Computers, Privacy & the Constitution

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RahulWadwaFirstPaper 3 - 26 Apr 2015 - Main.EbenMoglen
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Aadhaar: Digital India's Shaky Foundation

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 One wonders about the true motives of the government when it went ahead and implemented the project through executive order despite the idea being rejected by Parliament in the first place. There was not even an attempt to modify the bill for approval. This also raises questions of constitutional validity. Then one wonders what the public does not know about the program that inspired the formerly harsh Aadhaar critic, the BJP party, to suddenly forget its campaign promise to scrap the program and, now in power, order it to be fast-tracked.

The motives for the program may in fact be genuine. However, until proper legal safeguards are in place, the potential for abuse is high.

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What is the essay's point? The UID is. I met with Nandan Nilekani before the project began; my law partner, Mishi Choudhary---also the executive director of SFLC.in---was in regular touch with him while he was still in government. We work with the Modi government closely now. I don't think any of your information is inaccurate, and for someone who is not involved in the issues, your basic account is mostly useful. (The statement that the UID is a portal to the Internet is misleading. Justice Puttaswamy comes out of nowhere, and his extrajudicial opinions are merely that, etc.) But when it comes time for the essay to express an idea, the only one on offer is vague non-specific worry that might as well be attached to any other national identification scheme in the world. Something that no effective networked society can be without, and for which no perfect set of arrangements optimizing all trade-offs in all directions can exist might be a problem? Surely, from all the thoroughness of preparation, something more by way of your own idea can be produced.

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Revision 2r2 - 06 Mar 2015 - 12:04:20 - RahulWadwa
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