KS says this goes to his argument of 'one nation, one identity'.
Bhushan J asks what is wrong with ONOI.
KS says everything wrong.
Bhushan J says we are all Indians.
KS says Indian..
DYC J points out that the definition of identity info is inclusive and not exhaustive. Says Act contemplates something else other than...
KS moves to his second submission.
KS says we are more than our aadhaar numbers in reply to a Sikri J question that the idea of ONOI is perhaps unique.
DYC J says he is yet to get over 8 (3)(c). KS laughs.
But says he is not questioning a policy decision. Only constitutionality.
Says how UK scrapped the Identity Cards Act.
Bhushan J and DYC J are not so sure. Sikri J also has doubts.
Bhushan J vehemently disagrees with KS. Atleast for the moment.
KS says he just wants to assist the Bench to come to a reasonable interpretation so that it is consistent with the constitutional scheme of liberty.
DYC J is still not sure of KS's interpretation.
Clarifies that he is not talking about abuse by state, which is not a ground of challenge... but a different
KS repeats his proposition that losing personal data is losing one's property (me thinks: this is a slippery slope. Other counsels over the years have decidedly steered away from discussing personal data as property).
Specifically discusses "Mood Panda" and FitBit.
Data is content.
Metadara is info about the communication, minus the actual content of the message.
Everyone will be tracked throughout their lives.
This metadata is sufficient.
Khanwilkar J says Respondents deny it.
KS says aadhaar is linked and all metadata is available with
Also lighterveinly points out an incident where DYC J went for a chinese dinner and his bill from five months ago was retrieved by the waitor to know the tasty dish he had at the time..DYC J laughs..
Laughter allround. KS says he envies DYC J because he hasn't been to a chinese dinner as a couple in a long time.
Lists and explains certain features.
- Single point of failure
- RBI staff journal report.
- A-G says the staff paper has been disowned.
- KS responds saying it is bound to be.
KS says he knows the author of the paper Dr. Anand very well.
- L-1 and Morpho.
- Says he will give contract copies. Says all of them were given all data.
- Distinguishes card technologies and how they are superior.
- Vulnerability and replicability of biometrics.
- Operating System Vendor (Sikri J all phones are vulnerable for this. KS agrees).
- Hardware Vendor (KS says all 'these chinese' vendors ...and kinda mispronounces Xaomi)
- Telecom companies (Refers to Airtel payments
- USB connector cables used by enrollers etc.
The fact that these MITM attacks are possible is acknowledged by UIDAI.
Also says Aadhaar vulnerable to corporate espionage attempts...businesses wanting to know what competitor executives are upto.