CBDT Can Continue To Request Phones Tap In India

Phone tapping in India has been in controversies recently. Whether it is phone tapping by private individuals or public distribution of tapped conversations, Indian government has been in controversies.

In a recent development, the Prime Minister’s Office (PMO) has authorised the Home Ministry to take the final call on the contentious issue of withdrawing the CBDT’s powers of phone-tapping.

Now it has been reported that the CBDT will continue to enjoy the power to request telephone tapping despite a strong recommendation by a Committee of Secretaries against it. However, it is not immediately clear the conditions the CBDT will have to fulfill before requesting the tapping of telephones of any individual.

Suggestions for removal of CBDT from the agencies that can request phone tapping were given believing that tax evasion cases neither have criminal liability nor any national security issue as these were only civil matters.

The panel recommended either removal of the CBDT from the list of authorised agencies that can request telephone interception as the income tax laws fall within civil jurisdiction and do not always impinge on the public safety or to specify stipulations regarding the extent of surveillance allowed to the agency, including the level at which requests are to be made for authorisation by the Home Secretary. However, we have still to deal with lawful interception law in India.

There is an urgent need to formulate effective and constitutional lawful interception law in India. Lawful Interception is a process that “Reconciles” the Law Enforcement requirements and Civil Liberties of a Nation. In the Indian context, we have no Lawful Interception Law in India. By Lawful Interception Law it means a “Constitutionally Sound” Lawful Interception Law and not the present “Self Serving Laws” of India like Indian Telegraph Act 1885.

If we have a clear cut law, this turf war between various Ministries of India can be avoided. Presently, phone tapping is not regulated by a clear cut and constitutional law.

Online Dispute Resolution In Asian Countries

Online dispute resolution (ODR) is an emerging dispute resolution mechanism. It uses information technology for effective and speedier dispute resolution. Online dispute resolution in India (ODR in India) is also gaining momentum but the pace of its growth and adoption is very slow.

Overall, the use of ODR in Asian Countries is not very good if we exclude few exceptional countries. Indian business environment is not great in the absence of suitable dispute resolution mechanism. The traditional litigation method of India is a real deterrent to bring foreign direct investments and foreign companies into India to do business.

Dispute resolution in cross border technology transactions is an area that has tremendous potential. However, ODR in India is facing many legal roadblocks that are preventing India from deriving benefit out of such disputes. There is an urgent need of International harmonisation of ODR norms and standards.

At the International Level, United Nations Commission on International Trade Law (UNCITRAL) is working in the direction of providing a “harmonised legal framework” for ODR. There are very few “ODR Providers” in India and, unfortunately, none of them are part of the recently constituted “Working Group on ODR” of UNCITRAL. This would “drastically reduce” the changes of “adequate and forceful representation” to be made to the Government of India for suggesting use of ODR in India.

Even the alternative dispute resolution (ADR) mechanism of India needs suitable rejuvenation. For instance, the Arbitration and Conciliation Act 1996 of India needs an urgent amendment to make it conducive for effective and speedier alternative dispute resolution in India.

While the European countries and developed countries are adequately utilising ODR yet Asian countries and developing countries are lagging far behind. If India wishes to be a global hub for ADR and ODR, it has to work really hard in this direction.

India Is Becoming A Hub For Spam Communications

India is becoming a hub for Spam communications these days. Whether it is telemarketing or Spam e-mails, Indian share of this Unsolicited and Privacy Violating communications is increasing fast.

Thanks to our Department of Information Technology (DIT), Department of Telecommunication (DOT) and Telecom Regulatory Authority of India (TRAI) that actively “Support and Encourage” these Tele Marketing Companies and Spam Producing Companies through abstaining from taking any action against them.

The Telemarketing and Spam Lobby is very powerful and that is preventing the DIT/DOT/TRAI from taking a pro active action in this regard. Further, India has no Privacy, Data Protection and Data Security Laws.

Even the Cyber Law of India, incorporated in the Information Technology Act 2000 (IT Act 2000), is useless in this regard. Further, almost all the Cyber Crimes in India are “Bailable” hence there is “No Deterrence” at all for Telemarketing and Spam Companies. Even the Telecom policy of India is not appropriate in this regard.

With an increased penetration of Wireless and Broadband Connections in rural and other sub urban areas of India, things would be more complicated. There is an urgent need to “Streamline” various issues that have been totally neglected so far.

GPS Based Tracking For Strauss Kahn While On Bail

GPS based tracking has become a trend these days. In US some Indian students were forced to wear GPS based devices till they were deported back to India. Similarly, the Haryana police proposed use of the same for criminals convicted of heinous crimes like murder while releasing them on parole or for some exceptional reasons.

Now the latest to add to this series is the former IMF chief Dominique Strauss-Kahn who would be wearing a GPS-equipped ankle bracelet tracking his every move. This is a part of his terms of release by a New York judge on $1 million bail. These GPS devices are capable of providing a minute-by-minute log of a wearer’s movements.

The GPS based devices can provide accurate information of their wearers. Their settings can allow the observers to watch the movements of wearer within feet to within yards.

Meanwhile, Strauss-Kahn will plead not guilty in the court. French interior minister said on Sunday France would support any request from Strauss-Kahn to serve jail time back home if he is convicted in New York.

GPS based monitoring has both positive and negative sides. On the negative side it has privacy violation issues whereas on the positive side it meets the needs of law enforcement adequately.

Let us see how GPS base monitoring devices would be used for legal and judicial purposes in India.

Parliamentary Standing Committee On IT Angry With DOT

Second generation (2G) spectrum irregularities took entire India for a shock. Even an entire session of Parliament of India was wiped out protesting against 2G scam and for raising a demand for formulation of a Joint Parliamentary Committee (JPC).

After much discussions and protests, a JPC was constituted that finished its enquiry. Simultaneously, Parliament's Public Accounts Committee (PAC) also submitted its report in this regard.

Now the Parliamentary Standing Committee on Information Technology has found the Department of Telecom (DoT) guilty of not cancelling 74 licences for the Unified Access Services (UAS) as recommended by the Telecom Regulatory Authority of India (TRAI). It suspects something basically wrong with DoT in favouring the defaulters instead of punishing them.

The defaulter companies include those who were given licences tweaking the rules and who are now facing the CBI probe. The committee is understood to have noted in its report that the telecom firms that faulted in rolling out the services should have been dealt with sternly.

Meanwhile, Minster of Department of Information Technology and DoT Kapil Sibal has decided to streamline the telecom policy of India. The current national telecom policy of India was badly drafted and dishonestly implemented. After the 2G scam a need was felt to have a new telecom policy for India. In this background, the national telecom policy of India 2011 was proposed.

Further, a draft National Frequency Allocation Plan (NFAP) of India 2011 has also been proposed to effectively utilise the scarce frequency of India. Kapil Sibal is definitely doing a good job in bringing order in the otherwise chaosed Indian telecom world.

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.

Electronic Service Delivery In India Proposed

One of the main problems with Indian e-governance initiatives is that mandatory electronic delivery of services is missing in India. We have no mandatory e-governance services framework in India. Till now there is no provision under which citizens could ask for mandatory electronic delivery of services from the Indian government.

However, with the proposed draft Electronic Delivery of Services Bill 2011 (EDS Bill 2011) Indian government has for the first time shown its willingness to provide e-governance services in India. However, the real problem with Indian e-governance initiatives in general and proposed ESD Bill 2011 in particular is that legal framework for mandatory electronic services delivery in India is still missing from it.

The Department of Information Technology (DIT) of the Central Government has, through a written communication, sought suggestions of the State Government on the draft Electronic Service Delivery Bill-2011.
The proposed ESD Bill 2011 would make it mandatory for all government departments to deliver public services in electronic mode within a stipulated period of time.

As per the ESD Bill 2011, it would be required by all government departments to identify the basket of citizen centric services to be delivered through electronic means alongwith the stipulated timelines and service levels for each service. Each department would have to fix the timelines for mandatory electronic service delivery. However, no department would exceed a cutoff date fixed for the country. Its benefits would include efficient, transparent and reliable delivery of web enabled public services in a definite and time bound manner to citizens, thereby transforming Governance.

The implementation of the Act would be monitored by Electronic Services Delivery Commissions to be constituted at both Central and State levels. The ESD Bill 2011 has been proposed as a direct consequence of the e-delivery of public services development policy loan by the World Bank.

Recently the World Bank and Indian government signed a loan agreement of $150 million for the e-delivery of public services in India. The loan has been granted as the e-delivery of public services development policy loan to be utilised under the national e-governance plan of India (NEGP). However, till now neither a policy nor a legal framework has been established by India in this regard.