Centre for Internet and Society

Right to Food Campaign, Ranchi Convention, 2016

sumandro — 2019-03-16T04:40:52Z

The Right to Food Campaign held its 2016 Convention in Ranchi during September 23-25, 2016. While three years have elapsed since the passage of the National Food Security Act, despite improvements in the Public Distribution System (PDS), large implementation gaps remain. This is what the Convention focused on, and gathered researchers and campaigners from across the country to share experiences and case studies on effectiveness and exclusions from the PDS. Sumandro Chattapadhyay took part in a session of the Convention to discuss how UID-linked welfare delivery is being rolled out across key programmes like provision of pension and rationed distribution of essential commodities, and their impact on people's right to welfare services.

Right to Food Campaign: Website.

Right to Food Campaign: Cash Transfers and UID: Our Main Demands.

Ranchi Convention, 2016: Programme.

For more details visit https://cis-india.org/internet-governance/news/right-to-food-campaign-ranchi-convention-2016

Report on Understanding Aadhaar and its New Challenges

Japreet Grewal, Vanya Rakesh, Sumandro Chattapadhyay, and Elonnai Hickock — 2019-03-16T04:42:52Z

The Trans-disciplinary Research Cluster on Sustainability Studies at Jawaharlal Nehru University collaborated with the Centre for Internet and Society, and other individuals and organisations to organise a two day workshop on “Understanding Aadhaar and its New Challenges” at the Centre for Studies in Science Policy, JNU on May 26 and 27, 2016. The objective of the workshop was to bring together experts from various fields, who have been rigorously following the developments in the Unique Identification (UID) Project and align their perspectives and develop a shared understanding of the status of the UID Project and its impact. Through this exercise, it was also sought to develop a plan of action to address the welfare exclusion issues that have arisen due to implementation of the UID Project.

Report: Download (PDF)

This Report is a compilation of the observations made by participants at the workshop relating to myriad issues under the UID Project and various strategies that could be pursued to address these issues. In this Report we have classified the observations and discussions into following themes:

1. Brief Background of the UID Project

2. Legal Status of the UIDAI Project

Procedural issues with passage of the Act
Status of related litigation

3. National Identity Projects in Other Jurisdictions

Pakistan
United Kingdom
Estonia
France
Argentina

4. Technologies of Identification and Authentication

Use of Biometric Information for Identification and Authentication
Architectures of Identification
Security Infrastructure of CIDR

5. Aadhaar for Welfare?

Social Welfare: Modes of Access and Exclusion
Financial Inclusion and Direct Benefits Transfer

6. Surveillance and UIDAI

7. Strategies for Future Action

Annexure A Workshop Agenda

Annexure B Workshop Participants

1. Brief Background of the UID Project

In the year 2009, the UIDAI was established and the UID project was conceived by the Planning Commission under the UPA government to provide unique identification for each resident in India and to be used for delivery of welfare government services in an efficient and transparent manner, along with using it as a tool to monitor government schemes. The objective of the scheme has been to issue a unique identification number by the Unique Identification Authority of India, which can be authenticated and verified online. It was conceptualized and implemented as a platform to facilitate identification and avoid fake identity issues and delivery of government benefits based on the demographic and biometric data available with the Authority.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Act”) was passed as a money bill on March 16, 2016 and was notified in the gazette March 25, 2016 upon receiving the assent of the President. However, the enforceability date has not been mentioned due to which the bill has not come into force.

The Act provides that the Aadhaar number can be used to validate a person’s identity, but it cannot be used as a proof of citizenship. Also, the government can make it mandatory for a person to authenticate her/his identity using Aadhaar number before receiving any government subsidy, benefit, or service. At the time of enrolment, the enrolling agency is required to provide notice to the individual regarding how the information will be used, the type of entities the information will be shared with and their right to access their information. Consent of an individual would be obtained for using his/her identity information during enrolment as well as authentication, and would be informed of the nature of information that may be shared. The Act clearly lays that the identity information of a resident shall not be sued for any purpose other than specified at the time of authentication and disclosure of information can be made only pursuant to an order of a court not inferior to that of a District Judge and/or disclosure made in the interest of national security.

2. Legal Status of the UIDAI Project

In this section, we have summarised the discussions on the procedural issues with the passage of the Act. The participants had criticised the passage of the Act as a money bill in the Parliament. The participants also assessed the litigation pending in the Supreme Court of India that would be affected by this law. These discussions took place in the session titled, ‘Current Status of Aadhaar’ and have been summarised below.

Procedural Issues with Passage of the Act

The participants contested the introduction of the Act in the form of a money bill. The rationale behind this was explained at the session and is briefly explained here. Article 110 (1) of the Constitution of India defines a money bill as one containing provisions only regarding the matters enumerated or any matters incidental to the following: a) imposition, regulation and abolition of any tax, b) borrowing or other financial obligations of the Government of India, c) custody, withdrawal from or payment into the Consolidated Fund of India (CFI) or Contingent Fund of India, d) appropriation of money out of CFI, e) expenditure charged on the CFI or f) receipt or custody or audit of money into CFI or public account of India. The Act makes references to benefits, subsidies and services which are funded by the Consolidated Fund of India (CFI), however the main objectives of the Act is to create a right to obtain a unique identification number and provide for a statutory mechanism to regulate this process. The Act only establishes an identification mechanism which facilitates distribution of benefits and subsidies funded by the CFI and this identification mechanism (Aadhaar number) does not give it the character of a money bill. Further, money bills can be introduced only in the Lok Sabha, and the Rajya Sabha cannot make amendments to such bills passed by the Lok Sabha. The Rajya Sabha can suggest amendments, but it is the Lok Sabha’s choice to accept or reject them. This leaves the Rajya Sabha with no effective role to play in the passage of the bill.

The participants also briefly examined the writ petition that has been filed by former Union minister Jairam Ramesh challenging the constitutionality and legality of the treatment of this Act as a money bill which has raised the question of judiciary’s power to review the decisions of the speaker. Article 122 of the Constitution of India provides that this power of judicial review can be exercised to look into procedural irregularities. The question remains whether the Supreme Court will rule that it can determine the constitutionality of the decision made by the speaker relating to the manner in which the Act was introduced in the Lok Sabha. A few participants mentioned that similar circumstances had arisen in the case of Mohd. Saeed Siddiqui v. State of U.P. [1].

where the Supreme Court refused to interfere with the decision of the Uttar Pradesh legislative assembly speaker certifying an amendment bill to increase the tenure of the Lokayukta as a money bill, despite the fact that the bill amended the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975, which was passed as an ordinary bill by both houses. The Court in this case held that the decision of the speaker was final and that the proceedings of the legislature being important legislative privilege could not be inquired into by courts. The Court added, “the question whether a bill is a money bill or not can be raised only in the state legislative assembly by a member thereof when the bill is pending in the state legislature and before it becomes an Act.”

However, it is necessary to carve a distinction between Rajya Sabha and State Legislature. Unlike the State Legislature, constitution of Rajya Sabha is not optional therefore significance of the two bodies in the parliamentary process cannot be considered the same. Participants also made another significant observation about a similar bill on the UID project (National Identification Authority of India (NIDAI) Bill) that was introduced before by the UPA government in 2010 and was deemed unacceptable by the standing committee on finance, headed by Yashwant Sinha. This bill was subsequently withdrawn.

Status of Related Litigation

A panellist in this session briefly summarised all the litigation that was related to or would be affected by the Act. The panellist also highlighted several Supreme Court orders in the case of KS Puttuswamy v. Union of India [2] which limited the use of Aadhaar. We have reproduced the presentation below.

KS Puttuswamy v. Union of India - This petition was filed in 2012 with primary concern about providing Aadhaar numbers to illegal immigrants in India. It was contended that this could not be done without a law establishing the UIDAI and amendment to the Citizenship laws. The petitioner raised concerns about privacy and fallibility of biometrics.
Sudhir Vombatkere & Bezwada Wilson [3] - This petition was filed in 2013 on grounds of infringement of right to privacy guaranteed under Article 21 of the Constitution of India and the security threat on account of data convergence.
Aruna Roy & Nikhil Dey [4] - This petition was filed in 2013 on the grounds of large scale exclusion of people from access to basic welfare services caused by UID. After their petition, no. of intervention applications were filed. These were the following:
Col. Mathew Thomas [5] - This petition was filed on the grounds of threat to national security posed by the UID project particularly in relation to arrangements for data sharing with foreign companies (with links to foreign intelligence agencies).
Nagrik Chetna Manch [6] - This petition was filed in 2013 and led by Dr. Anupam Saraph on the grounds that the UID project was detrimental to financial service regulation and financial inclusion.
S. Raju [7] - This petition was filed on the grounds that the UID project had implications on the federal structure of the State and was detrimental to financial inclusion.
Beghar Foundation - This petition was filed in 2013 in the Delhi High Court on the grounds invasion of privacy and exclusion specifically in relation to the homeless. It subsequently joined the petition filed by Aruna Roy and Nikhil Dey as an intervener.
Vickram Crishna – This petition was originally filed in the Bombay High Court in 2013 on the grounds of surveillance and invasion of privacy. It was later transferred to the Supreme Court.
Somasekhar – This petition was filed on the grounds of procedural unreasonableness of the UID project and also exclusion & privacy. The petitioner later intervened in the petition filed by Aruna Roy and Nikhil Dey in 2013.
Rajeev Chandrashekhar– This petition was filed on the ground of lack of legal sanction for the UID project. He later intervened in the petition filed by Aruna Roy and Nikhil Dey in 2013. His position has changed now.
Further, a petition was filed by Mr. Jairam Ramesh initially challenging the passage of the Act as a money bill but subsequently, it has been amended to include issues of violation of right to privacy and exclusion of the poor and has advocated for five amendments that were suggested to the Aadhaar Bill by the Rajya Sabha.

Relevant Orders of the Supreme Court

There are six orders of the Supreme Court which are noteworthy.

Order of Sept. 23, 2013 - The Supreme court directed that: 1) no person shall suffer for not having an aadhaar number despite the fact that a circular by an authority makes it mandatory; 2) it should be checked if a person applying for aadhaar number voluntarily is entitled to it under the law; and 3) precaution should be taken that it is not be issued to illegal immigrants.
Order of 26th November, 2013 – Applications were filed by UIDAI, Ministry of Petroleum & Natural Gas, Govt of India, Indian Oil Corporation, BPCL and HPCL for modifying the September 23rd order and sought permission from the Supreme Court to make aadhaar number mandatory. The Supreme Court held that the order of September 23rd would continue to be effective.
Order of 24th March, 2014 – This order was passed by the Supreme Court in a special leave petition filed in the case of UIDAI v CBI [8] wherein UIDAI was asked to UIDAI to share biometric information of all residents of a particular place in Goa to facilitate a criminal investigation involving charges of rape and sexual assault. The Supreme Court restrained UIDAI from transferring any biometric information of an individual without to any other agency without his consent in writing. The Supreme Court also directed all the authorities to modify their forms/circulars/likes so as to not make aadhaar number mandatory.
Order of 16th March, 2015 - The SC took notice of widespread violations of the order passed on September 23rd, 2013 and directed the Centre and the states to adhere to these orders to not make aadhaar compulsory.
Orders of August 11, 2015 – In the first order, the Central Government was directed to publicise the fact that aadhaar was voluntary. The Supreme Court further held that provision of benefits due to a citizen of India would not be made conditional upon obtaining an aadhaar number and restricted the use of aadhaar to the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene and the LPG Distribution Scheme. The Supreme Court also held that information of an individual that was collected in order to issue an aadhaar number would not be used for any purpose except when directed by the Court for criminal investigations. Separately, the status of fundamental right to privacy was contested and accordingly the Supreme Court directed that the issue be taken up before the Chief Justice of India.
Orders of October 16, 2015 – The Union of India, the states of Gujarat, Maharashtra, Himachal Pradesh and Rajasthan, and authorities including SEBI, TRAI, CBDT, IRDA , RBI applied for a hearing before the Constitution Bench for modification of the order passed by the Supreme Court on August 11 and allow use of aadhaar number schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme MGNREGS), National Social Assistance Programme (Old Age Pensions, Widow Pensions, Disability Pensions) Prime Minister's Jan Dhan Yojana (PMJDY) and Employees' Providend Fund Organisation (EPFO). The Bench allowed the use of aadhaar number for these schemes but stressed upon the need to keep aadhaar scheme voluntary until the matter was finally decided.

Status of these orders
The participants discussed the possible impact of the law on the operation of these orders. A participant pointed out that matters in the Supreme Court had not become infructuous because fundamental issues that were being heard in the Supreme Court had not been resolved by the passage of the Act. Several participants believed that the aforementioned orders were effective because the law had not come into force. Therefore, aadhaar number could only be used for purposes specified by the Supreme Court and it could not be made mandatory. Participants also highlighted that when the Act was implemented, it would not nullify the orders of the Supreme Court unless Union of India asked the Supreme Court for it specifically and the Supreme Court sanctioned that.

3. National Identity Projects in Other Jurisdictions

A panellist had provided a brief overview of similar programs on identification that have been launched in other jurisdictions including Pakistan, United Kingdom, France, Estonia and Argentina in the recent past in the session titled ‘Aadhaar - International Dimensions’. This presentation mainly sought to assess the incentives that drove the governments in these jurisdictions to formulate these projects, mandatory nature of their adoption and their popularity. The Report has reproduced the presentation here.

Pakistan

The Second Amendment to the Constitution of Pakistan in 2000 established the National Database and Regulation Authority in the country, which regulates government databases and statistically manages the sensitive registration database of the citizens of Pakistan. It is also responsible for issuing national identity cards to the citizens of Pakistan. Although the card is not legally compulsory for a Pakistani citizen, it is mandatory for:

Voting
Obtaining a passport
Purchasing vehicles and land
Obtaining a driver licence
Purchasing a plane or train ticket
Obtaining a mobile phone SIM card
Obtaining electricity, gas, and water
Securing admission to college and other post-graduate institutes
Conducting major financial transactions

Therefore, it is pretty much necessary for basic civic life in the country. In 2012, NADRA introduced the Smart National Identity Card, an electronic identity card, which implements 36 security features. The following information can be found on the card and subsequently the central database: Legal Name, Gender (male, female, or transgender), Father's name (Husband's name for married females), Identification Mark, Date of Birth, National Identity Card Number, Family Tree ID Number, Current Address, Permanent Address, Date of Issue, Date of Expiry, Signature, Photo, and Fingerprint (Thumbprint). NADRA also records the applicant's religion, but this is not noted on the card itself. (This system has not been removed yet and is still operational in Pakistan.)

United Kingdom

The Identity Cards Act was introduced in the wake of the terrorist attacks on 11th September, 2001, amidst rising concerns about identity theft and the misuse of public services. The card was to be used to obtain social security services, but the ability to properly identify a person to their true identity was central to the proposal, with wider implications for prevention of crime and terrorism. The cards were linked to a central database (the National Identity Register), which would store information about all of the holders of the cards. The concerns raised by human rights lawyers, activists, security professionals and IT experts, as well as politicians were not to do with the cards as much as with the NIR. The Act specified 50 categories of information that the NIR could hold, including up to 10 fingerprints, digitised facial scan and iris scan, current and past UK and overseas places of residence of all residents of the UK throughout their lives. The central database was purported to be a prime target for cyber attacks, and was also said to be a violation of the right to privacy of UK citizens. The Act was passed by the Labour Government in 2006, and repealed by the Conservative-Liberal Democrat Coalition Government as part of their measures to “reverse the substantial erosion of civil liberties under the Labour Government and roll back state intrusion.”

Estonia

The Estonian i-card is a smart card issued to Estonian citizens by the Police and Border Guard Board. All Estonian citizens and permanent residents are legally obliged to possess this card from the age of 15. The card stores data such as the user's full name, gender, national identification number, and cryptographic keys and public key certificates. The cryptographic signature in the card is legally equivalent to a manual signature, since 15 December 2000. The following are a few examples of what the card is used for:

As a national ID card for legal travel within the EU for Estonian citizens
As the national health insurance card
As proof of identification when logging into bank accounts from a home computer
For digital signatures
For i-voting
For accessing government databases to check one’s medical records, file taxes, etc.
For picking up e-Prescriptions
(This system is also operational in the country and has not been removed)

France

The biometric ID card was to include a compulsory chip containing personal information, such as fingerprints, a photograph, home address, height, and eye colour. A second, optional chip was to be implemented for online authentication and electronic signatures, to be used for e-government services and e-commerce. The law was passed with the purpose of combating “identity fraud”. It was referred to the Constitutional Council by more than 200 members of the French Parliament, who challenged the compatibility of the bill with the citizens’ fundamental rights, including the right to privacy and the presumption of innocence. The Council struck down the law, citing the issue of proportionality. “Regarding the nature of the recorded data, the range of the treatment, the technical characteristics and conditions of the consultation, the provisions of article 5 touch the right to privacy in a way that cannot be considered as proportional to the meant purpose”.

Argentina

Documento Nacional de Identidad or DNI (which means National Identity Document) is the main identity document for Argentine citizens, as well as temporary or permanent resident aliens. It is issued at a person's birth, and updated at 8 and 14 years of age simultaneously in one format: a card (DNI tarjeta); it's valid if identification is required, and is required for voting. The front side of the card states the name, sex, nationality, specimen issue, date of birth, date of issue, date of expiry, and transaction number along with the DNI number and portrait and signature of the card's bearer. The back side of the card shows the address of the card's bearer along with their right thumb fingerprint. The front side of the DNI also shows a barcode while the back shows machine-readable information. The DNI is a valid travel document for entering Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela. (System still operational in the country)

4. Technologies of Identification and Authentication

The panel in the session titled ‘Aadhaar: Science, Technology, and Security’ explained the technical aspects of use of biometrics and privacy concerns, technology architecture for identification and inadequacy of infrastructure for information security. In this section, we have summarised the presentation and the ensuing discussions on these issues.

Use of Biometric Information for Identification and Authentication

The panelists explained with examples that identification and authentication were different things. Identity provides an answer to the question “who are you?” while authentication is a challenge-response process that provides a proof of the claim of identity. Common examples of identity are User ID (Login ID), cryptographic public keys and ATM or Smart cards while common authenticators are passwords (including OTPs), PINs and cryptographic private keys. Identity is public information but an authenticator must be private and known only to the user. Authentication must necessarily be a conscious process and active participation by the user is a must. It should also always be possible to revoke an authenticator. After providing this understanding of the two processes the panellist then explained if biometric information could be used for identification or authentication under the UID Project. Biometric information is clearly public information and it is questionable if it can be revoked. Therefore it should never be used for authentication, but only for identity verification. There is a possibility of authentication by fingerprints under the UID Project, without conscious participation of the user. One could trace the fingerprints of an individual from any place the individual has been in contact with. Therefore, authentication must certainly be done by other means. The panellist pointed out that there were five kinds of authentication under the UID Project, out of which two-factor authentication and one time password were considered suitable but use of biometric information and demographic information was extremely threatening and must be withdrawn.

Architectures of Identification

The panelists explained the architecture of the UID Project that has been designed for identification purposes, highlighted its limitations and suggested alternatives. His explanations are reproduced below.

Under the UID Project, there is a centralised means of identification i.e. the aadhaar number and biometric information stored in one place, Central Identification Data Repository (CIDR). It is better to have multiple means of identification than one (as contemplated under the UID Project) for preservation of our civil liberties. The question is what the available alternatives are. Web of trust is a way for operationalizing distributed identification but the challenge is how one brings people from all social levels to participate in it. There is a need for registrars who will sign keys and public databases for this purpose.

The aadhaar number functions as a common index and facilitates correlation of data across Government databases. While this is tremendously attractive it raises several privacy concerns as more and more information relating to an individual is available to others and is likely to be abused.

The aadhaar number is available in human readable form. This raises the risk of identification without consent and unauthorised profiling. It cannot be revoked. Potential for damage in case of identity theft increases manifold.

Under the UID Project, for the purpose of information security, Authentication User Agencies (“AUA”) are required to use local identifiers instead of aadhaar numbers but they are also required to map these local identifiers to the aadhaar numbers. Aadhaar numbers are not cryptographically secured; in fact they are publicly available. Hence this exercise for securing information is useless. An alternative would be to issue different identifiers for different domains and cryptographically embed a “master identifier” (in this case, equivalent of aadhaar number) into each local identifier.

All field devices (for example POS machines) should be registered and must communicate directly with UIDAI. In fact, UIDAI must verify the authenticity (tamper proof) of the field device during run time and a UIDAI approved authenticity certificate must be issued for field devices. This certificate must be made available to users on demand. Further, the security and privacy frameworks within which AUAs work must be appropriately defined by legal and technical means.

Security Infrastructure of CIDR

The panelists also enumerated the security features of the UID Project and highlighted the flaws in these features. These have been summarised below.

The security and privacy infrastructure of UIDAI has the following main features:

2048 bit PKI encryption of biometric data in transit
End-to-end encryption from enrolment/POS to CIDR
HMAC based tamper detection of PID blocks
Registration and authentication of AUAs
Within CIDR only a SHA 1 Hash of Aadhaar number is stored
Audit trails are stored SHA 1 encrypted. Tamper detection?
Only hashes of passwords and PINs are stored. (biometric data stored in original form though!)
Authentication requests have unique session keys and HMAC
Resident data stored using 100 way sharding (vertical partitioning). First two digits of Aadhaar number as shard keys
All enrolment and update requests link to partitioned databases using Ref IDs (coded indices)
All accesses through a hardware security module
All analytics carried out on anonymised data

The panellists pointed out the concerns about information security on account of design flaws, lack of procedural safeguards, openness of the system and too much trust imposed on multiple players. All symmetric and private keys and hashes are stored somewhere within UIDAI. This indicates that trust is implicitly assumed which is a glaring design flaw. There is no well-defined approval procedure for data inspection, whether it is for the purpose of investigation or for data analytics. There is a likelihood of system hacks, insider leaks, and tampering of authentication records and audit trails. The ensuing discussions highlighted that the UIDAI had admitted to these security risks. The enrolment agencies and the enrolment devices cannot be trusted. AUAs cannot be trusted with biometric and demographic data; neither can they be trusted with sensitive user data of private nature. There is a need for an independent third party auditor for distributed key management, auditing and approving UIDAI programs, including those for data inspection and analytics, whitebox cryptographic compilation of critical parts of the UIDAI programs, issue of cryptographic keys to UIDAI programs for functional encryption, challenge-response for run-time authentication and certification of UIDAI programs. The panellist recommended that there was a need to to put a suitable legal framework to execute this.

The participants also discussed that information infrastructure must not be made of proprietary software (possibility for backdoors for US) and there must be a third party audit with a non-negotiable clause for public audit.

5. Aadhaar for Welfare?

The Report has summarised the discussions that took place in the sessions on ‘Direct Benefits Transfers’ and ‘Aadhaar: Broad Issues - II’ where the panellists critically analysed the claims of benefits and inclusion of Aadhaar made by the government in light of the ground realities in states where Aadhaar has been adopted for social welfare schemes.

Social Welfare: Modes of Access and Exclusion

Under the Act, a person may be required to authenticate or give proof of the aadhaar number in order to receive subsidy from the government (Section 7). A person is required to punch their fingerprints on POS machines in order to receive their entitlement under the social welfare schemes such as LPG and PDS. It was pointed out in the discussions that various states including Rajasthan and Delhi had witnessed fingerprint errors while doling out benefits at ration shops under the PDS scheme. People have failed to receive their entitled benefits because of these fingerprint errors thus resulting in exclusion of beneficiaries [9]. A panellist pointed out that in Rajasthan, dysfunctional biometrics had led to further corruption in ration shops. Ration shop owners often lied to the beneficiaries about functioning of the biometric machines (POS Machines) and kept the ration for sale in the market therefore making a lot of money at the expense of uninformed beneficiaries and depriving them of their entitlements.

Another participant organisation also pointed out similar circumstances in the ration shops in Patparganj and New Delhi constituencies. Here, the dealers had maintained the records of beneficiaries who had been categorized as follows: beneficiaries whose biometrics did not match, beneficiaries whose biometrics matched and entitlements were provided, beneficiaries who never visited the ration shop. It had been observed that there were no entries in the category of beneficiaries whose biometrics did not match however, the beneficiaries had a different story to tell. They complained that their biometrics did not match despite trying several times and there was no mechanism for a manual override. Consequently, they had not been able to receive any entitlements for months. The discussions also pointed out that the food authorities had placed complete reliance on authenticity of the POS machines and claim that this system would weed out families who were not entitled to the benefits. The MIS was also running technical glitches as a result there was a problem with registering information about these transactions hence, no records had been created with the State authority about these problems. A participant also discussed the plight of 30,000 widows in Delhi, who were entitled to pension and used to collect their entitlement from post offices, faced exclusion due to transition problems under the Jan Dhan Yojana (after the Jandhan was launched the money was transferred to their bank accounts in order to resolve the problem of misappropriation of money at the hands of post office officials). These widows were asked to open bank accounts to receive their entitlements and those who did not open these accounts and did not inform the post office were considered bogus.

In the discussions, the participants also noted that this unreliability of fingerprints as a means of authentication of an individual’s identity was highlighted at the meeting of Empowered Group of Ministers in 2011 by J Dsouza, a biometrics scientist. He used his wife’s fingerprints to demonstrate that fingerprints may change overtime and in such an event, one would not be able to use the POS machine anymore as the machine would continue to identify the impressions collected initially.

The participants who had been working in the field had contributed to the discussions by busting the myth that the UID Project helped to identify who was poor and resolve the problem of exclusion due to leakages in the social welfare programs. These discussions have been summarised below.

It is important to understand that the UID Project is merely an identification and authentication system. It only helps in verifying if an individual is entitled to benefits under a social security scheme. It does not ensure plugging of leakages and reducing corruption in social security schemes as has been claimed by the Government. The reduction in leakage of PDS, for instance, should be attributed to digitization and not UID. The Government claims, that it has saved INR 15000 crore in provision of LPG on identification of 3.34 crore inactive accounts on account of the UID Project. This is untrue because the accounts were weeded by using mechanisms completely unrelated to the UID Project. Consequently, the savings on account of UID are only of INR 120 crore and not 15000 crore.
The UID Project has resulted in exclusion of people either because they do not have an aadhaar number, or they have a wrong identification, or there are errors of classification or wilful misclassification. About 99.7% people who were given aadhaar numbers already had an identification document. In fact, during enrolment a person is required to produce one of 14 identification documents listed under the law in order to get an aadhaar number which makes it very difficult for a person with no identity to become entitled to a social welfare scheme.

A participant condemned the Government’s claim that the UID Project had helped in removing fake, bogus and duplicate cards and said that these terms could not be used synonymously and the authorities had no clarity about the difference between the meanings of these terms. The UID Project had only helped in removal of duplicate cards but had not helped in combating the use of fake and bogus cards.

Financial Inclusion and Direct Benefits Transfer

The participants also engaged in the discussions about the impact of the UID project on financial inclusion in India in the sessions titled ‘Aadhaar: Broad Issues - I & II’. We have summarised these discussions below.

The UID Project seeks to directly transfer money to a bank account in order to combat corruption. The discussions highlighted that this was nothing but introducing a neo liberal thrust in social policy and that it was not feasible for various reasons. First, 95% of rural India did not have functioning banks and banks are quite far away. Second, in order to combat this dearth of banks the idea of business correspondents, who handled banking transactions and helped in opening of bank accounts, had been introduced which had created various problems. The Reserve Bank of India reported that there was dearth of business correspondents as there was very little incentive to become one; their salary is merely INR 4000. Third, there were concerns about how an aadhaar number was considered a valid document for Know Your Customer (KYC) checks. There was a requirement for scrutiny and auditing of documents submitted during the time of enrolment which, in the present scheme of things, could not be verified. Fourth, there were no restrictions on number of bank accounts that could be opened with a single aadhaar number which gave rise to a possibility of opening multiple and shell accounts on a single aadhaar number. Therefore, records only showed transactions when money was transferred from an aadhaar number to another aadhaar number as opposed to an account-to-account transfer. The discussion relied on NPCI data which shows which bank an aadhaar number is associated with but does not show if a transaction by an aadhaar number is overwritten by another bank account belonging to the same aadhaar number.

6. Surveillance and UIDAI

The participants had discussed the possibility of an alternative purpose for enrolling Aadhaar in the session titled ‘Privacy, Surveillance, and Ethical Dimensions of Aadhaar’. The discussion traced the history of this project to gain insight on this issue. We have summarised below the key take aways from this discussion.

There are claims that the main objective of launching the UID Project is not to facilitate implementation of social security schemes but to collect personal (financial and non-financial) information of the citizens and residents of the country to build a data monopoly. For this purpose, PDS was chosen as a suitable social security scheme as it has the largest coverage. Several participants suggested that numerous reports authored by FICCI, KPMG and ASSOCHAM contained proposals for establishing a national identity authority which threw some light on the commercial intentions behind information collection under the UID Project.

It was also pointed out that there was documented proof that information collected under the UID Project might have been shared with foreign companies. There are suggestions about links established between proponents of the UID Project and companies backed by CIA or the French Government which run security projects and deal in data sharing in several jurisdictions.

7. Strategies for Future Action

The participants laid down a list of measures that must be taken to take the discussions forward. We have enumerated these recommendations below.

Prepare and compile an anthology of articles as an output of this workshop.
Prepare position papers on specific issues related to the UID Project
Prepare pamphlets/brochures on issues with the UID Project for public consumption
Prepare counter-advertisements for Aadhaar
Publish existing empirical evidence on the flaws in Aadhaar.
Set up an online portal dedicated to providing updates on the UID Project and allows discussions on specific issues related to Aadhaar.
Use Social Media to reach out to the public. Regularly track and comment on social media pages of relevant departments of the government.
Create groups dedicated to research and advocacy of specific aspects of the UID Project.
Create a Coordination Committee preferably based in Delhi which would be responsible for regularly holding meetings and for preparing a coordinated plan of action. Employ permanent to staff to run the Committee.
Organise an advocacy campaign against use of Aadhaar in collaboration with other organisations and build public domain acceptance.
The campaign must specifically focus on the unfettered scope of UID and expanse, misrepresentation of the success of Aadhaar by highlighting real savings, technological flaws, status of pilot programs and increasing corruption on account of the UID Project
Prepare a statement of public concern regarding the UID Project and collect signatures from eminent persons including academics, technical experts, civil society groups and members of parliament.
Organise events and discussions on issues relating to Aadhaar and invite members og government departments to speak and discuss the issues.
Write to Members of Parliament and Members of Legislative Assemblies raising questions on their or their parties’ support for Aadhaar and silence on the problems created by the UID Project.
Organise public hearings in states like Rajasthan to observe and document ground realities of the UID Project and share these outcomes with the state government and media.
Plan a national social audit and public hearing on the working of UID Project in the country.
File Contempt Petitions in the Supreme Court and High Courts against mandatory use of Aadhaar number for services not allowed by the Supreme Court.
Reach out to and engage with various foreign citizens and organisations that have been fighting on similar issues. The organisations and individuals who could be approached would include EPIC, Electronic Frontier foundation, David Moss, UK, Roger Clarke, Australia, Prof. Ian Angel, Snowden, Assange and Chomsky.
Work towards increasing awareness about the UID Project and gaining support from the student and research community, student organisations, trade unions, and other associations and networks in the unorganised sector.

Annexure A – Workshop Agenda

May 26, 2016

9:00-9:30	Registration
9:30-10:00	Prof. Dinesh Abrol - Welcome Self-introduction and expectations of participants Dr. Usha Ramanathan - Overview of the Workshop
10:00-11:00	Session 1: Current Status of Aadhaar Dr. Usha Ramanathan, Legal Researcher, New Delhi - What the 2016 Law Says, and How it Came into Being S. Prasanna, Advocate, New Delhi - Status and Force of Supreme Court Orders on Aadhaar Discussion
11:00-11:30	Tea Break
11:30-13:30	Session 2: Direct Benefits Transfers Prof. Reetika Khera, Indian Institute of Technology, Delhi - Welfare Needs Aadhaar like a Fish Needs a Bicycle Prof. R. Ramakumar, Tata Institute of Social Sciences, Mumbai - Aadhaar and the Social Sector: A critical analysis of the claims of benefits and inclusion Ashok Rao, Delhi Science Forum - Cash Transfers Study Discussion
13:30-14:30	Lunch
14:30-16:00	Session 3: Aadhaar: Science, Technology, and Security Prof. Subashis Banerjee, Dept of Computer Science & Engineering, IIT, Delhi - Privacy and Security Issues Related to the Aadhaar Act Pukhraj Singh, Former National Cyber Security Manager, Aadhaar, New Delhi - Aadhaar: Security and Surveillance Dimensions Discussion
16:00-16:30	Tea Break
16:30-17:30	Session 4: Aadhaar - International Dimensions Joshita Pai, Center for Communication Governance, National Law University, Delhi - Biometrics and Mandatory IDs in Other Parts of the World Dr. Gopal Krishna, Citizens Forum for Civil Liberties - International Dimensions of Aadhaar Discussion
17:30-18:00	High Tea

May 27, 2016

9:30-11:00	Session 5: Privacy, Surveillance and Ethical Dimensions of Aadhaar Prabir Purkayastha, Free Software Movement of India, New Delhi - Surveillance Capitalism and the Commodification of Personal Data Arjun Jayakumar, SFLC - Surveillance Projects Amalgamated Col Mathew Thomas, Bengaluru - The Deceit of Aadhaar Discussion
11:00-11:30	Tea Break
11:30-13:00	Session 6: Aadhaar - Broad Issues I Prof. G Nagarjuna, Homi Bhabha Center for Science Education, Tata Institute of Fundamental Research, Mumbai - How to prevent linked data in the context of Aadhaar Dr. Anupam Saraph, Pune - Aadhaar and Moneylaundering Discussion
13:00-14:00	Lunch
14:00-15:30	Session 7: Aadhaar - Broad Issues II Prof. MS Sriram, Visiting Faculty, Indian Institute of Management, Bangalore - Financial lnclusion Nikhil Dey, MKSS, Rajasthan - Field witness: Technology on the Ground Prof. Himanshu, Centre for Economic Studies & Planning, JNU - UID Process and Financial Inclusion Discussion
15:30-16:00	Session 8: Conclusion
16:00-18:00	Informal Meetings

Annexure B – Workshop Participants

Anjali Bhardwaj, Satark Nagrik Sangathan

Dr. Anupam Saraph

Arjun Jayakumar, Software Freedom Law Centre

Ashok Rao, Delhi Science Forum

Prof. Chinmayi Arun, National Law University, Delhi

Prof. Dinesh Abrol, Jawaharlal Nehru University

Prof. G Nagarjuna, Homi Bhabha Center for Science Education, Tata Institute of Fundamental Research, Mumbai

Dr. Gopal Krishna, Citizens Forum for Civil Liberties

Prof. Himanshu, Jawaharlal Nehru University

Japreet Grewal, the Centre for Internet and Society

Joshita Pai, National Law University, Delhi

Malini Chakravarty, Centre for Budget and Governance Accountability

Col. Mathew Thomas

Prof. MS Sriram, Indian Institute of Management, Bangalore

Nikhil Dey, Mazdoor Kisan Shakti Sangathan

Prabir Purkayastha, Knowledge Commons and Free Software Movement of India

Pukhraj Singh, Bhujang

Rajiv Mishra, Jawaharlal Nehru University

Prof. R Ramakumar, Tata Institute of Social Sciences, Mumbai

Dr. Reetika Khera, Indian Institute of Technology, Delhi

Dr. Ritajyoti Bandyopadhyay, Indian Institute of Science Education and Research, Mohali

S. Prasanna, Advocate

Sanjay Kumar, Science Journalist

Sharath, Software Freedom Law Centre

Shivangi Narayan, Jawaharlal Nehru University

Prof. Subhashis Banerjee, Indian Institute of Technology, Delhi

Sumandro Chattapadhyay, the Centre for Internet and Society

Dr. Usha Ramanathan, Legal Researcher

Note: This list is only indicative, and not exhaustive.

[1] Civil Appeal No. 4853 of 2014

[2] WP(C) 494/2012

[3] . WP(C) 829/2013

[4] WP(C) 833/2013

[5] WP (C) 37/2015; (Earlier intervened in the Aruna Roy petition in 2013)

[6] WP (C) 932/2015

[7] Transferred from Madras HC 2013.

[8] SLP (Crl) 2524/2014 filed against the order of the Goa Bench of the Bombay HC in CRLWP 10/2014 wherein the High Court had directed UIDAI to share biometric information held by them of all residents of a particular place in Goa to help with a criminal investigation in a case involving charges of rape and sexual assault.

[9] See :http://scroll.in/article/806243/rajasthan-presses-on-with-aadhaar-after-fingerprint-readers-fail-well-buy-iris-scanners

For more details visit https://cis-india.org/internet-governance/blog/report-on-understanding-aadhaar-and-its-new-challenges

Press Release, March 15, 2016: The New Bill Makes Aadhaar Compulsory!

Amber Sinha — 2016-03-16T10:11:32Z

We published and circulated the following press release on March 15, 2016, to highlight the fact that the Section 7 of the Aadhaar Bill, 2016 states that authentication of the person using her/his Aadhaar number can be made mandatory for the purpose of disbursement of government subsidies, benefits, and services; and in case the person does not have an Aadhaar number, s/he will have to apply for Aadhaar enrolment.

Nandan Nilekani, the former chairperson of the Unique Identification Authority of India had repeatedly stated that Aadhaar is not mandatory. However, in the last few years various agencies and departments of the government, both at the central and state level, had made it mandatory in order to be able to avail beneficiary schemes or for the arrangement of salary, provident fund disbursals, promotion, scholarship, opening bank account, marriages and property registrations. In August 2015, the Supreme Court passed an order mandating that the Aadhaar number shall remain optional for welfare schemes, stating that no person should be denied any benefit for reason of not having an Aadhaar number, barring a few specified services.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, however, has not followed this mandate. Section 7 of the Bill states that “a person should be authenticated or give proof of the Aadhaar number to establish his/her identity” “as a condition for receiving subsidy, benefit or service”. Further, it reads, “In the case a person does not have an Aadhaar number, he/she should make an application for enrollment.” The language of the provision is very clear in making enrollment in Aadhaar mandatory, in order to be entitled for welfare services. Section 7 also says that “the person will be offered viable and alternate means of identification for receiving the subsidy, benefit or service. However, these unspecified alternate means will be made available in the event “an Aadhaar number is not assigned”. This language is vague and it is not clear whether it mandates alternate means of identification for those who choose not to apply for an Aadhaar number for any reason. The fact that it does make it mandatory to apply for an Aadhaar number for persons without it, may lead to the presumption that the alternate means are to be made available for those who may have applied for an Aadhaar number but it has not been assigned for any reason. It is also noteworthy that draft legislation is silent on what the “viable and alternate means of identification” could be. There are a number of means of identification, which are recognised by the state, and a schedule with an inclusive list could have gone a long way in reducing the ambiguity in this provision.

Another aspect of Section 7 which is at odds with the Supreme Court order is that it allows making an Aadhaar number mandatory for “for receipt of a subsidy, benefit or service for which the expenditure is incurred” from the Consolidated Fund of India. The Supreme Court had been very specific in articulating that having an Aadhaar number could not be made compulsory except for “any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc. and cooking fuel, such as kerosene” or for the purpose of the LPG scheme. The restriction in the Supreme Court order was with respect to the welfare schemes, however, instead of specifying the schemes, Section 7 specified the source of expenditure from which subsidies, benefits and services can be funded, making the scope much broader. Section 7, in effect, allows the Central Government to circumvent the Supreme Court order if they choose to tie more subsidies, benefits and services to the Consolidated Fund of India.

These provisions run counter to the repeated claims of the government for the last six years that Aadhaar is not compulsory, nor is the specification by the Supreme Court for restricting use of Aadhaar to a few services only, reflected anywhere in the Bill. The “viable and alternate means” clause is too vague and inadequate to prevent denial of benefits to those without an Aadhaar number. The sum effect of these factors is to give the Central Government powers to make Aadhaar mandatory, for all practical purposes.

For more details visit https://cis-india.org/internet-governance/blog/press-release-aadhaar-15032016-the-new-bill-makes-aadhaar-compulsory

Press Release, March 11, 2016: The Law cannot Fix what Technology has Broken!

Japreet Grewal and Sunil Abraham — 2016-03-16T10:10:40Z

We published and circulated the following press release on March 11, 2016, as the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. This Bill was proposed by finance minister, Mr. Arun Jaitley to give legislative backing to Aadhaar, being implemented by the Unique Identification Authority of India (UIDAI).

The Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 today. This Bill was proposed by finance minister, Mr. Arun Jaitley to give legislative backing to Aadhaar, being implemented by the Unique Identification Authority of India (UIDAI).

The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. The Bill has made it compulsory for an individual to enrol under Aadhaar in order to receive any subsidy, benefit or service from the Government. Biometric information that is required for the purpose of enrolment has been deemed "sensitive personal information" and restrictions have been imposed on use, disclosure and sharing of such information for purposes other than authentication, disclosure made pursuant to a court order or in the interest of national security. Here, the Bill has acknowledged the standards of protection of sensitive personal information established under Section 43A of the Information Technology Act, 2000. The Bill has also laid down several penal provisions for acts that include impersonation at the time of enrolment, unauthorised access to the Central Identities Data Repository, unauthorised use by requesting entity, noncompliance with intimation requirements, etc.

Key Issues

1. Identification without Consent

Before the Aadhaar project it was not possible for the Indian government to identify citizens without their consent. But once the government has created a national centralized biometric database it will be possible for the government to identify any citizen without their consent. Hi-resolution photography and videography make it trivial for governments and also any other actor to harvest biometrics remotely. In other words, the technology makes consent irrelevant. A German ministers fingerprints were captured by hackers as she spoke using hand gesture at at conference. In a similar manner the government can now identify us both as individuals and also as groups without requiring our cooperation. This has direct implications for the right to privacy as we will be under constant government surveillance in the future as CCTV camera resolutions improve and there will be chilling effects on the right to free speech and the freedom of association. The only way to fix this is to change the technology configuration and architecture of the project. The law cannot be used as band-aid on really badly designed technology.

2. Fallible Technology

The technology used for collection and authentication as been said to be fallible. It is understood that the technology has been feasible for a population of 200 million. The Biometrics Standards Committee of UIDAI has acknowledged the lack of data on how a biometric authentication technology will scale up where the population is about 1.2 billion. Further, a report by 4G Identity Solutions estimates that while in any population, approximately 5% of the people have unreadable fingerprints, in India it could lead to a failure to enroll up to 15% of the population.

We know that the Aadhaar number has been issued to dogs, trees (with the Aadhaar letter containing the photo of a tree). There have been slip-ups in the Aadhaar card enrolment process, some cards have ended up with pictures of an empty chair, a tree or a dog instead of the actual applicants. An RTI application has revealed that the Unique Identification Authority of India (UIDAI) has identified more than 25,000 duplicate Aadhaar numbers in the country till August 2015.

At the stage of authentication, the accuracy of biometric identification depends on the chance of a false positiveâ€” the probability that the identifiers of two persons will match. For the current population of 1.2 billion the expected proportion of duplicates is 1/121, a ratio which is far too high. In a recent paper in EPW by Hans Mathews, a mathematician with CIS, shows that as per UIDAI's own statistics on failure rates, the programme would badly fail to uniquely identify individuals in India. [1]

Endnote

[1] See: http://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process

For more details visit https://cis-india.org/internet-governance/blog/press-release-aadhaar-11032016-the-law-cannot-fix-what-technology-has-broken

Pratap Vikram Singh - Why Aadhaar is Baseless?

praskrishna — 2016-04-02T05:31:30Z

This article by Pratap Vikram Singh, Governance Now, discusses the problems emerging out of the UIDAI project due to its lack of mechanisms for informed and granular consent, and for seeking recourse in the case of denial of service. The article quotes Sumandro Chattapadhyay and mentions Hans Varghese Mathew's work on the biometric basis of UIDAI. It was written before the Aadhaar bill was passed in Lok Sabha.

Cross-posted from Governance Now.

It was no less than a roller-coaster ride for Aadhaar, a programme formulated by the UPA government to assign a 12-digit unique number to every Indian resident. From the time it came into being in 2009, Aadhaar drew a volley of criticism, thanks to the misgivings and apprehensions that various critics and civil society organisations had. It was criticised for lack of a clear purpose, degree of effectiveness and absence of a privacy law and was virtually thrown into the bin by a parliamentary panel headed by BJP’s Yashwant Sinha in December 2011.

When the finance minister Arun Jaitley, in his budget speech, announced that the government would introduce the Aadhaar bill during the budget session, expectations were already set high. The bill, giving statutory backing to the unique identification authority of India (UIDAI), the implementing authority, was passed by the Lok Sabha on March 11. While the privacy and voluntary versus mandatory provisions are under the consideration of the supreme court, the bill makes way for linking Aadhaar with all government subsidies, benefits and services. The law on Aadhaar, former UIIDAI chairman Nandan Nilekani wrote in the Indian Express, will help the government in going paperless, presence-less and cashless. The legislation, however, fails to deliver on several counts.

However, prior to evaluating the bill (yet to be passed by the Rajya Sabha at the time of this writing though it is a money bill), let us take a look at its major aspects. For those, who always wondered whether Aadhaar is mandatory or voluntary, the bill 2016 makes it mandatory to avail subsidy, benefit or a service from the government.

The bill has provisions related to information security and confidentiality (section 28) which not only extend to employees of the UIDAI but also consultants and external agencies working with the authority.

The proposed law restricts information sharing. It bars UIDAI from sharing core biometric information – the bill defines it as fingerprints and iris scan – with “anyone for any reason whatsoever” or “used for any purpose other than generation of Aadhaar numbers and authentication under this Act”. The section 32 of the bill entitles Aadhaar number holders to access her or his authentication record. It also bars the authority from collecting, keeping or maintaining information about the purpose of authentication.

Odd Drives the Bill

While the intent is clear and is aimed at streamlining welfare schemes to ensure it reaches the bottom of the pyramid, cutting through the long chain of pilferage and subversion, the bill, however, has several shortcomings. To begin with, the government should not have taken the money bill route to pass the legislation – tactfully avoiding any conclusive discussion and debate in the Rajya Sabha, where it is in minority.

The bill assumes that the technology and the biometric system used by the UIDAI are flawless and it doesn’t provide any recourse in case of denial of a service. “If your fingerprint is not matching and you lose out on service, then what is the alternative mechanism you have,” asks Sumandro Chattapadhyay, research director, centre for internet and society (CIS). The bill doesn’t provide for recourse. “What if the scanning machine fails? What if the identifiers of two people match?”

Based on experiments conducted in the initial days of the Aadhaar programme, Hans Verghese Mathews, another CIS researcher, did a study on the probability of matching of identifiers of two persons. “For the current population of 1.2 billion the expected proportion of duplicands (users whose identifiers match) is 1/121, a ratio which is far too high,” Mathews wrote in the Economic and Political Weekly in February.

“It is like putting the technology in a black box – which can’t be reviewed,” says Chattapadhyay. The bill doesn’t talk about setting up an independent body to review the logs and keep an eye on wrong and duplicate matches.

Who Defines National Security?

According to public policy experts, it is an attempt to seek “minimal legitimacy” from parliament and further adds to the unbridled power of the executive.

Although the bill restricts information sharing in section 29, sections 33 and 48 provide exemption in cases of national security and public emergency, respectively. The legislation, nevertheless, doesn’t elaborate on what constitutes national security and public emergency, leaving it to the executives. The section 33 reads: “Nothing contained in… shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security….”

Similarly, section 48 states that if, at any time, the central government is of the opinion that a public emergency exists, “the central government may, by notification, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this Act”.

Says Jayati Ghosh, professor, centre for economic studies and planning, Jawaharlal Nehru University, “National security is a very opaque term. Who decides what national security is? Today, the whole JNU is being projected as a threat to national security.” Swagato Sarkar, associate professor and executive director, Jindal school of government and public policy, OP Jindal Global University, says, “The bill has provisions for oversight on the use of Aadhaar, but then it suspends those provisions in case of emergency in the later sections, giving the state the power to use biometric information for whatever it deems fit.”

Sarkar adds, “It seems the bill is simply an instrument for seeking minimum legitimacy from parliament. The bill tries to address the concern of privacy minimally and it hardly serves any purpose.” He believes that there is a need to define the broader contours of democratic control of the state and reassess the changing state-citizen relationship, instead of rejecting the whole idea on the basis of surveillance and privacy. In other words, there is a need for strong parliamentary oversight, and that the Aadhaar related matters shouldn’t be completely delegated to the executive.

In its recommendations on formulating Privacy Act, the justice AP Shah committee in 2012 provided for establishing the office of privacy commissioner at the regional and central levels, defining the role of self-regulating organisations and co-regulation, and creating a system of complaints and redressal for aggrieved individuals. Since the country still doesn’t have any legislation on privacy, people are left on their own in case of an infringement or violation of privacy. Moreover, section 47 states, “No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the Authority or any officer or person authorised by it.”

In its report, the parliamentary committee headed by Yashwant Sinha notes that “enactment of national data protection law… is a prerequisite for any law that deals with large scale collection of information from individuals and its linkages across separate databases”. The committee notes that in absence of data protection legislation, it would be difficult to deal with issues of access, misuse of personal information, surveillance, profiling, linking and matching of databases and securing confidentiality of information.

Subsidy-Aadhaar Linkage

The Sinha committee also takes a cautious view of the role of Aadhaar in curbing leakages in subsidy distribution, as beneficiary identification is done by states. It notes, “Even if the Aadhaar number links entitlements to targeted beneficiaries, it may not even ensure that beneficiaries have been correctly identified. Thus, the present problem of proper identification would persist.”

According to Ghosh, the biggest danger in using Aadhaar for social welfare programmes is that the fingerprints of the rural working class is not always in good shape and hence Aadhaar will not be the best way of identification. “If I am misidentified, I can go to so many places for recourse. But what if a labourer in a remote Jharkhand village is misidentified? Where and whether he would go?” the economist asks. Besides, the bill doesn’t limit the use of Aadhaar and defines areas where it can be used. Section 57 says that the law will not prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, “whether by the state or anybody corporate or person, pursuant to any law, for the time being in force or any contract to this effect.”

According to a PRS Legislative review, since the bill also allows private persons to use Aadhaar as a proof of identity for any purpose, the provision will open a floodgate and enable private entities such as airlines, telecom, insurance and real estate companies to mandate Aadhaar as a proof of identity for availing their services.

Since the bill doesn’t restrict its application, people will not have a choice to identify themselves other than using Aadhaar when corporate organisations make it mandatory, says Chattapadhyay of the CIS. Adds Sarkar, “The bill should clearly mention sectors or services where Aadhaar will be potentially used (or made mandatory). Every time a new sector or service is added to the list, it is done after parliamentary approval.”

So far, 98 crore people have been assigned Aadhaar number. So far the project has costed Rs 8,000 crore.

For more details visit https://cis-india.org/internet-governance/news/gov-now-pratap-vikram-singh-17032016-why-aadhaar-is-baseless

List of Recommendations on the Aadhaar Bill, 2016 - Letter Submitted to the Members of Parliament

Amber Sinha, Sumandro Chattapadhyay, Sunil Abraham, and Vanya Rakesh — 2016-03-21T08:50:09Z

On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. Based on these concerns, and numerous others, we submitted an initial list of recommendations to the Members of Parliaments to highlight the aspects of the Bill that require immediate attention.

Download the submission letter: PDF.

Text of the Submission

On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. The Bill has made it compulsory for all Indian to enroll for Aadhaar in order to receive any subsidy, benefit, or service from the Government whose expenditure is incurred from the Consolidate Fund of India. Apart from the issue of centralisation of the national biometric database leading to a deep national vulnerability, the Bill also keeps unaddressed two serious concerns regarding the technological framework concerned:

Identification without Consent: Before the Aadhaar project it was not possible for the Indian government or any private entity to identify citizens (and all residents) without their consent. But biometrics allow for non-consensual and covert identification and authentication. The only way to fix this is to change the technology configuration and architecture of the project. The law cannot be used to correct the problems in the technological design of the project.
Fallible Technology: The Biometrics Standards Committee of UIDAI has acknowledged the lack of data on how a biometric authentication technology will scale up where the population is about 1.2 billion. The technology has been tested and found feasible only for a population of 200 million. Further, a report by 4G Identity Solutions estimates that while in any population, approximately 5% of the people have unreadable fingerprints, in India it could lead to a failure to enroll up to 15% of the population. For the current Indian population of 1.2 billion the expected proportion of duplicates is 1/121, a ratio which is far too high. [1]

Based on these concerns, and numerous others, we sincerely request you to ensure that the Bill is rigorously discussed in Rajya Sabha, in public, and, if needed, also by a Parliamentary Standing Committee, before considering its approval and implementation. Towards this, we humbly submit an initial list of recommendations to highlight the aspects of the Bill that require immediate attention:

Implement the Recommendations of the Shah and Sinha Committees: The report by the Group of Experts on Privacy chaired by the Former Chief Justice A P Shah [2] and the report by the Parliamentary Standing Committee on Finance (2011-2012) chaired by Shri Yashwant Sinha [3] have suggested a rigorous and extensive range of recommendations on the Aadhaar / UIDAI / NIAI project and the National Identification Authority of India Bill, 2010 from which the majority sections of the Aadhaar Bill, 2016, are drawn. We request that these recommendations are seriously considered and incorporated into the Aadhaar Bill, 2016.
Authentication using the Aadhaar number for receiving government subsidies, benefits, and services cannot be made mandatory: Section 7 of the Aadhaar Bill, 2016, states that authentication of the person using her/his Aadhaar number can be made mandatory for the purpose of disbursement of government subsidies, benefits, and services; and in case the person does not have an Aadhaar number, s/he will have to apply for Aadhaar enrolment. This sharply contradicts the claims made by UIDAI earlier that the Aadhaar number is “optional, and not mandatory”, and more importantly the directive given by the Supreme Court (via order dated August 11, 2015). The Bill must explicitly state that the Aadhaar number is only optional, and not mandatory, and a person without an Aadhaar number cannot be denied any democratic rights, and public subsidies, benefits, and services, and any private services.
Vulnerabilities in the Enrolment Process: The Bill does not address already documented issues in the enrolment process. In the absence of an exhaustive list of information to be collected, some Registrars are permitted to collect extra and unnecessary information. Also, storage of data for elongated periods with Enrollment agencies creates security risks. These vulnerabilities need to be prevented through specific provisions. It should also be mandated for all entities including the Enrolment Agencies, Registrars, CIDR and the requesting entities to shift to secure system like PKI based cryptography to ensure secure method of data transfer.
Precisely Define and Provide Legal Framework for Collection and Sharing of Biometric Data of Citizens: The Bill defines “biometric information” is defined to include within its scope “photograph, fingerprint, iris scan, or other such biological attributes of an individual.” This definition gives broad and sweeping discretionary power to the UIDAI / Central Government to increase the scope of the term. The definition should be exhaustive in its scope so that a legislative act is required to modify it in any way.
Prohibit Central Storage of Biometrics Data: The presence of central storage of sensitive personal information of all residents in one place creates a grave security risk. Even with the most enhanced security measures in place, the quantum of damage in case of a breach is extremely high. Therefore, storage of biometrics must be allowed only on the smart cards that are issued to the residents.
Chain of Trust Model and Audit Trail: As one of the objects of the legislation is to provide targeted services to beneficiaries and reduce corruption, there should be more accountability measures in place. A chain of trust model must be incorporated in the process of enrolment where individuals and organisations vouch for individuals so that when a ghost is introduced someone has can be held accountable blame is not placed simply on the technology. This is especially important in light of the questions already raised about the deduplication technology. Further, there should be a transparent audit trail made available that allows public access to use of Aadhaar for combating corruption in the supply chain.
Rights of Residents: There should be specific provisions dealing with cases where an individual is not issued an Aadhaar number or denied access to benefits due to any other factor. Additionally, the Bill should make provisions for residents to access and correct information collected from them, to be notified of data breaches and legal access to information by the Government or its agencies, as matter of right. Further, along with the obligations in Section 8, it should also be mandatory for all requesting entities to notify the individuals of any changes in privacy policy, and providing a mechanism to opt-out.
Establish Appropriate Oversight Mechanisms: Section 33 currently specifies a procedure for oversight by a committee, however, there are no substantive provisions laid down that shall act as the guiding principles for such oversight mechanisms. The provision should include data minimisation, and “necessity and proportionality” principles as guiding principles for any exceptions to Section 29.
Establish Grievance Redressal and Review Mechanisms: Currently, there are no grievance redressal mechanism created under the Bill. The power to set up such a mechanism is delegated to the UIDAI under Section 23 (2) (s) of the Bill. However, making the entity administering a project, also responsible for providing for the frameworks to address the grievances arising from the project, severely compromises the independence of the grievance redressal body. An independent national grievance redressal body with state and district level bodies under it, should be set up. Further, the NIAI Bill, 2010, provided for establishing an Identity Review Committee to monitor the usage pattern of Aadhaar numbers. This has been removed in the Aadhaar Bill 2016, and must be restored.

Endnotes

[1] See: http://cis-india.org/internet-governance/blog/Flaws_in_the_UIDAI_Process_0.pdf.

[2] See: http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf.

[3] See: http://164.100.47.134/lsscommittee/Finance/15_Finance_42.pdf.

For more details visit https://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016

It’s the technology, stupid

sunil — 2017-04-07T12:53:21Z

Eleven reasons why the Aadhaar is not just non-smart but also insecure.

The article was published in Hindu Businessline on March 31, 2017.

Aadhaar is insecure because it is based on biometrics. Biometrics is surveillance technology, a necessity for any State. However, surveillance is much like salt in cooking: essential in tiny quantities, but counterproductive even if slightly in excess. Biometrics should be used for targeted surveillance, but this technology should not be used in e-governance for the following reasons:

One, biometrics is becoming a remote technology. High-resolution cameras allow malicious actors to steal fingerprints and iris images from unsuspecting people. In a couple of years, governments will be able to identify citizens more accurately in a crowd with iris recognition than the current generation of facial recognition technology.

Two, biometrics is covert technology. Thanks to sophisticated remote sensors, biometrics can be harvested without the knowledge of the citizen. This increases effectiveness from a surveillance perspective, but diminishes it from an e-governance perspective.

Three, biometrics is non-consensual technology. There is a big difference between the State identifying citizens and citizens identifying themselves to the state. With biometrics, the State can identify citizens without seeking their consent. With a smart card, the citizen has to allow the State to identify them. Once you discard your smart card the State cannot easily identify you, but you cannot discard your biometrics.

Four, biometrics is very similar to symmetric cryptography. Modern cryptography is asymmetric. Where there is both a public and a private key, the user always has the private key, which is never in transit and, therefore, intermediaries cannot intercept it. Biometrics, on the other hand, needs to be secured during transit. The UIDAI’s (Unique Identification Authority of India overseeing the rollout of Aadhaar) current fix for its erroneous choice of technology is the use of “registered devices”; but, unfortunately, the encryption is only at the software layer and cannot prevent hardware interception.

Five, biometrics requires a centralised network; in contrast, cryptography for smart cards does not require a centralised store for all private keys. All centralised stores are honey pots — targeted by criminals, foreign States and terrorists.

Six, biometrics is irrevocable. Once compromised, it cannot be secured again. Smart cards are based on asymmetric cryptography, which even the UIDAI uses to secure its servers from attacks. If cryptography is good for the State, then surely it is good for the citizen too.

Seven, biometrics is based on probability. Cryptography in smart cards, on the other hand, allows for exact matching. Every biometric device comes with ratios for false positives and false negatives. These ratios are determined in near-perfect lab conditions. Going by press reports and even UIDAI’s claims, the field reality is unsurprisingly different from the lab. Imagine going to an ATM and not being sure if your debit card will match your bank’s records.

Eight, biometric technology is proprietary and opaque. You cannot independently audit the proprietary technology used by the UIDAI for effectiveness and security. On the other hand, open smart card standards like SCOSTA (Smart Card Operating System for Transport Applications) are based on globally accepted cryptographic standards and allow researchers, scientists and mathematicians to independently confirm the claims of the government.

Nine, biometrics is cheap and easy to defeat. Any Indian citizen, even children, can make gummy fingers at home using Fevicol and wax. You can buy fingerprint lifting kits from a toystore. To clone a smart card, on the other hand, you need a skimmer, a printer and knowledge of cryptography.

Ten, biometrics undermines human dignity. In many media photographs — even on the @UIDAI’s Twitter stream — you can see the biometric device operator pressing the applicant’s fingers, especially in the case of underprivileged citizens, against the reader. Imagine service providers — say, a shopkeeper or a restaurant waiter — having to touch you every time you want to pay. Smart cards offer a more dignified user experience.

Eleven, biometrics enables the shirking of responsibility, while cryptography requires a chain of trust.

Each legitimate transaction has repudiable signatures of all parties responsible. With biometrics, the buck will be passed to an inscrutable black box every time things go wrong. The citizens or courts will have nobody to hold to account.

The precursor to Aadhaar was called MNIC (Multipurpose National Identification Card). Initiated by the NDA government headed by Atal Bihari Vajpayee, it was based on the open SCOSTA standard. This was the correct technological choice.

Unfortunately, the promoters of Aadhaar chose biometrics in their belief that newer, costlier and complex technology is superior to an older, cheaper and simpler alternative.

This erroneous technological choice is not a glitch or teething problem that can be dealt with legislative fixes such as an improved Aadhaar Act or an omnibus Privacy Act. It can only be fixed by destroying the centralised biometric database, like the UK did, and shifting to smart cards.

In other words, you cannot fix using the law what you have broken using technology.

For more details visit https://cis-india.org/internet-governance/blog/the-hindu-businessline-march-31-2017-sunil-abraham-its-the-technology-stupid

Is Your Aadhar Biometrics Safe? Firms Accused Of Storing Biometrics And Using Them Illegally

praskrishna — 2017-02-27T01:56:28Z

Fears of Aadhar biometric security have been compounded as the government is sprinting towards the next phase of ‘cashless India’ and digitization

Pranesh Prakash and Sunil Abraham have been quoted in this article published by Outlook on February 24, 2017.

The biggest fear regarding misuse of Aadhar biometrics and security loopholes are becoming real.

Three firms are being probed for attempting unauthorised authentication and impersonation by using stored Aadhaar biometrics, reported The Times of India.

The paper reported that the Unique Identification Authority of India (UIDAI) has lodged a criminal complaint with the cyber cell of Delhi Police, saying it is a clear violation of the law.

“The firms are Axis Bank, Suvidhaa Infoserve and eMudhra. They have been served a “notice for action“ under Aadhaar regulations”.

The firms have been accused of storing biometrics and using them illegally.

The fears of biometric security have been compounded as the government is sprinting towards the next phase of ‘cashless India’ and digitization. They are preparing to launch Aadhaar Pay, an initiative that will supersede the need to use credit cards, debit cards, smartphones and PINs to make payments or transfer money.

The proposed system of payments will use a person’s biometric data and fingerprints to make payments through Aadhaar-linked bank accounts.

Outlook’s Senior Associate Editor Arindam Mukherjee had in a clairvoyant article for the magazine raised the fears of biometrics being manipulated.

In the article, critics of Aadhaar and Aadhaar-based services raised the issue of privacy and security of biometric and personal data.

Pranesh Prakash, policy director with the Centre for Internet and Society (CIS), recently tweeted, “As long as Aadhar-Enabled Payment Services encourages biometric authorisation of transactions, it is bound to be a security nightmare, with widespread fraud.” Would you tell a shopkeeper your debit card’s PIN? No. Then why share your fingerprint? A fingerprint, in this system, becomes a kind of unchangeable Aadhaar Enabled Payment System PIN, he asks.

Pointing out a possible danger, Usha Ramanathan, an independent law researcher who has been following Aadhaar since its inception, says, “In many payments, biometric data is authenticated and then it remains in the system where there are leakages. Intermediaries then have access to the data, which is thus made insecure.”

According to the UIDAI, however, once biometric data is provided by the consumer while making Aadhaar-based payments, it gets encrypted and a merchant doesn’t get access to that data. The Aadhaar Act also prohibits any storing of biometric data in local devices.

And yet, there are many like CIS executive director Sunil Abraham who believe it is a mistake to use biometrics for authentication, especially when payments are concerned.

“Our concern with Aadhaar Pay is about the biometric component of the project,” says Abraham. “Biometrics is an identification technology. Unfortunately, it is being presented as an authentication technology. It is not a secure authentication technology as biometric data can be stolen easily. It is also irrevocable; once biometric data is stolen, it cannot be re-issued like a smart card.”

Then there is the problem of availability of fingerprints. In the case of many people from rural areas and the working class, fingerprints get affected due to the manual nature of their work. This makes it difficult for this target group of UIDAI to conduct transactions properly through Aadhaar Pay. “In Rajasthan, 30 per cent of the households are not even able to procure ration using fingerprints,” says Ramanathan.

For more details visit https://cis-india.org/internet-governance/news/outlook-february-24-2017-is-your-aadhar-biometrics-safe-firms-accused-of-storing-biometrics-and-using-them-illegally

India’s Supreme Court hears challenge to biometric authentication system

praskrishna — 2017-05-20T06:44:02Z

Two lawsuits being heard this week before India’s Supreme Court question a requirement imposed by the government that individuals should quote a biometrics-based authentication number when filing their tax returns.

The post by John Riberio, IDG News Service was mirrored by IT World on May 3, 2017.

Civil rights groups have opposed the Aadhaar biometric system, which is based on centralized records of all ten fingerprints and iris scans, as their extensive use allegedly encroach on the privacy rights of Indians. “Aadhaar is surveillance technology masquerading as secure authentication technology,” said Sunil Abraham, executive director of Bangalore-based research organization, the Centre for Internet and Society.

The Indian government has in the meantime extended the use of Aadhaar, originally meant to identify beneficiaries of state schemes for the poor, to other areas such as filing of taxes, distribution of meals to school children and payment systems.

Hearings on the writ petitions, challenging the amendment to the Income Tax Act, are going on in Delhi before a Supreme Court bench consisting of Justices A.K. Sikri and Ashok Bhushan.

Tax payers are required to have the Aadhaar number in addition to their permanent account number (PAN), which they have previously used to file their tax returns. Their failure to produce the Aadhaar number would lead to invalidation of the PAN number, affecting people who are already required to quote this number for other transactions such as buying cars or opening bank accounts.

The stakes in this dispute are high. The petitioners have argued for Aadhaar being voluntary and question the manner in which the new amendment to the tax law has been introduced. The government has said both in court and in other public forums that it needs a reliable and mandatory biometric system to get around the issue of fake PAN numbers.

The lawyer for one of the plaintiffs, Shyam Divan, has argued for the individual’s absolute ownership of her body, citing Article 21 of the Indian Constitution, which protects a person from being “deprived of his life or personal liberty except according to procedure established by law.” The government has countered by saying that citizens do not have absolute rights over their bodies, citing the law against an individual committing suicide as an example.

The Supreme Court in another lawsuit looking into privacy issues and the constitutionality of the Aadhaar scheme had ruled in an interim order in 2015 that the biometric program had to be voluntary and could not be used to deprive the poor of benefits.

"The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen," the top court ruled.

The government holds that the Aadhaar Act, passed in Parliament last year, provides the legal backing for making the biometric identification compulsory.

The current lawsuits against Aadhaar have not been argued on grounds of privacy, reportedly because the court would not allow this line of argument, which is already being heard in the other case. The Supreme Court has made current petitioners “fight this battle with one arm tied behind their backs!,” wrote lawyer Gautam Bhatia in a blog post Wednesday.

For more details visit https://cis-india.org/internet-governance/news/idg-news-service-john-riberio-may-3-2017-indias-supreme-court-hears-challenge-to-biometric-authentication-system

India’s National ID Program May Be Turning The Country Into A Surveillance State

praskrishna — 2017-04-07T12:49:30Z

For seven years, India’s government has been scanning the irises and fingerprints of its citizens into a massive database. The once voluntary program was intended to fix the country’s corrupt welfare schemes, but critics worry about its Orwellian overtones.

The blog post by Pranav Dixit was published by BuzzFeedNews on April 4, 2017. Sunil Abraham was quoted.

An abridged version of the blog post containing Sunil Abraham's quotes are reproduced below:

“You can’t change your fingerprints”

Sunil Abraham, the CIS director, calls himself a “technological critic” of the Aadhaar platform. For years, he’s been warning of the security risks associated with a centralized repository of the demographic and biometric details of a billion or so people.

“Aadhaar is a sitting duck,” Abraham told BuzzFeed News. That’s not an unreasonable assessment considering that India’s track record for protecting people’s private data is far from stellar. Earlier this year, for example, a security researcher discovered a website that was leaking the Aadhaar demographic data of more than 500,000 minors. The website was subsequently shut down, but the incident raised questions about Aadhaar’s security protocols — particularly those around data shared with third parties.

Abraham’s concerns are not without global precedent. In 2012, Ecuadorian police jailed blogger Paul Moreno for breaking into the country’s online national identity database and registering himself as Ecuadorian President Rafael Correa. In April 2016, hackers posted a database containing names, national IDs, addresses, and birth dates of more than 50 million Turkish citizens, including Turkish President Recep Tayyip Erdogan; later that month, Mexico’s entire voter database — over 87 million national IDs, addresses, and more — was leaked onto Amazon’s cloud servers by as-yet-untraced sources; and in the Philippines, more than 55 million voters had their private information — including fingerprints — released on the Dark Web.

“When this database is hacked — and it will be — it will be because someone breaches the computer security that protects the computers actually using the data.”

“What is the price that we pay as a nation if our database of over a billion people — complete with all 10 fingerprints and iris scans — leaks?” Abraham asked. The consequences, he said, will be permanent. Unlike a password, which you can reset at any time, your biometrics, if compromised, are the ultimate privacy breach. “You can’t change your fingerprints.”

The UIDAI claims that the Aadhaar database is protected using the “highest available public key cryptography encryption (PKI-2048 and AES-256)” and would take “billions of years” to crack.

“Encryption like this doesn’t typically get broken, it gets circumvented,” security researcher Troy Hunt told BuzzFeed News. “For example, the web application that sits in front of it is compromised and data is retrieved after decryption.” Or alternatively, he said, the encryption key itself is compromised. “Naturally, governments will offer all sorts of assurances on these things, but the simple, immutable fact is that once large volumes are centralized like this, there is a heightened risk of security incidents and of the data consequently being lost or exposed,” he added.

Cryptographer and cybersecurity expert Bruce Schneier echoed Hunt’s assessment. “When this database is hacked — and it will be — it will be because someone breaches the computer security that protects the computers actually using the data,” he said. “They will go around the encryption.”

Nilekani — who did not respond to BuzzFeed News’ requests for comment — recently dismissed concerns around the project’s privacy implications as “hand-waving.” In an interview with the Economic Times, he repeatedly stressed how secure Aadhaar’s “advanced encryption technology” was. “I can categorically say that it’s the most secure system in India and among the most secure systems in the world,” he said.

Abraham is unconvinced by such assurances. He believes Aadhaar fundamentally changes the equation between a citizen and a state. “There’s a big difference between you identifying yourself to the government, and the government identifying who you are,” he said.

Aadhaar’s opponents say the program’s implementation has left India’s poorest people with no choice but to use it. “If you link people’s food subsidies, wages, bank accounts, and other crucial things to Aadhaar, you hit them where it hurts the most,” Ramanathan argued. “You leave them with no choice but to sign up.”

“Can you imagine if the United States passed a law that said that every person who wished to get food stamps would need their fingerprints registered in a government-owned database?” a journalist turned Aadhaar activist who did not wished to be named told BuzzFeed News. “Imagine what a scandal that would be.”

For Nilekani, such criticism is just overstatement and drama. “I think this so-called anti-Aadhaar lobby is really just a small bunch of liberal elites who are in some echo chamber,” he said during a recent interview with Indian business news channel ET Now. “The reality is that a billion people are using Aadhaar. A lot of the accusations are just delusional. Aadhaar is not a system for surveillance. [The critics] live in a bubble and are not connected to reality.”

Abraham laughed off Nilekani’s comments. “The Unique Identification Authority of India will become the monopoly provider of identification and authentication services in India,” he said. “That sounds like a centrally planned communist state to me. I don’t know which left liberal elites he’s talking about.”

For more details visit https://cis-india.org/internet-governance/news/buzzfeednews-pranav-dixit-april-4-2017-indias-national-id-program-may-be-turning-the-country-into-a-surveillance-state

India’s Digital ID Rollout Collides With Rickety Reality

praskrishna — 2017-01-17T15:35:04Z

India’s new digital identification system, years in the making and now being put into widespread use, has yet to deliver the new era of modern efficiency it promised for shop owner Om Prakash and customer Daya Chand.

The article by Gabriele Parussini was published in the Wall Street Journal on January 13, 2017. Hans Varghese Mathews was quoted.

At first, it drove both men up a tree.

The system, which relies on fingerprints and eye scans to eventually provide IDs to all 1.25 billion Indians, is also expected to improve the distribution of state food and fuel rations and eventually facilitate daily needs such as banking and buying train tickets.

But Mr. Prakash couldn’t confirm his customers’ identities until he dragged them to a Java plum tree in a corner of his village near New Delhi’s international airport. That was the only place to get the phone signal needed to tap into the government database.

“I hopped on a chair and put my finger in the machine,” said Mr. Chand, a 60-year-old taxi driver. Getting his state food ration “used to be much easier,” he said.

In a system so vast, even small glitches can leave millions of people empty-handed.

The government began building the system, called Aadhaar, or “foundation,” with great fanfare in 2009, led by a team of pioneering technology entrepreneurs. Since then, almost 90% of India’s population has been enrolled in what is now the world’s largest biometric data set.

Prime Minister Narendra Modi, who set aside early skepticism about the Aadhaar project after taking power in 2014, is betting that it can help India address critical problems such as poverty and corruption, while also saving money for the government.

But the technology is colliding with the rickety reality of India, where many people live off the grid or have fingerprints compromised by manual labor or age.

Panna Singh, a 55-year-old day laborer in the northwestern state of Rajasthan who breaks stones used to build walls, says the machine recognized his scuffed-up fingerprints only a couple of times.

“I’ve come twice today,” he said at a ration shop in the village of Devdungri. “That’s a full day of work, gone.”

Iris scans are meant to resolve situations where fingerprints don’t work, but shops don’t yet have iris scanners.

Ajay Bhushan Pandey, chief executive of the government agency that oversees Aadhaar, said kinks will be ironed out as the system is used, as is the case with software rollouts. It works 92% of the time, and that will rise to 95%, he said.

“On the scale of what [Aadhaar] has achieved, the rollout has been remarkably smooth,” said Nandan Nilekani, the Infosys co-founder who spearheaded the project. “I don’t see any issues that are disproportionate to the size of project.”

An Aadhaar ID is intended to be a great convenience, replacing the multitude of paperwork required by banks, merchants and government agencies. The benefits are only just beginning, backers say, as the biometric IDs are linked to programs and services.

But in rural areas, home to hundreds of millions of impoverished Indians dependent on subsidies, the impact of technical disruptions has already been evident.

After walking for two hours across rough underbrush in Rajasthan to get kerosene for the month, Hanja Devi left empty-handed because the machine couldn’t match her fingerprint with her Aadhaar number.

“It’s always so difficult” using the system, said Ms. Devi, who lives with her husband and a nephew on 1,500 rupees ($22) a month.

Ranjit Singh, who operates the shop, said five of the 37 customers before Ms. Devi also left the shop empty-handed, a failure rate of over 15%.

A shop manager in a neighboring village said identification had failed for a similar portion of his 500 customers.

Any biometric recognition system of Aadhaar’s size is bound to show duplicates, meaning some people’s biometric identifiers will match someone else’s when they try to enroll.The new system hasn’t eliminated attempts at fraud. In August, police in Rajasthan accused two shop managers of linking their fingerprints to a multitude of cards and stealing for months the rations of dozens of clients.

Hans Varghese Mathews, a mathematician at the Bangalore-based Center for Internet and Society, used the results of a test run by Aadhaar officials on a sample of 84 million people to extrapolate the figure for India’s total population. The error level is less than 1%, but in the world’s second-most populous country, the snag would still affect about 11 million people, he said.

Government officials disputed the calculation, saying the number of duplicates would be much smaller—and that it would take only seven analysts to manage the error caseload.

As for trouble connecting to the registry, better infrastructure, including steadier internet connections, will eventually also help, Mr. Pandey said.

For now, Mr. Prakash has found a way to cope without climbing trees. After scouring the village, he set up a shack in a spot with enough bandwidth for his fingerprint scanner to work. It is hardly efficient. He issues receipts in the morning at the shack, then goes back to his shop to hand out the grains. Customers have to line up twice, sometimes for hours.

Mr. Prakash has applied to the government to operate without biometric identification, but his request was turned down, he said. “They said: ‘You have to keep trying.’ ”

For more details visit https://cis-india.org/internet-governance/news/wall-street-journal-gabriele-parussini-january-13-2017-indias-digital-id-rollout-collides-with-rickety-reality

India’s biometric ID scans make sci-fi a reality

praskrishna — 2017-03-28T02:45:28Z

I have been thinking about my fingerprints and the secrets that may lie within my eyes — and whether I want to share them with the Indian government. I may not however have a choice.

The article by Amy Kazmin was published in the Financial Times on March 27, 2017. Sunil Abraham was quoted.

India has the world’s largest domestic biometric identification system, known as Aadhaar. Since 2010, the government has collected fingerprints and iris scans from more than 1bn residents, and each has been assigned a 12-digit identification number.

The scheme is championed by Nandan Nilekani, the billionaire co-founder of IT company Infosys. It was initially conceived to ensure poor Indians received subsidised food entitlements and other welfare benefits that were previously siphoned off by unscrupulous intermediaries. It was also seen as offering poor Indians, many of whom lack birth certificates, with a portable ID that can be used anywhere in the country.

Until now, obtaining an Aadhaar number was voluntary, though most Indians enrolled without hesitation as they see its potential benefits. But New Delhi is now enlisting Aadhaar, which means “foundation” or “base” in Hindi, in more than just welfare schemes. This would mean sharing one’s biometric details isn’t really optional any more despite a Supreme Court ruling that it should be “purely voluntary”.

Last week, the government issued a rule requiring an Aadhaar number for filing tax returns, ostensibly to improve tax compliance. It has also decided that all cell phone numbers must be linked to an Aadhaar number by 2018. Even Indian Railways has plans to demand Aadhaar from those booking train tickets online.

What was once touted as an initiative to improve delivery of welfare suddenly now seems like the foundation of a surveillance state — and I admit the prospect of putting my own biometrics in the database leaves me uneasy.

As a US citizen, I’ve never had to give my biometric data to my government. Domestically, fingerprints are only taken from criminal suspects, or applicants for government jobs, though I know foreign citizens are fingerprinted on arrival.

To me, the idea of sharing eye scans evokes the dystopian Hollywood film, Minority Report, which depicts a near future in which optical-recognition cameras allow the authorities to identify anyone in any public place. The hero on the run, played by Tom Cruise, has an illegal eye transplant to avoid detection.

In recent days, many Indian academics and activists have raised concerns about Aadhaar data security, the lack of privacy rules and the absence of any accountability structure if data are misused.

"Biometrics is being weaponised," says Sunil Abraham, executive director of the Bangalore-based Centre for Internet and Society. "What you need to be worried about is that someone will clean out your bank account or frame you in a crime," he says.

Pratap Bhanu Mehta, director of the Centre for Policy Research, has written of the “conversion of Aadhaar from a tool of citizen empowerment to a tool of state surveillance and citizen vulnerability”.

I call Mr Nilekani, of whose honourable intentions I have no doubt. After leaving Infosys in 2009, he spent five years in government, working to get Aadhaar off the ground. He says he is “extremely offended” when his project is accused of being part of a surveillance society, a narrative he says is “completely misrepresenting” the project. “I can steal your fingerprint off your glass. I don’t need this fancy technology,” he says. “Surveillance is far better done by following my phone, or when I use a map to order a taxi: the map knows where I am. Our internet companies know where you are.”

But in a society known for ingenious means of bypassing rules, such as having multiple taxpayer ID cards to aid evasion, Mr Nilekani says biometric authentication of individuals can bring discipline and reduce cheating. “It’s like you are creating a rule-based society,” he says, “it’s the transition that is going on right now.” I hang up, hardly reassured. To me, it seems clear that in India, as in so many places these days, Big Brother is increasingly watching.

For more details visit https://cis-india.org/internet-governance/news/financial-times-march-27-2017-amy-kazmin-indias-biometric-id-scans-make-sci-fi-a-reality

FAQ on the Aadhaar Project and the Bill

Elonnai Hickok, Vanya Rakesh, and Vipul Kharbanda — 2016-04-13T14:06:43Z

This FAQ attempts to address the key questions regarding the Aadhaar/UIDAI project and the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 (henceforth, Bill). This is neither a comprehensive list of questions, nor does it contain fully developed answers. We will continue to add questions to this list, and edit/expand the answers, based on our ongoing research. We will be grateful to receive your comments, criticisms, evidences, edits, suggestions for new answers, and any other responses. These can either be shared as comments in the document hosted on Google Drive, or via tweets sent to the information policy team at @CIS_InfoPolicy.

To comment on and/or download the file, click here.

For more details visit https://cis-india.org/internet-governance/blog/aadhaar-project-and-bill-faq

Digital native: Look before you (digitally) leap

nishant — 2017-06-08T01:22:54Z

Creating a digital future is great, but there’s a serious need to secure the infrastructure first.

The article was published in the Indian Express on May 28, 2017.

Digital technologies of connectivity have one unrelenting promise — they offer us new ways of doing things, augmenting existing practices, amplifying capacities and affording new possibilities of information and data transactions that accelerate the ways in which we live. This idea of the internet as infrastructure is central to India’s transition into an information technologies future.

Nandan Nilekani, almost a decade ago, in his book, Imagining India, had clearly charted how the digital is the basis for shaping the future of our communities, societies and governance. As one of the architects of Aadhaar, Nilekani had argued that the country of the 21st century will have to be one that seriously invests in the digital infrastructure.

In 10 short years, we have reached a point where we no longer question the enormous investment we make in digital systems of governance and functioning, and we appreciate the economic and networked values of projects like #DigitalIndia and #MakeInIndia that shape our markets and cities into becoming the new cyber-hubs.

There is no denying that digital offers a new way of consolidating a country as polyphonic, multicultural, expansive and diverse as India. We also have to appreciate that, even if selectively, the digitisation of public records, government services, and state support is clearly producing an administrative momentum that is reforming various practices of corruption and incompetence in the massive state machinery. The role of the digital as infrastructure has been a boon for many developing countries.

This positioning, however, masks the fact that infrastructure needs its own support and care systems. Take roads, for example. Roads allow for connectivity, movement and mobility between different spaces. They are one of the most important of state and public infrastructures and for all our jokes about pot-holes and eroding spaces for pedestrians, roads remain the life-line of our everyday life. A complex mechanism of planning, regulation and maintenance needs to be put into place in order to make roads survive.

The amount of attention we pay to roads — the material quality, the land that it occupies, the lanes for different vehicles, the traffic lights and zebra crossings, blockages and streamlines, authorising specific use of roads and disallowing certain activities to happen there — is staggering. A public planner would tell you that before the road comes into being, the idea of the road has to be formulated. The road needs protection and planning and its own infrastructure of support and creation.

When it comes to the information superhighway of the digital web, this remains forgotten. We are so focused on the digital as infrastructure that we seem to pay no attention to its infrastructure. Thus, when we proposed, deployed and now enforced a project like Aadhaar, the focus remained on its unfolding and its operations. Aadhaar as an aspiration of governance has its values and has the capacity to become a system that augments statecraft.

However, the infrastructure that is needed to make Aadhaar possible — rules and regulations around privacy, bills and acts about data sharing and ownership, contexts of informed consent and engagement, community awareness and data security protocol — have been missing from the debates. For years now, activists have been advising and warning the state that building this digital infrastructure without building the contexts within which they make sense is not just irresponsible, but downright dangerous.

Different governments have turned a deaf ear to these protests. Now, when the Aadhaar portals are found disclosing massive volumes of public data, making people vulnerable to data and identity theft and fraud, we are realising the massive projects we have started without thinking about the context of security.

With the ongoing controversies around #AadhaarLeaks, the question is not whether the disclosure of this information was a leak, a breach or an ignorant exposure of sensitive information. The response to it cannot be just about fixing the infrastructure and building more robust systems. The question that we need to confront is how do we stop thinking of the internet as infrastructure and start focusing on the infrastructure that needs to be set into place so that these digital systems promise safety, security, and protection for the lives they intersect with.

For more details visit https://cis-india.org/raw/indian-express-nishant-shah-may-28-2017-digital-native-look-before-you-digitally-leap

Are biometrics hack-proof?

praskrishna — 2017-06-12T01:39:14Z

There are growing concerns over biometric security in India. We ask the experts if biometrics can really be hacked.

The article by Shaikh Zoaib Saleem was published by Livemint on June 11, 2017. Pranesh Prakash was quoted.

There are growing concerns over biometric security. A compromised password can be changed but not a stolen biometric. We ask experts about biometrics security in India.

Pranesh Prakash, policy director, The Centre for Internet & Society

Biometric devices are not hack-proof. It depends on the ease with which this can be done. In Malaysia, thieves who stole a car with a fingerprint-based ignition system simply chopped off the owner's finger. When a biometric attendance system was introduced at the Institute of Chemical Technology (ICT) in Mumbai, students continued giving proxies by using moulds made from Fevicol.

Earlier this year, researchers at NYU and Michigan State University revealed that they were able to generate a "MasterPrint", which is a "partial fingerprint that can be used to impersonate a large number of users". While there are potential safeguards, they require re-capturing everyone's biometrics.

Even other technologies like iris scanner, gait recognition, face recognition, and others, are getting better, but all have problems. Our laws haven't evolved either, leaving many unanswered questions: who can demand your biometrics and under what circumstances? Can your biometrics be captured without your consent? Who is liable for failure? What remedies does one have?

This is an evolving area of technology studies, and every day new kinds of attacks are discovered. Further, they are probabilistic technologies unlike passwords. Given this, if you seek a reliable identity verification system, it doesn't make sense to deploy a system exclusively based on biometrics.

Umesh Panchal, vice-president, Biomatiques Identification Solutions

Biometric devices are instruments delivering added security check functions over traditional methods and these devices can be hack-proof, if the process of exploiting vulnerabilities to gain unauthorised access to systems or resources, is taken care of. With liveliness detection, iris biometric devices are far more hack-proof than fingerprint devices. Even Pentagon has been hacked. Theoretically, a biometric device can internally store or copy fingerprints or iris scans. Depending upon the use-case and ecosystem, a biometric device can internally store templates. However, the UID system (Unique Identification Authority of India) doesn’t permit storage of any biometric data in any biometric devices.

Several security measures can be incorporated to ensure strong transaction security and end-to-end traceability to prevent misuse. This can be achieved by implementing specification of authentication ecosystem. These include deploying signed application, host and operator authentication, usage of multi-factor authentication, SMS/email alerts, encryption of sensitive data, biometric locking, device identification with unique device identifier for analytics/fraud management, eliminating use of stored biometrics and so on.

For a consumer, the device security is determined by the certification it holds from the competent certification authority.

Bryce Boland, chief technology officer-Asia Pacific, FireEye

Biometrics take many forms. Most often people think biometrics are the actually measured biological feature, but they are actually measurements of a feature turned into a sequence of data that is compared against another set of data. You don’t actually need the physical feature, you need the measurements to generate the sequence of data to make a match. If you can inject that data into a biometric, bypassing the reader, you can potentially trick a biometric system.

Most successful biometric implementations have a controlled enrolment process where identity validation is undertaken, and have physically secured, tamperproof and closely monitored readers. Systems like those used for passport biometric enrolment with restricted deployments of readers at airports are an example. Self-enrollment is prone to fraud. Widely distributed readers are prone to tampering. Insecure paths from readers to central credential repositories are prone to credential theft.

Once biometric information is stolen, it usually cannot be changed. So stolen data can potentially be used for a long time, creating problems. This isn’t the case for airport fingerprint readers, but it is a problem for biometric devices in the hands of the public. The best way to check this is to keep the system’s environment physically secured, tamperproof and closely monitored.

Rajesh Babu, CEO, Mirox Cyber Security & Technology

Biometrics devices can be hacked. They have fingerprint sensors, which only check the pattern. It is possible to recreate these patterns through various techniques. Technically, it is difficult to recreate biometrics from a high-resolution picture. However, by using other image rendering tools we can recreate the patterns. Security experts and hackers have already proved that they can bypass mobile fingerprint scanners using a collection of high-resolution photographs taken from different angles using standard photo cameras to make a latex replica print.

Most of the biometric scanners have a date set of all fingerprints and other identities inside the device database. Not every manufacturer in India undergoes enough security auditing. Most of the companies manufacture low-cost biometric devices which are highly vulnerable. These devices are imported from China and other countries but they do not conduct or go through any security audits in our country. They may have kernel level back doors, which are highly vulnerable and can lead to launch of an any kind of attack, including compromising an organization’s network. Only a handful of companies conduct audits of their products as part of security practice.

Organizations and the government must have a clear and concise Security Devices Policy based on standard applicable laws and regulation framework.

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