Licence to Spy: NIA, CBI Among 10 Central Agencies Allowed to Snoop on Computer (Download PDF)

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10 central agencies can now intercept, monitor and decrypt “any information generated, transmitted, received or stored in any computer”. The order will be in effect was issued by the Ministry of Home Affairs (MHA) by December 20.

Image Of Agencies Authorized To Snoop

Image Of Agencies Authorized To Snoop

Image Of Agencies Authorized To Snoop

About the Order

  • According to the order, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.

10 Agencies with the Freedom to Peek into Any Computer Are,

  1. The Intelligence Bureau

  2. Narcotics Control Bureau

  3. Enforcement Directorate

  4. Central Board of Direct Taxes

  5. Directorate of Revenue Intelligence

  6. Central Bureau of Investigation

  7. National Investigation Agency

  8. Cabinet Secretariat (R&AW)

  9. Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only)

  10. Commissioner of Police, Delhi.

Information Technology Act

  • It says that the central government can direct any agency after it is satisfied that it is necessary or expedient to do so 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. “

  • The MHA gave the authorisation under 69 (1) of the Information Technology Act, 2000

  • The government has stated that this was done as there was “essentially an anomaly in law”

  • Ministry of Information Technology Act of 2000 (1) of the Information Technology Act, 2000, states that the Central Government cannot directly direct any agency after being satisfied directly that it is necessary or appropriate for the interest of India Sovereignty or integrity, protection of the country, security of the state, friendly relations with foreign states or public order or related to above or any crime Minister also “to prevent the commission of cognizable offense.

The Effectiveness of this Order

  • After the order of a new Home Ministry signed by Home Secretary on Thursday, the investigating agencies will have more comprehensive powers to block information and monitor computer equipment.

  • The powers of “blocking, monitoring and decryption” of any information generated, transmitted, received or stored in any computer.

  • To investigate agencies to prevent phone calls in an order.

  • This does not mean just calls or email, but any data found on the computer can be blocked. Agencies will also have powers

  • “The intelligence bureau has no power to seize – they work in collaboration with state police forces. ” It seems that the new notification has changed, “the official said.

  • According to the notification, any person in charge of the customer or service provider or computer processing agencies has been extended to facilitate all facilities and technical assistance. If not, they can face jail and fines for seven years.

  • The current notification is the first, the government authorized agencies to tap phone calls after the permission from the Home Secretary.

  • An official of the Home Ministry said, “This order adds a new domain and enhances the powers of law enforcement agencies and is currently required. “

- Published/Last Modified on: March 16, 2019

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