Self Defence In Indian Cyberspace

In the present e-surveillance scenario of India, at least two things are very clear. First is that the Government of India is not going to enact any law(s) regarding Data Protection and Privacy Protection in India. This is because the moment it enacts these laws, it cannot engage in illegal and “Unconstitutional” e-surveillance activities as it has been doing presently. The second is that it would further increase its e-surveillance activities in the near future with Projects like Aadhar/UID Project, NATGRID, CCTNS, etc.

Now the service providers like ISPs, Telecom companies, Google/Gmail, Skype, Blackberry, etc have to either accept the Indian Government’s demands or they must cease to carry on their operations in India. Obviously, all of them have accepted the first choice and are “Cooperating” with Indian Government.

India does not have any “Lawful Interception Law”. All it has is the “Unconstitutional” provisions of the Information Technology Act 2000 (through IT Act 2008 Amendments). Through these amendments, the Cyber Law of India has been made an “Instrumentality” of e-surveillance in India. There are no procedural safeguards that can prevent the illegal and unconstitutional e-surveillance activities in India.

The only recourse for Indians in such circumstances is to use “Self Defence” and prevent the illegal and unconstitutional encroachment upon their “Civil Liberties” like Right to Privacy. You can do the following:

(1) Use disposable e-mails to avoid e-mail surveillance,

(2) Use Safeguards like TOR against illegal Internet eavesdropping and sniffing

(3) Use TOR for instant messaging (IM) and mobile phones for private and secure conversations,

(4) For Blackberry users and those believing in a good combination of Privacy and Security, use Pretty Good Privacy (PGP) along with any good smart phone. This way you can have a better and e-surveillance free mobile infrastructure than the future controversial Blackberry phones.

(5) Use Enigmail for encrypted e-mails,

(6) For card holders, do not give your “Biometric Details” to Unique Identification Authority of India (UIDAI). This way your private and crucial details cannot be used for “Unconstitutional Projects Databases” like NATGRID, AADHAR, CCTNS, etc.

These are just “Basic Level Safeguards” and much more are possible and would be discussed subsequently.

Protecting Civil Liberties In Indian Cyberspace

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.

Aadhar Project And UIDAI Must Be Scrapped

Till now it is absolutely clear that the proposed Aadhar Project of India or Unique Identification Project of India (UID Project of India) has no developmental or welfare oriented interests and intentions. The proposed Aadhar Project aims to benefit few selected IT Companies by allotting them the tenders and contracts to implement the Aadhar Project.

This seems to be another “Backdoor Method” of illegally distributing hard earned Public Money through governmental machinery. Surprisingly the opposition parties like BJP are playing deaf and dumb game and are silent on crucial issues like corruption, misappropriation of public money, violation of civil liberties like privacy rights of Indians, illegal and excessive e-surveillance, etc.

In a democratic and Parliamentary form of Government, opposition plays a pro active and constructive role. BJP and similar parties have drastically failed to fulfill this role and the Congress Party is having a clear and unfettered say for illegal and Unconstitutional Projects like Aadhar, NATGRID, CCTNS, etc.

The Nandan Nilekani led Unique Identification Authority of India (UIDAI) and Aadhar Project must be scrapped immediately till proper laws and adequate safeguards are at place. India does not have either Privacy Law or Data Protection Law.

If the Government of India keeps on imposing these sorts of illegal and Unconstitutional Projects upon us, we must take immediate steps to make them redundant. Let us start by saying no to the UID Cards and restrain from giving our Biometric Details.

Congress Government Of India Is Taking Anti National Steps

The Commonwealth Games debacle is not yet over and the Congress led government is about to commit another blunder. It seems Congress has lost all its control over its Ministers who are blatantly engaging in corrupt practices and maladministration.

Firstly, it was the spectrum scam now it is the commonwealth organizing committee that is clearly and unambiguously involved in corrupt practices.

Prime Minister Manmohan Singh and Sonia Gandhi are looking helplessly, even if they are not involved in these corrupt practices that have brought great disgrace to India. Surprisingly, they have not learnt any lesson from their past mistakes and inactions. Now the duo of Manmohan Singh and Sonia Gandhi are extending their support for another Anti National Project named as Aadhar Project of India or UID Project of India.

Both Aadhar Project and UIDAI are unconstitutional project and unconstitutional authority. Neither the Aadhar Project nor the UIDAI are governed by any Legal Framework nor are they under Parliamentary Scrutiny.

The Union Cabinet has casually granted its approval to the National Identification Authority of India Bill 2010 (NIDAI Bill 2010) with great disregard to the Civil liberties of Indians, especially Privacy Rights of Indians. Even after this approval, both Aadhar Project and UIDAI are still “Unconstitutional and Illegal”.

There should not be any action upon UID Cards and Aadhar Project till proper safeguards are at place. It seems the duo of Manmohan Singh and Sonia Gandhi has not considered this aspect. The “Constitutional Scheme” of Indian Constitution has kept the functions of Legislature, Executive and Judiciary separate. Yet the Executive are encroaching upon the regime of Indian Parliament and are implementing Projects and wasting crores of public money without “Parliamentary Approval”.

Under the garb of welfare scheme and development all sorts of irregularities and illegalities are given full support by the Congress led government. It is high time for the Congress to change the “Anti National Mindset” that is seriously damaging the reputation of India and faith among Indian masses.

Unconstitutional Identification Authority Of India

No time in the history of India, the civil liberties and human rights of Indians were at such a great stake. Illegal and unconstitutional projects like Aadhar project of India/UID project of India, Natgrid, CCTNS, etc have crossed all the constitutional limits and Indian citizens and Indian courts are just moot spectators.

The suo motu powers of Indian constitutional courts has all of sudden vanished and the courts are not finding anything wrong in allowing projects that have no legal framework and parliamentary scrutiny to back them up.

Take the case of the most dangerous of all these projects named as Aadhar project. It is headed by Nandan Nilekani as the head of unique identification authority of India (UIDAI).

However, it would be more appropriate to call the Aadhar project as Niraadhar (without any base) and UIDAI as “unconstitutional identification authority of India”. To start with, Indian citizens must say a firm and absolute “No” to the Aadhar project and giving away biometric details.

India does not have any dedicated data protection and privacy law. Even our basic telephone numbers are freely available to telemarketing companies. By making available all our personal details along with biometric information, we are heading towards a big trouble.

It is high time to go for a “mass boycott” of Aadhar project and force the Indian government to enact suitable privacy and data protection laws before any such project must be proceeded with.