Glendora Police Department Is Using Innovative Methods

Law enforcement agencies around the world are increasingly using information technology for efficient law enforcement delivery. In India as well projects like crime and criminal tracking network and systems (CCTNS) has been proposed by Home Ministry of India. Even projects like national intelligence grid (Natgrid) have been suggested by Home Ministry.

Further, a proposal to establish a system where first information reports can be filed online has also been proposed. However, till now all of these are just proposals and not even a single project has been implemented in India.

Law enforcement agencies of India are still afraid of information technology related issues like cyber law and use of computers and other technological instruments. Of course, they are catching up with the new technology but the pace is very slow.

The Glendora Police Department has launched a new feature on the Glendora Police Department's website. Now anyone who has access to a computer can see the calls that come into the police department in almost real time.

A department official said keeping the public informed about police activities serves two purposes. On one hand, he hopes it will reduce the work load for his employees. If people can see why a police helicopter is circling overhead with a few mouse clicks, they'll be less likely to flood police dispatchers with calls asking `why,' so the thinking goes.

On the other hand, it satisfies people's growing appetite for non-stop information. To that end, the department has also created its own online crime-mapping system. The official said there are also some big changes in store for the website, including an online log that shows whom the department has arrested.

And the Glendora Police Department isn't the only agency responding to that need. The Los Angeles County Sheriff's Department has taken a huge leap into the Information Age in the past year and a half.

I hope Indian law enforcement agencies may also take a leaf out of these activities from their foreign counterparts. Although electronic delivery of services in India has been proposed yet it is far from being actual implementation. Let us see how our law enforcement agencies would perform in future.

E-Surveillance Policy Of India Is Needed

India has no E-Surveillance Policy and Legal Framework. This is despite the fact that many Indian projects are so e-surveillance oriented that they cannot pass the scrutiny provisions of Indian Constitution.

India has launched projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), etc. None of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny.

If this was not enough the sole Cyber Law of India (Information Technology Act 2000) was amended through the Information Technology Amendment Act 2008. The IT Act 2008 made the Cyber Law of India an “unregulated and unaccountable” piece of E-Surveillance Legislation. It is now wide open to misuses by Indian Government and its Agencies. Further, the IT Act 2008 also violated various provisions of Indian Constitution and hence is “Unconstitutional” as well.

Parliament of India has been increasingly abdicating its “Constitutional Duties” of Parliamentary Oversight and Law Making. The way Indian Executive takes decisions on behalf of Indian Parliament is really surprising. Some have validly questioned the very purpose and existence of Parliament of India.

We have been suggesting that E-Surveillance Projects like NATGRID must be suitably regulated and they must comply with Civil Liberties Protection Requirements. The Home Ministry of India did not pay heed to these suggestions and now a stage has reached where NATGRID Project may become redundant. So is the status of NCTC.

India has been imposing Projects like NATGRID and Aadhar on false pretexts of National Security and Welfare Schemes. However, this is not the truth. As far as Aadhar Project is concerned, it is an Endemic E-Surveillance Project. Similarly, Projects like NATGRID must reconcile National Security interests with Protection of Fundamental Rights.

If Parliament of India has abdicated its duties and Indian Judiciary is watching as a moot spectator, it becomes of paramount importance for Cabinet Committee on Security (CCS), Union Cabinet and Prime Minister’s Office (PMO) to “disallow” all such Projects till proper Civil Liberty Safeguards and Legal Frameworks are at place. Further, India must also formulate an E-Surveillance Policy as soon as possible.

Indian Centre For Communication Security Research and Monitoring (CCSRM)

An Indian centre for communication security research and monitoring (CCSRM) was proposed by the Union Cabinet in the past. The Department of Telecommunication (DOT) was asked to do the needful in this regard. The DOT came up with the proposal of establishment of Central Monitoring System (CMS) that can help security agencies and law enforcement agencies in intercepting mobile phone calls and monitor internet traffic.

None can doubt about the utility of a CMS or CCSRM. However, there are many technical, administrative and legal issues that have to be addressed before implementing either CMS or CCSRM.

On the technical side, intelligence agencies and law enforcement agencies of India need to develop skills for intelligence gathering and their analysis. If we keep in mind the latest development, it can be assumed that services of Blackberry, Gmail, Skype, etc would not be banned in India for some more time. Naturally, their highly encrypted services would continue in India that intelligence agencies and law enforcement agencies of India cannot monitor unless they are skilled enough to do so.

On the legal side, in India intelligence agencies and law enforcement agencies are practically governed by no law. Even the constitutional validity of national investigation agency act, 2008 is still doubtful. Further, India does not have a constitutionally sound lawful interception law. Phone tapping in India is still done in an unconstitutional manner and at times by private individuals as well.

On the administrative side, the intelligence infrastructure of India is in big mess. There seems to be a tussle between various Ministries of Indian government and this is preventing the successful implementation of various projects like national intelligence grid (Natgrid), crime and criminal tracking network and systems (CCTNS), national counter terrorism centre (NCTC), central monitoring system (CMS), etc.

However, nothing is more offensive than an absence of Parliamentary oversight of intelligence agencies, law enforcement agencies and projects like Natgrid, CCTNS, NCTC, CMS, etc.

Fortunately, our Prime Minister Dr. Manmohan Singh is taking interest in these projects and he has recently has sought clarifications on the upcoming CCSRM system. I hope the Cabinet Committee on Security (CCS), Union Cabinet and Prime Minister’s Office (PMO) would bring some order in the otherwise chaosed world of intelligence agencies and law enforcement agencies of India.