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Suryasikha Ray   26 January 2017

Private endeavor to locate terrorists

Is it legal to create an app that would capture the image of the user and send it to us, so that we can use it locate terrorists who might get access to the devices of refugees and impersonate them on the Internet?


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 10 Replies

Democratic Indian (n/a)     27 January 2017

NO. There is something called right of privacy. You cannot violate this right of privacy of the user of app in the name of locating some imaginary "terrorist".

Suryasikha Ray   27 January 2017

The terrorists aren't imaginary. Many Syrian refugees are falling prey to them and the problem that is taking place is quite practical. And, we have created a private endeavor to help them out. This app will be a part of that.

Dr. Atul [9013898936] (Lawyer, Scholar)     27 January 2017

If you are aware of individuals indulging in human trafficking or enticment to do unlawful acts you can approach the law enforcement agencies. Nothing gives you a right to act as private vigilante though.

You may check if any of the 'terrorists' known to you is on the National Investigating Agency of India's 'Most Wanted List' here https://www.nia.gov.in/most-wanted.htm (in some cases, there is a reward enlightened too). 

Or your may provide information to NIA; it offers various modes of reporting to upright citizens to report terrorist activities:

E-mail: assistance.nia@gov.in
Phone No.: 011-23438200
Postal Address: 6th & 7th floor, NDCC, Building-II, Jai Singh Road, New Delhi-110001

Or you may report at the NIA Citizen Forum (Source: https://www.nia.gov.in/citizen-forum.htm)

"This Forum is for furnishing any information relating to any suspicious terrorist activity/ terrorist crime or a person involved in such activities or information on fake Indian currency note smuggling networks ... You can upload any document/photographs which may be sent if necessary, related to the information. (Only DOC / PDFs / JPG formats accepted)" -  https://www.nia.gov.in/citizen-forum.htm

You may even get in touch with the United States Central Intelligence Agency if you deem it necessary (source: https://www.cia.gov/careers/opportunities):

"If you have information which you believe might be of interest to the CIA in pursuit of the CIA's foreign intelligence mission, you may use our e-mail form. We will carefully protect all information you provide, including your identity. The CIA, as a foreign intelligence agency, does not engage in US domestic law enforcement"

By postal mail: Central Intelligence Agency, Office of Public Affairs, Washington, D.C. 20505 By phone: (703) 482-0623 Open during normal business hours By fax: (571) 204-3800 

yes

Dr. Atul [9013898936] (Lawyer, Scholar)     27 January 2017

Originally posted by : Suryasikha Ray
Is it legal to create an app that would capture the image of the user and send it to us, so that we can use it locate terrorists who might get access to the devices of refugees and impersonate them on the Internet?

 

That aside, I'm excited about its potential! Let me get this ... you intend to code (or have coded) an App (iOS or Android btw?) which will be installed on a (refugee's) iPhone/Android smartphone; this App will detect when the phone is being used by someone other than the owner (fingerprint sensor?); this App will take then take the user's photograph using the selfie cam (without indicating that a photograph has been taken, of course); geotag it with GPS co-ordinates; upload it to you using the 3G data plan on the (refugee's) phone; then  your computers with perform data analytics to match with a terror database at your end and issue an alert to subscribers ... way cool...intense!

Suryasikha Ray   27 January 2017

Thank you so much for your helpful response.

Democratic Indian (n/a)     27 January 2017

Originally posted by : Suryasikha Ray
The terrorists aren't imaginary. Many Syrian refugees are falling prey to them and the problem that is taking place is quite practical. And, we have created a private endeavor to help them out. This app will be a part of that.

As said earlier the fundamental right to privacy is more important then some imaginary terrorist or whatever you think will help catch. Unless the application gives a clear warning about what it will be secretly doing to the user at the time of installation, it is illegal on many counts including invading the personal privacy. Such application would be doing fishing expedition and acting as nothing but a private vigilante which is illegal. You have no right to invade the privacy. Such an application will mainly help make money for the creator and creating problems for the innocents because many innocent people will get trapped by such application. The potential for misuse of such application is much larger than some imaginary percieved benefits.

 

If you really want to fight terrorism in this world then work for bringing complete transparency in the working of the intelligence agencies of all governments around the world. The largest funders and creators of terrorism, drug trafficking, human trafficking etc. are these intelligence agencies of many countries around the world. These very countries create terrorism and then do the drama of "catching" or "finishing" the terrorists. Besides their geo political goals via terrorism, end goal is also to bring in more legislations to suppress individual freedoms and liberties in name of terrorism.

 

Rather than being carried away by emotions about "terrorists", those interested to get an idea of the geo political game, may read the following website https://greatgameindia.com/

Suryasikha Ray   27 January 2017

Well, what we intend to do is to obtain permission from the concerned governments and law enforcement agencies before launching this app. So, melodrama and emotions won't come in between. But, is this very idea applicable? I mean, is there a possibility for the authorities to turn our request down on grounds of illegality even if we intend to share the information with them? P.S. Answers from the ones who are in a legal profession are highly sought after.

Democratic Indian (n/a)     28 January 2017

Please note the following points and take your own decision -

 

1. Your proposed application will be clearly doing the role of secret private vigilante and fishing expedition to "catch" possible suspects(but in reality more innocents) by infringing individual fundamental human right of privacy on a mass scale. You have no right to do this. Even when law enforcement agencies have to do such a thing, they have to follow clearly laid down procedures(due process) in law on a case to case basis. So just forget that you will get such secret permission for blanket surveillance of everyone.

 

2. You will not get such secret blanket permission in countries were there is rule of law, especially Common Law countries. You might get such secret permission in some banana republic or place ruled by some lawless dictator. But such permission is not the end of possible legal troubles because the day rule of law begins in that country or the affected person or persons start living in a country where there is rule of law, be prepared to get a flood of law suits seeking damages(may be in millions of dollars) due to your application(despite having got secret permission from government of that banana repbublic).

Suryasikha Ray   28 January 2017

Okay, got it. Thanks.

Democratic Indian (n/a)     28 January 2017

Originally posted by : Suryasikha Ray
Okay, got it. Thanks.

No problem, you are welcome. Just to end and for more clarity, mentioning Article 12 from Universal Declaration of Human Rights below -

 

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

 

One may search the internet for "Universal Declaration of Human Rights" to read the complete document.


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