Thread by @prasanna_s

#Aadhaar hearing. Bench about to reassemble. Kapil Sibal to continue arguments for some of the Petitioners.

KS clarifies his point on 8 (3)(c) and says it is 'completely wrongly drafted' with respect to "alternatives"...because for authentication, according to defintion, there is no scope for alternatives.

Sikri J and Khanwilkar J are not so sure. Insist there are alternatives available. (Me thinks: Totally unnecessary and irrelevant discussion).

Justice Bhushan joins and says alternatives are perhaps to 'double check' and KS agrees.

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..

...has got nothing to do with identity. Both agree though that this debate is more political than legal and leave it at that.

DYC J points out that the definition of identity info is inclusive and not exhaustive. Says Act contemplates something else other than...

...demographic and biometric info as identity info. KS says he does not disagree but wants to know what they are. That is that.

KS moves to his second submission.

KS says Israel is the only other country in which even a remotely similar central id system exists.

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.

KS reads different ways of auth.
- Biometric
- Demographic
- OTP

KS says most jurisdictions that have biometric id have biometrics in the smart card encrypted so that it cannot be stolen.

But says he is not questioning a policy decision. Only constitutionality.

Says how UK scrapped the Identity Cards Act.

KS now moves to give his interpretation of S 57. Says S 57 gives the option to use aadhaar card for eatablishing his identity and that such individual cannot be prevented from doing so by anyone.

Bhushan J and DYC J are not so sure. Sikri J also has doubts.

KS says if S 57 is interpreted to empower private parties to insist on Aadhaar, it is seriously unconstitutional and therefore is canvassing an 'innocuous' interpretation as described by Sikri J.

Bhushan J vehemently disagrees with KS. Atleast for the moment.

DYC J and Sikri J...point out that the Govt seems to construe it as empowering other bodies to insist on Aadhaar.

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 further points out to KS the proviso to S 57 indicates that use means use by third parties. KS disagrees that proviso has that effect.

DYC J is still not sure of KS's interpretation.

KS moves to the next submission. Says that possibilty of misuse by private parties is a serious infringment of constitutional rights. No assurance against such misuse.

Clarifies that he is not talking about abuse by state, which is not a ground of challenge... but a different

...case here. The misuse is by pvt players.

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).

KS hands over a note. Lists some of the applications that use personal sensitive data.

Specifically discusses "Mood Panda" and FitBit.

KS reads his note on the difference between data and metadata.

Data is content.
Metadara is info about the communication, minus the actual content of the message.

Reads on says enough of metadata can reveal a lot about the content or the data and that it is a mistaken belief that metadata alone reveals too little to be compromising of secrecy of data or privacy.

KS says aadhaar now is linked to every journey when irctc links it. Same thing with airlines.

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

..state. DYC J in a discussion with Sikri J. Khanwilkar J in a separate discussion with CJI.

KS reiterates that this is not just misuse by State but making citizen vulnerable that is the problem. No State has the right to make any citizen feel vulnerable.

Sikri J asks about frequent flyer miles and airlines tracking the journeys.

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..

...and says he honestly did feel it was scary.

Laughter allround. KS says he envies DYC J because he hasn't been to a chinese dinner as a couple in a long time.

KS hands over another technical note on Aadhaar.

Lists and explains certain features.

1. Centralisation.
- 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.

DYC J says it is only a statement of care and is not an admission of vulnerability. KS agrees. Says there are no sageguards.

KS says he knows the author of the paper Dr. Anand very well.

2. Opaqueness of foreign technologies.
- 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.

3. Leakage of biometric data completely compromises the system. Already compromised and evidence before this Court.

4. Leakage of biometrics affects criminal trials, says KS.

5. Aadhaar system vulnerable to Man In the Middle Attacks.

- 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

Bank 'scam' he says).
- ISPs
- USB connector cables used by enrollers etc.
- AUAs
- ASAs.

The fact that these MITM attacks are possible is acknowledged by UIDAI.

6. Parallel databases and black market. Eg. SRDH data being available in the open and not secure.

7. Aadhaar compromises spatial privacy. Possible to capture location.

KS says there is absolutely no safeguard against anything.

Also says Aadhaar vulnerable to corporate espionage attempts...businesses wanting to know what competitor executives are upto.

KS reiterates the enrolment rejections ratio. And says how manual adjudication on those rejections happens without following principles of natural justice. Another source of lack of integrity.

KS says next source of lack of integrity is the possibility and proof of recent replay attacks. Says absolutely not possible to prevent these.

KS says Aadhaar denies equal treatment under the law. Says unequally affects aged people and other vulnerable sections whose biometrics change fast. Completely irrational choice of technology.

KS asks how is it going to work in hinterlands of WB and Odisha and says CJI knows better. Asks again how a European concept is thrust upon Indian people. (Me thinks: Recolonisation may not have been a hyperbole here).

Bench rises for lunch. No Constitution Bench in the second half today. To continue tomorrow morning.