Category Archives: E-Surveillance In India

Lawful Interception In India Missing

Lawful interception of Internet, mobile and other
technology related communications is a big challenge for Indian
government. Indian government is trying to do the same that can best
serve its interests. However, in its zest to ensure technology
communication interceptions in India, Indian government is landing up
in doing “unlawful interceptions”.

The lawful
interception law is needed in

Mobile Phone Laws In India Required

With the active use of mobile phones in India, dedicated cell phone laws in India and mobile phone laws in India are urgently required. Further, we must also ensure mobile cyber security in India and mobile banking cyber security in India. Even Reserve Bank of India (RBI) has warned Indian banks for inadequate cyber security adoption. Despites these pressing requirements neither mobile phone laws nor mobile phone security has been ensured in India.

Mobile phones are increasingly being used for multi purpose in India. However, legal framework for mobile phones in India is still missing. Some provisions can be made applicable to mobiles in India through the information technology act 2000 (IT Act 2000) but we still do not have a dedicated mobile phone laws in India.

The Department of Telecommunication (DoT) has proposed a new national telecom policy of India 2011 that would be operational very soon. The new telecom policies as well as other projects of Indian government and DoT are excessively favouring e-surveillance in India and surveillance of Internet traffic in India. We need a legally valid e-surveillance policy of India to address these issues. Otherwise, it would violate human rights protection in cyberspace.

The proposal to allow DoT to monitor cell phone locations in India is also a controversial issue. Big brother must not overstep its limits in India. The proposed cell site based e-surveillance in India has crossed this limit well beyond those permitted by Indian Constitution.

We must have well defined procedure and cell site data location laws in India. As we have no dedicated privacy laws, data protection laws, data security laws, anti telemarketing laws, anti spam laws, etc, mobile phones monitoring in India is not legally sustainable.

Even the proposed central monitoring system (CMS) project of India is not legitimate and legally sustainable as there is no legal framework that justifies its operation in India. Currently there is no phone tapping law in India that is constitutionally sound and we urgently need a lawful interception law in India. Similarly, the colonial phone tapping laws of India must be repealed and new and constitutionally sound phone tapping laws in India must be formulated.

The mobile phone laws of India must cover all these issues that are presently left unaddressed. In the absence of such laws, mobile phone data analysis, mobile phone location tracking, mobile phone tapping in India, etc are illegal and unconstitutional.

Cell Phone Laws In India

Legal enablement of ICT systems in India is posing big challenge before India. Cell phone laws in India are just one of the examples of such legal enablement. Although we have a cyber law for India yet we have no dedicated mobile phone law and mobile phone laws in India are needed. Similarly, efforts must also be made to strengthen the mobile cyber security in India.With the launch of projects

Mobile Phone Laws In India Needed

In this column, Mr. B.S.Dalal, Partner of India’s exclusive techno legal ICT law firm Perry4Law, has shared his views about the requirements of enacting mobile phone laws in India.We have no dedicated cell phone laws in India. Further, we do not have a robust mobile cyber security in India. In this background, absence of a dedicated mobile phone law in India is not a good sign.Mobile phones are

Phone Tapping Law In India

Phone tapping laws in India is in real bad shape. Rather, it cannot be properly termed as a valid and constitutional phone tapping law. The Indian telegraph act 1885 carries few provisions under which the Indian government and its agencies can tap phones in India.However, these provisions and outdated law are clearly in violation of constitutional provisions and constitutional safeguards. As on

Abuse Of State Secrecy And National Security: Obstacles To Parliamentary And Judicial Scrutiny Of Human Rights Violations

The Council of Europe has issued many important and far reaching resolutions and notifications in the year 2011. One such important resolution is titled as abuse of state secrecy and national security: obstacles to parliamentary and judicial scrutiny of human rights violations. This is in addition to the concerns shown by the European Council regarding cyber attacks and political pressures upon

Indian Research And Analysis Wing (RAW) Granted E-Surveillance Powers

Indian government is in controversies these days. Controversial functions like e-surveillance in India, websites blocking in India, Internet censorship in India, etc are performed by Indian government and its agencies without any procedural and constitutional safeguards and without any constitutionally sound legal framework supporting these functions.India does not have a constitutionally sound

Intelligence Gathering In India Is Unconstitutional

Intelligence gathering and fighting terrorism are essential national security and sovereign functions. They cannot be equated at par with other governmental functions. That is the reason why every country provides some extra protection and immunity from public scrutiny to such functions.None can doubt that Indian counter terrorism capabilities need rejuvenation. We have an obvious but

Cyber Law On Social Media And Networking Sites In India

Social media and networking sites have a crucial role to play. Now even governments across the world acknowledge this importance of social media websites. India is one such country that is currently trying to deal with social media sites. However, we have no dedicated social media laws in India. It has even been reported that guidelines for social media contents monitoring in India would be

Internet Censorship In India

Internet in India is under potential threat of censorship and e-surveillance. Internet censorship in India has increased a lot. Similarly, e-surveillance in India has also increased to intolerable limits.India has a draconian but cyber criminals’ friendly cyber law in the form of information technology act, 2000 (IT Act 2000). It was amended in 2008 to confer unregulated e-surveillance, Internet

Surveillance of Internet Traffic In India

E-surveillance in India is no more a secret as Indian government is openly engaging in e-surveillance activities. This is despite the fact that an unregulated and unguided e-surveillance is violating the civil liberties protection in cyberspace in India.Now e-surveillance is proposed to be expanded to even mobile infrastructure. The cell site location based e-surveillance in India is also in

Yahoo Took Indian Government To Court Over E-Surveillance

E-surveillance in India has become a big nuisance for intermediaries like internet service providers (ISPs), e-commerce sites, search engines, e-mail providers, etc. The liability of Internet intermediaries for copyright violations is also well known that has further increased the troubles of intermediaries in India.Intermediaries liability for cyber law due diligence in India has become very

Jeff Radebe Denies Regulation Of Blackberry’s Messenger Services In South Africa

Research in Motion’s (RIM) Blackberry Service is under fire and facing E-Surveillance Regulations in various Nations. Of course, this is a “gross lack of understanding” of Technology and a “futile exercise” to control the same.India is one such Nations that believe that E-Surveillance is better than and a substitute of Cyber Security. India seems to be a country that believes that an Internet

Microsoft And Skype Are Playing Lawful Interception Card

World over Lawful Interception Laws are cited as the reason for E-Surveillance and Eavesdropping. However, almost all of these so called Lawful Interception Laws are themselves “Unconstitutional”.Take the example of Indian Cyber Law the Information Technology Act 2000 (IT Act 2000) that carries many draconian E-Surveillance provisions without any “Procedural Safeguards”. These provisions and laws

Cyber Laws All Over The World Are Becoming Unreasonable And Oppressive

Cyber Laws all over the World are intentionally designed to violate civil rights like privacy, speech and expression, etc. They are also intentionally formulated to facilitate “Internet Censorship” and “E-Surveillance” beyond the legitimate limits of “National Security”. This approach is more dangerous and is detrimental to the national security in the long run.The Google’s episode regarding