Privacy Blues

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No rumour. This was happening, and it was reported in the papers. Of course they weren't looking for terrorists - that would have been far too useful (at least in terms of priorities) for them. They were looking for obscene MMSes. This was some time after that DPS MMS incident IIRC.

Now do you understand why I oppose such measures? They are more interested in finding porn on your phone (not necessarily just the DPS video, but rather any porn vid or pic) than preventing murders/rape/robberies/traffic accidents. Shows where our priorities lie.
 
I think warrantless eavesdropping will be used mostly for blackmailing instead of catchin criminals.

It takes one terrorist to kill a lot many of people and it takes one pedophile to destroy the lives of hundreds of children.

No offence safin but thatz like saying that the boogeyman is out there and if u dont give up your privacy the boogeyman will get you.

But if in that process there are some false leads, i won't call that privacy violation

You are saying this coz you live in a safe bubble right now. If you are one of those false leeds and the police start blackmailin you, if they get some juicy info abt ur private life, im pretty sure you will sing a different tune

Again the presumption is that you are saying that the people will misuse it in the law enforcement.

The reason i said you live in a safe bubble. The reality is very different. You need new friends, friends who are journalist or crime reporters, im assuming that you get your info from newspapers and news site.
 
Techie sues cell co, police-Bangalore-Cities-The Times of India

This is the sort of thing thats going to happen when the police manages to invade your privacy. That guy is very lucky to have managed to get out of prison alive and that is also because, his case attracted publicity. Otherwise he would have been still rotting in jail or even worse (or you can call it better) killed.

The fact is that there is no proper control and enforcement on the activities of the Indian Police. My Father used to work as a Magistrate and hence I have first hand knowledge of how our Indian Police are. Even now you don't know whether you have to fear the police more or the terrorists themselves.

If you allow the police to invade your privacy just so that they can easily catch criminals, whats going to prevent them from stopping you on the road take your cell phone or laptop, introduce evidence that you are a terrorist and arrest you or even kill you. He might even get a promotion or medal for that. May be they wont frame you, just get your bank details and clean out your account. They will be in control, because if you try to counter, they can just put some false evidence and call you a terrorist and arrest/kill you.

Loosing your privacy is same as loosing your freedom. If you do not value your privacy and freedom, you are nothing. Denying the right to privacy is same as denying the right to freedom and termed as oppression.

Next they may ask you to live in transparent glass houses or put cameras in very room including the toilets so they can monitor for terrorists. That sure is an effective way to find terrorists, but would you be willing to do that.
 
^^And look at the above case. I don't agree with what they arrested him for in the first place. Even if he did defame Shivaji, defamation is not a crime (it is a civil offense, and that is different). BUT, assuming that what was done (by someone, not him), then even following the proper channels (i.e. determining the IP, getting warrants, asking ISP) there was a miscarriage of justice. This is after all the procedures were done correctly. In this case the evidence was bad (not the way it was collected), as was the weight ascribed to it (an IP alone is circumstantial, enough to get a search warrant or an interrogation, but not an arrest). God alone knows what will happen if the evidence is also collected in an uncontrolled fashion.

Rules exist for a reason. They protect the innocent.
 
Totally agree with KingKrool with all points.

Privacy should be respected. Its equal to dignity.

btw, all those with smartphones and pdas, immediately backup your phone contacts and stuff. Now get python. Write a script to delete all that stuff as and when required from the phone and assign a hotkey to it. Encrypt the nasty stuff just to be double sure.

:rofl:

You are now prepared for any eventuality.

You think terrorists and spies haven't thought of this beforehand.

The smart culprits get away all the time.

Its the common man who gets harassed by the good for nothing police.

Those incompetent fools will never learn. Its just another way to leverage the average citizen.
 
I think warrantless eavesdropping will be used mostly for blackmailing instead of catchin criminals.
No. It might be but its used for better reasons also.(the ones i mentioned)
No offence safin but thatz like saying that the boogeyman is out there and if u dont give up your privacy the boogeyman will get you.
You are saying this coz you live in a safe bubble right now. If you are one of those false leeds and the police start blackmailin you, if they get some juicy info abt ur private life, im pretty sure you will sing a different tune
There is one very important point you seem to be missing. I haven't ever said that the Police is doing a remarkable job. If you are to say that the police and some of the lower grade law enforcement agencies are not capable to handle the privacy of users or if their conduct is not very good, i am with you. If you are rejecting the methods per say employed cos they tend to violate privacy, then i don't agree at all as i know they are needed and are useful(extremely useful) in tracking down anti social elements and making us safe.
I actually know that i won't enjoy this if i were caught up with some police barbarism, but again that means you improve knowledge among the police. (Atleast these days police knows a shade better than what they knew 5 years back. I remember they ceased the monitor of baazee.com ceo to prevent data tampering :lol:) I also want to say that such police barbarism(if you wanna call that) can happen anywhere on any pretext and not necessarily due ro your private data being known to them.
I have already mentioned how tough it is to legally tap a phone which is how the law does it and misuse there is very limited.
The reason i said you live in a safe bubble. The reality is very different. You need new friends, friends who are journalist or crime reporters, im assuming that you get your info from newspapers and news site.
Well i happen to know quite a bit about these matters first hand so i don't (thankfully) have to rely on newspapers for them :P
One thing i know for a fact is that most journalists don't know a damn about what's the real story. Their opinions are biased and based on who is telling them what. They print what they think will make sensational news. Some might get it right, most don't. If they talk about secrets or intelligence, they usually get 90% of the things wrong.
If you allow the police to invade your privacy just so that they can easily catch criminals, whats going to prevent them from stopping you on the road take your cell phone or laptop, introduce evidence that you are a terrorist and arrest you or even kill you. He might even get a promotion or medal for that. May be they wont frame you, just get your bank details and clean out your account. They will be in control, because if you try to counter, they can just put some false evidence and call you a terrorist and arrest kill you.
For starters it doesn't happen like that and this is paranoia. FYI to give the example of tapping or even searches, its being done for ages and with very high success rate in thwarting many criminal operations and organizations. The police are controlled by someone you know. Some wild guy doesn't come around framing the people up. You are more likely to be framed by someone you know than by the law. And remember its the black sheeps who get reported. I am not defending them, but your fears on the scale you talking are misplaced.
Next they may ask you to live in transparent glass houses or put cameras in very room including the toilets so they can monitor for terrorists. That sure is an effective way to find terrorists, but would you be willing to do that.
:lol: better yet, they will just kill everyone they think is a suspect. My liking such a proposition depends on whose side i am :lol: (This was gross :P)
The fact is that there is no proper control and enforcement on the activities of the Indian Police. My Father used to work as a Magistrate and hence I have first hand knowledge of how our Indian Police are. Even now you don't know whether you have to fear the police more or the terrorists themselves.
First of all decide what are we arguing here. The police forces. Or the intelligence organizations which inherently use the so called private data. If you are talking about the police, blaming them, i have nothing to say. Average joe in police in our country need to understand a lot of things about privacy. If you are talking about the people who have access to private confidential data or the power to use it, then i disagree wholeheartedly about they being illiterate about these matters and if you ask your father he would also agree ;)
The issue is what and who has access to private data, not if there should be no violation. Privacy will always be violated when you are tracking down criminals and offenders. Without violating someone's privacy no investigation is possible. You should know about this. How does a police investigation work. You isolate suspects. You take search warrants(and sometimes, or most times with our police :lol: without taking one) and get all the info out of suspects. (Aren't you technically violating the privacy of the innocent n-1 suspects?) Now if there is no time, its a major offence or a race against time, police might be forced to resort to random checks. Sometimes there is no choice. If things go wrong they are the ones who are blamed also. You can't have it both ways.

Even if he did defame Shivaji, defamation is not a crime (it is a civil offense, and that is different).
Actually the constitution of India binds Indian citizen to not hurt the feelings of others. Its another matter politicians in some of our Southern states(Northern ones also, the whole breed actually) do it at will with no action, but its a crime for good reason. India's strength is its plurality which is also its biggest weakness. If everyone starts defaming someone else's hero, soon there would be major trouble in our hands. Having said that the punishment for such offences needs a rethink. Agreed there are miscreants who do it deliberately also, but many a time its some kid who does it out of lack of knowledge. Well the only solution is tolerance in such matters.

Now do you understand why I oppose such measures? They are more interested in finding porn on your phone (not necessarily just the DPS video, but rather any porn vid or pic) than preventing murders/rape/robberies/traffic accidents. Shows where our priorities lie.
If they are doing it for finding child porn, i don't have any problem with that. The losers who do and circulate that stuff need to be shot, so the police does a lot better job if they just arrest them(Keeping such material deserves the same hard line, you should know what you have kept on your mobile). Add to that those who shoot candid mms videos and circulate it, dunno about what your priorities are but think of the families affected in those videos(who are the ones that file the complaints and based on that police investigates). If police has leads to some person(S) whom they think is circulating the videos they should search(Actually rape destroys a person once, a mms infact shames a lady endlessly these days, so left to me the candid mms video shooters need a greater punishment than the rapists). (However if that is being done at random to suit their own fancies then i would have a problem with that). And to close off, porn is (rightly or wrongly) banned in India so you very well know you are doing a offence by carrying it around. Whether that should be the case is another debate but it is right now and thats what matters.
 
For starters it doesn't happen like that and this is paranoia. FYI to give the example of tapping or even searches, its being done for ages and with very high success rate in thwarting many criminal operations and organizations. The police are controlled by someone you know. Some wild guy doesn't come around framing the people up. You are more likely to be framed by someone you know than by the law. And remember its the black sheeps who get reported. I am not defending them, but your fears on the scale you talking are misplaced.

Talk about being blind to what is going on..... should I tell you about the shopkeeper in bihar (medium wealth), both of whose sons were killed in a fake encounter because he didn't pay? Don't tell me that cops can't misuse their powers. When that idiot of a Lt Governor in Delhi announced the ID card plans, the Delhi commissioner was next to him. And the simple fact is today the police have a little power, so it is more difficult for them to misuse it. If you give them a lot, there will be more scope for it. It isn't something they all will do, but there are enough rotten apples there. Fact is, some of them will get pulled in involuntarily, and it is best to head that off by making it impossible for them to do anything like that by just not giving them such powers. That is why there are checks and balances in our constitution. You talk of searches and tapping - and those always require warrants! That is the point I'm making. Getting a warrant involves going to a judge and showing him some evidence and cause for suspicion.

Privacy will always be violated when you are tracking down criminals and offenders. Without violating someone's privacy no investigation is possible. You should know about this. How does a police investigation work. You isolate suspects. You take search warrants(and sometimes, or most times with our police without taking one) and get all the info out of suspects. (Aren't you technically violating the privacy of the innocent n-1 suspects?) Now if there is no time, its a major offence or a race against time, police might be forced to resort to random checks. Sometimes there is no choice. If things go wrong they are the ones who are blamed also. You can't have it both ways.

We accept a rule of law, in which you are allowed to violate my privacy to some degree, if you can arrest me and/or get a warrant for searches. That involves talking to a magistrate.

Actually the constitution of India binds Indian citizen to not hurt the feelings of others

Show me enforceable laws in this regard - incitement to violence is the only one that really allows punishment. And you neatly sidestepped the entire point I was making. My point was not about whether that act should or should not be criminal, but about how mistakes are made even when there are checks and balances - the absence of these would make matters much worse.

f they are doing it for finding child porn, i don't have any problem with that. The losers who do and circulate that stuff need to be shot, so the police does a lot better job if they just arrest them(Keeping such material deserves the same hard line, you should know what you have kept on your mobile). Add to that those who shoot candid mms videos and circulate it, dunno about what your priorities are but think of the families affected in those videos(who are the ones that file the complaints and based on that police investigates). If police has leads to some person(S) whom they think is circulating the videos they should search(Actually rape destroys a person once, a mms infact shames a lady endlessly these days, so left to me the candid mms video shooters need a greater punishment than the rapists)

No one here complained against targeted searches. If you have information about rapists/child molestors etc. go and catch them/search them or whatever. But what allows you to search for porn randomly on just anyone's phone?

And to close off, porn is (rightly or wrongly) banned in India so you very well know you are doing a offence by carrying it around

Yeah, well the point is I don't carry porn about on my phone. So how dare they treat me like a criminal and search my phone? Random searches are what are being complained about.

The issues with them searching phones at traffic violation stops are somewhat complicated. On one hand, you have given them a right to stop you (because you violated a traffic law). On the other hand, just about everyone violates a traffic law at some time or the other, so about 99.999% of the people stopped are going to be otherwise innocent of malfeasance... is it really correct to search their phones? It is something that needs thought. I would say that the cops should be allowed to look at stuff in the car which is otherwise displayed prominently enough, but if they can't find anything, that should be all. Let us put it this way - you don't want the cops strip searching you right? On the other hand, if someone has an AK-47 lying on the rear seat, a strip search is very valid :D

There was an interesting case regarding a guy whose laptop was searched in the US. The cops wanted the guy to hand over encryption key. The judges held that the laptop was an extension of his brain in that it contained information he created, said no to turning over the encryption key would not only give them information about the current case (which was ok for the cops to see) but also about any other things he might have done. If they had been able to read that unrelated information in the normal course of investigation (i.e. they legally seized the laptop and there was no encryption) then that would have been fine, as it would have been obtained in the course of a lawful search, even if it was unrelated. But in this case, handing over the encryption key would be requiring him to incriminate himself (as the remaining info not related to the current case might incriminate him) which is against his rights. You have the same right in India btw. "No person can be asked to bear witness against himself".

I bring this case up because it is an interesting take on the law and (among other things) privacy :)
 
blr_p said:
"The famous quote attributed to Benjamin Franklin reads: "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." It's also true that those who would give up privacy for security are likely to end up with neither."
+1 to you for bringing it the forum and +100 to Benjy :)
 
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