Wednesday 6 July 2022

Fundamental Rights violation by Courts

 

After my plea to the Hon'ble Judges of the Supreme Court as mentioned in the previous blog, finally, the hearing started in the trial court. I was arguing my own case. I realised that the trial court was conceding to even illegal and unlawful demands of the prosecution. I then wrote a fact-based letter to the Hon'ble Chief Justice of India, making him aware of how I was held in Judicial custody, where the fact is that NO COURT has any formal case against me. No legal case means no legal case. Even today, no court has any legal case against me. I am NOT a listed accused of the offences of IPC, hence the Police FIR case 42/2006, Special Cell Delhi has no value. No court took cognisance of offence against me in the FIR case. The court is said to have (it is because neither I nor any of my representatives were present in the court)  taken cognisance of offence against me on the basis of a so-called UNDATED complaint. But there exists no such complaint in any records of the court. The attempt by the prosecution to merge this complaint case with the police FIR case had failed to convince the courts. Thus there exist no complaint case number against me. Nor any such complaint served on me. This is basics of anglo-Saxon jurisprudence followed in India, it is mandatory to make that accused FORMALLY aware of the allegations against him/her. Hence I am neither an accused in Police case and nor there exists any complaint case on records. Even if after bringing this to the notice of the courts, they have not let me go and kept me in unlawful and illegal custody. 


It was only after this letter to the Hon'ble Chief Justice of India, that I got bail. 

( I also wrote to the Law Minister and several prominent journalists. I will share these letters too in near future) 

 Please read on and comment

I am grateful to my wife, Sweta, who diligently visited me twice a week for almost 4 years (travelling under all weather conditions from Rohtak to Delhi) took all letters, photocopied and posted. There are about 300 total documents on which she worked. I will post many of them here to show how we fought back. 
















Tuesday 17 August 2021

WikiLeaks - INDIA'S NSCS: PROFESSIONALS IN A "BUREAUCRATIC BACKWATER"

 Important Note: This is exact copy from WikiLeaks - Link. I have copy -pasted here because it deals with me directly. Credit of this blog-post lies completely with WikiLeaks.    


INDIA'S NSCS: PROFESSIONALS IN A "BUREAUCRATIC BACKWATER"

2006 July 21, 07:29 (Friday)
06NEWDELHI5136_a

C O N F I D E N T I A L SECTION 01 OF 04 NEW DELHI 005136 SIPDIS SIPDIS E.O. 12958: DECL: 07/02/2016 TAGS: PREL, PTER, PGOV, PINR, IN SUBJECT: INDIA'S NSCS: PROFESSIONALS IN A "BUREAUCRATIC BACKWATER" REF: A. NEW DELHI 4836 B. 05 NEW DELHI 6596 C. 05 NEW DELHI 6980 Classified By: A/PolCouns Jon Dorschner for Reasons 1.4 (B, D) 1. (C) Summary: India's National Security Council Secretariat (NSCS) was a little-known institution until a SIPDIS recent series of "Indian Express" articles alleged that several of its employees were involved in a spy ring (Ref A). From collating intelligence inputs to supporting National Security Advisor MK Narayanan to servicing the National Security Advisory Board (NSAB), its tasks are as varied as its staff. Although former NSCS employees appreciated the organization's mandate for long-term analysis over news-of-the-day reportage, many in India's bureaucracy consider the NSCS a backwater that lacks the prestige to attract top-flight cadre. It also suffers from a over-reliance on detailees and contract employees vice maintaining a full-time professional complement, but in Embassy New Delhi's experience, it is also the place to turn to for substantive expertise within an Indian bureaucracy that typically values generalists over experts. End Summary. 2. (C) Our information is based on open source reporting and interviews with the following people: -- Harinder Sekhon, Senior Fellow, Observer Research Foundation, and former NSCS staffer. Sekhon spent two years on the NSCS studying alleged linkages between Pakistan's ISI and criminal/terrorist organizations throughout the rest of South Asia. An historian by profession, she has published books on Punjabi history and the history of US-India relations. She did not disclose specifics of her NSCS research, and stated that her findings are considered classified. -- Manoj Joshi, Editor (Views), "Hindustan Times," and current NSAB member. -- Prominent security commentator Rear Admiral (ret.) Raja Menon, former Assistant Chief of Naval Operations. -- K. Subrahmanyam, Chairman, Task Force on Global Strategic Developments and Convenor of NSAB I and NSAB II. -- Bharat Karnad, Research Professor in National Security Studies, Centre for Policy Research, and Member NSAB I. -- NSCS's first Additional Secretary and Current NSAB member Narendra Singh Sisodia. NSCS Structure -------------- 3. (C) The National Security Council Secretariat is the National Security Advisor's permanent staff. The NSCS is chaired by the D/NSA. Below him are one secretary, one additional secretary (A/S), and four joint secretaries (J/S) for internal security, economics, international relations (i.e. the US, Europe, Middle East) and regional affairs (India's neighbors, including China). Arvind Gupta, the senior-most J/S, heads the international affairs wing. (BIO NOTE: Sekhon told Poloff that Gupta will likely stay at NSCS for another few years, because his wife, Purnima Malhotra Gupta, is on the GOI Planning Commission (Ref C) and "has NEW DELHI 00005136 002 OF 004 burnt up all her leave, so they can't take a foreign posting." End Bio Note.) Multi-Functional ... -------------------- 4. (SBU) The NSCS performs many tasks: -- It collates intelligence reports from the Intelligence Bureau (IB), Research and Analysis Wing (RAW), Ministry of External Affairs (MEA), Defense Intelligence Agency (DIA), and Military Intelligence (MI) for the NSA and D/NSA. When information from different sources diverge, the NSCS is mandated to adjudicate discrepancies. -- Having evolved out of the GOI's former Joint Intelligence Committee, it generates policy papers and strategic forecasts for the NSA and through him the Cabinet-level National Security Council (NSC, chaired by the Prime Minister). -- The NSCS staffs the NSC, the National Security Advisory Board (NSAB) (Septel), and the Strategic Policy Group (the top civil servants of national security ministries, heads of intelligence agencies and chief of the armed forces, headed by the Cabinet Secretary). -- It is the focal agency for GOI international cybersecurity cooperation and domestic promotion of cybersecurity. -- According to the "Indian Express," NSCS also deals with India's nuclear program, domestic intelligence including Kashmir, and security assessments of India's neighbors (China, Pakistan, Bangladesh, Sri Lanka, Nepal). Sekhon told us the organization is also a key player on such non-traditional security concerns as global warming, avian influenza, environmental issues, and water -- a critical policy issue between India and its neighbors. ... and Multi-Disciplinary -------------------------- 5. (C) Sisodia and Sekhon heralded as one of NSCS's main strengths that its analysts were historically largely shielded from having to deal with the "issues of the day." "At NSCS we are given time to read, research, and educate ourselves on the issues," said Sekhon. Sisodia added that NSCS was meant to be inoculated against "operational pressures" and its analysts are encouraged to take a multi-disciplinary approach to assessing security concerns for New Delhi. Professionals in a Bureaucratic Backwater ----------------------------------------- 6. (C) Although the NSCS is staffed with many subject-matter experts (a resource lacking in many other parts of the GOI bureaucracy), it is considered a "bureaucratic backwater" and few GOI officials seek postings there, according to Joshi. Menon echoed verbatim his assessment of the NSCS as a backwater, and both men regarded the NSCS as "full of second-rate people." (COMMENT: This assessment conflicts with our experience in dealing with NSCS. End Comment.) Menon added the NSCS was too small, and he criticized former NSA JN Dixit ("who minimized the importance of the NSCS") and former D/NSA Satish Chandra ("who did not understand the concept of staffs") for having turned the NSCS into a NEW DELHI 00005136 003 OF 004 "backwater." 7. (C) One reason the NSCS has become so poorly regarded within the GOI may be its lack of glitter when compared to the "prestigious" Indian Administrative Service and Indian Foreign Service. The NSCS is less than a decade old and shares with several other GOI agencies, including the National Commission for Minorities, a decrepit building on a busy street corner near central New Delhi. This contrasts with the four "power ministries" (External Affairs, Defense, Home, and Finance) that occupy stately Lutyens buildings on a boulevard overlooking India Gate, adjacent to the Prime Minister's Office and Rashtrapathi Bhavan (the President's House), and a short walk to Parliament. Finally, the rest of the GOI is known as a breeding ground for generalists; the NSCS's reputation as the home of subject-matter experts may perversely encourage bureaucratic mandarins to brand its staffers as clerks and technicians. 8. (C) Sisodia acknowledged that the NSCS was victim of "uneven development" and positions there "are not coveted," but he added that the organization would over time accumulate sufficient prestige necessary to compete for top-notch staff with "blue chip" elements of the Indian bureaucracy. There are fewer perks for the NSCS than for other GOI agencies, and fewer opportunities to participate in meetings and negotiations than at most Ministries. NSCS's Impermanence a Hindrance ------------------------------- 9. (SBU) Menon publicly argued that for the NSCS to be effective, it must be populated with a permanent staff of careerists, not by detailees seconded from across the GOI, many of whom undoubtedly retain more interest and loyalty to their home ministries than to the NSCS. "The core of the NSC was always supposed to be a National Security Staff, a bunch of bright staffers from the armed forces, MEA, economists, scientists, and administrators ... but every bureaucracy in Delhi was unsure how much power they would retain and how much power the NSCS would gather," so they erred on the side of retaining power by retaining control over staffing, he wrote. (NOTE: Sekhon was an academic who worked for the NSCS on a contract basis. End Note.) 10. (C) Dean of India's strategic community K Subrahmanyam echoed many of Joshi's and Menon's criticisms of the NSCS, but added that much of the negativity in India surrounding the NSCS is fueled by politics and "bureaucratic sour grapes." He did add, however, that crisis decision-making is a particularly weak element in the NSC system. (NOTE: The UPA government has to date not had to cope with an unfolding crisis situation like the December 1999 IC-814 hijacking that might have field-tested the NSC. The NSC potentially has a pivotal role under the GOI's 2005 anti-hijack policy, according to the limited Indian press reporting about that policy, see Ref B. In theory, the NSCS would shift to provide real-time support to the NSC in such an event. End Note.) Resources Taxed --------------- 11. (C) Sekhon complained that, before she left NSCS in late 2004, staffing the NSAB took up about half the NSCS's time. This support function led to NSCS beginning to shift toward NEW DELHI 00005136 004 OF 004 short turn-around research and away from long-term analysis. The remainder of the NSCS's time was spent fulfilling similar duties for other GOI customers, Sekhon said. The 2005 creation of the Subrahmanyam Task Force further strained NSCS resources, because the NSCS was directed to staff the Task Force as well, leaving yet fewer resources for research and analysis. Greater Foreign Policy Role than Before --------------------------------------- 12. (C) One result of MK Narayanan becoming NSA after the death of his predecessor, former Foreign Secretary JN Dixit, was a power shift from the MEA in favor of the NSCS. Under Dixit, MEA retained a hammer-lock on foreign policy issues, but with his passing and replacement by Narayanan, the former Intelligence Bureau chief wrested some of that authority for NSCS, according to Sekhon. Comment: Repository of Expertise, Professionalism --------------------------------------------- ---- 13. (C) Embassy New Delhi's experience with the NSCS conflicts with Menon and Joshi's criticisms. We have found the NSCS to be better informed on complex issues than its counterparts elsewhere in the GOI. For example, our former GOI cybersecurity POC was an Indian Navy commander who specialized in telecommunications and electronic warfare and was seconded to the NSCS; he has since retired from government service and now heads up Microsoft India's cybersecurity division. We view our other NSCS contacts as equally impressive, but we do not doubt that the organization is treated, in many respects, as a poor cousin to the "high caste" Indian ministries. 14. (U) Visit New Delhi's Classified Website: (http://www.state.sgov.gov/p/sa/newdelhi/) PYATT

WikiLeaks - GOI UPBEAT ON CYBER-COOPERATION, SERIOUS ABOUT CYBER-TRAINING

 Important Note: This is exact copy from WikiLeaks - Link. I have copy -pasted here because it deals with me directly. Credit of this blog-post lies completely with WikiLeaks.    



GOI UPBEAT ON CYBER-COOPERATION, SERIOUS ABOUT CYBER-TRAINING

2005 February 28, 12:52 (Monday)
05NEWDELHI1520_a

UNCLAS SECTION 01 OF 03 NEW DELHI 001520 SIPDIS SENSITIVE STATE/PM FOR MICHELE MARKOFF DOD FOR OASD/NII TIM BLOECHL E.O. 12958: N/A TAGS: KCIP, TINT, KCRM, PREL, PGOV, IN, GOI SUBJECT: GOI UPBEAT ON CYBER-COOPERATION, SERIOUS ABOUT CYBER-TRAINING REF: A. NEW DELHI 709 B. NEW DELHI 550 C. 04 NEW DELHI 8060 D. 04 NEW DELHI 7026 1. (SBU) Summary: In a brief February 22 meeting, National Security Council Secretariat Joint Secretary Arvind Gupta and Deputy Director (Information Security) Commander Mukesh Saini were upbeat on US-India cybersecurity cooperation, clarified the objective of the upcoming April 18-19 Cybersecurity Seminar in New Delhi, and demonstrated that the GOI is educating the Indian legal system on cybersecurity and related issues. They also outlined some of the strengths and weaknesses of the Indian IT Act (2000) and described the December 17 arrest of Baazee.com CEO Avnish Bajaj as a case of inadequate police training on IT issues -- an area they say they are trying to improve. Gupta also outlined how the NSCS became the GOI's cybersecurity nodal agency. Separately, President Kalam in a recent address at the National Judicial Academy underlined the importance of India having a robust cybersecurity regime. End Summary. GOI Very Upbeat on Cyber-Cooperation ------------------------------------ 2. (SBU) J/S Gupta opened February 22 discussion by with Poloff comparing the upcoming April 18-19 Cybersecurity Seminar (Ref B) in New Delhi to last November's Cybersecurity Forum: "We shared our concerns then, now we will share information and cooperation." He also welcomed what he termed "growing IT interdependence" as part of expanding the overall US-India relationship, adding that, "The logic of markets and the logic of globalization make cybersecurity cooperation a necessary win-win situation." Goal of April Seminar --------------------- 3. (SBU) Gupta then explained that the goal of the April seminar is to address US concerns regarding Indian legal issues in the cybersecurity arena, including for example the IT Act (2000), the Evidence Act, the Criminal and Civil Penal Codes, digital evidence, data privacy, and confidentiality. "I was surprised, for example, on how far Indian industry was ahead of law enforcement regarding due diligence," he expanded, noting that firms need to be very sensitive due to their high level of accountability. Serious about Cybersecurity Legal Training ------------------------------------------ 4. (SBU) Although Gupta had no data on how much is budgeted nationally for cybersecurity, he pointed out that related classes are taught at the Indian Institutes of Science and that the Indian Institutes of Technology offer both courses and research opportunities. The Department of Information Technology also funds cybersecurity research projects, as does the Banking Research Institute, he added. Cdr. Saini reiterated GOI interest in on-site co-training in both India and the US (Ref D), and on cooperation in tackling the "hard problems" list. 5. (SBU) Gupta told Poloff that the National Judicial Academy in Bhopal is training new and current judges in cyberlaw. The training includes a layperson's overview of the technological possibilities and limits of IT, as well as training on India's IT laws. Separately, the "Hindustan Times" on February 25 reported that the first class of a dozen lower court judges in New Delhi had just completed a three-day seminar on IT and law as part of its obligations as a signatory to the UN Commission on International Trade Law. Their program included overviews of steganography, encryption, digital signatures, website defacing, and recovery of digital data as evidence. Gupta hopes to have some recently-cybertrained judges attend the April Seminar. 6. (U) Separately, in a February 19 address to the Judicial Colloquium on Science, Laws, and Ethics at the National Judiciary Academy, President AJP Abdul Kalam offered the following remarks on modernizing India's cyber laws and cyber capabilities: "India's cyber laws need to look at the fact that nowadays nations are electronically connected, with all their electronic assets. Defense and national security establishments will be targets for cyber attacks during a conflict. In such a situation, a country can be defeated without a missile or aircraft attack, just through intelligent cyber war. Hence it is essential to generate a model of the connected economic and defense security system as a cyber/electronic network. This will reveal the need for a new policy with redundancy and restriction of external connectivity and external partnership of certain vital establishments." IT Act "India's Most Comprehensive Cybersecurity Tool" --------------------------------------------- --------- 7. (SBU) The most comprehensive legal tool New Delhi has for cybersecurity is the IT Act (2000), Gupta told Poloff. This statute being revisited, he said, and may be amended to account for changes in technology and to incorporate lessons learned, but it is "robust enough and impartial enough to address the situation" and it "rests on a solid foundation of Indian civil and criminal law traditions." Gupta underlined that the problems with the IT Act were that law always lags behind technology, and that law is bound by borders while IT is not. "In the UK, Australia, the US, the problems are the same but the laws are different," he added. Gupta expected that the US delegation to the April seminar would have many questions regarding the IT Act. Baazee.com Arrest Blamed on Inadequate Training --------------------------------------------- -- 8. (SBU) When asked if the IT Act would be amended in light of the December 17 arrest of Baazee.com CEO Avnish Bajaj (Ref C), Gupta answered that his office was surprised when the arrest happened, and he noted that it drew extensive criticism from the Indian IT sector as well as from foreign IT firms. Saini commented that the issue was not the IT Law itself but the poor police training that led to, as he viewed it, "improper implementation of the law." Gupta continued that a major drawback with the IT Law is that even after almost five years it lacks a substantial body of case law to guide the police and the courts. Observing that "Personally, I think the arrest was a mistake," Gupta reiterated the importance of training judges, police, investigators, and attorneys on the law, and asked if we could provide US cybercrime cases that could be used as references as India develops its own case law. (Note: Mission is following up on this. End note.) He reiterated that the law is being revisited and the case is currently in the courts where it will continue to unfold. He expected the US delegation in April to discuss this case as well. Where the NSCS Fits in the GOI ------------------------------ 9. (SBU) Gupta concluded by outlining NSCS's overarching function as supporting the NSC and NSA MK Narayanan (Ref A), and providing independent inputs on both traditional and non-traditional security issues, including cybersecurity. As such, the NSCS takes the lead in coordinating with agencies throughout the GOI on national information security policy, including the Department of Telecommunications, the Department of Information Technology, and the Ministries of Law and Home Affairs, as well as academia and private industry. In the area of international cybersecurity cooperation, he said that New Delhi's relations with Washington are "the strongest we have;" although in this meeting he only specified cybersecurity cooperation with China, in the past our GOI cybersecurity interlocutors have referenced relationships with Canada, Russia and Israel (Ref D). Comment ------- 10. (SBU) The brief NSCS conversation and President Kalam's remarks demonstrate that the GOI understands that the US-India Cybersecurity Forum can provide New Delhi with the training and contacts to help it nourish India's growing information economy and make its governmental organization and policies regarding cybersecurity more sophisticated. It provides another strand in the web of functional relations that strengthens the US-India government-to-government dynamic. The US-India cybersecurity relationship will require careful nurturing from both sides to ensure the working groups fulfill their potential, as well as complete their stated goals and objectives. However, the groundwork has been laid for a long-standing and robust cyber exchange with important political and commercial benefits. MULFORD

WikiLeaks - INDO-US CYBERSECURITY FORUM PREPARATORY CONSULTATIONS IN NEW DELHI

 Important Note: This is exact copy from WikiLeaks - Link. I have copy -pasted here because it deals with me directly. Credit of this blog-post lies completely with WikiLeaks.    


INDO-US CYBERSECURITY FORUM PREPARATORY CONSULTATIONS IN NEW DELHI


UNCLAS SECTION 01 OF 10 NEW DELHI 007026 SIPDIS SENSITIVE STATE/PM FOR DAS KARA BUE STATE/PM FOR MICHELE MARKOFF DOD FOR OASD/NII TIM BLOECHL E.O. 12958: N/A TAGS: KCIP, TINT, PREL, ECPS, KCRM, IN, Indo-US SUBJECT: INDO-US CYBERSECURITY FORUM PREPARATORY CONSULTATIONS IN NEW DELHI REF: A. NEW DELHI 5577 B. NEW DELHI 6980 1. (SBU) Summary: On October 14-18, 2004, Department Senior Coordinator for International Critical Infrastructure Protection Policy Michele Markoff and DOD Director of International Information Assurance Programs Tim Bloechl participated in preparatory meetings with the GOI for the November 9-10 Cybersecurity Forum in Washington. Arvind Gupta, Joint Secretary, National Security Council Secretariat, and Commander Mukesh Saini, Deputy Director SIPDIS (Information Security), NSCS, hosted the consultations and will lead the GOI delegation. Discussions included the Cybersecurity Forum's (CSF's) overall structure; designating co-chairs and selecting agenda topics for the five working groups; industry participation; site visits; and training and capacity building. The director of India's Computer Emergency Response Team (CERT-In) briefed on his organization's capabilities. Markoff asked Gupta for GOI support for a US-drafted UNGA Resolution calling for all UN Member States to join the 24/7 Cybercrime Point of Contact Network, while Gupta and Saini shared their vision to "inculcate a culture of cybersecurity" in India's IT sector. End Summary. Getting to Know You (Again) --------------------------- 2. (SBU) Noting the long interval since the CSF last convened in April 29-30, 2002, Joint Director Gupta welcomed Markoff and Bloechl, and noted that much has changed in the field of cybersecurity technology, in the US and India's cybersecurity organizations, and in India's technical capabilities. Markoff remarked on the successful ITAA-NASSCOM India-US Information Security Summit 2004, at which she delivered the closing keynote address. Both Washington and New Delhi emphasized the importance of including the perspectives of both software developers and clients. Markoff listed a few key industries that rely heavily on secure and reliable IT systems: banks, health care, utilities, and transportation. Observing that the issue of cybersecurity is no longer "in the weeds," she said it is now recognized as an important part of US-India interdependence that is larger than the IT sector. WG1: Legal Cooperation and Law Enforcement ------------------------------------------ 3. (SBU) Markoff began by listing topics the USG wants to discuss in the area of cybersecurity legal cooperation and law enforcement: -- How the GOI is organized to fight cybercrime; -- Updates on relevant legislation; -- Any plans to facilitate a Mutual Legal Assistance Treaty for computer crime; -- The Council of Europe model cybercrime legislation; -- How Indian law enforcement agencies approach cybercrime investigations and prosecutions; and -- If India participates in, or plans to participate in, the 24/7 Cybercrime Point of Contact Network. 4. (SBU) Arguing for the inclusion of intrusion detection of Indian infrastructure to the agenda, MHA Joint Secretary Renuka Muttoo recalled a recent incident in which an American criminal/hacker allegedly misused an Indian proxy server to engage in credit card fraud and the printing of fraudulent certificates. Noting that the incident was reported to the US DOJ, she asked how such reporting could be institutionalized. Markoff indicated that the 24/7 Cybercrime Point of Contact Network, of which India was already a member, was the conduit for cyber crime reporting. Muttoo appeared unfamiliar with the 24/7 POC cybercrime network and Markoff promised to provide the name of the GOI contact. (NOTE: Embassy later passed GOI contact information via MEA.) 5. (SBU) Gupta queried whether this 24/7 network would be used to report all cyber incidents. Markoff indicated that the U.S. has set up two separate 24/7 POCs -- one for watch and warning information sharing (US-CERT/NCSD), the other for law enforcement cooperation (DOJ) -- as a more effective way to ensure that information flows between professionals who understand each others priorities. Of course, the US and Indian CERTs would also pass crime-relevant information to appropriate law enforcement contacts within their respective countries should they receive it. 6. (SBU) Gupta indicated that the U.S. had not been responsive to all past bilateral requests for law enforcement cooperation. Markoff suggested that Gupta supply a list of unanswered requests. It would be useful for the CSF to review India's status in cybercrime substantive law (what activities are criminalized) as well as cybercrime procedural law (how far Indian authorities are allowed to cooperate on cross-border incidents). As an example, Markoff described a possible intrusion that could be routed through servers in several countries; in trying to trace back an attack, any gap in bilateral cybercrime cooperation would stop the investigation dead in its tracks. 7. (SBU) Gupta mentioned that the range of Indian law enforcement agencies with a potential role in cybercrime enforcement was larger than the delegation they could bring to the CSF, and offered to host a joint cybercrime law enforcement workshop in early 2005. He envisioned a two-day workshop that would look at problems and possible collaboration in cyber-forensics, mutual legal assistance, and computer-based investigation, noting that this could be another venue for private industry to join the government-to-government dialogue. Markoff responded that DOJ has participated in similar workshops, and suggested the proposal be discussed further at the CSF. Gupta said that the issue could also be pursued in the Law Enforcement Joint Working Group, and that the GOI Department of Information Technology had already held one working group on cyber law and cyber-crime. 8. (SBU) Gupta requested that DOJ brief on how high-tech crime is pursued, "from the start, conducting the investigation, through convictions, a complete walk-through" at the November CSF. Gupta's deputy, Commander Mukesh Saini, suggested that DOJ's Websnare Operation could be a useful case to profile. WG2: Research and Development ----------------------------- 9. (SBU) Markoff asked that India's Working Group 2 delegation report how New Delhi is poised for and can foster critical infrastructure protection research and development, outreach to industry and academia on CIP, and what cybersecurity issues the GOI sought to underline. She told Gupta that the InfoSec Research Council prepared a "Hard Problems List" of the technical hurdles in cybersecurity that need to be overcome (NOTE: Embassy later delivered a copy of the "Hard Problems List" to Saini). Markoff suggested that the USG and the GOI might partner in resolving some of these problems. 10. (SBU) In response, Gupta asked if the India-US Science and Technology Forum, which began in March 2000, might be a more appropriate venue for new R&D workshops in cybersecurity. In such an eventuality, the S&TF could provide POCs for science collaboration in several research areas, such as systems-oriented research architecture for dependability and survivability, systems management/monitoring/control, human monitoring, authentication, communications protocols, network security, accountability, and foundational research (logical languages and tools to develop systems). The most promising areas, Gupta said, were in applying cryptography for authentication and privacy, language-based security (i.e. voice recognition), diverse redundancy, and catastrophe-resistant architecture. 11. (SBU) Department of Information Technology Senior Director S. Basu said that working-level GOI R&D interests are focused on cryptography and crypto-analysis, network systems security, security architecture, operating system security, vulnerability detection and monitoring, and cyber-forensics. He expressed interest in reviewing the "Hard Problems List." Basu added that proposed topics for collaboration could include cyber forensic tools, authentication, speaker (voice) recognition, cryptography, and quantum cryptography. 12. (SBU) Dr. G. Athithan of the Defense Research and Development Organization (DRDO)/Center for Artificial Intelligence and Robotics said that DRDO and DIT had been working on IT security for 3-4 years. They have access to software developers in Bangalore through the marriage of "government money and private sector brains," while critical tasks are handled by government-funded laboratories, which also conduct field-testing. Athithan underlined the GOI desire for tools to help monitor network traffic and capture keywords. He remarked that intercepting and reading Internet-based e-mail (webmail) was a difficult problem, and that webmail was developed by an Indian programmer to sidestep firewalls because it was more difficult to detect. After Athithan expressed his interest in "carnivore" software (to allow law enforcement agencies to read intercepted e-mails) Markoff and Bloechl -- as well as Gupta and Saini -- steered the conversation toward possible cooperation on cracking packet header data and session information, and away from reading intercepted text. Athithan proffered additional GOI R&D priorities: intrusion detection, modeling statistically normal network behavior to create a baseline, hacker tracing, and, again, viewing electronic content, "to help infer the origin and identity of an attacker." 13. (SBU) Gupta suggested Internet traffic monitoring and database analysis as areas for possible cooperation, noting that the GOI wishes to be able to profile and summarize data and databases, as well as profiling online user sessions (e-mail traffic and clustered browsing) over multi-day periods. Gupta then asked how the US monitors Internet traffic. Markoff said that US law does not permit general monitoring of Internet traffic; instead, if there is evidence of a crime, a court order can permit law enforcement to investigate relevant e-mail traffic. 14. (SBU) Bloechl suggested that the defense cooperation working group could discuss the issue in a military context, and echoed Markoff's statement that the USG does not monitor content, instead focusing on analysis, such as the case of worms or viruses indicated by packet header data. He explained that there is a great need to avoid violating US law by collecting information on US persons outside of a sanctioned law enforcement investigation. 15. (SBU) Gupta shared that the GOI,s interest was not in reading the data itself, but in technology to warehouse and analyze it. The GOI was interested in unclassified technology, as classified data is handled under separate procedures. Athithan interjected that he was interested in R&D, not law enforcement, and that the technology would be deployed toward a watch and warning function that would be in place prior to any legal permissions being sought for attempted intrusion or attack. He restated his interests as summarizing and profiling data, traffic analysis, and cluster analysis; Gupta added that the Indo-US Counterterrorism Joint Working Group was the appropriate forum for tools that would support actionable intelligence, while Athithan pushed for the technology to implement watch, warning and emergency response functions, as well as handling and storing digital evidence. WG3: Critical Infrastructure Protection --------------------------------------- 16. (SBU) Markoff told Gupta that the Acting Director of DHS's National Cyber Security Division, Andy Purdy, will co-chair the Third Working Group, and will lead on watch and warning issues. Its presentation will include an overview of the capabilities and activities of the US Computer Emergency Readiness Team (US-CERT, which NCSD oversees), its mandated mission, its watch-and-warning capabilities, and a review of its public/private/academic/international outreach and partnerships. The USG sought a reciprocal briefing on the capabilities and activities of India's CERT-In. The working group will also explore collaboration opportunities, and welcomed a discussion on the following issues: -- How was CERT-In created? -- What is its mandate? -- What alert and advisory systems are in place? -- Is CERT-In operating in a 24/7 capacity for emergency responses? If not, will it do so in the future? -- What kinds of international outreach does CERT-In pursue? 17. (SBU) Markoff then listed some potential avenues for collaboration between the two CERTs: -- Designating POCs for bilateral communications; -- Coordinating on cybersecurity incident responses; -- Partnering on hard issues such as attribution and software assurance; -- Sharing watch and warning information; -- Fostering international cooperation beyond the bilateral relationship; and -- Technical training assistance. Other possibilities include exchanges of periodic reports on global Internet status, including trends, vulnerabilities, and incidents. 18. (SBU) Markoff reported that the USG has been considering architecture for an incident alert and management system, and is consulting with other allies in this regard. The system would need to have real-time warning capabilities. Because CERT-In is India's designated national CERT, the two teams could begin sharing basic cyber watch and warning information almost immediately, she added. Markoff explained that CERT-In must be the government's authorized CERT and be able to share reciprocal information with US-CERT on a 24/7 basis, to qualify for this level of partnership. 19. (SBU) CERT-In Operations Manager Anil Sagar briefly presented on CERT-In's capabilities. He stated that CERT-In is GOI funded, 24/7 capable, and provides both pull (website: http://www.cert-in.org.in) and push (e-mail) alert services. He confirmed that it is the GOI-designated national CERT for all computer security incidents, government and private-sector, and has been operating since January. In response to Markoff's query as to CERT-In's membership in any regional agreements, Sagar said that CERT-In Director Dr. KK Bajaj was at that time engaged in membership consultations for the Asia-Pacific CERT (APCERT). CERT-In,s "wish list," according to Sagar, includes: -- Knowledge-sharing with US-CERT of any discovered operating systems or applications vulnerabilities, -- Updates on viruses and worms in circulation; -- Assistance in vulnerability analysis; -- Capabilities of incident handling; -- Traffic monitoring; -- Intrusion trends and warnings; -- Hacker profiling; and -- Assistance in testing patches for upcoming software vulnerabilities (NOTE: Sagar explained that CERT-In tests commercially-available patches before posting them on their website, because, he explained, they are very careful about preserving CERT-In,s reputation and do not wish to be associated with faulty patches.) 20. (SBU) In exchange, Sagar said that CERT-In could share the following with US-CERT: best practices on systems hardening; co-development of security applications; and information-sharing on systems vulnerabilities information. WG4: Defense Cooperation ------------------------ 21. (SBU) Bloechl explained that robust cybersecurity for the US Defense Department and the military is already in place, under the auspices of a four-star general at US Strategic Command. A Joint Task Force (JTF) was created in 1998 as the primary computer network defense organization for the Defense Department. Other agency and military CERTs report to it, and it works in parallel with the US-CERT under the Department of Homeland Security as its defense sector counterpart. Bloechl invited the Working Group 4 delegation to visit the CSF early and tour the JTF/Global Network Operations Center in Washington, at which time the two delegations could discuss common goals and objectives for bilateral cooperation. Of key importance, he stressed, is that any organization the DOD partners with must be able to protect the information on its own networks. 22. (SBU) Bloechl then asked about the status of India's military CERT -- whether it has 24/7 intrusion detection, an R&D budget, details about its network security and if the military uses simulation modeling to test the security, indicators and warning capability, and pre-attack warning capability. Saini responded that each service (Army, Navy, Air Force) currently maintains its own independent computer networks, each overseen by its own "semblance of a CERT." Over time Saini planned to "grow the existing CERTs until they are fully functioning," primarily by enlarging and training their staffs, a goal he hopes to reach by 2007. Not even the Integrated Defense Staff yet possesses an integrated network -- the stress is to have adequate security in place before linking networks even at the IDS level. Furthermore, beyond the three service networks, the military has only a relatively small number of separate, Internet-accessible workstations. Despite pressure from within the military to expand Internet access, especially leading to broadband access, Saini's preference was to do so only after the military CERTs are fully functioning. 23. (SBU) Commodore J Jena of India's Integrated Defense Staff, who introduced himself by saying that "cybersecurity is my main activity," said the need for an expanded awareness of cybersecurity within the Indian military's Intranets remained acute. He asked whether USG networks were secured with commercially-available products or were manufactured within the government. Bloechl responded that classified systems are secured by USG agencies, including the NSA. Jena then asked what algorithms US classified networks use, and how reliable they are considered to be. Bloechl took the question and will pass to appropriate US offices for potential future action. 24. (SBU) In exchange for US-funded cybersecurity training, Jena said the Indian military was prepared to share the following with the US: -- Counterterrorism/low intensity conflict training and expertise; -- A mode to tap into India's pool of IT talent; and -- Its share in a bilateral cyberwarning function. 25. (SBU) Jena asked about adding additional areas to the discussion agenda, such as using endochromatic radioactive material-embedded hardware and software for security, cyber deterrence, and how to test for and sanitize malicious code. Markoff and Bloechl answered that the key to deterrence is cracking the attribution problem. After Jena asked about hardening systems to withstand an electro-magnetic pulse and how to reconstitute after such an attack, Markoff advised that such issues might be better addressed in the CTJWG. Bloechl added that some elements in DOD might be looking at such problems, but not his office. Bloechl and Jena agreed that data in languages other than English posed a hard problem, one that Markoff said was recognized at the World Summit on the Information Society (WSIS). WG5: Standards and Software Assurance ------------------------------------- 26. (SBU) Markoff opened discussion on Working Group 5 by stating that Dr. Ron Ross of NIST would provide the CSF with a high-level overview of NIST's guidelines on security standards; show how the standards have international applicability; and outline the benefits of ongoing collaboration. Dr. SL Sarnot (Director General, Standards/Testing/Quality Certification Directorate, Ministry of Communications and Information Technology) stated that he had held a prior discussion with Dr. Ross, on common criteria for software assurance, and that both sides of the working group should be able to work well together. The GOI would seek cooperation in implementing NIST assurance protocols, and Sarnot said the US document is more "elaborate" than India's current program. He also asked for assistance in assurance frameworks and training to implement the common framework. A Role for Private Industry --------------------------- 27. (SBU) Markoff and Gupta agreed that if the private sector and industry associations participate in the CSF, they would be included in the plenaries and could make their own presentations in that venue. Markoff suggested that in addition to IT industry representation, IT clients and firms involved in critical infrastructure (banking, telecommunications, utilities, and transportation, for example) should be invited. The delegation need not be huge, but American firms want to engage with their Indian counterparts, to foster deeper relations, but with a government component as the framework to facilitate an industry-to-industry dialogue, she stated. Gupta replied that the 2004 NASSCOM-ITAA conference had set the stage, and cybersecurity awareness has risen dramatically since the 2002 CSF. Markoff observed that the private sector must be part of the solution, as states cannot legislate strong cybersecurity protections into existence. 28. (SBU) Gupta observed that once private firms realize how much business will be tied to firms that work in a secure environment, they might end up pressuring governments into action. A few years ago there was marked resistance to adopting the common criteria for software assurance, he said, but now "all objections are gone." Many firms are only now beginning to understand the difference between information technology and information security. Markoff replied that as more firms lose productivity and business through cyber-attacks, worms, viruses, etc., fewer will require convincing. 29. (SBU) Markoff said that US industry participation would be based in part on the Indian list. She also offered that there could be sector-based break-out sessions for the commercial delegates. Specifically, Markoff said US firms would like to have Indian companies like TATA, WIPRO, and InfoSys represented, as well as national universities and research laboratories. Gupta promised to forward an Indian private-sector list, but cautioned that if they were unable to form a good delegation, they may rely on CII or NASSCOM representatives who could then report back to their members. 30. (SBU) Markoff suggested a list of possible issues and topics that would interest private industry, and that private sector participants could brief on: -- E-signatures; -- Bilateral certification authority; -- Security procedures; -- Technical and language skills; -- Outsourcing; -- Business activity disruption/disaster recovery; -- Help desk/call center operations; -- E-security with handheld devices; -- Cybercrime laws; -- Enforcement of privacy laws/standards; -- Data privacy (including why India does not need to adopt the EU Privacy Law); -- Need to enforce IPR; -- Data protection laws; -- Online database protection; -- Physical security, including biometrics and closed circuit monitoring; -- GPS issues; -- Public safety concerns; -- Outreach to small and mid-sized firms; and -- Protecting financial data. Site Visits ----------- 31. (SBU) Markoff, Bloechl and Gupta agreed that appropriate site visits would be of great value. Bloechl suggested that the defense WG could visit the Joint Task Force on November 8, before the plenary. Markoff added that a visit to US-CERT could also be planned for some of the other working groups. Both parties agreed that site visits would take place on November 8, on the basis of a list of sites the Indian delegation would like to visit. Training Requests and Funding ----------------------------- 32. (SBU) The most important item on New Delhi's training agenda is capacity building, Gupta reported. He emphasized the desire for expert exchanges and hands-on, side-by-side training. Admitting that funding, scheduling, and logistics for sending Indian cybersecurity professionals to the US were issues that needed to be worked out, Gupta offered to host American cybersecurity experts "for three days, or two months, or more" at Indian cybersecurity facilities and classes. Markoff and Gupta agreed that this would be a good issue for the CSF working groups to firm up. When Gupta pressed for working exchanges and hands-on training for CERT-In personnel at US-CERT, or vice versa, Bloechl cautioned him that most of the military CERTs, operations are at the top secret level, though there might be opportunities to observe operations at lower classifications. 33. (SBU) The US and Indian delegations briefly reviewed the September 3 GOI request for cyber forensics training (Ref A). When Gupta asked about funding, Markoff responded that there were few options due to budget constraints. She remarked that there may be opportunities, however, and noted that INL had funded training in Mumbai in 2003, but there is no clear answer yet on USG funding for non-military cybersecurity training. Markoff, Bloechl, Saini and Jena discussed the possibilities and limitations of funding via IMET, FMS and the DOD CT Fellowship Program. Markoff reported that several military training facilities that offer the kinds of courses the GOI sought now qualify for IMET. Markoff also suggested that the Monterey Naval Postgraduate School could customize senior-level courses for GOI groups. ODC Maj. Greg Winston added that Mobile Training Teams were another option, which could be brought to India under defense cooperation programs. He added that some IT-related courses are now covered under IMET. Two important hurdles, however, were that India's total IMET allocation for 2005 will be $1.4 million, and that courses must be at least five weeks in duration. Both delegations agreed to continue the discussion in Washington. Lobbying for 24/7 Cybercrime POC Resolution ------------------------------------------- 34. (SBU) Markoff asked Gupta for GOI support for a US-drafted UNGA resolution calling for all UN Member States to join the 24/7 Cybercrime Point of Contact Network originally created by the G-8. She said it would be the fifth resolution on cybersecurity. Gupta reacted positively and asked for a copy of the draft resolution. (NOTE: Embassy forwarded the draft resolution via the MEA.) GOI's Cybersecurity Vision -------------------------- 35. (SBU) Gupta's short-term vision for GOI,s cybersecurity posture is to have dedicated cybersecurity officers in all government sectors capable of handling all ministry-related aspects of cybersecurity, whether a cyber attack occurs within a ministry or in the private sector areas the ministry oversees. This platform would then grow to include a fully functioning CERT for each sector, with all reporting to and deriving training from CERT-In. Gupta acknowledged that a dearth of trained personnel was slowing progress, which was the impetus behind what he called "inculcating a culture of cybersecurity into the private sector," first by mandating a cybersecurity requirement in engineering college curricula. Saini elaborated that he would like to see cybersecurity training represent 5 percent of education within the IT sector, up from his estimate of 0.01 percent, by 2008. Eventually, he hoped that every IT professional would consider cybersecurity to be part of his bailiwick. Saini acknowledged that this would represent a massive investment by both the government and private industry, and that it would have to be a joint effort and not two parallel tracks. High-Level Policy Support ------------------------- 36. (SBU) Noting that cybersecurity enjoys high-level support from NSA Dixit, chairman of the National Information Board (NIB) which keeps cybersecurity as a top-level policy interest, Gupta described the NIB as "very big," comprising MEA, MHA, Finance, MOD, DIT, the economic sectoral ministries, and law enforcement agencies. It meets every three months. Other Cybersecurity Relationships Pale In Comparison --------------------------------------------- ------- 37. (SBU) Gupta said that although cybersecurity is clearly an issue of international importance, the Indo-US CSF is New Delhi's only substantial bilateral cybersecurity relationship. There had been some efforts at cooperation with Canada and Israel, "but they never took off." He also dismissed GOI efforts to foment cybersecurity cooperation with Russia without elaborating on them. CSF Framework ------------- 38. (SBU) Markoff and Gupta agreed on the following structure for the five working groups and their co-chairs as follows: Working Group 1: Legal Cooperation and Law Enforcement. USG co-chair Anthony Teelucksingh (Computer Crime and Intellectual Property Section, DOJ), GOI co-chair Ms. Renuka Muttoo, Joint Director, Ministry of Home Affairs. Working Group 2: Research and Development. USG co-chair Stan Riveles (Office of the S&T Advisor to the Secretary), GOI co-chair Dr. AK Chakravarti (Advisor, Department of Information Technology, Ministry of Communications and Information Technology) (NOTE: The GOI co-chair was later changed to Dr. N Sitaram, Director Defense Research and Development Organization (DRDO)/Center for Artificial Intelligence and Robotics (CAIR) END NOTE.). Working Group 3: Critical Infrastructure Protection, Watch, Warning, and Emergency Response. USG co-chair Andy Purdy (DHS National Cyber Security Division), GOI co-chair Dr. KK Bajaj (Director/CERT-In). (NOTE: "Emergency Response" was added to working group name to facilitate Bajaj's participation. END NOTE.) Working Group 4: Defense Cooperation. USG co-chair Tim Bloechl (DOD Director of International Information Assurance Programs), GOI co-chair Mr. SK Sharma (Joint Secretary, Ministry of Defense). Working Group 5: Standards. USG co-chair Dr. Ron Ross (NIST), GOI co-chair Dr. SL Sarnot (Director General, Standards/Testing/Quality Certification Directorate, Ministry of Communications and Information Technology). 39. (SBU) The two-day government-to-government forum was tentatively agreed to be structured as follows: -- 11/9 morning: A comprehensive plenary session with all delegates attending. Working groups give short presentations of key challenges and accomplishments in their fields. -- 11/9 afternoon: Plenary continues. Working groups continue their briefings. -- 11/10 morning: Working groups break out into separate meetings. -- 11/10 afternoon: Plenary reconvenes for lunch. Working groups report progress and road maps outlining next steps. Prepare joint statement. USG Participants ---------------- 40. (SBU) The following USG personnel participated in the preparatory consultations: Michele Markoff, Senior Coordinator for International Critical Infrastructure Protection Policy, State/PM Tim Bloechl, Director of International Information Assurance Programs, DOD Linda Hall, US Embassy New Delhi, ORA Howard Madnick, US Embassy New Delhi, POL Maj. Greg Winston, US Embassy New Delhi, ODC GOI Participants ---------------- 41. (SBU) The following GOI officials participated in the preparatory consultations: Arvind Gupta, Joint Secretary, NSCS (Ref B) Commander Mukesh Saini, Deputy Director (Information Security), NSCS (Ref B) Rajesh Mohan, Joint Director, National Security Council Secretariat SIPDIS Commodore J Jena, HQ Integrated Defense Staff/DACIDS (Information Warfare/Information Technology) Renuka Muttoo, Joint Director, Ministry of Home Affairs Dr. G Athithan, Defense Research and Development Organization (DRDO)/Center for Artificial Intelligence and Robotics Dr. SL Sarnot, Director General Standards/Testing/Quality Certification Directorate, Ministry of Communications and Information Technology, Department of Information Technology S Basu, Senior Director, DIT ASA Krishnan, Director R&D, DIT Anil Sagar, Operations Manager, CERT-In Sabyasachi Chakrabarty, Scientist B, CERT-In, DIT 42. (U) Senior Coordinator Michele Markoff cleared this message. MULFORD

WikiLeaks - PRODUCTIVE PREP TALKS POINT TO A SUCCESSFUL JANUARY CYBERSECURITY EXCHANGE

 Important Note: This is exact copy from WikiLeaks - Link. I have copy -pasted here because it deals with me directly. Credit of this blog-post lies completely with WikiLeaks.   


2006 January 5, 12:38 (Thursday)
06NEWDELHI93_a

UNCLAS SECTION 01 OF 04 NEW DELHI 000093 SIPDIS SENSITIVE SIPDIS STATE FOR PM ERUSSELL, MMARKOFF JUSTICE FOR ATEELUCKSINGH E.O. 12958: N/A TAGS: PGOV, PINR, KCIP, TINT, PTER, EFIN, ECPS, KTFN, EAIR, ELTN, IN SUBJECT: PRODUCTIVE PREP TALKS POINT TO A SUCCESSFUL JANUARY CYBERSECURITY EXCHANGE REF: NEW DELHI 9249 1. (SBU) Summary: A well-organized and highly motivated National Security Council Secretariat (NSCS) Information Security Specialist and head of the National Information Security Coordination Cell Commander Mukesh Saini met on December 20 with PM/PPA Deputy Coordinator for International Critical Infrastructure Protection Policy Erica Russell to block out the agenda for the January 16-17, 2006, Cybersecurity Forum in New Delhi. MEA Director (Americas) Gaitri Kumar also attended but offered no substantial inputs. In 90 minutes Saini and Russell reviewed the status and expected progress of the five working groups (WGs), discussed GOI proposals for additional WGs to address transportation and financial sector issues, and fleshed out GOI thinking on additional structures to advance the cybersecurity relationship (joint training, a joint operations fund, and a statement of principles.) The discussion was later joined by PolCouns and NSCS Joint Secretary Arvind Gupta; all sides reported satisfaction with the meeting and predict a productive exchange in January. End Summary. Where We Are, Where We're Going ------------------------------- 2. (SBU) Saini described the US-India cybersecurity relationship as evolving in the right direction: "The first plenary (in 2002) was a political statement, the second (in 2004) was getting to know each other and grasping the subject and its contours. Now, the third (January 2006) should be moving into exchanges of experts, documents, and technology." He recalled that the Cybersecurity Forum predates the Information and Communications Technology (ICT) WG and the High Technology Cooperative Group (HTCG). Russell reported that the WG co-chairs found the bilateral workshops and seminars held from April-September 2005 to be very useful, and that the USG interlocutors look forward to the January plenary. Structure for the January Plenary --------------------------------- 3. (SBU) Saini and Russell agreed that the Cybersecurity Forum would convene at Vigyan Bhawan (a large, modern, GOI-owned conference facility in central Delhi), which reflects the priority New Delhi attaches to this exchange. The group would meet in plenary on January 16; NSA Narayanan or D/NSA Nambiar will provide the opening address, followed by opening remarks from the GOI and USG delegation heads. For January 17, the WGs would meet for the first half of the day, and report their progress at the plenary's conclusion. Russell and Saini agreed that the focus of presentations should be on the way ahead, not on recapping past accomplishments. Three WGs Ready to Go --------------------- 4. (SBU) Russell passed Saini a list from Anthony NEW DELHI 00000093 002 OF 004 Teelucksingh of DOJ's Computer Crime and Intellectual Property Section outlining the topics DOJ wants to cover in January, and relayed that Teelucksingh was pleased with the progress to date. Saini responded that the list of topics appears to meet GOI's expectations. 5. (SBU) Russell told Saini that DHS Director for International Affairs and Public Policy (National Cybersecurity Division) Liesyl Franz and a US-CERT technical expert would attend in January. She added that Franz had difficulty contacting the Indian co-chair for the Watch & Warning/Critical Infrastructure Protection WG, but the two were now coordinating for the plenary. 6. (SBU) Saini reported "reasonably good progress" from the Standards & Software Assurance WG (which he proposed, and Russell agreed, to rename "Standards & Assurances WG"). Russell told Saini that WG co-chair Dr. Ron Ross of NIST's Computer Security Division could not attend the January Forum, but a DOC colleague -- Dan Hurley of NTIA -- who is well versed in Ross's portfolio would fill in. R&D WG on Hold but Long-Term Health Assured ------------------------------------------- 7. (SBU) Russell reported that there was no immediate successor to R&D co-chair Dr. Stan Riveles to attend the plenary, but a PM/PPA detailee, Dr. Bruce Averill, would come on board in early 2006 with the responsibility to revive the WG and to implement measurable initiatives with his counterpart. Saini was pleased that Riveles' replacement would have a two-year tenure. (NOTE: Saini's one abiding concern in recent months has been that frequent turnover in the GOI and USG would retard progress, forcing meetings to be postponed and the WGs to have to constantly get to know each other repeatedly. End Note.) Industry-Industry Dialogue, "Offshoring the Offshoring" --------------------------------------------- ---------- 8. (SBU) Saini and Russell agreed on the importance of increasing industry's role, with Saini highlighting that industry is where the innovation lies, and Russell noting that US industry owns and operates most of the country's critical infrastructure. Russell asked Saini if the topic of data protection in "offshoring the offshoring" (Indian BPOs farming out their business to third-country firms) would be too sensitive to include during the plenary, or if it should be discussed in private. Saini readily suggested having an Indian BPO firm speak on the topic during the plenary, and Gupta later seconded the approval. Saini requested a presentation on the role of the USG in Industry Sector Advisory Committees (ISACs). GOI Proposals for Financial, Transport WGs Moving Slowly --------------------------------------------- ----------- 9. (SBU) Saini outlined that the GOI's proposed Financial Sector WG would address both securing legitimate financial NEW DELHI 00000093 003 OF 004 transactions and tracking illicit finances (Reftel). Russell offered support for the proposal and is making the case to relevant USG agencies, but lining up appropriate partners is a slow process. Saini admitted he was having the same difficulty enlisting the Finance Ministry. The two agreed to invite US Treasury and Finance Ministry to the plenary as an educational exercise, and to work toward a Financial Sector WG later in 2006. (NOTE: US Treasury asked to meet with PM/PPA before the end of December to discuss possible participation in the Forum and international cyber security and CIP engagements in general. Russell will advise of the outcome of these discussions afterwards. End Note.) 10. (SBU) Saini acknowledged to Russell that the GOI had the greater need for transportation sector cybersecurity assistance. Both agreed that, as US-India direct air links expand, the importance of securing airline passenger and cargo data grows rapidly; however, Saini nodded to the enormous volume of Indian rail traffic that presents in his view a more likely target for a cyber attack. "Imagine if our national railway reservation system were locked for just one hour, the result would be chaos," he predicted. Saini stated the Railways Ministry is beginning to stand up a CERT, but he doubted if either it or Civil Aviation Ministry could actively participate in the January Forum. Saini and Russell agreed to encourage government and corporate transportation stakeholders to attend the plenary and the GOI-proposed January 20-21 seminar on Cybersecurity in the Civil Aviation Sector (Reftel) with an eye to forming a WG later in 2006. (NOTE: Upon return to D.C., Russell advised that she now has TSA contacts with whom she is discussing the administration's SIPDIS possible participation in the Forum and the subsequent GOI proposed Civil Aviation workshop.) GOI Joint Fund/Joint Institute Proposal: Looking for $$ --------------------------------------------- ---------- 11. (SBU) Russell told Saini that her office has been unable to locate funds in either the Department or DHS to support the GOI proposal for a Cybersecurity Joint Fund (Reftel), but they are still looking. Saini suggested the two sides first agree to the concept, and secure funds (at a 50-50 split) further down the road. He explained that the fund would help protect cybersecurity travel and training from the budget cycle. Russell replied that she would have an answer on conceptual agreement by January. On the Joint Institute, Saini reported that he would formally present a proposal after he fully clears the concept within the GOI. Something to Sign, Seal and Deliver ----------------------------------- 12. (SBU) To Saini's request to enshrine our cybersecurity relationship in an agreement or protocol as a post-Forum deliverable, Russell suggested a declaration of principles -- which creates no new obligations, retains flexibility, and would be much faster to clear through the inter-agency process than a Letter of Agreement or Memorandum of Understanding. Saini agreed to draft such a declaration. NEW DELHI 00000093 004 OF 004 Subsequent discussions with PolCouns and Gupta indicated the desire to announce the declaration during POTUS's upcoming visit in early 2006. January Follow-Up: NSCS Doing its Homework ------------------------------------------ 13. (SBU) In a January 5 follow-up conversation, Gupta informed PolCouns that the WG co-chairs would complete their draft agendas in the next 1-2 days. He expects 8-10 Indian participants for each WG, and requests that the US side field at least 3-4 to ensure productive exchanges. Characterizing the forthcoming event as an "open forum with a large GOI and industry presence," Gupta queried PolCouns to ensure a sizable delegation to represent US industry. A draft of the proposed POTUS deliverable should also be ready before the plenary opens, to allow the USG side sufficient time to consider the language. Comment: Cooperation at the Speed of Thought -------------------------------------------- 14. (SBU) It is clear that this relationship is progressing well and shows excellent potential for further growth. In many respects the only drags on the cybersecurity relationship are the constraints of money and bodies. The NSCS and most of the WGs are firmly on board, if not leading the way, and Saini and Gupta appear willing to push any lagging GOI elements to maintain the momentum. Saini's expansion plans for sector-specific interactions are generally of mutual interest, and he freely admits where Indian interests outweigh USG's (as in railways security). It is also noteworthy that NSCS clearly has the pen on this issue, with MEA along for the ride -- the Foreign Ministry simply does not have the expertise on this topic, although they are supporting it as best they can. The GOI is focusing on what is achievable, and is for now avoiding USG redlines (such as steganography) to avoid any bottlenecks. All signs point to mutually beneficial progress continuing in this area of our relationship. BLAKE

Sunday 31 January 2021

When Home Minster Conceded Regarding My Duties to Indian Express - Submission in the Court

This has been my arguments from the very first day was that I did nothing beyond my assigned duty. Before 26/11, I had sent a detailed letter through Dr S. D. Pradhan about terror threat and how to stop terror attacks. Then 26/11 happened and Mr P. Chidambram became Home Minister. He gave several interviews at some places quoting sentences from letter verbatim. 

Below is a submission I made in the Court and on 30 Sept 2009. The government did not respond or denied my submission. 












https://indianexpress.com/article/news-archive/web/there-are-leads-on-hafiz-saeed-which-amount-to-evidence-if-these-are-confirmed-by-pakistan-it-is-hard-evidence/



Saturday 24 October 2020

Mention-in-Court of the Hon'ble Supreme Court dated 06.04.2010

 My world came tumbling down on 01 July 2006, when I was put behind bars for performing my duties. I was accused of going against my nation, which was and is against the very core of my nature. I joined the National Defence Academy at the tender age of 17 1/2 years when I did not even reach the age of voting. At NDA, the colour of my blood was changed to the tricolour. Over the period, I kept my knowledge at best by pursuing MBA and MCA of my own, while Navy trained and gave me MSc Degree. I will discuss the NSCS (fake) leak case separately. The fact was that by early 2010, I had spent almost 4 years in Tihar jail. My bail was rejected by Hon'ble Delhi High Court. Hon'ble Supreme Court also did not grant me bail even though the case had no grounds except manufactured evidence. Probably the Supreme Court was not keen to spend time to dwell upon the evidence, hence ordered the trial court to look at my bail petition afresh, without being influenced by the judgement of Hon'ble Delhi High Court. By this time, I was l almost broke due to fees paid to the advocates, funds were just sufficient for the survival of my family. Hence I decided to fight my own case. There were other reasons too, which I will share as we go forward. Despite all evidence in my favour and a clear case of forgery by some police officials, the court was not comfortable to grant bail because of trail judges were ( probably are) afraid of Special Cell of Delhi Police. Hence I decided to write to the concerned bench of the Hon'ble Supreme Court to make them aware of the non-compliance of their orders. 

Here is the copy of the Mention-in-Court, I wrote on 06.04.2006 to the Hon'ble Supreme Court Bench of Justice P. Sathasivam and Justice H.L. Dattu. 








Enclosure 1
The Supreme Court Order dated 26.02.2010



Enclosure -2 
Statements and views of Eminent Personalities on
The Official Secrets Act., 1923


Enclosure -3
Indian Express News Article dated 28.04.2009



Tags: #Justice, #SupremeCourt #jail #arrest #NSCS #Spying #Fight back #battle #FakeCase

Fundamental Rights violation by Courts

  After my plea to the Hon'ble Judges of the Supreme Court as mentioned in the previous blog, finally, the hearing started in the trial ...