CMS
Govt new initiative CMS @cyber security policy
1. Centre plan to set A new dept. Telecom Security Directorate & C-DoT (Centre for Development of Telematics) in its boarder security strategy to set institutional framework of technical manpower to tackle telecom security related issues with Huawei & ZTE Also a Centralized Monitoring sys (CMS) for lawful interception & monitor telephone & internet services, can use IRI (intercept related info) from all GSM/CDMA mobiles, govt say it have PRISM like lethal
2. The new setup of govt UID & "Central Monitoring Sys" = loss of freedom
3. As CMS = gather diverse range of analog & digital info, telephone record, text message, internet traffic. total surveillance it forced people to behave "differently", as people live in fever, problem is not in that sys is not perfect,
4. Now transferable fingerprint, iris = no foolproof,
5. another thing = when we centralize some thing, we are creating a place for attacker to access control on society
6. Also a work done for general purpose is not confirming security level difficult to protect it may be used by any terror group
7. "Dragnet ( = drag + net =mayajaal = sys to capture criminal) surveillance" = tyranny sorts
8. Example :
* Germany Nazi : know by punching card machine that how much jews lived in particular society total watch
* You can easily extrapolate situation of India in above context in context of caste sys
9. In theory : internet =freedom, but by this way it fucks our freedom,
* People will fearing when they call anyone to say something,
10. It even go beyond "meta data"
1. Currently 2 major spying agency : IB&RAW, + 7 other: CBI, Narcotic control bureau, CBDT, DRI( directorate of revenue intelligence ), National drug controller, NIA, military of intelligence in Assam & JK & home ministry are eligible to intercept calls under, SC guideline @The Indian Telegraph Act, '85 Rule419(A),
Tussle start b/w
Govt agencyActivists
For better faster real-time interception, surveillance & monitor mechanism improve security, & anti-terrorDemand for privacy, civil right, free speech to ensure higher privacy
1. India = 900m mobile, 160m internet, 85m on social network, all expected 2x@'15
2. PRISM revelation fill new color to debate,
3. Some facts, very little info available about CMS & its work procedure, privacy safeguard @ public domain,
4. Its a fashion of govts worldwide to keep surveillance info secret India continues trend
5. Key unanswered issue : the depth of surveillance " instant, real time, deep searching" no debate in parli, or outside that whether a red line which govt not cross
6. Further no info on safeguard whether info used for political authority esp "judge, opposition leader, editor, regulator, advocates, vigilance official Corporate CEO etc.
7. No info on how agency use that lethal technological info for security of citizens,
8. Can any prowess (Art) used against any citizen / no rule of law / clearance needed, who decide authorization & correctness of info access, esp when they access by bureaucrats when they report to politicians
Legal infirmity()
1. Existing law=@interception, but CMS expand to "meta data" incl. CDR(call detail record), but there use is not defined in existing laws
2. Provision of authorization of intercept
* @sec5(2) @ the Indian Telegraph Act 1885,
* @sec 419(A)The Indian Telegraph Rules '51
* @sec 69 if IT Act 2000
* IT (direction for interception / monitoring / decryption of information Rules ) 2009
3. "the Right to privacy" on other hand protected under
* CoI Art 21 - Right to life
* CoI Art 19(1)(a) -- Right to freedom to speech & expression
* But consi validity of interception is upheld by SC@sec5(2) @ the Indian Telegraph & SC laid down five guideline to narrowing interception
* National sovereignty & integrity
* State security
* Friendly relation with foreign state
* Public order,
* preventing incitement () of commission of offence,
4. @above "public order" & "Prevention." are sufficiently vague / broad enough (although weak) for security agency to put any authorization request for interception, raise question "can prevention of crime leave open doors to any agency to get permission to intercept any citizen" even without proof, as authorization not given by judge, can who make decision have judicial expertise to make legally valid decision, so what if surveillance is extra-judicial how it will be uncovered
5. Now question about mismatch b/w : privacy legislation & lethal forensic surveillance capability arise,
6. Further @ CMS interception done instantly, where @ current law it take home ministry permission to intercept anyone, if necessary it = max 7days, if got permission = valid for 60days , renewed upto only 180 days, can a lower level officer permission sufficient to begin surveillance,
7. UN recommends that : surveillance must be under independent judicial authority & legislative control,
1. @CMS govt official authorize interception, although some official review but it remain upto govt only, what a guarantee that such permission is rigorously follow there deserve-ness , Or may not misused by govt official as they always under-cover with govt, that it even not reveal by RTI, ( grant exemption under section 8 of RTI Act ) how mistake corrected & misuse prevented
1. A big question=
* Who under govt access all IRI (intercept related info), Call Content (CC), & CRDs, how long info kept with govt, procedure of safe keeping, with a track record of tape leaking, now till date even a single official found guilty,
* Can any mechanism that tell "innocent targets" that they are under surveillance,
* Privacy issue = serious, within/outside India, can govt give bill to early for debate or choose track two of ordinance,
* Also think that SC had to review its guideline which came when <1m mobile & no internet user
1. National Nodal agency also built to control all over India charge:@strategic, military, govt, business, all assets
India buying much new m/c to do surveillance, a war b/w counter-terror & civil-liberty
1. This list have cell phone snooping, which extract all iphone info incl. encrypted backups, they can easily bypass passwords,
1. Many people say govt already do surveillance via CMS's LIM(lawful interception & monitoring) By C-DoT(center of devp of telematics)
NCTC
* Debate @3500cr NCTC, got extreme view @both sided, while chindu@2009 go to US to study there NCTC he say it was under dept of Homeland Security but really it was under director of Nat intelligence till date dispute is there, although they have CTC@CIA.
What US NCTC says
* There is Gilmore commission start work@1999, until 9/11 they say to provide for three tier inter-Agency Group then 9/11 commission suggest create director of Nat. intelligence-a 16 member committee to solve dispute b/w agencies
* no resulting cases are given+ not directed by directly white house like NSC, they are totally do independent investigation on local info bases
But our sys is likely to be based on UK JTAC(joint Terrorism Analysis Cen ) under MI-5 (IB's counterpart)based on Chindu visit to UK @2010
by Indrajeet Singh
