So #TelecomBill is being unexpectedly tabled in Parliament today. There was discontent abt treating several online services as telecom services. Telcos liked it: they’ve argued that online services = telecom services & should be treated as same.
Some things to look out for:
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Some things to look out for:
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1. Are online services all telecom? Will the definition of “telecommunications” go beyond telecom operator services and include online, like broadcast, cloud, email, video, data communications etc? Remember that the Broadcast Bill from Ministry of Information & Broadcasting
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is a mechanism for them to retain jurisdiction over this regulatory land-grab from telecom ministry.
2. If not other things, will online messaging = telecom? Telcos have argued that there should be same service same rules, even though online messaging and calling are not the
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2. If not other things, will online messaging = telecom? Telcos have argued that there should be same service same rules, even though online messaging and calling are not the
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same as telecom.
3. What happens to the TRAI consultation on OTT? That’s exploring the same subjects. If a law gets passed, then the consultation becomes redundant?
4. Exemption for incidental use? Airtel had argued to TRAI that that people on Paytm can message each
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3. What happens to the TRAI consultation on OTT? That’s exploring the same subjects. If a law gets passed, then the consultation becomes redundant?
4. Exemption for incidental use? Airtel had argued to TRAI that that people on Paytm can message each
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other without making a payment, and so Paytm should be under a telecom license for messaging. There was a rumor that “incidental use” of messaging will be exempt.
5. Licensing or “authorisation”? After criticism that the bill was pushing for licensing of online services,
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5. Licensing or “authorisation”? After criticism that the bill was pushing for licensing of online services,
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including online messaging, leaked media reports have suggested there will be authorisation. Frankly, licensing is a form of authorisation: what isn’t authorised won’t be allowed. Expanding that to online services is regressive, and should be limited to spectrum related
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services.
6. Contribution to AGR/USO Fund: Some people, including telcos and some ppl associated with ICRIER (which has a partnership with Vodafone Idea) have called for online services to contribute to a Broadband fund / pay network usage fee / pay a % of revenue to govt.
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6. Contribution to AGR/USO Fund: Some people, including telcos and some ppl associated with ICRIER (which has a partnership with Vodafone Idea) have called for online services to contribute to a Broadband fund / pay network usage fee / pay a % of revenue to govt.
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Will this fee be there for licensed/authorised entities?
7. Lawful interception of online services? As of now, all mobile based calling and messaging can be intercepted by the govt of India, esp using a system called CMS (Centralised Monitoring System). Govt has been
7. Lawful interception of online services? As of now, all mobile based calling and messaging can be intercepted by the govt of India, esp using a system called CMS (Centralised Monitoring System). Govt has been
pushing for interception of online messaging & calling, incl amending IT Rules. Whatsapp has challenged this in court. Will the law legalise this?
All this stems from primarily one part of the bill: how messaging, telecommunications and telecommunication services are defined...
All this stems from primarily one part of the bill: how messaging, telecommunications and telecommunication services are defined...
UPDATE: The Telecom Bill is how, and it's a pro-telco, ANTI-INTERNET Bill. I'll explain how:
1. Covers all online services: Read these 3 definitions (message, telecom service, telecom), and because of how messaging is defined, apply it to email, cloud, SAAS, streaming etc
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1. Covers all online services: Read these 3 definitions (message, telecom service, telecom), and because of how messaging is defined, apply it to email, cloud, SAAS, streaming etc
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2. Online services will require authorisation: Check last tweet (on messaging), & apply auth clause (screenshot) to email,cloud,streaming,SAAS...anything. You'll need Indian govts permission to start your biz.
Hello @_DigitalIndia. Meet @DoT_India 's Telecom Bill red tape.
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Hello @_DigitalIndia. Meet @DoT_India 's Telecom Bill red tape.
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Btw, I should clarify that none of this is a mistake. @DoT_India did a consultation on the Telecom Bill last year and they were told about this. Still went ahead.
I hope @Rajeev_GoI , who gets this domain, will do something about this terrible bill.
There's more:
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I hope @Rajeev_GoI , who gets this domain, will do something about this terrible bill.
There's more:
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3. Verifiable biometric authentication of telecom users: apply this to email, SAAS, cloud. You get the (bad) idea. This clause was inserted despite the govt realising what a mess it's made with verifiable biometric authentication in the data protection bill. Btw,
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@ManishTewari would love this. In his dissent note to Data Protection Bill, he asked for for verification of social media users. Doesn't matter who's in power... Speaking of surveillance
4. Surveillance: for "public safety" & "preventing of incitement to the commission of
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4. Surveillance: for "public safety" & "preventing of incitement to the commission of
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an offence", govt can ask for messages of class of messages (huh?), from a person or a class of persons (huh?) to be intercepted, prevented (huh?) and disclosed. Again, think of messaging, email, cloud, SAAS.
There's more...
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There's more...
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5. Govt can take over an online service for "national security, friendly relations with foreign States, or in the
event of war": reminds me of China's regressive intelligence law. Remember: national security is not defined in law, and even the SC doesn't want to go there...
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event of war": reminds me of China's regressive intelligence law. Remember: national security is not defined in law, and even the SC doesn't want to go there...
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Basically,all Internet services (messaging, email, cloud, video)will be telecom services regulated by DoT, requiring govt authorisation+verifiable biometric authentication of users & available for interception, & can be taken over by the govt if there is a national security issue
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