294 - 757 - Methods of defeating Indian E-Surveillance - Techno Legal news

Posted on October 22nds 2010
By Pritesh N Munjal

Those who are opposed to the Orwellian nature of Indian government must not sit idle but do as much as possible to reclaim their civil liberties. For instance, Indians can use self defence methods to defeat e-surveillance of Internet, e-mails, telephone conversations, instant messaging, etc by Indian government and its agencies.

Similarly, those who are not comfortable with the Aadhar project or UID project of India and its dubious management by the Nandan Nilekani led unique identification authority of India (UIDAI), must restrain from giving their biometric details.

As far as Blackberry services in India are concerned, it is quiet doubtful that Blackberry would fight for the human rights and civil liberties of Indians in Indian cyberspace. The only initiative in this regard in India seems to be managed by Praveen Dalal under the banner of protecting human rights in Indian cyberspace (HRPIC).

Fortunately, another good initiative in this regard has been launched in the form of RIM Check project. This project would analyse the data leaving Blackberry devices for e-surveillance and other civil liberty violations.

Meanwhile, the Indian government has decided to follow the footsteps of its Chinese counterpart. India is planning to control Indian portion of Internet and looking forward for a “kill switch” type option. Under this option, the Indian government and its agencies can cut off all Internet services during emergencies.

The times to come would be really challenging for human rights activists but the battle between e-surveillance and civil liberties would keep on going.

259 - Human Rights Protection In Indian Cyberspace - Techno Legal News

Posted on 6th October, 2010 by Baljeet Singh

In this Guest Column, Praveen Dalal has analysed the sardonic state of civil liberties in India. As a part of his Protecting Human Rights in Cyberspace initiative, he has started a series that would provide techno legal solutions against illegal and unconstitutional e-surveillance and privacy violations.

The crucial balance and equilibrium proposed by the founding fathers of Indian Constitution has been disturbed by the Executive branch of Indian Constitution. The Executive branch has totally hijacked the Parliamentary Role and is implementing Projects having “Constitutional Implications” without any “Parliamentary Approval”.

If Projects that violate the basic Human Rights and Civil Liberties like Right to Privacy are implemented without any Law and Parliamentary approval, the role of Parliament in Indian Constitution is highly debatable.

For instance, purely E-Surveillance Projects like Aadhar/UID Project, NATGRID, CCTNS, etc have far reaching and adverse consequences for the Fundamental Rights of Indians. Still the Executive did not find it fit to enact suitable laws and provide adequate safeguards against the same.

Further, “Unconstitutional Authorities” like the Unique Identification Authority of India (UIDAI), etc are also operating without any accountability, transparency and legal authority. Further, there is also no “Parliamentary Scrutiny” of these authorities.

With the passing of the Information Technology Amendment Act 2008 (IT Act 2008), the Cyber Law of India has been made an instrumentality of illegal, unaccountable and Unconstitutional e-surveillance in India. With massive phone taping and e-surveillance history of India, conferring such a power in the hands of Executive and its Agencies is really troublesome. In this scenario, only “Outlaws” would have Human Rights in Indian Cyberspace.

India also does not have any dedicated Privacy Law and Data Protection Law. With the proposed use of Cloud Computing and Software as a Service (SaaS) by Indian Government, more “Privacy Violations” issues would arise in future. This is more so when Indian Government cannot even curb the highly nuisance creating Telemarketing vice in India.

I firmly believe that Indian Government is not going to change its stand and we have to preserve and protect our Civil Liberties ourselves. That is why I dedicated a resource titled “Protecting Human Rights in Cyberspace” (PHRIC) to suggest “Techno-Legal Measure” in this regard.

Now with this series, I would discuss the available “Techno-Legal Measures” to defeat illegal and Unconstitutional e-surveillance by Governmental Authorities and Agencies as well as by Private Individuals. Of course, these measures are available against illegal and unconstitutional acts or omissions alone and are not available against “Lawful Interceptions” and other e-surveillance activities authorised by a proper Court of Law. A background articles for safeguarding against illegal eavesdropping and sniffing has already been provided by me and more in this regard would be discussed subsequently.

243 - adhar And UIDAI Are Fraud On Constitution Says Praveen Dalal - Techno Legal news

Posted on September 29, 2010 by Gunjan Singh

An initiative by a single person can transform into a mass action and people’s movement. The same happened in the case of Aadhar project of India or UID Project of India. Aadhar was formerly known as unique identification project of India. It is managed by Nandan Nilekani through unique identification authority of India (UIDAI).

Praveen Dalal has been the first and foremost opposer of Aadhar project and he expressed his concerns by providing the civil liberties aspects of Aadhar project. He maintains that civil liberties of Indians in cyberspace have been outlawed by converting the sole cyber law of India into an endemic e-surveillance code.

Since the Indian government is well committed to impose illegal and unconstitutional projects like Aadhar, Natgrid, CCTNS, etc, Praveen Dalal launched the exclusive civil liberties protection initiatives in cyberspace in India.

When asked about the rationale for the same, he informs that there has been a disturbing trend in India of imposing unconstitutional projects upon Indians by Executive with great disregard to the Indian Constitution.

In fact, projects like Aadhar, Natgrid, CCTNS, etc are “Fraud upon the Indian Constitution” where limited and regulated Executive powers have been transformed into absolute powers by the Executive. The role of Parliament has been completely ignored and eliminated in an Anti National manner by the Congress led government, warns Praveen Dalal.

It seems time has come to say no to the Aadhar project and UIDAI and put collective pressure upon the Congress led government to scrap anti national projects like Aadhar, Natgrid, CCTNS, etc.