#Aadhaar hearing. Bench about to reassemble. Senior Counsel Shyam Divan to continue arguments for the Petitioners.
Recall, Petitioners are challenging the Aadhaar Project, Aadhaar Act & all related notifications, circulars and other legislations that refer to aadhaar.
Thread.
Recall, Petitioners are challenging the Aadhaar Project, Aadhaar Act & all related notifications, circulars and other legislations that refer to aadhaar.
Thread.
Hearing resumes following a slight delay.
SD clarifies the point on Registered Device Id and IP and the implications of recording both with every authentication transaction.
Hands over a note on both IP address and Registered Device Id. He gives screenshot of...
SD clarifies the point on Registered Device Id and IP and the implications of recording both with every authentication transaction.
Hands over a note on both IP address and Registered Device Id. He gives screenshot of...
...his own phone's IP and its mappability.
Sikri J says he is aware of these possibilities.
SD then reiterates the registered device point and how the very reason for that is traceability.
SD rounds off saying now it is established that enabling of surveillance. And that Court
Sikri J says he is aware of these possibilities.
SD then reiterates the registered device point and how the very reason for that is traceability.
SD rounds off saying now it is established that enabling of surveillance. And that Court
...has no option but to strike down the project if it finds that surveillance is even possible. Cites the Jones and Zaccharov cases.
DYC J asks how even when he makes IT returns electronicallly or takes an Uber ..the location is trackable.
DYC J asks how even when he makes IT returns electronicallly or takes an Uber ..the location is trackable.
SD responds saying there are key differences.
1. Breaking down of silos and
2. Centralisation of authentication data and
3. Unique identifier.
He says he wants to suggest a thought experiment.
Says he is now confident he is addressing five learned judges steeped in ...
1. Breaking down of silos and
2. Centralisation of authentication data and
3. Unique identifier.
He says he wants to suggest a thought experiment.
Says he is now confident he is addressing five learned judges steeped in ...
... liberal values. If we were to fail, 25 years later, a counsel here will only be addressing aadhaar-ed judges whose entire is profile from cradle to bench is available to the government.
... says his limited point is that this enables surveillance. And that no other free society has even attempted it because it would not even pass the first scrutiny.
DYC J insists saying what happens there is a new entrpreneur that builds an application that has a one-place for all bill payments.
That application suffers from the same problem as SD says, asks DYC J.
That application suffers from the same problem as SD says, asks DYC J.
DYC J says if "individuals are willing to surrender..." ... SD says "willing to.." and that is a crucial difference. DYC J asks if mere prescription of checks and balances for the use of that information would take care of SD concerns.
SD smilingly says its a no-brainer that...
SD smilingly says its a no-brainer that...
...under this Constitution there is absolutely impermissible for a surveillance state to be created. DYC J has a wry smile.
..SD goes back to the Rule of law cases he was reading yesterday.
Apologies. Have had to discontinue tweeting because I was wanted outside. Back now. But will probably resume tweeting in Session 2.
