Emails (Others): RE: RIGHT TO PRIVACY ?

Artificial Intelligence : Destroyer of Privacy ?

Hindustan Times ( 26 July ) carries following report :

“ Elon Musk escalates row with Zuckerberg over AI “

The ongoing spat between tech honchos Elon Musk and Mark Zuckerberg escalated on Tuesday, with the Space X and Tesla CEO saying the Facebook creator’s understanding of artificial intelligence (AI) is “ limited ”.

Zuckerberg had earlier claimed Musk’s warnings of the dangers of AI were “irresponsible” and castigated him for arguing that care and regulation is needed to safeguard the future if AI were to become mainstream.

“I think people who are naysayers and try to drum up these doomsday scenarios – I just, I don’t understand it. It’s really negative and in some ways I actually think it is pretty irresponsible,” Zuckerberg had said.

In response, Musk shot back with a tweet on Tuesday, writing, “I’ve talked to Mark about this. His understanding of the subject is limited.”

Musk had ignited a global discussion on the dangers of AI back in 2014, when he predicted that machines that are smarter than humans would spell “doom” for mankind. He is involved in a startup called Neuralink that intends to build devices to connect the human brain with computers.

Meanwhile, Zuckerberg considers himself an optimist when it comes to AI. Inspired by Iron Man’s AI assistant Jarvis, the Facebook chief has coded and developed his own artificial assistant which can control his home — including lights, temperature, appliances, music and security — that learned his tastes, and can even entertain his daughter Max.

The system he developed uses several AI techniques, including natural language processing, speech recognition, face recognition and reinforcement learning.

Even if we are not sold on Musk’s idea that AI powered Robots will spell “ doom “ for the mankind , there is no doubt that Zuckerberg has designed his assistant JARVIS in such a way that it observes Mark – and his daughter – all through the day and “ learns “ WHAT THEY ARE DOING , HOW THEY ARE DOING , WHY THEY ARE DOING

With all this “ learning “ ( info shared voluntarily by the Zuckerberg household ) , Jarvis keeps getting better

Not so frightening , as yet !

Now extend this scenario to JARVIS ( and similar devices from Microsoft / Google / Amazon / Apple etc) sitting inside a million households and picking up info about the behaviours ( including spoken words / facial expressions ) of a BILLION persons and relaying to the CLOUD [ - in 2 years , JARVIS will shrink / morph into that smart phone in your pocket ! ]

That is , “ accumulating / filtering / multiplying / analysing / extrapolating “ HUMAN INTELLIGENCE of a billion persons

This will be the TIPPING POINT , when Artificial Intelligence will overtake the Human Intelligence !

AND THIS WILL COME ABOUT THROUGH VOLUNTARY ( - OR INVOLUNTARY ) SHARING OF PERSONAL INFO BY A BILLION PERSONS

If you still entertain doubts about the future of PRIVACY , here is what Eric Schmidt and Jared Cohen ( both of Google ) wrote in ,

The New Digital Age ( pg 57 ) - 2013 :

In an open democracy , where free expression and responsive governance feed the public’s impulse to share, citizens will increasingly serve as judge and jury of their peers

More available data about everyone will only intensify the trends we see today

Every opinion will find space in an expansive virtual landscape , real-time updating will foster hyperactive social and civil spheres, and the ubiquity of social networking will allow everyone to play celebrity, paparazzo and voyeur , all at once

Each person will produce a voluminous amount of data about himself – his past and present , his likes and choices , his aspirations and daily habits

Like today, much of this will be “ opt-in “, meaning the user deliberately choose to share content for some undefined social or commercial reason ; but some of it won’t be

Also like today, many online platforms will relay data back to companies and third parties about user activity WITHOUT THEIR EXPRESS KNOWLEDGE

PEOPLE WILL SHARE MORE THAN THEY’RE EVEN AWARE OF

26 July 2017

www.hemenparekh.in / blogs

Warm Regards,

Hemen Parekh

+91 98675 50808

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 25 July 2017 09:11
To: 'supremecourt@nic.in'
Cc: 'info@lawleader.in'; 'ili@ili.ac.in'; 'secretary@scbaindia.org'; 'nalsa-dla@nic.in'; 'nalsa1987@gmail.com'; 'sclsc@nic.in'; 'vidhi@vidhilegalpolicy.in'; 'arghya.sengupta@gmail.com'; 'sanjayfcs@gmail.com'; 'indira@giasdl01.vsnl.net.in'; 'indirajaising@gmail.com'; 'officemail@ipcs.org'; 'office@bjpanda.org'; 'akumar@del2.vsnl.net.in'; 'kumarashwini52@gmail.com'; 'ecommittee@indianjudiciary.gov.in'; 'theinvisiblelawyers@gmail.com'; 'solisorabjee@hathway.com'; 'fnariman@hathway.com'; 'abdsad@airtelmail.in'; 'anildivan@gmail.com'; 'rkpslaw@hotmail.com'; 'kkvenu@vsnl.com'; 'adesai@vsnl.com'; 'pprao@airtelmail.in'; 'vrreddy@vsnl.com'; 'guptadp@vsnl.com'; 'knbhat@hotmail.com'; 'knbhat@yahoo.com'; 'knbhat@gmail.com'; 'shidesai@sancharnet.in'; 'shidesai@rediffmail.com'; 'lbhasin@gmail.com'; 'lbhasin@vsnl.com'; 'prashant.kpalegal@gmail.com'; 'kpalegal@vsnl.net'; 'yakeshanand@gmail.com'; 'yakeshanand@yahoo.com'; 'contact@drabhisheksinghvi.com'; 'a.singhvi@sansad.nic.in'; 'neelam.dhawan@hp.com'; 'kapilsibal@hotmail.com'; 'kapil@kapilsibal.com'; 'rahul.matthan@trilegal.com'; 'amankumar.singh@gov.in'; 'sunil@cis-india.org'; 'nimita@cis-india.org'; 'pranesh@cis-india.org'; 'saikat@cis-india.org'; 'sumandro@cis-india.org'; 'ajay@cis-india.org'; 'nehaa@cis-india.org'; 'anubha@cis-india.org'; 'rohini@cis-india.org'; 'vidushi@cis-india.org'; 'vanya@cis-india.org'; 'amber@cis-india.org'; 'japreet@cis-india.org'; 'udbhav@cis-india.org'; 'sneha@cis-india.org'; 'zeenab@cis-india.org'; hcp@recruitguru.com
Subject: RE: RIGHT TO PRIVACY ?

Seeing AI through Google Glass ?

============

In my yesterday’s blog , I mentioned Microsoft’s Mobile app “ Seeing AI “

https://myblogepage.blogspot.in/2017/07/supreme-may-propose-technology-will.html

It is supposed to “interpret the EMOTIONS “ of the person being photographed

Later , in the evening , when someone took my photo ( iPhone required ) , “ Seeing AI “ screen read ( it can SPEAK too , since it is meant for blind persons ) :

“ A 85 year old man with face showing neutral expression “

100 % correct ! 100 % spooky !

What would “ Seeing AI “ tell you if you were to take a photo of ,

# Now illegal currency note of Rs 1,000 ?

# A 8 month pregnant woman ?

I do not want to spoil your amazement !

Next year , I expect “ Seeing AI “ ( an Android version ) to read / speak :

“ 86 years old Hemen Parekh , with an expression of amusement listening to the futile

debate on Right to Privacy “

And in another 3 years , no need for that intruder of your privacy, to carry a iPhone .

Just watch out for anyone wearing the latest version / imitation of Google Glass and looking at you from 20 feet away (unfortunately , every glass-wearing person you meet in a Conference Room , cannot be sued for breach of privacy ! )

Not only will he READ on the glass screen , EVERYTHING about you , but also LISTEN every word that you are uttering ( lip-reading apps are already being experimented )

Eric Schmidt and Jared Cohen ( both from Google ) wrote in 2013 ,

“ The New Digital Age “( pg 56 ) :

“ Individuals will still have some discretion over what they share from their devices , but it will be IMPOSSIBLE to control what others capture and share “

To know what those devices would “ capture and share “ about you , look up :

Privacy does not live here !

https://myblogepage.blogspot.in/2017/07/privacy-does-not-live-here.html

To keep your BP down and your Sanity up , resign to the inevitable !

25 July 2017

www.hemenparekh.in / blogs

Warm Regards,

Hemen Parekh

+91 98675 50808

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 23 July 2017 18:09
To: supremecourt@nic.in
Cc: info@lawleader.in; ili@ili.ac.in; secretary@scbaindia.org; nalsa-dla@nic.in; nalsa1987@gmail.com; sclsc@nic.in; vidhi@vidhilegalpolicy.in; arghya.sengupta@gmail.com; sanjayfcs@gmail.com; indira@giasdl01.vsnl.net.in; indirajaising@gmail.com; officemail@ipcs.org; office@bjpanda.org; akumar@del2.vsnl.net.in; kumarashwini52@gmail.com; ecommittee@indianjudiciary.gov.in; theinvisiblelawyers@gmail.com; solisorabjee@hathway.com; fnariman@hathway.com; abdsad@airtelmail.in; anildivan@gmail.com; rkpslaw@hotmail.com; kkvenu@vsnl.com; adesai@vsnl.com; pprao@airtelmail.in; vrreddy@vsnl.com; guptadp@vsnl.com; knbhat@hotmail.com; knbhat@yahoo.com; knbhat@gmail.com; shidesai@sancharnet.in; shidesai@rediffmail.com; lbhasin@gmail.com; lbhasin@vsnl.com; prashant.kpalegal@gmail.com; kpalegal@vsnl.net; yakeshanand@gmail.com; yakeshanand@yahoo.com; contact@drabhisheksinghvi.com; a.singhvi@sansad.nic.in; neelam.dhawan@hp.com; kapilsibal@hotmail.com; kapil@kapilsibal.com; rahul.matthan@trilegal.com; amankumar.singh@gov.in; sunil@cis-india.org; nimita@cis-india.org; pranesh@cis-india.org; saikat@cis-india.org; sumandro@cis-india.org; ajay@cis-india.org; nehaa@cis-india.org; anubha@cis-india.org; rohini@cis-india.org; vidushi@cis-india.org; vanya@cis-india.org; amber@cis-india.org; japreet@cis-india.org; udbhav@cis-india.org; sneha@cis-india.org; zeenab@cis-india.org; hcp@recruitguru.com
Subject: RE: RIGHT TO PRIVACY ?

Supreme may Propose : Technology will Dispose

==============

Last week , I sent following emails to the Supreme Court [ SupremeCourt@nic.in ] :

· Privacy ? Perish the Thought ! ( 19 July )

https://myblogepage.blogspot.in/2017/07/privacy-parish-thought.html

#RighttoPrivacy ! Thank You Your Honors ! ( 20 July )

https://myblogepage.blogspot.in/2017/07/right-to-privacy-thank-you-your-honours.html

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 !

https://myblogepage.blogspot.in/2016/08/help-please-rescue-me.html

· 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 :

Fast Forward to Future

https://myblogepage.blogspot.in/2016/10/fast-forward-to-future-3-f.html

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

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 22 July 2017 16:44
To: supremecourt@nic.in; ecommittee@indianjudiciary.gov.in
Cc: info@lawleader.in; ili@ili.ac.in; secretary@scbaindia.org; nalsa-dla@nic.in; nalsa1987@gmail.com; sclsc@nic.in; vidhi@vidhilegalpolicy.in; arghya.sengupta@gmail.com; sanjayfcs@gmail.com; indira@giasdl01.vsnl.net.in; indirajaising@gmail.com; officemail@ipcs.org; office@bjpanda.org; akumar@del2.vsnl.net.in; kumarashwini52@gmail.com; hcp@recruitguru.com
Subject: RE: RIGHT TO PRIVACY ?

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 85^th 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 “

· ARIHANT will ensure the survival of HUMANITY

https://myblogepage.blogspot.com/2016/10/fast-forward-to-future-3-f.html

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

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 20 July 2017 11:00
To: supremecourt@nic.in; ecommittee@indianjudiciary.gov.in
Cc: info@lawleader.in; ili@ili.ac.in; secretary@scbaindia.org; nalsa-dla@nic.in; nalsa1987@gmail.com; sclsc@nic.in; vidhi@vidhilegalpolicy.in; arghya.sengupta@gmail.com; sanjayfcs@gmail.com; indira@giasdl01.vsnl.net.in; indirajaising@gmail.com; officemail@ipcs.org; office@bjpanda.org; akumar@del2.vsnl.net.in; kumarashwini52@gmail.com; hcp@recruitguru.com
Subject: RIGHT TO PRIVACY ?

#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 .

Privacy ? Parish the Thought !

https://myblogepage.blogspot.in/2017/07/privacy-parish-thought.html

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

Warm Regards,

Hemen Parekh

+91 98675 50808

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 19 July 2017 10:37
To: supremecourt@nic.in; ecommittee@indianjudiciary.gov.in
Cc: info@lawleader.in; ili@ili.ac.in; secretary@scbaindia.org; nalsa-dla@nic.in; nalsa1987@gmail.com; sclsc@nic.in; vidhi@vidhilegalpolicy.in; arghya.sengupta@gmail.com; sanjayfcs@gmail.com; hcp@recruitguru.com
Subject: TRANSCENDING CONSTITUTION ?

Privacy ? Parish the Thought !

==============

Following is an extract from ( Economic Times / 18 July ) :

Vidhi to help in Data Shield Law

· MEITY ( Ministry of Electronics and IT ) , is working on drafting a law on Data Protection

· In this , it is being helped by Vidhi Centre for Legal Policy [ arghya.sengupta@gmail.com / vidhi@vidhilegalpolicy.in ]

· MEITY will also seek help from eminent jurists and lawyers of the country

· There will be a larger stake-holder discussion exercise after release of the first draft

· Arghya Sengupta ( Founder of Vidhi ) said :

“ Aadhaar is only one part of this eco-system which is admittedly becoming larger

There is an issue with regard to what the private operators are doing with the citizens’ data , every time people sign onto an app and it asks for multiple permissions to access photos etc

I have little hesitation in admitting that successive generations will possibly think that we were fools that every time we downloaded an application, we signed away our rights

So , there is a larger question which is not just an Aadhaar related question but in terms of who owns our data and what happens with personal data that is shared

That is the framework that we need and that’s essential the need of the hour

Be it Governments, individuals or any private entity – any entity that processes large data should have some obligation with respect to data handling

The legislation should have rules pertaining to obligation of data handlers , ways of collection of data , its use , and do’s and don’ts for any kind of onward sharing “

MY TAKE :

· In the drafting team , besides Jurists and Lawyers , include some Data Scientists

· Get this team to agree on the definitions / meanings of the following TERMS , before releasing of that FIRST draft :

# Private

# Data

# App

# Permission

# Access

# Download

# Sign

# Rights

# Own

# Personal

# Share

# Entity

# Processing

# Obligation

# Handling

# Collection

# Use

· Already the line delimiting the HARDWARE from SOFTWARE is getting blurred ( eg : storing data in DNA or STEM CELLS )

· Technology has ( almost ) evolved to the point where there is NO NEED to ask any PERMISSION from anyone ( who is creating – processing – handling etc of data ).

Any device that you carry or wear , will automatically transmit your every single THOUGHT to a CENTRAL SERVER !

And that ARIHANT will also SAVE the humanity from Artificial Intelligence !

· Under Internet of Things ( IoT ) , each living human will get assigned 50,000 TRILLION , unique IP Addresses , under IP V 6.0 ( including for that packet of food we eat and that bottle of water we drink ! ) – that is 10 BILLION IP addresses for each hair on our bodies !

· We will be “ Watched / Measured / Imaged / Listened to / Analysed / Administered / Governed “ , every second of our lives ( - and no one will even ask for any permission ! )

Anyone wearing an AR / VR device ( which will be everyone ! ) , will know who we are and what we are doing , at ANY MOMENT !

· The Omnipresent CLOUD will tell us , what we should NEED and what we should DESIRE and where we should TRAVEL and what we should SEE ! May be , even how long we should LIVE !

A 9 Judge bench of the Supreme Court [ supremecourt@nic.in ] , has been set up to decide whether “ Right to Privacy “ is ( or is not ) , a Constitutional Right of Indian citizens

I urge the Hon Judges to invite some eminent “ DATA SCIENTISTS “ for deposing their technical views on this subject , before passing their order

After reading my following blogs , Hon Judges might want to ask them :

“ Will technology render India’s Constitution , irrelevant ? If yes , how soon ? “

· Fast Forward to Future [ F 3 ]

https://myblogepage.blogspot.in/2016/10/fast-forward-to-future-3-f.html

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· AI : Brahma , Vishnu or Mahesh ?

https://myblogepage.blogspot.in/2017/06/in-hindu-mythology-brahma-creator.html

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· Between DEEP MIND and Deep Sea ?

https://myblogepage.blogspot.in/2017/02/between-deepmind-and-deep-sea.html

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