Supreme Court has appointed a largely technical committee, headed by Justice Ravindran, former SC judge, to investigate the Indian government's usage of Pegasus. I'll be on NDTV at 9pm on this.

A thread (which I'll update through today)
1. National security: SC observed

1/
that "National Security" is not a free pass for the govt to do what it wants. Their alleged usage of Pegasus needs to be investigated. Hence an expert committee

2. Not a govt committee: the court has appointed its own committee and chose not to accept the govts offer of

2/
Constituting its own committee, because the investigation needs to be independent of the govt.

3. Insufficient response: from the govt regarding the allegations made by the petition, despite sufficient opportunity given to the govt by the SC.

4. My take:
4.1 A technical
3/
Analysis will not help, given that Pegasus can cover its tracks easily by deleting itself. The forensics required here need tremendous expertise.

4.2. Thus, above all, we need auditing of govt expenditure. Follow the money. If Pegasus was bought, investigate the money trail.
4/
4.3 Given international developments re Pegasus by various countries the SC had to order a probe. In fact India needs not just to do something, but to be seen to do something

4.4 this is an excellent opportunity to bring our investigating agencies under some kind of oversight
5/
They are currently unaccountable. We need surveillance reform in India.

4.5 The behaviour of the govt was despicable: they refused to confirm or deny the usage of Pegasus. Used "national security" to try avoid scrutiny. Questioned legitimacy and integrity of news reports
6/
4.6 I hope something substantive come from this entire exercise. Often, committees are a mechanism to kick the ball down the road, and then nothing gets done. This is not one such activity, I hope.

More to come.
So I did a short video on the Pegasus issue, about what should happen next and what the committee ought to look at:

Additional points I made yesterday on the NDTV show

4.6 I don't think we should celebrate just yet. While the order makes all the right noises, it really means nothing until the committee gives a recommendation that leads to the govt being held accountable for Pegasus and

9/
There is a verdict from the SC that leads to Surveillance Reform in India.

4.7 There are people who were saying that the Personal Data Protection Bill will help. I don't agree: the last draft we have seen gives sufficient exemption to the govt, and it would not have stopped
10/
Pegasus Surveillance.

4.8 We cannot trust the Indian government when it comes to Privacy and Surveillance. Let's not forget that they had argued that Privacy is NOT a fundamental right. The 9-0 SC judgment that went against the Govt then was a slap in their face.

11/
4.9 This Pegasus case is firstly a test of the Right to Privacy judgment - a judgment that lets the govt off the hook will be a failure of that Judgment. This is also a test for Justice Ravindran and the committee: can they act independently of govt pressure?
12/
4.10 Above all, this case is a test of the Supreme Court of India: can they uphold Fundamental Right to Privacy & protect rights of citizen against a Govt that has gone rogue with unconstitutional surveillance against its own citizens?

We'll find out what the SC is made of here

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More from @nixxin

5 Aug
A war by a government against its own citizens.

Among all the things that were said in the Supreme Court today in the #Pegasus case, this from Shyam Divan really hit home. Especially since Mr. Divan is representing my uncle @JagdeepChhokar.

medianama.com/2021/08/223-pe…

1/
2. Remember that apart from protectors of democracy like him, people targeted for surveillance in this case were Parliamentarians, Journalists & judges.

This is an attack from one pillar of democracy,the Executive,against the other three (Legislature, Media and Judiciary).

2/
So, the Supreme Court must step in to protect the republic and democracy in this country.

We cannot trust the executive, or its agencies, to investigate itself. Perhaps we need the legislature - with more from the opposition, to investigate.
3/
Read 10 tweets
18 Jul
#pegasus 🧵
There is nothing shocking or surprising about governments spying using Pegasus. We've known about Pegasus since at least 2016. First known use in India that we know about was in Bhima Koregaon spying, allegedly by Indian govt.  A few points for your consideration:
1/
1. A govt has used it to spy: Pegasus is sold only to govts. So it would follow that it has been used by a govt against ministers, journalists, opposition leaders, supreme court judges, and many others. This is essentially an attack on our freedoms in india.
2/
2. Pegasus, once installed on our phones, is used to extract all communications (iMessage, WhatsApp, Gmail, Viber, Facebook, Skype) and locations. Remember that content on your phone itself is not secure.
3/
Read 18 tweets
6 Jun
I have a slightly unusual take on the Indian government / @GoI_MeitY 's threat to remove intermediary status for @Twitter if it doesn't comply with the Rules.

Thread 👇
1. An intermediary is an entry which is merely a platform for you & me to publish / transfer info. It does
1/
Not modify the content, so isn't liable. So if I defame you on Twitter, you can't hold Twitter responsible. Unless, under India law, you have actual knowledge. Now the Indian Supreme Court said, on March 24th 2015, that actual Knowledge = court order or govt order.
2/
2. Thus, if Intermediary status is removed, Twitter is liable for this hypothetical defamation suit. Expand that to millions of potentially defamatory tweets, and Twitter won't survive it. So removing intermediary status is a very serious threat. They might as well shut down.

3/
Read 10 tweets
26 May
So WhatsApp has sued the Indian government for imposing the IT Rules 2021. This is probably the most significant privacy case in India, ever since the Right to Privacy case.

Thread on what this is about:
1. WhatsApp uses end to end encryption. This doesn't just mean that they don't know what is in our messages. It also means that they don't know who has sent what message.

The only time they can see the content of the message is when someone marks it as spam,in which case the
1/
user who has marked it as spam unencrypts it for WhatsApp to see.

2. The IT Rules force WhatsApp to change this: the govt has said that it wants WhatsApp to identify the originator of a message (but doesn't want the message content). When this is for law enforcement
2/
Read 8 tweets
25 May
Seeing lots of tweets suggesting that Twitter & Facebook might be banned tomorrow after IT Rules 2021 come into effect.

Some news entities irresponsibility playing on this with alarmist clickbait headlines too
indiatoday.in/technology/new…

This is wrong. I'll explain:

1/
1. IT Rules 2021 are coming into effect tomorrow, and even if the deadline won't get extended, the Govt is unlike to enforce all the provisions & hold platforms to account unless it really needs to, because the platforms could then move court to challenge the guidelines.
2/
The govt wouldn't want to give platforms reason to go to court because these rules are so majorly unconstitutional that they won't want to risk embarassment in courts. The rules are already being challenged on such grounds btw. Need more.

2. Govt was expected to issue a set of
Read 14 tweets
21 May
So, a thread with some context on the Government of India asking Twitter to remove the "Manipulated Media" tag on Sambit Patra's tweet. Story here: medianama.com/2021/05/223-sa…

1. There's no official statement, no copy of the letter sent, but news agencies like ANI and PTI are
1/
reporting it quoting anonymous sources so there seems to be a selective leak. What stops MEITY from publishing its correspondence anyway? Not clear. We'll file RTI's anyway.

2. The government can object all it wants, but exactly what part of India's IT Act allows them to have
2/
this "manipulated media" tag removed? None. Twitter can tag whatever it wants, whoever it wants, whenever it wants. It's their platform. Govt can only request, not order for the tag to be removed AFAIK.

3. There is a suggestion from the ANI tweets that as per MEITY,this puts

3/
Read 11 tweets

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