Reply to RTI Application on Blocking of website and Rule 419A of Indian Telegraph Rules, 1951

To
Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II), Room No 1006, Sanchar Bhawan
Department of Télécommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

Dear Sir,
Subject: Information on Website Blocking Requested under the Right to Information Act, 2005

1. Full Name of the Applicant: Centre for Internet & Society

2. Address of the Applicant

Mailing Address: Centre for Internet and Society
194, 2־C Cross,
Domlur Stage II,
Bangalore 560071

3. Details of the information required

It has come to our attention that Airtel Broadband Services ("Airtel") and Mahanagar Téléphoné Nigam Limited ("MTNL") have recently blocked access to a number of domain sites for all their users across the country. Airtel has blocked Fabulous Domains (http://www.fabulous.com/), BuyDomains (http://www.buvdomains.com/) and Sedo (http://sedo.co.uk/uk/home/welcome/). MTNL has blocked Sedo (http://sedo.co.uk/uk/home/welcQme/). Subscribers trying to access this website receive a message noting "This website/URL has been blocked until further notice either pursuant to Court orders or on the Directions issued by the Department of Télécommunications". In this regard, we request information on the following queries under Section 6(1) of the Right to Information Act, 2005:

1. Does the Department have powers to require an Internet Service Provider to block a website? If so, please provide a citation of the statute under which power is granted to the Department, as well as the safeguards prescribed to be in accordance with Article 19(1)(a) of the Constitution of India.
3. Did the Department order Airtel or MTNL to block any or all of the above mentioned websites? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel and MTNL for blocking of websites?
4. Has the Department ever ordered the blocking of any website? If so, please provide a list of addresses of all the websites that have been ordered to be blocked.
5. Please provide use the present composition of the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
6. Please provide us the dates and copies of the minutes of all meetings held by the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951, and copies of all their recommendations.

4. Years to which the above requests pertain: 2012

5. Designation and address of the PIO from whom the information is required

Shri Subodh Saxena
Central Public Information Officer (RTI)
Director (DS-II), Room No 1006, Sanchar Bhawan
Department of Télécommunications (DoT)
Ministry of Communications and Information Technology
20, Ashoka Road, New Delhi — 110001

To the best of my belief, the détails sought for fall within your authority. Further, as provided under section 6(3) of the Right to Information Act ("RTI Act"), in case this application does not fall within your authority, I request you to transfer the same in the designated time (5 days) to the concerned authority and inform me of the same immediately.

To the best of my knowledge the information sought does not fall within the restrictions contained in section 8 and 9 of the RTI Act, and any provision protecting such information in any other law for the time being in force is inapplicable due to section 22 of the RTI Act.

Please provide me this information in electronic form, via the e-mail address provided above. This to certify that I, Smitha Krishna Prasad, am a citizen of India.

A fee of Rs. 10/- (Rupees Ten Only) has been made out in the form of a demand draft drawn in favour of "Pay and Accounts Officer (HQ), Department of Telecom" payable at New Delhi.

Date. Monday November 26,2012
Place: Bengaluru, Karnataka

Below is the reply received from the Department of Telecommunications for the above RTI application

Government of India
Department of Télécommunications
Sanchar Bhawan, 20, Ashoka Road. New Delhi -110 001
(DS-CelI)

To,
Centre for Internet and Society,
No. 194, 2-C Cross,
Domlur Stage II,
Bangalore - 560 071

This has reference to RTI application dated 27/12/2012 with reference to Blocking of website and Rule 419A of Indian Telegraph Rules, 1951

1. In this regard it is submitted that Internet Service licensees are to follow the provisions of Information Technology Act 2000 as amended from time to time. Under Information Technology Act 2000, "Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules 2009" were notified on 27/10/2009.(Annexure) Aforesaid notified rules describes the "Designated Officer" for the purpose of issuing direction for blocking for access by the public any information generated, transmitted, received, stored or hosted in any computer resource under subsection (2) of Section 69(A) of the ACT. Wide Gazette Notification dated 20/01/2010 Group Coordinator , Cyber Law division, Department of Information Technology has been authorized and designated as "Designated Officer".
   
   As per the directions of Group Coordinator, Cyber Law division, under Information Technology Act 2000, instructions for blocking/ unblocking of websites/URLs are issued to Internet Service Licensees.
   
   As per the available information no instruction to Internet Service Providers has been issued for Blocking of http://www.fabulous.com/, http://www.buydomains.com/, http://sedo.co.uk/uk/home/welcome/ and http://sedo.co.uk/uk/home/welcome/ as mentioned in your RTI application.
   
   Copies of Blocking order for which blocking instructions issued by DoT are not being provided are not provided as per Clause 16 of "Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules 2009" which says "Strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof."
2. With reference to information (Para 4 & 5 of RTI Aplication ) on Rule 419A of Indian Telegraph Rule, 1951 , the RTI is being forwarded to Dir (AS-III) & CPIO, DoT for providing the information.
3. The appeal, it any, may be made before Shri Nitin Jain, DDG(DS) & Appellate Authority, Department of Télécommunications, Room No. 1201, Sanchar Bhawan, 20 Ashoka Road, Nevy Delhi-110 001 within 30 days from the date of receipt of this letter.

Encl: As above
																							(Subodh Saxena) DIR (DS-II) 011-2303 6860 011-2335 9454

Copy to:

(I) Shri Rajiv Kumar, CPIO & Director (AS-III), DoT, New Delhi

NOTIFICATION
New Delhi, the 27th October, 2009

G.S.R. 781 (E). — In exercise of the powers conferred by clause (z) of sub-section (2) of section 87, read with sub-section (2) of section 69A of the Information Technology Act 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:

1. Short title and commencement — (1) These rules may be called the Information Technology (Procedure and Safeguards for Blocking for Access and Information by Public) Rules, 2009.
   (2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. — In these rules, unless the context otherwise requires. —
   (a) "Act" means the Information Technology Act, 2000 (21 of 2000);
   (b) "computer resource" means computer resource as defined in clause (k) of sub-section (1) of section 2 of the Act;
   (c) "Designated Officer" means an officer designated as Designated Officer under rule 3;
   (d) "Form" means a form appended to these rules;
   (e) "intermediary" means an intermediary as defined in clause (w) of sub-section (1) of section 2 of the Act;
   (f) "nodal officer" means the nodal officer designated as such under rule 4;
   (g) "organisation" means
   (i) Ministries or Departments of the Government of India;
   (ii) State Governments and Union Territories;
   (iii) Any agency of the Central Government, as may be notified in the Official Gazette, by the Central             Government
   (h) "request" means the request for blocking of access by the public any information generated, transmitted,   received, stored or hosted in any computer resource;
   (i) "Review Committee" means the Review Committee constituted under rule 419A of Indian Telegraph Rules, 1951.
3. Designated Officer — The Central Government shall designate by notification in Official Gazette, an officer of the Central Government not below the rank of a Joint Secretary, as the "Designated Officer", for the purpose of issuing direction for blocking for access by the public any information generated, transmitted. received,, stored or hosted in any computer resource under sub-section (2) of section 69A of the Act.
4. Nodal officer or organisation.— Every organisation for the purpose of these rules, shall designate one of its officer as the Nodal Officer and shall intimate the same to the Central Government in the Department of Information Technology under the Ministry of Communications and Information Technotogy, Government of India and also publish the name of the said Nodal Officer on their website.
5. Direction by Designated Officer. — The Designated Officer may, on receipt of any request from the Nodal Officer of an organisation or a competent court, by order direct any Agency of the Government or intermediary to block for access by the public any information or part thereof generated, transmitted, received, stored or hosted in any computer resource for any of the reasons specified in sub-section (1) of section 69A of the Act.
6. Forwarding of requests by organisation. — (1) Any person may send their complaint to the Nodal Officer of the concerned organisation for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource:
   Provided that any request other than the one from the Nodal Officer of the organisation shall be sent with the approval of the Chief Secretary of the concerned State or Union territory to the Designated Officer.
   Provided further that in case a Union territory has no Chief Secretary, then, such request may be approved by the Adviser to the Administrator of that Union territory.
   (2) The organisation shall examine the complaint received under sub-rule (1) to satisfy themselves about the need for taking of action in relation to the reasons enumerated in sub-section (1) of section 69A of the Act and after being satisfied, it shall send the request through its Nodal Officer to the Designated Officer in the format specified in the Form appended to these rules.
   (3) The Designated Officer shall not entertain any complaint or request for blocking of information directly from any person.
   (4) The request shall be in writing on the letter head of the respective organisation, complete in all respects and may be sent either by mail or by fax or by e-mail signed with electronic signature of the Nodal Officer.
   Provided that in case the request is sent by fax or by e-mail which is not signed with electronic signature, the Nodal Officer shall provide a signed copy of the request so as to reach the Designated Officer within a period of three days of receipt of the request by such fax or e-mail.
   (5) On receipt, each request shall be assigned a number along with the date and time of its receipt by the Designated Officer and he shall acknowledge the receipt thereof to the Nodal Officer within a period of twenty four hours of its receipt.
7. Committee for examinatlon of request.— The request along with the printed sample content of the alleged offending information or part thereof shall be examined by a committee consisting of the Designated Officer as its chairperson and representatives, not below the rank of Joint Secretary in Ministries of Law and Justice, Home Affairs. Information and Broadcasting and the Indian Computer Emergency Response Team appointed under sub-section (1) of section 70B of the Act.
8. Examination of request.— (1) On receipt of request under rule 6, the Designated Officer shall make all reasonable efforts to identify the person or intermediary who has hosted the information or part thereof as well as the computer resource on which such information or part thereof is being hosted and where he is able to identify such person or intermediary and the computer resource hosting the informalion or part thereof which have been requested to be blocked for public access, he shall issue a notice by way of letters or fax or e-mail signed with electronic signatures to such person or intermediary in control of such computer resource to appear and submit their reply and clarifications, if any, before the committee referred to in rule 7, at a specified date and time, which shall not be less than forty-eight hours from the time of receipt of such notice by such person or intermediary.
   (2) In case of non-appearance of such person or intermediary, who has been served with the notice under sub-rule (I), before the committee on such specified date and time, the committee shall give specific recommendation in writing with respect to the request received from the Nodal Officer, based on the information available with the committee.
   (3) In case, such a person or intermediary, who has been served with the notice under sub-rule (1), is a foreign entity or body corporate as identified by the Designated Officer, notice shall be sent by way of letters or fax or e-mail signed with electronic signatures to such foreign entity or body corporate and any such foreign entity or body corporate shall respond to such a notice within the time specified therein, failing which the committee shall give specific recommendation in writing with respect to the request received from the Nodal Officer, based on the information available with the committee.
   (4) The committee referred to in rule 7 shall examine the request and printed sample information and consider whether the request is covered within the scope of sub-section (1) of section 69A of the Act and that it is justifiable to block such information or part thereof and shall give specific recommendation in writing with respect to the request received from the Nodal Officer.
   (5) The designated Officer shall submit the recommendation of the committee, in respect of the request for blocking of information along with the details sent by the Nodal Officer to the Secretary in the Department of Information Technology under the Ministry of Communications and Information Technology, Government of India (hereinafter referred to as the "Secretary, Department of Information Technology").
   (6) The Designated Officer, on approval of the request by the Secretary, Department of Information Technology, shall direct any agency of the Government or the intermediary to block the offending information generaled, transmitted, received, stored or hosted in their computer resource for public access within time limit specified in the direction:
   Provided that in case the request of the Nodal Officer is not approved by the Secretary, Department of Information Technology, the Designated Officer shall convey the same to such Nodal Officer.
9. Blocking of Information in cases of emergency.— (1) Notwithstanding anything contained in rules 7 and 8, the Designated Officer, in any case of emergency nature, for which no delay is acceptable, shall examine the request and printed sample information and consider whether the request is within the scope of sub-section (1) of section 69A of the Act and it is necessary or expedient and justifiable to block such information or part thereof and submit the request with specific recommendations in writing to Secretary, Department of Information Technology.
   (2) In a case of emergency nature, tne Secretary. Department of Information Technology may, if he is satisfied that it is necessary or expedent and justifiable for blocking for public access of any information or part thereof through any computer resource and after recording reasons in writing as an interim measure issue such directions as he may consider necessary to such identified or identifiable persons or intermediary in control of such computer resource hosting such information or part thereof without giving him an opportunity of hearing.
   (3) The Designated Officer, at ihe earliest but not later than forty-eight hours of issue of direction under sub-rule 2, shall bring the request before the committee referred to in rule 7 for its consideration and recommendation.
   (4)    On receipt of recommendations of committee, Secretary, Department of Information Technology, shall pass the final order as regard to approval of such request and in case the request for blocking is not approved by the Secretary. Department of Information Technology in his final order, the interim direction issued under sub-rule (2) shall be revoked and the person or intermediary in control of such information shall be accordingly directed to unblock the information for public access.
10. Process of order of court for blocking of Information — In case of an order from a competent court in India for blocking of any information or part thereof generated, transmitted, received, stored or hosted in a computer resource, the Designated Officer shall, immediately on receipt of certified copy of the court order, submit it to the Secretary, Department of Information Technology and initiate action as directed by the court.
11. Expeditious disposal of request - The request received from the Nodal Officer shall be decided expeditiously which in no case shall be more than seven working days from the date of receipt of the request.
12. Action for non-compliance of direction by Intermediary — In case the intermediary fails to comply with the direction issued to him under rule 9, the Designated Officer shall, with the prior approval of the Secretary, Department of Information Technology, initiate appropriate action as may be required to comply with the provisions of sub-section (3) of section 69A of the Act.
13. Intermediary to designate one person to receive and handle directions — (1) Every intermediary shall designate at least one person to receive and handle the directions for blocking of access by the public any information generated, transmitted, received, stored or hosted in any computer resource under these rules.
    (2) The designated person of the intermediary shall acknowledge receipt of the directions to the Designated Officer within two hours on receipt of the direction through acknowledgement letter or fax or e-mail signed with electronic signature.
14. Meeting of Review Commlttee — The Review Committee shall meet at least once in two months and record its findings whether the directions issued under these rules are in accordance with the provisions of sub-seclion (1) of section 69A of the Act and if is of the opinion that the directions are not in accordance with the provisions referred above, it may set aside the directions and issue order for unblocking of said information generated, transmitted, received, stored or hosted in a computer resource for public access.
15. Maintenance of records by Designated Officer — The Designated Officer shall maintain complete record of the request received and action taken thereof, in electronic database and also in register of the cases of blocking for public access of the information generated, transmitted, received, stored or hosted in a computer resource.
16. Requests and complaints to be confidential — Strict confidentiality shall be maintained regarding all the requests and complaints received and actions taken thereof.

FORM
(See rule 6(2))

A. Complaint

1. Name of the complainant: --_________________________________________________________________
   (Person who has sent the complaint to the Ministry/Department/State Govt./Nodal Officer)
2. Address: ________________________________________________________________________________
   ________________________________________________________________________________
   City: ______________________________                                   Pin Code: __________________
3. Telephone: ________________________ (prefix STD code)
4. Fax (if any): _______________________
5. Mobile (if any): ______________________
6. Email (if any): __________________________________
   
   B. Details of website/computer resource/intermediary/offending information hosted on the website
   (Please give details wherever known)
7. URL / web address: ____________________________________
8. IP Address: _______________________________________
9. Hyperlink: ________________________________________
10. Server/Proxy Server address: ________________________________________
11. Name of the Intermediary: _________________________________________
12. URL of the Intermediary: __________________________________________
    (Please attach screenshot/printout of the offending information)
13. Address or location of intermediary in case the intermediary is telecom service provider, network service provider, internet service provider, web-hosting service provider and cyber cafe or other form of intermediary for which information under points (7), (8), (9), (10), (11) and (12) are not available.
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    C. Details of Request for blocking
14. Recommendations/Comments of the Ministry/State Govt: ________________________
    ________________________________________________________________________
    ________________________________________________________________________
15. The level at which the comments/recommendation have been approved
    (Please specify designation) ________________________________________________
16. Have the complaint been examined in Ministry / State Government: Y/N
17. If yes, under which of the following reasons it falls (please tick):
    (i) Interest of sovereignty or integrity of India
    (ii) Defence of India
    (iii) Security of the State
    (iv) Friendly relations with foreign states
    (v) Public order
    (vi) For preventing incitement to the commission of any cognisable offence relating to above
    D. Details of the Nodal Officer, forwarding the complaint along with recommendation of the Ministry/State Govt. and related enclosures
18. Name of the Nodal Officer: ___________________________________________
19. Designation: ______________________________________________________
20. Organisation: _____________________________________________________
21. Address: ________________________________________________ _________
    
    __________________________________________________________
    
    City: __________________________   Pin Code: _________________
22. Telephone: ___________________________ (prefix STD code)
23. Fax (if any) _____________________
24. Mobile (if any) ______________________
25. Email (if any): ___________________________
    E: Any other information:
    F: Enclosures:

    1.

    2.

    3.

    Date									Place																	Signature

    
    

    																										[No. 9(16)J2004-EC] N. RAVI SHANKER, Jt. Secy

    
    3855GI/09-5