Centre for Internet and Society

Digital Native: Cause an Effect

nishant — 2018-06-26T15:21:01Z

Aadhaar is a self-contained safe system, its interaction with other data and information systems is also equally safe and benign.

The article was published in the Indian Express on June 17, 2018.

Statistically, it has been proven, that the consumption of ice cream in the country increases significantly in the summer months. In the same months, the number of housebreak incidents also increase. It might be possible, though ridiculous, to now make an argument that eating ice cream leads to increased frequencies of housebreakings, and, hence, sale and consumption of ice cream should be regulated more rigorously. The humour in this situation arises out of the fact that we know, at a very human level, that correlation is not the same as causation.

We know that just because two things happen in temporal or spatial proximity with each other doesn’t necessarily mean they are connected or responsible in a chain of events. This is because human communication is designed to make a distinction between cause-and-effect relationship and happened-together relationship between two sets of information.

However, when it comes to computation, things turn slightly different. Within the database logics of computation, two sets of data, occurring in the same instance, are subjected to a simple scrutiny: Either one of them is linked with the other, or, one of the two is noise, and, hence, needs to be removed from the system. Computation systems are foundationally anchored on logic. Within logical systems, all the events and elements described in the system are interlinked and have a causal relationship with each other. Computational learning systems, thus, do not have the capacity to make a distinction between causal and correlative phenomena.

This is why computation systems of data mining and profiling are so much more efficient than human cognition. Not only are these systems able to compute a huge range of data, but they are also able to make unprecedented, unforeseen, unexpected, and often unimagined connections between seemingly disparate and separate information streams. I present to you this simplified notion of computer logic because it is at the heart of the biometric identity-based debates around Aadhaar right now. Recently, Ajay Bhushan Pandey, CEO, UIDAI, wrote an opinion piece that insisted that the data collective mechanisms of Aadhaar are not only safe but also benign. His opinion is backed by Bill Gates, who also famously suggested that “Aadhaar in itself” is not dangerous.

And, in many ways, Gates is right, even if Pandey’s willful mischaracterisation of Gates’s statement is not. For Gates, a computer scientist looking at the closed architecture of the Aadhaar system, it might appear, that in as much as any digital system could be safe, Aadhaar is indeed safe. In essence, Gates’s description was, that as a logical system of computational architecture, Aadhaar is safe, and the data within it, in their correlation with each other, does not form any sinister networks that we need to worry about.

However, Pandey takes this “safe in itself” argument to extend it to the applications and implementations of Aadhaar. He argues that because Aadhaar is a self-contained safe system, its interaction with other data and information systems is also equally safe and benign. In this, Pandey, either out of ignorance or willful mischaracterisation, confuses correlation with causality. He refuses to admit that Aadhaar and the biometrics within that are the central focal point around which a variety of data transactions happen which produce causal links between disconnected subjects.

Thus, the presence of a digital biometric data set might not in itself be a problem, but when it became the central verification system that connects your cellphone with your geolocation data, your presence and movement with your bank account and your income tax returns, your food and lifestyle consumption with your medical records, it starts a causal link between information which was hitherto unconnected, and, hence, considered trivial.

The alarm that the critics of Aadhaar have been raising is not about whether the data on Aadhaar is safe or not, but, how, in the hands of unregulated authorities, the correlations that Aadhaar generates and translates into causal profiles have dire consequences on the privacy and liberty of the individuals who carry the trace of Aadhaar in all facets of life. Pandey and his team of governors need to explain not the safety of Aadhaar but what happens when the verification information of Aadhaar is exploited to create non-human correlations of human lives, informing policy, penalisation and pathologisation through these processes.

For more details visit https://cis-india.org/raw/indian-express-nishant-shah-june-17-2018-digital-native-cause-an-effect

Digital illusions

praskrishna — 2017-02-16T14:53:39Z

The Watal Committee’s report presents the government with an impossible road map to a cashless nirvana.

The article by V. Sridhar was published in Frontline, Print edition: March 3, 2017

MORE than two months after demonetising an overwhelming proportion of the currency in circulation, the Narendra Modi government now appears to have settled on its key objective for setting out on the unprecedented economic adventure. After shifting the goalposts several times—initially it was a means of combating terrorism and fake currency, later it was a war on black money and still later it was to forcibly march the country towards a “cashless” future, which was then modified to a more reasonable “less cash” society—the government now ostensibly has the road map to undertake the hazardous journey to an age when cash will no longer be king.

There is no better and time-tested means for a government bent on carrying out its whims than to appoint a committee headed by a former bureaucrat to give it the report that would justify what it has already decided to do. In August 2016, months before demonetisation, it constituted the Committee on Digital Payments, chaired by Ratan P. Watal, Principal Adviser, NITI Aayog, and former Secretary, Ministry of Finance. The committee dutifully submitted its report in double quick time on December 9, which was approved by the Finance Ministry on December 27.

The haste with which the committee has gone about its business is evident throughout the report. The committee’s slant is also evident in its approach, especially the reverence with which it welcomes the demonetisation move, even though it was commissioned before November 8, and its recourse to suspect data from private industry and multinational companies even when better quality data were available from official sources such as the Reserve Bank of India (RBI). The report’s lack of rigour, especially in tackling the substantive issues pertaining to monetary policy, was also hindered by the fact that not a single economist of worth, not even a specialist in monetary economics, was present in the committee.

Reckless rush

However, to blame the committee alone would be futile. The government, by pursuing an ambitious and reckless push towards “less cash” before setting out a regulatory framework governing digital payments, in effect, placed the cart before the horse.

The report reveals not just the haste with which the Watal Committee has pursued its mission with evangelical zeal but its utter lack of respect for conceptual issues. Nowhere is this more evident than in its recommendation that the regulatory responsibilities for governing the digital payments system be distanced from the RBI. This not only is out of tune with global practices, but it reveals the committee’s sheer inability to understand the fact that although payments account for just a small fraction of what a banking system does, they impinge on modern banking and monetary policy in crucial ways.

In a modern economy, currency creation by the central bank through fiat money is not the only means by which money is created. Deposits with banks, for instance, which provide the base for credit creation, are a means by which banks “create” money. From this perspective, a mobile wallet service provider also acts like a bank; even the users’ monies are held only for a brief period until transactions happen.

Thus, it appears fit and proper that such services are also governed by the central bank. However, the Watal Committee has recommended that they be supervised by an entity that has a measure of independence from the RBI. This suggestion is dangerous because such entities can potentially pose a systemic risk, which is a key responsibility of a central bank. There is also the risk of regulatory capture of the suggested body, the Payments Regulatory Board (PRB), if sections of the payments industry exercise their newly acquired clout.

The committee’s enthusiastic acceptance of the “go cashless” mantra is also evident in the data it has sourced. A good example of how it cherry-picked data is its use of a highly dubious (or at the very least, utterly misplaced) dataset to make the point that India is far too dependent on cash. It points to data sourced from the International Monetary Fund (IMF) and other sources to claim that India’s cash-GDP (gross domestic product) ratio is 12.04 per cent, much higher than countries such as Brazil, Mexico and South Africa.

However, this much-abused dataset, quoted widely by advocates of demonetisation, is an inaccurate measure because it only captures the extent of physical currency in circulation and ignores short-term deposits, which are defined as “broad money”. Logically, these deposits must be included because they are virtually on call by depositors and are, therefore, liquid. Secondly, the fact that such deposits have been increasing as a proportion of the currency in circulation, aided by the spread of banking in India, makes them particularly relevant in the Indian context. The committee, in its bid to justify sending the nation on a cashless path, proceeds to evaluate the “high” costs that cash imposes on the Indian economy. It quotes from McKinsey and Visa, both of which may have a vested interest in India’s mission to go cashless, to drive home the point that going digital would result in huge savings. It quotes McKinsey to claim that “transitioning to an electronic platform for government payments itself could save approximately Rs.100,000 crore annually, with the cost of the transition being estimated at Rs.60,000-70,000 crore” and a Visa report that claims a total investment of Rs.60,000 crore over five years towards creating a digital payments ecosystem could reduce the country’s cost of cash from 1.7 per cent of the GDP to 1.3 per cent.

Even while pushing the benefits of going cashless, the committee does admit that the transition to digital payments “cannot be agnostic to the actual costs incurred by the end customers, the reasons for preferring cash, and the factors inhibiting the uptake of existent channels of digital payments”.

A large part of the Indian economy is its “black” counterpart, estimated at about 60 per cent of the legitimate part of India’s national income. Since a significant portion of the currency in circulation caters to the demand from the shadow economy, apart from the huge segment that is engaged in legitimate but informal economic activity, these estimates miss a significant chunk of the economy and its need for cash. Conceptually, to that extent, they significantly overstate the extent of cash relative to real GDP, including the portion missing from official data.

The naive assumption that digitalised financial transactions are scale-neutral and costless, painless and efficient lies at the heart of the Watal Committee’s report. This has obvious implications for India’s large informal economy, which the Modi government is pushing, under pain of death, towards formality through digital channels. For instance, basic data on the usage of debit cards show how skewed the demand for cards is in India. In August 2016, cash withdrawals at ATMs accounted for 92.28 per cent of the value of all debit card transactions in the country. Thus, less than 8 per cent of the total value was made at point-of-sale (PoS) terminals.

This statistic is a clear indication of a divide that mirrors the income and consumption divide in Indian society. When banks issue cards (debit, credit or any other), card payment system companies such as Mastercard and Visa provide an interface with the customer for which the issuer pays a fee, which is, in any case, recovered from customers. According to a recent study by Visa, the penetration of PoS terminals has slowed down significantly since 2012, when the RBI set limits on what the card companies could charge as merchant discount rate (MDR), the amount charged from sellers. This reveals that card companies may have been slowing down penetration in order to bargain for a bigger slice of the transaction fee. Although the rates apply not just to card-based purchases but to cash withdrawals too (and have been waived or lowered in the wake of demonetisation on a purely temporary basis), there is no guarantee that they will not increase once the situation returns to normal. This is aggravated by the fact that the government may have little or no control, or the will, to prevent banks and card issuers from charging higher rates later. This has been demonstrated in the past with, for example, ATM-based withdrawals, for which customers have to pay a fee after a minimum number of transactions.

The flat fee (as a percentage) is regressive, especially because it punishes smaller sellers. It is in this sense that finance, digital or otherwise, is never scale-neutral. The fact that the immediate victims of demonetisation are small-scale producers and retailers implies that the balance has been tilted against them and in favour of larger producers and retailers after November 8. By skewing the field against small and tiny enterprises, demonetisation has been the vehicle for a massive and unprecedented transfer of incomes and wealth from the poor to the rich.

There is also a fundamental asymmetry in the use of technology in the financial services industry. ATMs, which have been around for decades, were originally touted as a technology that increases efficiency in the use of cash; you only need to withdraw as much as you need, so there is no motive to hoard cash. But that was not the motive for introducing ATMs; the real reason was that they enabled banks to reduce their workforce to cut costs. As ATMs became more ubiquitous, banks started moving from cost cutting to profit-seeking by levying a fee for every transaction above a minimum threshold. In effect, the gains from technology are boosting the profitability of banks while the wider systemic benefits made possible by the same technology have been sacrificed, as the imposition of fees above a minimum threshold actually drives people to hoard cash.

A study by Visa in October 2016, titled Accelerating The Growth of Digital Payments in India: A Five-Year Outlook, reveals that a one percentage point reduction in cash in circulation as percentage of GDP would require digital transactions of personal consumption expenditure to multiply ninefold. In other words, Visa suggested that digital transactions as a percentage of personal consumption expenditure would need to increase from 4 per cent to 36 per cent if the cash-GDP ratio has to reduce from 11 per cent to 10 per cent.

Security concerns

Apart from these weighty economic issues, which are central to the move towards digital financial transactions, there are other critically important issues that the committee has either ignored or swept under the carpet. The question of privacy and security was a central issue at a recent conference on digital payments organised by HasGeek, a platform for software developers, in Bengaluru. Several experts, including some from the payments industry, pointed out the serious security and privacy issues that are being ignored in the rush to go digital. For example, an expert on data security warned that the mindless rush to mobile-based transactions was especially scary because most Android phones are vulnerable because they leak data. In fact, he noted that it may be safer for Android mobile users to perform digital transactions using desktop browsers.

But what is more scary is the manner in which Aadhaar is being touted by the committee as the magic wand by which the digital era can be ushered in quickly. It recommends that mobile number-based and Aadhaar-based “fully interoperable payments” be prioritised within 60 days and that the National Payments Corporation of India (NPCI) be responsible for ensuring this.

There has been significant resistance to the idea of an Aadhaar-enabled service for digital transactions, primarily because of security and privacy concerns. Entities such as the Centre for Internet and Society have warned against linking Aadhaar to the financial inclusion project because it violates the Supreme Court stricture against making Aadhaar mandatory. Kiran Jonnalagadda of HasGeek pointed out that the Aadhaar system offered only “single factor authorisation”. He said in a recent tweet that Aadhaar involved only a permanent login ID without “a changeable password”, which, from a systemic point of view, made it open to abuse.

Longstanding critics of the Aadhaar project have pointed out the launch of such a countrywide programme at a time when a regulatory regime is not even in place, and when India does not have privacy protection laws, is dangerously misplaced. They have pointed to the fact that unlike in the case of a debit or credit card, which can be replaced when its integrity has been compromised, the theft of biometric characteristics of a user implies that they are compromised forever. This is not science fiction but a very real possibility as has been demonstrated across the world.

There are also serious worries that the high failure rate of biometric verification would hurt the poor, supposedly the main target group of the Aadhaar project; the large-scale denial of services such as access to the public distribution system has already been documented across the country. Extending a failed system to real-time financial transactions, thus, appears to be dangerously misplaced. The fundamental issue is this: can a digital mode of payment effectively provide the same level of trust between the transacting parties that is central to a cash-based transaction? The answer to that depends critically on whether the digital mode provides the same level of convenience, cost, predictability and certainty.

The Watal Committee has produced a report that the political masters sought. Its lack of appreciation of the economic issues underpinning financial transactions and of the wider economic processes in the Indian economy are obvious. Effectively, it has delivered what the Modi government asked for—an impossible road map to a cashless nirvana for a people already suffering the effects of demonetisation.

For more details visit https://cis-india.org/internet-governance/news/frontline-v-sridhar-march-3-2017-digital-illusions

Details of 135 million Aadhaar card holders may have leaked, claims CIS report

praskrishna — 2017-05-20T08:42:57Z

The disclosure came as part of a CIS report titled ‘Information Security Practices of Aadhaar (or lack thereof): A Documentation of Public Availability of Aadhaar Numbers with Sensitive Personal Financial Information’.

The news from the Press Trust of India was published in the Hindustan Times on May 2, 2017.

Aadhaar numbers and personal information of as many as 135 million Indians could have been leaked from four government portals due to lack of IT security practices, the Centre for Internet and Society has claimed.

“Based on the numbers available on the websites looked at, estimated number of Aadhaar numbers leaked through these four portals could be around 130-135 million,” the report by CIS said.

Further, as many as 100 million bank account numbers could have been “leaked” from the four portals, it added.

The portals where the purported leaks happened were those of National Social Assistance Programme, National Rural Employment Guarantee Scheme, as well as two websites of the Andhra Pradesh government.

“Over 23 crore beneficiaries have been brought under Aadhaar programme for DBT (Direct Benefit Transfer), and if a significant number of schemes have mishandled data in a similar way, we could be looking at a data leak closer to that number,” it cautioned.

The disclosure came as part of a CIS report titled ‘Information Security Practices of Aadhaar (or lack thereof): A Documentation of Public Availability of Aadhaar Numbers with Sensitive Personal Financial Information’.

When contaced, a senior official of the Unique Identification Authority of India (UIDAI) said that there was no breach in its own database. The UIDAI issues Aadhaar to citizens.

The CIS report claimed that the absence of “proper controls” in populating the databases could have disastrous results as it may divulge sensitive information about individuals, including details about address, photographs and financial data.

“The lack of consistency of data masking and de- identification standard is an issue of great concern...the masking of Aadhaar numbers does not follow a consistent pattern,” the report added.

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-may-2-2017-details-of-135-million-aadhaar-card-holders-may-have-leaked-claims-cis-report

Debate: Five Aadhaar Myths that Don’t Stand Up to Scrutiny

praskrishna — 2016-04-01T15:48:17Z

We need to reboot the Aadhaar debate by asking why we want to create a centralised biometric database of Indian residents in the first place.

The article by Reetika Khera was published in the Wire on March 23, 2016.

A recent article, ‘Identification simplified, myths busted’, by Piyush Peshwani and Bhuwan Joshi (hereafter, Peshwani & Joshi) makes some questionable claims about the UID project. Peshwani & Joshi’s strategy appears to be to ignore those questions to which they do not have an answer (e.g., that Aadhaar is mostly redundant as far as NREGA, PDS, etc., are concerned). For others, they cherry-pick ‘facts’ without acknowledging the debates surrounding those facts. Here is a selection.

#1: To get Aadhaar, you need a Proof of ID (PoID) and Proof of address (PoA)

Peshwani & Joshi: “For many, Aadhaar is perhaps the first document of their existence – a robust proof of their identity and address that can be verified online. No more closed doors for them!”

Peshwani & Joshi: “The Demographic Data Standards and Verification Procedures committee prescribes a list of valid 18 proof of identity and 33 valid proof of address documents for getting an Aadhaar.”

Fact: In fact, 99.97% of those who have Aadhaar, used PoID and PoA to get it. For those who have neither, there is an “introducer system”, but according to a reply to an RTI request, only 0.03% of those who have the Aadhaar number used this route.

As far as closed doors are concerned, Aadhaar does not guarantee any benefits: work through NREGA, widow or old-age pensions or PDS rations. There are separate eligibility conditions for those programmes which continue to apply.

#2 On costs

Peshwani & Joshi: “Does it justify the cost? Yes, absolutely, according to the World Bank, which said the initiative is estimated to be saving the Indian government about $1 billion annually by thwarting corruption, even as it underlined that digital technologies promote inclusion, efficiency and innovation.”

Fact: Savings due to the use of Aadhaar have been disputed. The government has claimed it has saved Rs. 14,672 crore on LPG subsidies due to Aadhaar while they are likely lower – by a factor of 100 (see Business Standard or Wall Street Journal).

Peshwani & Joshi: “Even before the World Bank’s endorsement of Aadhaar, the Delhi-based National Institute of Public Finance and Policy (NIPFP) conducted a detailed cost-analysis study on Aadhaar in 2012… the study found that the Aadhaar project would yield an internal rate of return in real terms of 52.85% to the government.”

Fact: The NIPFP cost-benefit was based on unrealistic assumptions – e.g., estimates of leakages that Aadhaar could plug were available for only two out of seven schemes; for the rest, they assumed leakage rates which are termed ‘conservative’, but are actually not.

In their response, the NIPFP team admitted that “a full-fledged cost benefit analysis of Aadhaar is difficult” because “many gains from Aadhaar are difficult to quantify because they are intangible” and, “even if in specific schemes there may be tangible benefits, the information available on those schemes does not permit a precise quantification of those benefits.”

They went on to say that “The study has steered away from relying exclusively on analyses of isolated and small sample sets”. What evidence did the NIPFP study rely on? “For ASHAs, Janani Suraksha Yojana and scholarships, no analysis, large or small has been used. For the Indira Awaas Yojana, the three analyses relied on exclusively are a Times of India news report, a press release based on a discussion in Parliament and a “Scheme Brief” by the Institute for Financial Management and Research (IFMR). Interestingly, the corruption estimate in the IFMR brief cross-refers to the Times of India article (apart from a CAG report)!” (Khera, 2013)

#3 De-duplication

Peshwani & Joshi: “Aadhaar means no fake, ghost or duplicate beneficiaries. Double-dipping will become more and more difficult with Aadhaar, a number that is well de-duplicated with the use of biometrics.”

Fact: De-duplication is one possible contribution of Aadhaar – but that needs biometrics, not a centralised biometric database. Local biometrics (used extensively in Andhra Pradesh before UID) mean that biometric data is stored by the concerned government department or on the local e-POS machine’s memory chip. It has the advantage that connectivity is not required (you are authenticated by the machine), errors and corrections can be correctly locally, making it more practical. The distinction between a local and centralised database is important (see #5 below).

Further, no one has a reliable estimate of the duplication problem. Two government estimates of duplicates exist: the Dhande committee for LPG (2%) and in NREGA job cards from the Government of Andhra Pradesh (also 2%).

#4 Exclusion

Peshwani & Joshi: “As far as exclusion in delivery of other services due to biometric authentication accuracy is concerned, it is important to go beyond scratching the surface.”

Fact: When the PDS was integrated with Aadhaar: “The Andhra Pradesh Food and Civil Supplies Corporation found that…nearly one-fifth ration card holders did not buy their ration.” Further, “When the government delved deeper in the issue, it was found that out of the 790 cases interviewed for the study, 400 reported exclusion. Out of the excluded cases, 290 were due to fingerprint mismatch and 93 were because of Aadhaar card mismatch. The remaining 17 cases were due to failure of E-PoS.” More here.

Moreover, Peshwani & Joshi pick one definition of ‘exclusion’ (due to biometric failure) when in fact, exclusion has a broader meaning. For instance, “In Chitradurga (Karnataka), Rs.100-150 million in wages from 2014-15 were held up for a year. When payments were being processed, their job cards could not be traced in NREGAsoft. Upon enquiry, the district administration learnt field staff had deleted them to achieve ‘100% Aadhaar-seeding’.”

#5 Profiling and privacy violations

Peshwani & Joshi: “A prominent criticism of Aadhaar is that it ‘profiles’ people.” …“Most of us have one or more identity/address documents, such as a passport, ration card, PAN card, driving licence, vehicle registration documents or a voter ID card. The government departments managing these already have our data. Aadhaar is no different. We give our data to banks, to insurance companies and to telecom companies for accounts, policies and mobile connections.”

Fact: That’s like saying BJP can be more corrupt because the Congress was corrupt. Instead we need to engage more seriously with the work of Sunil Abraham, Amber Sinha and others at the Centre of Internet and Society. There are crucial differences between Aadhaar and Social Security Number in the US, see this. Malavika Jayaram listed the UID project among a slew of “big brother” projects facilitating mass surveillance in India.

Conclusion

The debate on UID tends to begin with the premise that Aadhaar is necessary for ‘good governance’. Those claims of the UIDAI have long been demolished. In a nutshell, Aadhaar cannot help identify the poor, its possession does not guarantee inclusion into government social welfare (go to #1). It cannot reduce PDS or NREGA corruption as claimed in their early documents. Thankfully, PDS–NREGA corruption has been on the decline without Aadhaar – more needs to be done. (More details? Try this and this.)

Bihar shows how much corruption in the PDS can be reduced without Aadhaar. Credit: Reetika Khera

Aadhaar is not required for portability of benefits or for cash transfers. Cash transfers need bank accounts. To get a bank account, you need a proof of ID and a proof of address (go to #1). Aadhaar can help de-duplicate, but so can local biometrics (go to #3). We need to “reboot” the Aadhaar debate, starting on the right terms – why exactly do we need to create a centralised biometric database of Indian residents?

For more details visit https://cis-india.org/internet-governance/news/the-wire-march-23-2016-reetika-khera-debate-five-aadhaar-myths-that-dont-stand-up-to-scrutiny

Debate over #Aadhaar Turns Nasty as Critics Accuse Supporters of Online Trolling

praskrishna — 2017-06-07T13:09:10Z

Internet Freedom Foundation’s Kiran Jonnalagadda has alleged that iSPIRT and its co-founder Sharad Sharma set up fake Twitter profiles to harass, intimidate Aadhaar critics.

The article by Ajoy Ashirwad Mahaprahasta was published in the Wire on May 19, 2017.

As bizarre as this may sound, one of the founders of the Indian Software Products Industry Round Table (iSPIRT) – an influential think-tank closely associated with the Unique Identification Authority of India (UIDAI) – Sharad Sharma, is battling allegations of trolling anti-Aadhar campaigners through fake Twitter profiles.

Kiran Jonnalagadda, one of the founders of Internet Freedom Foundation (IFF), has alleged that a number of fake profiles started to troll him online earlier this month in response to his criticism of Aadhar on Twitter. Surprisingly, he said, one of the profiles –@confident_India – which trolled him was apparently operated by Sharma, considered highly influential within the IT and start-up industry and a governing council member of iSPIRT.

What is iSPIRT?

In 2013, a group of volunteers working with NASSCOM founded iSPIRT to represent the software products industry independently. It is widely known that many of these same volunteers also helped the UIDAI develop much of the initial Aadhaar infrastructure and ecosystem. According to Forbes India, iSPIRT helps Indian software product companies “draft and take policy proposals to government officials; create reusable ‘playbooks’ from successful companies that can be applied by others; and create ‘self-help communities’.” It aims to facilitate Indian software product companies, which build affordable and innovative technologies, get a footprint in sectors like health, education, infrastructure and create conditions so that they get an equal platform to compete with big multinationals.

In this mission, iSPIRT believes that Aadhaar-based technologies, which Indian software product companies may create, could help the Indian software product industry gain an advantage over multinationals, which may be skeptical about using Aadhaar. In other words, iSPIRT, one of the biggest advocates of Aadhaar, sees a commercial advantage to the increasing use of Aadhaar for many of the entrepreneurs associated with the Round Table. To this end, iSPIRT runs two initiatives – ProductNation and IndiaStack, a collection of open APIs for technology infrastructure projects like UPI and Aadhaar.

While the mission may sound fine, many of the Aadhaar advocates within iSPIRT have had to face questions from civil society, most of which have to do with the suspicion that Aadhaar could compromise online privacy. This, over the past few months, has led to heated social media battles between iSPIRT and anti-Aadhaar campaigners.

However, the debate took a darker turn when Jonnalagadda uploaded a video showing that the @Confident_India Twitter handle could be traced back to Sharma’s personal mobile phone number on Twitter. Sharma, has since then, apparently changed his number.

“It was only when I started to grow suspicious of the handle that I thought of using Sharma’s phone number to verify the account,” Jonnalagadda tells The Wire.

In an article – “Inside the mind of India’s chief tech stack evangelist” – where he narrates the events, he says “a flurry of newly created Twitter trolls accounts began heckling me about Aadhaar”.

Around 10 such handles started making unprovoked attacks on Jonnalagadda and another founder of IFF, Nikhil Pahwa, accusing them of being guided by “greed, profit, and deceit” for being in the “#AntiAadhaar brigade.”

As the argument continued, @confident_India called Jonnalgadda “pretentious” mouthing “highfalutin stuff” and “techno-babble”.

“All these did not perturb me as it was a part of routine arguments,” says Jonnalagadda.

However, in what he calls a “lightbulb moment”, he had the first inkling that Sharma could be operating the account of @confident_India through this thread:

“Sharad Sharma’s original account doesn’t follow any of these people on the thread. The conversation would not have shown on his timeline. Yet both @confident_India and Sharad Sharma made the same argument,” says Jonnalagadda.

Then, he says, Sharma gave it out. A question addressed to Sharad Sharma ended up being answered by @confident_India.

@Confident_India also went on a tirade against the IFF fellows and called them “JNUtype”, “ISISstooge” or belonging to Lutyens Delhi, insinuating that the IFF fellows are terrorists or largely belong to a certain social elite category of people.

When this prompted Jonnalagadda to verify the account with Sharma’s number, it matched. He later posted the video on his account.

An email from The Wire to Sharad Sharma remained unanswered at the time of writing.

However, soon after this alleged expose kicked off a Twitter war between the two groups, Sharad responded with a reply to Nikhil Pahwa’s tweet.

iSPIRT also responded in various online forums. “Sharad Sharma, co-founder of iSPIRT, named in these allegations is in the US for a medical emergency in his family. As of this morning, Eastern Standard Time, Sharad has categorically denied these allegations. We will further investigate the confusion around the alleged link of mobile number and clarify all outstanding questions. For the moment, we are prioritising the well-being of Sharad and his family,” says the organisation’s response.

“We want to categorically state that the allegations against iSPIRT coordinating and/or promoting any troll campaign are false and the evidence presented is a deliberate misreading of our intent to engage with those speaking against India Stack” it added.

Interestingly, however, what has emerged out of the controversy is another allegation by the IFF that iSPIRT had made trolling part of its policy to counter Aadhaar’s “detractors.”

At a fellows meeting earlier this year in February, iSPIRT charted out a “Detractors Matrix” in which they categorised the anti-Aadhar campaigners into four categories, namely “misinformed, fearful, and engaging”, “informed, fearful and engaging”, “misinformed and trolling” and lastly, “informed yet trolling”. In an internal iSPIRT presentation, Reetika Khera, IIT professor and a renowned economist, and Nikhil Pahwa, IFF’s co-founder were shown as belonging to the last two categories.

To counter Aadhaar critics on online platforms, iSPIRT volunteers intended to group themselves into “archers” and “swordsmen” who would challenge their theories on Twitter and elsewhere.

iSPIRT has acknowledged discussing the “detractor matrix” in its reply to the allegation but dismissed it being equivalent to trolling, as Jonnalagadda alleges. Co-founder of iSPIRT, ThiyagaRajan Maruthavanan, while responding to allegations said that there was no official involvement on behalf of iSPIRT.

CIS allegations

Many of the pro-Aadhaar Twitter trolls, most noticeably Confident_India, have also lashed out at other Internet rights organisations. This includes the Bangalore-based Centre for Internet and Society (CIS) which last month released a report that claimed that over 100 million Aadhaar numbers were publicly exposed by four government websites. The Confident_India Twitter handle has alleged that CIS has violated foreign funding regulations (under the Foreign Contributions Regulations Act), that they are likely “funded by ISI” and that because of their “advocacy efforts”, the organisation should be shut down.

It should be noted that the Unique Identification Authority of India has also sent a sharp letter to CIS over its report and has suggested that some of the Aadhaar data that the report documented could not have been gotten through legal means.

For more details visit https://cis-india.org/internet-governance/news/the-wire-may-19-2017-ajoy-ashirwad-mahaprahasta-debate-over-aadhaar-turns-nasty-as-critics-accuse-supporters-of-online-trolling

Deadline For Linking Bank Accounts With Aadhaar To Be Extended To 31 March

Admin — 2017-12-16T13:24:59Z

The government does away with the existing deadline of 31 December for linking of bank accounts with Aadhaar and PAN

The article by Komal Gupta and Ramya Nair was published in Livemint on December 14, 2017

The government on Wednesday extended the deadline for linking of bank accounts with Aadhaar to 31 March, in line with its submission to the Supreme Court.

The earlier deadline was 31 December.

Bank account holders will have to furnish their 12-digit unique biometric identity number and Permanent account number or PAN by 31 March or within six months of opening the account, whichever is earlier, said a statement from the finance ministry.

This will provide temporary relief to crores of bank account holders who had not linked their bank accounts with the 12-digit unique identity number.

Last week, the income tax department had extended the deadline for linking of Aadhaar with the permanent account number to 31 March from 31 December.

The move comes a day before a Constitution bench of the Supreme Court starts hearing the issue of stay against mandatory linking of Aadhaar with bank accounts and mobile phone numbers.

The statement added that the bank account will cease to be operational in case of failure to furnish Aadhaar and PAN as on 31 March or at the end of six months. The account will become operational again only after the furnishing of documents.

“This is just a gesture from the government, seeking to avoid the court granting an interim stay against the mandatory linkage of Aadhaar with bank accounts. This apparent extension won’t truly help ordinary people, who will continue being harassed through constant messages urging them to provide their Aadhaar number to continue receiving entitlements, services, and for access to one’s own money,” said Pranesh Prakash, policy director at the Centre for Internet and Society, a Bengaluru-based think tank.

For more details visit https://cis-india.org/internet-governance/news/deadline-for-linking-bank-accounts-with-aadhaar-to-be-extended-to-31-march

Data for Governance, Governance of Data, and Data Anxieties

sumandro — 2016-07-03T05:59:48Z

The Center for International Media Assistance (CIMA) organised a panel discussion on 'The Data Explosion – How the Internet of Things will Affect Media Freedom and Communication Systems?' at Deutsche Welle's Global Media Forum 2016, held in Bonn, Germany during June 13-15, 2016. Sumandro Chattapadhyay was invited as one of the panelists.

Introduction to the Panel

The emerging Internet of Things (IoT) will result in a vast network of Internet-connected devices that generate enormous volumes of data about human behavior and interactions. This data explosion will potentially reshape how media organizations both collect and report news, while at the same time fundamentally shifting how communications networks are organized worldwide. Yet currently most of the discussion about the IoT has focused on its spread in developed countries via the popularization of Internet-connected consumer devices.

In this panel we will discuss how the IoT may develop differently in the Global South and how it could present either a threat to open access to data and information, or an opportunity to improve media systems worldwide. We will also examine the impact of the data explosion in developing countries and what mechanisms need to be created in order to ensure the huge new mountain of data is used and governed responsibly.

The discussants were Carlos Affonso Souza (Director, Institute for Technology and Society of Rio de Janeiro, Brazil), Lorena Jaume-Palasi (Director for Communications, European Dialogue on Internet Governance, or EuroDIG, Switzerland), and Sumandro Chattapadhyay (Research Director, the Centre for Internet and Society, India); and the conversation was led by Mark Nelson (Senior Director, Center for International Media Assistance, or CIMA, USA).

Source: Deutsche Welle.

Audio Recording

Things/Writings I have Mentioned

For more details visit https://cis-india.org/raw/data-for-governance-governance-of-data-and-data-anxieties

Comments on the Statistical Disclosure Control Report

Srinivs Kodali and Amber Sinha — 2019-03-13T00:28:44Z

This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the Statistical Disclosure Control Report published on March 30th by Ministry of Statistics and Programme Implementation.

1. PRELIMINARY

CIS is thankful for the opportunity to put forth its views.
This submission is divided into three main parts. The first part, ‘Preliminary’, introduces the document; the second part, ‘About CIS’, is an overview of the organization; and, the third part contains the ‘Comments’.

2. ABOUT CIS

CIS is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, freedom of speech and expression, intermediary liability, digital privacy, and cybersecurity.

CIS values the fundamental principles of justice, equality, freedom and economic development. This submission is consistent with CIS' commitment to these values, the safeguarding of general public interest and the protection of India's national interest at the international level. Accordingly, the comments in this submission aim to further these principles.

3. Comments

3.1 General Comments

As a non-profit organisation we recognize the importance of the efforts by the Ministry of Statistics and Programme Implementation (MoSPI) to make the data you collect available to the public in open formats with relevant information about reliability of statistical estimates.

We at CIS have recently released a report titled “Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar Numbers with sensitive personal financial information”. We encountered several central and state government departments collecting socioeconomic data from citizens, linking it with Aadhaar and even publishing them in exportable data formats like EXCEL and MS ACCESS Databases. While we understand this issue primarily concerns to Unique Identification Authority of India (UIDAI), the lack of standards around information/statistical disclosure are a general threat to transparency in a democracy and privacy of individuals. Going through the report we understand the committee is unable to prescribe a standard for other ministries and departments until they try and pilot these standards within Ministry of Statistics and Programme Implementation. This delay in prescribing the standards can be really dangerous in the current circumstances of massive data collection by government departments and linking all the databases with a unique identifier, Aadhaar Number. At the same time we understand the importance of data dissemination to be carried out and we recommend the following for improving the standards around data disclosure control.

3.2 Integrity of Information and Data

We agree with the committee that the error rates need to be kept in mind while designing practices to convert raw data. But we request the process of changes being made be actively measured and documented. In case of errors being computed, guidelines can be made to decrease the possibilities of misinterpretation of errors causing loss of integrity of information. Statistics are important for decision making in governance, errors in computations can be biased towards millions of people. Statistical biases are important to be looked into while converting data from its raw format to make sure there are no damage caused by information.

3.3 Data Security

One of the important issues around storage and publication of Aadhaar information is the lack of masking standards. With the availability of data from multiple departments, it is possible to reconstruct identification details by linking data from multiple databases. It is recommended to bring masking standards while personally identifiable micro data is being published. There is an urgent need for departments to also look at auditing access to information and tracking sharing of information. It is recommended the department digitally signs all the information and documents being published or shared by them to keep track of who had accessed the information and verifying the authenticity of information.

We request the department to define what exactly is “usage for statistical purposes only” and recommend standards to control and restrict usage of information for this purpose. It is important they design frameworks or mechanisms to allow others to report violations around this. This process should be transparent and documented heavily.

3.4 Anonymization of microdata

We recommend the data being collected be anonymized at source to evade the possibility of the accidental disclosure of personally identifiable information. While the current anonymization efforts have been helpful, with steady increase in data mining and classification algorithms and practices it is recommended to evolve the standards around this area.

3.5 Data Dissemination

Data dissemination is an important aspect for district statistics officers, we recommend they actively communicate their work through monthly newsletters, quarterly workshops to help improve the conversations around statistics and at the same time engage with the users who would benefit from the data.

We also recommend that data when being published includes metadata of collection, modification, storage and other important information. Also the information needs to be published in open formats which does not require proprietary software to be used to open them. At the same time data should be published in multiple formats like CSV, XLS, PDF,

The committee also recognizes the need for having data users part of discussions around important decisions and be part of committees. We would like the department to recognize our efforts and consider us for future committee representations.

Thank you for this opportunity and we look forward to work with you in future.

For more details visit https://cis-india.org/internet-governance/comments-on-the-statistical-disclosure-control-report

Comments on the Report of the Committee on Digital Payments (December 2016)

Sumandro Chattapadhyay and Amber Sinha — 2017-01-12T12:32:22Z

The Committee on Digital Payments constituted by the Ministry of Finance and chaired by Ratan P. Watal, Principal Advisor, NITI Aayog, submitted its report on the "Medium Term Recommendations to Strengthen Digital Payments Ecosystem" on December 09, 2016. The report was made public on December 27, and comments were sought from the general public. Here are the comments submitted by the Centre for Internet and Society.

1. Preliminary

1.1. This submission presents comments by the Centre for Internet and Society (“CIS”) [1] in response to the report of the Committee on Digital Payments, chaired by Mr. Ratan P. Watal, Principal Advisor, NITI Aayog, and constituted by the Ministry of Finance, Government of India (“the report”) [2].

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, and open access), internet governance, telecommunication reform, digital privacy, and cyber-security.

2.2. CIS is not an expert organisation in the domain of banking in general and payments in particular. Our expertise is in matters of internet and communication governance, data privacy and security, and technology regulation. We deeply appreciate and are most inspired by the Ministry of Finance’s decision to invite entities from both the sectors of finance and information technology. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved, especially the citizens and the users. CIS is thankful to the Ministry of Finance for this opportunity to provide a general response on the report.

3. Comments

3.1. CIS observes that the decision by the Government of India to withdraw the legal tender character of the old high denomination banknotes (that is, Rs. 500 Rs. 1,000 notes), declared on November 08, 2016 [3], have generated unprecedented data about the user base and transaction patterns of digital payments systems in India, when pushed to its extreme use due to the circumstances. The majority of this data is available with the National Payments Corporation of India and the Reserve Bank of India. CIS requests the authorities concerned to consider opening up this data for analysis and discussion by public at large and experts in particular, before any specific policy and regulatory decisions are taken towards advancing digital payments proliferation in India. This is a crucial opportunity for the Ministry of Finance to embrace (open) data-driven regulation and policy-making.

3.2. While the report makes a reference to the European General Data Protection Directive, it does not make a reference to any substantive provisions in the Directive which may be relevant to digital payments. Aside from the recommendation that privacy protections around the purpose limitation principle be relaxed to ensure that payment service providers be allowed to process data to improve fraud monitoring and anti-money laundering services, the report is silent on significant privacy and data protection concerns posed by digital payments services. CIS strongly warns that the existing data protection and security regulations under Information Technology (Reasonable security practices and procedures and sensitive personal data or information), Rules are woefully inadequate in their scope and application to effectively deal with potential privacy concerns posed by digital payments applications and services. Some key privacy issues that must be addressed either under a comprehensive data protection legislation or a sector specific financial regulation are listed below. The process of obtaining consent must be specific, informed and unambiguous and through a clear affirmative action by the data subject based upon a genuine choice provided along with an option to opt out at any stage. The data subjects should have clear and easily enforceable right to access and correct their data. Further, data subjects should have the right to restrict the usage of their data in circumstances such as inaccuracy of data, unlawful purpose and data no longer required in order to fulfill the original purpose.

3.3. The initial recommendation of the report is to “[m]ake regulation of payments independent from the function of central banking” (page 22). This involves a fundamental transformation of the payment and settlement system in India and its regulation. We submit that a decision regarding transformation of such scale and implications is taken after a more comprehensive policy discussion, especially involving a wider range of stakeholders. The report itself notes that “[d]igital payments also have the potential of becoming a gateway to other financial services such as credit facilities for small businesses and low-income households” (page 32). Thus, a clear functional, and hence regulatory, separation between the (digital) payments industry and the lending/borrowing industry may be either effective or desirable. Global experience tells us that digital transactions data, along with other alternative data, are fast becoming the basis of provision of financial and other services, by both banking and non-banking (payments) companies. We appeal to the Ministry of Finance to adopt a comprehensive and concerted approach to regulating, enabling competition, and upholding consumers’ rights in the banking sector at large.

3.4. The report recognises “banking as an activity is separate from payments, which is more of a technology business” (page 154). Contemporary banking and payment businesses are both are primarily technology businesses where information technology particularly is deployed intimately to extract, process, and drive asset management decisions using financial transaction data. Further, with payment businesses (such as, pre-paid instruments) offering return on deposited money via other means (such as, cashbacks), and potentially competing and/or collaborating with established banks to use financial transaction data to drive lending decisions, including but not limited to micro-loans, it appears unproductive to create a separation between banking as an activity and payments as an activity merely in terms of the respective technology intensity of these sectors. CIS firmly recommends that regulation of these financial services and activities be undertaken in a technology-agnostic manner, and similar regulatory regimes be deployed on those entities offering similar services irrespective of their technology intensity or choice.

3.5. The report highlights two major shortcomings of the current regulatory regime for payments. Firstly “the law does not impose any obligation on the regulator to promote competition and innovation in the payments market” (page 153). It appears to us that the regulator’s role should not be to promote market expansion and innovation but to ensure and oversee competition. We believe that the current regulator should focus on regulating the existing market, and the work of the expansion of the digital payments market in particular and the digital financial services market in general be carried out by another government agency, as it creates conflict of interest for the regulator otherwise. Secondly, the report mentions that Payment and Settlement Systems Act does not “focus the regulatory attention on the need for consumer protection in digital payments” and then it notes that a “provision was inserted to protect funds collected from customers” in 2015 (page 153). This indicates that the regulator already has the responsibility to ensure consumer protection in digital payments. The purview and modalities of how this function of course needs discussion and changes with the growth in digital payments.

3.6. The report identifies the high cost of cash as a key reason for the government’s policy push towards digital payments. Further, it mentions that a “sample survey conducted in 2014 across urban and rural neighbourhoods in Delhi and Meerut, shows that despite being keenly aware of the costs associated with transacting in cash, most consumers see three main benefits of cash, viz. freedom of negotiations, faster settlements, and ensuring exact payments” (page 30). It further notes that “[d]igital payments have significant dependencies upon power and telecommunications infrastructure. Therefore, the roll out of robust and user friendly digital payments solutions to unelectrified areas/areas without telecommunications network coverage, remains a challenge.” CIS much appreciates the discussion of the barriers to universal adoption and rollout of digital payments in the report, and appeals to the Ministry of Finance to undertake a more comprehensive study of the key investments required by the Government of India to ensure that digital payments become ubiquitously viable as well as satisfy the demands of a vast range of consumers that India has. The estimates about investment required to create a robust digital payment infrastructure, cited in the report, provide a great basis for undertaking studies such as these.

3.7. CIS is very encouraged to see the report highlighting that “[w]ith the rising number of users of digital payment services, it is absolutely necessary to develop consumer confidence on digital payments. Therefore, it is essential to have legislative safeguards to protect such consumers in-built into the primary law.” We second this recommendation and would like to add further that financial transaction data is governed under a common data protection and privacy regime, without making any differences between data collected by banking and non-banking entities.

3.8. We are, however, very discouraged to see the overtly incorrect use of the word “Open Access” in this report in the context of a payment system disallowing service when the client wants to transact money with a specific entity [4]. This is not an uncommon anti-competitive measure adopted by various platform players and services providers so as to disallow users from using competing products (such as, not allowing competing apps in the app store controlled by one software company). The term “Open Access” is not only the appropriate word to describe the negation of such anti-competitive behaviour, its usage in this context undermines its accepted meaning and creates confusion regarding the recommendation being proposed by the report. The closest analogy to the recommendation of the report would perhaps be with the principle of “network neutrality” that stands for the network provider not discriminating between data packets being processed by them, either in terms of price or speed.

3.9. A major recommendation by the report involves creation of “a fund from savings generated from cash-less transactions … by the Central Government,” which will use “the trinity of JAM (Jan Dhan, Adhaar, Mobile) [to] link financial inclusion with social protection, contributing to improved Social and Financial Security and Inclusion of vulnerable groups/ communities” (page 160-161). This amounts to making Aadhaar a mandatory ID for financial inclusion of citizens, especially the marginal and vulnerable ones, and is in direct contradiction to the government’s statements regarding the optional nature of the Aadhaar ID, as well as the orders by the Supreme Court on this topic.

3.10. The report recommends that “Aadhaar should be made the primary identification for KYC with the option of using other IDs for people who have not yet obtained Aadhaar” (page 163) and further that “Aadhaar eKYC and eSign should be a replacement for paper based, costly, and shared central KYC registries” (page 162). Not only these measures would imply making Aadhaar a mandatory ID for undertaking any legal activity in the country, they assume that the UIDAI has verified and audited the personal documents submitted by Aadhaar number holders during enrollment. A mandate for replacement of the paper-based central KYC agencies will only remove a much needed redundancy in the the identity verification infrastructure of the government.

3.11. The report suggests that “[t]ransactions which are permitted in cash without KYC should also be permitted on prepaid wallets without KYC” (page 164-165). This seems to negate the reality that physical verification of a person remains one of the most authoritative identity verification process for a natural person, apart from DNA testing perhaps. Thus, establishing full equivalency of procedure between a presence-less transaction and one involving a physically present person making the payment will only amount to removal of relatively greater security precautions for the former, and will lead to possibilities of fraud.

3.12. In continuation with the previous point, the report recommends promotion of “Aadhaar based KYC where PAN has not been obtained” and making of “quoting Aadhaar compulsory in income tax return for natural persons” (page 163). Both these measures imply a replacement of the PAN by Aadhaar in the long term, and a sharp reduction in growth of new PAN holders in the short term. We appeal for this recommendation to be reconsidered as integration of all functionally separate national critical information infrastructures (such as PAN and Aadhaar) into a single unified and centralised system (such as Aadhaar) engenders massive national and personal security threats.

3.13. The report suggest the establishment of “a ranking and reward framework” to recognise and encourage for the best performing state/district/agency in the proliferation of digital payments. It appears to us that creation of such a framework will only lead to making of an environment of competition among these entities concerned, which apart from its benefits may also have its costs. For example, the incentivisation of quick rollout of digital payment avenues by state government and various government agencies may lead to implementation without sufficient planning, coordination with stakeholders, and precautions regarding data security and privacy. The provision of central support for digital payments should be carried out in an environment of cooperation and not competition.

3.14. CIS welcomes the recommendation by the report to generate greater awareness about cost of cash, including by ensuring that “large merchants including government agencies should account and disclose the cost of cash collection and cash payments incurred by them periodically” (page 164). It, however, is not clear to whom such periodic disclosures should be made. We would like to add here that the awareness building must simultaneously focus on making public how different entities shoulder these costs. Further, for reasons of comparison and evidence-driven policy making, it is necessary that data for equivalent variables are also made open for digital payments - the total and disaggregate cost, and what proportion of these costs are shouldered by which entities.

3.15. The report acknowledges that “[t]oday, most merchants do not accept digital payments” and it goes on to recommend “that the Government should seize the initiative and require all government agencies and merchants where contracts are awarded by the government to provide at-least one suitable digital payment option to its consumers and vendors” (page 165). This requirement for offering digital payment option will only introduce an additional economic barrier for merchants bidding for government contracts. We appeal to the Ministry of Finance to reconsider this approach of raising the costs of non-digital payments to incentivise proliferation of digital payments, and instead lower the existing economic and other barriers to digital payments that keep the merchants away. The adoption of digital payments must not lead to increasing costs for merchants and end-users, but must decrease the same instead.

3.16. As the report was submitted on December 09, 2016, and was made public only on December 27, 2016, it would have been much appreciated if at least a month-long window was provided to study and comment on the report, instead of fifteen days. This is especially crucial as the recently implemented demonetisation and the subsequent banking and fiscal policy decisions taken by the government have rapidly transformed the state and dynamics of the payments system landscape in India in general, and digital payments in particular.

Endnotes

[1] See: http://cis-india.org/.

[2] See: http://finmin.nic.in/reports/Note-watal-report.pdf and http://finmin.nic.in/reports/watal_report271216.pdf.

[3] See: http://finmin.nic.in/cancellation_high_denomination_notes.pdf.

[4] Open Access refers to “free and unrestricted online availability” of scientific and non-scientific literature. See: http://www.budapestopenaccessinitiative.org/read.

For more details visit https://cis-india.org/internet-governance/blog/comments-on-the-report-of-the-committee-on-digital-payments-dec-2016

Comments by the Centre for Internet and Society on the Report of the Committee on Medium Term Path on Financial Inclusion

vipul — 2016-03-01T13:53:38Z

Apart from item-specific suggestions, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

The Centre for Internet and Society (CIS) is a non-governmental organization which undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives.

In the course of its work CIS has also extensively researched and witten about the Aadhaar Scheme of the Government of India, specially from a privacy and technical point of view. CIS was part of the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee and was instrumental in drafting a major part of the report of the Group. In this background CIS would like to mention that it is neither an expert on banking policy in general nor wishes to comment upon the purely banking related recommendations of the Committee. We would like to limit our recommendations to the areas in which we have some expertise and would therefore be commenting only on certain Recommendations of the Committee.

Before giving our individual comments on the relevant recommendations, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

Another problem with linking bank accounts with Aadhaar numbers, even if it is not mandatory, is that when the RBI issues an advisory to (optionally) link Aadhaar numbers with bank accounts, a number of banks may implement the advisory too strictly and refuse service to customers (especially marginal customers) whose bank accounts are not linked to their Aadhaar numbers, perhaps due to technical problems in the registration procedure, thereby denying those individuals access to the banking sector, which is contrary to the aims and objectives of the Committee and the stated policy of the RBI to improve access to banking.

Individual Comments

Recommendation 1.4 - Given the predominance of individual account holdings, the Committee recommends that a unique biometric identifier such as Aadhaar should be linked to each individual credit account and the information shared with credit information companies. This will not only be useful in identifying multiple accounts, but will also help in mitigating the overall indebtedness of individuals who are often lured into multiple borrowings without being aware of its consequences.

CIS Comment: The discussion of the committee before making this recommendation revolves around the total incidence of indebtedness in rural areas and their Debt-to-Asset ratio representing payment capacity. However, the committee has not discussed any evidence which indicates that borrowing from multiple banks leads to greater indebtedness for individual account holders in the rural sector. Without identifying the problem through evidence the Committee has suggested linking bank accounts with Aadhaar numbers as a solution.

Recommendation 2.2 - On the basis of cross-country evidence and our own experience, the Committee is of the view that to translate financial access into enhanced convenience and usage, there is a need for better utilization of the mobile banking facility and the maximum possible G2P payments, which would necessitate greater engagement by the government in the financial inclusion drive.

CIS Comment: The drafting of the recommendation suggests that RBI is batting for the DBT rather than the subsidy model. However an examination of the discussion in the report suggests that all that the Committee has not discussed or examined the subsidy model vis-à-vis the direct benefit transfer (DBT) model here (though it does recommend DBT in the chapter on G-2-P payments), but only is trying to say is that where government to people money transfer has to take place, it should take place using mobile banking, payment wallets or other such technologies, which have been known to be successful in various countries across the world.

Recommendation 3.1 - The Committee recommends that in order to increase formal credit supply to all agrarian segments, the digitization of land records should be taken up by the states on a priority basis.

Recommendation 3.2 - In order to ensure actual credit supply to the agricultural sector, the Committee recommends the introduction of Aadhaar-linked mechanism for Credit Eligibility Certificates. For example, in Andhra Pradesh, the revenue authorities issue Credit Eligibility Certificates to Tenant Farmers (under ‘Andhra Pradesh Land Licensed Cultivators Act No 18 of 2011'). Such tenancy /lease certificates, while protecting the owner’s rights, would enable landless cultivators to obtain loans. The Reserve Bank may accordingly modify its regulatory guidelines to banks to directly lend to tenants / lessees against such credit eligibility certificates.

CIS Comment: The Committee in its discussion before the recommendation 3.2 has discussed the problems faced by landless farmers, however there is no discussion or evidence which suggests that an Aadhaar linked Credit Eligibility Certificate is the best solution, or even a solution to the problem. The concern being expressed here is not with the system of a Credit Eligibility Certificate, but with the insistence on linking it to an Aadhaar number, and whether the system can be put in place without linking the same to an Aadhaar number.

Recommendation 6.11 - Keeping in view the indebtedness and rising delinquency, the Committee is of the view that the credit history of all SHG members would need to be created, linking it to individual Aadhaar numbers. This will ensure credit discipline and will also provide comfort to banks.

CIS Comment: There is no discussion in the Report on the reasons for increase in indebtedness of SHGs. While the recommendation of creating credit histories for SHGs is laudable and very welcome, however there is no logical reason that has been brought out in the Report as to why the same needs to be linked to individual Aadhaar numbers and how such linkage will solve any problems.

Recommendation 6.13 - The Committee recommends that bank credit to MFIs should be encouraged. The MFIs must provide credit information on their borrowers to credit bureaus through Aadhaar-linked unique identification of individual borrowers.

CIS Comment: Since the discussion before this recommendation clearly indicates multiple lending practices as one of the problems in the Microfinance sector and also suggests better credit information of borrowers as a possible solution, therefore this recommendation per se, seems sound. However, we would still like to point out that the RBI may think of alternative means to get borrower credit history rather than relying upon just the Aadhaar numbers.

Recommendation 7.3 - Considering the widespread availability of mobile phones across the country, the Committee recommends the use of application-based mobiles as PoS for creating necessary infrastructure to support the large number of new accounts and cards issued under the PMJDY. Initially, the FIF can be used to subsidize the associated costs. This will also help to address the issue of low availability of PoS compared to the number of merchant outlets in the country. Banks should encourage merchants across geographies to adopt such applicationbased mobile as a PoS through some focused education and PoS deployment drives.

Recommendation 7.5 - The Committee recommends that the National Payments Corporation of India (NPCI) should ensure faster development of a multi-lingual mobile application for customers who use non-smart phones, especially for users of NUUP; this will address the issue of linguistic diversity and thereby promote its popularization and quick adoption.

Recommendation 7.8 - The Committee recommends that pre-paid payment instrument (PPI) interoperability may be allowed for non-banks to facilitate ease of access to customers and promote wider spread of PPIs across the country. It should however require non-bank PPI operators to enhance their customer grievance redressal mechanism to deal with any issues thereof.

Recommendation 7.9 - The Committee is of the view that for non-bank PPIs, a small-value cashout may be permitted to incentivize usage with the necessary safeguards including adequate KYC and velocity checks.

CIS Comments: While CIS supports the effort to use technology and mobile phones to increase banking penetration and improve access to the formal financial sector for rural and semi-rural areas, sufficient security mechanisms should be put in place while rolling out these services keeping in mind the low levels of education and technical sophistication that are prevalent in rural and semi-rural areas.

Recommendation 8.1 - The Committee recommends that the deposit accounts of beneficiaries of government social payments, preferably all deposits accounts across banks, including the ‘inprinciple’ licensed payments banks and small finance banks, be seeded with Aadhaar in a timebound manner so as to create the necessary eco-system for cash transfer. This could be complemented with the necessary changes in the business correspondent (BC) system (see Chapter 6 for details) and increased adoption of mobile wallets to bridge the ‘last mile’ of service delivery in a cost-efficient manner at the convenience of the common person. This would also result in significant cost reductions for the government besides promoting financial inclusion.

CIS Comment: While the report of the Committee has already given several examples of how cash transfer directly into the bank accounts (rather than requiring the beneficiaries to be at a particular place at a particular time) could be more efficient as well as economical, the Committee is making the same point again here under the chapter that deals specifically with government to person payments. However even before this recommendation, there has been no discussion as to the need for linking or “seeding” the deposit accounts of the beneficiaries with Aadhaar numbers, let alone a discussion of how it would solve any problems.

Recommendation 10.6 - Given the focus on technology and the increasing number of customer complaints relating to debit/credit cards, the National Payments Corporation of India (NPCI) may be invited to SLBC meetings. They may particularly take up issues of Aadhaar-linkage in bank and payment accounts.

CIS Comment: There is no discussion on why this recommendation has been made, more particularly; there is no discussion at all on why issues of Aadhaar linkage in bank and payment accounts need to be taken up at all.

For more details visit https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion

Clarification on the Information Security Practices of Aadhaar Report

Amber Sinha and Srinivas Kodali — 2018-11-05T12:08:06Z

We are issuing a second clarificatory statement on our report titled “Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar numbers with sensitive personal financial information” published on May 1, 2017.

The report concerned can be accessed here, and the first clarificatory statement (dated May 16, 2017) can be accessed here.

This clarificatory statement is being issued in response to reports that misrepresent our research. In light of repeated questions we have received, which seem to emanate from a misunderstanding of our report, we would like to make the following clarifications.

Our research involved documentation and taking illustrative screenshots (included in our report) of public webpages on the four government websites listed in our report. These screenshots were taken to demonstrate that the vulnerability existed.
The figure of 130-135 million Aadhaar Numbers quoted in our Report are, as clearly stated, derived directly by adding the aggregate numbers (of beneficiaries/individuals whose data were listed in the three government websites concerned) and published by the portals themselves in the MIS reports publicly available on the portals. The numbers are as follows:
- 10,97,60,343 from NREGA,
- 63,95,317 from NSAP, and
- 2,05,60,896 from Chandranna Bima (screenshots included in the report).
We did not arrive at this number by downloading data ourselves but by adding the figures on the government websites. To our knowledge, no harm, financial or otherwise has been caused to anyone due to the public availability. Further, it must be noted that we published the report only after ascertaining that the websites in questions had masked or removed the data. Therefore our report only points to the possibility that there could be harm caused by malicious actors before the data was taken down. However, we are not aware of any such cases of exploitation, nor do we suggest so anywhere in our report.

We sincerely hope that this clarification helps with a clearer comprehension of the argument and implications of the said report. We urge those who are using our report in their research to reach out to us to prevent the future misinterpretation of the report.

— Amber Sinha and Srinivas Kodali

For more details visit https://cis-india.org/internet-governance/blog/clarification-on-the-information-security-practices-of-aadhaar-report

CIS Submission to TRAI Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks

2016-12-12T13:59:00Z

This submission presents responses by the CIS on the Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks published by the TRAI on November 15, 2016. Our analysis of the solution proposed in the Note, in brief, is that there is no need of a solution for non-existing interoperability problem for authentication and payment services for accessing public Wi-Fi networks. The proposed solution in this Note only adds to over-regulation in this sector, and does not incentivise new investment in the sector, but only establishes UIDAI and NPCI as the monopoly service providers for authentication and payment services.

The comments were authored by Japreet Grewal, Pranesh Prakash, Sharath Chandra, Sumandro Chattapadhyay, Sunil Abraham, and Udbhav Tiwari, with expert comments from Amelia Andersdotter.

1. Preliminary

1.1. This submission presents responses by the Centre for Internet and Society (“CIS”) [1] on the Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks (“the Note”) published by the Telecom Regulatory Authority of India (“TRAI”) on November 15, 2016 [2].

1.2. The CIS welcomes the effort undertaken by TRAI to map regulatory and other barriers to deployment of public Wi-Fi in India. We especially appreciate that TRAI has recognised [3] two key barriers to provision of public Wi-Fi networks identified and highlighted in our earlier response to the Consultation Paper on Proliferation of Broadband through Public WiFi [4]: 1) over regulation (including, licensing requirements, data retention, and Know Your Customer policy), and 2) paucity of spectrum [5].

2. General Responses

2.1. Before responding to the specific questions posed by the Note, we would like to make the following observations.

2.2. There is no need of a solution for non-existing interoperability problem for authentication and payment services for accessing public Wi-Fi networks. The proposed solution in this Note only adds to over-regulation in this sector. The proposed solution does not incentivise new investment in the sector, but only establishes UIDAI and NPCI as the monopoly service providers for authentication and payment services.

2.3. As the TRAI has consulted widely with industry and other stakeholders before it settled on the list of priority issues contained in Section C.6 of the Note, we are surprised to find that this Note aims to address only the problem of lack of “seamless interoperable payment system for Wi-Fi networks” (Section C.6.d. Of the Note), and does not discuss and propose solutions for any other key barriers identified by the Note.

2.4. The Note fails to clarify the “interoperability” problem in the payment system for usage of public Wi-Fi networks that it is attempting to solve. The Note identifies that lack of “single standard” for “authentication and payment mechanisms” for accessing public Wi-Fi networks as a key impediment to provide scalable and interoperable public Wi-Fi networks across the country [6]. By conceptualising the problem in this manner, TRAI has bundled together two completely different concerns - authentication and payment - into one and this is at the root of the problems emanating from the proposed solution in this Note.

2.5. Lack of standard process for authentication is created by over-regulation via Know Your Customer (“KYC”) policies, and selection of eKYC service provided by UIDAI as the only acceptable authentication mechanism for all users of public Wi-Fi networks across India, creating further economic and legal challenges for smaller would-be providers of public Wi-Fi networks as they assess their liabilities and start-up costs. Additionally, since this would amount to making UID/Aadhaar enrolment mandatory for any user of public wi-fi networks, it seems to create a contradiction with previously communicated policy from the UIDAI and the Government that no such obligation should arise. Supreme Court has also mandated over successive Orders that enrolment for UID/Aadhaar number should remain optional for the citizens and residents.

2.6. As was observed by the respondents to the TRAI Consultation concluded earlier this year, there is no interoperability problem that needs to be solved regarding payments for accessing public Wi-Fi networks. Payment services continue to be evolved and payment aggregator services provided by existing companies may be expected to resolve many of the outstanding issues of service proliferation in the upcoming years, at least in the absence of additional mandatory technical measures imposed by the government. Bundling of payment with authentication will only undermine the already existing independent market for payment aggregators, and further enforce mandatoriness of UID/Aadhaar number.

2.7. Further, the payment mechanism proposed would seem to worsen difficulties for tourists and foreigners in accessing public Wi-Fi in India, as well adds an additional layer of authentication in a system already identified (even in the Note itself) to be overburdened by regulations regarding KYC and data retention. Section C.6.b of the Note highlights the problems faced by foreigners and tourists when the authentication mechanism is premised upon use of One Time Password (OTP) that requires a functioning local mobile phone number. It contradicts itself later by proposing an authentication method that requires the user to not only download an application onto their mobile/desktop device, but also to enrol for UID/Aadhaar number and/or to use their existing UID/Aadhaar number. Instead of reducing the existing barriers to provision of and access to public Wi-Fi, which the Note is supposed to achieve, it creates significant new barriers.

2.8. The technological architecture advanced by the Note upholds support of governance and surveillance projects that, in addition to being costly in their implementation and thereby slowing down the objective of getting India connected, are also of questionable value to the security of the Indian polity. UID, UPI, and related projects risk undermining cyber-security through their reliance on centralised architectures and interfere with healthy competitive market dynamics between commercial and non-commercial actors.

2.9. The Note continues to only consider and enable commercial models for the provision of public Wi-Fi networks. We have identified this as a problematic assumption in our last submission [7]. It is most crucial that TRAI does not ignore and fail to promote and facilitate the possibility of not-for-profit models that involve grassroot communities, academia, and civil society.

2.10. Last but not the least, the term “Wi-Fi” refers to a particular technology for establishing wireless local area networks. Further, the term is a trademark of the Wi-Fi Alliance [8]. It is this not a neutral term, and it must not be used as a general and universal synonym for wireless local area networks. We recommend that TRAI may consider using a technology-neutral term, say “public wireless services” or “public networking services”, to describe the sector. Following the terminology used in the Note, we have decided to continue using the term “Wi-Fi” in this response. This does not reflect our agreement about the appropriateness of this term. Important: The recommendation for technology-neutral regulation also comes with the qualification that safeguards like regulations on Listen Before Talk and Cycle Time are required to prevent technologies like LTE-U from squatting on spectrum and interfering with connections based on other standards.

3. Specific Responses

Q1. Is the architecture suggested in the consultation note for creating unified authentication and payment infrastructure will enable nationwide standard for authentication and payment interoperability?

3.1. No. The proposed infrastructure is likely to be costly for a large number of actors to implement and undermine some of the ongoing innovation in the Indian digital payment services industry. Rather than being helpful, it risks introducing additional requirements on an industry that TRAI has already identified as facing a number of large challenges.

3.2. There is no need for a unified architecture that provides nationwide standard for authentication and payment interoperability. It does not offer any incentive towards provision of public Wi-Fi networks. Neither is there an interoperability problem at the physical or data link layers that has been pointed out, nor is government mandated interoperability required at the payment or ID layer since there are private entities that provide such interoperability (like, payment aggregators). Additionally, we believe it is inappropriate that the TRAI is trying to predict the most suitable business/technological model for digital payments to be used for accessing commercial Wi-Fi networks. India has a booming online payments industry, and it must be allowed to evolve in an enabling regulatory environment that allow for competition and ensures responsible practices.

3.3. The Note identifies several structural impediments to expansion of public Wi-Fi networks in India, namely paucity of backhaul connectivity infrastructure (Section C.6.a), Inadequate associated infrastructure to offer carrier grade Wi-Fi network (Section C.6.c), dependency of authentication mechanism on pre-existing (Indian) mobile phone connection (Section C.6.b), and limited availability of spectrum to be used for public Wi-Fi networks (Section C.6.e). All these are crucial concerns and none of them have been addressed by the architecture suggested in the Note.

Q2. Would you like to suggest any alternate model?

3.4. Yes. The model proposed in the Note is likely to exclude several types of potential users (say, foreigners and tourists), and impose a single authentication and payment service provider for accessing public Wi-Fi networks, which may undermine both competition and security in the market for these services.

3.5. Internationally, there are cities and regions (say, the city of Barcelona and the Catalonia region in Spain) where public Wi-Fi networks have been provided in a pervasive and efficient manner by taking a light regulatory approach that enables opportunities for potential providers to set up their own infrastructures and additionally have access to backhaul. Further, reducing legal requirements on authentication should be considered in place of government mandated technical architectures for authentication and payment. In particular, allowing for anonymous access to Public Wi-Fi or wireless connectivity would reduce both the administrative and the technical burden on potential providers at the hyper-local level, especially for providers whose main activity it is not, and cannot be, to provide internet services (say, event venues, malls, and shops).

3.6. The CIS suggests the following steps towards conceptualising an “alternative model”:

remove existing regulatory disincentives,
urgently explore policies to promote deployment of wired infrastructures in general, and to enable a larger range of actors, including local authorities, to invest in and deploy local infrastructures by reducing licensing requirements in particular,
examine spectrum requirements for provision of public Wi-Fi, and
provide incentives, such as allowing telecom service providers to share backhaul traffic over public Wi-Fi, and ways for telecom service providers to lower their costs if they also make Internet access available for free.

Q3. Can Public Wi-Fi access providers resell capacity and bandwidth to retail users? Is “light touch regulation” using methods such as “registration” instead of “licensing” preferred for them?

3.7. CIS holds that capacity and bandwidth are neither comparable to tangible goods nor to digital currency. They are a utility, and the provider of the utility has to accept that their customers use the utility in the way they see fit, even if that use entails sharing said capacity and bandwidth with downstream private persons or customers. Wi-Fi capabilities are currently a built-in standardised feature of all consumer routers. Any individual, community, or store with access to an internet connection and a consumer router could become a public Wi-Fi access provider at no additional cost to themselves, furthering the goals of the Indian government in its Digital India strategy to ensure public and universal access to the internet.

3.8. In order to exploit the opportunities awarded by a large amount of entities in the Indian society potentially becoming Public Wi-Fi providers, TRAI should require neither registration nor licensing of these actors. Imposing administrative burdens on potential public Wi-Fi access providers creates legal uncertainty and will cause a lot of actors, who may otherwise contribute to the goals of Digital India, not to do so. This is particularly true for community organisers and citizens, who may not have access to legal assistance and therefore may avoid contributing to the goals of the government.

3.9. Light touch regulation when it comes to both granting license to public Wi-Fi access providers as well as authentication of retail users, however, are needed not only as an exceptional practice for such instances but as a general practice in case of entities offering public Wi-Fi services, either commercially or otherwise. Further, additional laxity in administrative responsibilities is needed to incentivise provision of free, that is non-commercial, public Wi-Fi networks.

Q4. What should be the regulatory guidelines on “unbundling” Wi-Fi at access and backhaul level?

3.10. The Note refers to unbundling of activities related to provision of Wi-Fi but it does not define the term. It is neither explained which specific activities at access and backhaul levels must be considered for unbundling.

3.11. While unbundling should clearly be allowed and any regulatory hurdles to unbundling should be removed, any such decision must be taken with a focus on urgently addressing the stagnated growth in landline and backhaul, as identified in Section C.6.a of the Note. Relying only on spectrum intensive infrastructures, such as mobile base stations, for providing connectivity, creates a heavy regulatory burden for the TRAI, while simultaneously not ensuring optimal connectivity for business and private users. The CIS is concerned that the focus of the Note on standardising a government-mediated authentication and payment mechanism detracts attention from this urgent obstacle to the fulfillment of the Digital India plans of accelerated provision of broadband highways, universal access, and public, especially free, access to internet services.

3.12. From the example of European telecommunications legislations, implementation of policy measures to ensure that vertical integration between infrastructure (say, cables, switches, and hubs) providers and service (say, providing a subscriber with a household modem or a SIM card) providers in the telecommunications sector does not become a barrier to new market entrants has yielded much success in countries that have pursued it, like Sweden and Great Britain.

3.13. Further, there should be no default assumption of bundling by the TRAI. In particular, the TRAI should consider reviewing all regulations that may cause bundling to occur when this is not necessary, and put in place in a monitoring mechanism for ensuring that bundled practises (especially in electronic networks, base station infrastructures, backhaul and similar) do not cause competitive problems or raise market entry barriers [9]. In most EU countries, especially where the corporate structure of incumbent(s) is not highly vertically integrated, interconnection requirements for electronic network providers of wired networks in the backhaul or backbone (effectively price regulated interconnection), and a conscious effort to ensure that new market players can enter the field, have ensured a competitive telecommunications environment. TRAI may consider reviewing the European regulation on local loop unbundling (1999) and discussions on functional separation (especially by the British regulatory authority Ofcom), within an Indian context.

Q5. Whether reselling of bandwidth should be allowed to venue owners such as shop keepers through Wi-Fi at premise? In such a scenario please suggest the mechanism for security compliance.

3.14. Yes. Venue owners should be allowed to provide public Wi-Fi service both on a commercial and non-commercial basis.

3.15. It is not clear from the Note and the question what type of security concerns the TRAI is seeking to address. In terms of payment security, the payment industry already has a large range of verification and testing mechanisms. The CIS objects to the mandatory introduction of the proposed payment system so as to ensure greater security for Wi-Fi access providers and the users.

3.16. As far as hardware-related security issues are concerned, it is again unclear why consumer equipment compliant with existing Wi-Fi standards would not be sufficiently secure in the Indian context. Wi-Fi has proven to be a sturdy technical standard, its adoption is high in multiple jurisdictions around the world, and it also enjoys great technical stability. Similar security assessments could easily be made for alternative wireless technologies, such as WiMaX.

3.17. The CIS foresees problems is in the allocation of risk and liability by law. The already existing legal obligation to verify the identity of each user, for instance, is likely to introduce a large administrative burden on potential Public Wi-Fi providers, which may lead to such potential providers abstaining from entering the market. Should the identification requirement be removed, however, other concerns pertaining to legal obligations may arise. These include liability for user activities on the web or on the internet (cf. copyright infringement, libel, hate speech). We propose a “safe harbour” mechanism in these cases, limiting the liability of the potential public Wi-Fi provider.

Q6. What should be the guidelines regarding sharing of costs and revenue across all entities in the public Wi-Fi value chain? Is regulatory intervention required or it should be left to forbearance and individual contracting?

3.18. The market segments identified by the TRAI in Section F.18 of the Note should normally all be competitive markets themselves, and so do not require regulatory assistance in sharing of costs and revenues. The more elaborate the requirements imposed on each actor of each market segment identified by the TRAI in Section F.18, the more costly the roll-out of public Wi-Fi is going to be for the market actors. Such a cost is not avoided by price regulation.

3.19. The TRAI may instead consider introducing public funding for backhaul roll-out in remote areas, where the market is unlikely to engage in such roll-out on its own. Presently, some Indian states (such as Karnataka) are committing to public funding for wireless access in remote areas. The Union Government can assist such endeavours.

Endnotes

[1] See: http://cis-india.org/.

[2] See: http://trai.gov.in/Content/ConDis/20801_0.aspx.

[3] See Section C.6 of the Note.

[4] See: http://trai.gov.in/Content/ConDis/20782_0.aspx.

[5] See: http://cis-india.org/telecom/blog/cis-submission-to-trai-consultation-on-proliferation-of-broadband-through-public-wifi-networks.

[6] See Section E.11. of the Note.

[7] See: http://cis-india.org/telecom/blog/cis-submission-to-trai-consultation-on-proliferation-of-broadband-through-public-wifi-networks.

[8] See: https://www.wi-fi.org/.

[9] See: Monitoring bundled products in the telecommunications sector is also recommended by the OECD: http://oecdinsights.org/2015/06/22/triple-and-quadruple-play-bundles-of-communication-services-towards-all-in-one-packages/.

For more details visit https://cis-india.org/telecom/blog/cis-submission-trai-note-on-interoperable-scalable-public-wifi

Checks and balances needed for mass surveillance of citizens, say experts

Admin — 2017-12-16T14:32:23Z

A number of measures are required to protect law-abiding citizens from mass surveillance and misuse of their personal data, according to top technology and legal experts.

The article by Peerzada Abrar was published in the Hindu on December 9, 2017

The measures include issuing of tokens by the Unique Identification Authority of India (UIDAI) instead of Aadhaar numbers and having an official in the judiciary give permission to vigilance.

The experts were participating in a panel discussion on ‘Navigating Big Data Challenges’ at Carnegie India’s Global Technology Summit here. They also said there was a need to implement ‘de-identification of data’ or preventing a person’s identity from being connected with information.

The moderator of the discussion was Justice B.N. Srikrishna, a former Supreme Court judge, who was also heading a government-appointed committee of experts to identify “key data protection issues” and recommend methods to address them. Justice Srikrishna told the panellists that Aadhaar or the unique identification number had empowered the people. But in situations where the State wants all the information about citizens from different service providers because of its suspicions related to terrorism or criminal activity, he asked, what is the method to create a balance?

“Surveillance is like salt in cooking which is essential in tiny quantities, but counterproductive even if slightly in excess,” responded Sunil Abraham, executive director of Bengaluru-based think tank, Centre for Internet and Society. He said there was a need to make a surveillance system which had privacy by design built into it.

Mr. Abraham said that his organisation had proposed to the UIDAI that it used ‘tokenisation,’ which meant that whenever there was a ‘know your customer’ requirement, the Aadhaar number was not accessed by organisations like telecom firms or the banks. Instead, when the citizens used various services via smart cards or pins, a token got generated, which was controlled by the UIDAI. Organisations like banks and telecom firms can store those token numbers in their database. He said this would make it harder for unauthorised parties to combine databases. But at the same time would enable law enforcement agencies to combine database using the appropriate authorizations and infrastructure.

“UIDAI is considering this, they call it the dummy Aadhaar numbers. We need technical as well as institutional checks and balances,” said Mr. Abraham.

Countries like the U.S also have processes like Foreign Intelligence Surveillance Court (FISA court) which entertains applications made by the U.S Government for approval of electronic surveillance, physical search, and certain other forms of investigative actions for foreign intelligence purposes.

“My concern is that in the current system, surveillance can be done by the State machinery. I don’t necessarily suggest FISA court.... but some kind of mechanism where (one can’t) be held at the mercy of incestuous State machinery,” said Rahul Matthan, a partner at law firm Trilegal. “But have some second person who is outside the influence of this system (and) who actually says ‘yes this is a terrorist which requires us to do mass surveillance,” he said.

Artificial Intelligence

A large amount of information or Big data ranging from financial, health to political insights of people is being collected by different organisations and service providers which is sitting in different silos. All of this is likely going to be linked through Aadhaar. Mr. Srikrishna asked what if a situation arises where all of this data is aggregated and using artificial intelligence and machine learning, one is able to analyse it and profile individuals. He said “would that be not a terrifying scenario” where the State can act super-monitor for citizens. He asked how can citizens be guarded against it?

Mr.Srikrishna was referring to the ‘Social Credit System’ proposed by the Chinese government for creating a national reputation system to rate the trustworthiness of its citizens including their economic and social status. It works as a mass surveillance tool and uses big data analysis technology.

“It is a possibility. What stands in the way of it becoming a reality (in India) is a robust law,” said Mr.Matthan. “Technology is so powerful that it could equally be used for good as well as bad.”

For more details visit https://cis-india.org/internet-governance/news/the-hindu-peerzada-abrar-december-9-2017-checks-and-balances-needed-to-mass-surveillance-of-citizens-say-experts

Centre to form panel to 'encrypt' MGNREGA-DBT database and prevent leaks

praskrishna — 2017-07-14T10:46:45Z

Around 5 crore bank accounts of active MGNREGA workers yet to be seeded with Aadhaar.

The article by Sanjeeb Mukherjee was published in the Business Standard on July 14, 2017.

Alarmed over reports of ‘public disclosure’ of sensitive Aadhaar data through various portals and payment gateways, the Centre is in the process of appointing a high-powered panel of almost 20 experts to suggest ways and means through which data, particularly one which can be accessed through the MGNREGA-DBT platform can be encrypted.

Encryption, officials believe, would prevent the Aadhaar data and other related information from falling into wrong hands.

The need for proper encryption of Aadhaar data rose after the government made it mandatory for availing almost all benefits - be it school scholarships, payments of MGNREGA wages, identification of beneficiaries under mid-day meal scheme and even public distribution system along with others.

Ensuring cyber security has become all the more necessary as the Central government, in a notification issued last month, has made it mandatory for all bank accounts to be seeded with Aadhaar numbers by December 31, 2017, or else they would cease to be operational until the time the account holder furnishes his Aadhaar number.

This could seriously hamper payment of wages to MGNREGA workers because as per available information almost 5 crore active workers don’t have their bank accounts seeded with Aadhaar.

To complete the process before December 2017, the ministry of rural development has planned special Aadhaar camps to be held in villages from July 20 to September 2017.

Recently, a website published all confidential details of customers of a private telecom company including Aadhaar numbers and other information.

The breach was another instance of secure confidential information falling into public domain.

Officials of the panel, which would be headed by former NASSCOM head Kiran Karnik are expected to submit their report on the same within the next few months.

Other members of the panel include Director General of National Institute of Smart Governance (NISG), officials from Indian Computer Emergency Response Team (ICERT) and others.

However, cyber security experts believe that encrypting Aadhaar-DBT details mainly for those schemes and programmes which have a direct linkage with the public at this later stage has its own challenges as the entire ecosystem around Aadhaar has grown manifold ever since it was made mandatory for a variety of programmes.

Also, in the absence of a national encryption policy, such a move will have its own legal and regulatory challenges.

“Ever since the government made Aadhaar mandatory for many things, the entire ecosystem around it including the Central Identities Data Repository (the agency which stores Aadhaar data is exposed to leaks,” noted cyber law expert Pawan Duggal told Business Standard.

He said that without a proper national encryption law, it would be extremely challenging to provide legal and regulatory backing to encrypt all Aadhaar- DBT data details for MGNREGA. “Also now that the ‘cat is out of the bag,’ encryption of Aadhaar details will be hugely challenging,” Duggal said.

Already, civil society activists said that after some concern, the central government has removed all Aadhaar numbers and bank details from MGNREGA website, which has made tracking payments difficult.

A recent study by Amber Sinha and Srinivas Kodali from the Centre for Internet and Society (CIS) found that granular details about individuals including sensitive personally identifiable information such as Aadhaar number, caste, religion, address, photographs and financial information are only a few clicks away through government schemes dashboard and portals.

“While initiatives such as the government open data portals may be laudable for providing easy access to government data condensed for easy digestion, however in the absence of proper controls exercised by the government departments the results can be disastrous by divulging sensitive and adversely actionable information about the individuals who are responding units of such databases,” the report said.

It specifically studied two major schemes of the ministry of rural development; the National National Social Assistance Programme and MGNREGA along with some state schemes.

Pointers

a) Centre to form a panel to encrypt all MGNREGA-DBT database to prevent leaks.

b) The panel might also suggest ways and means in which such ‘encryption’ could be applied in other platforms.

c) The panel is expected to be headed by former NASSCOM head Kiran Karnik.

d) The encryption is essential as from January 2018 all non-Aadhaar seeded bank accounts will cease to be operational unless the holders seed them.

e) A recent study found that vivid details about individuals can be easily accessed from government platforms and databases.

f) The MGNREGA database was one such publicly available platform which formed part of the study.

For more details visit https://cis-india.org/internet-governance/news/business-standard-sanjeeb-mukherjee-july-14-2017-centre-to-form-panel-to-encrypt-mgnrega-dbt-database-and-prevent-leaks

Centre brings in new safeguards following cases of Aadhaar data leaks on government websites

praskrishna — 2017-06-06T15:41:16Z

The Centre has put in new safeguards following a number of cases of Aadhaar data leaks on government websites. All ministries are being asked to encrypt all Aadhaar data and personal financial details. Also, officials are being "sensitised" about legal consequences of data breach. And every government department is to now have one official responsible for Aadhaar data protection.

The article by Nidhi Sharma was published in the Economic Times on June 2, 2017.

The ministry of electronics and information technology has written to all departments on better data security. ET has reviewed the new guidelines. Aadhaar, a 12-digit unique identity number issued on the basis of biometric data, is linked to a person's bank account and used by government agencies to directly transfer benefits of several social welfare schemes.

Senior officials, who spoke off record, told ET all departments have been asked to immediately review their website content to check if personal data is on display.

A set of 27 dos and 9 don'ts has been circulated on data handling. This includes instructions on masking Aadhaar data and bank details as well as encrypting data. The government has mandated regular audits to check safety of personal data.

The ministry letter says, "It has come to notice there have been instances wherein personal identity or information of residents, along with Aadhaar numbers and demographic information, and other sensitive personal data ... have been published online."

The letter also spells out legal consequences of such data breach and warns the government departments to check future leaks. "Publishing identity information, i.e. Aadhaar number along with demographic information is in clear contravention of the provisions of the Aadhaar Act 2016 and constitutes an offence punishable with imprisonment up to 3 years. Further, publishing of financial information including bank details, being sensitive personal data, is also in contravention of provision under IT Act 2000 with violations liable to pay damages by way of compensation to persons affected."

The move to protect personal data comes after reports that data of 130 million Aadhaar cardholders has been leaked from four government websites. Reports, based on a study conducted by the Centre for Internet and Society (CIS) said Aadhaar numbers and details have been leaked.

For more details visit https://cis-india.org/internet-governance/news/economic-times-june-2-2017-nidhi-sharma-centre-brings-in-new-safeguards-following-cases-of-aadhaar-data-leaks-on-government-websites