Question : Use of Internet by Terrorists

(a) whether it is not correct that internet based communication has become the favoured medium of communications for various terror groups;

(b) whether the Servers of all the major service providers for the internet based services in India are located abroad;

(c) whether it is not true that as a result of this, when the security agencies send requests for information pertaining to communications related to inciting or planning terrorism these requests are not
responded to or responded to very late; and

(d) if the above be true whether the Government proposes to amend the
Information Technology Act to provide that Servers for communications to or from India should be based in India, and if not, the reasons therefor?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) & (b) Instances of using the internet based communications by terror groups have come to the notice of the Government from time to time.
Servers of most of the major service providers of internet based communications services in India are located abroad.

(c) & (d) Based on the requests from Law Enforcement Agencies, Indian Computer Emergency Response Team (CERT-In) seeks information from the Service Providers offering services in India. In some cases, major Service Providers like Google etc. provide information when the communication originates from India. In other cases where the
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L.S.US.Q.NO.1301. FOR 28.07.2015

communication originates or is addressed to entities located outside the country, the information is not provided due to legal/ jurisdiction issues unless it is through the Mutual Legal Assistance Treaty channel.

Currently, no amendment to the Information Technology Act, 2000 is under consideration with the Government to provide that Servers for communications to or from India should be based in India. However, Government is in regular dialogue with intermediaries to fine- tune the mechanism for providing information pertaining to communications relating to national security threats.

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