Telecom act doesn’t give power to break encryption

Telecom act doesn’t give power to break encryption

Subject :IR

Section: Places in news

Context: Telecom act doesn’t give power to break encryption

More about the news:

• The new Telecom Act in India does not grant the government or service providers the authority to break encryption or intercept messages on over-the-top (OTT) platforms, according to Ashwini Vaishnaw, the Minister of Communications and Information Technology.
• Addressing concerns about the vague definition of telecom service, Vaishnaw emphasized that the government lacks the power to request service providers to break encryption or intercept messages, and its authority is limited to blocking fraudulent numbers.
• He clarified that OTTs are not regulated by the Telecom Act, which aims to bring structural reforms and introduces principles for spectrum allocation and dealing with insolvent telcos.

Some facts About Telecommunications Bill, 2023:

• The Telecommunications Bill, 2023 amends and consolidates the laws relating to:
  • development, expansion and operation of telecommunication services and telecommunication networks;
  • Assignment of spectrum; and for matters connected therewith.
• The new Bill seeks to replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

Some Key Features of Telecommunications Bill, 2023

• Authorization for Telecom Activities:
  • Central government approval required for telecommunication services, network operations, and radio equipment possession.
• Spectrum allocation through auction, except for specific purposes like national security, disaster management, and satellite services.
• Interception and Search Powers:
  • Messages may be intercepted or blocked for public safety or emergencies.
  • Telecom services may be suspended under similar grounds.
  • Authorized officers can search premises or vehicles for unauthorized telecom equipment.
• User Protection Measures:
  • Central government is empowered to implement user protection measures.
  • Measures include prior consent for specified messages, creation of “Do Not Disturb” registers, and a mechanism for reporting malware.
• Right of Way for Telecom Infrastructure:
  • Entities laying telecom infrastructure can seek right of way over public or private property.
  • Right of way provided on a non-discriminatory and non-exclusive basis to the extent possible.
• TRAI Appointments Amendment:
  • Amendments to the TRAI Act allow individuals with at least 30 years of professional experience to serve as Chairperson and 25 years for members.
• Digital Bharat Nidhi:
  • Universal Service Obligation Fund renamed Digital Bharat Nidhi.
  • Fund usage expanded to include research and development in telecom.
• Offences and Penalties:
  • Criminal and civil offences specified in the Bill.
  • Providing unauthorized telecom services or breaching terms incurs penalties, including imprisonment and fines.
• Adjudication Process:
  • Central government appoints adjudicating officers for civil offences.
  • Officers must hold the rank of joint secretary or above.