69: Powers
to issue directions for interception or monitoring or decryption of any
information through any computer resource
(1) 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 satisfied that it is
necessary or expedient to do in the interest of the sovereignty or
integrity of India, defense 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.
(2) The Procedure
and safeguards subject to which such interception or monitoring or
decryption may be carried out, shall be such as may be prescribed
(3) 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 -
(a) provide access
to or secure access to the
computer resource generating,
transmitting, receiving or storing such information; or
(b) intercept or
monitor or decrypt the information, as
the case may be; or
(c) provide
information stored 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 and shall also be liable to fine.
69 A: Power to
issue directions for blocking for public access of any information
through any computer resource
(1) 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, defense 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.
(2) 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.
(3) 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.
(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 and shall also be liable to fine.
69 B: Power
to authorize to monitor and collect traffic data or information through
any computer resource for Cyber Security
(1) 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.
(2) 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.
(3) The procedure and
safeguards for monitoring and collecting traffic data or information,
shall be such as may be prescribed.
(4) 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.
Explanation: For the
purposes of this section,
(i) "Computer
Contaminant" shall have the meaning assigned to it in section 43
(ii) "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.
