In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

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 scholar Usha Ramanathan describes 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

Monday, September 9, 2013

4585 - India's Open Secrets: Effects on sovereignty and democracy _ Indian Defence Review

By
Issue

| Date : 06 Sep , 2013

Edward Snowden

American spying challenges comprise three categories, namely, friends, enemies and problems. The top two challenges are Brazil and Egypt. That India is No.3 challenge to U.S intelligence1 is strange, considering that India’s PM Dr.Manmohan Singh is known to be submissive to U.S policies and pressures.
From principled non-alignment of Nehruvian days, India became a client state of USA. This was amply demonstrated seven years later in June 2013, with India actually making excuses for NSA spying on India exposed by Edward Snowden.

Perhaps this submissiveness began with the July 2005 India-USA strategic framework signed in Washington, between U.S president George W. Bush and Dr.Manmohan Singh. The main pillars of strategic cooperation were (1) civilian nuclear cooperation to revive the moribund American nuclear industry and, as claimed by the UPA-1 government, ensure India’s energy security, and (2) the knowledge initiative in agriculture to give better access to U.S GM giant Monsanto into Indian agriculture and, as claimed by the UPA-1 government, ensure India’s food security.

The 123 Agreement is a general nuclear agreement USA has with other countries. But with India, it was overshadowed by the India-specific “Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006“, that visualizes India having a foreign policy congruent with that of USA, and actively participating in USA’s efforts to implement sanctions against Iran for not conforming to USA’s checks on acquisition of n-weapons.2 [Note 1].
Dr.Manmohan Singh staked his UPA-1 government for the 123 nuclear deal by making a political quid pro quo alliance with the Samajwadi Party for survival, after the Left withdrew support. It is less well known that at the same time he also staked India’s sovereignty, by implicitly aligning India’s foreign policy with the USA. From principled non-alignment of Nehruvian days, India became a client state of USA. This was amply demonstrated seven years later in June 2013, with India actually making excuses for NSA spying on India exposed by Edward Snowden. It appears that India has been “promoted” from Target No.5 after Iran, Pakistan, Jordan and Egypt3 to Target No.3, neither friend nor foe, but a “problem”, even while being a submissive junior strategic partner of the world’s foremost warmonger. Thus, NSA, with presidential sanction, could well be monitoring the content of telephone calls, emails and cell phone messages of India’s PM, as happening with Brazil’s president.1.

Spying-snooping-scrutiny
Edward Snowden’s expose caused international outrage for NSA infringing on individual privacy, and on friends and foes alike at governmental and public levels. USA’s NATO allies were vocal in their feigned outrage at the revelation that their cyberspace had been secretly invaded by NSA, even their embassies bugged, and data mining performed on their official and private citizens’ communications. True to this writer’s prediction that “there is unlikely to be even a squeak on this sovereignty issue”3, India, far from even feigning outrage, has sought to play down USA’s presidentially-sanctioned spying, snooping and surveillance by terming it as “scrutiny” of India’s cyberspace. However, even “scrutiny”, the mildest of the terms [Note 2], is objectionable because it impinges on India’s sovereignty.

USA’s enormous technological capacity to not merely intercept, copy and store data mined without the knowledge of the rightful owner of the data, but also to match and analyse it on desired parametric bases, makes the words spying, snooping and surveillance, all applicable.

NSA has been mining all electronic data including official and personal correspondence and information at state and national level. USA’s enormous technological capacity to not merely intercept, copy and store data mined without the knowledge of the rightful owner of the data, but also to match and analyse it on desired parametric bases, makes the words spying, snooping and surveillance, all applicable. NSA’s “scrutiny” of India’s cyberspace would inevitably include the personal correspondence and political and financial affairs of members of state and central governments, legislatures and judiciary, besides ordinary citizens. Subsequent close and thorough examination of this data and sorting it by name and political party, etc., would allow profiling any and every bureaucrat, legislator and judge, who would then be open to manipulation and influence from USA.

It is not at all clear whether Mr.Salman Khurshid and other apologists for USA’s arrogant spying-snooping are aware of the personal and official risks of “mere scrutiny”. If they are, it may indicate that they are already compromised. However, it is inconceivable that the general approach if not the precise terms of Mr.Salman Khurshid’s supine equivocation was possible without the directions or approval of Dr.Manmohan Singh, an icon of submissiveness to American “superiority”.

There are people who opine that since India cannot do anything technically or politically about USA’s data mining in India, we should acquiesce. That is in line with the tame and unprincipled policy adopted by external affairs minister Salman Khurshid, in contempt of India’s Constitution that defines India as a sovereign Republic.

Without trace of embarrassment or apology, USA is brazenly maintaining that it has been secretly mining data and physically bugging foreign embassies and premises, all blatant acts of spying-snooping, in order to protect itself against terrorist threat by comprehensive surveillance over U.S and non-U.S citizens, associations and groups. It is now revealed that it has also been spying-snooping over the past many years to gain political, economic, trade and commercial advantage over its own allies and strategic partners, in addition to its ideological and military adversaries. USA’s hegemonic Project for a New American Century (PNAC) – or the new American Empire – is heavily based upon intelligence gathering by passive and offensive cyber operations, assisted by its four servile spying-snooping partners, Britain, Australia, Canada and New Zealand, all remnants of the erstwhile brutal and rapacious British Empire.
With growing public anger that India’s cyber vulnerability was secretly exploited by U.S spying-snooping, India hurriedly issued its policy on cyber security.

Surveillance and security
Surveillance by USA on India’s leaders and private citizens is bad enough, but India is preparing for its own internal surveillance. Surveillance assumes that the subject surveilled is a suspected spy or a criminal [Note 2]. This assumption for general public surveillance in a democracy is unwarranted because the general public becomes “suspect”. Surveillance of criminal suspects (targetted surveillance) is standard police and intelligence practice and, in a democratic society, is done with appropriate established, well-defined checks and safeguards, so that the power of surveillance is not misused to gain advantage or blackmail or settle scores for political or partisan purposes. Even with checks and balances in place, targetted surveillance has led to innumerable cases of staged or false “encounters” resulting in extra-judicial killings based on questionable intelligence reports, mere suspicion or motivated political orders.
The general public surveillance envisaged by India’s Centralized Monitoring System (CMS) is unwarranted, because it is blanket sanction to monitor any or all activities of any or all citizens, associations and groups, and permits secret profiling on the basis of any parameter or combination of parameters such as religion, language, association, ethnicity, etc. Public surveillance thus assumes that any or every citizen is a suspected criminal who can be profiled or picked up at the discretion of an anonymous surveillor.

In this dispensation, instead of the citizen critically watching the State for performance, the shadowy, anonymous surveillors of the State watch the citizen for criminality, thus inverting the constitutional supremacy of the We the People over the State. It marks the beginnings of a police state with unaccountable power to persons in control, not unlike Hitler’s Nazi Germany, Mussolini’s Italy or the former Soviet Union or the People’s Republic of China, all notable for peremptory, brutal and vicious State power.

It is not at all clear whether these grave implications of implementing CMS are in the knowledge of India’s USA-philic legislators, judiciary or middle class intelligentsia. However, it is a good guess that India’s corporate captains who wield enormous influence of money and opinion in the corridors of state and central power are not merely aware, but are actively encouraging CMS and appurtenant organizations like UIDAI and NATGRID.

Cyberspace vulnerability
The ancient Chinese strategist Sun Tzu, in his seminal work “The Art of War”, advises, “… use information to influence the adversary … by exploiting, even creating, vulnerabilities of the enemy, even while hiding (and not creating) one’s own vulnerabilities … to subdue the enemy without fighting”. While Sun Tzu wrote only of enemies, USA’s spying-snooping exploits the cyber and intelligence vulnerabilities of friends, enemies, allies and partners to subdue them to hegemony that will “shape a new century favourable to American principles and interests” and “make the case and rally support for American global leadership”4.

Cyber attack, whether by nation-states or non-state actors, deliberately destroys, corrupts or renders useless or defective, critical or strategic military, economic or political systems.

It is necessary to note that India’s cyberspace vulnerability would likely not have been revealed were it not for Edward Snowden’s courageous expose. With growing public anger that India’s cyber vulnerability was secretly exploited by U.S spying-snooping, India hurriedly issued its policy on cyber security. According to the National Cyber Security Policy-2013 (NCSP-2013) dated 02 July 2013, produced by Department of Electronics and Information Technology under the Ministry of Communication and Information Technology, “Cyberspace is vulnerable to a wide variety of incidents, whether intentional or accidental, manmade or natural, and the data exchanged in the cyberspace can be exploited for nefarious purposes by both nation-states and non-state actors. … The protection of information infrastructure and preservation of the confidentiality, integrity and availability of information in cyberspace is the essence of a secure cyber space.”  Also, “This policy therefore, aims to create a cyber security framework, which leads to specific actions and programmes to enhance the security posture of the country’s cyberspace.”. The NCSP-2013, sent to Cabinet Secretariat, PMO and Planning Commission among other addressees following USA’s brazen cyber-snooping, is admission of abject failure to protect India’s security and sovereignty. India’s belated acceptance of the possibility of “nefarious purposes by both nation-states and non-state actors” while at the same time playing down U.S spying-snooping as “scrutiny”, sadly reveals shameful servility.

U.S spying-snooping in India was perhaps only to gather information and intelligence, and cannot be termed cyber attack. Cyber attack, whether by nation-states or non-state actors, deliberately destroys, corrupts or renders useless or defective, critical or strategic military, economic or political systems. This has been authorized by U.S president Obama as Offensive Cyber Effects Operations (OCEO), to advance “U.S national objectives around the world”. Without doubt, countries like China, Russia, Israel, EU and some others which have strategic vision and cyber capability, have a defined cyber operations doctrine. Further, both USA and Russia have stated that they will interpret cyber attack on themselves as an act of war, which can attract military response. The reason for most countries objecting to U.S spying-snooping is that gathering information and intelligence, and gaining access into information systems, enables USA to very rapidly slip into OCEO at a time of its choice, crippling the target country’s military and government, and subdue it without firing a shot.

The U.S “Intelligence Community” consists of 16 spy agencies including NSA, FBI and CIA, and in terms of expenditures would be the fourth largest military after USA, China and Russia, according to SIPRI. Based on Snowden’s revelations, Washington Post reports5  that “The governments of Iran, China and Russia are difficult to penetrate, …”. By implication, such a well-funded and powerful spying establishment penetrating India’s government would be easy. USA’s super-surveillance combined with India’s political supineness and cyber incompetence, could make CMS a mere tool for furtherance of USA’s global ambitions.

India’s apologetic position regarding USA’s snooping, and the present lack of strategic vision and credible intelligence capability is exacerbated by its dependence upon foreign IT hardware, foreign IT security software and even system expertise.

Lack of strategic vision
India’s apologetic position regarding USA’s snooping, and the present lack of strategic vision and credible intelligence capability6 is exacerbated by its dependence upon foreign IT hardware, foreign IT security software and even system expertise.

This opinion is predicated upon the fact that, with the possible exception of India’s Armed Forces, Indian central and state governments and their agencies have purchased security software in the form of firewalls from international vendors, and contracted out sensitive system and database creation to foreign vendors which are closely connected with intelligence agencies. Such actions could only be because of ignorance, negligence or active complicity of the heads of these institutions.

Specifically, UIDAI Chairman Nandan Nilekani claims that the Aadhaar system is safe because it has “concentric rings of security”. It is shocking that a technocrat of his eminence, elevated to cabinet status, should be unaware of the risks of a hacker breaching every ring of security when each ring is compromised. UIDAI has contracted formation of its Central ID Repository and other critical work to U.S firms having intimate links with the U.S intelligence community3, but nevertheless falsely stated that it has not dealt with any foreign companies. It later denied access to its on-going contract documents with foreign companies, when called for under the RTI Act. Could this be interpreted as active complicity? NSA operatives would be smirking at Nilekani’s innocence.

Sovereignty
Sovereignty is complete power or authority over territorial and material assets, independence and integrity of political and economic policy, and ownership, control & jurisdiction over all national assets and properties. Today, data is the new property, the compromise of which is compromise of sovereignty. USA’s data mining in India is a threat and insult to India’s “sovereign secular socialist democratic Republic”.

…the silence and shameful equivocation of India’s political-bureaucratic establishment stems from the fact that India’s bureaucrats and top politicians in the ruling coalition and the opposition, are in awe of America, or have personal assets in USA, or own off-shore assets which are in the knowledge of USA.
While India’s Prime Minister takes an oath to abide by the Constitution and the laws, the President of India has a more onerous role, swearing to preserve, protect and defend the Constitution and the law. Therefore the President of India, thus far studiously standing out of the controversy, needs to recall his solemn oath and begin to voice his view and opinion on the issues arising out of Edward Snowden’s expose, including providing guidance to his government operating under the executive power of the Prime Minister and his cabinet.
With regard to protecting India’s sovereignty and political self-respect, President Pranab Mukherjee, needs to advise his government to demand (1) an explanation from USA for physical and cyber spying and snooping on India, (2) a guarantee that further physical and cyber spying and snooping will be stopped with immediate effect, and (3) a certificate from USA that all copies of data pertaining to India and Indian citizens mined so far will be irretrievably deleted.

It is worrying that BJP, the largest opposition party and contender for power in the 2014 general elections, has not raised the issue in Parliament nor expressed any serious objection to USA’s blatant assualt on India’s sovereignty. Perhaps the silence and shameful equivocation of India’s political-bureaucratic establishment stems from the fact that India’s bureaucrats and top politicians in the ruling coalition and the opposition, are in awe of America, or have personal assets in USA, or own off-shore assets which are in the knowledge of USA. Is India’s military top brass similarly compromised?

State of vulnerability
Intelligence can control systems and the people who control political and economic systems. NSA’s program code-named GENIE employs U.S computer specialists to break into foreign networks so that they can be placed under surreptitious U.S control. This enables access to personal and organizational data to control people.

USA has a history of effecting regime change in foreign countries by covert and overt means, in pursuance of its global domination policy. India has been a “problem” to USA…

India’s political class is unaware that their personal and party secrets are known to USA. The personal details and secrets of India’s judiciary, bureaucracy-police and military have undoubtedly been acquired and stored by U.S intelligence for future use. It is undoubtedly the same for the captains of Indian industry. The “foreign hand”, hitherto scoffed at as a product of overheated imagination, is a stark reality. Those who control India and guide its destiny are slaves to U.S diktat. It is a moot point whether India’s sovereignty as a democratic republic has been irretrievably lost.

USA has a history of effecting regime change in foreign countries by covert and overt means, in pursuance of its global domination policy. India has been a “problem” to USA because of the strong democratic traditions built by its founding fathers and its robust Constitution. But with the secrets of huge corruption, phenomenal greed and personal peccadillos of its bureaucrats and political class cutting across party lines, known to U.S intelligence, USA can have substantial influence on the outcome of India’s 2014 general elections.
To paraphrase Robert Jensen7, no matter who votes in elections and how they vote, powerful unelected forces set the parameters of political action. India, now in a politically fragmented condition only different in detail from India of the 18th Century, is vulnerable. Will a modern-day Robert Clive bribe, coerce, blackmail, threaten or otherwise influence modern-day Mir Jafars to bring the military boots of American empire into India? Only time will tell.

References
  1. Shoban Saxena; “NSA picked content from Brazilian President’s phones, emails and texts”;     <http://www.thehindu.com/todays-paper/nsa-picked-content-from-brazilian-presidents-phones-emails-and-texts/article5087318.ece>; The Hindu; September 3, 2013.
  2. S.G.Vombatkere; “The Nuclear Deal and some Strategic Considerations: A South Asia Perspective”, Mainstream, New Delhi, Vol XLVI No 34, August 9, 2008, p.23.
  3. S.G.Vombatkere; “Edward Snowden’s Wake-Up Call – Cyber Security, Surveillance and Democracy”; <http://www.countercurrents.org/vombatkere210613.htm>; Countercurrents.org; June 21, 2013.
  4. Zia Mian, “America’s Time and Place”; Economic & Political Weekly; Vol.XL, No.16, April 16, 2005.
  5. Zachary Keck; “U.S Intelligence Community: The World’s Fourth Largest Military?”; The Diplomat; <http://thediplomat.com/flashpoints-blog/2013/08/30/us-intelligence-community-the-worlds-4th-largest-military/>; Accessed 04.09.2013.
  6. S.G.Vombatkere; “Rational National Security”; Indian Defence Review; Vol 27.3 Jul-Sep 2012; November 5, 2012; <http://www.indiandefencereview.com/news/rational-national-security/>.
  7. Robert Jensen; “Our Democracy?”; <http://www.countercurrents.org/jensen300813.htm>; Countercurrents.org; August 30, 2013.
Notes
Note 1. The relevant portion of the Hyde Act states, “It is the sense of Congress that … it is in the interest of the United States to enter into an agreement for nuclear cooperation … with a country that has never been a State Party to the NPT if … the country has a foreign policy that is congruent to that of the United States … “. Also, “The following shall be the policies [to] … secure India’s full and active participation in United States efforts to dissuade, isolate, and if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction … including … the capability to enrich uranium or reprocess nuclear fuel …”. [Ref.2].
Note 2. According to the Oxford Dictionary, snoop = investigate secretly; spy = collect and report secret information; surveillance = close observation of a suspected spy or criminal; scrutinize = closely and thoroughly examine.

About the Author

retired as major general after 35 years in the Indian military, from the post of Additional DG in charge of Discipline & Vigilance in Army HQ.