Today the farthest point till where our eyes can seewe see urbanization and modernization, and as a result of which all thetransactional activities have taken a virtual form even the most basic of themall i.e. the monetary transactions via various crypto-currencies like the newflavor of the month Bitcoin , Ripple and many more, it tremendous to notice allsuch futuristic hullabaloo happening around but since every coin has two sidesthese fantasies of the of the virtual world or ‘world in a 17′ screen’ have fewstones left unturned as well.
GAG- Speaking in the most common terminology of thatof the layman’s means an order of the court stating not to release any caserelated info to the public or “an official order not to discuss somethingrelated to a legal case”1. Thenomenclature ‘Gag’ mean not to let out any court proceeding or legal secrets.Recently the Hon’ble High Court of Bombay slashed down the GAG order againstthe Sohrabuddin Sheikh’s case on the account stating “Justice should not onlybe done but seen to be done”2.The very essence of the of fundamental rights and an important pillar ofconstitutionality is quashed with the gag order as it does not allow theindividual to see through the justice they seekGag Oder and Cyber security With the increase usage of the internet, cybercrimeshave also took up the pace, internal, external all the sources try to get therequisite information through one platform or the other. The governmentofficials are also way up ahead in infringing the cyber security on the name ofcrime control or tacking the culprits nationally as well as internationally,with the fumes still in the air of the Microsoft Case against the government itcan be clearly seen that the GAG order is a clear violation of the individual’sprivacy, ECPA3demands the company to remain quite while the government or the police ask thecompany about the information on suspects.
The government on the other handstated that if GAG is not to be followed and the company choose to inform theindividual that their personal information is being seek by the governmentthere is a very obvious chance that they may destroy or hamper the evidence. In Indian scenariosuch a case would not even stand a chance thanks to the Clause 34.224which makes it mandatory for the Licensee to make available “details ofthe subscribers using the service” to the Government or its representatives “atany prescribed instant”.
The concern of the government is acceptable on thegrounds that if we strive to protect the information over the virtual platformand provide with the information to the suspect that his information is beingrecorded the chances of temperament are higher but solely relying upon thisfact on cannot put at stake the information of the entire set. The privacyhampering is against the constitutionality and infringes the rights of anindividual, the privacy depends upon scenarios and conditions and it cannot bedealt with a uniform law, the GAG must have certain prerequisites to makecertain cases fall within the purview of GAG but must also have certain relaxationswhere ever needed. 1Dictionary.cambridge.org2www.ndtv.com3 ElectronicCommunications Privacy Act 4 TheInternet Services License Agreement issued under the Telegraph Act 1885