281 -Fight Against UIDAI And Other Illegal Projects - Techno Legal news and Views

Posted on October 18th 2010 by Gunjan Singh

Indian government, especially home ministry, is strongly in favour of an endemic e-surveillance society. Unconstitutional projects like unique identification project of India (UID project of India), Natgrid, CCTNS, etc are solely aimed at enhancing the e-surveillance capabilities of Indian government.

Some fabulous self defence methods have been suggested by Praveen Dalal against the increasing e-surveillance activities of Indian government. According to Praveen Dalal, Aadhar Project is unconstitutional and so is the unique identification authority of India (UIDAI). And so are projects like Natgrid, CCTNS, etc.

In the absence of judicial intervention and usurping of parliamentary powers by the executive, there is little we can expect from Indian government. In these circumstances, self help seems to be the best option.

Another good option is to oppose projects like Aadhar by not becoming a part of the same. Similarly, crucial details, including biometric details, must not be given to UIDAI. Till now Aadhar project and UIDAI have been big failures as none have come forward to become part of the same. All the Indian government and UIDAI could have done in this regard is imposing the same upon illiterate and poor people.

Another option is to file RTI applications against various government departments and ask for the rationale, legislations and expenditures incurred by UIDAI without any parliamentary sanctions. Do not just sit over it, fight for your rights and governmental excesses.

259 - Human Rights Protection In Indian Cyberspace - Techno Legal News

Posted on 6th October, 2010 by Baljeet Singh

In this Guest Column, Praveen Dalal has analysed the sardonic state of civil liberties in India. As a part of his Protecting Human Rights in Cyberspace initiative, he has started a series that would provide techno legal solutions against illegal and unconstitutional e-surveillance and privacy violations.

The crucial balance and equilibrium proposed by the founding fathers of Indian Constitution has been disturbed by the Executive branch of Indian Constitution. The Executive branch has totally hijacked the Parliamentary Role and is implementing Projects having “Constitutional Implications” without any “Parliamentary Approval”.

If Projects that violate the basic Human Rights and Civil Liberties like Right to Privacy are implemented without any Law and Parliamentary approval, the role of Parliament in Indian Constitution is highly debatable.

For instance, purely E-Surveillance Projects like Aadhar/UID Project, NATGRID, CCTNS, etc have far reaching and adverse consequences for the Fundamental Rights of Indians. Still the Executive did not find it fit to enact suitable laws and provide adequate safeguards against the same.

Further, “Unconstitutional Authorities” like the Unique Identification Authority of India (UIDAI), etc are also operating without any accountability, transparency and legal authority. Further, there is also no “Parliamentary Scrutiny” of these authorities.

With the passing of the Information Technology Amendment Act 2008 (IT Act 2008), the Cyber Law of India has been made an instrumentality of illegal, unaccountable and Unconstitutional e-surveillance in India. With massive phone taping and e-surveillance history of India, conferring such a power in the hands of Executive and its Agencies is really troublesome. In this scenario, only “Outlaws” would have Human Rights in Indian Cyberspace.

India also does not have any dedicated Privacy Law and Data Protection Law. With the proposed use of Cloud Computing and Software as a Service (SaaS) by Indian Government, more “Privacy Violations” issues would arise in future. This is more so when Indian Government cannot even curb the highly nuisance creating Telemarketing vice in India.

I firmly believe that Indian Government is not going to change its stand and we have to preserve and protect our Civil Liberties ourselves. That is why I dedicated a resource titled “Protecting Human Rights in Cyberspace” (PHRIC) to suggest “Techno-Legal Measure” in this regard.

Now with this series, I would discuss the available “Techno-Legal Measures” to defeat illegal and Unconstitutional e-surveillance by Governmental Authorities and Agencies as well as by Private Individuals. Of course, these measures are available against illegal and unconstitutional acts or omissions alone and are not available against “Lawful Interceptions” and other e-surveillance activities authorised by a proper Court of Law. A background articles for safeguarding against illegal eavesdropping and sniffing has already been provided by me and more in this regard would be discussed subsequently.

233 - Aadhar Project Is Unconstitutional Says Praveen Dalal -

Posted on 27th Sept 2010 by Gunjan Singh

Congress party of India is in a hurry to launch the illegal and unconstitutional projects like Aadhar/UID, Natgrid, CCTNS, etc. Till now it has become absolutely clear that the government does not care about public interest and public money any more.

According, to Praveen Dalal, even the constitution of India has been totally neglected by Congress government in its zest to impose unconstitutional projects like Aadhar. He further maintains that Congress government is taking anti national steps where neither the Judiciary nor the Parliament is challenging the same.

Civil liberties like right to privacy should not be taken as lightly as has been done by Congress government. There is neither a law for Aadhar project or unique identification authority of India (UIDAI) nor is there any sort of parliamentary scrutiny as envisaged by the Indian constitution, says Praveen Dalal.

The sole purpose of projects like Aadhar, Natgrid, CCTNS, etc is to supplement the already existing e-surveillance programs of Indian government. According to Praveen Dalal, even these e-surveillance norms are illegal and unconstitutional. The information technology amendment act 2008 (IT Act 2008), the cyber law of India, was the main instrumentality to gain the illegal and unconstitutional powers of e-surveillance and Internet censoring, says Praveen Dalal.

It is high time to say no to Aadhar project and similar projects before it is too late to react.

223 - Making Unconstitutional UIDAI Constitutional - Techno Legal News

Posted on 24th September 2010
by Catherine Fernandes

UIDAI is an acronym for unique identification authority of India but like techno legal civil liberty expert Praveen Dalal says it is more appropriate to call it unconstitutional identification authority of India. UIDAI is managed by Nandan Nilekani who is responsible for the successful implementation of Aadhar project of India or UID project of India.

According to Praveen Dalal both Aadhar project and UDIAI are unconstitutional project and authority. This is so even after the formulation of National Identification Authority of India Bill 2010 (NIDAI Bill 2010) by the UIDAI. In fact he has provided his inputs regarding the factors that make the UIDAI and Aadhar project illegal and unconstitutional.

Now the Union Cabinet is considering the NIDAI Bill 2010 and media reports believe that the Cabinet would give its formal approval to the Bill.

Aadhar project and UIDAI are unconstitutional and illegal even after the façade of NIDAI Bill 2010. According to Praveen Dalal “Human Rights in Indian cyberspace have already been outlawed by projects like Aadhar, Natgrid, CCTNS, etc. This is because these unconstitutional and illegal projects are neither supported by any legal framework nor are under the parliamentary scrutiny”.

It would be a mockery of constitution of India if the Union Cabinet approves the NIDAI Bill 2010 without and real and effective debate. The approval of NIDAI Bill 2010 should not be taken lightly especially if the same has far reaching consequences for privacy rights and civil liberties in India.

206 - SAY NO TO AADHAR PROJECT AND UIDAI by Pritesh N. Munjal

By Pritesh N Munjal
17th September 2010

Indians are very docile and they do not care what the government of India and its agencies can do to deprive them of their civil liberties and privacy rights. Take the example of the most obnoxious and nefarious project named Aadhar project or UID project of India. It is managed by unique identification authority of India (UIDAI), headed by Nandan Nilekani.

Techno legal civil liberty experts like Praveen Dalal have already expressed that Aadhar project is unconstitutional and illegal even after the façade of National Identification Authority of India Bill 2010. According to Dalal “Human Rights in Indian cyberspace have already been outlawed by projects like Aadhar, Natgrid, CCTNS, etc. This is because these unconstitutional and illegal projects are neither supported by any legal framework nor are under the parliamentary scrutiny”.

It is surprising why Indian citizens are not opposing to such mass scale and blatant e-surveillance exercise like Aadhar/UID project? With biometric details and all relevant details in the hands of Indian government and its agencies, the life of Indians is going to be a hell.

Further, in the absence of any privacy rights and other procedural safeguards, there would be no requirement at all to follow legal means of lawful interception and e-surveillance.

It is high time to say NO to Aadhar project as government of India is well committed to waste hard earned public money on worthless projects like Aadhar. We must oppose this project before it takes away our privacy and life from us.

154 - Indian Government Is Using The Façade Of False Promises - Techno Legal news and Views of Journalists

Indian Government Is Using The Façade Of False Promises
Techno Legal news and Views of Journalists
http://cjnews.noads.biz/?author=8

About two months ago the telecom security regulatory authority of India (TSRAI) was proposed to be formulated. However, the same proved to be just another noise without any action.

Just like promises to make privacy law in India and data protection law in India by unique identification authority of India (UIDAI) led by Nandan Nilekani and the constituted Group of Officers by Indian government, nothing concrete has happened till now.

It seems the Indian government is using the façade of false and empty promises to keep the genuine concerns off the bay. The promise of enacting a privacy law was made to keep at rest the objections raised against controversial and unconstitutional projects like national intelligence grid (Natgrid), crime and criminal tracking networks and systems (CCTNS), aadhar project/UID project, etc that are openly and blatantly violating the civil liberties of Indians.

The aadhar project of India or UID project of India is not governed by any law. Similarly, the UDIAI is not a legally constituted authority. In these circumstances both Aadhar project and UIDAI are “unconstitutional”.

The Parliament of India is not performing the role and duties assigned to it by the Constitution of India. In fact, it has totally abdicated its constitutional duties and delegated its authority of the Executive. This is a serious cause of concern.

119 - Right To Privacy Is An Alien Concept For India - Source C.J.News

Right To Privacy Is An Alien Concept For India
Posted on July 13, 2010 by Editor LNAV

Nothing is more frustrating when the Indian government says “do not expect privacy form us, we are Indians”. Instead of protecting the civil liberties of Indians, Indian government is adamant for defying and defeating them.

54 - E-Surveillance And Internet Censorship In India By Praveen Dalal - cjnews

E-Surveillance And Internet Censorship In India

By
Praveen Dalal
India has not enacted adequate safeguards against e-surveillance and Internet censorship activities by its government and its agencies. On the other hand, India has now officially become an e-police state. The sole cyber law of India is incorporated as Information Technology Act 2000 (IT Act 2000) that was amended by the Information Technology Amendment Act 2008 (IT Act 2008).
The IT Act 2008 although provided draconian, unreasonable and sweeping e-surveillance and Internet censorship powers to the agencies and instrumentalities of Indian government yet it deliberately restrained from prescribing any procedural safeguards to prevent their abuses.

Recently Google released the raw estimates of governmental requests regarding disclosure of information stored by it. No surprise India occupies third position for “removal request” and fourth spot for “data requests”.

India must immediately enact a suitable legislation to prevent growing incidence of e-surveillance. India also does not have dedicated and separate privacy laws and data protection law. This is why projects like Aadhar/UID project and Natgrid Projects are fatal for the civil liberties of Indians.

The government of India is not wiling to rectify the situation. In fact the situation is getting worst as now e-surveillance activities of India are supplemented with Internet censorship acts of governmental agencies. Any dissident who has raised a voice against Indian government must be aware of the brutal censorship of his online voices. You might have wondered why your online news and search results have disappeared suddenly without any reason or explanation. This is because known agencies like Cert-In and many unknown and unaccountable agencies are actively enageged in Internet censorship the moment they see any unpleasant topic at Internet.

There is also no whistleblower protection law in India. In these situations self help seems to be the obvious choice for law abiding and constitutionally protected citizens. As an additional step, if you are a law abiding citizen and you suspect that your online transactions and acts are under surveillance you can use the techno-legal recourses mentioned at the Human Rights platform. If you are a Google search fan, you must consider using its Google SSL service that would frustrate a sniffer’s attempts to violate your privacy.