Civil activists alarmed by the misuse of ITA 2008 by politicians to curb any writings on the Internet perceived to affect the reputation of the ruling government, and by some business interests to protect their business interests, have started asking for the withdrawal of the rules notified by DIT on April 11, 2011 particularly under the “Intermediary Rules” under Section 79 of ITA 2008.

Naavi.org strongly recommends that even the “Reasonable Security Practices” notification under Section 43A which was notified along side the Intermediary rules need to be scrapped as it unashamedly promotes one particular security framework involving enormous outgo of funds out of India. The Section 79 rules are linked to Section 43A rules and makes it mandatory for all intermediaries to undergo ISO 27001 audits or be damned. This is an unconstitutional promotion and a scam bigger than 2G scam.

Further the unconstitutional nature of Section 79 actually flows from the amended Section 79 which gives the executive powers to curb the constitutional right granted under Article 21 without judicial intervention. The amendment itself was introduced without due process of consultation with Cyber Regulations Advisory Committee constituted under Section 88 of ITA 2000 by DIT.

It is therefore necessary that the entire amendments of 2008 be considered as unconstitutional and re-worked. I request MPs Mr P. Rajeev and Rajeev Chandrashekar to take note of this and move the motion in the Parliament accordingly.

I was one of the  supporters of ITA 2008 amendments when it was enacted because certain provisions were considered necessary from the point of view of national Security. However politicians have interpreted “National Security” mean security of the politicians in power and hence the provisions are being repeatedly misused. It has therefore become difficult to trust the commitment of the  Government to democratic principles and there is therefore a need for strong checks and balances in the Act. This can be achieved by a complete overhaul of ITA 2000 by a major amendment now.

Naavi

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