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

Showing posts with label NATGRID. Show all posts
Showing posts with label NATGRID. Show all posts

Saturday, August 16, 2014

5781 - E-Surveillance Projects Of India Need Parliamentary Oversight And Judicial Scrutiny




The National Intelligence Grid (NATGRID) Project of India is an intelligence related project of Indian Government that is intended to give Intelligence Agencies a “Centralised Access” to information of Indian Citizens/Residents. It is part and parcel of other Centralised E-Surveillance Projects of India like Central Monitoring System (CMS) Project of IndiaInternet Spy System Network and Traffic Analysis System (NETRA) of IndiaCrime and Criminal Tracking Network and Systems (CCTNS) Project of IndiaAadhaar Project of India, etc. All these Projects are operating without any Legal Framework and without any Parliamentary and Judicial Scrutiny.

Although the BJP Government has not decided about the fate ofNational Counter Terrorism Centre (NCTC) of India yet it is supporting the NATGRID project. BJP seems to be following the Congress tradition of Non Transparency and Non Accountability regarding Law Enforcement Agencies and Intelligence Agencies of India. Conferring any sort of Legal Immunity upon such Agencies would further complicate the scenario.

It is not the case that BJP Government is not aware of these circumstances. However, BJP has preferred not to take any action in this regard and this may create serious “Constitutional Issues” in the near future. Indian Citizens, Organisations and Entities are also well within their “Constitutional Rights” to refuse to cooperate with these e-Surveillance Projects as a compliance with illegal demands of projects like NATGRID, CCTNS, CMS, NETRA, Aadhaar, etc would  make them liable for various Civil and Criminal Liabilities. Similarly, Privacy Rights in India and their violations would also raise serious “Legal and Constitutional Issues”.

Recently Banks in India refused Aadhaar based authentication for banking purposes. Reserve Bank of India (RBI) has also postponed the implementation of biometric authentication for credit card swipe machines and ATMs due to protest by Banks of India. Now Banks in India refused to give direct access to NATGRID Project of its Customer’s Details.
Indian Laws and Polices are heavily leaning in favour of Illegal E-Surveillance, Phone Tapping and Eavesdropping. For instance, there is an urgent need to repeal the Telegraph and Cyber Law of India. There is also an urgent need to formulate a Lawful and Constitutional Interception Law of India as Phone Tapping in India is widely done in an Illegal and Unconstitutional Manner. E-Surveillance Policy of India is also required to be formulated that can specify the modes, manner and scope of E-Surveillance in India.

The Telecom Policy of India and Telecom Security Policy of India must also be aligned with the Constitutional Protections and must be clean from E-Surveillance Oriented ApproachIndia’s International E-Surveillance Collaborations must be subject to “Constitutional Restrictions and Judicial Scrutiny”. India has been using Illegal E-Surveillance and Secret Wires to indulge in Surveillance related activities. Even the claim of investigation by Indian Department of Telecommunications (DOT) regarding Government Snooping Allegations by Vodafone proved to be a Sham and Façade only as no “Public report” has been shared by DOT and Indian Government in this regard so far. The matter seems to have been “Put Under the Carpet” forever.


Clearly Illegal E-Surveillance, Phone Tapping and Eavesdropping would continue to exist in BJP led regime and Indian Citizens must protect their Civil Liberties in Cyberspace and real space on their own.

Sunday, January 19, 2014

5042 - Contribute to National Intelligence Grid, Shinde tells Banglore's techies


TNN | Dec 15, 2013, 02.54 AM IST

BANGALORE: Union home minister Sushil Kumar Shinde on Saturday called upon IT professionals of Bangalore to join the team at the National Intelligence Grid (Natgrid) and contribute towards building a system for national security. 

"I am confident that Bengaluru, a world famous IT hub, will provide the requisite ecosystem to develop Natgrid into a world-class entity and a unique framework for ensuring national security," he said after laying the foundation for the disaster recovery centre and secondary office of Natgrid at the BSF campus in Yelahanka. 

"One of the important lessons that emerged post 26/11 attacks was that information and indicators of possible attacks were present in separate parts of the system, but there was no technological framework to help agencies piece them together and develop actionable and timely intelligence," he said. 

The ability of terrorists to merge into the same communities they target and use the same infrastructure they seek to destroy make it difficult for agencies to identify perpetrators, he added. 

The Rs 100-crore Natgrid facility is part of the Rs 1,000-crore project, a part of which (Rs 345 crore) was approved by the Union cabinet recently. The Bangalore facility will act as a sub station to the main data centre coming up in New Delhi. The facility, to be built on a five-acre plot, will have a total area of about 1.5 lakh sqft with a data recovery centre (about one lakh sqft) and allied facilities. 

It is expected to be completed in two years. The centre will co-ordinate with 11 different departments, including intelligence agencies. The centre will have state-of-the-art security systems like retina recognition sensors, door metallic detectors etc to ensure high security. 


"Our government has ensured that a 26/11-type attack didn't recur in the past five years. Hanging of Ajmal Kasab, Afzal Guru and arrest of Yasin Bhatkal, Haddi and Tunda solving of bomb blast cases of Bodh Gaya and Patna within no time show the resolve of government to provide security to people," he added.

Thursday, June 21, 2012

2619 - CCS approves Rs 1,100 crore for NATGRID - Governance Now


CCS approves Rs 1,100 crore for NATGRID

The project is expected to facilitate robust information sharing by security agencies and law enforcement agencies to combat terror threat
PTI | June 14 2012

Government on Thursday approved Rs 1,100 crore for purchase of technological equipment to kickstart the National Intelligence Grid (NATGRID) which plans to link 21 categories of databases for ready access by intelligence agencies.
The cabinet committee on security, at a meeting chaired by prime minister Manmohan Singh, gave its nod to the proposal of NATGRID for acquisition of certain technological items mentioned in the Detailed Project Report (DPR), home minister P Chidambaram told reporters in Delhi.

He said the proposal was for purchase of technological items for Horizon-I and some elements of Horizon-II of NATGRID.

NATGRID is conceptualised as a constantly evolving tool that will mature over several horizons with additional functionalities and enhancements over a period of time.

The NATGRID will have access to 21 categories of database like railway and air travel, income tax, bank account details, credit card transactions, visa and immigration records.

The project is expected to facilitate robust information sharing by security agencies and law enforcement agencies to combat terror threat.

As per the initial plan, access to the combined data will be given to 11 agencies, which include central intelligence agencies and the National Investigation Agency among others.

The idea was floated after the November 26, 2008 Mumbai terror attack. Many feel that had NATGRID existed, Lashkar-e- Taiba operative David Headley would not have a free run prior and after the 26/11 strike.

The CCS had approved the setting up of NATGRID on April 8, 2010. As mandated by the CCS, a DPR on NATGRID was prepared. The CCS accorded its "in principle" approval to this DPR in on June 6, 2011.

Sunday, March 18, 2012

2449 - NatGrid has an info-sharing problem - The Asian Age




Trouble continues to brew for the government from within as the National Intelligence Grid (NatGrid), being set up after 26/11, faces resistance from top Central ministries and agencies.

The ministry of defence and R&AW have refused to share information with NatGrid, which will act as the backbone of the National Counter Terrorism Centre, providing it an essential database to track down terror operatives.

The finance ministry has also opposed the home ministry’s proposal to allow banks to directly provide any information on terror-related matters to NatGrid. As a compromise, the MHA has agreed to route all such information through the Financial Intelligence Unit (FIU), placed within the finance ministry.

The finance ministry put its foot down since it wanted to scrutinise the queries of NatGrid involving banking transactions to ensure only information related to ‘counter-terror’ efforts is shared with the Central intelligence platform, sources said.

Following the finance ministry’s objections, it has been decided that all queries involving bank data flowing into NatGrid will be sent to the FIU, which will in turn gather the information from the banks and send it back to NatGrid on a real-time basis.

“Most ministries and agencies are not keen to part with sensitive information,” top government sources said. Both the NCTC and NatGrid have witnessed turf wars and resistance from agencies to share information. More resistance came when the MoD and R&AW opted out of NatGrid despite assurances that they would be required to share only such intelligence that pertains to terrorism.
The government has been unable to build a consensuson the organizational structure of NatGrid till now. NatGrid includes one-third officers from the government and two-thirds from the private sector.


Saturday, May 14, 2011

1297 - The trouble with big brother’s eye - Source - Tehelka

From Tehelka Magazine, Vol 8, Issue 20, Dated 21 May 2011

CURRENT AFFAIRS        
UID PROJECT

The company that will provide biometric solutions for the UID project employs former US intelligence officials. What does this mean for our security, asks Baba Umar

LAST YEAR, Tembhali, a hamlet of around 1,500 villagers in Maharashtra’s Nandurbar district, suddenly received a facelift — paved roads, painted walls and uninterrupted power supply. Not much was known about the village until 29 September when Prime Minister Manmohan Singh and Congress supremo Sonia Gandhi landed here to launch the world’s largest unique identity programme.

The idea was to create unique biometric identification cards for more than 1.2 billion Indians that will contain basic information such as name, a photograph, gender and date of birth plus a microchip to link the card to a biometric database that will have the cardholder’s fingerprints, iris scan, digital face image and address.

The project, which has already cost around Rs 3,170 crore, is slated to help the poor get access to welfare schemes and rid the PDS of grain diversion and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) of pilferage.
Eye spy? 
A Delhi resident has his iris scanned
Photo: Shailendra Pandey

“The UID can be leveraged at various points in welfare schemes to improve the delivery systems by making them transparent and cost-effective,” says Unique Identification Authority of India (UIDAI) Director-General Ram Sewak Sharma.

However, for those working on issues of food security, migration, MGNREGA, civil liberties and human rights, the UID is an invasion of privacy, through which personal information will be stored in a database that could be used for profiling, tracking and surveillance.

And the involvement of companies such as American defence contractor L-1 Identity Solutions — which has names associated with the CIA and other US defence organisations in its top management — together with US-based Ernst & Young and Accenture raises queries about how much access they will have over Indian data.

“Can the government or the UIDAI assure the people that their details will not be shared with business enterprises, companies and political outfits?” asks Gopal Krishna of the Citizens Forum for Civil Liberties. Krishna, who has been aggressively campaigning against the UID, says the Nazi Party had hired IBM to profile people “leading to the Holocaust”. He says IBM was and remains in census business and is currently part of World Bank’s e-Transform Initiative of the developing world of which the UID scheme is a component.

Related
Why Nandan wants to tag You
UID is an Identity Crisis in the Making by Usha Ramanathan-Tehelka
Falling Between The Barcodes-Tehelka

The three foreign companies will be implementing biometric solutions for UIDAI that includes designing, supplying, installing, commissioning, maintaining and supporting the multi-modal automatic biometric identification subsystem.

AMONG THE names associated with L-1 Identity Solutions are former CIA director George Tenet and former Homeland Security deputy secretary Adm James Loy, also on the board of Lockheed Martin. The company’s links with the US military establishment is underscored by the fact that its board of directors include former Army Technology Science Board member BG Beck, former chairperson for the Secretary of the Army’s National Science Centre Advisory Board Milton Cooper.

It’s feared that the database can be used as a bulwark against India because all US based firms are subject to the Patriot Act that obligates American companies to share their data with Washington.

L-1 also mentions on its website its experience with Pakistan’s unique identity agency NADRA (National Database & Registration Authority), which, Krishna says ‘appears to be created on the same business model that is packed by people with intelligence and military links’.

“The UIDAI feared to have linked CIDR with the National Intelligence Grid — created to connect 21 existing databases with Central and state government agencies — and National Population Register and L-1 and Accenture who work in close affinity with US intelligence agencies,” he adds.

 Most Christian and Muslim Dalits are probably worse 
off than so-called Hindu Dalits

Defence experts opposed to the UID, claim that the PMO, defence sites, and more than a thousand government sites were attacked 4,000 times by China in 2010 alone “and things seem no different in this case”.

“The UIDAI has been foolish in its approach towards setting up the UID database,” says Mathew Thomas, former army officer and a vehement critic. “In this programme, fingerprint technology is provided by a US-based company whose directors are former CIA and FBI officers. The database is set up by Accenture. The database is to be linked to other databases like banks, phone companies, etc. Once a person hacks into the UID database, s/he can gain access to any other database. We are handing over data to anyone who would like to take it.”

“Did you hear about the incident in which 77 million Sony Playstation accounts were hacked? That’s why a London School of Economics report warned that such a central database would be a potential target for terrorists. If the purpose is to reduce corruption in welfare schemes, then why create a database of all people? This is where the government and the UIDAI are telling lies. It’s because if they talk about the real purposes of the UID, people would start resisting. It is meant to track and target people,” adds Thomas.

However, contrary to Thomas, others like Brig (retd) Rumel Dahiya of the Institute for Defence Studies and Analysis don’t find anything wrong with the involvement of foreign firms. “I am not discounting that certain amount of pilferage will take place,” he says. “However, the UIDAI has to make sure that the data being processed isn’t linked to servers abroad and it remains within an Indian system. Information of sensitive nature is protected, vetting of all machines from microchips is done, and physical check is ensured when people are working on a database.”

HOWEVER, UIDAI’S Sharma fends off all this criticism by saying that the “data collected for Aadhaar enrolment will be held by the UIDAI and will not be accessible by outside agencies. Any violation will invoke penalties and legal action. Profiling and tracking info and transaction data will not be collected. The UIDAI will not reveal personal information from the database.”

One of the strongest resistances to the UID comes from legal experts who have been questioning UIDAI’s constitutional validity. According to them, many issues including profiling, privacy safeguards, civil liberties protection, and e-surveillance have been totally neglected from the Bill.

“The UIDAI should have been preceded by a constitutionally-sound legal framework and parliamentary oversight. Both of these are missing, making it an unconstitutional project,” says Supreme Court lawyer Praveen Dalal. “Constitutionally, preparation of a legislation/Bill is the duty of the Indian government and it must be passed by Parliament. But in this case, an authority like UIDAI is suggesting the Bill which is itself devoid of any constitutional validity,” says Dalal, adding the enrolment procedures and the exercise of taking biometric details too is “unconstitutional”.

Noted Supreme Court lawyer Rajeev Dhawan believes that internally displaced and refugees “are likely to be harassed”. “If the UID carries with it any other info that is kept in the government databases, it would be an invitation to big brother governance,” he explains. In an earlier interview to TEHELKA (Why Nandan Wants To Tag You 6 November 2010), UID Chairman Nandan Nilekani had himself argued that India needs a well-debated and pervasive privacy law, not restricted to UID.

Still in control UIDAI Director-General Ram Sewak Sharma 
has rubbished fears of data loss
Photo: Shailendra Pandey

Many critics argue that the UID is mainly a security project. And as far as socio-economic benefits of the UID are concerned, the UIDAI itself has stated that it is only in the identity business and the responsibility of tracking beneficiaries and the governance of service delivery will remain with the respective agencies.

“The UID cannot address the bulk of the delivery problems in two of the biggest social sector programmes like MGNREGA and PDS,” says writer and activist Ruchika Gupta. Coupled with technological challenges, the fact that only about half the villages in the country have the mobile connectivity required for UID to work, that biometric readers are error prone, susceptible to damage — linking UID with social sector legislation is completely baseless.

“Without assessing the relationship between an individual and the State, the programme was advertised with the name that corruption is the fundamental problem, but they are handing over all the details to those very people who we are accusing of corruption,” says independent law researcher Usha Ramanathan.

Then there is a strong criticism of the credibility of the UIDAI’s claims in the field of social policy too. “Scrutinising the UIDAI’s documents reveals their poor understanding of how PDS and MGNREGA leakages occur and little evidence of creative thinking on plugging them,” says Reetika Khera, a development economist and assistant professor at IIT, Delhi. She has been critical of the UIDAI’s assertions that the scheme is voluntary. “The UIDAI is eager to enrol people. Till enrolment remains voluntary, people are likely to come in a trickle. To encourage them, government departments will make it a pre-requisite, by linking issue of new job cards to UID enrolment.”

Data collected for Aadhaar enrolment won’t be 
accessible to outside agencies,’ says UIDAI’s 
Sharma

Khera has a point. Because recently the district administrations in Mysore and Bengaluru initiated steps making UID numbers compulsory at various levels in state government offices. The move leaves no chance to stay away from the scheme.

Similarly, India’s national payment gateway, National Payments Corporation of India (NPCI) aims to link Rupay, its soon to- be-launched domestic payment gateway on the pattern of Visa and MasterCard, with the UID programme. The move will allow customers to use their UID numbers as their banking passwords. All this makes UID a compulsory card that will link with it a person’s other information too which is contrary to UIDAI’s policy.

Even as Rajana Sonawane of Tembhali, the first Indian to receive the UID card wonders what benefits the card will offer him, the arguments continue elsewhere about the efficacy of this unique project.

Baba Umar is a Correspondent with Tehelka.
babaumar@tehelka.com