The union government must clearly define the jurisdiction of a slew of fresh laws that are being drawn up to oversee India’s vibrant telecom and information technology sectors in order to avoid regulatory discord in future, multiple cyber policy<\/a> experts told ET. 联邦政府必须清晰地定义管辖正在起草一系列新的法律监督印度充满活力的电信和信息技术部门,以避免将来监管不协调,多个网络政策专家告诉等。
They pointed to a potential“ overlap” between certain provisions in the newly announced draft Indian Telecommunication Bill, 2022 and the existing IT Act as well as the revamped Information Technology Act (The Digital India Act) and the upcoming Personal Data Protection (PDP) Bill as a matter of “concern.”
The new telecom policy –released on Wednesday--has included over-the-top<\/a> (OTT<\/a>) communication services such as WhatsApp, Telegram<\/a> and Signal under its ambit, even as the proposed IT regulations are also expected to include provisions that will govern these companies, they noted.
As the government is drawing up both telecom and IT laws<\/a> afresh, it needs to decide which of the regulators-- whether it is the Telecom Regulatory Authority of India<\/a> (TRAI) or the proposed Data Protection Authority<\/a> (DPA) under the PDP Bill— will have oversight of these companies, said the people cited above.
Currently, apps like WhatsApp are regulated under the IT Act, while provisions under the IT Rules, notified last year, have also increased oversight of significant social media firms such as WhatsApp including provisions pertaining to traceability of messages.
Meanwhile, the newly released draft telecom policy has also expanded the definition of “telecommunication services” to include OTT communication services, which means these companies will also be regulated under the new law.
The Clause 24 (2) (a) of the draft telecom Bill<\/a> also states that information transmitted and received over telecommunication services could be intercepted by an authorised official of the government “in the interest of the sovereignty, integrity or security of India, friendly relations with foreign states, public order, or preventing incitement to an offence”.
Some industry experts noted that this provision could open up the debate over breaking of encryption. Meta-owned WhatsApp, which claims to be end-to-end encrypted, has previously taken the government to court for mandating it to identify the first originator of messages.
WhatsApp did not reply to ET’s queries on the matter.
“OTT services are already being forced to comply with IT laws that don’t factor in modern privacy technology and intent, especially end-to-end encryption. Extending telecom laws<\/a> to also paint these by the same brush as phone calls for interception will make for one more unnecessary headache that doesn’t achieve anything additional for the country or its law enforcement,” said Prasanto K Roy, cyber policy expert.
“And the OTTs face other upcoming regulations, including Data Protection and the Digital India Act. Even though the extant 1885 act was overdue by about a half-century for an overhaul, this duplication is unnecessary,” he added.
Others such as Salman Waris, a partner at legal firm TechLegis was of the view that the “government is trying to put in place multiple mechanisms to exercise control over the internet via different regulations, ( it) wants to have the ability to be able to ‘control and analyse’ content and communication on OTT players in ‘real-time’ rather than conducting a post-mortem subsequently.”
Pointing to “substantial overlap ( between) the proposed draft of the Telecommunication Bill, the existing provisions of the IT Act and IT Rules, and the now withdrawn Personal Data Protection Bill<\/a>,” Waris said it will “only add to the regulatory woes of service providers.”
Noting that the “end-to-end encryption offered by many OTT players has been a bone of contention. While the intermediary rules obligate apps to provide on-demand information to law enforcement agencies, apps, citing encryption, express inability,” he added.
Divided views<\/strong>
To be sure telecom operators have argued for regulation of OTT players that offer similar communication services. While telecom companies are subjected to various licensing and regulatory provisions, OTT players virtually operate unregulated, preventing a level-playing field, according to Waris.
Aman Taneja, lead, Emerging Technologies, Ikigai Law, said, “Both regulations need to be crafted such that there is no mingling of the streams. Specifically, on the aspect of traceability and breaking end-to-end encryption, there are already cases challenging these provisions which are pending, so judicial clarity on these aspects becomes all the more important.”
Holding that it is possible for more than one regulator to regulate a space, Taneja said it is, however, important to have clarity about what aspects each regulator oversees to avoid any inconsistency that is difficult for businesses to navigate. For instance, “while the proposed telecom law looks at licensing obligations and consequences which flow from that, the Digital India Bill which is still awaited may be limited to content regulation and conditions for intermediary safe harbour,” he said.
Elsewhere, lawyers pointed to the possibility of the new “Digital India Bill reported to replace the Information Technology Act, 2000 soon, may or may not provide for provisions to govern OTT altogether, including the aspect of content services by OTT platforms.”
Harsh Walia, Partner, Khaitan & Co, said, under the new telecom Bill, the definition of “telecommunication services” includes, inter alia, OTT communication services only and thus does not give the impression to incorporate OTT, as a whole, within its scope.”
However, as one “cannot rule out potential overlap of powers that may arise in the future, it is only prudent to expect that the Government will enact these Bills after extensive caution,” he added.
<\/p><\/body>","next_sibling":[{"msid":94380153,"title":"Telecom bill provides roadmap for industry restructuring, innovation: Ashwini Vaishnaw","entity_type":"ARTICLE","link":"\/news\/telecom-bill-provides-roadmap-for-industry-restructuring-innovation-ashwini-vaishnaw\/94380153","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"94382603","title":"it","entity_type":"IMAGES","seopath":"tech\/technology\/experts-flag-regulatory-overlap-as-govt-redraws-telecom-it-laws\/it","category_name":"Experts flag regulatory overlap as government redraws telecom, IT laws","synopsis":false,"thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-31370\/94382603.cms?width=150&height=112","link":"\/image\/tech\/technology\/experts-flag-regulatory-overlap-as-govt-redraws-telecom-it-laws\/it\/94382603"}],"msid":94385969,"entity_type":"ARTICLE","title":"Experts flag regulatory overlap as government redraws telecom, IT laws","synopsis":"Noting that the \u201cend-to-end encryption offered by many OTT players has been a bone of contention. ","titleseo":"telecomnews\/experts-flag-regulatory-overlap-as-government-redraws-telecom-it-laws","status":"ACTIVE","authors":[{"author_name":"Suraksha P","author_link":"\/author\/479244511\/suraksha-p","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479244511.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479244511,"author_name":"Suraksha P","author_seo_name":"suraksha-p","designation":"Correspondent","agency":false}},{"author_name":"Surabhi Agarwal","author_link":"\/author\/479241991\/surabhi-agarwal","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479241991.cms?width=100&height=100","author_additional":{"thumbsize":false,"msid":479241991,"author_name":"Surabhi Agarwal","author_seo_name":"surabhi-agarwal","designation":"Correspondent","agency":false}}],"Alttitle":{"minfo":""},"artag":"ETtech","artdate":"2022-09-23 07:24:22","lastupd":"2022-09-23 07:24:53","breadcrumbTags":["telecom bill","it laws","telegram","personal data protection bill","telecom laws","over-the-top","ott","telecom regulatory authority of india","data protection authority","Policy"],"secinfo":{"seolocation":"telecomnews\/experts-flag-regulatory-overlap-as-government-redraws-telecom-it-laws"}}" data-authors="[" suraksha p","surabhi agarwal"]" data-category-name="" data-category_id="" data-date="2022-09-23" data-index="article_1">
他们指出某些规定之间的一个潜在的“重叠”新宣布的印度电信法案的草案,2022年和现有法案以及修改信息技术法案(数字印度法案)和即将到来的个人数据保护法案(PDP)的“担忧”。
周三出新的电信政策——包括过多的(奥特)通信服务,如WhatsApp,电报和信号在其范围,尽管拟议的法规也将包括管理这些公司的规定,他们指出。
目前,应用像WhatsApp的规范是由行动,在规定的规则,去年通知,也增加了监管等重要的社交媒体公司WhatsApp包括规定有关消息的可追溯性。
与此同时,新发布的草案电信政策也扩大“电信服务”的定义包括奥特通信服务,这意味着这些公司还将根据新的法律规定。
24 (2)(a)条款的汇票电信法案还指出,信息传播和接收在电信服务可以被授权政府官员“在主权的利益、完整性或印度的安全,与外国的友好关系,公共秩序,或防止煽动犯罪”。
一些业内专家指出,这一条款可能打开加密的争论打破。Meta-owned WhatsApp,自称是端到端加密,曾被政府法院强制它识别第一个消息的发起者。
WhatsApp没有回复等的查询。
“奥特服务已经被迫遵守法律,不要因素在现代技术和隐私的意图,特别是端到端加密。扩展电信法律也这些同样的油漆刷作为拦截电话将为一个不必要的头痛不实现任何其他国家或其执法,”罗伊Prasanto K说,网络政策专家。
”和奥特面临其他即将到来的法规,包括数据保护和数字印度行动。即使现存1885年过期了半个世纪的改革,这是不必要的重复,”他补充道。
萨尔曼·瓦里斯-等,法律事务所合伙人TechLegis被认为“政府正试图建立多个机制来控制互联网通过不同的规定,(it)想要的能力能够控制和分析的内容和沟通奥特球员“实时”而不是随后进行验尸。”
指向“大量重叠(之间)的提议草案电信法案,法案和它的现有规定规则,和现在撤回个人数据保护法案瓦里斯-说:“它将“只添加到服务提供者的监管困境。”
注意的是,许多奥特球员提供的“端到端加密一直是争论的焦点。而中介规则强制应用程序向执法机构提供随需应变的信息,应用,引用加密、表达能力,”他补充道。
分裂的观点
可以肯定的是电信运营商监管奥特球员都主张,提供类似的通信服务。在电信公司受到各种许可和监管规定,奥特球员几乎不受监管的操作,防止一个公平的环境,根据瓦里斯-。
阿曼希夫、铅、新兴技术、生活价值法,说,“这两个法规需要精心制作,没有混合的流。具体来说,可跟踪性和断裂方面的端到端加密,已经有悬而未决的情况下挑战这些规定,所以司法明确这些方面变得更加重要。”
认为有可能不止一个监管机构来调节空间,希夫说,然而,重要清楚哪些方面每个监管机构监督,以避免任何不一致,企业很难导航。例如”,而该电信看着许可义务和法律后果流,数字印度比尔仍然等待可能有限内容监管和中介条件安全港,”他说。
在其他地方,律师指出可能的新“数字据报道,印度比尔取代信息技术法案,2000年很快,可能会或可能不会提供规定管理奥特,包括内容服务方面的奥特平台。”
严酷的生活伴侣,比& Co)说,根据新的电信法案,“电信服务”包括的定义,尤其,奥特只通信服务,从而不给把奥特的印象,作为一个整体,其范围内。”
然而,作为一个“不能排除可能出现的潜在的权力重叠在未来,只有谨慎地认为,政府将颁布这些法案经过广泛谨慎,”他补充道。
The union government must clearly define the jurisdiction of a slew of fresh laws that are being drawn up to oversee India’s vibrant telecom and information technology sectors in order to avoid regulatory discord in future, multiple cyber policy<\/a> experts told ET.
They pointed to a potential“ overlap” between certain provisions in the newly announced draft Indian Telecommunication Bill, 2022 and the existing IT Act as well as the revamped Information Technology Act (The Digital India Act) and the upcoming Personal Data Protection (PDP) Bill as a matter of “concern.”
The new telecom policy –released on Wednesday--has included over-the-top<\/a> (OTT<\/a>) communication services such as WhatsApp, Telegram<\/a> and Signal under its ambit, even as the proposed IT regulations are also expected to include provisions that will govern these companies, they noted.
As the government is drawing up both telecom and IT laws<\/a> afresh, it needs to decide which of the regulators-- whether it is the Telecom Regulatory Authority of India<\/a> (TRAI) or the proposed Data Protection Authority<\/a> (DPA) under the PDP Bill— will have oversight of these companies, said the people cited above.
Currently, apps like WhatsApp are regulated under the IT Act, while provisions under the IT Rules, notified last year, have also increased oversight of significant social media firms such as WhatsApp including provisions pertaining to traceability of messages.
Meanwhile, the newly released draft telecom policy has also expanded the definition of “telecommunication services” to include OTT communication services, which means these companies will also be regulated under the new law.
The Clause 24 (2) (a) of the draft telecom Bill<\/a> also states that information transmitted and received over telecommunication services could be intercepted by an authorised official of the government “in the interest of the sovereignty, integrity or security of India, friendly relations with foreign states, public order, or preventing incitement to an offence”.
Some industry experts noted that this provision could open up the debate over breaking of encryption. Meta-owned WhatsApp, which claims to be end-to-end encrypted, has previously taken the government to court for mandating it to identify the first originator of messages.
WhatsApp did not reply to ET’s queries on the matter.
“OTT services are already being forced to comply with IT laws that don’t factor in modern privacy technology and intent, especially end-to-end encryption. Extending telecom laws<\/a> to also paint these by the same brush as phone calls for interception will make for one more unnecessary headache that doesn’t achieve anything additional for the country or its law enforcement,” said Prasanto K Roy, cyber policy expert.
“And the OTTs face other upcoming regulations, including Data Protection and the Digital India Act. Even though the extant 1885 act was overdue by about a half-century for an overhaul, this duplication is unnecessary,” he added.
Others such as Salman Waris, a partner at legal firm TechLegis was of the view that the “government is trying to put in place multiple mechanisms to exercise control over the internet via different regulations, ( it) wants to have the ability to be able to ‘control and analyse’ content and communication on OTT players in ‘real-time’ rather than conducting a post-mortem subsequently.”
Pointing to “substantial overlap ( between) the proposed draft of the Telecommunication Bill, the existing provisions of the IT Act and IT Rules, and the now withdrawn Personal Data Protection Bill<\/a>,” Waris said it will “only add to the regulatory woes of service providers.”
Noting that the “end-to-end encryption offered by many OTT players has been a bone of contention. While the intermediary rules obligate apps to provide on-demand information to law enforcement agencies, apps, citing encryption, express inability,” he added.
Divided views<\/strong>
To be sure telecom operators have argued for regulation of OTT players that offer similar communication services. While telecom companies are subjected to various licensing and regulatory provisions, OTT players virtually operate unregulated, preventing a level-playing field, according to Waris.
Aman Taneja, lead, Emerging Technologies, Ikigai Law, said, “Both regulations need to be crafted such that there is no mingling of the streams. Specifically, on the aspect of traceability and breaking end-to-end encryption, there are already cases challenging these provisions which are pending, so judicial clarity on these aspects becomes all the more important.”
Holding that it is possible for more than one regulator to regulate a space, Taneja said it is, however, important to have clarity about what aspects each regulator oversees to avoid any inconsistency that is difficult for businesses to navigate. For instance, “while the proposed telecom law looks at licensing obligations and consequences which flow from that, the Digital India Bill which is still awaited may be limited to content regulation and conditions for intermediary safe harbour,” he said.
Elsewhere, lawyers pointed to the possibility of the new “Digital India Bill reported to replace the Information Technology Act, 2000 soon, may or may not provide for provisions to govern OTT altogether, including the aspect of content services by OTT platforms.”
Harsh Walia, Partner, Khaitan & Co, said, under the new telecom Bill, the definition of “telecommunication services” includes, inter alia, OTT communication services only and thus does not give the impression to incorporate OTT, as a whole, within its scope.”
However, as one “cannot rule out potential overlap of powers that may arise in the future, it is only prudent to expect that the Government will enact these Bills after extensive caution,” he added.
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