THE INFORMATION TECHNOLOGY (CYBER CAFE REGULATIONS) KERALA RULES, 2007

[1]THE INFORMATION TECHNOLOGY (CYBER CAFE REGULATIONS) KERALA RULES, 2007

PREAMBLE

In exercise of the powers conferred by section 90 of the Information Technology Act, 2000 (Central Act 21 of 2000), the Government of Kerala hereby makes the following rules, namely:-

Rule - 1. Short title and Commencement

(1)     These rules may be called the Information Technology (Cyber Cafe Regulations) Kerala Rules, 2007.

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules the context otherwise requires:-

(a)      "Act" means the Information Technology Act, 2000 (Central Act 21 of 2000);

(b)      "Cyber Cafe" means and includes any establishment by whatever name called, the object of the business of which is to make available to the General public, either for a fee or gratis or as part of rendering or supply of any other goods or services, access to and use of the Internet (in any of its forms or protocols, whether now in existence or yet to be implemented) for any purpose, including but not limited to, recreation and amusement, but does not include any place used purely as a residence or as an office or a place where access to the internet is restricted to employees, staff or similarly authorized personnel;

(c)      "Cyber Cafe Owner/Network Service provider" means the owner or manager of the Cyber Cafe and includes the attendant or any person authorized by the owner to operate the Cyber Cafe;

(d)      "False entry" means entries in Form-I appended to this Rule maintained by the Cyber Cafe Owner, any making any false entry will be deemed to be an offence under the relevant provisions of IPC;

(e)      "Competent Authority" means the authority notified under Section 5A of the Kerala shops and Commercial Establishment Act, 1960 for the Registration of Establishments;

(f)       "Cyber Police Authority" means the SHO of the Cyber Police Station or his superior Officers exercising the powers of SHO of Cyber PS or any other Officer not below the rank of Dy. SP working in the jurisdictional Police Stations or any other Police Officer, notified by Government of Kerala for the purpose;

(g)      "Log Register" means Form-I maintained by the Cyber Cafe Owner/Network Service Provider, for keeping record of users availing the browsing facilities in the Cyber Cafe;

(h)     "Open Machines" means computers kept in own space inside a Cyber Cafe and not covered by cubicles or partitions, so that they can be visible.

(i)       "User" means a person who uses a Computer and other IT enable services provided by a Cyber Cafe.

(j)       "Educational Institutions" Means all institutions under the Kerala Educational Act, 1958 and other institutions affiliated to the Universities established under Statute and Vocational Training Institutions approved by the Government of Kerala/Government of India.

Rule - 3. Registration of Cyber Cafes under the Rules.

(1)     Any application for the registration to the competent Authority under this rules shall be accompanied by site and location plan indicating inter alia the distance of the site from any educational institution.

(2)     The plan shall be furnished to the Competent Authority along with the diagram and description of internal computer network set up.

(3)     A Cyber cafe shall not be permitted to operate within 500 metes of an educational institution.

(4)     The Competent Authority shall reserve the right to impose any other condition if it appears that the location of the Cyber Cafe is likely to cause obstruction, inconvenience, annoyance, risk, danger or damage to the residents, passers by or adds to the traffic problem in the locality or harm national interest or cause law and order problem.

Rule - 4. Of up keeping of Cyber Cafes by the Cyber Cafe Owners.

(a)    A Cyber Cafe owner is required to obtain a license for the Registration from the competent Authority as defied under the Kerala Shops and commercial Establishment Act, 1960.

(b)    A Digital Log in each computer shall be maintained by the Cyber Cafe owner for a minimum period of one year and the same will be provided to law enforcement agencies on demand.

(c)    The information regarding Internet Service Provider Certificate, Internet Protocol address, total bandwidth, other services provided by Internet Service Provider like Video conferencing Internet Protocol Telephony which are to be mandatorily furnished to the Competent Authority, also shall be kept by the Cyber Cafe owner for the perusal of the Cyber Police Authorities.

(d)    Information regarding the identity of the hardware or storage media of the computers in the Cyber Cafe shall be filed with the competent authority and any replacement, major repair affecting the configuration of the Computer shall be intimated to the competent authority with the Code, make and serial numbers of the hardware. A copy of such information shall be kept at the Cyber Cafe for the perusal of Cyber Police Authority, when necessity arise.

(e)    The Cyber Cafe Owner/Network Service Provider shall be responsible for storing and maintaining backups of digital logs and Internet records for at least one year in the following manner.

(i)       Internet browser cache

(ii)      Website history

(iii)     Internet cookies

(iv)    Modem logs

(v)      Internet downloads

(vi)    Proxy Logs

(vii)   Other logs created by network software

(f)       All time clocks in Computer System installed in the Cyber Cafe shall be synchronized with the Indian Standard Time (IST)

(g)      All 'open' computers shall face 'outward' i.e., must be facing the common space of the cyber Cafe.

(h)     Full particulars of number of machines installed, along with hardware configurations of each client and server machine, all peripherals (modems, scanners, webcams, microphones, audio systems and hard disk) with make and brand, are to be maintained in a separate register since the establishment of the Cyber Cafe and thereafter as and when they are changed. The changes are to be documented in the register maintained by the cyber Cafe Owner.

(i)       No cabin allowed in the Cyber Cafe and the height of the partitions should not be more than 2.5 feet from the top of the Monitor.

Rule - 5. Precautions against illegalities in Cyber Cafe.

(1)     the owner of the Cyber Cafe shall take sufficient precautions so that computers and computer systems in the Cyber Cafe are not used for any illegal or criminal activity.

(2)     Cyber Cafe Owner or Network Service Provider shall not allow any User to use this computer, Computer System and or Computer Network without the identity of the User, established before him. At this time the intending User may establish his identity by producing any Photo Identity Credit Card issued by School or College or a Photo Credit Card of any Bank or Passport or Voters Identity Card or PAN Card issued by Income-Tax authorities or Photo Identity Card issued by the Employer or Driving License or Postal Identity Card issued by a Post Office. If the user is known to Cyber Cafe Owner/Network Service Provider personally, he shall certify the same in the Log Register (in column No. 8 of Form-I) and in such case the production of Photo ID card may be dispensed with.

Rule - 6. Entries in Form-I of Log Register.

(1)     Every Cyber Cafe Owner or Network Service Provider shall maintain a Log Register in the format given as Form-I, attached to these Rules.

(2)     After identity of the User is ascertained, the owner of the Cyber Cafe or the manager or the attendant or any authorized person managing the Cyber Cafe on his behalf shall make necessary entries in the Log Register maintained by the Cyber Cafe Owner or Network Service Provider.

(3)     Register in Form-I shall be maintained by the Cyber Cafe Owner/Network Service Provider for a minimum period of ONE YEAR and shall be produced before the Law Enforcing Authority as and when required.

Rule - 7. Use of Cyber Cafes by Minors.

(1)     All the Cyber Cafes that have cubicles or partitions must ensure that minors are not allowed to use such cubicles or partitions.

(2)     There should be 'open machines' with suitable safety software for the minors to use. In case if separate system is not provided for the minor, the machines should have separate login facility with suitable safety measures, for the minors to use.

Rule - 8. Inspection.

An officer not below the rank of the SHO of the Cyber Police Station or his superior Officers exercising the powers of SHO of Cyber PS or any other Officer notified by Government of Kerala, not below the rank of the Dy. SP Assistant Commissioner of Police of the jurisdictional area in this behalf and also an officer not below the rank of a Gazetted Officer of the Office of the Competent Authority are authorized to inspect Cyber Cafes and the computer systems or network established therein at any time for the compliance of these Rules. The SHO of the jurisdictional Police Station, not below the rank of a sub Inspector can be authorized by the sub divisional Police Officer for such inspection when the SHO is investigating a Criminal Case and in the interest of investigation, he has to inspect the Cyber Cafe.

Rule - 9. Offences and Penalties.

(i)       No court can take cognizance of the violation of above Rule except on a complaint by Cyber Police Authority or Authorized Officer as notified by the Government of Kerala.

(ii)      Violation of any provisions under these Rules will make the Cyber Cafe Owner liable under Section 79 of IT Act, 2000.

 

Log Register in Form No. 1

(iii)     Sub-rule (i) & (ii) will not be a bar to make any other offences committed by the Cyber Cafe Owner in relation the to the matter under investigation.

Note. Column number (3), (4) and (5) will be written by the user in his own handwriting and the remaining columns are to be entered by the owner of the Cyber Cafe of Manager or Attendant of Cyber Cafe.