Aimed at tightening procedures and safeguards to monitor and intercept data to prevent cybercrimes, the Information Technology (Amendment) Act, 2008, has become effective Oct 28,’09. The Act was passed by both the Houses of Parliament in December last year and was notified in February this year.

Besides monitoring and interception, the amended Act also deals with the appointment of Indian Computer Emergency Response Team, which deals with computer security and situations arising from cyber attacks.

The government, under Section 69A of the amended IT Act, can “block public access of any information generated, transmitted, received, stored or hosted in a computer resource” in the interest of sovereignty or integrity of India; defence of India; security of the state; friendly relations with foreign states; public order; and to prevent incitement to the commission of any cognisable offence relating to the above.

These orders will be carried out by government-appointed officers, not below the rank of a joint secretary. The Information Technology Act was enacted in 2000 with a view to provide legal recognition to e-commerce and e-transactions, to facilitate e-governance and prevent computer-based crimes. The adjudicating officers can only decide on the civil issues The government, under Section 70B of the IT Act, has appointed ICERT to monitor offences under the Act.