Mumbai: The Telecommunications Bill, 2023, that allows the government to take over, manage or suspend any or all telecommunication services or networks in the interest of national security, was introduced in Parliament on 18 December.
The bill stated, “The Central Government may, if satisfied that it is necessary or expedient to do so, in the interest of national security ... taking over the control and management of, or suspending the operation of, or entrusting any authority of the Central Government to manage any or all of any telecommunication services, or any telecommunication network or part, thereof, connected with such telecommunication services.”
It also said the Centre may by rules, provide for measures to protect and ensure the cyber security of telecommunication networks and telecommunication services, and the measures may include collection, analysis and dissemination of traffic data that is generated, transmitted, received or stored in telecommunication networks.
The bill empowers the government to notify standards and conformity assessment measures related to encryption and data processing, including identification, analysis, and prevention of intrusion in telecommunication services and telecommunication networks. This means the government can then formulate encryption standards for services such as WhatsApp, potentially dealing a fatal blow to end-to-end encryption and private interpersonal communication.
The draft bill, which was first released for public consultation in September 2022, now proposes designating telecommunication networks as “critical telecommunication networks”. The 2023 version also seeks to rename the Universal Service Obligation Fund as Digital Bharat Nidhi.
According to Vodafone Idea Ltd CEO Akshaya Moondra said, “The Telecommunications Bill, 2023, tabled in the parliament, represents a watershed moment in the telecom reform process and reaffirms the commitment of the Government to provide Indian telecom with a future-fit framework that helps achieve the growth aspirations of new India.
The Bill carries several forward-looking provisions that will help deliver the benefits of digital connectivity to all our citizens. We warmly welcome the rationalization of penalties and the legal enforceability of right of way provisions, a long-standing request of the industry.
Security of telecom networks is paramount, and the Bill recognizes telecom as critical infrastructure and prescribes punitive consequences for those who damage it.
By highlighting the duties of users, the Bill puts equal responsibility on consumers to meet the requirements of national security.”
