admin tell your lawyer friend to sue the govt against sec 69 as it violates the telegraph act and fundamental right to privacy.we are now guilty until proven innocent
http://www.sacw.net/article606.html
DAMMIT
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Some recent commentary on the amendments to the Information Technology Act has claimed that the amendments are little different from powers already with the state in the Indian Telegraph Act of 1885, and thus civil-liberties concerns are mistaken. This is not correct. Section 69 of the Information Technology (Amendment) Act 2008, passed by Parliament on December 23, 2008, is far more intrusive than the Indian Telegraph Act of 1885, which was drafted to protect the interests of the British Raj. Under the new IT Act, any Government official or policeman will be able to listen in to all your phone calls, read your SMSs and emails, and monitor the websites you visit. And he will not require any warrant from a magistrate to do so.
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In December 1996, the Supreme Court delivered its judgment: it pointed out that “unless a public emergency has occurred or the interest of public safety demands, the authorities have no jurisdiction to exercise the powers” given them under 5(2). They went on to define them thus: a public emergency was the “prevailing of a sudden condition or state of affairs affecting the people at large calling for immediate action”, and public safety “means the state or condition of freedom from danger or risk for the people at large”. Without those two, however “necessary or expedient”, it could not do so.
But Section 69 of the amended IT Act drops all references to public emergency or public safety, meaning that the government’s powers have been vastly extended.
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damm they are violating SC order.
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look a this shit
In view of the many incidents of tapping of the phones of politicians, the Supreme Court in the PUCL case laid out procedures and guidelines to protect citizens against the arbitrary exercise of power by the government. But this judgement as well as the relevant sections of the Telegraph Act have become infructuous with the passage of the amended IT Act, since the latter has overriding effect.
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And what of the safeguards in the act? Well, when the Government has not formulated any safeguards to Section 5 of the Telegraph Act since Independence, it is unrealistic to expect it to formulate any safeguards under Section 69 (2) of the amended IT Act — especially in view of the prevailing terrorism situation.
F****:madness:
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Until suitable safeguards are in place, Section 69 of the Information Technology (Amendment) Act of 2008 appears to be in violation of Article 21 of the Constitution — “no person shall be deprived of his life or personal liberty except according to procedure established by law.” It is unfortunate that a democratic and independent India has passed a law which is far more detrimental to personal liberty than the British Raj did.
