Supreme may Propose : Technology will
Dispose
=================
Last week , I sent following emails to the Supreme
Court [ SupremeCourt@nic.in ] :
While
debating whether our Constitution does ( or does not ) provide for an
individual citizen’s RIGHT to
PRIVACY , it becomes necessary to also debate
the following :
·
Should larger “ Societal Good “ prevail over an individual’s right to privacy – especially if no violation of dignity
is involved ?
·
If I am unable to stop junk advts arriving in my physical mail box (
pamphlets / literature ) , should I feel offended with email such as :
“
Hey ! Since you are sending so many emails to Nandan Nilekani , would you like
to read his book , “ Re-imagining India “ ? “
Can the
world-wide March
of Technology be
stopped by India’s Supreme Court
by
dictating , who cannot “ invent “ , what ?
Eg
: Without explicit permission from the person concerned :
# Smart phones which read human dreams and “message “ to WhatsApp group
# Spectacles ( ala Google Glass )
which allow wearer to take 1 hr videos of
anyone / anytime , walking on the road and upload on the CLOUD
# Wrist bands which measure
precise drug level in blood and alert the Police
# Shirt-mounted Cameras worn
by Mumbai Police to capture video / audio of
traffic offenders
# RFID collars around the necks of
prisoners on parole , to track their
Movements
# Currency Notes made of flexible / conducting Plastic , capable of
capturing the
finger-prints of every person who handles it and then relaying that info to
Income
Tax department
# TV sets that “ record and transmit “ , what you are watching (
like web site
cookies
) . All you did was to switch on the TV . Who said anything about
permission ?
# Clothes that you forgot to
wear for 6 months , announcing their own “ sale “
on E bay website (and , without asking your permission , revealing what
private
under-clothes you wear , to entire world ! )
Read : Help
! Please , Rescue me !
·
Can
our Supreme Court tell :
# Zuckerberg > Don’t
deploy drones -lasers, beaming internet signals to Indians
# Sundar Pichai > Scrap you Project LOON / Project Skybender ( 5G internet
)
# ViaSat / Boeing > No beaming of 1Gbps internet from satellites to Indians
# SpaceX / Virgin Galactic > Keep your revolutionary internet tech to yourself
# Prof Jhunjhunwala ( IIT-M ) > Do not license , your invention that delivers
Internet signals using ordinary 220V domestic
electrical outlet – to Indians
# Satya Nadela > You
are clearly invading Privacy of Indians
by launching your
Mobile
App “ Seeing AI “ , described below :
“ Seeing AI “ can
identify things in your environment – people , objects and
Even EMOTIONS – to provide important context for what’s going on
around
you
. The app is also good at reading text . It can be used to take a picture
of the text .
THE APP CAN TELL YOU WHETHER OR NOT PEOPLE ARE
REALLY LISTENING
TO
WHAT YOU ARE SAYING
and ,
IT CAN DESCRIBE THE GENERAL AGE AND GENDER
OF THE
PEOPLE
AROUND YOU AS WELL AS THEIR EMOTIONS
·
Can our Supreme Court prevent foreign companies – and foreign
individuals ( over whom , it has no jurisdiction ) – from entering into “
Delivery Contracts “ with Indian Citizens to deliver “ Services or even Goods “
, over the Internet ? - contracts requiring that Indian Citizen to surrender
his PERSONAL / PRIVATE information willingly – and agreeing that the same can
be used in ANYWAY ! )
·
If such Foreign Companies ( or Individuals ) were to obtain from those
Indian Citizens , a “ Waiver “ for all / any kind of litigation / damages , can
Indian Judiciary still intervene and prosecute such Foreign Companies /
Individuals ?
How
many will you sue ? And where ?
·
And what about PRIVATE / PERSONAL
information about Indian Citizens , already available on the internet that
ANYONE can scrap and even sell to others ?
To
know the extent of this issue , in Google , just type :
“
Database Vendors in India “ ( Which of these 58.4 LAKH , will you sue ? )
·
What about PERSONAL / PRIVATE
information that tomorrow’s ( - already here ! ) technology will “ ACQUIRE WITHOUT ASKING “ , an individual’s permission ?
While debating these LARGER ISSUES ( - which will decide whether RIGHT TO PRIVACY , is implementable or not ), I urge
the Honourable Judges to consider the following :
Microsoft / Google / Amazon etc have
started selling devices ( ASSISTANTS )
, which sit on your desk and answer many of your ( so far , simple ) questions
and carry out ( so far , simple ) instructions,
But
,
These
have started OBSERVING your every
movement and LISTENING to your every SPOKEN WORD and relaying to the CLOUD !
It
is only a matter of time before EVERY
SMART PHONE sold in the market , is capable of all
of these things – and MORE ! ( Eg : reading your THOUGHTS and
relaying to CLOUD !
Pl read :
Artificial Intelligence : Brahma , Vishnu or
Mahesh ?
https://myblogepage.blogspot.com/2017/06/in-hindu-mythology-brahma-creator.html
Already, Mobile Apps
come embedded with AI powered ALGORITHMS , which tell you :
#
What to BUY – and from WHERE
#
The right TIME to invest , HOW much and in WHICH equity / investment
( - without asking you
to provide your PRIVATE / PERSONAL information )
By next year , you
will be able to buy a REFRIGERATOR , which will place orders for food ( of course , without
asking you ) on your Super Market , based on keen observation of your EATING HABITS ( - some would
consider , PRIVATE ? )
Who knows , before long , that computer database of the Super Market ( which
has stored all of your food preferences ) , will deliver food without your
fridge
ordering – and even recommend to your friends ,
what you have been eating !
I have no doubt that in the years to come , our devices / appliances will take
over
more and more decisions of our life , just by observing us 24*7 !
Self Driving cars
will come to a sudden stop if you happen to cross the road and save your life,
But
,
It’s
camera ( which noticed you / photographed you ) will know precisely WHO
you
are , WHERE you live , WHAT you do ! Of course ,
without asking for your
details
! Who cares as long as you are not over-run !
As a citizen , you
expect the Government to provide COMPREHENSIVE HEALTH –
CARE , throughout your life
That
would require ( apart from issuing an AADHAAR id at birth ) , collection
of
following , about each new born ( - and “ about to be born “ as well ? ) :
# Details of both , Father and Mother
# Stem Cell samples / DNA- GENOME mapping
# Blood Group data – Blood Chemistry –
Pathological Test Data
# Height – Weight – Colour – Retina Scan
# ECG – EEG – Respiratory Data – CT Scan – X
Ray
# Vaccination Details…..etc
Would you / should you raise PRIVACY CONCERNS
, if Government decides that
any
Doctor or Hospital treating you during your entire life , can access your data
over
internet ?
Or , the
next door “ Chemist Shop “ deliver to you that “ Customized
Medicine “ at
the right
instance in your life’s journey ?
Find some more
arguments ( for withdrawing “ life support system “ to a patient suffering from a terminal illness ) , read :
Privacy
does not live here
https://myblogepage.blogspot.com/2017/07/privacy-does-not-live-here.html
=======================================================
23 July 2017
www.hemenparekh.in
/ blogs
Warm Regards,
Hemen Parekh
+91 98675 50808
From: Hemen Parekh
[mailto:hcp@recruitguru.com]
Sent: 22 July 2017 16:46
To: narendramodi1234@gmail.com; ajaitley@del5.vsnl.net.in; jayant.sinha19@sansad.nic.in; piyush.goyal@gov.in; nitin.gadkari@nic.in; spprabhu1@rediffmail.com; bandaru@sansad.nic.in; smritizirani@nic.in; nsitharaman@nic.in; ravis@sansad.nic.in; sureshprabhu@irctc.co.in; prakash.j@sansad.nic.in; secy-ipp@nic.in; amitabh.kant@nic.in; shaktikanta.das@nic.in; rsecy@nic.in; adhia1981@gmail.com; ceo-niti@nic.in; atul-chaturvedi@nic.in; uma.bharati@sansad.nic.in; d.pradhan@sansad.nic.in; rprudy.office@gmail.com; rudypr@rediffmail.com; eam@mea.gov.in; mosvks@mea.gov.in; mvnaidu@sansad.nic.in; mnaqvi@sansad.nic.in; rao.inderjit@sansad.nic.in; mljoffice@gov.in; sadananda.gowda@sansad.nic.in; ministerminority@gov.in; minister-ca@nic.in; amitabhk87@yahoo.com; ramvilas.paswan@sansad.nic.in; gandhim@sansad.nic.in; hm.moca@nic.in; geete@sansad.nic.in; simratbadal@yahoo.com; ns.tomar@nic.in; rmsingh@sansad.nic.in; tc.gehlot@sansad.nic.in; dr.harshvardhan@sansad.nic.in; arunbjp13@gmail.com; arunbjp7@rediffmail.com; 14ashokaroad@gmail.com; invitefvg@gmail.com; ferozevarun.gandhi@sansad.nic.in; UP Ministers; adr@adrindia.org; BJP National Executive; agajapathiraju.p@sansad.nic.in
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Subject: RE: FOR ATTN : SHRI Sadanand Gowdaji
Sent: 22 July 2017 16:46
To: narendramodi1234@gmail.com; ajaitley@del5.vsnl.net.in; jayant.sinha19@sansad.nic.in; piyush.goyal@gov.in; nitin.gadkari@nic.in; spprabhu1@rediffmail.com; bandaru@sansad.nic.in; smritizirani@nic.in; nsitharaman@nic.in; ravis@sansad.nic.in; sureshprabhu@irctc.co.in; prakash.j@sansad.nic.in; secy-ipp@nic.in; amitabh.kant@nic.in; shaktikanta.das@nic.in; rsecy@nic.in; adhia1981@gmail.com; ceo-niti@nic.in; atul-chaturvedi@nic.in; uma.bharati@sansad.nic.in; d.pradhan@sansad.nic.in; rprudy.office@gmail.com; rudypr@rediffmail.com; eam@mea.gov.in; mosvks@mea.gov.in; mvnaidu@sansad.nic.in; mnaqvi@sansad.nic.in; rao.inderjit@sansad.nic.in; mljoffice@gov.in; sadananda.gowda@sansad.nic.in; ministerminority@gov.in; minister-ca@nic.in; amitabhk87@yahoo.com; ramvilas.paswan@sansad.nic.in; gandhim@sansad.nic.in; hm.moca@nic.in; geete@sansad.nic.in; simratbadal@yahoo.com; ns.tomar@nic.in; rmsingh@sansad.nic.in; tc.gehlot@sansad.nic.in; dr.harshvardhan@sansad.nic.in; arunbjp13@gmail.com; arunbjp7@rediffmail.com; 14ashokaroad@gmail.com; invitefvg@gmail.com; ferozevarun.gandhi@sansad.nic.in; UP Ministers; adr@adrindia.org; BJP National Executive; agajapathiraju.p@sansad.nic.in
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Subject: RE: FOR ATTN : SHRI Sadanand Gowdaji
Privacy does not
live here !
Once upon a time it did , but no more
A time when people lived on the ground
and visited each other in their offices to conduct business or in their homes
for small talk
Then around 1981 , came IBM PC ( and
clones called, “ IBM Compatibles “ ) , followed by Internet around 1990
That started the deluge !
·
E-Mailing / Messaging Apps ( one – to – one / one – to – many )
·
Search Engines / Job Portals
·
Social Media sites / E Commerce sites / Aggregator sites of every type
·
Hardware ( Smart phones / Tablets / Laptops / Wrist Bands )
·
Spiders / Crawlers / Cookies / Mobile Apps / Chat Bots
·
Headsets ( AR / VR ) / Hepatic Gloves / Holograms / Google Glasses
·
Artificial Intelligence / Cloud / IP V.6
·
Robots ( to give me medicines or keep me company in 85th year
of life )
And , with or without my permission ,
these “ apparitions / contraptions “ captured – and made available for everyone to view – EVERYTHING
about me ( - for monetary considerations or in exchange for INFORMATION about
the users ! )
This was information about me , which ,
until their arrival , was known to only a few .
Information such as :
·
Who I am ( name )
·
Where and when, I was born / who were my parents
·
Where I grew up / where I live currently
·
Do I live in a rented place or in an owned flat
·
What Schools / Colleges I attended ( - and degrees I acquired )
·
What Companies I worked for and salaries I got
·
How I travel to work ( own vehicle or public transport )
·
Where I go for my holidays / what books I read
·
Who I married and who are my children ( - and how many )
·
If divorced , how much alimony I pay and to whom
·
Where I invest my money ( Banks – Funds – Equity etc )
·
How much I have borrowed from whom and for how long
·
My Credit ranking ( including my spending history / card wise –
wallet wise )
·
What are my eating ( food ) preferences and the restaurants I visit
·
What I do for entertainment ( Music / Movies / Videos )
·
What clothes I wear and how often do I buy
·
Who are my friends and how often I phone / text them / meet them
·
What ailments I suffer from and what medicines I take
·
What minor offences ( traffic ) or crimes that I have committed
·
What elections I have contested ( won and lost )
·
Who are my doctors / lawyers / brokers / agents etc
·
What web sites I visit and how often and for how long
·
What do I search on the Net / What RSS feeds I subscribe to
·
What TV channels I watch and Radio Stations that I listen to
·
Every photo of mine ever taken ( selfie or otherwise )
·
Every phone call that I ever made or received
·
Every Email / Text message that I ever sent or received
·
Every blog / comment that I ever posted on the Web
·
Every face-to-face communication that I engaged in
And when that ( dreaded ? ) SINGULARITY
arrives ( when Computer / Internet / Artificial Intelligence combination , is
expected to get smarter than the human beings ) , expect the following :
·
Even things about me , which I may have left out in the above list ,
will be known to the GOD( Give Our Data ) residing in the CLOUD (no need for
any permission )
·
That O3 ( Omnipresent / Omniscient / Omnipotent ) , will dictate my life
·
Hopefully , O3 will be governed by Issac Asimov’s “ 3 Laws of
Robotics “
Postman does not knock at my door
anymore
He knows , “ Privacy does not live here
“
22 July 2017
www.hemenparekh.in
/ blogs
Warm Regards,
Hemen Parekh
+91 98675 50808
From: Hemen Parekh
[mailto:hcp@recruitguru.com]
Sent: 20 July 2017 10:41
To: narendramodi1234@gmail.com; ajaitley@del5.vsnl.net.in; jayant.sinha19@sansad.nic.in; piyush.goyal@gov.in; nitin.gadkari@nic.in; spprabhu1@rediffmail.com; bandaru@sansad.nic.in; smritizirani@nic.in; nsitharaman@nic.in; ravis@sansad.nic.in; sureshprabhu@irctc.co.in; prakash.j@sansad.nic.in; secy-ipp@nic.in; amitabh.kant@nic.in; shaktikanta.das@nic.in; rsecy@nic.in; adhia1981@gmail.com; ceo-niti@nic.in; atul-chaturvedi@nic.in; uma.bharati@sansad.nic.in; d.pradhan@sansad.nic.in; rprudy.office@gmail.com; rudypr@rediffmail.com; eam@mea.gov.in; mosvks@mea.gov.in; mvnaidu@sansad.nic.in; mnaqvi@sansad.nic.in; rao.inderjit@sansad.nic.in; mljoffice@gov.in; sadananda.gowda@sansad.nic.in; ministerminority@gov.in; minister-ca@nic.in; amitabhk87@yahoo.com; ramvilas.paswan@sansad.nic.in; gandhim@sansad.nic.in; hm.moca@nic.in; geete@sansad.nic.in; simratbadal@yahoo.com; ns.tomar@nic.in; rmsingh@sansad.nic.in; tc.gehlot@sansad.nic.in; dr.harshvardhan@sansad.nic.in; arunbjp13@gmail.com; arunbjp7@rediffmail.com; 14ashokaroad@gmail.com; invitefvg@gmail.com; ferozevarun.gandhi@sansad.nic.in; UP Ministers; adr@adrindia.org; BJP National Executive; agajapathiraju.p@sansad.nic.in
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Subject: RE: FOR ATTN : SHRI Sadanand Gowdaji
Sent: 20 July 2017 10:41
To: narendramodi1234@gmail.com; ajaitley@del5.vsnl.net.in; jayant.sinha19@sansad.nic.in; piyush.goyal@gov.in; nitin.gadkari@nic.in; spprabhu1@rediffmail.com; bandaru@sansad.nic.in; smritizirani@nic.in; nsitharaman@nic.in; ravis@sansad.nic.in; sureshprabhu@irctc.co.in; prakash.j@sansad.nic.in; secy-ipp@nic.in; amitabh.kant@nic.in; shaktikanta.das@nic.in; rsecy@nic.in; adhia1981@gmail.com; ceo-niti@nic.in; atul-chaturvedi@nic.in; uma.bharati@sansad.nic.in; d.pradhan@sansad.nic.in; rprudy.office@gmail.com; rudypr@rediffmail.com; eam@mea.gov.in; mosvks@mea.gov.in; mvnaidu@sansad.nic.in; mnaqvi@sansad.nic.in; rao.inderjit@sansad.nic.in; mljoffice@gov.in; sadananda.gowda@sansad.nic.in; ministerminority@gov.in; minister-ca@nic.in; amitabhk87@yahoo.com; ramvilas.paswan@sansad.nic.in; gandhim@sansad.nic.in; hm.moca@nic.in; geete@sansad.nic.in; simratbadal@yahoo.com; ns.tomar@nic.in; rmsingh@sansad.nic.in; tc.gehlot@sansad.nic.in; dr.harshvardhan@sansad.nic.in; arunbjp13@gmail.com; arunbjp7@rediffmail.com; 14ashokaroad@gmail.com; invitefvg@gmail.com; ferozevarun.gandhi@sansad.nic.in; UP Ministers; adr@adrindia.org; BJP National Executive; agajapathiraju.p@sansad.nic.in
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Subject: RE: FOR ATTN : SHRI Sadanand Gowdaji
#RighttoPrivacy ! Thank You Your
Honors !
=================
Thank you Your Honours ,
Thank you for taking time out to read my
following E mail sent to you [ supremecourt@nic.in ],
yesterday morning .
Today’s Hindustan Times [ 20 July ], carries following report :
“ Right to Privacy isn’t absolute,
observes the Supreme Court “
A rare 9-judge bench of the Supreme
Court said the RIGHT TO
PRIVACY IS NOT ABSOLUTE,
making its first observations on Wednesday as it began hearing on an issue that
could have a sweeping impact on issues such as the Aadhaar scheme and the law
criminalising homosexuality.
The bench began the process to decide if privacy can be regarded as a
fundamental right guaranteed to all
Indians, a question that arose from the legal challenge to the Aadhaar programme
that activists say impinges on the right
to privacy.
“ If privacy is about right to make a
choice, then choice in what areas ? Family, sexual orientation,
gender identity, surveillance, what all? ” , it observed.
In addition to the Section 377 case, the
SC’s ruling on privacy will impact a case against mobile communication
application WhatsApp in which petitioners have opposed its policy to share user data with its
parent Facebook.
‘ NEED TO DEFINE PRIVACY ’
During the hearing the bench felt that right to privacy was too “amorphous” a term and said that to recognise privacy as a definite right, it had to first define it.
“How do we DEFINE privacy ?
What are its CONTENTS ?
Its CONTOURS ?
How can the State REGULATE privacy ?
What OBLIGATIONS does the State have to PROTECT
a person’s privacy ? ”
Justice Chandrachud asked the lawyers
representing petitioners in Aadhaar case.
AN ATTEMPT TO DEFINE THE RIGHT TO
PRIVACY MAY CAUSE MORE
HARM THAN GOOD, the bench said.
The observations may or may not be a
part of the court’s final ruling.
Justice Chandrachud also posed several
questions on data protection in
the age of social media,
saying ,
SOCIAL
MEDIA did not exist when the CONSTITUTION was made.
IF PEOPLE HAVE PUT THEMSELVES IN THE PUBLIC REALM USING TECHNOLOGY, IS THAT NOT A SURRENDER OF THEIR RIGHT TO PRIVACY?,” the judge said, asking if right to privacy is
non-negotiable.
Senior advocate Shyam Divan placed
before the bench a statement made by a minister in March admitting privacy was
“probably a fundamental right” and “part of individual liberty.”
Divan said in the internet age, one
should have the right of “ informational
self-determination ”. “ I should
know how much I should put forward and not be compelled,” he submitted.
He complained there was hardly any data
protection in this digital age, leading to a compromise in privacy.
Former solicitor general Gopal
Subramanium said right to liberty and lead a life of dignity includes the right
to privacy.
“The right to liberty means the right to
make personal choices, the right to develop one’s personality, one’s aura,
one’s thinking and actions, the freedom of religion and conscience, the freedom
to believe or not believe,” he told the bench, which will continue hearing the
case on Thursday.
Thank you Your Honours ;
Thank you for making me , a “ party (
in absentia ) to the on-going litigation “
My humble submission :
If
those who drafted our Constitution in 1947 , could not have foreseen the
CONTOURS that SOCIAL MEDIA will acquire in 2017 , it was understandable
But
in 2017 , when 10 year old children are coding Mobile Apps employing Virtual
Reality / Augmented Reality / Artificial Intelligence / Machine Learning /
Neural Networks / Hepatic Interfaces / Holographic Projections etc , would
anyone understand if lawyers / jurists ( of this Software Super Power , India
), decided to bury their heads in the sand , hoping that they will , somehow escape
getting buried under the inevitable Sand Storm of TECHNOLOGY
?
20 July 2017
www.hemenparekh.in
/ blogs
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