[ Posted below are three reports about a
current move by the Indian state to specifically
block a specific online news group on yahoo. The
targeted Group's name on Yahoo is: kynhun · Bri U
Hynniewtrep.
URL: groups.yahoo.com/group/kynhun/
Among other things, the group's posting carried a
newsletter called "The Voice" starting 30th
September 2002* This was produced by a certain
Hynniewtrep National Liberation Council (HNLC)
Strangely even browsing from outside India, there
seems to be problem with the posted content which
is currently inaccessible. You get a message "The
message you requested is temporarily unavailable
because this group has exceeded its download
limit. Please try again later"
Irrespective of the content of postings on the
web site being blocked by Indian agencies, I
would like to express serious concern at the
reported move. What is extremely disturbing is
the suggestion in one of the reports that, being
unable to technically block access to a single
newsgroup hosted on yahoo, apparently all
yahoogroups are now inaccessible to India based
users. This is a gross violation of freedom of
expression and sets a very dangerous precedent of
censorship and control of the internet in India
Harsh Kapoor
South Asia Citizens Web ]
o o o
#1.
http://www.thehindu.com/2003/09/23/stories/2003092312761100.htm
The Hindu,September 23, 2003
Bid to block anti-India website affects users
By Sandeep Dikshit
NEW DELHI SEPT. 23. The Government's first
attempt to block the website of an allegedly
anti-India group has inconvenienced lakhs of
Internet users who are questioning the utility,
process and procedure relating to blocking.
While all Indian Internet Service Providers
(ISPs) have agreed to comply with the
Government's first-ever blocking directive taken
under the Information Technology Act, the
U.S.-based host of this website — Yahoo — has
refused. As the ISPs lack the technical finesse
to block one
sub-group, they have blocked all Yahoo groups or
URLs inconveniencing the users. This web site,
belonging to a militant group espousing the cause
of Meghalaya's Khasi tribe, can still be accessed
by ISPs outside India or those who have not yet
complied with the directive.
Official sources today said that orders were
issued by the Indian Computer Emergency Response
Team (CERT-In) under the Department of
Information Technology as the website "contained
material against the Government of India and the
State Government of Meghalaya". The absence of
any explicit provision in the IT Act for blocking
of websites was because this action was seen by
civil society as amounting to censorship, they
explained. In this case, the blocking was to
ensure "balanced flow of information" and not
censorship, they added.
The process of blocking is surrounded by several
legal controversies, since the power to block
itself does not exist under the IT Act. Through a
notification in February this year, the
Government designated CERT-In as the authority
for blocking of websites. Another notification
five months later listed the officials who can
order blocking and the grounds under which this
can be done. "The inherent sovereign power of the
Government to block can hardly ever be denied.
However, when the Government embarks upon the
process of blocking, it is absolutely imperative
that it must follow those procedures and norms
that cause least discomfort or harm to the entire
netizen community. This appears to be the first
case where blocking of a particular website or
sub-group has had the ramification of causing
inconvenience to the netizens in the sense of
depriving them of access to legal groups, other
than the blocked URL," observes cyberlaw expert,
Pawan Duggal.
"It is hoped that with the passage of time the
Government does come up with appropriate norms
and procedures that can create a smart balance
between the requirements of the sovereign powers
to block and the relative inconvenience, harm and
anxiety caused to the netizen in terms of
blocking of legitimate websites."
Mr. Duggal says that legally speaking; there are
a couple of grey areas. The February notification
setting up CERT-In has been issued under Section
67 and Section 88. Neither Section empowers the
Government to create such an authority.
Therefore, the constitution of CERT-In is of no
legal significance and may not be upheld in a
court of law. "I am not saying that the
Government does not have the power at all to
block or create CERT-In. However, surely the
power does not lie in these provisions."
The Government may succeed in blocking some
websites in some cases but "the problem is that
this provision may be misused by political powers
in the regime to silence political dissent,
criticism and debate. The phenomenon of mirror
sites and emerging technologies along with
intelligent minds of netizens are likely to
rensure that India's blocking adventure starts
its march on a losing note."
______
#2.
http://www.hindustantimes.com/news/printedition/230903/detFRO04.shtml
The Hindustan Times, September 23, 2003
Govt blocks e-group but can't prevent access
Siddharth Zarabi
(New Delhi, September 22)
For the first time since its inception four
months ago, India's Computer Emergency Response
Team (CERT-In) has issued orders for blocking an
obscure e-group on Yahoo.com for "promoting
anti-national news and containing material
against the government of India and the state
government of Meghalaya".
In response, the department of telecom (DoT)
ordered around 200 Indian Internet service
providers (ISPs) to block the 'Kynhun' [*]
discussion group last week. The link is an online
forum that acts as a message board for a
secessionist outfit spread over the seven states
in the Northeast. The group seeks to form an
independent country - Hynniewtrep.
State-owned BSNL, Tata-owned VSNL and Sify have
conveyed to the DoT verbally that they will
comply with the order.
A February 2003 notification empowers CERT-In to
block websites that promote hate content,
defamation and child porn and other objectionable
material.
Many ISPs have told the DoT that selective
blocking could interfere with other legitimate
online discussion groups.
HT failed to access the link using a
government-owned ISP. However, such a block is
futile. A Google search for the offending
material gets you access to the group, and you
can download cached content from this group.
About reports that it has refused to block the
group, a Yahoo India spokesperson said: "We have
not been approached. The content is hosted on
Yahoo.com's US server and whatever content rests
on it is not under Yahoo India's jurisdiction."
*****************
Net nanny
** Who's banned what?
India's Computer Emergency Response Team has
asked ISPs to block a discussion group started on
Yahoo by Meghalaya secessionists
** Will the ban work?
Most surfers in India can't access the group as
around 200 ISPs have been asked to block it. Some
have complied
** But...
You can access cached material via web search.
Link can be accessed via sites like
anonymizer.com. The group can abandon link and
start a new discussion group easily
_____
#3.
http://timesofindia.indiatimes.com:80/cms.dll/html/uncomp/articleshow?msid=196169
The Times of India., September 2003
Yahoo website blocked
TIMES NEWS NETWORK[ MONDAY, SEPTEMBER 22, 2003 09:14:05 PM ]
NEW DELHI: The department of telecom (DoT) has
decided to block a Yahoo website for refusing to
comply with a government request to withdraw
'objectionable' news material.
The website (Groups.yahoo.com/groups/kynhun) was
blocked because it was "promoting anti-national
news and containing material against the
government of India and state government of
Meghalaya."
The blocking was done on the instructions of
Indian Computer Emergency Response Team,
(CERT-In), which falls under the department of
information technology (DiT), the government said
on Monday.
It said that this was the first time that a
website was blocked under CERT, since it was
formed in July. "The representatives of Yahoo in
India were requested to remove the objectionable
material from the reference, however they
declined to comply with the request," said the
statement.
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