Context :
‘Can’t
give free pass’: SC panel to probe Pegasus / HT
/ 28 Oct 2021
Extract :
Ø The Supreme Court on
Wednesday set up a three-member expert committee, to be supervised by a retired
judge of the court, RV Raveendran, to investigate,
# whether the Centre or any state government acquired and used
Israeli spyware Pegasus for
surveillance of Indian citizens, and
# to also ascertain details of people targeted.
Ø
Justice Raveendran will be assisted
by :
# Former IPS officer Alok Joshi and
# Cyber security expert Sundeep
Oberoi / sundeep.oberoi@yahoo.com
Ø
The court appointed as members of the technical committee :
# 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
Ø The committee shall ascertain :
# Whether the Centre or any state government acquired Pegasus and used
it on the phones
or other
stored data and other information.
# If the spyware was indeed used, the court said, the committee shall
determine how and by whom
# The details of the victims of
spyware attack.
Ø
The committee would propose :
# A mechanism to ensure prevention of invasion of citizens’ right to
privacy
# Suggest a forum to raise grievances on suspicion of illegal surveillance
of their devices; and
# Evaluate the feasibility of setting up of a well -equipped independent
premier agency
to
cyberattacks
# An ad hoc arrangement that may be made by the court as an interim
measure for the protection
passing a law to this effect.
Ø
The committee shall have the power,
# to take the statements of any person in connection with the inquiry and
call for the records of any
Ø
The SC added:
# “ It is undeniable that surveillance and the knowledge that one is under
the
to exercise his or her rights.”
In its order on Wednesday, the top court began by pointing
out that the petitions on use of Pegasus
raise an Orwellian concern, about
the alleged possibility of utilizing modern
technology,
# to
hear what you hear,
# see
what you see and to
# know
what you do.”
===================================================
MY TAKE :
Thank You, Supreme
Court :
For incorporating,
in your yesterday’s order, suggestions from my following e-mail :
Ø Pegasus
Committee : Terms of Reference …………[ 26 Sept 2021 ]
Extract :
Dear CJI,
No doubt those “ Terms of Reference “ will
require the proposed committee to investigate – and answer :
Ø Was the
snooping ( phone-tapping ) was as per existing LAW or not ?
Ø Was it
properly “ authorized “ ( by officers having necessary authority to order ) ?
Ø Did that
snooping amount to “ invasion of privacy “ of persons whose phones were tapped ?
Ø Against
those whose phones got tapped, was there sufficient evidence to suspect that
they were likely to be engaged in “ activities that could be prejudicial to
National Security “ ?
Ø After that
tapping, did it reveal “ bad intentions “ on part of those surveyed ?
Ø If yes,
what action got taken against those persons ?
--------------------------------------------------------------------------------
By no means, the above is a comprehensive list
I urge you to include in those “ terms of reference “, the
following :
Ø # In light of your findings, do you see the need to modify / amend, not only the
current law ( governing such surveillance of citizen ), but also the rules /
procedures
/ processes etc , governing such snooping ?
Ø # If yes , please consider rules – process –
procedure , described in :
# Who watches the Watchmen ? ………………( 12 Jan 2019 )
With whatever changes that you may want
to propose to the suggestion made above, please
submit a draft for consideration by this court
If satisfied with your draft , this court may submit the same to the Central Government for
carrying out suitable amendments
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 :
Ø Pegasus
seems to have changed its “ Strategy “
, as follows :
# bypassing the
governments of countries
# not
selling or franchising its software to governments
# carrying
out the phone-tapping of any citizen in any country
without
taking any permission
( Zero Click method
) – and without citizen being aware
# may
be “ selling “ that data
to any willing buyer – including the govt
of citizen’s country
(
source :
Dear Supreme : How about asking
Pegasus to file an Affidavit ? /
15 Sept 2021 )
“ Smart Eye Glasses “ which enable the wearer to take photos / videos, of any
person i
mobile app ( with mobile phone hidden in wearer’s pocket ).
i
Let no one have doubts that, before l
compiling ( without anyone’s permission – including officers in the IT
Ministry of Govt of India ), data of billions of humans from all over the
world !
i ( Ref : Facebook glasses are a privacy nightmare )
Supreme Court has asked you for
recommending / proposing :
# A mechanism
# A forum
# An independent
premier agency
# An ad hoc arrangement
In my following earlier
e-mail to Supreme Court :
Ø Who
watches the Watchmen ? ……………………..[ 12 Jan 2019 ],
- I have described in considerable details, all
of these
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,
Related Readings :
Ø Dear Supreme :
How about asking Pegasus to file an Affidavit
? (
15 Sept 2021 )
Ø Will mother
Medusa replace son Pegasus ? ……………………..( 29 July 2021 )
Ø Pegasus : Give
it to a Surgeon……………………………………………( 20 July 2021 )
Ø Balancing :
National Security vs Personal Privacy………………( 19 July 2021 )
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