E-Surveillance

Atul Arora
 Introduction
With the advancement of Technology and ease of Internet access, the condition
of various countries has changed. Crimes are now not up to assault(threat of
bodily harm that reasonably causes fear of harm in the victim) and battery(the
actual physical impact on another person). Modern Technology increasingly robs
us of our privacy. Our phones and Cellular Service Provider are tracking our
movement in the physical environment. Software and application are following
us as we move around internet. Banks and Credit Card card are compiling our
transaction history. Furthermore, now Cameras are everywhere recording our
actions in broad daylight puts and even in our own home.
Every age has its own surveillance technology, its own ways of peering into the
gloominess, Times changed though and techniques have updated. Nowadays
most communication is online and there is enormous quantity of information
and it is collected and analysed by government or even sometimes by third
party. The fact that its being confirmed that our communications were
intercepted, they were held and stored . This the matter of huge concern and the
bigger concern is that general public has absolutely no idea what was stored?
what was intercepted by the government? What did they do with it? Who did
they send it to? And are they still doing it?
 WHY E-SURVEILLANCE
The essential responsibility of “Law Enforcement Agency” is
prevention or aversion and recognition or detection of crime. In
their attempt to fight crime and keep up law and order, various
strategies for observation over suspects or known culprits have
been being used generally everywhere throughout the world.
Interception of composed and voice correspondence are widely
established techniques for surveillance . In computer age
increasing number of individuals are utilizing electronic types of
correspondence especially email. Culprits and fear based
oppressors are presently mindful that police and intelligence
agencies are tapping telephones and thus they are changing to
SMS, email, Internet talking and VoIP (voice over web).
They are additionally utilizing encryption procedures to maintain a
strategic distance from capture attempt. As of late there has been
sufficient proof to recommend that fear “terrorist groups” especially
Al-Qaeda,Hamas and Hizbolla have been utilizing encryption
techniques like steganography where a "secret message" is inserted
in a photo message and sent over web. Aum Shinri Kyo kult of
Japan,which discharged Sarin nerve gas in Tokyo metro murdering 12
individuals and harming 6000 people, had put away their
information and plans on computer using " RSA "("Rivest,Sharnir,
Adleman") encryption. Organized criminal groups, drug suppliers,
universal mafia,international tax criminals, kid pornographers and
paedophiles are broadly utilizing Computer, web and encryption
technologies. The task of law enforcement agency is getting to be
troublesome with the development and prevalent utilization of PC
and additionally simple accessibility of encryption instruments and
there is a persistent urge for e-Surveillance.
 E-Surveillance
E-Surveillance means close observation of a person or group
especially the one who are under suspicion or the act or observing or
the condition of being observed using cameras, long-range
microphones and listening devices, as well as by monitoring cell,
office and home phone services. Being a developing country, India
has brought several changes into its policies on Information
Technology and still a lot more changes needs to be done. With the
growing IT sector, surveillance technologies has also been
introduced such as CCTV surveillance, telephone and e-mail id
surveillance etc. Although, it is just a start and in future, maybe in 2-
3 year, new technologies will be introduced , which leaves us to the
question whether current Indian legal framework has provisions as
to surveillance and whether the privacy of individual in India is
secured. The project talks about different provisions under different
statutes which allow government to conduct surveillance, various
governmental bodies doing surveillance and right to privacy of
individual in India
PROJECTS OF GOVERNMENT OF
INDIA FOR SURVEILLANCE
 E-SURVEILLANCE AND ONLINE DATA PROTECTION

Internet Privacy is a very important aspect of every individual's life, because

there is ceratin information about each individual's life which cannot be
disclosed to an unknown individual. In contemporary times, there is dire
requirement for laws which provide protection to the citizens of the country
from cyber crimes, invasion of privacy which includes leakage of certain
photographs, bank account details, sending unwanted messages etc, without
the consent of the individual concerned herein.Therefore, the need for internet
privacy has evolved over the period of time. Adivision of data privacy is internet
privacy. Privacy concerns have been explained from the beginnings of large
scale computer sharing.
NEED OF DATA PROTECTION AND PRIVACY
The need been felt because of the reasons as specified underneath:
1. Parents are frequently observed as being stressed in light of the fact that
kids and teenagers regularly utilize the web and internet based life which
may influence them all things considered.
 2. Young individuals must understand that, their data might be tracked while
visiting a particular website This can be clarified with help of an EXAMPLE
wherein-Twitter as a website includes short links connections that leads a man to
different destructive places. In their email inbox, dangers may incorporate tricks
identified with email and connections that motivate them to introduce malware and
reveal individual information.
3. Uber, is app based service which tracks real time location of their client without
consent
4. An online study was led which demonstrated that roughly seven out of ten people
reacted about what stresses them most, is their protection over the Internet or web
based life as opposed to over the mail or telephone.
Data Protection and Security has turned into a noteworthy danger to a person, as
individual information of an individual might be seen by an obscure individual
through the web
POWER OF GOVERNMENT AND LAW GOVERNING SURVEILLANCE
IT Sector in India is developing rapidly and the most concerning issue is that
there are no particular laws that governs surveillance in India. In spite of the fact
there are numerous demonstrations and principles gone by lawmaking body
which represents observation in a roundabout way, there is a need of particular
laws as to working of legislative bodies, their power, “protection of individual
privacy and freedom of speech".
POWER OF GOVERNMENT
1. "Section 69" of " Information Technology Amendment Act", 2008 "offers
authority to government to "intercept, monitor or decrypt" any information or
data put away on any "computer resources" for the reason of society or public
security,request and so forth. However who will be approved to block this data is
unidentified.Despite the fact that, CERT-In has been made by the ideals of
Information Technology Act, 2008 yet CERT-In will just become an integral
factor when there is any assault on Indian PCs or assets or when any of Indian
servers being hacked or smashed by any remote body or any person inside or
outside India
2. The Indian Telegraph Act, 1885 had additionally authorized to central or
state government to "intercept any message" in the event that it is against society
or public wellbeing and from that point forward, as different laws came into
power, the legislature has got control.
 Additionally,with Right to Privacy bill, 2011 effort has been made by
government as to characterize security and under which conditions the
administration has capacity to direct surveillance and what will be punishments as
to abuse of such data gotten by the method for observation. Under this bill, the
surveillance must be allowed by authorization of Home Secretary, Ministry of
Home Affairs, Government of India
3. On October 27, 2009, the central government has passed Information
Technology (Procedure and Safeguard for capture, checking and
unscrambling of data) Rules, 2009 in which it was set out that no individual will
intercept , monitor or decrypt any data accessible on any PC assets with the
exception of a request from Home Secretary or Joint Secretary, Ministry of Home
Affairs has been gotten to do as such. As per Rules, under Rule 4, it has been set
out that the Central government has capacity to assign such authority to intercept,
monitor or decrypt any data on any Computer Resource to to any agency
4. Additionally, Information Technology (Procedures and Safeguards for
blocking for access of Information by Public) Rules, 2009 specifies block
access of information on any computer resource by public.As indicated by Rules,
the legislature has authorization to obstruct any data whether created, transmitted,
put away or got or facilitated by any PC asset for any reasons specified in section
69A of the Information Technology Act, 2000
 5. Section 28 of the Information Technology Act
6. Section 29 of the Information Technology Act
7. Rule 6 of the Information Technology (Reasonable Security Practices
and Procedures and Sensitive Personal Data or Information) Rules, 2011
8. Rule 3(7) of the Information Technology (Intermediaries Guidelines) Rules,
2011
9. Rule 7 of the Information Technology (Guidelines for Cyber Cafe) Rules,
2011
10. Apart from the IT Act and Rules, Section 91 of the Code of Criminal
Procedure, 1973 (CrPC)
But acknowledgment of Section 81 of Information Technology Act 2000 should
be adhered to while applying provisions other than IT ACT as no law should
govern same conflict.
 Cases
1. On April 06, "India's Ministry Of Defence" (MoD) site—mod.gov.in—was
purportedly hacked. Rather than the landing page, guests to the webpage saw
the accompanying message about "Website Experiencing Internal Error."Within
April 2017 to January 2018, in excess of 22,000 Indian sites were hacked, 114
among them were government gateways, "Minister of state Electronics and IT K J
Alphons" said in a composed answer to "Lok Sabha"
2. The individual data of around 57 million records of the "ride-service provider"
was "compromised" in October 2016 by Uber Technologies Inc.Uber additionally
affirmed it had paid the programmers capable $100,000 to erase the information
and keep the "breach" calm
3. Twitter sold the data of its user data in 2015 to Cambridge Analytica scientist
"Aleksandr Kogan", who likewise gotten data from "Facebook accounts" in
information release that influenced more than "87 million individuals".
4. A report where Call Data Reports of Telecommunication companies were being
sold to Investment Advisory Company for money ranging from 3000-8000Rs in
Major City Of MadhyaPradesh i.e. Bhopal and Indore.The major
 Telecommunication company were Airtel and Tata Docomo
4. Essar Leaks where Essar was tapping phones of people in high authority
including influential politicians -Ministers and Member of Parliament,
businesspeople such as Reliance Group, bankers & other VIPs.It also
carried out Surveillance on Prime Minister Office at the time Late Mr. A.P.
Vajpayee
5. Reports of "Aadhaar Data leak" of more than 134,000 recipients:
Andhra Pradesh Housing Corporation's site has purportedly unveiled
individual data and "bank details" of around 134,000 individuals with
various private organizations
6. In 2012, Blackberry at last consented to enable government offices to
get to individual "messages on Blackberry Messenger" (BBM) after
numerous recommendations made by Indian Government.Already, BBM
accompanies an encryption key which enables clients to get to messages
and just the individuals who have the encryption key can have the
entrance to peruse or send such messages.
7. Cases of Indian cell phone clients' contact records, Contact List ,
Details and instant messages being leaked to different nations, including
.China
8. Mass Phone Tapping Case in Himanchal Pradesh where more than
1300 phones were tapped while the permission was to tapmonly 170
calls.
 Surveillance Laws In Other
Countries
UNITED STATES OF AMERICA
United States of America has extremely strict approach on "surveillance". In
United States of America, the President has the ability to give "electronic
surveillance" on any foreign power or any individual who is operator of "outside
powers". The President has the specialist to concede such “surveillance”, without
court orders, through Attorney General to secure outside intelligence data for a
period up to 1 year (USC § 1802)."Attorney General" will answer to the House of
Permanent Select Committee on Intelligence and Senate Select Committee.

Electronic Surveillance may likewise be allowed by the court arrange. The Chief
Justice will designate seven judges from seven distinctive circuit courts and this
board of seven judges will engage such utilization of "electronic surveillance" and
concede, alter or deny such application with the exception of for a situation
where such application has just been denied already, the board will not engage
such application (USC § 1803). Any government officer will record such
application for electronic surveillance
 UK
In United Kingdom, Regulation of Investigatory Powers Act, 2000 represents
the arrangements for "surveillance and examination by government bodies.
Control of Investigatory Powers Act offers rules to "public authorities", for
example, Police or administrative divisions who need to get any private data.
Under Regulation of Surveillance Powers Act rules, the surveillance and
examination should be possible in the event of “terrorism, crime, public safety
or emergency services”.Surveillance incorporates full electronic surveillance,
for example, “intercepting communication” on phones or messages or letters,
GPS areas of target and access to electronic information “encrypted or
password protected.

EUROPE
In Europe, there are no immediate laws given to administer surveillance and
EU individuals utilizes rules of UK's Regulation of Investigatory Powers Act
as in Europe, "right to privacy" of people is very "developed area of Europe".
As of late, in Europe, draft European General Data Protection Regulation has
been presented by the Council in Europe on observing the improvement of
Information Technology sector everywhere throughout the world and stream
of individual information inside Europe. Likewise Data Protection Directive,
controls the processing of individual information inside European Union
 Yet, till now there isn't particular laws representing surveillance laws in
European Union aside from UK's Regulation of Investigatory Powers Act, 2000
 LAWS GOVERNING SURVEILLANCE

IT sector in India is growing at very high rate and the biggest problem is that there
are no specific laws that governing surveillance in India. Although there are many
acts and rules passed by legislature which governs surveillance indirectly, there is
a need of specific laws as to working of governmental bodies, their powers,
protection of individual privacy and freedom of speech. Section 69 Information
Technology Amendment Act, 2008 gives power to government to intercept,
monitor or decrypt any data or information stored on any computer resources for
the reason of public safety, public order etc. but who shall be authorized to
intercept this information is unknown. Although, CERT-In has been made by the
virtue of Information Technology Act, 2008 but CERT-In will only come into play
when there is any attack on Indian computers or resources or when any of Indian
servers being hacked or crashed by any foreign body or any individual within or
outside India.
The Indian Telegraph Act, 1885 had also given power to central or state
government to intercept any message if it is against public safety and since then,
as various laws came into force, the government has got power.
The governmental bodies which are working have got indirect powers from many
different rules passed by the legislation. But there is no such legal framework
passed by parliament in relation to surveillance and authorities who has power to
monitor and block information for any computer recourse. The data collected by
Central Monitoring System will only be accessed by governmental bodies like
Intelligence Bureau, Research and Analysis Wing (RAW), Central Bureau of
Investigation (CBI), National Investigation Agency (NIA), Central Bureau of Direct
Taxes (CBDT), and Narcotics Control Bureau (NCB)
But who has given this authority or when shall such surveillance will be done is a
 question. Indian legal framework has provisions relating to electronic
surveillance but they are inefficient.
Also, Right to Privacy bill, 2011 has been presented in the parliament and an
attempt has been made by government as to define privacy and under which
circumstances the government has power to conduct surveillance and what shall
be penalties as to misuse of such information obtained by the way of
surveillance. Under this bill, the surveillance can only be granted by permission
of Home Secretary, Ministry of Home Affairs, Government of India.
On October 27, 2009, the central government has passed Information
Technology (Procedure and Safeguard for interception, monitoring and
decryption of information) Rules, 2009 in which it was laid down that no
person shall intercept, monitor or decrypt any information available on any
computer resources except an order from Home Secretary or Joint Secretary,
Ministry of Home Affairs has been obtained to do so. According to Rules, under
Rule 4, it has been laid down that the central government has power to delegate
such authority to intercept, monitor or decrypt any information on any computer
resource to any agency.
Also, Information Technology (Procedures and Safeguards for blocking for
access of Information by Public) Rules, 2009 has been passed by parliament in
order to block access of any information on any computer resource by public.
According to Rules, the government has power to block any information
whether generated, transmitted, stored or received or hosted by any
computer resource for any reasons mentioned in section 69A of the
Information Technology Act, 2000 i.e. sovereignty and integrity of India,
defense of India, friendly relation with foreign state, security of state etc
 CONCLUSION
Indian's developing "Legislative Framework" and Surveillance Policies are not
satisfactory to manage future dangers and there is a pressing need to amend existing
legal framework and in addition to present solid and successful arrangements keeping
the end goal is to secure IT industry and additionally to ensure protection of people in
the nation.
As allude above, UK and US have extremely effective strategies and the workings of
organizations and additionally the laws identifying with surveillance and security of its
citizen.There is additionally a need of characterizing the word security again in current
age as the improvement in IT segment and surveillance industry has changed the idea
of protection and laws administering it. The current structure isn't sufficient to
manage future dangers and in future, there is a likelihood of expanding threats of
cyber crime
Although as per rules, the government has got power “to intercept, monitor, decrypt
or block any information on any computer resource” and also the central government
has got power to “authorize any agency or any person to perform such activity as it
thinks fit”, be that as it may, the working of such agency and who will be employed in
such agency has not been specified anyplace in the rules and furthermore the
arrangements as to punishments for wrong use of such data by any legislative body or
individual has not been given. It is conceivable that the data obtained can be utilized
for political purposes as seen in case of facebook data share.