Showing posts with label big data. Show all posts
Showing posts with label big data. Show all posts

Tuesday, March 17, 2015

Election Commission’s linking of voter ID with Aadhaar violating Supreme Court’s order on Biometric Aadhaar, UIDAI transferring data to foreign companies

National Intelligence Grid (NATGRID) and Unique Identification Authority of India (UIDAI) are structurally linked 

Highs Courts of Andhra Pradesh, Punjab & Haryana questioned legality of 12 digit biometric aadhaar/unique identification (UID) NUMBER

Supreme Court warns central and state govts against violation of its repeated orders


March 17, 2015: Disregarding Supreme Court’s repeated orders on biometric aadhaar, Election Commission of India has launched its National Electoral Roll Purification and Authentication Programme (NERPAP), 2015 by linking UIDAI’s Aadhaar data with electoral photo identity card (EPIC) database to be completed by August 15, 2015 and its “Know How to link Your Aadhaar Number with Your EPIC Number” by visiting its portal http://eci.nic.in/eci/nvsp.html.  ECI feigns ignorance about privacy concerns about accessing the UIDAI database given the involvement of biometric and surveillance companies of USA, France and other transnational enterprises who are storing and possessing the sensitive personal data of Indians for 7 years as per contract agreements (whose copies have accessed using RTI) in an assault on the sovereignty of citizens and the country. Supreme Court’s bench of Justices J.Chelameswar, S.A.Bobde and C.Nagappan heard the12 digit biometric Aadhaar case on 16th March, 2015 and expressed grave dissatisfaction at defiance of its repeated orders dated September 23, 2013, November 26, 2013 and March 24, 2014. It took cognizance of officials seeking aadhaar. The court asked the Solicitor General of India to write to all chief Secretaries of states to ensure compliance. It asked the Union government to see that there are no violations. It said that if anyone violates it orders it would take severe action including putting violators in jail. The court gave petitioners liberty to file additional affidavits without prior permission of the court and to bring to its notice any violation of its orders. The court also said that it would not accept fait accompli as an argument to retain aadhaar. It has fixed July 13, 215 Monday for next hearing. The hearings would be continuous by the special bench, Monday to Friday. (Election Commission of India’s Press Note and Supreme Court’s order is attached)
It is noteworthy that the court has denied access to biometric information collected by Unique Identification Authority of India (UIDAI) to Central Bureau of Investigation (CBI). The court has said that UIDAI “is restrained from transferring any biometric information of any person who has been allotted the Adhaar number to any other agency without his consent in writing. More so, no person shall be deprived of any service for want of Aadhaar number in case he/she is otherwise eligible/entitled. All the authorities are directed to modify their forms/circulars/likes so as to not compulsorily require the Aadhaar number in order to meet the requirement of the interim order passed by this Court forthwith.”  
In manifest violation of Court’s order, R S Sharma, Secretary, Department of Electronics and Information Technology (DEITY), Ministry of Communication and Information Technology wrote a letter dated August 4, 2014 to the Secretary, Department of Defence Production, New Delhi asking him to introduce Aadhaar enabled Bio Metric Attendance System in the department of defence production for which preparatory steps where to be taken by 10th August, 2014 keeping in view the urgency.  The said letter was sent by Under Secretary, Minister of Defence to DGQA, DGAQA and other departments that Para 2 of the  letter dated 4.8.2014 states that the proposed system would enable an employee with an Aadhaar number to register his/her attendance (arrival/ departure ) in the office through biometric authentication. It also says that a web based application software system will enable online recording of attendance and that the dash board relating to real time attendance and related statistics, can be viewed by everyone.
Taking cognizance of the rampant violation of the Supreme Court’s order, Citizens Forum for Civil Liberties (CFCL) has sent legal notices to the Secretary, DEITY, Secretary, Department of Defence Production, Ministry of Defence, Secretary, Union Ministry of Parliamentary Affairs, Secretary, Union Ministry of Urban Development, Special Secretary, Government of Uttar Pradesh,  Inspector General of Registration, Department of Revenue, Government of NCT of Delhi and Durgapur Steel Plant, Steel Authority of India Limited through its counsel. There are several other departments and authorities who are violating the orders. Legal notices are being sent to them as welle. For instance, the following two orders to violate the court’s order-
In violation of court’s order Maharashtra Govt’s Cabinet Resolution makes compulsory Aadhaar for PDS at 52,232 Fair Price Shops at a cost of Rs. 103, 99, 00,000. The resolution is available at: https://www.maharashtra.gov.in/Site/upload/CabinetDecision/English/03-03-2015%20Cabinet%20Decision%20(Meeting%20No%2018).pdf
The notification of March 9, 2015 from Government of NCT of Delhi compels couples to get Aadhaar for getting their marriage registered under the Special Marriage Act. It has also been noted that the Bombay High Court Registrar had recently received an official communication asking him to make Aadhaar mandatory for disbursal of salary to staff and even judges. If this continues, the day is not far when even the present and future judges of the Supreme Court and all the High Courts and lower courts will be compelled to get themselves biometrically profiled for Aadhaar.  
CFCL has been working on the issue of Unique Identification (UID) Number branded as “Aadhaar”. It had also appeared in front of Parliamentary Standing Committee on Finance which examined the National Identification Authority of India Bill, 2010 and trashed it on several counts including UIDAI’s questionable exercise of collection of biometric data without any legal mandate. Secretary, DEITY has sent similar letters to all the ministries and departments of central government. It is quite bizarre that it has not even spared National Human Rights Commission, which had given its submission before the Parliamentary Standing Committee on Finance.  
Aadhaar violates human rights, right to privacy as well as other Constitutional rights, the application of Aadhaar was admittedly restricted to ‘civilian application’ and was not allowed in defence application. The entire information of the employees working in the department of defence production, which will include related statistics, will be stored online and on cloud will be available to everybody. Besides application of biometric aadhaar in the Department of defence production not being in national interest making it available to everyone and on the cloud, including to the foreign companies like M/s L1 Solutions and Accenture violating the court’s order.
It is quite sad that legal minds in the States have not informed their chief ministers about the grave ramifications of aadhaar. It is quite strange that so far States have failed to defend erosion of their autonomy because of centralized databases of biometric data and in resisting the illegitimate advances of the social control technologies. Citizens and States must note that it is not a question of aadhaar number being voluntary or mandatory, which seems to be getting the focus, it is a question of citizens being turned into subjects using illegal and illegitimate biometric Aadhaar number which is quite well documented.

States and citizens have failed to appreciate that “several countries including the US, the UK, Australia, China, Canada and Germany have tried such projects but aborted them midway as impractical. The US –arguably the most surveillance prone society in the world – passed a Federal law requiring the States to allow the Federal Department of Homeland Security to access State databases such as drivers’ licences and motor vehicle registration but failed to implement the same.”
The Supreme Court is hearing the cases which have been filed by former judges, former general, defence scientists and social workers. These include Justice (retd) K S Puttaswamy, former judge of Karnataka High Court, Major General Sudhir Vombatkere, Col. Mathew Thomas, Aruna Roy among several others. The cases which have been filed in High Courts against biometric aadhaar has been transferred and been clubbed with this case.  
On March 10, 2015, Ministry of Home Affairs informed the Lok Sabha that “The (National Intelligence Grid) NATGRID and Unique Identification Authority of India (UIDAI) have not been declared as Intelligence Agencies”. It is evident that this reply is cleverly worded. The fact is that both are interlinked and both are functioning without any legal framework and parliamentary scrutiny. This information was shared in reply to a question by Dr. Shashi Tharoor. The fact is that they are functioning as part of intelligence agencies. When media had asked UIDAI chief about its link with intelligence agencies, he had responded saying, “No comments.” Industry documents have unequivocally established that both UIDAI and NATGRID are linked. In fact, UID policy was first adopted by US Department of Defence followed by NATO. In a related development Pakistan is making biometric identification mandatory for purchase of sim cards for mobiles. The data which was collected by Pakistan’s National Database Registration Authority (NADRA) was transferred to US agencies according to Wikileaks. It is also apprehended that the foreign companies which are involved in Pakistan’s biometric identification program are also involved in India’s biometric aadhaar program.      
It may be recalled that after submitting 3.57 crore signatures against Aadhaar/UID to the Prime Minister on March 14, 2012. Parliamentary Standing Committee on Finance in its report placed before Parliament on December 13, 2011 observed that UID/Aadhaar project has been conceptualized “with no clarity of purpose” and “directionless” in its implementation, leading to “a lot of confusion”. The Standing Committee also observed that while framing of relevant law is under way, the continuance of the project is “unethical and violation of Parliament’s prerogatives”. The collection of biometric and personal data and issuing of UID numbers do not have any statutory sanction until the Bill is passed by Parliament. In the absence of a Constitutional provision or legal framework, all the actions of the UIDAI are technically unconstitutional and illegal. It must be recalled that meanwhile, a Division Bench of the Andhra Pradesh High Court comprising Chief Justice Kalyan Jyothi Sengupta and P.V. Sanjay Kumar passed an order on November 21, 2013 that Aadhaar cannot be made mandatory. Punjab and Haryana High Court bench headed by Chief Justice A K Sikri had passed an order March 2, 2013 after hearing a matter challenging a circular making UID number mandatory. The moment Court raised questions of laws, the circular was withdrawn by the central government. The decision underlined that UIDAI is legally assailable and indefensible. Supreme Court order vindicates the Punjab and Haryana High Court order, report of the Parliamentary Standing Committee on Finance and the Statement of Concern dated September 28, 2010 issued by 17 eminent citizens including late Justice VR Krishna Iyer, Prof Romila Thapar, late SR Sankaran, Justice AP Shah, late KG Kannabiran, Bezwada Wilson, Aruna Roy and Prof Upendra Baxi seeking halting of the project. The Parliamentary Standing Committee on Subordinate Legislation is also seized with the compliant dated 18.3.2013 on how Subordinate Legislation for Biometric Identity is illegal & illegitimate and constitutional, legal, historical & technological reasons against UID number scheme.
Those members of the Union Cabinet who are guilty for passing on the data of Indians to foreign biometric and surveillance companies must be censured and held liable and accountable by the Parliament and State legislatures.

For Details: Gopal Krishna, Citizens Forum for Civil Liberties (CFCL), Mb: 09818089660, 08227816731, E-mail:gopalkrishna1715@gmail.com

Tuesday, February 10, 2015

Why AAP govt in Delhi should abandon biometric Aadhaar to reverse Congress & BJP legacy of "intrusive bullying"?

Dear Arvind Kejriwalji,

This is with reference to an interview wherein you said that "there are certain objections, which need to be addressed" with regard to the Biometric Unique Identification (UID)/Aadhaar Number scheme (The Tribune, 9th February, 2014), I submit that there is a logical compulsion for AAP to seek removal of aadhaar from the list of identity proofs having taken cognizance of “objections" against the aadhaar that have remained unaddressed and more gnawing concerns that have emerged since then. The political class in general has failed to stop indiscriminate biometric profiling of Indians. It is noteworthy that in a unanimous verdict, European Court of Human Rights has questioned indiscriminate profiling. AAP can lead the efforts to reverse the aadhaar related initiatives taking note of experience in China, UK, Australia, USA, Philippines, France and elsewhere. Kindly excuse me for a long letter but concerns about mankind's biggest biometric database created the need for this elaborate write up.

This is also to draw your attention towards the attached order of the Hon’ble Supreme Court dated March 24, 2014 and the report of the Parliamentary Standing Committee on Finance on biometric aadhaar amidst the demand of 17 eminent citizens led by late Justice V R Krishna Iyer demanding stoppage of the biometric Unique Identification (UID)/aadhaar number and related projects. It demonstrates that all the circulars and orders of Government of India and State Governments are illegal and illegitimate. This order which was passed after your February 2014 interview merits your immediate attention. 

I submit that the information gathered using RTI has revealed that entire information of the citizens and residents is going to be admittedly stored online and on cloud under the Digital India Initiative of Government of India which, will be available to everybody inside and outside the country. The foreign companies like M/s L1 Solutions, a subsidiary of French Conglomerate Safran and Accenture, a US company who are de-duplicating the enrolment at the rate of Rs 2.75 per de-duplication are admittedly storing the biometric and demographic data for 7 years in violation of Hon’ble Supreme Court’s order passed on 24.3.2014. In electronic age storage of data even for one minute by any entity means storage for eternity. This storage of the biometric data of Indians is not for free. Indian residents and citizens are paying for it at rate of Rs 2.75 paisa per biometric de-duplication and will do so for umpteenth time!

I submit that after refusing to share contract documents for years, the UIDAI finally provided it under the RTI Act, with important pages missing. In the matter of Right to Information (RTI) application, on 14th October, 2014, Vijay Bhalla, Deputy Registrar, Central Information Commission (CIC) wrote a letter on behalf of Sharat Sabharwal, Information Commissioner, CIC to Central Public Information Officer (CPIO) & Deputy Director, UIDAI. The letter states, “I am directed to convey that you should, within two weeks of the receipt of this order, provide to the Appellant the limited information i.e. financial quotation/ price by the third party firms in the subject tender as disclosure of it would not inflict any harm to the competitive position of third party firms at this stage when the contracts have already expired.”   The RTI application was filed seeking a complete copy of the contract UIDAI signed with L1 Identity Solutions for Biometric Technology, on 24th August, 2010 and a copy of the contract UIDAI signed with Accenture for Biometric Technology, on 1 September 2010. Responding to this letter, Subrata Das, the CPIO & Deputy Director, UIDAI wrote to the RTI Appellant on 22th October, 2014 in compliance with the CIC decision on the second Appeal hearing dated 30th September, 2014.

UIDAI’s letter reads, “The requisite letter in compliance with the CIC decision is as under: 
(i) financial quotation/ price quoted by Accenture Services Pvt Ltd is Rs 2.75 (inclusive of taxes) as a unit price for Enrollment Allotted Transaction for De-duplication Services (ii) financial quotation/price quoted by L1 Identity Solutions Operating Company Pvt Ltd is Rs2.75 (inclusive of taxes) as a unit price for Enrollment Allotted Transaction for De-duplication Services

This reply implies that for each of the 100 crore Indian residents targeted for aadhaar enrolment, the taxpayer through the central government will have to incur the cost of Rs2.75 to the companies in question. This is significant because this is not a one-time cost but each time de-duplication of Aadhaar number is done, the cost will be incurred. Besides other gnawing concerns about an assault on human rights, national security, economy and sovereignty, this is yet another case of foreign companies withholding transfer of technology from developing countries.

I submit that UID/aadhaar violates human rights, right to privacy as well as other Constitutional rights, the application of UID was admittedly restricted to ‘civilian application’ and but now it has been extended to defence application.
I submit that the 6th Federal Council meeting of the National Federation of Civil Accounts Associations held on 18th and 19th September 2014 in Cochin passed a resolution urging the Government of India to delink the aadhar from the process of implementation of Biometric attendance system and before implementing the new scheme of biometric attendance system in the Central Government Offices.

I submit that the 1500 page manifesto titled “2083: A European Declaration of Independence” brought out by Norwegian gunman and neo-Crusader, Anders Behring Breivik who carried out the heinous attacks on 22 July 2011 by bombing government buildings in Oslo killing his fellow citizens merits study. This manifesto refers to the word “identity” over 100 times, “unique” over 40 times and “identification” over 10 times. There is reference to “state-issued identity cards”, “converts’ identity cards”, “identification card”, “fingerprints”, “DNA” etc. The words in this manifesto give a sense of déjà vu when one examines the ongoing implementation of biometric  aadhaar. I wonder what if an exercise similar to the one recommended in the infamous manifesto has an official sanction in the form of biometric aadhaar.

During a recent visit to France and Geneva to give testimony to a 52 Member Group of European MPs on the need for regulating transnational corporations and to attend the 3rd UN Forum on Business and Human Rights, I was informed by a German public policy researcher that the real scandal in Germany was not about the phone tapping of German Chancellor Angela Merkel’s by USA’s National Security Agency (NSA), an entity declared unconstitutional by a US District Court).  She underlined that the real scam was that the biometric profile was all the German government and intelligence officials are available with the NSA.

I submit that the democratic mandate of the last parliamentary elections was against biometric aadhaar. In the absence of robust application of legal mind in the State, the Unique Identification Authority of India (UIDAI) has generated crores of biometric aadhaar numbers of Indian residents although the project does not have the required legal mandate after the proposed National Identification Authority of India Bill, 2010 was trashed by the Parliamentary Committee in its report to the Lok Sabha and Rajya Sabha.

I submit that unmindful of this Central Government's promptness to promote and support aadhaar is coincidentally supported by Shri Mukesh Ambani of Reliance Industries (RIL) who has expressed his support for biometric identification saying, “Aadhaar, an initiative of Unique Identification Authority of India, will soon support the world’s largest online platform to deliver government welfare services directly to the poor.” He has written this in a chapter titled ‘Making the next leap’ endorsing biometric profiling based identification in the book ‘Reimagining India’ edited by McKinsey & Company published by Simon & Schuster in November 2013. This appears to be an explicit signal to the political parties and media houses who receive direct and indirect corporate donations from companies as their clients in myriad disguises.

I submit that before their death 17 eminent citizens including Justice Iyer, Shri K G Kannabiran, noted human rights lawyer and Shri S R Sankaran, noted people’s IAS Officer issued a Statement of Concern against the biometric UID/aadhaar number. The other signatories included Prof Romila Thapar, historian, Justice A.P. Shah, Retired Chief Justice of High Court of Delhi, Prof. Upendra Baxi, noted jurist and ex-Vice Chancellor of Universities of Surat and Delhi, Trilochan Sastry, Indian Institute of Management, Bangalore and Association for Democratic Reforms (ADR), Bezwada Wilson, leader of Safai Karamchari Andolan and Prof. Jagdish Chhokar, ex- IIM, Ahmedabad, and ADR.

I submit that Justice V. R. Krishna Iyer, a people’s judge of the Supreme Court who passed away on December 4, 2014 in Kochi was opposed to biometric aadhaar and Planning Commission’s UIDAI. Although his views have been endorsed by the Parliamentary Standing Committee on Finance, Supreme Court, Punjab and Haryana High Court and National Human Rights Commission besides European Court of Human Rights, governments of UK, France, Australia, China and Supreme Court of Philippines, the present Bhartiya Janta Party led Government like the previous Congress Party led Government is bulldozing the biometric data based 12 digit UID number branded as aadhaar.

I also wish to draw your attention towards what Thomas Jefferson, the principal author of the US Declaration of Independence (1776) and the third President of the US (1801-1809) said. He said," "When the people fear the government, there is tyranny. When the government fears the people, there is liberty."

I wish to draw your immediate attention towards the recommendations of the Parliamentary Standing Committee on Finance in its report presented to the Lok Sabha and laid it in Rajya Sabha and a Parliamentary Bulletin Part-II dated December 18, 2014 regarding “AADHAAR (UIDAI) enrolment camp which was set up exclusively for the Members of Parliament who have not been enrolled as yet” published under the signature of Secretary General, Rajya Sabha. This seems to be an act of ignorance regarding the legislative process on aadhaar by the Secretary General, Rajya Sabha. The enrolment camp continued till December 23, 2014. A release of the Press Information Bureau (PIB) on behalf of the Ministry of Parliamentary Affairs stated that Lok Sabha Speaker Smt Sumitra Mahajan inaugurated Aadhaar registration of Members of Parliament in the Parliament House on December 11, 2014.

I submit that such exercise of power by the office bearers of Parliament in order to facilitate world’s largest biometric database appears unprecedented. It is likely to be deemed as an act of institutional subversion by the experts of parliamentary processes, conventions and future generations. The creation of this database is linked to World Bank’s eTransform Initiative with several undemocratic transnational companies and is illegally and illegitimately being linked to electoral database, Census and National Population Register.

I submit that this appeared to be aimed at appeasing US President Shri Barack Obama who was the chief guest on the republic day. The republic is apparently being put under surveillance through the universal aadhaar coverage, Shri Obama's interest in aadhaar is quite known. Not surprisingly, President Obama visited an Aadhaar enrolment station in Mumbai in 2010 during his last visit to India. His delegation included the CEO of L1 Identities Solution, then a US MNC (now a subsidiary of Safran Group, a French company with French Govt’s stake in it).

I submit that Wikileaks had revealed that US agencies  are closely monitoring the implementation of the project.

This exercise has made a mockery of the legislative process and the Parliamentary Standing Committee on Finance which noted that the Government has “admitted that (a) no committee has been constituted to study the financial implications of the UID scheme; and (b) comparative costs of the aadhaar number and various existing ID documents are also not available.” In view of such glaring omissions, the Committee denounced the UID/aadhaar project as `unethical and violative of Parliament's prerogatives' and as akin to an ordinance when the Parliament is in session.

It must be recalled that The National Identification Authority of India Bill, 2010 was introduced in the Rajya Sabha on 3rd December, 2010. The Speaker, Lok Sabha in consultation with the Chairman, Rajya Sabha referred the Bill to the Parliamentary Standing Committee on Finance. The Standing Committee presented the Report to the Lok Sabha and laid it in Rajya Sabha on 13th December 2011.

The Report of Parliamentary Standing Committee on Finance has specifically raised questions about the legality of the collection of biometrics while creating a citizen/resident data base. The Report (in the section on Observations/Recommendations) reads: “The collection of biometric information and its linkage with personal information without amendment to the Citizenship Act 1955 as well as the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, appears to be beyond the scope of subordinate legislation, which needs to be examined in detail by Parliament.”

I submit that the complicity of the senior office bearers of both the Houses of the Parliament indicates that the office bearers are apparently complicit in illegitimate and censured acts of the executive. It is quite bizarre that they undertook this despite knowing the fate of The National Identification Authority of India Bill in both its 2010 and 2013 incarnations. It demonstrates quite an alarming silence of all the legislators in general but especially of those who were members of the Parliamentary Standing Committee on Finance that trashed the aadhaar Bill and the project drawing on global experience from UK, Australia, China, France, USA, Philippines and others.

In the current context, Section 57 of the rejected aadhaar Bill which was trashed merit attention because it reveals executive’s intent to take legislative consent for biometric aadhaar and related initiatives for granted.
Anything done under the Planning Commission’s notification dated January 28, 2009 that set up the UIDAI “shall be deemed to have been done or taken under the corresponding provision of this Act”. This created a logical compulsion for the legislature to rigorously examine the various activities undertaken by the UIDAI as it is likely to have serious consequences in connection with identification of persons, who the information is handed over to, with whom contracts have been entered, the non-existence of a data protection law, privacy law and its inherent possible structural link with the proposed Human DNA Profiling Identity Bill. This is significant because the aadhaar Bill did not define biometric data and DNA and voice samples are part of biometric data besides finger prints and iris scan.

It is quite apparent that after central government employees including defence employees, the MPs, it will be the turn of the MLAs, MLCs and other elected representatives of the Panchayati Raj institutions and municipalities to be targeted on priority basis for biometric aadhaar entrapment.

I submit that the Statement of Concern of eminent citizens further stated, “National IDs have been abandoned in the US, Australia and the newly-elected British government. The reasons have predominantly been: costs and privacy. If it is too expensive for the US with a population of 308 million, and the UK with 61 million people, and Australia with 21 million people, it is being asked why India thinks it can prioritise its spending in this direction. In the UK, the Home Secretary explained that they were abandoning the project because it would otherwise be `intrusive bullying’ by the state, and that the government intended to be the `servant’ of the people, and not their `master’. Is there a lesson in it for us? In the late nineties, the Supreme Court of Philippines struck down the President’s Executive Order A.O 308 which instituted a biometric based national ID system calling it unconstitutional on two grounds – the overreach of the executive over the legislative powers of the congress and invasion of privacy. The same is applicable in India – UIDAI has been constituted on the basis of a GoI notification and there is a fundamental risk to civil liberties with the convergence of UID…etc.”

The Statement of Concern which was signed by Justice Iyer concluded, “We, therefore, ask that the project be halted, A feasibility study be done covering all aspects of this issue, experts be tasked with studying its constitutionality, the law on privacy be urgently worked on (this will affect matters way beyond the UID project), a cost : benefit analysis be done and a public, informed debate be conducted before any such major change be brought in.”

This is the statement of the same Justice Iyer on whose passing away President Shri Pranab Mukherjee said, “As an eminent jurist, he used law as an instrument of social engineering and social change making justice accessible to all, including the marginalized and the vulnerable. As a judge of the Supreme Court of India, he made immense contribution to the development of human rights jurisprudence. His sad demise leaves a void which is difficult to fill.”

I submit that greeting Justice Iyer on his 100th birthday, Prime Minister, Shri Narendra Modi said, “Legal luminary, philosopher and intellectual, Justice Krishna Iyer is an Institution in himself, who dedicated his life to the Nation. Justice Iyer’s life and works are an inspiration to all of us. My interactions with him have been very enriching. I learnt a lot from him,”

But when it comes to following Justice Iyer’s recommendations on biometric aadhaar, the government seems to ignore it and follow the advice of India’s richest man whose name features in the list of those who hoard black money in foreign banks.

I submit that Aadhaar numbers meant for residents of India was repeatedly mentioned in the Congress manifesto in 2014 Lok Sabha elections. The manifesto read, it “will ensure that all Indian residents have a unique Aadhaar number. It can be used as proof of identity and proof as residence.” Supreme Court has overruled Congress plan to link any service to aadhaar in its order of March 24, 2014.

It is noteworthy that Election Commission of India has announced that if one does not Voter Identity Cards, there are 14 alternative documents to proof one’s identity, aadhaar isn’t mentioned in its advertisements.

I submit that during the election campaign for the Lok Sabha elections Shri Narendra Modi and his party opposed aadhaar but on 1st May, 2012, he himself enrolled for aadhaar by giving his biometric fingerprints as per the website of Shri Modi and prior to that Gujarat Government signed a MoU to implement aadhaar. But he endorsed Court’s order against aadhaar during the Lok Sabha 2014 election campaign. After becoming the Prime Ministerial and after meeting Shri Nandan Nilekani on July 1st, 2014, he took somersault and started promoting biometric aadhaar.

I submit that the Memorandum of understanding (MoU) to implement aadhaar was signed with Unique Identification Authority of India (UIDAI) when Communist Party of India (Marxist)—CPI(M) was in power in West Bengal. But although Trinamool Congress (TMC) got a resolution passed in the State Assembly against aadhaar being made mandatory, it has not annulled the MoU and has not sought the abandonment of the project. TMC and CPI (M) seem to have similar position on aadhaar they voted together for the first time for the passage of the resolution.

I submit that Kerala’s leader of the opposition Shri VS Achuthanandan from CPI (M) as opposition leader asked the government to drop the ‘Aadhaar' project on 26th August, 2011. But as Kerala Chief Minister Shri Achuthanandan, just like Modi had launched the aadhaar project.

I submit that in Tripura, where CPI (M) rules, it became the first state in the northeast where the aadhaar scheme was launched on 2 December 2010. Quite belatedly, after Tripura Government received the award from the Indian National Congress led government for successfully implementing aadhaar, on 25 September 2013, the CPI (M) issued a statement titled “Aaadhar Illegal” and later expressed grave concerns about its relationship with foreign intelligence companies. 

I submit that JD (U) leader, as Bihar chief minister, Shri Nitish Kumar revealed his position by launching biometric e-Shakti initiative in Bihar but the same has been abandoned. But it signed MoU to implement aadhaar in the state that is unfolding in a business as usual manner.

I submit that Samajwadi Party ruled state is also implementing the MoU to implement aadhaar that signed during Bahujan Samaj Party’s regime. Similar is the case with Biju Janata Dal ruled Odisha state.

I submit that on 29th September 2013, as Tamil Nadu chief minister Ms J Jayalalithaa wrote a letter to the Prime Minister questioning mandatory provision related to aadhaar but stopped short of seeking its scrapping.

I submit that on 22nd October, 2013, BJP vice president Smriti Irani made a statement against aadhhaar. Leaders like BJP’s South Bangalore candidate, Shri Anant Kumar too have echoed sentiments against aadhaar during their election campaign. At present both are union ministers and are happily promoting aadhaar’s implementation.

I submit that quite like Congress, CPI (M), TMC, SP, BSP, BJD and JD (U) and BJP have failed to announce that since biometric aadhaar violates constitutional rights, they will cancel the MoUs that they signed for their implementation in view of PSC’s report, Supreme Court’s order and international experience.

I submit that in one of the earliest documents that refer UIDAI is a 14-page long document titled ‘Strategic Vision: Unique Identification of Residents’ prepared by Wipro Ltd for the Planning Commission envisaged the close linkage that the UIDAI’s aadhhar would have with the electoral database. The use of electoral database mentioned in Wipro’s document remains on the agenda of the proponents of aadhaar.

It is quite possible to merge the UID numbers of Electronic Voting Machines (EVMs) and UID/aadhaar number of Indian voters. Will such convergence save democracy or undermine it?

In India, the origin of aadhaar lies in Shri Rahul Gandhi’s failed attempt to train Indian Youth Congress (IYC) and National Students' Union of India (NSUI) wherein a web-based Pehchaan (identity) platform was set up "as a mechanism to identify and promote elected office-bearers at every level."   His approach was bound to meet the fate of his experiments in the IYC and the NSUI. Aadhaar scheme attempted to undermine all the existing institutions.  It is strange as to why non-Congress political parties maintain silence about the emergency architecture based on a database that is stored on cloud over which India has no jurisdiction akin to what has been decided for Congress through Google's cloud computing, which is in agreement with IBM since 2007. IBM has not denied its involvement in the holocaust in Germany where it was involved in the census operations.   

It seems understandable for the Congressmen in provinces to be obedient persons. But it is inexplicable as to why when the Pehchaan (identity) platform of the Congress which was extended the whole country even non-Congress parties agreed to it.
I submit that when you took cognizance of “objections” against the 12 digit Unique Identification (UID) Number branded as aadhaar, it emerged as a ray of hope that on your examination you will realize how aadhaar is not an identification card but a biometric identifier number that verifies citizens as subjects.

I submit that state governments run by non-BJP and non-Congress parties must  apply their legal minds to abandon biometric data collection the way it has been done in UK, US, France, China and Australia before being compelled by the  Court to do so. They need to ask: do political patrons of the UID have their own aadhaar number. Now these parties have no excuse to postpone call for boycott and civil disobedience movement against biometric identification in any form.

I submit that during the previous regime of AAP led Government; I visited Secretariat and noticed that biometric aadhaar was being considered as one of the identity proofs at Delhi Secretariat. It is possible that residues of Congress regime created this situation. It appeared that AAP did not realize that it is one of the pernicious residual legacies of Congress Government that merit immediate attention and action. I hope in that during your current tenure you will set it right after rigorous examination of the issues involved. 

In his book The Economics of Innocent Fraud, John Kenneth Galbraith wrote, "Out of the pecuniary and political pressures and fashions of the time, economics and larger economic and political system cultivate their own version of truth. This last has no necessary relation to reality...what is convenient to believe is greatly preferred...It is what serves, or is not adverse to, influential economic, political and social interest."  Galbraith also wrote, "One must accept a continuing divergence between approved and conditioned belief and the reality. In the end, it is the reality that counts."

I wish to submit that most political parties greatly prefer "what is convenient to believe" preferred" in the face of marketing blitzkrieg by vendors of biometric identification technologies. I hope AAP will undo the damages done by Congress and BJP regime by taking inconvenient decisions in the interest of citizen’s rights of the present and future generations.

Citizens Forum for Civil Liberties (CFCL) is involved in the research and advocacy against surveillance technologies since 2010. It has appeared before the relevant Parliamentary Committee that questioned the biometric identification of Indians without any legal mandate.

In the face of such assault on citizens’ rights and the emergence of a regime that is making legislatures subservient to database and data mining companies, the urgent intervention of the progressive political parties, legislators and informed citizens must not be postponed anymore.

In view of the above, CFCL demands that even at this late stage aadhaar and related schemes be halted and await Hon’ble Supreme Court’s final verdict in this regard. AAP should seek a white paper on the legality of biometric data collection and work undertaken under the project.

In view of the above, I seek your urgent intervention even as the biometric profile of every current and future Indian political leader and official is being stored by foreign governments and companies, yet another act of belittling state legislatures and parliament has been performed with impunity.

I will be happy to share more details and documents in this regard and meet you with a delegation in this regard at the earliest as per your convenience.

Warm Regards
Gopal Krishna
Citizens Forum for Civil Liberties (CFCL)
Mb: 08227816731, 09818089660
E-mail:gopalkrishna1715@gmail.com

Tuesday, June 17, 2014

Why biometric aadhaar and National Population Register (NPR) must be scrapped


To

Shri Ravi Shankar Prasad
Union Minister of Communications and Information Technology, Law and Justice
Government of India
New Delhi-1100

Subject- Why biometric aadhaar and National Population Register (NPR) must be scrapped

Sir, 

Although belated let me congratulate you on taking charge as Union Minister of Communications and Information Technology, and Minister of Law and Justice.

This is with reference to the news report (“Aadhaar future at stake, govt seeks meeting with states”, Subhomoy Bhattacharjee, June 17, 2014, Indian Express), a 35 part article series on biometric identification (How biometric IDs can stir 'the Pot' and lead to civil war? -Part XXXV, April 29, 2014, http://www.moneylife.in/author/gopal-krishna.html) and the role of Ram Sewak Sharma, the current Secretary, Department of Electronics & Information Technology (DeiTY), former Chief Secretary, Government of Jharkhand and former Director General of Unique Identification Authority of India (UIDAI).  
I submit that you had rightly raised the issue of the “Sanctity and integrity of the data being collected by the UIDAI”  echoing the recommendations of the Parliamentary Standing Committee on Finance, Shri Narendra Modi, Hon’ble Prime Minister of India and Shri Arun Jaitley Union Minister of Finance, Corporate Affairs and Defence.   
I submit that the scrapping of Group of Ministers (GoM) regarding Issue of Resident Identity Cards to all usual residents of the country of age 18 years and above under the scheme of National Population Register (NPR), Cabinet Committee on Unique Identification Authority of India related issues and non-renewal of contract of Raghu Raman, CEO of National Intelligence Grid (NATGRID) from Indian National Congress led UPA era paves a new path.
I submit that the GoM in question was supposed to examine all aspects relating to the proposal for issuing Resident Identity Cards based on biometric identification to the usual residents of the country keeping in view all relevant issues and finalize its recommendations at an early date. This did not happen.
I submit that as to biometric data collection, Shri Narendra Modi as Chief Minister had written a letter to Dr Manmohan Singh, the then Prime Minister saying, “…there is no mention of capturing biometrics in the Citizenship Act or Citizenship Rules, 2009”. In the absence of any provision in the Citizenship Act, 1955, or rules for capturing biometrics, it is difficult to appreciate how the capture of biometrics is a statutory requirement. Photography and biometrics is only mentioned in the Manual of Instructions for filling up the NPR household schedule and even in that there is no mention of capturing the iris”.
I submit that Shri Sharma misled Shri Modi by persuading to agree for biometrically profiling for aadhaar despite the fact that Shri Modi was opposed to biometrically profiling for National Population Register (NPR). It is also intriguing as to why was Shri Sharma was made Secretary, Department of Electronics & Information Technology (DeiTY) ahead of the defeat of aadhaar promoters. It is noteworthy that Shri Sharma is former Director General of Unique Identification Authority of India (UIDAI) and as Chief Secretary, Government of Jharkhand he implemented aadhaar in contempt of Supreme Court's order.

I submit that it is quite evident that convergence of NPR, UID/Aadhhar and Census was/is meant for tracking citizens forever without learning lessons from countries like China, UK, Australia, France and others who have abandoned such projects on merit. Undertaking a surveillance or identification exercise on all the citizens of India is indeed a matter of concern for legislatures, judiciary, citizens and media wedded to public interest.
I submit that the failure of the previous government to get the National Identification Authority of India Bill passed, the report of the Parliamentary Standing Committee (PSC) on Finance on the Bill, irregularities pointed out by in the PSC reports, the orders of the Supreme Court and breach of trust by UIDAI in misleading Indian residents that aadhaar is mandatory but attempting to make it mandatory reveals that the perception about citizens’ insecurity is correct.
I wish to inform you that during his talk at the World Bank in Washington on 24 April 2013, Shri Nandan Nilekani as Chairman, UIDAI explained, "First of all, this is not an ID card project. There is no card. There is a number. It's a virtual number on the cloud, and we don't give a physical card. We do send you a physical letter with your number, which you keep in your pocket, but the real value of this is the number on the cloud". The February 2014 report of Parliamentary Standing Committee on Information Technology on Cyber Crime, Cyber Security and Right to Privacy reveals how Aadhaar number and NPR number compromise both national security and citizens' sovereignty for good. The database of these numbers is being stored on cloud which is beyond India's jurisdiction. The aadhaar data is admittedly stored on cloud. Government ignored the PSC's apprehensions on the usage of ‘Cloud computing’, the concept of ‘shared platform’ and the risks associated with the usage of Cloud computing in the 5th year of the implementation of Aadhaar disregarding cyber security breaches faced in e-Governance projects.

I submit that Parliamentary Standing Committee on Finance headed by Shri Yashwant Sinha in its report submitted to the Parliament on December 13, 2011 recorded what the Philippines Supreme Court has said in this regard:” ……the data may be gathered for gainful and useful government purposes;
but the existence of this vast reservoir of personal information constitutes a covert invitation to misuse, a temptation that may be too great for some of our authorities to resist” while rejecting a similar project. The Committee rejected the National Identification Authority of India Bill, 2010 of the Indian National Congress led Government and took cognizance of the possibility of ‘manipulation of
biometric information.’
I submit that both biometric aaadhaar and NPR are based on the unscientific and questionable assumption that there are parts of human body likes fingerprint, iris, voice etc that does not age, wither and decay with the passage of time. Those who support aadhaar and NPR seem to display unscientific temper by implication.
I submit that the reason for the vehement opposition to 12-digit biometric unique identification (UID)/Aadhaar number project is that it is contrary to the basic structure of the Constitution of India, which provides for a limited government and not an unlimited government. The project is
aimed at creating an unlimited government.
As you are aware for a 21 month period between 25 June 1975 to 21 March 1977, the country was put under internal Emergency under Article 352 of the Constitution of India, effectively bestowing on Smt Indira Gandhi, the then Prime Minister, the power to rule by decree, suspending elections and civil liberties. This was made legal and it remained so as long as it lasted. The powers given to her virtually had no limits. The human body came under assault as a result of forced vasectomy of thousands of men under the infamous family planning initiative of Shri Sanjay Gandhi.
I submit that like Indira Gandhi, Dr Manmohan Singh as Prime Minister enacted the authoritarian architecture through biometric identification of Indians.
I submit that the contract agreement is applicable to both Planning Commission’s Centralised Identities Data Repository (CIDR) of digit biometric unique identification (UID)/Aadhaar number which is ‘voluntary’ and the ‘mandatory’ National Population Register (NPR) of Ministry of Home
Affairs which is also generating Aadhaar number. Notably, column number 2 in the Aadhaar Enrolment Form on page number 1 and 2 refers to “NPR Number” and “NPR Receipt/TIN Number” and at states “Resident may bring his/her National Population Register Survey slip (if available) and fill up the column” number 2. The databases of both the numbers namely, UID/Aadhaar number and NPR number are being converged “as per approved strategy”.
I submit that there is no confusion as to why such agencies of US, France and China are eager to get hold of the biometric database of Indians. “Biometrics Design Standards for UID Applications” prepared by UIDAI’s Committee on Biometrics states in its recommendations that “Biometrics data are national assets and must be preserved in their original quality.”
I submit that the absolute faith of the previous government in biometric technology was based on a misplaced assumption that are parts of human body that does not age, wither and decay with the passage of time. Basic research on whether or not unique biological characteristics of human
beings is reliable under all circumstances of life is largely conspicuous by its absence in India and even elsewhere.

I submit that a report “Biometric Recognition: Challenges and Opportunities” of the National Research Council, USA published on 24 September 2010 concluded that the current state of biometrics is ‘inherently fallible’. That is also one of the findings of a five-year study. This study was jointly commissioned by the CIA, the US Department of Homeland Security and the Defence Advanced Research Projects Agency.
I submit that another study titled “Experimental Evidence of a Template Aging Effect in Iris Biometrics” supported by the Central Intelligence Agency (CIA), the Biometrics Task Force and the Technical Support Working Group through Army contract has demolished the widely accepted fact that iris biometric systems are not subject to a template aging effect. The study provides evidence of a template aging effect. A “template aging effect” is defined as an increase in the false reject rate with increased elapsed time between the enrollment image and the verification image. The study infers, “We find that a template aging effect does exist. We also consider controlling for factors such as difference in pupil dilation between compared images and the presence of contact lenses, and how these affect template aging, and we use two different algorithms to test our data.”
I wish to share details of a report “Biometrics: The Difference Engine: Dubious security” published by The Economist in its 1 October 2010 issue observed “Biometric identification can even invite violence. A motorist in Germany had a finger chopped off by thieves seeking to steal his exotic car, which used a fingerprint reader instead of a conventional door lock.”
I submit that they who supported Aadhaar and NPR displayed unscientific temper by implication. Dr. M Vijayanunni, Census Commissioner and Registrar General of India underlined on February 2, 2013 why China gave up a similar exercise on Rajya Sabha TV.
It is available on :https://www.youtube.com/watch?v=fpe37lkGDkQ

I submit that the unanimous decision of 17 judges of European Court of Human Rights dated December 4, 2008 ruled against the violation of the right to privacy and family life by biometric profile retention in databanks, they found that the “blanket and indiscriminate nature” of the power of retention of the fingerprints, cellular samples, and DNA profiles of persons suspected but not convicted of offenses, failed to strike a fair balance between competing public and private interests and ruled that the United Kingdom had “overstepped any acceptable margin of appreciation” in this regard. This decision is relevant for UPA Government’s UID, National Population Register (NPR), Human DNA Profiling and voice print through Radio Frequency Identification (RFID). The decision of the European Court of Human Rights is available at: http://www.bailii.org/eu/cases/ECHR/2008/1581.html

I submit that in India, NATGRID Chief Executive Officer, Capt Raghu Raman has proposed intervention of commercial czars and creation of private territorial armies in a a document titled "A Nation of Numb People".  It may be noted that ASSOCHAM, representing 3 lakh companies and KPMG, a Swiss consultancy have underlined the ramifications of UID number in their report titled "Homeland Security in India".. Union Ministry of Home Affairs, Annual Report, 2010 claims NATGRID will be started in
2011 after "approval from the competent authority (Union cabinet)". When Hard News, a news magazine asked Nilekani about the relationship of UID/Aadhaar Number, his response was "No comments". The link between aadhaar, NPR and NATGRID was part of the design. Therefore,
Government has taken the right step by deciding not to renew the contract of Raghu Raman, CEO of NATGRID.

I submit that the way census bodies are linking biometric information with identification of human being it seems a permanent Emergency architecture is unfolding where a citizen is transparent before the
all mighty Government so that Government, their servant can remain opaque to safe guard the interests of undemocratic and ungovernable social control technology companies.

I submit that the old maxim, 'If you have nothing to hide, you have nothing to fear' has been given a very public burial. Database State, a report from the United Kingdom states, 'In October 2007, Her Majesty's Revenue and Customs, lost two discs containing a copy of the entire child benefit database. Suddenly issues of privacy and data security were on the front page of most newspapers and leading the TV news bulletins. The millions of people affected by this data loss, who may have thought they had nothing to hide, were shown that they do have much to fear from the failures of the database state.' No one knows for sure whether it was lost or sold.

Citizens Forum for Civil Liberties (CFCL) has been pursuing a campaign against the biometric based Unique Identification (UID)/Aadhaar Number, National Population Register (NPR), National Intelligence Grid (NATGRID), National Counter Terrorism Centre (NCTC), Radio Frequency Identification (RFID) and Direct Cash Transfer since 2010. It had appeared before the Parliamentary Standing Committee on Finance that rejected the UID Bill on December 13, 2011 in its report to the Parliament. It was an applicant before the National Human Rights Commission (NHRC), which in an order date December 27, 2012 addressed to Secretary, Union Ministry of Home Affairs communicated human rights
concerns regarding UID and Radio Frequency Identification (RFID) submitted to it by CFCL. CFCL is an applicant before the Parliamentary Standing Committee on Subordinate Legislation regarding “Subordinate Legislation for Biometric Identity Card NRIC and Aadhhar/UID is illegal & illegitimate and Constitutional, Legal, Historical & Technological Reasons Against UID/Aadhaar Scheme on 18.3.2013.”
It may also be noted that Election Commission of India (ECI) has initiated efforts to make itself biometric ready by making itself subservient to UIDAI.  The new government should inform ECI about its
decision to scarp aadhaar and NPR at the earliest.
I submit that referring to the illegitimate advances of certain agencies trying to obtain the call records of Shri Arun Jaitley Union Minister of Finance, Corporate Affairs, Defence wrote, “This incident throws up another legitimate fear. We are now entering the era of the Adhaar number. The Government has recently made the existence of the Adhaar number as a condition precedent for undertaking several activities; from registering marriages to execution of property documents. Will those who encroach upon the affairs of others be able to get access to bank accounts and other important details by breaking into the system? If this ever becomes possible the consequences would be far messier.”

I submit that his reading about the adverse implications of the disease called biometric identification syndrome spread by automatic identification and intelligence companies through likes of Shri Nilekani is quite accurate.
I submit that Shri Jaitley’s comprehension is in sync with former intelligence contractor, Shri Edward Snowden’s disclosures. General Keith Alexander, as director of USA’s National Security Agency (NSA) had
instructed information gathering saying, "sniff it all, know it all, collect it all, process it all and exploit it all”. This came to light when Russia Today made available some crucial pieces of information which was edited out NBC News broadcasted interview of Shri Snowden on the night of May 28, 2014. Shri Snowden observed, “The problem with mass surveillance is that we’re piling more hay on a haystack we
already don’t understand.” This is what has been attempted by Shri Nilekani and people like Shri Sam Pitroda through Public Information Infrastructure and Innovations (PIII) who headed it in the rank of a
cabinet minister.
It must be noted that by Notification No. A-43011/02/2009-Adm.1 (Vol II) dated 02.07.2009 appointment of Shri Nilekani as Chairperson of UIDAI in the rank and status of a Cabinet Minister was approved for an initial tenure 5 years. On March 5, 2014, Lok Sabha election dates were announced. On 09.03.2014, Shri Nilekani officially joined Indian National Congress without resigning from the post of Chairman, UIDAI. He wrote a letter to the Prime Minister relinquishing the post of Chairman, UIDAI vide ref.no. Chairman / 34/2013-UIDAI on 13.03.2014 but his resignation as accepted on 18.03.2014 by the ‘competent authority’ in Planning Commission, Government of India vide Notification no. F.6 [2098]/2009-Adm.I, with retrospective effect from March 13, 2014.
I submit that Shri Nilekani has been caught red handed in violation of the Central Civil Services (Conduct) Rules 1964. Under Rule 5 of the Rules regarding “Taking part in politics and elections” reads: “No Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in
any other manner, any political movement or activity.” While implicitly and informally Shri Nilekani functioned as a member of the Indian National Congress from July 2, 2009 but between March 9, 2014
and March 18, 2014, he functioned totally illegally and illegitimately by throwing all norms to the dustbin with impunity so far.
I submit that in his book which was first published in 2008, Shri Nilekani is deeply worried because “zeroing in on a definite identity for each citizen particularly difficult, since each government
department works as a different turf and with different groups of people.” He argues that “Our databases are in these disconnected silos” and states that “NIUs would be databases that amass
information…” which will connect all these “disconnected silos”.
I submit that as Finance Minister Shri Pranab Mukherjee announced that India has “voluntarily sought a full-fledged Financial Sector Assessment Programme” from International Monetary Fund (IMF) and the
World Bank in January, 2011. This is similar to the voluntariness displayed in the drafting of Sixth Plan (1980-1985) after secret negotiations with the Bank.
I wish to draw your attention towards a chapter ‘Extended and Specialized Lending,’ in Silent Revolution The International Monetary Fund 1979–1989 by James M. Boughton published by IMF in October 2001,
it is   revealed that Congress Prime Minister Indira Gandhi “gave the go-ahead to enter into secret negotiations” with IMF, following which on November 25, 1980, Shri R.N. Malhotra, Secretary, Economic Affairs, Ministry of Finance “visited the Managing Director at the Fund to signal his country’s interest in obtaining a credit arrangement under the Extended Fund Facility (EFF) that offered the option of
longer-term credits. The first negotiating mission went to New Delhi in January 1981, led by Tun Thin, Director of the Asian Department.  The then Finance Minister, Shri R. Venkataraman, met with IMF’s
Managing Director in Washington and subsequently signed and submitted the Letter of Intent on September 28, 1981. Following the IMF’s approval for EFF, Indian National Congress led government faced massive criticism for subjecting itself to IMF’s conditionality.
I submit that in an exercise of sophistry, this Congress led government argued that “the EFF arrangement did not impose conditionality at all, because it was fully consistent with the
policies that were already incorporated in the Sixth Five-Year Plan” and after having internalized the conditionality imposed by IMF, Mrs Indira Gandhi informed the Parliament that “the arrangement does not force us to borrow, nor shall we borrow unless it is for the national interest. There is absolutely no question of our accepting any programme which is incompatible with our policy, declared and accepted
by Parliament. It is inconceivable that anybody should think that we would accept assistance from any external agency which dictates terms which are not in consonance with such policies.” This IMF publication unequivocally establishes that Mrs Indira Gandhi lied to the Parliament and misled the nation.

Based on perusal of official documents, I wish to take the opportunity to also submit that biometric aadhaar based Goods and Services Tax Network (GSTN) is being created with an ulterior motive to bring it under the financial sector surveillance program of the IMF, World Bank Group in continuation of the policies pursued since the days of Mrs Indira Gandhi. These policies have made India servile to the dictates of the Bank. GSTN helps the World Bank Group to make deeper inroads and erode the financial sovereignty of the country in complicity with the ministers of the Congress party.   The new
government must reverse this trend in national interest.
I submit that Foreign Policy magazine of the Washington Post Company listed Shri Nilekani, apparently a protégé of Shri Mukherjee as one of the Top 100 Global Thinkers in 2010. This was prior to disclosures
about invasion of privacy by intelligence agencies of USA and UK by monitoring emails, web searches, and telephone records. And the disclosures by Wikileaks about the keen interest of US administration
in the aadhaar project. It appears that Shri Nilekani undertook their task by collating biometric data of India. It is admitted his well wishers like the President of World Bank have volunteered his services
to other developing countries as well. This was done in April 2013 at World Bank in Washington.

I submit that in October 2012, in an interview with McKinsey & Company, Shri Nilekani said, “Our goal, our vision, is by 2014 to have at least half a billion people on the system, which will make it one
of the world’s largest online ID infrastructures. So that’s one metric of success. The second is we’d like to see two or three major applications that use this ID infrastructure. One of them is electronic benefit transfer, where governments will pay pensions, scholarships, or whatever entitlements by cash. And the third is [that] the mobile industry will use [the ID infrastructure] for verification”.  He added, “In the US, to me, the two big examples are the Internet, which was originally conceived as a defense project, and GPS. Again, it was a defense project. Both these things, though they began as [part of] a government defense infrastructure, today are the basis for huge innovation.” Shri Nilekani was/is aware that the substratum of the “world’s largest online ID infrastructures” is Internet which is in total control of US Government and US companies.
I wish to inform you that in reply to the RTI application for copies of contracts with foreign companies, UIDAI at last agreed to share the because "contractual obligation in respect of BSP (Biometric Solution
Provider) contracts has expired. Therefore, UIDAI has no objection in sharing the following contract details :- a) Copy of contract of UIDAI with M/s L1 Identity Solutions for Biometric Technology; and
b) Copy of contract of UIDAI with M/s Accenture for Biometric Technology"  After examining these documents I wrote to UIDAI submitting that with regard to the M/s Accenture for Biometric Technology, I noticed that the first 237 pages appear to be in order but after that there is a one pager titled Annexure J Technical Bid Technical Bid as submitted by M/s Accenture Services Pvt Ltd. The Technical Bid document is missing. After that there is a one pager titled Annexure K Commercial Bid as submitted by M/s Accenture Services Pvt Ltd. The Commercial Bid document is missing.
With regard to the M/s L1 Identity Solutions for Biometric Technology, I noticed that the first 236 pages appear to be in order but after that there is a one pager titled Annexure I Non-Disclosure Agreement
as submitted by M/s L1 Identity Solutions Operating Company Private Limited. But this document is missing. After that there is a one pager titled Annexure J Technical Bid as submitted by M/s L1 Identity
Solutions Operating Company Private Limited. The Technical Bid document is missing. After that there is a one pager titled Annexure K Commercial Bid as submitted by M/s L1 Identity Solutions Operating
Company Private Limited. The Commercial Bid document is missing. These very pages were missing from the contract agreement of Ernst and Young as well. Also its pagination was not in order.
I also wrote to CIC responding to their letter dated September 10, 2013 stating that their reasoning for sharing the document due to "contractual obligation in respect of BSP (Biometric Solution
Provider) contracts" having expired is flawed in the light of the previous judgment of Central Information Commission (CIC). Under the Right to Information (RTI) Act, the Public Information Officer (PIO) cannot deny information citing commercial confidence for agreements between a public authority and private party. While giving this judgment, CIC said “The claim of 'commercial confidence' in denying
access to agreements between private parties and the masters of the public authorities—citizens—runs counter to the principles of the Right to Information.
“Any agreement entered into by the government is an agreement deemed to have been entered into on behalf of and in the interest of ‘We the people’. Hence if any citizen wants to know the contents of such an agreement he is in the position of a principal asking his agent to disclose to him the terms of the agreement entered into by the agent on behalf of the principal. No agent can refuse to disclose any such
information to his principal,” the CIC said in its order dated 27 July 2009. An appeal for getting the missing pages has been filed by Col. Mathew Thomas and Qaneez Sukhrani who had filed the RTI applications, the former had asked me to appear on his behalf.
I submit that there is a need to examine the minutes of the admitted meeting between Mongo DB and UIDAI. It was evident from one of the RTI replies that UIDAI had given tasks to some company with whom it had no contract agreement. Its sounds like the R&D Centre of Bhopal which was operated by Union Carbide Corporation without permission based on "recognition"
I urge you to set up an inquiry commission to ascertain whether or not Internet that remains a defense project deeply allied with USA’s National Security Agency (NSA) is structurally linked to biometric
aadhaar, National Population Register (NPR), PIII and GSTN. It is not without reason that Shri Nilekani maintained a deafening silence amidst NSA’s surveillance on Indian ministers and officialdom.  In
such a backdrop, it does not seem strange that PMO under the previous regime has withheld the correspondence it had with Shri Nilekani all through his tenure. The commission must unearth the players who wish to create and function through a fiction of private company with public purpose and profit making as the motive but not profit maximizing called NIU like GSTN.
Kindly allow me to take the opportunity to submit that the Ministry of Defense must order a probe into the circumstances under which Admiral Nirmal Kumar Verma who as the Chief of the Naval Staff of Indian Navy, from 31 August 2009 to 31 August 2012 and as Chairman, Chiefs of Staff Committee got himself biometrically profiled on 18 August 2011 for aadhaar number. It must be examined whether he took the permission of Ministry of Defence before subjecting himself to the ignominy of being biometrically profiled. It is noteworthy that in November 2012, Admiral Verma was appointed as the High Commissioner to Canada. The probe must examine whether or not Admiral Verma’s biometric profile is available with Canada’s Communications Security Establishment Canada (CSEC), which is part of the intelligence sharing alliance comprising of US, UK, Australia, Canada, New Zealand and France. In a seemingly unrelated development, Shri Nilekani was awarded an honorary Doctor of Laws degree by the Rotman School of Management at the University of Toronto, Canada on 31 May 2011.

I submit that Shri Nilekani was given ID Limelight Award at the global summit on automatic identification ID WORLD International Congress, 2010 in Milan, Italy on November 16, 2010 wherein Safran Morpho
(Safran group) was a key sponsor of the ID Congress. Its subsidiary, Sagem Morpho Security Pvt Ltd has been awarded contract for the purchase of Biometric Authentication Devices on 2 February 2011 by the
UIDAI. Earlier, on 30 July 2010, in a joint press release, it was announced that “the Mahindra Satyam and Morpho led consortium has been selected as one of the key partners to implement and deliver the
Aadhaar program by UIDAI (Unique Identification Authority of India).” This means that at least two contracts have been awarded to the French conglomerate led consortium.  Is it a coincidence that Morpho (Safran group) sponsored the award to chairman, UIDAI and the former got a contract from the latter?

It is noteworthy that Shri Tariq Malik, the then Deputy Chairman of Pakistan’s National Database Registration Authority (NADRA) was given the ID Outstanding Achievement Award on November 3, 2009 in Milan at the eighth ID WORLD International Congress. In an interview, Shri Julian Assange, founder of WikiLeaks informed Imran Khan, a noted politician from Pakistan about the grave act of omission and commission. Shri Assange said, “…we discovered a cable in 2009 from the Islamabad Embassy. Prime minister Gilani and interior minister Malik went into the (US) embassy and offered to share National Database and Registration Authority (NADRA) – and NADRA is the national data and registration agency database. The system is currently connected through passport data but the government of Pakistan is adding voice and facial recognition capability and has installed a pilot biometric system as the Chennai border crossing, where 30,000 to 35,000 people cross each day. This NADRA system is the voting record system for all voters in Pakistan. A front company was set up in the United Kingdom – International Identity Services, which was hired as the consultants for NADRA to squirrel out the NADRA data
for all of Pakistan. What do you think about that? Is that a…? It seems to me that that is a theft of some national treasure of Pakistan, the entire Pakistani database registry of its people.”
It must be noted that NPR is being prepared by Shri C Chandramouli, census commissioner & registrar general of India, is meant to create resident identity cards is exactly like Pakistan’s version of biometric exercise for citizens’ identity card which was completed by NADRA, ministry of interior, Government of Pakistan and their database has been handed over to US Government.
I submit that Dr M Vijayanunni, former Census Commissioner and Registrar General of India underlined had explained reasons for China giving up a similar exercise on Rajya Sabha TV on 2 February 2013.

In view of the above, if previous government’s initiatives including are not reversed and the individuals involved are not held liable and accountable in an exemplary manner for their illegal and illegitimate conduct and creation of questionable institutional entities, it will set a very bad precedent for ever.
I will be happy to share documents and references which have been cited above.

Thanking You
Yours Sincerely
Gopal Krishna
Citizens Forum for Civil Liberties (CFCL)
Mb: 08227816731, 09818089660
E-mail:gopalkrishna1715@gmail.com
Web: www.toxicswatch.org

Monday, March 24, 2014

Supreme Court’s order exposes illegality of Biometric aadhaar, NPR and PII

Now opposition parties should promise destruction of database of biometric features created so far 

Promoters of Biometric aadhaar and NPR emerged as killers of privacy unlike heroes like Julian Assange, Edward Snowden and Bradley Manning

March 24, 2014 New Delhi: Hearing the Special Leave to Appeal (Criminal) No(s).2524/2014, which has been linked with the previous case Writ Petition (Civil)    494 of 2012, the Supreme Court bench of Dr. Justice B.S. Chauhan and Justice J. Chelameswar passed an order that exposes the illegality of the unscientific exercise of indiscriminate biometric data collection by Planning Commission's UIDAI, Home Ministry's Registrar General of India for Aadhaar number and National Population Register (NPR) and other government and private agencies.

Supreme Court has passed this order asking Government of India to delink all programs from biometric aadhaar. Non-Congress political parties have denounced biometric aadhaar as a case of fraud and a national betrayal. The same holds true for NPR.

Welcoming the order, Citizens Forum for Civil Liberties (CFCL) demands that the opposition parties should promise that new government after the Lok Sabha elections will destroy the illegal and illegitimate database of biometric features as has been done in UK and other countries.

Notably, even as data thieves and brokers are feeding memory of online companies, the dictum “Internet never forgets” faces challenge from legislatures in USA which are grappling with Do Not Track Me Online Act and European General Data Protection Regulation that includes right to be forgotten. The European Parliament passed the regulation on March 12, 2014. In the absence of any regulatory resistance, data mining mafia is on the prowl in India through aadhaar and NPR. The marriage of internet with biometric data consequents in the death of privacy and democratic rights.   
Biometric data itself has scientifically been proven to be 'inherently fallible' especially because of constant decay of biological material in human body. Global experience demonstrates that the trust in junk science of biometrics is misplaced. The stolen biometric passport of a passenger in the missing Malaysian airliner has exposed its claims for good.

The incident of two of the 239 passengers who were on the Malaysian airliner that disappeared on March 8, 2014 between Kuala Lumpur and Beijing having used stolen European passports based on biometric data including electronically stored fingerprints and facial images merits attention. It is this very biometric technology which is the basis of biometric unique identification (UID)/aadhaar number and National Population Register (NPR).

In post-independent India, except for the Emergency period never was privacy under such unprecedented assault. 

In the light of these developments there is a compelling need to explore the following questions:
1.         What is the technological basis of 12 digit unique identification (UID)/aadhaar number and NPR?
2.         What is the basis of the editorial claims like “privacy issues can be take care of once supporting legislation is in place” be considered defensible. Is this what is called putting the cart before the horse?

Is there a biological material in the human body that constitutes biometric data immortal, ageless and permanent? Besides working conditions, humidity, temperature and lighting conditions also impact the quality of biological material used for generating biometric data. Both aadhaar and NPR are based on the unscientific and questionable assumption that there are parts of human body likes fingerprint, iris, voice etc” that does not age, wither and decay with the passage of time.

In a RTI reply dated October 25, 2013, UIDAI shared its contract agreement with Ernst & Young states in a most startling disclosure from the contract agreement is its admission that “biometric systems are not 100 % accurate”. It admits that “uniqueness of the biometrics is still a postulate.” In an admission that pulverizes the very edifice on which UID/aadhaar and the NPR rests, it writes, “The loss in information due to limitations of the capture setup or physical conditions of the body, and due (to) the feature representation, there is a non-zero probability that two finger prints or IRIS prints coming from different individuals can be called a match.” 

This is underlined in bold letters in the contract agreement. In simple words, “non-zero probability that two finger prints or IRIS prints” turning out to be a match means that there is a probability that biometric data of two different individuals can be identical.

The contract agreement states, “the Unique ID will be a random 12-digit number with the basis for establishing uniqueness of identity being biometrics”. The agreement further states, “we will provide a Unique Identity to over 113.9 crore people.” This is evidently a fraudulent claim because UIDAI with which the agreement has been signed has mandate to provide Unique Identity to only 60 crore residents of India and not to 113.9 crore people. 

A report “Biometrics: The Difference Engine: Dubious security” published by The Economist in its 1 October 2010 issue observed “Biometric identification can even invite violence. A motorist in Germany had a finger chopped off by thieves seeking to steal his exotic car, which used a fingerprint reader instead of a conventional door lock.” This reveals the frightening ramifications of using biometrics as a basis for identification.
Another report “Biometric Recognition: Challenges and Opportunities” concluded that the current state of biometrics is ‘inherently fallible’. That is one of the findings of a five-year study was jointly commissioned by the CIA, the US Department of Homeland Security and the Defence Advanced Research Projects Agency.

As to privacy, in the contract agreement between the President of India for UIDAI, as purchaser and L-1 Identity Solutions Operating Company, and Accenture Services Pvt Ltd accessed through RTI at clause 15.1 it is stated, "By virtue of this Contract, M/s Accenture Services Pvt Ltd/Team of M/s Accenture Services Pvt Ltd may have access to personal information of the Purchaser and/or a third party or any resident of India, any other person covered within the ambit of any legislation as may be applicable."  The purchaser is President of India through UIDAI. The clause 15.3 of the agreements reads, "The Data shall be retained by Accenture Services Pvt Ltd not more than a period of 7 years as per Retention Policy of Government of India or any other policy that UIDAI may adopt in future."  This clearly implies that all the biometric data of Indians which has been collected so far is now available to US Government and French Government. 

In “Broken Promises of Privacy: Responding to the surprising failure of Anonymisation”, a 77 page long study by Paul Ohm Associate Professor at the University of Colorado Law School illustrates how central identity databases facilitate the reverse audit trail of personal information. This paper underlines that the assumption of robust anonymization of electronic identity has been blown up, “casting serious doubt on the power of anonymization, proving its theoretical limits…” 

Sam Pitroda’s public information infrastructure (PII) is tagging people, tagging places, tagging programmes etc to connect 2.50 lakh Panchayats all over the country. UID/aadhaar and NPR of Chandramouli are subsets of this program. Ever wondered as to why the votaries of privatization of every imaginable natural resource ‘for public welfare’ have become advocates of centralization of biological information of Indians ‘for public welfare.’ The rationale for the stateization of personal sensitive information of Indian residents and citizens appears dubious.

Not surprisingly, Government's own Draft Discussion Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner" unlike UIDAI, NPR and PII.

Human body came under assault as a result of forced vasectomy of thousands of men under the notorious family planning initiative of Sanjay Gandhi. Nilekani and his ilk have acted worse than Sanjay Gandhi in putting Indians’ body under the assault of biometric surveillance. 

Earlier it appeared strange as to how the aadhaar cases namely, Writ Petition (Civil)    494 of 2012 W.P(C) NO. 829 of 2013, W.P (C) NO. 932 of 2013, T.C.(C) NO. 152 of 2013, T.C. (C) NO. 151 of 2013, W.P (C) NO. 833 of 2013 and CONMT.PET. (C) NO.144/2014 IN W.P.(C) NO.494/2012 which were listed for hearing on 4th March, 2014 got knocked out from the priority list of hearing, after passing 14 orders and ongoing hearing in the case ahead of the Lok Sabha elections. 
Supreme Court’s previous 14 Orders in the aadhaar case are as under:

While whistleblowers like Julian Assange, Edward Snowden and Bradley Manning have joined the ranks of hall fame as the defenders of privacy as a basic human right, likes of Nandan Nilekani, C Chandramouli and Sam Pitroda have joined the hall of infamy with entities like National Security Agency as killers of privacy. The latter are admittedly in the business of ‘cloudifying’ databases that has the potential to turn governments into puppets at least as far as control over database is concerned.

For Details: Gopal Krishna, Member, Citizens Forum for Civil Liberties (CFCL), Mb: 9818089660, E-mail:gopalkrishna1715@gmail.com