QUESTION : In light of the recent issue regarding Spyware Pegasus, examine the privacy and security concerns for India and also suggest a suitable way forward.
Editorial Topic : PEGASUS INQUIRY MUST REVERSE THE ‘CHILLING EFFECT’
WHAT ?
Pegasus Spyware
WHY IN NEWS ?
The revelations about misuse of Pegasus spyware have shaken the world and India has also felt its reverberations. There has not been any investigation on the matter and also a parliament session was allowed to be washed away as discussion on the issue was denied. The issue resembles the Watergate scandal in the 1970s which brought down US President, Richard Nixon.
ABOUT PEGASUS :
- NSO Group , an Israeli cyber security firm founded spyware called as Pegasus in 2010
- Founders of NSO group are from Unit 8200 ,elite defence force of Israel. It is probably the foremost technical intelligence agency and also Israel’s largest military unit
- Any iOS or Android device can be hacked and variety of data can be stolen from infected device using the spyware
- An exploit link is sent to the target user and if the user clicks on the link the code or malware gets installed in the phone which allows complete surveillance
PEGASUS IN 2019 :
- Use of Pegasus to target journalist and human right activists was confirmed by Facebook’s WhatsApp in India
- There was an allegation of target of around 1400 WhatsApp users Pegasus by NSO group
- Human right activists ,lawyers working in tribal areas , an Elgar Parishad case accused, Bhima Koregaon case lawyer etc were some of those who were targeted in India
TYPES OF CYBER ATTACKS :
Malware: It is short for malicious software, refers to any kind of software that is designed to cause damage to a single computer, server, or computer network. Ransomware, Spy ware, Worms, viruses, and Trojans are all varieties of malware.
Phishing: It is the method of trying to gather personal information using deceptive e-mails and websites.
Denial of Service attacks: A Denial-of-Service (DoS) attack is an attack meant to shut down a machine or network, making it inaccessible to its intended users.
o DoS attacks accomplish this by flooding the target with traffic, or sending it information that triggers a crash.
Man-in-the-middle (MitM) attacks: Also known as eavesdropping attacks, occur when attackers insert themselves into a two-party transaction.
o Once the attackers interrupt the traffic, they can filter and steal data.
SQL Injection: SQL stands for Structured Query Language, a programming language used to communicate with databases.
o Many of the servers that store critical data for websites and services use SQL to manage the data in their databases.
o A SQL injection attack specifically targets such kinds of servers, using malicious code to get the server to divulge information it normally wouldn’t.
Cross-Site Scripting (XSS): Similar to an SQL injection attack, this attack also involves injecting malicious code into a website, but in this case the website itself is not being attacked.
o Instead the malicious code the attacker has injected, only runs in the user’s browser when they visit the attacked website, and it goes after the visitor directly, not the website.
Social Engineering: It is an attack that relies on human interaction to trick users into breaking security procedures in order to gain sensitive information that is typically protected.
SURVEILLANCE PROJECTS IN INDIA :
- Central Monitoring System (CMS): A data collection system similar to the NSA’s PRISM program. It enables the Government of India to listen to phone conversations, intercept e-mails and text messages, monitor posts on social networking service and track searches on Google
- DRDO NETRA: Network that is capable of tracking online communications on a real time basis by harvesting data from various voice-over-IP services, including Skype and Google Talk. It is operated by the Research and Analysis Wing.
- NATGRID: An intelligence grid that links the databases of several departments and ministries of the Government of India.
NEED OF THE SURVEILLANCE :
- Surveillance state- when all actions, locations etc. of citizens are surveilled legally by the state to prevent crimes and to solve the cases at faster pace .
- To prevent organized crime – there has been increasing use of media to facilitate organised crime ,provocation of extremism, money laundering etc.
- Combat Terrorism- Surveillance can help in getting prior information about terrorist activities and thus help to counter the potential terror attacks
- Misinformation by Fake News- There have been many incidents of riots, mob lynching due to spread od fake messages across social media platforms.
LAWS FOR SURVEILLANCE IN INDIA :
(1).Telegraph Act (1885)-
- It allows interception of call related to telephonic conversation
- Section 5(2) of act allows central and state agencies to intercept electronic communication in case of any public emergency or to ensure public safety
- According to law, the device can be put under surveillance if officials are satisfied that it is necessary to do so to maintain sovereignty and integrity of country ,security of state, friendly relation with other countries ,public order or prevention of incitement to offence
(2).Indian Telegraph Rules –
- Officers who can order surveillance of messages are identified under Rule 419 A of Telegraph Rules
- Directions of interception can be passed by secretary to government of India in Ministry of Home affairs
- At state level, officer of secretary level who has in charge of home department can pass such orders
- Officer rank of joint secretary duly authorised by union home secretary or state home secretary can under unavailable circumstances issue directions under the rules
(3).Information Technology Act (2000) –
- Section 69 of IT Act and IT Rules, 2009 deal with surveillance of all electronic communications
- Interception, monitoring and decryption of information through any computer resource including mobile phones is authorised to agencies under these provisions
- According to Section 69 of IT Act -sovereignty and integrity of country ,defence of India, security of State, friendly relations with other countries ,public order ,prevention of incitement to any cognizable offence ,investigation of any offence are grounds for which interception can be done by the government agencies
(4).Indian Post Office Act (1898) –
- Central and state governments have power to intercept postal articles for maintenance of public safety as well as in cases of public emergency.
CONCERNS ASSOCIATED WITH STATE SURVEILLANCE :
(1).Freedom of press-
- World press freedom index (2021) by Reporters without Borders has ranked India 142 out of 180 countries
- There is an atmosphere of distrust because safety of journalist as well as their sources is threatened
(2).Chilling effect on right to Freedom of Speech –
- Surveillance can hamper the vital public watchdog role of press which would undermine its ability to provide accurate and reliable information
(3).Right to privacy –
- Puttaswamy judgement in 2017 has made right to privacy sacrosanct and it forms an intrinsic part of right to life and personal liberty under Article 21 of the Indian constitution
- The supreme court also reasoned that there is a positive application on state to protect the privacy of individuals
(4).Lack of oversight mechanism-
- The power goes into hands of executive due to lack of parliamentary or judicial oversight, the disproportionate use of power may lead to spread of authoritarianism
- A review by three member committee consisting of cabinet secretary and two other bureaucrats is the only safeguard mechanism against misuse
(5).Violation of Article 32 and 226 –
- Since there is secrecy involved in surveillance citizens are not able to show their breach of rights hence Article 32 and 226 which empowers Supreme Court and High Court to issue writs is taken away.
WAY FORWARD :
- Role of judiciary- to ensure that due process of law is followed judiciary has to play the role of an oversight mechanism where it can decide the proportionality of cases of surveillance and if alternatives to that are available.
- Fine Balance – there needs to be a balance between the objectives of the Government and the rights of the individuals.
Both security of the nation and fundamental rights granted to the citizens are essentials for a country to work a fine balance between them is the need of hour
- Data protection law- a strong data protection law ensuring right to privacy surveillance protection and unauthorised data collection is of grave importance in this digital era.
- International collaboration would be required to control cross border cases on cyber-security.
- Dedicated surveillance reforms are required.
- Digital literacy should be increased to spread awareness about cyber threats.
CONCLUSION :
Providing as much information on the Pegasus Spyware to software and security vendors can help to fix the vulnerabilities exploited by the attackers. The governments must take measures such that Spyware is not misused by political parties and intelligence institutions.
QUESTION : Engagement of the European Union (EU) in the Indo-Pacific will strengthen regional stability and contribute to regional security in multiple ways. Discuss.
Editorial Topic : THE EU’S ROLE IN THE INDO-PACIFIC
WHAT ?
European Union And Indo-Pacific
WHY IN NEWS ?
Speedy development of the Quad comprising Australia, Japan, India and the U.S.; the emergence of AUKUS comprising Australia, the U.K. and the U.S.; are questioning Europe’s stand in the Indo-Pacific.
- The Indo-Pacific describes the long stretch of tropical waters from the east coast of Africa to the central Pacific.
- Recently the Council of the European Union unveiled the EU strategy for cooperation in the Indo-Pacific.
WHAT IS AUKUS?
- AUKUS will strive over the next 18 months to equip Australia with nuclear propulsion technology.
- As part of this, Australia will acquire nuclear-powered submarines with help from the UK and the US.
- So far, the United States has shared only with the United Kingdom under a decades-old arrangement put together in the face of the threat from the then Soviet Union.
- Australia’s nuclear-powered submarines, when they deploy, will be armed with conventional weapons only and not nuclear weapons
ABOUT EUROPEAN UNION :
- It is a coalition of 27 European countries, designed to tear down trade, economic and social barriers and promote flourishing in these areas.
- Established in 1993, the European Union’s headquarters are currently located in Brussels, Belgium.
- The European Union was founded on November 1, 1993 in Maastricht, Netherlands.
FEATURES OF EU STRATEGY FOR COOPERATION IN INDO-PACIFIC :
- The EU and the Indo-Pacific are “natural partner regions”. The EU is already a significant player in the Indian Ocean littoral states, the ASEAN area and the Pacific Island states, but the strategy aims to enhance the EU’s engagement across a wide spectrum.
- It is defined by principles to defend the “rules-based international order”; promote a level-playing field for trade and investment, Sustainable Development Goals and multilateral cooperation; support “truly inclusive policy-making” encompassing the civil society and the private sector; and protect human rights and democracy.
- Cooperation will be strengthened in sustainable and inclusive prosperity, green transition, ocean governance, digital governance and partnerships, connectivity, security and defence, and human security.
- The EU thus promises to focus on the security and development dimensions of its relationship with the region.
SIGNIFICANCE OF INDO-PACIFIC FOR EUROPE :
- Asia is viewed and evaluated through national and regional perspectives. That is why at least since 2018, countries such as France, the Netherlands, Germany and the U.K. have announced their specific policies towards the Indo-Pacific.
- The European Union (EU) is facing challenges from the rise of China and other Asian economies, the tensions due to China’s aggressiveness along its boundary, and economic consolidation through the Regional Comprehensive Economic Partnership, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
- Better relationships with the Indo-Pacific will help the EU in tackling these challenges.
- As a major economic power, the EU has an excellent chance of success in its trade negotiations with Australia, Indonesia and New Zealand; in concluding discussions for an economic partnership agreement with the East African Community; and in forging fisheries agreements and green alliances with interested partners to fight climate change. To achieve all this and more, EU must increase its readiness to share its financial resources and new technologies with partners.
- India’s pivotal position in the region necessitates a closer India-EU partnership.
o Early conclusion of an ambitious and comprehensive trade agreement and a standalone investment protection agreement will be major steps.
o Cooperation in Industry 4.0 technologies is desirable.
- Consolidating and upgrading defence ties with France, Germany and the U.K. should also remain a significant priority.
CHALLENGES FOR EU :
- The EU’s security and defence capabilities are quite limited, as compared to the U.S. and China.
o To obviate an imbalance in favour of economic links, EU will need to give adequate space and support to France which has sizeable assets and linkages with the Indo-Pacific.
o It also must forge strategic coordination with the U.K. as the latter prepares to expand its role in Asia as part of its ‘Global Britain’ strategy.
- The EU suffers from marked internal divisions. Many states view China as a great economic opportunity, but others are acutely conscious of the China challenge.
o They believe that neither China’s dominance in Asia nor bipolarity leading to a new Cold War will serve Europe’s interests.
- Russia is the more traditional threat. It is increasingly on China’s side.
o Hence, the EU should find it easy to cooperate with the Quad.
- Bitterness with France: However, AUKUS irked France.
Australia told France it would end its contract with state majority-owned DCNS to build 12 of the world’s largest conventional submarines.
o The contract was worth tens of billions of dollars. France is furious and demanding explanations from Australia.
o But endeavours by a part of the western alliance to bolster naval and technological facilities to deal with China should be welcomed. The EU needs an internally coordinated approach.
IMPORTANCE OF INDO-PACIFIC REGION :
- Maintaining regional stability.
- Strong ties with the US are seen as a vital tool for enhancing India’s strategic posture.
- For the long-term vision of national interest.
- China’s increasingly active presence in the Indian Ocean region as well as its efforts to expand geopolitical reach in Asia and beyond by the use of trade and military.
- For adhering to freedom of navigation, adherence to rules-based order and stable trade environment.
- For free sea and air lanes, connectivity and upholding international rules and norms.
ROLE AND IMPLICATIONS FOR INDIA IN INDO-PACIFIC REGION :
- The Indo-Pacific, as described in the National security strategy, represents the most populous and economically dynamic part of the world and stretches from the west coast of India to the western shores of the United States.
- India has always been a country with great national ambitions and is one of the most important advocates of the concept of “Indo-Pacific Strategy”.
- With opening of economy, India has been connecting with its Indian Ocean neighbours and major maritime powers of the world.
CONCLUSION :
The EU can create a vantage position for itself in the Indo-Pacific by being more candid with itself, more assertive with China, and more cooperative with India.
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