't be punishable, but the details cover everything: Creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to an online relationship.

If any of these are found on anyone's computers, the onus is on him/her to establish that those depicted are not children, defined as persons who have not completed the age of 18 years or else s/he will be punished even if s/he not retransmitted or exchanged them with anybody.

Spying based on people based on their religion or political affiliation
The potential for misuse of these powers stipulated by the bill for political gains can't be ruled out. This could be an invitation to the government to spy on people based on their religion or political affiliation.

Liable to misuse
Lack of independent oversight makes these powers liable to misuse. Perhaps the most alarming aspect of the Bill is that it fails to put in place a safeguard mechanism that can prevent the state from misusing this Act.

Because the bill states that safeguards would be stipulated at a later date, it would clamp down on civil liberties right away. The Bill only says that safeguards will be stipulated at a later date, which is clearly insufficient.

Police Inspector can arrest without any warrant
It gives wide powers to authorities that a computer user may realise only when he is hauled up. The worst is that an inspector can raid and haul us up without warrant.

In the original Act enacted in 2000, this power was vested in the officer not below the rank of deputy superintendent of police or DySP.

Some sites automatically open with pornographic pictures / images / photos that may leave footprints in anyone's computers that will be enough for an inspector to arrest and prosecute anyone.

SURVEILLANCE: The inspector may not even knock at our door to check a variety of computer crimes for which we may be booked as another section of the Bill provides for any government agency to interrupt, monitor or decrypt any information generated, transmitted, received or stored in any computer.

Safeguards against misuse of this kind of electronic surveillance?
The Bill does not detail them but leaves them to be formulated later as it says the procedures and safeguards "shall be such as may be prescribed."

Same kind of uncertainty has been kept in the provision that empowers monitoring of the Internet traffic for cyber security.

CYBER TERRORISM: Introducing any 'contaminant' in a computer or network is covered in the new category of the cyber terrorism described in the Bill that will attract imprisonment that may extend to life term since it claims such conduct causes or is likely to cause death or injuries to persons or damages to or destruction of property.

It unfortunately does not explain how precisely/exactly and in what way a computer crime can / could cause death or injuries.

Computer contaminant has been defined any set of computer instructions that are designed to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network or usurps the normal operation of the computer, computer system or network and as such includes Trojans and viruses that are lurking in a menacingly increasing number.

Computer experts say there are many such contaminants that sneak into a computer and then start sending emails and offensive material to all and sundry.

The person may not be able to explain such transmissions from his computer and yet he will be faulted and punished with three years of jail and fine up to Rs 5 lakhs in first instance and with five years in jail and fine up to Rs 10 lakhs for subsequent conviction if any material goes out of his computer that is lascivious or appeals to the prurient interest or deprives and corrupts persons.

If the material contains a sexually explicit act, the punishment shall be still harsher: Five years in jail and fine up to Rs 10 lakhs, which may be extended to 10 years of jail term in the case of subsequent conviction.

EMAILS and SMSs/SMSes: The Bill also provides for punishment with the jail term up to three years and fine for sending through computer or any communication device, including mobile phone, any information that is grossly offensive or has menacing character or he knows it to be false but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will or any electronic mail or message to cause annoyance or inconvenience or to deceive or mislead the addressee or recipient.

IT experts say such acts definitely deserve punishment but there is no protection provided for viruses entering into a computer and taking over transmission of such messages and information.

----------------------------------------------------------------------------------------------
The Intelligence Bureau (IB) has prepared a list of new keywords w.e.f. December 2001 that are being used to intercept mails emanating from IP addresses in India.

This move came after investigations had revealed that Mohammad alias 'Burger,' who led the Parliament attack, was in constant touch with his counterparts in Pakistan as well as within India through email.

A laptop was recovered from the terrorists as well, the contents of which are/were under investigation.

The IB earlier reported that terrorists connected to the Lashkar-E-Taiba or Lashkar-E-Toiba or LeT and the Jaish-E-Mohammed or JeM are tech-savvy.

Till now, the IB had concentrated more on email IDs with reference to obvious giveaways such as Kashmir, Lashkar, Pakistan, Musharraf etc. for example, an email id such as lashkar@hotmail.com should be under the surveillance of the IB.

The IB has now gone further and prepared a new list of keywords used in the copy of mails that will be intercepted.

The system works like this: a software filters mails that repeatedly use the words that the IB has shortlisted.

The more obvious keywords would include Jaish, Kashmir, Lashkar, Jihad/Jehad, J&K. Others are attack, kill, rocket. Mails with repeated reference to Arab names will also be under surveillance.

Emails that carry names of Indian political leaders will also be under surveillance. However, the software can't decipher code words since they can be common words.

Interestingly, the CIA is using the same software with a good success rate. Mails that have several references to the keywords that have been identified are being monitored.

===================================================
Sections that are most likely to be misused have been reproduced below:

(Substitution of new sections for sections 66 and 67)
For sections 66 and 67 of the principal Act, the following sections shall be
substituted, namely:-

'66. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees or with both. (Computer related offences)

Explanation.-For the purposes of this section,-
(a) the word -dishonestly- shall have the meaning assigned to it in section 24 of the Indian Penal Code;
(b) the word -fraudulently- shall have the meaning assigned to it in section 25 of the Indian Penal Code.

(Punishment for sending offensive messages through communication service, etc.)
66A. Any person who sends, by means of a computer resource or a communication device,-

(a) any content that is grossly offensive or has menacing character; or

(b) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently makes use of such computer resource or a communication device, shall be punishable with imprisonment for a term which may extend to two years and with fine.

Explanation.-For the purposes of this section, the term -communication device-means cell phones, personal digital assistance (PDA) or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.

(Punishment for publishing or transmitting obscene material in electronic form.)
67. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

(Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.)
67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

(Substitution of new section for section 69-Power to issue directions for interception or monitoring or decryption of any information through any computer resource.)
For section 69 of the principal Act, the following section shall be substituted, namely:-

"69. (1) Where the Central Government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government to intercept or monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource.

(2) The Central Government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be.

(3) The subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency which has been directed under subsection (1), extend all facilities and technical assistance to-
(a) provide access to the computer resource containing such information;
(b) intercept or monitor or decrypt the information;
(c) provide information contained in computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years.".

(Insertion of new section 84C-Punishment for attempt to commit offences)
84C. Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
----------------------------------------------------------------------------------------------

India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India Feb 06, 2009

http://www.sacw.net/article606.html

http://www.indianexpress.com/news/yes-snoopings-allowed/419978/

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 our phone calls, read our SMSs and emails, and monitor the websites we 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.

A writ petition was filed in the Supreme Court in 1991 by the People's Union for Civil Liberties, challenging the constitutional validity of Clause 5(2). The petition argued that it infringed the constitutional right to freedom of speech and expression and to life and personal liberty.

In December 1996, the Supreme Court delivered its judgment: it pointed out that "unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers" given them under 5(2).

They went on to define them thus: a public emergency was the "prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action", and public safety "means the state or condition of freedom from danger or risk for the people at large".

Without those two, however "necessary or expedient", it could not do so.


But Section 69 of the amended IT Act drops all references to public emergency or public safety, meaning that the government's powers have been vastly extended. The earlier IT Act of 2000 mentioned only decryption of messages; interception and monitoring were not mentioned at all.

Section 69 of the new IT Act enhances the scope from the 2000 version to include interception and monitoring. It also broadens the scope of surveillance to include the investigation of any offence, whether cognisable or not.


In view of the many incidents of tapping of the phones of politicians, the Supreme Court in the PUCL case laid out procedures and guidelines to protect citizens against the arbitrary exercise of power by the government.

But this judgement as well as the relevant sections of the Telegraph Act have become infructuous with the passage of the amended IT Act, since the latter has overriding effect.

And what of the safeguards in the act? Well, when the Government has not formulated any safeguards to Section 5 of the Telegraph Act since Independence, it is unrealistic to expect it to formulate any safeguards under Section 69 (2) of the amended IT Act - especially in view of the prevailing terrorism situation.

Until suitable safeguards are in place, Section 69 of the Information Technology (Amendment) Act of 2008 appears to be in violation of Article 21 of the Constitution - "no person shall be deprived of his life or personal liberty except according to procedure established by law."

It is unfortunate that a democratic and independent India has passed a law which is far more detrimental to personal liberty than the British Raj did.

This Act was bound to infringe on civil liberties like right to privacy or right to anonymous communication with legitimate purposes, because no safeguards had been put in place to prevent such abuse.

This country (India) may please do some careful thinking about the right balance between national security and civil liberties.

While we're concerned about national security, we don't want these interception mechanisms to become a handle for misuse.

There's to be a proper balance between contradictory subjects of interception and privacy. So safeguards are critical.

There is no effective remedy or mechanism to appeal against unauthorised interception.

The government now has the sovereign and blanket power to intercept or peep into any electronic communication of even legitimate citizens.

An independent authority may please be set up at the earliest to review complaints of unauthorised / illegal interceptions.

Therefore, the amendment of this Act at the earliest is the only solution to prevent its abuse/misuse.

----------------------------------------------------------------------------------------------
This petition's been addressed to:
The Hon'ble Supreme Court of India, President, Prime Minister (PM), Ministry of Information Technology (MIT), Ministry of Home Affairs (MHA) & Ministry of Law.

THE INFORMATION TECHNOLOGY(AMENDMENT) BILL, 2006 Bill No. 96 of 2006 (Last petition update: Thu, Mar 26, 2009 @ 09:15 hrs
India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India
Parliament approves cyber crime Bill The Hindu
Email users beware, Big Brother is watching-India-The Times of India 
New law will let govt snoop on your PC - Economic Times - Dec 25, 2008
EDITORIAL COMMENT | Licence To Snoop Times of India Dec 28, 2008 
Accidental porn surfing can get you five years jail Herald Publications, 28 Dec 2008
technology - Bill gives Centre right to spy on e-mail
India's Information Technology (Amendment) Bill Passed By Lok...
Big Brother (Government of India or GOI) could really be watching.

Messages can be intercepted to investigate any offence

The Information Technology (Amendment) Bill, 2006 that was passed by Parliament on December 28, 2008 allows the government to intercept messages from mobile phones, computers and other communication devices to investigate 'any offence'.

Unauthorised interceptions could soon become common
With Parliament on Tuesday, December 28, 2008 passing a bill, which stipulates life imprisonment for those indulging in cyber terrorism and giving the government endless power to "intercept or monitor any information through any computer resource," experts/we fear that "unauthorised interceptions could soon become common".

Introduced after the terrorist attacks in Mumbai, the government sees this legislation as instrumental in fighting terrorism. This Bill is a hurried reaction to 26/11 (Mumbai Carnage).

Monitoring of all online activity
Since the terrorists have used the ease and relative anonymity of the Internet to plan and execute attacks, the government's decided to monitor all online activity.

The government's move to bring in new provisions to tackle cyber terrorism comes after repeated instances of terrorists using the web to propagate mayhem and claim responsibility after every act.

Absolute power over all information transmitted
This legislation goes beyond merely infringing the right to privacy of an ordinary citizen. The provisions of this Act unfortunately give the state absolute power over information transmitted through computer systems.

Where the Act earlier allowed the government to intercept and monitor any information transmitted through computer systems in the national interest, the amendment expands the government's powers to include 'any offence'.

All personal contents of computers and emails under scrutiny
This unfortunately means that e-mails, text messages and the contents of one's computer are all fair game as far as the government is concerned.

Our emails or the personal contents of our computers could soon be under the government's scrutiny without our knowledge.

Censorship
The amended Act or Bill also grants/empowers the state/government with absolute power to block access to any website in the national interest, which could lead to censorship.

Ambiguous and vague provisions are open to misuse
Several ambiguous provisions like those prescribing punishment for the transmission of any sexually explicit material electronically, quite separate from the measure dealing with child pornography, are too vague and open to misuse.

Punishment for accidentally browsing pornography
The Bill was passed by Parliament without debate with as many as 45 amendments in the original Act treats both purveyors of pornography and recipients on equal footing.

Browsing or downloading pornography on the Internet even accidentally / unknowingly / unintentionally may send anyone behind the bars for five years with a fine that may go up to Rs 10 lakhs, the term raised to seven years on second conviction.

Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.

The subtitle may mislead us that just the act of browsing won't be punishable, but the details cover everything: Creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to an online relationship.

If any of these are found on anyone's computers, the onus is on him/her to establish that those depicted are not children, defined as persons who have not completed the age of 18 years or else s/he will be punished even if s/he not retransmitted or exchanged them with anybody.

Spying based on people based on their religion or political affiliation
The potential for misuse of these powers stipulated by the bill for political gains can't be ruled out. This could be an invitation to the government to spy on people based on their religion or political affiliation.

Liable to misuse
Lack of independent oversight makes these powers liable to misuse. Perhaps the most alarming aspect of the Bill is that it fails to put in place a safeguard mechanism that can prevent the state from misusing this Act.

Because the bill states that safeguards would be stipulated at a later date, it would clamp down on civil liberties right away. The Bill only says that safeguards will be stipulated at a later date, which is clearly insufficient.

Police Inspector can arrest without any warrant
It gives wide powers to authorities that a computer user may realise only when he is hauled up. The worst is that an inspector can raid and haul us up without warrant.

In the original Act enacted in 2000, this power was vested in the officer not below the rank of deputy superintendent of police or DySP.

Some sites automatically open with pornographic pictures / images / photos that may leave footprints in anyone's computers that will be enough for an inspector to arrest and prosecute anyone.

SURVEILLANCE: The inspector may not even knock at our door to check a variety of computer crimes for which we may be booked as another section of the Bill provides for any government agency to interrupt, monitor or decrypt any information generated, transmitted, received or stored in any computer.

Safeguards against misuse of this kind of electronic surveillance?
The Bill does not detail them but leaves them to be formulated later as it says the procedures and safeguards "shall be such as may be prescribed."

Same kind of uncertainty has been kept in the provision that empowers monitoring of the Internet traffic for cyber security.

CYBER TERRORISM: Introducing any 'contaminant' in a computer or network is covered in the new category of the cyber terrorism described in the Bill that will attract imprisonment that may extend to life term since it claims such conduct causes or is likely to cause death or injuries to persons or damages to or destruction of property.

It unfortunately does not explain how precisely/exactly and in what way a computer crime can / could cause death or injuries.

Computer contaminant has been defined any set of computer instructions that are designed to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network or usurps the normal operation of the computer, computer system or network and as such includes Trojans and viruses that are lurking in a menacingly increasing number.

Computer experts say there are many such contaminants that sneak into a computer and then start sending emails and offensive material to all and sundry.

The person may not be able to explain such transmissions from his computer and yet he will be faulted and punished with three years of jail and fine up to Rs 5 lakhs in first instance and with five years in jail and fine up to Rs 10 lakhs for subsequent conviction if any material goes out of his computer that is lascivious or appeals to the prurient interest or deprives and corrupts persons.

If the material contains a sexually explicit act, the punishment shall be still harsher: Five years in jail and fine up to Rs 10 lakhs, which may be extended to 10 years of jail term in the case of subsequent conviction.

EMAILS and SMSs/SMSes: The Bill also provides for punishment with the jail term up to three years and fine for sending through computer or any communication device, including mobile phone, any information that is grossly offensive or has menacing character or he knows it to be false but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will or any electronic mail or message to cause annoyance or inconvenience or to deceive or mislead the addressee or recipient.

IT experts say such acts definitely deserve punishment but there is no protection provided for viruses entering into a computer and taking over transmission of such messages and information.

----------------------------------------------------------------------------------------------
The Intelligence Bureau (IB) has prepared a list of new keywords w.e.f. December 2001 that are being used to intercept mails emanating from IP addresses in India.

This move came after investigations had revealed that Mohammad alias 'Burger,' who led the Parliament attack, was in constant touch with his counterparts in Pakistan as well as within India through email.

A laptop was recovered from the terrorists as well, the contents of which are/were under investigation.

The IB earlier reported that terrorists connected to the Lashkar-E-Taiba or Lashkar-E-Toiba or LeT and the Jaish-E-Mohammed or JeM are tech-savvy.

Till now, the IB had concentrated more on email IDs with reference to obvious giveaways such as Kashmir, Lashkar, Pakistan, Musharraf etc. for example, an email id such as lashkar@hotmail.com should be under the surveillance of the IB.

The IB has now gone further and prepared a new list of keywords used in the copy of mails that will be intercepted.

The system works like this: a software filters mails that repeatedly use the words that the IB has shortlisted.

The more obvious keywords would include Jaish, Kashmir, Lashkar, Jihad/Jehad, J&K. Others are attack, kill, rocket. Mails with repeated reference to Arab names will also be under surveillance.

Emails that carry names of Indian political leaders will also be under surveillance. However, the software can't decipher code words since they can be common words.

Interestingly, the CIA is using the same software with a good success rate. Mails that have several references to the keywords that have been identified are being monitored.

===================================================
Sections that are most likely to be misused have been reproduced below:

(Substitution of new sections for sections 66 and 67)
For sections 66 and 67 of the principal Act, the following sections shall be
substituted, namely:-

'66. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees or with both. (Computer related offences)

Explanation.-For the purposes of this section,-
(a) the word -dishonestly- shall have the meaning assigned to it in section 24 of the Indian Penal Code;
(b) the word -fraudulently- shall have the meaning assigned to it in section 25 of the Indian Penal Code.

(Punishment for sending offensive messages through communication service, etc.)
66A. Any person who sends, by means of a computer resource or a communication device,-

(a) any content that is grossly offensive or has menacing character; or

(b) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently makes use of such computer resource or a communication device, shall be punishable with imprisonment for a term which may extend to two years and with fine.

Explanation.-For the purposes of this section, the term -communication device-means cell phones, personal digital assistance (PDA) or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.

(Punishment for publishing or transmitting obscene material in electronic form.)
67. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

(Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.)
67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

(Substitution of new section for section 69-Power to issue directions for interception or monitoring or decryption of any information through any computer resource.)
For section 69 of the principal Act, the following section shall be substituted, namely:-

"69. (1) Where the Central Government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government to intercept or monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource.

(2) The Central Government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be.

(3) The subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency which has been directed under subsection (1), extend all facilities and technical assistance to-
(a) provide access to the computer resource containing such information;
(b) intercept or monitor or decrypt the information;
(c) provide information contained in computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years.".

(Insertion of new section 84C-Punishment for attempt to commit offences)
84C. Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
----------------------------------------------------------------------------------------------

India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India Feb 06, 2009

http://www.sacw.net/article606.html

http://www.indianexpress.com/news/yes-snoopings-allowed/419978/

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 our phone calls, read our SMSs and emails, and monitor the websites we 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.

A writ petition was filed in the Supreme Court in 1991 by the People's Union for Civil Liberties, challenging the constitutional validity of Clause 5(2). The petition argued that it infringed the constitutional right to freedom of speech and expression and to life and personal liberty.

In December 1996, the Supreme Court delivered its judgment: it pointed out that "unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers" given them under 5(2).

They went on to define them thus: a public emergency was the "prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action", and public safety "means the state or condition of freedom from danger or risk for the people at large".

Without those two, however "necessary or expedient", it could not do so.


But Section 69 of the amended IT Act drops all references to public emergency or public safety, meaning that the government's powers have been vastly extended. The earlier IT Act of 2000 mentioned only decryption of messages; interception and monitoring were not mentioned at all.

Section 69 of the new IT Act enhances the scope from the 2000 version to include interception and monitoring. It also broadens the scope of surveillance to include the investigation of any offence, whether cognisable or not.


In view of the many incidents of tapping of the phones of politicians, the Supreme Court in the PUCL case laid out procedures and guidelines to protect citizens against the arbitrary exercise of power by the government.

But this judgement as well as the relevant sections of the Telegraph Act have become infructuous with the passage of the amended IT Act, since the latter has overriding effect.

And what of the safeguards in the act? Well, when the Government has not formulated any safeguards to Section 5 of the Telegraph Act since Independence, it is unrealistic to expect it to formulate any safeguards under Section 69 (2) of the amended IT Act - especially in view of the prevailing terrorism situation.

Until suitable safeguards are in place, Section 69 of the Information Technology (Amendment) Act of 2008 appears to be in violation of Article 21 of the Constitution - "no person shall be deprived of his life or personal liberty except according to procedure established by law."

It is unfortunate that a democratic and independent India has passed a law which is far more detrimental to personal liberty than the British Raj did.

This Act was bound to infringe on civil liberties like right to privacy or right to anonymous communication with legitimate purposes, because no safeguards had been put in place to prevent such abuse.

This country (India) may please do some careful thinking about the right balance between national security and civil liberties.

While we're concerned about national security, we don't want these interception mechanisms to become a handle for misuse.

There's to be a proper balance between contradictory subjects of interception and privacy. So safeguards are critical.

There is no effective remedy or mechanism to appeal against unauthorised interception.

The government now has the sovereign and blanket power to intercept or peep into any electronic communication of even legitimate citizens.

An independent authority may please be set up at the earliest to review complaints of unauthorised / illegal interceptions.

Therefore, the amendment of this Act at the earliest is the only solution to prevent its abuse/misuse.

----------------------------------------------------------------------------------------------
This petition's been addressed to:
The Hon'ble Supreme Court of India, President, Prime Minister (PM), Ministry of Information Technology (MIT), Ministry of Home Affairs (MHA) & Ministry of Law.

THE INFORMATION TECHNOLOGY(AMENDMENT) BILL, 2006 Bill No. 96 of 2006 (Last petition update: Thu, Mar 26, 2009 @ 09:15 hrs
India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India
Parliament approves cyber crime Bill The Hindu
Email users beware, Big Brother is watching-India-The Times of India 
New law will let govt snoop on your PC - Economic Times - Dec 25, 2008
EDITORIAL COMMENT | Licence To Snoop Times of India Dec 28, 2008 
Accidental porn surfing can get you five years jail Herald Publications, 28 Dec 2008
technology - Bill gives Centre right to spy on e-mail
India's Information Technology (Amendment) Bill Passed By Lok...
Big Brother (Government of India or GOI) could really be watching.

Messages can be intercepted to investigate any offence

The Information Technology (Amendment) Bill, 2006 that was passed by Parliament on December 28, 2008 allows the government to intercept messages from mobile phones, computers and other communication devices to investigate 'any offence'.

Unauthorised interceptions could soon become common
With Parliament on Tuesday, December 28, 2008 passing a bill, which stipulates life imprisonment for those indulging in cyber terrorism and giving the government endless power to "intercept or monitor any information through any computer resource," experts/we fear that "unauthorised interceptions could soon become common".

Introduced after the terrorist attacks in Mumbai, the government sees this legislation as instrumental in fighting terrorism. This Bill is a hurried reaction to 26/11 (Mumbai Carnage).

Monitoring of all online activity
Since the terrorists have used the ease and relative anonymity of the Internet to plan and execute attacks, the government's decided to monitor all online activity.

The government's move to bring in new provisions to tackle cyber terrorism comes after repeated instances of terrorists using the web to propagate mayhem and claim responsibility after every act.

Absolute power over all information transmitted
This legislation goes beyond merely infringing the right to privacy of an ordinary citizen. The provisions of this Act unfortunately give the state absolute power over information transmitted through computer systems.

Where the Act earlier allowed the government to intercept and monitor any information transmitted through computer systems in the national interest, the amendment expands the government's powers to include 'any offence'.

All personal contents of computers and emails under scrutiny
This unfortunately means that e-mails, text messages and the contents of one's computer are all fair game as far as the government is concerned.

Our emails or the personal contents of our computers could soon be under the government's scrutiny without our knowledge.

Censorship
The amended Act or Bill also grants/empowers the state/government with absolute power to block access to any website in the national interest, which could lead to censorship.

Ambiguous and vague provisions are open to misuse
Several ambiguous provisions like those prescribing punishment for the transmission of any sexually explicit material electronically, quite separate from the measure dealing with child pornography, are too vague and open to misuse.

Punishment for accidentally browsing pornography
The Bill was passed by Parliament without debate with as many as 45 amendments in the original Act treats both purveyors of pornography and recipients on equal footing.

Browsing or downloading pornography on the Internet even accidentally / unknowingly / unintentionally may send anyone behind the bars for five years with a fine that may go up to Rs 10 lakhs, the term raised to seven years on second conviction.

Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.

The subtitle may mislead us that just the act of browsing won't be punishable, but the details cover everything: Creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or cultivates, entices or induces children to an online relationship.

If any of these are found on anyone's computers, the onus is on him/her to establish that those depicted are not children, defined as persons who have not completed the age of 18 years or else s/he will be punished even if s/he not retransmitted or exchanged them with anybody.

Spying based on people based on their religion or political affiliation
The potential for misuse of these powers stipulated by the bill for political gains can't be ruled out. This could be an invitation to the government to spy on people based on their religion or political affiliation.

Liable to misuse
Lack of independent oversight makes these powers liable to misuse. Perhaps the most alarming aspect of the Bill is that it fails to put in place a safeguard mechanism that can prevent the state from misusing this Act.

Because the bill states that safeguards would be stipulated at a later date, it would clamp down on civil liberties right away. The Bill only says that safeguards will be stipulated at a later date, which is clearly insufficient.

Police Inspector can arrest without any warrant
It gives wide powers to authorities that a computer user may realise only when he is hauled up. The worst is that an inspector can raid and haul us up without warrant.

In the original Act enacted in 2000, this power was vested in the officer not below the rank of deputy superintendent of police or DySP.

Some sites automatically open with pornographic pictures / images / photos that may leave footprints in anyone's computers that will be enough for an inspector to arrest and prosecute anyone.

SURVEILLANCE: The inspector may not even knock at our door to check a variety of computer crimes for which we may be booked as another section of the Bill provides for any government agency to interrupt, monitor or decrypt any information generated, transmitted, received or stored in any computer.

Safeguards against misuse of this kind of electronic surveillance?
The Bill does not detail them but leaves them to be formulated later as it says the procedures and safeguards "shall be such as may be prescribed."

Same kind of uncertainty has been kept in the provision that empowers monitoring of the Internet traffic for cyber security.

CYBER TERRORISM: Introducing any 'contaminant' in a computer or network is covered in the new category of the cyber terrorism described in the Bill that will attract imprisonment that may extend to life term since it claims such conduct causes or is likely to cause death or injuries to persons or damages to or destruction of property.

It unfortunately does not explain how precisely/exactly and in what way a computer crime can / could cause death or injuries.

Computer contaminant has been defined any set of computer instructions that are designed to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network or usurps the normal operation of the computer, computer system or network and as such includes Trojans and viruses that are lurking in a menacingly increasing number.

Computer experts say there are many such contaminants that sneak into a computer and then start sending emails and offensive material to all and sundry.

The person may not be able to explain such transmissions from his computer and yet he will be faulted and punished with three years of jail and fine up to Rs 5 lakhs in first instance and with five years in jail and fine up to Rs 10 lakhs for subsequent conviction if any material goes out of his computer that is lascivious or appeals to the prurient interest or deprives and corrupts persons.

If the material contains a sexually explicit act, the punishment shall be still harsher: Five years in jail and fine up to Rs 10 lakhs, which may be extended to 10 years of jail term in the case of subsequent conviction.

EMAILS and SMSs/SMSes: The Bill also provides for punishment with the jail term up to three years and fine for sending through computer or any communication device, including mobile phone, any information that is grossly offensive or has menacing character or he knows it to be false but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will or any electronic mail or message to cause annoyance or inconvenience or to deceive or mislead the addressee or recipient.

IT experts say such acts definitely deserve punishment but there is no protection provided for viruses entering into a computer and taking over transmission of such messages and information.

----------------------------------------------------------------------------------------------
The Intelligence Bureau (IB) has prepared a list of new keywords w.e.f. December 2001 that are being used to intercept mails emanating from IP addresses in India.

This move came after investigations had revealed that Mohammad alias 'Burger,' who led the Parliament attack, was in constant touch with his counterparts in Pakistan as well as within India through email.

A laptop was recovered from the terrorists as well, the contents of which are/were under investigation.

The IB earlier reported that terrorists connected to the Lashkar-E-Taiba or Lashkar-E-Toiba or LeT and the Jaish-E-Mohammed or JeM are tech-savvy.

Till now, the IB had concentrated more on email IDs with reference to obvious giveaways such as Kashmir, Lashkar, Pakistan, Musharraf etc. for example, an email id such as lashkar@hotmail.com should be under the surveillance of the IB.

The IB has now gone further and prepared a new list of keywords used in the copy of mails that will be intercepted.

The system works like this: a software filters mails that repeatedly use the words that the IB has shortlisted.

The more obvious keywords would include Jaish, Kashmir, Lashkar, Jihad/Jehad, J&K. Others are attack, kill, rocket. Mails with repeated reference to Arab names will also be under surveillance.

Emails that carry names of Indian political leaders will also be under surveillance. However, the software can't decipher code words since they can be common words.

Interestingly, the CIA is using the same software with a good success rate. Mails that have several references to the keywords that have been identified are being monitored.

===================================================
Sections that are most likely to be misused have been reproduced below:

(Substitution of new sections for sections 66 and 67)
For sections 66 and 67 of the principal Act, the following sections shall be
substituted, namely:-

'66. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees or with both. (Computer related offences)

Explanation.-For the purposes of this section,-
(a) the word -dishonestly- shall have the meaning assigned to it in section 24 of the Indian Penal Code;
(b) the word -fraudulently- shall have the meaning assigned to it in section 25 of the Indian Penal Code.

(Punishment for sending offensive messages through communication service, etc.)
66A. Any person who sends, by means of a computer resource or a communication device,-

(a) any content that is grossly offensive or has menacing character; or

(b) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently makes use of such computer resource or a communication device, shall be punishable with imprisonment for a term which may extend to two years and with fine.

Explanation.-For the purposes of this section, the term -communication device-means cell phones, personal digital assistance (PDA) or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.

(Punishment for publishing or transmitting obscene material in electronic form.)
67. Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

(Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.)
67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

(Substitution of new section for section 69-Power to issue directions for interception or monitoring or decryption of any information through any computer resource.)
For section 69 of the principal Act, the following section shall be substituted, namely:-

"69. (1) Where the Central Government is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government to intercept or monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource.

(2) The Central Government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be.

(3) The subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency which has been directed under subsection (1), extend all facilities and technical assistance to-
(a) provide access to the computer resource containing such information;
(b) intercept or monitor or decrypt the information;
(c) provide information contained in computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years.".

(Insertion of new section 84C-Punishment for attempt to commit offences)
84C. Whoever attempts to commit an offence punishable by this Act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
----------------------------------------------------------------------------------------------

India: Section 69 of the Information Technology (Amendment) Act 2008 Violates The Constitution of India Feb 06, 2009

http://www.sacw.net/article606.html

http://www.indianexpress.com/news/yes-snoopings-allowed/419978/

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 our phone calls, read our SMSs and emails, and monitor the websites we 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.

A writ petition was filed in the Supreme Court in 1991 by the People's Union for Civil Liberties, challenging the constitutional validity of Clause 5(2). The petition argued that it infringed the constitutional right to freedom of speech and expression and to life and personal liberty.

In December 1996, the Supreme Court delivered its judgment: it pointed out that "unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers" given them under 5(2).

They went on to define them thus: a public emergency was the "prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action", and public safety "means the state or condition of freedom from danger or risk for the people at large".

Without those two, however "necessary or expedient", it could not do so.


But Section 69 of the amended IT Act drops all references to public emergency or public safety, meaning that the government's powers have been vastly extended. The earlier IT Act of 2000 mentioned only decryption of messages; interception and monitoring were not mentioned at all.

Section 69 of the new IT Act enhances the scope from the 2000 version to include interception and monitoring. It also broadens the scope of surveillance to include the investigation of any offence, whether cognisable or not.


In view of the many incidents of tapping of the phones of politicians, the Supreme Court in the PUCL case laid out procedures and guidelines to protect citizens against the arbitrary exercise of power by the government.

But this judgement as well as the relevant sections of the Telegraph Act have become infructuous with the passage of the amended IT Act, since the latter has overriding effect.

And what of the safeguards in the act? Well, when the Government has not formulated any safeguards to Section 5 of the Telegraph Act since Independence, it is unrealistic to expect it to formulate any safeguards under Section 69 (2) of the amended IT Act - especially in view of the prevailing terrorism situation.

Until suitable safeguards are in place, Section 69 of the Information Technology (Amendment) Act of 2008 appears to be in violation of Article 21 of the Constitution - "no person shall be deprived of his life or personal liberty except according to procedure established by law."

It is unfortunate that a democratic and independent India has passed a law which is far more detrimental to personal liberty than the British Raj did.

This Act was bound to infringe on civil liberties like right to privacy or right to anonymous communication with legitimate purposes, because no safeguards had been put in place to prevent such abuse.

This country (India) may please do some careful thinking about the right balance between national security and civil liberties.

While we're concerned about national security, we don't want these interception mechanisms to become a handle for misuse.

There's to be a proper balance between contradictory subjects of interception and privacy. So safeguards are critical.

There is no effective remedy or mechanism to appeal against unauthorised interception.

The government now has the sovereign and blanket power to intercept or peep into any electronic communication of even legitimate citizens.

An independent authority may please be set up at the earliest to review complaints of unauthorised / illegal interceptions.

Therefore, the amendment of this Act at the earliest is the only solution to prevent its abuse/misuse.

----------------------------------------------------------------------------------------------
This petition's been addressed to:
The Hon'ble Supreme Court of India, President, Prime Minister (PM), Ministry of Information Technology (MIT), Ministry of Home Affairs (MHA) & Ministry of Law.

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We signed the "Amend the controversial IT (Amendment) Act, 2008" petition!
# 61:
9:57 am PDT, Mar 25, Dave Nielsen, Oregon
# 60:
4:15 am PDT, Mar 25, Ismail Shabana, Egypt
# 59:
9:28 am PDT, Mar 24, Nicole Hopper, Arizona
# 58:
4:43 am PDT, Mar 24, Anushka Wadhwaney, India
# 57:
1:48 am PDT, Mar 24, Sarah Heald, United Kingdom
Checking for accidental pornography is hardly useful when hunting terrorists.This potential law has a huge potential for harm
# 56:
6:18 am PDT, Mar 10, Niveditha Ravindra, India
# 55:
2:18 pm PST, Jan 26, Elfmagic Taylor, Australia
THE LAW OF ONE We are all One. When one is harmed, all are harmed. When one is helped, all are helped. Therefore, in the name of Who I AM, and I am One with All, I ask that only that which is the highest good of all concerned, happen here. I give thanks that this is done.
# 54:
8:02 am PST, Jan 18, Julia Tawyea', Pennsylvania
For the USA, that is the "Patriot Act".. Same thing...

Lake Ariel, PA. 18436

# 53:
9:25 am PST, Jan 15, Misti Rains, Tennessee
Chattanooga, TN - United States
# 52:
7:29 pm PST, Jan 14, Raju Desai, California
# 51:
4:42 pm PST, Jan 14, Pmcyztun Pmcyztun, Sri Lanka
1cVWXe nmxjmejyblte, [url=http://kbeggfviokne.com/]kbeggfviokne[/url], [link=http://fdjqwjfrrgiq.com/]fdjqwjfrrgiq[/link], http://fpmugcktzakb.com/

1cVWXe nmxjmejyblte, [url=http://kbeggfviokne.com/]kbeggfviokne[/url], [link=http://fdjqwjfrrgiq.com/]fdjqwjfrrgiq[/link], http://fpmugcktzakb.com/

# 50:
9:06 am PST, Jan 14, Jill Pearson, Georgia
# 49:
8:44 pm PST, Jan 13, Jan Geren, California
# 48:
1:33 am PST, Jan 13, Aditi Datta, India
# 47:
12:32 am PST, Jan 13, Shishir Singh, India
# 46:
11:22 pm PST, Jan 12, Swayam Mohanty, India
# 45:
9:05 am PST, Jan 12, Bhagwad Park, India
Please ensure that the privacy of Indian citizens becomes a priority and that the legislature cannot ride roughshod over it.

Chennai, http://bhagwad.blogspot.com

# 44:
12:04 am PST, Jan 12, Name not displayed, Washington
# 43:
7:35 pm PST, Jan 10, Naavi Vijayashankar, India
Those who failed to raise their voice before the Act became a law should realize that it is now too late to change the law as passed. What is required now is to channelise our efforts in building a mechanism to check abuse of law. At Naavi.org (www.naavi.org) which fought hard before the law was passed to raise a debate I have placed my views on the need for a set up for "Netizen's Rights Protection". This can be on the lines of Human Rights Commission or a lesser "Advisory Body". There is scope for introduction of this in the rules. If therefore people are agitated, they should now rally behind this idea.

Naavi, Bangalore, India, http://www.naavi.org

# 42:
12:18 am PST, Jan 7, Siva Kumar, India
# 41:
3:37 am PST, Jan 6, Name not displayed, India
# 40:
3:37 am PST, Jan 6, Name not displayed, India
# 39:
1:36 am PST, Jan 6, Pradeep Niranjan, India
Welcome to Chino-India!!
# 38:
8:31 pm PST, Jan 5, Ann Sumpter, Tennessee
# 37:
5:02 pm PST, Jan 5, Jigish Kumaran, India
kerala
# 36:
1:23 pm PST, Jan 5, Sunil Kumar Aflaj, Riyadh, K.S.A., Saudi Arabia
# 35:
6:09 am PST, Jan 5, Anita Kofta, Wisconsin
# 34:
7:02 am PST, Jan 4, Silky Wylder, Wisconsin
# 33:
5:24 am PST, Jan 3, Ashish Naik, India
# 32:
3:57 am PST, Jan 3, Roxie Schliesman, Wisconsin
# 31:
11:06 pm PST, Jan 2, BiLL Fowlie, Maine
# 30:
10:26 pm PST, Jan 1, Ari R. Kolman, Canada
# 29:
2:10 am PST, Jan 1, John Homeless, Minnesota
# 28:
5:28 am PST, Dec 31, Name not displayed, India
# 26:
11:22 am PST, Dec 30, Dave Brew, United Kingdom
# 25:
10:04 am PST, Dec 30, Roda Mehta, India
# 24:
3:37 am PST, Dec 30, Mieke Bernaards, Belgium
# 23:
3:21 am PST, Dec 30, Sean Davidson, India
For more impact, you may please add non-abusive personal comment(s) / view(s) / opinion(s) here (if any)

State, City/Town, Locality/Area, Association/NGO, Link/URL/Website

# 22:
2:49 am PST, Dec 30, Sigrid De Ruyck, Belgium
# 21:
2:24 am PST, Dec 30, Namita Malhotra, India
# 20:
1:46 am PST, Dec 30, Laird D b, United Kingdom
# 19:
11:04 pm PST, Dec 29, Mazarine Treyz, Oregon
RIGHT TO PRIVACY IS IMPORTANT. DO NOT APPROVE THIS BILL.

Portland, OR 97227

# 18:
10:15 pm PST, Dec 29, Pam Boland, Georgia
# 17:
8:58 pm PST, Dec 29, Winter Johnson, Colorado
# 16:
7:57 pm PST, Dec 29, David Dunkleberger, Pennsylvania
# 15:
4:59 pm PST, Dec 29, Name not displayed, California
# 14:
4:54 pm PST, Dec 29, Name not displayed, India
This bill should only be passed after specifying the safeguards against misuse.
# 13:
4:50 pm PST, Dec 29, Lisa Simmons, Kansas
Your introduction to this petition included the following statement: "It is acceptable, even inevitable, that citizens will have to sacrifice some civil liberties to aid the fight against terrorism". THAT IS WHAT THEY WANT YOU TO DO. NO, it is NOT acceptable at any time nor for any reason for any right to be removed from our constitution or bill of rights. The constitution used to say for the people and by the people. Guess what. It doesn't say that anymore. First you have to ask yourself this. Why is it that my rights are being taken away for terrorism protection? especially when more people are killed via air and car travel and heart disease than were ever killed by terrorists? Why is so much money going to protect us from terrorists and less going to educationa, medical research and housing the homeless? Why is so little money going to the people and more being taken from the people? Why has martial law been introduced? We have always had all the terrible things you have stated in your petition introduction as far as human behaviors both here and abroad for as long as humans have existed . We have never found just cause to break into someones home without their permission, or without just cause. We have never had just cause to listen to private phone calls, monitor the mail (or email) or any other thing you mention and the legal system went on and criminals were apprehended ALL WITHOUT INTRUSION INTO OUR PERSONAL LIVES. The danger is as you say - whether or not what a person says or does is against the law or the actions "like " a terrorist are true or not , it doesnt matter because someone like BIG BROTHER is free to PERCEIVE it however he or she wishes to. And once your actions have been perceived as a threat, there is nothing you can do. They have more money and more resources than you or us, they can do what they want, set things up however they like and there is nothing you will be able to do to save or clear yourself or your name. And there would be nothing you could do to obtain restitution for the ill actions of anyone that may mis-perceive your intentions. Look, I am not against government. America is and always has been the best place to be. I am not anti-government or any other thing like that. But there is corruption in every organization either by intent or obligation to some degree. It might interest you to know that once an organization has done what it was designed to do, there would be no further need for that organization to exist. Meaning - the organizations that are inherently creating all this chaos do so so that they continue to have a reason to exist and yes, get larger and more powerful. Abolute power is absolute corruption. Listen up. If you think you are free, think again, long and hard and when you think you are done, do it again.The only true freedom you have is freedom of thought. At least for now. Anyone that would give up their liberties for security deserve neither. Never give up something that already protects you for another lesser protection that opens you up to even uglier things. Problem is, our rights are being removed and there isn't anything we can seemingly do about it. Oh, there is one thing. STAND UP. A country divided is a country defeated. UNIFY , ORGANIZE, STAND TOGETHER. There are more of us than them. We are the reason they even exist. We gave them the power and we can take it away however, time is of the essence. If we wait until we are powerless (have no rights) we will not be able to do anything. Support those that stand for the people. And for your own sake, STAND WITH YOUR PEOPLE. A word or advice. Dont take my word for it. Look at history. Look at the patterns. Everytime we have war, we lose more rights. Look at the political tie ins our polititins have with the politicians of other countries. It is not a coincidence. New World Order is not the same thing as one world government. Do your research, make up your own minds. Just because a lot of people believe a thing does not make it truth. It just means a lot of people believe that. Ask yourself why you believe what you do......, because you were told that, or because you discovered it on your own..........?
# 12:
3:32 pm PST, Dec 29, Steve Dale, Australia
# 11:
2:18 pm PST, Dec 29, Name not displayed, New York
# 10:
1:23 pm PST, Dec 29, Charles Mclachlan, United Kingdom
# 9:
1:16 pm PST, Dec 29, Edward Stetser, North Carolina
# 8:
12:01 pm PST, Dec 29, Name not displayed, Singapore
This is like stopping people who write viruses, they will always find a way, and in the meantime, the law-abiding citizen loses their freedoms one by one.
# 7:
11:37 am PST, Dec 29, Michael Mitsuda, California
# 6:
7:48 am PST, Dec 29, Ripal Barot, Rhode Island
I don't like censorship on internet. It is morally wrong. Monitoring in national interest is fine. Protecting religious interest will be horrible. Best way to stop these attacks are showing limits to religions with use of awareness and education. All the schools must teach dark sides of all organised religions as well.
# 5:
6:12 am PST, Dec 29, Jackie Findley, Florida
# 4:
4:54 am PST, Dec 29, Bill Craig, Germany
# 3:
3:39 am PST, Dec 29, Name not displayed, United Kingdom
# 2:
2:53 am PST, Dec 29, Mike Downs, Missouri
# 1:
2:51 am PST, Dec 29, Syed Tanveeruddin, India
Our/My Big Brother (Government of India or GOI) could really be watching. The Information Technology (Amendment) Bill, 2006 that was passed by Parliament earlier this month allows the government to intercept messages from mobile phones, computers and other communication devices to investigate any offence. This means that e-mails, text messages and the contents of one's computer are all fair game as far as the government is concerned. Lack of independent oversight makes these powers liable to misuse. Introduced after the terrorist attacks in Mumbai, the government sees this legislation as instrumental in fighting terrorism. Given that terrorists have used the ease and relative anonymity of the internet to plan and execute attacks, the government's push to monitor online activity may be justified. It is acceptable, even inevitable, that citizens will have to sacrifice some civil liberties to aid the fight against terrorism. However, this legislation goes beyond merely infringing the right to privacy of an ordinary citizen. Where the Act earlier allowed the government to intercept and monitor any information transmitted through computer systems in the national interest, the amendment expands the government's powers to include 'any offence'. The amended Act would also grant the state absolute power to block access to any website in the national interest, which could lead to censorship. There are also stricter provisions to combat other cyber crimes, like child pornography, identity theft and electronic fraud. Some measures, such as the stricter laws on data protection, have been welcomed by India's IT industry. However, provisions like those prescribing punishment for the transmission of any sexually explicit material electronically, quite separate from the measure dealing with child pornography, are too vague and open to misuse. Perhaps the most alarming aspect of the Bill is that it fails to put in place a safeguard mechanism that can prevent the state from misusing this Act. The Bill only says that safeguards will be stipulated at a later date, which is clearly insufficient. Following the Mumbai attacks, we are aware that terrorism presents a new kind of enemy, one that doesn't play by the normal rules of warfare. We/I understand that the government needs strong legislation to fight terror effectively, even at the cost of some of our freedoms. But the provisions of this Act give the state absolute power over information transmitted through computer systems. This could be an invitation to the government to spy on people based on religion or political affiliation. It is imperative, therefore, that an independent authority be set up to review complaints of unauthorised interceptions. Our/My country (India) has to do some careful thinking about the right balance between national security and civil liberties.

Karnataka, Mysore, Siddharthanagar, Karanji and Siddharthanagar Tax Payers' Association or KSTPA, http://mysore.12.forumer.com

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