We are anonymous, we are legion

Cyber Crime & Privacy

merlin — 2011-09-01T09:36:11Z

India is a growing area in the field of active Internet usage with 71 million Internet users.

Introduction

India is a growing area in the field of active Internet usage with 71 million Internet users.[1] “Cyberspace is shorthand for the Web of consumer electronics; computers and communication networks that interconnect the World”. [2] The recent incidents of hacking into various popular websites of Yahoo, CNN, Sony, the CBI and the Indian Army raise the very pertinent issue of online data privacy. This blog will examine the growing instances of hacking websites and its impact on data privacy.

Cyber Crime

“Cybercrime is a criminal offence on the Web, a criminal offence regarding the Internet, a violation of law on the Internet, an illegality committed with regard to the Internet, breach of law on the Internet, computer crime, contravention through the Web, corruption regarding Internet, disrupting operations through malevolent programs on the Internet, electric crime, sale of contraband on the Internet, stalking victims on the Internet and theft of identity on the Internet.”[3]

The computer age gave rise to a new field of crime namely “cybercrime” or “computer crime”. During the 1960s and 1970s cybercrime involved physical damage to the consumer system. Gradually computers were attacked using more sophisticated modus operandi where individuals would hack into the operating system to gain access to consumer files. The 1970s - through to the present - saw cybercrimes taking different trajectories like impersonation, credit card frauds, identity theft, and virus attacks, etc.[4]

The IT Act 2000 was enacted by the government to punish such acts of cyber crime. The Act was amended in the year 2008[5].

Cybercrime — An Overview: India

The IT Act 2000 was enacted by the government in 2000 to punish acts of cyber crime. The Act was amended in the year 2008[5]. According to the National Crime Records Bureau, cyber crime is on the rise. The Bureau reported that 420 cases were reported under the IT Act in the year 2009 alone, which was a 45.8 per cent increase from the year 2008. [6] The NCRB data on cyber crime also provides a useful insight as to the growing awareness of the IT Act. The data clearly shows an increase in the number of cases reported from the years 2005 to 2009.[7]. Hacking and obscene [8] publication/transmission are the highest reported crimes with the highest rate of conviction under the IT Act 2008.

Cyber Attack: No One is Safe!!

In February 2000 the many ‘busy’ Internet websites were jammed shut by hackers causing a national upheaval in the USA with the then President Clinton calling in a high level meeting with experts from around the world. Websites like Yahoo.com were forced to shut down for three hours after they were ‘smurfed’ by hackers [9]. Many other websites like Amazon.com and CNN.com were also attacked by the same hackers. Hacking such popular websites within a span of few hours was unprecedented which left many, including the FBI, clueless. By far these are the most serious cyber attacks in the history of Internet. The attacks not only shut down important sites, but also highlighted a very disturbing growing trend. If such popular websites were shut down by unknown perpetrators then how in the world will these and similar sites be able to protect scores of personal data and credit card information of the customers they pledge to serve?

More recently cyber vandals attacked the US Senate website on the 14 June 2011, causing a huge security scare [10]. This instance again brings us to the pertinent question of the safety of our personal data held by these websites. If the personal data of the US Senators can be breached by somebody, then certainly we as consumers should be very wary of the cyberspace and its ability to protect our data.

Closer Home

On June 8, a group claiming to be “anonymous” hacked into the government’s National Information Centre to protest against the anti-graft agitation [11]. The same group was accused of hacking into the Indian Army’s website although no report of data theft was claimed by the government. Last year in December a Pakistani hacker group named Predators PK hacked into various websites including the website of the CBI.[12]

Cyber Crime: Its Implications to Privacy

Internet security has become an important issue. Recent cyber attacks on various important websites has placed many consumers at risk and vulnerable to cyber criminals. The hacking attack on the Sony website on April 16 and 17 led to the theft of 26.4 million SOE (Sony Online Enterprise) Accounts. The criminals even hacked into a 2007 database which held credit and debit card information of 23,400 customers.[13]

Attacks such as these demonstrate the vulnerability of websites, and the possibility of serious harm to a countries economy and security. Furthermore, consumers’ personal data can be used by hackers to extort and blackmail individuals.

The Internet has become a huge stakeholder in facilitating trade and e-commerce, subsequently cyberspace has become a large network of communication and commerce. We carry out a number of tasks on the Internet — from e-shopping and e-ticketing to e-banking. Though the recent attacks on the CBI website, and the Indian Army website did catch some attention from the media, and the government did make some noise about it, the issue slowly faded away. The government cannot seem to protect its own websites which houses sensitive details of national security, but seems confident about putting personal data and biometrics of a billion plus population under the AADHAR scheme [14] onto a web server which can be hacked anytime by almost anybody with a personal computer in China or Pakistan.[15]

Privacy: No More?

Data generated in cyberspace are a fingerprint of an individual which is detailed, processed, and made permanent.[16] The cyberspace generates a blue print of our whole personality as we navigate through a health site, pay our bills, or shop for books at Amazon.com. The data collected by surfing through all these domains creates a fitting profile of who we are. [17] When hackers and cyber vandals steal this very information, it becomes a gross violation of our privacy.

Conclusion

Privacy does not exist in cyber space. The various websites that offer varied services to its consumers fail to protect their personal data time and again. The Sony website including its play station and music website was hacked at least three times this year. Scores of personal data was stolen and the consumers were kept in dark regarding the breach for almost a week. Speaking as a consumer, if a large corporate company like Sony cannot protect its website from being hacked into, it is hard to imagine other websites protecting itself from attacks.

The rise of the Internet has brought with it a new dimension of crime. The IT Act 2000 has brought some reprieve to the aggrieved according to the NCRB. Despite this, the IT Act clearly will not completely deter criminals from hacking into websites, as was demonstrated in the NCRB report. The cyber criminals of the February 2000 cyber attacks have yet to be apprehended and the attacks on various websites have been increasing every year.

Despite progress being made on enacting cyber laws and implementing them, cyber crime is still not nipped in the bud. Governments can do precious little to stop it and only hope that a cyber criminal can be traced back and be punished. Hence, Internet users need to more careful of the sites they visit; know the privacy policy of these websites to protect their personal data as much as possible.

Notes

[1] According to an annual survey conducted by IMRB and Internet and Mobile Association of India for the year 2009 – 2010.

[2] http://www.jstor.org/stable/pdfplus/1229286.pdf?acceptTC=true

[3] http://legal-dictionary.thefreedictionary.com/cybercrime

[4] http://www.mekabay.com/overviews/history.pdf

[5]http://www.cyberlaws.net/itamendments/index1.htm

[6] http://ncrb.nic.in/CII%202009/cii-2009/Chapter%2018.pdf

[7] http://ncrb.nic.in/CII%202009/cii-2009/Chapter%2018.pdf

[8] http://ncrb.nic.in/CII%202009/cii-2009/Chapter%2018.pdf

[9] http://www.pbs.org/newshour/extra/features/jan-june00/hackers_2-17.html

[10] http://in.reuters.com/article/2011/06/14/idINIndia-57677720110614

[11] http://www.thinkdigit.com/General/Anonymous-hacks-Indian-govt-website-to-support_6933.html

[12] http://www.deccanherald.com/content/117901/pakistan-hackers-wage-cyber-war.html

[13] http://mashable.com/2011/05/03/sony-another-hacker-attack/

[14] http://uidai.gov.in/

[15] http://www.securitywatchindia.org.in/selected_Article_Cyber_warfare.aspx

[16] http://www.jstor.org/stable/pdfplus/1229286.pdf?acceptTC=true

[17] http://www.jstor.org/stable/pdfplus/1229286.pdf?acceptTC=true

For more details visit https://cis-india.org/internet-governance/cyber-crime-privacy

Financial Inclusion and the UID

elonnai hickok — 2011-08-23T10:36:31Z

Since 2009, when Nandan Nilekani began to envision and implement the Unique Identification Project, the UID authority has promoted the UID/Aadhaar scheme as a tool of development for India - arguing that an identity will assist in bringing benefits to the poor, promote financial inclusion in India, and allow for economic and social development. In this blog entry I will focus on the challenges and possibilities of the UID number providing the residents of India a viable method of access to financial services across the country.

Why the UID could bring financial inclusion

In their strategy document “Exclusion to Inclusion with Micro payments” the UIDAI argues that a few of many challenges to successful financial inclusion in India for the poor have been: lack of identity, lack of accessibility of financial outlets, unreliability of infrastructure, high costs of banking, and the common presence of a middle man. For Indian banks the UID sites challenges such as: the high cost of transactions for banks servicing clients in rural areas, lack of infrastructure, costly processes of cash management, and high costs of IT.(UIDAI, 2010)The UID's solution to these obstacles is a system of financial services and micro payments based off of an individuals UID number, in which an individual with a UID number would be able to: open a bank account, make a payment, withdraw money, deposit money, and send remittances. The hope is that this system will allow banks to scale up their branch less banking, and reach out to larger populations. Residents having a bank account linked to their UID number is also key to the UID's larger scheme for subsidy delivery to the poor. Until all consumers who rely on government subsidies have a bank account linked to their UID number, the UID will not be able to implement a system of direct transfer of cash subsidies.(CNBC-TV18, 2011) For example, the UIDAI has started conducting a pilot disbursement of funds under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGS) to Jharkhand through Union Bank, ICICI Bank and Bank of India branches.(IBN-Live, 2011)

How the UID will bring financial inclusion

In their vision, the UIDAI has designed a system that involves bank branches enrolling individuals, bank branches establishing relationships with BC organizations, the use of Micro ATM's, and the use of the UID numbers for authentication in all financial transactions. In short the system of financial inclusion would work as follows:

Step 1. Enroll and obtain UID number

An individual enrolls for a UID number. During enrollment an individual shares his/her KYC information with the UIDAI. The UIDAI verifies the individuals KYC information, along with their other information, and issues the individual a UID number. If an individual already has a bank account at the time of enrollment they have the option to link their UID number to their bank account [1]

In India every bank must verify and confirm an individuals KYC information. This is to help reduce tax evasion and fraud. In December 2011, India's Ministry of Finance recognized the Aadhaar number has an officially valid identification to satisfy the KYC norms for opening bank accounts. By verifying an individuals KYC information at the enrollment stage the UIDAI is hoping reduce the amount of paperwork and time needed for an individual to open a bank account. In addition to satisfying KYC norms, the Government of India has also recognized the Aadhaar number as an acceptable form of identity for the purpose of obtaining a mobile connection. By having the UID number accepted for establishing both mobile connections and bank accounts, financial inclusion through mobile banking is encouraged as it allows for individuals who previously had no identity, to join the financial system and mobile network – thus allowing bank accounts to be more accessible than before, and aiding banks by simplifying the process of account opening.(Akhand Tiawari, Anurodh Giri, 2011)

Step 2. Open UID Enabled Bank Account
Now that the individual has a UID number they can open a bank account by presenting their UID number and thumb print to the bank branch for authentication. Currently the one bank enrolling citizens and issuing UID numbers and UID based ATM cards is the Bank of India.(Aggarwal, 2011) Bank of Maharashtra, State Bank of India and Indian Overseas Bank are currently waiting for approval from the UIDAI.(Chavan, 2011) In this scenario the UID number will be the only form of identification needed to open a bank account.

3.Make financial transactions with UID number
Once a UID Enabled Bank Account (UEBA) is opened, individuals can begin making financial transactions using their UID number and fingerprint. Individuals can access their UEBA through BC institutions. With a UEBA individuals have the option of using four basic banking services:

Store cash for savings through electronic deposits and withdraw only small amounts of cash
Make payments
Send and receive remittances
Acquire balance and transaction history

Transactions completed through the UID-enabled bank account work similarly to a prepaid mobile system. BC organizations, or Bank Correspondents, are organizations such as SHGs, kirana stores, dairy agents that larger banks develop a business relationship with. The BC organizations handle all transactions at the local level. Using BC organizations as financial outlets is meant to increase the penetration of financial outlets and make financial services more accessible in rural areas. How the process works is: a BC institution begins by depositing a certain amount of money with a larger banking institution. This ‘ prepaid balance’ paid by the BC institution changes with every transaction the BC institution makes. For example, when an individual makes a deposit it decreases as that money is then transferred into an individuals account, and increases when an individual withdraws money, because of the transaction fee that is charged to the individual. When the individual is making a deposit, he pays physical cash to the BC, who in turn makes an electronic transfer from the BC account to the individual's account. When making a withdrawal, the electronic transfer is made from the individual's account to the BC account, and the BC hands out physical cash to the customer, (UIDAI, 2010).

The micro ATM that is to be used at BC institutions is a hand held device, in this case a mobile phone, attached to a finger print reader. The micro ATM is meant to replace larger ATM’s and reduce the cost that banks incur when establishing full fledged ATM machines. The hand held device will be remotely accessed to the central server of the bank. Currently Italian tech company Telit Communication SpA, is hoping to provide the GSM wireless M2M modules that will allow the wireless device and the wired server to communicate with each other. (Kanth, 2011) The most significant difference between the micro ATM system and the traditional ATM system is that the BC employee executes the transaction.

Though having BC employees carry out financial transactions might eliminate the possibility of a fraudulent ATM being set up, it opens many possibly corrupt doors. How will it be ensured that the transaction is completed without fraud, and how can it be ensured that the Micro-ATM is not fraudulent, or that the BC organization itself is not fraudulent. Though this scenario might sound unlikely, the UID has already experienced difficulties with fake enrollment centers being set up, such as in Pune. (Gadkari, 2011), fake UID papers being issued, as was done in Patna(Tripathi, 2011) and enrollment centers illegally outsourcing work, as the IT company Tera Software was found doing (Prajakta, 2011). If these scenarios have all been tried, it is not unreasonable to see the same being tried with financial institutions.

Challenges to a system of authentication for financial transactions with the biometric based UID number

Not withstanding the fact that financial inclusion cannot be achieved only through an identity, focusing on the identity component of financial inclusion - in the report Low Cost Secure Transaction Model for Financial Services, published by Nitin Munjal, Ashish Paliwal, and Rajat Moona, from the Indian Institute of Technology, the authors note that present challenges in India to financial inclusion through access to financial institutions include(Munjal, Nitin Paliwal, Ashish Moona, 2011):

Currently financial transactions require network connectivity to take place. For financial transactions made in rural areas this has lead to both high costs for each transaction and to high fixed IT costs.
Current financial schemes such as mobile banking depend on network connectivity, making the network indispensable, yet 70% of the Indian population is rurally located with limited or no network connectivity.
Current financial service outlets are densely located in urban areas and not rural areas. Rural populations are financially excluded, as in most cases the completion of financial transaction require the presence of financial outlets.
Currently there are no easy safeguards to protect against fake ATMS or fraud, because the current Financial Service Model is based on blind trust of the service outlet – this allows for high rates of fake ATM’s being installed and fraud.
For an individual to access financial services, an identity is required. In most cases the poor lack an identity.

Clearly there are many obstacles that the UID identity card must overcome to successfully authenticate individuals in financial transactions and facilitate financial inclusion. For the system to be successful the UID must at the minimum do the following:

Accurately generate unique numbers
Capture accurate personal information
Ensure security of the database
Ensure that the technology is secure and accurate
Ensure that only necessary information is collected
Verify BC centers
Provide a secure network that can handle large numbers of transactions

Possible ways in which the system can go wrong include:

Inaccurate authentication
Delays in authentication
Fraud at the level of the BC institution
Over collection of personal information by banks
Linking of databases by banks, or other agencies
Network failure
Down time of the database

Though UID enabled bank accounts have yet to be officially established the UID is already experiencing many of the listed difficulties. For instance, in an Indian Express article published on June 15th, it was reported that banks are issuing additional UID forms that ask if individuals have credit cards, operate mobile or internet banking accounts, own a two wheeler or four wheeler, or live in a rented or personally owned accommodation. (Indian Express, 2011) Even more alarming is a recent news item from the Deccan Herald, which details the efforts that have been taken by NATGRID to access banking clients personal information, and NATGRID's proposal to tie banking information to a linked database containing information from bank accounts, railways, airlines, stock exchanges, income tax, credit card, immigration records, and telecom service providers. (Arun, 2011)The banks
have refused to give NATGRID access to clients personal information, but the ease at which NATGRID could track and collect information about individuals with the UID is chilling – especially if the UID is linked to almost every bank account in India. Several news reports have also shared experiences of confusion, inconsistent requirements, and unorganized enrollment centers, which place doubt in the accuracy of the information collected and the accuracy of the UID numbers issued.(Tripathi, 2011).

Looking at the technology and operational design of the UEBA system, though the scheme relies on mobile networks, it fails to eliminate the need for connectivity to the central server, because authentication of individuals biometric must be done through comparison of one fingerprint to the central server of all fingerprints. This will not only complicate the effectiveness of delivery of services, as it is possible for connectivity to be limited and slow, but it will also incur large network overhead costs for each transaction that is verified. Furthermore, even though the use of BC institutions as financial service outlets is meant to increases the availability of financial outlets, a dependency is created on BC institutions – as they must be present for any financial transaction to take place.
Additionally, individuals have no way of authenticating and verifying BC institutions. As mentioned earlier this allows for possible scenarios of fraud. Additionally, the UID has not provided any alternative method of identification in the case that the network or technology fails, or if an individuals biometrics are incorrectly rejected.

Could the SCOSTA standard be an option?

Many developing countries, like Kenya and Brazil, that face similar challenges to financial inclusion have looked towards smart cards as secure methods for authenticating individuals. In 2003 India also implemented a smart card approach to identity management. The SCOSTA standard smart card was introduced with the MNIC national identification scheme. Though the scheme was eventually dropped by the Indian Government, the SCOSTA smart card standard is still a valid option for authentication of individuals in financial transactions. A SCOSTA standard based approach for financial inclusion would include:

Authentication of an individuals key, pass-phrase, and pin. This is known as public keyinfrastructure. This will allow a person to protect their password and easily replace it if stolen.
Authentication through public key infrastructure would not depend on connectivity to thenetwork. This would allow for financial inclusion of populations not connected to networks and not be fully dependent on working networks.
Authentication through public key infrastructure establishes mutual trust of user and institution. This would lower the presence of fraudulent institutions and corrupt transactions.
Connection to a central server is not required for the authentication of an individual in a financial transaction. This will lower the cost of transactions and lower IT overhead costs (ibid Munjal, Nitin Paliwal, Ashish Moona, 2011)

Conclusion

Though it is hard to say that a fool proof system of authentication can easily be made, and that system will indeed promote financial inclusion, when comparing the biometric UID number with the SCOSTA standard smart card, there are many benefits to the SCOSTA standard such as ability of individuals to verify banking institutions, no need for connectivity to the central server, and the ability to easily replace lost or stolen pins and passwords. No matter what standard is implemented though, it is important to clearly look at the current implementation, technological, and operational challenges that identification schemes face and the possible ramifications of such challenges before adapting it as a ubiquitous system.

For more details visit https://cis-india.org/internet-governance/privacy_uidfinancialinclusion

CCTV in Universities

merlin — 2011-09-01T09:50:09Z

Basic Closed Circuit Television (CCTV) Infrastructure is used to observe movements from a central room, and consists of one or more video cameras that transmit video and audio images to a set of monitors or video recorders.

A Brief History of CCTV's

Video surveillance as a means of policing gained prominence in the 1950s when the UK police installed two pan-tilt cameras on traffic lights to monitor traffic near the Parliament. Since then the United Kingdom has become the country with the most number of surveillance cameras.[1]

The proliferation of CCTVs has been attributed to the growing radicalization of human behaviour wherein organized groups terrorized entire nations and threatened their internal security. The 1985 terror attack on the then Prime Minister of Britain by the IRA and many such instances thereafter have led many countries to adopt CCTV as a means of policing. In India, terror attacks on the Mumbai stock market and successive instances have pushed the Indian Government to install CCTVs in prominent public areas so that it is possible to monitor suspicious movements.[2]

CCTVs and Public Perspective

Since the 1950'sCCTVs have become ubiquitous and ever present, monitoring our daily movements, and infringing into our personal space. Though governments believe CCTVs are essential security instruments, the public is less convinced. The early anxiety to be safe from an unseen danger has given way to a new unease amongst the people, that of constantly being watched by an unseen eye.

CCTVs in Educational Institutions

CCTVs are typically used by the government or private agencies for surveillance in areas frequented by the public that need monitoring. Recently though, universities across the length and breadth of the country have resorted to the use of CCTVs for policing campus activities and to keep the students in check and under control. Huge budgets are set to wire campuses with CCTV infrastructure, t causing students to protest as well as laud the initiative by the administration. The debate on CCTVs has gained momentum in recent years with students staging huge rallies both in support of and against it.

Example 1:

The most prominent of the agitations against CCTVs was staged by the students of Jadavpur University in Kolkata on the administration’s decision to install 16 CCTVs on the four main exit points of the campus and other strategic locations.[3] The installation cost Rs.20 lakh. The students protested loudly against the decisions and ‘gheraoed’ the office of the vice chancellor for 52 hours. The students claimed that the administration was curbing their individual freedom and robbing the campus of it’s democratic atmosphere. The administration refused to remove the cameras, and claimed that the move was necessitated for the security of the students and to prevent any unforeseen incident.

Example 2:

The girl’s residing in the Women’s Hostel of The University of Pune protested against the setting up of CCTV cameras’ in the entrances of the hostel to check for unauthorized visits from boyfriends and friends. The girl’s vandalized the camera and claimed that they were an infringement to their privacy. The hostel authorities insisted that the cameras did not infringe on the privacy of the women, and were only installed at the entrance gates to keep a tab on visitors.[4] The authorities claimed that this step was taken in congruence with the hostel’s policy of not allowing visitors to stay the night.

Example 3:

The girls of the Churchgate’s Government Law College succeeded in getting the CCTV camera removed from the Girl’s Common Room, as it was seen as an infringement to their privacy. The MNS stepped up the agitation in favor of the students which led the college administration to finally take notice and remove the camera from the common room.[5]

The Flip Side

The issue of CCTVs in campuses takes an interesting turn when the students support the move to install cameras in campuses.

Example 1:

Delhi University installed CCTV cameras in their campuses after the Delhi Police issued an advisory for the same. They claimed that the advisory issued was to monitor the instances of on campus ragging. The Delhi Police also helped fund the setting up of CCTVs in the college. This move was lauded by the students, and the colleges took instant measures to wire their campuses.[6]

Example 2:

Recently, after the murder of a Delhi University student named Radhika Tanwar in broad day light, many student union groups assembled for a candle light vigil. They demanded CCTV cameras near the Satya Niketan bus stop where Radhika was killed which is an isolated stretch of a road. The massive agitation of almost a week brought the National Commission of Women into the foray who seconded the demand put forth by the student body.[7]

Example 3:

The recent instance of an RTI exposing inflated bills for setting up CCTVs in the Punjab University Campus also throws light on an interesting facet to this debate as the students do not mind the CCTVs in their campus. The student’s union of the university demanded the authorities to look into the discrepancies of the budget, and also expressed anger as the CCTVs installed did not work. The students claimed that the rising violence in the campus is because of disinterested security men and non working CCTV cameras.[8]

Conclusion

The decisions to use CCTVs as a means of surveillance evokes mixed responses. On one side of the debate they are seen as a deterrent to crime while on the other side of the debate they are seen as beinggross infringements on privacy. CCTV surveillance remains as a bone of contention amongst students. If they feel that their personal space is being invaded by these cameras then it needs to be addressed by the administration in a manner which appeases their fear. Universities randomly adopt the policy of CCTV surveillance, disregarding any voice of dissent. Kashmir University put up CCTVs in it’s campus to shoo away lovebirds and the Aligarh Muslim University has installed 57 CCTV cameras in it’s campus to keep a check on students. The rise of the CCTVs in colleges relates to not the actual crime but to the fear of crime. Therefore, CCTVs have become a tool of re-assurance [9]which feeds a notion of safety and security to the authority in charge.

There is no black and white regarding the implementation of CCTVs in universities. A policy can only benefit both sides when decisions are taken with the students, and not on behalf of them. Indian Universities have no guidelines and policies regarding the implementation of CCTVs and students remain unaware of any decisions in this regard. The Universities should clearly spell out their take on CCTVs including:

University policy regarding CCTVs policies
The reasons for introducing CCTVs
The proposed uses of CCTV infrastructure
Which areas in the campus will be kept under surveillance
How will the data collected be stored
How long will the data be retained
How will the data be deleted[10]

The Universities should address all these issues to dispel fear from the minds of the students, and the student unions should be included in the discussions regarding the implementation of CCTVs.

Notes

[1].Webster,William; CCTV policy in the UK: Reconsidering the evidence base; sueveillanceandsociety.org.

[2].Norris, Clive;MC Cahill, Mike;Wood, David; The Growth of CCTV: A Global Perspective on the international diffusion of video surveillance in publically accessible space; surveillance-and-society.org.

[3].Timesnow.tv/jadavpuruniversity, www.haata.com.

[4].http://www.ndtv.com/article/cities/female-hostellers-damage-cctv-cameras-to-protect-privacy-83889, http://toostep.com/debate/is-it-right-to-install-a-cctv-in-girls-hostel-to-stop-unauth.

[5].http://www.mumbaimirror.com/index.aspx?page=article§id=2&contentid=201101212011012104560935753ecb888, http://ibnlive.in.com/news/cctv-cameras-in-hostel-rob-pune-women-of-freedom/142681-3.html.

[6].http://www.expressindia.com/latest-news/after-delhi-police-advisory-du-to-install-cctv-cameras/761421/.

[7].http://www.indianexpress.com/news/women-constables-cctv-cameras-in-girl-stude/766083/.

[8].http://www.punjabcolleges.com/5526999-itemdisplay-Misappropriation-of-funds-on-CCTV,-RTI-exposed-it-Chandigarh.htm.

[9].www.surveillance-and-society.org/ojs/index.php/journal/article/view/prozac/prozac.

[10].www.ucl.ac.uk/estates/security/documents/cctvpolicy.doc, http://www.wustl.edu/policies/cctv-monitoring-and-recording.html.

For more details visit https://cis-india.org/internet-governance/blog/privacy/cctv-in-universities

Govt wants to monitor Facebook, Twitter

praskrishna — 2011-08-09T09:21:55Z

The Union home ministry has written to the department of telecom asking it to "ensure effective monitoring of Twitter and Facebook".

Milind Deora, minister of state for communications and information technology, said in written reply to a question on Friday in the Rajya Sabha that DoT has received a letter from MHA to ensure monitoring of social networking websites like Facebook and Twitter in order to "strengthen cyber security paraphernalia".

He said that in cases where the data is encrypted, the department works with all concerned parties to obtain lawful access to it.

Citing security a reason, India in the recent months has sought more surveillance and monitoring from internet service providers as well as companies like Research In Motion, which sells BlackBerry phones capable of encrypted emails and messaging.

In April the government notified a new set of IT rules, virtually making intermediaries like internet service providers and web hosts and websites like Facebook and Twitter responsible for any wrongdoings on their networks. The rules were widely criticized by privacy activists.

Sunil Abraham, executive director of Centre for Internet and Society said these "blanket surveillance practices" are counterproductive.

"People advocating greater surveillance don't understand how the web works. In some cases, if there is evidence, targeted monitoring can be done but if governments wants to go through each tweet and every status update, it's just waste of money and resources. Agencies involved in monitoring can do better work by focusing on core issues. This will also save ordinary law-abiding citizens from unnecessary harassment," said Abraham.

According to their policies, Twitter and Facebook don't share any private information available on their servers without valid court order or subpoena. Twitter had said in the past that even if there was a court order, it would first inform the users in question before sharing information related to them.

This article was published in the Times of India on August 8, 2011. The original can be read here.

For more details visit https://cis-india.org/news/govt-to-monitor-facebook-twitter

Re-thinking Key Escrow

natasha — 2011-08-22T11:44:21Z

Would you make duplicates of your house keys and hand them over to the local police authority? And if so, would you feel safe? Naturally, one would protest this invasion of privacy. Similarly, would it be justified for the government to have a copy of the private key to intercept and decrypt communications? This is the idea behind key escrow; it enables government ‘wiretapping’.

The evolution of technology has allowed for increased communication and interconnectedness among people, markets and institutions all over the globe. This has increasingly facilitated the transaction and exchange of all kinds of information. However, this has raised major ethical concerns surrounding the privacy of communication and security of information. Key encryption is an important tool developed to preserve an individual’s privacy. It involves transforming information, so as to ensure that it is unreadable. The need for encryption is irrefutable.

Governments and authorities are concerned with the difficulties associated with accessing and intercepting the encrypted communication. For lawful interception a recovery key is escrowed with a trusted third party. Key escrow is controversial as it is vulnerable to lawful interception and has the potential to threaten the security of sensitive and personal data. In India, key escrow is a requirement under the Indian Internet Service Provider (ISP) license. This means that an ISP, a law enforcement agency, or other party has the potential to partake in covert surveillance and maliciously use the key, thereby compromising the data.

In a short video Jim X. Dempsey, Vice President of Public Policy at the Centre for Democracy and Technology in Washington, DC reviews the public policy battle over key escrow in the United States that took place in the 1990's. At the time the U.S government’s approach to encryption technology involved the use of key escrow in communication devices. One danger of using key escrow in this way was that it allowed for the commercial use of encryption technology, provided that a copy of the private key is held in escrow by the U.S. government. The use of key escrow also permitted the U.S. government to decrypt all data transmitted across communication networks. The risks associated with the use of key escrow led to widespread dissatisfaction from the private sector in the U.S., which ultimately led to the rejection of encryption technology by the President and Congress. In response to the strong negative feedback given by different stakeholders, the US government lifted the controls on encryption technology thereby allowing it to become widely available.

The use of key escrow in India should be seriously reconsidered. Foremost, it subverts basic constitutional practices by violating various freedoms and civil liberties guaranteed in the fundamental rights. Secondly, it threatens the security of personal information. Lastly, it could significantly hinder the growth of e-commerce, transactions, and purchases made over the Internet. The Indian government should take into consideration the failed attempt in implementing the system of key escrow in the United States when deciding on whether or not to implement the use of key escrow in India.

Please see Jim Dempsey’s account on the Short History of Key Escrow.

For more details visit https://cis-india.org/internet-governance/blog/privacy/key-escrow

The Mirror in the Enigma: How Germany lost World War II to a Mathematical Theorem

elonnai hickok — 2011-09-22T07:53:25Z

Today we use encryption in pretty much everything — cellphones, Internet, banking, satellites, and spaceships. How far have we come since the days of the Enigma and how does it affect our daily lives? CIS invites you to attend a short lecture by Rohit Gupta on August 12, 2011.

About the Lecture

During World War II, the Germans began communicating their military information using the famous Enigma encryption machine. Subsequently, we see how three Polish mathematicians led by Marian Rejewski broke the code using a fundamental theorem in 'group theory'. It has been suggested by certain generals that this breach directly led to the collapse of the Axis powers.

In his talk Rohit will begin with the simplest ways to secure privacy in communication throughout human history, and build up to the rise of the Enigma.

About Rohit

Rohit Gupta is a mathematician who thinks the universe is a giant hologram generated by a microscopic black hole which behaves like a rapidly blinking disco ball. He's finding ways to prove this beyond doubt.

VIDEO

For more details visit https://cis-india.org/internet-governance/events/mirror-in-the-enigma

Internet Governance Blog

kaeru — 2011-10-18T06:40:43Z

For more details visit https://cis-india.org/internet-governance/blog/internet-governance-blog-old

July 2011 Bulletin

praskrishna — 2012-07-30T07:00:26Z

Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:

Researchers@Work

RAW is a multidisciplinary research initiative. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Five monographs: Re: Wiring Bodies by Asha Achuthan, Archive and Access by Aparna Balachandran and Rochelle Pinto, Pornography and the Law by Namita Malhotra, The Leap of Rhodes or, How India Dealt with the Last Mile Problem – An Inquiry into Technology and Governance by Ashish Rajadhyaksha and Internet, Society and Space in Indian Cities by Pratyush Shankar were sent for peer review.

Upcoming Event in CEPT, Ahmedabad

Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation [Deadline for submission – 26 July 2011; Participants to be selected by 30 July 2011; Workshop from 19 to 22 August 2011]

Digital Natives with a Cause?

Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.

The Digital Natives Newsletter

"Links in the Chain" is a bi-monthly publication which highlights the projects, ideas and news of the "Digital Natives with a Cause?" community members. It includes opinion posts by participants from the three workshops — Talking Back (Taipei, 15 – 18 August 2010), My Bubble, My Space, My Voice (Johannesburg, 6 – 9 November 2010) and From Face to the Interface (Santiago, 8 – 10 February 2011) as well as the facilitators, interviews with them, comics and cartoons highlighting current issues affecting the community, as well as current news and discussions happening at the project website, www.digitalnatives.in.

The Digital Dinosaurs [Links in the Chain, Volume 7]
Special Mid Year Edition [Links in the Chain, Volume 8]

Accessibility

Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.

Featured Research

Accessibility Policy Making: An International Perspective (Revised Edition 2011) [A G3ict White Paper researched and edited by the Center for Internet and Society, Bangalore, India. Editor: Nirmita Narasimhan, Revised edition: May 2011]

Access to Knowledge (previously IPR Reform)

CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime.

Featured

Don't Shoot the Messenger: Speech on Intermediary Liability at 22nd SCCR of WIPO (speech by Pranesh Prakash at a side-event co-organized from 15 to 24 June 2011, by WIPO and the Internet Society on intermediary liability).

Openness

CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software.

Documentary

People are Knowledge – Experimenting with Oral Citations on Wikipedia (co-produced by CIS in association with the Wikimedia Foundation, on Oral Citations in India and South Africa)

Featured

Opening Government: A Guide to Best Practice in Transparency, Accountability and Civic Engagement across the Public Sector (published by Transparency & Accountability Initiative, CIS contributed the section on Open Government Data).

Internet Governance

Although there may not be one centralized authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Its latest endeavour has resulted into these:

New Blog Post

RTI and Third Party Information: What Constitutes the Private and Public? [by Noopur Raval]

Events Organised

Socio-financial Online Networks: Globalizing Micro-Credit through Micro-transactional Networked Platforms – A Public Lecture by Radhika Gajalla [at CIS, Bangalore on 8 July 2011]
Internet Surveillance Policy: “…the second time as farce?” – A Public Lecture by Caspar Bowden [at TERI, Bangalore on 27 June 2011]

CIS is doing a project, ‘Privacy in Asia’. It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon. The two-year project commenced on 24 March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.

Featured

Privacy & Media Law (by Sonal Makhija). The research examines the existing media norms governed by Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority, the constitutional protection guaranteed to an individual’s right to privacy upheld by the courts, and the reasons the State employs to justify the invasion of privacy.

Comments

Right to Privacy Bill 2010 — A Few Comments (by Elonnai Hickok). CIS has given specific recommendations and specific comments on the Right to Privacy Bill, 2010, which was introduced in the Rajya Sabha by Rajeev Chandrashekhar.

Event Report

Privacy Matters, Guwahati – the event was organised by IDRC, Society in Action Group, IDEA Chirang, an NGO initiative working with grassroots initiatives in Assam, Privacy India and CIS on 23 June 2011.

New Blog Entries

My Experiment with Scam Baiting (by Sahana Sarkar)
When Data Means Privacy, What Traces Are You Leaving Behind? (by Noopur Raval)
Video Surveillance and Its Impact on the Right to Privacy (by Elonnai Hickok)
Consumer Privacy in e-Commerce (by Sahana Sarkar)
An Overview of DNA Labs in India (by Shilpa Narani)
UID: Nothing to Hide, Nothing to Fear? (by Shilpa Narani)

News & Media Coverage

Indian SMEs still fail to harness the power of Net [Sunday Guardian, 19 June 2011]

Sorry Wrong Number [Telegraph, 3 July 2011]

Aadhaar’s moment of truth [Deccan Herald, 5 July 2011]
The Walls Have Ears [Outlook, issue, 11 July 2011]
Transparent Government, via Webcams in India [New York Times, 17 July 2011]; news also published in other languages in wprost (Polish), ictnews (Vietnamese) and @rret sur images(French)
NYT lauds Oommen Chandy’s 24/7 office webcast [Deccan Chronicle, 19 July 2011]
UID: The World’s Largest Biometric Database [International School on Digital Transformation, 21 July 2011]. Sunil Abraham made a presentation.
Facebook, my boyfriend is lousy [Bangalore Mirror, 24 July 2011]

Portal augurs well for transparency [The Hindu, 25 July 2011]

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CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2011-bulletin

Portal augurs well for transparency

praskrishna — 2011-07-26T15:16:47Z

Data.gov.in will have meta-data, which will facilitate discovery of data and access from portals of ministries, says T Ramachandra. The article was published in the Hindu on 25 July 2011.

The unveiling of an official data access and sharing policy and the commissioning of a data portal (data.gov.in), which is on the anvil, will pave the way for digitally opening up the Central government data to the public.

"The data portal will be having meta-data [data about data], which will facilitate the discovery of the data and access from the portals of respective government departments/ministries. At present, the data policy is likely to cover the Central government and all activities funded by the Government of India," said R. Siva Kumar, CEO of National Spatial Data Infrastructure, and head of Natural Resources Data Management System, Department of Science and Technology.

Governmental data-holding organisations will prepare a negative list of non-shareable sensitive data, weighing the need to restrict public access given such considerations as security and privacy, against the obligation to share it with civil society and the scientific community. Apart from this, access to certain categories of data will be restricted.

The broad guidelines spelt out in the Right to Information Act will be followed and the list will be periodically reviewed. "All data outside the negative list will be proactively disseminated, and an oversight committee will facilitate policy implementation," said Dr. Kumar.

But does this mean that the public have to make specific requests for the unlocking of data-sets? “Data will be available through the data portal, and there will be no specific unlocking required. However, access to certain data may be through registration/authorisation,” he responded.

The sharing of such data might be tied to a pricing policy. "Pricing will be decided by the respective department/ministry. However, standardised parameters will be made available as guidelines for fixing the price," he said.

The draft of the proposed National Data Sharing and Accessibility Policy the government published some time ago indicates that the departments themselves can decide whether the data belongs to the ‘open access', ‘registered access,' or ‘restricted access' categories, with the policy neither mandating nor coming up with guidelines on how to do so, said Pranesh Prakash, programme manager, Centre for Internet and Society (CIS), a Bangalore-based NGO.

The CIS has recommended that the policy have the same scope as the RTI Act, and that all ‘public authorities,' as defined under the Act, be covered by it. Only the restricted categories (laid down in Sections 8 and 9 of the RTI Act) should be allowable for ‘restricted access.'

In a study on open government data in the Indian context, the CIS suggested that any policy be oriented towards meeting the requirements of a broad spectrum of citizenry. Specifically, sections that do not get to immediately benefit from advances in information technology. “Data mashing and private sector information products are important goals,” but the government itself should be proactive in creating the applications that show potential uses for the data.

The World Wide Web Consortium (W3C), the global body that sets web standards, has said governments, by putting their data on the Internet, facilitate greater transparency, deliver more efficient public services and encourage greater public and commercial use and re-use of government information.

Anil Bairwal, National Coordinator of the Association for Democratic Reforms, which is involved in disseminating election-related data through its website Electionwatch, says there is “huge public interest” in data, and that accessibility was of prime importance. For instance, election-related data was made available by the authorities in the PDF/image file formats. “This forces us to do a manual interpretation of every affidavit, which consumes a lot of time and energy. It would be helpful if this data was available in a portable open format via an online tool.”

Other countries have already made strides in furthering open data. Prominent examples are the U.K. government website, data.gov.uk, and the U.S. government's www.data.gov website, which is key to President Barack Obama's Open Government Initiative.

Read the original article published in the Hindu here

For more details visit https://cis-india.org/news/portal-augurs-well-for-transparency

UID: Nothing to Hide, Nothing to Fear?

shilpa — 2011-09-28T11:44:21Z

Isn’t it interesting that authorities ask you about your identity and you end up showing your proof of existence! Isn’t this breaching into one’s personal life? Why so much transparency only from the public side? Why can’t the government be equally transparent to the public?, asks Shilpa Narani.

Before I get into an argument, I would like to share with you that my research is based on a comparative study of articles published on UID in leading newspapers like the Times of India, the Indian Express, the Hindustan Times, and its supplement LiveMint, Business Standard, Asian Age, DNA India, Bangalore Mirror, Deccan Chronicle and Deccan Herald. My research shows that the government officials and the individuals working for the UIDAI, who are involved in proposing identity system, are in fact hide their own identity from the public.

Background

A pan-India project to “identify” each resident was formally inaugurated in 2009, with the establishment of the Unique Identification Authority of India (UIDAI) as an office attached to the Planning Commission.[1] The goal of the Unique ID project is to issue a unique identity number to every resident in the country. The Unique Identification number (UID) will be linked to every resident’s basic demographic and biometric details, and stored in the UIDAI central database.[2] Now a 12 digit number will henceforth decide whether you exist or not? It will decide whether you remain a known or an unknown person? With this blog I would like to highlight the irony in the UIDAI's attempt to establish if a person is known or is unknown with a 12 digit number.

An identity card virus seems to be spreading across India. Everyone is praising the UID and the social, economic, and political improvements it will bring. “The aim of the UID scheme is to bring transparency in the system,'' says Sonia Gandhi.[3] One has to wonder though — if the aim of the UID is to bring transparency, why it is that government and UIDAI officials are not transparent themselves?

Findings

According to my research, in 55 news articles taken from different newspapers mentioned above, there are 66 persons who shared their views on UID only on the condition of anonymity. Most of these individuals were public servants who themselves did not wish to be identified. For instance, one individual was from the department of information technology, who is working on the UID project and with the UIDAI itself.

Total Anonymous

As one can see from the graph above, the total number of anonymous people sharing their perspectives on the UID are more than the total number of identified people sharing their perspective on the UID. Below is a detailed review of UID articles from each newspaper:

Times of India: Out of 13 articles, Times of India quoted nine anonymous sources in which there were HRD officials, civic sources, sources from census operation department, collectorate sources, senior postal officials, UIDAI officials, and unclassified individuals. Times of India only quoted four identified sources.

Indian Express: Out of 10 articles, the Indian Express quoted twelve anonymous sources including sources from senior officials of the AADHAR office, senior Delhi government officials and some unclassified sources. Again only four identified sources were quoted.

LiveMint: Out of 7 articles, the Live Mint quoted 15 anonymous sources including sources from the Information Regulatory and Development Authority (IRDA), UIDAI, Bank of India, a senior SEBI official, sources from ministry, etc. Only 11 sources revealed their identity.

Hindustan Times: Out of 3 articles, there were 6 anonymous sources, and 5 sources that were identified. Anonymous sources were from UIDAI, finance ministry, and other government officials.

Deccan Herald: Out of 11 articles, there were 14 anonymous sources and only 6 were identified. Anonymous sources included UIDAI officials, banks, senior officials from government, and unclassified sources as well.

Asian Age: Out of 4 articles, there were 5 anonymous sources. Anonymous sources included government officials and some unclassified officials.

Power of Identity: Why is anonymity important?

UID has the potential to threaten an individual’s ability to be anonymous in society. Anonymity results when the personal identity or personally identifiable information of a person is not known. As demonstrated above, a certain amount of anonymity already exists in India today, but with the coming of the UID there is the potential that this will be changed.

Conclusion

As Sonia Gandhi herself said, the UID's aim is to bring transparency in the system. Though the government is eager to make the Indian public transparent in their everyday lives, clearly from the analysis above, individuals working for the government and UIDAI are not comfortable being transparent to the public. It is ironic that the individuals developing and working for this scheme are not willing to voice their opinion and be identified, but private individuals are. Though the UID scheme is being promoted as a way to make the people accountable and visible in the eyes of the government, from the very start of the project the UIDAI and government have kept themselves under a cloud of secrecy. The government’s non-transparent attitude towards this project and the unawareness of its use on the people makes the whole scheme shady and unnecessary.

Notes

[1]http://uidai.gov.in/UID_PDF/Front_Page_Articles/Documents/Strategy_Overveiw-001.pdf

[2]http://uidai.gov.in/UID_PDF/Working_Papers/UID_and_iris_paper_final.pdf

[3]http://articles.timesofindia.indiatimes.com/2010-09-30/india/28243557_1_uid-number-unique-id-numbers-tembhli

Download the UID Summary Grid here [Excel, 19kb]

For the summary of articles in newspapers, click here

For more details visit https://cis-india.org/internet-governance/blog/privacy/uid-nothing-to-hide-fear

An Overview of DNA Labs in India

shilpa — 2016-02-02T13:11:31Z

DNA fingerprinting has become the most precise and technologically advanced method for identifying crimes such as murder, kidnapping, robbery and rape. Police and judicial authorities and in some cases even private parties retain this in their records, writes Shilpa in this blog post.

At present, India does not have a national law that empowers the government to collect and store DNA profiles of convicts but if the Parliament of India passes the DNA Profiling Bill,[1] 2007, India will soon join countries such as the US and UK in creating a national DNA database.[2] Government, CBI and organizations connected with the investigation process argue that data retention is necessary to combat terrorism and crime. According to Google Transparency Report [3] for the first half of 2010, India had 1,430 data requests, which made it one of the top nations in generating government inquiries for information.

In this blog I am citing my interviews with DNA labs, Issues regarding lab samples and data, and DNA Profiling Bill 2007 on lab practices. I am thankful to Anthony Jackson and Dr. Helen Wallace, Executive Director from Gene watch UK who helped me with the questionnaire for survey interview.

Interviews with DNA labs

I interviewed few government as well as private labs to find out how DNA practices are being carried out. This was to highlight ways in which DNA testing raises privacy concerns.

In public labs, DNA testing is used for the forensic purposes only. These labs are funded by the government whereas private labs deal with legal as well as private purposes. DNA Labs India (DLI), Truth Labs and Bio-Axis DNA Research Centre (P) Limited are some leading private firms involved in DNA testing.

Dr. Madhusudan Reddy Nandineni, who is the Scientist and In-charge of the Centre for DNA Fingerprinting and Diagnostics (CDFD) talked about the working of DNA practise and services provided by their laboratory. “CDFD located in Hyderabad is an autonomous institution supported by the Department of Biotechnology and Ministry of Science. CDFD provides services for DNA testing for establishment of parentage, identification of mutilated remains, establishment of biological relationships for immigration, organ transplantation, property inheritance cases, identification of missing children and child swapping in hospitals, identification of rapists in rape cases, and murderers in murder cases. CDFD assists police personnel, forensic scientists, lawyers and the judiciary”, says Dr. Madhusudan Nandineni over a telephonic interview.

The ND Tiwari Case (Published in the Deccan Herald, 24 July 2011)
Eighty-five-year-old leader ND Tiwari was asked to undergo a DNA test in the paternity suit filed by Rohit Shekhar who claims to be his biological son. The high court asked the Centre for DNA Fingerprinting and Diagontics (CDFD) at Hyderabad to conduct a DNA test on Tiwari.[4] Also refusing to grant any relief to Tiwari, the court said that considering the age of the leader, it is necessary to have a DNA test so that the Rohit Shekhar is not left without any remedy if something happens to Tiwari. The court said that it is the right of a child to know his or her biological father.[5]

Dr. BK Mahapatra, Assistant Director, Biology & DNA Finger printing Unit at Central Forensic Science Laboratory, Delhi says “CFSL undertakes cases referred by CBI, Delhi police, judiciary, vigilance department of ministries, public undertakings and state/central government departments. We don’t contract with private laboratory to do a DNA testing. We accept all type of DNA cases submissions like criminal, known, unknown, etc. CFSL saves DNA samples for re-testing, however, for this we do have a privacy policy followed by National Accreditation Board for Testing and Calibration Laboratories (NABL). It is an autonomous body under the aegis of the Department of Science and Technology, Government of India and is registered under the Societies Act”, he clarified.

In a telephonic interview with Ravi Kiran Reddy, DNA expert, DLI a, tells us about the services provided and security supervise by the laboratory. “DLI provides services for paternity testing, forensic testing, prenatal testing, and genetic testing. DLI contracted with a private laboratory to do DNA testing. We accept all DNA cases like suicide attempts, cases from Indian Army, etc. DLI saves DNA samples for re-testing for six months and if necessary for life time and a database is also maintained. He further said that to protect and secure database, bar coding is being prepared and therefore, no identity is revealed.

Some of the labs refused to participate in the research exercise like the truth labs. Truth Labs is a private lab that provides legal services directly, without a court or police order.[6] Another private laboratory which provides DNA testing is Bio-Axis DNA Research Centre. It also provide various DNA Identification services for private purposes, legal purposes, peace of mind, confidential purposes, immigration purposes, crime investigation and human identification purposes.[7]

Issues Regarding Lab Samples and Data

Readers may have heard of rapists being caught because of a match between a suspect's DNA and sperm left behind in a victim. Or, as often the case, an innocent person may be released because the DNA of that person does not match that found in a crime scene.[8]

Possibility of Framing Innocents: Kshitij Urs, an Action Aid said, “There can be some problems if one were to rely too much on DNA databases in the criminal justice system as DNA evidence can be planted in a crime scene intentionally”, in an event organised by CIS.
Insecurity of Centralised Storage: With DNA tests, a patient's medical file will contain information they would prefer to be confidential. But the whole idea of general DNA testing will only be effective if the data is stored in a single electronic database, which makes the confidentiality problem extremely pressing. For example, the results of DNA testing might reveal that a person who is legally a child's father isn't really his biological father.[9]
Other Privacy Concerns: DNA contains information that raises a much broader privacy and other civil liberties concerns. It can tell investigators about ourselves, our family members, diseases we may have inherited our physical attributes and broad ancestry. Genetic information can be used in all sorts of discriminatory ways.[10]

What can be done?
There should be a DNA retention policy to protect an individual. It will identify personal data which has to be maintained and contain guidelines for how long certain documents should be kept and how they should be destroyed.[11] In the situation of DNA collection and testing privacy cannot be protected simply through consent from an individual. Instead the law must permit specific thresholds to be established in order to cover the privacy needs of different situations. DNA profiling Bill 2007 will regulate the use of DNA profiles which is pending in the Parliament.

DNA Profiling Bill 2007 on Lab Practices

According to the DNA Profiling Bill there are certain rules for the DNA laboratories which are followed by these labs.

Prohibition for undertaking DNA procedures: It states that DNA laboratories have to take prior permission from the DNA Profiling Board to undertake any DNA procedures.
Security and minimize contamination: There should be proper facility of security and minimize contamination of DNA samples.
Confidentiality, Access to DNA Profiles, Samples and Records: DNA Profiling Bill states that all DNA profiles, samples and records forwarded to the DNA laboratory or any authority of the lab has to be kept confidential.
Use of DNA profiles, samples and records: All DNA profiles, samples and records should be used only for facilitating identification of the perpetrator(s) of a specified offence and also to identify victims of accidents, disasters or missing persons or for such other purposes.
Authorised Access: It also says that information stored on the DNA database system may be accessed by the authorized persons for the purposes of forensic comparison permitted under this Act, administering the DNA database system, accessing any information contained in it by law enforcement officers or any other persons, as may be prescribed, in accordance with provisions of any law for the time being in force, inquest or inquiry.
Restrictions on use of information on DNA profiles, samples and data identification records: Laboratory cannot use the information for any purpose other than the purpose for which the communication or access is permitted.
Destruction, alterations, contamination, tampering with biological evidence: The Bill states that whoever knowingly or intentionally destroys alters, contaminates or tampers with biological evidence will be punishable with imprisonment for a term which may extend to five years, or with fine not exceeding twenty thousand rupees, or with both.[12]

Conclusion

Currently the Bill allows for the complete storage of DNA of criminals, suspects, victims, offenders and volunteers.
There are no standard practices for data retention across lab. Thereby there is an increased risk that data might fall in wrong hands and information may also be misused. Therefore, DNA databases should be restricted to be stored for not more than a limited time period. Such indefinite retention of the DNA profiles of innocent individuals is a disproportionate and unnecessary interference with an individual’s right to privacy.
DNA labs in India have numerous constraints and operating in different level. Therefore, India has to be having even more carefully designed laws.

List of Laboratories

Central Forensic Science Laboratory, Delhi
Dr. BK Mahapatra
Associate Biology Division
Ph: 9312523536, 24360095
Mail: ssofs_dfs@dfs.gov.in

Centre For Fingerprinting and Diagnostics (CDFD), Hyderabad
Dr. Madhusudan Nandineni
Scientist and In-charge
Ph: 24749331, 24749330
Mail: dsp@cdfd.org.in

DNA Labs India, Hyderabad
Ravi Kiran Reddy
Ph: 9395142800
Mail: info@dnalabsindia.org

Bio-Axis DNA Research Centre
Ph: 9246338983
Mail: drc@dnares.in

Truth Labs, Hyderabad
Ph: 9490690222, 04023390999
Mail: gandhi@truthlabs.org

Notes

[1]http://timesofindia.indiatimes.com/topic/DNA-Profiling-Bill

[2]http://www.gene-watch.org/blog/post/India-May-Soon-Have-a-National-DNA-Database.aspx

[3]Amy Miller, “Google’s new tool shows which countries are censoring the internet” http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202472346375

[4]Paternity case: No relief for N D Tiwari as Supreme Court allows DNA test http://www.indianexpress.com/news/paternity-case-no-relief-for-n-d-tiwari-as/762146/

[5]Paternity case: ND Tiwari to provide blood sample for DNA test http://www.deccanherald.com/content/165408/paternity-case-nd-tiwari-provide.html

[6]http://www.truthlabs.org/

[7]Bio-Axis Research Centre, http://www.dnatestinginindia.ewebsite.com

[8]Sujatha Byravan , A public, private database http://www.indiatogether.org/2009/sep/hrt-dnadb.htm

[9]Vibhor Verdhan, Data Retention Policies- An Emerging Requirement & Various Compliances http://www.legalserviceindia.com/article/l428-Data-Retention-Policies.html

[10]Andrei Kislyakov , DNA testing: pros & cons http://en.rian.ru/analysis/20090104/119294260.html

[11]Vibhor Verdhan, Data Retention Policies- An Emerging Requirement & Various Compliances

[12]DNA Profiling Bill http://dbtindia.nic.in/DNA_Bill.pdf

Click here for the Survey Questions

Deoxyribonucleic acid (DNA) is the main constituent of the chromosomes of all organisms, and is found in the form of a double helix within the nucleus of every somatic cell. Consequently, a small sample of human body cells can be decoded to reveal a pattern that is shared only by a genetically identical twin. The DNA of each individual does not change during his lifetime. This technique is commonly used in police investigations and is termed ‘DNA fingerprinting. For more see the Wikipedia definition of DNA.

For more details visit https://cis-india.org/internet-governance/blog/privacy/dna-overview

Facebook, my boyfriend is lousy

praskrishna — 2011-07-25T10:07:37Z

While a sizeable chunk of users do not mind living their life in public, oversharing can have nasty repercussions in real life. This article by Sahana Saran was published in the Bangalore Mirror on 24 July 2011.

A wife wrote a bitchy remark about her mother-in-law on Facebook when her husband was out of town. A happy homecoming turned sour when the husband saw the comment. There was a huge showdown which finally led to divorce.

On the flip side, when Savita and Vinay’s (name changed) baby was about to be born a couple of years ago, the couple’s friend live-tweeted the whole childbirth process and the proud parents didn’t mind.

Oversharing on social networks by young people can have damaging results, say internet experts. Why does it happen?

"These days youngsters hook on to social networking sites, and you cannot blame them for seeking each other’s company because that is how they are at that age. There are more restrictions on children these days because of security and abuse issues which the earlier generation may not have encountered. For example, sleepovers which were much common earlier may now not be readily allowed. Their time outside their house is also monitored. Many schools these days have surveillance cameras or some form of curbs that might restrict students from having a private interaction. That is why they seek such interactions through the internet and social networks. Still in India, there is not really a need to press the panic button saying that they are becoming Facebook addicts," says Sunil Abraham, executive director of the Centre for Internet and Society, who is an internet behaviour expert.

Sunil quotes an analysis done in Poland to show how much social networking has become a part of young people’s lives. It showed that teenage girls who meet every day in school, go back home and immediately switch on their PCs and start interacting with each other again. And all through the day, they are on Skype and can see every single thing that each one of them are doing in their rooms in their respective homes. Studies done in the Philipines demonstrate how personal life is becoming public. A study by the Institute of Philippine Culture showed that many of those assessed were on Friendster and allow full access to information on their accounts and readily share details of activities, interests and contacts.

Is the situation different in India? Bhavana, a business management graduate in her 20s, says that what she puts up on her social networking account depends solely on her state of mind. But she ensures that messages are not too personal because earlier she had put up posts which backfired.

"Sometime ago we were celebrating my brother’s birthday and some misunderstanding happened during the celebrations and I was heaped with blame by friends and relatives on FB when I tried to justify myself. I was taken aback. Now, I am more careful about posting messages about sensitive topics," she says.

And when you let people know where you are through Google Latitude, you need to watch against saying offensive things.

"There have been instances of people gate-crashing parties following a Twitter or FB post; in China, mobs of people have attacked those whose views they oppose," adds Sunil.

What makes some people, who would never dream of whipping up controversies in the real world, so reckless when they are online?

"Most often, it is a way of being noticed, of getting attention. Everyone wants to have a popular public profile and telling the world about your opinions and your activities is a way of gaining attention. But new forms of communication are being invented every other day and each has an etiquette of its own," says Sunil.

According to Dr Thomas M J, there are two kinds of people who are the net — attention-seeking and anonymous. The anonymous generally never put personal details about themselves on social networks. "But the other group consists of those who are externally controlled. For such people any open media acts as a place to talk about themselves and they love being in that public space. Moreover, social networks give internet users the courage to say whatever they want because they can avoid face-to-face contact. Even if there is a response, it is muted because because it is not direct and they can escape confrontation," says Thomas.

Read the original article published in Bangalore Mirror here

For more details visit https://cis-india.org/news/facebook-my-lousy-boyfriend

Consumer Privacy in e-Commerce

sahana — 2012-03-28T04:53:17Z

Looking at the larger picture of national security versus consumer privacy, Sahana Sarkar says that though consumer privacy is important in the world of digital technology, individuals must put aside some of their civil liberties when it comes to the question of national security, as it is necessary to prevent societal damage.

What is Consumer Privacy?

In today’s digital economy generating consumer information is inevitable. Though some companies use the personal information they obtain to improve and provide more services to consumers, many companies use the information in an irresponsible manner.

In countries that do provide legal protection for consumer privacy, it is never protected as an absolute right. Consumer privacy is not considered an absolute right for three reasons:

What constitutes consumer privacy is culturally, contextually, individually defined
Consumer privacy often conflicts with other market rights
The ownership of a consumer's private information is debated — as consumer's believe they own the information and businesses believe they own the information.

In order to understand consumer privacy it is useful to outline the privacy expectations and strategies of both consumers and businesses, and to also examine the protection measures taken by firms to safeguard consumer information. The major privacy concerns held by consumer's can be broken down into three main domains:

Consumers want to be informed about the type of information that is being collected from them.
Consumers need to know that they a certain degree of control over the personal information that is being collected.
Consumers need to be assured that their personal information will be secure and will not be abused or stolen.

Though privacy has been defined by many as the "right to be let alone", its application in today’s modern world is not that straightforward. We live in a world where our purchasing behavior, both online and offline, is shared and used invisibly. For instance, if an individual uses a social networking site, it is possible for a third party application to access personal information that is shared. Similarly, if an individual uses a warranty card or loyalty card during a purchase, it is possible for third parties, like data brokers, to collect and use the individuals' personal information.

For instance,15 consumer privacy groups have filed a complaint against Facebook for limiting user's ability to browse anonymously. The complaint was regarding the fact that users only had the choice to designate personal information as publicly linkable, or to not provide information at all. Though Facebook claims to ensure users control over their personal data by allowing users to choose their privacy settings, it does not clarify that these setting can change at any given point. Moreover, the latest privacy embarrassment that hit Facebook proves again that Facebook does not protect users’ privacy. A few weeks ago Facebook admitted to passing personal information of its users onto different gaming applications. These gaming applications have in turn passed the information on to advertisers who otherwise could not have accessed the information.[1]

Breach of Privacy in Information Collection

Internet users often fear the loss of personal privacy, because of the ability businesses and their websites have to collect, store, and process personal data. For example, sites extract information from consumers through a form, and then record data about their user’s browsing habit. After collecting user information, the sites match the data with their personal and demographic information to create a profile of the user’s preferences, which is then used to promote targeted advertisements or provide customized services. The sites might also engage in web lining through which they price a consumer according to their profiles.

Online there are two main ways in which sites collect user information:

Sites collect information directly through a server software. Sites often use automatic software logs to do this.
A third party extracts information from the site without the consumer’s knowledge. Sites often place cookies on websites to extract user information.

Automatic software logs and third party cookie placement are two overlooked aspect of information collection. Cookies work by collecting personal information while a user surfs the net, and then feeds the information back to a Web server. Cookies are either used to remember the user, or are used by network advertising agencies to target product advertisements based on long term profiles of user’s buying and surfing habits. An example of a website that uses cookies is 'double click'. Web bugs are used by advertising networks to add information to the personal profiles stored in cookies. Web bugs are also used in junk email campaigns to see how many visits the site gets. Cookies and web bugs are just two out of hundreds of technologies used to collect personal information. [2]

Challenges Posed by Protection of Consumer Privacy

In conclusion, I would like to talk about the difficulty in maintaining a balance between the legal collections of information and protecting privacy of consumers. Above I demonstrated how this conflict arises between businesses and consumers — and is rooted in businesses wanting personal information for commercial reasons, and a user wanting protection and control over their own information. This conflict can also arise between consumers, businesses, and political bodies. An example that demonstrates this is the ongoing conflict between RIM (Research in Motion) and the Government of India. The Government of India has issued a warning against RIM saying that it would suspend its blackberry operations if they do not adhere to the Indian laws and regulations.

The Ministry of Home Affairs is demanding that RIM allow access to encrypted content that flows in and out of India. In other words the Government of India wants RIM to allow the security forces to have access to data sent using Blackberries by reducing encryption levels, or by providing the government with the decryption keys. The demand by the government is somewhat ironic as Blackberry manufacturers have developed the Blackberry encryption key to protect the consumers’ privacy during any business deal, so that information is not compromised. On the other side of the debate, the government is demanding access to Blackberry communications, because their inability to decrypt the codes makes countering the threats to national security difficult. This is especially true for a country like India, which is constantly facing threats from Maoists, and extremist Islamic groups.

This example highlights an important question: what is more important — national security or consumer privacy? In 2010, RIM agreed to negotiate access to consumer messages only where access requests are within local laws. Blackberry also agreed to not make any specific deals with consumers, and to make its enterprise systems security and confidentiality non-negotiable.

Conclusion

Though, consumer privacy is very important especially in a world of digital technology, however, when we speak of national security, I feel that individuals must set aside some of their civil liberties — at least to the extent that it is necessary to prevent societal damage. For a clearer understanding of national security vs consumer privacy look at the case of RIM Vs Indian Government in the following sites:

[1]http://www.ft.com/cms/s/0/198599e6-dc5f-11df-a0b9-00144feabdc0.html#axzz1O00LowtN

[2]http://cyber.law.harvard.edu/olds/ecommerce/privacytext.htmlFor an overview of some of these new data-collection technologies, along with some information on privacy-enhancing technologies such as P3P, see Developing Technologies.

For more details visit https://cis-india.org/internet-governance/blog/privacy/consumer-privacy-e-commerce

Video Surveillance and Its Impact on the Right to Privacy

Vaishnavi Chillakuru — 2011-09-29T05:35:56Z

The need for video surveillance has grown in this technologically driven era as a mode of law enforcement. Video Surveillance is very useful to governments and law enforcement to maintain social control, recognize and monitor threats, and prevent/investigate criminal activity. In this regard it is pertinent to highlight that not only are governments using this system, but residential communities in certain areas are also using this system to create a safer environment.

However, this move is fundamentally opposed by many civil rights and privacy groups across different jurisdictions and have expressed concern that by allowing continual increases in government surveillance of citizens that we will end up in a mass surveillance society, with extremely limited, or non-existent political and/or personal freedoms.

European Union

The Data Protection Directive [1]of 1995, a Directive was issued by the European Union (EU) to regulate the processing and free movement of personal data. In pursuance with this Directive, every country of the EU passed a legislation to govern the protection of personal data. In this regard, the United Kingdom (UK) enacted the Data Protection Act (DPA) in 1998 and the same was brought into force in the year 2001.

The DPA sets forth eight, Data Protection Principles (DPP)[2] to protect personal data in the public sphere. Although video surveillance has not been explicitly referred to in the legislation, the definition given by the DPA is broad enough to encompass it. The application of these principles to video surveillance has been made explicit through the publication of the CCTV Code of Practice (CoP) by the information commissioner. The CoP does not apply to surveillance cameras used for household purposes. Images captured for recreational purposes with a camera, video recorder, etc., are also exempt. The main features of the CoP have been summarized below:

It is important to ascertain who has the responsibility for the control of the images i.e., deciding what is to be recorded, how the images should be used and to whom they may be disclosed. The body which makes these decisions is called the data controller and is responsible for the compliance with the DPA. The body has to notify the information commissioner as to who the data controller is.
An impact assessment should be done to evaluate the scheme’s impact on the privacy rights of the public. While conducting such an assessment, the data controller should take into account what benefits can be gained, whether better solutions exist, and what effect it may have on individuals. The results of the assessment should be used to determine whether video surveillance is justified and if so, how it should be operated.
The camera equipment should be chosen so as to fulfill the purposes for which the surveillance is being carried out. They should have the necessary technical specification so that the images are of appropriate quality. The camera should be positioned in such a way that only those areas which are intended to be the subject of surveillance are covered.
Viewing of live feed must be restricted to authorized personnel only. The data controller should try and protect the images from public view. Disclosure of recorded images should also be controlled and limited to the purpose for which the surveillance was set up. All other requests for viewing images should be considered carefully and balanced against the privacy rights of other individuals who may be affected by the disclosure of the images.
The DPA does not prescribe any minimum or maximum period of retention. It should be ascertained keeping in mind the purpose for which the surveillance system was set up. However, the images should not be kept for longer than is strictly necessary.
There should be prominently placed signs to let people know that they are in an area which is under video surveillance. This can be supplemented by an audio announcement in places where public announcements are already being used, such as in stations. Systems in public spaces and shopping centres should have signs giving the name and contact details of the company, organisation or authority responsible.
Staff operating the system needs to be aware of the rights of the individual under the DPA.

Canada

Canada has two federal laws which deal with privacy — the Privacy Act, 1985 and the Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA). The former protects privacy rights by limiting the collection, use and disclosure of personal information by the federal government departments and agencies whereas the latter deals with the collection, use and disclosure of personal information by private sector organizations. In addition to these two legislations, every province or territory has their own privacy legislations.

A privacy commissioner is appointed to receive and investigate complaints filed by Canadian citizens pertaining to allegations of violation of the Acts. They also conduct research into privacy issues and promote awareness. The privacy commissioner reports directly to the House of Commons and the Senate. Every province or territory may also have its own commissioner or ombudsman authorized to investigate complaints. The Office of the Privacy Commissioner of Canada (OPC) published two sets of guidelines in order to define and circumscribe the use of video surveillance and ensure that the impact on privacy is minimized.

The first set of guidelines is meant to guide the regulation of video surveillance (by law enforcement agencies) in public spaces i.e., in places where there is free and unrestricted access to everyone. These guidelines were drawn up after extensive discussions between the OPC and the Royal Canadian Mount Police (RCMP). However, these guidelines are to be considered merely as an aid and notwithstanding anything stated in the guidelines, the RCMP has the right to carry out its functions as it deems fit. Some of the important pointers are[3]

Video surveillance should only be used to address a "real and pressing problem" which is of sufficient in magnitude so as to warrant the overriding of the privacy rights of citizens. Hence, there should be "real and verifiable" instances of crime or concern for public safety.
Video surveillance should be conducted only as a last resort i.e., in circumstances where there in no other less privacy-intrusive alternative.
A "privacy impact assessment" should be conducted beforehand to assess the degree of interference that will result due to the video surveillance.
Relevant stakeholders (for example, members of the communities that will be affected by the surveillance systems) should be considered before arriving at a decision.
Video surveillance must comply with all applicable laws including over arching laws such as the Canadian Charter of Rights and Freedoms.
The video surveillance should be conducted in such a way that impact on the privacy rights of citizens is minimized. For example, limited use of video surveillance (e.g., for limited periods of day, public festivals, peak periods) should be preferred to be always on surveillance if it will achieve substantially the same result.
The public should be informed that they are under surveillance. Clear signs should be put up mentioning the perimeter of the surveillance areas, the person responsible for surveillance and his contact details in case of any queries.
Security of the equipment and images should be assured.
People whose images are recorded should be able to request access to their recorded personal information.

The second set of guidelines is with respect to video surveillance in private sector organizations. These guidelines apply to overt video surveillance of the public by private sector organizations in publicly accessible areas. They do not apply to covert video surveillance nor do they apply to the surveillance of employees.

"Determine whether a less privacy-invasive alternative to video surveillance would meet your needs.
Establish the business reason for conducting video surveillance and use video surveillance only for that reason.
Develop a policy on the use of video surveillance.
Limit the use and viewing range of cameras as much as possible.
Inform the public that video surveillance is taking place.
Store any recorded images in a secure location, with limited access, and destroy them when they are no longer required for business purposes.
Be ready to answer questions from the public. Individuals have the right to know who is watching them and why, what information is being captured, and what is being done with recorded images.
Give individuals access to information about themselves. This includes video images.
Educate camera operators on the obligation to protect the privacy of individuals.
Periodically evaluate the need for video surveillance."

United States of America

Statutory laws governing the regulation of video surveillance in America are scarce. While there are some state laws which regulate aspects of public video surveillance, there are virtually no federal laws which directly deal with it. However, video surveillance implicates certain constitutional doctrines — especially the first and the fourth amendments. Although it cannot be denied that the liberties enshrined by these amendments can be severely affected by continuous surveillance, so far, the American courts and jurisprudence on the subject have been very permissive.

Another important directive is the "Fair Information Practices" (FIP) originating from the recommendations written by the United States Government which provide certain rights to individuals with respect to the use and dissemination of personal information. Although these guidelines do not have the force of law, they can prove to be a valuable guide for the treatment of any government-held record containing personally identifiable information. The rights of individuals listed by the FIP, in their most basic form, have been given below:[4]

"Notice and awareness of the purpose of data collection, and how such information is used;
Consent to the collection of personal information, and choice concerning how it is used;
Access to and participation in the process of data collection and use, including the right to correct errors;
Integrity and security adequate to protect the information against loss or misuse; and
Redress and accountability for injury resulting from loss or misuse of personal information."

Also, the American Bar Association, in 1999, published standards for technologically-assisted physical surveillance, including video surveillance. Some of the key points of these guidelines are given below:

While regulating the use of video surveillance for law enforcement purposes, certain factors should be kept in mind. For example, the nature of the law enforcement objective or objectives sought to be achieved, the extent to which the surveillance will achieve the law enforcement objectives, the nature and extent of the crime involved, etc.
The extent to which the surveillance invades privacy should be assessed. While conducting such an assessment, care should be taken to enhance the privacy of the location under surveillance by taking into consideration the nature of the place, activity, condition, or location.
Alternate measures should be preferred over video surveillance in order to maintain a balance between the right to privacy and the need for surveillance.
Notice of the surveillance should be given when appropriate.
The scope of the surveillance should be limited to its authorized objectives and be terminated when those objectives are achieved.

Australia

Neither the Australian Federal Constitution nor the Constitutions of the six states and two territories contain any express provisions relating to privacy. However, there are several state and federal privacy laws governing specific sectors and aspects. The primary federal statute is the Privacy Act of 1988 (PA). This statute was enacted in a bid to give effect to Australia's commitment to the International Covenant on Civil and Political Rights and the Organization for Economic Cooperation and Development (OECD). There are four key areas of application of the Act out of which only two are relevant in the context of video surveillance. The first is the eleven Information Privacy Principles (IPPs), based on the OECD Guidelines. These principles are applicable to federal government agencies. The second is the National Privacy Principles (NPP) which regulates private sector organizations. However, private organizations can set forth their own "code of practice" and get it approved by the privacy commissioner as long as it does not go against the broad framework laid down by the NPPs.

Apart from the PA, each state or territory may have its own laws or practices regarding video surveillance. For instance, covert video surveillance in New South Wales is governed by the Workplace Video Surveillance Act, 1998. The Government of New South Wales also published a report on CCTV in public places. Similarly, Victoria is governed by the Surveillance Devices Act, 1999 and Western Australia by the Surveillance Devices Act, 1998. However, South Australia, Tasmania, Northern Territory and Australian Capital Region have no legislation dealing with the use of video surveillance.

Japan

The Constitution of Japan does not contain any express provisions guaranteeing the right to privacy. Till 2003, even statutory law in the field of data protection was non-existent and the government followed a policy of self regulation. It was only in 2003 that the Japanese Parliament enacted the Protection of Personal Information Act. The law underlying privacy in Japan[6] protects only personal information that is obtained and held by administrative agencies, private agencies. It seeks to set forth penal provisions in order to curb leakage of personal information by the government. The subsequent amendments to this Act have widened its scope to cover data that is paper based as well as computerized. Therefore, it can be said that the instant legislation is broad enough to encompass video surveillance data as well.

In this regard it is set forth that there exists no consolidated law to govern video-surveillance systems. Nevertheless, Japan uses video surveillance systems in order to assist the law enforcement agencies. The National Police Agency uses a video surveillance system called the "N system"[7] in order to record license plate numbers of vehicles on roads, highways, etc. This facilitates effective and efficacious law enforcement in Japan. Furthermore, Tokyo police have been operating surveillance cameras on utility poles and buildings to monitor pedestrians in the several densely populated districts of the city.[8] However, this mechanism has been challenged severely by litigants and many privacy groups in the court of law.

Conclusion

We have now moved into an age where security seems to be the primary issue for most countries and their citizens. Video surveillance is increasingly being used to assuage the fears of the citizens and bring perpetrators to justice. In such a scenario, the issue of privacy rights of individuals seems to have taken a backseat. While some countries such as Canada and Britain have attempted to strike a balance between the need for surveillance and the privacy rights of the people, other countries such as the United States of America and Japan do not seem to have made much progress in terms of creating video surveillance norms or regulations to protect the privacy rights of citizens.

Considering the pressing need for video surveillance to address national security issues, India surprisingly has no laws on the same. In this regard, India needs to draw from the experience of the United Kingdom and Canada. The first step is to enact laws permitting video surveillance.

These laws should be tightly worded and strictly connoted, considering the encroachment on civil liberties. Further, in order to balance security with privacy, the next step is to create an office for the information commissioner. It should be created and powers should be conferred to ensure that the privacy related disputes are handled efficiently and expeditiously. Furthermore, the misuse of the powers conferred upon surveillance authorities should be deterred by giving further powers to the commissioner to impose pecuniary liability.

Bibliography

European Union

Canada

United States of America:

Australia:

Japan

https://www.privacyinternational.org/article/phr2006-japan#[45]

Notes

[1]Directive 95/46/EC.

[2]See http://www.ico.gov.uk/for_organisations/data_protection/the_guide/the_principles.aspx (eight data protection principles)

[3]Full guidelines: http://www.priv.gc.ca/information/guide/vs_060301_e.cfm.

[4]Full guidelines: http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_taps_blk.html#9.

[5]http://www.proactivestrategies.com.au/library/Loss%20Prevention/Video%20Surveillance%20National%20article.PDF.

[6]This law extends to private businesses, government organizations and independent administrative agencies.

[7]540 locations on expressways and major highways throughout the country; it automatically records the license plate number of every passing car.

[8]This regime has also been litigated upon thoroughly with lawyers claiming the same to be unconstitutional.

For more details visit https://cis-india.org/internet-governance/blog/privacy/video-surveillance-privacy

UID: The World’s Largest Biometric Database

praskrishna — 2011-07-23T02:04:45Z

At the start of his presentation, Sunil Abraham pointed to two aerial drawings of cybercafes: one where each computer was part of a private booth, and one where the computers were in the open so the screens would be visible to any one. Which layout would be more friendly to women, and why, Abraham wanted to know. Some participants selected the first option, liking the idea of the privacy, while others liked the second option so that the cybercafe owner would be able to monitor users’ activities.

Abraham said he was surprised no one said option one looked like masturbation booths, adding that in May, India passed rules prohibiting the first design option to avoid just such an issue. This is despite a survey conducted of female college students, who liked the idea of privacy in cybercafés that typically are male-dominated.

Cybercafes are just one of the areas impacted by India’s plan for collecting and using biometrics to create unique individual identification cards.

Abraham focused his presentation on activists’ efforts to counter the government’s myths about a unique identification (UID) program.

One campaign image showed two soldiers on the border asking for an east-Asian looking person’s identification. The way to balance, or rectify, the drawing, Abraham said, would be to allow citizens to be able to ask the soldiers for the identification information.

The campaign, “Rethink UID Project,” included several images illustrating various problems with the plan. For example, one said: “Central storage of keys is a bad idea, so is central storage of our biometrics.” As Abraham explained, if storing a copy of your housekey at the police station does not make us feel more secure, then why wouldn’t storing our biometrics with the government also make us a little more scared?

In the Indian scheme, Abraham said, the government says biometrics will be used as an authentication factor in order to prove your identity, but from a computer science perspective, it’s a bad idea because it is so easy to steal biometrics. And, as Abraham pointed out, if your biometrics are stolen, it’s not possible for you to re-secure it—it’s not like getting a new ATM card and password, he said.

If this system of national UID was designed using digital keys instead of biometrics, then we would have a completely different configuration, Abraham said.

Centralized storage is nonnegotiable, and therefore the process of authentification is done through a centralized database, but with digital keys or digital signatures, authentification could be done on a peer basis, so citizen could authenticate border guards and vice versa.

Another image from the “Rethink UID Project” campaign pointed out that “Technology cannot solve corruption.” As Abraham said, problems of corruption in the subsidy system (food, loans, education, employment guarantee act in rural India, etc) won’t be fixed with biometrics. For example, if biometric equipment is installed at fair-price shops, before the shop owner gives the grain, the citizen would have to present biometrics, which would go through a centralized server and be authenticated, then the citizen would get the grain, and ultimately there would be a record saying this particular citizen collected this amount of subsidized grain at this particular time.

But there are a whole range of ways shop owners can compromise the system, Abraham said.

The first way: 30-50 percent of India is illiterate, so shop owner can say the biometrics were rejected by the server and the citizen would not know better. Or, the owner can say there was no connectivity so authentification didn’t go through, or the owner could say there was no electricity so the system won’t work, or the shop owner could give just part of the grain that the citizen is due.

Corruption innovates and terrorism innovates—if technology innovates, so does corruption, as it is not a static phenomenon, Abraham said. You can’t wish away human beings from technological configurations.

One village will have multiple biometric readers.

Abraham said they have proposed an alternative schema: remove readers from the shop, school, hospital, bank, etc., and have only one scanner at the local governance hall. Instead of the citizen becoming transparent to the government, the government should become transparent to the citizen. The shop owners should make transparent which IDs they have given how much grain to, and only if they are going to dispute the ID of a citizen, can they go to the local government administrative office to prove the ID.

Another image from the “Rethink UID Project” campaign said, “The poor and the rich: who do we track first?”

Abraham explained that one problem in India is “black money,” or money for which you don’t pay taxes because the accounts are in fake names in order to store money. Like creating fake bank accounts, he said it also would be easy to create fake biometrics by combining the handprints and eyes of multiple people to get a second fake ID. Also the system could be hacked into and iris images Photoshopped. Ghost ideas also could be created and then sold off. Because the rich will get their IDs behind closed doors, Abraham said, it will be easy for them to get multiple IDs, but the poor will not be able to.

Referring to “tailgating,” or when one ID is card swiped to gain entrance for multiple people, such as swiping one metro card and then two people walking through, Abraham noted that the problem is that the tailgating only is seen as a problem when it’s at the bottom of the pyramid, such as one woman goes to the fair-price shop to collect grain for five or six families so only one person has to lose a day’s wage instead of all five or six losing a day’s wages. Tailgating at the bottom if the pyramid is usually a question of survival, he said.

Thus, another image from the campaign showed a pyramid and said, “Transparency at the top first…before transparency at the bottom.”

The first principle is that expectations of privacy should be inversely proportional to power, so people who are really powerful, like NGOs, politicians, or heads of corporations, should have less privacy, and people who have very little power should have more privacy, Abraham said.

Also, from a business perspective, the nation gets greater return on its investment if surveillance equipment is trained on people at the top of the pyramid to catch big-time corruption, he said.

Most of the panic around the UID is over the transaction database. Beyond a databse storing everyone’s biometrics, another database will track transactions: every time you buy a mobile phone or purchase a ticket or access a cyber cafe or subsidies, thanks to UID, there will a record made in the transaction database, Abraham said.

Abraham said it is important to note that surveillance is not an intrinsic part of information systems, but once surveillance is engineered into information systems, both those with good intentions or bad intentions can take advantage of that surveillance capability.

The UID means there will be 22 databases available to 12 intelligence agencies, he said.

So when a girl enters into a cybercafé, first she will have to provide her UID, and then the café owner will photocopy the card, then the owner has the right to take a photo of the girl using his own camera, then the owner is supposed to maintain browser logs of her computer for a period of one year.

So the question then is how to assure accountability without surveillance?

The first possibility, Abraham said, is partial storage. The transaction database could store half the data, and the central database could store the other half, so the full 360-view of the data would not be available without a court order.

The second solution is a transaction escrow, where every time a record is put into the main database, it will be encrypted using 2-3 keys, and only if 3 agencies cooperate with keys, can the information be decrypted. Thus, it is targeted surveillance, not blanket surveillance.

To conclude his presentation, Abraham divided participants into four groups in order to design surveillance systems for internet surveillance, mobile technologies, CCTVs, and border control.

Sharon Strover spoke on behalf of the CCTV group, saying they ended up with more questions than anything else. They agreed there should be notices when cameras are in use, there should be public knowledge of who is doing surveillance and who has access to the footage, and the data shouldn’t be sold. But the group couldn’t decide which spaces warranted CCTVs and which not.

Abraham then pointed out that the next generation of CCTVs can read everybody’s irises as they pass the cameras—it’s in the lab now, and 2-3 years from the market, he said.

Next, Andy Carvin spoke on behalf of the mobile technologies surveillance group. Whether or not capturing metadata or content as well, the mobile phone company can collect it, but it shouldn’t be able to keep any identifiable information for the person – it should only be able to look at information in the aggregate. The rest of the information should be shipped to a non-governmental organization or government agency specialized in privacy, and 2 keys would be required: one from the judiciary and one from the NGO or governmental agency.

Smári McCarthy reported back for the Internet surveillance group, pointing out that data retention has been useful in criminal cases less than 0.2 percent of the time in one study, and another showed there has been no statistically significant increase in the number of criminal cases solved because of data retention. So, he said, the group concluded there should be no blanket surveillance, only court orders in certain criminal cases that define who will be under surveillance and for how long. Also, they wanted to see a transparency register available so the public could be informed about how many people are under surveillance currently and throughout year and other general information, such as the success rate—how many of these surveillances have led to criminal convictions or similar.

Finally, Summer Harlow spoke on behalf of the border control group, which said scanning of checked- and carry-on luggage is acceptable, but there should be no luggage searches without specific probable cause from intelligence agencies or if the scans pick up weapons or other contraband. Similarly, people could be subject to spectrum scans and drug/bomb sniffing dogs for weapons and contraband, but again they would not be physically searched by border agents without probable cause. Also, people and luggage could not randomly be searched based on the country of their passport or their flight destination or origin.

In summary, Abraham said, surveillance is like salt in food: it is essential in small amounts, but completely counter-productive if even slightly excessive.

Download Sunil's presentation here [PDF, 1389 kb]
Sunil Abraham made the presentation at the Gary Chapman International School on Digital Transformation on 21 July 2011. The original news published by International School on Digital Transformation can be read here
Read the schedule here

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