Wednesday, September 16, 2020

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Adnan Abbasi

Article Title

Crumbling State of Liberal Democracy: Some reflections on the International Democracy Day 2020

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Global Views 360

Publication Date

September 16, 2020

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Representative image of people raising question

Representative image of people raising question | Source: rawpixel.com via Freepik

The liberal democratic world order which was accepted as a preferred governance model in major parts of the world has been under assault by the increasing authoritarian leaders since the last few years. The monopolization of power by subverting the in-build checks and balances of the democratic institutions is now a new norm in even the large democratic countries like the  United States or India as well. The International Democracy Day, which falls on 15 September, gives us an opportunity to reflect on the present state of liberal democracy in the world.

Monopolization of Democratic Institutions

In recent years democratic institutions across the world have shrunk into the hands of a few.

In the United States, President Trump is interfering in the running of independent democratic institutions. John Torpy—American academic, sociologist, and historian—currently Professor at City University of New York—fears that US democracy under Trump is going under “swamps”. Mentioning about President Trump’s obstruction of the democratic institutions, he writes “As many people have noted, if the president can simply refuse to cooperate with Congressional requests for documents and witness testimony, we live not in a democracy, which requires that officials be accountable for their actions, but in an autocracy, in which the executive can make decisions without the possibility of oversight by others.”

Viktor Orban, the President of Hungary | Source: Elekes Andor via Wikimedia

In Hungary, democracy is on the proverbial deathbed. Hungarian President Viktor Orban—amidst COVID-19 pandemic—passed a bill in parliament granting his government access to emergency powers. This bill—which is now the law of the land in this European Union country—gives the absolute power to the executive without any checks by the parliament. Political commentators like Zoltan Cegledi argue “The government’s will to destroy, limit and exhaust democracy is permanent. Its future victims will be the remnants of autonomy.”

In India, lately the government scrapped the question hour from the parliament citing the spread of COVID-19. Leader of Opposition Ghulam Nabi Azad expressing his concern on the decision said "In a democracy, the government is answerable to people of India through Parliament and the Parliament comprises members of Parliament representing different states, political parties, and regions of this country. People of the country have no access or means to ask the question to the minister inside the Parliament. So, their representatives are the members of the Parliament. These MPs ask questions on behalf of people of India."

This is not the first time the government of India changed the rules for the conduct of those institutions where it may get questioned. The RTI Act gave people of India the right to seek information from the different institutions of the government (excluding the intelligence). In 2019, the Indian parliament passed an amendment to the Right to Information (RTI) Act of 2005, which is being criticized widely.

Prabhash K Dutta mentions in his article published on India Today that this amendment removes the fixture of duration for the five years for chief information commissioners as well as the information commissioners and altered their salaries, for both they will be separately notified by the government. He furthermore mentions “This, in a political sense, means that the government can threaten or lure the chief information commissioner and information commissioners with arbitrary removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.”

Lady Justice: Allegorical personification of the moral force in judicial systems | Source: Tingey Injury Law Firm via Unsplash

In some countries, the executives are also interfering in the judicial process. President Andrzej Duda of Poland has lately signed a law that gives him power to appoint the judges as well as penalizes the judges of the court to question any appointments done by the President in the judiciary. Malgorzata Gersdorf—the president of Poland's Supreme court—termed it as “Muzzle Law”.

In Hong Kong as well, after the implementation of the New Security Law by the Mainland severely affects the independence of the judiciary and gives China-appointed Chief Executive the power to appoint judges in the “cases of security.”

In Egypt the government under Al Sisi has subverted the judicial system by expanding the scope of military courts. These courts  are directly controlled by the army (not the judiciary) and the defendants can neither access a lawyer nor are brought to a judge after the arrest.

Throttling the flow of information on internet

The assault on democratic discourse has extended to the internet, which has emerged as an important tool for easy and quick access of information. However the authoritarian streak in the ruling establishments do not not want the information to spread so fast.

Anti CAA Protest in Assam, India | Source: Ankur Jyoti Dewri via Wikimedia

An apt example is the widespread shut down of the internet during the time of protest against the Citizenship Amendment Act (CAA) across India. These shutdowns were not only to gag the Anti-CAA protestors but also unconstitutional according to the law of the land.

In Indian province of Kashmir, the internet was totally shut down for almost 5 months from 5th August 2019. The services were later restored but even today, 16th September, 2020 there is no access to the high speed internet in the region.

In some other countries like Belarus and Ethiopia, as well, the government resorted to shutting down the internet during the public protests.

Similarly the popular social media platforms like facebook, twitter, reddit, and many others which are used to freely share information, are restricted or banned in many countries.

This all happened in 2019-20 despite the United Nations General Assembly (UNGA) resolution stating that cutting access to the internet violates  article 19, paragraph 3, of the International Covenant on Civil and Political Rights back in 2011.

Suppressing the dissidents

Anti Al-Sisi protests in London | Source: Alisdare Hickson via Flickr

In Egypt, the government is resorting to Military Court trials, and ditching the normal judicial system. The detainees are put under inhumane conditions (people tried here are mostly the dissidents against the government). Vanshita Banuana from Global Views 360 writes “There have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.”

In India the government uses many draconian laws to suppress activists working for the marginalised communities. The Unlawful Activities Act (UAPA) is the most controversial and draconian law which is being used frequently by the government to curb the dissenting voices.

Indian government, as a part of its ambitious smart city project, is installing CCTV camera systems in the major towns across India. The footage from these cameras along with the AI based facial recognition technology is a deadly combination for curbing dissidence. Privacy experts like Arun Mohan Sukumar fear “If you don’t have adequate checks and balances, there’s a high chance the government will be tempted to use the data for highly dubious purposes.”

A ray of hope

As Victor Hugo said “When Dictatorship Is A Fact, Revolution Becomes A Right.” The people across the world have started speaking up against the assault on democratic values and institutions. They face hardship, vilification, and incarnation but remain committed to fight for the protection of liberal democracy. This gives us hope that the liberal democracy will ultimately prevail as it is what Abraham Lincoln described, “The government of the people, by the people, and for the people.”

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February 22, 2021 11:06 PM

WhatsApp's New Privacy Policy: Collecting Metadata and Its Implications

According to WhatsApp’s new privacy policy, the app is set to collect “only” user’s Metadata. Metadata can reveal a lot more than merely the app usage of a person. Former NSA General Counsel Stewart Baker stated, “Metadata absolutely tells you everything about somebody’s life. If you have enough metadata you don’t really need content.”

This article explores the ways in which WhatsApp is underselling the true estimation of the significance of Metadata.

Facebook owned WhatsApp recently announced the update of its privacy policy terms. 8th of February, 2021 was initially set as the deadline for users to either accept the new privacy policy or delete their account. By this time, most of us have already witnessed or been a part of the backlash that WhatsApp is experiencing. LocalCircles conducted a survey and the results indicated that 15% of India’s users are likely to move away entirely from the app while 36% will drastically reduce the usage and 67% of users are likely to discontinue chats with WhatsApp business accounts.

To reinstall trust in its users, WhatsApp released a clarification stating that the new policy update doesn’t compromise privacy of messages with friends and family. Furthermore, it explains that the update includes changes related to WhatsApp business accounts are optional too.

However, owing to severe backlash, WhatsApp has pushed the deadline to May 15 while they further clarify their policy updates.

It is true that WhatsApp cannot read our messages as it is end-to-end encrypted which implies that only a message’s sender and receiver can read it. The updated privacy policy intends to alert users that some businesses would soon be using Facebook-servers to store messages with their customers. By accepting the new privacy policy, users will be allowing WhatsApp to reserve all rights to collect your data and share it with the expansive Facebook and Instagram networks ‘regardless of whether you have profiles on those apps.’

A person using WhatsApp | Source: Andrés Rodríguez via Pixabay

By using WhatsApp, you may now be sharing your usage data, your phone’s unique identifier, your location when the location service is enabled, among several other types of metadata. A culmination of all your metadata is linked to your identity.

The value of metadata has been underestimated since the term isn’t clearly understood. Metadata is data about our data. For instance, in a cell phone conversation, the conversation itself isn’t metadata but everything except that is metadata. Data regarding who you called, how long you spoke for, where you were when you placed the call, where the other person on the line was and the time you placed the call. Consider a situation when every time you made a call to someone, you had to inform a particular person about who you called, how long you spoke for, when and where and all other details except the content spoken. This applies for every single call and everyone else’s metadata is also being recorded. The person owning the metadata can analyze and tell a lot about your personal life. Who you work with, who you spend time with, who you are close to, where you are at particular times and so on…

Kurt Opsahl, in his post in the Electronic Frontier Foundation, gives an example of how companies and governments collect intimate details about your life with the disguised use of the word called metadata. The following examples are an excerpt of his article:

“They know you rang a phone sex service at 2:24 am and spoke for 18 minutes. They know that you called suicide prevention hotline from the Golden Gate Bridge.

They know you spoke with an HIV testing service, then your doctor, then your health insurance company in the same hour.

They know you called a gynaecologist, spoke for a half hour, and then called the local Planned Parenthood's number later that day. But nobody knows what you spoke about.”

Metadata provides more than required context to know some of the most intimate and personal details of your lives.  When this data is correlated with the records of other phone calls, one can easily obtain a lot more data and track our daily routines. This is merely about phone calls. WhatsApp includes a lot more features and will collect metadata of chats, businesses and money transactions.

In WhatsApp’s words:

“We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.”

In addition to this, WhatsApp also collects information about IP address, OS, browser information and phone number.

Stanford’s computer scientists conducted an analysis to understand the extent of intrusion of privacy using metadata. The scientists built an app for smartphones. The app was developed to retrieve metadata of calls and text messages from more than 800 volunteers’ phone logs. The researchers received records of more than 250,000 calls and 1.2 million texts. Their inexpensive analysis revealed personal details of several people like their health records. Researchers were also able to learn that one of their participants owned an AR semi-automatic rifle with only metadata.

Gen. Michael Hayden | Source: Wikimedia

Gen. Michael Hayden, the former head of the National Security Agency once stated that “the U.S. government kill[s] people based on metadata.”

In 2016, Facebook was involved in the infamous data privacy scandal which centered around collection of personal data of over 87 million people by Cambridge Analytica, a political consulting and strategic analyst firm. The organization harvested user data for targeted advertising, particularly political advertising during the 2016 U.S. election. While the central offender was Cambridge Analytica, the apparent indifference for data privacy to Facebook facilitated Cambridge Analytical and several other organizations.

In June 2018, Facebook confirmed that it was sharing data with at least 4 Chinese companies, Huawei, Oppo, Lenovo and TCL. Facebook was under scrutiny from the U.S. intelligence agencies on security issues as they claimed that the data with the Chinese telecommunication companies would provide an opportunity for a foreign espionage.

In September 2019, there were reports that the Indian government contemplated making it mandatory for companies like Google, Facebook, and Amazon, to share the public data of users.

The Ministry of Electronics and IT (MeitY) was planning on issuing new guidelines under the Information Technology Act which according to which tech giants would have been required to share freely available data or the public information that they collate in the course of their operations, including traffic, buying and illness patterns.

Europe is exempted from WhatsApp’s new privacy policy as EU antitrust authorities fined Facebook 110 million euros for misleading the regulators during the takeover of WhatsApp in 2014. EU’s strict privacy laws empowers regulators to fine up to 4% of global annual revenue of the companies that breach the bloc’s rules.

Your Metadata is extremely personal. By giving WhatsApp the authority to access it, you are giving access to several other organizations, businesses and it also makes you more vulnerable to third-party hackers and trackers. WhatsApp has given multiple assurances about its updated privacy policy being noninvasive. However, most of these assurances are cleverly worded and misleading statements. It is important to read through the fine print of the new policy before accepting it.

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