SC to examine Modi govt's plea for access to Facebook, WhatsApp chats

News Network
October 23, 2019

New Delhi, Oct 23: The Supreme Court of India will examine whether social media intermediaries such as Facebook and WhatsApp should facilitate the government to access encrypted and private conversations of citizens, purportedly to fight crime and terror.

A Bench of Justices Deepak Gupta and Aniruddha Bose on Tuesday transferred to itself several pending cases in various High Courts on the issue and scheduled the hearing for January 2020 last week before an appropriate Bench.

The court is waiting for the Centre to notify the revised Information Technology Intermediaries Guidelines (Amendment) Rules by January 15. These Rules, said the government, were borne out of the present day neeed to usher in a stricter regime and more cooperation to combat the spread of pornography, sedition, hate, fake news, “anti-national activities and terror” online.

Justice Bose said the issue concerned individual privacy versus national interest.

“A terrorist cannot claim privacy,” submitted Attorney General of India K.K. Venugopal, along with Tamil Nadu Advocate General Vijay Narayan and Additional Advocate General Balaji Srinivasan.

Solicitor General of India Tushar Mehta said the government’s move to gain more access into social media was not a “ploy” and was triggered by a deep concern for the sovereignty of the nation. It was stemmed out of national interest.

“The government has no intention to invade the privacy of innocents,” Mr. Mehta said. Intermediaries should cooperate with the government to secure the nation against terror. “Your Lordships have to find a balance between national interest, sovereignty and police investigation with individual privacy.”

Mr. Mehta was reacting to submissions made by senior advocate Shyam Divan, for Internet Freedom Foundation, that the case was momentous and affected personal freedom. “The rights of citizens cannot be trampled upon,” Mr. Divan submitted.

Mr. Venugopal said Parliament had empowered the government through Section 69 (1) of the Information Technology Act to lawfully intercept, monitor and decrypt information through a computer resource if “satisfied that it is necessary or expedient to do so in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence or for investigation of any offence”.

Mr. Venugopal argued, “Now social media intermediaries can’t come into the country and say they can’t allow decryption.”

Justice Gupta remarked that the Section only allowed the government to lawfully decrypt information and did not entail any obligation on the part of the social intermediary concerned.

Mr. Venugopal responded that the government did not want any technical assistance from the intermediary to crack encrypted social media traffic to fight crime. All it wanted was for the online platforms to facilitate access. “They will give us facilities to access the information, to access the entire counter system in which they are recording,” he submitted.

“Not so simple. I don’t have the key,” senior advocate Mukul Rohatgi, for WhatsApp, responded to the argument.

Justice Bose said the hardware may be located outside the country.

“Let them say so, we will take care of that,” Mr. Venugopal replied.

Mr. Rohatgi said the social media intermediaries were under no obligation to disclose details of private accounts. This would breach privacy.

Justice Bose put matters in perspective, saying the social intermediaries could not claim protection under the fundamental rights of 19(1)(a) and (g) — right to free speech and right to practise any profession. “You are not an Indian citizen,” he explained.

“I am not on my protection but on the protection of the rights of my clients [social media account holders],” Mr. Rohatgi clarified.

Govt’s affidavit

In a recent affidavit, the government said Internet had emerged as a potent tool to cause unimaginable disruption to the democratic polity.

The affidavit was explaining to the apex court the need to revise rules to regulate social media intermediaries. The affidavit filed by the Ministry of Information Technology said the regulatory regime required to be ramped up, considering the “ever-growing threats to individual rights and nation’s integrity, sovereignty and security”.

The court hearing was based on a petition filed by Facebook for transfer of pleas concerning the linking of social media accounts to Aadhaar. Facebook and WhatsApp have argued that this would lead to loss of individual privacy. The Tamil Nadu government — one of the cases is pending in the Madras High Court — has argued that social media should be more transparent and cooperative with the police for purposes of crime detection, national security and so on.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
September 25,2024

siddru.jpg

In a significant development, a special court tasked with handling cases against Members of Parliament and Members of Legislative Assemblies (MP/MLAs) has ordered that a First Information Report (FIR) be filed regarding the Muda case.

Additionally, the Karnataka Lokayukta, which is an anti-corruption body, has been tasked with investigating allegations against Siddaramaiah, who is reportedly involved in the case.

The court instructed the Lokayukta (an anti-corruption authority) to provide a report within three months. It also ordered the relevant authorities to file a First Information Report (FIR) regarding the case.

Judge Santhosh Gajanan Bhat issued the directive, compelling the Mysuru Lokayukta police to commence an investigation following a formal complaint lodged by Snehamayi Krishna. 

The Karnataka Lokayukta in Mysuru is required to carry out the investigation under Section 156 (3) of the Criminal Procedure Code, which mandates the registration of a First Information Report (FIR).

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
October 1,2024

siddu.jpg

Mysuru: The Mysuru land authority at the centre of a financial and political storm - involving Chief Minister Siddaramaiah and alleged losses of ₹ 45 crore to the state - has received an offer of restitution from his wife, the urban development body's Commissioner, AN Raghunandan said.

"I am in possession of a letter written by Siddaramaiah's wife regarding her intention to return 14 plots (of land). The Chief Minister's son, Yatindra Siddaramaiah, came to our office and delivered the letter. We will take legal advice for the next step..." he told reporters in Mysuru.

Mr Raghunandan also confirmed anti-corruption officials from the city's Lokayukta branch had written seeking cooperation in its inquiry into the charges against the Chief Minister.

He said the Mysuru Urban Development Authority, or MUDA, "will cooperate with the investigation".

The Enforcement Directorate, however, have not reached out as yet, Mr Raghunandan said. The ED, a federal agency, has filed a money laundering case against Siddaramaiah.

There have also been calls for the CBI, another federal agency, to investigate charges against the Chief Minister, but that appears unlikely now given the Karnataka government has withdrawn general consent for its operations in the state. Law Minister HK Patil made the announcement last week.

He ruled out any link with demands for the Chief Minister to be investigated by the CBI, which reports to the BJP-led central government and the ruling Congress and other opposition parties have claimed is being used by that party to target rival leaders, particularly before elections.

On Monday - three days after the Lokayukta filed a case against the Chief Minister, and hours after the ED launched its probe- Siddaramaiah's wife said she had planned to give up the land earlier but was advised against it the allegations against her husband are "politically motivated".

But now, she said, she had made up her mind as "no house, plot, or wealth is more important than my husband's honor, dignity, and peace of mind". She also said the decision was hers alone; "... I am not aware of my husband's opinion on this matter, nor do I concern myself with what my son thinks".

And, in a comment seen as a calculated swipe at the opposition BJP, which is leading calls for the Chief Minister's resignation, his wife also made an emotional appeal to "all political parties and the media" to "please not drag women of political families into the controversy to settle political scores".

Investigative action against the Chief Minister follows the Karnataka High Court quashing a challenge to Governor Thawar Chand Gehlot's order sanctioning Siddaramaiah's prosecution.

Subsequently a trial court ordered framing of charges and directed the Lokayukta to complete the investigation within three months. The ED case was filed based on the Lokayukta FIR.

Siddaramaiah faces an inquiry into claims Parvathi was allotted 14 plots of land in an upmarket Mysuru area as compensation for land elsewhere - holding a far lower value - taken for infrastructure projects.

The Chief Minister has denied all charges and refused calls to resign.

He has been backed by the Congress and his deputy, DK Shivakumar, who is also the state unit boss, and also by members of his cabinet, including IT Minister Priyank Kharge. However, some within the Congress also want him to quit, such as former Assembly Speaker KB Koliwad.

"I will fight. I am not afraid of anything. We are ready to face the investigation. I will fight this legally," he said last week after the High Court had quashed his challenge to the Governor's sanction.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
September 24,2024

siddaramaiah.jpg

The Karnataka High Court on Tuesday dismissed the petition filed by Chief Minister Siddaramaiah against Governor Thawarchand Gehlot's decision to sanction the complaint and investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam case.

Justice M Nagaprasanna said the facts narrated in the petition would undoubtedly require an investigation.

The court has also said that the Governor's order approving sanction to investigate against Siddaramaiah under section 17A of the Prevention of Corruption Act does not suffer from application of mind, instead has abundance of application of mind.

Meanwhile, the court rejected the request made by senior advocate Abhishek Singhvi to stay the order of the court. The court has vacated the interim order passed on August 19. In the interim order the trial court was directed not to take any precipitative action against Siddaramaiah. On August 17, Governor had approved sanction under section 17 A  of the Prevention of Corruption Act and Section 218 of Bharatiya Nagarik Suraksha Sanhita ( BNSS), citing three applications.

The court said the private complainants were justified in registering the complaint and seeking approval from the governor.

Insofar as private complainants seeking sanction under section 17A, the court said the provision nowhere requires only a police officer to seek sanction from a competent authority. The court further said it is in fact the duty of the private complainants to seek such approval.

Earlier, The High Court had completed its hearing in the case on September 12, and reserved its orders. It had also directed a special court in Bengaluru to defer further proceedings and not to take any precipitative action against the Chief Minister.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.