Context :
( ET - 25
March 2022 )
Extract :
Ø The panel has sought public response on :
# Enactment or amendment to existing laws and procedures surrounding
surveillance,
# Ensuring prevention of invasion of citizen’s
right to privacy,
# Establishing a mechanism to raise grievances on suspicion of illegal
surveillance etc
MY
TAKE :
Pegasus Panel Members :
Justice Raveendran
Shri Alok Joshi
Dr Sundeep Oberoi
Dr Naveen Kumar
Chaudhary, Professor (Cyber Security and Digital Forensics)
Dr Prabaharan P.,
Professor (School of Engineering), Amrita Vishwa Vidyapeetham
Dr Ashwin Anil
Gumaste, Institute Chair, Associate Professor – IIT Bombay
Dear Friends ( Panel Members ) :
I urge you to consider my following suggestion in this
matter
Who watches the
Watchmen ?
………………………….[ 12 Jan
2019 ]
Extract :
In my view, a compromise solution is
possible , which :
# Does NOT require those intelligence agencies to take any PRIOR
PERMISSION of
the
# At the same time, ensures that there is “ NO MISUSE “ by those intelligence
agencies
Here is how :
In my proposed portal ( www.IndiaDataCustodian.gov.in ),
provide following sections :
{ for understanding the working of this
proposed portal , read :
Only Answer : a Statutory Warning [ 10
Nov 2018 ] }
# SURVEILLANCE REQUEST SECTION
Any agency wanting to conduct surveillance of online / offline activities of
an
Indian
This
shall contain details such as :
· Name
of the agency
[ 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 ) :
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 “ .
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
# But the citizen concerned will NOT be able to see following entries by the
Agency :
# What
was the PURPOSE / REASON for the surveillance
# 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
And
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 !
RELATED READINGS :
Virtual
Reality ( VR ) Arrival : Privacy Departure ? …………………………[ 20 June 2021 ]
Balancing
: National Security vs Personal Privacy………………………….. [ 19 July 2021 ]
Pegasus
: Give it to a Surgeon………………………………………………………… [ 20 July 2021 ]
Industry
wants Central Portal for Law Enforcement Agencies…………[ 21 July 2021 ]
Will
mother Medusa replace son Pegasus ? …………………………………….[ 29 July 2021 ]
Surveillance
Procedure / V 2.0……………………………………………………….. [ 31 Aug 2021 ]
Phone
tapping is Passé : Make Way for Face-tapping …………………….[ 06 Sept 2021 ]
Dear
Supreme : How about asking Pegasus to file an Affidavit ?.....[ 15 Sept
2021 ]
----------------------------------------------------------------------------------------------------------------------------
Pegasus
Committee : Terms of Reference ……………………………………….[ 26 Sept 2021 ]
Extract :
Ø By no means, the above is a comprehensive list
Ø I urge you to include in those “ terms of reference “, the following :
# In light of your findings, do you see the need to modify / amend, not
only the current law (
but
also the rules / procedures /
processes etc ,
snooping ?
# While preparing your recommendations, you may kindly examine
whether your recommendations will stand the test of time, in light of
the rapidly changing SURVEILLANCE TECHNOLOGY , as
illustrated below :
=================================================
Supremely
Satisfactory ………………………………………………..[ 27 Oct 2021 ]
Extract :
Supreme
Court, in its order says :
“ The committee shall have the power, to take the statements of any
person in connection with the inquiry “
Please treat this as my “ Statement “
====================================================================
with
regards,
hemen parekh
/ hcp@RecruitGuru.com / 29
March 2021
CC :
# National
Forensic Sciences University’s dean Naveen Kumar Chaudhary
[ naveen.chaudhary@nfsu.ac.in ]
# Amrita Vishwa
Vidyapeetham’s professor Prabaharan P
# IIT-Bombay
professor Ashwin Anil Gumaste
# Sundeep
Oberoi / sundeep.oberoi@yahoo.com