New Telecom Rules Unveiled: Key Provisions And Their Impact On Internet And Security
The Telecommunications Act , 2023 came into partial effect in June, prompting the Department of Telecommunications (DoT) to steadily roll out new regulations aimed at implementing significant portions of the updated telecom legislative framework.
These proposed regulations tackle critical issues such as internet shutdowns , cybersecurity , and surveillance , among others. According to Union Minister of Communications, Jyotiraditya Scindia, all provisions under the new Act are expected to be formally notified within 180 days, a statement made during the India Mobile Congress 2024 held in July.
While the Act has drawn criticism for potential threats to privacy and concerns over its vague language, it was passed into law in December last year, replacing outdated laws like The Indian Telegraph Act, 1885. Here’s a look at the key rules proposed under this new telecom law:
Temporary Suspension of Telecommunication Services Rules, 2024
Under the draft rules, internet shutdowns can only be initiated by the Union Home Secretary or the state-level home department secretary. In cases where these officials are unavailable, an officer not below the rank of joint secretary at the Centre can order the shutdown.
Once an order is issued, it must be reviewed within 24 hours, and the findings must be documented within five days. The review committee, comprising senior officials such as the Cabinet Secretary and the DoT Secretary, can nullify the shutdown if it is found to be unlawful.
State governments will also appoint nodal officers to ensure proper implementation of these shutdowns at the regional level.
Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024
These rules outline the procedure for intercepting messages, a power granted to the government for national security or emergency situations. Interception orders must specify the agency responsible and the reasons for the interception.
Each order lasts for 60 days but can be extended up to a maximum of 180 days. Telecom companies are required to appoint senior employees to enforce interception orders and maintain records, which should be destroyed every six months unless needed for operational purposes. Unauthorized interceptions can result in penalties for the telecom operators.
Telecommunications (Telecom Cybersecurity ) Rules, 2024
The central government is allowed to collect and share traffic data from telecom entities with law enforcement and other telecom operators. Traffic data includes information about the routing, timing, and duration of communications.
The new regulations also target fraudulent or malicious communications that threaten cybersecurity, giving the government authority to identify offenders and issue warnings. Telecom identifiers associated with security threats can be temporarily suspended or blocked.
Telecom operators must report security breaches to the government and disclose the steps taken to resolve them. Public disclosure of these incidents will be allowed only if deemed in the public interest by the government.
Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024
These rules are aimed at safeguarding critical telecom infrastructure, which is defined as networks or equipment vital to national security or public safety. The government can designate any telecom infrastructure as critical and authorize inspections of the related hardware and software.
Indian telecom companies are required to appoint a chief telecom security officer responsible for monitoring and reporting on the infrastructure’s security. Modifications to critical infrastructure can only be carried out after receiving government approval.
Telecommunications (Administration of Digital Bharat Nidhi) Rules, 2024
The Universal Services Obligation Fund (USOF) has been rebranded as the Digital Bharat Nidhi (DBN) under the new Telecom Act. The DBN funds projects that promote telecom access in underserved rural and urban areas.
Eligible projects must enhance telecom technology, foster innovation, and support start-ups. Projects will be selected through a bidding process, and the DBN administrator will oversee the fund’s disbursement and project monitoring.
The initiative places a special emphasis on providing telecom services to disadvantaged sections of society, ensuring these services are accessible on an equal basis to all users.
These proposed regulations tackle critical issues such as internet shutdowns , cybersecurity , and surveillance , among others. According to Union Minister of Communications, Jyotiraditya Scindia, all provisions under the new Act are expected to be formally notified within 180 days, a statement made during the India Mobile Congress 2024 held in July.
While the Act has drawn criticism for potential threats to privacy and concerns over its vague language, it was passed into law in December last year, replacing outdated laws like The Indian Telegraph Act, 1885. Here’s a look at the key rules proposed under this new telecom law:
Temporary Suspension of Telecommunication Services Rules, 2024
Under the draft rules, internet shutdowns can only be initiated by the Union Home Secretary or the state-level home department secretary. In cases where these officials are unavailable, an officer not below the rank of joint secretary at the Centre can order the shutdown.
Once an order is issued, it must be reviewed within 24 hours, and the findings must be documented within five days. The review committee, comprising senior officials such as the Cabinet Secretary and the DoT Secretary, can nullify the shutdown if it is found to be unlawful.
State governments will also appoint nodal officers to ensure proper implementation of these shutdowns at the regional level.
Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024
These rules outline the procedure for intercepting messages, a power granted to the government for national security or emergency situations. Interception orders must specify the agency responsible and the reasons for the interception.
Each order lasts for 60 days but can be extended up to a maximum of 180 days. Telecom companies are required to appoint senior employees to enforce interception orders and maintain records, which should be destroyed every six months unless needed for operational purposes. Unauthorized interceptions can result in penalties for the telecom operators.
Telecommunications (Telecom Cybersecurity ) Rules, 2024
The central government is allowed to collect and share traffic data from telecom entities with law enforcement and other telecom operators. Traffic data includes information about the routing, timing, and duration of communications.
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The new regulations also target fraudulent or malicious communications that threaten cybersecurity, giving the government authority to identify offenders and issue warnings. Telecom identifiers associated with security threats can be temporarily suspended or blocked.
Telecom operators must report security breaches to the government and disclose the steps taken to resolve them. Public disclosure of these incidents will be allowed only if deemed in the public interest by the government.
Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024
These rules are aimed at safeguarding critical telecom infrastructure, which is defined as networks or equipment vital to national security or public safety. The government can designate any telecom infrastructure as critical and authorize inspections of the related hardware and software.
Indian telecom companies are required to appoint a chief telecom security officer responsible for monitoring and reporting on the infrastructure’s security. Modifications to critical infrastructure can only be carried out after receiving government approval.
Telecommunications (Administration of Digital Bharat Nidhi) Rules, 2024
The Universal Services Obligation Fund (USOF) has been rebranded as the Digital Bharat Nidhi (DBN) under the new Telecom Act. The DBN funds projects that promote telecom access in underserved rural and urban areas.
Eligible projects must enhance telecom technology, foster innovation, and support start-ups. Projects will be selected through a bidding process, and the DBN administrator will oversee the fund’s disbursement and project monitoring.
The initiative places a special emphasis on providing telecom services to disadvantaged sections of society, ensuring these services are accessible on an equal basis to all users.
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