Albert Science International Organization

Bhumika Sharma and Poonam Pant,  Check on digital communications under indian legal framework, ASIO Journal of Humanities, Management & Social Sciences Invention (ASIO-JHMSSI), 2021, 7(2): 28-32.

Bhumika Sharma1 and Poonam Pant2

1 Ph.D. Research Scholar, Department of Law, Himachal Pradesh University, Shimla (H.P.)
2 Ph.D. Research Scholar, Department of Law, Himachal Pradesh University, Shimla (H.P.)

Abstract: 

It is common for technological revolution to influence the law, which confines what activities people may execute, what substances may be formed and used by them and what relations will be recognized. Cyber law has spined to be a venture of “cyberizing” law, converting common legal concepts into the Internet milieu. Human lives have transformed in radical and reflective ways, giving technology superiority over living styles over last two decades. Information that previously be located in prearranged scrabbling on pieces of paper in discrete places, hard to discover, arduous to assemble, and virtually intolerable to co-relate, can now be placid effortlessly, read by automated laser rays, logged in alluring forms imperceptible to the human eye, and rapidly accumulated and interrelated. The cyber-space works with the aid of many technological systems and agencies. Without the significant parties called intermediaries (such as Facebook, Twitter, Telegram), various communications on internet would stop. Information and communications technologies continue to present novel and complex social and legal problems. Against this backdrop, the present paper aims to discuss the position of intermediary or Internet Service Provider in India as governed by the Information Technology Act, 2000. 

Keywords: Cyberspace, Internet Service Provider, Inter.

1. Section 3 (1AA) of the Indian Telegraph Act, 1855 defines "telegraph" as any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means. The Indian Contract Act, 1872, The Specific Relief Act, 1963, The Indian Penal Code, 1860, The Public Financial Institutions Act, 1983 and The Consumer Protection Act, 1986 play a significant part in protecting the paper-based transactions.
2.   Reed, Chris. (2004). Internet Law. New Delhi: Universal Law Publishing Co. (p.99).
3.   Amendments were made in the Indian Penal Code, 1860; the Indian Evidence Act, 1872, the Banker's Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934.
4.   Punjab, Rajasthan, Gujarat, Kerala, Karnataka, Maharashtra, Tamil Nadu, West Bengal and UP(E).
5.   Andhra Pradesh, Bihar, Madhya Pradesh, Haryana, Himachal Pradesh, Uttaranchal, UP(West), Andaman & Nicobar, Assam, Chhattisgarh, Jammu & Kashmir, Jharkhand, North East-II, North East-I and Orissa.  
6.   Andhra Pradesh, Bihar, Madhya Pradesh, Haryana, UP(West), Andaman & Nicobar, Assam, Chhattisgarh, Jammu & Kashmir, Jharkhand, Himachal Pradesh, North East-I, North East-II, Orissa and Uttaranchal.
7.   Section 43A reads as- “Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, to the person so affected.”
8.   Section 67C reads as - “Intermediaries are required by law to preserve and retain certain specified information for specific durations in a manner prescribed by the Central Government. Any intermediary who intentionally or knowingly fails to retain such information shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
9.   Section 69 reads as- “Where the central Government or a State Government or any of its officer specially authorized by the Central Government or the State Government, as the case may be, in this behalf may, if is satisfied that it is necessary or expedient 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 appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted received or stored through any computer resource. The Procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed. The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to - provide access to or secure access to the computer resource containing such information; generating, transmitting, receiving or storing such information; or intercept or monitor or decrypt the information, as the case may be; or provide information stored in computer resource. 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 and shall also be liable to fine.”
10.   Section 69A reads as- “Where the Central Government or any of its officer specially authorized by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty and 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, it may subject to the provisions of sub-sections (2) for reasons to be recorded in writing, by order direct any agency of the Government or intermediary to block access by the public or cause to be blocked for access by public any information generated, transmitted, received, stored or hosted in any computer resource. The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed. The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.”
11.   Section 69B reads as- “The Central Government may, to enhance Cyber Security and for identification, analysis and prevention of any intrusion or spread of computer contaminant in the country, by notification in the official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. The Intermediary or any person in-charge of the Computer resource shall when called upon by the agency which has been authorized under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.” Computer Contaminant shall have the meaning attached to it under Section 43. “Traffic data means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, date, size, duration or type of underlying service or any other information.”
12.   Section 70B reads as- “The Central Government shall, by notification in the Official Gazette, appoint an agency of the government to be called the Indian Computer Emergency Response Team. The Central Government shall provide the agency referred to in sub-section (1) with a Director General and such other officers and employees as may be prescribed. The salary and allowances and terms and conditions of the Director General and other officers and employees shall be such as may be prescribed.  The Indian Computer Emergency Response Team shall serve as the national agency for performing the following functions in the area of Cyber Security,-  collection, analysis and dissemination of information on cyber incidents; forecast and alerts of cyber security incidents, emergency measures for handling cyber security incidents, Coordination of cyber incidents response activities, issue guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, prevention, response and reporting of cyber incidents, such other functions relating to cyber security as may be prescribed. The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed. For carrying out the provisions of sub-section (4), the agency referred to in sub-section (1) may call for information and give direction to the service providers, intermediaries, data centres, body corporate and any other person. Any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under sub-section (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both. No Court shall take cognizance of any offence under this section, except on a complaint made by an officer authorized in this behalf by the agency referred to in sub-section (1).”
13.   Section 72A reads as- “Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person shall be punished with imprisonment for a term which may extend to three years, or with a fine which may extend to five lakh rupees, or with both.”