Narendra Modi Government Plans To Scrap Aadhar As Per Experts Recommendations

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBThe future of Aadhaar project was never bright but the Congress government kept on pushing the same despite various constitutional and legal infirmities. Techno legal experts like Praveen Dalal have been warning since 2010 against the use of Aadhaar for various purposes as the project has no legal backing. In fact, Dalal has recommended scrapping of Aadhaar project way back in 2010 and accepting this suggestion could have saved crore of Indian money that was wasted unnecessarily.

Now we have to see whether Narendra Modi government would continue with Aadhaar project or scrap the same. Cjnews India has reported that the centre plans to scrap Aadhaar project as per suggestions of experts like Dalal. Thus, it is safe to presume that in the coming budget session of the parliament no fund would be allocated to Aadhaar project.

Indian economy is facing inflation and sluggishness for long and it makes no sense to waste even a single rupee upon an illegal and unconstitutional project like Aadhaar, opines Dalal. The Narendra Modi led Government must not allocate any further financial resources to Aadhaar and instead use the same for the growth and development of India suggests Dalal.

The Constitutional Validity of Aadhaar Project has already been questioned in the High Courts and Supreme Court of India. The Supreme Court has even held that Aadhaar Card/Number cannot be made mandatory for availing public services in India. The Supreme Court has also prohibited UIDAI from sharing biometric data with Indian Government Agencies without data owner’s consent. Even a Parliamentary Committed rejected the proposed National Identification Authority of India Bill 2010 finding it “Inadequate and Unsuitable”, informs Dalal.

In these circumstances continuance of Aadhaar project would be a big mistake. As the UIDAI has no legal backing, a decision would soon be taken to scrap it and in its place the entire exercise would be handed over to the National Population Register (NPR), which will not only provide Unique ID number to a person but also establish bonafide citizenship. However, the NPR exercise has its own “Demerits and Constitutional Issues” and they must be resolved first, warns Dalal. Simply merging of Aadhaar and NPR biometric data is not a sensible option, suggests Dalal.

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Cyber Security For Banking Industry Of India

Cyber Security For Banking Industry Of IndiaInformation and communication technology (ICT) related issues have not been managed properly in India by many successive governments. Whether it is regulatory frameworks or policy level decisions, ICT has not been given its due credit. As a result we have laws like cyber law and telegraph law that are fit to be repealed. Not only this, we have pathetic cyber security in India that makes almost everything vulnerable to cyber attacks and cyber crimes.

As per the Cyber Security Trends and Development in India (PDF), Indian cyber security needs a complete overhaul. The research report outlines the apparent and possible cyber threats to Indian computer systems and critical infrastructures, including to Indian banks. With the growing use of technology for banking business, technology driven crimes have also increased. There is an urgent need to ensure cyber security of banking sector of India on a priority basis.

The cyberspace landscape of India is fast changing. India has been stressing for use of e-governance for delivery public services. With increasing use of e-governance in various fields, banking related services would also be managed in an online environment to a greater extent. Indian banks have invested very poorly in the fields like cyber security, cyber forensics, e-discovery, etc. Thus, cyber incidences are neither detected nor properly reported to the relevant Indian authorities. This would raise complicated cyber law issues in the near future. Even regulatory compliances under the new Companies Act, 2013 would increase cyber obligations on the part of companies and their directors.

As on date we have no global cyber security treaty and international cooperation in the field of cyber security is still missing. The cyber security issues for Narendra Modi government would also not be easy to mange. Let us see how Modi government would make the cyber security of banks in general and India in particular more robust and effective.

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Aadhaar Must Be Scrapped Immediately Opines Praveen Dalal

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBSome believe that an Aadhaar card is a useful identification document while others abhor it. Whatever the case may be but the Aadhaar project was never implemented in a legal and constitutional manner. From the very inception, Aadhaar project was an illegal and unconstitutional project. However, Indian government was well committed to continue with this project despite many protests and earnings.

One of the early, stern and incessant opposers of the Aadhaar project is Praveen Dalal who was the first one to demand for scrapping of Aadhaar project. Dalal claimed that the UIDAI must not use public funds till provisions regarding the same are incorporated in the law to be formulated by Parliament of India. He also maintained that Aadhaar project must be scrapped till a constitutional law supporting the project is in place as it is a fraud against the constitution.

Surprisingly our political parties did not find it offensive and they kept mum on this issue. This helped the Congress government to continue with the illegal and unconstitutional Aadhar project.

According to Dalal, “The Aadhaar Project is the most “Obnoxious” and “Evil” Project that Indian Government has been pursuing till now. In my personal opinion, the very foundation of Aadhaar Project is based upon “Lies and Deception” and this Project should have been “Scrapped” long before. However, the previous Government not only deliberately kept this “Illegal and Unconstitutional Project” alive but also wasted crore of “Hard Earned Public Money” on a Project that is clearly Illegal and Unconstitutional. Narendra Modi “Must Scrap Aadhaar Project” as well along with the Cabinet Committee on UIDAI, recommends Dalal.

Fortunately, the Constitutional Validity of Aadhaar Project has been questioned in the High Courts and Supreme Court of India. The Supreme Court has even held that Aadhaar Card/Number cannot be made mandatory for availing public services in India. The Supreme Court has also prohibited UIDAI from sharing biometric data with Indian Government Agencies without data owner’s consent. Even a Parliamentary Committed rejected the proposed National Identification Authority of India Bill 2010 finding it “Inadequate and Unsuitable”, informs Dalal.

It is high time for Modi government to scrap Aadhaar project as much public resources and money have already been wasted upon this useless project.

Source: Techno Legal News.

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International Cooperation For Cyber Security Is Urgently Needed Says Praveen Dalal

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBIt is very difficult to manage cyber security issues these days as they are truly international in nature. A cyber criminal residing in one country may cause damage to computer systems of another nation with great ease. At times the intrusions are so sophisticated that they are not detected for years. The present era belongs to sophisticated and state sponsored malware that can perform their tasks in a covert and stealth manner.

Even if the cyber criminal is traced back to a particular location, it is very difficult to punish him for the cyber wrong as authorship attribution is very difficult to prove for sophisticated cyber incidences. The semi anonymous nature of Internet and use of encryption and anonymous technologies can mask the origin of cyber attacks to a great extent. Thus, international legal issues of cyber attacks are not easy to manage.

In these circumstances International Cyber Security Cooperation is need of the hour says Praveen Dalal, managing partner of ICT law firm Perry4Law. The “Real Problem” is that we have no “Internationally Acceptable” Cyber Security and Cyber Law Treaty, says Dalal.  In the absence of such “International Harmonisation”, the documents like Tallinn Manual are “More Problem than Solution”, opines Dalal.

The Tallinn Manual on the International Law applicable to International Cyber Warfare Attacks and Defence is “Premature” and “Undesirable” at this stage when we have no “Universally Acceptable” Cyber Law and Cyber Security Norms. Jumping at the Apex without sorting out the controversial issues existing at the Ground Level is a bad idea and NATO has exactly done so, says Dalal.

“The Tallinn Manual effort is Significant as it is the first Coordinated and Collaborative effort in the direction of tackling the menaced of Cyber Warfare at the International Level. However, this effort of NATO is also “Highly Risky” and “Pre Mature” as “International Consensus” is not an essential part of this effort”. Countries and Stakeholders may raise objections against the same and refuse to be bound by the same as well, opines Dalal.

In fact, Russia has already raised an objection against the Tallinn Manual and more may join this protest very soon. According to Russian experts, while Russia is trying to prevent militarisation of cyberspace by urging the international community to adopt a code of conduct in this sphere, the United States and its allies are already agreeing the rules for prosecuting cyber warfare.

The legal position seems to be that as on date we have no globally acceptable cyber security legal norms that can be adopted by various nations. This would create problems for international fight against cyber crimes and cyber attacks and something must be urgently done in this regard by international cyber security community.

Source: Ground Report.

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Cyber Security Issues For Modi Government

Cyber Security Issues For Modi GovernmentThe cyber security matters require tremendous capabilities and expertise to manage as cyber attacks and cyber crimes have become very sophisticated these days. Cyber attacks have also become transnational in nature where foreign jurisdictions and foreign individuals are involved in most of the cases. In many cases, cyber warfare and cyber espionage incidences are state sponsored and nations are behind the same. But it is very difficult to prove the same in the absence of clear cut authorship attribution.

By its very design, cyber security is international in nature. The international legal issues of cyber attacks and cyber security are complicated to manage. We need international cooperation in cyber security to effectively manage the same. However, at the same time cyber security must be developed at the national level as well. Keeping this in mind, we need both offensive and defensive cyber security capabilities for India.

As cyber security breaches are increasing world over, both national and international stakeholders must deliberate upon this issue. The sooner this is done the better it would be for the cyberspace at large. Indian cyberspace must be protected on a priority basis but this would create many techno legal cyber security challenges before the Narendra Modi government.

The government must keep in mind that cyber security of e-governance services in India and her cyberspace must also be ensured before public delivery of services in India are shifted to e-governance mode, suggests Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law. Malware like Stuxnet, Duqu, Flame, Uroburos/Snake, Blackshades, FinFisher, Gameover Zeus (GOZ), etc are serious security threats to Indian cyberspace, warns Dalal.

Cyber security of banks in India is also required to be upgraded. Similarly, illegal and unconstitutional projects like Aadhaar must also be scrapped as soon as possible as they increase unnecessary burden upon the exchequer and cyber security infrastructure of India, suggests Dalal.

The cyber security issues for the Modi government would not be easy to manage keeping in mind the messed position of Indian cyber security. However, Modi government is also open to engage private people to expand its expertise and this may change this sad cyber security position very soon.

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