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 Venkatesh Bubberjung. Show all posts
Showing posts with label Venkatesh Bubberjung. Show all posts

Sunday, September 3, 2017

11962 - Foreign agencies can access Aadhar data - Sunday Guardian




GOVIND KRISHNAN V.  Bangalore | 25Th Dec 2011



A woman looks at an Iris scanner during data collection for UIDAI, in a village near Bangalore. AFP
he biometric and demographic data collected for Aadhar may be extremely vulnerable to access by foreign intelligence services, defence services and multinationals interested in the commercial use of the data.
The three private entities contracted by the Unique Identification Authority of India (UIDAI) for biometric solutions for Aadhar, have strong ties with the US and the French intelligence or defence establishments. The machines that collect fingerprints and iris scans are being supplied by L1 Identity Solutions, a US security and identity company, which is a major contractor for the US intelligence and defence department. George Tenet, ex-chief of the Central Intelligence Agency (CIA), Loius Freeh, former head of the Federal Bureau of Investigation (FBI) and Admiral Loy, who was the acting director of US Homeland Security are among current or former members of L1's board of directors. The de-duplication of Aadhar data is being done by Morpho-Satyam, a consortium formed between Mahindra Satyam and Morpho, which is a subsidiary of Safran, a French identity and defence supplier. The French government owns 30% stake in Safran and has four representatives in its board of directors. In July, Safran acquired L1 Identity Solutions and partly merged it with Morpho.

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The three private entities contracted by the UIDAI for biometric solutions for Aadhar, have strong ties with the US and the French intelligence or defence establishments.

The UIDAI gave contracts for processing and verifying biometric data to Morpho-Satyam, L1 Identity Solutions and software company Accenture on 30 July 2010 without a tender process. On 20 September 2010, Morpho signed a merger agreement with the American Identity Company. In effect, the UIDAI has given two contracts to the same company. An email sent to UIDAI officials, including chairperson Nandan Nilekani, enquiring whether UIDAI was aware of the upcoming merger between Morpho and L1 Identity Solutions, did not fetch a reply.


striking instance of conflict of interest is the contract given to Syscom Corporation in Noida to enrol people for Aadhar. Syscom, which was empanelled to collect Aadhar data in all states and union territories, is an Indian subsidiary of Safran. If biometric data collected by Syscom is de-duplicated by Morpho-Satyam, you have a situation where the agency collecting the data and the one verifying it to check possible duplication by the enrolment agency, are both owned by Safran. The biometric technology used belongs to L1 Identity Solutions, again owned by Safran.
Sachin Datta of Syscom, however, says there is no safety issue or conflict of interest. "Morpho and Syscom are two separate entities. The data we send to the UIDAI is encrypted and more than one company is involved in the de-duplication," he said.
Robert La Penta, the head and founder of L1 Identity Solutions, has been dogged by controversy. Before he founded L1, Penta worked for Loral Space and Communications, which he left as vice-president in 1996, two months after the crash of a Chinese rocket which used Loral's technology. After investigation, the US State Department accused Loral of passing sensitive material to the Chinese illegally and the company paid a fine of US $20 million in 2002 to settle the charges without admitting guilt.
"If you have given the job of data gathering, verification and storage to private entities with links to foreign intelligence agencies, it makes it childishly simple for these agencies to create fake identities of Indian citizens. What prevents any of these companies from enrolling people under multiple identities and clearing their biometric data when it is sent to them for de-duplication? Even more dangerous, if you are giving such private entities access to the database, foreign intelligence agencies could access information about every Indian citizen," said Colonel Mathew Thomas, a former army officer, who is familiar with intelligence operations.
UIDAI has made conflicting statements about whether these companies would have access only to biometric data for de-duplication or whether they will be provided with access to demographic data as well. The demographic data collected by various registrars include highly personal information like bank account numbers, e-mail Ids, mobile numbers etc. Mails send to UIDAI officials, Safran and Mahindra Satyam asking for clarification about the data given to these companies and about the existence of technological safeguards or auditory mechanisms to prevent data theft and manipulation, were not answered.
A written reply from Accenture said that the company has been given only biometric data, but indicated that the UIDAI may not have insisted on any technological safeguards: "The Accenture Team does not have access to full data; we don't ever have an opportunity to touch a full record comprising of demographic and biometric data. Accenture is bound by the confidentiality obligations in the contract executed with UIDAI. Regarding the technological safeguards, please reach out to UIDAI directly."
Though Accenture is not known to be involved in any violation of government contracts in India, the company has been accused by the US government of taking kickbacks from other software companies for handing out US defence contracts. Accenture paid US $63.7 million to settle a lawsuit in an Arkansas court regarding the alleged kickbacks, but has denied any wrongdoing. Accenture originated as the business and technology consulting division of Arthur Anderson, before it split from Anderson in 2000. Arthur Anderson, one of the largest accounting firms in the US, surrendered its public accounting licence after it was implicated for its loose accounting in the Enron scandal, one of the biggest corporate frauds in American history. "Accenture has never engaged in the practice of public accounting, we were not involved in the Enron matter and from our establishment in 1989 until our incorporation in 2001, Accenture was a separate legal entity from Arthur Andersen and operated independently from that company," Accenture said in its written response.
On 16 November 2010, Nandan Nilekani was given the ID Limelight award by the ID World International Congress in Milan. Safran was one of the primary sponsors of the event. Some anti-UID activists point out that Morpho-Satyam was given the contact by UIDAI barely three months back. In 2008, the same award was given to Tariq Malik,
deputy chairperson of National Database and Registration Authority (NADRA), Pakistan's version of the UID
project. The biometric solutions for NADRA are also being provided by L1 Identity Solutions.
"There is no doubt that it was highly unethical on the part of Nilekani to accept the award, " said Venkatesh Bubberjung, a Bangalore-based lawyer fighting a case to have the Aadhar project scrapped.

Monday, September 30, 2013

4702 - SC rap welcome, but Aadhaar fight continues - DNA

Tuesday, Sep 24, 2013, 12:59 IST | Place: Bangalore | Agency: DNA

Activists and others who have been opposing Aadhaar want UID project to be scrapped

Many Bangaloreans are gladly saying “I told you so!” since the Supreme Court on Monday ruled that the Unique Identification Card cannot be mandatory to avail benefits of government schemes.

There have been several active campaigns against Aadhaar, and some of the campaigners, besides petitions, have even filed suits against the government on the UID project. For them, the SC ruling has come as a welcome move. It is the first step towards halting the faulty project, they say.

Colonel Thomas Mathew, one of the first to file a civil suit on this in early 2011, vows that the fight is far from over. “The SC ruling today is the first step in the right direction of course. But we will continue our fight. We had asked the court to put a stop to this Aadhaar project. Instead the SC has said that the registration for the identity card was purely voluntary and government departments cannot demand the card in order to provide a service.”

WHERE’S THE LEGAL SANCTITY?
There is no law or ordinance regarding Aadhaar. “If the government links ration, LPG or scholarships to Aadhaar, what right to food or right to education do we as Indian citizens claim to have?” Colonel Mathew asks. “If a stranger asks for your name and address, you do not give, and yet you willingly run to fly-by-night operators to submit your biometrics. Did you check who will make use of your information? Which company made the instruments which recorded the biometrics? Will your data be used by other countries? The public are stupid to give all their information to contract employees who are there today and gone tomorrow,” he rues.

The reason why he filed a suit instead of a PIL, he says, was to expose the fraud and corruption involved in the whole process.

WHO GETS THE DATA?
“Everything about it is wrong. The government has been misleading the public about it. It entrusted the process to two companies, L1 Identities Solutions, which was bought by Safron and renamed as Morpho Trust, and Accenture Services, both of which have been mired in fraud. Both of them have been found guilty on several counts and had to pay huge penalties.

Nandan Nilekani was given ID Limelight Award in Milan for his work on the UID project. A key sponsor of the award was Safron Morpho. How can we trust them with such sensitive information?” senior advocate BT Venkatesh, who filed the suit for Colonel Mathew and Somashekara, asks.

He defines the UID project as a “criminal conspiracy by the state”.
The suit was dismissed once, and the appeal on it will be heard in October. “All the people involved in this project should be sent to jail,” he says.

NOT A PENNY MORE
Vinay B, an urban reform researcher, who has been actively fighting for the Say No to UID Campaign, says that Monday’s SC ruling proves that “the government has been misleading people.

By making citizens feel threatened that they would lose out on benefits if they do not have an Aadhaar, the government has treated people badly. They spread so many misconceptions about this project. For example, most people believe it to be a card, when it is just a letter. The whole UID exercise shows how people need to be aware. I hope the people will take the government to task now,” he says.


Crores of rupees have been spent on the project already. Not another paisa should be spent on it anymore, these campaigners say.

Friday, December 2, 2011

2037 - ARE WE SHEEP? THINGS TO KNOW ABOUT AADHAAR by Venkatesh Bubberjung

ARE WE SHEEP? THINGS TO KNOW ABOUT AADHAAR
by Venkatesh Bubberjung on Wednesday, November 30, 2011 at 6:13pm

We Indians are but a flock of sheep. We think that whatever govt does, it is in the interest of people. 

In last couple of months I have spent on this AADHAAR issue, I have come across number of legislators who were shocked about the dangers of AADHAAR. It is the most unsecure data as it is being collected by number of unknown private agencies, who are given these contracts on the basis of REQUEST FOR EMPANELMENT, who are also pocketing hundreds of crores of taxpayers money by sub contracting it, without a drop of sweat on their brow. It is our money that is being swindled. Unfortunately we buy all stupid arguments told by officials of AADHAAR. 

In my discussions on Television and meetings, I have been informed that these agencies are collecting money from many citizen for issuing AADHAAR number. The people are told that if they do not possess the number, they would be denied every governmental benefit. All bunch of lies.

1. It is not in the interest of national security as claimed. It is being given to all residents of India not just citizen. Home Minister has clearly stated that it is not a secure a process.

2. it does not provide any safe procedures. How do you expect nearly 450 million Indians who do not know what a number is. Our standards of literacy are that anyone who can write his name is said to be literate. How do you expect them to remember 12 digit number. It is said that people are being advised that they should tattoo their number on their body. GHAJINI STUFF!!!!!! Do you want citizen of this country be treated like this? (remember no one is being given any card) May be every one of us may need print a BAR CODE on our body!!!!!!

3. It is claimed by UIDAI that it would wipe out number of bogus ration cards, bpl cards and other duplicate cards. Remember that all these cards are meant only for citizen of this country. AADHAAR number is being issued all the residents of India, whether you are a Bangladeshi, Pakistani, Nepali, Srilankan or from any other country, You can get an AADHAAR number if you can produce some address proof say some people. At Mysore even these documents were fabricated to HELP PEOPLE TO SECURE AADHAAR number.

4. While it it is claimed that is is optional and voluntary, it discriminates to all those who do not possess it. National Human Rights Commission has voiced their concern against this. Secondly it is now stated that in times to come to have an insurance policy, LPG, bank account one shall mandatorily need to have AADHAAR number. That it is optional and voluntary is absolute falsehood. We being sheep it is easy to fool us. Mr. R.S.Sharma senior official of UIDAI has said that while UIDAI makes securing AADHAAR number optional and voluntary, the service providers may insist on the production of the number!!!!!! How can you say it is optional.

5. The other identities that are in existence like passport, Driving License, Ration Card, BPL Card, NREGA, there are laws Passport Act and others in force. One can seek redressal in case of difficulties and State is accountable. every identity has a law behind it. Not AADHAAR. The draft National Identification Authority of India Bill is pending before Standing Committee on Finance and it is yet to be presented before legislature. It was not presented in the winter session of our Parliament. There is no law to initiate AADHAAR.It is being implemented without there being any statute to support it. How can they compel all of us to get the number. Most unfortunately all of us like blind sheep have taken AADHAAR number being 'advised' by the elders, who do not have any knowledge of the rights guaranteed under the Constitution of India.

6. They are selling our number to any private agency who want to buy information from our data base. Earlier UIDAI had entered into contract only with Public Sector institutions. UIDAI has said that AADHAAR will be also used for business applications. Virtually any one can get information from the data collected. E.g Colgate can seek data how many in Bangalore use Colgate tooth paste or Brush. Which type of colgate paste sells most. how about other brands. who buys this. income groups. specific areas. This is made possible because your AADHAAR number is linked with your bank account, debit card, credit card, et al. where you buy, what you eat what kind movie you go. whether you have a boy friend, who spends, how you spend on your child. what are your or your child's choices, preferences. List goes on. Remember that you have not just filled your demographic and biometric data for AADHAAR form but also have filled Know Your Resident + form, that contains all your details. Remember too that you have given your bank account number, cell number, land line number, email address and a consent to the authority to use the information for purposes of any other services. Your AADHAAR number is integrated with all these details, your KYR+, KYC( Banks are collecting further data under RBI guidance under the garb of Know Your Customer, where you have given details of your possessions, your family, phew) It is easier to integrate all these information with your lovely AADHAAR number. Imagine the possibilities of invasion of your privacy.

7. It is the duty of our Govt to provide services to us. We have formed it. The Govt is not doing us any favour. Remember therefore they cannot treat us like animals to be branded and used.

8. Please remember Mahatma Gandhi questioned similar act known as REGISTRATION ACT of South Africa and Sathyagraha a tool against tyranny, oppression was born, that has liberated so many nations from oppression.

STRANGELY Nilekani's Montek's, Manmohan's and all those babus at Delhi are compelling all of us to be slaves.

Less said the better about who manages these data. Nay, not the government. It would be private sector, Accenture will integrate the info, Wipro, HCL will buy the Biometric machines (remember that only L 1 Identity solutions machines are to be bought. It happens to be an American company whose directors are former defense officials and Director of CIA) List goes on.

Time you circulate this mail and tell people to desist from getting this kind of number. 

AADHAAR number is in violation of all known human rights that are guaranteed in Chapter III of the Constitution of India. Those who have already enrolled for AADHAAR, If they intend to reconsider, let them issue notice to UIDAI Registered Post Acknowledgement Due, giving the details of their submitting the details and demand the same to be returned.

In Hyderabad while census data says in a particular area there are 17000 persons are living, AADHAAR says it has enrolled 25000 residents. Where did additional persons came from within a span of few months? So is the case in some other areas too.

DO YOU WANT SUCH A NUMBER? please circulate this mail to many. It would be great if many of you think what are the possible dangers in addition to what I have said in the above paragraphs. Those interested may arrange for a meeting in any establishment. We will send our representatives who will address the details about this thing called AADHAAR.

We have filed a suit at Bangalore City Civil Court in O.S.No. 8181 of 2011 (CCH 12) Those concerned and interested may join the suit. Those who intend to initiate such legal process may contact us. REACHLAW, 43, 3rd Cross, Link Road, Malleswaram, Bangalore 560003 e-mail : reachlaw@in.com

WE SOLICIT YOUR QUERIES, SUGGESTIONS, COMMENTS, CRITICISMS ON THE ISSUE. PLEASE CONTACT US

REACHLAW

Monday, November 14, 2011

1789 - Sexual minorities: UID makes them unique target - DNA

Published: Friday, Nov 11, 2011, 11:54 IST

What does gender have to do with unique identification numbers? That’s the question that sexual minorities are asking and they are pondering whether they should opt for Aadhaar.

“Any marginalised community can be targeted. Each denomination can be segregated,” said lawyer BT Venkatesh speaking at a consultation on ‘UID and Transgenders: Potential and Concerns’, on Thursday.

The community that is already discriminated against will become more vulnerable once they tick the ‘TG’ box in the section for gender and become known as transgenders, he said. Also, if the database is hacked, a person’s life can be derailed.

Human Rights activist Uma Chandru said: “Sex workers are constantly harassed. Members of sexual minorities are targeted.” The UID would only help segregate them for such treatment. For instance, the hijra community can be summoned to the police station and harassed if any child goes missing because there is a belief that they steal children, she said.

Members of sexual minorities, who are in desperate need for identity proof as it is a necessity for something as simple as buying a SIM card, are unsure if they should welcome the Aadhaar. Recounting the examination that she had to put herself through to secure a passport, Veena said: “It took me one year and two months to get my passport. At the passport office, the official questioned me for more than an hour. At the hospital, I was stripped, my organs scanned and photographed. At the police station, too, I had to answer many uncomfortable questions.” Authorities even asked her why she needed a passport and if she would misuse it.

Manjesh said that sexual minorities have to work hard to prove their identity and show that the certificates were genuine. “Securing my father's property was difficult. People beat me up and accuse me of stealing someone else's documents,” he said. “I have been unable to get the benefits that are given to disabled people even though I am eligible for it because of the gender and identity issue,” another member said.

However, there is no legal basis for collecting biometric information, Aadhaar is “something sinister” that has to be resisted, Venkatesh said.

Wednesday, November 9, 2011

1773 - Accenture of UID fame received bribes in US - THE SUNDAY GUARDIAN

WEDNESDAY | NOVEMBER 09, 

ABHIMANYU SINGH  NEW DELHI | 6th Nov

Accenture Services, one of three companies responsible for the implementation of biometric solutions for India's Unique Identification programme, has paid $63.7 million to the American government to settle a case involving charges of accepting bribes and delays over budgeting and manipulating bids with regard to government contracts.

A man looks through an optical biometric reader during registration 
for Unique Identification cards in Amritsar in May. AFP

The lawsuit was filed in 2004 in the District Court of Arkansas. Two whistleblowers, Norman Rille and Neal Roberts, alleged that several IT companies, including Accenture Services, received kickbacks in the form of rebates to receive preferential treatment in the award of government contracts. They were advising the US government on which products provided by different IT companies they should use.

The Department of Justice, which became a party to the lawsuit in 2007, said in a press statement, "Kickbacks and bid rigging undermine the integrity of the federal procurement process. At a time when we're looking for ways to reduce our public spending, it is especially important to ensure that government contractors play by the rules and don't waste precious taxpayer dollars."

However, Accenture denied allegations of malpractice in a press statement, claiming that the American government was well aware of "alliance relationships in the IT industry and how they would benefit customers, vendors and the IT industry".

In the past, American agencies have terminated contracts with the company over performance related issues.

This newspaper sent a questionnaire to Unique Identification Authority of India (UIDAI) chairperson Nandan Nilekani, but he is yet to reply.
   
Karnataka High Court lawyer, Venkatesh Bubberjung has sent a legal notice to the UIDAI and the Indian government on this matter. "The UID is a process that reeks of corruption wherein already huge amounts are siphoned off by persons and organisations of dubious antecedents. (The process involves) huge international contracts that are illegal and entered into with organisations that are known for fraudulent practices," he said.

Accenture has awarded the contract for the purchase of biometric authentication devices to Sagem Morpho Security Pvt Ltd. A group called Citizens Forum for Civil Liberties (CFCL) has claimed that Sagem Morpho was given the contract because its parent company, Morpho (the Safran group) sponsored the ID World International Congress in Italy last year where Nilekani was given the ID Limelight Award. Morpho (Safran group) is a French multinational corporation specialising in ID credentials solutions.


An RTI application filed by CFCL revealed that companies are awarded UID contracts based on three criteria: First, the company should have a registered office in India. Second, if that is not the case, it should have a branch office, representative office, sales office or an office of its subsidiary company in India. Third, if these two conditions are not met, the company should submit an undertaking that it would have an office in India in the future.

Venkatesh Bubberjung is planning to file a civil suit against Prime Minister Manmohan Singh and Montek Singh Ahluwalia, in their respective capacities as the chairperson and deputy chairperson of the Planning Commission and against Nandan Nilekani, who is the chairperson of the Unique Identity Authority of India. "On behalf of my client who is a retired defence scientist, I am filing a civil suit against Chairperson UIDAI, Chairperson and Deputy Chairperson of Planning Commission of India for initiating Aadhaar Project that is illegal, unlawful, (and) against the fundamental rights guaranteed under the Constitution," said Bubberjung.