[September 30-October 7] CCG’s Week in Review Curated News in Information Law and Policy

Posted on October 7, 2019 by Gunjan Chawla

Huawei finds support from Indian telcos in the 5G rollout as PayPal withdrew from Facebook’s Libra cryptocurrency project; Foreign Portfolio Investors moved MeitY against in the Data Protection Bill; the CJEU rules against Facebook in case relating to takedown of content globally; and Karnataka joins list of states considering implementing NRC to remove illegal immigrants – presenting this week’s most important developments in law, tech and national security.

Digital India

[Sep 30] Why the imminent global economic slowdown is a growth opportunity for Indian IT services firms, Tech Circle report.
[Sep 30] Norms tightened for IT items procurement for schools, The Hindu report.
[Oct 1] Govt runs full throttle towards AI, but tech giants want to upskill bureaucrats first, Analytics India Magazine report.
[Oct 3] – presenting this week’s most important developments in law, tech and national security. MeitY launches smart-board for effective monitoring of the key programmes, The Economic Times report.
[Oct 3] “Use human not artificial intelligence…” to keep a tab on illegal constructions: Court to Mumbai civic body, NDTV report.
[Oct 3] India took 3 big productivity leaps: Nilekani, Livemint report.
[Oct 4] MeitY to push for more sops to lure electronic makers, The Economic Times report; Inc42 report.
[Oct 4] Core philosophy of Digital India embedded in Gandhian values: Ravi Shankar Prasad, Financial Express report.
[Oct 4] How can India leverage its data footprint? Experts weigh in at the India Economic Summit, Quartz report.
[Oct 4] Indians think jobs would be easy to find despite automation: WEF, Tech Circle report.
[Oct 4] Telangana govt adopts new framework to use drones for last-mile delivery, The Economic Times report.
[Oct 5] Want to see ‘Assembled in India’ on an iPhone: Ravi Shankar Prasad, The Economic Times report.
[Oct 6] Home market gets attractive for India’s IT giants, The Economic Times report.

Internet Governance

[Oct 2] India Govt requests maximum social media content takedowns in the world, Inc42 report; Tech Circle report.
[Oct 3] Facebook can be forced to delete defamatory content worldwide, top EU court rules, Politico EU report.
[Oct 4] EU ruling may spell trouble for Facebook in India, The Economic Times report.
[Oct 4] TikTok, TikTok… the clock is ticking on the question whether ByteDance pays its content creators, ET Tech report.
[Oct 6] Why data localization triggers a heated debate, The Economic Times report.
[Oct 7] Sensitive Indian govt data must be stored locally, Outlook report.

Data Protection and Privacy

[Sep 30] FPIs move MeitY against data bill, seek exemption, ET markets report, Inc42 report; Financial Express report.
[Oct 1] United States: CCPA exception approved by California legislature, Mondaq.com report.
[Oct 1] Privacy is gone, what we need is regulation, says Infosys Kris Gopalakrishnana, News18 report.
[Oct 1] Europe’s top court says active consent is needed for tracking cookies, Tech Crunch report.
[Oct 3] Turkey fines Facebook $282,000 over data privacy breach, Deccan Herald report.

Free Speech

[Oct 1] Singapore’s ‘fake news’ law to come into force Wednesday, but rights group worry it could stifle free speech, The Japan Times report.
[Oct 2] Minister says Singapore’s fake news law is about ‘enabling’ free speech, CNBC report.
[Oct 3] Hong Kong protests: Authorities to announce face mask ban, BBC News report.
[Oct 3] ECHR: Holocaust denial is not protected free speech, ASIL brief.
[Oct 4] FIR against Mani Ratnam, Adoor and 47 others who wrote to Modi on communal violence, The News Minute report; Times Now report.
[Oct 5] UN asks Malaysia to repeal laws curbing freedom of speech, The New Indian Express report.
[Oct 6] When will our varsities get freedom of expression: PC, Deccan Herald report.
[Oct 6] UK Government to make university students sign contracts limiting speech and behavior, The Times report.
[Oct 7] FIR on Adoor and others condemned, The Telegraph report.

Aadhaar, Digital IDs

[Sep 30] Plea in SC seeking linking of social media accounts with Aadhaar to check fake news, The Economic Times report.
[Oct 1] Why another omnibus national ID card?, The Hindu Business Line report.
[Oct 2] ‘Kenyan court process better than SC’s approach to Aadhaar challenge’: V Anand, who testified against biometric project, LiveLaw report.
[Oct 3] Why Aadhaar is a stumbling block in Modi govt’s flagship maternity scheme, The Print report.
[Oct 4] Parliament panel to review Aadhaar authority functioning, data security, NDTV report.
[Oct 5] Could Aahdaar linking stop GST frauds?, Financial Express report.
[Oct 6] Call for liquor sale-Aadhaar linking, The New Indian Express report.

Digital Payments, Fintech

[Oct 7] Vision cash-lite: A billion UPI transactions is not enough, Financial Express report.

Cryptocurrencies

[Oct 1] US SEC fines crypto company Block.one for unregistered ICO, Medianama report.
[Oct 1] South Korean Court issues landmark decision on crypto exchange hacking, Coin Desk report.
[Oct 2] The world’s most used cryptocurrency isn’t bitcoin, ET Markets report.
[Oct 2] Offline transactions: the final frontier for global crypto adoption, Coin Telegraph report.
[Oct 3] Betting on bitcoin prices may soon be deemed illegal gambling, The Economist report.
[Oct 3] Japan’s financial regulator issues draft guidelines for funds investing in crypto, Coin Desk report.
[Oct 3] Hackers launch widespread botnet attack on crypto wallets using cheap Russian malware, Coin Desk report.
[Oct 4] State-backed crypto exchange in Venezuela launches new crypto debit cards, Decrypt report.
[Oct 4] PayPal withdraws from Facebook-led Libra crypto project, Coin Desk report.
[Oct 5] Russia regulates digital rights, advances other crypto-related bills, Bitcoin.com report.
[Oct 5] Hong Kong regulates crypto funds, Decrypt report.

Cybersecurity and Cybercrime

[Sep 30] Legit-looking iPhone lightening cables that hack you will be mass produced and sold, Vice report.
[Sep 30] Blackberry launches new cybersecurity development labs, Infosecurity Mgazine report.
[Oct 1] Cybersecurity experts warn that these 7 emerging technologies will make it easier for hackers to do their jobs, Business Insider report.
[Oct 1] US government confirms new aircraft cybersecurity move amid terrorism fears, Forbes report.
[Oct 2] ASEAN unites to fight back on cyber crime, GovInsider report; Asia One report.
[Oct 2] Adopting AI: the new cybersecurity playbook, TechRadar Pro report.
[Oct 4] US-UK Data Access Agreement, signed on Oct 3, is an executive agreement under the CLOUD Act, Medianama report.
[Oct 4] The lack of cybersecurity talent is ‘a national security threat,’ says DHS official, Tech Crunch report.
[Oct 4] Millions of Android phones are vulnerable to Israeli surveillance dealer attack, Forbes report; NDTV report.
[Oct 4] IoT devices, cloud solutions soft target for cybercriminals: Symantec, Tech Circle report.
[Oct 6] 7 cybersecurity threats that can sneak up on you, Wired report.
[Oct 6] No one could prevent another ‘WannaCry-style’ attack, says DHS official, Tech Crunch report.
[Oct 7] Indian firms rely more on automation for cybersecurity: Report, ET Tech report.

Cyberwarfare

[Oct 2] New ASEAN committee to implement norms for countries behaviour in cyberspace, CNA report.

Tech and National Security

[Sep 30] IAF ready for Balakot-type strike, says new chief Bhadauria, The Hindu report; Times of India report.
[Sep 30] Naval variant of LCA Tejas achieves another milestone during its test flight, Livemint report.
[Sep 30] SAAB wants to offer Gripen at half of Rafale cost, full tech transfer, The Print report.
[Sep 30] Rajnath harps on ‘second strike capability’, The Shillong Times report.
[Oct 1] EAM Jaishankar defends India’s S-400 missile system purchase from Russia as US sanctions threat, International Business Times report.
[Oct 1] SC for balance between liberty, national security, Hindustan Times report.
[Oct 2] Startups have it easy for defence deals up to Rs. 150 cr, ET Rise report, Swarajya Magazine report.
[Oct 3] Huawei-wary US puts more pressure on India, offers alternatives to data localization, The Economic Times report.
[Oct 4] India-Russia missile deal: What is CAATSA law and its implications?, Jagran Josh report.
[Oct 4] Army inducts Israeli ‘tank killers’ till DRDO develops new ones, Defence Aviation post report.
[Oct 4] China, Russia deepen technological ties, Defense One report.
[Oct 4] Will not be afraid of taking decisions for fear of attracting corruption complaints: Rajnath Singh, New Indian Express report.
[Oct 4] At conclave with naval chiefs of 10 countries, NSA Ajit Doval floats an idea, Hindustan Times report.
[Oct 6] Pathankot airbase to finally get enhanced security, The Economic Times report.
[Oct 6] rafale with Meteor and Scalp missiles will give India unrivalled combat capability: MBDA, The Economic Times report.
[Oct 7] India, Bangladesh sign MoU for setting up a coastal surveillance radar in Bangladesh, The Economic Times report; Decaan Herald report.
[Oct 7] Indian operated T-90 tanks to become Russian army’s main battle tank, EurAsian Times report.
[Oct 7] IAF’s Sukhois to get more advanced avionics, radar, Defence Aviation post report.

Tech and Law Enforcement

[Sep 30] TMC MP Mahua Mitra wants to be impleaded in the WhatsApp traceability case, Medianama report; The Economic Times report.
[Oct 1] Role of GIS and emerging technologies in crime detection and prevention, Geospatial World.net report.
[Oct 2] TRAI to take more time on OTT norms; lawful interception, security issue now in focus, The Economic Times report.
[Oct 2[ China invents super surveillance camera that can spot someone from a crowd of thousands, The Independent report.
[Oct 4] ‘Don’t introduce end-to-end encryption,’ UK, US and Australia ask Facebook in an open letter, Medianama report.
[Oct 4] Battling new-age cyber threats: Kerala Police leads the way, The Week report.
[Oct 7] India govt bid to WhatsApp decryption gets push as UK,US, Australia rally support, Entrackr report.

Tech and Elections

[Oct 1] WhatsApp was extensively exploited during 2019 elections in India: Report, Firstpost report.
[Oct 3] A national security problem without a parallel in American democracy, Defense One report.

Internal Security: J&K

[Sep 30] BDC polls across Jammu, Kashmir, Ladakh on Oct 24, The Economic Times report.
[Sep 30] India ‘invaded and occupied Kashmir, says Malaysian PM at UN General Assembly, The Hindu report.
[Sep 30] J&K police stations to have CCTV camera surveillance, News18 report.
[Oct 1] 5 judge Supreme court bench to hear multiple pleas on Article 370, Kashmir lockdown today, India Today report.
[Oct 1] India’s stand clear on Kashmir: won’t accept third-party mediation, India Today report.
[Oct 1] J&K directs officials to ensure all schools reopen by Thursday, NDTV report.
[Oct 2]] ‘Depressed, frightened’: Minors held in Kashmir crackdown, Al Jazeera report.
[Oct 3] J&K: When the counting of the dead came to a halt, The Hindu report.
[Oct 3] High schools open in Kashmir, students missing, The Economic Times report.
[Oct 3] Jaishanakar reiterates India’s claim over Pakistan-occupied Kashmir, The Hindu report.
[Oct 3] Normalcy prevails in Jammu and Kashmir, DD News report.
[Oct 3] Kashmiri leaders will be released one by one, India Today report.
[Oct 4] India slams Turkey, Malaysia remarks on J&K, The Hindu report.
[Oct 5] India’s clampdown hits Kashmir’s Silicon Valley, The Economic Times report.
[Oct 5] Traffic cop among 14 injured in grenade attack in South Kashmir, NDTV report; The Economic Times report.
[Oct 6] Kashmir situation normal, people happy with Article 370 abrogation: Prkash Javadekar, Times of India report.
[Oct 7] Kashmir residents say police forcibly taking over their homes for CRPF troops, Huffpost India report.

Internal Security: Northeast/ NRC

[Sep 30] Giving total control of Assam Rifles to MHA will adversely impact vigil: Army to Govt, The Economic Times report.
[Sep 30] NRC list impact: Assam’s foreigner tribunals to have 1,600 on contract, The Economic Times report.
[Sep 30] Assam NRC: Case against Wipro for rule violation, The Hindu report; News18 report; Scroll.in report.
[Sep 30] Hindu outfits demand NRC in Karnataka, Deccan Chronicle report; The Hindustan Times report.
[Oct 1] Centre extends AFPSA in three districts of Arunachal Pradesh for six months, ANI News report.
[Oct 1] Assam’s NRC: law schools launch legal aid clinic for excluded people, The Hindu report; Times of India report; The Wire report.
[Oct 1] Amit Shah in Kolkata: NRC to be implemented in West Bengal, infiltrators will be evicted, The Economic Times report.
[Oct 1] US Congress panel to focus on Kashmir, Assam, NRC in hearing on human rights in South Asia, News18 report.
[Oct 1] NRC must for national security; will be implemented: Amit Shah, The Hindu Business Line report.
[Oct 2] Bengali Hindu women not on NRC pin their hope on promise of another list, citizenship bill, The Print report.
[Oct 3] Citizenship Amendment Bill has become necessity for those left out of NRC: Assam BJP president Ranjeet Das, The Economic Times report.
[Oct 3] BJP govt in Karnataka mulling NRC to identify illegal migrants, The Economic Times report.
[Oct 3] Explained: Why Amit Shah wants to amend the Citizenship Act before undertaking countrywide NRC, The Indian Express report.
[Oct 4] Duplicating NPR, NRC to sharpen polarization: CPM, Deccan Herald report.
[Oct 5] We were told NRC India’s internal issue: Bangladesh, Livemint report.
[Oct 6] Prasanna calls NRC ‘unjust law’, The New Indian Express report.

National Security Institutions

[Sep 30] CRPF ‘denied’ ration cash: Govt must stop ‘second-class’ treatment. The Quint report.
[Oct 1] Army calls out ‘prejudiced’ foreign report on ‘torture’, refutes claim, Republic World report.
[Oct 2] India has no extraterritorial ambition, will fulfill regional and global security obligations: Bipin Rawat, The Economic Times report.

More on Huawei, 5G

[Sep 30] Norway open to Huawei supplying 5G equipment, Forbes report.
[Sep 30] Airtel deploys 100 hops of Huawei’s 5G technology, The Economic Times report.
[Oct 1] America’s answer to Huawei, Foreign Policy report; Tech Circle report.
[Oct 1] Huawei buys access to UK innovation with Oxford stake, Financial Times report.
[Oct 3] India to take bilateral approach on issues faced by other countries with China: Jaishankar, The Hindu report.
[Oct 4] Bharti Chairman Sunil Mittal says India should allow Huawei in 5G, The Economic Times report
[Oct 6] 5G rollout: Huawei finds support from telecom industry, Financial Express report.

Emerging Tech: AI, Facial Recognition

[Sep 30] Bengaluru set to roll out AI-based traffic solution at all signals, Entrackr report.
[Sep 1] AI is being used to diagnose disease and design new drugs, Forbes report.
[Oct 1] Only 10 jobs created for every 100 jobs taken away by AI, The Economic Times report.
[Oct 2]Emerging tech is helping companies grow revenues 2x: report, ET Tech report.
[Oct 2] Google using dubious tactics to target people with ‘darker skin’ in facial recognition project: sources, Daily News report.
[Oct 2] Three problems posed by deepfakes that technology won’t solve, MIT Technology Review report.
[Oct 3] Getting a new mobile number in China will involve a facial recognition test, Quartz report.
[Oct 4] Google contractors targeting homeless people, college students to collect their facial recognition data: Report, Medianama report.
[Oct 4] More jobs will be created than are lost from the IA revolution: WEF AI Head, Livemint report.
[Oct 6] IIT-Guwahati develops AI-based tool for electric vehicle motor, Livemint report.
[Oct 7] Even if China misuses AI tech, Satya Nadella thinks blocking China’s AI research is a bad idea, India Times report.

Big Tech

[Oct 3] Dial P for privacy: Google has three new features for users, Times of India report.

Opinions and Analyses

[Sep 26] Richard Stengel, Time, We’re in the middle of a global disinformation war. Here’s what we need to do to win.
[Sep 29] Ilker Koksal, Forbes, The shift toward decentralized finance: Why are financial firms turning to crypto?
[Sep 30] Nistula Hebbar, The Hindu, Govt. views grassroots development in Kashmir as biggest hope for peace.
[Sep 30] Simone McCarthy, South China Morning Post, Could China’s strict cyber controls gain international acceptance?
[Sep 30] Nele Achten, Lawfare blog, New UN Debate on cybersecurity in the context of international security.
[Sep 30[ Dexter Fergie, Defense One, How ‘national security’ took over America.
[Sep 30] Bonnie Girard, The Diplomat, A firsrhand account of Huawei’s PR drive.
[Oct 1] The Economic Times, Rafale: Past tense but furture perfect.
[Oct 1] Simon Chandler, Forbes, AI has become a tool for classifying and ranking people.
[Oct 2] Ajay Batra, Business World, Rethink India! – MMRCA, ESDM & Data Privacy Policy.
[Oct 2] Carisa Nietsche, National Interest, Why Europe won’t combat Huawei’s Trojan tech.
[Oct 3] Aruna Sharma, Financial Express, The digital way: growth with welfare.
[Oct 3] Alok Prasanna Kumar, Medianama, When it comes to Netflix, the Government of India has no chill.
[Oct 3] Fredrik Bussler, Forbes, Why we need crypto for good.
[Oct 3] Panos Mourdoukoutas, Forbes, India changed the game in Kashmir – Now what?
[Oct 3] Grant Wyeth, The Diplomat, The NRC and India’s unfinished partition.
[Oct 3] Zak Doffman, Forbes, Is Huawei’s worst Google nightmare coming true?
[Oct 4] Oren Yunger, Tech Crunch, Cybersecurity is a bubble, but it’s not ready to burst.
[Oct 4] Minakshi Buragohain, Indian Express, NRS: Supporters and opposers must engage each other with empathy.
[Oct 4] Frank Ready, Law.com, 27 countries agreed on ‘acceptable’ cyberspace behavior. Now comes the hard part.
[Oct 4] Samir Saran, World economic Forum (blog), 3 reasons why data is not the new oil and why this matters to India.
[Oct 4] Andrew Marantz, The New York Times, Free Speech is killing us.
[Oct 4] Financial Times editorial, ECJ ruling risks for freedom of speech online.
[Oct 4] George Kamis, GCN, Digital transformation requires a modern approach to cybersecurity.
[Oct 4] Naomi Xu Elegant and Grady McGregor, Fortune, Hong King’s mask ban pits anonymity against the surveillance state.
[Oct 4] Prashanth Parameswaran, The Diplomat, What’s behind the new US-ASEAN cyber dialogue?
[Oct 5] Huong Le Thu, The Strategist, Cybersecurity and geopolitics: why Southeast Asia is wary of a Huawei ban.
[Oct 5] Hannah Devlin, The Guardian, We are hurtling towards a surveillance state: the rise of facial recognition technology.
[Oct 5] PV Navaneethakrishnan, The Hindu Why no takers? (for ME/M.Tech programmes).
[Oct 6] Aakar Patel, Times of India blog, Cases against PC, letter-writing celebs show liberties are at risk.
[Oct 6] Suhasini Haidar, The Hindu, Explained: How ill purchases from Russia affect India-US ties?
[Oct 6] Sumit Chakraberty, Livemint, Evolution of business models in the era of privacy by design.
[Oct 6] Spy’s Eye, Outlook, Insider threat management.
[Oct 6] Roger Marshall, Deccan Herald, Big oil, Big Data and the shape of water.
[Oct 6] Neil Chatterjee, Fortune, The power grid is evolving. Cybersecurity must too.
[Oct 7] Scott W Pink, Modaq.com, EU: What is GDPR and CCPA and how does it impact blockchain?
[Oct 7] GN Devy, The Telegraph, Has India slid into an irreversible Talibanization of the mind?
[Oct 7] Susan Ariel Aaronson, South China Morning Post, The Trump administration’s approach to AI is not that smart: it’s about cooperation, not domination.

[September 23-30] CCG’s Week in Review: Curated News in Information Law and Policy

Posted on September 30, 2019 by Gunjan Chawla

The deadline to link PAN cards with Aadhaar was extended to December 31 this week; the Election Commission ruled that voting rights of those excluded in the NRC process remain unaffected; the Home Minister proposed a digital census with multipurpose ID cards for 2021; and 27 nations including the US, UK and Canada issued joint statement urging for a rules-based order in cyberspace – presenting this week’s most important developments in law, technology and national security.

Aadhaar and Digital IDs

[Sep 23] Home Minister announces digital census in 2021, proposed multipurpose ID card, Entrackr report; Business Today report.
[Sep 24] NRIs can now apply for Aadhaar on arrival without 182-day wait, The Economic Times report.
[Sep 24] Aadhaar will be linked to driving license to avoid forgery: Ravi Shankar Prasad, The Indian Express report.
[Sep 24] One nation, one card? Amit Shah floats idea of all-in-one ID; here are all the problems with that idea, Medianama report; Money Control report.
[Sep 24] Explained: Is India likely to have a multipurpose national ID card? The Indian Express report.
[Sep 24] UIDAI nod to ‘voluntary’ use of Aadhaar for National Population Register rollout, The Economic Times report.
[Sep 24] Govt must decide on Aadhaar-social media linkage:SC, Deccan Herald report.
[Sep 25] New law needed for Aadhaar-social media linkage: UIDAI, The Economic Times report; Inc42 report.
[Sep 26] NPR process to include passport, voter ID, Aadhaar and other details, Business Standard report.
[Sep 27] Gang involved in making fake Aadhaar cards busted, The Tribune report.
[Sep 27] What will happen if you don’t link your PAN card with Aadhaar by Sep 20, The Quint report.
[Sep 27] Explained: The National Population Register, and the controversy around it, The Indian Express report.
[Sep 27] Aadhaar to weed out bogus social security beneficiaries in Karnataka, Deccan Herald report.
[Sep 29] Bajrang Dal wants Aadhaar mandatory at dandiya to keep ‘non-Hindus’ out, The Hindustan Times report; The Wire report.
[Sep 30] Kerala urges Centre to extend deadline to link ration cards with Aadhaar, The News Minute report.
[Sep 30] PAN-Aadhaar linking deadline extended to December 31, The Economic Times report.

Digital India

[Sep 25] India’s regulatory approach should focus on the regulation of the ‘core’: IAMAI, Livemint report.
[Sep 27] India may have to offer sops to boost electronic manufacturing, ET Tech report; Inc42 report.
[Sep 27] Digital India, start-ups are priorities for $5 trillion economy: PM Modi, Medianama report.
[Sep 29] Tech giants aim to skill Indian govt officials in AI, cloud, ET CIO report.
[Sep 29] India’s share in IT, R&D biz up in 2 years: report, The Economic Times report.

Internet Governance

[Sep 24] Supreme Court to MeitY: What’s the status of intermediary guidelines? Tell us by Oct 15, Medianama report.
[Sep 26] Will not be ‘excessive’ with social media rules, ay Govt officials, Inc42 report.
[Sep 26] Government trying to balance privacy and security in draft IT intermediary norms, The Economic Times report.
[Sep 27] Citizens, tech companies served better with some regulation: Facebook India MD Ajit Mohan, ET Tech report; Inc42 report.
[Sep 27] Balance benefits of internet, data security: Google CEO Sundar Pichai, ET Tech report; Business Today report.

Free Speech

[Sep 25] Jadavpur University calls upon ‘stakeholders’ to ensure free speech on campus, The New Indian Express report.
[Sep 28] RSS raises objections to uncensored content of Maoj Bajpayee’s “The Family Man”, The Hindu report; Outlook report.

Privacy and Data Protection

[Sep 23] A landmark decision on Tuesday could radically reshape how Google’s search results work, Business Insider report.
[Sep 23] Google tightens its voice assistant rules amidst privacy backlash, Wired report.
[Sep 24] Dell rolls out new data protection storage appliances and capabilities, ZDNet report.
[Sep 24] ‘Right to be forgotten’ privacy rule is limited by Europe’s top court, The New York Times report; Live Law report.
[Sep 27] Nigeria launches investigation into Truecaller for potential breach of privacy, Medianama report.
[Sep 29] Right to be forgotten will be arduous as India frames data protection law, Business Standard report.
[Sep 30] FPIs move against data bill, seek exemption, ET Telecom report; Entrackr report.

Data Localisation

[Sep 26] Reconsider imposition of data localisation: IAMAI report, The Economic Times report.
[Sep 27] Why data is not oil: Here’s how India’s data localisation norms will hurt the economy, Inc42 report.

Digital Payments and Fintech

[Sep 23] RBI rider on credit bureau data access has Fintech in a quandary, ET Tech report.

Cryptocurrencies

[Sep 23] Facebook reveals Libra currency basket breakdown, Coin Desk report.
[Sep 23] The face of India’s crypto lobby readies for a clash, Ozy report.
[Sep 23] Why has Brazil’s Central Bank included crypto assets in trade balance? Coin Telegraph report.
[Sep 24] French retailers widening crypto acceptance, Tech Xplore report.
[Sep 26] Why crypto hoaxes are so successful, Quartz report.
[Sep 26] South Africa: the net frontier for crypto exchanges, Coin Telegraph report.
[Sep 27] The crypto wars’ strange bedfellows, Forbes report.
[Sep 28] Crypto industry is already preparing for Google’s ‘quantum supremacy’, Decrypt report.
[Sep 29] How crypto gambling is regulated around the world, Coin Telegraph report.

Tech and Law Enforcement

[Sep 29] New WhatsApp and Facebook Encryption ‘Backdoors’ – What’s really going on, Forbes report.
[Sep 28] Facebook, WhatsApp will have to share messages with UK Government, Bloomberg report.
[Sep 23] Secret FBI subpoenas scoop up personal data from scores of companies, The New York Times report.
[Sep 23] ‘Don’t transfer the WhatsApp traceability case’, Internet Freedom Foundation asks Supreme Court, Medianama report.
[Sep 24] China offers free subway rides to citizens who register their face with surveillance system, The Independent report.
[Sep 24] Facial recognition technology in public housing prompts backlash, The New York Times report.
[Sep 24] Facebook-Aadhaar linkage and WhatsApp traceability: Supreme Court says government must frame rules, CNBC TV18 report.
[ep 27] Fashion that counters surveillance cameras, Business Times report.
[Sep 27] Unnao rape case: Delhi court directs Apple to give Sengar’s location details on day of alleged rape, Medianama report.
[Sep 27] Face masks to decoy t-shirts: the rise of anti-surveillance fashion, Times of India report.
[Sep 30] Battle for privacy and encryption: WhatsApp and government head for a showdown on access to messages, ET Prime report.
[Sep 29] Improving digital evidence sharing, Scottish Government news report; Public technology report.

Internal Security: J&K

[Sep 23] Government launches internet facilitation centre in Pulwama for students, Times of India report; Business Standard report.
[Sep 23] Army chief rejects ‘clampdown’ in Jammu and Kashmir, Times of India report.
[Sep 24] Rising power: Why India has faced muted criticism over its Kashmir policy, Business Standard report.
[Sep 24] ‘Restore Article 370, 35A in Jammu and Kashmir, withdraw army, paramilitary forces’: 5-member women’s group will submit demands to Amit Shah, Firstpost report.
[Sep 24] No normalcy in Kashmir, says fact finding team, The Hindu report.
[Sep 25] End clampdown: Kashmir media, The Telegraph report.
[Sep 25] Resolve Kashmir issue through dialogue and not through collision: Erdogan, The Economic Times report.
[Sep 25] Rajya Sabha deputy chair thwarts Pakistan’s attempt at Kashmir at Eurasian Conference, The Economic Times report.
[Sep 25] Pakistan leader will urge UN intervention in Kashmir, The New York Times report.
[Sep 25] NSA Ajit Doval back in Srinagar to review security situation, The Hindustan Times report.
[Sep 27] Communication curbs add fresh challenge to Kashmir counter-insurgency operations, News18 report.
[Sep 27] Fresh restrictions in parts of Kashmir, The Hindu report.
[Sep 27] US wants ‘rapid’ easing of Kashmir restrictions, Times of India report.
[Sep 27] Kashmir issue: Rescind action on Art. 370, OIC tells India, The Hindu report.
[Sep 28] India objects to China’s reference to J&K and Ladakh at UNGA, The Economic Times report; The Hindu report.
[Sep 29] Surveillance, area domination operations intensified in Kashmir, The Economic Times report; Financial Express report.
[Sep 29] Police impose restrictions in J&K after Imran Khan’s speech at UNGA, India Today report.

Internal Security: NRC and the North-East

[Sep 23] Assam framing cyber security policy to secure data related to NRC, police, services, The Economic Times report; Money Control report.
[Sep 24] BJP will tell SC that we reject this NRC, says Himanta Biswa Sarma, Business Standard report.
[Sep 24] Amit Shah to speak on NRC, Citizenship Amendment Bill in Kolkata on Oct 1, The Economic Times report.
[Sep 26] ‘Expensive’ legal battle for those rejected in Assam NRC final list, The Economic Times report.
[Sep 27] Scared of NRC? Come back in 2022, The Telegraph report.
[Sep 27] Voters left out of NRC will have right to vote, rules Election Commission, India Today report; The Wire report.
[Sep 27] NRC: Assam government announces 200 Foreigners Tribunals in 33 districts, Times Now report; Times of India report.
[Sep 28] Judge urges new FT members to examine NRC claims with utmost care, Times of India report.

National Security Legislation

[Sep 23] Centre will reintroduce Citizenship Bill in Parliament: Himanta Biswa Sarma, The Hindu report.
[Sep 26] National Security Guard: History, Functions and Operations, Jagran Josh report.
[Sep 28] Left parties seek revocation of decision on Article 370, The Tribune India report.

Tech and National Security

[Sep 25] Army to start using Artificial Intelligence in 2-3 years: South Western Army commander, The Print report; India Today report; The New Indian Express report; Financial Express report.
[Sep 23] Modi, Trump set new course on terrorism, border security, The Hindu report.
[Sep 23] PM Modi in the US” Trump promises more defence deals with India, military trade to go up, Financial Express report.
[Sep 23] Punjab police bust terror module supplied with weapons by drones from Pak, NDTV report.
[Sep 26] Lockheed Martin to begin supplying F-16 wings from Hyderabad plant in 2020, Livemint report.
[Sep 26] Drones used for cross-border arms infiltration in Punjab a national security issues, says Randhawa, The Hindu report.
[Sep 27] UK MoD sets up cyber team for secure innovation, UK Authority report.
[Sep 29] New tri-services special ops division, meant for surgical strikes, finishes first exercise today, The Print report.
[Sep 30] After Saudi attacks, India developing anti-drone technology to counter drone menace, Eurasian Times report.

Tech and Elections

[Sep 20] Microsoft will offer free Windows 7 support for US election officials through 2020, Cyber Scoop report.
[Sep 26] Social media platforms to follow ‘code of ethics’ in all future elections: EC, The Economic Times report.
[Sep 28] Why is EC not making ‘authentic’ 2019 Lok Sabha results public? The Quint report.

Cybersecurity

[Sep 24] Androids and iPhones hacked with just one WhatsApp click – and Tibetans are under attack, Forbes report.
[Sep 25] Sharp questions can help board oversee cybersecurity, The Wall Street Journal report.
[Sep 25] What we know about CrowdStrike, the cybersecurity firm trump mentioned in Ukraine call, and its billionaire CEO, Forbes report.
[Sep 25] 36% smaller firms witnessed data breaches in 2019 globally, ET Rise report.
[Sep 28] Defence Construction Canada hit by cyber attack – corporation’s team trying to restore full IT capability, Ottawa Citizen report.
[Sep 29] Experts call for collective efforts to counter cyber threats, The New Indian Express report.
[Sep 29] Microsoft spots malware that turns PCs into zombie proxies, ET Telecom report.
[Sep 29] US steps up scrutiny of airplane cybersecurity, The Wall Street Journal report.

Cyberwarfare

[Sep 24] 27 countries sign cybersecurity pledge urging rules-based control over cyberspace in Joint Statement, with digs at China and Russia, CNN report; IT world Canada report; Meri Talk report.
[Sep 26] Cyber Peace Institute fills a critical need for cyber attack victims, Microsoft blog.
[Sep 29] Britain is ‘at war every day’ due to constant cyber attacks, Chief of the Defence Staff says, The Telegraph report.

Telecom and 5G

[Sep 27] Telcos’ IT investments intact, auto companies may slow pace: IBM exec, ET Tech report.
[Sep 29] Telecom players to lead digital transformation in India, BW Businessworld report.

More on Huawei

[Sep 22] Huawei confirms another nasty surprise for Mate 30 buyers, Forbes report.
[Sep 23] We’re on the same page with government on security: Huawei, The Economic Times report.
[Sep 24] The debate around 5G’s safety is getting in the way of science, Quartz report (paywall).
[Sep 24] Govt will take call on Huawei with national interest in mind: Telecom Secy, Business Standard report.
[Sep 24] Huawei enables 5G smart travel system at Beijing airport, Tech Radar report.
[Sep 25] Huawei 5G backdoor entry unproven, The Economic Times report.
[Sep 25] US prepares $1 bn fund to replace Huawei ban kit, Tech Radar report.
[Sep 26] Google releases large dataset of deepfakes for researchers, Medianama report.
[Sep 26] Huawei willing to license 5G technology to a US firm, The Hindu Business Line report; Business Standard report.
[Sep 26] Southeast Asia’s top phone carrier still open to Huawei 5G, Bloomberg report.
[Sep 29] Russia rolls out the red carpet for Huawei over 5G, The Economic Times report.

Emerging Tech and AI

[Sep 20] Google researchers have reportedly achieved “Quantum Supremacy”, Financial Times report; MIT Technology Review report.
[Sep 23] Artificial Intelligence revolution in healthcare in India: All we need to know, The Hindustan Times report.
[Sep 23] A new joystick for the brain-controlled vehicles of the future, Defense One report.
[Sep 24] Computing and AI: Humanistic Perspectives from MIT, MIT News report.
[Sep 24] Emerging technologies such as AI, 5G posing threats to privacy, says report, China Daily report.
[Sep 25] Alibaba unveils chip developed for artificial intelligence era, Financial Times report.
[Sep 26] Pentagon wants AI to interpret ‘strategic activity around the globe, Defense One report.
[Sep 27] Only 10 jobs created for every 100 jobs taken away by AI, ET Tech report.
[Sep 27] Experts say these emerging technologies should concern us, Business Insider report.
[Sep 27] What is on the horizon for export controls on ‘emerging technologies’? Industry comments may hold a clue, Modaq.com report.
[Sep 27] India can become world leader in artificial intelligence: Vishal Sikka, Money Control report.
[Sep 27] Elon Musk issues a terrifying prediction of ‘AI robot swarms’ and huge threat to mankind, The Daily Express (UK) report.
[Sep 27] Russia’s national AI Centre is taking shape, Defense One report.
[Sep 29] Explained: What is ‘quantum supremacy’, The Hindu report.
[Sep 29] Why are scientists so excited about a new quantum computing milestone?, Scroll.in report.
[Sep 29] Artificial Intelligence has a gender bias problem – just ask Siri, The Wire report.
[Sep 29] How AI is changing the landscape of digital marketing, Inc42 report.

Opinions and Analyses

[Sep 21] Wim Zijnenburg, Defense One, Time to Harden International Norms on Armed Drones.
[Sep 23] David Sanger and Julian Barnes, The New York Times, The urgent search for a cyber silver bullet against Iran.
[Sep 23] Neven Ahmad, PRIO Blog, The EU’s response to the drone age: A united sky.
[Sep 23] Bisajit Dhar and KS Chalapati Rao, The Wire, Why an India-US Free Trade Agreement would require New Delhi to reorient key policies.
[Sep 23] Filip Cotfas, Money Control, Five reasons why data loss prevention has to be taken seriously.
[Sep 23] NF Mendoza, Tech Republic, 10 policy principles needed for artificial intelligence.
[Sep 24] Ali Ahmed, News Click, Are Indian armed forces turning partisan? : The changing civil-military relationship needs monitoring.
[Sep 24] Editorial, Deccan Herald, A polity drunk on Aadhaar.
[Sep 24] Mike Loukides, Quartz, The biggest problem with social media has nothing to do with free speech.
[Sep 24] Ananth Padmanabhan, Medianama, Civilian Drones: Privacy challenges and potential resolution.
[Sep 24] Celine Herwijer and Dominic Kailash Nath Waughray, World Economic Forum, How technology can fast-track the global goals.
[Sep 24] S. Jaishankar, Financial Times, Changing the status of Jammu and Kashmir will benefit all of India.
[Sep 24] Editorial, Livemint, Aadhaar Mark 2.
[Sep 24] Vishal Chawla, Analytics India Magazine, AI in Defence: How Indi compares to US, China, Russia and South Korea.
[Sep 25] Craig Borysowich, IT Toolbox, Origin of Markets for Artificial Intelligence.
[Sep 25] Sudeep Chakravarti, Livemint, After Assam, NRC troubles may visit ‘sister’ Tripura.
[Sep 25] DH Kass, MSSP Blog, Cyber Warfare: New Rules of Engagement?
[Sep 25] Chris Roberts, Observer, How artificial intelligence could make nuclear war more likely.
[Sep 25] Ken Tola, Forbes, What is cybersecurity?
[Sep 25] William Dixon and Jamil Farshchi, World Economic Forum, AI is transforming cybercrime. Here’s how we can fight back.
[Sep 25] Patrick Tucker, Defense One, Big Tech bulks up its anti-extremism group. But will it do more than talk?
[Sep 26] Udbhav Tiwari, Huffpost India, Despite last year’s Aadhaar judgement, Indians have less privacy than ever.
[Sep 26] Sylvia Mishra, Medianama, India and the United States: The time has come to collaborate on commercial drones.
[Sep 26] Subimal Bhattacharjee, The Hindu Business Line, Data flows and our national security interests.
[Sep 26] Ram Sagar, Analytics India Magazine, Top countries that are betting big on AI-based surveillance.
[Sep 26] Patrick Tucker, Defense One, AI will tell future medics who lives and who dies on the battlefield.
[Sep 26] Karen Hao, MIT Technology Review, This is how AI bias really happens – and why it’s so hard to fix.
[Sep 27] AG Noorani, Frontline, Kashmir dispute: Domestic or world issue?
[Sep 27] Sishanta Talukdar, Frontline, Final NRC list: List of exclusion.
[Sep 27] Freddie Stuart, Open Democracy, How facial recognition technology is bringing surveillance capitalism to our streets.
[Sep 27] Paul de Havilland, Crypto Briefing, Did Bitcoin crash or dip? Crypto’s trajectory moving forward.
[Sep 28] John Naughton, The Guardian, Will advances in quantum computing affect internet security?
[Sep 28] Suhrith Parthasarathy, The Hindu, The top court and a grave of freedom.
[Sep 28] Kazim Rizvi, YourStory, Data Protection Authority: the cornerstone to implement data privacy.
[Sep 28] Shekhar Gupta, The Print, Modi has convinced the world that Kashmir is India’s internal affair – but they’re still watching.
[Sep 29] Indrani Bagchi, The Economic Times, Why india needs to tread carefully on Kashmir.
[Sep 29] Medha Dutta Yadav, The New Indian Express, Data: Brave new frontier.
[Sep 29] Jon Markman, Forbes, New cybersecurity companies have their heads in the cloud.
[Sep 29] Editorial, The New York Times, On cybersecurity: Two scoops of perspective.
[Sep 30] Kuldip Singh, The Quint, New IAF Chief’s appointment: Why RKS Bhadauria must tread lightly.
[Sep 30] Karishma Koshal, The Caravan, With the data-protection bill in limbo, these policies contravene the right to privacy.

[September 16-23] CCG’s Week in Review: Curated News in Information Law and Policy

Posted on September 23, 2019 by Gunjan Chawla

Cybersecurity experts warned of a new ‘SIM jacking’ threat, the Kerala High Court recognizes a right to access internet as the internet shutdown in Kashmir entered its 50^th day; more updates on the linkage of Aadhaar with voter IDs and social media as the Indian Army braces itself to adopt AI – presenting this week’s most important developments in law, tech and national security.

Aadhaar

[Sep 16] Here are the amendments the Election Commission wants to the Representation of the People Act for Aadhaar-Voter ID linkage, Medianama report.
[Sep 18] Why Maj. Gen. Vombatkere has challenged Aadhaar Amendment Act in the Supreme Court; On WhatsApp and traceability, Medianama report.
[Sep 19] Drop in Aadhaar enrolments in J&K, The Economic Times report.
[Sep 20] In-principle decision to link Aadhaar with GST registration, The Economic Times report.
[Sep 23] Aadhaar card is now mandatory for nominees of your EPF account, Livemint report.

Digital India

[Sep 18] Indo-US ICT working group to meet on Sept 30, Oct 1, Medianama report.
[Sep 17] NITI Aayog frames guidelines for automated inspection of vehicles, ET Auto report.
[Sep 17] What TikTok told MEITY about its intermediary status, data collection, and policies for children, Medianama report.
[Sep 18] Soon, lands will have Aadhaar-like unique numbers, The Economic Times report; Business Today report.
[Sep 18] Drones to be used to digitally map India: report, Medianama report.
[Sep 18] PMO panel to release policy to boost handset manufacturing in India: report, Medianama report.
[Sep 19] Karnataka to set up exclusive body to boost innovation, The Hindu report.
[Sep 20] ‘Right To Access Internet Is Part Of Right To Privacy And Right To Education’: Kerala HC, Live Law report; Hindu report; NDTV report.

Data Protection and Privacy

[Sep 15] Privacy debate between govt, Facebook continues; no winner yet, Money Control report.
[Sep 16] Singapore, Philippines sign MoU on personal data protection, The Manila Times report.
[Sep 16] Industry wants careful drafting of regulations on non-personal data, The Economic Times report.
[Sep 16] Here are the top three reasons why data protection is required in every business, Firstpost report.
[Sep 20] Sensitive, super-sensitive data must be stored locally in india: RS PRasad, Business Standard report.
[Sep 20] Yet another data leak in Indian government database, exoposes multiple citizen IDs, Inc42 report.
[Sep 22] Infosys co-founder Kris Gopalakrishnan to lead panel on protection of non-personal data, Financial Express report.

E-Commerce

[Sep 16] Odisha government makes e-marketplace mandatory for procurements, The New Indian Express report.
[Sep 16] US antitrust officials investigate Amazon’s marketplace practices, Medianama report.
[Sep 17] Ministry of COnsumer Affairs extends deadline for comments on draft E-Commerce Guidelines 2019 to October 31, Medianama report.

FinTech and Digital Payments

[Sep 16] WhatsApp to roll out its payment services by end of this year: report, Medianama report; The Economic Times report.
[Sep 18] RBI proposes norms to regulate payment gateways and payment aggregators, Entrackr report.
[Sep 19] Regulatory shock for fintech firms: RBI blocks unregulated access to consumer credit history, Entrackr report.
[Sep 19] DSCI, MeitY and Google India join hands for ‘Digital Payment Abhiyan’, The Economic Times report.

Cryptocurrencies

[Sep 16] The toss of a Bitcoin: How crypto ban will hurt 5 mn Indians, 20k Blockchain developers, The Economic Times report.
[Sep 16] US Sanctions three alleged crypto hacking groups from North Korea, Coin Desk report.
[Sep 16] Crypto firms assess how to comply with anti-money laundering standards, The Wall Street Journal report.
[Sep 19] Bitcoin and crypto wallets are now being targeted by malware, Forbes report.
[Sep 21] Weekends are for Altcoins when it comes to crypto market gains, ET Markets report.
[Sep 21] Chinese officials surprisingly chill on crypto, Decrypt report.

Cybersecurity

[Sep 13] Ransomware has a new target, Defense One report.
[Sep 16] Deep learning and machine learning to transform cybersecurity, Tech Wire Asia report.
[Sep 16] America needs a whole-of-society approach to cybersecurity. ‘Grand Challenges’ can help, Defense One report.
[Sep 17] Financial asset firm PCI ordered to pay $1.5 million for poor cybersecurity practices, ZD Net report.
[Sep 20] Current Act outdated, need to include cyber security in IT legal framework: DCA chief, The Indian Express report.
[Sep 20] 10% of IT budget should be used for cybersecurity: Rear Admiral Mohit Gupta, ET Times report.
[Sep 20] Once hacked, twice shy: How auto supplier Harman learned to fight cyber car jackers, ET Auto report.
[Sep 21] Cybersecurity a big opportunity for telcos, says IBM executive, The Economic Times report.
[Sep 23] Cybersecurity experts raise alarm over new SIM jacking threat, The New Indian Express report.
[Sep 23] Cybersecurity: Tackling the menace of phishing, Financial Express report.

Tech and Law Enforcement; Surveillance

[Sep 15] Facebook moots ‘prospective’ solution to WhatsApp issue; India stands firm on traceability, Business Today report; Livemint report.
[Sep 18] Chinese firms are driving the rise of AI surveillance across Africa, Quartz report.
[Sep 18] Documents reveal how Russia taps phone companies for surveillance, Tech Crunch report.
[Sep 20] WhatsApp traceability case petitioner asks court to remove Aadhaar from the plea, consider only ‘authorised govt proofs’, Medianama report; Inc42 report; Bar & Bench report.
[Sep 20] Chennai-based KPost says traceability is possible, wants to be impleaded in WhatsApp case, Medianama report.

Tech and National Security

[Sep 13] Pentagon’s former top hacker wants to inject some Silicon Valley into the defense industry, Defense One report.
[Sep 16] Here’s how startups are helping the Defence Ministry up its game, Money Control report.
[Sep 16] After 6 years in exile, Edward Snowden explains himself, Wired report.
[Sep 17] US tells Saudi Arabia oil attacks were launched from Iran, The Wall Street Journal report.
[Sep 17] Why Rafale jets may be inducted into IAF by next summer only, Livemint report.
[Sep 17] US Air Force to shift billions of dollars to network its weapons, Defense One report.
[Sep 18] India to achieve US$26 billion defence industry by 2025: Defence Minister, Business Standard report.
[Sep 18] Mitigating security risks from emerging technologies, Army Technology analysis.
[Sep 18] Revised draft defence procurement norms to be ready by November end, The Hindu report.
[Sep 20] The NSA is running a satellite hacking experiment, Defense One report.
[Sep 20] Army to host seminar on artificial intelligence next week; seeks to enhance lethality, The Economic Times report; India Today report; The New Indian Express report.
[Sep 20] Defence Procurement: Not a level playing field for private sector, PSUs still rule, Bharat Shakti report.
[Sep 20] Indian Air Force ‘accepts’ Rafale, formal hand over on Dussehra, Livemint report.
[Sep 22] Amid US-India blooming ties, Washington prepares to take down Indian air defence systems, EurAsian Times report.
[Sep 23] Government likely to order 36 more Rafale fighter jets, The Economic Times report.

Tech and Elections

[Sep 20] Social media companies raise concerns over Election Commission’s voluntary code of ethics, Medianama report.

Internal Security: J&K

[Sep 16] Supreme Court says normalcy to return to Kashmir but with national security in mind, India Today report.
[Sep 16] Farooq Abdullah booked under Public Safety Act, committee to decide duration of arrest: report, Financial Express report.
[Sep 17] Amnesty’s report on the (mis)use of Public Safety Act in J&K counters the govt’s narrative, Youth ki Awaaz report.
[Sep 18] China says Kashmir issue may not be a ‘major topic’ during Modi-Xi meet, Livemint report.
[Sep 19] In Pakistan-held Kashmir, growing calls for independence, The New York Times report.
[Sep 20] Kashmir residents say they are being charged by telcos despite no service, The Hindu report.
[Sep 20] UN Chief could discuss Kashmir issues at UNGA: UN spokesman, The Economic Times report.
[Sep 20] How military drones are becoming deadly weapons across the globe, The Economic Times report.
[Sep 22] Modi’s Digital India comes crashing down in Kashmir’s longest ever internet gag, The Wire report; The Hindu report.
[Sep 23] No clampdown in Kashmir, only communication line of terrorists stopped: Army Chief Bipin Rawat, India Today report.

Internal Security: NRC

[Sep 16] Those declared foreigners cannot file NRC appeal, say Assam govt, Hindustan Times report.
[Sep 18] NRC in Haryana, The Tribune report.
[Sep 18] NRC is an internal exercise, sovereign right of a country: EAM Jaishankar, Outlook report.
[Sep 18] Government will implement NRC across the country: Amit Shah, The Economic Times report.; Times of India report.
[Sep 21] NRC Officials issue public advisory against collection of identification documents, Guwahati Plus report.
[Sep 22] NRC-exluded Gurkhas not to approach foreigners’ Tribunals, seek empowered panel, The Hindu report; Times of India report.
[Sep 14] Final Assam NRC list, with 1.9 million exclusions, published online, Hindustan Times report.

National Security Law

[Sep 17] Pulwama to Aug 5: Delhi HC indicted govt for PSA arrests – in 80 pc cases, Financial Express report.
[Sep 16] What is the Public Safety Act under which Farooq Abdullah has been detained? News Nation report.
[Sep 16] 52 years on, still no sign of national defence university, The Times of India report.
[Sep 16] NSA Doval gets national security, foreign policy as PMO defines roles of top officials, The Asian Age report.

Big Tech

[Sep 15] Facebook VP Nick Clegg says India’s policies will decide the fate of the internet, Financial Express report.
[Sep 17] Facebook Establishes Structure and Governance for an Independent Oversight Board, Facebook Newsroom announcement; Medianama report.
[Sep 19] Facebook expands definition of terrorist organization to limit extremism, The New York Times report.
[Sep 22] Facebook is experimenting ith AI that lets you digitally get dressed, The Source report.
[Sep 23] Google braces for landmark global privacy ruling, Bloomberg report.

Telecom/5G

[Sep 16] 5G spectrum auction this year or in early 2020: Telecom Minister RS Prasad, Medianama report.
[Sep 20] TRAI opens consultation process for mergers and transfers in telecom sector, Medianama report.
[Sep 23] Indian masses have to wait 5-6 years to get true 5G experience, ET Telecom report.

More on Huawei

[Sep 17] Facing US ban, Huawei emerging as stronger tech competitor, The Hindu Business Line report, The Diplomat report.
[Sep 18] Huawei’s big test will be trying to sell a device with no Google apps outside China, Quartz report.
[Sep 18] Huawei users at risk as US blacklist cuts access to shared data on new cyber threats, Forbes report.
[Sep 20] Huawei makes sizeable 5G progress, bags 60 contracts: Ken Hu, The Economic Times report.
[Sep 21] Huawei unveils 5G training center in UK, ET Telecom report.

AI and Emerging Tech

[Sep 14] Artificial intelligence only goes so far in today’s economy, says MIT study, Forbes report.
[Sep 16] The US Govt will spend $1 bn on AI next year – not counting the Pentagon, Defense One report.
[Sep 18] Facial recognition systems to debut at Pune airport by 2020: report, Medianama report.
[Sep 18] AI stats news: AI is actively watching you in 75 countries, Forbes report.
[Sep 18] The Intel community ants to identify people from hundreds of yards away, Defense One report.
[Sep 19] Google setting up AI lab ‘Google Research India’ in Bengaluru, Entrackr report.
[Sep 20] India is planning a huge China-style facial recognition program, The Economic Times report.

Opinions and Analyses

[Sep 15] Nitin Pai, Livemint, The geopolitical profile of India tracks the economy’s trajectory.
[Sep 16] Paul Ravindranath, Tech Circle, Inclusion in technology is a compelling economic and business case.
[Sep 16] Markandey Katju, The Hindu, The litmus test for free speech.
[Sep 16] Vishal Chawla, Analytics India Magazine, What India can take away from Google’s settlement on employees’ freedom of expression.
[Sep 16] Editorial, Times of India, All talk: Fate of national defence university shows apathy towards defence modernisation.
[Sep 16] Jeff Hussey, Forbes, The gap between strong cybersecurity and demands for connectivity is getting massive.
[Sep 16] Kai Sedgwick, Bitcoin.com, How crypto became a gamblers paradise.
[Sep 17] Ajai Shukla, Business Standard, In picking strategic partners, the defence ministry isn’t spoilt for choice.
[Sep 17] Anthony Pfaff, Defense One, The Saudi-Oil attacks aren’t game changing. The Show how the Game has changed.
[Sep 17] Kayla Matthews, Security Boulevard, Who’s financially responsible for cybersecurity breaches?
[Sep 17] Anirudh Gotety, ET Markets, Check crypto trade, ban won’t help.
[Sep 17] PS Ahluwalia, Livemint, Rafale will add heft to IAF’s deterrence capabilities.
[Sep 17] Lorand Laksai, Privacy International, How China is supplying surveillance technology and training around the world.
[Sep 18] Tabish Khair, The Hindu, In Kashmir, shaking the apple tree.
[Sep 18] Catrin Nye, BBC News, Live facial recognition surveillance ‘must stop’ .
[Sep 18] Privacy International, the EU funds surveillance around the world: here’s what must be done about it.
[Sep 18] Joshua P Meltzer and Cameron F. Kerry, Brookings Institution, Cybersecurity and digital trade: Getting it right.
[Sep 19] Lt Gen HS Panag, The Print, Amit Shah’s political aim to recover PoK is not backed by India’s military capacity.
[Sep 20] Rifat Fareed, Al Jazeera, Farooq Abdullah’s arrest leaves India with few allies in Kashmir.
[Sep 22] Air Marshal (retd) M Matheswaran, Deccan Herald, Time for structural reforms, modernisation.

[September 2-9] CCG’s Week in Review: Curated News in Information Law and Policy

Posted on September 9, 2019 by Gunjan Chawla

This week, Delhi International Airport deployed facial recognition on a ‘trial basis’ for 3 months, landline communications were restored in Kashmir as the Government mulls over certification for online video streaming platforms like Netflix and PrimeVideo – presenting this week’s most important developments in law, tech and national security.

Aadhaar

[Sep 3] PAN will be issued automatically using Aadhaar for filing returns: CBDT, DD News report.
[Sep 3] BJD set to collect Aadhaar numbers of its members in Odisha, Opposition parties slam move, News 18 report; The New Indian Express report; Financial Express report.
[Sep 5] Aadhaar is secure, says ex-UIDAI chief, Times of India report.
[Sep 5] Passport-like Aadhaar centre opened in Chennai: Online appointment booking starts, Livemint report.
[Sep 8] Plans to link Janani Suraksha and Matra Vandan schemes with Aadhaar: CM Yogi Adityanath, Times of India report.

Digital India

[Sep 5] Digital media bodies welcome 26% FDI cap, Times of India report.
[Sep 6] Automation ‘not threat’ to India’s IT industry, ET Tech report.
[Sep 6] Tech Mahindra to modernise AT&T network systems, Tech Circle report.

Data Protection and Governance

[Sep 2] Health data comes under the purview of Data Protection Bill: IAMAI, Inc42 report.
[Sep 2] Credit history should not be viewed as sensitive data, say online lenders, Livemint report.
[Sep 3] MeitY may come up with policy on regulation of non-personal data, Medianama report.
[Sep 3] MeitY to work on a white paper to gain clarity on public data regulations, Inc42 report.
[Sep 6] Treating data as commons is more beneficial, says UN report, Medianama report.
[Sep 9] Indian Government may allow companies to sell non-personal data of its users, Inc42 report, The Economic Times report.
[Sep 9] Tech firms may be compelled to share public data of its users, ET Tech report.

Data Privacy and Breaches

[Sep 2] Chinese face-swap app Zao faces backlash over user data protection, KrAsia report; Medianama report.
[Sep 2] Study finds Big Data eliminates confidentiality in court judgments, Swiss Info report.
[Sep 4] YouTube will pay $170 million to settle claims it violated child privacy laws, CNBC report; FTC Press Release.
[Sep 4] Facebook will now let people opt-out of its face recognition feature, Medianama report.
[Sep 4] Mental health websites in Europe found sharing user data for ads, Tech Crunch report.
[Sep 5] A huge database of Facebook users’ phone numbers found online, Tech Crunch report.
[Sep 5] Twitter has temporarily disabled tweet to SMS feature, Medianama report.
[Sep 6] Fake apps a trap to track your device and crucial data, ET Tech report.
[Sep 6] 419 million Facebook users phone numbers leaked online, ET Tech report; Medianama report.
[Sep 9] Community social media platform, LocalCircles, highlights data misuse worries, The Economic Times report.

Free Speech

[Sep 7] Freedom of expression is not absolute: PCI Chairman, The Hindu report.
[Sep 7] Chennai: Another IAS officer resign over ‘freedom of expression’, Deccan Chronicle report.
[Sep 8] Justice Deepak Gupta: Law on sedition needs to be toned down if not abolished, The Wire report.

Online Content Regulation

[Sep 3] Government plans certification for Netflix, Amazon Prime, Other OTT Platforms, Inc42 report.
[Sep 4] Why Justice for Rights went to court, asking for online content to be regulated, Medianama report.
[Sep 4] Youtube claims new hate speech policy working, removals up 5x, Medianama report.
[Sep 6] MeitY may relax norms on content monitoring for social media firms, ET Tech report; Inc42 report; Entrackr report.

E-Commerce

[Sep 4] Offline retailers accuse Amazon and Flipkart of deep discounting, predatory pricing and undercutting, Medianama report; Entrackr report.
[Sep 6] Companies rely on digital certification startups to foolproof customer identity, ET Tech report.

Digital Payments and FinTech

[Sep 3] A sweeping reset is in the works to bring India in line with fintech’s rise, The Economic Times report.
[Sep 3] Insurance and lending companies in agro sector should use drones to reduce credit an insurance risks: DEA’s report on fintech, Medianama report.
[Sep 3] Panel recommends regulating fintech startups, RBI extends KYC deadline for e-wallet companies, TechCircle report.
[Sep 4] NABARD can use AI and ML to create credit scoring registry: Finance Ministry report on FinTech, Medianama report.
[Sep 5] RBI denies action against Paytm Payments bank over PIL allegation, Entrackr report.
[Sep 5] UPI entities may face market share cap, ET Tech report.
[Sep 6] NBFC license makes fintech startups opt for lending, ET Tech report.
[Sep 9] Ease access to credit history: Fintech firms, ET Markets report.

Cryptocurrencies

[Sep 1] Facebook hires lobbyists to boost crypto-friendly regulations in Washington, Yahoo Finance report.
[Sep 2] US Congress urged to regulate crypto under Bank Secrecy Act, Coin Telegraph report.
[Sep 2] Indian exchanges innovate as calls for positive crypto regulation escalate, Bitcoin.com report.
[Sep 4] Marshall Islands official explains national crypto with fixed supply, Coin Telegraph report.
[Sep 5] Apple thinks cryptocurrency has “long-term potential”, Quartz report.
[Sep 5] NSA reportedly developing quantum-resistant ‘crypto’, Coin Desk report.
[Sep 6] Crypto stablecoins may face bottleneck, ET Markets report.

Cybersecurity

[Sep 3] Google’s Android suffers sustained attacks by anti-Ugihur hackers, Forbes report.
[Sep 4] Firefox will not block third-party tracking and cryptomining by default for all users, Medianama report.
[Sep 4] Insurance companies are fueling ransomware attacks, Defense One report.
[Sep 5] Firms facing shortage of skilled workforce in cybersecurity: Infosys Research, The Economic Times report.
[Sep 5] Cybersecurity a boardroom imperative in almost 50% of global firms: Survey, Outlook report; ANI report.
[Sep 5] DoD unveils new cybersecurity certification model for contractors, Federal News Network report.
[Sep 5] Jigsaw Academy launches cybersecurity certification programme in India, DQ India report.
[Sep 6] Indians lead the world as Facebook Big Bug Hunters, ET Tech report.
[Sep 6] Australia is getting a new cybersecurity strategy, ZD Net report.
[Sep 9] China’s 5G, industrial internet roll-outs to fuel more demand for cybersecurity, South China Morning Post report.

Tech and National Security

[Sep 3] Apache copters to be inducted today, The Pioneer report.
[Sep 3] How AI will predict Chinese and Russian moves in the Pacific, Defense One report.
[Sep 3] US testing autonomous border-patrol drones, Defense One report.
[Sep 3] Meet the coalition pushing for ‘Cyber Peace’ rules. Defense One report.
[Sep 4] US wargames to try out concepts for fighting China, Russia, defense One report.
[Sep 4] Southern Command hosts seminar on security challenges, Times of India report; The Indian Express report.
[Sep 4] Russia, already India’s biggest arms supplier, in line for more, Business Standard report.
[Sep 4] Pentagon, NSA prepare to train AI-powered cyber defenses, Defense One report.
[Sep 5] Cabinet clears procurement of Akash missile system at Rs. 5500 crore, Times Now report.
[Sep 5] India to go ahead with $3.1 billion US del for maritime patrol aircraft, The Economic Times report.
[Sep 5] DGCA certifies ‘small’ category drone for complying with ‘No-Permission, No-Takeoff’ protocol, Medianama report.
[Sep 5] India has never been aggressor but will not hesitate in using its strength to defend itseld: Rajnath Singh, The Economic Times report.
[Sep 5] Panel reviewing procurement policy framework to come out with new versions of DPP, DPM by March 2020, The Economic Times report; Business Standard report; Deccan Herald report.
[Sep 5] Russia proposes joint development of submarines with India, The Hindu report.
[Sep 7] Proud of you: India tells ISRO after contact lost with CHandrayaan-2 lander, India Today report.

Tech and Elections

[Sep 4] ECI asks social media firms to follow voluntary code of ethics ahead of state polls: report, Medianama report.
[Sep 6] Congress party to reorganise its data analytics department, Medianama report.
[Sep 5] Why the 2020 campaigns are still soft targets for hackers, Defense One report.
[Sep 5] Facebook meets with FBI to discuss election security, Bloomberg report.
[Sep 5] Facebook is making its own AI deepfakes to head off a disinformation disaster, MIT Tech Review report.

Internal Security: J&K

[Sep 4] Long convoy, intel failure: Multiple lapses led to Pulwama terror attack, finds CRPF inquiry, India Today report; Kashmir Media Service report; The Wire report.
[Sep 4] Extension of President’s Rule in Kashmir was not delayed, MHA says in report to SC lawyer’s article, Scroll.in report.
[Sep 6] Landline communication restored in Kashmir Valley: Report, Medianama report.
[Sep 7] Kashmir’s Shia areas face curbs, all Muharram processions banned, The Quint report.
[Sep 7] No question of army atrocities in Kashmir as it’s only fighting terrorists: NSA Ajit Doval, India Today report.
[Sep 8] More than 200 militants trying to cross into Kashmir from Pakistan: Ajit Doval, Money Control report.
[Sep 8] ‘Such unilateral actions are futile’, says India after Pakistan blocks airspace for President Kovind, Scroll.in report; NDTV report.

Internal Security: NRC

[Sep 2] Contradictory voices in Assam Congress son NRC: Tarun Gogoi slams it as waste paper, party MP says historic document, India Today report.
[Sep 3] Why Amit Shah is silent on NRC, India Today report.
[Sep 7] AFSPA extended for 6 months in Assam, Deccan Herald report.
[Sep 7] At RSS mega meet, concerns over Hindus being left out of NRC: Sources, Financial Express report.

National Security Institutions and Legislation

[Sep 5] Azhar, Saeed, Dawood declared terrorists under UAPA law, Deccan Herald report; The Economic Times report.
[Sep 8] Home Minister says India’s national security apparatus more robust than ever, Livemint report.
[Sep 8] Financial safety not national security reason for women to join BSF: Study, India Today report.

Telecom/5G

[Sep 6] Security is an issue in 5G: NCSC Pant on Huawei, Times of India report.

More on Huawei

[Sep 1] Huawei believes banning it from 5G will make countries insecure, ZD Net report.
[Sep 2] Huawei upbeat on AI strategy for India, no word on 5G roll-out plans yet, Business Standard report.
[Sep 3] Huawei denies US allegations of technology theft, NDTV Gadgets 260 report; Business Insider report; The Economic Times report.
[Sep 3] Shocking Huawei ‘Extortion and Cyberattack’ allegations in new US legal fight, Forbes report; Livemint report, BBC News report; The Verge report.
[Sep 3] Committed to providing the most advanced products: Huawei, ET Telecom report.
[Sep 4] Huawei says 5G rollout in India will be delayed by 3 years if it’s banned, Livemint report
[Sep 4] Trump not interested in talking Huawei with China, Tech Circle report.
[Sep 5] Nepal’s only billionaire enlists Huawei to transform country’s elections, Financial Times report.
[Sep 8] Trump gets shocking new Huawei warning – from Microsoft, Forbes report.

Emerging Tech

[Aug 30] Facebook is building an AI Assistant Inside Minecraft, Forbes report.
[Sep 3] AWS partners with IIT KGP for much needed push to India’s AI skilling, Inc42 report.
[Sep 3] Behind the Rise of China’s facial recognition giants, Wired report.
[Sep 4] Facebook won’t use facial recognition on you unless you tell it to, Quartz report.
[Sep 4] An AI app that turns you into a movie star has risked the privacy of millions, MIT Technology Review report.
[Sep 6] Police use f facial recognition is accepted by British Court, The New York Times report.
[Sep 6] Facebook, Microsoft announce challenge to detect deepfakes, Medianama report.
[Sep 6] Facial recognition tech to debut at Delhi airport’s T3 terminal; on ‘trial basis’ for next three months, Medianama report.

Internet Shutdowns

[Sep 3] After more than 10 weeks, internet services in towns of Rakhine and Chin restored, Medianama report.
[Sep 4] Bangladesh bans mobile phone services in Rohingya camps, Medianama report.

Opinions and Analyses

[Sep 2] Michael J Casey, Coin Desk, A crypto fix for a broken international monetary system.
[Sep 2] Yengkhom Jilangamba, News18 Opinion, Not a solution to immigration problem, NRC final list has only brought to surface fault lines within society.
[Sep 2] Samuel Bendett, Defense One, What Russian Chatbots Think About Us.
[Sep 2] Shivani Singh, Hindustan Times, India’s no first use policy is a legacy that must be preserved.
[Sep 3] Abir Roy, Financial Express, Why a comprehensive law is needed for data protection.
[Sep 3] Dhirendra Kumar, The Economic Times, Aadhaar is back for mutual fund investments.
[Sep 3] Ashley Feng, Defense One, Welcome to the new phase of US-China tech competition.
[Sep 3] Nesrine Malik, The Guardian, The myth of the free speech crisis.
[Sep 3] Tom Wheeler and David Simpson, Brookings Institution, Why 5G requires new approaches to cybersecurity.
[Sep 3] Karen Roby, Tech Republic, Why cybersecurity is a big problem for small businesses.
[Sep 4] Wendy McElroy, Bitcoin.com, Crypto needs less regulation, not more.
[Sep 4] Natascha Gerlack and Elisabeth Macher, Modaq.com, US CLOUD Act’s potential impact on the GDPR.
[Sep 4] Peter Kafka, Vox, The US Government isn’t ready to regulate the internet. Today’s Google fine shows why.
[Sep 5] Murtaza Bhatia, Firstpost, Effective cybersecurity can help in accelerating business transformation.
[Sep 5] MG Devasahayam, The Tribune, Looking into human rights violations by Army.
[Sep 5] James Hadley, Forbes, Cybersecurity Frameworks: Not just for bits and bytes, but flesh and blood too.
[Sep 5] MR Subramani, Swarajya Magazine, Question at heart of TN’s ‘WhatsApp traceability case’: Are you endangering national security if you don’t link your social media account with Aadhaar?
[ Sep 5] Justin Sherman, Wired, Cold War Analogies are Warping Tech Policy.
[Sep 6] Nishtha Gautam, The Quint, Peer pressure, militant threats enforcing civil curfew in Kashmir?
[Sep 6] Harsh V Pant and Kartik Bommakanti, Foreign Policy, Modi reimagines the Indian military.
[Sep 6] Shuman Rana, Business Standard, Free speech in the crosshairs.
[Sep 6] David Gokhshtein, Forbes, Thoughts on American Crypto Regulation: Considering the Pros and Cons.
[Sep 6] Krishan Pratap Singh, NDTV Opinion, How to read Modi Government’s stand on Kashmir.
[Sep 7] MK Bhadrakumar, Mainstream Weekly, The Big Five on Kashmir.
[Sep 7] Greg Ness, Security Boulevard, The Digital Cyber Security Paradox.
[Sep 8] Lt. Gen. DS Hoods, Times of India, Here’s how to take forward the national security strategy.
[Sep 8] Smita Aggarwal, Livemint, India’s unique public digital platforms to further inclusion, empowerment.

CCG’s Week in Review: Curated News in Information Law and Policy [August 26-September 2]

Posted on September 2, 2019 by Gunjan Chawla

MeitY sought views on ‘non-personal data’; India and France announce joint research consortium on AI and digital partnership after NSA-level talks; Section 144 CrPC imposed in areas of Assam anticipating unrest after the publication of the NRC list as the MHA holds a high-level security meet on Kashmir; and the tussle between MeitY and the Niti Aayog for control over the Rs. 7000 cr AI project continues – presenting this week’s most important developments at the intersection of law and tech.

Aadhaar

[Aug 27] Aadhaar integration can weed out fake voters: UIDAI’s Ajay Bhushan Pandey, Business Standard report.
[Aug 27] Government to intensify Aadhaar enrolment in J&K after Oct 31: Report, Medianama report; Times Now report; The Quint report
[Aug 27] Interview: Why I filed a case to link Aadhaar and Social Media Accounts, The Quint report.
[Aug 27] Aadhaar database cannot be hacked even after a billion attempts: Ravi shankar Prasad, Money Control report.
[Aug 27] Most dangerous situation: Justice Srikrishna on EC-Aadhaar linking, The Quint report.
[Aug 28] Aadhaar ads to women’s problems in India. Here’s why. The Wire report.
[Aug 28] What Centre will tell Supreme Court on Aadhaar and social media account linkage, The Hindustan Time report.
[Aug 28] All residents of an MP village have the same date of birth on their Aadhaar, Business Standard report.
[Aug 29] Blood banks advised to ask for donors’ Aadhaar cards, Times of India report.
[Aug 29] Aadhaar continues to evolve and grow as India issues biometric seafarers’ ID, Biometric Update report.
[Aug 31] Aadhaar mandatory for farmers to avail crop loan in Odisha, Odisha Sun Times report.
[Sep 1] NRIs to get Aadhaar sans 180-day wait in 3 months, The Hindu report.
[Sep 1] Aadhaar-liquor link to check bottle littering? Deccan Herald report.
[Sep 1] Linking Aadhaar with social media can lead to insidious profiling of people, says Apar Gupta, Times of India report.

Digital India

[Aug 27] NASSCOM-DSCI on National Health Stack: separate regulatory body for health, siloed registries, usage of single ID, Medianama report.
[Aug 27] Govt looks to develop electronics component manufacturing base in India: MeitY Secretary, YourStory report; Money Control report.
[Aug 30] India is encouraging foreign firms to shift biz from China: report, Medianama report; Reuters report.
[Aug 30] Wipro, Google to speed up digital shift of enterprises, ET Telecom report.
[Aug 30] Government committed to reach public via technology, Times of India report.
[Aug 31] MeitY and Google tie up to Build for Digital India, Livemint report; India TV report; ANI report; The Statesman report; Inc42 report.
[Sep 1] Govt is setting up high-tech R&D facilities for India Inc to encourage big-bang projects, ET Tech report.
[Sep 1] Digitalisation is now forcing NASSCOM to reinvent itself, ET Tech report.

Free Speech

[Aug 26] IAS Officer who quit over ‘losing freedom of expression’ was facing disciplinary action for misconduct, Swarajya Magazine report.
[Aug 27] Withdraw media curbs in Kashmir, The Hindu report.
[Aug 27] EU data caught in Facebook audio transcribing, Politico report.
[Aug 30] BJP issues gag order on Pragya Thakur after ‘black magic’ remark post Arun Jaitley’s death. News 18 report.
[Aug 31] Chargesheet filed against ex-Union Minister Salman Khurshid over remark in UP CM Yogi Adityanath, India Today report.
[Aug 31] Rafale deal: Rahul Gandhi summoned by Mumbai court for calling Narendra Modi ‘commander-in-thief’, Scroll.in report.
[Aug 31] Media freedom being curbed, says Mamata, The Hindu report.
[Sep 1] Madurai man booked for Facebook post against Centre, Army, Times of India report.

Internet Shutdowns

[Aug 26] Internet suspended in Indonesia’s Papua region for ‘ security and order’ amid protests, Medianama report.
[Aug 29] Months after pledge to open internet, Ethiopia disrupts connectivity amidst communal violence, Global Voices report.

Data Protection and Privacy

[Aug 27] Government’s approach to data is dangerous, says Justice Srikrishna, Medianama report.
[Aug 27] Microsoft’s lead EU data watchdog is looking into fresh Windows 10 privacy concerns, Tech Crunch report.
[Aug 30] This Week in Tech: Facebook’s privacy pivot (business model not included), The New York Times report.
[Aug 31] MeitY seeks views on non-personal data, ET Tech report.
[Aug 31] Google to pay out $150-200m over YouTube privacy claims: reports, The Hindu report.
[Sep 2] Let data protection Bill deal with personal health data, says IAMAI, Business Standard report.

Intermediary Liability

[Aug 27] Government notices and issue in TikTok’s ShareChat notices: To ask TikTok how its intermediary status is consistent with claims on owning content, ET Telecom report; Inc42 report.

E-Commerce

[Aug 27] Thailand to tax e-commerce companies from next year, Medianama report.
[Aug 27] NRAI sends notices to Swiggy, Zomato, others on deep discounting, lack of transparency, Tech Circle report.
[Aug 29] MeitY may not include E-commerce data in privacy bill, The Economic Times report; Medianama report; Inc42 report.
[Aug 29] 30% local sourcing FDI rule on single brand retailers relaxed, physical stores before online sales not necessary, Medianama report.
[Aug 29] Amazon moves Supreme Court against direct selling companies: Report, Medianama report; The Economic Times report.
[Aug 30] India big enough for both e-commerce and small retailers: Rajiv umar, ET Tech report.
[Aug 30] Zomato, Swiggy and NRAI discuss issues, to meet again in September, Medianama report.
[Aug 30] DPIIT asks e-commerce firms to upload FDI compliance certifications, Medianama report.
[Aug 31] Why restaurants and aggregators are locking horns over discounts, ET Tech report.
[Aug 31] CAIT slams Amazon in public discussion over deep discounting, Entrackr report.
[Aug 31] E-marketplaces giving preferential treatment to come: Sellers, ET Tech report.
[Sep 2] Swiggy likely to cap restaurant commissions at 25%, ET Tech report.

Digital Payments and FinTech

[Aug 30] Another extension for e-wallets: RBI gives 6 months to complete KYC, Entrackr report.
[Sep 2] Banks may take 3 years for tech merger, ET Tech report.

Cryptocurrencies

[Aug 25] IRS sends new round of letter to Bitcoin and Crypto holders, Coin Telegraph report.
[Aug 26] 25]year old Bitcoin seller faces life sentence for unlicensed exchange, Coin Desk report.
[Aug 26] Telegram’s 300 million users could soon be trading Bitcoin and Crypto- Despite serious security warning, Forbes report.
[Aug 28] Crypto-jacking virus infects 850,000 serves, hackers run off with millions, Coin Desk report.
[Aug 30] UN Official: Crypto makes policing child trafficking ‘exceptionally difficult’, Coin Desk report.
[Aug 30] How do we get crypto currency to circulate as money? This experiment might hold the answer, The Print report.
[Aug 30] Privacy in Crypto: The Impact of Rising Terrorism Concerns, Forbes report.
[Aug 28] Telegram to release its cryptocurrency by October 31, Medianama report; ET Markets report.

Tech and Law Enforcement

[Aug 26] End-to-end encryption not essential to WhatsApp as a platform: Tamil Nadu Advocate General, Medianama report.
[Aug 27] WhatsApp traceability vulnerable to falsification, claims IFF expert submission, Firstpost report; Medianama report.
[Aug 31] A new kind of cybercrimes uses AI and your voice against you, Quartz report.

Tech and National Security

[Aug 26] Russia to supply critical components of Gaganyaan, Free Press Journal report.
[Aug 26] CAG report on offset deal in Rafale contract to be tabled in Winter Session: Report, News Nation report.
[Aug 27] Gaganyaan Mission: Russia to train four Indian astronauts from November, DNA India report.
[Aug 27] Centre inks Rs 380 cr deal with private firm for nine precision approach radars, DNA India report.
[Aug 27] Navy needs “assured” budget support to build capacity: CHief, The Economic Times report; The Indian Express report; Outlook India report.
[Aug 27] ITI Nagpur students to learn to assemble Rafale jets, The Economic Times report.
[Aug 27] Incentivise pvt sector for defence production: Brookings, Outlook India report.
[Aug 28] Amazon and Microsoft unchallenged in $10bn ‘Jedi’ contract review, Financial Times report.
[Aug 28] India’s HAL deepens private sector engagement through Make-II initiative, Jane’s 360 report.
[Aug 29] NSA-level meet today, France keen to sell second batch of 36 Rafales, The Indian Express report; Financial Express report; ANI News report.
[Aug 30] Russia set to offer submarines during Modi-Putin summit, Defence Aviation Post report.
[Aug 30] India must be prepared to face any threat: Vice President Venkaiah Naidu, The New Indian Express report.
[Aug 31] US to use fake social media to check on people entering the country, India Today report.

Cybersecurity

[Aug 26] Ransomware threat raises National Guard’s role in state cybersecurity in the United States, Statescoop report.
[Aug 26] The Pentagon wants to bolster Defense Innovation Unit’s Cyber defenses, Nextgov report.
[Aug 27] The importance of training: Cybersecurity awareness as a firewall, Forbes report.
[Aug 28] Why cybersecurity is a central ingredient in evolving digital business models, Financial Express report.
[Aug 28] Cyber security and the finance sector: the need for stronger data protection capabilities, Security Boulevard report.
[Aug 28] India to unveil cybersecurity strategy policy early next year, Financial Express report; Inc42 report.
[Aug 28] Face it – Biometrics to be big in cybersecurity, Forbes report.
[Aug 28] MHA has taken various measures to counter cyber threat: MoS Kishan Reddy, United News of India report.
[Aug 30] Google says hackers have put ‘monitoring implants’ in iPhones for years, The Guardian report; DW report.
[Aug 30] Employee errors responsible for half of cybersecurity incidents: report, The Hindustan Times report.
[Aug 30] Despite changes by Microsoft, Windows 10 might still be remotely spying on you, Digital Trends report.
[Aug 30] Only 5-10% pharma firms have cybersecurity: Expert, Times of India report.

Internal Security: J&K

[Aug 27] Kashmir updates: UN Chief urges all parties to avoid escalation, India Today report.
[Aug 27] Kashmir: MHA to hold high level security meet; SC will hear Faesal and Shehla Rashid, The Week report.
[Aug 29] There is only fear and no ‘freedom’ in the Northeast and J&K, The Wire report.
[Aug 29] ‘Feel unsafe at home’: J&K residents accuse security forces of raiding houses, arresting ‘innocent’ Kashmiri youth under Public Safety Act, Firstpost report.
[Aug 30] Jammu and Kashmir: Rumours fly thick but slow in absence of communication, The Economic Times report.
[Aug 30] Army Chief to review security in J&K today, his first visit after Art 370 repeal, The Hindustan Times report.
[Aug 31] Mobile services restored partially in Kashmir’s Kupwara district, ET Telecom report.

Internal Security: North East and the NRC

[Aug 29] Security measures tightened in Assam, Sec 144 CrPC in Guwahati ahead of final NRC, India Today report.
[Aug 30] Assam police declare 14 districts as sensitive areas, Times of India report.
[Aug 30] How the National Citizenship Registration in Assam is shaping a new national identity in India, The Conversation report.
[Aug 30] NRC not to solve foreigner problem: Himanta Biswa Sarma, Deccan herald report.
[Aug 31] No Aadhaar from elsewhere for those excluded from NRC, ET Tech report.
[Aug 31] Assam on edge a day before publication of NRC, India Today report.
[Sep 1] Assam BJP, Opposition unhappy with updated NRC, India Today report.
[Sep 1] Assam NRC final list: Centre in no hurry for follow-up, The Hindu report.
[Sep 1] Happy to know how many are doubtful citizens, says AIUDF, The Telegraph report.
[Sep 1] Indian citizens register excludes 1.9m Assam residents, Financial Times report.

Telecom/5G

[Aug 26] India will not compromise on security of telecom networks: Dhotre, ET Telecom report.
[Aug 27] 5G spectrum sale may be deferred to early 2020, ET Telecom report.
[Aug 27] Govt invites bids to select agency for conducting spectrum auction, ET Telecom report.
[Aug 28] Reliance Jio records highest telecom revenue market share in Q1FY20, Medianama report.
[Aug 31] Govt focusing on improved telecom connectivity in NE, ET Telecom report.
[Aug 28] 3G network to shut by December, 5G adoption not expected, Phonepe, Paytm and more, Medianama report.

More on Huawei

[Aug 26] 5G trials: China aggression will work against Huawei, say India officials, India Express report.
[Aug 27] New Huawei OS Shock: ‘Confirmation’ of Russian Software for mobile devices, Forbes report; Reuters report.
[Aug 27] Huawei: UK to make 5G decision ‘by the autumn’, BBC News report.
[Aug 29] Huawei’s next flagship phone blocked from using Google apps, The Guardian report.
[Aug 30] Huawei under probe by US prosecutors over new allegations, ET Telecom report; Business Standard report.
[Sep 1] Huawei just launched 5G in Russia with Putin’s Support: ‘Hello Splinternet’, Forbes report.

Emerging Tech and AI

[Aug 27] Niti Aayog, MeitY spar over Rs. 7,000 crore AI mission, ET Telecom report; Inc42 report; Entrackr report.
[Aug 27] India, France announce joint research consortium on AI and a digital partnership, Medianama report.
[Aug 28] Elon Musk and Jack Ma debate AI at China Summit, Bloomberg report.
[Aug 28] Is this Aadhaar of the future? Facial biometric technology-based chip-enabled cards issues, The Economic Times report.
[Aug 28] National security imperative to become $5trillion economy: Amit Shah, Livemint report; The Asian Age report.
[Aug 29] Swedish school fined over use of facial recognition, Lexology report.

Big Tech

[Aug 26] India is important, that’s why bringing hardware devices here: Google, ET Telecom report.
[Aug 26] Facebook wins appeal against German Data-Collection ban, The Wall Street Journal report.
[Aug 26] Instagram’s latest assault on Snapchat is a messaging app called Threads, The Verge report.
[Aug 28] Google is moving Pixel production from China to an old Nokia factory in Vietnam, The Verge report.
[Aug 30] Google expands scope of its bug bounty programme, unveils data protection reward programme for developers, NDTV Gadgets 360 report.

Opinions and Analyses

[Aug 25] Jon Evans, Tech Crunch, Crypto means Cryptotheology.
[Aug 26] Guest Author, Medianama, Should Indian Copyright law prevent text and data mining?
[Aug 26] Vishal Chawla, Analytics India Magazine, Why IoT security standards are crucial in preventing hackers from stealing your data.
[Aug 26] The Hindu Editorial, ON the wrong side: On PCI backing Kashmir restrictions.
[Aug 26] Robert S Taylor, Lawfare, How to measure Cybersecurity.
[Aug 26] Mike Giglio, Defense One, China’s Spies Are on the Offensive. Can the US Fend Them Off?
[Aug 27] Gurshabad Grover, The Hindu, A judicial overreach into matters of regulation.
[Aug 27] Maj Gen Harsha Kakkar, Bharat Shakti, Foreign Policy and National Security.
[Aug 27] A Vinod Kumar, Institute for Defence Studies and Analyses, ‘No First Use’ is Not Sacrosanct: Need a Theatre-Specific Posture for Flexible Options.
[Aug 27] Jack Cable, Harvard Business Review, Every computer science degree should require a course in cybersecurity.
[Aug 27] Rahul Singh, The Hindustan Times, Key decisions underline govt’s focus on building stronger military.
[Aug 27] The Economic Times Opinion, Aadhaar linkage with social media is troublesome.
[Aug 28] Vikram Koppikar, Money Control, Aadhaar and Social Media: It’s a delicate balance between security and privacy.
[Aug 28] Abhijit Singh. The Hindu, The CHief of Defence Staff needs an enabling institutional infrastructure.
[Aug 28] Samantha Ravish, Defense One, The US must prepare for a Cyber ‘Day After’.
[Aug 28] Mike Masnick, Tech Dirt, Protocols, not platformsL A technological approach to free speech.
[Aug 29] Dhruva Jaishankar, The Hindustan Times, The saga of India’s indigenous defence production.
[Aug 29] The Print, Does War & Peace taunt show how poorly equipped India judges are to handle security cases?
[Aug 30] Rohan Seth, The Asian Age, Wider debate needed on major changes in data protection law.
[Aug 30] Amit Cowshish, Institute for Defence Studies and Analyses, CDS: A pragmatic blueprint required for implementation.
[Aug 30] Crystal Lee and Jonathan Zong, Slate, Consent is not an ethical rubber stamp.
[Aug 30] Gopal Krishna, Business Today, Why the promised right to privacy and data protection law hasn’t been enacted yet.
[Aug 31] Bidanda Chengappa, Deccan Herald, Peacetime spying is legitimate.
[Aug 31] Sandipan Deb, Livemint, When social media monopolies prey on freedom of expression.

[July 15-22] CCG’s Week in Review: Curated News in Information Law and Policy

Posted on July 22, 2019 by Gunjan Chawla

The National Investigation Agency Act was amended by Parliament this week, expanding its investigation powers to include cyber-terrorism; FaceApp’s user data privacy issues; and the leaked bill to ban cryptocurrencies— presenting this week’s most important developments in law and tech.

Aadhaar

[July 15] Govt plans Aadhaar based identification of patients to maintain health records, Live Mint report; The Indian Express report.
[July 15] Petition in Delhi HC seeking linking of Aadhaar with property documents, Live Mint report.
[July 15] Government stops verification process using Aadhaar for driving license, The Economic Times report.
[July 15] Government stops verification process using Aadhaar for driving license: Nitin Gadkari, ET Auto report.
[July 18] Will Aadhaar interchangeability for ITR make PAN redundant? Live Mint report.
[July 18] Govt floats idea for Aadhaar-like database for mapping citizen health, Business Standard report; Money Control report; Inc42 report.
[July 19] Linking Aadhaar with Voter ID— Election Commission to decide within weeks, The Print report; India Legal analysis.
[July 21] Mumbai man fights against linking Aadhaar to salary account, The Quint report.
[July 21] Violating SC rules, matrimonial site sells love, marriage using Aadhaar data, National Herald report.
[July 22] Large cash deposits may soon need Aadhaar authentication, Times of India report; Money Control report.

Right to Information

[July 19] Bill to amend RTI law introduced in Lok Sabha amid opposition, India Today report.

Free Speech

[July 18] Ajaz Khan of Big Boss fame arrested by Mumbai Police for TikTok video, The Asian Age report; DNA India report.
[July 19] Guwahati HC grants anticipatory bail to poets accused of writing communally charged poetry on Assam citizenship crisis, Live Law report.

Internet Governance

[July 16] MeitY to finalise Intermediary Liability rules amendment by month end, Medianama report; Inc42 report.

Data Protection and Data Privacy

[July 17] Canada probing data theft at military research center: reports, Business recorder report.
[July 17] BJP raises issue of privacy breach by tech devices in Rajya Sabha, BJD demads more funds, News 18 report.
[July 17] TMC MPs protest outside Parliament in Delhi, demand to bring Data Protection Law, DNA India report.
[July 17] Democrats issue warnings against viral Russia-based face-morphing app ‘FaceApp’, NPR report.
[July 18] Government notice to Tiktok, Helo; asks to answer 21 questions or face ban, Gadgets Now report; Medianama report; Business insider report.
[July 18] Singapore data protection enforcement guide released, Asia Business law Journal report.
[July 18] Irish Data Protection Commission issues advice over FaceApp privacy concerns, RTE report.
[July 18] Govt admits to data leak of unemployment figures ahead of May announcement in Rajya Sabha, terms the issue ‘serious’, Firstpost report.
[July 19] From bad to worse: PM Modi’s office has asked IT Ministry to keep a close eye on TikTok, India Times report.
[July 20] Equifax near $700 million settlement of data breach probes: WSJ, AL Jazeera report.
[July 21] Jio backs data protection; highlights future growth areas like agriculture, healthcare and education, The Economic Times report.

Data Localisation

[July 19] Firms exploring Telangana to set up data centres, The Hindu report.
[July 22] Bytedance starts building local data centre in India after lawmakers complain of data privacy, Entrackr report.
[July 22] China’s ByteDance to store Indian data locally after MPs raise concerns on privacy, national security, ET Tech report; Outlook report.
[July 22] Jio backs data localization to stave off cyberattacks, ET Tech report; Medianama report.

Digital India

[July 15] India lags peers in tech skills: Coursera study, ET Telecom report.
[July 16] WiFi on the go: Government pushes to keep Bharat connected, ET Telecom report.
[July 17] BMTC wants to reboot its IT plan, ET tech report.
[July 19] How improved infrastructure and tech firms are changing game development in India, ET Tech report.

Digital Payments and E-Commerce

[July 14] How women are sidelined in India’s e-commerce growth, ET Tech report.
[July 17] Digital payment firms write to Government, asking compensation for losses incurred due to ‘zero’ merchant fee, Latestly report.
[July 22] How an in-house e-commerce platform Leaf Era has revolutionsed government procurement, ET Tech report.
[July 22] Aditya Birla Payments Bank to shut down due to “unanticipated developments in business landscape”, Medianama report.

Cryptocurrency

[July 15] Hacked crypto exchange Bitpoint discovers more millions are missing, Coin Desk report.
[July 15] India: Leaked draft bill would ban all crypto except ‘Digital Rupee’, Coin Telegraph report.
news to those Swiss authorities, Business Insider report.
[July 16] US says cryptocurrency is a national security issue, The New Indian Express report.
[July 16] Bitcoin and crypto suddenly branded a national security issue, Forbes report.
[July 16] Crypto a security threat, instrument for illicit activities: Trump admin, Business Standard report.
[July 17] Facebook said its Libra cryptocurrency will be regulated by Swiss authorities – but that was
[July 17] Making sense of chaos? Algos scour social media for clues to crypto moves, ET Markets report.
[July 20] Cryptokart: Another Indian crypto exchange shuts doen operations, Coin Telegraph report.
[July 22] Crypto-attacks are rising in Asia—and cybersecurity AI may be the best way to fight the threat: Darktrace, Business Insider report.

Emerging Tech

[July 13] Facial recognition tech is growing stronger, thanks to your face, New York Times report.
[July 19] Is there a tug of war between Niti Aayog, IT Ministry on artificial intelligence project? India Today report.

Big Tech

[July 15] Tech giants to face US hearings on anti-trust, cryptocurrency, ET Telecom report.
[July 15] Amazon Web Services still on pole for $10bn defence cloud deal after Oracle case crashes, DataEconomy.com report.
[July 16] Google accused of ripping off digital ad technology in US lawsuit, ET Telecom report.
[July 19] EU opens investigation into anti-competitive conduct of Amazon: Will it face heat in India too? Entrackr report.

Telecom/5G

[July 17] Govt working on revival of BSNL: Minister tells Lok Sabha, The Hindu Business Line report.
[July 19] Make in India: Only half of country’s 268 cellphone makers stay afloat, Financial Express report.

More on Huawei

[July 16] The US Congress wants to block the Trump administration from weakening Huawei restrictions, The Verge report.
[July 17] US-China talks stuck in rut over Huawei, The Wall Street Journal report.
[July 19] Two-thirds of Canadians reject closer ties to China and want Huawei banned from 5G networks, poll says, South China Morning Post report.
[July 20] White House to host meeting with tech executives on Huawei ban: report, Business Standard report.

Cybersecurity

[July 15] Use Indian IPRs to ensure telecom network security: Trade group. ET Telecom report.
[July 15] Indian IT managers facing budget crunch for cybersecurity, Live Mint report.
[July 16] Your WhatsApp, Telegram files can be hacked: Symantec, ET Telecom report.
[July 16] IT companies tightening salary budgets, leveraging variable pay for niche skills, ET Tech report.
[July 17] Druva acquires hybrid data protection form CloudLanes, The Economic Times report.
[July 17] Indian Army launches massive crackdown on personnel violating its cybersecurity norms, The Print report.
[July 19] NSO spyware targets phones to get data from Google, Facebook, iCloud: Report, Medianama report.
[July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.
[July 21] An entire nation just got hacked, CNN report.
[July 22] Fix Rogue audits; guard Indian data; bulletproof 5G: India’s new cybersecurity chief’s Vision 2020, ET Prime report.
[July 22] Fake FaceApp software may infect your device, says global cybersecurity company Kaspersky Lab, New Nation report.

Tech and Elections

[July 14] New election systems use vulnerable software, AP News report.

Tech and Law Enforcement

[July 12] Revealed: This is Palantir’s Top-Secret User Manual for Cops, Vice Motherboard report.
[July 22] WhatsApp traceability case: Details of data requests made by Tamil Nadu Govt to social media companies, Medianama report.

Tech and Military

[July 14] French jetpack man flyboards up Champs-Elysees for Paris Parade, RFI report.
[July 15] Dassault offset money to help in skill training: FM Nirmala Sitharaman, Money Control report. Economic Times report.
[July 16] Modi Govt to buy Pilatus trainer aircraft following corruption charges, to ban Swiss defence firm for one year, OpIndia report.
[July 16] If India chooses F-21, it will plug into ‘world’s largest fighter plane ecosystem’: Lockheed Martin, The Economic Times report.
[July 17] AI has a bias problem and that can be a big challenge in cybersecurity, CNBC report
[July 17] IAF on spares buying spree, The Quint report.
[July 19] Lockheed Martin identifies 200 potential Indian partners, Hindustan Times report.
[July 18] Navy to buy Rs. 1,589 crore satellite from ISRO, The Economic Times report.
[July 18] Indian MoD issues RFP for heavyweight torpedoes for Kalvari-class submarines, Jane’s 360 report.
[July 18] Rafale will provide IAF strategic deterrence: Defence Ministry, Money Control report.
[July 19] US F-35, poster child for ineptitude, inefficiency, The Middle East Monitor report.
[July 19] South African Council to collaborate with Indian defence industry, Outlook India report.
[July 20] DRDO carries out a dozen successful summer trials of NAG anti-tank missile, ANI report.
[July 21] IAF Pilots could soon fly Tom Cruise;s fighter jet from Top Gun Maverick, News 18 report.
[July 21] India to forge ahead with Russia accord despite US threat of sanctions, DNA India report.

National Security Legislation

[July 15] Lok Sabha passes bill that gives more powers to NIA, Live Mint report, ANI report.
[July 15] Lok Sabha passes NIA Amendment Bill to give more power to anti-terror agency; here’s all you need to know, Business Insider report.
[July 17] What is the National Investigation Agency Bill and why is it in contention?, Money Control report.
[July 17] Rajya Sabha passes National Investigation Agency Amendment Bill 2019, Live Mint report; Outlook India report.
[July 18] Cabinet asks finance panel to consider securing non-lapsable funds for defence, The Indian Express report; Financial Express report.
[July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.

Opinions and Analyses

[July 11] Ryan Gallagher, The Intercept, How US Tech giants are helping build China’s Surveillance state.
[July 15] Jemima Kelly, Financial Express, Trump v Crypto: rage against the obscene.
[July 15] Ravi Shanker Kappor, News 18 Opinion, Cost of not carrying out economic reforms: Acute shortage of funds for military modernisation.
[July 16] Jayshree Pandya, Forbes, Nuances of Aadhaar: India’s digital identity, identification system and ID.
[July 16] Binoy Kampark, International Policy Digest, The UN’s free speech problem.
[July 16] K Satish Kumar, DNA India, Need more clarity on data bill.
[July 16] Abhishek Banerjee, Swarajya, Richa Bharti: The Free Speech Hero India Needs.
[July 17] Ananth Krishnan, The Print, Three reasons why it’s not Huawei or the highway for India’s 5G future.
[July 17] Rajesh Vellakat, Financial Express, Personal Data Protection Bill: Will it disrupt our data ecosystem?
[July 17] Nouriel Roubini, Live Mint Opinion, Seychelles-based BitMEX and the great crypto heist.
[July 17] Tim O’Reilly, Quartz, Antitrust regulators are using the wrong tools to break up Big Tech.
[July 18] Tiana Zhang, Jodi Wu, Yue Qiu and Richard Sharpe, Mondaq, Newly released draft measures on data security management strengthen China’s data protection framework.
[July 18] Gwyn D’Mello, India Times, If you worry about FaceApp and not your Facebook and Aadhaar, you have bigger problems.
[July 18] Sue Halpern, The New Yorker, How Cyber Weaqpons are changing the landscape of modern warfare.
[July 19] TV Mohandas Pai and Umakant Soni, Financial Express, An AI innovation engine for New India.
[July 20] Amit Cowshish, The Tribune, Indo-US defence trade not free from encumbrances.
[July 20] Umberto Sulpasso, Eurasia Review, Domestic Knowledge Product: Enhancing Wealth, Welfare and National Security—Analysis.
[July 20] Tiffancy C Li, The Atlantic, FaceApp makes today’s privacy laws look antiquated.
[July 20] Tom Robinson, Venture Beat, Crypto can prevent money laundering better than traditional finance.
[July 21] Vimal Kumar Kashyap, The Pioneer, 5G to usher in fourth industrial revolution.
[July 21] Michael Ashley, Forbes, It’s time to fight back for data sovereignty.
[July 22] Vidushi Marda, The Hindu, Facial recognition is an invasive and inefficient tool.

[July 8-15] CCG’s Week in Review: Curated News in Information Law and Policy

Posted on July 15, 2019 by Gunjan Chawla

The Parliament passed the Aadhaar Amendment Bill, expected to have a far-reaching impact on data sharing with private companies and State Governments; France rolled out a new “digital tax” for Big Tech, Facebook slapped with a massive $5bn fine by the US FTC, while uncertainty over Huawei’s inclusion in India’s 5G trials deepens — presenting this week’s most important developments in law and tech.

In focus this week: opinions and analyses of the Defence Budget for 2019-20.

Aadhaar

[July 8] Parliament passes Aadhaar amendment bill, The Hindu Business Line report.
[July 8] RS clears bill on voluntary use of Aadhaar as ID proof, Live Mint report.
[July 8] Techie moves Madras High Court assailing compulsory linking of Aadhaar with Universal Account Number (UAN) to avail EPFO pension, The Economic Times report.
[July 9] You are not bound to share Aadhaar data with schools, banks and telcos, DNA India report.
[July 9] ‘Ordinance on Aadhaar use doesn’t survive as House has cleared the Bill’: Centre tells SC, The Hindu report.
[July 10] Aadhaar Bill passage in Parliament: New clause helps secure non-NDA votes, The Economic Times report.
[July 11] PAN not linked to Aadhaar will become invalid from September, Business Standard report.
[July 11] Aadhaar amendments: New clause to allow use of Aadhaar data for state schemes, Live Mint report.
[July 11] Amendment: no Aadhaar for mobile wallet firms, The Economic Times report.
[July 11] All your Aadhaar fears are coming true in Assam, HuffPost India report.
[July 13] Rajya Sabha passes Aadhaar amendment Bill, allows to file complaint in case of security breach, India Today report.
[July 14] You may soon have to pay Rs. 10,000 as fine for entering wrong Aadhaar number for transactions, New 18 report.

Free Speech

[July 9] Twitter backs off broad limits on ‘Dehumanizing Speech’, The New York Times report.
[July 10] TikTok influencers charged for hate speech and attempting to incite communal violence, Business Insider report.
[July 13] White House Social Media recap, National Public Radio report, CNN report, The New York Times report, Engadget report. The Verge report.
[July 13] FIRs against 10 for poems that try to ‘hinder NRC’ in Assam, Times of India report.
[July 15] RSS wing calls for TikTok, Helo ban, The Economic Times report.

Data Protection

[July 8] Indian parliament members call for Data Protection Bill and TikTok ban, Inc42 report.
[July 8] British Airways fined record 183 million for data breach involving 500,000 customers: report, Medianama report, BBC report.
[July 9] Digital data protection to be a fundamental right in Brazil as amendment to constitution is approved, Medianama report.
[July 12] Not ‘Okay Google’: Firms admits that workers listen to audio from Assistant, Home, Medianama report, Fox News report, VRT News report.
[July 12] Google data breach faces review by Irish privacy watchdog, Bloomberg report.
[July 13] Facebook fined $ 5 billion by US regulators over privacy and data protection lapses, News 18 report, The Hindu Business Line report.
[July 13] Indian Govt is selling vehicle owner data to companies and citizens don’t have a clue, Inc42 report, Entrackr report.
[July 15] Data protection law must be the same for both private and government players, The New Indian Express report.

Digital India

[July 15] PMO panel seeks multinational companies’ inputs on making India electronics hub, ET Telecom report.

Data Localisation and E-Commerce

[July 11] Gautam Adani woos Amazon and Google with Indian data hubs, ET Telecom report.
[July 9] A tug of war hots the draft e-commerce policy. US tech giants want leeway in data localisation, ET Prime report. [paywall]
[July 15] Delhi and Bengaluru customs stop clearing ‘gifts’, Economic Times report, Medianama report.

Telecom/5G

[July 15] Inter-ministerial panel clears draft RFP to select auctioneer for 2019 spectrum sale, ET Telecom report.

More on Huawei

[July 10] Huawei makes Monaco world’s fully 5G country, Live Mint report.
[July 10] Huawei ban eased but tech can’t relax, Financial Times report.
[July 11] NSAB members, Chinese diplomat cross swords over Huawei, Indian Express report.
[July 12] Doubts over Huawei’s participation in India’s 5G rollout deepen, Live Mint report, NDTV Gadgets 360 report.
[July 14] Huawei plans extensive layoffs at its US operations, Live Mint report, The Economic Times report.
[July 13] US tells Britain: Fall in line over China and Huawei, or no trade deal, The Telegraph report.
[July 14] US seeks to discredit UK spies in war against Huawei, The Times UK report.

Big Tech: Regulation

[July 11] France passes law taxing digital giants in defiance of US anger, Agence France Presse report.
[July 10] US Announces Inquiry of French Digital Tax that may end in tariffs, The New York Times report.

Cryptocurrencies

[July 9] Indian govt to educate top cops on cryptocurrencies, aiming to investigate crypto matters, CrytpoNewZ report.
[July 9] Facebook to Senators: Libra crypto will respect privacy, Coin Desk report.
[July 11] Winklevoss-backed crypto self-regulatory group prepares to woo congress, Coin Desk report.
[July 12] Japanese crypto exchange hacked, loses $ 32 million, The Hindu Business Line report, Coin Telegraph report.
[July 13] Study exposes how Russia, Iran and China are weaponizing crypto, CNN report.
[July 13] China’s illegal crypto mining crackdown could ignite a bitcoin price rally, CNN report.
[July 15] IRS confirms it trained staff to find crypto wallets, Coin Desk report.

Emerging Tech

[July 9] AI in cybersecurity expected to surpass $38 billion, Security Boulevard report.
[July 14] How aritifical intelligence is solving different business problems, Financial Express report.
[July 14] Why AI is the future of cybersecurity, Forbes report.

Cybersecurity

[July 8] Chinese hackers demonstrate their global cyber espionage reach with breach at 10 of the world’s biggest telecoms, CPO Magazine report.
[July 12] Businesses in India tapping AI to improve cybersecurity, The Economic Times report, Fortune India report.
[July 15] Indian IT managers facing budget crunch for cybersecurity, The Economic Times report.

Tech and Law Enforcement: Surveillance and Cyber Crime

[July 8] NCRB invites bids to implement Automated Facial Recognition System, Medianama report.
[July 9] The chase gets a lot easier for tech-wielding cops now, The Economic Times report.
[July 9] Delhi government begins installing CCTV cameras inside classrooms to prevent crime: report, Medianama report. Times now News report.
[July 10] Instagram announces two new anti-bullying features, Instagram’s announcement, Thw Wall Street Journal report, Medianama report.
[July 11] WhatsApp messages can be traced without diluting encryption, Zee News report.
[July 12] New POCSO bill to expand child porn definition to include anime, adults posing depicting children, Medianma report, Hindustan Times report.
[July 12] SC refuses to stay installation of CCTV cameras in Delhi Government schools, Medianama report, Bar & Bench report.

Tech and Military

[July 8] Japan-India security cooperation: Asian giants to expand their relations to Space, Financial Express report.
[July 8] Bill to tag individuals as ‘terrorist’ introduced in LS, Opposition protests: The Unlawful Activities (Prevention) Act Amendment Bill, 2019, Business Standard report.
[July 8] Government introduces Bill in Lok Sabha to amend National Investigation Agency Act, The Economic Times report.
[July 8] Govt to procure 1.86 lakh bullet proof jackets by April next, The Hindu Business Line report.
[July 8] India, Russia agree on new payment mode for S-400 deal to get around US sanctions, The Print report.
[July 9] National e-Governance Division to revamp management app for the army, The Week report.
[July 9] Amazon, Microsoft wage war over the Pentagon’s ‘war cloud’, NDTV Gadgets 360 report
[July 10] Last chance to get tech: Navy says negotiating next 6 subs to take years, Business Standard report.
[July 10] Tactical communications market size in the US region is projected to experience substantial proceeds by 2024, Tech Mag report.
[July 11] Govt says looking at tech to seal northern and eastern borders, Live Mint report.
[July 11] Army man arrested for leaking info on national security, The Tribune report.
[July 12] Wait for sniper rifles gets longer, MoD retracts the RFP issued last year, Financial Express report.
[July 12] India, Russia discuss space cooperation, The Hindu report
[July 12] Israel arms company signs $100 million missile deal with Indian army, Middle East Monitor report.

Defense Budget: Reports and Analyses

[July 8] Budget 2019: India redirects foreign aid to Indian ocean countries, NSCS expenditure hiked, Business Standard report.
[July 8] Laxman K Behera, Institute for Defense Studies and Analysis, India’s Defence budget 2019-20.
[July 8] PK Vasudeva, Deccan Herald, An alarming fall: Defence Budget 2019-20.
[July 8] Mihir S Sharma, Business Standard, Budget 2019: India won’t become a superpower with these allocations.
[July 9] PRS Legislative Research’s analysis: Ministry of Defence Demands for Grants 2019-20.
[July 9] Why Sitharaman’s budgetary allocation is unlikely to satisfy defence establishment, The Economic Times report.
[July 10] Brahma Chellaney, Hindustan Times, India’s defence planning has no clear strategic direction.
[July 10] Harsh V Pant, Live Mint Opinion, We need not whine about India’s small defence budget.
[July 12] Commodore Anil Jai Singh, Financial Express, Budget 2019: Optimising the Defence Budget and the need for organizational reform.
[July 13] Shekhar Gupta, The Print, Modi isn’t about to change India into national security state like Pakistan and bankrupt it.
[July 13] Budget 2019: Cybersecurity – a holy grail for government’s Digital India dream, Financial Express analysis.
[July 15] Ravi Shanker Kapoor, News 18 Opinion, Cost of not carrying out economic reforms: acute shortage of funds for military modernization.

Opinions and Anlayses

[July 8] Adam Bemma, Al Jazeera, Is Sri Lanka using the Easter attacks to limit digital freedom?
[July 9] Dr M Suresh Babu and Dr K Bhavana Raj, The Hans India, Data Protection Bill – boon or bane for digital economy?
[July 8] Walter Olson, The CATO Institute blog, One year later, the harms of Europe’s data-privacy law.
[July 8] Jack Parrock, Euro News, The Brief: Data privacy v. surveillance transatlantic clash.
[July 9] Abhijit Mukhopadhyaya and Nishant Jha, ORF, Amidst US-China standoff Huawei battles for survival.
[July 10] Kuldip Kunmar, The Economic Times, Budget 2019 shows govt’s will to use Aadhaar to track financial transactions.
[July 11] Darryn Pollock, Forbes, Is Facebook forming a crypto mafia as Libra foundation members boost each other’s businesses?
[July 12] Amitendu Palit, Financial Express, India ditches data dialogue again.
[July 12] Shantanu Roy-Chaudhary, The Diplomat, India-China-Sri Lanka Triangle: The Defense Dimension.
[July 12] Richard A Clarke and Robert K Knake, The Wall Street Journal, US companies learn to defend themselves in cyberspace.
[July 12] Simon Chandler, Coin Telegraph, US Sanctions on Iran Crypto Mining— Inevitable or Impossible?
[July 12] Shekhar Chnadra, Scientific American, What to expect from India’s second Moon mission.
[July 14] Agnidipto Tarafder and Siddharth Sonkar, The Wire, Will the Aadhaar Amendment Bill Pass Judicial Scrutiny?
[July 14] Scott Williams, Live Wire, Your crypto overlords are coming…
[July 15] Why Google cloud hasn’t picked up yet in India, ET Telecom report.

SC Constitution Bench on Aadhaar – Final Hearing (Day XXXVIII)

Posted on May 11, 2018 by arpitaccg

By Arpita Biswas

In October 2015, a 3-judge bench of the Supreme Court of India referred challenges to the Aadhaar program to a constitution bench. One of the primary concerns of this petition was to decide on the existence of a fundamental right to privacy, which has since been upheld. Other similar petitions, concerned with the legitimacy of Aadhaar had been tagged with this petition. While the existence of the fundamental right to privacy has been upheld, challenges against the Aadhaar programme and linking services to this programme were yet to be adjudicated upon.

An interim order was passed in December of 2017, a summary of the arguments can be found here and here.

The final hearing commenced on January 17, 2018 and concluded on May 10, 2018. Summaries of the arguments advanced in the previous hearings can be found here.

Senior counsel Gopal Subramaniam continued with his rejoinder.

He started off by discussing the concept of dignity, stating that it was not meant to be promoted since it was assured under the preamble. He stated that dignity is inbuilt and would not depend on the largesse of the state.

Referring to the Aadhaar notifications, he stated that if the purpose of these notifications was to benefit individuals, the state would have to create conditions to ‘flower the dignity’ of people.

Justice Sikri commented on the duty of the state to provide benefits, which would also be a part of dignity. He stated that this would not just be applicable in cases of deprivation under Article 21 and that it would be an affirmative action.

Mr. Subramaniam agreed, stating that it would be an affirmative action. Further, he stated that the Act would have to be scrutinized to decipher whether it was an enabler or whether it was passed under the guise of enablement.

He then stated that the notifications begin with a preamble, which refers to the guarantee of seamless delivery of services.

He then discussed alternate forms of identification, like ration cards, stating that existing forms of identification were not failing, and Aadhaar therefore did not have a purpose.

He referred to examples of women in Jharkhand who could not get services despite having ration cards, due to failed Aadhaar authentication.

He also discussed the Essential Commodities Act and the central governments obligation.

He also discussed the applicability of the test of the ‘true purpose of the law’.

Further, he discussed the lack of machineries that were set up under the Aadhaar programme, stating that Aadhaar did not serve any special purpose since existing machineries were used to deliver services.

Mr. Subramaniam then went on to discuss the asymmetry of power under Section 7 of the Aadhaar Act.

He also stated that the Act was not enacted for a proper purpose. Further, he stated that the first step of legitimate aim was ‘proper purpose’. He also stated that it could only be justified if the right was preserved and that dignity and autonomy were not preserved under Section 7 of the Act.

Further on the issue of ‘proper purpose’, referring to the idea of ‘Socratic contestation’, he stated that a claim to a proper purpose would not qualify as a proper purpose.

Mr. Subramaniam then discussed the three letters of authentication. He stated that authentication was at the heart of the act and that failure of authentication was a ground for denial. In relation to requesting entities, he discussed their lack of accountability under the law.

Further, he discussed the GDPR and the change in protocol. He also discussed the concerns about privacy of communication and not the privacy of individuals.

Further, he stated that there weren’t any other jurisdictions where the state could take all of its citizens data.

He also stated that declaration of human rights was necessary for this act. Further, he stated that the Act reduced people to numbers and also discussed the perils of using probabilistic algorithms.

Referring to Section 7 of the Act, he discussed ‘grants, subsidies, benefits’ as expressions of condescension.

Mr. Subramaniam further discussed the ‘power’ under the Act, stating that the power enables the collection of information.

He discussed the test in constitutional law, which was to question whether the state should logically be the holder of such information.

Further, he stated that if knowledge was power, giving information to the state would signal a ceding of power.

Justice Chandrachud commented on the nature of subsidies, to which Mr. Subramaniam stated that subsidy was provided at different levels of government.

Mr. Subramaniam then discussed Section 7 and stated that under it, strict rights were being bracketed. He further stated that it was not merely a segregation and that entitlements were being treated like grants.

On this Justice Chandrachud stated that wage payment was a benefit, to which Mr. Subramaniam responded, stating that wage payment would be a vested right.

He further discussed the Courts guidelines for rehabilitation laid down in 1982 in relation to bonded labourers, before deciding whether to rehabilitate or free them.

In this regard, he also discussed the incarceration of mentally ill citizens and the writs of mandamus issued to the Union.

Moving on, Mr. Subramaniam discussed census data and its use at federal and state levels. He stated that states had policies in regard to requesting data from the central planning commission.

He further stated that census data was a way of social mobilization, and that there was pre-existing data owing to the census.

He then discussed the concepts of horizontal protection and vertical protection, stating that the former was more important in the given instance.

Further, he discussed bodily integrity and autonomy as important considerations.

He also stated that ultimately, the fundamental freedoms in India must never be compared with the 4th Amendment under the United States constitution. He also stated that the Indian constitution was a living document.

On the issue of Section 7, Justice Chandrachud stated that it is an enabling provision and not a mandate. He stated that it enabled the government to impose a mandate, the difference arising from may/shall.

Further, it was stated that these rights could not be ‘wielded down’. He also stated that there was no common denominator and rights could not be subsidies. Further on the issue of Part 3, he stated that the rights conduced to dignity.

Mr. Subramaniam then discussed identities and the dissolution of some kinds of identities.

He stated that if an act like manual scavenging was antithetical to the soul then he would want it destigmatized with the march of time. He further discussed how certain actions were akin to unmaking the dignity of people.

On the issue of fake profiles, he stated that it was not a matter of sticking up for fake profiles, but rather a matter of sticking up for better administration.

On the alleged voluntary nature of Aadhaar, he questioned how people could be asked to contract when they were not even under the capacity to contract.

Further, on the ‘legitimate aim’ of Aadhaar, he stated that collecting massive amounts of information would not satisfy this aim. He stated that the means used had to be adept and valid.

He also discussed the issue of two competing rights, which had to be balanced. In this regard, he discussed the concepts of freedom, autonomy, self-preservation and self-actualization. He also stated that the act of balancing had a direct correlation with seminal values and objectively protected values.

Mr. Subramaniam then stated that no contemporary studies on Aadhaar had taken place, the last one having been conducted a decade ago.

He then went on to read excerpts on an individual’s inalienable rights, stating that an individual should not be required to give up their rights.

Further, he stated that the procedure established by law had to be just, fair and reasonable.

On the Aadhaar project, he stated that there wasn’t merely a possibility of abuse, but that the Act postulated compelled behaviour.

He stated that the primary focus was that the judiciary had an obligation to protect fundamental rights.

Referring to the Constitution, he stated that it was a living document and should be seen as transformative. Further, he discussed parliamentary supremacy and the capacity to refuse. He stated that autonomy and integrity were intertwined in the capacity to refuse and if the capacity was obliterated, then the autonomy would also follow suit.

Mr. Subramaniam further discussed relief, stating that the petitioners would want the data stored to be taken down. He also stated that the Bench should exercise its powers under Article 32 and also rely on the case of Nilabati Behera.

Lastly, he stated that the propensity of information was an important consideration as well.

Next, senior counsel Anand Grover commenced with his rejoinder. He was brief, stating that none of the contentions of breaches of security had been dealt with and that privacy should not lose its character.

Next, senior counsel Arvind Datar commenced with his rejoinder.

He started off by stating that ‘pith and substance’ had no application to the legitimacy of an article and would not be applicable to a money bill.

Further, he discussed the difference between a money bill and a financial bill, stating that consolidated fund matters would be covered by financial bills.

He also discussed Article 117(1) in this context.

He stated that the Aadhaar Act could not have been passed as a financial bill.

Further, he discussed the doctrine of severability and whether certain portions of the Aadhaar Act could be removed.

He stated that the doctrine of severability could only apply if a statute was valid and certain portions are invalid. He stated that if the rest of the statute ‘made sense’ and was valid, it could be retained. However, in this instance, the statute itself was invalid, and relying on the Kihoto Hollohan case, he stated that a statute that was fatal at its inception could not be saved.

Mr. Datar also discussed the Mangalore Ganesh Beedi works case and subsequently Article 110(b) of the constitution.

Further, he discussed the issue of linking bank accounts to Aadhaar.

He stated that millions of bank accounts have already linked to Aadhaar and that permanent linking did not seem to serve a purpose and that accounts should be delinked once determination was over.

Next, senior counsel P.C. Chidambaram commenced his rejoinder. He discussed the issue of the Aadhaar Act being passed as a money bill.

He started off by discussing the interpretation of ‘only’ under Article 110(1), and went on to discuss how clause (g) must be read narrowly.

Lastly, he stated that a non-money bill being passed as a money bill would effectively limit the power of the Parliament, by disallowing review, which should not be condoned by the Court. He also stated that the doctrine of severability would not hold credence if the legislature was unconstitutional to begin with. Further, he discussed how the doctrine of pith and substance would not be applicable to bills passed under Article 110.

Next, senior counsel K.V. Viswanathan commenced his rejoinder. He discussed the theories of proportionality and balancing of rights. He stated that the balancing of rights proposition by the respondents was incorrect, and that fundamental rights would not survive. Further he discussed exception handling and the problem with making vested rights conditional on Section 7 of the Act. He also stated that citizens should not have to face the burden brought about by systems for ‘targeted and efficient delivery’.

Lastly, senior counsel P.V. Surendranath discussed the problem with excessive delegation.

The hearing concluded on the 10^th of May and the matter is now reserved for judgment.

Arpita Biswas is a Programme Officer at the Centre for Communication Governance at National Law University Delhi

SC Constitution Bench on Aadhaar – Final Hearing (Day XXXVII)

Posted on May 10, 2018 by arpitaccg

By Arpita Biswas

An interim order was passed in December of 2017, a summary of the arguments can be found here and here.

The final hearing commenced on January 17, 2017. Summaries of the arguments advanced in the previous hearings can be found here.

Senior Counsel Shyam Divan continued with his rejoinder. He started off by addressing the UIDAI’s responses to the questions posed by the petitioners.

In this regard, he discussed the architecture of the Aadhaar programme, along with inorganic seeding. He discussed how entities of the Aadhaar architecture allowed traceability and location tracking. He also discussed flawed statistics that were released on the rate of authentication success.

Mr. Divan then referred to a 2009 order, which did not mention that biometric authentication would be a part of the Aadhaar programme.

He then discussed the unauthorized collection of data by the UIDAI, stating that biometric information was collected without any statutory authority. He stated that India was not a monarchy and unauthorized collection of this nature should not be permitted.

He also stated that the UIDAI had no way of verifying the accuracy of the information on its database . He also stated that there was no contractual obligation created between UIDAI and its agents. He then went on to refer to a hypothetical log of authentication, that was created to illustrate the point that biometric authentication would allow for tracking and profiling.

Mr. Divan then went on to discuss the World Bank report and the high level advisory committee. He stated that the report, which discussed the benefits of Aadhaar, stating that it was not as impartial as it seemed to be, and likened it to a ‘sales pitch’. He also stated that there were no people with expertise in civil liberties and privacy on that committee.

He then went on to discuss Section 59 of the Aadhaar Act and the validity of biometric information that was collected prior to the Aadhaar Act.

He also stated that under the Aadhaar programme, citizens were being compelled to ‘voluntarily’ sign up.

He stated that certain schemes should be excluded from the purview of Aadhaar, these included schemes that affected vulnerable portions of society. He stated that women who were rescued from trafficking, bonded labourers, children, those who were in need of rehabilitation and others, should be excluded.

In this regard, he stated that Sarva Shiksha Abhiyan should not require Aadhaar authentication.

Mr. Divan stated that the principle of non-retrogression would apply, and that it would not be possible to go backwards in human rights law.

He then questioned how Supreme Court orders could be overridden by economic advisers in the ministry.

He went on to refer to the August and October 2015 orders, stating that Aadhaar was declared voluntary in those orders and that it could not be declared mandatory till the Supreme Court decided it was.

He then went on to discuss the powers under Articles 226 and 227 of the Constitution, stating that the ‘magic’ lied in the fact that bureaucrats could not override independent judicial power and that their actions would be checked under the law.

He also discussed the issue of the Act being passed as a money bill.

Moving on, he referred to the an ‘intricate scheme of defences’ in the Constitution, and that there was a whole set of defences, the last being the court.

Referring to the ‘second bulwark’, he stated that Article 111 of the Constitution would also not be applicable if the Aadhaar Act was upheld as a money bill.

He then discussed the importance of protecting demographic information, and the ‘fatal’ features of the Aadhaar programme.

Lastly, he questioned if the Aadhaar programme could stand the first five words of the Constitution – ‘We the people of India’.

Senior Counsel Gopal Subramaniam continued with his rejoinder. He started off by discussing acts of malfeasance and misfeasance.

He referred to Section 33 of the Aadhaar Act, stating that there was a complete giveaway of information, including identity information or authentication records.

He questioned the information that was made available to the state, stating that there seemed to be no nexus between the requirement of knowledge and the delivery of services. He stated that this went against Puttaswamy vs. Union of India.

He stated that the collection of data of over a billion people was not fool-proof, referring to the Cambridge Analytica case.

Further, he questioned what happens when the legislature was not an enabler, stating that the law would be disempowering, if not empowering.

Referring to the Facebook data leak, he stated that this leak was thought to affect elections and political power dynamics in Singapore.

Further, he stated that the issue was not merely multiple classes of people that were, but also the price of revelation.

He also discussed the issue of legislative competence and voidness.

Lastly, he discussed the case of West Ramnad and the ability of the state to enact laws retrospectively.

He stated that the sine qua non for retrospective validation was the prior existence of a statute, which was not the case with Aadhaar.

The hearing will continue on the 10^th of May.

Arpita Biswas is a Programme Officer at the Centre for Communication Governance at National Law University Delhi

SC Constitution Bench on Aadhaar- Final Hearing (Day XXXVI)

Posted on May 3, 2018 by elizabethdominic

An interim order was passed in December of 2017, a summary of the arguments can be found here and here.

The final hearing commenced on January 17, 2017. Summaries of the arguments advanced in the previous hearings can be found here.

The AG resumed his submissions on the issue of money bill. He reiterated that Ar.110(1)(g) is a stand alone provision and therefore there can be a bill which deals only with it and not deal with Ar.110(a)-(f). Referring to s.57, he submitted that independent laws can be passed under the section as long as it is relatable to Ar.110(a)-(g).

The CJI interjected that s.57 is an enabling provision that allows the state legislature to introduce Aadhaar either as a money bill or not for various services and that its nature would be examined only if its challenged in a court of law.

Justice Chandrachud mentioned that when Aadhaar platform is used by the states through law or by private parties through contract, it must conform with the data protection provision.

The AG responded that Aadhaar architecture is created by central law and therefore unless it authorizes the use, the states can’t use it. He further submitted that the government of India has created this massive structure to provide subsidies and other services but requires it to be self-sustaining and therefore has opened it to the private parties.

Justice Chandrachud interjected that s.7 retains the nexus to the consolidated fund of India (CFI) but s.57 snaps it. He pointed out that a private party could join the Aadhaar infrastructure through contract for purposes that have no nexus to the CFI. He said that based on this, the petitioners are arguing that s.57 does not qualify as money bill.

The AG responded that one has to look at the Act in totality and not examine if each provision would qualify as money bill. He conceded that s.7 is the nexus to the money bill but submitted that s.57 is part of the Parliament’s efforts to open the Aadhaar platform to other entities.

Next, he discussed the issue of telecom linking to Aadhaar. He argued that the linking eliminates all possibilities of forgery and fraud. He pointed out that the linking will remain optional only till the final disposal of the matter.

The AG then submitted that surveillance is prohibited under the Act and therefore the Act cannot be struck down merely because there is a possibility for it. He raised objection to the usage of the terms “concentration camp”, “electronic leash”, and “totalitarian state” by the petitioners.

Senior counsel Shyam Divan commenced the rejoinder on behalf of the petitioners. He submitted that it is the first time that a technology of this kind is deployed in a democracy. He stated that Supreme Court is the absolute vanguard of traversing human rights into technology. He argued that surveillance state is not permissible under Constitution and objected to the respondent’s argument that Aadhaar infrastructure does not result in surveillance.

He next referred to an affidavit filed by the Union on March 9, 2018.

He submitted that there are three elements of surveillance- identity of person, date and time, and location. He pointed out that the Act itself requires identity, date, and time at the time of authentication. Referring to the affidavit and presentation of the CEO and supporting documents, he argued that the response of the government’s experts to the petitioner’s experts states that biometric database is accessible to third party vendors. He submitted that the breach of the verification log would leak location of places where an individual performed his authentication in the past five years. He submitted that this compromises the security of privacy. He further pointed out that as per the presentation report, it is possible to track the current location of the individual even in the absence of a breach. He submitted that the UIDAI knows the location but for a third party to access the location, he would have to breach the verification log.

He therefore submitted that as per the experts of both parties, all three elements of surveillance are satisfied by the Aadhaar architecture.

Justice Chandrachud interjected that in a digital world one cannot ever have a guarantee of absolute security and therefore as long as the database is kept secure, an adequate level of privacy is maintained. Mr. Divan responded that this is not just a privacy issue but also a limited government issue. He argued that the coercive power of government cannot extend to the creation of an infrastructure that is capable of tracking people across five years in real time.

Next, referring to the CEO’s submission that all devices will have a unique ID to enable traceability and detection of fraud, he submitted that this would enable the individual to be traced using the device.

Mr. Divan then raised objection to the AG’s submission that UIDAI is distinct and autonomous and that the union government is different from it and therefore the latter would not be provided with access to the data. He argued that no instrumentality of state should establish such a mass surveillance regime. He submitted that the Supreme Court should not permit something so deeply flawed to function in the country.

He argued that if our constitution repudiates surveillance state, we cannot have a legislation which allows it. He submitted that the Supreme Court should not usher in a machinery that can trace back the locations, as it is constitutionally impermissible. He further submitted that if the court arrives at the conclusion that there is indeed surveillance, then balancing of rights is impossible.

Next, he referred to the answers submitted to the UIDAI in response to the questions asked by the petitioners subsequent to the CEO’s presentation. He pointed out that in the answers the UIDAI has mentioned that it does not take responsibility for correct or incorrect identification but only provides a matching system which is a self certification system. He argued that the UIDAI does not verify the authenticity of the documents submitted and with the linking of the bank accounts to the Aadhaar, now even the bank authorities do not check the authenticity of the documents. He submitted that UIDAI has no responsibility for identity.

The hearing will continue on May 9, 2018.

The CCG Blog

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Category Archives: Aadhaar

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SC Constitution Bench on Aadhaar – Final Hearing (Day XXXVIII)

SC Constitution Bench on Aadhaar – Final Hearing (Day XXXVII)

SC Constitution Bench on Aadhaar- Final Hearing (Day XXXVI)

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