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 Orwellian. Show all posts
Showing posts with label Orwellian. Show all posts

Thursday, April 19, 2018

13306 - Orwellian State: Forget Political Freedom in New India - Quint

Orwellian State: Forget Political Freedom in New India

It has been five days since The Quint’s extraordinary exposé which revealed that electoral bonds – allowing individuals to make cashless donations anonymously to political parties – actually have unique codes on them which are visible only under UV light.
The presence of these codes raises the spectre of government monitoring of political funding. Not surprisingly, there has been no reaction from a government that needs a massive national and international push to even respond to graphic cases of rape, murder, or public lynching happening under its watch.
The prospect of total surveillance of political funding is also important in the current political scenario and deserves our utmost attention.
The Government of India today has at its disposal an elaborate architecture of keeping track of its subjects. At the centre of this architecture lies the Aadhaar number, which is linked biometrically to each Indian, thus, uniquely identifying them and all the services that Aadhaar is linked to – details of their bank accounts and transactions, telephone and electronic communication, tax information, details of the government benefits they receive, etc – to anybody who has access to its database.
Given that electoral bonds are to be purchased from banks, and that bank accounts are linked to Aadhaar, it is conceivable and, in fact, likely, that the government can pull up at will the transaction history of each electoral bond, thus linking each donor, howsoever big or small, to the political parties that they donate to.
In doing so, the government has equipped itself to subtly disrupt even basic health, nutrition, and educational services to political dissidents or the donors of its political opponents.
This is also true of any entity, foreign or Indian, private or public, which has been given or can gain access to the Aadhaar database.
It is not whether governments will use this power – the fact remains that modern technology (like Aadhaar), once linked to all aspects of one’s life, will give them unprecedented power.
After all, let us not forget that Nazi Germany would’ve been less efficient at annihilating the Jews had they not had access to national lists of Jews prepared by IBM and other companies.

Lack of Transparency

There exists a frustrating level of opacity about the relevant safeguards on the use of the data that the government is collecting on all of us. There is little clarity on the individual’s right to their own data, the period of time for which any bit of data shall be retained, rights-based restrictions to prevent misuse of data, and what parts of data and under what conditions can be shared with private or foreign entities.
The opacity on these vital aspects is disturbing, and frankly, frightening. Welfare-oriented schemes are typically designed with safeguards and objective scrutiny built in. Current Government of India actions embody the opposite of such practices.
It is clear from the above that, equipped with the secret codes on electoral bonds, combined with the general architecture of surveillance that now exists, the government can minutely track political funding. But, why is that a bad thing? Couldn’t an argument be made that government surveillance over political funding will make the political process, particular elections, more transparent and less corrupt?
It is well known that the absence of transparent funding mechanisms for elections, which are naturally extremely expensive given India’s size and diversity, is one of the major driving forces for corruption. For several decades, in fact, scholars who study Indian politics have examined this trend.

Superficial Measures to Stop Corporate Funding of Parties

Many of those scholars are united, however, in their view that the answer lies in state funding of elections, where parties would be allotted funds based on their performance (in terms of vote share) in previous elections across different levels. The current government of India, on the other hand, claims to be attacking the problem of corruption by introducing electoral bonds.
The idea is to outlaw or disincentivise cash funding of political parties, and have parties funded entirely by electoral bonds, and then for parties to reveal these details in yearly disclosures to the Election Commission.
On the face of it, it is difficult to determine how electoral bonds actually get rid of the problem of large scale corruption associated with corporate funding of political parties – because such funding can continue to take place under the table, as seems to be the practice today.
In fact, recently the government removed long-standing caps on the percentage of corporate profits that can be donated to parties, thus opening up the political scene to even more corporate money. It is the relatively smaller (individual or company) donors who would mostly be targeted by electoral bonds.
While the government claims that parties are not compelled to reveal the names of these relatively small donors, The Quint has exposed that it has nonetheless armed itself with the machinery to track such funding.
It is very worrisome that the government seems to have been caught in an outright lie to the people.

Political Freedom? What’s That?

While it is a worldwide practice to require corporations to reveal details about the politicians or parties they fund, since there can be clear conflicts of interest in such cases, we should be a lot more cautious about doing away with anonymity at the level of individuals’ contribution to political causes.
Individuals don’t have the power or scale of corporations, nor are there conflicts of interest between parties acquiring small funding from individuals and the policies they will enact once in power.
The electoral bond system doesn’t attack the sources of corruption at its roots, which would be done much better through state funding of elections. It arms the government with yet another tool to monitor the citizenry and the opposition. What is troubling is, this is in sync with the government’s push toward ‘cashless’ economy with policies like demonetisation.
As has been extensively noted, most of the ‘black money’ in the economy is held by high net worth individuals and rich corporations, who have access to elaborate international mechanisms to reroute the money and hence make it ‘clean’. The primary goal of demonetization and ‘cashless’ appears to be to allow the government to monitor individuals’ transactions.
The similarity with other policies like demonetisation strengthens the idea that the presence of secret numbers on supposedly anonymous electoral bonds is part of an elaborate surveillance network which has been constructed to monitor virtually all aspects of individuals’ lives. Unless we take prompt action, our basic political freedoms could be in grave peril.
(The writer is a doctoral candidate in philosophy at the University of Missouri, USA. He has taught philosophy at St Stephen’s College, Delhi. He can be reached at @ritwik_agrawal. This is a personal blog and the views expressed above are the author’s own. The Quintneither endorses nor is responsible for the same)

Thursday, January 25, 2018

12780 - Aadhaar tech, source code are with foreign entities: Opponents in Supreme Court - Economic Times

By Samanwaya Rautray, ET Bureau|

Jan 25, 2018, 11.48 AM IST

NEW DELHI: Opponents of Aadhaar told the Supreme Court that although an Indian entity operates the unique identification system, its source code and proprietary technology are with foreign entities, arguing against creation of an electronic architecture that would allow the state to carry out realtime surveillance of citizens. 

"A foreign military contractor has developed it and has all the rights over the technology. It can take it all away tomorrow," senior advocate Shyam Divan, lead lawyer for those opposing the biometrics-based identification system as reminiscent of the Orwellian state, told the court on Wednesday. "The proprietary technology belongs neither to the government or the UIDAI (Unique Identification Authority of India)," he said. 

Arguing a host of petitions before a fivejudge Constitution bench challenging the validity of the Aadhaar Act, Divan claimed the technology had a GPS system embedded into it to facilitate quick authentication and location, a charge the UIDAI immediately contested. Divan sought to fault the scheme on several counts, but his key argument revolved around its mandatory, all pervasive nature, which he said made it reminiscent of a police state, a big brother

The bench comprising CJI Dipak Misra and justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, among others, asked whether the court could strike down a law on the grounds that it could be misused. 

"Are we second-guessing a scheme which began in 2009, a well-considered scheme that an executive government has put in place, given that nothing is secure any more? When you use Google maps or iPhones can we have these concerns?" Justice Chandrachud asked. 

Whether it could be used for unlimited purposes or for limited purposes sanctioned by law was another matter, he had said a day earlier. 

Responding to his remarks, Divan argued that no other country had implemented such an intrusive scheme on such a vast scale. "This completely violates the limited state concept enshrined in the Constitution," he argued. "You cannot have a police state under our Constitution in which citizens have to lead a life under the gaze of the state." 

Chandrachud asked whether these concerns were valid "when we have to live with terrorism, money laundering and `1,00,000 crore spent on social welfare schemes". 

"You could well argue about extraneous state interest," he said. 

Divan resisted this saying that even in a highly digital, networked world sharing data with one private entity for a limited purpose would not imply necessarily that the person sharing the data had given up his right to keep the information secret for other purposes. 

He also questioned the repeated authentication of the biometrics at the instance of several private players. This will leave the citizen exposed, he argued. He said that it was incumbent on the state to be an ally of citizens against non-state actors. 

Read more at:


Tuesday, December 26, 2017

12552 - 'I disagree with you ... ': Narayana Murthy, Chidambaram spar over Aadhaar - TNN



PTI | Updated: Dec 22, 2017, 23:12 IST

HIGHLIGHTS
  • Record should not be accessed by a hacker or a big brother in the government using my Aadhaar. That's my objection: Chidambaram
  • Murthy said we should not "trash" Aadhaar and took jibes at Parliamentarians for not coming out with a privacy law that can help protect individual's data
MUMBAI: The controversy over Aadhaar on Friday triggered a heated spat between P Chidambaram and NR Narayana Murthy, with the lawyer-politician flagging concerns from a libertarian perspective and the Infosys co-founder stressing on the need for Parliament to enact laws to protect privacy. 

Flaying the Modi government's strident move to get everything linked to this national identification number, Chidamabaram said the "government is completely deaf" to any reasoning against linking Aadhaar to everything under the sun. 

Like any other modern country, there is a need to establish individual identities in the form of a driving licence, at the same time ensuring that there is no violation of privacy with such an identification, Murthy said, speaking at IIT-Bombay's annual Mood Indigo festival here this evening. 

Chidambaram on the other hand argued that using Aadhaar for every transaction has "serious consequences" that will turn the country into an "Orwellian state", compromising the ideals of a liberal democracy and an open society. 

"If a young man and a young woman want to have a private holiday, they may not be married, what's wrong with that? If a young man wants to buy condoms, why should he disclose his Aadhaar or identity?" the former finance minister quipped. 

"Why should the state, that is the government, know what medicines I buy, what cinemas I visit, what hotels I stay in, who are my friends?" he asked further. 

"If I am in the government, I should resist the temptation to know about all these activities which individual citizens do," he said. 

Retorting back, Murthy said, "I disagree with you ... all of the things you talked about are available through Google today." 

Chidambaram said he has not linked his bank account with the Aadhaar number and appealed for a pause on linking activities till January 17, when the a five-judge Constitution bench is slated to resume hearing the bunch of petitions on the matter. 

He further said right now, all the Aadhaar linking is being done not voluntarily by the people but as a tool to "conform" because of the barrage of SMSs and mails. 

"The question is: there are many agencies which say, 'give me your Aadhaar. And even crematorium is asking for Aadhaar today!," Chidambaram said, clarifying that he doesn't oppose Aadhaar as a means to establish identities and help extend government subsidies. 

When pointed out about the potential misuse of the individual data while availing of services by the chair of the panel, Murthy said we should not "trash" Aadhaar and took jibes at Parliamentarians for not coming out with a privacy law that can help protect an individual's data. 

In the wake of criticism of hiding wrongful transactions against those opposing Aadhaar, Chidambaram made it clear that there is nothing to hide and any investigative agencies can access details if needed. 

"... that record should not be accessed by a hacker or a big brother in the government using my Aadhaar. That's my objection," he said. 

The former two-time finance minister in the Manmohan Singh government, that brought in the Aadhaar, pointed out that the original idea of Aadhaar was to help transfer government benefits and subsidies and plug the leaks. 

"Where there are no government subsidies or benefit being transferred, there is absolutely no reason to link to Aadhaar. There are serious consequences of doing that. But this government seems to be completely deaf to any reasoning against linking Aadhaar to everything under the sun." 

Picking up quickly on it, Murthy shot back saying "that responsibility is of Parliament ... to ensure that the executive does not do it. You have all the powers." 

Murthy further said, "Aadhaar is nothing but a simple verification of the identity of an individual. There is no privacy issue here. We've a certain way of identifying individuals and it's like a driver's licence in which there is no privacy violated by that."

To this, the former home minister retorted saying Murthy is "disarmingly innocent", and private people do listen-in to calls.

The two finally did agree, with Murthy saying, "as long as there are laws that protect privacy, there is no issue. I'm not saying you need an Aadhaar to book a film ticket, or some other trivia."

This led Chidambaram to say "in the revised formulation, I entirely agree with Mr Murthy".

"The beauty of disagreeing with Mr Chidambaram is that you can disagree with him as long as you are not disagreeable," Murthy concluded. 

https://economictimes.indiatimes.com/news/politics-and-nation/p-chidambaram-nr-narayana-murthy-spar-over-aadhaar/articleshow/62214211.cms

http://indiatoday.intoday.in/story/chidambaram-flays-aadhaar-narayana-murthy-iit-bombay-fest/1/1116324.html

http://indianexpress.com/article/india/p-chidambaram-narayana-murthy-spar-over-aadhaar-4995205/

https://timesofindia.indiatimes.com/india/murthy-and-chidambaram-spar-over-aadhaar-linking/articleshow/62215930.cms

http://www.livemint.com/Politics/iclxrcfttuqoXwVUh9VwPI/P-Chidambaram-Narayana-Murthy-spar-over-Aadhaar.html

Sunday, November 5, 2017

12261 - Aadhaar cards linked with mobile numbers are an Orwellian nightmare, offer ringside seat to Big Brother

Aadhaar cards linked with mobile numbers are an Orwellian nightmare, offer ringside seat to Big Brother

Oct, 27 2017 22:06:51 IST

In 1949, George Orwell wrote his famous novel 1984. Later, several films touched upon the issue of surveillance, including classics like Enemy of the State, the Net, Total Recall, Minority Report and Eagle Eye, not to mention the recent film Snowden.

In the present day, the Orwellian nightmare threatens to become worrisome, as the government plans to connect your Aadhaar card to your mobile phone number, thereby ensuring that what you write or say or comment will be available forever. Big Brother will not only be watching, he will be cataloguing your preferences, lifestyle and intrude into every aspect of life.
It is not very comforting to know that the promise of encryption has more holes in it than a piece of Swiss cheese. Encryption in say, Whatsapp, may be difficult to navigate for a third party but it can be hijacked en route and if your phone is already compromised, then information can easily be spiked and fed out to another source.

What if phones in the future are sold with the ‘bug’ already installed? Most of us would not even be aware.

Semi-fiction plots in which computers are installed in specific countries with ‘control’ in the hands of the manufacturing nation have already begun circulating. Their weaponry, their traffic, their electric grids, their lives can be then manipulated and rendered ineffective in case they turn renegade.

By using the bogey word ‘security,’ the government can access your personal life and invade your privacy, while convincing you that it is only interested in your safety and has no desire to look into your personal affairs.

If what you are saying sends up warning signals, you can then be tracked, on the grounds that you could be a risk to the country. Unfortunately, the fear of terrorism makes such an intrusion legitimate. The large majority of us would docilely accept being policed technologically, on the grounds that there is no other way to keep a vigil on those who mean us harm.
The so-called advantage of knowing which number is owned by whom comes to naught with the flow of burner phones, the ability to borrow each other’s instruments, to steal sim cards and also use the underground market for illegal sims that can be had for a mere Rs 100. Terrorists have the fiscal liquidity to buy into much more sophisticated telephony or route calls in a criss-cross of the planet, until the snarl would be impossible to unravel.

Let’s also keep in mind the 9 to 10 million foreigners who enter India every year (according to the department of tourism) and hundreds of thousands of the 34 million NRIs, all armed with international mobiles and you have to wonder how flimsy is this defense against a determined militant.

Scarier still is the fact that 40,000-odd phones get stolen every year. Many more cases are not reported. Consequently, at any given point of time, there are several thousand temporarily functioning mobile instruments with live sims.

With laptops and Ipads getting smaller, you do not even need a sim card to send out messages.

So why is this being done? To create a database so vast and so complete that it would be a hacker’s wet dream and terrorists and business corporates, underground organised criminals, and foreign government wanting a ringside view of another nation’s priorities would get their hands on it. How do we know it will not be hacked? We don’t. We truly have no idea.

And if we are to go along with this surrender in good faith, then the authorities have to do a much better job of convincing us. According to the report published by the Abraham’s Centre for Internet and Society, over 130 million Indians have had their Aadhaar details leaked from government websites and actually published. Even now, there is no ban on publicising Aadhaar details or publishing them. This is gift wrapped marketing for online sales in India and all over the world.

All this effort certainly warrants a debate on the efficacy of the contribution made to the nation’s safety, and also what safeguards are being placed to ensure that the fundamental right of privacy is not damaged.


Published Date: Oct 27, 2017 10:06 pm | Updated Date: Oct 27, 2017 10:06 pm

Monday, July 10, 2017

11585 - Government objects to use of ‘Orwellian’ for Aadhaar, says it’s must for plugging leaks - Economic Times




BY SAMANWAYA RAUTRAY, ET BUREAU | UPDATED: JUL 08, 2017, 12.20 AM IST


Aadhar scheme would benefit at least 350 million people in the BPL category.

NEW DELHI: The Modi government on Friday dismissed criticism by Aadhar naysayers that the mandatory and obtrusive nature of the Aadhaar scheme made it Orwellian, and insisted that it was necessary to plug leaks in subsidies meant for the poor. 

Newly-appointed Attorney General for India KK Venugopal took strong objection to the connotation that Aadhaar was Orwellian in nature. The AG was replying to arguments by senior advocate Shyam Divan that the scheme had shades of George Orwell’s totalitarian state described in his novel 1984. 

“Now little children are being asked to give biometrics in school,” Divan contended. People will now be tracked day and night” with “numbers” like in “concentration camps, he charged. 

The AG took “strong exception” to the use of terminology such as concentration camp and totalitarian state in court to describe the scheme. But the bench, comprising Justices Jasti Chelameswar, AM Khanwilkar and Navin Sinha, brushed the AG’s objections aside saying they would only stop counsels from using “unparliamentary” or “impermissible” language. 

“You meet his arguments,” Justice Chelameswar told the AG. 

Divan then went on to claim that his words were not “hyperbole, but an understatement.” The mandatory nature of the scheme, he said, would destroy Article 21, right to life and dignity, as we know it. In his reply to his assertions, the AG said that the Aadhar scheme would benefit at least 350 million people in the BPL category.

“It’s tragedy that such strong language was being used. The public will benefit from the scheme. Half of the subsidies were being swallowed and not being given to rightful people,” he said

.