Surveillance Procedure / V 2.0

 

Context :

Give details of laws, procedures for tapping phones, Delhi High Court tells Centre  /  BL  / 31 Aug

Extract :

The Delhi High Court on Tuesday directed the Centre to file an affidavit giving details of the law and procedure followed for monitoring and interception of phones on a plea for a permanent oversight authority to authorise and review such a move.

The Court’s order came on a public interest petition filed by the :

 Centre for Public Interest Litigation (CPIL) / reachout@clpr.org.in

- which argued that the general surveillance systems such as Centralised Monitoring System (CMS), Network Traffic Analysis (NETRA) and National Intelligence Grid (NATGRID) are compromising the citizens’ right to privacy.

According to the petition, the general surveillance systems allow the authorised Central and State law enforcement agencies to intercept all and any telecom communications in bulk, leading to a “mass illegal dragnet surveillance system”.

The petition simultaneously pointed out that the oversight mechanism for such vast surveillance systems is woefully inadequate and insufficient.

It quoted an RTI reply, obtained from the Ministry of Home Affairs  ( https://www.mha.gov.in/ ) , to submit that on an average around 7,500-9,000 telephone interception orders were being issued by the Centre per month during 2013-2014, which can only be said to be issued in a mechanical manner without application of mind, thereby exceeding the adequate safeguards and oversight mechanism under the Indian Telegraph Act and Rules which laid the groundwork for the right to privacy in the context of wiretaps and Constitutional freedoms.

The Centre sought time to reply. “I am not appearing in this matter but another matter is pending before the Supreme Court. There are statutory rules in place that require us to seek permission. It also requires periodic review… There are rules made under Section 69 read with Section 84 of the IT Act… It cannot be decided on numbers, that 1,000 is okay but 7,000 permissions are not okay,” said Solicitor General Tushar Mehta./ tusharmehta.sg@gmail.in

 

 

MY  TAKE :

Ø  Agreed. With 700+ million phone connections in India, 7,000 is an insignificant number. But that is not the point

Ø  Neither can any citizen object that, keeping in mind the matter of National Security, Government has the right to carry out surveillance

Ø  Problem with the current procedure is :

#  Person who is being surveyed, does not come to know that he is being

    surveyed – and how

#  Nor does he get to know, WHO authorized his surveillance – and WHEN

Ø  If, as a citizen, I am not “ thinking-talking-acting “, against the National Interests, then I have nothing to hide from the government

Ø  Not agreeing with any government policy / procedure or expressing my  “ constructive views “ ( even if unpalatable to the policy-makers ), is NOT a crime

Ø  Dissent ( holding different / opposite views ), is the very FONDATION of DEMOCRACY

Ø  If I am being “ surveyed “ fine – but I must know – and the entire country must know, WHO is following me and WHO authorized and WHEN ( even if I am not told : WHY  )

Ø  I urge the Delhi High Court to consider the OVERSIGHT MECHANISM proposed by me in my following earlier e-mail, and ask the Central Government , its views about my proposal :

             Who watches the Watchmen ? ……………………..[ 12 Jan 2019 ]

 

        Extract :

 SURVEILLANCE   REQUEST   SECTION

 

         Any agency wanting to conduct surveillance of online / offline activities of

         an Indian Citizen, shall submit its’  requirement in this section

 

         

 

        This shall contain details such as :

 

          >   Name of the agency

 

 

          >  What activity of the citizen is proposed to be surveyed and for how

              long

 

 

              [  Multiple selection from the following  ] :

 

                #   Visits and postings on Social Media web sites

 

                #   Visits and searches on E Commerce web sites

 

                #   Searches on Search Engines  /  All digital traffic ( including thru

                     Alexa / Google Home type devices )

 

                      

                #   Messages sent / received on Messaging Apps /  E Mail services

 

                #   Records of Digital Payment Transactions on Banking / FinTech

                     Network

 

                #   Audio logs from Landline and Mobile Service Providers

                     for telephonic talks…etc

 

 

Ø  Agency will also need to specify the PURPOSE of the proposed surveillance, by selecting one or more of the following suspected reasons ( list is not comprehensive ) :

 

 

        #     Tax Evasion  /  Money Laundering

 

 

        #      Criminal Activity  /   Militancy

 

 

        #      Fraud  /  Breach of Trust

 

 

        #      Anti-National Activity  /  Sedition  /  Treason

 

 

        #      Fake News / Pornographic content posting

 

 

        #      Speeches / articles likely to create enmity among people

 

 

 

 

Ø  Such a request shall need Online Authorization of , all of the following officers :

 

 

       #     Chief of Agency concerned

 

       #     Secretary ( Cyber Security ) – Ministry of Information Technology

 

       #     Data Protection Regulator

 

 

 

Ø  As soon as such a request is “ Approved / Authorised “, an email ALERT will go out automatically ( without any human intervention ) to the citizen concerned that she is “ under surveillance “ .

 

 

Ø  This will ensure that there is NO SECRET surveillance !

 

 

Ø  Copies of this E Mail ALERT will also get sent to all other Intelligence Agencies for a coordinated effort and for avoiding duplication

 

 

 

SURVEILLANCE  HISTORY  SECTION

 

Ø  At any time of his choice , concerned citizen can login at this section

    and see WHICH Agency surveyed her and for how long

 

     

 

   But the citizen concerned will NOT be able to see following entries by the

   Agency :

 

 

       #    What was the PURPOSE / REASON for the surveillance

 

 

       #    WHAT DATA  got collected

 

 

       #    FINDINGS  and proposed  COURSE of ACTION , if any

 

 

Ø  This part will be visible to all other Intelligence Agencies , who will have facility to add their own information / data about the concerned citizen which is in their possession , in order to compile a COMPREHENSIVE  DOSSIER about that citizen .

 

 

Ø  However, these other Agencies will NOT be able to EDIT any ENTRIES / FINDINGS of any other agencies

 

 

Ø  Although these ENTRIES are NOT accessible to the concerned citizen in a normal course , the same shall be made available to her in case any government agency relies upon these during a Court Case against that citizen , arising from such surveillance

 

My proposal,

 

 

     #  Gives a free hand to the Agencies to proceed with their investigations,

         without needing PRIOR PERMISSION,

 

 

         And

 

 

     #  Ensure total TRANSPARENCY of their surveillance activities to the person

         being investigated

 

  

 

Ø  This will assure the ordinary citizens (– and also “ vulnerable “ citizens such as politicians belonging to opposition parties ? )– that they are not being snooped upon secretly !

 

===================================================

Dear Amitbhai Shahji,

(  Home Minister )

I urge you to consider my proposal which , through its TRANSPARENCY, will disarm the petitioners

It will reaffirm 1.4 Billion citizen’s VISHWASH in the Government

 

With Regards,

Hemen Parekh  /  hcp@recruitGuru.com  /  01 Sept 2021

China reigns in Big Tech : - at Algorithm level

 

Context :

[ A ]

China swoops on algorithms in latest tech clampdown  /  Reuters  /  27 Aug 2021

 

Extract :

 

China is seeking to tighten oversight of the algorithms technology companies use to drive their business, issuing far-reaching draft rules in Beijing's latest move to crackdown on its internet sector.

The Cyberspace Administration of China (  www.cac.gov.cn ) :

 

 - said in a statement on Friday that companies must abide by business ethics and principles of fairness and should not set up algorithm models that entice users to spend large amounts of money or spend money in a way that may disrupt public order.

The guidelines include a proposal that users be given the option to easily turn off algorithm recommendation services, giving consumers a greater say over an area of the internet that has also been the target of authorities in the United States and Europe.

Algorithms are used in a whole suite of technologies - from facial recognition tools to social media platforms -- and tech companies have come under fire globally for failing to protect users' privacy and for allowing the spread of disinformation.

===================================================

[ B ] 

Analysis: Beyond security crackdown, Beijing charts state-controlled data market  /  Reuters  /  21 July 2021

 

Extract :

But China's efforts to seize control of data for national security reasons are just one aspect of a strategic goal to create a state-supervised market for such information, including government data as well as that collected by private companies, and help buoy slowing economic growth, experts say.

Such information could encompass just about any type of data - from health records and court documents to maps and shopping histories.

The plans require a huge bureaucratic effort to categorise, standardise and value data, policy documents show, setting foundations for it to be traded domestically while preventing overseas access to the most sensitive information.

"The user data obtained by a large number of Internet service platforms ... are public resources and should be included in the national unified and hierarchical supervision system," the state-run China Internet Information Center said this month.

===================================================

MY  TAKE :

Ø  It is obvious that the Chinese strategy revolves around implementing following KEY CONCEPTS :

#  user data… are public resources

#  creation of a state-supervised market for such information

#  foundations for it to be traded domestically

Ø  Chinese Premier, Li Keqiang (premier@mail.gov.cn / english@mail.gov.cn ) may ask ,

      The Cyberspace Administration of China (  www.cac.gov.cn ),

 

to examine whether deployment of the following Technology Platforms, could help implement these key concepts :

 

 

       

             Digital Dividend from Demographic Data ……………………[ 14 Feb 2019 ]

 

             SARAL …………………………………………………………………………….[ 10 Feb 2019 ]

 

             Privacy for Sale  ……………………………………………………………..[ 26 Aug 2017 ]

 

             A Matter of Motive ……………………………………………………………[ 04 Aug 2018 ]

 

Dear Shri Ashwini Vaishnawji

( Minister for IT  / av.odisha@sansad.nic.in )

As far as reigning in the BIG TECH SOCIAL MEDIA is concerned, we are facing the same problems that the Chinese are facing

There is no need to wait for the Chinese Premier’s next move

 

I urge you to get our Technology Advisory Committees ( listed below ) to examine my suggestion re its feasibility :

 

Ø  Troika of Technology ? ………………………………….[ 20 Feb 2020 ]

 

With Regards,

Hemen Parekh  /  hcp@RecruitGuru.com / 31 Aug 2021

 

 

 

     

 

 

Elon : It is a matter of GIVE and TAKE

 

Context :

Govt may offer Tesla Partial Customs Break  /  Eco Times  /  31 Aug 2021

Extract :

Ø >  India could offer partial customs duty relief to electric vehicle maker Tesla and

      has sought the company’s detailed plans for investment in the country, officials

       familiar with deliberations told ET.

>  >  The stakeholder ministries are considering Tesla’s demand for a reduction in

        import duty. “We can offer some relief... but we need to know what their plans

         are,” said an official.

>   >  Final view will be taken once the company provides this, another official said.

Dear Elon  (  press@tesla.com  ) :

 

GIVE

Source :

Ø  Hey Elon , What is so difficult ? …………………………………[ 15 Aug 2921 ]

      Extract :

      Tesla to commit to following PHASED MANUFACTURING PROGRAM for

      making Model 3 in India

Year ( Ap-Mar)	Items to be procured locally	Value Addition % ( For the Year )	Value Addition % ( Cumulative )
22 - 23	NIL ( Import of fully assembled cars )	-	-
23 - 24	KDU – Knocked Down Units ( Add Assy Hours )	5	5
24 - 25	Tyres / Chasis / Body / Electricals  / Windows / Dashboards ..etc	10	15
25 - 26	Li-ion Battery	40	55
26 - 27	Sensors - Cameras – GPS locators	15	70
27 - 28	Autonomous Navigation Devices ( Radar – Lidar  )	20	90

Additional Source : 

Ø   Will Tesla follow Apple ? …………………………………[ 23 May 2017 ]

 

TAKE

Sources : 

[ A ]

Ø  Hey, Elon seems to have a case !...................... [ 27 July 2021 ]

Extract :

Ø  Central Government should send a clear “ YOU ARE MOST WECOME “  message to

    EV manufacturers of the World, by quickly announcing :

#    Import duty reductions ( 100 % to 50 % and 60 % going down to 30 % )

#    GST at 5 %

#    Waiver of Registration Fees

Dear Shri Gadkariji,

It is time to make an offer which the EV manufacturers around the World, cannot reject !

[ B ]

Ø  Import Duties : Time to get Rational ……………………[ 27 July 2021 ]

Extract :

 Here is my suggestion :

PERIOD	FULLY IMPORTED SOLAR PANELS	FULLY IMPORTED ELECTRIC CARS
( A ) Protection Period
2019 - 2022	Safeguard  Duty of  14.5 %	FAME I   (Phase 1) 2015-17  >   60 %-100 %
2023	Safeguard  Duty of   14.0 %	(Phase II) 2017-19  >   60% - 100 %
( B ) Free Market Competition Period
July 2023 onwards	Basic Custom Duty of :	FAME II
	Solar Cells  >  25  %	Phase I  ( 2019- 2022 )   >  40%-60%  ?
	Modules      > 40  %	Phase II ( 2022 – 2024 ) >   30%-50%  ?

Dear Elon,

Another way to describe this   “ GIVE & TAKE “ is to call it “ WIN & WIN “

Wishing both ( GOI and TESLA ) , Good Luck

 

With Regards,

Hemen Parekh / hcp@RecruitGuru.com / 31 Aug 2021