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The Supreme Court has dismissed the Union government’s plea to reconsider its judgment that made it mandatory for the Enforcement Directorate (ED) to provide a copy of the grounds of arrest to accused in money laundering cases while adding that a mere verbal information would be construed as a breach of constitutional right of arrested persons.

My Take :

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

Extract :

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

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 / 26 March 2024

Tuesday, 26 March 2024

Impressions of some blogs ( as on 26 March 2024 )

Monday, 25 March 2024

Surveillance is one step below Arrest

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