Internet Users Enraged Over US Online Spying

Internet Users Enraged Over US Online Spying is a feature published by The Times of India on 29 June 2013, written by Maitreyee Boruah. The article examines Indian responses to revelations about NSA surveillance programmes exposed by Edward Snowden. It includes commentary from Sunil Abraham on legislative gaps in India’s privacy framework and policy measures needed to protect citizens from foreign intelligence access to personal data held by internet companies.

Contents

  1. Article Details
  2. Full Text
  3. Context and Background
  4. External Link

Article Details

📰 Published in:
The Times of India
✍️ Author:
Maitreyee Boruah
📅 Date:
29 June 2013
📄 Type:
Feature
📰 Newspaper Link:
Read Online

Full Text

India is the fifth most tracked nation by American intelligence agencies.

Have you been posting pictures and messages with gay abandon on your social networking sites or having personal discussions on instant chat or video messaging and thinking that no one other than the intended recipient(s) has access to it? Well, going by the recent revelation that government agencies, and that too from the US, have been spying on our internet usage and collating private information, even the most hardcore security settings for your online data are apparently of no use.

According to former US Central Intelligence Agency (CIA) employee Edward Snowden's testimony, the US National Security Agency (NSA) has been using major tech giants to spy on private information of users around the world. And India is the fifth most tracked nation by the US intelligence system. But isn't this a direct infringement on our right to privacy? Or are such measures the need of the hour, given the increasing incidences of terror acts across the world?

What should the Indian government do?

Recently, a PIL (Public Interest Litigation) was filed in the Indian Supreme Court on the issue of the web snooping by the US. The PIL sought the Centre to initiate action against internet companies for sharing information with foreign authorities, which amounts to breach of contract and violation of the right to privacy.

"First, we need to urgently enact a horizontal privacy law, which articulates privacy principles and institutes the office of the privacy commissioner. Second, we need to promote the use of encryption and other privacy-enhancing technologies. The use of foreign internet infrastructure by those in public offices should be banned, except in the case of public dissemination. And last, but not the least, take action against online firms that have access to personal data of users and violate the privacy of Indian citizens through the office of the regulator," suggests Sunil Abraham, executive director of Bangalore-based research organization, Centre for Internet and Society.

Anja Kovacs, project director at the Internet Democracy Project in India, meanwhile, wants the Indian government to assert itself. "The best the Indian government can do is to demand that this kind of snooping does not happen. However, it can't ensure that such episodes won't happen in the future, as there is no enforceable global legal framework to deal with online snooping."

Era of the Big Brother?

Given the lack of legal support, does it mean that internet users have no right to privacy? "We do have a right to privacy. Unfortunately, our right is not respected. By and large, unless they use special tools to protect themselves, internet users do not have any real privacy in many countries, including India," says Anja, adding, "The right to privacy is not explicitly included in the Constitution, and the Privacy Bill continues to be pending. Also, Indian intelligence agencies are not under supervision of the Parliament, which is an important weakness in the accountability system."

Echoing Anja, Sunil says, "In India, unfortunately, our right to privacy is not sufficiently protected. Indian laws are not strong enough to safeguard privacy of Internet users."

Anger in the online community

A large number of internet users who we spoke to said they were "shocked" after hearing about the US government's spying mechanism. "The recent revelation of snooping by the US government is a clear case of intrusion into our privacy. It is absolutely illegal," says 24-year-old IT professional Subodh Gupta.

Anisha Nair, a college student, feels that in the name of curbing terrorism, the US government is "making a mockery of our privacy".

What they say

We spend 30% of our lives on online activities. So our privacy is already out in the open. We shouldn't post all our information online. — Priya Chetty Rajagopal, VP of a recruitment firm

Governments across the world should respect the privacy of netizens. We do a lot of financial and business activities online and if that is open to scrutiny, then it is scary. — Hussain, DJ

It is rather annoying knowing that all my online activities can be accessed by others. I want complete privacy, as far as my online activities are concerned. — Aindrita Ray, actress

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Context and Background

This article appeared three weeks after Edward Snowden disclosed the existence of PRISM, an NSA programme enabling access to user data from technology companies including Google, Facebook, Microsoft and Apple. India was identified as the fifth most-surveilled country under the programme, with over six billion pieces of intelligence collected.

The revelations prompted litigation in India’s Supreme Court challenging the sharing of Indian user data with foreign intelligence agencies. At the time, India lacked comprehensive privacy legislation despite multiple draft bills circulating since 2006. The Privacy Bill referenced in the article had been pending for years without passage, leaving no statutory framework for data protection beyond limited provisions in the Information Technology Act 2000.

Simultaneously, the Indian government was deploying its own Central Monitoring System, which would enable security agencies to intercept communications directly without intermediation by service providers. This domestic surveillance infrastructure received far less public attention than the NSA disclosures, though it raised parallel questions about oversight and accountability. Indian intelligence agencies remained exempt from parliamentary supervision and Right to Information requests, preventing transparency about the scope of domestic surveillance activities.

The policy recommendations outlined in the article—enacting horizontal privacy law, establishing a privacy commissioner, promoting encryption, restricting government use of foreign infrastructure and taking regulatory action against platforms—anticipated debates that would continue for years. India would not enact comprehensive data protection legislation until the Digital Personal Data Protection Act of 2023, a decade after these events.

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