The Indian government started pushing for a dedicated cyber surveillance body after the northeast India riots in 2012 that were abetted by false information published on the internet. The increasing use of internet services by terrorist groups is another factor that added impetus to this goal. The Central Monitoring system (CMS) launched in April 2013 is a consequence of these efforts.
If CMS will help secure our nation, why is there a furor against it? It’s because contrary to assurances of government participants, the agency has gone live before the establishment of citizens’ privacy rights and content monitoring guidelines for the agency itself. CMS has become immediately functional without any apparent regulatory control.
The whole “push it out quickly” project stinks of tyranny.
Background
Surveillance systems are not new to India or the world at large. USA and UK have strong cyber surveillance systems. India’s own Information Technology Amendment Act 2008 enables e-surveillance. In fact, after the 26/11 Mumbai attack in 2009, the government set up a CMS to monitor communications on internet, mobiles, and landline phones to enable instant interception of suspicious conversations.
The new CMS though is more totalitarian, covering surveillance of all internet communications in the public domain including SMS, email, voice calls, MMS, fax communications to landlines, CDMA, video calls, GSM and 3G networks without the intervention of telecom providers. The estimated cost of CMS to the exchequer is approximately ₹4 billion.
Other agencies that will have access to the CMS include the Research and Analysis Wing (RAW), Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Central Board of Direct Taxes (CBDT), Narcotics Control Bureau, and Enforcement Directorate (ED).
Though there is talk of surveillance in the public domain, it’s obvious that real troublemakers will not announce their plans to the public at large via any communication channel. If the ultimate goal of CMS is to tackle crime and terrorism and prevent public disorder, Indian law enforcement agencies will need to delve into private communications. And they certainly have the technological means to do it. This means all of us are exposed.
Now, surveillance of private online communications is not a threat in itself. Sure, it’s an uncomfortable thought, even a little scary but not really a peril. What makes is dangerous though is the lack of clearly outlined privacy rights for Indian citizens. That’s seriously worrying.
Privacy & Abuse
November 2012 was when two girls were arrested in Mumbai for expressing their personal opinion on the bandh following Bal Thackeray’s death on their personal Facebook wall. One of them had merely liked the other’s post. That’s the kind of abuse and coercive control every free Indian citizen is anxious about.
The government has done little to allay these fears as there is very little information available on:
- which agencies will have access to the CMS
- what data will be shared with third parties and under what conditions
- who will authorize surveillance
- what kind of content is liable to be regulated and for how long
- the structure and process for such regulation
- whether users have the right to be informed about the surveillance
- policies ensuring the protection of stored private data
- the legal rights of citizens in case of privacy abuse
- laws protecting citizen’s freedom of expression
- data protection and privacy laws
- Constitutional Lawful Interception Law
“The Indian government’s centralized monitoring is chilling, given its reckless and irresponsible use of the sedition and internet laws,” said Cynthia Wong, senior internet researcher at Human Rights Watch in a press note published by Times of India. She points out that new surveillance systems have been used around the world to target critics, journalists, and human rights activists.
Is it worth it?
In the interest of safeguarding the country’s security, cyber surveillance is not an unwarranted measure. But without strong laws in place that protect the constitutional rights of citizens, it could easily become a stranglehold on our freedom of speech. Without regulatory policies, CMS could turn into a violator of human rights.
Despite shocking incidents of high-handedness by authorities and misuse of their power, the government has pushed out CMS without adequate groundwork. While the half baked approach is nothing new, it is a poor reflection of the government’s sensitivity towards people’s basic rights and a big blotch on India’s democracy.
