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{{Use dmy dates|date=October | {{Use dmy dates|date=October 2022}} | ||
{{Use Indian English|date=October | {{Use Indian English|date=October 2022}} | ||
{{multiple issues| | {{multiple issues| | ||
{{condense|date=March | {{condense|date=March 2022}} | ||
{{lead too long|date=March | {{lead too long|date=March 2022}} | ||
}} | }} | ||
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[[File:Pre cms.jpg|thumb|The interconnection between LEA and Telecom Operators prior to CMS]] | [[File:Pre cms.jpg|thumb|The interconnection between LEA and Telecom Operators prior to CMS]] | ||
[[File:Post cms block diagram.jpg|thumb|The interconnection between TERM Cell, LEA and Telecom Operators post CMS setup]] | [[File:Post cms block diagram.jpg|thumb|The interconnection between TERM Cell, LEA and Telecom Operators post CMS setup]] | ||
The Indian Government set up the Centralized Monitoring System (CMS) to automate the process of government-approved Lawful Interception & Monitoring of telecommunications. The Cabinet Committee on Security approved the project of CMS with government funding of [[Indian rupee|INR]] 400 Crores{{Clarify|reason=|date=September | The Indian Government set up the Centralized Monitoring System (CMS) to automate the process of government-approved Lawful Interception & Monitoring of telecommunications. The Cabinet Committee on Security approved the project of CMS with government funding of [[Indian rupee|INR]] 400 Crores{{Clarify|reason=|date=September 2022}}. Pilot trials have been completed and the system is anticipated to be progressively implemented from the end of the financial year.<ref>{{Cite web | ||
| url = http://164.100.47.192/Loksabha/Questions/QResult15.aspx?qref=24560&lsno=16 | | url = http://164.100.47.192/Loksabha/Questions/QResult15.aspx?qref=24560&lsno=16 | ||
| title = LOK SABHA UNSTARRED QUESTION NO 595 ANSWERED ON 02.12.2015 | | title = LOK SABHA UNSTARRED QUESTION NO 595 ANSWERED ON 02.12.2015 | ||
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==History== | ==History== | ||
The 2007-08 annual report of the [[Department of Telecommunications]] (DoT) stated that the requirements for the CMS project had been finalized by the [[Telecommunication Engineering Center]] (TEC), after deliberations with security agencies, and that the first phase of the project, covering the "national capital", was scheduled to be implemented by 31 March 2008. It also stated that C-DOT had finalized the "scope, architecture and dimensioning of the network".<ref>http://www.dot.gov.in/sites/default/files/English%20annual%20report%202007-08_0.pdf</ref> The 2008-09 annual report stated that proof of concept had been demonstrated and that R&D activities for the project were "ongoing".<ref>http://www.dot.gov.in/sites/default/files/AR_English_2008-09_0.pdf</ref> The Government of India budgeted $150 million for the system as part of its [[12th Five Year Plan (Government of India)|12th Five Year Plan]], with [[Cabinet of India|Cabinet]] ultimately approving a higher amount.<ref name="autogenerated1"/> The CMS was fast-tracked following the [[2008 Mumbai attacks]]. However, it faced repeated delays and missed the original deployment deadline of the end of 2012,<ref>{{cite web|url=http://articles.economictimes.indiatimes.com/2013-06-27/news/40233413_1_surveillance-system-government-surveillance-business-climate |title=Beyond Snowden: US surveillance system a useful model for democratic, terror-hit India|publisher=The Economic Times |date=2013-06-27 |accessdate=2013-07-14}}</ref> and the next deadline of March 2013.<ref>{{cite web|agency=PTI|url=http://www.firstpost.com/india/telecom-central-monitoring-system-in-10-circles-by-december-914389.html |title=Telecom Central Monitoring System in 10 circles by December |publisher=Firstpost |date=2013-06-28 |accessdate=2013-07-15}}</ref> | The 2007-08 annual report of the [[Department of Telecommunications]] (DoT) stated that the requirements for the CMS project had been finalized by the [[Telecommunication Engineering Center]] (TEC), after deliberations with security agencies, and that the first phase of the project, covering the "national capital", was scheduled to be implemented by 31 March 2008. It also stated that C-DOT had finalized the "scope, architecture and dimensioning of the network".<ref>http://www.dot.gov.in/sites/default/files/English%20annual%20report%202007-08_0.pdf {{Bare URL PDF|date=March 2022}}</ref> The 2008-09 annual report stated that proof of concept had been demonstrated and that R&D activities for the project were "ongoing".<ref>http://www.dot.gov.in/sites/default/files/AR_English_2008-09_0.pdf {{Bare URL PDF|date=March 2022}}</ref> The Government of India budgeted $150 million for the system as part of its [[12th Five Year Plan (Government of India)|12th Five Year Plan]], with [[Cabinet of India|Cabinet]] ultimately approving a higher amount.<ref name="autogenerated1"/> The CMS was fast-tracked following the [[2008 Mumbai attacks]]. However, it faced repeated delays and missed the original deployment deadline of the end of 2012,<ref>{{cite web|url=http://articles.economictimes.indiatimes.com/2013-06-27/news/40233413_1_surveillance-system-government-surveillance-business-climate |title=Beyond Snowden: US surveillance system a useful model for democratic, terror-hit India|publisher=The Economic Times |date=2013-06-27 |accessdate=2013-07-14}}</ref> and the next deadline of March 2013.<ref>{{cite web|agency=PTI|url=http://www.firstpost.com/india/telecom-central-monitoring-system-in-10-circles-by-december-914389.html |title=Telecom Central Monitoring System in 10 circles by December |publisher=Firstpost |date=2013-06-28 |accessdate=2013-07-15}}</ref> | ||
CMS was first announced publicly in a press release by the [[Press Information Bureau]] (PIB), dated 26 November 2009.<ref name="firstpost1">{{cite web|last=Raza |first=Danish |url=http://www.firstpost.com/india/indias-central-monitoring-system-security-cant-come-at-cost-of-privacy-944475.html |title=India's Central Monitoring System: Security can't come at cost of privacy |publisher=Firstpost |date=2013-07-10 |accessdate=2013-07-15}}</ref> The release lacked details on the system but stated that CMS was a "centralized system to monitor communications on mobile phones, landlines and the internet in the country" and claimed that the project would "strengthen the security environment in the country".<ref>{{cite web|url=http://pib.nic.in/newsite/erelease.aspx?relid=54679 |title=Press Information Bureau English Releases |publisher=Pib.nic.in |date=2009-11-26 |accessdate=2013-07-14}}</ref> CMS was mentioned by [[Ministry of Communications and Information Technology (India)|Minister of Communications and Information Technology]] [[Kapil Sibal]] on 1 January 2011, while addressing the media to announce his 100-day agenda for the Indian telecom sector. Sibal mentioned it in passing, telling the media that "Steps will be taken to establish the Central Monitoring System which will facilitate and prevent misuse of lawful interception facility."<ref>{{cite web|author=Sandeep Joshi |url=http://www.thehindu.com/news/national/article1023117.ece |title=100-day plan: Sibal promises transparency in telecom sector |work=The Hindu |date=2011-01-01 |accessdate=2013-07-14}}</ref><ref>{{cite web|agency=PTI |url=http://articles.timesofindia.indiatimes.com/2011-01-01/india/28373595_1_spectrum-telecom-minister-new-telecom-policy |archive-url=https://web.archive.org/web/20131029204614/http://articles.timesofindia.indiatimes.com/2011-01-01/india/28373595_1_spectrum-telecom-minister-new-telecom-policy |url-status=dead |archive-date=2013-10-29 |title=Govt to come out with new telecom policy: Sibal |date=2011-01-01 |work=[[The Times of India]] |accessdate=2013-07-14}}</ref> The announcement was described as "muted" by ''[[Time (magazine)|Time]]'' [[Time (magazine)|magazine]].<ref>{{cite web|last=Trivedi |first=Anjani |url=http://world.time.com/2013/06/30/in-india-prism-like-surveillance-slips-under-the-radar/ |title=In India, Prism-like Surveillance Slips Under the Radar |publisher=World.time.com |date=2013-06-30 |accessdate=2013-07-14}}</ref> | CMS was first announced publicly in a press release by the [[Press Information Bureau]] (PIB), dated 26 November 2009.<ref name="firstpost1">{{cite web|last=Raza |first=Danish |url=http://www.firstpost.com/india/indias-central-monitoring-system-security-cant-come-at-cost-of-privacy-944475.html |title=India's Central Monitoring System: Security can't come at cost of privacy |publisher=Firstpost |date=2013-07-10 |accessdate=2013-07-15}}</ref> The release lacked details on the system but stated that CMS was a "centralized system to monitor communications on mobile phones, landlines and the internet in the country" and claimed that the project would "strengthen the security environment in the country".<ref>{{cite web|url=http://pib.nic.in/newsite/erelease.aspx?relid=54679 |title=Press Information Bureau English Releases |publisher=Pib.nic.in |date=2009-11-26 |accessdate=2013-07-14}}</ref> CMS was mentioned by [[Ministry of Communications and Information Technology (India)|Minister of Communications and Information Technology]] [[Kapil Sibal]] on 1 January 2011, while addressing the media to announce his 100-day agenda for the Indian telecom sector. Sibal mentioned it in passing, telling the media that "Steps will be taken to establish the Central Monitoring System which will facilitate and prevent misuse of lawful interception facility."<ref>{{cite web|author=Sandeep Joshi |url=http://www.thehindu.com/news/national/article1023117.ece |title=100-day plan: Sibal promises transparency in telecom sector |work=The Hindu |date=2011-01-01 |accessdate=2013-07-14}}</ref><ref>{{cite web|agency=PTI |url=http://articles.timesofindia.indiatimes.com/2011-01-01/india/28373595_1_spectrum-telecom-minister-new-telecom-policy |archive-url=https://web.archive.org/web/20131029204614/http://articles.timesofindia.indiatimes.com/2011-01-01/india/28373595_1_spectrum-telecom-minister-new-telecom-policy |url-status=dead |archive-date=2013-10-29 |title=Govt to come out with new telecom policy: Sibal |date=2011-01-01 |work=[[The Times of India]] |accessdate=2013-07-14}}</ref> The announcement was described as "muted" by ''[[Time (magazine)|Time]]'' [[Time (magazine)|magazine]].<ref>{{cite web|last=Trivedi |first=Anjani |url=http://world.time.com/2013/06/30/in-india-prism-like-surveillance-slips-under-the-radar/ |title=In India, Prism-like Surveillance Slips Under the Radar |publisher=World.time.com |date=2013-06-30 |accessdate=2013-07-14}}</ref> | ||
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On 15 October 2012, ''[[The New Indian Express]]'' reported that the [[National Investigation Agency]] (NIA) had requested for authorization to access CMS once it became functional. The paper also stated that a pilot trial was underway.<ref>{{cite web|last=Yadav |first=Yatish |url=http://newindianexpress.com/nation/article1300012.ece |title=NIA seeks Central Monitoring System to tap phones |publisher=The New Indian Express |date=2012-10-15 |accessdate=2013-07-14}}</ref> ''Mint'' cited an internal note from the DoT dated 10 June 2013, which reportedly said that CMS had "undergone successful pilots" and was "likely to be commissioned" by the end of 2013.<ref name="livemint1">{{cite web|author=Leslie D’Monte & Joji Thomas Philip |url=http://www.livemint.com/Politics/pR5zc8hCD1sn3NWQwa7cQJ/The-new-surveillance-state.html |title=How the world's largest democracy is preparing to snoop on its citizens |publisher=Livemint |date=2013-07-03 |accessdate=2013-07-14}}</ref> The government began rolling out the CMS, state by state, in April 2013.<ref name="reuters1"/> | On 15 October 2012, ''[[The New Indian Express]]'' reported that the [[National Investigation Agency]] (NIA) had requested for authorization to access CMS once it became functional. The paper also stated that a pilot trial was underway.<ref>{{cite web|last=Yadav |first=Yatish |url=http://newindianexpress.com/nation/article1300012.ece |title=NIA seeks Central Monitoring System to tap phones |publisher=The New Indian Express |date=2012-10-15 |accessdate=2013-07-14}}</ref> ''Mint'' cited an internal note from the DoT dated 10 June 2013, which reportedly said that CMS had "undergone successful pilots" and was "likely to be commissioned" by the end of 2013.<ref name="livemint1">{{cite web|author=Leslie D’Monte & Joji Thomas Philip |url=http://www.livemint.com/Politics/pR5zc8hCD1sn3NWQwa7cQJ/The-new-surveillance-state.html |title=How the world's largest democracy is preparing to snoop on its citizens |publisher=Livemint |date=2013-07-03 |accessdate=2013-07-14}}</ref> The government began rolling out the CMS, state by state, in April 2013.<ref name="reuters1"/> | ||
In July 2013, [[BlackBerry (company)|BlackBerry]] granted the Indian Government access to its messaging services.<ref name="indiatimes5">{{cite web|url=http://articles.economictimes.indiatimes.com/2013-07-10/news/40492683_1_blackberry-services-blackberry-messenger-interception-solution |title=Government, BlackBerry end dispute over interception of BB devices|publisher=The Economic Times |date=2013-07-10 |accessdate=2013-07-14}}</ref> It is presumed that CMS will be used to monitor these services,<ref>{{cite web|author=Phil Muncaster |url=https://www.theregister.co.uk/2013/07/11/blackberry_gives_indian_spooks_access/ |title=BlackBerry gives Indian spooks BBM and BIS access |publisher=The Register |date=2013-07-11 |accessdate=2013-07-14}}</ref> although it may be done through C-DOT's [[Lawful Intercept and Monitoring]] (LIM) system.<ref>{{Cite web |url=http://motherboard.vice.com/blog/india-spies-on-its-internet-users-too |title= | In July 2013, [[BlackBerry (company)|BlackBerry]] granted the Indian Government access to its messaging services.<ref name="indiatimes5">{{cite web|url=http://articles.economictimes.indiatimes.com/2013-07-10/news/40492683_1_blackberry-services-blackberry-messenger-interception-solution |title=Government, BlackBerry end dispute over interception of BB devices|publisher=The Economic Times |date=2013-07-10 |accessdate=2013-07-14}}</ref> It is presumed that CMS will be used to monitor these services,<ref>{{cite web|author=Phil Muncaster |url=https://www.theregister.co.uk/2013/07/11/blackberry_gives_indian_spooks_access/ |title=BlackBerry gives Indian spooks BBM and BIS access |publisher=The Register |date=2013-07-11 |accessdate=2013-07-14}}</ref> although it may be done through C-DOT's [[Lawful Intercept and Monitoring]] (LIM) system.<ref>{{Cite web |url=http://motherboard.vice.com/blog/india-spies-on-its-internet-users-too |title=India Spies on Its Internet Users Too | Motherboard |access-date=2013-09-10 |archive-url=https://web.archive.org/web/20130911134738/http://motherboard.vice.com/blog/india-spies-on-its-internet-users-too |archive-date=2013-09-11 |url-status=dead }}</ref> It will make two amendments to the Indian Telegraph Act to allow for intercepting and monitoring through the CMS and to allow "collecting, storing and analyzing message pertaining to information of any nature by the Telegraph Authority".<ref>{{cite web |author=tech2 News Staff |url=http://tech2.in.com/news/general/norms-for-interception-of-calls-and-messages-expected-to-be-finalised-by-august-end/907410 |archive-url=https://archive.today/20130714224729/http://tech2.in.com/news/general/norms-for-interception-of-calls-and-messages-expected-to-be-finalised-by-august-end/907410 |url-status=dead |archive-date=2013-07-14 |title=Norms for interception of calls and messages expected to be finalised by August end |publisher=Tech2.in.com |date=2013-07-10 |accessdate=2013-07-14 }}</ref> | ||
== Interception Authorization == | == Interception Authorization == | ||
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==System details== | ==System details== | ||
{{unreferenced section|date=December | {{unreferenced section|date=December 2022}} | ||
Earlier the provisioning of Interception of the Telephone was being done by the Telecom operators on the basis of duly authorized order by the competent authority in accordance with 419A telephone rule. Traditionally, the Law Enforcement Agency was approaching the various telecom companies based on the numbering scheme of the target telephone number. In CMS setup there is no change in the Interception authorization order envisaged in 419A telephone rule except that now the [[Law Enforcement]] Agency will go to only TERM Cell for any interception order provisioning irrespective of telephone numbering scheme. There is no change in the existing LIS / LIM system in the telecom network. The TERM Cell who are the field unit of DOT and carries the enforcement and regulation of licensing conditions in the field will be sole authority to provision the interception orders but interception orders will be obtained by Law Enforcement Agencies in according to the 419A telephone rule. | Earlier the provisioning of Interception of the Telephone was being done by the Telecom operators on the basis of duly authorized order by the competent authority in accordance with 419A telephone rule. Traditionally, the Law Enforcement Agency was approaching the various telecom companies based on the numbering scheme of the target telephone number. In CMS setup there is no change in the Interception authorization order envisaged in 419A telephone rule except that now the [[Law Enforcement]] Agency will go to only TERM Cell for any interception order provisioning irrespective of telephone numbering scheme. There is no change in the existing LIS / LIM system in the telecom network. The TERM Cell who are the field unit of DOT and carries the enforcement and regulation of licensing conditions in the field will be sole authority to provision the interception orders but interception orders will be obtained by Law Enforcement Agencies in according to the 419A telephone rule. | ||
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==Media reaction== | ==Media reaction== | ||
''[[Business Standard]]'' criticised the fact that a warrant need not be obtained.<ref>{{cite web|url=http://www.business-standard.com/article/current-affairs/india-s-digital-battleground-113062101013_1.html|title=India's digital battleground|last=Shukla|first=Ajai|date=21 June 2013|work=[[Business Standard]]|accessdate=7 December | ''[[Business Standard]]'' criticised the fact that a warrant need not be obtained.<ref>{{cite web|url=http://www.business-standard.com/article/current-affairs/india-s-digital-battleground-113062101013_1.html|title=India's digital battleground|last=Shukla|first=Ajai|date=21 June 2013|work=[[Business Standard]]|accessdate=7 December 2022}}</ref> ''[[Firstpost]]'' criticised the lack of information from the government about the project and the lack of a legal recourse for a citizen whose personal details were misused or leaked.<ref name="firstpost1"/> ''[[The Hindu]]'' also criticised the lack of information available about the system.<ref name="thehindu2">{{cite web|author=Deepa Kurup |url=http://www.thehindu.com/sci-tech/technology/in-the-dark-about-indias-prism/article4817903.ece |title=In the dark about 'India's Prism' |work=The Hindu |date=2013-06-16 |accessdate=2013-07-14}}</ref> | ||
''[[The Indian Express]]'' criticised the introduction of the system in the absence of accountability and "any reasonably effective safeguards" to protect privacy.<ref>{{cite web|url=http://www.indianexpress.com/news/way-to-watch/1133737/0 |title=Way to watch |publisher=Indian Express |date=2013-06-26 |accessdate=2013-07-14}}</ref> ''[[The Times of India]]'' criticised the introduction of CMS without public debate or Parliamentary accountability. The paper also felt that Indian privacy laws were "lax",<ref name="indiatimes3"/> and "far worse than American law on these matters".<ref name="indiatimes3">{{cite web|url=http://articles.economictimes.indiatimes.com/2013-06-13/news/39952596_1_nsa-india-us-homeland-security-dialogue-national-security-letters |title=Indian surveillance laws & practices far worse than US|publisher=The Economic Times |date=2013-06-18 |accessdate=2013-07-14}}</ref> | ''[[The Indian Express]]'' criticised the introduction of the system in the absence of accountability and "any reasonably effective safeguards" to protect privacy.<ref>{{cite web|url=http://www.indianexpress.com/news/way-to-watch/1133737/0 |title=Way to watch |publisher=Indian Express |date=2013-06-26 |accessdate=2013-07-14}}</ref> ''[[The Times of India]]'' criticised the introduction of CMS without public debate or Parliamentary accountability. The paper also felt that Indian privacy laws were "lax",<ref name="indiatimes3"/> and "far worse than American law on these matters".<ref name="indiatimes3">{{cite web|url=http://articles.economictimes.indiatimes.com/2013-06-13/news/39952596_1_nsa-india-us-homeland-security-dialogue-national-security-letters |title=Indian surveillance laws & practices far worse than US|publisher=The Economic Times |date=2013-06-18 |accessdate=2013-07-14}}</ref> | ||
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| work = The Times of India | | work = The Times of India | ||
| accessdate = 2013-07-14 | | accessdate = 2013-07-14 | ||
}}</ref> Cyberlaw specialist Pavan Duggal stated that the "system is capable of tremendous abuse" and "even legitimate conversations could end up being tracked".<ref name="indiatimes2"/> Mishi Choudhary, executive director, Software Freedom and Law Center stated that, "There has been no public consultation on this issue. No one knows what they have proposed or whether it has parliamentary mandate. We don't even have empirical data on phone tapping from the government. It's like a black hole."<ref name="articles.timesofindia.indiatimes"> | }}</ref> Cyberlaw specialist Pavan Duggal stated that the "system is capable of tremendous abuse" and "even legitimate conversations could end up being tracked".<ref name="indiatimes2"/> Mishi Choudhary, executive director, Software Freedom and Law Center stated that, "There has been no public consultation on this issue. No one knows what they have proposed or whether it has parliamentary mandate. We don't even have empirical data on phone tapping from the government. It's like a black hole."<ref name="articles.timesofindia.indiatimes">{{cite web |url=http://articles.timesofindia.indiatimes.com/2013-05-12/security/39203096_1_cms-interception-and-monitoring-surveillance |title=Govt's secret snooping arm has cyber activists worried - Times of India |website=articles.timesofindia.indiatimes.com |access-date=17 January 2022 |archive-url=https://web.archive.org/web/20131203052506/http://articles.timesofindia.indiatimes.com/2013-05-12/security/39203096_1_cms-interception-and-monitoring-surveillance |archive-date=3 December 2013 |url-status=dead}}</ref> | ||
Human rights activist Neingulo Krome described CMS as "a threat to democracy" and also felt that the agencies involved could "soon challenge the authority of the government itself".<ref>{{cite web |url=http://www.morungexpress.com/frontpage/97294.html |title=Nagaland Latest & Breaking News, Northeast & India News - Mother India IS Watching You |publisher=The Morung Express |date=2013-06-20 |accessdate=2013-07-14 |url-status=dead |archiveurl=https://web.archive.org/web/20130624061330/http://www.morungexpress.com/frontpage/97294.html |archivedate=2013-06-24 }}</ref> | Human rights activist Neingulo Krome described CMS as "a threat to democracy" and also felt that the agencies involved could "soon challenge the authority of the government itself".<ref>{{cite web |url=http://www.morungexpress.com/frontpage/97294.html |title=Nagaland Latest & Breaking News, Northeast & India News - Mother India IS Watching You |publisher=The Morung Express |date=2013-06-20 |accessdate=2013-07-14 |url-status=dead |archiveurl=https://web.archive.org/web/20130624061330/http://www.morungexpress.com/frontpage/97294.html |archivedate=2013-06-24 }}</ref> | ||
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[[Category:2013 establishments in India]] | [[Category:2013 establishments in India]] | ||
[[Category: | [[Category:Counterterrorism in India]] | ||
[[Category:Espionage]] | [[Category:Espionage]] | ||
[[Category:Human rights]] | [[Category:Human rights]] | ||