Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholarUsha Ramanathandescribes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the#BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Friday, March 25, 2016

9633 - Without rules, Sahibs may own your data - Economic Times Blog


March 21, 2016, 6:53 AM IST 

By Eben Moglen & Mishi Choudhary

Now that the inevitable death of Free Basics by Facebook has happened and the dust has settled, the real outlines of the government of India’s Internet and Digital India policies are coming into focus.

The four pillars of the government’s intentions have been declared and are already under construction: a policy to prefer free and open source software in all egovernance software solutions; new guidelines on patenting ‘computer-related inventions’, which will adhere strictly to the prohibition on patenting computer programs; comprehensive reliance on Aadhaar to provide a biometrically-backed digital identity for every Indian citizen; and the ‘India Stack’, a set of software designs that build atop the Aadhaar unified digital identity to provide cashless payment systems available to all Indians, electronic government services and a ‘consent layer’ for transactions exchanging Indians’ personal information in the private market.

This is an immensely ambitious agenda, but how this agenda is fulfilled, and, in particular, what the consequences are for freedom in the world’s largest democracy, will depend on the fifth pillar of the new Digital India. This pillar is protection of all citizens’ right of privacy.

About the role of privacy in the future Digital India, the government is plainly ambivalent. Having announced it would seek a definitive Supreme Court ruling in the ongoing Aadhaar litigation, the government last week chose instead to rush Aadhaar legislation through Parliament under the contentious claim that it represented a money bill insulated from Rajya Sabha consideration, thus avoiding any significant form of public policy debate.

The Aadhaar legislation ensures that there will be a single database, at CIDR, holding fingerprint, retinal scan and, eventually, full genomic information on every Indian, along with name, address, phone number and — in a continuing reminder that every Indian woman is treated as some man’s property—the name of each woman’s husband or father. From this data, the ordinary conduct of the simplified statistics, we call data science, can infer other pieces of sensitive information with almost flawless reliability.

The rules concerning access to and operations on this data — which will be determined by future subordinate legislation — whether the surveillance and control of will be enormously facilitated; whether each Indian’s purchases, savings, gifts and receipts will be trackable, controllable and preventable by anyone with sufficient political power or a stolen set of digital keys.

The Bill accords the government an unrestricted right to access and use CIDR’s database for purposes of “national security”, a term nowhere defined in this legislation, or anywhere else in Indian law. Given that this database can be used to identify, locate and control people — and the likelihood that any uses made for “national security” will be kept secret and outside the scope of judicial review —only the declaration by the Supreme Court of the broadest and most powerful individual constitutional right of citizen privacy can prevent the inevitable misuse of this power by some future government.

Ministers of the present government who were jailed under the Emergency declared by a government without such tools, or whose phones were surveilled by a more recent past government with lesser tools, should be among those most concerned by the possible consequences The government’s concern with acquiring free and open-source software and its decision to resist the blandishments and threats of the multinational IT companies speak to the strongly nationalistic quality of the Digital India vision.

But without an equally clear and determined set of policy commitments to protect the privacy of Indian citizens comprehensively, the digitisation of identity and payment threatens to replace foreign “white” owners of Indians’ lives with domestic “brown” ones. Because information is power, such an oligopoly of data, if it is not imperialism, would be tyranny.

(Eben Moglen is founding director and Mishi Cho
udhary is legal director at Software Freedom Law Center)


DISCLAIMER : Views expressed above are the author's own.