9/18/2019 India | Global Network Initiative established and maintained or worked on by any person authorised under the IT Act. LICENSES The government has the following special powers under the UASL and the ISP License: 1) Under Clause 39.16 of Part-I of the UL, Clause 41.13 of the UASL and Clause 10.5 of the ISP License; the government may “take over the service, equipment and networks of the licensee” in the event that such directions are issued in the public interest by the Government of India in the event of a national emergency, war, low-intensity conflict, or any other eventuality. 2) As per Clause 39.1 of Part-I of the UL, Clause 41.1 of the UASL and Clause 34.1 of the ISP License, the licensee must “provide necessary facilities depending upon the specific situation at the relevant time to the Government to counteract espionage, subversive act, sabotage or any other unlawful activity”. 3) Under Clause 39.24 of Part-I of the UL, Clause 41.5 of the UASL and Clause 5.1 of the ISP License, the government may revise the license Clauses at any time if “considered necessary in the interest of national security and public interest”. 4) In terms of Clause 39.15 of Part-I of the UL, Clause 41.11 of the UASL and Clause 34.9 of the ISP License, the government may, through appropriate notification, block the usage of mobile terminals in certain areas of the country. In such cases, the licensee must deny service in the specified areas within six hours of receiving the request. 5) Under Clause 39.23 (xviii) of Part-I of the UL, 41.20(xviii) of the UASL and Clause 34.28(xviii) of the ISP License, the government may restrict the licensee from operating in any sensitive area on national security grounds. In addition, Clause 33.7 of the ISP License and Clause 39.14 of the UL provide that the “use of the network for anti-national activities” (such as breaking into an Indian network) may be deemed sufficient reason to revoke the license, and will be considered an offence punishable under criminal law. The IT Act, the UASL and the ISP License do not prescribe the method and the instrument that the government may use in this regard. https://clfr.globalnetworkinitiative.org/country/india/ 7/9