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Context:  

The Indian government has introduced new Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, which replace the existing Rule 419A of the Indian Telegraph Rules, 1951.

What do the new rules state?

The new rules authorise the Union Home Secretary and the Secretary to the State government in-charge of the Home Department as the competent authority to order the interception of any message or class of messages.

The Union government introduced the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, which empower law enforcement and security agencies to intercept telephone messages under certain conditions.

These rules supersede rule 419A of the Indian Telegraph Rules, 1951.

Key Provisions:

Old Rules (Rule 419A):

• Rule 419A of the Indian Telegraph Rules, 1951 was implemented in March 2007 with specific safeguards.
• Rule 419A states that a Secretary to the Government of India (not below the level of a Joint Secretary) in the Ministry of Home Affairs can issue wiretapping orders at the Center and similar provisions exist at the State level.
• He had stricter conditions for "urgent cases".
• There are no specific limits on state-level officials authorized to wiretap.
• No express time frame for order confirmation.

How the New Rules Differ from Rule 419A?

Releasing the "emergency" status:

The previous rules allowed wiretapping only in urgent cases. The new rules allow wiretapping in "remote areas" or "operational reasons", expanding the scope.

Restrictions on officers authorized to apprehend:

Earlier: No limit on the number of officers in the rank of Inspector General at the state level.

Now: Only the head or second-in-command of an authorized agency can issue wiretapping orders.

Verifying intercept commands: Any wiretapping order not confirmed within seven days becomes invalid and the collected data cannot be used.

What are the Indian Telegraph Rules 1951?

The Indian Telegraph Rules, 1951 serve as the basic regulatory framework for telecommunications in India.   These rules were established under the Indian Telegraph Act, 1885 and provide comprehensive guidelines for the administration and operation of telecommunication services across the country.

Regulatory framework:

• It controls the setup and operation of the telecommunications infrastructure.
• Provides guidelines for network maintenance.
• Establishes operational standards for service providers.

Licensing system:

• Outlines procedures for obtaining telecommunications licenses.
• Details of the application and approval process.
• Determines eligibility criteria for service providers.

Service Provider Rules:

• It defines the obligations of telecommunications companies.
• Establishes the rights of the service provider.
• Establishes operational guidelines and standards.

Government Office:

• Specifies the role of government in telecommunications.
• Details of provisions for use of the network by government agencies.
• Outlines emergency response protocols.

Concerns about the new rules

Gaps in accountability:

• The rules lack clear provisions for punitive action against agencies that abuse wiretapping powers.
• We are not responsible for misuse of wiretapping during the seven-day pre-confirmation period.
• Potential for abuse: Easing the status of "emergencies" without additional controls raises concerns about arbitrary capture.

Conclusion

The purpose of the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules 2024 is to provide a framework for lawful interception of messages.

However they have raised questions about potential abuse due to lack of accountability and guarantees. Policymakers must address these gaps to balance the needs of national security and individual privacy rights.

Source:

THE HINDU