Context :
Data
protection bill may get Cabinet nod next week
Highlights
:
· The
government plans to amend the IT law to increase penalty on Apps and Web
sites that are unable to control fake news and child pornography . Amendments
will include an EXTREME provision of taking down apps and web
sites in violation
·
The move comes days after senior officials of the
IT ministry met representatives from top global social media and internet
companies and sought their views on proposed rules that
would, among other things, help trace the origin of unlawful content. This is
one of the key area of dispute between the government and companies
·
The amendments could potentially impact the
operations of popular services like WhatsApp , Facebook
, Google , Twitter , Telegram .
Some of these services have had differences with the government over the issue
of tracing the origin of content
that is fake, scope of encryption, content deemed interfering with politics and
elections, spread of child abuse and revenge porn
·
The government had last year carried out an
exercise to determine whether
blocking web sites and apps was technically feasible if telecom
companies and internet service providers were asked to do so. The issue is
still being discussed
·
He
( Shri Ravi Shankar Prasad ) said the government was looking at regulating the services of
foreign internet companies operating in India to make them accountable
to Indian Laws and judiciary
·
While
section 69A of the IT Act gives powers to the government to order blocking of
access to information that is detrimental to the sovereignty , security and
friendly relations of the state , the government is
considering whether there can be a TOTAL CLAMPDOWN on the operations of an app or
web site in case of serious violations
========================================================
Note these Keywords / Phrases :
·
Provision…..web
sites in violation
·
Seeking
their views….
·
Tracing
the origin of content…
·
Whether
blocking was technically feasible………
·
Looking
at regulating the services……….
·
Government
is considering…….. [ Why
is “
begging
“ left out ? ]
What kind of “ Content “ is
considered “ Undesirable “ ?
·
Fake
News / Child Pornography
·
Content deemed interfering with politics and
elections
·
Spread of child abuse
·
Revenge porn
Which Government Authority will “ deem “ , “ which “ content
meets “ what “ criteria ?
Will it be possible to get the web sites
to agree to the criteria laid down by government ?
Will government end-up agreeing to the criteria Web sites set up for “Self Regulation” ?
Will we end up with “ It’s my word against your word “ type of situation
in court of law ?
How many (thousands) of cases of “
Unlawful Content “ can government fight at a time ?
What do web sites have to say
?
·
Tracing
the origin of fake content is difficult
But how come, neither the
government nor the web sites are talking of the following ? :
·
Web
sites allowing Apps to collect / hack , PERSONAL
DATA of users / friends
·
Web
sites themselves making tons of money from “ misuse “ of User Data
·
Web
sites not sharing with their users , profits they make from such User Data
Will amending IT Act help ?
·
Amendment
by itself, cannot stop “ Fake Accounts “
which remain difficult to trace
·
It
does not stop those web sites to make tons of money through misuse of data
Any analogy for the proposed
amendment ?
·
Locking
the stable after the horse has bolted !
What should be the right
approach ?
·
Prevent
creation of fake accounts
·
Ensure
100 % traceability of each and every activity by
the users on every web site
·
Immediate
“ Digital Death “ ( Capital punishment = non-use
of internet itself ) by culprits posting
fake news / hate speech / objectionable content
·
No
need to “ Request / Urge / Ask / Order “ the web sites to install “ automated
tools to filter “ the objectionable content ( under new rules of Section 79 of
IT Act )
·
No
need to file court cases if they fail to “ filter “ ( - and wait for years ! )
But what about making those
web sites pay for use of Personal Data ?
·
For
every single use of User Data , ensure that the web site concerned makes a DBT
( Direct Benefit Transfer of a micro-payment ) into the Jan Dhan Account of the
concerned user ( I have estimated this at Rs 35,000
per month and urged Shri Arun Jaitleyji to exempt this from Income Tax ,
treating this as Universal Basic Income )
What is required to “ Prevent
the Disease “ ?
·
Implement
Concept
> “ Only
Answer : a Statutory Warning “
·
By
launching portal > www.IndiaDataCustodian.gov.in
·
Enabling
user to earn > Privacy
For Sale
·
Where is USA on this ? > Internet Bill of Rights
·
Father of Internet agrees
> Tim Berners-Lee Speaks
How can this be legitimized ?
·
By
re-drafting the proposed “ Data Protection Bill “
( It is still , not late ! )
Will those web sites agree ?
·
Don’t
try to “ SELL “ this idea to them . Just “ TELL “ them ,
“ Sign up on the dotted lines or QUIT INDIA “
Does this not sound “
draconian “ ?
·
It
will – to pseudo-liberals and neo-experts debating in air-conditioned TV
Studios . 500 million poor people ( covered by Ayushman Bharat Scheme ) will
welcome this
Will this stop Citizen Data
from being hacked ?
·
Currently,
citizens’ personal data is lying on thousands of servers of Google – FaceBook –
Twitter – Amazon etc . Under my proposal
, all Indian Citizens’ PERSONAL DATA will
reside only on the server of www.IndiaDataCustodian.gov.in
Hence it will be
relatively difficult to pilfer .
Of course , such a
concentrated / single repository of entire LIFE
HISTORY DATA of a billion Indians makes it a very lucrative target for
evil hackers, who have in the past managed to hack into NASA and even PENTAGON
servers and more recently pilfered personal data of Angela Merkel and hundreds of EU politicians / celebrities
And to be brutally
honest , even my suggestion would protect the misuse of Personal Data of
citizens , only for next 5 years or so !
By 2024 , average
home will get populated with dozens of Internet Connected devices / items ( vehicles
- furniture – fridge – oven – TV – wall clocks – door locks – you name it of
IoT ! ) – all of which embedded with hundreds of sensors which will relay /
transmit to Device Manufacturers / ISPs / MSPs / Social Media / E Com web sites
/ Government Agencies etc , every single word you utter / every food that you
eat / every medicine that you take , and video of everything you do, on 24x7
basis !
George Orwell’s 1984 will have finally arrived , although 40
years later !
=========================================================
PERSONAL
DATA FLOW PROCESS
CHART
ROLES
# Social Media / E Com Web Sites & Apps
·
Shall
enter into legally binding Contract with IDC
·
Shall
display a “ Statutory Warning “ on their home-page
·
Shall
not ask / require users to submit ANY personal data
·
Shall
not ask users to click, “ I agree to the TERMS & CONDITIONS “
·
Shall
access “ User permitted personal data “ from IDC , only upon User Login
·
May
acquire additional / aggregated User Data from IDC by paying online
# Citizes
·
Shall
submit Personal Data on IDC at 10 ascending levels of details
·
Shall
select Social Media sites on IDC and grant specific “ Data Level “ access to each
·
Specify
/ select what of his personal data ( level wise /
aggregated ) can be sold to any website ( Jan
Dhan Bank A/c No and Aadhar No, to be part of personal data )
·
Shall
not provide any Personal Data to those websites with which IDC has a contract
·
Grant
to IDC, a special Power of Attorney, to deal
with Web sites on his behalf
# IDC ( www.IndiaDataCustodian.gov.in )
·
Represent
in courts, all Registered Users for their usage / dealings with web sites
·
Ensure
that web sites can access only that Personal Data which User has selected
·
On
behalf of users, “ sell “ additional data ( but only anonymized
/ aggregated ) and issue “ instructions “ to buyer , how much money to
deposit in which Jan Dhan A / C
·
Do
not renew “ Annual User Registration “ unless he fills in “ Site Rating “
online
·
Cancel
Registration if “ malicious / unlawful “ content posting on any Social Media is
traced to him ( -
what I earlier described as “ Digital Death = Capital Punishment “ )
·
Provide
feature for online lodging of complaints against any web site
·
Act
as a Gate-Keeper / Gateway , between the Web Sites and the Indian Citizens
=========================================================
Related Readings :
· Supreme
may Propose : Technology will Dispose
[ 23 July 2017
]
·
· Right
to Sell My Soul ? [ 27 Aug 2017
]
·
A Fool’s Paradise ? [ 29 Aug 2017 ]
·
7 Pillars of Data Protection
Law [ 27 Nov
2017 ]
·
Data Protection without Data Privacy ? [ 08 Jan 2018
]
Dear Shri Ravi
Shankar Prasadji,
I urge you to incorporate my above suggestion in
proposed DATA PROTECTION BILL
If you do , the entire world will look up to India
for guidance in matter of PERSONAL
DATA PROTECTION and PRIVACY
======================================================
05 Jan
2019
RSVP >
hcp@RecruitGuru.com