Industry wants Central Portal for Law Enforcement Agencies
Dear Shri Gaurav Mitraji
( Vice President – IAMAI / gaurav@iamai.in ) :
Whereas IAMAI request to the Central Government, is absolutely fair and justified, it would help the concerned Government Officers ( in charge of framing / drafting revised SOP ), to quickly announce the SOP, if IAMAI request were to be SHARP and SPECIFIC , as outlined below
As far as the importance of SPECIFICS is concerned, no one is better aware than our new IT Minister, Shri Ashwini Vaishnawji (av.odisha@sansad.nic.in )
with regards,
hemen parekh / hcp@RecruitGuru.com / 22 July 2021
==============================
Context :
Govt likely to issue clarifications on India IT rules, officials say / Eco Times / 22 July 2021
My Take :
Some 30 MONTHS ago, I had suggested some SOP ( Standard Operating Procedure ) in this regard. Following is a comparison
Topic | My Suggestion as per : Who watches the Watchmen ?[ 12 Jan 2019 ]
| As reported in above news report of Eco Times
( 22 July 21 ) |
|
|
|
Portal |
In my proposed portal
( www.IndiaDataCustodian.gov.
provide following sections :
# SURVEILLANCE REQUEST
# SURVEILLANCE HISTORY |
The Social Media and tech industry has requested the Government to institute
a CENTRAL PORTAL
or establish,
a COMMON E-MAIL ADDRESS,
through which official requests for content takedown, or FURTHER INFORMATION can be sent
|
|
|
|
Compromise Solution |
# 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
|
SOPs are to help industry comply with the IT rules, will not change key provisions
Will define PROCEDURE for Law Enforcement Agencies to,
# Get access to Information
OR,
# Ask for content takedown from Social Media platforms
|
|
|
|
Submission of Request in
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
|
The Standard Operating Procedure ( SOP ) being discussed will provide:
# Details on the procedure to issue notices
# WHO can issue ( notices ) and HOW ( it ) will be implemented
The SOP will explain the PROCEDURE to be followed for getting information or cooperation from the INTERMEDIARY
Technology executives have decried the lack of a FORMAL PROCEDURE in place for Law Agencies to send Takedown Requests
|
|
|
|
Reason for the proposed surveillance |
Requester to select 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 /
· # Fake News / Pornographic content posting
· # Speeches / articles likely to create enmity among people
|
In a representation to the government in April, the Internet and Mobile Association of India ( IAMAI ) said :
“ We recommend that State Governments should NOT be able to compel content takedowns, and similar compliance obligations under the IT Act
This power should rest solely with the CENTRAL GOVERNMENT as contemplated in the IT Act “ |
|
|
|
Online Authorization |
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
|
IAMAI – whose members include large technology corporations and social intermediary platforms – had also requested,
# a detailed SOP to be published , and
# to be adopted by Law Enforcement Agencies
It had sought ;
# the definition of OPERATIONAL PROCESSES
# the various POINTS of CONTACTS
# the expectation from the social media intermediaries in terms of responses
“ Until such time a SOP is in place, any operational changes by the intermediaries, may not be possible “ , it had noted
|
|
|
|
Alerting Person being surveyed |
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
|
|
|
|
|
Rights of person being surveyed |
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
|
|
|
|
|
If a court-case gets filed by the Govt against the person surveyed, his “ right to access evidence “ |
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
|
|
|
|
|
Advantages of 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 !
|
No comments:
Post a Comment