Re: Who is the competent authority to block websites in India

sarbajit roy <[email protected]>
Newsgroups gmane.org.telecom.india-gii
Message-ID <CAGW_Wnwrj4ne3Obj9WvNFDmjv1786T20o+_DqqzCp04E-siUKg@mail.gmail.com>
Dear Kingsly

As the Sponsoring Registrar (Aust Domains) has not replied or acknowledged
any of the emails sent to them over the past 36 hours, we are unable to say
if they or NIXI dropped their AGP axe under option "A".

Since the domain is still shown as registered till 2015 and is ON HOLD,
this probably means that a complaint us/ 69 (69A ?) has been made by a
Nodal Officer of MHA or CDAC or both and and since no notice was issued to
Registrant, an "emergency action" has been taken under section 69 by the
Designated Officer under the Blocking Rules 2009 (Joint Sec Cyber Law in
DIT). There is a 7 day process after this which affords hearing to the
affected persons.

From my research, it seems that to "block" a website, the DIT is the nodal
Ministry, but to "intercept, decrypt" the MHA is it.

Sarbajit

On Fri, Aug 8, 2014 at 11:16 AM, Kingsly John <[email protected]>
wrote:

> +++ sarbajit roy [2014-08-08 10:46:13]:
>
> > Dear Kingsley
> >
> > 1) The domain was "created/registered" on 1.Aug.2014 but only
> "activated" (not
> > shown in Whois) on 2.Aug.2014 as it was a new registrant account. The
> emails
> > for this are preserved.
> >
> > 2) AGP is extended to .IN domains [https://registry.in/Policies/
> > Domain%20Tasting%20Fee] wef 2008.
> >
> > 3) During AGP, especially for expired domains, the domain name can be
> > thoroughly put through its paces for discovering all aspects and
> shortcomings.
> > The importance of AGP cannot be trivialised. There are pluses and
> minuses to
> > AGP, but the minuses (and there are many) by misusers should not take
> away the
> > valuable right to refuse the domain to those who use AGP responsibly. It
> is a
> > "trial period" for second hand goods. For eg. if the domain had been
> earlier
> > used by spammers or porners and is found blacklisted upon use, the
> registrant
> > has the right to return it and get a full refund.
>
> I wasn't questioning the usefulness (or lack thereof) of AGP, my question
> was
> why is the AGP important in your current situation?
>
> You haven't answered my question if your registrar allows you register a
> domain specifically for tasting purposes?
>
> Is your complaint A or B below?
>
> A) You have paid for 5 days and the domain was taken back pre-maturely.
>
> B) You have paid for a year and the domain was taken back pre-maturely.
>
> If it's A, then there's a very simple non-conspiracy theory explanation
> that
>
> 01-Aug-2014 11:13:35 UTC to 06-Aug-2014 14:15:44 UTC constitutes 5 days.
>
> If your domain only got "activated" on the 2nd for whatever reason, your
> registrar(Aust Domains) or the IN registry dropped the ball on it.
> (ie,, blocking of the domain had absolutely nothing to do with NATGRID or
> C-DAC/CDAC etc.)
>
> If it's B, then AGP or not doesn't matter since you own the domain for a
> whole year. (Which is why I asked why you repeatedly mention the AGP and
> why
> is it relevant to the blocking?.)
>
> Kingsly
>
> --
> ---------------------------------------------------------------------------
>      Kingsly At Users Dot SourceForge Dot Net  -- http://kingsly.org/
> ---------------------------------------------------------------------------
>
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>

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