9/18/2019 India | Global Network Initiative 2) Under Clause 23.2 of Part-I of the UL, Clause 41.7 of the UASL, and Clause 34.4 of the ISP License the licensee is required to install the equipment that may be prescribed by the government for monitoring purposes. 3) As per Clause 39.23 (xiv) of Part-I of the UL, Clause 34.28(xiv) of the ISP License and Clause 41.20 (xiv) of the UASL, in case of remote access of information, the licensee is required to install suitable technical devices enabling the creation of a mirror image of the remote access information for monitoring purposes. 4) Clause 8.2 of Part-II, Chapter VIII of the UL, and Clause 41.10 of the UASL License requires the licensee to install the necessary hardware/software to enable the government to monitor simultaneous calls. Under Rules 12 and 13 read with Rule 19 of the Interception Rules, once the interception order has been issued as per Rule 3 of the Interception Rules, an officer not below the rank of the Additional Superintendent of Police shall make a written request to the intermediary to provide all facilities and the necessary equipment for the interception of the information. Section 2(w) of the IT Act defines intermediary to include ‘telecom service providers, network service providers and internet service providers’. LICENSES Until 2013, the UASL was entered into between a telecom service provider and the DoT for the provision of access services. Similarly, until 2013, the ISP License was entered into between an internet service provider and the DoT for the provision of internet services. Both these licenses were granted typically for a period of 20 years. Under the UL, the UASL and the ISP License, licensees are bound to take all steps and provide all facilities to enable the government to carry out interception of communications. Clause 40.2 of Part-I of the UL, Clause 42.2 of the UASL and Clause 35.5 of the ISP License provide that the licensee must provide the necessary interception facilities as required under Section 5 of the IT ACT. Clause 8.2 of Part-II of the UL, Clause 41.10 of the UASL and Clause 34.6 of the ISP License provide that designated government officials shall have the right to monitor the telecommunication traffic at any technically feasible point. The licensee is required to make arrangements for simultaneous monitoring by the government. https://clfr.globalnetworkinitiative.org/country/india/ 4/9