New law will let govt snoop on your PC

Legislation Allows Life Sentence For Acts Of Cyber Terror

Kounteya Sinha & Mahendra Kumar Singh | TNN

New Delhi: Your email or the personal contents of your computer could soon
be under the government's scrutiny without your knowledge.
   With Parliament on Tuesday 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 fear that "unauthorised interceptions could
soon become common".
   Calling for setting up of an independent authority to review complaints
of unauthorised interceptions, cyber law expert Pavan Duggal told TOI that
the bill 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.
   Calling the bill "a hurried reaction", Duggal said, "The potential for
misuse of these powers stipulated by the bill for political gains can't be
ruled out."
   There also appears to be no effective remedy or mechanism to appeal
against unauthorised interception, Duggal said. "Once it becomes law, the
government will have sovereign and blanket power to intercept or peep into
any electronic communication of even legitimate citizens. Because the bill
states that safeguards would be stipulated at a later date, it would clamp
down on civil liberties right away. While we are concerned about national
security, we don't want these interception mechanisms to become a handle for
misuse," he added.
   "There has to be a proper balance between contradictory subjects of
interception and privacy. So safeguards are critical," the expert said. The
Information Technology (Amendment) Bill 2008 also empowers the government
with absolute power to block websites in national interest.
   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.
   For those indulging in cyber terrorism, the new legislation provides for
stiff penalty of life imprisonment. The bill also says that dishonestly
receiving stolen computer resource, identity theft, cheating by personation
by using computer resource and violation of privacy will result in
imprisonment upto three years apart from fine between Rs 1 lakh to Rs 10
lakh.
   Transmitting material containing sexually explicit acts in electronic
form would be punishable by imprisonment of upto five years along with a
fine of upto Rs 10 lakh.
   Emphasising on the overriding power given to government, a senior IT
official pointed out that Section 69 of the original Act had given the
central government the power to intercept and monitor any information
through computer systems in national interest, permitting it to monitor any
potentially cognisable offence.

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