Govt to amend law to regulate passive interception of telephones

“We clearly have to have some safeguards and supervision over use of passive interception technology. We are therefore proposing legislative regulation for purchase,deployment and monitoring of all such equipment,” he pointed out.

The use of passive interceptions has been in the news with allegations of the National Technical Research Organisation (NTRO) routinely using such equipment as part of their technical intelligence operations but also ending up listening to snatches of conversations of prominent politicians. A subsequent inquiry revealed that no systematic records or logbooks were maintained in the NTRO on the results of intelligence gathered via the passive interceptors mounted on SUVs referred to as “Eagles.”

The Home Secretary pointed out that the current exercise was aimed,first,at creating an inventory of all off-the-air equipment purchased by Central Intelligence agencies,state police units and possibly the military establishment as well.

“Some of this equipment may have been imported through open general licence and we aim to put it on the restricted list with every user or agency required to possess a licence for its use,” he said.

While technically,vendors of passive interceptors are prohibited from selling the equipment to private persons or companies,there have been reports of illegal private use and therefore,the Home Secretary said,all private persons holding such equipment may be asked to surrender it.

“A time-frame can be set for equipment to be surrendered following which penal action will be taken on all private users,” he explained. The most sensitive part of the current exercise will be the regulation and monitoring of the intelligence generated through passive interceptors.

The Telegraph Act mentions regulation only of “target-centric” telephone and data interception done by listed Government agencies with the Supreme Court later laying down strict norms for a high-level Committee to do a monthly review of functioning of the system. The task before the Home Ministry is to bring passive interception technology under the ambit of similar regulation.