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, an Indian Government owned telecommunications technology development centre, and operated by Telecom Enforcement Resource and Monitoring Cells. The CMC system is set up in each major state collocated with the TERM Cells. Telecom operators in India are required by law to give access to their networks to law enforcement agencies.
The Indian Government set up the Centralized Monitoring System to automate the process of government-approved Lawful Interception & Monitoring of telecommunications. The Cabinet Committee on Security approved the project of CMS with government funding of INR 400 Crores. Pilot trials have been completed and the system is anticipated to be progressively implemented from the end of the financial year.
History
The 2007-08 annual report of the Department of Telecommunications stated that the requirements for the CMS project had been finalized by the Telecommunication Engineering Center, after deliberations with security agencies, and that the first phase of the project, covering the "national capital", was scheduled to be implemented by 31 March 2008. It also stated that C-DOT had finalized the "scope, architecture and dimensioning of the network". The 2008-09 annual report stated that proof of concept had been demonstrated and that R&D activities for the project were "ongoing". 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. The CMS was fast-tracked following the 2008 Mumbai attacks. However, it faced repeated delays and missed the original deployment deadline of the end of 2012, and the next deadline of March 2013.CMS was first announced publicly in a press release by the Press Information Bureau, dated 26 November 2009. The release lacked details on the system but stated that CMS was a "centralized system to monitor communications on mobile phones, landlines and the internet in the country" and claimed that the project would "strengthen the security environment in the country". 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." The announcement was described as "muted" by Time magazine.
On 9 March 2011, Minister of State for Communications & Information Technology, Sachin Pilot stated that the CMS was to be set up for the "Lawful Interception and Monitoring of communications to address the national security concerns. It will automize the present manual system of interception and monitoring, which will enhance the secrecy of intercepted numbers and will cut down the delay in provisioning."
On 15 October 2012, The New Indian Express reported that the National Investigation Agency had requested for authorization to access CMS once it became functional. The paper also stated that a pilot trial was underway. 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. The government began rolling out the CMS, state by state, in April 2013.
In July 2013, BlackBerry granted the Indian Government access to its messaging services. It is presumed that CMS will be used to monitor these services, although it may be done through C-DOT's Lawful Intercept and Monitoring system. It will make two amendments to the Indian Telegraph Act to allow for intercepting and monitoring through the CMS and to allow "collecting, storing and analyzing message pertaining to information of any nature by the Telegraph Authority".
Interception Authorization
In exercise of the powers conferred by Section 7 of the Indian Telegraph Act, 1885, the Government of India made of the Indian Telegraph Rules, 1951. Directions for interception of any message or class of messages under sub-section of Section 5 of the Indian Telegraph Act, 1885 shall not be issued except by an order made by the Secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India and by the Secretary to the State Government in-charge of the Home Department in the case of a State Government. In unavoidable circumstances, such order may be made by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorized by the Union Home Secretary or the State Home Secretary, as the case may be:Provided that in emergent cases:
in remote areas, where obtaining of prior directions for interception of messages or class of messages is not feasible; or
for operational reasons, where obtaining of prior directions for interception of message or class of messages is not feasible;
the required interception of any message or class of messages shall be carried out with the prior approval of the Head or the second senior most officer of the authorized security i.e. Law Enforcement Agency at the Central Level and the officers authorised in this behalf, not below the rank of Inspector General of Police at the state level but the concerned competent authority shall be informed of such interceptions by the approving authority within three working days and that such interceptions shall be got confirmed by the concerned competent authority within a period of seven working days. If the confirmation from the competent authority is not received within the stipulated seven days, such interception shall cease and the same message or class of messages shall not be intercepted thereafter without the prior approval of the Union Home Secretary or the State Home Secretary, as the case may be.
The Hon’ble Supreme Court has upheld the constitutional validity of interceptions and monitoring under Section 5 of the Act through its order dated 18.12.1996 in Writ Petition No.256/1991 by People's Union for Civil Liberties Vs. Union of India. It has also observed that the right to hold a telephone conversation in the privacy of one's home or office without interference can certainly be claimed as "Right to Privacy", and accordingly, held that telephone tapping would infringe the Right to Life and Right to Freedom of Speech & Expression enshrined in Articles 21 and 19 respectively of the Constitution of India, unless it is permitted under the procedure established by law. The Hon’ble Court further observed that Section 5 of the Act clearly provides that ‘occurrence of any public emergency’ or ‘interest of public safety’ is a sine qua non for the application of these provisions. Neither of these are secretive conditions or situations. Either of the situations would be apparent to a reasonable person.
Interception of communication by authorized Law Enforcement Agencies is carried out in accordance with Section 5 of the Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph Rules, 2007. Following is the list of authorised Law Enforcement Agencies for Lawful Interception:
Central Agencies
- Research & Analysis Wing
- Intelligence Bureau
- National Investigation Agency
- Central Bureau of Investigation
- Narcotics Control Bureau
- Directorate of Enforcement
- Central Board of Direct Taxes
- Directorate of Revenue Intelligence
- Directorate of Signal Intelligence, Ministry of Defence - for Jammu & Kashmir, North East & Assam Service Areas only
Director General of Police, of concerned state/Commissioner of Police, Delhi for Delhi Metro City Service Area only.
Call data records can be sought by following the statutory provisions contained in Section 92 of the Code of Criminal Procedure, 1973 or Section 5 of the Indian Telegraph Act, 1885 read with Rule 419 A of Indian Telegraph Rules, 2007.