RTI Applications on Blocking of Websites

While under the law (i.e., s.69A of the Information Technology Act), the Department of Information Technology (DIT) has the power to order blocks (via the Designated Officer), in some cases it has been noted that the ISPs have noted that the order to block access to the websites have come from the Department of Telecom (DoT). Due to this, we have sent in RTI applications to both the DIT and the DoT.

RTI Application to Department of Information Technology

To

ShriB.B.Bahl,
JointDirector and PIO (RTI)Officeof PIO (RTI)RoomNo 1016, Electronics NiketanDepartmentof Information Technology (DIT)Ministryof Communications and Information Technology6,CGO Complex, New Delhi

DearSir,

Subject:Information on Website Blocking Requested under the Right toInformation Act, 2005

1.Full Name of the Applicant:PraneshPrakash

2.Address of the Applicant:E-mailAddress:pranesh[at]cis-india.org

MailingAddress:Centrefor Internet and Society194,2-C Cross,DomlurStage II,Bangalore– 560071

3.Details of the information required:

Ithas come to our attention that Airtel Broadband Services (“Airtel”)has recently blocked access to a blog host called TypePad(http://www.typepad.com) (“TypePad”) for all its users across thecountry. In this regard, we request information on the followingqueries under Section 6(1) of the Right to Information Act, 2005:

1. Did the Department order Airtel to block TypePad under s.69A of the Information Technology Act (“IT Act”), 2000 read with the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 (“Rules”) or any other law for the time being in force? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites in contravention of s.69A of the IT Act?

2. Has the Department ever ordered a block under s.69A of the IT Act? If so, what was the information that was ordered to be blocked?

3. How many requests for blocking of information has the Designated Officer received, and how many of those requests have been accepted and how many rejected? How many of those requests were for emergency blocking under Rule 9 of the Rules?

4. Please provide use the present composition of the Committee for Examination of Requests constituted under Rule 7 of the Rules.

5. Please provide us the dates and copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules, and copies of their recommendations.

6. Please provide us the present composition of the Review Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.

7. Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules, and copies of all orders issued by the Review Committee.

4.Years to which the above requests pertain:2008-2011

5.Designation and Address of the PIO from whom the information isrequired:

ShriB.B.Bahl,JointDirector and PIO (RTI)Officeof PIO (RTI)RoomNo 1016, Electronics NiketanDepartmentof Information Technology (DIT)Ministryof Communications and Information Technology6,CGO Complex, New Delhi

Tothe best of my belief, the details sought for fall within yourauthority. Further, as provided under section 6(3) of the Right toInformation Act (“RTI Act”), in case this application does notfall within your authority, I request you to transfer the same in thedesignated time (5 days) to the concerned authority and inform me ofthe same immediately.

Tothe best of my knowledge the information sought does not fall withinthe restrictions contained in section 8 and 9 of the RTI Act, and anyprovision protecting such information in any other law for the timebeing in force is inapplicable due to section 22 of the RTI Act.

Pleaseprovide me this information in electronic form, via the e-mailaddress provided above.

Thisto certify that I, Pranesh Prakash, am a citizen of India.

Afee of Rs. 10/- (Rupees Ten Only) has been made out in the form of ademand draft drawn in favour of “Pay and Accounts Officer,Department of Information Technology” payable at New Delhi.

Date:Monday, February 28, 2011Place:Bengaluru, Karnataka

(PraneshPrakash)

RTI Application to Department of Telecom

To

ShriSubodh SaxenaCentralPublic Information Officer (RTI)Director(DS-II)RoomNo 1006, Sanchar BhawanDepartmentof Telecommunications (DoT)Ministryof Communications and Information Technology20,Ashoka Road, New Delhi — 110001

DearSir,

Subject:Information on Website Blocking Requested under the Right toInformation Act, 2005

1.Full Name of the Applicant:PraneshPrakash

2.Address of the Applicant:E-mailAddress:pranesh[at]cis-india.org

MailingAddress:Centrefor Internet and Society194,2-C Cross,DomlurStage II,Bangalore– 560071

3.Details of the information required:

Ithas come to our attention that Airtel Broadband Services (“Airtel”)has recently blocked access to a blog host called TypePad(http://www.typepad.com) (“TypePad”) for all its users across thecountry. Airtel subscribers trying to access this website receive amessage noting “This site has been blocked as per request byDepartment of Telecom”. In this regard, we request information onthe following queries under Section 6(1) of the Right to InformationAct, 2005:

1. Does the Department have powers to require an Internet Service Provider to block a website? If so, please provide a citation of the statute under which power is granted to the Department, as well as the the safeguards prescribed to be in accordance with Article 19(1)(a) of the Constitution of India.

2. Did the Department order Airtel to block TypePad or any blog hosted by TypePad? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites?

3. Has the Department ever ordered the blocking of any website? If so, please provide a list of addresses of all the websites that have been ordered to be blocked.

4. Please provide use the present composition of the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.

5. Please provide us the dates and copies of the minutes of all meetings held by the Committee constituted under rule 419A of the Indian Telegraph Rules, 1951, and copies of all their recommendations.

4.Years to which the above requests pertain:2005-2011

5.Designation and Address of the PIO from whom the information isrequired:ShriSubodh SaxenaCentralPublic Information Officer (RTI)Director(DS-II)RoomNo 1006, Sanchar BhawanDepartmentof Telecommunications (DoT)Ministryof Communications and Information Technology20,Ashoka Road, New Delhi — 110001

Tothe best of my belief, the details sought for fall within yourauthority. Further, as provided under section 6(3) of the Right toInformation Act (“RTI Act”), in case this application does notfall within your authority, I request you to transfer the same in thedesignated time (5 days) to the concerned authority and inform me ofthe same immediately.

Tothe best of my knowledge the information sought does not fall withinthe restrictions contained in section 8 and 9 of the RTI Act, and anyprovision protecting such information in any other law for the timebeing in force is inapplicable due to section 22 of the RTI Act.

Pleaseprovide me this information in electronic form, via the e-mailaddress provided above.

Thisto certify that I, Pranesh Prakash, am a citizen of India.

Afee of Rs. 10/- (Rupees Ten Only) has been made out in the form of ademand draft drawn in favour of “Pay and Accounts Officer (HQ),Department of Telecom” payable at New Delhi.

Date:Monday, February 28, 2011Place:Bengaluru, Karnataka

(PraneshPrakash)