Emails (Others): Surveillance : make it a “ Compromise Issue “ ?

Wednesday 25 October 2023

Surveillance : make it a “ Compromise Issue “ ?

Context :

Supreme Court Pegasus panel invites public views on legal measures on surveillance and Privacy Invasion

( 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

individual concerned

# 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

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 !

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