Footnotes

[1467] Constitution of India, November 1949 http://www.alfa.nic.in/const/a1.html.

[1468] Kharak Singh vs State of UP, 1 SCR 332 (1964); see R.C. Jain, National Human Rights Commission, India, Indian Supreme Court on Right to Privacy, July 1997.

[1469] Business Line - Internet Edition, "Nasscom Urges Laws for Data Protection," http://www.indiaserver.com/businessline/2000/06/29/stories/152939t5.htm.

[1470] National Task Force on IT & SD, Basic Background Report, June 9, 1998 http://it-taskforce.nic.in/it-taskforce/bg.htm.

[1471] Information Technology Act 2000, No. 21 of 2000 http://www.mit.gov.in/it-bill.htm.

[1472] Siddharth Varadarjan Sarai Reader 2001: The Public Domain, "Policing the Net - The Dangers of India's New IT Act" http://www.sarai.net/journal/pdf/133-135%20(bill).pdf.

[1473] http://www.mit.gov.in/ITAct.html.

[1474] Information Technology (Certifying Authorities) Rules 2000. http://www.mit.gov.in/rules/rulesfinal.htm.

[1475] As the civil law pertaining to defamation is not codified, the courts have to apply the corresponding rules of the English Common Law. In 1994 the Supreme Court decided in the Auto Shankar case that every citizen has the right to safeguard his or her privacy and that nothing could be published on areas such as the family, marriage and education, "whether truthful or otherwise," without the citizen's consent, but carved an exception to this rule for material based on public records and information about public officials' conduct that is "relevant to the discharge of their duties". See "Failure to Define Law on Privacy Could Cost Society Dear," Times of India, August 26, 2001 http://timesofindia.indiatimes.com/articleshow.asp?artid=1912122924.

[1476] See http://cbi.nic.in/cyber1.htm.

[1477] Ashu Kumar, "Police Academy, ER&DCI Team Up to Take on Cybercrooks," Financial Express, June 11, 2002 http://www.financialexpress.com/print.php?content_id=8322.

[1478] Siddaharth Srivastava, "E-mail Users Beware, Big Brother is Watching," Times of India, December 24, 2001 http://timesofindia.indiatimes.com/articleshow.asp?art_id=37906058. See also "India: Interception of E-Mails, Electronic Data," World Data Protection Report, BNA March 2002.

[1479] See U.S. State Department press release and transcript of news conference http://usinfo.state.gov/regional/nea/sasia/text/0502cyber.htm.

[1480] Peoples Union for Civil Liberties (PUCL) vs The Union of India & Another, 18 December 1996, on Writ Petition (C) No. 256 of 1991 http://www.wired.com/news/story/1128.html.

[1481] South Asia Human Rights Documentation Centre, Alternate Report and Commentary to the United Nations Human Rights Committee on India's Third Periodic Report under Article 40 of the International Covenant on Civil and Political Rights, July 1997 http://www.hri.ca/partners/sahrdc/alternate/fulltext.shtml.

[1482] See National Human Rights Commission Report http://nhrc.nic.in/whatsnew1.htm#1.OPINION.

[1483] Human Rights Watch. " India: Proposed Anti-Terror Law Should Be Rejected," October 18, 2001 http://www.hrw.org/press/2001/10/india1018.htm.

[1484] See http://www.satp.org/satporgtp/countries/india/document/actandordinances/POTA.htm.

[1485] Tariq Ahmad Bhat, "Kashmir: Booth Capture Ban on Long Distance Calls Affects Business," The Week, March 17, 2002 http://www.the-week.com/22mar17/events9.htm.

[1486] US Department of State: India Country Report on Human Rights Practices - 2001 http://www.state.gov/g/drl/rls/hrrpt/2001/sa/8230pf.htm.

[1487] Mukund Padmanabhan, "Sex, Bribes, and Videotape," The Hindu, September 8, 2001 http://www.hinduonnet.com/thehindu/2001/09/08/stories/05082523.htm.

[1488] Rajeev Dhavan, "Tehelka: What Next?" The Hindu, September 7, 2001 http://www.hinduonnet.com/thehindu/2001/09/07/stories/05072523.htm.

[1489] Manoj Joshi, "Phone-Tap Laws May Trip Cronje Case," April 15, 2000.

[1490] Draft bill http://www.tiaonline.org/policy/regional/asia/conbill.pdf.

[1491] See U.S. India Business Council, Comment to GOI on Draft Communications Convergence Bill http://www.tiaonline.org/policy/submissions/USIBCConvergenceSubmission.pdf.

[1492] http://www.hindustantimes.com/news/181_156334,0008.htm.