Cyber cafe regulation in Karnataka | Steps to be followed by Cyber cafe owner

Karnataka cyber cafe regulation | Cyber Cafe Regulations in Karnataka

Karnataka was one of the first states in India to actively follow up regulations of Cyber Space after Information Technology Ac 2000 (ITA 2000) was enacted. This rule is presently in force in the State and is being administered by the Cyber Crime Police Station in Bangalore.

Salient Features of the Regulations:

1. While some other States preferred to regulate Cyber Cafes under the State Police Act, Karnataka recognized that Cyber Cafes are essentially service providers who enable access to Cyber Space and regulation of Cyber Cafes are part of the Cyber Space regulations and are therefore to be regulated under the ITA 2000.

2. This approach appears more relevant today when it is found that Cyber Cafes are often used for Cyber Crime related activities, investigation of which cut across State jurisdictions and are often handled by national investigating agencies such as the CBI or the National Investigating Agency which handles Counter terrorism operations in India.

3. At the time these regulations were notified, ITA 2000 did not have a definition of “Cyber Cafe”. Hence the regulation proceeded to give a definition of “Cyber Café”. The definition was wide enough to cover any public shared Internet access network including hotels and Wi-Fi hotspots.

4. The regulations imposed the “Due Diligence” requirement on the Cyber Café owners in general terms by stating that “The owner of the Cyber Café shall take sufficient precautions so that computers and computer systems in the Cyber Café are not used for any illegal or criminal activity.”

5. The regulation also proceeded to define a specific regulatory authority namely “Cyber Police Authority” to be accountable for the implementation and since at that time expertise was available at the Cyber Crime Police Station, officers of the Cyber Crime Police Station, at Bangalore were designated as the “Cyber Police Authority” with state wide jurisdiction.

6. The Regulations made it mandatory for the Cyber Café owner to check a photo ID of the users and also maintain a visitor’s register with certain particulars such as Name, address, sex, age, log in and log out time. Address of the user is collected in his own handwriting along with his signature.

7. The particulars collected were to be maintained for a period of one year and made available for inspection.

8. The regulations also suggested that the system clocks should be synchronized with IST.

9. Non adherence to the regulations was subject to penalties.

Format to be maintained by Cyber cafe owners:

Sl. No.

Machine No.

Name, Age, Sex and address of the User

Signature

Log out time

Type of ID produced

Issued by whom

Remarks

ID proof copy to be collected without fail and using webcam you can capture the image of the user.

Karnataka Cyber Cafe Regulations

(1/1)

RK Sharma:

GOVERNMENT OF KARNATAKA
No: ITD 07 PRM 2004

Karnataka Government Secretariat,
Department of Information Technology & Biotechnology
UNI Building, Thimmaiah Road,
Bangalore, dated: 05.08.2004.

NOTIFICATION

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

1.Title and Commencement:

(1). These rules may be called the Information Technology (Karnataka)
Rules 2004.

(2) They shall come into force on the date of their publication in the
Official Gazette.

2.Definitions: In these rules, unless the context otherwise requires:

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

(b) “Log Register” means the Register in Form-1 maintained by the Cyber Café owner/Network Service Provider for using the Cyber Café.

(d) “Cyber Café” means a premises where the Cyber Café Owner/Network Service Provider provides the computer services including Internet access to the public.

(e) Cyber Police Authority” means the officers of the Cyber Crime Police Station.

3. Cyber Café:

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

(2) Cyber Café Owner/Network Service Provider shall not allow any User to use his Computer, Computer System and/or Computer Network without the identity of the User being established before him before use. The intending User may establish his Identity by producing any Photo Identity Card issued by any School or College or a Photo Credit Card of any Bank or Passport or Voters Identity Card or PAN Number Card issued by Income-Tax authorities or Photo Identity Card issued by the Employer or Driving License to the satisfaction of Cyber Café Owner.

4. Entries in the Log Register:

(1) After the Identity of the User is established, the owner of the Cyber Café or the manager or the attendant or on his behalf any authorised person managing the Cyber Café shall obtain and maintain the following information in the Log Register for each user:
i.   Name of the User
ii.   Age and Sex of the User
iii.   Present residential address of the User
iv.   Log in time
v.   Log out time

(2) When a User cannot produce any Photo Identity Card to establish his identity to the satisfaction of the Cyber Café Owner/Network Service Provider, he may be photographed by the Cyber Café Owner/Network Service Provider after obtaining his consent using a ‘Web Camera’ hooked onto one of the computers or computer systems in the Cyber Café and the User shall be explained that his photograph will be taken and stored in the hard disk of the computer, for verification by Law enforcement authorities, whenever required. This is in addition to the entries made in the log register. In case the User does not agree for storing his photograph he shall not be allowed to use any computer, computer system and /or computer network or access to the Internet in the Cyber Café.

(3) All time clocks in Cyber Cafes must be regularly checked and synchronized with Indian Standard Time (IST).

(4) Maintaining proper account of the User as explained shall be the responsibility of the Cyber Café Owner/Network Service provider.

5) Log Register and the Photograph of the User shall be maintained by the Cyber Café Owner/Network Service Provider for a minimum period of ONE YEAR and which shall be provided to Law enforcement agencies as and when required.

(6) Cyber Police authorities may on complaint inspect Cyber Cafes at all reasonable time to ensure compliance of these rules. If any Cyber Café Owner/Network Service Provider fails to maintain Log Register and records he shall be liable for penalties as provided in the Act or any other Law, for the time being in force.

By Order and in the Name of the Governor of Karnataka,
(K M Ananda)
Under Secretary to Government
Dept. of IT, BT and Science & Technology