Professional Documents
Culture Documents
FIXING IDENTITY:
A SOCIO-HISTORICAL ANALYSIS OF STATE PRACTICES OF
IDENTIFICATION MEDIATED THROUGH
TECHNOLOGIES OF THE BODY
Travis Hall
Program in Media, Culture, and Communication
Department of Media, Culture, and Communication
UMI 3567278
Published by ProQuest LLC (2013). Copyright in the Dissertation held by the Author.
Microform Edition ProQuest LLC.
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ii
ACKNOWLEDGEMENTS
To say this project would not have been possible without the help
and support of a veritable village is an understatement, and the people
who made this dissertation possible are deserving of much greater
accolades and gratitude than I am going to be able to express here.
First, I would like to thank Helen Nissenbaum for being a steadfast
advisor and then chair of my dissertation committee. I quite literally
would not be the scholar I am today without her guidance,
encouragement, and support. The generosity she has shown with her
resources and the doors she has opened for me has been humbling, and is
an inspiration as to the kind of advisor I would like to become in the
future. She has given me both carrots and sticks, and I have needed each
to get through the project.
I want to express my heartfelt thanks to Ben Kafka for being a solid
rock that I could always rely on in my darker moments, and one of the
most insightful readers and conversation partners I have had. Ben has a
unique talent for seeing the conceptual diamond in the rough, and
bringing it out polished and concise as if it had always and obviously been
there. My work has been significantly smarter and more rigorous from
his involvement.
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coolest pen and research tool ever. Charlton MacIlwain was the best RA
appointment I could have asked for, although I still have to fake my way
through quantitative methods. Alex Galloway, Allen Feldman, Ted
Madger, Ian Kerr, and Terrence Moran have all had a lasting and positive
impact on my work.
Keeping with my department at NYU, I want to give a particularly
loud and raucous shout-out to my cohort: Hatim El-Hibri, Marissa Dennis,
Sarah Stonbely, May Farah and Scott Selberg. You guys are awesome, and
Im so glad to have gone through the process with you. It would take
pages to go through everything and every way you helped me out, but I
hope that you know that I couldnt have done it without you. Your
families deserve thanks as well for letting me crash your lives on a regular
basis- Scott, Kale, Asher, Tania, John, George and baby Annie, you are
extended family for me. Solon Barocas is way too humble for the rock star
status he is going to achieve, and the same goes for Matt Powers. I think
its quite the feather in my cap that you both came to NYU, and I take full
credit. Max Liboiron is too much fun to have her research be so
depressing, even though I think it might be the most important work to
come out of our department. Robert Wosnitzer read my proposal and
gave amazing feedback. Everyone else in the cohorts that came before
and after me (Carolyn, Alice, Marco, Rochelle, Wazhmah, Tima, Jessica,
Cynthia, Paul, Magda, Naomi, Jamie, Kate, Patrick, Jacob, Kari, Liz,
Tamara, Lana, Beza, Aaron, James, Luke, Carlin, Ekin) have all been just
wonderful as well, and made the experience richer for their part.
Mary Taylor deserves her own line, because she is just that nice and
helpful.
I want to extend my gratitude to the amazing staff at the U.S.
Holocaust Museum archives for guiding me in my inept first attempts at
research, and for pointing me in all the right directions. Johnathan
Zimmerman provided excellent feedback on early versions of this chapter,
and Frederico Finchelstein taught the class that launched this part of the
project.
Special thanks go to Sarah Soliman for not only reading my chapter
on the DoDs biometrics program, but actually making the most
significant research moments happen. Her thoughtful advice, and
openness with her impressive connections and experience, made this
chapter possible. I want to thank Min Chong, John Woodward, Jr., Lt. Col
Thomas Pratt, Robert Manning, Paul Meehan, Christopher Miles, and
Stephen Cargo for explaining the militarys biometrics programs to me. A
huge thanks also goes out to Mike Kritikos for walking me through
military jargon and what a grunts-eye view looks like. David MurukamiWoods, Torin Monahan, Peter Adey, and Emmeline Taylor all provided
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Delhi, Hyderabad, and Bangalore offices for their time and patience with
my questions. Reema Gupta was a gracious host at the International
Business School in Hyderabad and a fun travel companion, and the
students and staff at the International Business School were beyond
accommodating, particularly Arun Kumar, Lalita Reddi, Ramdurga
Sekhar, and Varun Parwal. Special thanks to Rahul Ahluwalia for
welcoming a random stranger in his dining room out for dinner, drinks
and philosophical conversation with his erudite and entertaining friends.
Malavika Jayaram helped provide on-the-ground details about criticism of
the project as well as a hilarious book on the subject. Thanks also to the
staff at Mother NGO for walking me through their humanitarian work
and the connections to the UID. I hope their kitten is doing well.
The final stages of my research were made possible by the Presidio
Multidisciplinary University Research Initiative grant, of which I am
thankful to have been a part. Allison Garforth was instrumental in
helping to administer the grant and walk me through the particulars of
the paperwork, and for getting a better camera than I asked for. Thanks to
the staff at NYU-DC and the staff of the Global Research Initiative for
providing a home for me for the final stages of writing. The National Day
Laborers Network, the Center for Constitutional Rights, and the Open
Society Foundation provided an opportunity to put my research to
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Uncle Roger, Melissa, John, Luke, Emma, Aunt Barbara, Uncle Jim,
Chris, Stephanie, Michael, Rory, and Violet- you have all been amazing in
your love and support. Chigusa, it is great to finish parallel with you- we
did it!! Mike, I look forward to welcoming you to the family in June.
Tabitha, youre awesome, and are actually changing kids lives. I couldnt
be prouder. Mom and Dad, you have been unwaveringly supportive and
wonderful.
LIST OF FIGURES
108
117
Figure IV-2: BIMA graph showing spectrum from Blue to Red with a thin
strip of Gray 154
Figure IV-3: USCENTCOM Venn diagram showing that the majority are
gray 154
Figure V-1: What Aadhaar Is and Isn't
191
Figure V-2: Posters from the UIDAI Technology Center in Bangalore, India
213
Figure V-3: Select screenshots from Aadhaar: A Short Film by Carrot
Communications 215
Figure V-4: Part of an NPR promotional pamphlet
217
231
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LIST OF ACRONYMS
In order of appearance in the manuscript:
UDIAI
STS
UID
NPR
BIMA
FBI
DHS
DoD
CCTV
BMO
BFC
BATS
BISA
Iraqi AFIS
HIIDE
BTF
ABIS
NGIS
RMA
COIN
IED
USCENTCOM
NRC
IDF
MHA
RGI
BPL
POI
POA
NGO
CIDR
PDS
FPS
MNREGA
ACSAC
xii
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
III
LIST OF FIGURES
XI
LIST OF ACRONYMS
XII
Methodology
11
Chapter Summaries
19
25
Process-ing
25
28
43
59
66
69
88
108
117
122
xiii
Competing Doctrines
137
147
168
171
Identity in India
176
197
212
224
227
227
236
BIBLIOGRAPHY
241
xiv
CHAPTER I
INTRODUCTION:
IDENTIFICATION AND THE STATE
Sorry, I'm a bit of a stickler for paperwork. Where would we be if we didn't follow
the correct procedures?
-Sam Lowry, Brazil
Undocumented
I would like to begin my dissertation with a simple thought
experiment. What if, through some kind of dictatorial or democratic
decree, governments were not allowed to identify anyone? No ID cards,
no fingerprinting, no passports, no serial numbers, no birth or death
certificates. What would happen?
First, society would not collapse. Identification as we currently
understand it is much too young, only a bit over a century or two years
old depending on how you want to measure it, and lack of any stable
form of identity documentation is the norm in what Partha Chatterjee calls
most of the world, i.e. the poor of the global south, and yet life and
Partha Chatterjee, The Politics of the Governed : Reflections on Popular Politics in Most of the
World, Leonard Hastings Schoff Memorial Lectures (New York: Columbia University
Press).
1
Charles Kenney, "The Case for Big Brother," Foreign Policy, March/April.
IEEE, "Certified Biometrics Professional Learning System: Module 5 Social, Cultural and
Legal Implications," ed. IEEE (Eagan, MN).
4 Biometrics, according to the International Organization for Standardization and the
International Elecrotechnical Commission (the standards bodies governing biometric
technologies internationally) is the automated recognition of individuals based on their
behavioral and biological characteristics. This includes technologies such as facial
recognition, fingerprinting, gait, and signature recognition, among others. ISO/IEC,
"Information Technology- Vocabulary- Part 37: Biometrics," in JTC 1 (ISO/IEC).
3
John C. Torpey, The Invention of the Passport : Surveillance, Citizenship, and the State,
Cambridge Studies in Law and Society (Cambridge [England] ; New York: Cambridge
University Press).
5
system and take what is not allocated to them. As qualifications are added
food can only be given to citizens, and only those citizens earning below
a certain income, and only in particular groups defined by disadvantage
or vulnerability- additional layers of surveillance are required.
Identification technologies developed for criminals followed a similar
evolution. In order to levy more lenient sentences against first time
offenders, those without a criminal record had to be separated from
recidivists. Once this stage of early identification techniques was fully
implemented, it uncovered an epidemic of recognized recidivists. This in
turn caused an unanticipated shift for the field from focusing on leniency
for those who deserved it to exposing those who did not.6 Establishing
who merits life, help, and assistance inevitably involves a separation
from- and creation of - categories of individuals who are not.
The problem with universal truisms is that they remain such only
when maintained in the abstract when they are broad and simple enough
to remain outside the necessary exceptions and messiness of praxis. That
the abstractions of governance force the obscuring of difference and
nuance, to the potential detriment of both the subjects and projects of the
state, is a well-trod path of inquiry.7 It is also a well established argument
Simon A. Cole, Suspect Identities: A History of Fingerprinting and Criminal Identification
(Cambridge, MA: Harvard University Press), 29-31.
7 James C. Scott, Seeing Like a State : How Certain Schemes to Improve the Human Condition
Have Failed, Yale Agrarian Studies (New Haven: Yale University Press).
6
10
Methodology
Questions of methodology are essentially questions of ethics: what
constitutes legitimate sources of knowledge; in what manner does one
ensure that truth has been rigorously sought; are there biases (cultural,
personal, temporal, etc.) that can be excised or taken into account?
Disciplines provide a kind of shorthand for normative stances in these
debates, with formal methodological tools being the granular precepts of
the disciplines respective epistemological maxims. What then does it
mean to approach a topic in an inter-disciplinary manner (as I am
inclined to do, both in training and temperament)? In part, the
advantages are clear; shrugging off disciplinary bounds enables the use
(and abandonment) of formal tools as they are useful, not as ends-inthemselves. More importantly, in taking an interdisciplinary approach I
11
do not intend to abdicate from the ethical issues of research and the
creation of knowledge. I find it necessary to deploy the theories of Media
Studies on objects that do not fit most definitions of media, the tactics of
historical research on scenarios that are still unfolding, and the insights of
Science and Technology Studies (STS) while abstaining from their
methodological approaches.
While I am hardly alone in this approach (the field which I am
trained in, Media Studies, is nothing if not inter-disciplinary), I think it is
important to be explicit in what I mean by claiming an interdisciplinary
methodology. I take seriously Jill Scotts argument that eclecticism
(another word for inter-disciplinarity) is often used to smooth over the
fundamental differences between disciplinary approaches and serves to
camouflage the scholars normative stances.11 Scott explicitly states that
she is by no means opposed to recombination, hybridity, or bricolage
(which she argues can be quite productive), but that she is opposed to
the coexistence of conflicting doctrines as if there were no conflict, as if
one position were not an explicit critique of another [whose] aim is to
ignore or overlook differences, to create balance and harmony, to close
down the opening to unknown futures. My donning of the mantle of
inter-disciplinarity is not for the creation of harmony out of dissonant
Scott, Seeing Like a State : How Certain Schemes to Improve the Human Condition Have
Failed.
11
12
doctrines, but rather because I believe that the questions I pose cannot be
answered easily within disciplinary boundaries.
My methodological tools focused primarily on archival research
and the analysis of publicly available documents, supplemented by
interviews when possible. I spent a summer at the U.S. Holocaust
Museum studying their archives and secondary sources. I attended
biometrics industry events and interviewed both producers and
consumers of the technology. I researched the U.S. Militarys biometrics
programs though publicly available documents and congressional
hearings and reports, and interviewed current and former members of the
biometrics agencies in both the public and private sector. I supplemented
this research with documents and interviews with the staff of the Federal
Bureau of Investigation (FBI) and the Department of Homeland Security
(DHS), as these agencies are currently working with the Department of
Defense (DoD) to create an interoperable biometric database. I spent two
weeks in India traveling to Delhi, Hyderabad and Bangalore to visit and
interview the leadership teams of the regional, national and technical
offices of the Unique Identification Authority of India (UIDAI). I
interviewed individuals in private industry and the non-profit sector
regarding the identification programs, and visited a community clinic and
homeless shelter that were actively involved in enrollments. I also read
13
the marketing and technical documents made public by both the UIDAI
and its competing program, the National Population Register. I
interviewed and read published works of critics of both the UIDAI and
DoD programs.
The way in which I approached these archives and interviews was
tempered by theoretical considerations taken from a broad range of
scholarship. To start, I attempted not to take the content of the archives as
the only source of research, but to also read along the archival grain, as
elegantly put by Ann Stoller. In other words, I plan to take the archive as
both site and object of research.12 I feel that this is particularly important
as the archives I studied contain records regarding decisions about
biometric technologies, as well as archives of the actual biometrics
themselves (fingerprints, faces, tattoos, etc.). Biometrics is a technology
that creates an archive of itself. Not attempting to read the grain of
these records would be to miss a primary source of embedded power
relations. This meant understanding how biometric technologies work
both in terms of the artifacts themselves, as well as the policies dictating
their usage. In order to properly read the grain of the biometrics
programs, I became an IEEE Certified Biometrics Planner, passing a
rigorous test on the standards, protocols and technologies currently used.
Ann Laura Stoler, Along the Archival Grain : Epistemic Anxieties and Colonial Common
Sense (Princeton: Princeton University Press).
12
14
See Bruno Latour, Science in Action : How to Follow Scientists and Engineers through
Society (Cambridge, Mass.: Harvard University Press); Reassembling the Social : An
Introduction to Actor-Network-Theory, Clarendon Lectures in Management Studies (Oxford
; New York: Oxford University Press).
13
15
16
17
18
Chapter Summaries
This section will summarize each of the following chapters,
highlighting both their topic and the significant takeaways of each.
Chapter II is a brief literature review and outline of my theoretical
framework. Its primary purpose is to set out some of the common themes
of the dissertation and to contextualize the concepts used in their
respective bodies of literature. This chapter should not be seen as a
19
20
21
22
not in any way to achieve their purported goals. Ultimately, they are a
symbol of the limits of U.S. military power instead of technological
superiority.
Chapter V turns to Indias Unique ID (UID) and National
Population Register (NPR) programs. These two competing but
interwoven programs goal is to biometrically register all 1.2 billion of
Indias residents. Unlike in the previous chapters, the motivation behind
this (particularly for the UID) is to assist poor and marginalized
communities, given that many of these individuals possess no forms of
identity documentation and as such face hurdles and burdens when
attempting to gain access to public goods, services, and rights. After
placing the two programs in historical context and describing their
particulars, I evaluate the potential of biometrics to actually deliver the
financial and social inclusion promised, focusing primarily on the UID. I
argue that the way in which the UIDs structure focused on fraud
eradication and a neoliberal model of development, means that it is more
likely that the program will become another hurdle of ambiguity and
arbitrary exercise of power for the poor than a means of empowerment.
This is primarily due to the impossibility of totality of the identification
program, such that there will always be individuals who remain outside
for physical, cultural, or antagonistic reasons, and who are exceptions.
23
24
CHAPTER II
MEASURED LIVES:
LITERATURE REVIEW AND THEORETICAL FRAMEWORK
Today you are You, that is truer than true. There is no one alive who is Youer
than You.
-Dr. Seuss19
The question what have you done? has now been replaced with who are you?
-Michel Foucault20
Process-ing
When the 2003 Standard Operating Procedures for the Camp Delta
prison facility in Guantanamo Bay, Cuba were leaked to the non-profit
transparency group Wikileaks in 2007, the regulation of camp procedures
became public.21 In the section entitled Detainee Processing, which
describes the steps taken after a detainee is flown to the camp, U.S.
personnel are instructed to extract, document, and file the following: a
DNA sample taken with a saliva swab, height and weight measurements,
pictures of scars and/or tattoos, prints of all 10 fingers, and five
19
Seuss, Happy Birthday to You! , Party ed., 1 vols. (New York: Random House).
Michel Foucault, Michel Senellart, and College de France., The Birth of Biopolitics :
Lectures at the ColleGe De France, 1978-79 (Basingstoke England ; New York: Palgrave
Macmillan), 34.
21
Geoffery D. Miller, "Camp Delta Standard Operating Procedures," ed. Department of Defense
(Wikileaks.org, 2003), 5.4, 6.4, 28.2.
20
25
photographs taken from set angles.22 This process can last upwards of
three hours per detainee, requiring at least two military police officers to
escort the detainee, an interpreter, a physicians assistant, and personnel
from the Federal Bureau of Investigation and the Naval Criminal
Investigation Service, as well as several Detainee Reporting Service
clerks.23 It is important to note that this did not occur in the field of battle,
or when the detainee was being released and potentially capable of future
crimes, but rather at the beginning of their indefinite detention. This
included Canadian citizen Omar Khadr, who was 15 years old at the time
of his capture in 2002 and was transferred to a Canadian prison in
September, 2012 after accepting a plea agreement.24 There are still 166
prisoners held at Guantanamo Bay, with no known release date yet set.25
I wanted to highlight the intake procedures at Guantanamo Bay not
to make a normative point, but rather to showcase the absurdity of
identification practices given the circumstances. Control over these
individuals bodies, their movement, and even their future was not really
in question, that authority was held in near totality by the U.S. officers.
And yet three hours worth of documentation was required to establish, or
22
26
rather (af)fix, the individuals identity, even for a child. This was not done
through questioning or interrogation, but through a close inventory of the
prisoners body. There is more going on here than simply a rite of
passage,26 it is instead indicative of deep-set epistemic drives and
anxieties particular to modern, bureaucratic governance. It is the
identification programs that stem from drives and anxieties, and their
effect on the subjects they would catalog or overlook, that this dissertation
will study.
In this chapter, I sketch out the theoretical framework of my
dissertation, and highlight the literature that I am building on and am in
dialogue with. The chapter is divided into three sections. In the first
section, I describe the imperatives of certain forms of bureaucratic
governance that drive increased surveillance, specifically the role of what
I call bureaucratic fantasies of universal identification. I then discuss
the issues of materiality and the role of bodies in programs of
identification, and the way in which the instability of the material
confounds and complicates government policies. I also discuss the
particular theoretical points regarding biometric technologies. In the third
and final section, I briefly discuss the way in which identification creates a
26
Erving Goffman, Asylums; Essays on the Social Situation of Mental Patients and Other Inmates,
[1st ed. (Garden City, N.Y.,: Anchor Books).
27
Benedict R. O'G Anderson, Imagined Communities: Reflections on the Origin and Spread of
Nationalism, Rev. ed. (London ; New York ;: Verso).
28 Ben Kafka, The Demon of Writing : Powers and Failures of Paperwork (New York: Zone
Books).
27
28
for inaction by both citizens and bureaucrats,29 and Michael Hull on the
central role of paperwork in constituting the state in Pakistan.30
According to Hannah Arendt, the political form known as
bureaucracy is the rule by Nobody.31 In other words, bureaucratic
governance is the systemization and standardization of the practices of
government. It is the reification of rules and regulations into forms,
paperwork, and protocols such that those who implement and execute the
day-to-day maintenance of state power are rendered mere conduits for the
institutionalized force of forms; they are Nobodies. The heroes and
villains of bureaucratic tales are those who break free of the forms through
acts of defiance or corruption.32
This hollowing-out of power from active individuals to
institutions and forms occurs not only at the level of the lowly clerk and
pencil pusher, but all the way up to the heads of state. Michel Foucault
describes these individuals as the ubu-esque a discourse or individual
can have effects of power that their intrinsic qualities should disqualify
them from having which has been [s]ince the nineteenth century, an
Michael Herzfeld, The Social Production of Indifference : Exploring the Symbolic Roots of
Western Bureaucracy (Chicago: University of Chicago Press).
30 Matthew S. Hull, Government of Paper : The Materiality of Bureaucracy in Urban Pakistan
(Berkeley: University of California Press).
31 Hannah Arendt, Eichmann in Jerusalem : A Report on the Banality of Evil, Rev. and enl.
ed., Penguin Twentieth-Century Classics (New York, N.Y., U.S.A.: Penguin Books), 289.
32 See, for instance, Ben Kafka, "The Demon of Writing: Paperwork, Public Safety, and the
Reign of Terror," Representations 98, no. Spring.
29
29
Michel Foucault et al., Abnormal : Lectures at the Collge De France, 1974-1975, 1st Picador
USA ed. (New York: Picador), 11.
34 Abnormal : Lectures at the Collge De France, 1974-1975, 1st Picador USA ed. (New York:
Picador), 12.
35 Scott, Seeing Like a State : How Certain Schemes to Improve the Human Condition Have
Failed, 3.
33
30
Michel Foucault, Michel Senellart, and Arnold Ira Davidson, Security, Territory,
Population : Lectures at the Collge De France, 1977-1978 (Houndmills, Basingstoke,
Hampshire ; New York: Palgrave Macmillan).
37 See: Michel Foucault et al., Society Must Be Defended : Lectures at the Collge De France,
1975-76, 1st Picador pbk. ed. (New York: Picador); Paul Rabinow, Marking Time : On the
Anthropology of the Contemporary (Princeton: Princeton University Press); James N.
Rosenau and J. P. Singh, Information Technologies and Global Politics : The Changing Scope of
Power and Governance, Suny Series in Global Politics (Albany, NY: State University of
New York Press).
38 Negotiations, 1972-1990.
36
31
Jonathan Sterne, The Audible Past : Cultural Origins of Sound Reproduction (Durham:
Duke University Press), 99-117.
40 Cole, Suspect Identities: A History of Fingerprinting and Criminal Identification, 24. These
physical traits were said to be accompanied by the distinctive behavioral patterns of
laziness, frivolity, and moral insensibility as well as a fondness for tattoos and a high
tolerance to pain. Despite their best efforts, neither Lombroso nor his followers were able
to find a foolproof indicator of criminality. See: Nicole Hahn Rafter, "Criminal
Anthropology: Its Reception in the United States and the Nature of Its Appeal," in
Criminals and Their Scientists : The History of Criminology in International Perspective, ed.
Peter Becker and Richard F. Wetzell (New York: Cambridge University Press; German
Historical Institute), 168; David G. Horn, "Making Criminologists: Tools, Techniques and
the Production of Scientific Authority," in Criminals and Their Scientists: The History of
Criminology in International Perspective, ed. Peter Becker and Richard F. Wetzell (New
York: Cambridge University Press), 322-33.
41 Bertillonage is named after the French police clerk Alphonse Bertillon, who devised a
complex categorization system to be used in the registering and identification of
criminals that utilized the Anthropometric measuring tools common in Anthropology
and Eugenics as well as a standard language of description. Peter Becker, "The
Standardized Gaze: The Standardization of the Search Warrant in the NineteenthCentury Germany," in Documenting Individual Identity: The Development of State Practices in
the Modern World, ed. Jane Caplan and John C. Torpey (Princeton, N.J.: Princeton
University Press, 2001), 145-48.
39
32
33
34
35
the use of fingerprints in trials is due to the fact that automated searches do not, contra
CSI, produce exact matches but rather a number of possibilities that must be viewed and
analyzed by a human technician. Cole, Suspect Identities: A History of Fingerprinting and
Criminal Identification, 261.
48 Sid Harring, "The Taylorization of Police Work," in Critical Studies in Organization and
Bureaucracy, ed. Frank Fischer and Carmen Sirianni (Philadelphia: Temple University
Press), 163-65.
49 "The Taylorization of Police Work," in Critical Studies in Organization and Bureaucracy,
ed. Frank Fischer and Carmen Sirianni (Philadelphia: Temple University Press), 165.
36
37
38
those they are assigned to help, but simply because decisions must be
made and the way in which to arbitrate these decisions is rarely clear. The
hollowing out and Taylorization of bureaucratic decision-making is
essentially an attempt to grapple with this very problem, outsourcing
choice to the techne of paperwork and regulations. The computerization
and automation of these processes is merely an extension of this, with
power and social norms being coded into algorithms and protocols.52 In
order to maintain the integrity of these processes, i.e. to prevent people
from gaming the system, the internal workings must remain opaque,
and the outcome of each interaction uncertain. And standing at each
point of uncertainty is the Nobody who is held accountable not to realworld outcomes but rather to internal logics and legitimizations, statistics
and metrics.53
This dynamic becomes more acute as the points of contact between
citizens and the state expand in number and in intensity. A growing body
of literature in Surveillance Studies documents the growing ubiquity of
surveillance tactics and technologies, particularly in the past decade.54
39
MA: Polity); Kirstie Ball and Frank Webster, The Intensification of Surveillance : Crime,
Terrorism and Warfare in the Information Age, 1st ed. (London ; Sterling, VA: Pluto Press);
Torin Monahan, Surveillance and Security : Technological Politics and Power in Everyday Life
(New York: Routledge); Richard V. Ericson and Kevin D. Haggerty, The New Politics of
Surveillance and Visibility, Green College Thematic Lecture Series (Toronto: University of
Toronto Press); Marx, Undercover : Police Surveillance in America; Oscar H. Gandy, The
Panoptic Sort : A Political Economy of Personal Information, Critical Studies in
Communication and in the Cultural Industries (Boulder, Colo.: Westview).
55 David Lyon, The Electronic Eye : The Rise of Surveillance Society (Minneapolis: University
of Minnesota Press).
56 Haggerty, "The Surveillant Assemblage."
57 Richard Victor Ericson and Kevin D. Haggerty, Policing the Risk Society (Toronto ;
Buffalo: University of Toronto Press); Stephen Graham, Cities, War, and Terrorism :
Towards an Urban Geopolitics, Studies in Urban and Social Change (Malden, MA:
Blackwell Publishing); Armand Mattelart, La Globalisation De La Surveillance : Aux
Origines De L'ordre SeCuritaire, Cahiers Libres (Paris: Decouverte).
58 Priscilla M. Regan, "Genetic Testing and Workplace Surveillance: Implications for
Privacy," in Computers, Surveillance, and Privacy, ed. David Lyon and Elia Zureik
(Minneapolis: University of Minnesota Press); James B. Rule, "High-Tech Workplace
Surveillance: What's Really New," ibid; JoAnne Yates, Control through Communication : The
Rise of System in American Management, Studies in Industry and Society [6] (Baltimore:
Johns Hopkins University Press).
40
41
42
Theodore M. Porter, Trust in Numbers : The Pursuit of Objectivity in Science and Public Life
(Princeton, N.J.: Princeton University Press), 72.
69 Roger Clarke, "Biometrics and Privacy,"
http://www.anu.edu.au/people/Roger.Clarke/DV/Biometrics.html. A wonderful art
project poigniently show
70 Terminology taken from Paul Ricoeur, Oneself as Another (Chicago: University of
Chicago Press). See for a description of various programs set up by the European
Unions Future of Identity in the Information Society Project dealing with the
68
43
Chapter 3, the effect of a numerical identity on identity of the self does not
stem from the act of assignment, but rather from the processes by which
the individual and others alter their interactions as they mediate this
construction. For example, calling yourself King is important only if you
and others alter your relationship because of the name change (either by
crowning you or throwing you into a mental institution). The relative
weight of an idem- identity on an ipse- identity should be measured not by
the technologies used, but rather the relationships that they mediate.
In order to deal with their subjects, bureaucratic agencies construct
both idem and ipse identities for their subjects due to the inevitable
outgrowth of contradictory but deeply structural drives inherent to
bureaucratic governance. The impetus of modern identification
technologies is based on structural desires for subjects that are both
perfectly predictable and perfectly traceable. Yet, the object of these
desires is unobtainable. Not only is reality inevitably too messy for state
abstraction, the desire for technologies that predict and those that trace
often work at cross-purposes in implementation. Therefore I call these
drives for technological means to perfectly trace and predict subjects
forms of bureaucratic fantasies, for while their realization is practically
relationship between idem and ipse identification: Kai; Royer Rannenberg, Denis; Deuker,
Andre, ed. The Future of Idenitity in the Information Society: Challenges and Opportunities, 1
ed. (Berlin: Springer-Verlag).
44
71
45
diachronic (the 1:1 relationship persists over time).72 The second fantasy
focuses not on the enduring individual over time and space, but rather the
degree to which an individual fits a particular pattern of behavior in a
given moment and/or place. While this form of identification can be
understood as existing under the umbrella of profiling technologies, an
important distinction needs to be made. While profiles of individuals are
often crafted over time using numerical diachronic identification, many
current biometric technologies are being developed to capture a set of
behaviors, movements or bodily traits regardless of the persons past or
future actions/behaviors. An example of this is facial detection
technology that is programmed to alert security officials if the subject is
nervous or afraid (and thus attempting to hide some kind of threat or
subterfuge). Parfit would call this form of identification qualitative; as
the subject is identified by the qualities they share with others rather than
their unique sameness to themselves.73
While confluences between these two forms of identification exist,
as mentioned earlier, qualitative identities can be built over time through
the use of numerical identification, and the empty signifier of a fingerprint
is given meaning through its attachment to categorized information built
into profiles. In practice it is becoming increasingly clear that an easy
72
73
Derek Parfit, Reasons and Persons, 3rd ed. (New York City: Oxford University Press).
Ibid.
46
47
I should note that it was only recently that DNA has been considered an actual
biometric, as the time that it takes to process the samples was too long for it to be
considered real-time, automated identification. For this reason, and also because the
programs that I studied made little use of DNA technology (at least during the period of
time that I studied them), I did not be spend much time on DNA and the particularities
of its collection and use. See, for studies of the subject: Kaushik Sunder Rajan, Biocapital :
The Constitution of Postgenomic Life (Durham: Duke University Press); Eugene Thacker,
The Global Genome : Biotechnology, Politics, and Culture, Leonardo (Cambridge, Mass.: MIT
Press); Allan D. Cooper, "Reparations for the Herero Genocide: Defining the Limits of
International Litigation," African Affairs 106, no. 422; Troy Duster, Backdoor to Eugenics
(New York: Routledge); Michael Lynch, Truth Machine : The Contentious History of DNA
Fingerprinting (Chicago: University of Chicago Press).
76
48
insiders but for program loyalists and trusting readers removed from
production of technical fact (and, I would argue, program critics).77
While advances in technologies such as location tracking and Big
Data may make profiles so powerful that idem-identities loose
importance in concerns over privacy and discrimination (i.e. your name is
irrelevant to the negative effects of surveillance, as your patterns of
behavior and location are enough to grasp you), for the foreseeable future
the creation of numerical identity will remain an important bureaucratic
tool for tracing individuals across time, space and contexts. Due to
constraints of time and necessary winnowing of scope, this dissertation
primarily focuses on technologies of idem-identification, of which
biometrics are the techne par-excellance.78
The rise of biometrics as a government tool and an industry in its
own right has led to its similar rise as an object of academic study. Of
particular note is the work of Simon Cole on fingerprinting,79 Kelly Gates
49
Gates, Our Biometric Future : Facial Recognition Technology and the Culture of Surveillance.
Breckenridge, "Verwoerd's Bureau of Proof: Total Information in the Making of
Apartheid," History Workshop Journal, no. 59.
82 Irma Van der Ploeg, The Machine-Readable Body (Maastricht: Shaker).
83 Magnet, When Biometrics Fail : Gender, Race, and the Technology of Identity.
84 Lyon, Identifying Citizens : Id Cards as Surveillance; David Barnard-Wills, Surveillance and
Identity : Discourse, Subjectivity and the State (Farnham ; Burlington, VT: Ashgate).
85 Joseph Pugliese, Biometrics : Bodies, Technologies, Biopolitics, Routledge Studies in
Science, Technology, and Society (New York: Routledge); Benjamin Mller, Security, Risk
and the Biometric State : Governing Borders and Bodies, Prio New Security Studies (London ;
New York: Routledge).
80
81
50
The construction of what a body is and is not is itself a contestable concept, as long argued by
Judith Butler, but also now by areas of scientific study such as immunology. Judith Butler, Gender
Trouble : Feminism and the Subversion of Identity (New York: Routledge); Thomas Pradeu, The
Limits of the Self : Immunology and Biological Identity (Oxford ; New York: Oxford University
Press).
51
87
88
52
53
54
the Chimera syndrome (in which an individual has organs with DNA
from an unborn fraternal twin that does not match their own) or physical
laborers whose fingerprints have been worn away with time belie the
universal reach of biometric technologies.92 It is also impossible to escape
the problems of representation and mediation. While the enframed
materiality may hide the processes of identification, the hiccups,
misinterpretations, and corrupted data continually return these issues to
the surface.
The word biometrics has a few different definitions: the term,
initially it referred solely to the measurement of body parts for medical
purposes. Today, it also describes a constellation of technologies that
automate identification based on physiological and behavioral
characteristics, and also applies to the characteristics that are measured.
While biometrics in its original sense is still used both in practice and in
parlance, this definition bears little on conversations regarding
identification.93 That the term is used for both the technologies and
targets of identification underscores the constructed nature of identity, as
55
56
94
57
the identification assemblage, and are the moments through which the
sinews of power manifest themselves.
That identity has an underlying preformative aspect also points to
the somewhat neglected fact that identity is, fundamentally, relational.
The unstable but oft-present use of the term trust in identification
discourse is indicative of the relational basis for these programs.95 This
can be straightforward: one can be granted identity and the requisite
privileges/problems through recognition by another person. This is the
way the Unique Identity Authority of India deals with the problem of
individuals who do not have any documentary proof of identity. It uses
an introducer system, whereby trusted individuals (workers from
non-governmental organizations, local politicians, etc.) are able to vouch
for the identity of the undocumented.96 The NPR, the rival identity
authentication agency in India, takes this a step further: the final stage of
enrolling individuals in its database is making public all identities given,
which can be either verified or denounced.97 Yet even those with
documents are merely relying upon an establishment of a relationship of
David-Olivier; Benoist Jaquet-Chiffelle, Emmanuel; Haenni, Rolf; Wenger, Florent;
Zwingelberg, Harald, "Virtual Persons and Identities," in The Future of Idenitity in the
Information Society: Challenges and Opportunities, ed. Kai; Royer Rannenberg, Denis;
Deuker, Andre (Berlin: Springer-Verlag).
96 Unique Identification Authority of India UIDAI, "Uidai Strategy Overview: Creating a
Unique Identity Number for Every Resident in India," ed. Planning Commission (New
Delhi, India: Planning Commission, Government of India).
97 Department of Information Technology National Population Register, "Faqs," National
Institute of Electronics and Information Technology, http://ditnpr.nic.in/FAQs.aspx.
95
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trust, in this case that of the individual to the state agency that created the
documents, and of the state to the person requesting them. In fact, it is
possible to say that practices of identification are elaborate performances
that simultaneously create and verify the relationship between the
individual, the granter of the identity, and the identifiers. Thus the
description of identity with the triad of what you have, know or are is
inadequate, not only because it misses the ways in which identity can be
(and often is) established through performance and relationships, it places
emphasis of identity on obtaining and verifying proof of a pre-existing
object rather than on the constructive, social process of trust.
59
Giorgio Agamben, "Bodies without Words: Against the Biopolitical Tattoo," German
Law Journal 5, no. 2 (2004): 169.
99 I will discuss the particulars of Agambens concern with biometrics, and in particular
his use of the tattoo as a metaphor for these concerns, in depth in Chapter 3.
100 Torpey, The Invention of the Passport : Surveillance, Citizenship, and the State.
98
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excluding of those that are not its citizens.101 To posit that the goal of
universal identification is an unachievable fantasy is far from saying that
projects of identification have not been successful or are not powerful.
In fact, the limitations of these systems increase their potency rather
than reduce it. For while being included in a system of identification
opens the possibility of abuse by government officials or their proxies,
being excluded removes an individual from any legal or normalized
relationship with the state. As argued by Valentin Groebner, the history
of both pre-modern and modern identification is one of negation or
exclusion, and identification documents originated as integral to this
process of exception.102 Identification carves a line between the free and
the unfree on the bodies of the unfree.103 Those who are excluded
become what Judith Butler calls abject, unlivable bodies, bodies that are
not yet subjects, but who form the constitutive outside to the domain of
the subject in a very literal sense.104 To use Agambens arguments, those
who are not identified exist in the state of exception, outside of the legal
relationship with the state and thus reduced to bios (biological being),
bereft of zoe (political life).
The Invention of the Passport : Surveillance, Citizenship, and the State, 11.
Groebner, Who Are You? : Identification, Deception, and Surveillance in Early Modern
Europe, 251.
103 DuBois, Torture and Truth, 63.
104 Judith Butler, Bodies That Matter : On the Discursive Limits of "Sex" (New York:
Routledge), 3.
101
102
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105
62
63
64
always/already exceptions.
65
CHAPTER III
BODY, WHO ARE YOU?
SHIFTING EPISTEMOLOGIES OF IDENTIFICATION AND THE
AUSCHWITZ TATTOO
My number is 174517; we have been baptized, we will carry the tattoo on our
left arm until we die It seems this is the real, true initiation.
Primo Levi, Survival in Auschwitz111
The tattooed man is thus the one who is excluded, the one who has no meaning,
who does not belong to the system of written signifiers.
-Jean-Thierry Maertens, Le dessein sur la peau112
Introduction: The Specter of the Tattooed Number
There are many specters that haunt the technologies of biometrics;
some are fictional allegories such as George Orwells Big Brother or Franz
Kafkas bureaucratic nightmares in The Trial or The Castle, others are
historical antecedents such as anthropometry or identity badges. The
most horrific of these shades is the use of tattoos by Nazi Germany to
identify a portion of its prisoners at Auschwitz-Birkenau camp complex.
The Auschwitz tattoo casts such a long shadow over biometrics for it
Primo Levi and Primo Levi, Survival in Auschwitz ; and, the Reawakening : Two Memoirs
(New York: Summit Books, 1986).
112 Quoted in: Jane Caplan, ""One of the Strangest Relics of a Former State": Tattoos and
the Discourses of Criminality in Europe, 1880-1920," in Criminals and Their Scientists: The
History of Criminology in International Perspective, ed. Peter Becker and Richard F. Wetzell
(New York: Cambridge University Press; German Historical Institute, 2006), 337.
111
66
67
The genealogy focuses on Western Europe due to my desire to contextualize the penal
tattoo in Auschwitz, a decidedly Western European event. I am similarly not including
in my genealogy the many uses and permutations of tattooing by individuals for selfexpression, religious purposes, or tribal affiliation (all of which have a rich history in
Europe) in order to keep this chapter both of manageable length and primarily focused
on the use of identification by state bureaucracies.
113
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The term used by the Greeks and Romans was stigma or stigmata, which traces its
etymological roots to the Greek word stizein or to prick C. P. Jones, "Stigma and
Tattoo," in Written on the Body: The Tattoo in European and American History, ed. Jane
Caplan (Princeton, N. J.: Princeton University Press), 1, 4.. The term tattoo instead
comes from Captain Cooks description of the practice of Tahitian Tattows or tatau,
meaning to mark or to strike Jane Caplan, ed. Written on the Body: The Tattoo in European
and American History (Princeton, N. J.: Princeton University Press, 2000), xv.
115 Written on the Body: The Tattoo in European and American History, xi-xix. For the
purposes of this paper, I am going to rely on Caplans definition of tattoos: the
puncturing of the skin and insertion of an indelible pigment into the dermis to a depth
between .25 and .5 cm, by means of a needle or other sharp instrument Written on the
Body: The Tattoo in European and American History, 255. Thus branding, piercing, or
scarification, while still important to our discussion, remain distinct.
114
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of the use of tattoos in Greece comes from Page duBois, who, in her book
Torture and Truth, describes the way in which the torture basanos and, in
some cases, tattooing of slaves was used to produce evidence for Greek
jury trials around 500- 400 BC.116 Whereas free men were allowed to give
testimony at a trial, the statements of slaves could only be used if given
under torture.117 Once extracted, however, the testimony of the slave
under torture was consistently privileged as belonging to a higher order
of truth than that evidence freely offered by citizens.118 Similarly, duBois
describes how one slave was tattooed with a secret message from his
master on his shaved head and was sent, after the slaves hair had grown
back, with instructions that the intended receiver of the message was to
shave the slaves head.119 The slave was unaware of what the message on
his head stated; he was merely the vessel of these words.
The juxtaposition of these two stories is important, for as duBois
argues, they illustrate the ancient Greeks particular metaphysical
assumptions regarding truth creation. Essentially, free men will be
deceived by clever arguments; slaves by nature will not be misled because
they think with their bodies. Slaves are bodies; citizens posses logos, or
70
reason..120 The free man can therefore conjure a lie, even under the pain
of torture, for he is able to reason beyond his biological present. Slaves,
on the other hand, do not possess logos and hence when subjected to
basanos will speak the truth through their pain. Slaves (and, likewise,
other beings that lack reason like women and some foreigners) are thus
capable of being a receptacle for truth; they can be filled with it or have
it literally tattooed upon their bodies (as with the case of the messenger),
but they are ultimately incapable of understanding or independently
producing it.121 In this manner the tattooed individuals bodies can be
understood as what Jacques Derrida calls the support, or the bodysubject or body-substance, an immobile and impassible surface
underlying the traces that may come along and affect it from the outside,
superficially, as events, or accidents, or qualities.122
Yet this form of truth-making inherent in the Grecian tattoo, borne
and retrieved unsullied via the receptacle or support of the slaves
body, also creates (or rather re-produces and displays in perpetuity) the
difference between those who can be tattooed and those who cannot. In
Torture and Truth, 52.
Torture and Truth, 70, 78.
122 Jacques Derrida, Paper Machine, Cultural Memory in the Present (Stanford, Calif.:
Stanford University Press), 6. Susan Gubar also points directly to this metaphor of the
body (particularly the female body) as a blank page awaiting inscription and the male as
the writer, quoted in Frances E. Mascia-Lees and Patricia Sharpe, "The Marked and the
Un(Re)Marked: Tattoo and Gender in Theory and Narrative," in Tattoo, Torture,
Mutilation, and Adornment : The Denaturalization of the Body in Culture and Text, ed. Frances
E. Mascia-Lees and Patricia Sharpe, Suny Series, the Body in Culture, History, and Religion
(Albany: State University of New York Press), 164.
120
121
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other words, to be a slave (not-free) means that one can be tattooed, and to
be tattooed places an eternal, physical signifier of ones slavery on ones
skin. It is a practice that carves a line between the free and the unfree on
the bodies of the unfree.123 This is an important distinction to keep in
mind when contemplating the tattoos of Auschwitz, for neither Germans
nor reeducation prisoners were tattooed with their serial numbers.
Then, as in ancient Greece, the tattoo was a carving of the distinction
between the German and non-German, racially corrigible and incorrigible.
Yet, as described in detail by Mark Gustafson, slaves were not the
only group to be tattooed by the ancient Greeks and, in their wake, the
Romans; criminals were also subjected to this practice.124 Gustafson
outlines three distinguishable variations in the mark applied to criminals
in the Greco-Roman world: the most well-attested drew attention to the
crime that had been committed; a second represented the ruler and a
third named the punishment.125 As argued by Michel Foucault, both the
first and the third variation of punitive tattoos (name of the crime and
name of the punishment) are in fact derivatives of the second (name of the
ruler), for by breaking the law, the offender has touched the very person
DuBois, Torture and Truth, 63.
Mark Gustafson, "The Tattoo in the Later Roman Empire and Beyond," in Written on
the Body: The Tattoo in European and American History, ed. Jane Caplan (Princeton, N. J.:
Princeton University Press), 22.
125 "The Tattoo in the Later Roman Empire and Beyond," in Written on the Body: The Tattoo
in European and American History, ed. Jane Caplan (Princeton, N. J.: Princeton University
Press), 28.
123
124
72
73
128
129
74
Alfred Gell, Wrapping in Images : Tattooing in Polynesia, Oxford Studies in Social and
Cultural Anthropology (Oxford: Oxford University Press, 1993).
131 Caplan, Written on the Body: The Tattoo in European and American History, xx.
132 Clare Anderson, Legible Bodies: Race, Criminality, and Colonialism in South Asia (Oxford
;: New York, NY Berg, 2004), 59.
133 William Cummings, "Orientalism's Corporeal Dimension," Journal of Colonialism and
Colonial History 4, no. 2 (2003).
134 Ibid.
130
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76
77
Caplan, ""One of the Strangest Relics of a Former State": Tattoos and the Discourses of
Criminality in Europe, 1880-1920," 347-49. Lombroso first published his first and best
known book Luomo deliquente (Criminal Man) in 1876 (which went through 5 subsequent
editions), and although his ideas began to suffer internationally around 1890 with the rise
of Lacassagne and other rivals, his thought remained influential years after his death in
1909 and can even be traced through the Fascist regime. See: Mary S. Gibson, "Cesare
Lombroso and Italian Criminology: Theory and Practice," in Criminals and Their Scientists
: The History of Criminology in International Perspective, ed. Peter Becker and Richard F.
Wetzell (New York: Cambridge University Press; German Historical Institute, 2006), 14058.. Lacassagne came to prominence in criticizing Lombroso at the first criminal
anthropology conference held in Rome in 1885, and maintained relevance in the field
(and, subsequently, in the Eugenics movement) until his death in 1924. See: Laurent
Mucchielli, "Criminology, Hygienism, and Eugenics in France, 1870-1914: Medical
Debates on the Elimination of "Incorrigible" Criminals," ibid., 213-27.
142 Caesar Lombroso, quoted in Caplan, ""One of the Strangest Relics of a Former State":
Tattoos and the Discourses of Criminality in Europe, 1880-1920," 345.
141
78
79
80
This is not to say that in all European countries at all times were tattoos negatively
connoted as such. Indeed, Celtic (or Pict) tattoos can be traced back to the fifth century
BC, and there is a tradition of tattooing in early Christianity that can be traced through
the crusades and into the 17th century as a sign of servitude to, and suffering for, Christ
(it is from this practice that the term stigmata gains its current definition). Charles W.
MacQuarrie, "Insular Celtic Tattooing: History, Myth and Metaphor," in Written on the
Body: The Tattoo in European and American History, ed. Jane Caplan (Princeton, N. J.:
Princeton University Press, 2000), 34-43. It is also telling that in Victorian England, where
tattoos among the working and even middle class were more common place (although
the variations in style and practice maintained strict class lines), Lombrosian criminology
found little traction. James Bradley, "Body Commodification? Class and Tattoos in
Victorian Britain," ibid., 138-39, 48.
148
81
82
83
Herschel and Faulds (and their respective acolytes) would bitterly argue over the
mantle of who had discovered fingerprint identification for most of their adult lives.
Historians now consider both as having significantly contributed to the genesis of the
technique. See: Colin Beavan, Fingerprints : The Origins of Crime Detection and the Murder
Case That Launched Forensic Science, 1st ed. (New York: Hyperion), 42, 74-76, 196.
155 Galtons system was based on earlier observations of fingerprints by the Czech
physician Jan Evangelista Purkyne, who classified fingerprint patterns into nine separate
categories. Galton reduced Purkyns categories to three basic shapes- loops, whorls, and
arches- with the possibility to further describe and compare minutia for the exact
matching of different prints. Cole, Suspect Identities: A History of Fingerprinting and
Criminal Identification, 77-78.
154
84
85
Even the most famous case of identity mistaken under Bertillonage that was solved by
Dactylscopy, in which a new prisoner named Will West was falsely identified as William
West, a murder who happened to already be incarcerated at the same prison, involved
two African American men- underscoring once again the difficulties the European eye
had identifing the racial other. Cole, Suspect Identities: A History of Fingerprinting and
Criminal Identification, 140-43.
160 Bertillon, while initially disdainful of what he called the Chinese method,
unsuccessfully attempted to integrate fingerprints into his system as merely another
physiognomic characteristic. Although even early adherents to Dactylscopy such as
Argentina continued to keep both Bertillonage records as well as fingerprints into the
mid- 1920s, by the early 1930s few if any police departments utilized anthropometric
methods. Suspect Identities: A History of Fingerprinting and Criminal Identification, 161-65.
161 Attempts to divine sex, race and other hereditary information from fingerprint
patterns continue to this day, although they are marginalized in the scientific
community. Beavan, Fingerprints : The Origins of Crime Detection and the Murder Case That
Launched Forensic Science, 99-105; Cole, Suspect Identities: A History of Fingerprinting and
Criminal Identification, 117-18.
159
86
Anne M. Joseph, "Anthorpometry, the Police Expert, and the Deptford Murders: The
Contested Introduction of Fingerpringint for the Identification of Criminals in Late
Victorian and Edwardian Britain," in Documenting Individual Identity: The Development of
State Practices in the Modern World, ed. Jane Caplan and John C. Torpey (Princeton, N.J.:
Princeton University Press, 2001), 183.
163 Philip M. Parker, ed. Biometric: Webster's Timeline History 1853-2007 (San Diego, CA:
Icon Group International).
164 Magnet, When Biometrics Fail : Gender, Race, and the Technology of Identity.
162
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88
89
90
The tattoo was not even initially written on the prisoners arms, but
rather on their chests. This was done with the use of a stamp with
moveable needles, which was pressed into the prisoners chest creating
wounds into which ink was rubbed. The practice arose with the arrival of
Russian prisoners of war, who died faster than the camp administration
could keep track and whose clothes (and thereby numbers and identities)
were easily taken by other prisoners.173 Tattoos were also used in the
infirmary, where prisoners who were deemed too sick to survive were
tattooed with an L for leiche or corpse, and on prisoners scheduled
for execution so that their bodies could be identified after the fact. It is not
clear when tattooing of Jews became a common practice, but the
Kalendrum clearly indicates that the escape of a Polish woman, Zofia
Biedowa, in February of 1943 exposed irregularities in the numbers of
individual prisoners, which led the Commandants Office to declare that
all men and women should get their number tattooed on the lower left
arm, excepting ethnic Germans and re-education prisoners.174
Perhaps most apparent is that the act of tattooing writes on an
individuals body as opposed to simply reading it, and that while postEnlightenment Europe was eager to read deviance it had lost interest in
Simon Gutman recalls the spread of tattoos after substitutions were discovered,
explaining that For example, when Poles, who were influential inside the Schreibstube,
wanted to protect somebody, the substituted his number for a dead persons one.
174 Danuta Czech, Auschwitz Chronicle, 1939-1945, 1st American ed. (New York: H. Holt),
335-36.
173
91
92
93
94
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bureaucratic machinery that ran the camp. The act of marking is the
method of writing identity; to number is one of the first steps in reading.
The Auschwitz tattoo is an historical anomaly because it was
simultaneously both marking and numbering. To name a person,
however, is to give a new identity, an act that occurs both in writing and
in reading identity. To identify is a constructive act, it does not divine a
persons true essence but rather creates a medium through which the
individual is legible. Depending on the medium and the structure that
creates it, it can limit, define or categorize an individual in particular
ways. As succinctly put by David Lyon, identification is ipso facto social
sorting.179 This identity, however, is but one among many that an
individual possesses over a lifetime. Identification is an act of social
construction, and this means that there are many parties involved in its
creation and maintenance, including the individual themselves. This was
apparent even in Auschwitz, where hierarchies of race and social position
were read into the empty signifier of the serial number.
Paul Ricouer usefully distinguishes between idem and ipse
identities. Idem-identities focus on the continuity of the discrete
individual over time, whereas ipse-identities focus on narrative
constructions of the self. It needs to be made clear that in my taxonomy,
179
97
marks and numbers are two forms of idem-identities, whereas by the term
names I am denoting ipse-identities. Actual names (Paul Ricouer) play a
role in both the idem and the ipse, for it is through ones name that various
agencies, organizations and social spheres track and connect the
individual, while at the same time providing a signifier around which to
build ones narrative self. The Auschwitz tattoo was a re-naming because
it not only provided a new idem-identity, but because the ipse-identity it
connotes, that of prisoner, was so powerful and traumatic it attempted
to blot out any connection to other narrative selves. In discussing his
writings on the Holocaust, survivor Ka-tzetnik states that he used the
pronoun I, I, I till half way through a piece I suddenly had to transform
I to he I felt the split, the ordeal, the alienation of it.180 Sofsky also
argues that the admission ritual of the camp, tattoo inclusive, did not
mark either a shift in social status or a temporary reversal. It was a
permanent degradation, a fundamental transformation of personal and
social existence It did not assure the continuity of time; rather, it was a
radical rupture [that] did not regulate biographical transition; it destroyed
the cohesion of personal history.181 The Auschwitz tattoo was a renaming of in both senses of ipse and idem, a difference that is often
Quoted in David Patterson, Sun Turned to Darkness : Memory and Recovery in the
Holocaust Memoir, 1st ed., Religion, Theology, and the Holocaust (Syracuse, N.Y.:
Syracuse University Press), 161.
181 Sofsky, The Order of Terror : The Concentration Camp, 83.
180
98
182
Levi and Levi, Survival in Auschwitz ; and, the Reawakening : Two Memoirs, 42.
99
183
100
101
102
another, the chest tattoo signified having spent longer in the camp, and
thus gave him access to better food and clothing). This is in contrast to the
records kept by the SS, which contrary to the legends of German
efficiency, were often filled with gaps and mistakes. This again is not
irony, but rather a feature of power. Databases and records are fallible,
and this is accepted as given by both the bureaucrat and the subject.
Similarly, the objects of identification: paperwork, tattoos, fingers - are
likewise malleable and instable. Yet the burden of proof, both for the
errors of database and object, fall upon the individual. And as Pathar
Chatterjee astutely points out, modern governmental regimes must
presume every individual to be an imposter until he or she is able to prove
to the contrary but whereas identity may be disproved by evidence, it
can never be proved beyond doubt.186 Since positive proof of identity is
not possible but always required, the necessity to constantly maintain and
manage ones own identity is unending.
The question arises of why the tattooing only occurred at
Auschwitz. While it is unclear why tattooing serial numbers was limited
to the largest and most infamous of camps (the dearth of literature on the
subject again is quite surprising), it is nonetheless possible to conjecture
based on available evidence. The aspect that sets Auschwitz apart from
Partha Chatterjee, Princely Imposter? The Strange and Universal History of the Kumar of
Bhawal (Princeton, NJ: Princeton University Press), 362-63.
186
103
the other concentration camps the most is that it was both a labor camp
and an extermination center. In this way it was the manifestation of what
Traverso called the constant tension between work and extermination
that was found in the camps.187 In Auschwitz those who were not
immediately sent to the gas chamber were both working for extermination
(particularly the Sonderkommando) and being exterminated through work.188
The tattooing of prisoners was the overt recognition of this fact. While the
tattoo was placed only on those able to work in order to control and
organize their labor, the permanence of the tattoo was necessitated by the
recognition that the primary product of the camp was the prisoners
corpse (which could not be sufficiently controlled and organized by the
flexible medium of clothing).
Yet even with the understanding that tattooing was started as a
means to identify the bodies of the soon-to-be-dead, its use on all
prisoners (even babies) suggests that it fulfilled a need beyond that of its
original intention. The centrality of the tattoo at Auschwitz was hinted at
by Levi when he stated that it was through the tattoo that a prisoner
interacted with the camp.189 As argued by John Torpey in his discussion
of the development of the passport, identification is the means through
104
Torpey, The Invention of the Passport : Surveillance, Citizenship, and the State, 1-6.
Scott, Seeing Like a State : How Certain Schemes to Improve the Human Condition Have
Failed, 1.
192 Marlene Kadar and ebrary Inc., Tracing the Autobiographical, (Waterloo, Ont.: Wilfrid
Laurier University Press), http://site.ebrary.com/lib/princeton/Doc?id=10103850. 23435.
190
191
105
106
Ticktin, "Where Ethics and Politics Meet: The Violence of Humanitarianism in France."
Magnet, When Biometrics Fail : Gender, Race, and the Technology of Identity, 52.
107
Perhaps the most influential thinker who has made the connection
between the Auschwitz tattoo and biometrics is Italian philosopher
108
Although not mentioned by name, the IEEE Certified Biometrics Professional training
materials specifically describe, and then dismiss, his argument. IEEE, "Certified
Biometrics Professional Learning System: Module 5 Social, Cultural and Legal
Implications."
200 Agamben, "Bodies without Words: Against the Biopolitical Tattoo."
201 "Bodies without Words: Against the Biopolitical Tattoo," 168..
199
109
110
See, for example Pugliese, Biometrics : Bodies, Technologies, Biopolitics; Magnet, When
Biometrics Fail : Gender, Race, and the Technology of Identity; Mller, Security, Risk and the
Biometric State : Governing Borders and Bodies. Wolfgang Sofsky, Privacy : A Manifesto
(Princeton: Princeton University Press).
204 Robert Eaglestone, The Holocaust and the Postmodern (Oxford ; New York: Oxford
University Press), 323.
203
111
112
of naming did not come directly from its inscription, but from the
absolute power of the camp to destroy the psychological and even
physical continuity with their former (and any hoped future) selves. In
this it not only assigned an idem-identity, but took control of the
individuals ipse-identity. Importantly, this naming was less a factor of
having the number (permanently) assigned, but rather due to the social
relations constructed by the camp. The number then became a contested
site of meaning making, both in the camp (as a means of determining
social hierarchy) and after Auschwitz was liberated. That the prison
tattoo became a form of sacred witness, and the SS tattoo one of
damnation is indicative of the floating nature of signs and their ability to
have their meanings changed regardless of the rigidity of initial design or
intent. It is the way in which social relations are shaped by identification
technologies, and to what extent they are shaped by them, that provides
the power of naming, not the initial act of identity assignment. In this
regard, the daily practice of being counted after a work detail or the
differential treatment of lower numbered prisoners had much more
impact on the ipse-identity of the individual than their number. Above all
of this, being marked by the tattoo as prisoner certainly held more
significance than having ones file created. Biometric technologies do not
mark individuals, at least not in the way that tattooing marks them.
113
Ian Hacking, "Making up People: Clinical Classifications," London Review of Books 28,
no. 16-17.
206 Sofsky, The Order of Terror : The Concentration Camp.
205
114
The tattoo was, when given, a moment of reprieve, a sign that the newly
christened inmate would not die that night. But it held no sway over the
camp as a means to demand rights as there were no rights to be had, and
as the woman that had her tattoo re-done so that the numbers were clear
shows, any irregularities meant punishment or death.
Timothy Logan
showed how this exact dynamic occurs in a modern context (Rwanda and
ID cards). What this means, however, for contexts far afield from the
genocides of Auschwitz and Rwanda is that identity can only be absolute
in the negative. It can be used to permanently deny rights, but as a tool of
demand, it is contingent and fickle.
Finally, the tattoo was a means of regulating life in the camp,
despite its express purpose of producing death. Where there is biopolitics,
there is identification, and the greater the desire for control, the greater the
fear of slippage. Perhaps the most important lesson a scholar of
identification can gain from studying the Auschwitz tattoo is that
exposing the instability of the epistemological foundations of the selfcorporeal, psychological, social- as was done in the camp, does not
decrease the drive for identification but rather intensifies it. In its desire
for totality of control, the grasp of the bureaucratic apparatus becomes
more penetrating and severe, holding on to the supposed immutable
115
materiality of the body despite its own routine mutilation of the very same
bodies.
That greater control leads to a deeper anxiety over slippage is not
exclusive to questions of identification. As argued by Ian Hacking, the
shift from deterministic to probabilistic perspectives leads to a push for
greater control.207 Chance, especially small chance, becomes something
that can be minimized or eliminated, while fate is inalterable. This does
not bode well for biometric programs, probabilistic technologies that they
are. 99.99% accuracy feels like a totality, but the .01% means that risk has
not been eliminated and mistakes will be made, especially at scale. This
leads to pushes for better technologies, more modalities, and enhanced
surveillance, and the smaller the possibility for misidentification becomes
the greater the anxiety about it will become.208 It is the capture of those
who are unidentifiable- the escapees, the fraudsters, the invisible- that
drives the need for identification, yet it is precisely these individuals who
exceed the states grasp. And so the grip of the state must become ever
tighter, searching for ontological certainty in a material stability that does
not exist. The ever-increasing points of contact between the state and
individuals-as-individuals will merely extend and entrench this logic.
Hacking, The Taming of Chance.
This anxiety is also a potential source of resistance to state surveillance, in pointing out
the inability of these technologies to deliver the totalities they promise. It is also a source
of concern when, like in India, biometrics are being put in place to ensure rights and
benefits.
207
208
116
CHAPTER IV
ENABLING ARMED SOCIAL WORK:
THE DEVELOPMENT AND DEPLOYMENT OF BIOMETRIC
TECHNOLOGIES BY THE UNITED STATES MILITARY IN IRAQ AND
AFGHANISTAN
"A war fighter needs to know one of three things: Do I let him go? Keep him? Or
shoot him on the spot?
-Anh Duong, inventor of the bunker buster, on her efforts to
create mobile biometrics for the U.S. military
A Majority of are Gray.
-U.S. Central Command Power point slide, unclear on even what is
primarily gray or unknown
Introduction: Identity and Barbed Wire
209
117
210
118
119
120
offensive biometrics were developed and deployed during the Iraq and
Afghanistan conflicts, particularly from 2004-2008 in order to understand
the nature and implications of their use.
It is important to note that the complete identification of the Iraqi
and Afghanistani populace was never completed, and that there are clear
limits to biometric technologies in actually addressing the complex social
issues they are meant to definitively solve. The gap between the fantasy of
an identification totality and the reality of limits of the technologies
creates an ambiguity that enables individual soldiers to take the initiative
necessary to make the day-to-day decisions required by a
counterinsurgency campaign, as seen in the B-role footage. Yet this very
ambiguity undermines the premise on which the identification
technologies rest, making every individual potentially suspect and a
threat. In the end, biometric technologies become tools to objectify and
legitimize the strategies and prejudices of the counterinsurgents. Despite
the desire to separate the population into clear categories that distinguish
friend from foe, or the Blue Forces from the Red Forces, the population
remains gray and the use of force arbitrary. While biometrics are a key
component of efforts to technologically fix the identities of the occupied
populace into a framework that allows clear military action, their use and
limitations should instead be seen to signify the persistence of the fog of
121
war that confounds the overwhelming power of the U.S. military and
undercuts any attempt to win hearts and minds.
The observations in this chapter are based on government
documents, policies, and publicity materials produced by the U.S. military
and its contractors. This archival research was supplemented by on-site
interviews with U.S. military personnel, contractors and employees of the
Federal Bureau of Investigation (FBI) and Department of Homeland
Security (DHS) who are working both in and with of the DoD on
developing its biometric programs, and participant-observation at
biometric industry conferences and events. This chapter is divided into
three sections. The first section charts the development of biometrics by
the DoD from 1999- present day focusing on the way in which
technologies of domestic surveillance played a role in their acceptance.
The second discusses the influence of shifting military doctrine on the use
of these technologies, and the third explores the factors that drive and
impede this process.
122
active combat theaters. It is only within the last five to six years, this
project can be considered to have become truly operational. While there
may seem to be a sense of inevitability regarding the use of biometric
technologies by the U.S. military, even in the period of rapid deployment
(2004-06) there were struggles surrounding the need for and the purpose
of biometric databases. This should come as no surprise, as those in
Science and Technology Studies would readily remind us; the use of
biometrics remains a hotly contested realm of possibility in terms of
design, policy and even purpose. There appear to be three major turning
points in the use of biometrics by the U.S. military: the creation of the
Biometrics Management Office (BMO) in 2000; the rapid expansion of
BMOs scope and capabilities in response to the counterinsurgency
campaigns in Iraq and Afghanistan in 2004; and today, as members of the
Biometrics Identity Management Agency (BMIA) prepare for the
drawdown of forces in Iraq and Afghanistan, which requires a shift from
battlefield support to the spread of biometric technologies into the daily
routines of the U.S. Military, writ large.
By the late 1990s, biometrics- particularly in the form of
fingerprints- was over a century old, and had become a normalized tool
for law enforcement agencies. The U.S. military, hardly a slow adopter of
new technologies, had long integrated fingerprint analysis into its
123
In the United States, the Federal Bureau of Investigation (FBI) has historically been at
the forefront of funding for biometric technologies, but in the mid-1960s and the height
of the Cold War the research arms of the military became increasingly invested in the
technologies as well. See: Gates, Our Biometric Future : Facial Recognition Technology and
the Culture of Surveillance; Arthur L. Norberg, Judy E. O'Neill, and Kerry J. Freedman,
Transforming Computer Technology : Information Processing for the Pentagon, 1962-1986,
Johns Hopkins Studies in the History of Technology [New Ser., No. 18] (Baltimore: Johns
Hopkins University Press); John D. Woodward, Nicholas M. Orlans, and Peter T.
Higgins, Biometrics (New York: McGraw-Hill/Osborne); NSTC Subcomittee on
Biometrics, "Biometrics History," ed. National Science and Technology Council..
215 Biometrics Identity Management Agency, "Annual Report Fy 2008," ed. Department of
Defense (Washington, DC).
216 "Bima Website: History of Biometrics," biometrics.dod.mil.
214
124
217
Ibid.
125
identification of enemy forces. In 2004, a year after the United States and
its allies invaded Iraq, the DoD established the ABIS, its current biometric
database. Woodward recalled stiff opposition to the expansion of
biometrics onto the battlefield, that they were police work that wasted
precious resources. Through the support of sympathetic lawmakers and
the FBI, this dissent was overruled and the way was paved for the use of
biometrics as an offensive capability. 2004 Also saw the Department of
Homeland Security fully roll out its own biometric tracking system, USVISIT, which required all foreign nationals entering or leaving the country
be biometrically enrolled.218 Homeland Security Presidential Directive 11,
signed in 2004, mandated the coordination and standardization of
procedures to detect, identify, track, and interdict people and other
entities. The DoD also cites 2004 as the first successful match in the field,
in which the fingerprints of a detainee captured by a Naval Special Forces
unit were matched to an individual captured in 2003.219
In 2005, Woodward published an article in the Military Review
Journal calling for identity dominance, by which the military can
quickly distinguish friend from foe by linking an encountered
individual to their previous identities and potentially criminal/terrorist
218
219
Ibid.
Ibid.
126
127
closed its roads, only allowing movement of those who had received a
badge- granted after biometric registry with BATS.222 Fallujah being an
active war zone meant that most non-combatants were told to evacuate
the city (to be registered upon re-entry). Those who remained were
viewed as combatants to be targeted.223 The use of biometrics in Fallujah
is seen as greatly successful, and helped bolster the case for expansion of
the technology across departments and contexts.
Biometric enrollments were also collected as part of employment
applications, checkpoint operations, and explicit biometric gathering
missions. The prison system was one of the more important sources of
biometric data because these entries were flagged as individuals to be
held under suspicion if caught at future dates. This appears at first glance
to be nonsensical, for if an individual is already incarcerated then the
ability to identify them outside of the prison system is redundant. As
Wired Magazine reported in June of 2007, however, 2/3rds of all Iraqis
detained were ultimately released- but only after being enrolled into
ABIS.224 Bing and Owen West claim in a 2007 New York Times op-ed that,
according to Pentagon records, more than 85 percent of the suspected
Sunni insurgents and Shiite militiamen detained are soon set free [t]he
Noah Shachtman, "Iraq Diary: Fallujah's Biometric Gates," Wired, August 31.
Mller, Security, Risk and the Biometric State : Governing Borders and Bodies, 11-115.
224 Noah Shachtman, "Two-Thirds of Iraq Suspects Let Go; Only 600 Sent to Govt," in
Danger Room Blog, ed. Noah Shachtman (Wired Magazine).
222
223
128
troops call it catch and release.225 Whereas the Wests see detainee
releases as vastly excessive civil rights protections for detainees brought
on by the shameful abuses of Abu Ghraib, the term catch and release
compares human detainees to animals subjected to fishing and hunting.
This appraisal is made explicit by Thomas Barnett, a professor at the
Naval War College who advised the Office of the Secretary of Defense,
stating that the military engages in passive collection of Iraqi biometrics
because these guys will scatter over time when you have the
opportunity to tag them, you tag them before you release them to the
wild."226 In other words, mass arrests and neighborhood sweeps that
resulted in few actual convictions were quite productive despite
protestations by the Wests. By the end of 2007 ABIS contained over 1.5
million entries.
The Biometric Sharing Community of Interest was established in
2007 to coordinate the flow of biometric data between DoD agencies, and
was expanded to other governmental and multinational agencies in 2008.
Also in 2008, the DoD and the FBI began working together to develop a
Owen West; Bing West, "The Laptop Is Mightier Than the Sword " The New York Times,
June 15th.
226 Jim Krane, "U.S. Military Compiles Biometric Database on Iraqi Fighters, Saddam
Loyalists," Information Week, May 9th. It is probable from the context that Barnett means
collection of biometric data from all possible sources, not only from individuals who
have been shown to have ties to insurgent groups, and not the technical term passive
collection which refers to biometric technologies that do not require active participation
or even awareness of the individual being scanned.
225
129
next generation database that would store cross-agency compatible, multimodal biometric data, including face, iris, and palm data. Utilizing data
gathered from the DoD, the DHS denied entry to a Known or Suspected
Terrorist using a false identity in 2008, the first public success of the
interagency exchange between the two agencies. 2009 heralded another
first for the DoD, as latent prints were matched from two separate IED
locations 15 months apart, a feat made possible only by the Next
Generation database.227
In May 2010, the Secretary of the Army signed Department of the
Army General Orders that re-designated and transformed the BTF into the
Biometrics Identity Management Agency (BIMA), making it a permanent
organization with full funding and personnel authority. Its records are
technologically compatible with those of the FBI and, as of March 2011,
the DHS.228 It has also been reported that as of October 2008 at least 7,000
DNA samples were taken from Iraqi and Afghanistani detainees and
deposited into the Joint Federal Agencies Antiterrorism DNA Database,
with an additional 10,000 inbound.229
130
Foucault et al., Society Must Be Defended : Lectures at the Collge De France, 1975-76., via
Stephen Graham, Cities under Siege : The New Military Urbanism (London ; New York:
Verso), xvii.
231 Dana Priest; William M. Arkin, "Top Secret America: Monitoring America," The
Washington Post; Spencer Ackerman, "Your Local Cops Now Use Iraqs Iris Scanners," in
Danger Room Blog, ed. Noah Shachtman (Wired Magazine).
230
131
132
133
the very tools of law enforcement, such as regular foot patrols (walking a
beat), mediating local disturbances, and tracking suspicious individuals
in order to build evidence for criminal prosecution (through forensics and
biometrics).236
Yet what is really at stake in the distinction between police action
and military action? Foucault provides a useful conceptual framework
for this in tracing the changing meaning of the term police from a form
of community or association governed by a public authority in the 15th
and 16th centuries into the calculation and technique that will make it
possible to establish a mobile, yet stable and controllable relationship
between the states internal order and the development of its forces in the
17th century.237 In other words, the term police changed from the
community itself- the polis- into the means by which the state regulates its
normal relationship with its subjects. Foucault then lists the objects of
the police as being the number of citizens, the necessities of life,
health, occupations, and the coexistence and circulation of men.
Policing is the art of managing life and the well-being of populations; it
is Biopolitics.238 While the use of the term biopolitics is rich and not
without its problems, for the purposes of this chapter I am using it to
Keith L. Shimko, The Iraq Wars and America's Military Revolution (New York, NY:
Cambridge University Press); Biometrics Identity Management Agency, "Bima Website:
History of Biometrics".
237 Foucault et al., Society Must Be Defended : Lectures at the Collge De France, 1975-76, 312.
238 Society Must Be Defended : Lectures at the Collge De France, 1975-76.
236
134
mean quite simply the management towards life, i.e. the production of
conditions in which particular forms of living (e.g. law-abiding, civilian,
etc) are both possible and protected. The policification of the military
thus entails its increased concern for managing the lives and well-being
of its targets. This is of course not to say that such activities havent
always been a part of military action, or that moves towards
policification represent a fundamental change in the nature of war
rather than the characteristics of a particular conflict.239 Instead, what I
mean by the use of the term biopolitics (and policing) is a particular
discursive framework through which particular state actions are produced
or resisted.
In opposition to the biopolitical discourse, Military action as
implied by the Bush administrations focus on the particularities of the
threat of international terrorism and the need to do whatever it takes
to win the war on terror is rather what Achille Mbembe would call
necropolitics: the power and the capacity to dictate who may live and
who must die, which makes the murder of the enemy [the states]
primary and absolute objective.240 Hence the militarization of the
police entails an increased capacity for deadly violence and a tendency
See: Hew Strachan, Sibylle Scheipers, and Oxford Leverhulme Programme on the
Changing Character of War., The Changing Character of War (Oxford ; New York: Oxford
University Press).
240 Achille Mbembe, "Necropolitics," Public Culture 12, no. 1: 11.
239
135
136
Competing Doctrines
The offensive use of biometrics by the U.S. military has occurred
against the backdrop of two active counterinsurgency campaigns, in Iraq
and Afghanistan, and had its genesis in the smaller-scale operations in
Kosovo. The history of its development and deployment has been heavily
influenced by a broader context of competing military doctrines and
political struggles within the Pentagon.241 The internal conflict of the past
decade can be described as the clash between two discordant visions of
the future of warfare. The first vision is exemplified by the Revolution in
Military Affairs (RMA) as argued for by Admiral William Owens and at
times referred to as the Rumsfeld Doctrine after former Secretary of
Defense Donald Rumsfeld.242 RMA is characterized by an emphasis on
developing and deploying networked communication and satellite
technologies, along with small, mobile units of troops and a heavy
There is a good deal of debate within the military community over the role of
doctrine, and its actual importance to the conduct of war (see for example: Adam
Elkus, "Do Ideas Matter? A Clausewitzian Case Study," Small Wars Journal; Paul Johnston,
"Doctrine Is Not Enough: The Effect of Doctrine on the Behavior of Armies," Parameters
30.). Jim Lewis of the Center for Strategic and International studies indicated that these
types of rhetorical paradigms shift every four to five years and that programs, tactics
and funding simply has to shoehorn itself into the changed rhetoric regardless of its
actual applicability. He cited identity dominance as one such rhetorical
embellishment. While I absolutely do not want to attribute a simple, deterministic
relationship between military doctrine and the development and deployment of
biometric technologies, shifts in rhetoric signal the relative political strength of particular
factions and philosophies within the Pentagon. This in turn affects funding priorities,
troop deployments and battle tactics.
242 William A. Owens and Edward Offley, Lifting the Fog of War (Baltimore, MD: Johns
Hopkins University Press); Shimko, The Iraq Wars and America's Military Revolution.
241
137
138
244
139
Ben Riley, Principal Deputy to the Deputy Assistant Secretary of Defense, made the
connection between counterinsurgency and biometrics explicitly during remarks at an
event on the development of Rapid DNA technology by the DoD, DHS and DOJ. Ben
Riley, "Opening Remarks," in U.S. Department of Defense Biometric and Forensic Technology
Forum (Washington, DC: Center for Strategic and International Studies).
246 Quoted in Kilcullen, Counterinsurgency, 145.
245
140
Counterinsurgency, 45.
Galula and Nagl, Counterinsurgency Warfare : Theory and Practice, 82.
141
Torpey, The Invention of the Passport : Surveillance, Citizenship, and the State, 244.
See, for example, James C. Scott, John Tehranian, and Jeremy Mathias, "The
Production of Legal Identities Proper to States: The Case of the Permanent Family
Surname," Comparative Studies in Society and History 44, no. 1 (2002)., Gtz Aly et al., The
Nazi Census : Identification and Control in the Third Reich, Politics, History, and Social
Change (Philadelphia: Temple University Press).
251 Associated Press, "Marines Seize Taliban Hq, Ids, Photos," MSNBC.com,
http://www.msnbc.msn.com/id/35487636/ns/world_news-south_and_central_asia/.
249
250
142
143
144
145
260
146
Galton, Fingerprints.
Alondra Nelson, "Bio Science: Genetic Ancestry Testing and the Pursuit of African
Ancestry," Social Studies of Science 38.
261
262
147
148
Helen Fay Nissenbaum, Privacy in Context : Technology, Policy, and the Integrity of Social
Life (Stanford, Calif.: Stanford Law Books), 4.
265 Ibid.
264
149
deny asylum status, the barriers between context of collection and context
of use can be matters of life or death.
The U.S. military is aware of privacy concerns and the most
extreme ramifications of biometrics misuse. The Report of the Defense
Science Board Task Force on Defense Biometrics, outlines various
methods of designing technologies such that they pose a lower or
greater privacy risk, e.g. whether or not a subject knows they are being
tracked. Despite the acknowledgement that biometrics can be designed
not to harm, but in fact to protect privacy, the authors conclude sadly,
but not unexpectedly, for most DoD applications of biometrics in support
of identity management, the more desirable characteristics involve a
greater risk of privacy invasiveness.266 Lt. Col. John W. Velliquette, Jr.
admitted that [ABIS] is also very sensitive, because essentially what it
becomes is a hit list if it gets in the wrong hands.267 Information collected
on U.S. soldiers is covered by the protections of the Privacy Act of 1974
and while there are restrictions in place on what type of data can be
collected from coalition partners and what can be done with it, there were
no such limitations placed on the information gathered from Iraqis and
Defense Science Board Task Force, "Report of the Defense Science Board Task Force on
Defense Biometrics," ed. Department of Defense (Washington, DC).
267 Velliquette JR., "The Role of Biometrics in the Counterinsurgency."
266
150
151
Family Information:
Fathers Name, Civil Affairs Number
Mothers Name, Civil Affairs Number
Mothers Father Name, Civil Affairs Number
Spouses, Civil Affairs Number
Children, Civil Affairs Number
Brothers, Civil Affairs Number
Sisters, Civil Affairs Number
Almost all of these entry points have been incorporated into the biometric
enrollment systems with several open sections for more information. This
was explained in an interview as, if there is a chance to record the
information, why not take it? The BATS system also records date and
location of each encounter with an individual.270 As evidenced here, the
so-called empty identifiers: fingerprints, irises, and pictures, are quickly
filled with biographical and geographical data. Importantly, relational
data is also included such as tribal affiliation and the names and Civil
Affairs Numbers of all immediate family members. It was this relational
information that Lieutenant Colonel Velliquette was concerned could be
turned into a hit list, as political, religious, or ethnic affiliations are often
inferred through family names and tribal membership.271
Given these risks, why does the U.S. military collect so much
information? This question becomes even more acute when seen through
Defense Science Board Task Force, "Report of the Defense Science Board Task Force on
Defense Biometrics." Doesnt this have a date / location?
271This was the case in Rwanda, wherein familial relations often trumped official ethnic
classification. See: Longman, "Identity Cards, Ethnic Self-Perception, and Genocide in
Rwanda."
270
152
the lens of the limited military budget: the commander on the ground
must decide between buying a BATs system or more M16s. Even the
truncated description of the DoDs biometrics programs in this paper is
distilled further by the promotional materials, government reports, and
industry materials into a simple, underlying directive: finding the bad
guys (or, its corollary, separating the good guys from the bad guys).
While this description of the purposes of identification may seem an oversimplified caricature of a militaristic, Manichean (i.e. good vs. evil binary)
world-view, it is surprising how often the terms good guy and bad
guy come up in DoD materials and in conversations with individuals
working on these projects. 272 A fingerprint, however, does not grant this
type of insight into a persons essential character, be they good or bad.
What biometric data does, however, is enable the connection of disparate
events, locations and categories (a latent fingerprint at an IED site, a tribal
identity thought to be hostile, an age range) such that a profile of risk and
possibility of harm, past and future, can be created and maintained. These
profiles of risky identities create the visibility necessary for kinetic action.
They produce the targets of military action.
For example, the most recent BIMA Annual Report (2011) has a section titled
Watching for the Bad Guys, although the official terminology has recently started to
shift to separating friend from foe.
272
153
Figure IV-2: BIMA graph showing spectrum from Blue to Red with a thin strip of Gray273
Figure IV-3: USCENTCOM Venn diagram showing that the majority are gray274
273
154
The technical terms for good guys and bad guys are blue
forces and red forces, with blue being clear allies and red being clear
enemies (see figures 2 & 3). The importance of blue force biometrics has
risen significantly since the inception of the DoD biometrics program, as
indicated by the transition in terminology from identity dominance to
identity management.275 In identity dominance, the focus is on
identifying, tracking and capturing enemy forces while denying the same
enemy the ability to do the same to U.S. assets. Identity management,
on the other hand, recognizes the need to both grant access and to detain,
to sustain life as well as to mete out death. It is an explicit recognition of
the biopolitical potential of biometric technologies, i.e. that biometrics can
be used just as much to managing populations as it is can to identify the
enemy. The shift from RMAs enemy-centric strategies of precision strikes
and remote war towards the population-centric approach of COIN during
the period of biometric expansion and institutionalization also helps to
explain the rise of the term identity management, wherein the day-today business of governance was of a higher priority than militarily
dominating an asymmetric foe. It should be noted that the use of
identity dominance is beginning to make a comeback, being described
prominently in BIMAs 2011 Annual report and 2012 promotional videoMyra Gray, "Director's Message," Biometric Scan April/May/June,
http://biometrics.dod.mil/Newsletter/issues/2010/Apr/index.htm.
275
155
156
blue? Is Ahmed Wali Karzai, brother to the Afghani President, who was,
before his death, a regular ally of coalition forces and a noted drug dealer
red because his illicit activities dominated his other connections and
history? In short, even while the military recognizes that gray is the
predominant color of the population, even its designations of red and blue
are just shades of gray and an individual can have multiple identities.
This reiterates the importance of visibility to recent U.S. military
doctrines. The U.S. military is confident that in conventional warfare, its
capabilities remain unrivaled. It currently accounts for 46% of worldwide
military expenditures, which is seven times more than its closest rival,
China.279 Yet the U.S. is faced with threats, both active and imagined, that
are asymmetrical, unconventional and coming from enemies that are
hidden, dispersed and embedded within the communities the military is
charged with protecting (both domestic and international). The rhetoric
that pervades discussions of biometric technologies is all about being able
to tell the good guys from the bad guys, yet in truth, the promise of
biometrics is to summon forth the blue and red forces from the unknown
mass of gray. Ideally, all individuals are easily categorized as friendly
as enemy, but this is impossible for many reasons. First, in a
counterinsurgency the population is neither friendly nor hostile, it is
Anup Shah, "World Military Spending,"
http://www.globalissues.org/article/75/world-military-spending.
279
157
instead the contested object over which the battles are fought. The
population backs the winning side, and the side that is legitimized
through public support wins. As such, red can switch to blue and back
depending on the tides of war. Amidst this fluctuation, the use of
biometrics is an intentional and active attempt by the U.S. military to fix
the identities of the population as being friendly. In order to conduct
daily business and to interact normally with Coalition forces an individual
must be registered and this registration is promoted as an act of tacit
support. Galula argues for placing responsibility for verifying and
updating the information gathered in a census on the population itself, in
turn forcing them to participate willy-nilly in the struggle [and] . . . .
contribute to turn[ing] the population against the insurgent.280 Second,
loyalties and motivations change and the counterinsurgents rely upon this
fact. Unlike the explicit necropolitics promoted by some in the early
stages of the War on Terror, counterinsurgency theorists argue that a war
is over not when all hostile forces are dead, but rather when they choose
to put down their arms.
The vast majority of the population remains gray because peoples
motivations are too complex to fit into a Manichean binary. To use Scotts
terminology, it is necessary for the rationalized purposes of the state to
280
158
159
Dexter; Gall Filkins, Carlotta, "Taliban Leader in Secret Talks Was an Impostor," New
York Times, November 22nd.
284
160
161
162
United States Government Accountability Office, "Dod Can Establish More Guidance
for Biometrics Collection and Explore Broader Data Sharing," (Washington, DC).
291 Whither Biometrics Committee National Research Council, "Biometric Recognition:
Challenges and Opportunities," ed. Joseph N. Pato; Lynette I. Millett; Ellen Messmer,
"Biometrics Report on Biometrics Raises Hard Questions, Ire," Networked World,
September 28th.
292 National Research Council, "Biometric Recognition: Challenges and Opportunities."
293 Ibid.
290
163
164
297
165
166
Oded Na'aman, "The Checkpoint: Terror, Power and Cruelty," Boston Review.
167
impossible. This plays itself out each time a soldier must decide to let a
citizen pass or to detain her or him, and the introduction of biometric
technology merely adds an aura of technological legitimization to the
interaction.
168
169
attempt to create a materialized link between the U.S. military and the
populations of the occupied countries through which life could be
maintained and managed (in part, through the death of those deemed a
threat to the particular political configuration of life worth protecting).
This project, like the counterinsurgency itself, was a governmental project
that was constantly undermined by the governments being supported
through its efforts. While it is touted as a success and an enduring
capability worthy of continued financial support, this is only due to its
marginal successes in capturing a (relatively) small number of insurgents,
most of whom had already been captured at one point or another.
Instead, the work that the biometrics program did in practice was help to
legitimize who should be kept, who should be let go, and who should be
shot on the spot for the troops on the ground, while keeping the outcome
of these decisions opaque and unknowable to the populace.
170
CHAPTER V
CRACKS IN THE FOUNDATION:
INDIAS BIOMETRICS PROGRAMS AND THE POWER OF THE
EXCEPTION
The logo effectively communicates the vision for Aadhaar. It represents a new
dawn of equal opportunity for each individual, a dawn that emerges from the
unique identity that the number guarantees for each individual The sun
symbolizes a promise that shines on all residents equally.
Aadhaar: Communicating to a Billion: An Awareness and
Communication Report
At stake in the duplication, that is, may be an intensification of the accusation of
untrustworthiness. Slum-dwellers are accused of cheating, of duplication, and are
assigned new numbers, a presumptive de-duplication. But each effort to deduplicate only intensifies the condition of duplication and the accusation.
Lawrence Cohen, Berkley Anthropologist
Introduction: Competing Platforms
Over the last five years, India has jumped to the forefront globally
in the application of biometric technology with its ambitious program to
more accurately account for its substantial and growing population.
Faced with governing more than 1.2 billion people, India has launched
two overlapping but separate efforts to biometrically catalog its entire
population: the Unique ID (UID) project299 of the Unique Identification
Authority of India (UIDAI) and the National Population Register (NPR) of
299
The UID project is also called Aadhaar, which means foundation in Hindi.
171
Many countries already look to India as inspiration for future identification projects,
including Nigeria and arguably the U.S. Raze Machan, "100 Million Nigerians to Be
Registered in New Biometrics Database," in Biometric Update; Tarun Wadhwa, "We Don't
Need a National Id Card," in Forbes Technology (Forbes.com).
301 Government of India Press Informaiton Bureau, "Aadhaar Enrolments Beyond 20
Crore," ed. Government of India Press Information Bureau.
300
172
173
National Institute of Public Finance and Policy puts the percentage of leakage that
is caused only by those types of corruption that Aadhaar would address at 7-12% of the
subsidy National Institute of Public Finance and Policy, "A Cost-Benefit Analsys of
Aadhaar," (New Delhi: National Institute of Public Finance and Policy).. The World Bank
has estimated that only 41% of the food set aside for feeding the poor actually reaches
those households Mehul; MacAskill Srivastava, Andrew, "Poor in India Starve as
Politicians Steal $14.5 Billion of Food," Bloomberg.com, August 8th, 2012.
304 Unique Identification Authority of India UIDAI, "Role of Biometric Technology in
Aadhaar Enrollment," (New Dehli, India ).
174
175
This chapter traces the underlying drives and tensions that are
shaping Indias biometric programs, and that will likely structure their
ultimate impact on the lives of those they target. First, I sketch out the
history of administrative identification in India and describe the genesis,
policies and pitfalls of the Aadhaar and NPR projects. I then examine in
detail the particular way in which these identification schemes imagine
their subjects and the benefits they offer, specifically on promises of
financial and social inclusion. The analytical focus is primarily on the
UIDAI, due to the novelty of the program in its goals and methods, as
well as its relative success. Through this analysis I illuminate the ways in
which the epistemological underpinnings of modern identification
systems ultimately limit their ability to benefit their intended audience.
Identity in India
Biometric technologies reaching their apex in India has a certain
poetry to it, for it was the necessities of British colonial rule of the
subcontinent that led to the first systematic use of fingerprints as an
administrative tool. A relatively sympathetic colonial official, William
Herschel, was faced with challenging task of adjudicating contract
176
disputes between local farmers and their seed suppliers and landlords.306
Rather than simply side unequivocally with the colonists, Herschel
attempted to develop a means of verifying the validity of a contract
despite the illiteracy and what was generally felt by the British to be the
inherent mendacity of the local populace. While there is a degree of
controversy over whether Herschel was solely responsible for the idea of
the practice, he indisputably began using palm prints for the sealing of
contracts which could then be later compared should a dispute arise.307
Convinced of the efficacy of this practice, Herschel began collecting the
prints of locals, which later were invaluable to Francis Galton, the father
of fingerprinting- in both developing his classification scheme and
granting the practice scientific validity. It was again in India that
fingerprinting fully matured into a viable identification system, when
Edward Henry, another colonial official, further developed Galtons
nascent classification system, transforming it into a searchable indexing
technology.308
The politics of Colonialism of course complicate the already
muddied distinctions between civil administration and criminal
Chandak Sengoopta, Imprint of the Raj : How Fingerprinting Was Born in Colonial India
(London: Pan).
307 Ibid; Cole, Suspect Identities: A History of Fingerprinting and Criminal Identification;
Beavan, Fingerprints : The Origins of Crime Detection and the Murder Case That Launched
Forensic Science.
308 Cole, Suspect Identities: A History of Fingerprinting and Criminal Identification.
306
177
Ibid.
Anderson, "Godna: Inscribing Indian Convicts in the Nineteenth Century."
311 Gyan Prakash, Another Reason : Science and the Imagination of Modern India (Princeton,
N.J.: Princeton University Press).
309
310
178
both pre- and post-Colonial India.312 Caste and religion were used by the
British to divide, make sense of, and exploit their colonial subjects,313 and
remain a driving factor of much of Indias current policies and politics.
Laura Dudley-Jenkins does an excellent job laying out the contested
politics of group identification in India, wherein attempts to eradicate
caste distinction meet resistance from those within lower castes due to the
creation of a positive identity politics as well as their desire to maintain
access to affirmative action policies.314 In other words, attempts to
alleviate the inequality among lower castes have necessitated the
identification of individuals in these groups, and due to these progressive
policies such group identification has become desirable and even
something worth fighting for.
This is all to say that while identification certainly leads to social
sorting, it is often the drives for social sorting that lead to identificationand that such policies are hardly novel in India, nor are they always
viewed negatively by those in lower social or economic classes. This is
further intensified by the Indias democratic and (arguably until recently)
socialist composition. Democracy necessitates the identification of
179
315
180
181
Paperwork, Public Safety, and the Reign of Terror; Tawil-Souri, "Orange, Green, and
Blue: Colour-Coded Paperwork for Palestinian Population Control; Gates, Our Biometric
Future : Facial Recognition Technology and the Culture of Surveillance.
320 Joe Painter, "Prosaic Geographies of Stateness," Political Geography 25, no. 7.
321 Partha Chatterjee, "Democracy and Economic Transformation in India," Economic and
Political Weekly 43, no. 6., paraphrased in Philippa; Vira WIlliams, Bhaskar; Chopra,
Deepta, "Marginality, Agency and Power: Experiencing the State in Contemporary
India," Pacific Affairs 84, no. 1: 11.
182
322
183
biometric database and collection mechanism, and has been forced to cede
this task to its rival agency, the UIDAI.323
The goal of the NPR is to build a database of all residents of India
linked to 14 pieces of biographical information as well as ten fingerprints,
scans of both irises and a picture. The biographical data included is as
follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Name of Person
Relationship to head [of family]
Father's name
Mother's name
Spouse's name
Sex
Date of Birth
Marital Status
Place of Birth
Nationality as declared
Present address of usual residence
Duration of stay at present address
Permanent residential address
Occupation/ Activity
Educational qualification324
323
324
184
325
Ibid.
185
Ibid.
See, for examples of such criticisms, Usha Ramanathan, "Implications of Registering,
Tracking, Profiling," The Hindu, April 4th, 2010; Gopal Krishna, "Is Uid Anti-People?- Part
7: Incarnation of New Geo-Stratigic Tools, Nctc, Natgrid, Uid, Rfid and Npr," Moneylife,
December 12th, 2012.. The UID is similarly implicated in such accusations. See, for more
on the TIA, Reg Whitaker, "A Faustian Bargain? America and the Dream of Total
Information Awareness," in The New Politics of Surveillance and Visibility, ed. Richard V.
Ericson and Kevin D. Haggerty (Toronto: University of Toronto Press).
328 Standing Committee on Finance, "The National Identification Authority of India Bill,
2010," ed. Fifteenth Lok Sabha Ministry of Planning (New Delhi: Lok Sabha Secretariat),
9-11.
326
327
186
187
188
Ibid.
Pramod Varma, May 25th, 2012.
189
190
Ibid.
Samant Kakkar, May 20th, 2012.
191
registration of residents rather than only Indian nationals. The UID does
not even ask citizenship status. This is in a large part due to the fluid
nature of citizenship in developing countries such as India, and a concern
that the linking of an Aadhaar number to what Kamal Sadiq calls paper
citizens may solidify the status of fraudulent individuals, undermining
the credibility of the enterprise.340 Even the NPR hedges on this question,
entering nationality as declared rather than as verified and legitimized
by the state, although its goal is to eventually create a sub-database that
contains only citizens.341
Unlike most national ID programs, the UID has been explicitly
focused on the poor and marginalized populations, those who live in
Indias social, political and economic periphery.342 The 2012 UIDAI
concept paper on Social Inclusion and Aadhaar states that Inclusion of
the vulnerable groups [is] the summum bonum and metaphorically
speaking, the heart and soul of the Aadhaar project.343 The project, they
state, is to grant recognition and ease the barriers to inclusion for the
poor, and in doing so create real economic value for residents, the
government, and the private sector. While the representatives I
Sadiq, Paper Citizens : How Illegal Immigrants Acquire Citizenship in Developing Countries.
National Population Register, "Faqs".
342 UIDAI, "Uidai Strategy Overview: Creating a Unique Identity Number for Every
Resident in India," 6.
343 "Social Inclusion and Aadhaar: Introduction & Concept Paper," ed. Government of
India Planning Commission (New Delhi), 3.
340
341
192
It should be noted, that while Nilekani said in his interview with me that the UID is
unique in its being an authentication (1:1) rather than identification database (1:N),
deduplication- upon which the integrity of the database is founded- is an identification
(1:N) task. Nandan Nilekani, May 29th, 2012.
345 Amol Sharma, "Study Shows Uinque Id's Reach to India's Poor," The Wall Street
Journal, April 24.
344
193
National Institute of Public Finance and Policy, "A Cost-Benefit Analsys of Aadhaar."
Chatterjee, The Politics of the Governed : Reflections on Popular Politics in Most of the
World.
346
347
194
195
196
the relationship between the subaltern and the state, although there is
enough information to make safe speculations. The UID argues that
Aadhaars benefits for the marginalized residents of India fall into two
overlapping categories: economic (financial inclusion, access to benefits,
fighting corruption) and political (social inclusion, official recognition). It
is through this lens that it is possible to understand the intended and
possibly unintended effects, which I address in turn.
Swagato Sakar argues that the UID is not an orthodox neoliberal project, but I
believe that his definition of neoliberalism as being only a retreat of the state is much
too narrow, for as Wolin ably argues the provision of goods to the poor is not antithetical
to neoliberal policies. His description of a new bureaucratic moment in which the
executive branch is freed from democratic process and open to non-state (read: private)
providers, with an emphasis on efficiency and fluidity of labor is, I think, a good
description of neoliberal tactics. Swagato Sarkar, "The Unique Identity (Uid) Project and
the New 'Bureaucratic Moment' in India," QEH Working Paper Series- QEHWPS194;
Sheldon S. Wolin, The Presence of the Past : Essays on the State and the Constitution, The
Johns Hopkins Series in Constitutional Thought (Baltimore: Johns Hopkins University
Press).
355
197
David Harvey, A Brief History of Neoliberalism (Oxford ; New York: Oxford University
Press), 2.
357 A Brief History of Neoliberalism (Oxford ; New York: Oxford University Press), 2-3.
358 Nilekani, Imagining India : The Idea of a Renewed Nation, 308.
359 Imagining India : The Idea of a Renewed Nation, 306.
360 Imagining India : The Idea of a Renewed Nation, 311.
356
198
James Ferguson, "The Uses of Neoliberalism," Antipode 41, no. S1: 166.
"The Uses of Neoliberalism," Antipode 41, no. S1: 183.
363 Although it should be noted that the implementation of such programs in India are
not without controversy and resistance. See, for a nice summary of some of the pro and
con arguments Gardiner Harris, "India Amis to Keep Money for Poor out of Others'
Pockets," The New York Times.
361
362
199
is important to take this argument seriously and not dismiss the UID out
of hand but to carefully consider what the implications of its neoliberal
techniques have on political possibilities.
In terms of structure the UIDAI is an exception within the
government, lacking a legal foundation and with most of its functions
privatized. It acts not as a regulatory agency, but as a means of providing
the basic infrastructure (technological and legal) for market activities, be
that the creation of standards allowing for competition and use of
multiple biometric firms and registrars or the opening of authentication
services to private interests for entrepreneurial purposes. This is in direct
contrast to the RGI, which solely employs members of the civil service,
enjoys statutory grounding, and is rigidly bureaucratic in its operations.
Cohen rightly points out that the Security apparatus, in the postmillennial United States is the sine qua non of the zone of exception as
opposed to formal law, becomes on the contrary the embodiment of
statute and law and territory [while the] financial liberalization apparatus
is set apart as the troubling extra-legal state of exception.364 This is
hardly unique to the battle over identification programs, as liberalization
of the Indian economy has spawned Special Economic Zones across the
Lawrence Cohen, ""So When Should We Set up Our Camps?": The Uid-Npr Entente
Has Trouble," in followuidai: Anthropological Inquiry into India's New Biometric Identification
Program, ed. Lawrence Cohen (Berkely, CA).
364
200
201
202
work, the UID is seen as both a keystone and a catalyst for welfare
reform.367
This has led Ram Ramakumar to call the UID an intrusion plus
retreat, in which the state is simultaneously creating an intrusive
surveillance apparatus while retreating from its role as direct provider
and guarantor of social welfare.368 It is a shift from universalism to
targeting, and from direct provision to indirect provision.369 With
respect to the PDS system, this move is two-fold as the program serves not
only for poor consumers but is also part of a national food policy
involving procurement at set prices from peasant farmers (a policy that
itself has recently seen reform in the shape of futures-market middlemen).
In other words, the UID advances the neoliberal political agenda by
reorienting the relationship of the state with its marginalized population
from guaranteeing access to minimal goods and services to guaranteeing
minimal access to markets of goods and services.
Creating market access for the poor also creates access to the poor
by the markets. Called by Ananya Roy poverty capital, the poor are
367
2.
Intrusion Plus Retreat: Questions on the Unique Id Proejct in India, ISRF Seminar Series
(London School of Economics), Presentation.
369 "Identity Concerns."
368
203
Ananya Roy, Poverty Capital : Microfinance and the Making of Development (New York:
Routledge).
371 Anant Maringanti, "Sovereign State and Mobile Subjects: Politics of the Uidai,"
Economic and Political Weekly XLIV, no. 46: 37.
372 Lawrence Cohen, ""1.2. Billion Credit Histories Will Be Available: Aadhaar and the
Reformation of the Masses," in followuidai: Anthropological Inquiry into India's New
Biometric Identification Program, ed. Lawrence Cohen (Berkely, CA).
373 UIDAI, "Aadhaar Enabled Service Delivery."
374 S. Pajama, May 28, 2012.
370
204
205
206
207
the UID and NPR included, have procedures in place to deal with these
very populations, called exception processing. Typically these are
secondary procedures that allow for enrollment with more traditional
forms of identification and authentication with additional documentation.
With the UID, de-duplication is achieved through the biographic data
rendered, with the NPR through the public vetting of identities. And even
if the UID were made mandatory for all public programs, there is an
inevitable lag in coverage that would require alternative means of
identification. Thus, while biometric technologies have been argued to be
systematically biased against the inclusion of women, minorities, or the
working poor, the designers of the identity management programs of
which they are a part work to rectify this through backup policies (with, of
course, varying levels of vigor or success).
What this means in practice is that those who fail to enroll in the
biometric database are not excluded, they are an excess that are not
representable but nonetheless present in and part of the database. Those
whose fingerprints are too worn from manual labor and eyes clouded by
disease are inconvenienced, certainly, but so long as they come to be
points in earlier chapters- one of the key lessons of the Auschwitz tattoo is that the only
thing worse than being identified in such schemes is to remain unidentified.
208
Anecdotes are often told of individuals who were turned away due to unreadable
biometrics, but this is due to poor communication between the UID and private
registrars.
383
209
Wolin, The Presence of the Past : Essays on the State and the Constitution, 159.
The Presence of the Past : Essays on the State and the Constitution, 178.
386 The Presence of the Past : Essays on the State and the Constitution, 159.
387 The Presence of the Past : Essays on the State and the Constitution, 160.
384
385
210
388
The Presence of the Past : Essays on the State and the Constitution, 174.
211
212
Figure V-2: Posters from the UIDAI Technology Center in Bangalore, India
Over the picture of the young woman the first poster asks, Who
are you? stating immediately underneath We have the answer. The
second poster features a peasant laborer foregrounded with the statement
that India knows you: enroll now for the recognition. In each poster,
the individuals are being presented as not knowing who they are, and not
having the recognition they deserve. The state, through the UIDAI,
already possesses that which the individual lacks. It already has the
213
answer and knows you, but it cannot impart the knowledge and
recognition without the active enrollment of the subject.
The Awareness and Communication Strategy Advisory Council
(ACSAC) report Communicating to a Billion, emphasizes the social
benefits of the Aadhaar program as well. In discussing the Aadhaar logo,
which is a sun in red and yellow with a fingerprint at its center, the report
states that:
The idea of light within the logo also communicates an important
vision of the UIDAI- that Aadhaars uniqueness in identity
verification would allow governments to implement greater
transparency in welfare programs, bringing more light into the
delivery of services and resources. This idea of light can also be
used to communicate another core promise of Aadhaar- that with
this number, the poor will no longer be invisible to the state.
Aadhaar would throw light on, and recognize the existence of each
poor individual, by registering their identities with the
government.391
Whereas the report on Social Inclusion made the argument that it
was lack of access to public benefits and subsidies brought about by an
inability to prove identity that was keeping the marginalized from having
a dignified existence, the ACSAC report makes a subtly different point:
throwing light upon the poor and making them visible to the state
through individual registration is a core promise and end-in-itself on
par with the potential to bring greater transparency and efficiency to
Awareness and Communication Strategy Advisory Council ACSAC, "AadhaarCommunicating to a Billion: An Awareness and Communication Report," ed. Planning
Commission UIDAI, Indian Government (New Delhi), 60-61.
391
214
392
215
make you ready to serve the nation while a young boy runs in front of
parliament (the next scene, under the same stanza, is of military personnel
in a battle), and that it will enable you to be treated with pride, with
respect while a man labors on the street, and lights up the dark for the
group of poor men. An oft-repeated line in the song is through Aadhaar it
is possible to build the foundation of the nation, and images of people
from Indias diverse cultural and ethnic backgrounds are shown smiling
approvingly at the camera. Importantly, one of the last images is of a
group of what look like engineers or foremen overlooking a factory while
the singer encourages the viewer to come together and work together.
From a simple semiotic analysis of this video, it is possible to understand
that the UID is being sold as transformative process that takes the various
cultures, religions, classes and castes and makes of them a unified, proud
nation that can boldly stride into the industrialized future. In this, the
dignity and respect bestowed by registration is not simply that of the state
bureaucracy, but of belonging to and serving the greater whole. The
UIDAI is building and adding upon the imaginary of the cohesive nation,
brought together and more importantly, pulled out of the darkness, by the
dawning technis of the state assemblage.
216
Office of the Registrar General and Census Commissioner, "National Population Register
Promotional Pamphlet," ed. Ministry of Home Affairs (Online).
395 Department of Information Technology National Population Register, "Advertisement,
English Version."
396 Other posters in the Bangalore Technical office stated, Identity is our right. For an
interesting discussion of the legal history of understanding identification as a right, see
Simon Szreter, "The Right of Registration: Development, Identity Registration, and Social
Security- a Historical Perspective," World Development 35, no. 1.
397 ACSAC, "Aadhaar- Communicating to a Billion: An Awareness and Communication
Report."
217
the discourse of rights and duties, the NPR is evoking the social contract
wherein citizens (or, in this case, residents) are entitled to certain rights
from the state but in doing so are obliged to participate in the society in
particular ways. In this way, the pride of identity can be read not as
something that is conferred through registration (being treated with pride
and respect, or to enroll for the recognition) but rather as something that
is asserted and claimed (My Identity, My Pride). This comparison is
useful not to validate the RGIs approach, but rather to highlight the
assertion of the UIDAI that Aadhaar in-and-of-itself grants dignity and
legitimacy for the marginalized parts of society that they would otherwise
lack. This claim is (to say the least) problematic, but more importantly it
points to a naivet about the role of identification in the survival strategies
of the poor and marginalized.
Interestingly, despite the sophistication of the ACSAC report, one
of the more poignant criticisms of the UIDAI is that they have not done an
adequate job marketing the program, instead relying upon the apparent
benefits of registering to drive demand. While this strategy may be
validated by the (admittedly anecdotal) evidence that registrars are often
overrun whenever they open and the more concrete metrics of the
successful first phase which saw 200 million enrollments, general
misperception and misinformation about the program is a pressing
218
concern for the regional offices.398 The specific aspect of the program that
is the subject of frequent confusion is that Aadhaar is a number not an ID
card. News articles often refer to the Aadhaar card, and one even
complained of the paper quality used to print the card,399 even though
the UIDAI takes great pains to point out whenever it can that it is not
issuing an ID card but rather sending a letter to inform residents of their
number. Pramod Varma, chief architect of the UIDs technical
infrastructure, recounted that one of the security guards of the Bangalore
Technical Center asked daily when he would get his card despite repeated
explanations and reminders that no such card would be forthcoming (just
a letter!).400
The stubborn misunderstanding of the security guard is indicative
of more than simple miscommunication or ignorance. What is at stake is
instead a politics of materiality, legibility, and control. One of the primary
goals of the UID is to centralize Indias identification infrastructure in a
way that leaves it impervious to manipulation by local actors. In order to
do so, it reads the bodies of its registrants, but in a way that is not
understandable to either them or the individual who is actively scanning
them. Authentication occurs inside the servers of the Aadhaar database,
UIDAI, "Role of Biometric Technology in Aadhaar Enrollment."
M. Shrinavasa, "Poor Quality of Aadhaar Cards Huge Let-Down for Citizens," Deccan
Chronicle, July 7.
400 Varma.
398
399
219
protected and opaque to all but its engineers (and even to them it is kept
somewhat obscured). Even the Aadhaar number is meant to be
incomprehensible to all but the machine, its random generation a point of
pride.401 Identification that happens digitally and immaterially, and that
is built off of information that cannot be understood by its human
operators, is seen to be impossible to manipulate or misrepresent.
Yet it is this very materiality and legibility that an ID card grants
and that the security guard, and those like him, desires. A card with a
picture, a name, or other data can be seen and corrected, it can be
displayed or hidden; it is a material manifestation of the relationship
between the state and the individual that holds and controls. Perhaps the
career bureaucrats of the RGI, ensconced as they are in the materiality of
the paperwork that structures their lives, have a more intuitive grasp of
the importance of the ID card. This is not to say that ID cards are not
potentially oppressive, and the forced use of them not a burden, but rather
that the shift to centralized, digital identification is a clear restructuring of
power away from the individual. The importance of the letter to those
who have registered should be seen as a push for materiality and
legibility, and ultimately, for a means to negotiate and control what
happens with their identity.
401
Ibid.
220
221
indicates not a lack of concern for privacy but rather an acute sensitivity to
information sharing and its repercussions. As Maringanti astutely
observes, under the changes of globalization large numbers of the poor
will depend crucially for their survival on being able to choose tactically
when to become visible and be counted by the state and when not to be
counted by the state.404 It is unlikely that these individuals do not
understand the potential privacy harms. A recent survey indicated that
only 17% of Indians trust that personal information collected by the UID
and NATGRID projects will not be misused, but that they see it as a
potential tool for tactically visibility.405
It cannot be stressed enough that the UID does not guarantee rights
or access to public benefits, it merely removes a barrier to them. And so
long as the relationship between the individual and the state remains
contingent and arbitrary, programs like Aadhaar and the NPR will be sites
of contestation, negotiation, and politics despite the lofty goals to make
such tactics unnecessary and obsolete. Quoting Jacobsen, [t]he utopian
idea of an empty, valueless technological space that classifies each body
equally (on equal terms) through capturing body data into code is
instantly disrupted as the number itself only has a value, a significance,
Maringanti, "Sovereign State and Mobile Subjects: Politics of the Uidai," 38.
Ponnurangam; Sachdva Kumaraguru, Niharika, "Privacy in India: Attitudes and
Awareness V 2.0," (New Delhi, India: Indraprastha Institute of Information Technology).
404
405
222
223
224
225
those who can afford it least. The difference between the two may be as
simple as a question of asking for whom is the program mandatory? If, as
currently structured, it is those who are dependent upon government
subsidies who must procure and produce upon request an Aadhaar
number and matching biometrics, then it will most likely become a
burden and a means of exclusion. If, however, it is the government
agencies who must accept Aadhaar as a legitimate and final form of
identification among many possible options, then the burden is on the state to
provide a multiplicity of means to allow access to those who are in need.
226
CHAPTER VI
CONCLUSION:
UNFIXED
Inigo Montoya: Who are you?
Man in Black: No one of consequence.
Inigo Montoya: I must know...
Man in Black: Get used to disappointment.
-William Goldman, The Princess Bride409
The Future is Now
My research question was why do states (1) identify (2) through
bodies and (3) with what effect? States, or to be specific, modern
bureaucratic states, identify in order to manifest and materialize their
relationship with their subjects. It is necessary, even in conditions of
extreme neglect and intentional harm, that if life is being managed that
identification of some sort exists. This does not have to be individual
identification, but the structural drives of bureaucracies to categorize,
track, and discriminate amongst individuals as individuals leads to
personal identification. Situations in which the ontological basis of
identity is weak, both in situations of biographical or psychological
disruption and increasingly simply due to the digitization and
409
William Goldman, The Princess Bride : S. Morgenstern's Classic Tale of True Love and High
Adventure, 1st Harvest mass market ed. (Orlando: Harcourt).
227
228
contingent and contextual historically, but the issues are generally the
same.
In their report Identification for Development: The Biometrics
Revolution, Alan Gelb and Julia Clark identified over 230 relevant
biometric identification cases spread across more than 80 developing
countries, of which they were able to confirm and research some 160
cases in 73 countries.410 Of these, 45 cases were foundational rather
than functional, i.e. that they were being put in place as an all-purpose
ID rather than for a specific program such as elections or welfare.411 While
Gelb and Clark make a general distinction between the ID programs of
developing and developed countries, stating that the former primarily use
biometrics for civil purposes and the latter for security. However,
identification, and in particular biometric identification, is being used with
increasing frequency in more applications and contexts both civil and
commercial in developed countries. Of particular note are attempts to
create stable identities for use in online contexts and commerce, for
example the U.S. National Strategy for Trusted Identities in Cyberspace
and the U.K.s Identity Assurance Scheme. As with the contradictory but
overlapping programs of the UID and NPR in India, pushes for
interoperability between programs and databases blur the lines between
410
411
229
civil and security purposes, between public and private sectors, and even
between national borders. We may never see a single, central global
database, or even a database that holds a national monopoly, but the
networking of the various programs may make such an artifact
superfluous. Returning to Daniel Soloves concerns that were raised in
the Chapter II, the fear should not be of the all-knowing totalitarian, but
rather of the absurd, the incomplete, and the Kafkaesque.412 A
proliferation of databases does not equal a system of redundant checksand-balances, but rather the spread of information authority whose
methods and rounding-errors are black-boxed to the rest of the
network.
My dissertation shows that identification programs and
technologies should not be taken as prima facie good or bad. Identification
is the materialization and the manifestation of the relationship between
the state and the individual, and at their best these technologies can be
used to make claims against the state and to protect personal
information.413 The tools of governmentality are precisely that- tools- and
just as swords can be beaten into ploughshares, fingerprints can come to
represent not the criminal but the human. The cards, however, are
Solove, Dp.
I think a good example of biometric technology being used as a privacy enhancing
technology is in the U.S. Healthcare industry, in which access to medical records are
controlled by palm-vein recognition technology, which is good for authentication but not
for identification, thus making it a poor database for security or interoperability.
412
413
230
currently stacked against this outcome; it would take quite a bit of beating
to turn most identification programs against the surveillance state, and
even those that are set up as being pro-poor such as the UID could easily
be transformed into a means of expanding governmental power.414
This does not mean that the outcomes of identification projects are
inevitable or immutable.416 Many early and even recent attempts at
To repeat a point in Chapter V, while the focus of the UID is authentication, it must
first de-duplicate, which is essentially an identification task. It would only take minor
changes in policy to use the de-duplication process to search for the identities of
unknown individuals. This is only bolstered by the decision to keep the original images
on file and not just the templates.
415
UK Home Office, "Shredded Bits of the Database," (Flickr).
416
Although they do take advantage of the inevitability crisis Benjamin J. Muller, "Borders,
Bodies, and Biometrics: Towards Identity Management," in Global Surveillance and Policing :
Borders, Security, Identity, ed. Elia Zureik and Mark B. Salter (Cullompton ; Portland, Ore.:
Willan).
414
231
deploying both civil and security identity programs have met with public
outrage, internal dissent, and outright failure.417 The specter of the
tattooed identity often raises its head, only to be promptly laughed at
rejected as a horrific relic (again, even in the concentration camp system,
the practice did not extend past Auschwitz). Perhaps the most poignant
example of a failed identity program is the U.K.s national ID card
database, which was already in advanced enrollment stages when an
organized opposition campaign and changing political winds doomed its
full implementation. How does one destroy a database? It turns out that
databases, far from being truly ephemeral, ethereal objects, actually
possess materiality that can be grasped, manipulated, and destroyed.
Figure VI-1 is a picture of the shredded servers, crunched into bits due to
the difficulties to ever truly purge information from a hard-drive. As
satisfying as this may have been for privacy advocates, the picture should
be likewise chilling. The traces that are left behind so easily now by our
leaky vessels as we traverse the modern landscape are not so readily
erased without extreme real-world intervention.
The conversation that often surrounds programs of identification
often falls into what Ben Kafka called the Duck Soup Problem from the
Cole, Suspect Identities: A History of Fingerprinting and Criminal Identification; Gates, Our
Biometric Future : Facial Recognition Technology and the Culture of Surveillance; Magnet,
When Biometrics Fail : Gender, Race, and the Technology of Identity.
417
232
Marx Brothers movie, wherein Groucho Marx declares, the food in this
restaurant is terrible and the portions are too small! In other words,
programs are seen as both undesirable for privacy or political concerns,
while at the same time complaints are made that the technologies do not
work as they should, that they are inefficient and incomplete. But to
complete or advance the technology is to make an undesirable program
more effective! While my dissertation builds off of the argument that
identification technologies, and biometrics in particular, rarely if ever are
capable of delivering the totalities and solutions to the social problems
that their proponents promise, it is my steadfast goal not to fall too deep
into conversations of relative efficiencies. In part, this because given the
rapid pace of technological change, that would be a fools errand;
predictions are invalidated almost as quickly as they are made. More
importantly, however, it is an unnecessary argument, at least in an
academic context.418 Identification programs will never be total and will
never be complete because representation is never total nor complete, or it
ceases to be a representation. Infinitesimally small probabilities of error
are still possible, and exceptions will always exist.
For advocates for and against these programs, numbers and cost-benefit analyses are
the currency with which to win over the officials creating and administering identity
policy.
418
233
This does not mean that identification does not work in practice,
but it does mean that the work it does fits neither utopic nor dystopic
fantasies of totality. This work is the legitimization of bureaucratic
decision-making, and the ever-present possibility of technological error
actively enables the arbitrary intervention of human agents, for better or
worse. The technology also becomes a convenient scapegoat for official
failure, for example, when biometric systems did not actually eradicate
electoral fraud.419 Instead of admitting that such fraud has deeper, more
systemic roots that could not possibly be solved through a single
technological fix, officials blamed the workings of the particular systems
and vendors used. This may be seen as a victory for opponents of such
systems, but in fact it just keeps the door open for technological advances
and keeps the underlying political and social structures intact.
The primary concern is the increasing proliferation of points at
which arbitrary power and ambiguity touches individuals. As
demonstrated by the overwhelmingly gray fog that encompasses not just
the Iraqi and Afghanistani populations, but also NGOs, third country
nationals, and- if they were being totally honest- U.S. troops themselves in
the U.S. militarys biometric databases, it is never possible to prove the
positive, to prove that you are not a fraud, and that you are the same you
Daniel Finnan, "Biometric Breakdown Means Second Day of Voting in Ghana," RFI
English, December 8th.
419
234
from ten days ago. With this I agree with Agamben that identification
makes us always-already suspects, but it is not criminality that is at stake.
Instead, the crime is simply of being an error, an exception, an object in
need of scrutiny. It is in these mini-states of exception that the fragile and
constructed nature of our identities and our social standing are exposed,
laid bare for arbitration by all-too-human Nobodies. It is against the
politics of contingency and ambiguity that the battles of identification
must be fought, where the burden of proof must be on the state and not
the individual, where the relationships mediated by identity documents
enable rather than call into question the claims of the individual. The
seeming inevitability of identification technologies is primarily due to the
fact that they are the natural extensions of current governmental logic.
But as eloquently shown by Alexei Yurchak in his book Everything Was
Forever, Until It Was No More, governmental logics are only inescapable
from the inside.420 As soon as they cease to hold sway, the inherent
cracks, contradictions and failures that were always present become
visible, and what was once deemed impossible to even imagine becomes
predestined.
420
Alexei Yurchak, Everything Was Forever, until It Was No More : The Last Soviet Generation,
In-Formation Series (Princeton, NJ: Princeton University Press).
235
421
There are general histories already in place, but I feel that a full telling of the industrial side has
yet to be written. See: Gates, Our Biometric Future : Facial Recognition Technology and the
Culture of Surveillance; Magnet, When Biometrics Fail : Gender, Race, and the Technology of
236
Identity; Elia; Karen Hindle Zureik, "Governance, Security and Technology: The Case of
Biometrics," Studies in Political Economy 73, no. Spring/Summer.
422 Foucault, Discipline and Punish : The Birth of the Prison.
237
Jane; Kerr Bailey, Ian, "Seizing Control?: The Experience Capture Experiments of
Ringley & Mann," Ethics and Information Technology 9, no. 2.
424 Stein, "Cia's Secret Fear: High Tech Border Checks Will Blow Spies' Cover."
425 Kim Zetter, "Dubai Assassination Followed Failed Attempt by Same Team," Wired
Threat Level, January 1.
423
238
239
240
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