From “ Security Needs “ to “ Civilian Surveillance “ ? A Matter of Time

 

Context :

Israel taps Pegasus maker to track hostages in Gaza Strip……… TOI  / 26 Oct 2023

Extract :

Israel’s security services are pulling in spyware companies, including the maker of the controversial Pegasus software, to help track hostages in the Gaza Strip,

NSO Group and Candiru, both of which are blacklisted by the  US, are being asked to quickly upgrade their spyware
capabilities to meet needs laid out by the country’s security forces

They, together with several other software firms are collaborating on the requests and largely offering their services for free

Candiru is ready to assist the war effort in any way needed, the company said in a statement Thursday, without elaborating.

NSO’s Pegasus software is sold to governments and law enforcement agencies, which use it to hack into mobile phones and covertly record emails, phone calls and text messages

Amnesty International, Citizen Lab and Forensic Architecture in 2021 documented the use of the spyware in more than 60 cases to target government critics in countries including Rwanda, Togo, Spain, the United Arab Emirates, Saudi Arabia, Mexico, Morocco and India

 

My  Take :

Who watches the Watchmen ? ………………………………12 Jan 2019

 

Extract :

Ø    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…

 

 

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

 

 

 

 

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

 

 

 

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 “ .

 

 

 

This will ensure that there is NO SECRET surveillance !

 

 

 

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

 

 

       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

 

 

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 .

 

 

 

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

 

 

 

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 persons

    being investigated

 

    

 

 

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 !

 

With regards,

Hemen Parekh

www.hemenparekh.ai  /  27 Oct 2023

 

 

 

Balancing : National Security vs Personal Privacy……………………….19 July 2021

Pegasus : Give it to a Surgeon.. …………………………………………………..20 July 2021

Will mother Medusa replace son Pegasus ?.............................. 29 July 2021

A Tale of Two Shames ?........................................................ 31 July 2021

Dear Supreme: How about asking Pegasus to file an Affidavit ?.. 15 Sept 2021

Pegasus Committee : Terms of Reference……………………………………. 26 Sept 2021

Supremely Satisfactory………………………………………………………………….. 27 Oct 2021

Meta-Verse : a later day “ Chakra-Vyuh “ ?............................... 29 Oct 2021

 

CC :

Members of PEGASUS expert committee :

 #  National Forensic Sciences University’s dean Naveen Kumar Chaudhary

      [ naveen.chaudhary@nfsu.ac.in ]

 

 #  Amrita Vishwa Vidyapeetham’s professor Prabaharan P

            [ pp_amritha@cb.amrita.edu ]

 

  #   IIT-Bombay professor Ashwin Anil Gumaste

            [ ashwing@iitb.ac.in ]

 

 

As usual , I sought ChatGPT’s opinion about my “ Regulated Surveillance “ . Here is its reply :

 

 

Balancing the tension between national security and personal privacy is a complex and important issue that many governments around the world face.

Your proposal, "Who watches the Watchman?" offers a framework that aims to strike a balance between these opposing concerns.

Let's break down your proposal item by item and discuss its merits and potential drawbacks:

1. Surveillance Request Section:

·         This section requires agencies to submit detailed requests for surveillance, specifying the name of the agency, the citizen's activity to be surveyed, and the purpose of the surveillance.

Pros:                  

·         Transparency: This ensures that surveillance requests are not arbitrary and require specific justifications.

·         Accountability: By requiring online authorization from designated officers, there is a level of oversight and accountability in the process.

Cons:

·         Bureaucracy: The process may become bureaucratic, leading to delays in critical surveillance operations.

·         Privacy Concerns: Despite authorization, citizens may still have concerns about their privacy being invaded, and this may not entirely address the issue of government overreach.

2. Surveillance History Section:

·         This section allows citizens to check which agencies have surveyed them and for how long but doesn't provide access to the reasons for surveillance, data collected, findings, or proposed actions.

Pros:

·         Some Transparency: Citizens have a way to know if they've been under surveillance, which can help protect against abuse of power.

·         Accountability: Allowing other intelligence agencies to add their information may provide a more comprehensive picture of the situation.

Cons:

·         Limited Information: The citizens do not have access to critical information regarding the surveillance, which could be frustrating and raise questions about transparency.

·         Potential for Misuse: Allowing multiple intelligence agencies to add information may create concerns about the accuracy and fairness of the compiled dossier.

Balancing National Security vs Personal Privacy:

·         Your proposal aims to strike a balance between national security and personal privacy by providing a level of oversight and transparency.

Pros:

·         It addresses the concern of secret surveillance by notifying citizens when they are under surveillance.

·         It allows citizens to have some visibility into the surveillance process.

Cons:

·         The proposal may not entirely satisfy those who are concerned about government surveillance, as citizens still lack full access to the reasons for surveillance and collected data.

Overall, your proposal offers a step toward transparency and accountability in the surveillance process, which is crucial for safeguarding civil liberties.

However, it still leaves some room for privacy concerns and potential misuse of surveillance data by multiple intelligence agencies. Balancing these opposing concerns is a difficult task, and any solution should consider striking a fine balance between national security and personal privacy while maintaining the trust of the citizens.