Centre for Internet and Society

The Design & Technology behind India’s Surveillance Programmes

udbhav — 2017-01-20T15:56:44Z

There has been an exponential growth in the pervasive presence of technology in the daily lives of an average Indian citizen over the past few years. While leading to manifold increase in convenience and connectivity, these technologies also allow for far greater potential for surveillance by state actors.

While the legal and policy avenues of state surveillance in India have been analysed by various organisations, there is very little available information about the technology and infrastructure used to carry out this surveillance. This appears to be largely, according to the government, due to reasons of national security and sovereignty.^[1] This blog post will attempt to paint a picture of the technological infrastructure being used to carry out state surveillance in India.

Background
The revelations by Edward Snowden about mass surveillance in mid-2013 led to an explosion of journalistic interest in surveillance and user privacy in India.^[2] The reports and coverage from this period, leading up to early 2015, serve as the main authority for the information presented in this blog post. The lack of information from official government sources as well as decreasing public spotlight on surveillance since that point of time generally have both led to little or no new information turning up about India’s surveillance regime since this period. However, given the long term nature of these programmes and the vast amounts of time it takes to set them up, it is fairly certain that the programmes detailed below are still the primary bedrock of state surveillance in the country, albeit having become operational and inter-connected only in the past 2 years.

The technology being used to carry out surveillance in India over the past 5 years is largely an upgraded, centralised and substantially more powerful version of the surveillance techniques followed in India since the advent of telegraph and telephone lines: the tapping & recording of information in transit.^[3] The fact that all the modern surveillance programmes detailed below have not required any new legislation, law, amendment or policy that was not already in force prior to 2008 is the most telling example of this fact. The legal and policy implication of the programmes illustrated below have been covered in previous articles by the Centre for Internet & Society which can be found here,^[4] here^[5] and here.^[6] Therefore, this post will solely concentrate on the technological design and infrastructure being used to carry out surveillance along with any new developments in this field that the three source mentioned would not have covered from a technological perspective.

The Technology Infrastructure behind State Surveillance in India

The programmes of the Indian Government (in public knowledge) that are being used to carry out state surveillance are broadly eight in number. These exclude specific surveillance technology being used by independent arms of the government, which will be covered in the next section of this post. Many of the programmes listed below have overlapping jurisdictions and in some instances are cross-linked with each other to provide greater coverage:

Central Monitoring System (CMS)
National Intelligence Grid (NAT-GRID)
Lawful Intercept And Monitoring Project (LIM)
Crime and Criminal Tracking Network & Systems (CCTNS)
Network Traffic Analysis System (NETRA)
New Media Wing (Bureau of New and Concurrent Media)

The post will look at the technological underpinning of each of these programmes and their operational capabilities, both in theory and practice.

Central Monitoring System (CMS)

The Central Monitoring System (CMS) is the premier mass surveillance programme of the Indian Government, which has been in the planning stages since 2008^[7] Its primary goal is to replace the current on-demand availability of analog and digital data from service providers with a “central and direct” access which involves no third party between the captured information and the government authorities.^[8] While the system is currently operated by the Centre for Development of Telematics, the unreleased three-stage plan envisages a centralised location (physically and legally) to govern the programme. The CMS is primarily operated by Telecom Enforcement and Resource Monitoring Cell (TERM) within the Department of Telecom, which also has a larger mandate of ensuring radiation safety and spectrum compliance.

The technological infrastructure behind the CMS largely consists of Telecom Service Providers (TSPs) and Internet Service Providers (ISPs) in India being mandated to integrate Interception Store & Forward (ISF) servers with their Lawful Interception Systems required by their licences. Once these ISF servers are installed they are then connected to the Regional Monitoring Centres (RMC) of the CMS, setup according to geographical locations and population. Finally, Regional Monitoring Centre (RMC) in India is connected to the Central Monitoring System (CMS) itself, essentially allowing the collection, storage, access and analysis of data collected from all across the country in a centralised manner. The data collected by the CMS includes voice calls, SMS, MMS, fax communications on landlines, CDMA, video calls, GSM and even general, unencrypted data travelling across the internet using the standard IP/TCP Protocol.^[9]

With regard to the analysis of this data, Call Details Records (CDR) analysis, data mining, machine learning and predictive algorithms have been allegedly implemented in various degrees across this network.^[10] This allows state actors to pre-emptively gather and collect a vast amount of information from across the country, perform analysis on this data and then possibly even take action on the basis of this information by directly approaching the entity (currently the TERM under C-DOT) operating the system. ^[11] The system has reached full functionality in mid 2016, with over 22 Regional Monitoring Centres functional and the system itself being ‘switched on’ post trials in gradual phases.^[12]

National Intelligence Grid (NATGRID)

The National Intelligence Grid (NATGRID) is a semi-functional^[13] integrated intelligence grid that links the stored records and databases of several government entities in order to collect data, decipher trends and provide real time (sometimes even predictive) analysis of data gathered across law enforcement, espionage and military agencies. The programme intends to provide 11 security agencies real-time access to 21 citizen data sources to track terror activities across the country. The citizen data sources include bank account details, telephone records, passport data and vehicle registration details, the National Population Register (NPR), the Immigration, Visa, Foreigners Registration and Tracking System (IVFRT), among other types of data, all of which are already present within various government records across the country.^[14]

Data mining and analytics are used to process the huge volumes of data generated from the 21 data sources so as to analyse events, match patterns and track suspects, with big data analytics^[15] being the primary tool to effectively utilise the project, which was founded to prevent another instance of the September, 2011 terrorist attacks in Mumbai. The list of agencies that will have access to this data collection and analytics platform are the Central Board of Direct Taxes (CBDT), Central Bureau of Investigation (CBI), Defense Intelligence Agency (DIA), Directorate of Revenue Intelligence (DRI), Enforcement Directorate (ED), Intelligence Bureau (IB), Narcotics Control Bureau (NCB), National Investigation Agency (NIA), Research and Analysis Wing (RAW), the Military Intelligence of Assam , Jammu and Kashmir regions and finally the Home Ministry itself.^[16]

As of late 2015, the project has remained stuck because of bureaucratic red tape, with even the first phase of the four stage project not complete. The primary reason for this is the change of governments in 2014, along with apprehensions about breach of security and misuse of information from agencies such as the IB, R&AW, CBI, and CBDT, etc.^[17] However, the office of the NATGRID is now under construction in South Delhi and while the agency claims an exemption under the RTI Act as a Schedule II Organisation, its scope and operational reach have only increased with each passing year.

Lawful Intercept And Monitoring Project

Lawful Intercept and Monitoring (LIM), is a secret mass electronic surveillance program operated by the Government of India for monitoring Internet traffic, communications, web-browsing and all other forms of Internet data. It is primarily run by the Centre for Development of Telematics (C-DoT) in the Ministry of Telecom since 2011.^[18]

The LIM Programme consists of installing interception, monitoring and storage programmes at international gateways, internet exchange hubs as well as ISP nodes across the country. This is done independent of ISPs, with the entire hardware and software apparatus being operated by the government. The hardware is installed between the Internet Edge Router (PE) and the core network, allowing for direct access to all traffic flowing through the ISP. It is the primary programme for internet traffic surveillance in India, allowing indiscriminate monitoring of all traffic passing through the ISP for as long as the government desires, without any oversight of courts and sometimes without the knowledge of ISPs.^[19] One of the most potent capabilities of the LIM Project are live, automated keyword searches which allow the government to track all the information passing through the internet pipe being surveilled for certain key phrases in both in text as well in audio. Once these key phrases are successfully matched to the data travelling through the pipe using advanced search algorithms developed uniquely for the project, the system has various automatic routines which range from targeted surveillance on the source of the data to raising an alarm with the appropriate authorities.

LIM systems are often also operated by the ISPs themselves, on behalf of the government. They operate the device, including hardware upkeep, only to provide direct access to government agencies upon requests. Reports have stated that the legal procedures laid down in law (including nodal officers and formal requests for information) are rarely followed^[20] in both these cases, allowing unfettered access to petabytes of user data on a daily basis through these programmes.

Crime and Criminal Tracking Network & Systems (CCTNS)

The Crime and Criminal Tracking Network & System (CCTNS) is a planned network that allows for the digital collection, storage, retrieval, analysis, transfer and sharing of information relating to crimes and criminals across India.^[21] It is supposed to primarily operate at two levels, one between police stations and the second being between the various governance structures around crime detection and solving around the country, with access also being provided to intelligence and national security agencies.^[22]

CCTNS aims to integrate all the necessary data and records surrounding a crime (including past records) into a Core Application Software (CAS) that has been developed by Wipro.^[23] The software includes the ability to digitise FIR registration, investigation and charge sheets along with the ability to set up a centralised citizen portal to interact with relevant information. This project aims to use this CAS interface across 15, 000 police stations in the country, with up to 5, 000 additional deployments. The project has been planned since 2009, with the first complete statewide implementation going live only in August 2016 in Maharashtra. ^[24]

While seemingly harmless at face value, the project’s true power lies in two main possible uses. The first being its ability to profile individuals using their past conduct, which now can include all stages of an investigation and not just a conviction by a court of law, which has massive privacy concerns. The second harm is the notion that the CCTNS database will not be an isolated one but will be connected to the NATGRID and other such databases operated by organisations such as the National Crime Records Bureau, which will allow the information present in the CCTNS to be leveraged into carrying out more invasive surveillance of the public at large.^[25]

Network Traffic Analysis System (NETRA)

NETRA (NEtwork TRaffic Analysis) is a real time surveillance software developed by the Centre for Artificial Intelligence and Robotics (CAIR) at the Defence Research and Development Organisation. (DRDO) The software has apparently been fully functional since early 2014 and is primarily used by Indian Spy agencies, the Intelligence Bureau (IB) and the Research and Analysis Wing (RAW) with some capacity being reserved for domestic agencies under the Home Ministry.

The software is meant to monitor Internet traffic on a real time basis using both voice and textual forms of data communication, especially social media, communication services and web browsing. Each agency was initially allocated 1000 nodes running NETRA, with each node having a capacity to analyse 300GB of information per second, giving each agency a capacity of around 300 TB of information processing per second.^[26] This capacity is largely available only to agencies dealing with External threats, with domestic agencies being allocated far lower capacities, depending on demand. The software itself is mobile and in the presence of sufficient hardware capacity, nothing prevents the software from being used in the CMS, the NATGRID or LIM operations.

There has been a sharp and sudden absence of public domain information regarding the software since 2014, making any statements about its current form or evolution mere conjecture.

Analysis of the Collective Data

Independent of the capacity of such programmes, their real world operations work in a largely similar manner to mass surveillance programmes in the rest of the world, with a majority of the capacity being focused on decryption and storage of data with basic rudimentary data analytics.^[27] Keyword searches for hot words like 'attack', 'bomb', 'blast' or 'kill' in the various communication stream in real time are the only real capabilities of the system that have been discussed in the public domain,^[28] which along with the limited capacity of such programmes^[29] (300 TB) is indicative of basic level of analysis that is carried on captured data. Any additional details about the technical details about how India’s surveillance programmes use their captured data is absent from the public domain but they can presumed, at best, to operate with similar standards as global practices.^[30]

Capacitative Global Comparison

As can be seen from the post so far, India’s surveillance programmes have remarkably little information about them in the public domain, from a technical operation or infrastructure perspective. In fact, post late 2014, there is a stark lack of information about any developments in the mass surveillance field. All of the information that is available about the technical capabilities of the CMS, NATGRID or LIM is either antiquated (pre 2014) or is about (comparatively) mundane details like headquarter construction clearances.^[31] Whether this is a result of the general reduction in the attention towards mass surveillance by the public and the media^[32] or is the result of actions taken by the government under the “national security” grounds under as the Official Secrets Act, 1923^[33] can only be conjecture.

However, given the information available (mentioned previously in this article) a comparative points to the rather lopsided position in comparison to international mass surveillance performance. While the legal provisions in India regarding surveillance programmes are among the most wide ranging, discretionary and opaque in the world^[34] their technical capabilities seem to be anarchic in comparison to modern standards. The only real comparative that can be used is public reporting surrounding the DRDO NETRA project around 2012 and 2013. The government held a competition between the DRDO’s internally developed software “Netra” and NTRO’s “Vishwarupal” which was developed in collaboration with Paladion Networks.^[35] The winning software, NETRA, was said to have a capacity of 300 GB per node, with a total of 1000 sanctioned nodes.^[36] This capacity of 300 TB for the entire system, while seemingly powerful, is a miniscule fragment of 83 Petabytes traffic that is predicted to generated in India per day.^[37] In comparison, the PRISM programme run by the National Security Agency in 2013 (the same time that the NETRA was tested) has a capacity of over 5 trillion gigabytes of storage^[38], many magnitudes greater than the capacity of the DRDO software. Similar statistics can be seen from the various other programmes of NSA and the Five Eyes alliance,^[39] all of which operated at far greater capacities^[40] and were held to be minimally effective.^[41] The questions this poses of the effectiveness, reliance and proportionality of the Indian surveillance programme can never truly be answered due to the lack of information surrounding capacity and technology of the Indian surveillance programmes, as highlighted in the article. With regard to criminal databases used in surveillance, such as the NATGRID, equivalent systems both domestically (especially in the USA) and internationally (such as the one run by the Interpol)^[42] are impossible due to the NATGRID not even being fully operational yet.^[43]

Conclusion

Even if we were to ignore the issues in principle with mass surveillance, the pervasive, largely unregulated and mass scale surveillance being carried in India using the tools and technologies detailed above have various technical and policy failings. It is imperative that transparency, accountability and legal scrutiny be made an integral part of the security apparatus in India. The risks of security breaches, politically motivated actions and foreign state hacking only increase with the absence of public accountability mechanisms. Further, opening up the technologies used for these operations to regular security audits will also improve their resilience to such attacks.

^[1] http://cis-india.org/internet-governance/blog/the-constitutionality-of-indian-surveillance-law

^[2] http://india.blogs.nytimes.com/2013/07/10/how-surveillance-works-in-india/

^[3] https://www.privacyinternational.org/node/818

^[4] http://cis-india.org/internet-governance/blog/state-of-cyber-security-and-surveillance-in-india.pdf

^[5] http://cis-india.org/internet-governance/blog/security-surveillance-and-data-sharing.pdf

^[6] http://cis-india.org/internet-governance/blog/paper-thin-safeguards.pdf

^[7] http://pib.nic.in/newsite/PrintRelease.aspx?relid=54679 & http://www.dot.gov.in/sites/default/files/English%20annual%20report%202007-08_0.pdf

^[8] http://ijlt.in/wp-content/uploads/2015/08/IJLT-Volume-10.41-62.pdf

^[9] http://www.thehindu.com/scitech/technology/in-the-dark-about-indias-prism/article4817903.ece

^[10] http://cis-india.org/internet-governance/blog/india-centralmonitoring-system-something-to-worry-about

^[11] https://www.justice.gov/sites/default/files/pages/attachments/2016/07/08/ind195494.e.pdf

^[12] http://www.datacenterdynamics.com/content-tracks/security-risk/indian-lawful-interception-data-centers-are-complete/94053.fullarticle

^[13] http://natgrid.attendance.gov.in/ [Attendace records at the NATGRID Office!]

^[14] http://articles.economictimes.indiatimes.com/2013-09-10/news/41938113_1_executive-order-nationalintelligence-grid-databases

^[15] http://www.business-standard.com/article/current-affairs/natgrid-to-use-big-data-analytics-to-track-suspects-1

^[16] http://sflc.in/wp-content/uploads/2014/09/SFLC-FINAL-SURVEILLANCE-REPORT.pdf

^[17] http://indiatoday.intoday.in/story/natgrid-gets-green-nod-but-hurdles-remain/1/543087.html

^[18] http://www.thehindu.com/news/national/govt-violates-privacy-safeguards-to-secretly-monitor-internet-traffic/article5107682.ece

^[19] ibid

^[20] http://www.thehoot.org/story_popup/no-escaping-the-surveillance-state-8742

^[21] http://ncrb.gov.in/BureauDivisions/CCTNS/cctns.htm

^[22] ibid

^[23] http://economictimes.indiatimes.com/news/politics-and-nation/ncrb-to-connect-police-stations-and-crime-data-across-country-in-6-months/articleshow/45029398.cms

^[24] http://indiatoday.intoday.in/education/story/crime-criminal-tracking-network-system/1/744164.html

^[25] http://www.dailypioneer.com/nation/govt-cctns-to-be-operational-by-2017.html

^[26] http://articles.economictimes.indiatimes.com/2012-03-10/news/31143069_1_scanning-internet-monitoring-system-internet-data

^[27] Surveillance, Snowden, and Big Data: Capacities, consequences, critique: http://journals.sagepub.com/doi/pdf/10.1177/2053951714541861

^[28] http://www.thehindubusinessline.com/industry-and-economy/info-tech/article2978636.ece

^[29] See previous section in the article “NTRO”

^[30] Van Dijck, José. "Datafication, dataism and dataveillance: Big Data between scientific paradigm and ideology." Surveillance & Society 12.2 (2014): 197.

^[31] http://www.dailymail.co.uk/indiahome/indianews/article-3353230/Nat-Grid-knots-India-s-delayed-counter-terror-programme-gets-approval-green-body-red-tape-stall-further.html

^[32] http://cacm.acm.org/magazines/2015/5/186025-privacy-behaviors-after-snowden/fulltext

^[33] https://freedomhouse.org/report/freedom-press/2015/india

^[34] http://blogs.wsj.com/indiarealtime/2014/06/05/indias-snooping-and-snowden/

^[35] http://articles.economictimes.indiatimes.com/2012-03-10/news/31143069_1_scanning-internet-monitoring-system-internet-data

^[36] http://economictimes.indiatimes.com/tech/internet/government-to-launch-netra-for-internet-surveillance/articleshow/27438893.cms

^[37] http://trak.in/internet/indian-internet-traffic-8tbps-2017/

^[38] http://www.economist.com/news/briefing/21579473-americas-national-security-agency-collects-more-information-most-people-thought-will

^[39] http://www.washingtonsblog.com/2013/07/the-fact-that-mass-surveillance-doesnt-keep-us-safe-goes-mainstream.html

^[40] http://www.washingtonpost.com/wp-srv/special/politics/prism-collection-documents/

^[41] Supra Note 35

^[42] http://www.papillonfoundation.org/information/global-crime-database/

^[43] http://www.thehindu.com/opinion/editorial/Revive-NATGRID-with-safeguards/article13975243.ece

For more details visit https://cis-india.org/internet-governance/blog/the-design-technology-behind-india2019s-surveillance-programmes

Sunil Abraham on Aadhaar's misuse during demonetisation

praskrishna — 2017-01-19T01:35:02Z

Sunil Abraham spoke to Economic Times on the misuse of Aadhaar during demonetisation.

Sunil Abraham said:

"We saw Aadhaar being misused at large-scale during the demonetization, criminals had created a black market in Aadhaar identity cards and photocopies of Aadhaar. Those interested in converting black money were purchasing these photocopies from the black market and giving them to bank officials so that they could maintain fake records that tried to prove that ordinary people came in photos' cash transactions.

Whenever we try to introduce technological measures we must always think of the human systems that are at work and the human procedures that are at work. Another example is today telcos giving sim cards based on Aadhaar authentication to meet their sales targets some of these telcos are giving multiple sim cards for a single Aadhaar based KYC. Those sim cards are often resold into black market or given to persons that are not familiar with the aadhaar number holder and this has only makes the security situation in the country worse. It has not improved." Watch the Video

For more details visit https://cis-india.org/internet-governance/news/economic-times-january-14-2017-sunil-abraham-on-aadhaar-misuse-during-demonetisation

Lost your phone? Here's how you can make your mobile theft-proof

praskrishna — 2017-01-19T02:40:21Z

Losing a phone has become even more costly after the government's push for a cashless society.

The article by Sanjay Kumar Singh was published in the Business Standard on January 16, 2017. Udbhav Tiwari was quoted. Read the full article on Press Reader. Udbhav Tiwari was quoted.

Prime Minister Narendra Modi, while pitching for cashless transactions, has coined a new phrase — your mobile is a bank. If you really want to use your mobile phone as a bank, remember the costs of losing it are much higher. Earlier, if you lost your mobile phone, there was the risk of misuse of personal data. Now, with most gadgets also carrying mobile wallet apps, there is the added risk of serious financial loss. A number of security solutions, available in the form of external security software or in-built into the phone, can help you track the device, lock it and minimise the probability of misuse.

First, it should give you some satisfaction that if your device is of recent vintage, someone stealing your phone will not be able to use it. Earlier, thieves would wipe the data on the phone (if it had a pin), set up a new account, and use it. But if it is an Apple phone that came out after 2014 or a phone with Android 6.0 Marshmallow or higher operating system (OS), the server will ask for login information of the first account (with which the owner had initially set up the phone). Only then will it allow someone to set up a second account on the same device. Since that information is not likely to be available to the thief, the phone will be of little use to him.

Track your device

Both Apple and Android have in-built features that allow you to track your device if it gets lost. In Apple it is called 'Find my phone' and on Android, 'Android device manager'. When you log in through your Apple or Google account while setting up the phone, this feature gets enabled by default. After your phone is stolen, go online and type 'Find my phone' or 'Android device manager'. Use your account credentials to log in. As long as your phone is on and is connected to the Internet, it will broadcast its location. If it has been switched off or can't connect to the Internet, you will only be able to see the last location from where it transmitted.

Antivirus software for mobile phones also offer tracking features. "Using our mobile security software, users can locate their lost device on a map or receive the location coordinates through an SMS," says Ritesh Chopra, country manager, Norton by Symantec. These software also enable you to lock the lost device remotely either from the antivirus software's web site or by sending an SMS. Chopra informs that you can also remotely delete all the data stored either on the device or its memory card. Users can also trigger an alarm if they think their device is still in the vicinity. "Some antivirus software also allow you to take snapshots of the illegal user once the original user has reported it as stolen," says Udbhav Tiwari, policy officer at the Centre for Internet and Society, Bengaluru.

Take preventive security measures

How well your phone and the data on it are protected after theft will, however, depend on the security measures you adopt proactively while the phone is in your possession.

Install a password: The first stage of protection you should adopt is a pin, pattern lock, or password for your mobile phone. If you don't set up a pin, everything that doesn't require a second level of authentication is available to anyone who gets possession of your device. If you lose your laptop but have logged out of your email or social networking account, the thief can't access them. But on mobile phones most of these services don't require a second level of authentication.

Most alarming from a financial standpoint is the fact that most mobile wallets don't ask for a password before allowing you to transact (Paytm has introduced one recently). "If you have a mobile wallet and don't have a pin on your phone and it gets stolen, the thief can easily transfer money from your wallet to another," says Tiwari. Most mobile and net banking apps, however, require a login and password every time you want to access them, and are hence safer.

Set a pin promptly--a strong one that can't be easily guessed. Numbers associated with you, such as your birthday, are a strict no-no. If your phone carries especially sensitive or important data, eschew pins altogether and use a detailed password with a diverse combination of characters.

Nowadays you can also deploy fingerprint-based unlocking feature on your phone. "By using Fonetastic for the Android platform, you can set the fingerprint unlock feature on your phone," informs Sanjay Katkar, managing director and chief technology officer, Quick Heal Technologies.

Encrypt data on your device: Even if you set up a pin or password, the data on your mobile phone is not protected. Hackers can bypass it and gain access to your files. To protect data, OS developers like Google and Apple encrypt data. The device encryption feature works using something unique on your device, such as its serial number, and your pin. Even if someone gets access to your files via a computer, they will not be able to open them. These files will open only on your phone, and for that they will need your pin, password or pattern lock (presuming you have set one).

In all iOS phones, the moment you set your pin, all files get automatically encrypted. In any Android phone purchased within the last one year (that runs on Android 6.0 Marshmallow by default), the same holds true. But if you have an older Android phone or OS version, you need to enable this feature manually. Go to Settings, then to Security, find an option called 'Encrypt phone' and click on it.

Install an app lock: Some security apps allow you to lock the apps on your phone and also encrypt the files produced by those apps. When you start an app, the security app will ask for a pin. And when you exit an app, it will encrypt the files stored within the app. Go to Google Play or iStore and type 'encrypted file storage' to get the most popular lock-and-encrypt apps. "If you use device-level encryption, you may not need these apps, as the former locks and encrypts the entire device," says Tiwari

For more details visit https://cis-india.org/internet-governance/news/business-standard-january-16-2017-sanjay-kumar-singh-lost-your-phone-here-is-how-you-can-make-your-mobile-theft-proof

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

Supreme Court issues notice to WhatsApp, Centre on data privacy

praskrishna — 2017-01-17T15:06:08Z

Analysts said India lacked data protection laws.

The article by MJ Antony, Ayan Pramanik and Apurva Venkat was published in the Business Standard on January 17, 2017. Sunil Abraham was quoted.

The Supreme Court on Monday issued notices to the Centre and WhatsApp over an appeal alleging the instant messaging service did not ensure the privacy of its users and seeking regulations to protect personal information.

Chief Justice J S Khehar granted urgent hearing when Harish Salve, counsel for the petitioner, submitted that the service provided free by the platform to 155 million subscribers violated constitutional provisions protecting privacy.

The government and WhatsApp would file their replies within two weeks, the court directed after Salve sought its intervention to protect consumer data till India enacted data protection laws.

The Supreme Court heard the petition after the Delhi High Court in September directed WhatsApp not to share its users’ data with its parent Facebook and asked it to provide users with the option to opt out. The court was hearing a public interest litigation over a change in WhatsApp’s user policies that explicitly allowed Facebook to access to WhatsApp users’ data.

A Facebook spokesperson said the company could not comment immediately.

Analysts said India lacked data protection laws that prohibit global Internet firms from harvesting user data for their business. “We used to think that we had some privacy jurisprudence in the country. If you asked a lawyer 1.5 years ago, he would say privacy in India was a constitutionally guaranteed right,” said Sunil Abraham, director of the Centre for Internet Society. “It is not explicitly referenced into the law.”

Saroj Kumar Jha, partner, SRGR Law Offices, said, “Along with the lack of policies and laws, there are very few judgments on privacy issues based on constitutional rights. Thus, it makes it very difficult to judge a case.”

Salve argued that till the government enacted legislation to protect user data, the court should provide protection. The Telecom Regulatory Authority of India should introduce a clause in telecom licences that if calls were intercepted the licence would be cancelled, he said.

The court sought the assistance of Attorney-General Mukul Rohatgi to sort out the issues.

Rohatgi, while arguing an earlier case related to alleged violation of privacy, had taken the stand that the Constitution did not protect the right to privacy. According to him, neither the fundamental rights nor Supreme Court judgments recognises a citizen’s right to privacy. The bench hearing that case referred the question to a constitution bench last year.

For more details visit https://cis-india.org/internet-governance/news/business-standard-mj-antony-ayan-pramanik-apurva-venkat-supreme-court-issues-notice-to-whatsapp-centre-on-data-privacy

The Dangers Of Aadhaar-Based Payments That No One Is Talking About

praskrishna — 2017-01-17T14:39:53Z

Less than three months ago, India’s banking sector was hit by a data breach which compromised 32 lakh debit cards and led to fraudulent transactions worth Rs 1.3 crore.

The article by Mayank Jain was published by Bloomberg on January 17, 2017. Sunil Abraham was quoted.

The incident started a debate around security of payment systems. But the debate had just about begun when the government’s demonetisation decision dragged attention away from it. Now as the dust settles and as the government starts to push newer means of digital payments, the focus is back on the security of systems being seen as an alternative to cash.

One such system is Aadhaar-based payments which could potentially allow citizens to pay anytime anywhere with the tap of a finger.

In theory, it sounds simple.

The Aadhaar-based payment system runs on the existing Aadhaar infrastructure through which a person’s biometrics are used to authenticate the user. Once authenticated, the user can transfer funds directly from one bank account to another without going through a mobile wallet or a card.

The payment system requires a smartphone, a working internet connection and a biometric authentication device with the merchant. The customer needn’t have a card or a phone as long as he or she has an Aadhaar-seeded bank account.

National Payments Corporation of India has developed this payments infrastructure over the existing Aadhaar-Enabled Payments System, the railroad on which the public distribution system has been functioning for years now.

Amitabh Kant, chief executive officer of the government policy think tank NITI Aayog said, earlier this month, that all cards and point-of-sale machines will become redundant in the country in the next two-and-a-half years as Aadhaar-based payments become popular.

A Double-Edged Sword

While payments authenticated by biometrics sound like a good idea in a country where less than one in three people actually own a smartphone, there are fears that integrating biometrics with digital payments could prove to be a security headache.

The first part of the problem is that Aadhaar, while effective, is not a fool-proof method of authentication and identification failures are not uncommon. Building a payment system atop the Aadhaar system will simply transfer some of these vulnerabilities.

The possibility of transaction failures due to a biometric mismatch are real, admitted a former high-ranking official from the Unique Identification Authority of India (UIDAI) who spoke to BloombergQuint on the condition of anonymity.

Officially, the false reject rate – rejection of a biometric when it’s actually correct – is set at a maximum of 2 percent for devices that get certified from the UIDAI. On the ground, however, failure rates vary widely, said the official quoted above.

According to the official statistics on UIDAI, more than 16 lakh Aadhaar-authentication requests failed in the past week. The type of errors encountered ranged from the biometric data not matching the database to demographic details not checking out.

The failure rates on Aadhaar Enabled Payment System for interbank transactions (which is a part of all Aadhaar authentication requests) were found to be as high as 60 percent by the Watal Committee on digital payments which published its report in December.

Additionally, newer security threats may also emerge if the scope of Aadhaar is widened. These include identity theft if a person’s biometrics are compromised from the payment system, phishing attempts, and the difficulty in revoking access once biometric information is compromised.

Biometrics aren’t an exact science, the official quoted above said, while adding that possible glitches have to be weighed against the benefits of offering a widely accessible non-cash mode of payment to citizens.

How Easy Is It To Beat The System?

Sunil Abraham, executive director of Bangalore based research organisation Center for Internet and Society (CIS) said that one way to assess how secure a system is to understand the cost and effort that goes into breaching it.

In the case of Aadhaar-based payment systems, the costs may not be high.

“There’s the gummy finger method which essentially requires some Fevicol or gum to duplicate someone’s fingerprint which can be enough to transact on someone’s behalf without them being there,” said Abraham in a phone conversation with BloombergQuint. “An average person can’t clone a smart card. Just fevicol and glue can help you make a gummy finger. The biometric lobby will say that advanced scanners defeat the gummy finger attack but more advanced scanners are also more expensive.”

Also, using more sensitive devices could push up the instance of false rejection of transactions, said Abraham.

There are other concerns. Like the fact that devices used for Aadhaar identification could store personal information, which, in turn, could be susceptible to a breach.

There are five main components in an Aadhaar app transaction – the customer, the vendor, the app, the back-end validation software, and the Aadhaar system itself. There are also two main external concerns – the security of the data at rest on the phone and the security of the data in transit. At all seven points, the customer’s data is vulnerable to attack.
Bhairav Acharya, Program Fellow, New America

Acharya, who works at a U.S.-based think tank called New America and focuses on cyber-law, said the key concern is that Aadhaar data can be stolen and misused.

“The app and validation software are insecure, the Aadhaar system itself is insecure, the network infrastructure is insecure, and the laws are inadequate.”

The biometric data collected on the authentication device at a merchant location can potentially be stored on the device as well as the smartphone of a merchant for a long time. Abraham added that there is a possibility that non-certified devices will enter the market, which can store data and use it in the future to do fraudulent transactions.

The concerns over potential misuse of biometric data by private agencies has also been highlighted by the Supreme Court of India. Earlier this month, the apex court refused to expedite the hearing on a petition regarding Aadhaar being utilised for multiple use cases by private companies. It, however, observed that private agencies collecting biometric data “is not a great idea”.

Deficient Privacy Laws

Apar Gupta, a Delhi-based lawyer working on cyber security, says that the lack of strong privacy protecting provisions is another concern that should be kept in mind while moving towards an Aadhaar-based payment system.

“The data stays for a long time with the stakeholders in the system. The requesting agency can keep it for seven years and the UIDAI can store it for five years. There are insufficient safeguards and there’s an absence of privacy law and an independent privacy regulator,” he said.

Acharya agreed.

India does not have the necessary laws to deal with a decentralised, biometrically-authenticated, mobile payments system, according to Acharya.

“Moreover, current laws and policies regarding the Aadhaar project, particularly the centralised database, are inadequate from the point of view of data security and end-user privacy,” he said.

Abraham of CIS said the issue is wider than Aadhaar. The problem is the lack of a strong data security law.

We only have a minimal data security law under the Section 43A of the Information and Technology Act which only applies to the private sector. There’s no law that applies to the government. Even 43A has not been applied consistently. There’s no place for you to go and complain if your identity has been compromised.
Sunil Abraham, Executive Director, Centre for Internet & Society

Gupta noted that, in the event of an identity threat, avenues of recourse are also limited. He said the best option is an appeal in the civil court, which is a long drawn out process.

In final analysis, according to Abraham, credit and debit cards are easier to secure as access can be revoked quickly.

“The trouble with biometrics is that the chain of trust is harder to establish because too many people can get access to biometrics and then you need to devise these convoluted solutions like hardware secure zones,” Abraham said.

“So the advantage of going with a smart card is that it can be easily re-secured, but with biometrics, once I compromise it, it’s lifelong.”

For more details visit https://cis-india.org/internet-governance/news/bloomberg-mayank-jain-january-17-2017-dangers-of-aadhaar-based-payments-that-no-one-is-talking-about

The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint

praskrishna — 2017-01-16T03:14:22Z

Paying for your groceries and other goods by using your biometrics instead of an e-wallet, debit card or cash seems to be the next phase in the Centre’s ambitious push to shift the country to a “less cash” economy, as its mandarins term it.

The article by Indulekha Aravind was published in the Economic Times on 15 January 2017. Sunil Abraham was consulted for this.

Ajay Bhushan Pandey, CEO of the Unique Identification Authority of India (UIDAI), says it will be rolling out Aadhaar-enabled payment system, or Aadhaar Pay, for merchants in the next few weeks. This will be an app for merchants that enables them to receive payments through biometric authentication of the customer, provided their bank accounts are linked to their Aadhaar number. "A pilot is under way in fair price shops in Andhra Pradesh where shopkeepers are accepting payments from PDS beneficiaries. The results are very encouraging," says Pandey.

The idea takes off from the existing Aadhaar-enabled payment system (AEPS) used by bank business correspondents (BCs) in rural areas to disburse and accept cash, using micro ATMs. "We are trying to tweak this so that a similar device can be used by a local merchant," says Pandey. Adoption will depend on two factors: merchants’ acceptance of it and whether they can use an app rather than a micro ATM. The biggest advantage through this method of payment, says Pandey, is that the customer will not need a credit or debit card, or even a smartphone.

The limits for transactions using AEPS, such as the number of daily transactions, will be left to the discretion of the banks. In the long term, the AEPS will be migrated to the BHIM (Bharat Interface for Money) platform but the rollout of Aadhaar Pay will happen before that. Post demonetisation, banking BC’s number of transactions using AEPS has leapt from 4-5 lakh to 14-15 lakh, says Pandey. According to Reserve Bank of India data on electronic payment systems, the total volume of such transactions jumped from 671 million in November 2016 to 957 million in December. USSD-based payments, which can be done using a basic feature phone, are among the biggest beneficiaries: the volume rose from just 7,000 in November to 1,02,000 in December, and value of transactions from over Rs 7,000 to over Rs 1 lakh. Prepaid payment instruments — mainly mobile wallets — rose from 59 million to 88 million in the same period (and value from Rs 1,300 crore to Rs 2,100 crore).

While Aadhaar Pay is likely to ride the demonetisation wave if it is launched soon, certain concerns remain, as the list is how secure such a payment system will be. The UIDAI CEO says it is a paramount concern for the organisation, too. "We are using the latest technology to ensure the information stays encrypted end to-end, so that information is not leaked or misused. In the months to come, we will strengthen the security."

Wary About Security
Sunil Abraham, executive director of the Centre for Internet and Society, a think tank that has been analysing the Aadhaar project for six years, outlines several reasons why Aadhaar-based biometrics is inappropriate for authentication in payments, unlike card-based payments that use cryptography.

"With biometrics, there is always an error ratio. It is imprecise matching, whereas with cryptography (smart cards), there is no false positive or negative. You either have the key (PIN) or you don’t. It is also very cheap to defeat biometric authentication — even an unlettered person can do it," says Abraham. It would be easy enough, he says, to replicate someone else’s fingerprint by pressing it against lukewarm wax and filling the mould with glue to get a dummy finger. In contrast, compromising a smart card requires more cost and effort, from tech-savviness to machines such as a skimmer that will read the card. "And once you are compromised,you are compromised forever. You can’t change it, like a debit card PIN."

Using Aadhaar for authentication had proved to be a failure during the exchange of currency notes following demonetisation, he adds, pointing to how the poor and the middle class stood in queues for money while stacks of new currency were recovered from the homes of businessmen and bureaucrats. "When you have bank officials who are corrupt, giving them your biometrics is giving them more ammunition for corruption." To catch the criminals, law enforcement agencies had to resort to CCTV footage,a relatively older technology, he says. Others point out that while it may be secure, certain factors stand in the way of making biometrics-based payment authentication a large-scale success. Amrish Rau, CEO of PayU India, a payment gateway provider, cites a list of reasons why it would inevitably take off but only in 5-10 years.

"For one, the technology is not yet good enough. There are also bandwidth and data constraints in sending biometric data," says Rau. Even in more mature markets, it has yet to find widespread acceptance, he says, pointing to the slow adoption of Apple Pay and Samsung Pay in the US. "It’s not the answer today.” This is in contrast to NITI Aayog CEO Amitabh Kant’s recent remarks that cards and PoS machines would become redundant by 2020 because Indians would be making payments using their thumb (biometrics). "... my view is that in the next two and a half years, India will make all its debit cards, credit cards, all ATM machines, all PoS machines totally irrelevant,” Kant had said at a Pravasi Bharatiya Divas session in Bengaluru.

UIDAI’s Pandey is more circumspect. “I wouldn’t say who would replace what. But from the government’s side we are encouraging all modes of digital payment. India has a diverse population and some people might prefer using a card, others a wallet. Collectively, they will contribute to a less-cash society.”

For more details visit https://cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint

Global Governance Futures 2027 - Session 3, New Delhi

sumandro — 2017-01-15T11:46:27Z

The Global Governance Futures program (GGF) initiated by Global Public Policy Institute and supported by Robert Bosch Stiftung brings together young professionals to look ahead ten years and recommend ways to address global challenges. Sumandro Chattapadhyay will join Ankhi Das (Facebook) and Arun Mohan Sukumar (Observer Research Foundation) on Tuesday, January 17, to discuss the "data governance" scenarios developed by the GGF 2027 Fellows.

About the Programme: External Link.

GGF 2027 Fellows: External Link.

GGF 2027 Session 3, New Delhi - Agenda: Download (PDF).

For more details visit https://cis-india.org/internet-governance/news/global-governance-futures-2027-session-3-new-delhi

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

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

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

1. Preliminary

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

2. The Centre for Internet and Society

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

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

3. Comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endnotes

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

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

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

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

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

Rankathon on Digital Rights (Delhi, January 08)

amber — 2016-12-29T07:10:09Z

Please join us on Sunday, January 08, at the CIS office in Hauz Khas, Delhi, for a rankathon to visualise, and contribute to the findings of the Ranking Digital Rights study, and critique the underlying methodology. The event will begin at 10:00 in the morning and participants can focus on one or more of three kinds of tasks: 1) visualising the CIS and Ranking Digital Rights data, 2) evaluating additional companies using the RDR methodology, and 3) evaluating the RDR methodology and its suitability for independent use.

Download: Invitation (PDF)

The Ranking Digital Rights Corporate Responsibility Index is a project hosted by the Open Technology Institute at New America Foundation that aims to rank Information and Communications Technology (ICTs) companies with respect to their Governance, Freedom of Expression, and Privacy practices. The inaugural Corporate Accountability Index, released in November 2015, evaluated 16 companies based on the project’s methodology that included 31 indicators in total.

visualising the CIS and Ranking Digital Rights data,
evaluating additional companies using the RDR methodology, and
evaluating the RDR methodology and its suitability for independent use.

The event is open to all but the venue has limited space. The participants are requested to RSVP by sending an email to nisha@cis-india.org. The final date for registering for the event is January 04.

All visualisations and other outputs produced at the event will be published under open licenses. All participants are expected to bring their own laptop or any other items needed for their work. CIS will offer data, help with understanding how the Ranking Digital Rights methodology work, refreshments, and any other support as needed.

We are also organising a discussion event on Saturday, January 07, at the India Islamic Cultural Centre, Delhi, to present our findings on digital rights practices of 8 Indian ICT companies, followed by an open structured discussion on the methodology of the Ranking Digital Rights study. Please find more details about this here.

We look forward to your participation and contribution to the discussion. Please support us by sharing this invitation with your colleagues and networks.

For more details visit https://cis-india.org/internet-governance/events/rankathon-on-digital-rights-delhi-jan-08-2017

Discussion on Ranking Digital Rights in India (Delhi, January 07)

amber — 2016-12-29T07:07:34Z

Towards developing an understanding of how Indian ICT companies are recognising and upholding digital rights of their users, and to raise public awareness about the same, the Center for Internet and Society (CIS), with the support of Privacy International, has studied 8 Indian ICT companies, using the same methodology as the 2015 Corporate Accountability Index, to gain greater insight into company practices and initiate public dialogues. Please join us on Saturday, January 07, at the India Islamic Cultural Centre, New Delhi, for a presentation of our findings followed by an open structured discussion on the methodology and implications of the study.

Download: Invitation and agenda (PDF)

Please join us on Saturday, January 07, at the India Islamic Cultural Centre, New Delhi, for a presentation of our findings followed by an open structured discussion on the methodology and implications of the Ranking Digital Rights study. We will begin at 10:30 am with a round of tea and coffee.

The event is open to all but the venue has limited space. The participants are requested to RSVP by sending an email to nisha@cis-india.org.

To further encourage programmers, researchers, journalists, students, and users in general to use and contribute to the findings of the Ranking Digital Rights study, and critique the underlying methodology, we are also organising a “rankathon” on Sunday, January 08, at the CIS office in Delhi. More details can be found here.

We look forward to your participation and contribution to the discussion. Please support us by sharing this invitation with your colleagues and networks.

Agenda

10:30-11:00	Coffee and Tea
11:00-11:15	Introduction
11:15-13:00	Presentation of the Findings and Discussion Divij Joshi and Aditya Singh Chawla
13:00-14:00	Lunch
14:00-15:00	Open Discussion #1: Parameters of Evaluation The RDR methodology was based upon evaluating commitments to uphold human rights through their services – in particular towards their commitment to users’ freedom of expression and privacy. Are there other parameters that may be considered in the Indian context?
15:00-16:00	Open Discussion #2: Towards Protecting Digital Rights What steps can be taken by the government, civil society, and industry in India to create an environment that recognizes and protects users digital rights? What are the relevant legal, political, and economic factors to take into consideration towards this? What are steps that other, multinational ICT companies have taken? Would these be realistic for Indian companies to implement?
16:00-16:30	Conclusion
16:30-17:00	Coffee and Tea

For more details visit https://cis-india.org/internet-governance/events/discussion-on-ranking-digital-rights-in-india-delhi-jan-07-2017

Incident Response Requirements in Indian Law

vipul — 2016-12-28T01:19:28Z

Cyber incidents have serious consequences for societies, nations, and those who are victimised by them. The theft, exploitation, exposure or otherwise damage of private, financial, or other sensitive personal or commercial data and cyber attacks that damage computer systems are capable of causing lasting harm.

A recent example of such an attack that we have seen from India is the recent data breach involving an alleged 3.2 million debit cards in India.^[1] In the case of this hack the payment processing networks such as National Payments Corporation of India, Visa and Mastercard, informed the banks regarding the leaks, based on which the banks started the process of blocking and then reissuing the compromised cards. It has also been reported that the banks failed to report this incident to the Computer Emergency Response Team of India (CERT-In) even though they are required by law to do so.^[2] Such risks are increasingly faced by consumers, businesses, and governments. A person who is a victim of a cyber incident usually looks to receive assistance from the service provider and government agencies, which are prepared to investigate the incident, mitigate its consequences, and help prevent future incidents. It is essential for an effective response to cyber incidents that authorities have as much knowledge regarding the incident as possible and have that knowledge as soon as possible. It is also critical that this information is communicated to the public. This underlines the importance of reporting cyber incidents as a tool in making the internet and digital infrastructure secure.. Like any other crime, an Internet-based crime should be reported to those law enforcement authorities assigned to tackle it at a local, state, national, or international level, depending on the nature and scope of the criminal act. This is the first in a series of blog posts highlighting the importance of incident reporting in the Indian regulatory context with a view to highlight the Indian regulations dealing with incident reporting and the ultimate objective of having a more robust incident reporting environment in India.

Incident Reporting under CERT Rules

In India, section 70-B of the Information Technology Act, 2000 (the “IT Act”) gives the Central Government the power to appoint an agency of the government to be called the Indian Computer Emergency Response Team. In pursuance of the said provision the Central Government issued the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 (the “CERT Rules”) which provide the location and manner of functioning of the Indian Computer Emergency Response Team (CERT-In). Rule 12 of the CERT Rules gives every person, company or organisation the option to report cyber security incidents to the CERT-In. It also places an obligation on them to mandatorily report the following kinds of incidents as early as possible:

Targeted scanning/probing of critical networks/systems;
Compromise of critical systems/information;
Unauthorized access of IT systems/data;
Defacement of website or intrusion into a website and unauthorized changes such as inserting malicious code, links to external websites, etc.;
Malicious code attacks such as spreading of virus/worm/Trojan/botnets/spyware;
Attacks on servers such as database, mail, and DNS and network devices such as routers;
Identity theft, spoofing and phishing attacks;
Denial of Service (DoS) and Distributed Denial of Service (DDoS) attacks;
Attacks on critical infrastructure, SCADA systems and wireless networks;
Attacks on applications such as e-governance, e-commerce, etc.

The CERT Rules also impose an obligation on service providers, intermediaries, data centres and body corporates to report cyber incidents within a reasonable time so that CERT-In may have scope for timely action. This mandatory obligation of reporting incidents casts a fairly wide net in terms of private sector entities, however it is notable that prima facie the provision does not impose any obligation on government entities to report cyber incidents unless they come under any of the expressions “service providers”, “data centres”, “intermediaries” or “body corporate”. This would mean that if the data kept with the Registrar General & Census Commissioner of India is hacked in a cyber incident, then there is no statutory obligation under the CERT Rules on it to report the incident. It is pertinent to mention here that although there is no obligation on a government department under law to report such an incident, such an obligation may be contained in its internal rules and guidelines, etc. which are not readily available.

It is pertinent to note that although the CERT Rules provide for a mandatory obligation to report the cyber incidents listed therein, the Rules themselves do not provide for any penalty for non compliance. However this does not mean that there are no consequences for non compliance, it just means that we have to look to the parent legislation i.e. the IT Act for the appropriate penalties for non compliance. Section 70B(6) gives the CERT-In the power to call for information and give directions for the purpose of carrying out its functions. Section 70B(7) provides that any service provider, intermediary, data center, body corporate or person who fails to provide the information called for or comply with the direction under sub-section (6), shall be liable to imprisonment for a period up to 1 (one) year or fine of up to 1 (one) lakh or both.

It is possible to argue here that sub-section (6) only talks about calls for information by CERT-In and the obligation under Rule 12 of the CERT Rules is an obligation placed by the central government and not CERT-In. It can also be argued that sub-section (6) is only meant for specific requests made by CERT-In for information and sub-section (7) only penalises those who do not respond to these specific requests. However, even if these arguments were to be accepted and we were to conclude that a violation of the obligation imposed under Rule 12 would not attract the penalty stipulated under sub-section (7) of section 70B, that does not mean that Rule 12 would be left toothless. Section 44(b) of the IT Act provides that where any person is required under any of the Rules or Regulations under the IT Act to furnish any information within a particular time and such person fails to do so, s/he may be liable to pay a penalty of upto Rs. 5,000/- for every day such failure continues. Further section 45 provides for a further penalty of Rs.25,000/- for any contravention of any of the rules or regulations under the Act for which no other penalty has been provided.

Incident Reporting under Intermediary Guidelines

Section 2(1)(w) of the IT Act defined the term “intermediary” in the following manner;

“intermediary” with respect to any particular electronic record, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online market places and cyber cafes.

Rule 3(9) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “Intermediary Guidelines”) also imposes an obligation on any intermediary to report any cyber incident and share information related to cyber security incidents with the CERT-In. Since neither the Intermediary Guidelines not the IT Act specifically provide for any penalty for non conformity with Rule 3(9) therefore any enforcement action against an intermediary failing to report a cyber security incident would have to be taken under section 45 of the IT Act containing a penalty of Rs. 25,000/-.

Incident Reporting under the Unified License

Clause 39.10(i) of the Unified License Agreement obliges the telecom company to create facilities for the monitoring of all intrusions, attacks and frauds on its technical facilities and provide reports on the same to the Department of Telecom (DoT). Further clause 39.11(ii) provides that for any breach or inadequate compliance with the terms of the license, the telecom company shall be liable to pay a penalty amount of Rs. 50 crores (Rs. 50,00,00,000) per breach.

Conclusion

It is clear from the above discussion that there is a legal obligation service providers to report cyber incidents to the CERT-In. Presently, the penalty prescribed under Indian law may not be enough to incentivise companies to adopt comprehensive and consistent incident response programmes. , except in cases of telecom companies under the Unified License Agreement. A fine of Rs. 25,000/- appears to be inconsequential when compared to the possible dangers and damages that may be caused due to a security breach of data containing, for example, credit card details.. Further, it is also imperative that apart from the obligation to report the cyber incident to the appropriate authorities (CERT-In) there should also be a legal obligation to report it to the data subjects whose data is stolen or is put at risk due to the said breach. A provision requiring notice to the data subjects could go a long way in ensuring that service providers, intermediaries, data centres and body corporates implement the best data security practices since a breach would then be known by general consumers leading to a flurry of bad publicity which could negatively impact the business of the data controller, and for a business entity an economic stimulus may be an effective way to ensure compliance.

As we continue to research incident response, the questions and areas we are exploring include the ecosystem of incidence response including what is reported, how, and when, appropriate incentives to companies and governments to report incidents, various forms of penalties, the role of cross border sharing of information and jurisdiction and best practices for incident reporting and citizen awareness.

Published under Creative Commons License CC BY-SA. Anyone can distribute, remix, tweak, and build upon this document, even for commercial purposes, as long as they credit the creator of this document and license their new creations under the terms identical to the license governing this document

^[1] http://www.huffingtonpost.in/2016/10/21/atm-card-hack-what-banks-are-saying-about-india-s-biggest-data/

^[2] http://tech.economictimes.indiatimes.com/news/internet/cert-in-had-warned-banks-on-oct-7-about-expected-targeted-attacks-from-pakistan/54991025

For more details visit https://cis-india.org/internet-governance/blog/incident-response-requirements-in-indian-law

How private companies are using Aadhaar to try to deliver better services (but there's a catch)

praskrishna — 2016-12-23T02:04:59Z

They are gathering more information on you.

The article by M. Rajshekhar was published in Scroll.in on December 22, 2016. Sunil Abraham was quoted.

In 2006, Ajay Trehan set up AuthBridge, a background verification company in Gurgaon. That was a time when business process outsourcing was booming. Global companies like Citibank were relocating back-office functions to India. Outfits like AuthBridge sprang up in response to help these companies find qualified staffers. They vetted applicants by running identity checks, verifying education and employment records, doing reference checks and more.

Ten years later, AuthBridge’s client profile has changed. With rising insecurity over crimes in India’s cities, like the December 2012 gangrape in Delhi, or the rape of a young woman in an Uber taxi in 2014, local companies – sizeably from e-commerce and businesses with delivery services – have also started vetting employees and partners to check if they have any criminal history. “Now, we have about 700-800 clients,” said Trehan. “Of them, just 20%-30% are foreign companies.”

AuthBridge’s verification process has changed too. Earlier, its employees used to physically verify the credentials of an applicant by travelling to her school or college, meeting her previous employer, vetting her identity papers with the government department that issued them, and so on.

Now they simply run a query on an electronic database.

Aadhaar enters the private sector

Aadhaar, as India’s Unique Identity Project is called, aims to give a 12-digit unique identity number to all residents by collecting their fingerprint and iris scans. As of September, its database, maintained by the Unique Identity Authority of India, held the names, addresses and biometric information of more than 105 crore people.

The project was created by the United Progressive Alliance government in 2009 to reduce leakages in the country’s welfare programmes.

But, quietly, a range of private sector companies have started using it. This includes verification firms like Authbridge, banks like HDFC, telecommunications companies like Reliance Jio, among others.

So far, most discussions on Aadhaar have focused on its utility for welfare delivery and the risk of government surveillance. But as private sector companies incorporate Aadhaar into their systems, fresh questions and concerns are emerging about what this means. A recent tweet by a journalist that went viral encapsulated these concerns.

To understand the rewards and risks of the use of Aadhaar by private companies, here is a detailed look at how they are using it.

Five ways of using Aadhaar

The first way in which companies are using Aadhaar is pure authentication. This is how Authbridge uses Aadhaar. It sends a name and Aadhaar number to the Unique Identity Authority’s server, which responds to say whether they have matched.

Apart from background verification companies, Aadhaar-based authentication can also be used by employers. “A factory hiring women or a security agency hiring guards and wanting to be sure these people are who they claim to be,” said Pramod Varma, the chief architect and technology advisor for the Aadhaar project.

It could also be used by regulated entities with strong Know Your Customer or KYC norms like banks or telecommunications companies. In the old days of branch-based banking, KYC was not a problem, said Varma, since “the bank manager knew all his customers”. But now, KYC is much harder since banks have moved to “core banking with millions of accounts in the server”. Instant Aadhaar-authentication, he said, is useful for verifying customers.

The second is authentication plus. Here, at the time of authentication, a company also downloads the customer’s data from the Aadhaar database. This is what companies like Reliance Jio are doing.

When a customer provides his Aadhaar number to the company, the company not only runs a query on the Aadhaar database to verify the name and number, it also downloads other information about the customer held on the server, like address, date of birth and gender.

This data can be used to electronically fill out the Know Your Customer forms, replacing what is right now a manual process, said Anupam Varghese, the head (products) of Eko India Financial Services, a financial services startup in the phone banking and remittances segment.

It is a disruptive proposition that companies find useful. In India, the cost of enrolling customers is so high, said Abhishek Sinha, the founder of Eko, that it prices a set of financial products beyond the reach of most Indians. “Authenticating a credit card customer and vetting her identity papers will cost anywhere between Rs 150-Rs 200,” he said. A company can recover that investment only if the customer racks up at least Rs 10,000 on the card, assuming a 2% margin on card transactions.

With its instant authentication and automatic form filling, Aadhaar-based electronic Know Your Customer, said Sinha, slashes those costs and makes it easier for companies to offer financial products which become viable even with a smaller volume of transactions. This allows the growth of financial products for less affluent customer segments.

Subsequently, these companies might pad up those databases by adding their own data. This is a third model of using Aadhaar: authentication plus private database.

For instance, TrustID, a mobile app which claims it can verify “your maid, driver, electrician, tutor, tenant and all service professionals” using Aadhaar, wants users to rate the services of the people they eventually employ. In effect, it is creating a private database.

Others, like Eko, are adding financial transaction histories to the Aadhaar data.

While these three uses are built around Aadhaar-based authentication, the remaining three uses – database sharing, data broking, deduplication – pivot around use of just the Aadhaar number. They are based on recent changes in how companies use customer data.

The customer data boom

Customer data has acquired centrality for several Indian companies, particularly startups in e-commerce and financial services.

In some sectors, Varma said, “the cost of switching [between rival companies] is very low,” which heightens the need for customisation. “The better you can serve, they more sticky you get for a customer.” In other sectors, said Varghese, competition chips away at margins. Which is another reason to try and come up with better services and products.

This is where data can help.

In a conversation in October, Nandan Nilekani, software entrepreneur and the first chairperson of the Unique Identity Authority of India, explained why. “Companies like Ola compete with global companies like Uber which have a tremendous advantage in that they have more data – more customers globally – and better algorithms,” he said. If Ola has 5 million customers, Uber has 100 million. Which means Uber’s algorithms – thanks to pattern recognition and machine learning – will be more accurate.

For all these reasons, said Varma, companies in a handful of business verticals are trying to create “a 360 degree view of their customer”.

What has enabled this is a couple of technological trends. The ability to store and process data, said Nilekani, has gone up enormously in the last 15 years. At the same time, data itself has proliferated as electronic devices like mobile phones create records of voice, photos, messages and the locations of customers.

“All this is realtime data. So, on scale, speed and frequency, we have seen a jump,” said Nilekani.

This rising appetite for data is resulting in a couple of novel outcomes.

Enter, the sharing of customer data

Indian companies have begun sharing databases.

A good example is an experimental partnership between Eko, the banking and remittances company, and Capital Float, a financial services startup which gives short term loans.

The two companies worked out an arrangement where Eko shared a part of its database about its distributors with Capital Float. This shared information contained aggregated and anonymised information on distributors and their working capital positions, said Varghese. Capital Float evaluated the database and came back with a list of distributors it could lend to. Eko, then, forwarded these offers to the distributors. After taking their consent, data about the distributors who were interested in the loans was shared with Capital Float.

On the surface, this is a counter-intuitive development: if customer data holds the key to competitive advantage, companies should closely safeguard their data.

But as it turns out, there are strong reasons to share data.

Both Eko and Capital Float, for instance, are small, specialised players in the financial services market which is dominated by banks. Data sharing is one way to compete with banks by offering complementary services to customers.

It is not clear how endemic data-sharing will get. According to Varma, it will be used selectively. “I cannot see organisations sharing databases at will,” he said. “They will be shared only if they can be used to offer an additional service to the client.”

But a programmer who works at iSpirt, a product software evangelising association based in Bangalore, and who did not want to be identified, said the trend will grow. In the financial sector, as new players like mobile wallet companies acquire more customers, banks that refuse to share data will miss out on emergent markets, he said. “Keeping everything behind closed doors – not participating in data exchanges – is now harmful,” he said.

Sunil Abraham, who heads the Centre For Internet and Society, foresees the rise of another kind of data-sharing – by companies that aggregate customer data from multiple sources and market that to clients. These could be data brokers like US-based Acziom, he said. These could also be more specialised firms like medical transcription companies, which simultaneously serve hospitals, insurance and pharmaceutical companies.

The question is: what does all this have to do with Aadhaar?

The utility of Aadhaar

Aadhaar makes it easier to compare and combine diverse databases.

This is what India’s microfinance companies are doing. As Scroll.in reported recently, Microfinance Institutions Network, an association of microlenders, has told its member companies to seed the Aadhaar numbers of their borrowers into their databases. By searching the databases for the Aadhaar number of a prospective borrower, it will be possible to identify if she has already taken too many loans.

This is a scenario Nilekani bristles at. “You do not need Aadhaar for that,” he said. “You can triangulate databases using email or phone number or name.”

But the iSpirt programmer said, “With Aadhaar, the level of certainty is higher than what you would get by using name, phone number or email.” Between databases, the spelling of names might vary. Phone numbers change, especially in a country like India where prepaid mobile connections outnumber postpaid connections. Only a small part of the country’s population uses email. With Aadhaar, said the programmer, it gets easier to correlate databases.

Aadhaar, added Varma, can also be used to clean up databases. Banks, he said, can use the Aadhaar number to create better customer profiles by identifying all accounts owned by a person. This is the fifth use – deduplication.

What it all means

The implications are obvious. A lot of companies already had databases about their customers. Now, as Nilekani said, technology is allowing the collection of ever greater amounts of information about us. The sharing of databases means companies will have ever more detailed customer profiles.

In a sense, we are entering a future where multiple databases – including several that we are not even aware of – will contain information about us. A hospital and an insurance company might share their records. Or intermediary companies, which service both of them, might create their own databases.

This information will materially affect our lives. As already happens online, companies will increasingly base their products on algorithms that parse data about our behaviour and then offer a customised price – which could be geared to serve or exploit us.

These algorithms, as Propublica reported, can be opaque.

In a sense, much of this is a familiar trajectory. The United States too, as the iSpirt programmer said, “saw a lot of irresponsible data sharing without enough control for civilians”.

That is where India is heading as well. As Scroll noted in its article about TrustID, when the company creates scores for the workers who use its app, they might not always be aware of that rating – or be in a position to challenge that rating.

There are large questions here. Who owns the data about you in a company’s database? Take your information in, say, Ola’s database – the address from where you get picked up or dropped, the phone number, the places you visit most often. Is the data owned by you, Ola or the driver? Should you have a say if a company wants to share this data? If you grant permission, how does one ensure it is used correctly?

Right now, as the next story in this series will show, this is a poorly regulated landscape.

This is the third part in a series on the expansion of Aadhaar and the concerns around it. The first two parts can be read here.

We welcome your comments at letters@scroll.in.

For more details visit https://cis-india.org/internet-governance/news/scroll-m-rajshekhar-how-private-companies-are-using-aadhaar-to-deliver-better-services-but-theres-a-catch

Multistakeholder Consultation on Encryption

praskrishna — 2016-12-17T01:22:35Z

The Centre for Internet & Society (CIS) in collaboration with ORF and Takshashila Institution is organizing a Multi-Stakeholder Consultation on Encryption on December 17, 2016 at TERI in Bengaluru.

The consultation is intended to help shape the discussions around the new draft encryption policy slated to be released sometime early next year. The consultation will be divided into two segments: an open house and a panel discussion with high-level government representatives, including Dr. Gulshan Rai, the National Cyber Security Coordinator. The sessions start at 10.30 a.m. on December 17, 2016 and will go on for until approximately 4.30 p.m.

The discussions themselves will highlight inputs from the three main constituents affected by an encryption policy: civil society and end users, the private sector and government. The range of civil liberties and constitutional rights implicated by encryption, as well as the needs of businesses to secure data flows will be discussed. Government officials too are expected to join the consultation and will provide perspectives on encryption and legitimate access to data for law enforcement purpose.

For more info reach out to Udbhav Tiwari (udbhav@cisindia.org) or Bedavyasa Mohanty (bedavyasam@orfonline.org)

For more details visit https://cis-india.org/internet-governance/events/multistakeholder-consultation-on-encryption

Deep Packet Inspection: How it Works and its Impact on Privacy

amber — 2016-12-16T23:14:49Z

In the last few years, there has been extensive debate and discussion around network neutrality in India. The online campaign in favor of Network Neutrality was led by Savetheinternet.in in India. The campaign was a spectacular success and facilitated sending over a million emails supporting the cause of network neutrality, eventually leading to ban on differential pricing. Following in the footsteps of the Shreya Singhal judgement, the fact that the issue of net neutrality has managed to attract wide public attention is an encouraging sign for a free and open Internet in India. Since the debate has been focused largely on zero rating, other kinds of network practices impacting network neutrality have yet to be comprehensively explored in the Indian context, nor their impact on other values. In this article, the author focuses on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users.

Background

In the last few years, there has been extensive debate and discussion around network neutrality in India. The online campaign in favor of Network Neutrality was led by Savetheinternet.in in India. The campaign, captured in detail by an article in Mint, ^{^[1]} was a spectacular success and facilitated sending over a million emails supporting the cause of network neutrality, eventually leading to ban on differential pricing. Following in the footsteps of the Shreya Singhal judgement, the fact that the issue of net neutrality has managed to attract wide public attention is an encouraging sign for a free and open Internet in India. Since the debate has been focused largely on zero rating, other kinds of network practices impacting network neutrality have yet to be comprehensively explored in the Indian context, nor their impact on other values. In this article, I focus on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users.

The Architecture of the Internet

The Internet exists as a network acting as an intermediary between providers of content and it users. ^{^[2]} Traditionally, the network did not distinguish between those who provided content and those who were recipients of this service, in fact often, the users also functioned as content providers. The architectural design of the Internet mandated that all content be broken down into data packets which were transmitted through nodes in the network transparently from the source machine to the destination machine.^{^[3]} As discussed in detail later, as per the OSI model, the network consists of 7 layers. We will go into each of these layers in detail below, however is important to understand that at the base is the physical layer of cables and wires, while at the top is application layer which contains all the functions that people want to perform on the Internet and the content associated with it. The layers in the middle can be characterised as the protocol layers for the purpose of this discussion. What makes the architecture of the Internet remarkable is that these layers are completely independent of each other, and in most cases, indifferent to the other layers. The protocol layer is what impacts net neutrality. It is this layer which provides the standards for the manner in which the data must flow through the network. The idea was for the it to be as simple and feature free as possible such that it is only concerned with the transmission data as fast as possible ('best efforts principle') while innovations are pushed to the layers above or below it.^{^[4]}

This aspect of the Internet's architectural design, which mandates that network features are implemented as the end points only (destination and source machine), i.e. at the application level, is called the 'end to end principle'.^{^[5]} This means that the intermediate nodes do not differentiate between the data packets in any way based on source, application or any other feature and are only concerned with transmitting data as fast as possible, thus creating what has been described as a 'dumb' or neutral network. ^{^[6]} This feature of the Internet architecture was also considered essential to what Jonathan Zittrain has termed as the 'generative' model of the Internet.^{^[7]} Since, the Internet Protocol remains a simple layer incapable of discrimination of any form, it meant that no additional criteria could be established for what kind of application would access the Internet. Thus, the network remained truly open and ensured that the Internet does not privilege or become the preserve of a class of applications, nor does it differentiate between the different kinds of technologies that comprise the physical layer below.

While the above model speaks of a dumb network not differentiating between the data packets that travel through it, in truth, the network operators engage in various kinds of practices that priorities, throttle or discount certain kinds of data packets. In her thesis essay at the Oxford Internet Institute, Alissa Cooper^{^[8]} states that traffic management involves three different set of criteria- a) Some subsets of traffic needs to be managed, and arriving at a criteria to identify those subsets the criteria can be based on source, destination, application or users, b) Trigger for the traffic management measure which - could be based upon time of the day, usage threshold or a specific network condition, and c) the traffic treatment put into practice when the trigger is met. The traffic treatment can be of three kinds. The first is Blocking, in which traffic is prevented from being delivered. The second is Prioritization under which identified traffic is sent sooner or later. This is usually done in cases of congestion and one kind of traffic needs to be prioritized. The third kind of treatment is Rate limiting where identified traffic is limited to a defined sending rate.^{^[9]} The dumb network does not interfere with an application's operation, nor is it sensitive to the needs of an application, and in this way it treats all information sent over it as equal. In such a network, the content of the packets is not examined, and Internet providers act according to the destination of the data as opposed to any other factor. However, in order to perform traffic management in various circumstances, Deep packet Inspection technology, which does look at the content of data packets is commonly used by service providers.

Deep Packet Inspection

Deep packet inspection (DPI) enables the examination of the content of a data packets being sent over the Internet. Christopher Parsons explains the header and the payload of a data packet with respect to the OSI model. In order to understand this better, it is more useful to speak of network in terms of the seven layers in the OSI model as opposed to the three layers discussed above.^{^[10]}

Under the OSI model, the top layer, the Application Layer is in contact with the software making a data request. For instance, if the activity in question is accessing a webpage, the web-browser makes a request to access a page which is then passed on to the lower layers. The next layer is the Presentation Layer which deals with the format in which the data is presented. This lateral performs encryption and compression of the data. In the above example, this would involve asking for the HTML file. Next comes the Session Layer which initiates, manages and ends communication between the sender and receiver. In the above example, this would involve transmitting and regulating the data of the webpage including its text, images or any other media. These three layers are part of the 'payload' of the data packet.^{^[11]}

The next four layers are part of the 'header' of the data packet. It begins with the Transport Layer which collects data from the Payload and creates a connection between the point of origin and the point of receipt, and assembles the packets in the correct order. In terms of accessing a webpage, this involves connecting the requesting computer system with the server hosting the data, and ensuring the data packets are put together in an arrangement which is cohesive when they are received. The next layer is the Data Link Layer. This layer formats the data packets in such a way that that they are compatible with the medium being used for their transmission. The final layer is the Physical Layer which determines the actual media used for transmitting the packets.^{^[12]}

The transmission of the data packet occurs between the client and server, and packet inspect occurs through some equipment placed between the client and the server. There are various ways in which packet inspection has been classified and the level of depth that the inspection needs to qualify in order to be categorized as Deep Packet Inspection. We rely on Parson's classification system in this article. According to him, there are three broad categories of packet inspection - shallow, medium and deep.^{^[13]}

Shallow packet inspection involves the inspection of the only the header, and usually checking it against a blacklist. The focus in this form of inspection is on the source and destination (IP address and packet;s port number). This form of inspection primarily deals with the Data Link Layer and Network Layer information of the packet. Shallow Packet Inspection is used by firewalls.^{^[14]}

Medium Packet Inspection involves equipment existing between computers running the applications and the ISP or Internet gateways. They use application proxies where the header information is inspected against their loaded parse-list and used to look at a specific flows. These kinds of inspections technologies are used to look for specific kinds of traffic flows and take pre-defined actions upon identifying it. In this case, the header and a small part of the payload is also being examined.^{^[15]}

Finally, Deep Packet Inspection (DPI) enables networks to examine the origin, destination as well the content of data packets (header and payload). These technologies look for protocol non-compliance, spam, harmful code or any specific kinds of data that the network wants to monitor. The feature of the DPI technology that makes it an important subject of study is the different uses it can be put to. The use cases vary from real time analysis of the packets to interception, storage and analysis of contents of a packets.^{^[16]}

The different purposes of DPI

Network Management and QoS

The primary justification for DPI presented is network management, and as a means to guarantee and ensure a certain minimum level of QoS (Quality of Service). Quality of Service (QoS) as a value conflicting with the objectives of Network Neutrality, has emerged as a significant discussion point in this topic. Much like network neutrality, QoS is also a term thrown around in vague, general and non-definitive references. The factors that come into play in QoS are network imposed delay, jitter, bandwidth and reliability. Delay, as the name suggests, is the time taken for a packet to be passed by the sender to the receiver. Higher levels of delay are characterized by more data packets held 'in transit' in the network. ^{^[17]} A paper by Paul Ferguson and Geoff Huston described the TCP as a 'self clocking' protocol.^{^[18]} This enables the transmission rate of the sender to be adjusted as per the rate of reception by the receiver. As the delay and consequent stress on the protocol increases, this feedback ability begins to lose its sensitivity. This becomes most problematic in cases of VoIP and video applications. The idea of QoS generally entails consistent service quality with low delay, low jitter and high reliability through a system of preferential treatment provided to some traffic on a criteria formulated around the need of such traffic to have greater latency sensitivity and low delay and jitter. This is where Deep Packet Inspection comes into play. In 1991, Cisco pioneered the use of a new kind of router that could inspect data packets flowing through the network. DPI is able to look inside the packets and its content, enabling it to classify packets according to a formulated policy. DPI, which was used a security tool, to begin with, is a powerful tool as it allows ISPs to limit or block specific applications or improve performances of applications in telephony, streaming and real-time gaming. Very few scholars believe in an all-or-nothing approach to network neutrality and QoS and debate often comes down to what forms of differentiations are reasonable for service providers to practice. ^{^[19]}

Security

Deep Packet inspection was initially intended as a measure to manage the network and protect it from transmitting malicious programs . As mentioned above, Shallow Packet Inspection was used to secure LANs and keep out certain kinds of unwanted traffic. ^{^[20]} Similarly, DPI is used for identical purposes, where it is felt useful to enhance security and complete a 'deeper' inspection that also examines the payload along with the header information.

Surveillance

The third purpose of DPI is what concerns privacy theorists the most. The fact that DPI technologies enable the network operators to have access to the actual content of the data packets puts them a position of great power as well as making them susceptible to significant pressure from the state. ^{^[21]} For instance, in US, the ISPs are required to conform to the provisions of the Communications Assistance for Law Enforcement Act (CALEA) which means they need to have some surveillance capacities designed into their systems. What is more disturbing for privacy theorists compared to the use of DPI for surveillance under legislation like CALEA, are the other alleged uses by organisation like the National Security Agency through back end access to the information via the ISPs. Aside from the US government, there have been various reports of use of DPI by governments in countries like China,^{^[22]} Malaysia^{^[23]} and Singapore. ^{^[24]}

Behavioral targeting

DPI also enables very granular tracking of the online activities of Internet users. This information is invaluable for the purposes of behavioral targeting of content and advertising. Traditionally, this has been done through cookies and other tracking software. DPI allows new way to do this, so far exercised only through web-based tools to ISPs and their advertising partners. DPI will enable the ISPs to monitor contents of data packets and use this to create profiles of users which can later be employed for purposes such as targeted advertising. ^{^[25]}

Impact on Privacy

Each of the above use-cases has significant implications for the privacy of Internet users as the technology in question involves access, tracking or retention of their online communication and usage activity.

Alyssa Cooper compares DPI with other technologies carrying out content inspection such as caching services and individual users employing firewalls or packet sniffers. She argues that one of the most distinguishing feature of DPI is the potential for "mission-creep." ^{^[26]} Kevin Werbach writes that while networks may deploy DPI for implementation under CALEA or traffic peer-to-peer shaping, once deployed DPI techniques can be used for completely different purposes such as pattern matching of intercepted content and storage of raw data or conclusions drawn from the data.^{^[27]} This scope of mission creep is even more problematic as it is completely invisible. As opposed to other technologies which rely on cookies or other web-based services, the inspection occurs not at the end points, but somewhere in the middle of the network, often without leaving any traces on the user's system, thus rendering them virtually undiscoverable.

Much like other forms of surveillance, DPI threatens the sense that the web is a space where people can engage freely with a wide range of people and services. For such a space to continue to exist, it is important for people to feel secure about their communication and transaction on medium. This notion of trust is severely harmed by a sense that users are being surveilled and their communication intercepted. This has obvious chilling effect on free speech and could also impact electronic commerce.^{^[28]}

Allyssa Cooper also points out another way in which DPI differs from other content tracking technologies. As the DPI is deployed by the ISPs, it creates a greater barrier to opting out and choosing another service. There are only limited options available to individuals as far as ISPs are concerned. Christopher Parsons does a review of ISPs using DPI technology in UK, US and Canada and offers that various ISPs do provide in their terms of services that they use DPI for network management purposes. However, this information is often not as easily accessible as the terms and conditions of online services. A;so, As opposed to online services, where it is relatively easier to migrate to another service, due to both presence of more options and the ease of migration, it is a much longer and more difficult process to change one's ISP.^{^[29]}

Measures to mitigate risk

Currently, there are no existing regulatory frameworks in India which deal govern DPI technology in any way. The International Telecommunications Union (ITU) prescribes a standard for DPI^{^[30]} however, the standard does not engage with any questions of privacy and requires all DPI technologies to be capable of identifying payload data, and prescribing classification rules for specific applications, thus, conflicting with notions of application agnosticism in network management. More importantly, the requirements to identify, decrypt and analyse tunneled and encrypted data threaten the reasonable expectation of privacy when sending and receiving encrypted communication. In this final section, I look at some possible principles and practices that may be evolved in order to mitigate privacy risks caused due to DPI technology.

Limiting 'depth' and breadth

It has been argued that inherently what DPI technology intends to do is matching of patterns in the inspected content against a pre-defined list which is relevant to the purpose how which DPI is employed. Much like data minimization principles applicable to data controllers and data processors, it is possible for network operators to minimize the depth of the inspection (restrict it to header information only or limited payload information) so as to serve the purpose at hand. For instance, in cases where the ISP is looking to identify peer-to-peer traffic, there are protocols which declare their names in the application header itself. Similarly, a network operators looking to generate usage data about email traffic can do so simply by looking at port number and checking them against common email ports.^{^[31]} However, this mitigation strategy may not work well for other use-cases such as blocking malicious software or prohibited content or monitoring for the sake of behavioral advertising.

While depth referred to the degree of inspection within data packets, breadth refers to the volume of packets being inspected. Alyssa Cooper argues that for many DPI use cases, it may be possible to rely on pattern matching on only the first few data packets in a flow, in order to arrive at sufficient data to take appropriate response. Cooper uses the same example about peer-to-peer traffic. In some cases, the protocol name may appear on the header file of only the first packet of a flow between two peers. In such circumstances, the network operators need not look beyond the header files of the first packet in a flow, and can apply the network management rule to the entire flow.^{^[32]}

Data retention

Aside from the depth and breadth of inspection, another important question whether and for along is there a need for data retention. All use cases may not require any kind of data retention and even in case where DPI is used for behavioral advertising, only the conclusions drawn may be retained instead of retaining the payload data.

Transparency

One of the issues is that DPI technology is developed and deployed outside the purview of standard organizations like ISO. Hence, there has been a lack of open, transparent standards development process in which participants have deliberated the impact of the technology. It is important for DPI to undergo these process which are inclusive, in that there is participation by non-engineering stakeholders to highlight the public policy issues such as privacy. Further, aside from the technology, the practices by networks need to be more transparent. ^{^[33]} Disclosure of the presence of DPI, the level of detail being inspected or retained and the purpose for deployment of DPI can be done. Some ISPs provide some of these details in their terms of service and website notices. ^{^[34]} However, as opposed to web-based services, users have limited interaction with their ISP. It would be useful for ISPs to enable greater engagement with their users and make their practices more transparent.

Conclusion

The very nature of of the DPI technology renders some aspects of recognized privacy principles like notice and consent obsolete. The current privacy frameworks under FIPP^{^[35]} and OECD ^{^[36]} rely on the idea of empowering the individual by providing them with knowledge and this knowledge enables them to make informed choices. However, for this liberal conception of privacy to function meaningfully, it is necessary that there are real and genuine choices presented to the alternatives. While some principles like data minimisation, necessity and proportionality and purpose limitation can be instrumental in ensuring that DPI technology is used only for legitimate purposes, however, without effective opt-out mechanisms and limited capacity of individual to assess the risks, the efficacy of privacy principles may be far from satisfactory.

The ongoing Aadhaar case and a host of surveillance projects like CMS, NATGRID, NETRA^{^[37]} and NMAC ^{^[38]} have raised concerns about the state conducting mass-surveillance, particularly of online content. In this regard, it is all the more important to recognise the potential of Deep Packet Inspection technologies for impact on privacy rights of individuals. Earlier, the Centre for Internet and Society had filed Right to Information applications with the Department of Telecommunications, Government of India regarding the use of DPI, and the government had responded that there was no direction/reference to the ISPs to employ DPI technology. ^{^[39]} Similarly, MTNL also responded to the RTI Applications and denied using the technology.^{^[40]} It is notable though, that they did not respond to the questions about the traffic management policies they follow. Thus, so far there has been little clarity on actual usage of DPI technology by the ISPs.

^{^[1]} Ashish Mishra, "India's Net Neutrality Crusaders", available at http://mintonsunday.livemint.com/news/indias-net-neutrality-crusaders/2.3.2289565628.html

^{^[2]} http://www.livinginternet.com/i/iw_arch.htm

^{^[3]} Vinton Cerf and Robert Kahn, "A protocol for packet network intercommunication", available at https://www.semanticscholar.org/paper/A-protocol-for-packet-network-intercommunication-Cerf-Kahn/7b2fdcdfeb5ad8a4adf688eb02ce18b2c38fed7a

^{^[4]} Paul Ganley and Ben Algove, "Network Neutrality-A User's Guide", available at http://wiki.commres.org/pds/NetworkNeutrality/NetNeutrality.pdf

^{^[5]} J H Saltzer, D D Clark and D P Reed, "End-to-End arguments in System Design", available at http://web.mit.edu/Saltzer/www/publications/endtoend/endtoend.pdf

^{^[6]} Supra Note 4.

^{^[7]} Jonathan Zittrain, The future of Internet - and how to stop it, (Yale University Press and Penguin UK, 2008) available at https://dash.harvard.edu/bitstream/handle/1/4455262/Zittrain_Future%20of%20the%20Internet.pdf?sequence=1

^{^[8]} Alissa Cooper, How Regulation and Competition Influence Discrimination in Broadband Traffic Management: A Comparative Study of Net Neutrality in the United States and the United Kingdom available at http://ora.ox.ac.uk/objects/uuid:757d85af-ec4d-4d8a-86ab-4dec86dab568

^{^[9]} Id .

^{^[10]} Christopher Parsons, "The Politics of Deep Packet Inspection: What Drives Surveillance by Internet Service Providers?", available at https://www.christopher-parsons.com/the-politics-of-deep-packet-inspection-what-drives-surveillance-by-internet-service-providers/ at 15.

^{^[11]} Ibid at 16.

^{^[12]} Id .

^{^[13]} Ibid at 19.

^{^[14]} Id .

^{^[15]} Id .

^{^[16]} Jay Klein, "Digging Deeper Into Deep Packet Inspection (DPI)", available at http://spi.unob.cz/papers/2007/2007-06.pdf

^{^[17]} Tim Wu, "Network Neutrality: Broadband Discrimination", available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863

^{^[18]} Paul Ferguson and Geoff Huston, "Quality of Service on the Internet: Fact, Fiction,

or Compromise?", available at http://www.potaroo.net/papers/1998-6-qos/qos.pdf

^{^[19]} Barbara van Schewick, "Network Neutrality and Quality of Service: What a non-discrimination Rule should look like", available at http://cyberlaw.stanford.edu/downloads/20120611-NetworkNeutrality.pdf

^{^[20]} Supra Note 14.

^{^[21]} Paul Ohm, "The Rise and Fall of Invasive ISP Surveillance," available at http://paulohm.com/classes/infopriv10/files/ExcerptOhmISPSurveillance.pdf

^{^[22]} Ben Elgin and Bruce Einhorn, "The great firewall of China", available at http://www.bloomberg.com/news/articles/2006-01-22/the-great-firewall-of-china .

^{^[23]} Mike Wheatley, "Malaysia's Web Heavily Censored Before Controversial Elections", available at http://siliconangle.com/blog/2013/05/06/malaysias-web-heavily-censored-before-controversial-elections/

^{^[24]} Fazal Majid, "Deep packet inspection rears it ugly head" available at https://majid.info/blog/telco-snooping/.

^{^[25]} Alissa Cooper, "Doing the DPI Dance: Assessing the Privacy Impact of Deep Packet Inspection," in W. Aspray and P. Doty (Eds.), Privacy in America: Interdisciplinary Perspectives, Plymouth, UK: Scarecrow Press, 2011 at 151.

^{^[26]} Ibid at 148.

^{^[27]} Kevin Werbach, "Breaking the Ice: Rethinking Telecommunications Law for the Digital Age", Journal of Telecommunications and High Technology, available at http://www.jthtl.org/articles.php?volume=4

^{^[28]} Supra Note 25 at 149.

^{^[29]} Supra Note 25 at 147.

^{^[30]} International Telecommunications Union, Recommendation ITU-T.Y.2770, Requirements for Deep Packet Inspection in next generation networks, available at https://www.itu.int/rec/T-REC-Y.2770-201211-I/en.

^{^[31]} Supra Note 25 at 154.

^{^[32]} Ibid at 156.

^{^[33]} Supra Note 10.

^{^[34]} Paul Ohm, "The Rise and Fall of Invasive ISP Surveillance", available at http://paulohm.com/classes/infopriv10/files/ExcerptOhmISPSurveillance.pdf .

^{^[35]} http://www.nist.gov/nstic/NSTIC-FIPPs.pdf

^{^[36]} https://www.oecd.org/sti/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm

^{^[37]} "India's Surveillance State" Software Freedom Law Centre, available at http://sflc.in/indias-surveillance-state-our-report-on-communications-surveillance-in-india/

^{^[38]} Amber Sinha, "Are we losing our right to privacy and freedom on speech on Indian Internet", DNA, available at http://www.dnaindia.com/scitech/column-are-we-losing-the-right-to-privacy-and-freedom-of-speech-on-indian-internet-2187527

^{^[39]} http://cis-india.org/telecom/use-of-dpi-technology-by-isps.pdf

^{^[40]} Smita Mujumdar, "Use of DPI Technology by ISPs - Response by the Department of Telecommunications" available at http://cis-india.org/telecom/dot-response-to-rti-on-use-of-dpi-technology-by-isps

For more details visit https://cis-india.org/internet-governance/blog/deep-packet-inspection-how-it-works-and-its-impact-on-privacy