The proposed Cyber Security Act 2009 in USA envisages emergency powers for the President of USA to shut down Internet. It also proposes to vest several powers with the National Institute of Standards and Technology to set standards for Cyber Security.
While this is only a proposed law in US, India has already passed similar laws through the amendments made in ITA 2000. As per the amended ITA 2008, the Director General of Computer Emergency Team will have “Emergency” powers for handling Cyber Security incidents. This could mean that the CERT can exercise powers similar to what the President of USA will have under the Cyber Security Act, namely to declare Cyber Emergency.
 Powers to block websites, call for information, intercept, monitor etc is also being envisaged under ITA 2008. It is not clear if CERT itself will be entrusted with such responsibilities also in which case the CERT will become as much powerful as the US president under Cyber Emergency situations. These are not merely administrative powers. Failure to comply can make the non compliant company liable upto 7 years imprisonment.
Even the powers that the National Institute of Standards and Technology proposed under the Cyber Security Bill will also be exercised in India by the CERT.
There appears to be therefore a concentration of enormous Cyber Security powers under one institution. Though the intentions are good, it is necessary that there has to be some balancing of powers if the institution has to remain accountable for the public good.Â
In order to maintain such a balance of power, it is recommended that the powers under sections 69,69A and 69B are entrusted to another agency preferably a “Netizen’s Rights Protection Agency” so that the use of the powers can be moderated.
Naavi
6 users commented in " Powers of US President with Director General CERT in India "
Follow-up comment rss or Leave a TrackbackThe excessive and ilegal surveillance powers in India have not yet become part of the IT Act, 2000 as the amendment bill 2008 has not yet been notified. Perhaphs it has been withdrawn as no hint about its notification are given by Indian govt.
Further, neither the Cert nor the indian govt has the expertise to handle this controversial issue. It would be a good idea to scrap the amendment bill 2008 altogether and come up with something good. The bill seems to be already scrapped all that is needed is an acknowledgement of the same by the Indian govt.
Reply from Naavi:
It is true that the Information Technology Amendment Act 2008 is yet to be notified for the date of effectiveness of different aspects of the Act. However, the Bill has now acquired the status of an Act passed by the Parliament, assented to by the President and gazetted.
It cannot be withdrawn now and also there is no reason to withdraw.
World over the emphaisis of IT legislation is shifting towards “Security” and this Bill does exactly the same. if you donot like it, it is unfortunate. Please do carry on your crusade agains the provisions but not trying to spread rumours that it has been probably withdrawn, etc. Your own credibility and that of your friends who are claiming to be experts will be at stake.
The amendment Bill has been approved by the President of India and notified in the Gazette as of 5th February 2009.
The rules are under preparation and the date of effect alone is to be notified.
The GOI is under no obligation to give a date by which the rules will be framed. It is a time consuming process and the ball has been set in motion and it is likely to happen around May. Because of the elections, it may also be delayed by another month.
There are a few in India who are trying to mislead the public that the amendments are likely to be withdrawn or are already withdrawn.
I suppose they are grossly ignorant of the developments.
Naavi
Naavi you must first have a good knowledge about the law, preferably join a good law college, as your knowledge about law is miserable. It is not the Bill that has been notified but the fact that the bill has received president assent. It would be good if you read the section 1(2) with open eyes and unbiased mind. Till now the central govt has not notified it yet. So the bill remains, if at all it is there, a bill only. I suggest you consult some good techno-legal experts who can guide you in this regard before writing wrong and distorted info. Keith is right. The bill must have been withdrawn otherwise there is no sense in keeping the mere fact of notification delayed for so long. Do not confuse notification of Bill with rules making as they are totally different issues.
Reply from Naavi:
With the gazette notification of the assent of the Bill by the President, the Bill has acquired the status of an Act and cannot now be withdrawn. The rules are to be framed and date of effectiveness of the Act has to be notified. This is an administrative aspect and will be done in due course. If you are hoping that the Bill will be withdrawn, then you are wrong.
Your other comments deserve to be ignored since I would not like to be like your other friends who may hold degrees in law but use the knowledge only for misleading the public. People who require proxy addresses to spread their false messages need no recognition.
Very confusing. The amendment has been notified or not? The bill has been withdrawn or notified? Can anybody give me a link where the amended bill has been notified as i tried all sites but with no info?
Naavi is the act notified or simply published in gazzette for public information? Because if it is the former, the govt must have informed the same? If the act has not been notified it must be withdrawn. I have read the opinion of other experts as well but nowhere i could find the notification. Kindly clarify.
Cyber law of india is still unamended [http://legalenablementofictinindia.blogspot.com/2009/04/cyber-law-of-india-is-still-unamended.html]. Only notification by central govt would make it applicable.
The powers of Indian Police over global internet is quite a lot. For example Indian CrPC (Criminal Procedure Code) Section 91 gives Indian Police to ask Google USA for any bloggers information. Google USA provides it. It does not matter whether the blogger is based in Iran or China or USA.
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