Has ZTE Facilitated E-Surveillance In Iran?

Human rights protection in cyberspace is an area that requires urgent attention of United Nations and international community. The way national governments are engaging in illegal and unconstitutional e-surveillance, civil liberties in cyberspace are in great danger.

Further, cyber security concerns of telecom equipments have also put forward their own unique questions. Although we have no applicable telecom equipments security framework of India yet Indian government has shown great concerns regarding telecom security. Indian government has also announced that telecom equipments must be certified by TEC in India before use. This is the reason why telecom equipment providers like Huawei and ZTE were trapped in telecom security tangle of India.

Now ZTE has been facing accusations of selling powerful e-surveillance systems to Iran that are capable of monitoring telephone and Internet communications. Reacting sharply to these accusations, ZTE has announced that it will curtail its business in Iran. It has also been reported that despite a longtime U.S. sales ban on tech products to Iran, ZTE's "Packing List" for the contract, dated July 24, 2011, included numerous American hardware and software products.

India is also planning to install a similar e-surveillance system known as central monitoring system of India that can achieve similar results. India has also announced to establish an Indian national cyber coordination centre (NCCC). However, while doing so the big brother in India must not exceed its limits. Such initiatives can strengthen national security only if civil liberties and procedural safeguards aspects are taken care of. India’s telecom security policy is needed to legally manage the human rights and civil liberty issues.

As far as foreign telecom equipment providers like Huawei and ZTE are concerned, they must keep their business very clean and far from suspicion. Issues like e-surveillance, backdoor allegations, etc must be avoided to retain a stake in Indian market.

Is Ultra Surf Providing Anonymous Surfing And Ensuring Cyber Security?

Privacy and anonymity are very important aspects of protecting civil liberties in cyberspace. They also strengthen cyber security to some extent. However, maintaining good level of privacy, anonymity and cyber security has become a daunting challenge these days.

Further, endemic e-surveillance and blatant privacy violations have become the norm theses days. Even the United Nations (UN) has not been able to control the growing desires and adopted designs of various national governments to curb privacy and anonymity rights of their citizens.

For instance, Indian Government 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.

India needs strong privacy rights and anonymity protection in these circumstances. Self defence in cyberspace is a concept whose time has come at both national and international level. At the national level of India self defence is required not only against cyber criminals but also against our own over zealous and e-surveillance oriented Indian government. Proactive self defence in cyberspace against our own governments has become a necessity. Of course there is a limit where self defence in cyberspace ceases to exist.

When it comes to anonymity, the onion routing (Tor) is the universal standard. However, there are certain extra steps that Tor users must take to get maximum benefit our of Tor infrastructure. If used properly, ToR can provide good levels of privacy, anonymity and cyber security.

Another good tool for maintaining privacy is ultra surf. Ultrasurf is a product of Ultrareach Internet Corporation. Originally created to help internet users in China find security and freedom online, Ultrasurf has now become popular pro-privacy, anti-censorship software, with millions of people using it to bypass firewalls and protect their identity online.

However, for some strange reasons ultra surf is not working fine for us as it is leaking our internet protocol address even after we use it properly. While some sites show the IP address of ultra surf yet some other show the real IP address. If real IP address is visible, there is little use of any privacy/anonymity software.

We also sent an e-mail to ultra surf in this regard and till the time of writing this article we did not get any response. May be our analysis is wrong and we apologise in advance for any misunderstanding or wrong reporting. We would appreciate the inputs of public at large and encourage them to use any search engine with suitable query, including what is my IP. If the search engine shows the real IP address, ultra surf need to do some serious work in this regard.

Privacy and anonymity is also necessary to enhance cyber security as many cyber attacks are specifically linked to IP address. If a different IP address is publicly available that can reduce the risks of many cyber attacks.

We hope anonymity, privacy and security enthusiastic would enlighten us with their correct, accurate and technical analysis and inputs in this regard.

International Cyber Security Cooperation Is Needed

Cyber Threats have emerged as a major cause of concern for National and International businesses and Governments these days. In the absence of an Internationally Acceptable Legal Framework for ensuring Cyber Security at National levels, the need of International Cyber Security Treaty or Convention has become more apparent.

There are many precarious Cyber Attacks threats that could prove to be really damaging. Today many Critical Public Services are provided through the use of Information and Communication Technology (ICT) and in an Online Environment.

Since Cyberspace is boundary less, it is very difficult to prevent Cyber Attacks from different Jurisdictions. Even if a Cyber Attack can be located to a particular Jurisdiction, “Attributing” the same to a single Individual or Organisation/State is really difficult.

There are numerous challenges that need to be addressed in order to formulate International Cooperations and the Policies that are essential to fight with International Cyber Attacks and Cyber Crimes.

True International Cyber Security cannot be achieved till we have an Internationally Applicable and Internationally Acceptable Cyber Security Treaty. Similarly, International Cyber Crimes cannot be tackled till we have Internationally Acceptable Cyber Crime Treaty.

However, in the zeal to fight against Cyber Attacks and Cyber Crimes, Human Rights Protection in Cyberspace should not be neglected as has been done till now. Every possible effort must be made to “Reconcile” Human Rights with National Security and Law Enforcement Requirements.

The present practice of violating Human Rights in Cyberspace World over by playing the card of “National Security” is an aspect that has to be taken care of especially by the United Nations.

At the end of the day, the battle against Cyber Attacks and Cyber Crimes cannot be won till we enact a “Human Rights Oriented” International Legal Framework because in Cyberspace “Non State Players” are sometimes “More Powerful and Better Equipped” than National Governments. They are also “More Assertive” in Cyberspace than in the Realtime and Offline World. I hope International Community would mull over all these aspects and consider enacting the International Cyber Security Treaty or Convention.

Human Rights Protection In Indian Cyberspace

A few years back talking of human rights in cyberspace was seen with skepticism. Now people around the world are more concerned and aware of their human rights in cyberspace.

Surprisingly, United Nations has still not considered human rights issues of cyberspace though it has recently announced that access to Internet is a human right. United Nations must seriously consider protection of human rights in cyberspace as soon as possible as nations across the world are becoming more and more oppressive and endemic e-surveillance oriented.

While United Nations has declared that access to Internet is Human Rights yet Indian government is well committed to deny not only this human rights but also all other possible human rights in cyberspace.

For instance, projects like national intelligence grid (Natgrid), central monitoring system project of India (CMS), centre for communication security research and monitoring (CCSRM), Aadhar project of India, crime and criminal tracking network and systems (CCTNS), national counter terrorism centre (NCTC), etc have no “procedural safeguards” and they are violating human rights and fundamental rights in their “present form”.

These projects have been launched without any legal framework and parliamentary oversight. Further, even the most “basic laws” like data protection Laws, data security laws, privacy laws, etc are missing in India.

United Nations must urgently step in to formulate an international treaty on protection of human rights in cyberspace. If UN maintains its indifferent attitude, draconian laws like the cyber law of India keep on surfacing.

International Cyber Security Treaty Is Required

The threats of Cyber Crimes and Cyber Security attacks are alarming these days. As more and more Critical Infrastructure is connected to Information and Communication Technology (ICT), a need has been felt to protect Critical ICT Infrastructures all over the World.

In a typical Cyber Attack by an Enemy State, the Critical Infrastructure is the first choice. Estonia witnessed this truth in the past. Further, in cases of Cyber Warfare and Cyber Terrorism also Critical Infrastructure is the chief target of Cyber Attack.

It is surprising that despite the seriousness of the issue we have no International Cyber Law Treaty and International Cyber Security Treaty. International Organisations and Institutions have still not taken Cyber Crimes and Cyber Security very seriously. Even Human Rights Protection in Cyberspace has not been taken by seriously by all concerned.

Organisations like United Nations, North Atlantic Treaty Organisation (NATO), etc have also not shown much interest in this regard in the past. Now these Organisations have taken notice of the nuisances of Cyberspace and they are gradually shifting their attentions to Cyber Crimes and Cyber Attacks.

International Organisations dealing with Human Rights, Cyber Law and Cyber Security must start thinking in this direction as issues like Cyber Warfare, Cyber Terrorism, Cyber Espionage, Cyber Crimes, E-Surveillance, Unlawful Interceptions, etc are “Transnational” in nature.

If different Countries would have different laws for these issues, it would be very difficult to truly enforce protective provisions against these menaces at National and International levels. It is high time for UN to seriously consider issues like International Cyber Law Treaty, International Cyber Security Treaty and Protection of Human Rights in Cyberspace.

United Nations And Human Rights In Cyberspace

Human Rights Protection in Cyberspace is urgently needed at National and International level. The call is for the United Nations to take that is “Slow” in this regard. No time in the history of Internet and Cyberspace the need for Protection of Human Rights in Cyberspace is more than the present times.

If the United Nations believes in Human Rights, it must start thinking towards its new form in this Internet Era. There is no reason why Human Rights in Cyberspace must be given any lesser importance than its traditional Human Rights. After all Human Rights like Right to Speech and Expression, Right to Information, Right to Know, Privacy Rights, etc are similar in Cyberspace. Rather violation of Human Rights in Cyberspace is much easier and more frequent.

What is most surprising is why UN has still not considered Cyberspace as an essential part of human life. If we analyse the trends World over, technology has been increasingly used to violate Human Rights in Cyberspace. Thus, UN must urgently protect Human Rights in Cyberspace.

Even the World community on Human Rights, Cyber Law and Cyber Security must start thinking in this direction as issues like Cyber Warfare, Cyber Terrorism, Cyber Espionage, Cyber Crimes, E-Surveillance, Unlawful Interceptions, etc are “Transnational” in nature. If different Countries would have different laws for these issues, it would be very difficult to truly enforce protective provisions against these menaces at National and International levels.

This is the reason why we must a “Harmonised Legal Framework” in this regard, preferably under the regime of United Nation’s Human Rights Organisation. The Governments all over the World are engaging in illegal and unlawful phone tapping and interceptions. This is violating various Human Rights that must be addressed immediately by the International Community.

The present UN Framework for Human Rights can be “Suitably Amended” to accommodate Human Rights in Cyberspace. Almost all the Countries of the World are Member of UN and this would extend Human Rights Protection in Cyberspace to their Citizens automatically. The call is for UN to take and the sooner it is taken by it the better it would for Citizens’ World wide.

Take the example of India. The Cyber Law of India is violating various Human Rights in Cyberspace. This is the main reason why we started the exclusive Cyberspace Human Rights Protection Centre of India. So much offensive is the Cyber Law of India that it deserves to be repealed.

Further, Indian Government 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 there is no “Internationally Acceptable Standard” for Protection of Human Rights in Cyberspace, Countries like India would keep on enacting and applying the Draconian Laws like Information Technology Act, 2000, Indian Telegraph Act, 1885, Official Secrets Act, etc.

Finally, UN has shown some inclination in this regard. UN now considers Internet access a Human Right and considers disconnecting people from the Internet as a violation of Human Rights and International Law. A Report by the UN Human Rights Council’s 17th Session underscored the “unique and transformative" nature of the Internet allowing individuals to exercise a range of Human Rights, and to promote the progress of society as a whole.

I welcome this initiative of UN as this is a good step in the right direction. However, UN must not stop here and must move towards enacting a “Comprehensive Framework” for Protection of Human Rights in Cyberspace.

US International Strategy For Cyberspace

Cyberspace issues have assumed great importance for countries around the world. This is the reason why issues like Cyber Law and Cyber Security have become an essential part of national as well as international ICT policies and strategies.

Although cyberspace is a boundary less place yet there is no internationally acceptable cyberspace treaty till now. Even the basic International Cyber Law Treaty, which can be uniformly accepted by all countries of the world, is missing. Till now India is not a part of this cyber law treaty.

United States (US) has recently revealed its international strategy for cyberspace to promote an open and secure information and communications infrastructure. US will work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure that supports international trade and commerce, strengthens international security, and fosters free expression and innovation, said US Secretary of State Hillary Clinton in remarks during the release of strategy at the State Department.

To achieve that goal, we will build and sustain an environment in which norms of responsible behavior guides states actions, sustains partnerships, and support the rule of law in cyberspace, she added.

What they are able to do in cyberspace, whether they can exchange ideas and opinions openly, freely explore the subjects of their choosing, stay safe from cyber criminals, and engage in professional and personal activities online, confident that doing so will remain private and secure, depends a great deal on the policies that we will adopt together, she added.

Of late, Civil Liberties of netizens are openly violated in the name of national security. We have already voiced our concerns in India in this regard. We have also dedicated an initiative titled Human Rights Protection in Cyberspace that has been providing Techno Legal ICT Policies and Strategies for protecting Civil Liberties in Cyberspace.

While US initiative is praiseworthy, it cannot succeed till it collaborates at international level. We may secure some aspects of cyberspace at national level but at international level it is an altogether different issue. But at least a good step has been taken by US and we welcome the same.