Kool_SRG Posted December 21, 2018 Report Posted December 21, 2018 Each case of interception, monitoring, decryption has to be approved by the home secretary, and reviewed by the cabinet secretary every two months New Delhi: In a move that has brought the spotlight back on privacy laws, the home ministry on Friday issued a blanket order, enabling 10 authorised agencies to monitor and decrypt any information on any computer, in an apparent bid to tighten internal security. With Section 69 of the Information Technology (IT) Act paving the way for the “monitoring,” government agencies will now be able to keep an eye on exchange of information and material between individuals and banned or militant groups. “We have steadily tracked extensive Islamic State (IS) radicalization happen through material exchanged over e-mails. Initially these groups track youth, on Facebook and other social media platforms, who can be potentially radicalized. Then they start exchanging literature over emails and start brainwashing the youth,” according to a senior intelligence official with knowledge of the developments. The order, which was issued on Thursday night, authorised the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation; National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only) and Commissioner of Police, Delhi to track content “generated, received and stored” in every computer belonging to every individual or organisation. While the ministry gave the go ahead under section 69 (1) of the IT Act, 2000, it stated that each case of interception, monitoring, decryption has to be approved by the home secretary, and reviewed by the cabinet secretary every two months. The matter however, turned into a political slugfest with the Rajya Sabha erupting over the order. After Congress leader Anand Sharma accused the Centre of infringing on citizens’ right to privacy, finance minister Arun Jaitley told the Rajya Sabha that the home ministry had only repeated the order on surveillance, which had been in existence since 2009. “On 20 December, same order of authorisation was repeated that has been existing since 2009. You are making a mountain where a molehill does not exist,” Jaitley said, responding to Anand Sharma. Experts said while the order was well within the ambit of the law, the particular section itself needed to be revisited keeping in mind privacy laws. “Right to privacy is a fundamental right. Section 69(1) needs to be revisited. While the government has taken this step well within the parameters of the law, it is unprecedented to give 10 agencies authorisation to monitor information,” according to Pavan Duggal, cyber law expert at the Supreme Court. Quote
Kool_SRG Posted December 21, 2018 Author Report Posted December 21, 2018 Government authorises 10 agencies to snoop on your computer The user or the service provider in charge of any computer resource will be bound to extend all facilities and technical assistance to the agencies, the order said. Home Secretary Rajiv Gauba has issued an order to 10 central agencies, authorising them to intercept, monitor and decrypt any "information generated, transmitted, received or stored in any computer". The Intelligence Bureau, Narcotics Control Bureau, National Investigation Agency,Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only) and Commissioner of Police have been issued the order. The user or the service provider in charge of any computer resource will be bound to extend all facilities and technical assistance to the agencies, the order said. Failing to comply with the rules will invite seven-year imprisonment and fine. The Home Affairs ministry gave the authorisation under 69(1) of the Information Technology Act, 2000 under which the government can direct any agency in the interest of the sovereignty, defence of India and security of the state among other reasons. Quote
Kool_SRG Posted December 21, 2018 Author Report Posted December 21, 2018 Ministry of Home Affairs Some points on Lawful interception or monitoring or decryption of information through computer resource Posted On: 21 DEC 2018 3:23PM by PIB Delhi Rule 4 of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009 provides that ‘the competent authority may authorise an agency of the Government to intercept, monitor or decrypt information generated, transmitted, received or stored in any computer resource for the purpose specified in sub-section (1) of Section 69 of the Act’. The Statutory order (S.O.) dated 20.12.2018 has been issued in accordance with rules framed in year 2009 and in vogue since then. No new powers have been conferred to any of the security or law enforcement agencies by the S.O. dated 20.12.2018. Notification has been issued to notify the ISPs, TSPs, Intermediaries etc. to codify the existing orders. Each case of interception, monitoring, decryption is to be approved by the competent authority i.e. Union Home secretary. These powers are also available to the competent authority in the State governments as per IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009. As per rule 22 of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009, all such cases of interception or monitoring or decryption are to be placed before the review committee headed by Cabinet Secretary, which shall meet at least once in two months to review such cases. In case of State governments, such cases are reviewed by a committee headed by the Chief Secretary concerned. S.O dated 20.12.2018 will help in following ways: To ensure that any interception, monitoring or decryption of any information through any computer resource is done as per due process of law. Notification about the agencies authorized to exercise these powers and preventing any unauthorized use of these powers by any agency, individual or intermediary. The above notification will ensure that provisions of law relating to lawful interception or monitoring of computer resource are followed and if any interception, monitoring or decryption is required for purposes specified in Section 69 of the IT Act, the same is done as per due process of law and approval of competent authority i.e. Union Home Secretary. This notification does not confer any new powers. Adequate safeguards are provided in the IT Act 2000. Similar provisions and procedures already exist in the Telegraph Act along with identical safeguards. The present notification is analogous to the authorization issued under the Telegraph Act. The entire process is also subject to a robust review mechanism as in case of Telegraph Act. Every individual case will continue to require prior approval of Home ministry or state government. MHA has not delegated its powers to any law enforcement or security agency. ******* Quote
futureofandhra Posted December 21, 2018 Report Posted December 21, 2018 Welcome to neethi nijayithi bodi palana Thugs escaped Common man meedha niga is this thing allowed in Democratic nation @uttermost Quote
Kool_SRG Posted December 21, 2018 Author Report Posted December 21, 2018 4 minutes ago, Spartan said: P0rn busting... Deeni gurinchi Home affairs level lo GO release cheyyala Its kind of spying if required for illegal activities which could be security threat. Quote
uttermost Posted December 21, 2018 Report Posted December 21, 2018 losers can't peekufy anything oka padhi mandhi loser desha bhaktulani lopala vesthey maja osthadi ippudu Quote
Spartan Posted December 21, 2018 Report Posted December 21, 2018 9 minutes ago, Kool_SRG said: Deeni gurinchi Home affairs level lo GO release cheyyala Its kind of spying if required for illegal activities which could be security threat. thats one of the example man. Quote
uttermost Posted December 21, 2018 Report Posted December 21, 2018 sarle ra bhai. em peekkuntaaro peekkomanu. daridrapu desham (all deshams included). and gorrey people. cheppina vinaru. saavani Quote
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