Technology is a tool which can be used by the good and the
bad alike. The versatile nature of the Internet as a means of Communication with
apparent anonymity and pseudonomity has rendered it a preferred means of
communication for international terrorist organizations.
In
the aftermath of the terrorist attacks on India, the Police had seized a lap
top belonging to the terrorists which seems to have unearthed several
communications through e-mail for receiving instructions from the leaders.
Similarly after a suicide attack on the Delhi's Red Fort some
time back, it had been found that the terrorists had used public Cyber cafe's
extensively for communication leading to the commission of crime.
Now as a natural corollary, the Government is reported to have banned the use
of ISD, STD and also Internet access from public places in Jammu and Kashmir.
It is sad that such a decision has been taken but it is indicative of the price
citizens have to pay for letting the society misuse public utilities.
Internationally there has been a hue and cry whenever privacy invasion
measures were initiated by regulators. Even before the POTO or the USA Patriot
Act came into existence, there have been attempts by law enforcement
authorities to reserve the right to intercept internet communication, filter
and censor if necessary.
However, the larger interests of the communities and the need to provide the
law enforcement authorities with all the necessary tools to help them fight
terrorism, has diluted the opposition to such stringent regulation in the
current charged atmosphere the world over.
At least in India where terrorism has been a concern for a long time,
public would support the regulators for the time being on any measure which is
aimed at controlling terrorism..
However, it is necessary to caution the regulators that India continues to
believe in democratic functioning and if the repressive regulatory measures
are presently found acceptable, it is only a show of solidarity with the
Government in an hour of national crisis.
There is a responsibility therefore before the Government that when the
situation improves, the privacy invasion powers of the regulators have to be
voluntarily withdrawn. Alternatively, a suitable monitoring system has to be
initiated to prevent misuse of regulatory powers.
If the current repressive measures are misused by the regulators in course of
time like (TADA is reported to have been misused), there will be an
uprising of the type which was seen in the throwing out from power of Mrs
Indira Gandhi in 1977 in spite of her other achievements.
naavi.org urges the freedom loving Netizens in India and elsewhere to keep a
close watch on the measures undertaken by the Government on the regulation of
communication and more specifically on their possible misuse by the system.
We need to watch out if the Police in any part of the country try to harass
Cyber cafe owners under the repromulgated POTO for having allowed
suspected terrorists used their facilities.
If the recent death of the tainted broker Mr Harshad Mehta while in judicial
custody for offences which were never proved are any indication, many times mis
applied enthusiasm by law enforcement authorities can result in irreparable
damage to individuals and the society. When the Harshad Mehta scam broke out,
few understood the technical nature of the offence and whether any crime had
been committed at all by Mr Harshad Mehta on the society or whether it was a
result of an over eagerness of Bankers to make profits for their
institutions in a non traditional manner. Today few would even remember that the
responsibility for Harshad Mehta scam and ultimately for his death should
morally lie on Dr man Mohan Singh and SEBI. But unless we recognize this truth,
we miss an opportunity to learn from past mistakes.
Just as the lack of understanding of the technicalities of inter banking
financial transactions led to the mis management of the Scam
investigation, many future cases of Cyber Crimes may lead the investigating
agencies to innocent victims of circumstances. If the investigating personnel do
not appreciate the complexities and act with discretion, there can be more
deaths of people on trial. This time it may be the poor cyber cafe owners or a
Netizen whose Internet identity has been used by a terrorist as a camouflage.
After all No Law in Bad except in the way it is administered. It is because
there is no guarantee of proper administration that public some times oppose the
law itself.
The community should therefore think of a monitoring mechanism that would
prevent misuse of power in Cyber crimes. Obviously such a mechanism should have
involvement of public and technology specialists.
naavi.org invites suggestions from the public on how the law enforcement system
can be monitored by public against misuse of the special powers conferred on
them for fighting terrorism.
Naavi
January 2, 2002.
Related Articles:
Report in Times of India