http://www.epw.in/editorials/big-brother-watching.html


Big Brother is Watching
 Vol - XLVIII No. 25, June 22, 2013

   - Editorials <http://www.epw.in/editorials>





What was suspected for long stands confi rmed; states are monitoring their
citizens' conversations.

The suspicion among internet democracy and civil liberty activists that the
behemoth databases and servers of Google, Facebook, Microsoft, Apple and
Skype have for long been used by intelligence agencies in the United States
(US) now stands confirmed. Edward Snowden, a contractor for the secretive
US National Security Agency (NSA), bravely leaked confidential and
classified documents to *The Guardian *in early June which confirmed the
existence of an electronic surveillance programme code-named PRISM.
Launched in 2007, PRISM enabled the NSA to perform in-depth surveillance on
electronic communications and data by accessing servers of several
“participating technology companies”.

Since the revelations the companies have denied active participation beyond
what is legally permissible under US law – specifically the Foreign
Intelligence Surveillance Act of 1978 Amendments Act of 2008 (FISA) – but
the leaked documents suggest that they have gone out of their way to enable
the NSA to collect data. The documents point out that the NSA is collecting
200 billion pieces of intelligence every month. The leaks also pointed to
other related data mining programmes such as “Boundless Informant” that
analysed metadata information captured by PRISM, colour coding data
retrieved from around the world based on intensity of surveillance – Iran
was where the highest amount of data was gathered and India was fifth in
the leaked list. Such metadata are enough to construct behavioural and
interest patterns among internet users, so claims that the metadata does
not carry much informational value unless it pertained to specific suspects
are spurious.

It goes without saying that this surveillance programme run by the US
military industrial complex – for want of a better definition a term for
the collaboration between the US military establishment and the biggest
internet and communication companies in the world – is a massive attack on
the right to privacy of billions of users of internet and communication
services. US government officials, senators and intelligence spokespersons
have defended the programme arguing that it has served the purpose of
national security and have added that the programme has been used only for
surveillance of foreign subjects. This is doubly unacceptable for it makes
a mockery of the trust shown by consumers across the world who sign up for
services offered by the internet companies (which claim to operate on the
basis of elaborate privacy policies) and shows scant regard for the
sovereignty of foreign nations. The world’s super power has been engaged in
mass spying of citizens and governments of foreign nations. There is no
other way of describing the NSA’s activities.

States today realise that the technology that enables surveillance of the
internet and electronic communications is a useful tool to identify and
curb voices of dissent. Globally, public attention has been fixated on
“authoritarian” China and its use of extensive surveillance and firewall
operations to monitor and restrict internet communications domestically for
“national security purposes”. As the NSA programmes have shown, the
so-called liberal democratic states follow similar methods, on perhaps a
much larger scale.

In the US, the so-called “war against terror”, which enabled legislations
such as the Patriot Act of 2001 and the FISA amendments, has given the
intelligence bodies enormous powers to conduct mass surveillance. These
institutions have utilised data in ways that have arguably further fuelled
and exacerbated terrorism. For example, surveillance data have enabled
intelligence agencies to conduct illegal operations such as drone attacks
which have killed thousands of innocents in countries such as Pakistan and
Afghanistan.

Alarmingly, the Indian state, which itself has been spied upon by the US,
has sought to emulate its western counterparts in enacting legislation that
would enable similar forms of mass electronic surveillance. The Information
Technology Amendment Act of 2008 enables e-surveillance. Government
agencies such as the Telecom Enforcement, Resource and Monitoring (TREM)
and the Centre for Development of Telematics (C-DOT) in collaboration with
the Intelligence Bureau have reportedly prepared what is called a Central
Monitoring System (CMS) that facilitates collection of call data records
and data mining for intelligence purposes. The CMS has been in operation
since April 2013, and when combined with the flawed Unique Identification
project that seeks to link all databases across government services, it is
apparent that the infrastructure for a massive surveillance apparatus is
being constructed.

It remains to be seen as to how the US judicial system will react to the
submissions by civil rights groups opposing the surveillance programmes of
the US state. Will India’s governing authorities realise the dangers of
emulating such dystopian surveillance systems? Will India’s civil society
and political representatives rise to the occasion to prevent these attacks
on our fundamental rights? It is a battle which cannot be evaded.
 --
Peace Is Doable

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