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

Tuesday, March 27, 2018

13119 - Facebook-Cambridge Analytica row: Whether on FB or Aadhaar, societal need for privacy trumps the individual - First Post



Mar 26, 2018 11:14 AM IST
Comment 3

After days of prodding by the media, Mark Zuckerberg offered a mea culpa, apologising for the “breach of trust between Facebook and the people who share their data with us and expect us to protect it”. The news that Facebook shared user data with a number of organisations including Cambridge Analytica seems to reflect the paradox of surveillance society — that our data is never safe, but share it we must.

So once again, in a Snowdenish moment, we are hit by the revelation that Cambridge Analytica conducted behavioural modeling and psychographic profiling (creating personality profiles by gauging motives, interests, attitudes, beliefs, values, etc) based on data it collected, to successfully (allegedly) target Americans prior to the recent presidential election.

File photo of Mark Zuckerberg. Image: AFP


Meanwhile, in India, political parties have accused each other of hiring Cambridge Analytica for their own election campaigns.

The soothsayer
Facebook collects all kinds of social data about its users, like their relationship status, place of work, colleagues, last time they visited their parents, songs they like listening to, as well as other kinds of information such as device data, websites visited from the platform, etc. This may be information that is shared by the user or what their friends may share about them on the platform.
That aside, let us not forget that Facebook has bought over WhatsApp and Instagram and can tap into data from those platforms as well, apart from the data it buys from data brokers!

Data that is collected is used to draw up the profile of users — a detailed picture of the persona that emerges by piecing together known activity and aptitude and generating predictions about possible proclivities and predispositions. The mechanics of big data thus recreate the sum total of user traits and attributes — without necessarily verifying them per user.

What follows then is the clustering of users into hyper segments with similar attributes for micro-targeting ads. You may merely be ‘liking’ an article on the last male white Rhino, but Facebook will use it to predict with a fair amount of accuracy your political affiliation and sexual orientation, using algorithmic modelling to nudge you to buy something you are most likely to. Hyper-segmentation based on social media profiling can also be used to create a consumer base for political messaging, as has been suggested in the case of Cambridge Analytica.

The target
Many digital corporations, including Uber, Twitter and Microsoft sell their data to third parties who build apps and provide services on top of it. With machine learning, the targeting of individuals assumes new dimensions; it becomes possible to do nano-targeting, zoom in precisely on one individual.

A fintech startup in India recently rejected an applicant because they could uncover that she had actually filed for a loan on behalf of her live-in partner who was unemployed. The boyfriend’s loan request had been rejected earlier. The start-up’s machine learning algorithm had used GPS and social media data — both of which the duo had given permissions for while downloading the app — to make the connection that they were in a relationship.

That big data can be put to use in ways that reinforce ‘social and cultural segregation and exclusion’ is fairly well accepted now. It is this slippery slope from micro-targeting to the social allocation by algorithms of opportunities and privileges that poses serious concerns. A ProPublica investigation from 2016 collected more than 52,000 unique attributes that Facebook used to classify users into micro target-able groups. It then went on to buy Facebook advertisement for housing that demonstrated how it was possible to exclude African-Americans, Hispanics, and Asian-Americans. As Frank Pasquale notes, constitutionally inculcated rights and morality are slowly being undone “by the use of automated processes to assess risk and allocate opportunity”.

The public sphere
This brings us to the question of what the social role of digital intelligence means for the future of democracy. Elections play a vital role in a robust democracy. We seek to safeguard their free and fair nature through regulations that impose restrictions on exit polls or call out parties for unduly influencing voters through the distribution of freebies. Wouldn’t then, a nudging of voters through intimate knowledge of their behaviour be a threat to this socio-political hygiene we seek to maintain?
Can we allow the replacement of the will of the people by a market democracy in which the masses can be gamed? How should the Election Commission take due cognisance of and address such mass-scale manipulation?

Beyond electoral fairness, there are severe repercussions for the sanctity of the public sphere in the rapidly unfolding role of algorithms. When people know that online behaviour is monitored, they carefully moderate how they interact online, a phenomenon referred to as social cooling.


A man goes through the process of eye scanning for Unique Identification (UID) database system. Reuters

The collusion
The Cambridge Analytica episode bears a close resemblance to the Snowden disclosure of the unholy nexus of the state, private corporation, and uninhibited surveillance. India has already succeeded in building a ‘cradle to grave’ Panspectron by seeding citizens’ unique biometric identifier across databases. Aadhaar has allowed for an informationisation of life where “...the human body is reduced to a set of numbers that can be stored, retrieved and reconstituted across terminals, screens and interfaces”.

With the biometric, the body can never disassociate with its data and may be recalled, whenever convenient sans ‘the individual’. To add psychographic data akin to a ‘behavioural’ biometric to this mix is to give a ‘God’s eye view’ of society to the state, one that the state is bound to abuse to determine the human condition. For instance, China’s profoundly disturbing, Sesame Credit uses citizen data including data from everyday transactions, biometric data, etc, to dole out instant karma.

From the other end, corporations who already collect behavioural data are keen on accessing Aadhaar data, for this will allow them to trade data around a unique data point to attain, much like the state, a 360-degree view of their customers.

Facebook has faced criticism in the past for experimenting with users’ emotions, using unethical manipulation of information to influence the moods of users. The plausibility of nano-surveillance raises fundamental philosophical questions about society and human agency, calling attention to the urgent task of reining in the data capitalists.

The norm
While digital corporations claim to audit how third parties may use the data they have shared, monitoring is lax. India does have rules on data sharing; however, these pertain to a predefined list of data types. Traditionally, data protection legislation has focused on ‘personally identifiable information’(PII), but with technological advances — a la big data analysis and artificial intelligence, what is or is not PII is contested. The law, therefore, needs to be re-imagined to suit contemporary techniques of data analysis.

Besides the fact of unencumbered data sharing, that Facebook was able to collect such vast amounts and varied kinds of data is itself unsettling. To prevent the frightening prospect of future society being reduced to an aggregate of manipulated data points, it may well be necessary to determine that certain kinds of data will not be collected and certain types of data processing will not be done. Restrictions on collection and use can be sector specific, based on well debated social norms and constitutionally driven, much like how the Delhi High Court held on the grounds of the Right to Health that excluding genetic disorders from insurance policies is illegal.

It is time we moved from individual-centred notions of privacy where the ‘user’ is constantly asked to barter the right to privacy for entitlements, credits, and conveniences. Nandan Nilekani's exhortation that citizens be empowered to monetise the plentiful data they generate and get easier credit, better healthcare, better skills and welfare benefits is a recipe for a disempowered society left to the whims of neo-liberal market democracy. The social value of privacy needs to be spotlighted for it urges us to look not only at the individual right over data, but the social benefits that we derive from its recognition.

So far as societies are products of behavioural modelling, Zuckerberg’s apology does not really count.

The authors are with IT for Change, an NGO that works at the intersection of digital technologies and social justice



Published Date: Mar 26, 2018 10:10 AM | Updated Date: Mar 26, 2018 11:14 AM