9/18/2019 India | Global Network Initiative officials to intercept the information and to provide information stored in the computer. LICENSES Under the UL, the UASL and the ISP License Agreement, the licensee is required to provide access to all call data records as well any other electronic communication. Under Clause 8.3 of Part-II, Chapter VIII of the UL, and Clause 41.10 of the UASL, the licensee is required to provide the call data records of all the calls handled by the licensee as and when required by the government. Clause 38.2 of Part-I of the UL, and Clause 33.4 of the ISP License requires the licensee to provide the government with the required tracing facilities to trace messages or communications, when such information is required for investigation of a crime or for national security purposes. Section 91 of the CrPC permit a court or officer in charge of a police station to issue a summons or written order respectively, requiring the production of “any document or other thing… necessary or desirable for the purposes of any investigation, inquiry, trial or proceeding”. Section 69 of the IT Act permits authorised government officials to “intercept or monitor information transmitted, generated, received or stored in any computer”. Accordingly, the service provider is required to extend all technical facilities, equipment and technical assistance to the authorised government officials to intercept the information and to provide information stored in the computer. Interception has been defined under Rule 2(l) of the Interception Rules to include the acquisition of “the contents of any information” through any means in so far as it enables the content of the information to be made available to a person other than the intended recipient. National Security and Emergency Powers LEGISLATION Under Section 5(1) of the ITA Act, if there is a public emergency or in the interest of public safety, the government believes it is necessary, the government has the power to temporarily take possession of the ‘telegraph’ https://clfr.globalnetworkinitiative.org/country/india/ 6/9