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admissible as evidence. "In India, the protocol ensures no unauthorised
copy is made and the system remains transparent,'' says an intelligence
official, dealing with the project. Moreover, access to the audit file will
only be through a valid password available with any of the Central
agencies. Even service providers will not have access to it to rule out
any tampering.
In an attempt to collate tapped data, the home ministry has asked the
states for all records of phone and Internet interceptions. It also plans to
supervise the working of the mandatory oversight committees on
electronic surveillance in various states. At the Central level, the
oversight committee is headed by the cabinet secretary and includes the
law and telecom secretaries. With the home secretary approving most
requests, the oversight committee is a mere formality. It rarely
questions phone or Internet monitoring. Oversight committees on
tapping in the states is tardily implemented. A few states don't even
have these mandatory committees. The states that do have them rarely
meet. Law and order being a state subject, the states are not bound to
share the information.
Imagine this scenario. Terrorist A sends smses from Malad in Mumbai
to terrorists B in Colaba and C in Bandra. The sms asks B and C to
meet at Juhu beach, at 6 p.m. As B and C are moving, it becomes
difficult to nab them by their cellphone location. The police alter the
sms from A and send an sms saying "meet at Kalaghoda at 5 p.m." to B
and "meet at Regal Cinema at 6 p.m." to C. B and C, believing that the
sms was from A, respond accordingly. The police nab all three in a
smooth operation.
Most anti-terror agencies can actually carry out such operations. Active
off-air interception allows the police to virtually act as cellphone
towers and thus modify or block smses and calls. The machine can be
vehicle-mounted and can follow the target in urban areas where
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