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  • Don’t Pay, Just Study | Complete Physical Geography With Radhika Mam’ | Habitat free sessions

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  • Surveillance Laws in India and Individual Privacy

    After alleged WhatsApp snooping cases the government has claimed that all interception in India takes place lawfully.

    Try this question in the comment box:

    Q.There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Critically comment with respect to individual privacy and surveillance laws in India. (250W)

    What are the laws covering surveillance in India?

    Communication surveillance in India takes place primarily under two laws:

    1. Telegraph Act, 1885: It deals with interception of calls.
    2. Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.

    [I] Telegraph Act, 1885

    • Call interception: Under Section 5(2) of this law, the government can intercept calls only in certain situations.
    • For sovereignty: They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
    • Free speech restrictions: These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
    • Exceptions for journalists: A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.

    Supreme Court intervention

    • In Public Union for Civil Liberties v Union of India (1996), the Supreme Court pointed out the lack of procedural safeguards in the provisions of the Telegraph Act.
    • The court noted that authorities engaging in interception were not even maintaining adequate records and logs on an interception.
    • It noted that- tapping is a serious invasion of an individual’s privacy.
    • The Supreme Court’s guidelines formed the basis of introducing Rule 419A in the Telegraph Rules in 2007 and later in the rules prescribed under the IT Act in 2009.
    • Rule 419A states that a Secretary in the MHA can pass orders of interception in the case of the Centre, and a secretary-level officer who is in charge of the Home Department can issue such directives in States.

    [II] IT Act, 2000

    • Electronic surveillance: Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
    • Data interception: Under the IT Act, all electronic transmission of data can be intercepted.
    • Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.

    Identifying the gaps

    • In 2012, the Planning Commission was tasked with identifying the gaps in laws affecting privacy.
    • It pointed out divergence in-laws on permitted grounds, “type of interception”, “granularity of information that can be intercepted”, the degree of assistance from service providers, and the “destruction and retention” of intercepted material.
    • Although the grounds of selecting a person for surveillance and the extent of information gathering have to be recorded in writing, the wide reach of these laws has not been tested in court against the cornerstone of fundamental rights.

    Only inference: Right to Privacy is not absolute

    • Only in such exceptional circumstances, however, can an individual’s right to privacy be superseded to protect the national interest.
    • In today’s times, when fake news and illegal activities such as cyber terrorism on the dark web are on the rise, the importance of reserving such powers to conduct surveillance cannot be undermined.

    What is our concern?

    • For Pegasus-like spyware to be used lawfully, the government would have to invoke both the IT Act and the Telegraph Act.
    • There is no comprehensive data protection law leaving ambiguities over several laws.
    • A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.

    What should be the basis for surveillance?

    • There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities.
    • Any action without such evidence or basis would be struck down by courts as arbitrary, or invasive of one’s right to privacy.
    • Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens’ privacy and make India a surveillance state.

    Way forward

    • The security of a device becomes one of the fundamental bedrock of maintaining user trust as society becomes more and more digitized.
    • There is an urgent need to take up this issue seriously by constituting an independent high-level inquiry with credible members and experts that can restore confidence and conduct its proceedings transparently.

    Conclusion

    • We must recognize that national security starts with securing the smartphones of every single Indian by embracing technologies such as encryption rather than deploying spyware.
    • This is a core part of our fundamental right to privacy.
    • This intrusion by spyware is not merely an infringement of the rights of the citizens of the country but also a worrying development for India’s national security apparatus.

    Back2Basics: Right to Privacy

    • Right to Privacy can be defined as:
    1. a right to be let alone;
    2. the right of a person to be free from any unwarranted publicity;
    3. the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
    • Article 21 states that “No person shall be deprived of his life or personal liberty.
    • The right to privacy is not enumerated as a Fundamental Right in the Constitution of India.
    • After reading Article 21, it has been interpreted that the term ‘life’ includes all those aspects of life which go to make a man’s life meaningful, complete, and worth living.
    • The scope of this right first came up for consideration in Kharak Singh’s Case which was concerned with the validity of certain regulations that permitted surveillance of suspects.
    • The 1978’s judgment in Maneka Gandhi Case established the new doctrine that the distinct fundamental rights are not carved out from each other but overlap paving way for the Right to Privacy.
    • The latest interpretation included the Naz Foundation Case (2009) in which Delhi HC gave the landmark decision on consensual homosexuality.

  • RBI working towards ‘phased introduction’ of Digital Rupee

    The Reserve Bank of India (RBI) is working toward a “phased implementation strategy” of a Central Bank Digital Currency (CBDC).

    Do you know?

    China’s digital RMB was the first digital currency to be issued by a major economy.

    Central Bank Digital Currency (CBDC)

    • The phrase CBDC has been used to refer to various proposals involving digital currency issued by a central bank.
    • They are also called digital fiat currencies or digital base money.
    • The present concept of CBDCs was directly inspired by Bitcoin, but a CBDC is different from virtual currency and cryptocurrency.
    • Cryptocurrencies are not issued by a state and lack the legal tender status declared by the government.

    Why India needs a digital rupee?

    • Online transactions: India is a leader in digital payments, but cash remains dominant for small-value transactions.
    • High currency in circulation: India has a fairly high currency-to-GDP ratio.
    • Cost of currency management: An official digital currency would reduce the cost of currency management while enabling real-time payments without any inter-bank settlement.

    Features of CBDC

    • High-security instrument: CBDC is a high-security digital instrument; like paper banknotes, it is a means of payment, a unit of account, and a store of value.
    • Uniquely identifiable: And like paper currency, each unit is uniquely identifiable to prevent counterfeit.
    • Liability of central bank: It is a liability of the central bank just as physical currency is.
    • Transferability: It’s a digital bearer instrument that can be stored, transferred, and transmitted by all kinds of digital payment systems and services.

    Various benefits offered

    • It is efficient than printing notes (cost of printing, transporting, and storing paper currency)
    • It reduces the risk of transactions
    • It makes tax collection transparent
    • Prevents money laundering

  • Species in news: Great Indian Bustards

    The Environment Ministry has informed the Parliament that there were no Great Indian Bustards (GIB) left in Kutch Bustard Sanctuary (KBS) in Gujarat’s Kutch district.

    Great Indian Bustards

    • GIBs are the largest among the four bustard species found in India, the other three being MacQueen’s bustard, lesser florican, and the Bengal florican.
    • GIBs’ historic range included much of the Indian sub-continent but it has now shrunken to just 10 percent of it. Among the heaviest birds with flight, GIBs prefer grasslands as their habitats.
    • GIBs are considered the flagship bird species of grassland.

    On the brink of extinction

    • The GIB population in India had fallen to just 150.
    • Pakistan is also believed to host a few GIBs and yet openly supports their hunting.

    Protection accorded

    • Birdlife International: uplisted from Endangered to Critically Endangered (2011)
    • Protection under CITES: Appendix I
    • IUCN status: Critically Endangered
    • Protection under Wildlife (Protection) Act: Schedule I

    Threats

    • Overhead power transmission
    • Poor vision: Due to their poor frontal vision, can’t detect powerlines in time and their weight makes in-flight quick maneuvers difficult.
    • Windmills: Coincidentally, Kutch and Thar desert are the places that have witnessed the creation of huge renewable energy infrastructure.
    • Noise pollution: Noise affects the mating and courtship practices of the GIB.
    • Changes in the landscape: by way of farmers cultivating their land, which otherwise used to remain fallow due to frequent droughts in Kutch.
    • Cultivation changes: Cultivation of cotton and wheat instead of pulses and fodder are also cited as reasons for falling GIB numbers.

    Supreme Court’s intervention

    • The Supreme Court has ordered that all overhead power transmission lines in core and potential GIB habitats in Rajasthan and Gujarat should be undergrounded.
    • The SC also formed a three-member committee to help power companies comply with the order.

    Conservation measures

    • In 2015, the Central government launched the GIB species recovery program.
    • Under the program, the WII and Rajasthan Forest departments have jointly set up conservation breeding centers where GIB eggs are harvested from the wild.
    • They have been incubated artificially and hatchlings raised in a controlled environment.

    Answer this PYQ in the comment box:

    Q.Consider the following pairs:

    Protected Area :: Well-known for

    1. Bhiterkanika, Odisha — Salt Water Crocodile
    2. Desert National Park, Rajasthan — Great Indian Bustard
    3. Eravikulam, Kerala — Hoolock Gibbon

    Which of the pairs given above is/are correctly matched? (CSP 2014)

    (a) 1 only

    (b) 1 and 2

    (c) 2 only

    (d) 1, 2 and 3

  • Pegasus scandal and implications for privacy

    Context

    The Pegasus spyware, created by NSO Group in Israel has created a political storm in India over its alleged use by the government.

    About the Pegasus spyware controversy

    • It uses a “zero-click” attack which allows the device to be taken over remotely by exploiting software and hardware vulnerabilities.
    • The Israeli Defence Ministry’s stated that Pegasus and other cyber products are exported “exclusively to government entities” and are only for the purpose of preventing and investigating crime and counter terrorism.
    • Pegasus has been used to illegally hack into people’s lives and to obtain private information outside the boundaries of the law.
    • Those who were supposedly targeted range from the uppermost echelons of the judiciary, Opposition party leaders, activists and journalists.

    How it harms freedoms and rights guaranteed by the Constitution

    • A person has the basic fundamental rights of liberty, privacy, speech and expression amongst others.
    • These rights go hand in hand with each other.
    • The alleged use of Pegasus to illegally hack into persons’ lives, listen in on private conversations, to thereafter use this private information against said persons in hope of gaining undue advantage, are all outside the boundaries of the law.
    •  Surveillance on this level would have the effect of instilling fear and directly hampering a person’s ability to freely make their own decisions.
    • The effect is that a person does not have the freedom to think, to speak or even be in the privacy of their own homes.

    Legal provisions for surveillance

    • In December 2018, the government authorised 10 security and intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received or stored in any computer resource.
    • The authorisation is required before any of the 10 notified agencies can intercept, monitor or decrypt any information.
    • This and other grounds are being taken by the government before the Supreme Court to defend its stance.
    • The Data Protection Bill (yet to be passed by Parliament) offers no protection in respect of surveillance. 
    • Sections 43 and 66 of the Information Technology Act, 2000 criminalise hacking.

    Conclusion

    The majority is not always right. A democracy has the indelible right to question, to demand answers and explanations. The government has many questions to answer and steps to take to protect the rights and freedoms of its citizens.

    Back2Basics: Zero-click attack

    • A zero-click attack is a remote cyber attack which does not require any interaction from the target to compromise it.
    • Pegasus spyware eliminates the need for human errors to compromise a device and instead relies on software or hardware flaws to gain complete access to a device.
    • Zero-click attacks occur only when an attacker is able to takeover a device remotely after successfully exploiting vulnerabilities in the software and hardware of the phone.
    • To make this kind of attack successful, an attacker needs to exploit flaws in a device, whereas spear phishing is a social engineering attack.

  • Nord Stream 2 Pipeline Project

    The US, which had previously imposed sanctions to prevent the completion of a major new gas pipeline between Russia and Germany, has now signaled its approval for the project.

    Nord Stream 2 Pipeline

    • It is a system of offshore natural gas pipelines running under the Baltic Sea from Russia to Germany.
    • It includes two active pipelines running from Vyborg to Lubmin near Greifswald forming the original Nord Stream, and two further pipelines under construction running from Ust-Luga to Lubmin termed Nord Stream 2.
    • In Lubmin the lines connect to the OPAL line to Olbernhau on the Czech border and to the NEL line to Rehden near Bremen.
    • The first line Nord Stream-1 was laid and inaugurated in 2011 and the second line in 2012.
    • At 1,222 km in length, Nord Stream is the longest sub-sea pipeline in the world, surpassing the Langeled pipeline.

    Why is the pipeline controversial?

    • The US believed that the project would increase Europe’s dependence on Russia for natural gas.
    • Currently, EU countries already rely on Russia for 40 percent of their gas needs.
    • The project also has opponents in eastern Europe, especially Ukraine, whose ties with Russia have seriously deteriorated in the aftermath of the Crimean conflict in 2014.
    • There is an existing land pipeline between Russia and Europe that runs through Ukraine.
    • The country feels that once Nord Storm 2 is completed, Russia could bypass the Ukrainian pipeline, and deprive it of lucrative transit fees of around $3 billion per year.
    • Ukraine also fears another invasion by Russia once the new pipeline is operational.

  • Microplastics Pollution in Ganga

     

    The Ganga is heavily polluted with microplastics at Varanasi, Haridwar, and Kanpur, Delhi-based non-profit Toxics Link claimed.

    What are Microplastics?

    • Microplastics are plastics that are less than 5 mm in size but are a major source of marine pollution.
    • Untreated sewage from many cities along the river’s course, industrial waste, and religious offerings wrapped in non-degradable plastics pile pollutants into the river as it flows through several densely populated cities.
    • The plastic products and waste materials released or dumped in the river break down and are eventually broken down into microparticles.
    • The rivers finally transport significantly large quantities downstream into the ocean, which is the ultimate sink of all plastics being used by humans.

    Microplastics in Ganga

    • They are non-degradable plastics that often entered the Ganga through industrial waste or packaging of religious offerings, its research found.
    • The density of population in the three cities also added to the problem because a large chunk of pollutants got directly discharged into the river by people living on the banks.
    • Among the three cities, the Toxics Link’s study found that sites at Varanasi showed the maximum load of microplastics in the water of the Ganga, as compared to the other two cities.
    • This might be due to cumulative downstream pollution as well as industrial and human activities.

    On a global high

    • The researchers tried to compare the microplastics concentration in Ganga water with similar studies on other rivers across the globe.
    • It included the Rhine in Europe, the Patapsco, Magothy, Rhode in North America, and the Elqui, Maipo, Biobio, and Maule in South America.
    • They found the Ganga microplastics pollution was much higher.
    • This was in spite of a higher per capita consumption of plastic in the European countries, North and South America, as compared to India.

    How does it impact people?

    • The Ganga is a source of water for not just drinking and bathing purposes but also for irrigation to a large extent.
    • Microplastics in river water, if ingested in humans or other organisms, can cause toxicity through various means.
    • Not only are these microplastics toxic themselves, they also have a tendency to absorb various toxins present in water, including harmful chemicals.
    • Although some of the effects of microplastics on public health are understood, a lot still needs to be done.

    Answer this PYQ in the comment box:

    Q. Why is there a great concern about the ‘microbeads’ that are released into the environment? (CSP 2019)

    (a) They are considered harmful to marine ecosystems.

    (b) They are considered to cause skin cancer in children.

    (c) They are small enough to be absorbed by crop plants in irrigated fields.

    (d) They are often found to be used as food adulterants.

  • [pib] India improves score in Ease of Cross-Border Trade

    As per the latest UN Global Survey on Digital and Sustainable Trade Facilitation, India’s rank moved up from 78.49% in 2019 to 90.32% in 2021.

    About the Survey

    • The Global Survey on Digital and Sustainable Trade Facilitation is conducted every two years by UNESCAP.
    • The 2021 Survey includes an assessment of 58 trade facilitation measures covered by the WTO’s Trade Facilitation Agreement.
    • The Survey is keenly awaited globally as it evidences whether or not the trade facilitation measures being taken have the desired impact and helps draw comparison amongst countries.
    • A higher score for a country also helps businesses in their investment decisions.

    Global performance

    • Among developed countries, Australia, New Zealand, Netherlands, Japan, and Belgium have scored more than 93%.
    • In South Asia, Bangladesh and Sri Lanka were behind India with a score of 64.5% and 60.2%, the survey showed.

    India’s improvement

    • India has scored 90.32% in United Nation’s Economic and Social Commission for Asia Pacific’s (UNESCAP) latest Global Survey on Digital and Sustainable Trade Facilitation.
    • The Survey hails this as a remarkable jump from 78.49% in 2019.

    India’s significant improvement in the scores on all 5 key indicators, as follows:

    1. Transparency:100% in 2021 (from 93.33% in 2019)
    2. Formalities: 95.83% in 2021 (from 87.5% in 2019)
    3. Institutional Arrangement and Cooperation: 88.89% in 2021 (from 66.67% in 2019)
    4. Paperless Trade: 96.3% in 2021 (from 81.48% in 2019)
    5. Cross-Border Paperless Trade: 66.67% in 2021 (from 55.56% in 2019)
    • The Survey notes that India is the best-performing country when compared to the South and southwest Asia region (63.12%) and the Asia Pacific region (65.85%).
    • The overall score of India has also been found to be greater than many OECD countries including France, UK, Canada, Norway, Finland etc. and the overall score is greater than the average score of EU.
    • India has achieved a 100% score for the Transparency index and 66% in the “Women in trade” component.

  • [pib] Bhartiya Prakritik Krishi Padhati (BPKP)

    The Union Minister of Agriculture has provided useful information regarding the Bhartiya Prakritik Krishi Padhati (BPKP).

    Bhartiya Prakritik Krishi Padhati (BPKP)

    • Natural farming is promoted as BPKP under a centrally sponsored scheme- Paramparagat Krishi Vikas Yojana (PKVY).
    • The scheme mainly emphasizes the exclusion of all synthetic chemical inputs and promotes on-farm biomass recycling.
    • It stresses biomass mulching; use of cow dung-urine formulations; plant-based preparations and time to time working of soil for aeration.
    • Under BPKP, financial assistance of Rs 12200/ha for 3 years is provided for cluster formation, capacity building, and continuous handholding by trained personnel, certification, and residue analysis.

    About Paramparagat Krishi Vikas Yojana

    • “PKVY” is an elaborated component of Soil Health Management (SHM) of the major project National Mission of Sustainable Agriculture (NMSA).
    • Under PKVY Organic farming is promoted through the adoption of the organic village by cluster approach and PGS certification.

    The Scheme envisages:

    • Promotion of commercial organic production through certified organic farming.
    • It will raise farmer’s income and create a potential market for traders.

    Program implementation

    • Fifty or more farmers will form a cluster having 50 acres of land to take up the organic farming under the scheme.
    • In this way, during three years 10,000 clusters will be formed covering a 5.0 lakh acre area under organic farming.
    • There will be no liability on the farmers for expenditure on certification.
    • Every farmer will be provided Rs. 20,000 per acre in three years for the seed to harvesting crops and to transport produce to the market.
    • Organic farming will be promoted by using traditional resources and organic products will be linked with the market.
    • It will increase domestic production and certification of organic produce by involving farmers.

    Answer this PYQ in the comment box:

    Q.With reference to organic farming in India, consider the following statements:

    1. ‘The National Programme for Organic Production (NPOP) is operated under the guidelines and directions of the Union Ministry of Rural Development.
    2. ‘The Agricultural and Processed Food Products Export Development Authority (APEDA) functions as the Secretariat for the implementation of NPOP.
    3. Sikkim has become India’s first fully organic State.

    Which of the above statements is/are correct? (CSP 2018)

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

  • Open Network for Digital Commerce could disrupt India’s e-commerce space

    Context

    The Department for Promotion of Industry and Internal Trade (DPIIT) recently issued orders appointing an advisory committee for its Open Network for Digital Commerce (ONDC) project.

    About ONDC project

    • The Open Network for Digital Commerce (ONDC) project aims to make e-commerce processes open-source.
    • In simple terms, it aims at creating a platform that can be utilised by all online retailers.
    • This is another effort by the government to facilitate the creation of shared digital infrastructure, as it has previously done for identity (Aadhaar) and payments (Unified Payments Interface).
    • It will digitise e-commerce value chains, standardise operations, promote inclusion of suppliers, and derive efficiencies in logistics.

    What are its advantages?

    • Level playing field: When done well, this approach can level the playing field and create value for users. 
    • Curb monopoly: The market is dominated by a few players who are facing investigations for unfair trade practices in many countries.
    • Prevent market failure: The sector is characterised by many small players who individually do not have the muscle to have an equitable bargain with e-commerce companies.
    • Economists call this a “market failure”, and it presents a legitimate case for intervention.

    The three layers of an open digital ecosystem and their conceptual framework for adoption and safeguards

    1) Tech layer

    • The “tech layer” should be designed for minimalism and decentralisation.
    • The government should restrict its role to facilitating standards and protocols that provide open access, and in getting them adopted organically.
    • Building an entire tech platform should happen only if a standards-based approach doesn’t suffice.
    • If built, the platform should be built on “privacy by design” principles.
    • It should collect minimal amounts of data (especially personal data) and store it in a decentralised manner.
    • Tools like blockchain could be used to build technical safeguards that cannot be overridden without active consent.

    2) Governance layer

    • Avoid excessive government intervention: The “governance layer” around this should allay business fears of excessive state intervention in e-commerce.
    • Legal provision: Any deployment of standards or tech should be accompanied by law or regulation that lays out the scope of the project.
    • Independent regulator for personal data: If collection of any personal data is required, passing the data protection bill and creating an independent regulator should be a precondition.
    • Handling by independent society: To assure the industry of fairness, the government could hand over the stewardship of the standards or platform to an independent society or non-profit.

    3) Community layer

    • A community layer can foster a truly inclusive and participatory process.
    • This may be achieved by making civil society and the public active contributors and seeking wide feedback on drafts of the proposal.
    • Once the framework is implemented, ensuring quick and time-bound redressal of grievances will help build trust in the system.

    Concerns with government creating shared digital infrastructure

    • This approach also comes with risks and we should tread with caution.
    • In general, governments should intervene in markets only when there is a clearly identifiable market failure or massive societal benefits from creating shared infrastructure.

    Way forward

    • The government’s championing of open-source technology for digital commerce is commendable.
    • It should also push the envelope on the other principles of the open-source movement — transparency, collaboration, release early and often, inclusive meritocracy, and community.
    • Even if we do all things right, an infrastructure-led approach may not be sufficient.
    • Therefore, we need to supplement infrastructure with tightly-tailored regulation.
    • We need to explore the concept of interoperability, that is, mandating that private digital platforms like e-commerce firms enable their users and suppliers to solicit business on other platforms.
    • To drive the adoption of an open e-commerce platform in a sector with entrenched incumbents we need to create “reference applications”, and financial or non-financial incentives.
    • Useful learnings can be drawn from the adoption of UPI: The government supported the rollout of BHIM as a reference app, and offered incentives.

    Consider the question “How the Open Network for Digital Commerce project can help deal with the issues with the e-commerce sector? Suggest the approach the project should adopt to make it a success.”

    Conclusion

    It is timely that India is exploring innovative ways to bridge the gaps in e-commerce markets. But the boldness of this vision must be matched by the thoughtfulness of the approach.

    Back2Basics: What is ‘Privacy by Design?

    • Privacy by design is a concept that integrates privacy into the creation and operation of new devices, IT systems, networked infrastructure, and even corporate policies.
    • Developing and integrating privacy solutions in the early phases of a project identifies any potential problems at an early stage to prevent them in the long run.

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