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