National Counter Terrorism Centre (NCTC) Of India Got Cabinet Approval

The National Counter Terrorism Centre (NCTC) of India is a “Dream Project” of Home Minister Mr. P. Chidambaram. The NCTC Project of India is also very “Significant” for the National Security of India. Terrorist Attacks against India are on increase and we need a “Specilaised Institution” like NCTC to provide Valuable Intelligence Inputs and Leads.

According to Media Reports, the Central Government's Cabinet Committee on Security (CCS) on Thursday cleared the proposal to set up NCTC. It is expected that the NCTC may get Cabinet Approval this month. It is also expected that NCTC would be an expanded form of the Multi-Agency-centre (MAC), the Nodal Intelligence Cell under the Union Home Ministry.

NCTC would be the “Central Body” that would include, among others, the Intelligence Bureau (IB)’s MAC, Joint Intelligence Committee, National Technical Research Organisation (NTRO) and the National Security Guard. NCTC would be supported by National Intelligence Grid (NATGRID) Project, Crime and Criminal Tracking Network and System (CCTNS), etc.

Projects like NCTC, NATGRID, CCTNS, etc are Crucial for National Security of India. However, they must be “Properly Planned and Executed”. These Projects should not face the same “Fate” that the Aadhar Project of India has faced.

These Projects must be implemented with Proper Planning and Foresight. Further, a “Special Care” must be taken get “Parliamentary Oversight” for these Projects before they are made “Operational”. These Projects cannot serve their purpose if they do not defend Civil Liberties and ensure Procedural Safeguards for Protection of Human Rights in Cyberspace through a Legal Framework. For instance, Intelligence Gathering should not violate Privacy Rights of Indians.

The NCTC would be reporting to the Union Home Minister and it has been reported that it would be “Accountable to the Parliament”. Presently Intelligence Agencies of India are not governed by any Legal Framework. Even the draft Intelligence Services (Powers and Regulations) Bill 2011 has failed to become an applicable law. Strangely, even the proposed Central Bureau of Investigation Act 2010 failed to become an applicable law.

As on date, both Intelligence Agencies of India and CBI are working in India without “Constitutional Laws” governing their operations. This is a “Serious Issue” that Indian Government must resolves as soon as possible. Even for the successful operations of Projects like NCTC, NATGRID, CCTNS, such “Parliamentary Oversight” is essential. I hope Mr. P. Chidambaram would consider these issues on priority basis.

Supreme Court Of India Must Expand Privacy Rights In India

Enactment of suitable Privacy Laws in India is long overdue. However, the Government of India has not considered this issue to be important enough.This is so even if Projects like Aadhar, NATGRID, CCTNS, etc may be declared to be “Unconstitutional” by Constitutional Courts of India. The matter is pending before the Supreme Court and this occasion can be utilised by it for prescribing “Stringent and Suitable” Privacy Rights Guidelines.

Few things related to 2G Scam have happened in the right perspective so far at the Supreme Court of India. The questioning of Supreme Court regarding inaction on the part of Prime Minister’s Office (PMO) India, giving due credit to the CAG’s Report, accepting Ratan Tata’s Writ Petition regarding Privacy Rights Violation, etc are some of them.

The latest to add to this list is denial of Supreme Court to issue any “Interim Relief” in the Tata’s Writ Petition and issuing of notices to open and outlook magazines which had published contents of the alleged taped conversation.

Tata had sought an interim relief for restraining the respondents from further publication of recorded conversations between him and Radia. He also sought an Injunction that would prevent the publishing and circulation of the contents of these conversations in “Any Form”. However, is it possible and does it make any difference at this stage?

The answer seems to be in Negative although Tata may not like the same. This is because contents of conversations are already out in “Public Domain” and on multiple traditional and electronic mediums and platforms. It is not possible for the Supreme Court of India or even for the Government of India to do much at this stage and in this regard.

However, one aspect has skipped the attention of all parties to the Writ Petition and even of the Supreme Court. The sole purpose of Ratan Tata seems to be to protect “His Privacy Rights” by preventing the “Disclosure and Circulation” of conversation or communication recorded through “Surveillance Methods” of State machinery. At this stage this concern and demand seems to be “Infructuous” and “Academic Purpose” only. This is because even if Supreme Court of India provides the “Relief” that Tata is claiming “In Toto”, the “Contents” of the conversation would remain on Internet and this is next to impossible to remove.

There is a blessing in disguise in Tata’s Petition. This is a golden chance for the Supreme Court of India to analyse the “Implementation” of its decision in the PUCL case (Phone Tapping Case). The Supreme Court must “Widen” the scope of Privacy Rights in India not only in the context of Phone Tapping but in an “Overall Manner”. The Supreme Court must formulate and lay down the widest possible “Guidelines” regarding Privacy Protection in India as it has done in the Vishaka’s Case (Guidelines against Sexual Harassment).

I hope this Writ Petition by Tata would come as a rescue of Fundamental Rights in general and Right to Privacy of Indians in particular. The only question that remains to be seen is will the Supreme Court of India protect Privacy Rights of Indians at large? I am optimistic and would be glad to see this outcome.

Natgrid Project Of India Must Comply With Civil Liberties To Be Constitutional

The importance of Human Rights in Cyberspace was recently reiterated when the Cabinet Committee on Security (CCS) of India asked for further “Safeguards” before the National Intelligence Grid (NATGRID) can be launched in India. The Home Ministry has to now ensure “Adequate and Strong Safeguards” before Natgrid can be launched in India.

Human Rights Protection in Cyberspace is a tricky issue. On the one hand we have to respect the civil liberties like right to privacy, right to speech and expression, right against Internet censorship, etc whereas on the other hand we have to comply with the State’s right to regulate its citizens and territories. Here comes the real problem as Internet or cyberspace is boundary less.

The problem is not unique to India alone but is a universal problem. Whether it is the “anonymity controversy” regarding Google or recent controversy regarding “censorship” by China or the blocking of the website of zone-h.org in India or any other similar incidence, governments all over the world are unable to cope up with the present information and communication technology (ICT) systems. As a result they are superimposing the traditional concepts to cyberspace resulting in absurd results, says Praveen Dalal, leading techno-legal expert of India.

There is an emergent need to formulate good techno-legal regulation regarding human right protection in cyberspace. We cannot blindly apply the traditional concepts to cyberspace and we need a separate and dedicate branch of techno-legal laws and regulation in this regard. In the Indian context one such initiative has already been undertaken by Perry4Law.

The initiative intends to provide a techno-legal framework to the stakeholders and governments. In the Indian context, it would cover those areas that have a tendency to violate human rights in real life as well as cyberspace. Some of the areas include Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

The “suggestions” of Praveen Dalal regarding privacy protection and prevention of potential misuse of information for political ends gathered through NATGRID have already been accepted by the Cabinet Committee on Security (CCS) of India. In the end, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

Let us hope that the proposed initiative on protection of civil liberties in cyberspace would prove useful to all concerned.

SOURCE: OPEDNEWS

Cabinet Committee On Security Of India Desires Safeguards In Natgrid Project

Recently the proposal to establish national intelligence grid (NATGRID) in India was considered by Cabinet Committee on Security (CCS) of India. However, the CCS was advised in advanced by techno-legal experts like Praveen Dalal regarding the possible political misuse and violation of civil liberties of the Indian citizens. As a result, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders.

In the past Praveen Dalal has suggested that NATGRID is an essential requirement for robust and effective intelligence agencies and law enforcement functions in India. The only requirement is to ensure that its abuses can be anticipated, prevented and remedied.

The Home Ministry of India would now start fresh discussions with various stakeholders to ensure that NATGRID may not be abused in future. The task is difficult and it would be beneficial to consult good techno-legal experts in this regard.

The most important aspect that must be kept in mind by the government of India is that it must reconcile the national security aspects of India with human rights protection in cyberspace. This is a difficult task especially in the absence of a dedicate privacy law and data protection law in India, says Praveen Dalal.

A “dedicated resource” in this regard has been launched by Perry4Law [ http://perry4law.com/hr/index.html ] in this regard that may be helpful for the Indian government while implementing projects like Crime and Criminal Tracking Network & Systems (CCTNS) Project (CCTNS Project), National Intelligence Grid (NATGRID), Unique Identification Authority of India (UIDAI), National Counter Terrorism Centre (NCTC) of India, E-Surveillance under the Information Technology Act 2000 (IT Act 2000) and other laws, etc.

SOURCE: MYNEWS

NATGRID Must Be Handled Properly To Survive

NATGRID may be a good platform for India to strengthen its intelligence and law enforcement initiatives. However, it cannot survive in the absence of “Political Will” to make it an effective and responsible tool. With the benefits of NATGRID come the issues of accountability and fairness in its operation. India must formulate adequate "Safeguards" before making NATGRID functional. The NATGRID project must not die like the other projects handled by India from time to time.

National Intelligence Grid (NATGRID) is an essential requirement for robust and effective intelligence agencies and law enforcement functions in India. The only requirement is to ensure that its abuses can be anticipated, prevented and remedied, says Praveen Dalal, Managing Partner of Perry4Law and the leading Techno-Legal Expert of India.

The Ministry of Home affairs, India is managing this ambitious NATGRID project. It sent the proposal to establish NATGRID to various other allied Ministries for their suggestions. Now Ministries like external affairs, finance, defence, telecom, etc have provided their suggestions in this regard. This has paved way for the final clearance of the project.

Techno-Legal specialist Praveen Dalal informs that the aim of NATGRID is to ensure a readily available and real time information sharing platform between intelligence agencies, law enforcement agencies, etc of India. Information gathering and its timely distribution is also an essential part of “Crisis Management Strategies” of any nation. While the NATGRID system is a must for India, yet India has to make it sure that it is not abused for “Political Purposes” and in a manner that goes against the provisions of the Constitution of India.

The scope for misuse is tremendous as NATGRID is planning to link 21 categories of databases maintained by different public and private agencies for ready access by the country’s intelligence agencies. There must be “mechanism” to ensure that this wonderful system may not be abused, warns Praveen Dalal.

Since the concerned ministries have cleared the proposal the same will be now placed before the Cabinet Committee on Security (CCS) for approval. The CCS consent would be the penultimate step for the establishment of NATGRID within next two years, i.e. till 2011. It would be a good idea if the CCS “consults” experts and stakeholders before finally approving the projects, opines Praveen Dalal.

SOURCE: GROUND REPORT