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  <title>Centre for Internet and Society</title>
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            These are the search results for the query, showing results 551 to 565.
        
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            <rdf:li rdf:resource="https://cis-india.org/internet-governance/news/huffington-post-gopal-sathe-july-12-2018-indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away"/>
        
        
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    <item rdf:about="https://cis-india.org/internet-governance/news/huffington-post-gopal-sathe-july-12-2018-indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away">
    <title>India's Latest Data Leak: People's Aadhaar Number And Bank Account Are Just One Google Search Away </title>
    <link>https://cis-india.org/internet-governance/news/huffington-post-gopal-sathe-july-12-2018-indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away</link>
    <description>
        &lt;b&gt;Even Truecaller doesn't reveal this much.

&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Gopal Sathe was published in &lt;a class="external-link" href="https://www.huffingtonpost.in/2018/07/11/indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away_a_23479694/"&gt;Huffington Post&lt;/a&gt; on July 12, 2018.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Imagine being able to hack someone's personal data simply by entering  their mobile phone number into a Google search. There is a website of  the Andhra Pradesh government that's leaking people's phone numbers,  Aadhaar numbers, father's names, passbook and bank account numbers, and  the district and &lt;i&gt;mandal&lt;/i&gt; where they live - all the link to all  this information is the first result you get when you search for the  phone numbers of people in the database.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Andhra government has been leaking the personal data of more than  23,000 farmers who have received subsidies from the Andhra Pradesh  Medicinal and Aromatic Plants Board, and organisation that encourages  the growth of Ayurvedic medicines in the state. The subsidies are  offered to farmers and tribals in the state, and all their personal data  is available on an open database on an Andhra Government website.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The information is not behind any access control, and you can see all  the records, click on them to get the details of anyone, or download  everything as an Excel sheet. But what's perhaps worse is that simply by  searching for the phone numbers of many of these farmers, we were able  to find the detailed information about them. &lt;i&gt;HuffPost India &lt;/i&gt;randomly chose a dozen farmers, and in each case, this database was the first result for their phone number on Google.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;That's the most concerning part - in most cases, even when the  information has leaked, it isn't readily apparent to people. You have to  know the website address, or at the very least spend some time poring  through dashboards. In the case of this latest leak, all you need is the  person's phone number, and all their information is made visible. &lt;i&gt;HuffPost India &lt;/i&gt;has  reported this issue to the AP government, much like earlier leaks,  although at the time of writing the data is still available online.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;Who's held responsible?&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;This is just the latest in a long line of leaks from AP - in just the  last few months, we've reported on a website that let you geo-locate  homes on the &lt;a href="https://www.huffingtonpost.in/2018/04/25/aadhaar-seeding-fiasco-how-to-geo-locate-every-minority-family-in-ap-with-one-click_a_23419643/" target="_blank"&gt;basis of caste and religion&lt;/a&gt;; while another tracked all the medicines people buy, &lt;a href="https://www.huffingtonpost.in/2018/06/17/andhra-pradesh-tracked-you-as-you-bought-viagra-then-put-your-name-and-phone-number-on-the-internet-for-the-world-to-see_a_23459943/" target="_blank"&gt;such as generic viagra&lt;/a&gt;, along with their phone numbers; and one that tracked &lt;a href="https://www.huffingtonpost.in/2018/06/18/ap-government-website-lets-anyone-track-patients-in-ambulances_a_23461912/" target="_blank"&gt;pregnant women in ambulances&lt;/a&gt; in real time.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A government official we spoke to in AP Secretariat said that while all the departments have been digitised, an &lt;a href="https://www.huffingtonpost.in/2018/07/08/the-ap-government-has-a-new-security-hub-to-guard-your-data-but-tech-isnt-the-problem_a_23476310/" target="_blank"&gt;understanding of security&lt;/a&gt; - and privacy - is yet to come. "Even if you tell them, 'this data is  not something you can publish', they disagree and say that it is needed  for the beneficiaries to be able to access their own information," he  explained.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Karan Saini, a security analyst and consultant who writes on issues  of web security and privacy, told HuffPost that the various government  departments are generally unresponsive when breaches like this are  brought up.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"Lack of outreach is an issue with all of these organisations," said  Saini. "NCIIPC is the only one that can even be found by someone looking  at the surface. [These organisations] are hard to get a response from."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;One reason for this, said Srinivas Kodali, a security researcher who  has revealed a tremendous amount of leaks in the AP system, is that  there is no official system of accountability in the government when it  comes to data leaks.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In May 2017, the AP government passed the &lt;a href="https://apit.ap.gov.in/Other%20Docs/GoAP_Part_IV-B.pdf" target="_blank"&gt;Andhra Pradesh Core Digital Data Authority Act&lt;/a&gt;,  under which in section 37 it states that no legal proceeding shall lie  against any officer or employee for anything which is in good faith  done. What this means is that leaks and breaches are not something any  official in the government can be held responsible for.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;This act came out less than a month after the Centre for Internet and Society in Bengaluru published a &lt;a href="https://thewire.in/tech/aadhaar-card-details-leaked" target="_blank"&gt;report&lt;/a&gt; stating that 13 crore Aadhaar numbers were leaked - of which 2 crore were from Andhra Pradesh.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;A lack of (human) resources&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;AP officials do acknowledge the problem. "There is a major shortage  of cybersecurity professionals, and hiring them is a challenge," &lt;a href="https://www.huffingtonpost.in/2018/07/08/the-ap-government-has-a-new-security-hub-to-guard-your-data-but-tech-isnt-the-problem_a_23476310/" target="_blank"&gt;said&lt;/a&gt; V Premchand, head of the Andhra Pradesh Technology Service, who is in  charge of the ongoing security work in the state. AP has seen a major  security audit in May this year, and a privacy audit was announced last  month.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"The work is ongoing but it is not something that can happen  overnight," Premchand explained. However, others argue that the  government isn't doing enough to make use of existing manpower. Unlike  other countries, the Indian government does not have any real bug bounty  program, where security researchers are incentivised to report  weaknesses to organisations for cash rewards and recognition.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Sai Krishna Kothapalli, a student at IIT Guwahati and a security  researcher, told HuffPost that the government actively discourages  security experts from providing their support, rather than encouraging  them.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"The US Department of Defense and others have a responsible  disclosure program and a lot of people from India take part in that," he  said. "Our talent is being used by them instead because the government  here does not reply at all."&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"India's top hackers are being employed by people outside the  country, even though we have the talent here, because will you spend the  time and effort to be ignored here, or report issues to a US company  and make thousands of dollars instead?"&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;However, security audits in India are only being carried out by  agencies that have been empaneled, and most of the hackers active here  don't have the certification, he added. "They're too busy actually doing  the work, while these big companies do audits, and leave all kinds of  security issues behind."&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/huffington-post-gopal-sathe-july-12-2018-indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away'&gt;https://cis-india.org/internet-governance/news/huffington-post-gopal-sathe-july-12-2018-indias-latest-data-leak-is-so-basic-that-peoples-aadhaar-number-bank-account-and-fathers-name-are-just-one-google-search-away&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-07-13T15:18:46Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/forbesindia-august-26-2013-india-internet-privacy-woes">
    <title>India's Internet Privacy Woes</title>
    <link>https://cis-india.org/news/forbesindia-august-26-2013-india-internet-privacy-woes</link>
    <description>
        &lt;b&gt;“For the sake of national security and to protect the privacy of its citizens, India should develop its own social media platforms,” says Dr Kamlesh Bajaj, CEO of Data Security Council of India (DSCI), a Nasscom-promoted ‘self-regulatory’ organisation on data protection and privacy in India, in a blog post dated August 13.&lt;/b&gt;
        &lt;hr /&gt;
&lt;p&gt;This article by Rohin Dharmakumar was &lt;a class="external-link" href="http://forbesindia.com/article/checkin/indias-internet-privacy-woes/35971/1"&gt;published in Forbes India&lt;/a&gt; on August 26, 2013. Pranesh Prakash is quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Citing a litany of woes, including American control over internet  infrastructure, Bajaj makes the case for India to take a leaf out of  China’s playbook (“even though its reasons were different”) and  encourages the creation of “Indian” social media sites and search  engines.&lt;br /&gt;&lt;br /&gt;“Unfortunately, Dr Bajaj provides a wrong solution to a  correct diagnosis,” says Pranesh Prakash, a policy director with the  Centre for Internet and Society. “First, I can’t think of any  governmental intervention—short of a ban on existing foreign  services—that can make a new Indian service successful. Second, India’s  privacy laws are worse than those in the US. Nothing will stop the US  and Indian governments from coming after this company too.”&lt;br /&gt;&lt;br /&gt;The  problem arises because services like Facebook and Google store all your  data unencrypted on their servers, making it easy for them, or  governments and hackers, to monitor everything you do. The correct  solution, says Prakash, would be to encourage the creation and use of  de-centralised and end-to-end encrypted services that do not store all  your data in one place.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/forbesindia-august-26-2013-india-internet-privacy-woes'&gt;https://cis-india.org/news/forbesindia-august-26-2013-india-internet-privacy-woes&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2013-09-05T11:09:30Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/internet-monitor-2013-malavika-jayaram-indias-identity-crisis">
    <title>India's Identity Crisis</title>
    <link>https://cis-india.org/internet-governance/blog/internet-monitor-2013-malavika-jayaram-indias-identity-crisis</link>
    <description>
        &lt;b&gt;Malavika Jayaram's article was published in 2013 Internet Monitor Annual Report: Reflections on the Digital World, published by Harvard's Berkman Center for Internet and Society.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;India’s Unique Identity (UID) project is already the world’s largest biometrics identity program, and it is still growing. Almost 530 million people have been registered in the project database, which collects all ten fingerprints, iris scans of both eyes, a photograph, and demographic information for each registrant. Supporters of the project tout the UID as a societal game changer. The extensive biometric information collected, they argue, will establish the uniqueness of each individual, eliminate fraud, and provide the identity infrastructure needed to develop solutions for a range of problems. Despite these potential benefits, however, critical concerns remain about the UID’s legal and physical architecture as well as about unforeseen risks associated with the linking and analysis of personal data.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The most basic concerns regarding the UID project stem from the fact that biometric technologies have never been tested on such a large population. As a result, well-founded concerns exist around scalability, false acceptance and rejection rates, and the project’s core premise that biometrics can uniquely and unambiguously identify people in a foolproof manner. Some of these concerns are based on technical issues—collecting fingerprints and iris scans “in the field,” for instance, can be complicated when a registrant’s fingerprints are eroded by manual labor or her irises are affected by malnutrition and cataracts. Other concerns relate to the project’s federated implementation architecture, which, by outsourcing collection to a massive group of private and public registrars and operators, increases the chance for data breaches, error, and fraud.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Perhaps even more vexing are concerns regarding how the UID, which promises financial inclusion (by reducing the identification barriers to opening bank accounts, for example), might in fact lead to new types of exclusion for already marginalized groups. Members of the LGBT community, for instance, question whether the inclusion of the transgender category within the UID scheme is a laudable attempt at inclusion, or a new means of listing and targeting members of their community for exclusion. More fundamentally, as more and more services and benefits are linked to the UID, the project threatens to exclude all those who cannot or will not participate in the scheme due to logistical failures or philosophical objections.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;It is worth noting that the UID is not the only large data project in India. A slew of “Big Brother” projects exist: the Centralised Monitoring System (CMS), the Telephone Call Interception System (TCIS), the National Population Register (NPR), the Crime and Criminal Tracking Network and Systems (CCTNS), and the National Intelligence Grid (NATGRID), which is working to aggregate up to 21 different databases relating to tax, rail and air travel, credit card transactions, immigration, and other domains. The UID is intended to serve as a common identifier across these databases, creating a massive surveillance state. It also facilitates an ecosystem where access to goods and services, from government subsidies to drivers’ licenses to mobile phones to cooking gas, increasingly requires biometric authentication.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The UID project was originally vaunted as voluntary, but the inexorable slippery slope toward compulsory participation has triggered a series of lawsuits challenging the legality of forced enrollment and the constitutionality of the entire project. Most recently, in September 2013, India’s federal Supreme Court affirmed by way of an interim decision that the UID was not mandatory, that not possessing a UID should not disadvantage anybody, and that citizenship should be ascertained as a criteria for registering in order to ensure that UIDs are not issued to illegal immigrants. This last stipulation is particularly thorny given that the Unique Identification Authority of India (UIDAI, the body in charge of the UID project) has consistently distanced the UID from questions of citizenship under the justification that it is a matter beyond their remit (i.e., the UID is open to residents, and is not linked to citizenship). The government moved quickly to urge a modification of the order, but the Supreme Court declined to do so and will instead release its final decision after it reviews a batch of petitions from activists and others. The UIDAI approached the court, arguing that not making the UID mandatory has serious consequences for welfare schemes, but the court recently ordered the federal government, the Reserve Bank of India, and the Election Commission to delink the LPG cooking gas scheme from the UID. This is a considerable setback for the project, given that this was one of the most hyped linkages for the UID. It remains to be seen whether the court will similarly halt other attempts to make the UID mandatory.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In the meantime, the UID project is effectively being implemented in a legal vacuum without support from the Supreme Court or Parliament. The Cabinet is seeking to rectify this and has cleared a bill that would finally provide legal backing for the UID program—its previous attempt was rejected by the Standing Committee on Finance in 2010. This bill is scheduled to come up for debate during the winter session of Parliament. The bill’s progress, along with the final decision of the Supreme Court, will have far reaching consequences for the UID project’s implementation and longevity, as well as for the relationship between India’s citizens and the state.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;If fully implemented, the UID system will fundamentally alter the way in which citizens interact with the government by creating a centrally controlled, technology-based standard that mediates access to social services and benefits, financial systems, telecommunications, and governance. It will undoubtedly also have implications for how citizens relate to private sector entities, on which the UID rests and which have their own vested interests in the data. The success or failure of the UID represents a critical moment for India. Whatever course the country takes, its decision to travel further toward or turn away from becoming a “database nation” will have implications for democracy, free speech, and economic justice within its own borders and also in the many neighboring countries that look to it as a technological standard bearer.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Indian government seems to envision “big data” as a panacea for fraud, corruption, and abuse, but it has given little attention to understanding and addressing the fraud, corruption, and abuse that massive databases can themselves engender. The government’s actions have yet to demonstrate an appreciation for the fact that the matrix of identity and surveillance schemes it has implemented can create a privacy-invading technology layer that is not only a barrier to online activity but also to social participation writ large.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The lack of identification documents for a large portion of the Indian population does need to be addressed. Whether the UID project is the best means to do this—whether it has the right architecture and design, whether it can succeed without an overhaul of several other failures of governmental institutions, and whether fixing the identity piece alone causes more harm than good—should be the subject of intense debate and scrutiny. Only through rigorous threat modeling and analysis of the risks arising out of this burgeoning “data industrial complex” can steps be taken to stem the potential repercussions of the project not just for identity management, fraud, corruption, distributive justice, and welfare generally, but also for autonomy, openness, and democracy.&lt;/p&gt;
&lt;hr /&gt;
&lt;p&gt;&lt;a href="https://cis-india.org/internet-governance/blog/internet-monitor-2013.pdf" class="internal-link"&gt;Click to download the article published in the annual report of Berkman's Center for Internet and Society &lt;/a&gt;(PDF 7223 Kb)&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/internet-monitor-2013-malavika-jayaram-indias-identity-crisis'&gt;https://cis-india.org/internet-governance/blog/internet-monitor-2013-malavika-jayaram-indias-identity-crisis&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>malavika</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2014-01-09T07:56:08Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/epw-amber-sinha-may-18-2018-for-indias-data-protection-regime-to-be-efficient-policymakers-should-treat-privacy-as-a-social-good">
    <title>India's Data Protection Framework Will Need to Treat Privacy as a Social and Not Just an Individual Good</title>
    <link>https://cis-india.org/internet-governance/blog/epw-amber-sinha-may-18-2018-for-indias-data-protection-regime-to-be-efficient-policymakers-should-treat-privacy-as-a-social-good</link>
    <description>
        &lt;b&gt;The idea that technological innovations may compete with privacy of individuals assumes that there is social and/or economic good in allowing unrestricted access to data. However, it must be remembered that data is potentially a toxic asset, if it is not collected, processed, secured and shared in the appropriate way.&lt;/b&gt;
        &lt;div class="field-label-hidden      field-type-text-with-summary field-name-body field" style="text-align: justify; "&gt;
&lt;div class="field-items"&gt;
&lt;div class="even field-item"&gt;
&lt;p&gt;Published in Economic &amp;amp; Political Weekly, Volume 53, Issue No. 18, 05 May, 2018. Article can be &lt;a class="external-link" href="http://www.epw.in/engage/article/for-indias-data-protection-regime-to-be-efficient-policymakers-should-treat-privacy-as-a-social-good"&gt;accessed online here&lt;/a&gt;.&lt;/p&gt;
&lt;hr /&gt;
&lt;p&gt;In             July 2017, the Ministry of Electronics and Information             Technology (MeITy) in India set up a committee headed by a             former judge, B N Srikrishna, to address the growing clamour             for privacy protections at a time when both private             collection of data and public projects like Aadhaar are             reported to pose major privacy risks (Maheshwari 2017). The             Srikrishna Committee is in the process of providing its             input, which will go on to inform India’s data-protection             law.&lt;/p&gt;
&lt;p&gt;While             the committee released a white paper with provisional views,             seeking feedback a few months ago, it may be discussing a             data protection framework without due consideration to how             data practices have evolved.&lt;/p&gt;
&lt;p&gt;In             early 2018, a series of stories based on investigative             journalism by &lt;em&gt;Guardian&lt;/em&gt;and &lt;em&gt;Observer&lt;/em&gt; revealed             that the data of 87 million Facebook users was used for the             Trump campaign by a political consulting firm, Cambridge             Analytica, without their permissions. Aleksandr Kogan, a             psychology researcher at the University of Cambridge,             created an application called “thisisyourdigitallife” and             collected data from 270,000 participants through a             personality test using Facebook’s application programming             interface (API), which allows developers to integrate with             various parts of the Facebook platform (Fruchter et al             2018). This data was collected purportedly for academic             research purposes only. Kogan’s application also collected             profile data from each of the participants’ friends, roughly             87 million people.&lt;/p&gt;
&lt;p&gt;The             kinds of practices concerning the sharing and processing of             data exhibited in this case are not unique. These are, in             fact, common to the data economy in India as well. It can be             argued that the Facebook–Cambridge Analytica incident is             representative of data practices in the data-driven digital             economy. These new practices pose important questions for             data protection laws globally, and how these may need to             evolve to address data protection, particularly for India,             which is in the process of drafting its own data protection             law.&lt;/p&gt;
&lt;h2&gt;&lt;strong&gt;Privacy as Control&lt;/strong&gt;&lt;/h2&gt;
&lt;p&gt;Most             modern data protection laws focus on individual control. In             this context, the definition by the late Alan Westin             (2015) characterises privacy as:&lt;/p&gt;
&lt;blockquote style="padding-left: 20px; "&gt;
&lt;p&gt;The claim               of individuals, groups, or institutions to determine for               themselves when, how, and to what extent information about               them is communicated to other.&lt;/p&gt;
&lt;/blockquote&gt;
&lt;p&gt;The             idea of “privacy as control” is what finds articulation in             data protection policies across jurisdictions, beginning             with the Fair Information Practice Principles (FIPP) from             the United States (US) (Dixon 2006). These FIPPs are the             building blocks of modern information privacy law (Schwartz             1999) and not only play a significant role in the             development of privacy laws in the US, but also inform data             protection laws in most privacy regimes internationally             (Rotenberg 2001), including the nine “National Privacy             Principles” articulated by the Justice A P Shah Committee in             India. Much of this approach is also reflected in the white             paper released by the committee, led by Justice Srikrishna,             towards the creation of data protection laws in India             (Srikrishna 2017)&lt;/p&gt;
&lt;p&gt;This             approach essentially involves the following steps (Cate             2006):&lt;/p&gt;
&lt;p&gt;(i)             Data controllers are required to tell individuals what data             they wish to collect and use and give them a choice to share             the data. &lt;br /&gt; (ii) Upon sharing, the individuals have rights such as being             granted access, and data controllers have obligations such             as securing the data with appropriate technologies and             procedures, and only using it for the purposes identified.&lt;/p&gt;
&lt;p&gt;The             objective in this approach is to make the individual             empowered and allow them to weigh their own interests in             exercising their consent. The allure of this paradigm is             that, in one elegant stroke, it seeks to “ensure that             consent is informed and free and thereby also (seeks) to             implement an acceptable tradeoff between privacy and             competing concerns.” (Sloan and Warner 2014). This approach             is also easy to enforce for both regulators and businesses.             Data collectors and processors only need to ensure that they             comply with their privacy policies, and can thus reduce             their liability while, theoretically, consumers have the             information required to exercise choice. In recent years,             however, the emergence of big data, the “Internet of             Things,” and algorithmic decision-making has significantly             compromised the notice and consent model (Solove 2013).&lt;/p&gt;
&lt;h2&gt;&lt;strong&gt;Limitations of Consent &lt;/strong&gt;&lt;/h2&gt;
&lt;p&gt;Some             cognitive problems, such as long and difficult to understand             privacy notices, have always existed with regard to the             issue of informed consent, but lately these problems have             become aggravated. Privacy notices often come in the form of             long legal documents, much to the detriment of the readers’             ability to understand them. These policies are “long,             complicated, full of jargon and change frequently” (Cranor             2012).&lt;/p&gt;
&lt;p&gt;Kent             Walker (2001) lists five problems that privacy notices             typically suffer from:&lt;/p&gt;
&lt;p&gt;(i)             Overkill: Long and repetitive text in small print.&lt;br /&gt; (ii) Irrelevance: Describing situations of little concern to             most consumers.&lt;br /&gt; (iii) Opacity: Broad terms that reflect limited truth, and             are unhelpful to track and control the information collected             and stored.&lt;br /&gt; (iv) Non-comparability: Simplification required to achieve             comparability will lead to compromising of accuracy.&lt;br /&gt; (v) Inflexibility: Failure to keep pace with new business             models.&lt;/p&gt;
&lt;p&gt;Today,             data is collected continuously with every use of online             services, making it humanly impossible to exercise             meaningful consent. &lt;br /&gt; The quantity of data being generated is expanding at an             exponential rate. With connected devices, smartphones,             appliances transmitting data about our usage, and even the             smart cities themselves, data now streams constantly from             almost every sector and function of daily life, “creating             countless new digital puddles, lakes, tributaries and oceans             of information” (Bollier 2010).&lt;/p&gt;
&lt;p&gt;The             infinitely complex nature of the data ecosystem renders             consent of little value in cases where individuals may be             able to read and comprehend privacy notices. As the uses of             data are so diverse, and often not limited by a purpose             identified at the beginning, individuals cannot             conceptualise how their data will be aggregated and possibly             used or reused.&lt;/p&gt;
&lt;p&gt;Seemingly             innocuous bits of data revealed at different stages could be             combined to reveal sensitive information about the             individual. While the regulatory framework is designed such             that individuals are expected to engage in cost–benefit             analysis of trading their data to avail services, this             ecosystem makes such individual analysis impossible.&lt;/p&gt;
&lt;h2&gt;&lt;strong&gt;Conflicts Between Big Data               and Individual Control&lt;/strong&gt;&lt;/h2&gt;
&lt;p&gt;The             thrust of big data technologies is that the value of data             resides not in its primary purposes, but in its numerous             secondary purposes, where data is reused many times over             (Schoenberger and Cukier 2013).&lt;/p&gt;
&lt;p&gt;On             the other hand, the idea of privacy as control draws from             the “data minimisation” principle, which requires             organisations to limit the collection of personal data to             the minimum extent necessary to obtain their legitimate             purpose and to delete data no longer required. Control is             excercised and privacy is enhanced by ensuring data             minimisation. These two concepts are in direct conflict.             Modern data-driven businesses want to retain as much data as             possible for secondary uses. Since these secondary uses are,             by their nature, unanticipated, their practices run counter             to the very principle of purpose limitation (Tene and             Polonetsky 2012).&lt;/p&gt;
&lt;p&gt;It             is evident from such data-sharing practices, as demonstrated             by the Cambridge Analytica–Facebook story, that platform             architectures are designed with a clear view to collect as             much data as possible. This is amply demonstrated by the             provision of a “friends permission” feature by Facebook on             its platform to allow individuals to share information not             just about themselves, but also about their friends. For the             principle of informed consent to be meaningfully             implemented, it is necessary for users to have access to             information about intended data practices, purposes and             usage, so they consciously share data about themselves.&lt;/p&gt;
&lt;p&gt;In             reality, however, privacy policies are more likely to serve             as liability disclaimers for companies than any kind of             guarantee of privacy for consumers. A case in point is Mark             Zuckerberg’s facile claim that there was no “data-breach" in             the Cambridge Analytica–Facebook incident. Instead of asking             each of the 87 million users whether they wanted their data             to be collected and shared further, Facebook designed a             platform that required consent in any form only from 270,000             users. Not only were users denied the opportunity to give             consent, their consent was assumed through a feature which             was on by default. This is representative of how privacy             trade-offs are conceived by current data-driven business             models. Participation in a digital ecosystem is by itself             deemed as users’ consent to relinquish control over how             their data is collected, who may have access to it, and what             purposes it may be used for.&lt;/p&gt;
&lt;p&gt;Yet,             Zuckerberg would have us believe that the primary privacy             issue of concern is not about how his platform enabled the             collection of users’ data without their explicit consent,             but in the subsequent unauthorised sharing of the data by             Kogan. Zuckerberg’s insistence that collection of data of             people without their consent is not a data breach is             reminiscent of the UIDAI’s recent claims in India that             publication of Aadhaar numbers and related information by             several government websites  is not a data breach, so long             as its central biometric database in secure (Sharma 2018).             In such cases also, the intended architecture ensured the             seeding of other databases with Aadhaar numbers, thus             creating multiple potential points of failure through             disclosure. Similarly, the design flaws in direct benefit             transfers enabled Airtel to create payments bank accounts             with the customers’ knowledge (&lt;em&gt;Hindu Business Line 2017&lt;/em&gt;). Such claims             clearly suggest the very limited responsibility data             controllers (both public and private) are willing to take             for personal data that they collect, while wilfully             facilitating and encouraging data practices which may lead             to greater risk to data.&lt;/p&gt;
&lt;p&gt;On             this note, it is also relevant to point out that the             Srikrishna committee white paper begins with identifying             informational privacy and data innovation as its two key             objectives. It states that “a firm legal framework for data             protection is the foundation on which data-driven innovation             and entrepreneurship can flourish in India.”&lt;span&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p&gt;Conversations             around privacy and data have become inevitably linked to the             idea of technological innovation as a competing interest.             Before engaging in such conversations, it is important to             acknowledge that the value of innovation as a competing             interest itself is questionable. It is not a competing             right, nor a legitimate public interest endeavour, nor a             proven social good.&lt;/p&gt;
&lt;p&gt;The             idea that in policymaking, technological innovations may             compete with privacy of individuals assumes that there is             social and/or economic good in allowing unrestricted access             to data. The social argument is premised on the promises of             mathematical models and computational capacity being capable             of identifying key insights from data. In turn, these             insights may be useful in public and private             decision-making. However, it must be remembered that data is             potentially a toxic asset, if it is not collected,             processed, secured and shared in the appropriate way.             Sufficient research suggests that indiscriminate data             collection is greatly increasing the ratio of noise to             signal, and can lead to erroneous insights. Further, the             greater the amount of data you collect, the greater is the             attack surface that leads to cybersecurity risks. Further,             incidents such as Facebook–Cambridge Analytica demonstrate             that toxicity of data in various ways and underscores the             need for data regulation at every stage of the data             lifecycle (Scheiner  2016). These are important tempering             factors that need to be kept in mind while evaluating data             innovation as a key mover of policy or regulation.&lt;/p&gt;
&lt;h2&gt;&lt;strong&gt;Privacy as Social Good&lt;/strong&gt;&lt;/h2&gt;
&lt;p&gt;As             long as privacy is framed as arising primarily from             individual control, data controllers will continue to engage             in practices that compromise the ability to exercise choice.             There is a need to view privacy as a social good, and             policymaking should ensure its preservation and enhancement.             Contractual protections and legal sanctions can themselves             do little if platform architectures are designed to do the             exact opposite.&lt;/p&gt;
&lt;p&gt;More             importantly, policymaking needs to recognise privacy not             merely as an individual right, available for individuals to             forego when engaging with data-driven business models, but             also as a social good. The recognition of something as a             social good deems it desirable by definition, and a             legitimate goal of law and policy, rather than rely             completely on market forces for its achievement.&lt;/p&gt;
&lt;p&gt;The             Puttaswamy judgment (K Puttaswamy v Union of India             2017) lends sufficient weight to privacy’s social value by             identifying it as fundamental to any individual development             through its dependence on solitude, anonymity, and temporary             releases from social duties.&lt;/p&gt;
&lt;p&gt;Sociological             scholarship demonstrates that different types of social             relationships, be it Gesellschaft (interest groups and             acquaintances) or Gemeinschaft (friendship, love, and             marriage), and the nature of these relationships depend on             the ability to conceal certain things (Simmel 1906).             Demonstrating this in the context of friendships, it has             been stated that such relationships “present a very peculiar             synthesis in regard to the question of discretion, of             reciprocal revelation and concealment.” Friendships, much             like most other social relationships, are very much             dependent on our ability to selectively present ourselves to             others. Contrast this with Zuckerberg’s stated aim of making             the world more “open” where information about people flows             freely and effectively without any individual control.             Contrast this also with government projects such as the             Aadhaar which intends to act as one universal identity which             can provide a 360-degree view of citizens.&lt;/p&gt;
&lt;p&gt;Other             scholars such as Julie Cohen (2012) and Anita Allen (2011)             have demonstrated that data that a person produces or has             control over concerns both herself and others. Individuals             can be exposed not only because of their own actions and             choices, but also made vulnerable merely because others have             been careless with their data. This point is amply             demonstrated in the Facebook–Cambridge Analytica incident.             What this means is that protection of privacy requires not             just individual action, but in a sense, requires group             co-ordination. It is my argument that this group interest of             privacy as a social good must be the basis of policymaking             and regulation of data in the future, in addition to the             idea of privacy as an individual right. In the absence of             attention to the social good aspect of privacy, individual             consumers are left to their own devices to negotiate  their             privacy trade-offs with large companies and governments and             are significantly compromised.&lt;/p&gt;
&lt;p&gt;What             this translates into is a regulatory framework and data             protection frameworks should not be value-neutral in their             conception of privacy as a facet of individual control. The             complete reliance of data regulation on the data subject to             make an informed choice is, in my opinion, an idea that has             run its course. If privacy is viewed as a social good, then             the data protection framework, including the laws and the             architecture must be designed with a view to protect it,             rather than leave it entirely to the market forces.&lt;/p&gt;
&lt;h2&gt;&lt;strong&gt;The Way Forward&lt;/strong&gt;&lt;/h2&gt;
&lt;p&gt;Data             protection laws need to be re-evaluated, and policymakers             must recognise Lawrence Lessig’s dictum that “code is law.”             Like laws, architecture and norms can play a fundamental             role in regulation. Regulatory intervention for technology             need not mean regulation of technology only, but also how             technology itself may be leveraged for regulation (Lessig             2006; Reidenberg 1998). It is key that the latter is not             left only in the hands of private players. &lt;br /&gt; Zuckerberg, in his testimony (&lt;em&gt;Washington Post&lt;/em&gt; 2018) before             the United States Senate's Commerce and Judiciary             committees, asserted that "AI tools" are central to any             strategy for addressing hate speech, fake news, and             manipulations that use data ecosystems for targeting.&lt;/p&gt;
&lt;p&gt;What             is most concerning in his testimony is the complete lack of             mention of standards, public scrutiny and peer-review             processes, which “AI tools” and regulatory technologies need             to be subject to. Further, it cannot be expected that             data-driven businesses will view privacy as a social good or             be publicly accountable.&lt;/p&gt;
&lt;p&gt;As             policymakers in India gear up for writing the country’s data             protection law, they must acknowledge that their             responsibility extends to creating norms and principles that             will inform future data-driven platforms and regulatory             technologies.&lt;/p&gt;
&lt;p&gt;Since             issues of privacy and data protection will have to be             increasingly addressed at the level of how architectures             enable data collection, and more importantly how data is             used after collection, policymakers must recognise that             being neutral about these practices is no longer enough.             They must take normative positions on data collection,             processing and sharing practices. These positions cannot be             implemented through laws only, but need to be translated             into technological solutions and norms.  Unless a             multipronged approach comprising laws, architecture and             norms is adopted, India’s new data protection regime may end             up with limited efficacy.&lt;/p&gt;
&lt;/div&gt;
&lt;/div&gt;
&lt;/div&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/epw-amber-sinha-may-18-2018-for-indias-data-protection-regime-to-be-efficient-policymakers-should-treat-privacy-as-a-social-good'&gt;https://cis-india.org/internet-governance/blog/epw-amber-sinha-may-18-2018-for-indias-data-protection-regime-to-be-efficient-policymakers-should-treat-privacy-as-a-social-good&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>amber</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-05-18T06:22:57Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/nlud-student-law-journal-sunil-abraham-mukta-batra-geetha-hariharan-swaraj-barooah-and-akriti-bopanna-indias-contribution-to-internet-governance-debates">
    <title>India's Contribution to Internet Governance Debates</title>
    <link>https://cis-india.org/internet-governance/blog/nlud-student-law-journal-sunil-abraham-mukta-batra-geetha-hariharan-swaraj-barooah-and-akriti-bopanna-indias-contribution-to-internet-governance-debates</link>
    <description>
        &lt;b&gt;India's Contribution to Internet Governance Debates", an article by Sunil Abraham, Mukta Batra, Geetha Hariharan, Swaraj Barooah and Akriti Bopanna, was recently published in the NLUD Student Law Journal, an annual peer-reviewed journal published by the National Law University, Delhi.&lt;/b&gt;
        &lt;h2&gt;Abstract&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;India is the leader that championed ‘access to knowledge’ and ‘access to medicine’. However, India holds seemingly conflicting views on the future of the Internet, and how it will be governed. India’s stance is evolving and is distinct from that of authoritarian states who do not care for equal footing and multi-stakeholderism.&lt;/p&gt;
&lt;hr /&gt;
&lt;h2 style="text-align: justify; "&gt;Introduction&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;Despite John Perry Barlow’s defiant and idealistic Declaration of Independence of Cyberspace1 in 1996, debates about governing the Internet have been alive since the late 1990s. The tug-of-war over its governance continues to bubble among states, businesses, techies, civil society and users. These stakeholders have wondered who should govern the Internet or parts of it: Should it be the Internet Corporation for Assigned Names and Numbers (ICANN)? The International Telecommunications Union (ITU)? The offspring of the World Summit on Information Society (WSIS) - the Internet Governance Forum (IGF) or Enhanced Cooperation (EC) under the UN? Underlying this debate has been the role and power of each stakeholder at the decision-making table.States in both the global North and South have taken various positions on this issue.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Whether all stakeholders ought to have an equal say in governing the unique structure of the Internet or do states have sovereign public policy authority? India has, in the past, subscribed to the latter view. For instance, at WSIS in 2003, through Arun Shourie, then India’s Minister for Information Technology, India supported the move ‘requesting the Secretary General to set up a Working Group to think through issues concerning Internet Governance,’ offering him ‘considerable experience in this regard... [and] contribute in whatever way the Secretary General deems appropriate’. The United States (US), United Kingdom (UK) and New Zealand have expressed their support for ‘equal footing multi-stakeholderism’ and Australia subscribes to the status quo.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India’s position has been much followed, discussed and criticised. In this article, we trace and summarise India’s participation in the IGF, UN General Assembly (‘UNGA’), ITU and the NETmundial conference (April 2014) as a representative sample of Internet governance fora. In these fora, India has been represented by one of three arms of its government:  the  Department  of  Electronics  and  Information  Technology  (DeitY),  the Department of Telecommunications (DoT) and the Ministry of External Affairs (MEA). The DeitY was converted to a full-fledged ministry in 2016 known as the Ministry of Electronics and Information Technology (MeitY). DeitY and DoT were part of the Ministry of Communications and Information Technology (MCIT) until 2016 when it was bifurcated into the Ministry of Communications and MeitY.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;DeitY  used  to  be  and  DoT  still  is,  within  the  Ministry  of  Communications  and Information Technology (MCIT) in India. Though India has been acknowledged globally for championing ‘access to knowledge’ and ‘access to medicine’ at the World Intellectual Property Organization (WIPO) and World Trade Organization (WTO), global civil society and other stakeholders have criticised India’s behaviour in Internet governance for reasons such as lack of continuity and coherence and for holding policy positions overlapping with those of authoritarian states.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;We  argue  that  even  though  confusion  about  the  Indian  position  arises  from  a multiplicity of views held within the Indian government, India’s position, in totality, is distinct from those of authoritarian states. Since criticism of the Indian government became more strident in 2011, after India introduced a proposal at the UNGA for a UN Committee on Internet-related Policies (CIRP) comprising states as members, we will begin to trace India's position chronologically from that point onwards.&lt;/p&gt;
&lt;hr /&gt;
&lt;ul&gt;
&lt;li&gt; Download the paper published in NLUD Student Law Journal &lt;a class="external-link" href="http://cis-india.org/internet-governance/files/indias-contribution-to-internet-governance-debates/"&gt;here&lt;/a&gt;&lt;/li&gt;
&lt;li&gt;For a timeline of the events described in the article &lt;a class="external-link" href="http://cis-india.org/internet-governance/files/indias-position-on-multi-stakeholderism-vs-multilateralism"&gt;click here&lt;/a&gt;&lt;/li&gt;
&lt;li&gt;Read the paper published by NLUD Student Law Journal &lt;a class="external-link" href="https://nludslj.webs.com/archives"&gt;on their website&lt;/a&gt;&lt;/li&gt;
&lt;/ul&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/nlud-student-law-journal-sunil-abraham-mukta-batra-geetha-hariharan-swaraj-barooah-and-akriti-bopanna-indias-contribution-to-internet-governance-debates'&gt;https://cis-india.org/internet-governance/blog/nlud-student-law-journal-sunil-abraham-mukta-batra-geetha-hariharan-swaraj-barooah-and-akriti-bopanna-indias-contribution-to-internet-governance-debates&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Sunil Abraham, Mukta Batra, Geetha Hariharan, Swaraj Barooah and Akriti Bopanna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Freedom of Speech and Expression</dc:subject>
    
    
        <dc:subject>ICANN</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-08-16T15:38:02Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/news/theregister-uk-phil-muncaster-july-9-2013-indias-centralised-snooping-system-facing-big-delays">
    <title>India's centralised snooping system facing big delays</title>
    <link>https://cis-india.org/news/theregister-uk-phil-muncaster-july-9-2013-indias-centralised-snooping-system-facing-big-delays</link>
    <description>
        &lt;b&gt;Central Monitoring System lacks algorithms, database and data.&lt;/b&gt;
        &lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;This blog post by Phil Muncaster was &lt;a class="external-link" href="http://www.theregister.co.uk/2013/07/09/india_cms_hit_by_delays/"&gt;published in "The Register, UK" &lt;/a&gt;on July 9, 2013. The Centre for Internet &amp;amp; Society is mentioned.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;After recent revelations about governments snooping on their own  citizens, it's nice to know that not every such effort is going  smoothly, as India’s much criticised NSA-style Centralised Monitoring  System (CMS) is facing big delays after it emerged that the project is  still missing the vital software which will allow analysts to search  comms data.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The nation's Department of Telecommunications has now told the Center  for Development of Telematics (C-DoT), which is installing the system,  to speed things up, according to official documents seen by the &lt;a href="http://blogs.wsj.com/indiarealtime/2013/07/06/indias-surveillance-program-stalled/" target="_blank"&gt;&lt;i&gt;Wall Street Journal&lt;/i&gt;.&lt;/a&gt;&lt;/p&gt;
&lt;div id="article-mpu-container" style="text-align: justify; "&gt;
&lt;div id="ad-mu1-spot"&gt;
&lt;div id="ad-mu1-spot_ad_container"&gt;&lt;ins&gt;&lt;ins&gt;&lt;/ins&gt;&lt;/ins&gt;&lt;/div&gt;
&lt;/div&gt;
&lt;p&gt;The Rs.4 billion (£47.8m) CMS was originally conceived as a way of  allowing the authorities to lawfully intercept voice calls and texts,  emails, social media and the geographical location of individuals.&lt;/p&gt;
&lt;/div&gt;
&lt;p style="text-align: justify; "&gt;However, the Intelligence Bureau, which will be manning the system, has delayed its introduction for several reasons.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Firstly, mobile operators in only seven of the sub-continent’s 22  service areas have been connected to the CMS, leaving holes in its  reach.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;There’s also a major issue in that the system currently lacks the  search algorithms needed to identify specific documents, meaning that as  it stands operatives would have to search every email in the CMS to  find the one they’re looking for.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The datacentre where intercepted data is to be stored is also  apparently not yet ready, while the country’s Central Bureau of  Investigation has yet to be given access to the system, causing further  delays.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;At a time when mass government monitoring of communications networks  is a hot topic around the world thanks to Edward Snowden’s NSA  revelations, rights groups have roundly slammed India’s CMS plans.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Human Rights Watch branded the scheme “chilling” in a strongly worded &lt;a href="http://www.hrw.org/news/2013/06/07/india-new-monitoring-system-threatens-rights" target="_blank"&gt;response&lt;/a&gt;, while India’s Centre for Internet and Society &lt;a href="https://cis-india.org/internet-governance/blog/indias-big-brother-the-central-monitoring-system" target="_blank"&gt;warned&lt;/a&gt; that the country currently doesn’t have privacy laws which could protect individuals from potential abuse of the system.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A &lt;a href="http://stopicms.org/" target="_blank"&gt;Stop ICMS campaign&lt;/a&gt; has also been launched online in an attempt to mobilise opposition to the plans.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/news/theregister-uk-phil-muncaster-july-9-2013-indias-centralised-snooping-system-facing-big-delays'&gt;https://cis-india.org/news/theregister-uk-phil-muncaster-july-9-2013-indias-centralised-snooping-system-facing-big-delays&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2013-07-15T06:35:05Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/indias-biometric-identification-programs-and-privacy-concerns">
    <title>India's Biometric Identification Programs and Privacy Concerns</title>
    <link>https://cis-india.org/internet-governance/blog/indias-biometric-identification-programs-and-privacy-concerns</link>
    <description>
        &lt;b&gt;The invasiveness of individual identification coupled with the fallibility of managing big data which biometric identification presents poses a huge risk to individual privacy in India.
&lt;/b&gt;
        
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify;"&gt;Divij Joshi is a 2nd year at NLS. He is interning with the Centre for Internet and Society for the privacy project. &lt;em&gt;This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC&lt;/em&gt;.&lt;/p&gt;
&lt;hr /&gt;
&lt;h3&gt;Introduction&lt;/h3&gt;
&lt;p style="text-align: justify;"&gt;Biometric technology looks to be the way ahead for the Indian government in its initiatives towards identification. From the Unique Identity Scheme (Aadhaar) to the National Population Register and now to Election ID’s, [1] biometric identification seems to have become the government’s new go-to solution for all kinds of problems. Biometrics prove to be an obvious choice in individual identification schemes – it’s easiest to identify different individuals by their faces and fingerprints, unique and integral aspects of individuals – yet, the unflinching optimism in the use of biometric technology and the collection of biometric data on a massive scale masks several concerns regarding compromises of individual privacy.&lt;/p&gt;
&lt;h3 style="text-align: justify;"&gt;‘Big Data’ and Privacy Issues&lt;/h3&gt;
&lt;p style="text-align: justify;"&gt;Biometric data is going to be collected under several existing and proposed identification schemes of the government, from the Centralized Identities Data Register of the UID to the draft DNA Profiling Bill which seeks to improve criminal forensics and identification. With the completion of the biometric profiling under the UID, the Indian government will have the largest database of personal biometric data in the world. [3] With plans for the UID to be used for several different purposes — as a ration card, for opening a banking account, for social security and healthcare and several new proposed uses emerging everyday,&lt;a name="fr1" href="#fn1"&gt;[1]&lt;/a&gt; the creation of ‘Big Data’ becomes possible. ‘Big Data’ is characterized by the volume of information that is produced, the velocity by which data is produced, the variety of data produced and the ability to draw new conclusions from an analysis of the data.&lt;a name="fr2" href="#fn2"&gt;[2]&lt;/a&gt; The UID will generate “Big Data” as it is envisioned that the number will be used in every transaction for any platform that adopts it — for all of the 1.2 billion citizens of India. In this way the UID is different any other identity scheme in India, where the identifier is used for a specific purpose at a specific point of time, by a specific platform, and generates data only in connection to that service. Though the creation of “Big Data” through the UID could be beneficial through analysing data trends to target improved services, for example, at the same time it can be problematic in case of a compromise or breach, or if generated information is analyzed to draw new and unintended conclusions about individuals without their consent, and using information for purposes the individuals did not mean for it to be used.&lt;/p&gt;
&lt;h3 style="text-align: justify;"&gt;Biometric ID and Theft of Private Data&lt;/h3&gt;
&lt;p style="text-align: justify;"&gt;The government has touted identification schemes such as the UID and NPR as a tool to tackle rural poverty, illegal immigration and national security issues and with this as the premise, the concerns about privacy seem to have been left in the lurch. The optimism driving the programmes also means that its potential fallibility is often overlooked in the process. Biometric technology has been proven time and again to be just as easily jeopardized as any other and the threat of biometric identity theft is as real and common as something like credit card fraud, with fingerprints and iris scans being easily capable of replication and theft without the individual owners consent. [2] In fact, compromise or theft of biometric identity data presents an even greater difficulty than other forms of ID because of the fact that it is unique and intrinsic, and hence, once lost cannot be re-issued or reclaimed like traditional identification like a PIN, leaving the individual victim with no alternative system for identification or authentication. This would also defeat the entire purpose behind any authentication and identification schemes. With the amount of personal data that the government plans to store in databases using biometrics, and without adequate safeguards which can be publicly scrutinized, using this technology would be a premature and unsafe move.&lt;/p&gt;
&lt;h3 style="text-align: justify;"&gt;Biometric data and Potential Misuse&lt;/h3&gt;
&lt;p style="text-align: justify;"&gt;Centralised data storage is problematic not only for the issues with data compromise and identity theft, but the problems of potential third-party misuse in the absence of an adequate legal framework for protecting such personal data, and proper technical safeguards for the same, as has been pointed out by the Standing Committee on Finance in its report on the UIDAI project.&lt;a name="fr4" href="#fn4"&gt;[4]&lt;/a&gt; The threat to privacy which these massive centralized databases pose has led to the shelving of similar programmes in England as well as France. [4] Further, concerns have been voiced about data sharing and access to the information contained in the biometric database. The biometric database is to be managed by several contracting companies based in the US. These same companies have legal obligations to share any data with the US government and Homeland Security. [5]&lt;/p&gt;
&lt;p style="text-align: justify;"&gt;A second, growing concern over biometric identification schemes is over the use of biometrics for state surveillance purposes. While the UID’s chief concern on paper has been development, poverty, and corruption alleviation, there is no defined law or mandate which restricts the number from being used for other purposes, hence giving rise to concerns of a function creep - a shift in the use of the UID from its original intended purpose. For example, the Kerala government has recently proposed a scheme whereby the UID would be used to track school children.&lt;a name="fr5" href="#fn5"&gt;[5]&lt;/a&gt; Other schemes such as the National Population Register and the DNA Profiling Bill have been specifically set up with security of the State as the mandate and aim.&lt;a name="fr6" href="#fn6"&gt;[6]&lt;/a&gt; With the precise and accurate identification which biometrics offers, it also means that individuals are that much easier to continuously survey and track, for example, by using CCTV cameras with facial recognition software, the state could have real-time surveillance over any activities of any individual.&lt;a name="fr7" href="#fn7"&gt;[7]&lt;/a&gt;&lt;/p&gt;
&lt;p style="text-align: justify;"&gt;With all kinds of information about individuals connected by a single identifier, from bank accounts to residential and voter information, the threat of increased state surveillance, and misuse of information becomes more and more pronounced. By using personal identifiers like fingerprints or iris scans, agencies can potentially converge data collected across databases, and use it for different purposes. It also means that individuals can potentially be profiled through the information provided from their various databases, accessed through identifiers, which leads to concerns about surveillance and tracking, without the individuals knowledge. There are no Indian laws or policies under data collection schemes which address concerns of using personal identifiers for tracking and surveillance.&lt;a name="fr8" href="#fn8"&gt;[8]&lt;/a&gt; Even if such such use is essential for increased national security, the implementation of biometrics for constant surveillance under the present regime ,where individuals are not notified about the kind of data being collected and for what its being used, would be a huge affront on civil liberties, as well as the Right to Privacy, and prove to be a powerful and destructive weapon in the hands of a police state. Without these concerns being addressed by a suitable, publicly available policy, it could pose a huge threat to individual privacy in the country. As was noted by the Deputy Prime Minister of the UK, Nick Clegg, in a speech where he denounced the Identity Scheme of the British government, saying that “This government will end the culture of spying on its citizens. It is outrageous that decent, law-abiding people are regularly treated as if they have something to hide. It has to stop. So there will be no ID card scheme. No national identity register, a halt to second generation biometric passports.” [6]&lt;/p&gt;
&lt;p style="text-align: justify;"&gt;Biometric technology has been useful in several programmes and policies where its use has been open to scrutiny and restricted to a specific function, for example, the recent use of facial recognition in Goa to tackle voter fraud, and similar schemes being taken up by the Election Commission. [7] However, with lack of any guidelines or specific legal framework covering the implementation and collection of biometric data schemes, such schemes can quickly turn into ‘biohazards’ for personal liberty and individual privacy, as has been highlighted above and these issues must be brought to light and adequately addressed before the Government progresses on biometric frontiers.&lt;/p&gt;
&lt;hr /&gt;
&lt;p&gt;[&lt;a name="fn1" href="#fr1"&gt;1&lt;/a&gt;]. &lt;a href="http://www.goacom.com/goa-news-highlights/3520-biometric-scanners-to-be-used-for-elections"&gt;http://www.goacom.com/goa-news-highlights/3520-biometric-scanners-to-be-used-for-elections&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn2" href="#fr2"&gt;2&lt;/a&gt;]. &lt;a href="http://www.wired.com/threatlevel/2008/03/hackers-publish"&gt;http://www.wired.com/threatlevel/2008/03/hackers-publish&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn3" href="#fr3"&gt;3&lt;/a&gt;].&lt;a href="https://www.eff.org/deeplinks/2012/09/indias-gargantuan-biometric-database-raises-big-questions"&gt;https://www.eff.org/deeplinks/2012/09/indias-gargantuan-biometric-database-raises-big-questions&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn4" href="#fr4"&gt;4&lt;/a&gt;]. &lt;a href="http://www.informationweek.com/security/privacy/britain-scraps-biometric-national-id-car/228801001"&gt;http://www.informationweek.com/security/privacy/britain-scraps-biometric-national-id-car/228801001&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn5" href="#fr5"&gt;5&lt;/a&gt;]. &lt;a href="http://www.thehindu.com/opinion/op-ed/questions-for-mr-nilekani/article4382953.ece"&gt;http://www.thehindu.com/opinion/op-ed/questions-for-mr-nilekani/article4382953.ece&lt;/a&gt;.&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn6" href="#fr6"&gt;6&lt;/a&gt;]. &lt;a href="http://news.bbc.co.uk/2/hi/8691753.stm"&gt;http://news.bbc.co.uk/2/hi/8691753.stm&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;[&lt;a name="fn7" href="#fr7"&gt;7&lt;/a&gt;]. Supra note 1.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;

        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/indias-biometric-identification-programs-and-privacy-concerns'&gt;https://cis-india.org/internet-governance/blog/indias-biometric-identification-programs-and-privacy-concerns&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>divij</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>SAFEGUARDS</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2016-07-21T10:51:42Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/daily-mail-april-4-2016-afp-india-biometric-database-crosses-billion-member-mark">
    <title>India's biometric database crosses billion-member mark</title>
    <link>https://cis-india.org/internet-governance/news/daily-mail-april-4-2016-afp-india-biometric-database-crosses-billion-member-mark</link>
    <description>
        &lt;b&gt;India's biometric database notched up one billion members on Monday, as the government sought to allay concerns about privacy breaches in the world's biggest such scheme.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The &lt;a class="external-link" href="http://www.dailymail.co.uk/wires/afp/article-3522960/Indias-biometric-database-crosses-billion-member-mark.html"&gt;news by AFP was published by Daily Mail, UK&lt;/a&gt; on April 4, 2016. Sunil Abraham gave inputs.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;The database was set up seven years ago to streamline benefit payments to millions of poor people as well as to cut fraud and wastage. Under the scheme, called Aadhaar, almost 93 percent of India's adult population have now registered their fingerprints and iris signatures and been given a biometric ID, according to the government.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;IT minister Ravi Shankar Prasad hailed it as "an instrument of good governance" at a ceremony in New Delhi marking the crossing of the one-billion member mark.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Prasad said the initiative, inherited from the previous left-leaning Congress government, had enabled millions to receive cash benefits directly rather than dealing with middlemen.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;He said the government had saved 150 billion rupees ($2.27 billion) on its gas subsidy scheme alone -- by paying cash directly to biometric card holders instead of providing cylinders at subsidised rates.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;He also said all adequate safeguards were in place to ensure the personal details of card holders could not be stolen or misused by authorities given access to the database.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"We have taken all measures to ensure privacy. The data will not be shared with anyone except in cases of national security," Prasad said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;His comments come after parliament passed legislation last month giving government agencies access to the database in the interests of national security.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;It was passed using a loophole to circumvent the opposition in parliament, where the ruling Bharatiya Janata Party (BJP) lacks a majority in the upper house.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The way it was passed, as well as the legislation itself, raised concerns about government agencies accessing private citizens' details.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Internet experts have also raised fears about the safety of such a massive database, including hacking and theft of details.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"It was as if Indian lawmakers wrote an open letter to criminals and foreign states saying, 'we are going to collect data to non-consensually identify all Indians and we are going to store it in a central repository. Come and get it!'," Sunil Abraham, executive director of the Centre for Internet and Society, wrote in India's Frontline news magazine.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/daily-mail-april-4-2016-afp-india-biometric-database-crosses-billion-member-mark'&gt;https://cis-india.org/internet-governance/news/daily-mail-april-4-2016-afp-india-biometric-database-crosses-billion-member-mark&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2016-04-07T02:54:08Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/reuters-march-16-2016-sanjeev-miglani-and-manoj-kumar-indias-billion-member-biometric-database-raises-privacy-fears">
    <title>India's billion-member biometric database raises privacy fears</title>
    <link>https://cis-india.org/internet-governance/news/reuters-march-16-2016-sanjeev-miglani-and-manoj-kumar-indias-billion-member-biometric-database-raises-privacy-fears</link>
    <description>
        &lt;b&gt;India's parliament is set to pass legislation that gives federal agencies access to the world's biggest biometric database in the interests of national security, raising fears the privacy of a billion people could be compromised.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Sanjeev Miglani and Manoj Kumar was &lt;a class="external-link" href="http://www.reuters.com/article/us-india-biometrics-idUSKCN0WI14E"&gt;published by Reuters&lt;/a&gt; on March 16, 2016. Sunil Abraham was quoted.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;The move comes as the ruling Bharatiya Janata Party (BJP) cracks down on student protests and pushes a Hindu nationalist agenda in state elections, steps that some say erode India's traditions of tolerance and free speech.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;It could also usher in surveillance far more intrusive than the U.S. telephone and Internet spying revealed by former National Security Agency (NSA) contractor Edward Snowden in 2013, some privacy advocates said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Aadhaar database scheme, started seven years ago, was set up to streamline payment of benefits and cut down on massive wastage and fraud, and already nearly a billion people have registered their finger prints and iris signatures.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Now the BJP, which inherited the scheme, wants to pass new provisions including those on national security, using a loophole to bypass the opposition in parliament.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"It has been showcased as a tool exclusively meant for disbursement of subsidies and we do not realize that it can also be used for mass surveillance," said Tathagata Satpathy, a lawmaker from the eastern state of Odisha.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"Can the government ... assure us that this Aadhaar card and the data that will be collected under it – biometric, biological, iris scan, finger print, everything put together – will not be misused as has been done by the NSA in the U.S.?"&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Finance Minister Arun Jaitley has defended the legislation in parliament, saying Aadhaar saved the government an estimated 150 billion rupees ($2.2 billion) in the 2014-15 financial year alone.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A finance ministry spokesman added that the government had taken steps to ensure citizens' privacy would be respected and the authority to access data was exercised only in rare cases.&lt;br /&gt; &lt;br /&gt;According to another government official, the new law is in fact more limited in scope than the decades-old Indian Telegraph Act, which permits national security agencies and tax authorities to intercept telephone conversations of individuals in the interest of public safety.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"POLICE STATE"&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_12"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Those assurances have not satisfied political opponents and people from religious minorities, including India's sizeable Muslim community, who say the database could be used as a tool to silence them.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_13"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"We are midwifing a police state," said Asaduddin Owaisi, an opposition MP.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_14"&gt; &lt;/span&gt; &lt;span class="second-article-divide"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Raman Jit Singh Chima, global policy director at Access, an international digital rights organization, said the proposed Indian law lacked the transparency and oversight safeguards found in Europe or the United States, which last year reformed its bulk telephone surveillance program.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_15"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;He pointed to the U.S. Foreign Intelligence Surveillance Court, which must approve many surveillance requests made by intelligence agencies, and European data protection authorities as oversight mechanisms not present in the Indian proposal.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_0"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The Indian government brought the Aadhaar legislation to the upper house of parliament on Wednesday in a bid to secure passage before lawmakers go into recess.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_1"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;To get around its lack of a majority there, the BJP is presenting it as a financial bill, which the upper chamber cannot reject. It can return it to the lower house, where the ruling party has a majority.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_2"&gt; &lt;/span&gt; &lt;span class="third-article-divide"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In its assessment of the measure, New Delhi-based PRS Legislative Research said law enforcement agencies could use someone's Aadhaar number as a link across various datasets such as telephone and air travel records.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;That would allow them to recognize patterns of behavior and detect potential illegal activities.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_4"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;But it could also lead to harassment of individuals who are identified incorrectly as potential security threats, PRS said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_5"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Sunil Abraham, executive director of the Bengaluru-based Centre for Internet and Society, said Aadhaar created a central repository of biometrics for almost every citizen of the world's most populous democracy that could be compromised.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_6"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"Maintaining a central database is akin to getting the keys of every house in Delhi and storing them at a central police station," he said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span id="midArticle_7"&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"It is very easy to capture iris data of any individual with the use of next generation cameras. Imagine a situation where the police is secretly capturing the iris data of protesters and then identifying them through their biometric records.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/reuters-march-16-2016-sanjeev-miglani-and-manoj-kumar-indias-billion-member-biometric-database-raises-privacy-fears'&gt;https://cis-india.org/internet-governance/news/reuters-march-16-2016-sanjeev-miglani-and-manoj-kumar-indias-billion-member-biometric-database-raises-privacy-fears&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2016-03-17T15:25:45Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/mashable-india-february-14-2017-india-aadhaar-uidai-privacy-security-debate">
    <title>India's Aadhaar with biometric details of its billion citizens is making experts uncomfortable</title>
    <link>https://cis-india.org/internet-governance/news/mashable-india-february-14-2017-india-aadhaar-uidai-privacy-security-debate</link>
    <description>
        &lt;b&gt;"Indians in general have yet to understand the meaning and essence of privacy," says Member of Parliament, Tathagata Satpathy. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The blog post was published by &lt;a class="external-link" href="http://mashable.com/2017/02/14/india-aadhaar-uidai-privacy-security-debate/#RYHiC8REkmqz"&gt;Mashable India&lt;/a&gt; on February 14, 2017. Sunil Abraham was quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;But on Feb. 3, privacy was the hot topic of debate among many in India, thanks to a &lt;a href="https://twitter.com/beastoftraal/status/827387794045571072" target="_blank"&gt;tweet&lt;/a&gt; that showed random people being identified on the street via Aadhaar,  India's ubiquitous database that has biometric information of more than a  billion Indians.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;That's how India Stack, the infrastructure built by the Unique  Identification Authority of India (UIDAI), welcomed OnGrid, a privately  owned company that is going to tap on the world's largest biometrics  system, conjuring images of &lt;i&gt;Minority Report&lt;/i&gt; style surveillance.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;But how did India get here?&lt;/p&gt;
&lt;div class="fb_iframe_widget fb-quote" style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;/div&gt;
&lt;h2 style="text-align: justify; "&gt;Aadhaar's foundation&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;Not long ago, there were more people in India without a birth or school certificate &lt;a href="http://unstats.un.org/unsd/vitalstatkb/Attachment480.aspx?AttachmentType=1" target="_blank"&gt;than those with one&lt;/a&gt; (PDF). They had no means to prove their identity. This also contributed  to what is more popularly known as “leakage” in the government subsidy  fundings. The funds weren’t reaching the right people, in some  instances, and much of it was being siphoned off by middlemen.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Nearly a decade ago, the government began scrambling for ways to  tackle these issues. Could technology come to the rescue? The government dialled techies, people like Nandan Nilekani, a founder of India's mammoth IT firm Infosys, for help.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In 2008, they &lt;a href="https://uidai.gov.in/images/notification_28_jan_2009.pdf" target="_blank"&gt;formulated&lt;/a&gt; Aadhaar, an audacious project "destined" to change the prospects of Indians. It was similar to Social Security number that US residents are assigned, but its implications were further reaching.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;At the time, the government &lt;a href="http://blogs.wsj.com/indiarealtime/2012/11/28/india-prepares-for-launch-of-worlds-biggest-cash-to-the-poor-program/" target="_blank"&gt;said&lt;/a&gt; it will primarily use this optional program to help the poor who are in  need of services such as grocery and other household items at  subsidized rates.&lt;/p&gt;
&lt;div class="fb_iframe_widget fb-quote" style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;/div&gt;
&lt;p style="text-align: justify; "&gt;Eight years later, Aadhar, which stores identity information such as a  photo, name, address, fingerprints and iris scans of its citizens and  also assigns them with a unique 12-digit number, has become the world's  largest biometrics based identity system.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;According to the Indian government, over 1.11 billion people of the  country's roughly 1.3 billion citizens have enrolled themselves in the  biometrics system. About 99 percent of all adults in India have an  Aadhaar card, it &lt;a href="http://pib.nic.in/newsite/PrintRelease.aspx?relid=157709" target="_blank"&gt;said last month&lt;/a&gt;.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Today, the significance of Aadhaar, which on paper remains an  optional program, is undeniable in the country. The government says  Aadhaar has already saved it &lt;a href="http://www.economist.com/news/business/21712160-nearly-all-indias-13bn-citizens-are-now-enrolled-indian-business-prepares-tap" target="_blank"&gt;as much as $5 billion&lt;/a&gt;.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;But that's not it.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;There's a bit of Aadhaar in everyone's life
&lt;div class="fb_iframe_widget fb-quote"&gt;&lt;span&gt; &lt;/span&gt;&lt;/div&gt;
&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;Aadhaar (Hindi for foundation) has long moved beyond helping the  poor. The UPI (Unified Payment Interface), another project by the Indian  government that uses Aadhaar, is helping the&lt;a href="http://mashable.com/2016/08/30/india-upi-payments-system/"&gt;&lt;ins&gt; country's much unbanked population to avail financial services&lt;/ins&gt;&lt;/a&gt; for the first time. Nilekani calls it a "&lt;a href="http://indianexpress.com/article/opinion/columns/the-coming-revolution-in-indian-banking-2924534/" target="_blank"&gt;WhatsApp moment&lt;/a&gt;" in the Indian financial sector.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In December last year, Prime Minister Narendra Modi &lt;a href="http://mashable.com/2016/12/30/bhim-app-india-narendra-modi/"&gt;launched BHIM&lt;/a&gt;,  a UPI-based payments app that aims to get millions of Indians to do  online money transactions for the first time, irrespective of which bank  they had their accounts with. With BHIM, transferring money is as  simple as sending a text message. People can also scan QR codes and pay  merchants for their purchases.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;"This app is destined to replace all cash transactions," Modi said at  the launch event. "BHIM app will revolutionize India and force people  worldwide to take notice," he added.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The next phase, called Aadhaar Enabled Payments System will &lt;a href="http://www.businesstoday.in/current/economy-politics/govt-to-roll-out-aadhar-pay-for-cashless-transactions/story/245059.html" target="_blank"&gt;do away&lt;/a&gt; with smartphones. People will be able to make payments by swiping their  finger on special terminals equipped with fingerprint sensors rather  than swiping cards.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Last year, the government said people could &lt;a href="http://mashable.com/2017/02/14/india-aadhaar-uidai-privacy-security-debate/mashable.com/2016/09/07/driver-license-india-digilocker-smartphone-app/#s3eNxAzZLjqB"&gt;store their driver license documents in an app called DigiLocker&lt;/a&gt;,  should they want to be relieved from the burden of carrying paper  documents. DigiLocker is a digital cloud service that any citizen in  India can avail using their Aadhaar information.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The government also plans to &lt;a href="http://mashable.com/2017/02/01/aadhaar-smart-health-card-senior-citizen-india/"&gt;hand out "health cards" to senior citizens&lt;/a&gt;, mapped to their Aadhaar number, which will store their medical records, which doctors will be able to access.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Aadhaar is an instrument for good governance. Aadhaar is the mode to  reach the poor without the middlemen,” Ravi Shankar Prasad, India’s IT  minister said in a press conference last year.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;But despite all the ways Aadhaar is making meaningful impact in  millions of lives, some people are very skeptical about it. And for  them, the scale at which Aadhaar operates now is only making things worse.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;A security nightmare&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;There have been multiple reports suggesting bogus and fake entries in Aadhaar database. Instances of animals such as dogs and cows having their own Aadhaar identification numbers have been widely reported. In one instance, even Hindu god Hanuman &lt;a href="http://www.thehindu.com/news/national/lord-hanuman-gets-aadhaar-card/article6401288.ece" target="_blank"&gt;was found to have an Aadhaar card&lt;/a&gt;.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The problem, it appears, is Aadhaar database has never been verified or audited, according to multiple security experts, privacy advocates, lawyers, and politicians who spoke to &lt;i&gt;Mashable India&lt;/i&gt; this month.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;img src="https://cis-india.org/home-images/aadhaar.jpg" alt="Aadhaar" class="image-inline" title="Aadhaar" /&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“There are two fundamental flaws in Aadhaar: it is poorly designed,  and it is being poorly verified,” Member of Parliament and privacy  advocate, Rajeev Chandrasekhar told &lt;i&gt;Mashable India&lt;/i&gt;. “Aadhaar  isn’t foolproof, and this has resulted in fake data get into the system.  This in turn opens new gateways for money launderers,” he added.&lt;/p&gt;
&lt;div class="fb_iframe_widget fb-quote" style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;/div&gt;
&lt;p style="text-align: justify; "&gt;Another issue with Aadhaar is, Chandrasekhar explains, there is no  firm legislation to safeguard the privacy and rights of the billion  people who have enrolled into the system. There’s little a person whose  Aadhaar data has been compromised could do. “Citizens who have  voluntarily given their data to Aadhaar authority, as of result of this,  are at risk,” he added.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Rahul Narayan, a lawyer who is counselling several petitioners  challenging the Aadhaar project, echoed similar sentiments. “There’s no  concrete regulation in place,” he told &lt;i&gt;Mashable India&lt;/i&gt;. “The scope for abuses in Aadhaar is very vast,” he added.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;But regulation — or its lack thereof — is only one of the many  challenges, experts say. Sunil Abraham, the executive director of  Bangalore-based research organisation the Centre for Internet and  Society (CIS), says the security concerns around Aadhaar are alarming.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Aadhaar is remote, covert, and non-consensual,” he told &lt;i&gt;Mashable India&lt;/i&gt;,  adding the existence of a central database of any kind, but especially  in the context of the Aadhaar, and at the scale it is working is  appalling.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Abraham said fingerprint and iris data of a person can be stolen with  little effort — a “gummy bear” which sells for a few cents, can store  one’s fingerprint, while a high resolution camera can capture one’s iris  data.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;a name="aadhaar-doesnt-use-basic"&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote class="pullquote microcontent-wrapper" style="text-align: justify; "&gt;
&lt;div class="microcontent-shares"&gt;&lt;/div&gt;
&lt;span class="microcontent"&gt; Aadhaar doesn’t use basic principles of cryptography, and much of its security is not known. &lt;/span&gt;&lt;/blockquote&gt;
&lt;p style="text-align: justify; "&gt;Aadhaar is also irrevocable, which strands a person, whose data has  been compromised, with no choice but to get on with life, Abraham said,  adding that these vulnerabilities could have been averted had the  government chosen smart cards instead of biometrics.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;On top of this, he added, that Aadhaar doesn’t use basic principles  of cryptography, and much of the security defences it uses are not  known.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Had the government open sourced Aadhaar code to the public (a common  practice in the tech community), security analysts could have evaluated  the strengths of Aadhaar. But this too isn’t happening.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;At CIS, Sunil and his colleagues have &lt;a href="http://cis-india.org/internet-governance/front-page/blog/privacy/letter-to-finance-committee" target="_blank"&gt;written&lt;/a&gt; over half-a-dozen  open letters to the UIDAI (the authority that governs Aadhaar project)  raising questions and pointing holes in the system. But much of their  feedback has not returned any response, Abraham told &lt;i&gt;Mashable India&lt;/i&gt;.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;India Stack: A goldmine for everyone&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;As part of its push to make Aadhaar more useful, the UIDAI created  what is called India Stack, an infrastructure through which government  bodies as well as private entities could leverage Aadhaar's database of  individual identities. This is what sparked the initial debate about privacy when India Stack tweeted the controversial photo.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Speaking to &lt;i&gt;Mashable India&lt;/i&gt;, Piyush Peshwani, a founder of  OnGrid, however dismissed the concerns, clarifying that the picture was  for representation purposes only. He said OnGrid is building a trust  platform, through which it aims to make it easier for recruiters to do background check on their potential employees after getting their consent.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India Stack and OnGrid have since taken down the picture from their  Twitter accounts. "OnGrid, much like other 200 companies working with  UIDAI, can only retrieve information of users after receiving their  prior consent," he said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The lack of information from the UIDAI and India Stack is becoming a  real challenge for citizens, many feel. There also appears to be a  conflict of interest between the privately held companies and those who  helped design the framework of Aadhaar.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;As Rohin Dharmakumar, a Bangalore-based journalist &lt;a href="https://twitter.com/r0h1n/status/827407936980783104" target="_blank"&gt;pointed out&lt;/a&gt;, Peshwani was part of the core team member of Aadhaar project. A lawyer, who requested to be not identified, told &lt;i&gt;Mashable India&lt;/i&gt; that there is a chance that these people could be familiar with  Aadhaar’s roadmap and use the information for business advantage, to say  the least.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Most people &lt;i&gt;Mashable India&lt;/i&gt; spoke to are questioning the way these third-party companies are handling Aadhaar data. There is no regulation in place to prevent these companies from storing people’s data or even creating a parallel database of their own — a  view echoed by Abraham, Narayan, and Chandrasekhar.&lt;/p&gt;
&lt;h2 style="text-align: justify; "&gt;Not mandatory only on paper&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;But for many, the biggest concern with Aadhaar remains just how  aggressively it is being implemented into various systems. For instance,  in the past one month alone, students in most Indians states who want  to apply for NEET, a national level medical entrance test, were told by  the education board CBSE that they will have to&lt;a href="http://www.ndtv.com/india-news/10-point-guide-to-neet-controversy-1655351" target="_blank"&gt;&lt;ins&gt; provide their Aadhaar number&lt;/ins&gt;&lt;/a&gt;.&lt;/p&gt;
&lt;div class="fb_iframe_widget fb-quote" style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;/div&gt;
&lt;p style="text-align: justify; "&gt;A few months ago, Aadhaar was also &lt;a href="http://www.hindustantimes.com/mumbai-news/aadhaar-card-will-be-a-must-for-iit-jee-from-2017/story-iRwu40hEKn9ol21h1FGn9K.html" target="_blank"&gt;made mandatory&lt;/a&gt; for students who wanted to appear in JEE, an all India common  engineering entrance examination conducted for admission to various  engineering colleges in the country.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The apex Supreme Court of India recently &lt;a href="http://www.bgr.in/news/supreme-court-asks-centre-to-register-id-details-of-all-mobile-subscribers/" target="_blank"&gt;asked&lt;/a&gt; the central government to register the phone number of all mobile  subscribers in India (there are about one billion of those in India) to  their respective Aadhaar cards. Telecom carriers are already enabling  new connections to get activated by verifying users with Aadhaar  database.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;A prominent journalist who focuses on privacy and laws in India  questioned the motive. “When they kickstarted UIDAI, people were told  that this an optional biometrics system. But since then the government  has been rather tight-lipped on why it is aggressively pushing Aadhaar  into so many areas,” he told &lt;i&gt;Mashable India&lt;/i&gt;, requesting not to be identified.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;a name="it-is-especially-difficult"&gt;&lt;/a&gt;&lt;/p&gt;
&lt;blockquote class="pullquote microcontent-wrapper" style="text-align: justify; "&gt;
&lt;div class="microcontent-shares"&gt;&lt;/div&gt;
&lt;span class="microcontent"&gt; "It is especially difficult to explain why privacy is necessary for a  society to advance when taken in the context of Aadhaar." &lt;/span&gt;&lt;/blockquote&gt;
&lt;p style="text-align: justify; "&gt;“It is especially difficult to explain why privacy is necessary for a  society to advance when taken in the context of Aadhaar. The Aadhaar  card is being offered to people in need, especially the poor, by making  them believe that services and subsidies provided by the government will  be held back from them unless they register,” Satpathy told &lt;i&gt;Mashable India&lt;/i&gt;.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The central government said last week Aadhaar number would be  mandatory for availing food grains through the Public Distribution  System under the National Food Security Act. In October last year, the  government &lt;a href="http://timesofindia.indiatimes.com/india/Aadhaar-card-must-for-LPG-subsidy-after-November/articleshow/54680322.cms" target="_blank"&gt;made Aadhaar mandatory&lt;/a&gt; for those who wanted to avail cooking gas at subsidized prices.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“No matter how many laws are made about not making Aadhaar mandatory,  ultimately it depends on the last mile person who is offering any  service to inform citizens about their rights,” Satpathy added.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“These last-mile service providers are companies who would benefit  from collecting and bartering big data for profit. They would be least  interested to inform citizens about their rights and about the not  mandatory status of Aadhaar.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“As Aadhaar percolates more and is used by more government and  private services, the citizen will start assuming it's a part of their  life. This card is already being misunderstood as if it is essential  like a passport,” he added.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“My worry is that this data will be used by government for mass  surveillance, ethnic cleansing and other insidious purposes,” Satpathy  said. “Once you have information about every citizen, the powerful will  not refrain from misusing it and for retention of power. The use of big  data for psycho-profiling is not unknown to the world anymore.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;i&gt;Mashable India&lt;/i&gt; reached out to UIDAI on Feb. 8 for comment on  the privacy and security concerns made in this report. At the time of  publication, the authority hadn't responded to our queries.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/mashable-india-february-14-2017-india-aadhaar-uidai-privacy-security-debate'&gt;https://cis-india.org/internet-governance/news/mashable-india-february-14-2017-india-aadhaar-uidai-privacy-security-debate&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2017-02-14T14:57:33Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohammed-september-14-2016-indias-aadhaar-mandate-for-smartphone-makers-may-rile-global-firms">
    <title>India's Aadhaar mandate for smartphone makers may rile global firms</title>
    <link>https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohammed-september-14-2016-indias-aadhaar-mandate-for-smartphone-makers-may-rile-global-firms</link>
    <description>
        &lt;b&gt;They are unlikely to oblige to request to make changes in their operating system and devices to ensure Aadhaar authentication is done securely on smartphones. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Alnoor Peermohammed was &lt;a class="external-link" href="http://www.business-standard.com/article/economy-policy/india-s-aadhaar-mandate-for-smartphone-makers-may-rile-global-firms-116091401083_1.html"&gt;published in the Business Standard&lt;/a&gt; on September 14, 2016. Sunil Abraham was quoted.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;India is asking global&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Smartphone" target="_blank"&gt;smartphone&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;makers         such as&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Apple" target="_blank"&gt;Apple&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;and&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Google" target="_blank"&gt;Google&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;to         adopt locally designed standards on their devices or operating         systems that would allow use of biometric scanners for&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;/a&gt;authentication, a move that could face         resistance from global firms.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Apple, the world’s largest&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Smartphone" target="_blank"&gt;smartphone&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;maker         runs its own&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Ios" target="_blank"&gt;iOS&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;closed         ecosystem and mandates apps built by developers to be certified         by the company. Its closest rival Google, which owns the Android         operating software that runs on nine out of ten smartphones in         India, has directives for device makers to comply with. Firms         such as Samsung, Lenovo and Micromax build smartphones on the         Android OS that are sold in India.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Most global companies are         unlikely to oblige India’s request that would require to make         changes in their operating system and devices to ensure&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;/a&gt;authentication is done securely on         smartphones, say analysts.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“There is no clarity so far.         As of now, it is impossible that they (global&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Smartphone" target="_blank"&gt;smartphone&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;makers)         would oblige for a hardware safe zone baked on the sensors,”         says Sunil Abraham, executive director at Centre for Internet         and Society, a Bengaluru-based  researcher that works on         emerging technologies. “Because the biometrics contain sensitive         personal information, they (UIDAI)  don’t want anybody —         vmobile  manufacturer, OS vendor, telco or ISP — to intercept         it”.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India is hoping that global         firms would accept the country’s plea considering that most of         India’s population use a mobile phone as their only computing         device and need them to authenticate on&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;for         using government and banking services.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;“Right now we’re in         consultation with all these device manufacturers as well as the         operating system vendors,” said Ajay Bhushan Pandey, Director         General of the Unique Identification Authority of India (UIDAI)         in a phone interview. “Basically we’re trying to evolve our         system wherein a manufacturer or the devices where those         operating systems are being used will have a facility where&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;authentication         can be made possible in a secure manner.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;India has over 105 crore         people or 98% of adult population with Aadhaar. Most government         and private organisations use&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;authentication         to issue services or products such as opening a bank account,         getting a ration card or buying a mobile connection.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Reliance plans to reduce         paperwork and issue connections in less than an hour using&lt;a class="storyTags" href="http://www.business-standard.com/search?type=news&amp;amp;q=Aadhaar" target="_blank"&gt;Aadhaar&lt;span class="Apple-converted-space"&gt; &lt;/span&gt;&lt;/a&gt;and         try to get its 100 million target market sooner.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Over a fifth of India’s one         billion users own smartphones and as the country sees better         mobile internet access, more people are expected to upgrade to         smartphones and use apps to access their banks to transfer         funds, do online shopping and access government services.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohammed-september-14-2016-indias-aadhaar-mandate-for-smartphone-makers-may-rile-global-firms'&gt;https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohammed-september-14-2016-indias-aadhaar-mandate-for-smartphone-makers-may-rile-global-firms&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2016-09-15T02:25:31Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/blog/indias-big-brother-the-central-monitoring-system">
    <title>India's 'Big Brother': The Central Monitoring System (CMS)</title>
    <link>https://cis-india.org/internet-governance/blog/indias-big-brother-the-central-monitoring-system</link>
    <description>
        &lt;b&gt;In this post, Maria Xynou looks at India´s Central Monitoring System (CMS) project and examines whether it can target individuals´ communications data, regardless of whether they are involved in illegal activity.&lt;/b&gt;
        &lt;hr /&gt;
&lt;p&gt;&lt;i&gt;This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC&lt;/i&gt;.&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;Starting from &lt;a href="http://www.ciol.com/ciol/news/184770/governments-central-monitoring-system-operational-soon"&gt;this month&lt;/a&gt;, all telecommunications and Internet communications in India will be analysed by the government and its agencies. What does that mean? It means that everything we say or text over the phone, write, post or browse over the Internet will be centrally monitored by Indian authorities. This totalitarian type of surveillance will be incorporated in none other than the Central Monitoring System (CMS).&lt;/p&gt;
&lt;h2&gt;&lt;b&gt;The Central Monitoring System (CMS)&lt;/b&gt;&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The Central Monitoring System (CMS) may just be another step in the wrong direction, especially since India currently lacks privacy laws which can protect citizens from potential abuse. Yet, all telecommunications and Internet communications are to be monitored by Indian authorities through the CMS, despite the fact that it remains &lt;/span&gt;&lt;a href="http://www.lossofprivacy.com/index.php/2009/11/india-to-set-up-a-central-monitoring-system/"&gt;unclear how our data will be used&lt;/a&gt;&lt;span&gt;.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The CMS was prepared by the Telecom Enforcement, Resource and Monitoring (TREM) and by the Centre for Development of Telematics (C-DoT) and is being manned by the Intelligence Bureau. The CMS project is likely to start operating this month and the &lt;/span&gt;&lt;a href="http://newindianexpress.com/nation/article1300012.ece"&gt;government plans&lt;/a&gt;&lt;span&gt; on creating a platform that will include all the service providers in Delhi, Haryana and Karnataka. The &lt;/span&gt;&lt;a href="http://cactusblog.files.wordpress.com/2010/01/it_act_2008.pdf"&gt;Information Technology Amendment Act 2008&lt;/a&gt;&lt;span&gt; enables e-surveillance and central and regional databases will be created to help central and state level law enforcement agencies in interception and monitoring. Without any manual intervention from telecom service providers, the CMS will equip government agencies with Direct Electronic Provisioning, filters and alerts on the target numbers. The CMS will also enable &lt;/span&gt;&lt;a href="http://www.nextbigwhat.com/indian-government-to-setup-centralized-communication-monitor-system-297/"&gt;Call Data Records (CDR) analysis and data mining&lt;/a&gt;&lt;span&gt; to identify the personal information of the target numbers.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The estimated set up cost of the CMS is&lt;/span&gt;&lt;a href="http://www.ciol.com/ciol/news/184770/governments-central-monitoring-system-operational-soon"&gt; Rs. 4 billion&lt;/a&gt;&lt;span&gt; and it will be connected with the Telephone Call Interception System (TCIS) which will help monitor voice calls, SMS and MMS, fax communications on landlines, CDMA, video calls, GSM and 3G networks. Agencies which will have access to the CMS include the Research and Analysis Wing (R&amp;amp;AW), the Central Bureau of Investigation (CBI), the National Investigation Agency (NIA), the Central Board of Direct Taxes (CBDT), the Narcotics Control Bureau, and the Enforcement Directorate (ED). In particular, last October, &lt;/span&gt;&lt;a href="http://www.zdnet.com/in/india-agency-petitions-for-monitoring-system-7000005762/"&gt;the NIA approached the Department of Telecom&lt;/a&gt;&lt;span&gt; requesting its connection with the CMS, which would help it intercept phone calls and monitor social networking sites &lt;/span&gt;&lt;a href="http://articles.timesofindia.indiatimes.com/2012-10-15/internet/34471762_1_loknath-behera-nia-dot"&gt;without the cooperation of telcos.&lt;/a&gt;&lt;span&gt; However, the NIA is&lt;/span&gt;&lt;a href="http://newindianexpress.com/nation/article1300012.ece"&gt; currently monitoring eight out of 10,000 telephone lines &lt;/a&gt;&lt;span&gt;and if it is connected with the CMS, the NIA will also get access to e-mails and other social media platforms. Essentially, the CMS will be converging all the interception lines at one location and Indian law enforcement agencies will have access to them. The CMS will also be capable of &lt;/span&gt;&lt;a href="http://www.zdnet.com/in/india-agency-petitions-for-monitoring-system-7000005762/"&gt;intercepting our calls and analyzing our data on social networking sites&lt;/a&gt;&lt;span&gt;. Thus, even our attempts to protect our data from ubiquitous surveillance would be futile.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;In light of the CMS being installed soon, the Mumbai police took the initiative of setting up a &lt;/span&gt;&lt;a href="http://www.google.com/hostednews/afp/article/ALeqM5iVMgMkOgpXOTaon2VoLdvu2x5oyg?docId=CNG.6d8f555d3498b94bac2fb1046fc7d3a6.4a1%20,%20http://m.timesofindia.com/articleshow/19040572.cms"&gt;´social media lab´&lt;/a&gt;&lt;span&gt; last month, which aims to monitor Facebook, Twitter and other social networking sites. This lab would be staffed by 20 police officers who would keep an eye on issues being publicly discussed and track matters relating to public security. According to &lt;/span&gt;&lt;a href="http://www.google.com/hostednews/afp/article/ALeqM5iVMgMkOgpXOTaon2VoLdvu2x5oyg?docId=CNG.6d8f555d3498b94bac2fb1046fc7d3a6.4a1%20,%20http://m.timesofindia.com/articleshow/19040572.cms"&gt;police spokesman Satyanarayan Choudhary&lt;/a&gt;&lt;span&gt;, the lab will be used to identify trends among the youth and to plan law and order accordingly. However, fears have arisen that the lab may be used to stifle political debate and freedom of expression. The &lt;/span&gt;&lt;a href="http://www.bbc.co.uk/news/world-asia-india-20405457"&gt;arrest of two Indian women last November over a Facebook post&lt;/a&gt;&lt;span&gt; which criticized the shutdown of Mumbai after the death of politician Bal Thackeray was proof that the monitoring of our communications can potentially oppress our freedom and human rights. And now that all our online activity will be under the microscope...will the CMS security trade-off be worth it?&lt;/span&gt;&lt;/p&gt;
&lt;h2&gt;&lt;b&gt;Surveillance in the name of Security&lt;/b&gt;&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;In a digitised world,&lt;/span&gt;&lt;a href="http://www.businessrevieweurope.eu/technology/software/addressing-the-cyber-security-threat"&gt; threats to security have been digitised&lt;/a&gt;&lt;span&gt;. Terrorism is considered to be a &lt;/span&gt;&lt;a href="http://www.rorg.no/Artikler/869.html"&gt;product of globalisation&lt;/a&gt;&lt;span&gt; and as such, the Internet appears to be a tool used by terrorists. Hence governments all around the world are convinced that &lt;/span&gt;&lt;a href="http://www.slate.com/blogs/future_tense/2012/12/13/national_counterterrorism_center_s_massive_new_surveillance_program_uncovered.html"&gt;surveillance is probably one of the most effective methods in detecting and prosecuting terrorists&lt;/a&gt;&lt;span&gt;, as all movement, action, interests, ideas and everything else that could define an individual are closely being monitored under the ´surveillance umbrella´ True; if everything about our existence is being closely monitored and analysed, it seems likely that we will instantly be detected and prosecuted if engaged in illegal activity. But is that the case with big data? According to &lt;/span&gt;&lt;a href="http://www.schneier.com/blog/archives/2006/03/data_mining_for.html"&gt;security expert Bruce Schneier&lt;/a&gt;&lt;span&gt;, searching for a terrorist through data mining is like looking for a needle in a haystack. Generally, the bigger the amount of data, &lt;/span&gt;&lt;a href="http://www.statsoft.com/textbook/data-mining-techniques/"&gt;the bigger the probability of an error in matching profiles&lt;/a&gt;&lt;span&gt;. Hence, when our data is being analysed through data mining of big data, the probability of us being charged for a crime we did not commit is real. Nonetheless, the CMS is going to start operating soon in an attempt to enable law enforcement agencies to tackle crime and terrorism.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;A few days ago, I had a very interesting chat with an employee at &lt;/span&gt;&lt;a href="http://www.sas.com/offices/asiapacific/india/company/index_india.html"&gt;SAS Institute (India) Pvt. Ltd.&lt;/a&gt;&lt;span&gt; in Bangalore, which is a wholly owned subsidiary of&lt;/span&gt;&lt;a href="http://www.sas.com/company/about/index.html"&gt; SAS Institute Inc&lt;/a&gt;&lt;span&gt;. SAS is a company which produces &lt;/span&gt;&lt;a href="http://www.sas.com/company/about/index.html"&gt;software solutions and services&lt;/a&gt;&lt;span&gt; to combat fraud in financial services, identify cross-sell opportunities in retail, and all the business issues it addresses are based on three capabilities: information management, analytics and business intelligence. Interestingly enough, SAS also produces&lt;/span&gt;&lt;a href="http://www.sas.com/solutions/fraud/social-network/#section=1"&gt; social network analysis&lt;/a&gt;&lt;span&gt; which ´helps institutions detect and prevent fraud by going beyond individual and account views to analyze all related activities and relationships at a network dimension´. In other words, social network analysis by SAS would mean that, through Facebook, for example, all of an individual's´ interests, activities, habits, relationships and everything else that could be, directly or indirectly, linked to an individual would be mapped out in relation to other individuals. If, for example, several individuals appear to have mutual interests and activities, there is a high probability that an individual will be associated with the same type of organization as the other individuals, which could potentially be a terrorist organization. Thus, an essential benefit of the social network analysis solution is that it &lt;/span&gt;&lt;a href="http://www.sas.com/solutions/fraud/social-network/#section=3"&gt;uncovers previously unknown network connections and relationships&lt;/a&gt;&lt;span&gt;, which significantly enables more efficient investigations.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;According to the SAS employee I spoke to, the company provides social network analysis to Indian law enforcement agencies and aims at supporting the CMS project in an attempt to tackle crime and terrorism. Furthermore, the SAS employee argued that their social network analysis solution only analyzes open source data which is either way in the public online domain, hence respecting individuals´ online privacy. In support of the Mumbai ´social media lab´, &lt;/span&gt;&lt;a href="http://m.timesofindia.com/city/mumbai/Social-media-lab-cant-keep-a-tab-on-all-social-media-users-Experts/articleshow/19027308.cms"&gt;cyber security expert, Vijay Mukhi&lt;/a&gt;&lt;span&gt;, argued:&lt;/span&gt;&lt;/p&gt;
&lt;blockquote class="italized"&gt;&lt;i&gt;´There may be around 60 lakh twitter users in the city and millions of other social media network users. The police will require a budget of around Rs 500 crore and huge resources such as complex software, unique bandwidth and manpower to keep a track of all of them. To an extent, the police can monitor select people who have criminal backgrounds or links with anti-social or anti-national elements...[...]...Even the apprehension that police is reading your tweet is wrong. The volume of networking on social media sites is beyond anybody's capacity. Deleting any user's message is humanly impossible. It is even difficult to find the origin of messages and shares. However, during the recent Delhi gangrape incident such monitoring of data in public domain helped the police gauge the mood of the people.´&lt;/i&gt;&lt;/blockquote&gt;
&lt;p style="text-align: justify; "&gt;&lt;a href="http://m.timesofindia.com/city/mumbai/Social-media-lab-cant-keep-a-tab-on-all-social-media-users-Experts/articleshow/19027308.cms"&gt;Another cyber security expert&lt;/a&gt;&lt;span&gt; argued that the idea that the privacy of our messages and online activity would be intercepted is a misconception. The expert stated that:&lt;/span&gt;&lt;/p&gt;
&lt;blockquote class="italized"&gt;&lt;i&gt;´The police are actually looking out for open source intelligence for which information in public domain on these sites is enough. Through the lab, police can access what is in the open source and not the message you are sending to your friend.´&lt;/i&gt;&lt;/blockquote&gt;
&lt;p style="text-align: justify; "&gt;&lt;a href="http://m.timesofindia.com/city/mumbai/Social-media-lab-cant-keep-a-tab-on-all-social-media-users-Experts/articleshow/19027308.cms"&gt;Cyber security experts&lt;/a&gt;&lt;span&gt; also argued that the purpose of the creation of the Mumbai social media lab and the CMS in general is to ensure that Indian law enforcement agencies are better informed about current public opinion and trends among the youth, which would enable them to take better decisions on a policy level. It was also argued that, apparently, there is no harm in the creation of such monitoring centres, especially since other countries, such as the U.S., are conducting the same type of surveillance, while have enacted stringent privacy regulations. In other words, the monitoring of our communications appears to be justified, as long as it is in the name of security.&lt;/span&gt;&lt;/p&gt;
&lt;h2&gt;&lt;b&gt;CMS targeting individuals: myth or reality?&lt;/b&gt;&lt;/h2&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The CMS is not a big deal, because it will not target us individually...or at least that is what &lt;/span&gt;&lt;a href="http://m.timesofindia.com/city/mumbai/Social-media-lab-cant-keep-a-tab-on-all-social-media-users-Experts/articleshow/19027308.cms"&gt;cyber security experts&lt;/a&gt;&lt;span&gt; in India appear to be claiming. But is that really the case? Lets look at the following hypothesis:&lt;/span&gt;&lt;/p&gt;
&lt;blockquote class="quoted"&gt;&lt;i&gt;The CMS can surveille and target individuals, if Indian law enforcement agencies have access to individuals content and non-content data and are simultaneously equipped with the necessary technology to analyse their data.&lt;/i&gt;&lt;/blockquote&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The two independent variables of the hypothesis are: (1) Indian law enforcement agencies have access to individuals´ content and non-content data, (2) Indian law enforcement agencies are equipped with the necessary technology to analyse individuals´ content and non-content data. The dependent variable of the hypothesis is that the CMS can surveille and target individuals, which can only be proven once the two independent variables have been confirmed. Now lets look at the facts.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The &lt;/span&gt;&lt;a href="http://bigbrotherinc.org/v1/India/"&gt;surveillance industry in India&lt;/a&gt;&lt;span&gt; is a vivid reality. &lt;/span&gt;&lt;a href="http://www.clear-trail.com/"&gt;ClearTrail&lt;/a&gt;&lt;span&gt; is an Indian surveillance technology company which provides communication monitoring solutions to law enforcement agencies around the world and which is a regular sponsor of ISS world surveillance trade shows. In fact, ClearTrail &lt;/span&gt;&lt;a href="http://www.issworldtraining.com/iss_mea/sponsors2.html"&gt;sponsored the ISS world surveillance trade show in Dubai &lt;/a&gt;&lt;span&gt;last month - another opportunity to sell its surveillance technologies to law enforcement agencies around the world. ClearTrail´s &lt;/span&gt;&lt;a href="http://wikileaks.org/spyfiles/files/0/111_CLEARTRAIL.pdf"&gt;solutions&lt;/a&gt;&lt;span&gt; include, but are not limited to, mass monitoring of IP and voice networks, targeted IP monitoring, tactical Wi-Fi monitoring and off-the-air interception. Indian law enforcement agencies are equipped with such technologies and solutions and thus have the technical capability of targeting us individually and of monitoring our ´private´ online activity.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;a href="http://www.shoghicom.com/"&gt;Shoghi Communications Ltd.&lt;/a&gt;&lt;span&gt; is just another example of an Indian surveillance technology company. WikiLeaks has published a&lt;/span&gt;&lt;a href="http://wikileaks.org/spyfiles/files/0/160_SHOGI-2006-semiactive_gsm_monitoring.pdf"&gt; brochure&lt;/a&gt;&lt;span&gt; with one of Shoghi´s solutions: the Semi Active GSM Monitoring System. This system can be used to intercept communications from any GSM service providers in the world and has a 100% target call monitor rate. The fact that the system is equipped with IMSI analysis software enables it to extract the suspect´s actual mobile number from the network without any help from the service provider. Indian law enforcement agencies are probably being equipped with such systems by Shoghi Communications, which would enable the CMS to monitor telecommunications more effectively.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;As previously mentioned, SAS provides Indian law enforcement agencies &lt;/span&gt;&lt;a href="http://www.sas.com/solutions/fraud/social-network/"&gt;social network analysis solutions&lt;/a&gt;&lt;span&gt;. In general, many companies, Indian and international, produce &lt;/span&gt;&lt;a href="http://wikileaks.org/the-spyfiles.html"&gt;surveillance products and solutions&lt;/a&gt;&lt;span&gt; which they supply to law enforcement agencies around the world. However, if such technology is used solely to analyse open source data, how do law enforcement agencies expect to detect criminals and terrorists? The probability of an individual involved in illegal activity to disclose secrets and plans in the public online sphere is most likely significantly low. So given that law enforcement agencies are equipped with the technology to analyse our data, how do they get access to our content data in order to detect criminals? In other words, how do they access our ´private´ online communications to define whether we are a terrorist or not?&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Some of the biggest online companies in the world, such as Google and Microsoft, &lt;/span&gt;&lt;a href="http://www.nytimes.com/2013/03/22/technology/microsoft-releases-report-on-law-enforcement-requests.html?_r=0"&gt;disclose our content data to law enforcement agencies&lt;/a&gt;&lt;span&gt; around the world. Sure, a lawful order is a prerequisite for the disclosure of our data...but in the end of the day, law enforcement agencies &lt;/span&gt;&lt;i&gt;can &lt;/i&gt;&lt;span&gt;and &lt;/span&gt;&lt;i&gt;do &lt;/i&gt;&lt;span&gt;have access to our content data, such as our personal emails sent to friends, our browsing habits, the photos we sent online and every other content created or communicated via the Internet. &lt;/span&gt;&lt;a href="http://www.engadget.com/tag/transparencyreport/"&gt;Law enforcement requests reports &lt;/a&gt;&lt;span&gt;published by companies, such as Google and &lt;/span&gt;&lt;a href="https://cis-india.org/internet-governance/blog/microsoft-releases-first-report-on-data-requests-by-law-enforcement-agencies"&gt;Microsoft&lt;/a&gt;&lt;span&gt;, confirm the fact that law enforcement agencies have access to both our&lt;/span&gt;&lt;a href="http://blogs.technet.com/b/microsoft_on_the_issues/archive/2013/03/21/microsoft-releases-2012-law-enforcement-requests-report.aspx"&gt; content and non-content data&lt;/a&gt;&lt;span&gt;, much of which was disclosed to Indian law enforcement agencies. Thus, having access to our ´private´ online data, all Indian law enforcement agencies need is the technology to analyse our data and match patterns. The various surveillance technology companies operating in India, such as &lt;/span&gt;&lt;a href="http://wikileaks.org/spyfiles/files/0/111_CLEARTRAIL.pdf"&gt;ClearTrail&lt;/a&gt;&lt;span&gt; and &lt;/span&gt;&lt;a href="http://wikileaks.org/spyfiles/files/0/160_SHOGI-2006-semiactive_gsm_monitoring.pdf"&gt;Shoghi Communications&lt;/a&gt;&lt;span&gt;, ensure that Indian law enforcement agencies are equipped with the necessary technology to meet these ends.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The hypothesis that the CMS can surveille and target us individually can be confirmed, since Indian law enforcement agencies have access to our content and non-content data, while simultaneously being equipped with the necessary technology to analyse our data. Thus, the arguments brought forth by cyber security experts in India appear to be weak in terms of validity and reliability and the CMS appears to be a new type of ´Big Brother´ upon us. But what does this mean in terms of our privacy and human rights?&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;The &lt;/span&gt;&lt;a href="http://perry4law.org/cecsrdi/?topic=central-monitoring-system-cms-for-telephone-tapping-in-india-2"&gt;telephone tapping laws in India are weak&lt;/a&gt;&lt;span&gt; and violate constitutional protections. The Information Technology Amendment Act 2008 has enabled e-surveillance to reach its zenith, but yet &lt;/span&gt;&lt;a href="http://perry4law.org/cecsrdi/?topic=central-monitoring-system-cms-for-telephone-tapping-in-india-2"&gt;surveillance projects, such as the CMS, lack adequate legal backing&lt;/a&gt;&lt;span&gt;. No privacy legislation currently exists in India which can protect us from potential abuse. The confirmed CMS hypothesis indicates that all individuals can potentially be targeted and monitored, regardless of whether they have been involved in illegal activity. Yet, India currently &lt;/span&gt;&lt;a href="http://perry4law.org/blog/?cat=9"&gt;lacks privacy laws&lt;/a&gt;&lt;span&gt; which can protect individuals from the infringement of their privacy and other human rights. The following questions in regards to the CMS remain vague: Who can authorise the interception of telecommunications and Internet communications? Who can authorise access to intercepted data? Who can have access to data? Can data monitored by the CMS be shared between third parties and if so, under what conditions? Is data monitored by the CMS retained and if so, for how long and under what conditions? Do individuals have the right to be informed about their communications being monitored and about data retained about them?&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;Immense vagueness revolves around the CMS, yet the project is due to start operating this month. In order to ensure that our right to privacy and other human rights are not breached, &lt;/span&gt;&lt;a href="http://perry4law.org/cecsrdi/?topic=central-monitoring-system-cms-for-telephone-tapping-in-india-2"&gt;parliamentary oversight of intelligence agencies in India&lt;/a&gt;&lt;span&gt; is a minimal prerequisite. E-surveillance regulations should be enacted, which would cover both policy and legal issues pertaining to the CMS project and which would ensure that human rights are not infringed. The overall function of the CMS project and its use of data collected should be thoroughly examined on a legal and policy level prior to its operation, as its current vagueness and excessive control over communications can create a potential for unprecedented abuse.&lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;span&gt;The necessity and utility of the CMS remain unclear and thus it has not been adequately proven yet that the security trade-off is worth it. One thing, though, is clear: we are giving up a lot of our data....we are giving up the control of our lives...with the hope that crime and terrorism will be reduced. Does this make sense?&lt;/span&gt;&lt;/p&gt;
&lt;hr /&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt;&lt;a class="external-link" href="http://www.medianama.com/2013/04/223-indian-government-plans-digital-central-monitoring-system-cis-india/"&gt;This was cross-posted in Medianama&lt;/a&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;
&lt;hr /&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/blog/indias-big-brother-the-central-monitoring-system'&gt;https://cis-india.org/internet-governance/blog/indias-big-brother-the-central-monitoring-system&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>maria</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2013-12-06T09:39:20Z</dc:date>
   <dc:type>Blog Entry</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/bloomberg-bna-february-1-2017-nayanima-basu-india-whatsapp-privacy-fight-may-affect-multinationals">
    <title>India WhatsApp Privacy Fight May Affect Multinationals</title>
    <link>https://cis-india.org/internet-governance/news/bloomberg-bna-february-1-2017-nayanima-basu-india-whatsapp-privacy-fight-may-affect-multinationals</link>
    <description>
        &lt;b&gt;The Indian Supreme Court’s review of Facebook Inc.'s and WhatsApp Inc.'s data security practices may lack teeth but also presages a desire for a stronger privacy regime and oversight of multinationals, internet and privacy specialists told Bloomberg BNA. &lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Nayanima Basu was &lt;a class="external-link" href="https://www.bna.com/india-whatsapp-privacy-n57982083152/"&gt;published by Bloomberg BNA&lt;/a&gt; on February 1, 2017. Pranesh Prakash was quoted.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;WhatsApp revised its privacy policy in August 2016 to share data with owner Facebook and allow targeted ads and messages from businesses, laying the groundwork for the free messaging service to monetize such data. But a public interest complaint, akin to a class action in the U.S., filed by two Indian students and regulatory inquiries have resulted in India’s top court asking Facebook and WhatsApp about their data protection practices.&lt;br /&gt;&lt;br /&gt;The court’s move Jan. 17 to seek the information may make multinational companies jittery, Rahul Khullar, former secretary of commerce for India’s Ministry of Commerce and Industry, told Bloomberg BNA. Although stronger data privacy enforcement is needed, all the high court has done is aggravate Facebook and other large multinationals, he said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Facebook is the second largest media company in the world with a $367 billion market capitalization, Bloomberg data show. It acquired WhatsApp in 2014 for approximately $18 billion, data show. Facebook didn’t immediately respond to Bloomberg BNA’s e-mail request for comments.&lt;br /&gt;&lt;br /&gt;Khullar, who is also the former chairman of the Telecom Regulatory Authority of India, said multinationals need to be more careful in sharing their data because of the “distinction between digital non-commercial data and digitally sensitive data,” he said. A strong national data privacy law would resolve some of these issues, he said.&lt;br /&gt;&lt;br /&gt;An U.S. official based at the U.S. Embassy in New Delhi, speaking on background, told Bloomberg BNA that any maneuver that restricts the free flow of data may harm the operations of U.S.-based multinationals and similar companies.&lt;/p&gt;
&lt;h3 style="text-align: justify; "&gt;Clarity, Stronger Laws Needed&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;Some internet and privacy specialists say that Facebook and WhatsApp failed to provide    effective data protection under Indian law.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Pranesh Prakash, policy director at the nonprofit digital technologies advocate Centre    for Internet and Society, told Bloomberg BNA that Facebook and WhatsApp are in violation    of    &lt;a class="bluenobold" href="http://www.wipo.int/edocs/lexdocs/laws/en/in/in098en.pdf"&gt; Section 43A of the Information Technology Act&lt;/a&gt; that lays out “reasonable security practices and procedures.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Indian citizens are reaching out to the courts for data protection enforcement because    lawmakers have “failed to do so,” he said. That highlights the need for robust data    protection laws in India and, he said, hopefully “goads the government and Parliament    into enacting a privacy and data protection law.”&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;In lieu of further legislative action, companies may be able to resolve some issues    by establishing clearer privacy policies, Niraj Gunde, a Mumbai-based attorney and    consumer advocate, told Bloomberg BNA. Most software agreements have a clandestine    clause that allows companies to access user data, but those agreements should also    state how the data will be used, stored and eventually disposed of, he said.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/bloomberg-bna-february-1-2017-nayanima-basu-india-whatsapp-privacy-fight-may-affect-multinationals'&gt;https://cis-india.org/internet-governance/news/bloomberg-bna-february-1-2017-nayanima-basu-india-whatsapp-privacy-fight-may-affect-multinationals&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Social Media</dc:subject>
    
    
        <dc:subject>WhatsApp</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2017-02-02T02:28:23Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/india-trilateral-forum">
    <title>India Trilateral Forum</title>
    <link>https://cis-india.org/internet-governance/news/india-trilateral-forum</link>
    <description>
        &lt;b&gt;Sunil Abraham was a panelist in the session "The Promise and Peril of Technology" at the 14th edition of India Trilateral Forum organized by the German Marshall Fund of the United States, Observer Research Foundation and Ministry of Foreign Affairs, Government of Sweden in Goa from March 22 - 23, 2018.&lt;/b&gt;
        &lt;h3 style="text-align: justify; "&gt;The Promise and Peril of Technology&lt;/h3&gt;
&lt;p style="text-align: justify; "&gt;The emergence of new technologies create possibilities for change, yet also carry risks of the emergence of “soft wars,” privacy issues, ethical challenges, among others.  With global military spending on the rise, we may now be on the cusp of a series of new technological innovations that will fundamentally change the way we conduct warfare. The rise of low-cost real-time satellite surveillance has the potential for privacy violation, intrusive controls, and hacking. Many credit the digital revolution with creating new possibilities for democratic engagement, because information technology has made institutions like mass media less hierarchical. There are hidden costs to the digital revolution and the transformative technologies, which needs to be carefully understood. The panel discussed the deeper layers of opportunities and risks associated with transformative technologies on war and peace and discuss whether the U.S., India, and Europe are falling behind China in this crucial area.&lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/india-trilateral-forum'&gt;https://cis-india.org/internet-governance/news/india-trilateral-forum&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>Admin</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2018-04-10T15:09:21Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>


    <item rdf:about="https://cis-india.org/internet-governance/news/india-today-priya-pathak-november-8-2017-india-today-conclave-next-2017-aadhaar-was-rushed-says-mp-rajeev-chandrashekhar">
    <title>India Today Conclave Next 2017: Aadhaar was rushed, says MP Rajeev Chandrashekhar</title>
    <link>https://cis-india.org/internet-governance/news/india-today-priya-pathak-november-8-2017-india-today-conclave-next-2017-aadhaar-was-rushed-says-mp-rajeev-chandrashekhar</link>
    <description>
        &lt;b&gt;Talking at the ongoing India Today Conclave Next 2017, MP Rajeev Chandrashekhar said that Aadhaar was rushed and foisted on the country by authorities that fail to first create a proper ecosystem. Chandrashekhar gave his comments at a keynote titled Privacy -- The Fundamental Right for the Digital Citizen.&lt;/b&gt;
        &lt;p style="text-align: justify; "&gt;The article by Priya Pathak was published by &lt;a class="external-link" href="http://indiatoday.intoday.in/technology/story/india-today-conclave-next-2017-aadhaar-was-rushed-says-mp-rajeev-chandrashekhar/1/1084396.html"&gt;India Today&lt;/a&gt; on November 8, 2017.&lt;/p&gt;
&lt;hr style="text-align: justify; " /&gt;
&lt;p style="text-align: justify; "&gt;&lt;span&gt; &lt;/span&gt;&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Chandrashekhar, who has been vocal on  the issues like data protection, privacy and net neutrality, said that  the government should have created a proper ecosystem for Aadhaar by  bringing norms and laws around data protection and privacy before asking  people to sign up for the unique ID.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The MP talked about India's  journey from being a largest unconnected world to becoming the largest  connected world. But Chandrashekhar criticised the "flawed" Aadhaar and  said that it was a classic example of how a government system would push  for technology in governance without addressing key bits of the  ecosystem around the citizen and the consumer.&lt;/p&gt;
&lt;div class="zg-placement-transition   zg-placement" id="zdt_3644892_1_wrapper" style="text-align: justify; "&gt;&lt;/div&gt;
&lt;p style="text-align: justify; "&gt;"If  that (Aadhaar) wasn't enough, the IT act and section 66A and its  language and its vagueness and its potential for misuse was another  example of the faults of a bureaucracy or a political system trying to  legislate or create solutions in the digital world, " he said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;At  the same time, he lauded the recent Supreme Court order that held all  Indians had fundamental right to privacy. "The latest finding of Supreme  Court of Privacy as fundamental right is a big deal and it will alter  number of things going forward," he said. He added that there should be  more debate and discussion on data privacy as there is an attempt to  characterise data privacy as some of kind of elitist issue in India  which it's not.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;Privacy, especially for the digital world,  currently is one of the most debated topics in India. The country in the  past few years has seen a number of instances where a government or a  private entity has knowingly or unknowingly compromised the data of its  users. Recently a study published by Centre for Internet and Society, a  Bengaluru-based organisation, revealed that private data of more 130  million Aadhaar card holders were leaked from four government websites.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The  Supreme Court in August this year declared privacy as a fundamental  right. A nine-judge Constitution bench headed by Chief Justice J S  Khehar has declared that "right to privacy is an intrinsic part of Right  to Life and Personal Liberty under Article 21 and entire Part III of  the Constitution".&lt;/p&gt;
&lt;p style="text-align: justify; "&gt;The move has been praised by many including  Rajeev Chadrashekhar who has said that it is a big welcome step. "It is  clear that Aadhaar and all other legislations existing and proposed will  have to meet the test of privacy being a fundamental right," he  recently said.&lt;/p&gt;
&lt;p style="text-align: justify; "&gt; &lt;/p&gt;
        &lt;p&gt;
        For more details visit &lt;a href='https://cis-india.org/internet-governance/news/india-today-priya-pathak-november-8-2017-india-today-conclave-next-2017-aadhaar-was-rushed-says-mp-rajeev-chandrashekhar'&gt;https://cis-india.org/internet-governance/news/india-today-priya-pathak-november-8-2017-india-today-conclave-next-2017-aadhaar-was-rushed-says-mp-rajeev-chandrashekhar&lt;/a&gt;
        &lt;/p&gt;
    </description>
    <dc:publisher>No publisher</dc:publisher>
    <dc:creator>praskrishna</dc:creator>
    <dc:rights></dc:rights>

    
        <dc:subject>Aadhaar</dc:subject>
    
    
        <dc:subject>Internet Governance</dc:subject>
    
    
        <dc:subject>Privacy</dc:subject>
    

   <dc:date>2017-11-26T06:41:07Z</dc:date>
   <dc:type>News Item</dc:type>
   </item>




</rdf:RDF>
