Indian government has recently drafted Internet Intermediary Rules 2018 that is an open invitation to cyber criminals and crackers to target unaware and innocent Indian computer and Internet users. This is because in order to engage in unconstitutional e-surveillance and snooping in India, the Indian government has taken away rights of cyber crimes and cyber attacks victims to question Internet Intermediary directly. This is so even if the Internet Intermediary has deliberately compromised users privacy, data and cyber security.
As the cyber victims cannot directly confront the Internet Intermediary and Indian judiciary is pro surveillance and anti Human Rights, especially in cyberspace, the situation is really alarming. But the Supreme Court of India would not do what it is actually required to do, i.e. uphold the Rule of Law and Fundamental Rights of Indians.
We saw how Supreme Court favoured unconstitutional e-surveillance and phone tapping in favour of Executive by giving entire control in their hands. India is the only country where surveillance, spying and snooping is done on the basis of Executive action and delegated legislation like Rules. Instead of mandating a judicial order for phone tapping, e-surveillance, Internet and computer search and seizures, etc, Supreme Court has allowed Executive to manage everything in a vague and totally obscure manner.
But the major blow came from the Section 66 A judgement where the Supreme Court of India took away right of the victims to challenge Internet Intermediaries and gave that control in hands of Indian government and judiciary that are committed to violate Civil Liberties of Indians in this Internet era.
Now this vicious circle of surveillance, spying and snooping is complete as the Executive has done what it was hinted to do by supreme Court. Not only Indians cannot challenge the Internet Intermediary for violation of their digital rights but they cannot do anything now once government or its agencies engage in unconstitutional phone tapping, Internet surveillance and social media censorship. All thanks to our Supreme Court that has compromise Rule of Law and Indian Constitution.
So if Executive, Judiciary and Parliament have failed Indians what can they do? They should not give away their Fundamental Rights so easily and start their own methods and mechanisms to fight again unconstitutional acts of Executive, Judiciary and Parliament.
We at Perry4Law Techno Legal Base (PTLB) have launched an online platform that can be used to file complaints against any person or company who is not respecting your digital rights. We are also devising methods to make search engines like Google and social media companies like Facebook, Twitter, etc liable in other jurisdictions as well.