I messages transmitted by individuals through the ‘telegraph’. 18.12.1996 This Hon’ble Court in People’s Union for Civil Liberties v. Union of India (1997) 1 SCC 301 (“Wiretapping Judgment”) issued a series of safeguards to the Executive in phone tapping, to protect the fundamental rights of citizens. 2007 Almost a decade later, the Central Government inserted Rule 419A to the Telegraph Rules, 1951 to codify the binding direction issued by this Hon’ble in the PUCL Wiretapping judgment (supra). 05.02.2009 By virtue of Information Technology (Amendment) Act, 2008, the Parliament amended Section 69 of the IT Act (impugned herein) to permit the Executive to “monitor” and “decrypt” electronic communications, in addition to interception. Moreover, the Amendment also introduced two additional grounds (viz., ‘defence of India’ and ‘investigation of any offence’) to cause electronic surveillance, which were not present in the Telegraph Act. 27.10.2009 The Information Safeguards for Technology Interception, (Procedure for Monitoring and Decryption of Information) Rules, 2009 [“2009 IT Rules”] enacted pursuant to Section 69(2) read with Section 87(2)(y) of the Act was brought into force. The provisions contained therein are similar to safeguards contained in Rule 419A of the Telegraph Rules.

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