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Draft encryption policy: Stands withdrawn in India, but it’s a global problem

The past couple of days have seen a lot of vocal opposition to India’s draft encryption policy. We’re the world’s largest democracy. But there’s one bone of contention that turns freedom into a choice, rather than a right – National Security.

Thanks to Hollywood, the National Security Agency (NSA) of the United States is an important part of popular culture. That’s where you see agents connected to the most powerful and advanced systems around with the capability of looking into the conversations of millions across the nation. Well, we’ve even read reports of the German Chancellor being spied on by the NSA. And that was reality! Only, no one acknowledged. But the Germans knew.
A classic example of NSA governed surveillance would be the 1998 film titled Enemy of the State. The movie depicts a group of NSA agents conspiring to kill a US Congressman and using technology and capabilities at their disposal for a cover-up. That’s the result of too much power in the hands of a few. In the movie, the depiction of the NSA is rather notorious. Fiction aside, the real world scenario isn’t too far off. Thanks to Edward Snowden, the world knows a lot more about surveillance than has ever been possible.
How does one determine what’s detrimental to national security? What stops individuals based on certain characteristics as colour, race, religion or background from being targeted over subjective biases. It isn’t surprising then that research has been done in this area. The measures that hold true in the US, may not, for instance be valid in India.
Pew Research conducted a survey related to the NSA’s surveillance of citizens’ communication in the US. As part of the response group, there was a mix of nationalities from across the globe.
Indians have opposed surveillance in India
Any possibility of surveillance and control by the government has been met with stiff resistance by the Indian audience, and for good reason. In the US, on the other hand, corporates have been fighting back the government to put a hold on the intrusive nature of the NSA. But if the government needs information, then it gets the information.
Whether we like it or not, if the government needs to look into your WhatsApp, Facebook , iPhone or Android communication (not restricted to this list), the government would nudge its way to gain access to it. Even without your will, consent or awareness. All under the garb of national security and counter-terrorism or law and order as India prefers. There’s no way that could be stopped. And in certain cases, probably shouldn’t. It’s been happening across the globe. And though it may not be the ideal way, the question that is raised is whether it’s even legal or ethical?
With the regular stream of terrorist attacks, cyber attacks from international borders, freedom has become very vital. In a highly polarised political spectrum, it only increases in sensitivity. Freedom is the right thing. The real deal. But we need safety, security and assurance that we are, and would continue to live safe lives!
Here are a few observations from the results of the Pew Research Survey.
Freedom is dear to the Greeks!
Greece is consistent across all questions posed by the survey. It is also the birthplace of democracy. Greeks believe every citizen has a right to privacy. When it comes to citizens and leaders alike, Greeks believe overwhelmingly that it is unacceptable to monitor communication. The only area where the numbers fell was on the issue of terrorism.
Pew Research survey - citizens
An overwhelming 97 percent Greeks believe surveillance of citizens is unacceptable. Image: Pew Research
But globally, Indians seem indifferent
In the survey, countries such as Nigeria with an incidence of corruption have voted heavily in favour of surveillance.
Pew Research survey - leaders
52 percent of Americans believe it is acceptable to monitor communication of leaders, compared to 37 percent Indians. Image: Pew Research
Considering, that the perception of corrupt leaders is prevalent in India, it is surprising to see a rather dismal acceptance rate of 37 percent for surveillance of leaders.
So what’s the fundamental question?
How important is privacy? Do we have a right? Are we meant to have liberty and freedom? Or are we subject or an artificially intelligent regime that commands and dictates what we do. The case in India isn’t isolated. India has an interesting set of neighbours. And when it comes to internet freedom, you may compare freedom to free as in Netherlands, or free as in China. They’re the two ends of the spectrum when it comes to freedom online.
Internet freedom
India is currently regarded as ‘Partly Free’ compared to China and Pakistan that is ‘Not Free’. Image: FreedomHouse
What this debate has accomplished is highlighting where we stand globally in terms of freedom. Hopefully, the emphasis on a free internet would continue, thanks to vigilant citizens who are convicted of the need for free speech.
And is freedom a relevant question?
It definitely is. The government has finally decided to scrap the current draft of the national encryption policy as it stands. It is an acknowledgement of the importance of citizen freedom. Earlier this year, Union Minister Ravi Shankar Prasad, during the Net Neutrality debate, categorically highlighted the government’s commitment to a free internet. We hope that stand continues, and reflects in the updated proposal we expect in the future.
Yet, given the reality in developed countries such as the US and Europe, this isn’t an old question and will continue to be a bone of contention between freedom and security for times to come. Probably what it boils down to is whether the people with power could be trusted. What is it that they do with the information they get from us? Keep us safe, or get back at us? As someone once said – “with great power, comes great responsibility!”
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