Centre for Internet and Society

Experts stress on need for enhanced security

praskrishna — 2017-05-20T06:13:19Z

With more and more people falling prey to phishing scams, experts believe that lack of adequate security features in online payment systems will only increase the number of such cases in the coming days. While admitting that the rise in such crimes would be hard to stop or control, cyber security consultants also blame the lack of preparedness before taking the digital economy route as a cause for such problems.

The article was published in the New Indian Express on May 6, 2017. Pranesh Prakash was quoted.

Speaking to Express, Dr A Nagarathna of the Advanced Centre on Cyber Law and Forensics, National Law School of India University, said that apart from the push for digital payment solutions, the merger of various State Bank entities also provided chances for criminals to exploit gullible people.

“People tend to give away critical information since cyber criminals seem so convincing. But they should remember that banks never collect such information over phone,” she said.

The cyber security features of banks and e-wallets are also questionable. Banks and e-wallet service providers should be held accountable for such crimes, so that they make an effort to ensure necessary safety measures, she said.

Pranesh Prakash, Policy Director at the Centre for Internet and Society, noted that there were security concerns with e-wallets. “Many e-wallet apps compromise on security in favour of convenience, but, at the same time, have terms of service that hold customers liable for financial losses. There have been many reports of criminals working with rogue telecom company employees to clone SIM cards and steal money via UPI and BHIM,” he said.

He also criticised the use of biometrics as the only factor for authorising payments to merchants using Aadhaar Pay. He noted, “Your fingerprints cannot be changed, unlike a PIN. So, if a merchant clones your fingerprint, you cannot revoke it or replace it the way you can with a debit card and a PIN.”

Another activist said the recommendations of Watal Committee, which looked into digital payments, should be implemented. “As of now, the law does not focus on the need for consumer protection in digital payments. The Payment and Settlement Systems Act, 2007, needs to be updated,” he said.

For more details visit https://cis-india.org/internet-governance/news/new-indian-express-may-6-2017-experts-stress-on-need-for-enhanced-security

Aadhaar data leak: Take precautions while sharing info on websites, MEITy tells all depts

praskrishna — 2017-05-19T14:59:38Z

‘Publishing identity info is in clear contravention of the provisions of the Aadhaar Act, 2016’

The article was published in the Indian Express on May 11, 2017.

In light of various Central and state government departments making public Aadhaar information of several users on their websites, the Ministry of Electronics and Information Technology (MEITy) has written to secretaries of all government departments asking them to sensitise the officials and take precautions while publishing or sharing data on their websites.

“It has come to notice that there have been instances wherein personal identity or information of residents, alongwith Aadhaar numbers and demographic information and other sensitive personal data such as bank details collected by ministries/departments, state departments for administration of welfare schemes etc. have been
published online,” IT secretary Aruna Sundararajan wrote in the letter dated April 24.

“Publishing identity information i.e. Aadhaar number along with demographic information is in clear contravention of the provisions of the Aadhaar Act, 2016 and constitutes an offence punishable with imprisonment up to three years. Further, publishing of financial information including bank details, being sensitive personal data, is also in contravention of provision under IT Act, 2000 with violations liable to pay damages by way of compensation to persons affected,” she noted.

According to media reports, Aadhaar numbers of hundreds of thousands of pension beneficiaries were published on a state government website, and was followed by Chandigarh’s Food and Civil Supplies Department revealing the Aadhaar information of beneficiaries of public distribution system. Following Sundararajan’s letter, various central government ministries have issued advisories to sensitise the officials and the web information managers to comply with the IT Act.

Earlier this month, a report by non-profit organisation The Centre for Internet and Society noted that up to 13.5 crore Aadhaar numbers were exposed and were publicly available on government websites, with about 10 crore of these being linked to bank account details. The 27-paged report — Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar Numbers with sensitive personal financial information — has collected Aadhaar data from four government portals.

Two of these are national portals: National Social Assistance Programme and Mahatma Gandhi National Rural Employment Guarantee Act, both under the rural development ministry. The other two studied by the report’s authors, Srinivas Kodali and Amber Sinha, are run by the AP government: a daily online payments report under MGNREGA by the state government, and Chandranna Bima Scheme.

“Based on the numbers available on the websites looked at, the estimated number of Aadhaar numbers leaked through these 4 portals could be around 130-135 million (13-13.5 crore) and the number of bank accounts numbers leaked at around 100 million (10 crore) from the specific portals we looked at,” the report stated.

The letter

“It has come to notice that there have been instances wherein…information of residents, alongwith Aadhaar numbers and demographic information…have been published online,” IT secretary Aruna Sundararajan wrote in the letter dated April 24

For more details visit https://cis-india.org/internet-governance/news/the-indian-express-may-11-2017-aadhaar-data-leak-take-precautions-while-sharing-info-on-websites-meity-tells-all-depts

Taking Cognisance of the Deeply Flawed System That Is Aadhaar

praskrishna — 2017-05-19T14:52:58Z

Aadhaar and its many connotations have grown to be among the most burning issues on the Indian fore today, that every citizen aware of their rights should be taking note of.

The article by Shreyashi Roy was published in the Wire on May 10, 2017.

With the leak of 130 million Aadhaar numbers recently coming to light, several activists, lawyers and ordinary citizens are up in arms about what is increasingly being viewed as a government surveillance system. Keeping this in mind, on Tuesday, May 9, Software Freedom Law Centre India (SFLC) hosted an event that brought together a panel to clearly articulate the dangers of Aadhaar and to discuss whether the biometric identification system is capable of being reformed.

SFLC is a donor-supported legal services organisation that calls itself a protector of civil liberties in the digital age.

Titled ‘Revisiting Aadhaar: Law, Tech and Beyond’, the discussion, with several eminent personalities who have in-depth knowledge of Aadhaar and its working, threw light on the various problems that have cropped up with regard to India’s unique identification system. The discussion was moderated by Saikat Datta, policy director at Centre for Internet and Society, which published the report that studied the third-party leaks of Aadhaar numbers and other personal data.

The leaks

The discussion took off from the point of the leaks, with Srinivas Kodali, a panelist and one of the authors of the report, explaining his methodology for the study that proved that the Aadhaar database lacked the security required when dealing with private information of people. He highlighted the fact that during the course of his research, he had noticed several leaks from government websites and notified the Unique Identification Authority of India (UIDAI) about the same. Yet, at every step, UIDAI continued to deny and reject the possibility of this happening. Kodali says, however, that he had noticed that the websites that were unknowingly leaking data were, in fact, fixing the leaks after being notified without acknowledging that the leak had happened in the first place. Kodali reiterated at the discussion, as in his report, that a simple tweaking of URL query parameters of the National Social Assistance Programme website could unmask and display private information. Unfortunately, UIDAI cannot be brought to task for unknowingly leaking information because there is no such provision.

He also addressed the question of the conflict of interest that existed in the entire system of building Aadhaar, which was created by developers who later left the UIDAI and built their own private companies, monetising the mine of private information that they were sitting on. Kodali blames UIDAI for this even being allowed, since the developers, though clearly lacking ethics, were in fact, merely volunteers.

The system

One of the glaring issues with the technology behind Aadhaar is that the software is not open source. Anivar Aravind, a panelist, called it “defected by design” and “bound to fail” because not only is the technology completely untested but there are very obvious leaks that are taking place. Moreover, UIDAI does not allow any third-party audits or any other persons to look at the technology. Datta pointed to the fact that this is unheard of in other nations, where software is routinely subjected to penetration testing and hacking experts are called upon to check how secure a database is.

Anupam Saraph, another panelist and future designer, illuminated the creation of the Aadhaar database, pointing out that this is a system less about identification and more about verification. All of the verification, moreover, has been done by private parties, making the database itself suspect and leaving everyone’s private information loose at the time of enrolment. In addition, Aadhaar was meant for all residents and not just citizens. But now there is a mix of both, creating confusion in many aspects. Saraph also brought up how one rogue agency with access to all this information could pose an actual national security threat, unlike all the requests for information on breaches that the government keeps pointing fingers at. Referring to Nandan Nilekani’s statement about Aadhaar not being like AIDS, Saraph pointed out that it was exactly like it because much like the body, which cannot distinguish between an invasion and itself, the Aadhaar system is not being able to distinguish between aliens and citizens and has begun denying the latter benefits.

The Supreme Court has declared time and again that Aadhaar cannot be made mandatory, but the government continues to – in complete disregard of the apex court’s judgment – insist on Aadhaar for a multitude of schemes. More and more schemes are being made unavailable without the existence of an Aadhaar number as the government continues to function in a complete lack of cognisance of the fact that the poor are losing out on something as basic as their food because of a number. Prasanna S., an advocate and a panelist, called it a “voluntary but mandatory” system that is becoming an evidence collection mechanism. Moreover, everything is connected through this one number, making many options like financial fraud, selective treatment of citizens and other horrors possible. The collection of all this information is not dangerous, screams the government. Maybe not in the hands of this one. But what of the next? What of rogues?

The legal aspect

One of the panelists was Shyam Divan, a senior advocate of the Supreme Court, who has represented petitioners fighting against Aadhaar. Divan spoke about how along with a group of advocates he has been trying to get the apex court to rule on the issue but has been met with long queues before a ruling can be procured. He addressed the right to privacy aspect of the system and the recent declaration that the citizen does not have the absolute right to the body. He emphasised that the government cannot own the body and that for a free and democratic society, a limited government, instead of an all-knowing and all-seeing government, is essential. Unfortunately for India, there is no express right to privacy in the constitution, but that does not mean that rights can be taken away in exchange for a fingerprint. It is the government’s duty to respect privacy. For him, Aadhaar has become an instrument of oppression and exclusion, a point that Prasanna also agreed with, calling it a “systematic attack on consent”.

There is complete agreement that there has been a railroading of consent in this entire matter if Aadhaar being passed forcibly through the Lok Sabha as a money bill is anything to go by. If parliament’s consent can be disregarded in that fashion, what is an ordinary citizen to do in the face of this complete imbalance of power in the state’s hand?

Usha Ramanathan, a legal researcher and a long-time critic of Aadhaar, spoke about how India has turned into a state where there are more restrictions than fundamental rights, rather than the other way around. She related how there was no clarity at the beginning of Aadhaar of how it would be a card or a number and was never a government project in the first place. This is a private sector ambition that the government has jumped on board with, without considering that the private sector does not concern itself with civil liberties. As other panelists also pointed out, the private sector cannot and will not protect public interest. This is the job of the government, especially in an age of digitisation. But Aadhaar compromises the ability of the state to stand up for its citizens.

With June 30 approaching fast, many of those who have so far abstained from enrolling in the system are considering giving up their rebellion and going like sheep to get themselves registered in the database. In the words of Divan, they will have to “volunteer compulsorily for an Aadhaar”. The government is probably counting on this. Turning to the Supreme Court has been of no help, although a verdict can be hoped for in a couple of weeks. But what can we do if they rule for the government?

Some of the panelists are on board with the idea of a civil disobedience movement, a kind of a rebellion against Aadhaar. Some suggested thinking of out-of-the-box ways to register one’s protest and dissent against what is clearly becoming the architecture of a surveillance state. Saraph was particularly vehement about the need to completely destroy the Aadhaar database – “shred it”.

What all the panelists emphasised repeatedly was that there can be no improvements to a system that is so deeply flawed and that has had so many “teething problems” that are making millions suffer. The main takeaway from the discussion was that Aadhaar must see a speedy demise because it cannot be saved and cannot persist in its current state.

For more details visit https://cis-india.org/internet-governance/news/the-wire-may-10-2017-shreyashi-roy-taking-cognisance-of-the-deeply-flawed-system-that-is-aadhaar

Revisiting Aadhaar: Law, Tech and Beyond

praskrishna — 2017-05-19T14:47:32Z

Udbhav Tiwari attended a panel on "Revisiting Aadhaar: Law, Tech and Beyond" held at the India International Centre Annexe on May 9, 2017 in New Delhi, organised by the Software Freedom Law Centre (SFLC.in) in collaboration with Digital Empowerment Foundation and IT for Change.

The panel consisted of:

Saikat Datta; Policy Director, Centre for Internet and Society (Moderator)
Anivar Aravind; Founder/Director at Indic Project
Anupam Saraph; Professor and Future Designer
Prasanna S; Advocate
Shyam Divan; Senior Advocate, Supreme Court
Srinivas Kodali; Co-founder at Open Stats
Osama Manzar; Founder and Director, Digital Empowerment Foundation
Usha Ramanathan; Legal Researcher

The panel was quite enlightening (and Saikat was a stellar moderator), with Mr. Divan's elucidation on the arguments made in the court for the Aadhaar case in particular being a great learning experience. Benjamin and Sheetal (both interns in the Delhi office) along with Sumandro also attended the event.

The other learning was that for people who have attended multiple such panels/seminars and meetings on Aadhaar, they can have a lot of repeated content. I passed on the feedback to SFLC about how they could possibly include a small 10 to 15 minute session in future such panels on developments since the previous such event on the Aadhaar and include practical aspects about what people can do about minimising the harms that we are all slowly being co opted into facing with the system.

More info about the event here.

For more details visit https://cis-india.org/internet-governance/news/revisiting-aadhaar-law-tech-and-beyond

Aadhaar security: Here's how your private information can be protected

praskrishna — 2017-05-19T10:05:25Z

Lock Aadhaar, and notify UIDAI if you get a one-time-password for a transaction you did not initiate

The article by Sanjay Kumar Singh was published in the Business Standard on May 11, 2017. Udbhav Tiwari was quoted.

The linking of Aadhaar — the 12-digit unique identification number for Indian residents — across various benefits is going through a roller-coaster ride. On one hand, the government, keen to make it mandatory, is linking it with filing of income-tax returns and benefits. But, on the other, many are uncomfortable with it because of privacy issues and leakages that have been reported recently. The Supreme Court, on Tuesday, referred another fresh plea challenging the Aadhaar Act and its mandatory use in government schemes to a larger Constitution bench.

There has been several reports that say that Aadhaar numbers and other personal data are being leaked. Bengaluru-based Centre for Internet and Society (CIS) has published a report (titled Information security practices of Aadhaar, or lack thereof) where it lists four government departments that have posted Aadhaar numbers and other personal information of people. According to the report, an estimated 130-135 million Aadhaar numbers and 100 million bank account numbers were posted on the four portals that the CIS researchers checked. Normally such data should be kept on the government’s intranet, where only authorised people can access it. However, a few government departments have uploaded this data on their websites. In many cases, the data was in excel format, making it all the more easy for people to download and misuse it. The worst part: If your data is stolen, you cannot file even a First Information Report with the police. Only the nodal body, the Unique Identification Authority of India (UIDAI), can file a police complaint.

Your data can be misused: Experts say that leakage of Aadhaar numbers and other personal information into the public domain violates peoples’ privacy. “Your name, phone number, address, bank account number and Aadhaar number are personal information. Only you have the right to decide whether to release such information to others. Such data shouldn’t be complied in excel sheets in large numbers and be freely accessible on the internet to everyone," says Udbhav Tiwari, policy officer at the Centre for Internet and Society, Bengaluru.

Tele-marketers and advertisers will have access to the personal information of all those people. More serious problems such as identity theft can occur. Says Smitha Krishna Prasad, project manager, Centre for Communication Governance at National Law University, Delhi: “The more sensitive information a person has about you, the easier it becomes to impersonate you when that person is speaking to, say, a bank." The impersonator could open a bank account or even take a loan in your name.

Suppose a hacker gets your email ID. “He will use the ‘password reset or forgot password’ feature to change your password and get access to your account. This feature poses questions based on personal info about you. Any such data collected about you comes useful here. Such hackers mine a lot of data about potential victims from all possible sources," says Shomiron Das Gupta of NetMonastery, a threat management provider. In the email, he could find info about your bank account, credit card account, etc, and cause financial losses to you.

Serious risks can also arise if someone manages to breach the biometric authentication or one-time password (OTP) required for using the Aadhaar system. “It is possible to copy an individual’s fingerprints, and replicate them using very commonly available resins. It is also possible for hackers to capture the data being communicated between a telephone tower and a mobile phone, especially if it is poorly encrypted. This will allow the hacker to see the OTP. Admittedly, this does require expertise and a targeted effort vis-a-vis an individual," says Tiwari. Now that the Aadhaar numbers of so many people have been divulged, someone could utilise their identities to steal their government-granted benefits, or obtain a SIM card, which could then be misused. Raman Jit Singh Chima, policy director, Access Now, says at many places where the Aadhaar number is required today, no biometric authentication is done. So just the number can be used to impersonate you.

Lock your biometrics: If your Aadhaar number and other personal information have been leaked, here are a few steps you can take to safeguard yourself. One, be wary of any calls you receive asking for additional details, which may not have been leaked already. Be equally wary if you receive a call wherein someone rattles off your personal data and asks you to verify it. The caller could pretend to be calling from your bank. It is best not to reveal or confirm any information over the phone at all. Two, you have the option to lock your biometric data online. Even if someone manages to steal your fingerprint, he will not be able to use it if you have locked your biometric data (see table). Also, if you get an OTP on your phone for an Aadhaar utilisation that you did not initiate, notify the UIDAI, and thus ensure that no transaction is carried out using your Aadhaar account.

Need for a privacy law: To prevent data leaks in the future, the government needs to sensitise state government officials who work with Aadhaar data about the need to protect the its privacy. More importantly, India needs a comprehensive data protection law. At present, there is limited provision in the Information Technology Act of 2008 under which you can file a civil case against a corporate that has leaked your personal information. “The person affected by data leakage has to show that he has suffered wrongful loss, or somebody else has enjoyed a wrongful gain, and then claim compensation," says Prasad.

After the Radia tapes incident, the government had said it would pass a comprehensive privacy law. “This law would lead to the creation of a data protection authority with enforcement powers, which would be able to penalise both companies and government bodies violating privacy principles. Despite the process beginning in 2012-13, and multiple drafts being leaked into the public domain, there has not been much progress on this count," says Chima. He adds that when the privacy law becomes a reality, any part of the Aadhaar Act that is contrary to it should also be amended.

How to lock your biometric data online

Go to the UIDAI web site: https://uidai.gov.inGo to Aadhaar services, then Lock/Unlock Biometrics Enter Aadhaar number Enter security code that appears below the Aadhaar numberYou will receive an OTP on your registered mobile number. Enter it Click ‘Verify’Click box against ‘Enable biometric lock’Click on Submit buttonSame procedure can be repeated to disable biometric lock.

For more details visit https://cis-india.org/internet-governance/news/business-standard-sanjay-kumar-singh-aadhaar-security-here-is-how-your-private-information-can-be-protected

Watch: Aadhaar has become a whipping boy: Nandan Nilekani

praskrishna — 2017-05-19T09:54:52Z

India certainly needs a modern data privacy and protection law, Nilekani said in an interview.

The Alnoor Peermohamed and Raghu Krishnan was published in the Business Standard on May 13, 2017.

As debate rages over Aadhaar being a privacy and surveillance liability, its architect Nandan Nilekani says the unique identity programme has become a “whipping ward”. In an interview with Alnoor Peermohamed and Raghu Krishnan, he says we need a data protection and privacy law with adequate judicial and parliamentary oversight. Edited excerpts:

There is concern we are losing our privacy because of Aadhaar...

Privacy is an issue the whole world is facing, thanks to digitisation. The day you went from a feature phone to a smartphone the amount of digital footprint you left behind went up dramatically. The phone records your messages, it knows what you are saying, it has a GPS so it can tell anybody where you are, the towers can tell anybody where you are because they are constantly pinging the phone. There are accelerometers and gyroscopes in the phone that detect movement.

Internet companies essentially make money from data. They use data to sell you things or advertisements. And that data is not even in India, it is in some country in some unaccountable server and accessible to the government of that foreign country, not ours.

Then increasingly there is the Internet of Things. Your car has so many sensors, wearables have sensors and all of them are recording data and beaming it to somebody else. Then there are CCTV cameras everywhere, and today they are all IP-enabled.

So privacy is a global issue, caused by digitisation. Aadhaar is one small part of that. The system is designed not to collect information, because the first risk to privacy is if someone is collecting information. Aadhaar is a passive ID system, it just sits there and when you go somewhere and invoke it, it authenticates your identity. By design itself, it is built for privacy. I believe India needs a modern data privacy and protection law.

Why is Aadhaar being used as a proxy for the privacy and data protection issues?

It is a motivated campaign by people who are trying to find different ways to say something about it. Privacy is a much bigger issue. I have been talking about privacy much before anyone else. In 2010, when it was not such a big issue, I had written to Prime Minister Manmohan Singh saying we needed a data protection law. You could see what was happening, the iPhone came out on June 30, 2007, Android phones came around the time we started Aadhaar, so we could see the trend. I asked Rahul Matthan, a top intellectual property and data lawyer, to help and we worked with the government to come out with a draft law. And then there was the AP Shah Committee. The UIDAI’s DDG Ashok Pal Singh was a part of that committee, so we helped shape that policy.

When a banking application uses Aadhaar, the system does not know what the bank does. It is deliberately designed so that data is kept away from the core system.

I am all for a data protection law but we should look at it in context, look at the big picture. If people want to work together to create a data privacy law then it is a great thing. But if they want to use it to just attack Aadhaar, then there is some other interest at work.

Now that the government is linking Aadhaar to PAN and driver’s licences, will that not lead to Aadhaar being used as a surveillance tool?

Surveillance is conducted through a 24x7 system that knows what you are doing, so from a technology perspective the best surveillance device is your phone. The phone is the device you should worry about.

Aadhaar is not a 24x7 product. I buy one SIM card a year and do an e-KYC, the driver’s licence sits in my pocket and only sometimes someone asks for it. With the PAN card I file my returns only once a year.

But with all that data being linked, can the government not use it?

It is a valid concern and has to be addressed through a legal and oversight process. Aadhaar is just one technology. You do not attack the technology, you look at the overall picture.

The US has the Foreign Intelligence Surveillance Act under which special courts issue warrants to the FBI for surveillance. This is absolutely required and it should be a part of the data protection law (in India) which says under what circumstances the government can authorise surveillance.

Today mobile phones are being tapped by so many agencies. In the US, the FBI is under the oversight of the Senate. In India, Parliament does not have oversight of any intelligence agency. I remember (former Union minister) Manish Tewari had introduced a Bill six or seven years ago saying Intelligence agencies needed to be under the oversight of the Parliament, but nothing happened.

Is there any way to stop Aadhaar being used as a surveillance tool?

Today a person can be identified with or without Aadhaar. US systems can identify a person in a few milliseconds using big data. All that is part of what we have to protect. Aadhaar by itself is not going to add anything to that. What is important is that the infrastructure of surveillance comes under judicial oversight as well as parliamentary oversight.

Would the Aadhaar narrative have been different if this were a Congress-led government?

I think most people making this noise are against the government, so it is a political argument and Aadhaar has become a convenient whipping ward. Lots of different agendas are at work here. But my understanding is this - whether it is data protection and privacy, surveillance or security, these are all broad issues that apply to technology in general and if you are serious about solving the issues you should fix it at the highest level and have a data protection and privacy law which includes, mobile phones, CCTV cameras and Aadhaar.

A report by the Centre for Internet and Society says 130 million Aadhaar identities have been leaked...

It is because of the transparency movement in the last 10 years. In 2006, we passed the RTI Act and MNREGA Act. Section 4 of the RTI Act says that data about benefits should be made public. At that time it was all about transparency. Since then, governments have been publishing lists of MNREGA beneficiaries and how much money is being put into their bank accounts. At that time it was applauded. Now the same thing is coming back as privacy being affected.

These are not leaks; governments have been consciously putting out the data in the interest of transparency. The message from this is we have to strike a balance between transparency and privacy. And that is a difficult balance because Section 4 of the RTI Act says if a benefit is provided by the government it is public information, so the names of beneficiaries should be published because it is taxpayers’ money.

There is something called personally identifiable information. You should strike a balance between transparency and not revealing personally identifiable information. That is a delicate balance, and people will have to figure this out. The risk you have now is governments will stop publishing data - look, you guys have made a big fuss about privacy, we will not publish. In fact, the transparency guys are now worried that all the gains are being lost.

If Aadhaar is voluntary, why is the government forcing it on to various schemes?

There are two things, benefits and entitlements and government-issued documents. There the government has passed a law, the Aadhaar Bill of 2016, which is signed by the President. In that, there is a clear protocol that the government can use Aadhaar for benefits and what process they should follow.

The second thing is Aadhaar for government documents. There are three examples - PAN cards, driver’s licences and SIM cards.

The government has modified the Finance Bill and made Aadhaar mandatory for a PAN card. Why has it done that? Because India has a large number of duplicate PAN cards. India has something like over 250 million PAN cards and only 40 million taxpayers. Some of those may be people who have taken PAN cards just as ID but not for tax purposes, but frankly it is also because a lot of people have duplicate PAN cards. Why do people have duplicates? That is a way of tax evasion. The only way you can eliminate duplicate PAN cards is by having Aadhaar as a way of establishing uniqueness.

The second thing is mobile phones. Here the mobile phone requirement came from the Supreme Court, where somebody filed a PIL saying so many mobile phones are being given to terrorists and therefore you need to do an e-KYC when the SIM is cut and the government said they would use Aadhaar and they have been asked to do it by 2018.

The third thing is driver’s licences. As (Union Transport Minister Nitin Gadkari has said, 30 per cent of all driver’s licences are fakes. Now why is this important? Because when you have fake driver’s licences or multiple drivers’ licences, even if you are caught, you can give your fake licence and continue to drive. Today India is the country with the largest number of deaths on highways. Lack of enforcement, fake licences are all a problem. So in the latest Motor Vehicle Bill which was passed the government said Aadhaar was necessary to get a licence. So that you have just one driver’s licence, whether it is issued in Karnataka or Bihar, you have just one.

The government is also talking about using Aadhaar for the mid-day meal scheme...

If you talk to people on the ground, and I have spoken to people on the ground, a big part of the leakage is mid-day meals. It is not reaching children. So it is important that all this has to happen so children get what they need.

You engaged with governments and civil servants when you initiated the Aadhaar process. In hindsight, would you say you should have also engaged with civil society?

I do not think there is any other programme in history which reached out to every stakeholder in the country. When we started Aadhaar we met governments, regulators and even parliamentarians. I gave a talk in Parliament and we engaged deeply with civil society. In fact, we had one volunteer only to engage with civil society.

You said you were engaged with the previous government about the data protection law. Are you engaging with the current one too?

I am not really engaging. I know that people are working on it and recently the attorney-general has made a statement in the Supreme Court that the government will bring in a data protection law by Diwali.

We have heard of several instances of people not being able to get their biometric authentication done. Is there a problem with Aadhaar?

The seeding of data in the Aadhaar database has to be done properly and that is a process. Authentication has been proven at scale in Andhra Pradesh. Millions of people receive food with Aadhaar authentication in 29,000 PDS outlets. In fact, now they have portability -- a person from Guntur can go to Vijayawada and get his rations. It is empowering. We keep forgetting about the empowering value.

What has the Andhra Pradesh government done? They have used fingerprints, but they also have used iris scans, OTP on phone, and they have a village revenue officer if none of the above works. When you design the system, you have to design it in a way that 100 per cent of the beneficiaries genuinely get the benefit. Andhra Pradesh has shown it can be done.

The government needs to package the learning and best practices of Andhra Pradesh and take it to every other state. It is an execution issue.

Activists have raised concerns over the centralised Aadhaar database...

How else would you establish uniqueness? If you are going to give a billion people a number, how else would you do it? Is there any other way of doing it? Every cloud is centralised, then we should not have cloud systems.

How do you ensure security standards and software are updated?

There are very good people there. The CEO is very good. There is a three-member executive board with chairman Satyanarayana and two members, Anand Deshpande and Rajesh Jain. I have no doubt that they will continue to improve things.

On security, you keep improving. It is a constant race everywhere in the world. They are now coming out with registered devices that will make it more difficult to spoof.

But without a centralised database, how do you establish that an identity is not two people? If you look at the team that designed this, cumulatively they have a few hundred years of experience of designing large systems around the world. Every design decision has been taken consciously looking at the pros and cons. Why did we have both fingerprints and iris scans? There are two reasons. One is to ensure uniqueness. The second is inclusion. We knew that fingerprints in India do not work all the time because of age and manual labour. So we included iris scans. I can give you a document from 2009 that says all of this. All of these things were thought through.

If you are given a chance to design Aadhaar today what would you do differently?

I would do exactly the same thing. Go back and look at the design document. Every design has been articulated, the pros and cons are written down, published on our website, and it is a highly transparent exercise. It is the appropriate design for the problem we are trying to solve. We are forgetting about the huge benefits people are getting. Crores of people are getting direct benefit transfer without hassle. They can go to a village business correspondent and withdraw money using Aadhaar. They can get their SIM card and open a bank account using e-KYC.

You are also forgetting that people are getting empowered. That portability has ensured the bargaining power has shifted from the PDS shop owner to the individual. If a PDS guy treats him badly, the individual can choose another shop, earlier he could not do that. The empowerment of millions of people to buy rations at the shop of their choice is extraordinary.

For more details visit https://cis-india.org/internet-governance/news/business-standard-may-13-2017-alnoor-peermohamed-and-raghu-krishnan-aadhaar-has-become-a-whipping-boy-nandan-nilekani

UIDAI puts posers to CIS over Aadhaar data leak claim

praskrishna — 2017-05-19T09:28:33Z

Aadhaar-issuing authority UIDAI has asked research firm Centre for Internet and Society (CIS) to explain its sensational claim that 13 crore Aadhaar numbers were "leaked" and provide details of servers where they are stored.

The article originally published by PTI was also published by the Financial Express on May 19, 2017.

Aadhaar-issuing authority UIDAI has asked research firm Centre for Internet and Society (CIS) to explain its sensational claim that 13 crore Aadhaar numbers were “leaked” and provide details of servers where they are stored. In a precursor to initiating a probe into the matter, the Unique Identification Authority of India (UIDAI) also wants CIS to clarify just how much of such “sensitive data” are still with it or anyone else. The UIDAI — which has vehemently denied any breach of its database — shot off a letter to CIS yesterday asking for the details, including the servers where the downloaded “sensitive data” are residing and information about usage or sharing of such data.

Underscoring the importance of bringing to justice those involved in “hacking such sensitive information”, the UIDAI sought CIS’ “assistance” in this regard and has given it time till May 30 to revert on the issue. “Your report mentions 13 crore people’s data have been leaked. Please specify how much (of) this data have been downloaded by you or are in your possession, or in the possession of any other persons that you know,” the UIDAI said in its communication to CIS.

Interestingly, in what market watchers described as an apparent flip-flop, CIS has now clarified that there was no leak’ or ‘breach’ of Aadhaar numbers, but rather ‘public disclosure’. Meanwhile, the UIDAI has quoted sections of the Information Technology Act, 2000, and the Aadhaar Act to emphasise that violation of the clauses are punishable with rigorous imprisonment of up to 10 years. “While your report suggests that there is a need to strengthen IT security of the government websites, it is also important that persons involved in hacking such sensitive information are brought to justice for which your assistance is required under the law,” it said.

The UIDAI has also sought technical details on how access was gained for the National Social Assistance Programme (NSAP) site — one of the four portals where the alleged leak happened. When contacted, UIDAI CEO Ajay Bhushan Pandey said, “We do not comment on individual matters.” The UIDAI has also asked for details of systems that were involved in downloading and storing of the sensitive data so that forensic examination of such machines can be conducted to assess the quantum and extent of damage to privacy of data.

The UIDAI letter comes after a CIS’ report early this month which claimed that Aadhaar numbers and personal information of as many as 135 million Indians could have been leaked from four government portals due to lack of IT security practices. “Based on the numbers available on the websites looked at, estimated number of Aadhaar numbers leaked through these four portals could be around 130-135 million,” the report had said.

However, in a apparent course correction on May 16, a day before the UIDAI’s letter went out — CIS updated its report and clarified that although the term ‘leak’ was originally used 22 times in its report, it is “best characterised as an illegal data disclosure or publication and not a breach or a leak”. CIS has also claimed that some of its findings were “misunderstood or misinterpreted” by the media, and that it never suggested that the biometric database had been breached. “We completely agree with both Dr Pandey (UIDAI CEO) and Sharma (Trai Chairman R S Sharma) that CIDR (Aadhaar central repository) has not been breached, nor is it suggested anywhere in the report,” CIS said in its latest update.

For more details visit https://cis-india.org/internet-governance/news/financial-express-may-19-2017-pti-uidai-puts-posers-to-cis-over-aadhaar-data-leak-claim

What’s Hard To Digest About The Zomato Hacking

praskrishna — 2017-05-19T09:22:37Z

Yet another day, yet another major security breach. But, this time it’s not a presidential candidate in the U.S. or the U.K.’s National Health Service. Instead. it’s Zomato, the popular Indian online food delivery and restaurant search service.

The blog post by Aayush Ailawadi was published by Bloomberg Quint on May 19, 2017. Pranesh Prakash was quoted.

The company disclosed that data from 17 million user accounts was stolen in a security breach. It said in its blog that no financial details were at risk and only user IDs, usernames, names, email addresses and password hashes had been compromised.

Throughout the course of the day, the company kept updating its blog post and offered different sets of advice to its users. In an earlier post, it only recommended changing one’s password on other sites if you are “paranoid about security like us”. Later, that post mentioned that the passwords were “salted” and hence had an extra layer of security but it still “strongly advises” customers to change passwords.

In an emailed response, the company explained to BloombergQuint, “We made our disclosure very early, soon after we discovered that it happened. We wanted to be proactive in communicating to our users. As we found more details about the leak, we updated the information”

But, that wasn’t the only problem. The data was put up on the dark web for sale by the hacker, and the seller was apparently charging 0.5521 bitcoins, or $1001.45, for the data. According to the post, the passwords were stored by Zomato using MD5 encryption, which according to security experts is antiquated and unsuitable for password encryption.

Late on Thursday night, the story took an interesting turn when the company updated its blog post yet again. It said that it had gotten in touch with the hacker who was selling the data on the dark web and that apparently the hacker had been very cooperative and helpful. “He/she wanted us to acknowledge security vulnerabilities in our system and work with the ethical hacker community to plug the gaps. His/her key request was that we run a healthy bug bounty program for security researchers,” the company said.

Usually, when hackers around the world attack with ransomware, they demand a massive amount of bitcoins as ransom. But, in this case the company claims that all the hacker wants is the assurance that the company will introduce a bug bounty program on Hackerone soon. In return, the hacker has agreed to destroy all copies of the stolen data and take the data off the dark web marketplace.

But, while it may seem like the storm has passed for Zomato, cybersecurity experts like Pranesh Prakash at the Centre for Internet & Society believe that a lot more could have been done by the company in such a case.

Disclose To Confuse?

Concern #1: Prakash feels that Zomato got it all wrong by issuing multiple disclosures and not addressing the problem at hand, which was to clearly explain what happened and immediately request customers to change similar passwords on other websites.

What’s So Scary About The Zomato Hacking?

Concern #2: BloombergQuint reached out to Zomato to confirm whether the passwords were encrypted with “MD5”, a hashing algorithm that Prakash and other Twitter users who accessed the seller’s page on the dark web believe was used by the company. But, the tech company didn’t respond to that specific question.

What’s worse is that Prakash adds that not only is this algorithm antiquated but it is also highly unsuitable for password encryption, as it can be cracked quickly.

Genuine Disclosures Vs False Promises

Concern #3: Prakash suspects that the company wasn’t honest and forthright with its users during this episode. According to him, the company could learn a thing or two about honest disclosures from companies like CloudFlare and LastPass, which fell victim to similar attacks in the past year.

Where’s My Privacy And Security?

Concern #4: According to Prakash, it’s not just about privacy, but also one’s security that has been compromised in this instance. He says that the Zomato hack is like a reminder that an odd section in the Information Technology Act is not sufficient when it comes to data protection. Instead, India needs a robust data protection law where bad security practices can actually be prosecuted and companies can be penalised if they don’t follow standard and reasonable security practices.

Zomato also told BloombergQuint that it has understood how the breach happened but couldn’t share exact details at the moment. The company said, “Our team is working to make sure we have the vulnerability patched. All we can say right now is that it started with a password leak on some other site. We will share more details on our blog over the next few days.”

For more details visit https://cis-india.org/internet-governance/news/bloomber-quint-may-19-2017-aayush-ailawadi-whats-hard-to-digest-about-the-zomato-hacking

Hack exposes Zomato's weak protection of customer data, say Cyber experts

praskrishna — 2017-05-19T09:11:40Z

Online restaurant aggregator says it will beef up security after 17 million user details were stolen.

The article by Alnoor Peermohamed was published in the Business Standard on May 19, 2017. Pranesh Prakash was quoted.

After details of over 17 million users was stolen and sold online, restaurants discovery and food ordering service Zomato has vowed to beef up security measures, including adding a layer of authentication for its own employees to access user data.

The company in a blog post claimed that the leak appeared to be an internal (human) security breach with an employee's development account getting compromised.

However, cyber security experts pointed out that Zomato was clearly lacking in its technique to protect customer data from unwanted elements .

Sajal Thomas, a cyber security consultant, claimed on Twitter that he verified the sample data being sold on the dark web and found that Zomato had used MD5 to hash passwords. MD5 is neither encryption nor encoding, and was known to be easily cracked by attacks and suffered from major vulnerabilities.

Further, he said Zomato had not used salting, a technique where random data was used as additional input to make cracking a hashed password much harder. Thomas said that it took just a few seconds to crack the hashed passwords to turn them into plain text.

Zomato in its blog post, however, claimed that it protected "passwords with a one-way hashing algorithm, with multiple hashing iterations and individual salt per password."

It said that this was to ensure that passwords could not be easily converted back to plain text. The firm claimed no credit or debit card information of users were leaked.

While Zomato says it has reset passwords of all the affected accounts, experts say that users whose data were leaked are still under threat.

"If you had a password for Zomato that you used elsewhere (on facebook or email), immediately change that password across all those accounts," tweeted Pranesh Prakash, policy director at the Centre for Internet and Society.

If you had a password for Zomato that you used elsewhere, then IMMEDIATELY change that password across ALL those accounts. Use a pw manager! https://t.co/CbhtxCwlnD
— Pranesh Prakash (@pranesh) May 18, 2017

According to Prakash, a statement by Zomato misled people on how serious the security breach was by providing a false sense of security.

Subsequently, the company reworded its blog post to prompt users to change passwords of other services where they might have used the same password as their Zomato account.

The leak was first detected by security blog HackRead when it came across an online handle going by the name of "nclay" claiming to have hacked Zomato's database and selling its data on the dark web. Upon testing some of the data made public by the hacker, HackRead found that each account actually existed on Zomato.

"The database includes emails and password hashes of registered Zomato users while the price set for the whole package is $1,001.43 (BTC 0.5587). The vendor also shared a trove of sample data to prove that the data is legit," HackRead wrote in its post.

For more details visit https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohamed-may-19-2017-hack-exposes-zomatos-weak-protection-of-customer-data-say-cyber-experts

UIDAI asks Centre for Internet & Society to provide hacker details

praskrishna — 2017-06-07T12:21:47Z

The article by Mahendra Singh was published in the Times of India on May 18, 2017.

The Unique Identification Authority of India (UIDAI), the regulatory authority for Aadhaar, has written to a Bengaluru-based research organisation, Centre for Internet & Society (CIS), seeking details about a suspected hack attack on government websites that led to the leak of information about 13 crore users.

In a recent report, CIS had highlighted that websites run by various government departments, owing to a poor security framework, had publicly displayed sensitive personal financial information and Aadhaar numbers of beneficiaries of certainprojects.

In its letter, UIDAI argued that the data downloaded from one of the websites could not have been accessed unless the website was hacked. As hacking is a grave offence under the law, the UIDAI has asked CIS to provide details of the persons involved in the data theft.

According to a source, the UIDAI said that access to data on the website for the 'National Social Assistance Program' was only possible for someone in possession of authorised login details, or if the site (http://nsap.nic.in) was hacked or breached. The UIDAI said in its letter that such illegal access was against the provisions of the Aadhaar Act, 2016, and the IT Act, 2000, and that the persons involved had committed a grave offence.

Asking the CIS to reply before May 30, the UIDAI also said, "Aadhaar system is a protected system under Section 70 of the IT Act, 2000, the violation of which is punishable with rigorous imprisonment for a period up to 10 years." It added that the penalty clauses for violations are also provided in Section 36, Section 38 and Section 39 of the Aadhaar Act.
The UIDAI, however, maintained that even if the Aadhaar details were known to someone it did not pose a real threat to the people whose information was publicly available because the Aadhaar number could not be misused without biometrics.

The UIDAI letter said, "While, as your report suggests, there is a need to strengthen IT security of government websites, it is also important that the persons involved in hacking such sensitive information are brought to justice for which your assistance is required under the law."

"Your report mentions 13 crore people's data has been 'leaked'. Please specify how much of this data had been downloaded by you or are in your possession or in the possession of any other persons that you know. Please provide the details," the UIDAI added in its letter. The UIDAI also urged CIS to provide the details of the persons/organisations with whom it shared the data, if it did.

For more details visit https://cis-india.org/internet-governance/news/economic-times-may-18-2017-mahendra-singh-uidai-asks-centre-for-internet-and-society-to-provide-hacker-details

Provide hacker details, outfit that claimed data leak told

praskrishna — 2017-06-07T12:14:13Z

The article by Mahendra Singh was published in the Times of India on May 18, 2017.

In a recent report, CIS had highlighted that websites run by various government departments, owing to a poor security framework, had publicly displayed sensitive personal financial information and Aadhaar numbers of beneficiaries of certainprojects.

In its letter, UIDAI argued that the data downloaded from one of the websites could not have been accessed unless the website was hacked. As hacking is a grave offence under the law, the UIDAI has asked CIS to provide details of the persons involved in the data theft.

According to a source, the UIDAI said that access to data on the website for the 'National Social Assistance Program' was only possible for someone in possession of authorised login details, or if the site (http://nsap.nic.in) was hacked or breached. The UIDAI said in its letter that such illegal access was against the provisions of the Aadhaar Act, 2016, and the IT Act, 2000, and that the persons involved had committed a grave offence.

Asking the CIS to reply before May 30, the UIDAI also said, "Aadhaar system is a protected system under Section 70 of the IT Act, 2000, the violation of which is punishable with rigorous imprisonment for a period up to 10 years." It added that the penalty clauses for violations are also provided in Section 36, Section 38 and Section 39 of the Aadhaar Act.

The UIDAI, however, maintained that even if the Aadhaar details were known to someone it did not pose a real threat to the people whose information was publicly available because the Aadhaar number could not be misused without biometrics.

The UIDAI letter said, "While, as your report suggests, there is a need to strengthen IT security of government websites, it is also important that the persons involved in hacking such sensitive information are brought to justice for which your assistance is required under the law."

"Your report mentions 13 crore people's data has been 'leaked'. Please specify how much of this data had been downloaded by you or are in your possession or in the possession of any other persons that you know. Please provide the details," the UIDAI added in its letter. The UIDAI also urged CIS to provide the details of the persons/organisations with whom it shared the data, if it did.

For more details visit https://cis-india.org/internet-governance/news/the-times-of-india-mahendra-singh-may-18-2017-provide-hacker-details-outfit-that-claimed-data-leak-told

Plug data leak before imposing Aadhaar

praskrishna — 2017-05-17T02:10:37Z

As the Central government continues to expand the scope and boundaries of the applicability of Aadhaar, the unique identification number, even before the Supreme Court’s verdict on its constitutional validity, reports suggesting that millions of Aadhaar numbers may have been leaked deliberately or inadvertently are a matter of grave concern.

The article was published in the Deccan Herald on May 11, 2017.

The Centre for Internet and Society, a Bengaluru-based organisation, has claimed that close to 135 million Aadhaar numbers and 100 million bank account numbers have been exposed by government portals dealing with pension, social welfare and employment guarantee schemes. The report says that with Aadhaar being used or planned to be used for authenticating and authorising several transactions, the financial risks of the disclosure of such data are greatly exacerbated. Virtually confirming that some ‘over-enthusiastic’ government agencies have been making the Aadhaar data public, Aruna Sundararajan, secretary, Union Electronics and Information Technology Ministry, has said that the Centre is in the process of ‘educating officials’ about the sanctity of the material collected, besides drafting amendments to the Information Technology Act to ensure data protection and secrecy. That’s indeed a late realisation, and hopefully, not a case of locking the stables once the horses have bolted.

The Supreme Court is also rightly concerned about the invasion of a citizen’s body in obtaining fingerprints and iris impressions for Aadhaar and the violation of an individual’s privacy. Attorney General Mukul Rohatgi raised several eyebrows by arguing that “citizens don’t have an absolute right over their own bodies” and there was nothing illegal about obtaining biometric details. He may be legally right, but as the court pointed out, it is the duty of the state to maintain the liberty and dignity of all individuals. As almost 98% of the population has already been covered by Aadhaar, the question of privacy is now more academic, though making Aadhaar mandatory for the filing of income tax along with PAN card is not. As the government is unable to come to grips with millions of benami transactions and largescale evasion of income tax in the country, if the linking of Aadhaar is going to bring down such cases, it needs to be welcomed.

However, Aadhaar is not a magic bullet that has a solution for every problem. The government shoulddrop the idea of making it mandatory for social welfare programmes such as children availing midday mealsin schools, supply of nutrition under ICDS programme and provision of scholarship for the disabled. The government certainly has a responsibility to prevent misuse of the schemes, while making sure that welfare measures are not denied to the needy on technical grounds.

For more details visit https://cis-india.org/internet-governance/news/deccan-herald-may-11-2017-plug-data-leak-before-imposing-aadhaar

Indian Government says it is still drafting privacy law, but doesn’t give timelines

praskrishna — 2017-05-15T02:10:26Z

Read the original published by Medianama here

The Government is drafting a legislation to protect privacy of individuals breached through unlawful means in consultation with stakeholders, the minister for communications and information technology Ravi Shankar Prasad said in the Rajya Sabha. However, no timeline was provided, which is really the problem: Is the Indian government even interested in a privacy law?

In August last year, the Government of India had said in the Supreme Court of India that had said that “violation of privacy doesn’t mean anything because privacy is not a guaranteed right”, actually arguing that the citizens of India do not have a fundamental right to privacy.
In September last year, the DeitY had also sought to make encryption (and personal and business security) weaker via a draft policy on encryption, requiring all users to store the plaintexts of the corresponding encrypted information for 90 days from the date of transaction and provide the verifiable plain-text to Law and Enforcement Agencies if required. After a public outcry, the paper was withdrawn.
Last month, the DoT made it mandatory to have GPS on all phones by 2018.

We’re in a situation where the country doesn’t have a privacy law on one hand, and is setting up surveillance systems like the Centralized Monitoring System, NETRA, NATGRID (for collecting data from across databases), and linking citizens and databases across the unique identity number in Aadhaar on the other.

What happened to the old Privacy bill?

While India does not yet have a comprehensive privacy policy, back in 2014, the Centre for Internet and Society received a leaked version of the draft Privacy Bill 2014 that the Department of Personnel and Training, Government of India had drafted. A comparison of the draft bill from 2014 and the draft privacy bill of 2011 can be found here.

As per Prasad, as of now, the Section 43, 43A and 72A of the IT Act of 2000 provide the legal framework for digital privacy and security, mandating that agencies collecting personal data must provide a privacy policy, and compensations must be paid to the victim in case of unauthorized access or leakage of information.

Questions asked in Rajya Sabha:

Whether Government intends to bring a specific legislation to address the concerns regarding privacy in the country, if so, the details thereof, if not, the reason therefore; and

Whether the legislation would provide for protection of ‘personal data’ along the lines of the European Union’s Data Protection Directive, if so, the details thereof, if not, the reasons therefor

EU Privacy Bill

Interestingly, the question posed to the minister asked if the legislation would provide for protection of personal data along the lines of European Union’s General Data Protection Directive (GDRP), which were approved just last month. EU’s directive defines “any information relating to an identified or identifiable natural person directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity”, as personal data.

The GDRP has a pretty wide scope and is pretty consumer friendly. The laws require users to provide explicit consent for data collection, companies to report as soon as they have a data breach, and a ‘right to erasure’ that lets users request all personal data related to them to be deleted. It also imposes a significant fine of up to 4% of annual worldwide turnover of a company in the previous financial year, in case of non compliance. For a comprehensive overview of the policy read handbook on European data protection law (pdf).

Email privacy bill US

The US does not have a comprehensive digital privacy law like the EU and mostly relies on the the privacy act of 1974. However, recently the US House of Representatives unanimously passed the Email Privacy Act that would require investigators to get a warrant before forcing companies to hand over customer email or other electronic communications, no matter how old the communication.

For more details visit https://cis-india.org/internet-governance/news/medianama-vivek-pai-may-4-2017-indian-govt-says-it-is-still-drafting-privacy-law

Meeting on Proactive Disclosure and Personal Data (Delhi, May 13, 5:30 pm)

sumandro — 2017-05-13T04:32:41Z

CIS is organising an informal discussion on topics related to proactive disclosure and personal data thrown up by the recently published report by Amber Sinha and Srinivas Kodali titled "Information Security Practices of Aadhaar (or lack thereof)". Please join us at 5:30 pm today, May 13, at the CIS office.

Read the report: PDF

Location

For more details visit https://cis-india.org/internet-governance/events/meeting-on-proactive-disclosure-and-personal-data-delhi-may-13

India is building a biometric database for 1.3 billion people — and enrollment is mandatory

praskrishna — 2017-05-12T16:22:35Z

Inside the buzzing enrollment agency, young professionals wearing slim-fitting jeans and lanyards around their necks tapped away at keyboards and fiddled with fingerprint scanning devices as they helped build the biggest and most ambitious biometric database ever conceived.

The article by Shashank Bengali was published in the Los Angeles Times on May 12, 2017.

Into the office stepped Vimal Gawde, an impoverished 75-year-old widow dressed in a floral print sari. She had come to secure her ticket to India’s digital future — to enroll in the identity program, called Aadhaar, or “foundation,” that aims to record the fingerprints and irises of all 1.3 billion Indian residents.

Nearly 9 out of 10 Indians have registered, each assigned a unique 12-digit number that serves as a digital identity that can be verified with the scan of a thumb or an eye. But Gawde came to the enrollment office less out of excitement than desperation: If she didn’t get a number, she worried that she wouldn’t be able to eat.

Designed as a showcase of India’s technological prowess — offering identity proof to the poor and reducing waste in welfare programs — Aadhaar’s grand promises have been muddied by controversy as the government makes enrollment mandatory for a growing number of essential services.

Indians now need an Aadhaar number to pay taxes, collect pensions and obtain certain welfare benefits. The rapid expansion of a program that was originally described as voluntary has sparked criticism that India is vacuuming up citizens’ personal information with few privacy safeguards and creating hardship for the very people the initiative was supposed to help.

Like many Indians living in poverty, Gawde uses a ration card to purchase her monthly allotment of subsidized rice and cooking gas. But the shopkeeper told her that starting next month, he would sell to her only if she produced an Aadhaar number.

She had visited the enrollment agency three times but had yet to be approved, for reasons she did not understand. (Enrollment agents would not comment on individual cases.)

Reaching into her canvas bag, Gawde pulled out the familiar panoply of documents — ration card, voter card, electricity bill, income tax ID — that Indians use to navigate a dizzying bureaucracy. Aadhaar, she was told, would supplant all these papers.

But she had to get the number first.

“I’m nervous,” Gawde said outside the enrollment office on a sweltering morning. “I first applied three years ago and submitted all my documents, but didn’t follow up. Now that it’s becoming compulsory, I’m doing everything I can to get it.”

Indian Prime Minister Narendra Modi, who had criticized Aadhaar as a “political gimmick” before he took office, has embraced the futuristic idea of an all-in-one digital identity. His party pushed through a law last year that paved the way for a dramatic expansion of Aadhaar, allowing government entities and private businesses wide latitude to access the database, which collects not just people’s names and birth dates but also phone numbers, email addresses and other information.

Soon, as more private companies use the database, it could become difficult to open a bank account, get a new cellphone number or buy plane or train tickets without being enrolled.

Supporters say the program, which has cost about $1 billion to implement, will save multiples of that by curbing tax evasion and ensuring that welfare subsidies are not stolen by middlemen.

“Aadhaar was always meant to be an instrument of inclusion,” Nandan Nilekani, a tech billionaire and the program’s first chairman, said in an interview. “I’m really happy that the current government is completely endorsing Aadhaar and using it for a wide variety of services that will transform governance.”

Nilekani calls Aadhaar “hugely empowering” for the poor, but not long ago even he argued that enrollment should remain optional so that no Indians were prevented from accessing essential services. India’s Supreme Court agreed, ruling in 2015 that the government could not require Aadhaar for any benefit to which a person was otherwise entitled, as long as they could prove their identity by some other means.

Yet the court has stayed silent as Aadhaar creeps into every facet of Indian life, even for children.

A 12-year-old girl named Saiba is a case in point. After the girl’s grandmother passed away in their family’s ancestral village in northern India, Saiba’s mother moved her and her four siblings to a crowded neighborhood on the rough fringes of New Delhi, near a car parts market thick with the smell of grease.

When Saiba’s mother, Rani, went to the local school in April to register her for the sixth grade, administrators turned her down, saying every student must have an Aadhaar number.

But to get a number, a child usually needs a birth certificate — and like one-quarter of children born in this country, Saiba and her siblings did not have them because their village did not routinely register births.

Sitting with her mother in the cramped offices of the local advocacy group Pardarshita, above a noisy street lined with vegetable sellers, the girl puffed her round cheeks in an expression of helplessness.

“I don’t know anything about this,” said Saiba, who, like many Indians, has only one name. “I just want to go to school.”

Rakesh Thakur, a board member of Pardarshita, is trying to obtain Aadhaar numbers for dozens of children barred from Delhi schools. He called the policy “a clear violation” by the municipal government of both the Supreme Court order and India’s Right to Education Act, which guarantees every child younger than 14 free schooling.

A Twitter account called “Rethink Aadhaar” logs new instances almost daily of Indians who have suffered because scanners couldn’t read their fingerprints or because of errors in the database.

In Jawhar, a forested zone about 60 miles north of Mumbai, administrators have told local tribal communities that they will soon use Aadhaar to distribute welfare rations and school lunches. But the area lies outside cellphone range, leading residents to wonder how scanners will connect to the Internet to verify their identities.

“The idea of Aadhaar and the technology may be good, but do we have the infrastructure to make it mandatory?” said Vivek Pandit, a former lawmaker who runs a nonprofit group in the area. “The law is city-centric, and it would only lead to the social exclusion of rural India.”

This month lawyers opposing Aadhaar argued before the Supreme Court that the government could not force Indians to share their biometric data. Atty. Gen. Mukul Rohatgi countered that Indians had no constitutional right to privacy and could not claim an “absolute right” over their bodies.

Without privacy protections, activists worry that as Aadhaar numbers are linked to more and more services, intelligence agencies could use the database to more easily track Indians’ calls, travels and purchases.

“It’s become very clear that this is not a project about the poor,” said Usha Ramanathan, a lawyer and anti-Aadhaar activist. “The government’s ambitions have gotten greater over time.”

This month, the Center for Internet and Society, a New Delhi think tank, reported that federal and state agencies had published up to 135 million Aadhaar numbers — some including sensitive information such as a person’s caste and religion, or details of pension payments — on unsecured websites accessible through just a few clicks.

It’s become very clear that this is not a project about the poor. — Usha Ramanathan, a lawyer and anti-Aadhaar activist

Pranesh Prakash, the center’s policy director, said that when Indian authorities can’t even keep Aadhaar numbers private, as the law requires, it suggests the entire database is vulnerable — particularly after sensitive information involving 22 million Americans was exposed when federal databases were hacked in 2015.

“When these kinds of leaks are happening, it’s rather foolhardy to maintain a database of 1.2 billion people’s biometrics, because once this gets breached, it becomes completely unusable,” Prakash said.

“If your PIN number or password leaks, you can change it. You can’t change your fingerprints.”

Praveen Chakravarty, a former investment banker who worked with Nilekani to launch Aadhaar, believes the lack of safeguards undermines the project’s ideals of efficiency and empowerment. He said many Indians were right to worry that Modi’s government, which has cracked down on political activists and nonprofit groups it opposes, could use Aadhaar to snoop on citizens.

“Maybe Aadhaar didn’t need to be this big,” Chakravarty said, adding that the government could simply have worked to fix inefficiencies in individual welfare programs.

“People could ask, ‘Did we need this at all?’” he said. “It’s a good question.”

For Gawde, the widow, Aadhaar remained an idea of the future. She left the enrollment agency that day empty-handed, told by a young employee that her number had not been assigned. But she retained hope that the new ID would make life easier.

“We are just poor people,” she said. “We have to trust what the government tells us.”

For more details visit https://cis-india.org/internet-governance/news/los-angeles-times-shashank-bengali-may-12-2017-india-is-building-a-biometric-database-for-1.3-billion-people-and-enrollment-is-mandatory