Telecommunications Rules 2024

The Union government has notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024.

What is Message Interception?

It is the act of secretly accessing or capturing messages sent between two or more people without their permission.
The new rule regarding message interception aims to safeguard national security while addressing concerns over potential Right to Privacy violations.
- It replaces Rule 419A of the Indian Telegraph Rules, 1951.

Purpose: To allow authorized agencies to intercept messages for specific reasons and for limited durations.
It is based on existing call interception protocols.
Duration: Interception permitted for a maximum of six months.
Competent Authorities for Approvals
- Union Level: Home Secretary.
- State Level: Chief Secretary.
- Urgent Cases: Joint Secretary or Inspector General-level officers can issue interim orders, subject to confirmation by the competent authority within three working days.
- Failure to confirm within 7 working days will terminate the interception, and collected data cannot be used as evidence.

R.M. Malkani v. State of Maharashtra (1973): This case revolved around the question that criminal prosecution can be started against a person on just part of telephonic conversation or not.
Admissibility of telephonic conversation: In this case, SC ruled that a recorded telephonic conversation , if it is relevant and does not violate any provision of Indian evidence act (IEA), can be used as evidence.
- However, it should be recorded in such a way so that accuracy can be verified.

Base	Rule 419A	New Rule
Relaxation of ‘Emergent Cases’ Condition	Allowed interception only in emergent cases.	Broadened scope to include “remote areas” or “operational reasons.”
Limits on Authorized Officers	No limit on the number of officers at the Inspector General rank at the state level.	Only the head or the second senior-most officer of the authorized agency can issue interception orders.
Validation of Interception Orders	No specific validation timeline.	Orders not confirmed within seven days become invalid, and collected data cannot be used.

Potential for Misuse: There are concerns that these rules could be misused by authorities, leading to unwarranted surveillance of citizens.
Privacy Violation: These rules infringe on the fundamental right to privacy of individuals.

Indian Telegraph Act, 1885 : The Indian Telegraph Act, 1885, granted the government powers to intercept messages for reasons such as public safety and national security.
Rule 419A (2007): It was introduced in 2007 following the landmark Supreme Court judgment in the case of PUCL vs. Union of India (1996).
- The PUCL ruling emphasized the importance of protecting an individual’s Right to Privacy under Article 21 of the Constitution.
- Key provisions introduced under Rule 419A:
  - Clear approval process for interception.
  - Accountability mechanisms for law enforcement agencies.
  - Oversight by senior officials to ensure that interception is not misused.

Man-in-the-Middle (MITM) Attack: Hackers place themselves between the sender and receiver to capture messages.
Network Sniffing: Monitoring unsecured networks like public Wi-Fi to steal data.
Malware: Malicious software is used to access or redirect messages.
Man-in-the-Middle (MITM) Attack
SIM Swapping : Attackers duplicate a SIM card to intercept SMS messages and calls.
Phishing: Tricking users into sharing login credentials through fake emails or websites to access communications.
Exploitation of Software Vulnerabilities : Using outdated or flawed software to gain unauthorized access to messages.
Why Is It Done?
- To spy on individuals or organizations.
- To steal sensitive information like passwords or bank details.
- For government or agency surveillance.
Effects:
- Breach of privacy.
- Loss of personal or sensitive data.
- Can lead to legal and ethical problems.
How to Prevent It?
- Use apps or platforms with end-to-end encryption.
- Avoid using public Wi-Fi for important communications.
- Keep your software and devices updated.
- Use strong passwords and secure your accounts.

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