Central Monitoring System
The Central Monitoring System, abbreviated to CMS, is a centralized telephone interception provisioning system installed by the Centre for Development of Telematics (C-DOT), an Indian Government owned telecommunications technology development centre,[1] and operated by Telecom Enforcement Resource and Monitoring (TERM) Cells.
[6] The Government of India budgeted $150 million for the system as part of its 12th Five Year Plan, with Cabinet ultimately approving a higher amount.
[11] CMS was mentioned by Minister of Communications and Information Technology Kapil Sibal on 1 January 2011, while addressing the media to announce his 100-day agenda for the Indian telecom sector.
Sibal mentioned it in passing, telling the media that "Steps will be taken to establish the Central Monitoring System which will facilitate and prevent misuse of lawful interception facility.
"[15] On 15 October 2012, The New Indian Express reported that the National Investigation Agency (NIA) had requested for authorization to access CMS once it became functional.
[16] Mint cited an internal note from the DoT dated 10 June 2013, which reportedly said that CMS had "undergone successful pilots" and was "likely to be commissioned" by the end of 2013.
595 on scope, objectives and framework of the CMS has struck a balance between national security, online privacy and free speech informed that to take care of the privacy of citizens, lawful interception and monitoring is governed by the Section 5(2) of Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph (Amendment) Rules, 2007 wherein oversight mechanism exists in form of review committee under chairmanship of the Cabinet Secretary at Central Government level and Chief Secretary of the State at the State Government level.
[31] Human rights and civil-liberties groups expressed concerns that the CMS is prone to abuse, and is an infringement of privacy and civil liberties.
Ganguly also felt that increasing surveillance around the world was an attempt by governments to "grapple with the power of social media that can enable spontaneous street protests".
[7] Praveen Swami, strategic affairs editor of Network18, felt that "There is also the argument that the threat of a cyber attack is deliberately overplayed ... it is far-fetched.
[33][34] Pawan Sinha, a human rights teacher at Delhi University, believes that bypassing courts was "really very dangerous" and could be "easily misused".
[35] Pranesh Prakash, director of policy at the Centre for Internet and Society, warned that the lack of privacy laws and government accountability makes the programme "very worrisome.
"[36] Cyberlaw specialist Pavan Duggal stated that the "system is capable of tremendous abuse" and "even legitimate conversations could end up being tracked".
"[37] Human rights activist Neingulo Krome described CMS as "a threat to democracy" and also felt that the agencies involved could "soon challenge the authority of the government itself".
