Sec. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
13
or intermediary or any person who fails to assist the agency referred
(4) The subscriber
to in sub-section (3) shall be punished with imprisonment for a term which may extend to
seven years and shall also be liable to fine,
of its officers specially authorised by it
69A. (1) Where the Central Government or any
so todo, inthe interest of sovereignty
in this behalfis satisfied that it is necessary or expedient
and integrity of India, defence 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, it may subject to the provisions of sub-section (2), for reasons to
be recorded in writing, by order, direct any agency of the Government or intermediary to
block for access by the public or cause to be blocked for access by the public any information
generated, transmitted, received, stored or hosted in any computer resource.
Power to issue
directions for
blocking for
public access
of any
information
through any
computer
resource,
(2) The procedure and safeguards subject to which such blocking for access by the
public may be carried out, shall be such as may be prescribed,
(3) The intermediary who fails to comply with the direction issued under sub-section
(J) shall be punished with an imprisonment for a term which may extend to seven years and
shall also be liable to fine.
69B. (1) The Central Government may, to enhance cyber security and for identification,
analysis and prevention of intrusion or spread of computer contaminant in the country, by
notification in the Official Gazette, authorise any agency of the Government to monitor and
collect traffic data or information generated, transmitted, received or stored in any computer
Power to
authorise to
monitor and
collect traffic
data
or
information
resource.
through any
computer
when
shall,
resource
computer
the
or
in-charge
person
(2) The intermediary or any
resource for
technical
provide
(/),
sub-section
under
authorised
been
called upon by the agency which has
cyber security.
assistance and extend all facilities to such agency to enable online access or to secure and
provide online access to the computer resource generating, transmitting, receiving or storing
such traffic data or information.
(3) The procedure and safeguards for monitoring and collecting traffic data or
information, shall be such as may be prescribed.
(4) Any intermediary who intentionally or knowingly contravenes the provisions of
sub-section (2) shall be punished with an imprisonment for a term which any extend to three
years and shall also be liable to fine.
Explanation—For the purposes of this section,—
(i) “computer contaminant” shall have the meaning assigned to it in section 43;
(if) “traffic data” means any data identifying or purporting to identify any person.
computer system or computer network or Jocation to or from which the communication
is or may be transmitted and includes communications origin, destination, route, time,
date, size, duration or type of underlying service and any other information.’.
35, In section'70 of the principal Act,—
(a) for sub-section (/), the following sub-section shall be substituted,
namely—
\
*(J) The appropriate Government may, by notification in the Official Gazette, .
or indirectly affects the facility of
declare any computer resource which directly
Critical Information Infrastructure, to be a protected system.
Explanation.—For the purposes of this section, “Critical Information
Infrastructure” means the computer resource, the incapacitation or destruction
of which, shall have debilitating impact on national security, economy, public
°
health or safety.’;
Amendment of
section 70.