It’s shocking to see the support that the government has. Many have congratulated the administration for “being firm” and “not bowing down.” As if being an arrogant, overbearing jerk somehow validates your worth. This adolescent prick waving by the government to show their strength only highlights its insecurity. By telling me that everything I say and write has to be monitored, it’s asking me to trust them completely. Is that even possible?

Body Scanners at Airports. Hey, if you have nothing to hide, why should you be ashamed huh?

It’s astounding how some people can criticize the government no end on one hand, and at the same time demonstrate a touching degree of faith in Big Brother. Hello split personality!

The Indian Supreme Court has ruled several times that privacy is a Constitutional Right in India. Now we’re expected to believe that giving it up and letting bureaucrats scan my life will bring me some sort of security. But will it? In reality, the chances of me being killed in a terror attack are fifty time lesser than being hit by lightning! So to prevent this miniscule number of deaths, the citizens of a free country are expected to give up their right to confidential communication? It’s absurd on the very face of it.

Moreover, we should remind ourselves of India’s nature. Freedom comes with risks. I’m willing to take the risk of dying in a terrorist attack if I’m allowed my civil liberties. I don’t want to hide away in closed rooms and have all my communications monitored. That’s not life worth living. And when we became independent in 1947, we decided to take that risk.

India isn’t a country for the feeble hearted. It’s not a place where you can be secure and get offended by every little thing. If you want foolproof security, go to another country. Some ultra nationalists claim that the Indian government had the right to demand concessions from BlackBerry because China and Saudi Arabia had them. What a comparison! What proud company we keep…

Let’s remember the quote of Benjamin Franklin. One that has been repeated very often these days and which is still ignored.

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

Is our government listening?

However, now that politicians themselves seem to have been subjected to privacy violations like phone tapping, there’s a big hue and cry in parliament. MPs would like to preserve their own privacy and since we obviously can’t have a law saying that only politicians are protected, they’re calling a for a law that covers everyone!

Phone tapping and privacy

The story is that the National Technical Research Organization was created after Kargil to take on terrorism. Turns out it was abusing its powers to tap into the phones of others including politicians. I’m very grateful that they chose politicians to pick on. At least that way our “leaders” will give a shit. To protect themselves from this, they’ll have to protect the rest of us as well.

L K Advani has called for a law to protect the privacy of Indian citizens. How fortuitous for us that he was tapped! I can only hope his demand will be taken seriously.

Incidentally this gives the lie to all who claimed that the Indian UID Number would not be abused. The lesson we must learn now is that when there is power, it will be abused given the chance. So we need proper checks and balances at the same time the power is given to any entity to preclude misuse. We shouldn’t have to wait until the abuse is exposed and then scramble to put the checks in place.

For once I’m glad that parliament is being help up. At least it’s over an important issue that needs urgent addressing. I would appreciate it if the opposition didn’t just walk out though. There must be a proper debate in the house over this point by point. Only then can the issue be thrashed out and a valid conclusion reached.

But what if I don’t want to get my iris scanned? Are they going to hold my head down and do it? Will I be put in jail for trying to keep my fingerprints to myself? Suppose tomorrow the government decides to take blood samples of everyone instead. Will my country force a syringe into me against my will?

Forced to give an iris scan?

These are important questions because let me state this clearly – I have no intention of willingly handing over any of my biometric data. My fingers and eyes are my own and no one has the right have records about them in a database. Not until I have a full understanding of what is going to happen with that data.

The world is watching. Following on the heels of Australians asking about the UID, a reporter from Agence France Presse (AFP) -  the oldest news agency in the world contacted me to find out more. I referred her to my friend in Delhi since I can’t go there myself. Other countries have tried this and failed due to privacy concerns, and we’re just sleepwalking into it!

The state doesn’t need to know everything, and the price of systematic abuse is too high. What can I do to stop this tide? The only thing I can do is to refuse to hand over my biometrics. And what will the government do then?

What about you? What will you do when they come for your fingerprints?

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The need for the interview was prompted by the national census which is also going to collect biometric details from each of us using 2.5 lakh staff.

Here’s the interview:

And here’s a partial transcript.

I am now an official representative of the Indian people regarding the UID…the voice of the plebs :D

Long ago, it was feared that the UID will be used for mass surveillance. Nilekani goes so far as to say that all hotels might be required to demand a UID from those who stay there – not for purposes of credit or to ensure payment, but simply so that the government will be able to keep track of who is where.

Image Credit: Aquila

Mass surveillance around the corner with the UID

The obvious question is, where will this stop? If hotels demand a UID before you can stay in them, will it be long before a theater asks for it before you can watch a movie? Even worse, can a policeman randomly stop you on the road and ask for it as well? This isn’t the same as being asked for  a driver’s license since not everyone should be allowed to drive if they’re not qualified. But asking for an ID “just to check up on you” is an invasion of privacy. However, since privacy is a legal right in India, I wonder how such procedures would stand up in court.

To assume that the government won’t become more and more intrusive if it has the ability is stupid. Whenever governments get too much power, disaster ensues. We can rest assured that slowly, bit by bit, the uses of this UID will continue to increase and become more and more pervasive if technologically feasible. Most of us still don’t realize how much the loss of privacy will hurt. They will learn once they do lose it. In that way, this whole experiment is a good thing. It’ll be painful, but it might just be the start of an experience that will teach us the value of what we take for granted in a free country like India.

It’s so silly I don’t know where to start. What are they going to do with the data? Suppose an organization has too few muslims, are they going to try and implement a quota? Or if there are too many muslims (proportionately speaking), will they accuse the organization of discriminating against hindus? I can already imagine crazy parties like the Shiv Sena swooping down and decimating a small business for employing too many muslims…

And of course, if the ultimate goal is to make religion irrelevant then monitoring it is the last thing you want to do. If the caste system still exists in India today, it is in large part due to the government putting its nose in where it shouldn’t. By highlighting caste, monitoring it and laying down separate rules, the government has ensured that the caste system will never die. And if they start monitoring religion in professional organizations, we can be sure that religion will start to play a bigger role in the workplace.

Image Credit: imNickle

Let the cube remain mixed!

When will the government learn to leave things alone? We don’t need more monitoring, we need less. Just keep an eye out for crimes, and unfair practices and let things sort themselves out. I’m going to quote yet again from the Tao Teh Ching here about how to govern:

The highest type of ruler is one of whose existence the people are barely aware.
Next comes one whom they love and praise.
Next comes one whom they fear.
Next comes one whom they despise and defy.

When you are lacking in faith, Others will be unfaithful to you.
The Sage is self-effacing and scanty of words.
When his task is accomplished and things have been completed,
All the people say, “We ourselves have achieved it!”

Tao Teh Ching – Ch. 17.

Kickass translation from John C. H Wu!

Perhaps the government should learn that things take their own sweet time to change. Contrary to popular opinion these days, Democracy works in India (with a little help from the judiciary). We’re doing just fine. Leave things be and don’t try and force change down people’s throat. It’s not going to work. Lucky the corporates are putting up a good fight against maintaining this sort of dossier. And rightly so. They don’t want to be accused of religious profiling. So here’s hoping this will never be finalized.

It turns out that we were right. Our home minister Chidambaram has admitted that the UID won’t be able to identify existing illegal immigrants. Even after handing out the cards, the UID will at most be a proof of residence and not citizenship. So what’s the real reason for the card? Why did the government have to cover up the purpose with the “stopping illegal immigrants” mantra?

Image Credit: patparslow

Do you need a number to tell you who you are?

The real reason is that the UID will act as a link between various government databases. As it stands right now, the government has little bits of info about us which are relevant to their department. For example, the tax department knows what it needs to know – namely your financial details and such. It doesn’t know about your health or education. Nor should it. In the same way, your health data (if maintained by the government and insurance companies) should not be linked to your tax status and finances.

Now suppose all the data from the various government departments is aggregated. Imagine you go to a hospital for treatment, it will be theoretically possible for the hospital to “determine” whether you’re financially sound by looking at your investments and refuse to treat you on that basis. Or suppose you go to enroll your kid in a school and using your UID, the school is able to recover your financial situation?

Or worse still, suppose a governmental officer asks you for a bribe after checking out how much you’ll be able to pay? The possibilities for abuse are simply endless.

The dangers of having data easily accessible in one place can only be mitigated by thorough privacy laws and technical measures. But we have no such comprehensive privacy laws (though Nilekani has said the country needs them). Moreover, this will be the largest identification database in the history of mankind. Smaller systems have been compromised till now. Do you trust the Indian babus to not abuse the power this database gives them? I certainly don’t.

What’s your opinion?

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It turns out that the handing over (Or fingering over? Wish we could really give them the finger :D ) of the prints will be mandatory and will have to be implemented wherever you have to hand over identification – such as banks, passport offices and ration card offices etc. Hopefully we’ll have to do it just once and be done with it.

So here’s what the plan is for these guys. All current identification cards will initially have their own ID numbers as is the case now, with the UID also being present. As time goes by, the other ID will be phased out and all that will remain will be the UID. The National Authority for Unique Identity (NAUI) and other institutions will then verify your identity when you visit say a bank by taking your fingerprints as well as your UID and query the database (sounds so Orwellian!) which will then either confirm or deny that you are….well you!

Image Credit: Mr Jaded

Fingerprints being collected for the UID

I’m paranoid enough to observe a sort of sinister progression of matters here. Initially we were told that other forms of identity would maintain their own IDs and now we’re told they’ll be phased out. We were told the UID would be voluntary with no card at all, and now we find that we have to give our fingerprints whenever we show our regular IDs and that the UID will be attached to other cards and not its own. Is the scope of this program going to expand even further?

I think it will. The temptation to use the UID in a more and more invasive manner will be too strong for the government to resist. Our only hope here is that Nilekani seems to be paying a good deal of attention to privacy related issues by consulting lawyers and other experts. Let’s hope it’s enough and he leaves enough power in the hands of the people without allowing the government to do whatever they want.

We need proper legislation to ensure that this scheme doesn’t go beyond its bounds and remains confined to a strict agenda only.

What do you think?

Our guys faced a lot of flack both internally and externally for refusing to disclose their whereabouts. Most said that they had no right to expect privacy when the sport was at stake. To their credit, they stood their ground. They said that the Constitution granted them the right to privacy and that they would demand it. Seeing India’s stand, players from other countries who had earlier meekly accepted this invasive clause began to back up India’s position – players from Australia, New Zealand, Sri Lanka, England, Bangladesh and South Africa.

WADA clause agrees to respect the Indian Constitution

And finally, the CEO of ICC today admitted that India’s Constitution did not allow the invasion of privacy and has decided to suspend the clause. Fantastic! Shows you what can be achieved when people stand up for their rights. No matter what anyone says, the Constitution is the Constitution and its word is final. People these days tend to treat it more as a piece of paper – saying that it’s not relevant, that it’s a “living document” (Short hand for “it can be ignored”), and that it must be taken with a pinch of salt when “other interests” are at stake.

This sort of wavering on the sanctity of our Constitution is shocking. There can never be and never will be any disagreement with the fundamental principles of the Constitution. Its word is law, and I say that those who don’t agree with it, either shut up or leave the country.

In a time when we’re surrounded by bad news, this is a big symbolic victory though it won’t affect any of us directly. It’s a sign that privacy matters, and that we have an inalienable right to it.

How do you feel?

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Consider the implications of having a child’s caste officially recorded in a database. It means that it’s unchangeable, and forever linked to them. In a country where it’s illegal to discriminate on the basis of caste, tracking caste details of children is ridiculous. When we’re trying to abolish something, giving it official sanction and putting it as a badge on an individual is hardly the most progressive step. Suppose a child doesn’t care what his or her caste is? But that’s not enough – apparently the government cares.

The Nazis used to number humans - are we just numbers?

According to the latest program, the details of the child’s school and complete health information will be updated till they’re 14 years of age. It seems the govt. doesn’t care if the child’s privacy is being violated. And when they’re too young to even know that it’s happening.

Just in case you’re thinking that people don’t have a right to privacy, think again. Privacy is a constitutional right in India – one that was just recently reiterated in the Delhi HC’s historic judgment on the decriminalization of homosexuality. I’ve come across people who propose that privacy can take a backseat in the “national interest.” Such logic is dangerous and is the kind of logic propounded by totalitarian governments who can deem anything to be in the national interest. Indeed, giving the government too much power is never a good idea.

Hopefully however, not all seems to be lost. Nilekani seems to be taking an interest in privacy related issues by consulting judges, lawyers and students from the National Law School of India (NLSIU) in Bangalore about how dignity violations can occur and privacy can be eroded by the UIN At the same time though, he seems to be open to the idea of selling UID data to corporates to monetize the scheme.

It’s going to be massively difficult to keep the government from making use of the UID to intrude on people’s privacy. Nilekani has no doubt given some thought to this matter, but has he given enough? That is the question. Unless people are confident that it will not be misused, ensuring mass adoption is going to be a very tough sell.

What do you think?

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