Cyber Cafe Law & Rules u/s (79) in India

G.S.R. (E).

In exercise of the powers conferred by clause (zg) of sub¬section (2) of section 87 read with sub-section (2) of section 79 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely :-

1. Short title and commencement.

(1) These rules may be called the Information Technology (Guidelines for Cyber Cafe) Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.

 (1) In these rules, unless the context otherwise requires,-¬

  (t) “Act” means the Information Technology Act, 2000 (21 of 2000);

  (u) “Appropriate Government” means the Central Government or the State Government or an Union Territory Administration;

  (v) “Cyber Cafe” means cyber café as defined in clause (na) of sub-section (1) of section 2 of the Act;

  (w) “computer resource” means a computer resource as defined in clause (k) of sub-section (1) of section 2 of the Act;

  (x) “Data” means data as defined in clause (o) of sub-section (1) of section 2 of the Act; 

  (y)“Information” means information as defined in clause (v) of sub-section (1) of section 2 of the Act;

  (z)“Intermediary” means an intermediary as defined in clause (w) of sub-section

(1) of section 2 of the Act; (aa) “Registration Agency” means an agency designated by the Appropriate Government to register cyber café for their operation;

(bb) “Log Register” – means a register maintained by the Cyber Café for access and use of computer resource;

(cc) “User”means a person who avails or access the computer resource and includes other persons jointly participating in availing or accessing the computer resource in a cyber café.

(2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Agency for registration of cyber café.

(1) All cyber cafes shall be registered with a unique registration number with an agency called as registration agency as notified by the Appropriate Government in this regard. The broad terms of registration shall include:

  a. name of establishment;

  b.address with contact details including email address;

  c. whether individual or partnership or sole properitership or society or company; 

  d. date of incorporation; 

  e.name of owner/partnet/properiter/director;

  f. whether registered or not (if yes, copy of registration with Registrar of Firms or Registrar of Companies or Societies); and

  g. type of service to be provided from cyber café

Registration of cyber café may be followed up with a physical visit by an officer from the registration agency.

(2) The details of registration of cyber café shall be published on the website of the registration agency.

(3) The Appropriate Government shall make an endeavour to set up on-line registration facility to enable cyber café to register on-line.

(4) The detailed process of registration to be mandatorily followed  by each Registration Agency notified by the Appropriate Government shall be separately notified under these rules by the central Government. 

4. Identification of User.

(1) The Cyber Café shall not allow any user to use its computer resource without the identity of the user being established.  The intending user may establish his identify by producing a document which shall identify the users to the satisfaction of the Cyber Café. Such document may include any of the following :

(i)  Identity card issued by any School or College; or

(ii) Photo Credit Card or debit card issued by a Bank or Post Office; or

(iii) Passport; or

(iv) Voter Identity Card; or

(v)Permanent Account Number (PAN) card issued by Income-Tax Authority; or

(vi)  Photo Identity Card issued by the employer or any Government Agency;

or

(vi)  Driving License issued by the Appropriate Government; or

(vii)  Unique Identification (UID) Number issued by the Unique Identification
 Authority of India (UIDAI).

(2) The Cyber Café shall keep a record of the user identification document by either storing a photocopy or a scanned copy of the document duly authenticated by the user and authorised representative of cyber cafe. Such record shall be securely maintained for a period of at least one year.

(3) In addition to the identity established by an user under sub-rule (1), he may be photographed by the Cyber Café using a web camera installed on one of the computers in the Cyber Café for establishing the identity of the user.  Such web camera photographs, duly authenticated by the user and authorised representative of cyber café, shall be part of the log register which may be maintained in physical or electronic form.

(4) A minor without photo Identity card shall be accompanied by an adult with any of the documents as required under sub-rule (1). 

(5) A person accompanying a user shall be allowed to enter cyber café after he has established his identity by producing a document listed in sub-rule(1) and record of same shall be kept in accordance with sub-rule (2).

(6) The Cyber café shall immediately report to the concerned police, if they have reasonable doubt or suspicion regarding any user.
  

5. Log Register:-

(1) After the identity of the user and any person accompanied with him has been established as per sub-rule (1) of rule 4, the Cyber Café shall record and maintain the required information of each user as well as accompanying person, if any, in the log register for a minimum period of one year.  

(2) The Cyber Café may maintain an online version of the log register. Such online version of log register shall be authenticated by using digital or electronic signature. The log register shall contain at least the following details of the user, namely : ―

 (i) Name

 (ii) Address

 (iii) Gender

 (iv) Contact Number

 (v) Type and detail of identification document

 (vii)  Date

 (vii) Computer terminal identification

 (viii)  Log in Time 

 (ix) Log out Time

(3) Cyber Café shall prepare a monthly report of the log register showing date-wise details on the usage of the computer resource and submit a hard and soft copy of the same to the person or agency as directed by the registration agency by the 5th day of next month.

(4)  The cyber café owner shall be responsible for storing and maintaining backups of following log records for each access or login by any user of its computer resource for at least one year:―

  (i) History of websites accessed using computer resource at cyber café;

  (ii) Logs of proxy server installed at cyber café.

Cyber Café may refer to “Guidelines for auditing and logging – CISG-2008-01” prepared and updated from time to time by Indian Computer Emergency Response Team (CERT-In) for any assistance related to logs. This document is available at www.cert-in.org.in

(5) Cyber café shall ensure that log register is not altered and maintained in a secure manner for a period of at least one year.

6. Management of Physical Layout and computer resource.

(1)  Partitions of Cubicles built or installed if any, inside the Cyber Café, shall not exceed four and half feet in height from the floor level.

(2) The screen of all computers, installed other than in Partitions or Cubicles, shall face ‘outward’, i.e. they shall face the common open space of the Cyber Café.

(3) Any Cyber Café having cubicles or partitions shall not allow minors to use any computer resource in cubicles or partitions except when they are accompanied by their guardians or parents.

(4) All time clocks of the computer systems and servers installed in the Cyber Café shall be synchronised with the Indian Standard Time.

(5) All the computers in the cyber café may be equipped with the commercially available safety or filtering software so as to the avoid, as far as possible, access to the websites relating to pornography including child pornography or obscene information.. 

(6) Cyber Café shall take sufficient precautions to ensure that their computer resource are not utilised for any illegal activity.

(7) Cyber Café shall display a board, clearly visible to the users, prohibiting them from viewing pornographic sites as well as copying or downloading information which is prohibited under the law.

(8) Cyber Café shall incorporate reasonable preventive measures to disallow the user from tampering with the computer system settings.

(9) Cyber café shall maintain the user identity information and the log register in a secure manner.

(10) Cyber café shall also maintain a record of its staff for a period of one year.

(11) Cyber café shall not misuse or alter the information in the log register.

7. Inspection of Cyber Café :

(1) An officer authorised by the registration agency, is authorised to check or inspect cyber café and the computer resource or network established therein at any time for the compliance of these rules.  The cyber café owner shall provide every related document, registers and any necessary information to the inspecting officer on demand.
 

Cyber Cafe Rules Effective from 11th April 2011 ( cyberlawconsulting@gmail.com )

 

Published in Criminal Law
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