tech2 News Staff Dec 21, 2018 16:21 PM IST
The government authorised as many as 10 central agencies which will have the ability to access any information on any computer — the agencies will be able to intercept, monitor and decrypt any “information generated, transmitted, received or stored in any computer.”
The authorisation has been given under Section 69 of the Information Technology Act, 2000. It allows the government to direct any agency in the interest of the sovereignty, defence of India and security of the state among other reasons.
According to the order, the person who the computer belongs to will have to provide access and technical assistance to the aforementioned agencies. If they fail, there will be a punishment of up to seven years.
Representational Image
The move has largely received backlash for breach for digital privacy from the likes of Asaduddin Owaisi, Mamata Banerjee and others.
Telangana MP Asaduddin Owaisi criticised it and mocked BJP’s slogan “Ghar Ghar Modi.” “Modi has used a simple Government Order to permit our national agencies to snoop on our communications. Who knew that this is what they meant when they said ‘ghar ghar Modi,” he said in a tweet comparing the order to George Orwell’s 1984.
Modi has used a simple Government Order to permit our national agencies to snoop on our communications.
Who knew that this is what they meant when they said ‘ghar ghar Modi’.
George Orwell’s Big Brother is here & welcome to 1984. pic.twitter.com/DrjQkdkBKh
— Asaduddin Owaisi (@asadowaisi) December 20, 2018
The former chief minister of Jammu and Kashmir Omar Abdullah commented saying that the government was imitating North Korea.
We have the North Korean news channels & now we have the North Korean police state. Imitation, as they say, is the sincerest form of flattery. https://t.co/LIl3QV8yy5
— Omar Abdullah (@OmarAbdullah) December 21, 2018
Sitaram Yechury of the Communist Party of India called the move unconstitutional.
Why is every Indian being treated like a criminal? This order by a govt wanting to snoop on every citizen is unconstitutional and in breach of the telephone tapping guidelines, the Privacy Judgement and the Aadhaar judgement. https://t.co/vJXs6aycP0 — Sitaram Yechury (@SitaramYechury) December 21, 2018
Mamata Banerjee took to twitter asking why should “commoners” be affected on the face of “National Security.”
Isn’t this dangerous? pic.twitter.com/n2dC7vLH5b
— Mamata Banerjee (@MamataOfficial) December 21, 2018
2/2 If it is for National Security, then only for that purpose Central Government already has the machinery. But, why all commoners will be affected? Public Opinion please… — Mamata Banerjee (@MamataOfficial) December 21, 2018
The fact that not just calls or emails, but any data on any computer can be intercepted and devices can be seized is not something that people are appreciating.
The MHA notification is akin to mass survelliance on people & very vague and open ended. Any kind of survelliance needs Home Sect approval & that seems to have been done away with !! — Navroop Singh (@s_navroop) December 21, 2018
MHA wants to decrypt all PMO run WhatsApp group messages?https://t.co/gWV59akJw1
— Prasanna S (@prasanna_s) December 20, 2018
This MHA order fails the test of section 69(1) of the Information Technology Act at the threshold. Clearly ultra vires the Act. pic.twitter.com/4G9WTgA256 — अंशुल (@Ghair_Kanooni) December 21, 2018
Congress leader Ahmed Patel told ANI that this notification gives sweeping powers to agencies to snoop phone calls and computers without any checks and balances in place. “This is extremely worrisome. This is likely to be misused,” said Patel.
Ahmed Patel, Congress on MHA order authorizing agencies for purposes of interception, monitoring of information: The sweeping powers given to agencies to snoop phone calls & computers without any checks and balances is extremely worrisome. This is likely to be misused (file pic) pic.twitter.com/Tvwwd5jXPO — ANI (@ANI) December 21, 2018
अबकी बार,निजता पर वार! Modi Govt mocks & flouts Fundamental ‘Right to Privacy’ with brazen impunity! Having lost elections,now Modi Govt wants to scan/snoop YOUR computers? ‘Big Brother Syndrome’ is truly embedded in NDA’s DNA! जनता की जासूसी=मोदी सरकार की निन्दनीय प्रवृत्ति! pic.twitter.com/qCe1IocgY8 — Randeep Singh Surjewala (@rssurjewala) December 21, 2018
3) It permits decryption. Requiring you or any service provider to break encryption. 4) Imagine your search queries on, “Google” over years being demanded. Mixed with your Whatsapp metadata, who you talk to, when & how much. Added layers of data streams from emails + Facebook. — Internet Freedom Foundation (IFF) (@internetfreedom) December 21, 2018
Update: MHA has issued a clarification saying that due process of law and approval of competent authority will be required for the 10 central agencies to carry out interception, monitoring and decryption of any information.
JUST IN: MHA issues clarification on its notification authorising 10 central agencies to carry out interception, monitoring &decryption of any Information. MHA says that the same is done as per due process of law and approval of competent authority i.e. Union Home Secretary. pic.twitter.com/xSuCfelpHA
— The Leaflet (@TheLeaflet_in) December 21, 2018
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