Wednesday, June 30, 2010

Google Is Either A Victim Or Accomplice To Illegal SEO Activities In India

Ever since the cyber law of India has been amended through the information technology amendment act 2008 (IT Act 2000), Indian cyber law has become a draconian tool in the hands of Indian government and its agencies. Indian government is censoring and controlling information that it considers to be controversial.

The bigger question is whether Google is helping India in this illegal and unconstitutional exercise of Indian government or private persons or organisations working for the Indian government? The answer definitely seems to be yes though it is still not clear whether it is “intentional” or “without knowledge” of the Google? But with so many news items and Blog posts musing about this fact, it is difficult to believe that Google is not aware of this situation.

Another aspect that is presently operating in India is unethical and illegal search engine optimisation (SEO) activities. It seems a combination of censorship and evil search SEO is openly and fearlessly operating at Google’s platform in general and Google India in particular. Google is definitely aware of this phenomenon yet it has still not reacted in any manner. This is lessening the trust and respect of users in Google.

The latest in the series is a constitutional analysis by Praveen Dalal of the proposed National Identification Authority of India Bill 2010 (Bill) proposed by the unique identification authority of India (UIDAI). This exclusive analysis in India has discussed the positive and negative aspects of the Bill that is meant to provide legitimacy to the Aadhar project of India or UID project of India. However, from the very beginning it has been dumped so deep into Google news database that it could not find its genuine and appropriate place. This is due to the unethical SEO activities happening at Google India

The Nandan Nilekani led Aadhar project and UIDAI is unconstitutional as it is neither supported by any law nor it has any safeguards for protecting civil liberties of Indians. With suppressing the public inputs and suggestions, it is just proving the points raised therein.


Aadhar Project Of India Must Be Suspended And UIDAI Should Be Dissolved Till Proper Laws Are In Place

Pritesh N Munjal

Now it is settled that the aadhar project of India and UIDAI are not legally constituted authorities, they being illegal and unconstitutional bodies is well settled. None can now doubt that the all important Aadhar project is now managed for the benefits of private individuals without any public interest element for the benefit of Indians.

Further, the unconstitutional nature of aadhar project and UIDAI is also further aggravated with its proposed amalgamation with endemic e-surveillance projects like National Intelligence Grid (Natgrid), Crime and Criminal Tracking Network and Systems (CCTNS) Project Of India (CCTNS Project), etc that confers tremendous and unregulated powers in the hands of Indian government and its agencies.

Further, in the absence of any privacy law, data protection law and other similar laws, these powers become draconian. The cyber law of India, incorporated in the information technology act 2000, has already been made e-surveillance friendly and cyber crimes friendly.

In similar circumstances, the Natgrid project has been stalled after civil liberty experts objected to its continuance on similar grounds. In fact, demands for scrapping aadhar projects have been on rise.

Time has come to suspend the aadhar project of India and dissolve the UIDAI till proper laws are in place.

What Is Ailing The Aadhar Project Of India And UIDAI?

Ram K Kaushik

A constitutional analysis of the Bill proposed by the UIDAI Chairman Mr. Nandan Nilekani and analysed by Praveen Dalal has revealed that both the UIDAI and Aadhar project of India are still unconstitutional.

The Human Rights Centre of India has been keeping a close eye upon unconstitutional projects like Aadhar, Natgrid, CCTNS, etc and providing its valuable inputs and suggestions from time to time. This analysis is the latest of this series.

After much protest by civil liberties experts, the UIDAI was forced to propose the Bill that although very good for administrative purposes yet miserable for civil liberties purposes.

It is surprising that both Aadhar project of India and the UIDAI are operating without any law empowering them to act.

This is strange as the Indian government has deemed it fit to confer extreme powers in the hands of an authority that does not exists in the eyes of law.

Further, due the controversial nature of the work assigned to UIDAI, civil liberties violations are bound to arise in future.

UIDAI And Aadhar Project Of India Has Still To Cover A Long Way

Catherine Fernandes

A constitutional analysis of the Bill by Praveen Dalal claims that both the UIDAI and Aadhar project of India are still unconstitutional. Praveen Dalal is also the founder of the first Human Rights Centre of India.

According to the analysis, neither UIDAI nor Aadhar Project of India is legally supported by any law. Even the proposed Bill would also take some time before it can come to the rescue of UIDAI.

So much so that even if the proposed Bill becomes an effective and binding law today itself, it is far from being a law respecting the civil liberties of India.

Fundamental rights like right to privacy are at great stake due to the proposed Aadhar project. To aggravate the position, the aadhar project would combine its database with national census, Natgrid, CCTNS, etc.

This would not only violate the civil liberties of Indians but would also make India an e-police State and endemic e-surveillance society.

The Bill is, however, a good administrative scheme as per the analysis and it enhances the transparency, accountability and fairness for the dealings of UIDAI.

The Proposed Bill By UIDAI And Aadhar Project Would Not Protect Civil Liberties

Gunjan Singh

A constitutional analysis of the proposed National Identification Authority of India Bill 2010 (Bill) by Praveen Dalal claims that both the UIDAI and Aadhar project of India are far from being constitutional.

The proposed Bill fails to provide safeguards regarding violation of civil liberties of Indians and it incorporated many verbatim provisions of cyber law of India, i.e. information technology act 2000.

The main objective of the Bill is to streamline the administrative aspects of Aadhar project and UIDAI. Till now both Aadhar project and UIDAI are not supported by any legal framework.

In fact, the Bill would take many months/years to become final and enforceable law. Till the Bill becomes an enforceable law, no legal sanction can be attributed to it.

In short, as on the date of writing of this article and many subsequent months, both UIDAI and Aadhar project of India would be spending hard earned public money without any statutory right to do so.

Needless to mention is that this expenditure would be primarily incurred for the purpose of violating civil liberties of Indians. It seems to be “double jeopardy” to me.

Mr. Nandan Nilekani Your Aadhar Project And UIDAI Is Still Unconstitutional

Kunal Koel

A constitutional analysis of the proposed National Identification Authority of India Bill 2010 (Bill) by Praveen Dalal has revealed that both the UIDAI and Aadhar project are still “unconstitutional”.

The analysis has claimed that the Bill is still not a valid piece of legislation till it is approved by both the Houses of the Parliament, receives President’s assent and then finally notified in Official Gazette by the Government of India.

The analysis also reveals that the Bill never intended to provide adequate safeguards for protection of civil liberties in India.

The analysis came as a part and parcel of the project managed by him and known as Human Rights Protection in Cyberspace (HRPIC). This is the exclusive Human Rights Centre in India that is analysing various issues, including matters pertaining to UIDAI and Aadhar project.

The analysis also claims that the proposed Bill also has many positive features that if supplemented with good privacy and data protection law may go a long way in clearing legal hurdles for the UIDAI.