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OC BIHAR POLL: IT’S THE BIG BJP ARE HEALTH ID CARDS UPHILL FOR TEJASHWI RESHUFFLE GOOD FOR YOU? www.indiatodaay.iin OCTOBEROCTO 12, 2020 `75 REGISTERED NO. DL(ND)-11/6068/2018-20; U(C)-88/2018-20; LICENSED TO FARIDABAD/05/2020-22 POST WITHOUT PREPAYMENT REGISTERED NO. RNI NO. 28587/75 RNI NO. WHATSAPP HOW PRIVATE? EVERYTHING YOU NEED TO KNOW ABOUT HOW THE PHONE MESSAGING SERVICE CAN BE TAPPED, CLONED OR HACKED AND WHAT YOU CAN DO TO PROTECT YOURSELF FROM THE EDITOR-IN-CHIEF hile the nation was transfixed by the soap opera wants to tap you, it will. Privacy activists believe these agencies of the investigation into the suspicious death of have sweeping powers to track people online, read their mes- actor Sushant Singh Rajput, a collateral issue sages, intercept their phone conversations and monitor their web W started playing out simultaneously. Besides the browsing histories without warrants or independent oversight. personal interrogations, most of the evidence in the case is in Electronic evidence is admissible in courts if accompanied with a the form of WhatsApp chats of persons close to Rajput and certificate that such evidence has not been modified. a chain of others on the issue of the consumption and supply A range of sophisticated digital tools makes it easier for agen- of drugs. Regrettably, the enforcement agencies chose to leak cies to harvest data from phones and storage devices. This has these conversations selectively to the media, which, in turn, often helped law agencies solve what seemed like uncrackable built a whole narrative of lawbreaking with par- cases. The NIA recently pieced together a moun- tial evidence even before the case is registered. tain of digital evidence from the partially dam- This was not an isolated incident. Last month in aged mobile phone of Pakistani national Umar Delhi, chat transcripts of 15 persons charged by Farooq, to conclude that he was the mastermind the police for organising the Delhi riots in Feb- of the suicide bombing attack in Pulwama on ruary this year were again leaked to the media. February 14, 2019. All this has got people wondering how secure they can really feel about the privacy of their et, the alarming rate at which law enforce- phone conversations—particularly on What- Yment agencies are accessing and using sapp. Over 400 million Indians use this popular WhatsApp chats as incriminating evidence is messaging service. The country is its largest making users wary. This has raised concerns customer base in the world. We make up close to Our September 27, 2004 cover about privacy which the Supreme Court has de- one-fourth of the 2 billion user base of the app, clared a fundamental right of the citizen. It has owned by social media giant Facebook. A con- once again fuelled the demand for an effective venience tool, Whatsapp has been in India for and comprehensive law on data protection and over a decade, bringing people and communities privacy. India currently has no such laws to pro- closer and allowing them to share text, voice and tect individual privacy, and with multiple agen- video messages and photographs. It has become cies authorised to snoop on smartphones, we run the preferred way to speedily disseminate infor- the risk of becoming a surveillance state. A Joint mation, especially during unprecedented situa- Parliamentary Committee is examining the tions like the pandemic and the lockdown. But, proposed Personal Data Protection Bill, 2019, as is the case with all technology, it has a darker set to be tabled this winter session of Parliament. side. Two years back, video rumours about child Our April 9, 2018 cover Once passed, the bill will restrict the collection lifters triggered random acts of mob violence of digital evidence by allowing law enforcement across the country in which 30 innocent persons agencies to get only specific information for were killed. Last year, there were reports of investigating crimes. several WhatsApp accounts being compromised Our cover story, written by Deputy Editor by hackers using the spyware Pegasus. Kaushik Deka, looks at the issues the leaking of Besides the state police, 10 central agencies private phone chats has thrown up and privacy are presently empowered to intercept, monitor implications. He examines the technical and and decrypt communications. They include the legal aspects and the moral and ethical issues Intelligence Bureau, Central Bureau of Inves- of tapping private chats. Sure, you cannot cite tigation, Enforcement Directorate, Narcotics privacy as your fundamental right to hide crim- Control Bureau, Central Board of Direct Taxes, inality. Still, there needs to be a system with Our July 23, 2018 cover Directorate of Revenue Intelligence, National oversight that governs the collection of such evi- Investigation Agency, Research & Analysis dence and maintains a balance between privacy Wing, Directorate of Signal Intelligence and the concerns and the need to gather evidence. Delhi police commissioner. Under Section 5 of the Telegraph Cyberlaw expert Pavan Duggal offers us a useful reminder. Act, 1885, the Union home secretary and the home secretary of “The internet as a paradigm,” he says, “never sleeps, and the a state can order interception in the interests of the sovereignty internet as a phenomenon never forgets. Every activity we do and integrity of the country or for preventing incitement to online leaves behind an electronic footprint, which can be used an offence. In exceptional circumstances, a duly authorised against us.” So, tread carefully in the digital world. officer of joint secretary rank or above can also issue such an order. There are other safeguards for review but all within the bureaucracy. There is no independent review outside that. Considering how compliant the bureaucracy has become to its political masters, the chances are that if the government (Aroon Purie) OCTOBER 12, 2020 INDIA TODAY 3 UPFRONT LEISURE LADAKH: HIGH-ALTITUDE GAMING IN INDIA IS SHADOWBOXING PG 6 LEVELLING UP PG 51 www.indiatoday.in HATHRAS RAPE: Q&A WITH CHAIRMAN AND EDITOR-IN-CHIEF: Aroon Purie THE UNANSWERED CARRYMINATI VICE CHAIRPERSON: Kalli Purie QUESTIONS PG 10 INSIDE PG 56 GROUP EDITORIAL DIRECTOR: Raj Chengappa GROUP CREATIVE EDITOR: Nilanjan Das; GROUP PHOTO EDITOR: Bandeep Singh MANAGING EDITORS: Kai Jabir Friese, Rajesh Jha EXECUTIVE EDITORS: S. Sahaya Ranjit, Sandeep Unnithan, Manisha Saroop; MUMBAI: M.G. Arun SENIOR DEPUTY EDITORS: Uday Mahurkar, HYDERABAD: Amarnath K. Menon DEPUTY EDITORS: Kaushik Deka, Shwweta Punj 18 SENIOR EDITORS: Sasi Nair, Anilesh S. Mahajan MUMBAI: Suhani Singh; JAIPUR: Rohit Parihar SENIOR ASSOCIATE EDITORS: Ashish Mukherjee MUMBAI: Kiran Dinkar Tare; PATNA: Amitabh Srivastava ASSOCIATE EDITORS: Sonali Acharjee KOLKATA: Romita Sengupta; BHOPAL: Rahul Noronha ASSISTANT EDITORS: Zinnia Ray Chaudhuri, Aditya Wig PHOTO DEPARTMENT: Yasir Iqbal (Deputy Chief Photographer), Rajwant Singh Rawat (Principal Photographer), Chandra Deep Kumar (Senior Photographer); MUMBAI: Mandar Suresh Deodhar (Chief Photographer) PHOTO RESEARCHERS: Prabhakar Tiwari (Chief Photo Researcher), Saloni Vaid (Principal Photo Researcher), CHIEF OF GRAPHICS: Tanmoy Chakraborty ART DEPARTMENT: Sanjay Piplani (Senior Art Director); Angshuman De (Art Director); Devajit Bora (Deputy Art Director); Vikas Verma (Associate Art Director); Siddhant Jumde (Senior Illustrator) PRODUCTION DEPARTMENT: Harish Agarwal (Chief of Production), Naveen Gupta (Chief Coordinator) CHIEF OPERATING OFFICER: Manoj Sharma ASSOCIATE PUBLISHER: Anil Fernandes (Impact) IMPACT TEAM Senior General Manager: Jitendra Lad (West) General Manager: Mayur Rastogi (North), COVER STORY by Illustration Upendra Singh (Bangalore), Kaushiky Gangulie (East) GROUP CHIEF MARKETING OFFICER: Vivek Malhotra SALES AND OPERATIONS Deepak Bhatt, Senior General Manager (National Sales) HOW PRIVATE IS YOUR CHAT? Vipin Bagga, General Manager (Operations) Rajeev Gandhi, Deputy General Manager (North) DAS NILANJAN Syed Asif Saleem, Regional Sales Manager (West) It’s not for a determined state agency, especially S Paramasivam, Deputy Regional Sales Manager (South) when there is no legal framework, as in India, to Piyush Ranjan Das, Senior Sales Manager (East) guarantee personal data protection BJP BIHAR Volume XLV Number 41; For the week October 6-12, 2020, published on every Friday READY FOR TEJASHWI’S 29 TAKE-OFF? 32 ● Editorial/Corporate Office Living Media India Ltd., India Today Group Mediaplex, CROSS TO BEAR FC-8, Sector-16A, Film City, Noida - 201301; Phone: 0120-4807100 ● Sub scriptions: For assistance contact Customer Care India Today Group, C-9, With seven major elections to The RJD scion is trying to set a Sector-10, Noida (UP)-201301; Phones: Toll-free number: 1800 1800 100 (from prepare for over the next few years, new political narrative, but the BSNL/MTNL lines); (95120) 2479900 from Delhi and Faridabad; (0120) 2479900 from Rest of India (Monday-Friday, 10 a.m.-6 p.m.); Fax: (0120) 4078080; the new ‘Team BJP’ has quite a JD(U)-BJP alliance will not let him Mumbai: 022-66063411/3412, Kolkata: 033-40525327, Chennai: 044-24303200; challenge on its hands live down memories of Lalu raj e-mail: [email protected] ● Sales: Direct all trade enquiries to General Manager (Sales), Living Media India Limited, C-9, Sector-10, Noida-201301 (UP) ● Regd. 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