@Tarun: "Alright so if a terrorist sends an e-mail from an outside India
e-mailprovider using a cracked proxy or some anonymizer like Tor. "

In fact, over the past few days, two threat emails have been publicised, both
originating from a server identified as being in Islamabad (although the latest
one is also ascribed to a user in Lahore, if news reports can be trusted).

I think laws like this (if the news item is correct) are simply being
promulgated to distract citizens from the true nature of unrest in the world
today. The whole point about 'terror' is that promoters of terror simply do not
have any great regard for 'nations'. Their agenda is different, and may be
viewed as parochial.

Strangely enough, participatory democracy is also parochial in nature. However,
it is about genuine consensual governance, not the narrow interests of one power
group or another.

Lawmakers who insist (and we can see this is a problem in many parts of the
world) on creating such Draconian laws, seem to me to be part of the problem,
not part of the solution. They end up favouring such unconscionable solutions as
encounter squads, whose misuse in fact paved the way for the spread of organised
crime cartels in India. The only reason we have any serious public outcry
against such cartels is that one, and maybe more of them, decided to turn
'political' and participated in - probably drove - India's worst civilian
bombing episode.

Following Independence, I mean - Jallianwala Bagh was still the last century's
worst terror 'event'. But maybe the government of the time considered that a
military, and not civilian, episode, since the perpetrator was a serving Army
staff officer.


Of course, from our narrow point of view on this list, the fallout from such
laws (and high-handed rules, in the case of cybercafes, although those are now
being cemented into law) is that the spread of e-communications in India is
badly hampered. But imo that is not such a narrow point of view, because without
widespread communication, knowledge dissemination cannot grow, and without
knowledge, we are prey to the vultures who infest legislatures, courts and
executive arms alike.

Vickram
http://communicall.wordpress.com
http://vvcrishna.wordpress.com




________________________________
From: Tarun Dua <lists@...>
To: india-gii@...; CyberLaw India <cyberlaw-india@yahoogroups.com>
Sent: Friday, 10 April, 2009 0:25:39
Subject: Re: [claw-in] Re: [india-gii] Email providers will need to have

Alright so if a terrorist sends an e-mail from an outside India e-mail provider
using a cracked proxy or some anonymizer like Tor. How does the originator get
tracked in India, even if the receiving server is in India. And if terrorists
know that the big e-mail providers are all monitored here there is still like a
huge long tail of free e-mail providers throughout the known world. And what
comes next Indian citizens are going to be forced to pick an e-mail ID hosted in
India ? How are they going to enforce it a camera in every bedroom or monitoring
software on every PC ?

-Tarun
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