Letter dated 18-08-2009, to CCA, sent on 23-08-2009 A common reply dated 23-09-2009 from Department of IT was received on 01-10-2009

Recently a website named savitabhabhi.com was blocked from public access. The News report says "The Controller of Certifying Authorities (CCA), a government agency under the Department of Information Technology, is the agency that is entrusted under the IT Act to block websites." (http://in.reuters.com/article/paidmediaAtoms/idIN129814055020090627) 


In light of this news report please provide following information to me,


Q.1 Please provide me a copy of the regulation or, notification which establishes CCA as an authority to issue orders related to blocking of websites. Please note that http://cca.gov.in/rw/pages/regulations.en.do does not show any such regulation or notification till date of this application.


Q.2 Has CCA been designated as an authority to issue such orders henceforth? What would be the role of CERT-In in such matters henceforth? (CERT-In has been he single authority to issue such orders as per the Gazette notification GSR 181(E) in 2003)



Q.3 Kindly provide details of the process which would be undertaken to issue such orders henceforth.


Reference your requests/applications dated 18-8-2009 addressed to I) Shri P.Ramachandran Scientist 'D' & II) CPIO received in this Department on 24-08-2009 on the above subject-

Parawise information is as under:
I)

1. Orders relating to interception of information are issues by CCA under sec. 69 of the IT Act 2000.

2. Under Sec 69 of the IT Act 2000 "If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitter through any computer resource".

As pet the notification, the request is sent to Director, CERT-In who in turn process the request and send it to CCA for further action in terms of Sec 69 of the IT Act 2000.

3. As at 1 above.
 Letter dated 18-08-2009, to Department of Information technology, sent on 23-08-2009         

Recently a website named savitabhabhi.com was blocked from public access. The News report says "The Controller of Certifying Authorities (CCA), a government agency under the Department of Information Technology, is the agency that is entrusted under the IT Act to block websites." (http://in.reuters.com/article/paidmediaAtoms/idIN129814055020090627) 


In light of this news report please provide following information to me,


Q.1 As per the Gazette Notification GSR 181(E) dated 27 February 2003, CERT-India has been designated "single authority for issue of instructions in the context of blocking of websites". Is there any notification on change of authority, inclusion of more authorities on issuing orders for blocking? If yes, please provide me a copy of the same, If no, please inform on how CCA issued the orders. Please cite the relevant section of the IT Act (which authorizes CCA to issue such orders), or the relevant notification under which CCA issued the orders.


Q.2 Henceforth who would be the authority to issue orders to block access to websites in India, CERT-IN, CCA, or, both?


Q.3 Is there a Committee to discuss and take decision on which website to block. If yes, please inform how many members of the committee are female and they constitute what percentage of the Committee. If no, please inform what procedure is followed to decide what website is to be blocked?


Q.4 Who executes the order of blocking? How do you ensure that this decision is taken in a gender-sensitive manner? 


Q.5 Is CERT-In in compliance with Section 4.1 the Right to Information Act 2005? If yes, please provide me details of the Public Information Officer. Also provide me the link to the corresponding web page in the CERT-In website.

 





II)


1. No. Orders relating to interception of information is regulated as per sec 69 of the IT Act 2000.






2. As of today, CCA issues orders to intercept the information to websites under sec. 69 of the IT Act 2000.

3. If CCA is satisfied that it is necessary or expedient so to do, it directs the interception of the information.



4.
CCA issues directions to the D/o Telecommunications to execute the orders of interception.


* The page at http://in.reuters.com/article/paidmediaAtoms/idIN129814055020090627 is no more accessible.
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