Access To Knowledge (A2K)

Emotional Contagion: Theorising the Role of Affect in COVID-19 Information Disorder

Yesha Tshering Paul and Amrita Sengupta — 2025-04-14T18:51:27Z

In this paper, we investigate the underexplored emotional drivers of information disorder, with a particular focus on how it manifested in COVID-19 misinformation in India. While "fake news" has received considerable attention for its impact on elections, marginalized communities, and public health, mainstream information disorder research does not sufficiently prioritise the underlying psychological factors that influence information trust.

By incorporating theoretical frameworks from psychology, sociology, and communication studies, we reveal the complex foundations of both the creation and consumption of misinformation. From this research, fear emerged as the predominant emotional driver in both the creation and consumption of misinformation, demonstrating how negative affective responses frequently override rational analysis during crises. Our findings suggest that effective interventions must address these affective dimensions through tailored digital literacy programs, diversified information sources on online platforms, and expanded multimodal misinformation research opportunities in India.

Click to download the research paper

For more details visit https://cis-india.org/internet-governance/blog/emotional-contagion-theorising-role-of-affect-in-covid-19-information-disorder

Emotional Contagion: Theorising the Role of Affect in COVID-19 Information Disorder

Yesha Tshering Paul and Amrita Sengupta — 2025-04-14T05:23:21Z

Click to download the research paper

For more details visit https://cis-india.org/internet-governance/emotional-contagion-theorising-role-of-affect-in-covid-19-information-disorder

Emerging Technologies: Issues & Way Forward

Admin — 2018-05-26T00:39:11Z

Aayush Rathi and Gurshabad Grover attended a two day conference on 'Emerging Technologies: Issues & Way Forward' organised by the Technology Policy team at the National Institute of Public Finance and Policy (NIPFP), held on 23rd and 24th May in Bangalore.

The themes for discussion included:

Privacy, surveillance and data protection
Regulation of emerging technologies
Building sound regulators for technology policy, and
Fintech regulation

Click here to read the agenda

For more details visit https://cis-india.org/internet-governance/news/emerging-technologies-issues-way-forward

Emerging Issues in the Internet of Things

Admin — 2017-10-03T01:53:25Z

Andrew Rens will give a talk about research that he is doing at the Internet Governance Lab on October 23, 2017 at the Centre for Internet & Society in Bengaluru.

It seems almost anything can be connected to the Internet: 3D printers, cars, traffic lights and even toasters. This proliferation of Internet enabled devices, the Internet of Things (IoT), raises a cloud of complex problems, of ownership and control, privacy and surveillance, ubiquity and network fragility. IoT doesn't just promise efficiency; cheap sensors and printers might put scientific research and customized manufacturing in the hands of millions more people. The governance of the IoT, exhibits the same super complexity as Internet governance generally; with multiple sites of governance and actors operating across legal borders. Legal regulation, standards and the architecture of technology determine how the IoT is configured and how it will be reconfigured in response to these problems. Where is the technology governance of the IoT currently taking shape? What forces will likely bear on the governance of the IoT? What role will permissionless innovation play, and what its limits? How will intellectual property laws complicate the IoT?"

The event, overall, is expected to be a thought provoking one for discussion on things related to IoT.

For more details visit https://cis-india.org/internet-governance/events/emerging-issues-in-the-internet-of-things

Emerging AI technology in health care in India, health equity and justice: Critical reflections and charting out way forward

Admin — 2019-07-21T15:47:27Z

On July 13, 2019, Radhika Radhakrishnan, participated in a roundtable discussion on "Emerging AI technology in health care in India, health equity and justice: Critical reflections and charting out way forward." The event was organized by HEaL (Health, Ethics, and Law Institute of Training, Research and Advocacy) of FMES (Forum for Medical Ethics Society) in collaboration with CPS (Centre for Policy Studies), Indian Institute of Technology-Bombay.

Radhika chaired a session on the ethics of AI in healthcare in India, and my main submissions included: the medicalization of and experimentation on women's bodies under a medical-industrial complex for the design of AI-based healthcare models, and FAT (Fairness, Accountability, Transparency) concerns with AI. She was also invited to draft some of this content into a paper submission to the Indian Journal of Medical Ethics which is a peer-reviewed and indexed academic journal run by FMES.

For more details visit https://cis-india.org/internet-governance/news/emerging-ai-technology-in-health-care-in-india-health-equity-and-justice-critical-reflections-and-charting-out-way-forward

Emergence of Chinese Technology:Rising stakes for innovation, competition and governance

Admin — 2019-08-19T14:03:21Z

Omidyar Network in partnership with the Esya Centre organized a private discussion on the theme “Emergence of Chinese technology - rising stakes for innovation, competition and governance” on Monday, 12 August 2019 in New Delhi. Arindrajit Basu attended the event.

China Ascendant: Soft Power report by ON focuses on three prongs of power-digital power, fore power and sharp power. Standards have been a major avenue for proliferation of Chinese competition.This is combined with knowledge transfer as 2.8 million Chinese students in the US have largely returned to tech companies in China. Core strength is still not in basic research so by 2020, aiming for 15 per cent of PhD.s to be in basic research. China uses nudges in shaping global governance outcomes by targeting the right stakeholders as opposed to altering the ground rules entirely, Universities in China have focused on how cultural connections can be linked upto negotiating prowess at multilateral fora.

China takes a whole of government approach to technology innovation. Continues to be consumer focused.
China does not look at India as a R+D partner,more as a market.Stability and unpredictability has been an issue.None of India's tech policies were drafted with China in mind.

For more details visit https://cis-india.org/internet-governance/news/emergence-of-chinese-technology-rising-stakes-for-innovation-competition-and-governance

Elite Capture of Governance in Bangalore

praskrishna — 2016-01-12T16:28:20Z

Vanya Rakesh participated in the event held in Bangalore on December 16, 2015.

This was a public consultation on the TENDER Sure Road project, discussing elite capture of Governance in Bangalore by way of this project. The panel comprised of experts to lead the consultation, followed by views of the society members on this issue. The panel discussion was organised by the Forum for Urban Governance and Commons. For more info click here.

For more details visit https://cis-india.org/internet-governance/news/elite-capture-of-governance-in-bangalore

Elements of a Decentralized Web

Admin — 2017-11-23T14:16:26Z

Gene Kogan will deliver a talk on the elements of a decentralized web at the Centre for Internet (CIS) office in Bengaluru on December 11, 5.30 p.m. to 7.30 p.m.

The internet is broken. Straying far from the original vision of democratizing access to knowledge, large tech companies now resemble the industrial barons of the 19th century, presiding over what many scholars regard as a public utility but nevertheless unregulated. As machine learning has entered the picture, the usual suspects like Facebook, Reddit, and Quora, have begun training sophisticated algorithms on personal data to route traffic in order to maximize attention, leading to a web which is more atomized, addictive, and anxiety-inducing.

In response to this, some have begun writing about, conceptualizing, and implementing the open-source protocols of what they consider the future web 3.0. Cryptocurrency enthusiasts have expanded their focus to more generalized blockchains which enable trust in decentralized platforms, while initiatives like IPDB and IPFS ambitiously promise to make hosting, storage, database querying, and even computation itself possible inside of peer-to-peer networks. But all is not well in this techno-utopia -- as the speculative bubble around this "internet of money" grows, so too does interest from the very institutions these new initiatives seek to overcome. The landscape is beginning to look like Silicon Valley of the 1990s and the threat of a crash looms. It's up to us to determine which way this one will play out.

Gene Kogan

Gene Kogan is an artist and a programmer who is interested in generative systems, computer science, and software for creativity and self-expression. He is a collaborator within numerous open-source software projects, and gives workshops and lectures on topics at the intersection of code and art. Gene initiated ml4a, a free book about machine learning for artists, activists, and citizen scientists, and regularly publishes video lectures, writings, and tutorials to facilitate a greater public understanding of the subject.

Links:

genekogan.com

twitter.com/genekogan

For more details visit https://cis-india.org/internet-governance/events/elements-of-a-decentralized-web-talk-by-gene-kogan

Electronication: Ragas and the Future

praskrishna — 2011-04-04T07:18:29Z

What more is better than listening to music and later on getting into a discursive conversation with its composers to better understand the transformative power of high-energy music. CIS is pleased to invite you to an evening conference followed by a concert by Charanjit Singh, Samrat B. and Imaad Shah playing improvised versions of Charanjit Singh's “Ten Ragas to a Disco Beat”.

About the Music

In 1982, seasoned Bollywood composer and arranger Charanjit Singh visited Singapore and got his hands on the now holy trinity of a Roland 303, 808, and Jupiter 8 - the core of acid house and the gear that forged the genesis of electronic dance music as we know it today.

Later that year, EMI India releases an album limited to a few thousand copies: "Synthesizing: Ten Ragas to A Disco Beat". It presents Charanjit's effort at using what was then an entirely new technology to bridge the gap between programmed beats, synth lines, and classical Indian music motifs.

It essentially sinks without a trace.

In 2008, Dutch label Bollywood Connection re-released this LP to an unsuspecting and wholly ignorant public, convinced that these beats were established in the clubs of Chicago and Detroit in 1986, except they never were.

Since the re-release, this album has been raising eyebrows worldwide.

About the Musicians

Charanjit Singh is a seasoned Bollywood composer and arranger who lives in Bombay. We recently met him, and we are now working with him to bring his work back into the twenty-first century and into the public eye, where it belongs. On March 6, he will give a performance from this landmark album for the first time in nearly 30 years.

Samrat B. performs under the name Teddy Boy Kill along with another musician. Streaming from continuous transmutation of music & audio-emotive desires, the sound of Teddy Boy Kill stems out of Psychedelic, Dub, Electro, Rock & Funk. The music is an attempt to revive the dance & groove mentality.

Imaad Shah is a musician, writer, and actor based in Mumbai. An avid enthusiast of music and pop history, he has dug deep into the Bollywood sound culture and is part of Pulp Society, a funk jazz act from Mumbai.

For more details visit https://cis-india.org/events/electronication

Electoral Databases – Privacy and Security Concerns

snehashish — 2014-01-16T11:07:21Z

In this blogpost, Snehashish Ghosh analyzes privacy and security concerns which have surfaced with the digitization, centralization and standardization of the electoral database and argues that even though the law provides the scope for protection of electoral databases, the State has not taken any steps to ensure its safety.

The recent move by the Election Commission of India (ECI) to tie-up with Google for providing electoral look-up services for citizens and electoral information services has faced heavy criticism on the grounds of data security and privacy.[i] After due consideration, the ECI has decided to drop the plan.[ii]

The plan to partner with Google has led to much apprehension regarding Google gaining access to the database of 790 million voters including, personal information such as age, place of birth and residence. It could have also gained access to cell phone numbers and email addresses had the voter chosen to enroll via the online portal on the ECI website. Although, the plan has been cancelled, it does not necessarily mean that the largest database of citizens of India is safe from any kind of security breach or abuse. In fact, the personal information of each voter in a constituency can be accessed by anyone through the ECI website and the publication of electoral rolls is mandated by the law.

Publication of Electoral Rolls
The electoral roll essentially contains the name of the voter, name of the relationship (son of/wife of, etc.), age, sex, address and the photo identity card number. The main objective of creation and maintenance of electoral rolls and the issue of Electoral Photo Identity Card (EPIC) was to ensure a free and fair election where the voter would have been able to cast his own vote as per his own choice. In other words, the main purpose of the exercise was to curtail bogus voting. This is achieved by cross referencing the EPIC with the electoral roll.

The process of creation and maintenance of electoral rolls is governed by the Registration of Electors Rules, 1960. Rule 22 requires the registration officer to publish the roll with list of amendments at his office for inspection and public information. Furthermore, ECI may direct the registration officer to send two copies of the electoral roll to every political party for which a symbol has exclusively been reserved by the ECI. It can be safely concluded that the electoral roll of a constituency is a public document[iii] given that the roll is published and can be circulated on the direction of the ECI.

With the computational turn, in 1998 the ECI took the decision to digitize the electoral databases. Furthermore, printed electoral rolls and compact discs containing the rolls are available for sale to general public.[iv] In addition to that, the electoral rolls for the entire country are available on the ECI website.[v] However, the current database is not uniform and standardized, and entries in some constituencies are available only in the local language. The ECI has taken steps to make the database uniform, standardized and centralized.[vi]

Security Concerns
The Registration of Electoral Rules, 1960 is an archaic piece of delegated legislation which is still in force and casts a statutory duty on the ECI to publish the electoral rolls. The publication of electoral rolls is not a threat to security when it is distributed in hard copies and the availability of electoral rolls is limited. The security risks emerge only after the digitization of electoral database, which allows for uniformity, standardization and centralization of the database which in turn makes it vulnerable and subject to abuse. The law has failed to evolve with the change in technology.

In a recent article, Bill Davidow analyzes "the dark side of Moore’s Law" and argues that with the growth processing power there has been a growth in surveillance capabilities and on this note the article is titled, “With Great Computing Power Comes Great Surveillance”[vii] Drawing from Davidow’s argument, with the exponential growth in computing power, search has become convenient, faster and cheap. A uniform, standardized and centralized database bearing the personal information of 790 million voters can be searched and categorized in accordance with the search terms. The personal information of the voters can be used for good, but it can be equally abused if it falls into the wrong hands. Big data analysis or the computing power makes it easier to target voters, as bits and pieces of personal information give a bigger picture of an individual, a community, etc. This can be considered intrusive on individual’s privacy since the personal information of every voter is made available in the public domain

For example, the availability of a centralized, searchable database of voters along with their age would allow the appropriate authorities to identify wards or constituencies, which has a high population of voters above the age of 65. This would help the authority to set up polling booths at closer location with special amenities. However, the same database can be used to search for density of members of a particular community in a ward or constituency based on the name, age, sex of the voters. This information can be used to disrupt elections, target vulnerable communities during an election and rig elections.

Current IT Laws does not mandate the protection of the electoral database
A centralized electoral database of the entire country can be considered as a critical information infrastructure (CII) given the impact it may have on the election which is the cornerstone of any democracy. Under Section 70 of the Information Technology Act, 2000 (IT Act) CII means “the computer resource, incapacitation or destruction of which, shall have debilitating impact on national security, economy.”[viii] However, the appropriate Government has not notified the electoral database as a protected system[ix]. Therefore, information security practices and procedures for a protected system are not applicable to the electoral database.

The Information Technology Rules (IT Rules) are also not applicable to electoral databases, per se. Since, ECI is not a body corporate, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information), Rules, 2011 (hereinafter Reasonable Security Practices Rules) do not apply to electoral databases. Ignoring that Reasonable Security Practices Rules only apply to a body corporate, the electoral database does fall within the ambit of definition of “personal information”[x] and should arguably be made subject to the Rules.

The intent of the ECI for hosting the entire country’s electoral database online inter alia is to provide electronic service delivery to the citizens. It seeks to provide “electoral look up services for citizens ... for better electoral information services.”[xi] However, the Information Technology (Electronic Service Delivery) Rules, 2011 are not applicable to the electoral database given that it is not notified by the appropriate Government as a service to be delivered electronically. Hence, the encryption and security standards for electronic service delivery are not applicable to electoral rolls.

The IT Act and the IT Rules provide a reasonable scope for the appropriate Government to include electoral databases within the ambit of protected system and electronic service delivery. However, the appropriate government has not taken any steps to notify electoral database as protected system or a mode of electronic service delivery under the existing laws.

Conclusion
Publication of electoral rolls is a necessary part of an election process. It ensures free and fair election and promotes transparency and accountability. But unfettered access to electronic electoral databases may have an adverse effect and would endanger the very goal it seeks to achieve because the electronic database may pose threat to privacy of the voters and also lead to security breach. It may be argued that the ECI is mandated by the law to publish the electoral database and hence, it is beyond the operation of the IT Act. But Section 81 of the IT Act has an overriding effect on any law inconsistent, therewith. The appropriate Government should take necessary steps under the IT Act and notify electoral databases as a protected system.

It is recommended that the Electors Registration Rules, 1960 should be amended, taking into account the advancement in technology. Therefore, the Rules should aim at restricting the unfettered electronic access to the electoral database and also introduce purposive limitation on the use of the electoral database. It should also be noted that more adequate and robust data protection and privacy laws should be put in place, which would regulate the collection, use, storage and processing of databases which are critical to national security.

[i] Pratap Vikram Singh, Post-uproar, EC’s Google tie-up plan may go for a toss, Governance Now, January 7, 2014 available at http://www.governancenow.com/news/regular-story/post-uproar-ecs-google-tie-plan-may-go-toss

[ii] Press Note No.ECI/PN/1/2014, Election Commission of India , January 9, 2014 available at http://eci.nic.in/eci_main1/current/PN09012014.pdf

[iii] Section 74, Indian Evidence Act, 1872

[iv] eci.nic.in/eci_main1/the_function.aspx

[v] http://eci.nic.in/eci_main1/Linkto_erollpdf.aspx

[vi] “At present, in most States and UTs the Electoral Database is kept at the district level. In some cases it is kept even with the vendors. In most States/UTs it is maintained in MS Access, while in some cases it is on a primitive technology like FoxPro and in some other cases on advanced RDBMS like Oracle or Sql Server. The database is not kept in bilingual form in some of the States/UTs, despite instructions of the Commission. In most cases Unicode fonts are not used. The database structure not being uniform in the country, makes it almost impossible for the different databases to talk to each other” – Election Commission of India, Revision of Electoral Rolls with reference to 01-01-2010 as the qualifying date – Integration and Standardization of the database- reg., No. 23/2009-ERS, January 6, 2010 available at eci.nic.in/eci_main/eroll&epic/ins06012010.pdf

[vii] http://www.theatlantic.com/technology/archive/2014/01/with-great-computing-power-comes-great-surveillance/282933/

[viii] Section 70, Information Technology Act, 2000

[ix] Computer resource which directly or indirectly affects the facility of Critical Information Infrastructure

[x] Rule 2(1)(i), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011

[xi] Press Note No.ECI/PN/1/2014, Election Commission of India , January 9, 2014 available at http://eci.nic.in/eci_main1/current/PN09012014.pdf

For more details visit https://cis-india.org/internet-governance/blog/electoral-databases-2013-privacy-and-security-concerns

Election panel rejects Google’s proposal for electoral services tie-up

praskrishna — 2014-01-31T08:58:01Z

EC had earlier signed a non-disclosure agreement with Google but had not shared or handed over any data to the Internet giant so far.

The article by Anuja and Moulishree Srivastava was published in Livemint on January 9, 2014. Lawrence Liang is quoted.

The Election Commission (EC) on Thursday rejected a proposal by Internet search engine operator Google Inc. to provide electoral information services to EC ahead of the general election due later this year. Google’s proposal, made earlier this week, was criticized by experts and political parties on the grounds of security.

Google, which deals with Internet-related services and products, had made a presentation at EC where it proposed to deliver voter facilitation services through a tie-up with the Commission.

“Google made a presentation to the Commission for electoral hook up services for citizens to help in efforts of the Commission for better electoral information services. However, after due consideration, the Commission has decided not to pursue the proposal any further,” EC said in a statement.

Its decision came at a meeting of senior EC officials on Thursday, called to discuss the proposal. Security was one of the main issues before it.

“Security and controlling the data were the main points which were considered. By ways of such a tie-up all the data would have been up for access. It was always a question of whether Indian laws would apply to it or not, so we decided against it,” a senior official from EC said.

PTI reported that the meeting was attended by the chief election commissioner V.S. Sampath and election commissioners H.S. Brahma and S. N. A. Zaidi.

The Times of India in a report on Sunday said there were concerns over the EC move to tie up with Google for voter registration.

EC had earlier signed a non-disclosure agreement with Google but it had not shared any data with it. The move was criticised by the ruling Congress party as well as the main opposition Bharatiya Janata Party. The legal cell of the Congress had written to EC raising concerns over national security and asking whether the tie-up would affect the electoral process. The BJP’s complaint was that stakeholders, including political parties, should have been consulted.

Experts say that in the event of such a tie-up, concerns about protection of privacy would have outweighed national security fears.

“The concern is not so much about national security as it is about privacy issues. This kind of database is too important and too powerful to be controlled by a private company. There have been too many instances of this kind of data being skewed and riots happening during the election process. Privately owned databases could lead to potential misuse of the data,” said Lawrence Liang, co-founder of Alternative Law Forum and chairman of the board at the Bangalore-based Centre for Internet and Society.

“It is not a question of how and what service Google could have provided for elections, but how the state can bring itself to provide that kind of service,” he said.

In the US, when George W. Bush was re-elected president in 2004, the company that manufactured the voting machines was accused of rigging the polls, Liang added.

Google called the EC’s rejection “unfortunate”, pointing out that the company has already helped governments with such services in countries like the Philippines, Egypt, Mexico and Kenya.

“It is unfortunate that our discussions with the Election Commission of India to change the way users access their electoral information, that is publicly available, through an online voter look up tool, were not fruitful,” Google said in a statement.

“Google will continue to develop tools and resources to make civic information universally accessible and useful, help drive more informed citizen participation, and open up new avenues for engagement for politicians, citizens, and civic leaders,” it added.

For more details visit https://cis-india.org/news/livemint-january-31-2014-anuja-moulishree-srivastava-election-panel-rejects-google-proposal-for-electoral-services-tie-up

Election Experiment Proves Facebook Just Doesn't Care About Fake News In India

Admin — 2018-05-31T22:56:48Z

Much-hyped fact-checking initiative identified only 30 bits of fake news in month-long Karnataka campaign. Yup — 30!

The article by Visvak was published in Huffington Post on May 30, 2018. Pranesh Prakash was quoted.

On April 16, a little less than a month before Karnataka went to the polls, Facebook announced a partnership with Boom Live, an Indian fact-checking website, to fight fake news during the Karnataka assembly polls.

Five days before the partnership was announced, an embattled Mark Zuckerberg stood before the the US Congress. Under fire for having allowed his platform to be used to manipulate elections, he declared that his company would do everything it could to protect the integrity of elections in India and elsewhere.

Facebook's press-release promised as much:

We have learned that once a story is rated as false, we have been able to reduce its distribution by 80%, and thereby improve accuracy of information on Facebook and reduce misinformation.

Yet, the pilot project in Karnataka suggests Facebook has a long way to go to keep Zuckerberg's promise. In an election cycle widely acknowledged as rife with misinformation, fake polls and surveys, communally coloured rumours, and blatant lies peddled by campaigners, rating stories as "false" proved to be so difficult and time consuming that the Facebook partnership was only able to debunk 30 pieces of misinformation — 25 in the run-up to the polls, and 5 in the immediate aftermath — in the month long campaign.

The much-ballyhooed partnership added up to a small financial contribution from Facebook that allowed Boom to hire two fact-checkers, one in its offices in Mumbai and one based on the ground in Bengaluru, specifically to track the election. The fact-checkers were also given access to a Facebook dashboard that could be used to discover and counter misinformation on the platform.

Boom did not reveal the sum involved or allow HuffPost India access to the dashboard, citing a non-disclosure agreement. Facebook's representatives declined comment on a detailed questionnaire sent to them.

A Gushing Sewer of Fake News

Globally, Facebook's fact-checking initiative is a little over a year old, but the partnership with Boom marks its advent in India, the company's largest market.

"It's a late start, a very late start." says Pratik Sinha, co-founder of AltNews, another prominent fact-checking website. "But they're doing something now, which is good."

Yet Govindraj Ethiraj, Founder-Editor of Boom Live, said the social networking giant's contribution to their fact-checking efforts was of limited utility. "Facebook's involvement didn't really help us," he said. "This was more about us helping them."

Ethiraj identified Facebook-owned WhatsApp as the primary medium for the propagation of fake news during the Karnataka election. Each of the three major parties in the fray reportedly set up tens of thousands of groups on the platform in an effort to spread their message. Facebook is yet to figure out a way to allow fact-checkers into the platform without breaking the end-to-end encryption which makes it impossible for messages to be tracked.

But even on Facebook, which lends itself far more easily to tracking and monitoring, the tools that the company has built to track fake news are not particularly effective.

Facebook allows advertisers to micro-target content at users using specific attributes, and users are unlikely to report content that agrees with their ideological biases.

In his office in the aging Sun Mill Compound in Mumbai's Lower Parel, Jency Jacob, Managing Editor of Boom logged into the dashboard and scrolled through the gushing sewer of user-flagged content pouring in from around the world: stories about dinosaur remains and ancient caves, tales of celebrities battling mysterious diseases, and ordinary people undergoing plastic surgeries to look like celebrities, mixed in with news – both real and fake – that users found objectionable. There's one about the rise in fuel prices and there's even a Huffpost India story, about a Dalit being flogged to death in Gujarat. (The HuffPost India story, the editorial board can affirm, is true.)

"I can't claim that it doesn't affect me," admitted Jacob. "This morning, the first thing I saw after waking up was a video of a woman kicking a 3-year-old baby and slamming her on the ground. We are in the rush of it right now, but I don't think we will enjoy doing this all our lives."

"A lot of it is dependent on how users are reporting," Jacob continued, explaining that the dashboard tool relies on users to flag potentially "fake" news. "If the users aren't reporting it, it isn't going to come into the queue."

This is a blind spot as Facebook allows advertisers to micro-target content at users using specific attributes, and users are unlikely to report content that agrees with their ideological biases.

Everything But English

Facebook's dashboard cannot be used to report non-English content. In India, local language users outnumber English language users and more are coming online every day. The dashboard is also unable to filter stories relevant to a specific location, despite Facebook allowing advertisers to geo-target their advertisements with reasonable accuracy.

Jacob reckons the tool will get better at dealing with the Indian context over time. "This was always intended to be a pilot project. It will take them time to figure out how to get us more relevant leads," he said.

With not much help forthcoming from Facebook, Boom relied on its own tried and tested methods of tracking misinformation. Its fact-checkers monitored pages and websites known to be potential sources of fake news, told friends and family to forward anything suspicious they came across, and maintained their own reporting channel - a dedicated WhatsApp helpline for users to direct suspicious looking links.

These methods threw up about 4-5 actionable leads every day. To fact-check them, Boom deployed a combination of old school journalistic practices, such as getting fact-checkers to call sources, and tech tools like video and image matching software.

Fact-checking is a painstaking process that involves a great deal of manual effort.

"The way we measure virality is a bit of a crude method. We check whether several of us have received it or not, and whether it is being shared on all three platforms."

"Essentially, we are saying what we are saying is true, don't believe others," said Sinha. "That's a very arrogant position to take. To say that in a world full of information, there has to be a process where we take the audience from the claim to the truth. Gathering the information required to do that takes a lot of time."

According to Jacob, it sometimes takes 2-3 people working all day to fact-check a single video. And Boom only has 6 fact-checkers in all, including the two Facebook-funded hires. Given these constraints, they could act on only a fraction of the tip-offs.

"We were not looking at volume, but at impact," said Jacob, indicating that they focused their attention on misinformation that was going viral. "The way we measure virality is a bit of a crude method. We check whether several of us have received it or not, and whether it is being shared on all three platforms."

Jacob admits that there were many more stories that they could have tackled, but he says that it was impossible to address them all with the limited resources available to them.

Sinha reckons that Facebook already has the technology to significantly alleviate the manpower issue. "If you upload a video to Facebook and there's a copyright violation, they pull the video. So they know how to match videos. If they leverage that technology and apply it to fake news, it'll reduce the mundane work we have to do by half," he said.

While Facebook's contribution to Boom's sourcing and fact-checking processes was minimal, it does seem to have had a significant impact on how fact-checks were disseminated. The Facebook dashboard allows fact-checkers to tag content with ratings ranging from 'true' to 'false' with a few options in between and also attach their fact-check articles to the content. The platform then attempts to reduce distribution of the content and display the fact-check article to users whenever they encounter it on the news feed or attempt to share it.

Major Victory

This system claimed its first major victory within a week of the partnership being announced when several major media outlets including NDTV India, India Today and Republic published a list of purported star campaigners for the Congress party that turned out to be fabricated.

Boom rated the articles false and linked their fact-check. Jacob could not verify if this reduced the articles' distribution by the 80% figure touted by Facebook, but said there was a clear impact.

"NDTV India carried the story and we noticed that their traffic dropped after we linked our fact-check to their article," said Jacob. With traffic plummeting and users being shown fake news warnings when interacting with their content, most of the media houses that published the list either issued clarifications or took their articles down.

After the initial success, Boom quickly ran into the limitations of the ratings system. Fact-checks could only be done on links and not on image, video, or text posts. Facebook eventually granted Boom access to image and video posts, but text posts are still beyond the purview of fact-checkers.

While that change was likely a simple fix that only required a switch to be flipped, there are other restrictions on the ratings system that are unlikely to be lifted as easily.

From the beginning of the election cycle, false statements by prominent politicians - including the Prime Minister - were an everyday affair. As is the norm, they were faithfully reported by most media outlets without critique or context. Misinformation masquerading as opinion, wherein a set of legimitate facts are presented out of context to arrive at a blatantly false conclusion, was also a persistent feature during the polls. Such articles add to the whirlwind of campaign misinformation, but are exempted from the rating system.

"Facebook needs to figure out a more aggressive model of showing the explanatory article to the reader."

Sinha believes that misinformation that falls into these grey areas cannot be laid at Facebook's door.

But Pranesh Prakash, Fellow at the Centre for Internet and Society, said such restrictions were "extraordinarily stupid."

"As long as the distinction is made that the publication isn't msiquoting and the politician is saying something that is false - and that's easy enough to do - I can't think of a possible justification," he said, regarding false statements made by public figures.

As for misleading opinion pieces Prakash said, "Most falsehoods are not just statements that present incorrect facts, but that present facts in an incorrect context. It's clearly the context that speaks to how people interpret facts. Fact checkers can't be people who only look at facts as black and white things."

Facebook's suggested method of dealing with such articles is to attach fact-check articles to them while assigning them a 'not eligible' rating. Jacob reckons that this is yet another blind spot.

"Facebook needs to figure out a more aggressive model of showing the explanatory article to the reader. The way it is designed now, with the article showing up below as a related link, not many people will bother to go and click on that."

The Whatsapp Problem

For all its flaws, the fact-checking initiative appears to be making an attempt at solving the problem of misinformation on Facebook's news feed. But the company hasn't even begun to address the 800-pound gorilla that is WhatsApp.

While Facebook has been castigated for playing fast and loose with privacy on its primary platform, the inherently better privacy features of the fully-encrypted Whatsapp platform have made it lethal when it comes to fake news. The lack of third party access, which has prevented Facebook from monetising WhatsApp chats - thus far - and security agencies from spying on them, has also made Whatsapp messages impossible to fact-check.

In Karnataka, WhatsApp was the primary vector for the spread of a series of fake polls, some of which were eventually picked up and published by mainstream media outlets. Unlike fake news that emerges on the Facebook and Twitter, it is impossible to trace the source of misinformation on Whatsapp.

"Just as spam can be flagged and people can be barred if they're flagged as spammers, similarly, if people have been flagged as serial promoters of fake news, you can use that to nudge people's behaviour."

"If Whatsapp had a trending list, our jobs would've been a lot easier," lamented Jacob. "By and large, we have figured out what goes viral on Facebook and Twitter. It might take a day to reach us, but eventually we catch anything that's going viral on these platforms. But Whatsapp is a black box."

Prakash asserts that while encryption is a barrier, it does not make it impossible to police fake news on WhatApp. "Just as spam can be flagged and people can be barred if they're flagged as spammers, similarly, if people have been flagged as serial promoters of fake news, you can use that to nudge people's behaviour."

There are indications that WhatsApp is attempting to develop features to tackle fake news. The platform has beta-tested features that would clearly identifyforwarded messages and warn users if a message has been forwarded more than 25 times. Jacob said that Facebook was working on a product that would throw up fact-check articles when a user interacts with a fake news URL on WhatsApp. If or when any of these features actually make it to users is a matter of conjecture.

Prakash said the slow pace of progress on WhatsApp is just a reflection of the company's priorities. "It speaks to how American a company a Facebook is. Whatsapp is the real network for fake news in India, but it gets the least amount of attention."

For more details visit https://cis-india.org/internet-governance/news/huffington-post-visvak-may-30-2018-election-experiment-proves-facebook-just-doesnt-care-about-fake-news-in-india

Election Commission to monitor conduct of political parties on Facebook, Twitter and Google

praskrishna — 2013-12-30T07:02:06Z

With Congress and BJP hammering away at each other in the ongoing assembly contests that will set the stage for national polls next year, the Election Commission wants to make sure social media and online platforms run by Google, Facebook and Twitter are not used to breach the code of conduct that governs candidates and parties. The commission's key concerns relate to malicious content and exceeding the campaign expense limit.

The article by Ajmer Singh was published in the Economic Times on November 25, 2013. Sunil Abraham is quoted.

The Election Commission, which summoned the social media companies to a meeting last Monday, directed them to cooperate in monitoring content. They were asked to set up a mechanism that would help prevent posting of material that could vitiate the election atmosphere, according to Election Commission officials who are aware of the development and didn't want to be named. If such content is posted, the mechanism should also allow for its speedy removal, they said.

"It is difficult to monitor and track content on social media or Internet sites, since the servers are based out of the US," said one of the officials cited above. "EC has asked social media giants to cooperate for compliance with the code of conduct, pre-certification of advertisement on the web and monitoring malicious content."

The companies declined to comment and referred ET to the Internet and Mobile Association of India (IAMAI) for a response. "It was a sensitising meeting on the code of conduct with some legal and corporate affairs representatives of Internet firms which are members of IAMAI," said Subho Roy, president of the grouping.

"The Election Commission representatives explained to us the model code of conduct, its importance during the last 48 hours of the election, the pre-certified advertisements and why they were important in accounting of the candidate's expenses. They also wanted to understand from us what are the current methods of removing illegal content from websites under existing laws. The Election Commission also assured us that at no point there would be any attempt to censor social media," said Subho Roy, IAMAI president and one of those present at the November 18 meeting.

The commission has classified social media into five types - collaborative projects such as Wikipedia; blogs and micro blogs such as Twitter; content communities such as Google-owned YouTube; social networking sites such as Facebook; and games and apps.

"We have received many complaints about misuse of social media platforms, and it is becoming unmanageable. So all these sites shall now be strictly monitored and asked to comply with EC's instructions," an official said.

According to Election Commission guidelines, "Legal provisions relating to election campaigning apply to social media in the same manner in which they apply to any other form of election campaigning using any other media."

The social media companies will also need to make sure that any advertising they carry conforms to the rules.

An official said social media companies have been asked to "keep an eye on any breach of model code of conduct, in respect of any party or candidate who posts hate messages or creates hatred or tension between different castes, communities, religions, etc. The social media giants have been directed to ensure pre-certification of advertisement on web/social media (clearance of political advertisement by a committee before being displayed in social media/web by any registered party or by any group or association)".

An executive at one of the companies said it would be difficult to keep a check on what was being posted as this may count as a breach of privacy, besides being impinging on other rules.
"It is a highly contentious issue and (it's) impossible to monitor malicious content," said this person who didn't want to be named. "The diktat issued by EC can't be implemented since it overrides the Information Technology Act. We all comply with the IT Act, and the model code of conduct is not for us but for political parties and candidates."

A privacy advocate pointed out the difficulties that the social media companies may face when it comes to implementing the Election Commission guidelines.

"This is what we call proactive censorship or proactive monitoring and may interfere with the intermediary's immunity from liability, when they have no actual knowledge of content. It may be in conflict with provisions of the IT Act (Section 79) and could have serious privacy implications," said Sunil Abraham of the Centre for Internet Society, and an expert on privacy laws. "Pre-censorship is required by Indian law and courts only for cinema that is exhibited in theatres. In the case of books, this type of censorship has been held to be unconstitutional. This case is worse because it is private pre-censorship of user-generated content that is not subject to judicial review."

The Election Commission had, on October 25, asked candidates to provide information about social media accounts and expenditure on online campaigns. It had clarified that the provisions of the code of conduct would apply to the Internet, including social media websites.

A Congress member said social media accounts would be difficult to police as these may be in the name of individuals and have no direct links to parties or candidates.

"The biggest problem is that candidates or political parties may not be operating their Twitter handles or posting advertisements on Facebook or the web, but (through) an unknown Internet army, which builds up a social media campaign and posts hate messages," the person said. A senior Congress MP, who didn't want to be named, suggested that such efforts were extensive on behalf of BJP prime ministerial candidate Narendra Modi, the chief minister of Gujarat.

"More than 90% of Twitter traffic is emanating from Rajkot, Ahmedabad and Baroda, all in Gujarat," this person said. "Who are these people, campaigning and managing an obnoxious campaign?"

BJP denied that its Internet campaigns were in violation of any Election Commission guidelines.
"There is no truth in these allegations and Congress has little understanding of this," said Arvind Gupta, who heads BJP's IT cell. "Narendra Modi has a pan-India presence and is a popular leader, they are just jealous of him. We have a social media cell, which acts responsibly and complies with guidelines."

Election Commission officials said social media companies have been asked to resolve issues related to malicious content and provide details of serious infringements. The ministry of communications and information technology has also been asked to suggest ways of tackling the matter.

For more details visit https://cis-india.org/news/economic-times-november-25-2013-ajmer-singh-election-commission-to-monitor-conduct-of-political-parties-on-facebook-twitter-google

Election campaign: parties draw battle lines on media platforms

praskrishna — 2013-09-05T10:23:41Z

In the run-up to the 2014 polls, parties are drawing up media strategies that have a focus on young voters.

This article by Venkatesh Upadhyay was published in Livemint on August 26, 2013. Sunil Abraham is quoted.

Major national political parties have begun to sharpen and tweak their tools of public relations and media engagement in the run-up to the 2014 general election, with an eager nod towards a voters list that is expected to be packed by the young.

National parties currently in the process of shortlisting their advertising, public relations and mobile marketing agencies declined to share details.

“The advertising strategy will crystalize by January. We will go for multiple agencies,” said Manish Tewari, spokesperson for the Congress as well as minister for information and broadcasting.

According to people familiar with the selection process, JWT, Crayons Communications and Dentsu India, among others, are all in the race for the Congress business. Home-grown Crayons has worked closely with the Delhi government and Congress in the past.

Refusing to confirm the names on the shortlist, Tewari said it was a line-up of the “usual suspects”.

For social media, the Congress has engaged Delhi-based OMLogic, an online media marketing company, which helped create the website fekuexpress.com that seeks to highlight the supposedly braggart nature of the opposition Bharatiya Janata Party’s chief campaigner Narendra Modi.

The website ran contests in which winners received film tickets. OMLogic was among three shortlisted agencies from 22 that competed for the same account, a person familiar with the bid said. According to others aware of the developments, senior Congress leaders such as Digvijay Singh and Deepender Singh Hooda helped select the agencies.

OMLogic helps clients enhance their brands across platforms and creates social media applications for them. The company declined to comment for this story.

“I believe these elections will represent the first time that political parties will have a conscious media strategy,” said Sanjaya Baru, communications advisor to Prime Minister Manmohan Singh from 2004 to 2008.

	“By conscious I mean that political parties have acknowledged the role of mass media in getting their message across to voters. TV has taken the space of political rallies.” Baru said the media strategy for the coming elections was essentially focused on TV and social media as “both these platforms allow parties to reach out to large parts of the urban and semi-urban demographic”. Close to 60 million new voters have been enrolled for the 2014 election, of whom 17.6 million are 18-19 year-old first-timers. A study by the Iris Knowledge Foundation and Internet and Mobile Association of India (IAMAI) estimates the number of urban social media users to be around 78 million. The main users were in the age groups of 18-24 and 25-34 years.

“By conscious I mean that political parties have acknowledged the role of mass media in getting their message across to voters. TV has taken the space of political rallies.”

Baru said the media strategy for the coming elections was essentially focused on TV and social media as “both these platforms allow parties to reach out to large parts of the urban and semi-urban demographic”.

Close to 60 million new voters have been enrolled for the 2014 election, of whom 17.6 million are 18-19 year-old first-timers. A study by the Iris Knowledge Foundation and Internet and Mobile Association of India (IAMAI) estimates the number of urban social media users to be around 78 million. The main users were in the age groups of 18-24 and 25-34 years.

The Congress has already highlighted the role of social media in its communication strategy. The party held a special session on the use of social media by party members on 22 August that was addressed by minister of state for human resources Shashi Tharoor, and Manish Tewari. In a similar meeting last month, party members were briefed on how to comment on key issues, including the state of the economy, and personalities like Modi, who is also Gujarat chief minister.

It also launched an intranet software called Khidki (Hindi for window) for use by Congress members. According to party politicians, another important part of last month’s exercise was to identify young members who would make up a cadre of spokespersons that would then participate across news channels.

The BJP, meanwhile, has drafted Internet entrepreneurs B.G. Mahesh and Rajesh Jain to help the party with its social media operations. Acknowledging the role of social media in the party’s media strategy, BJP spokesperson Nirmala Seetharaman said, “Our exercise has already taken on board the position which the party enjoys on various social media. We only emphasized the content that such media ought to have,” she added.

Prominent members of the party, led by Modi, have large followings on social media. Modi’s Twitter account is followed by close to 2.1 million people.

Last week, the BJP launched india272.com that would “crowd source” suggestions by the electorate. It also launched a website where its members can upload “chargesheets” on the Congress-led United Progressive Alliance. Visitors to www.bjp.org/upachargesheet can also make use of different social media platforms such as Facebook, Twitter, YouTube and Flickr to register their complaints.

Some Internet activists are sceptical about such strategies. “The average Indian netizen is not that well equipped to critically analyse the content coming from so-called crowdsourced mechanisms,” said Sunil Abraham, executive director of the Centre for Internet and Society, a Bangalore-based Internet policy research organization. “I believe that social media might be one step removed from actual voters and might be more oriented towards opinion makers. In that sense social media (in India) behaves very differently from the way it has been used in the US.”

According to an online media expert familiar with the BJP’s social media campaign, the interactive nature of social media helps build up an image of transparency while making the party more accessible to a young audience that has been switching off television news.

In addition, social media allows political leaders to gauge public response quickly.

Ajay Maken, Congress general secretary and the man who heads the party’s communication strategy, pointed out in an article published this month that subjects that become influential on Twitter during the day tend to turn into full-fledged TV debates by the evening.

But political parties are not giving up on television channels just yet.

According to a report by consulting firm KPMG, the number of Indian households with TV sets is estimated to be 154 million, and is expected to grow to 173 million by 2017. TAM Media research estimated the number of TV households to be 123 million in 2009. Meanwhile, cable- and satellite-owning TV households has in the period 2009-2012 ballooned from 90 million to 126 million, according to TAM.

The Congress has issued guidelines to its members on how to behave on television. According to individuals familiar with the move, the party has also set up a research cell that informs Congress spokespersons about subjects that they are asked to speak on.

Congress members who participate in televised debates have been given strict orders to not go on air without a thorough understanding of the nuances of issues—provided to them by Congress researchers. For instance, spokespersons have been advised to rely on facts and be data-specific when confronted with the twin issues of Gujarat’s high-growth economy and Modi’s governance record.

In order to streamline the process, the party has come up with lists of speakers who are focused on specific issues. It has also constituted media cells in each state capitals with three units—spokespersons, social media cell and research —and a social media division for every urban centre with a population of at least a million.

The BJP has devised a similar strategy. Party spokespersons have been asked to mention chief ministers other than Modi if asked about the leadership for the 2014 elections. Arun Jaitley, in a interview to The Hindu, on 19 August had spoken about the possibility of there being close to 10 prime ministerial candidates in the BJP.

The BJP, which held a closed-door media workshop for party members last week, is also keen on research. “A lot of policy requires specialized understanding which is largely domain-specific. In that regard, members of our party will need to be prepared when they speak on such issues,” said spokesperson Seetharaman.

The Congress has already begun a television ads-blitzkrieg to trumpet its record in government. Begun in May, these ads have sought to showcase the fruits of the welfare state, including schemes aimed at the poor, such as theMahatma Gandhi National Rural Employment Guarantee Act, as well a long list of rights-based laws. One well-known ad tells the story of a fictional young woman named Priya who lives in a village but makes use of opportunities in education and improved electricity connections to become a successful entrepreneur.

For more details visit https://cis-india.org/news/livemint-august-26-2013-venkatesh-upadhyay-election-campaign

Eight Key Privacy Events in India in the Year 2015

Amber Sinha — 2016-01-03T05:43:42Z

As the year draws to a close, we are enumerating some of the key privacy related events in India that transpired in 2015. Much like the last few years, this year, too, was an eventful one in the context of privacy.

While we did not witness, as one had hoped, any progress in the passage of a privacy law, the year saw significant developments with respect to the ongoing Aadhaar case. The statement by the Attorney General, India's foremost law officer, that there is a lack of clarity over whether the right to privacy is a fundamental right, and the fact the the matter is yet unresolved was a huge setback to the jurisprudence on privacy. [1] However, the court has recognised a purpose limitation as applicable into the Aadhaar scheme, limiting the sharing of any information collected during the enrollment of residents in UID. A draft Encryption Policy was released and almost immediately withdrawn in the face of severe public backlash, and an updated Human DNA Profiling Bill was made available for comments. Prime Minister Narendra Modi's much publicised project "Digital India" was in news throughout the year, and it also attracted its' fair share of criticism in light of the lack of privacy safeguards it offered. Internationally, a lawsuit brought by Maximilian Schrems, an Austrian privacy activist, dealt a body blow to the fifteen year old Safe Harbour Framework in place for data transfers between EU and USA. Below, we look at what were, according to us, the eight most important privacy events in India, in 2015.

1. August 11, 2015 order on Aadhaar not being compulsory

In 2012, a writ petition was filed by Judge K S Puttaswamy challenging the government's policy in its attempt to enroll all residents of India in the UID project and linking the Aadhaar card with various government services. A number of other petitioners who filed cases against the Aadhaar scheme have also been linked with this petition and the court has been hearing them together. On September 11, 2015, the Supreme Court reiterated its position in earlier orders made on September 23, 2013 and March 24, 2014 stating that the Aadhaar card shall not be made compulsory for any government services. [2] Building on its earlier position, the court passed the following orders:

a) The government must give wide publicity in the media that it was not mandatory for a resident to obtain an Aadhaar card,

b) The production of an Aadhaar card would not be a condition for obtaining any benefits otherwise due to a citizen,

c) Aadhaar card would not be used for any purpose other than the PDS Scheme, for distribution of foodgrains and cooking fuel such as kerosene and for the LPG distribution scheme.

d) The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.[3]

Despite this being the fifth court order given by the Supreme Court[4] stating that the Aadhaar card cannot be a mandatory requirement for access to government services or subsidies, repeated violations continue. One of the violations which has been widely reported is the continued requirement of an Aadhaar number to set up a Digital Locker account which also led to activist, Sudhir Yadav filing a petition in the Supreme Court.[5]

2. No Right to Privacy - Attorney General to SC

The Attorney General, Mukul Rohatgi argued before the Supreme Court in the Aadhaar case that the Constitution of India did not provide for a fundamental Right to Privacy.[6] He referred to the body of case in the Supreme Court dealing with this issue and made a reference to the 1954 case, MP Sharma v. Satish Chandra[7] stating that there was "clear divergence of opinion" on the Right to Privacy and termed it as "a classic case of unclear position of law." He also referred to the discussion on this matter in the Constitutional Assembly Debates and pointed to the fact the framers of the Constitution did not intend for this to be a fundamental right. He said the matter needed to be referred to a nine judge Constitution bench.[8] This raises serious questions over the jurisprudence developed by the Supreme Court on the right to privacy over the last five decades. The matter is currently pending resolution by a larger bench which needs to be constituted by the Chief Justice of India.

3. Shreya Singhal judgment and Section 69A, IT Act

In the much celebrated judgment, Shreya Singhal v. Union of India, in March 2015, the Supreme Court struck down Section 66A of the Information Technology Act, 2000 as unconstitutional and laid down guidelines for online takedowns under the Internet intermediary rules. However, significantly, the court also upheld Section 69A and the blocking rules under this provision. It was held to be a narrowly-drawn provision with adequate safeguards. The rules prescribe a procedure for blocking which involves receipt of a blocking request, examination of the request by the Committee and a review committee which performs oversight functions. However, commentators have pointed to the opacity of the process in the rules under this provisions. While the rules mandate that a hearing is given to the originator of the content, this safeguard is widely disregarded. The judgment did not discuss Section 69 of the Information Technology Act, 2000 which deal with decrypting of electronic communication, however, the Department of Electronic and Information Technology brought up this issue subsequently, through a Draft Encryption Policy, discussed below.

4. Circulation and recall of Draft Encryption Policy

On October 19, 2015, the Department of Electronic and Information Technology (DeitY) released for public comment a draft National Encryption Policy. The draft received an immediate and severe backlash from commentators, and was withdrawn by September 22, 2015. [9] The government blamed a junior official for the poor drafting of the document and noted that it had been released without a review by the Telecom Minister, Ravi Shankar Prasad and other senior officials.[10] The main areas of contention were a requirement that individuals store plain text versions of all encrypted communication for a period of 90 days, to be made available to law enforcement agencies on demand; the government's right to prescribe key-strength, algorithms and ciphers; and only government-notified encryption products and vendors registered with the government being allowed to be used for encryption.[11] The purport of the above was to limit the ways in which citizens could encrypt electronic communication, and to allow adequate access to law enforcement agencies. The requirement to keep all encrypted information in plain text format for a period of 90 days garnered particular criticism as it would allow for creation of a 'honeypot' of unencrypted data, which could attract theft and attacks.[12] The withdrawal of the draft policy is not the final chapter in this story, as the Telecom Minister has promised that the Department will come back with a revised policy. [13] This attempt to put restrictions on use of encryption technologies is not only in line with a host of surveillance initiatives that have mushroomed in India in the last few years,[14] but also finds resonance with a global trend which has seen various governments and law enforcement organisations argue against encryption. [15]

5. Privacy concerns raised about Digital India

The Digital India initiative includes over thirty Mission Mode Projects in various stages of implementation. [16] All of these projects entail collection of vast quantities of personally identifiable information of the citizens. However, most of these initiatives do not have clearly laid down privacy policies.[17] There is also a lack of properly articulated access control mechanisms and doubts over important issues such as data ownership owing to most projects involving public private partnership which involves private organisation collecting, processing and retaining large amounts of data. [18] Ahead of Prime Minister Modi's visit to the US, over 100 hundred prominent US based academics released a statement raising concerns about "lack of safeguards about privacy of information, and thus its potential for abuse" in the Digital India project. [19] It has been pointed out that the initiatives could enable a "cradle-to-grave digital identity that is unique, lifelong, and authenticable, and it plans to widely use the already mired in controversy Aadhaar program as the identification system." [20]

6. Issues with Human DNA Profiling Bill, 2015

The Human DNA Profiling Bill, 2015 envisions the creation of national and regional DNA databases comprising DNA profiles of the categories of persons specified in the Bill.[21] The categories include offenders, suspects, missing persons, unknown deceased persons, volunteers and such other categories specified by the DNA Profiling Board which has oversight over these banks. The Bill grants wide discretionary powers to the Board to introduce new DNA indices and make DNA profiles available for new purposes it may deem fit. [22] These, and the lack of proper safeguards surrounding issues like consent, retention and collection pose serious privacy risks if the Bill becomes a law. Significantly, there is no element of purpose limitation in the proposed law, which would allow the DNA samples to be re-used for unspecified purposes.[23]

7. Impact of the Schrems ruling on India

In Schrems v. Data Protection Commissioner, the Court of Justice in European Union (CJEU) annulled the Commission Decision 2000/520 according to which US data protection rules were deemed sufficient to satisfy EU privacy rules enabling transfers of personal data from EU to US, otherwise known as the 'Safe Harbour' framework. The court ruled that broad formulations of derogations on grounds of national security, public interest and law enforcement in place in the US goes beyond the test of proportionality and necessity under the Data Protection rules.[24] This judgment could also have implications for the data processing industry in India. For a few years now, a framework similar to the Safe Harbour has been under discussion for transfer of data between India and EU. The lack of a privacy legislation has been among the significant hurdles in arriving at a framework.[25] In the absence of a Safe Harbour framework, the companies in India rely on alternate mechanisms such as Binding Corporate Rules (BCR) or Model Contractual Clauses. These contracts impose the obligation on the data exporters and importers to ensure that 'adequate level of data protection' is provided. The Schrems judgement makes it clear that 'adequate level of data protection' entails a regime that is 'essentially equivalent' to that envisioned under Directive 95/46.[26] What this means is that any new framework of protection between EU and other countries like US or India will necessarily have to meet this test of essential equivalence. The PRISM programme in the US and a host of surveillance programmes that have been initiated by the government in India in the last few years could pose problems in satisfying this test of essential equivalence as they do not conform to the proportionality and necessity principles.

8. The definition of "unfair trade practices" in the Consumer Protection Bill, 2015

The Consumer Protection Bill, 2015, tabled in the Parliament towards the end of the monsoon session[27] has introduced an expansive definition of the term "unfair trade practices." The definition as per the Bill includes the disclosure "to any other person any personal information given in confidence by the consumer."[28] This clause exclude from the scope of unfair trade practices, disclosures under provisions of any law in force or in public interest. This provision could have significant impact on the personal data protection law in India. Currently, the only law governing data protection law are the Reasonable security practices and procedures and sensitive personal data or information Rules, 2011[29] prescribed under Section 43A of the Information Technology Act, 2000. Under these rules, sensitive personal data or information is protected in that their disclosure requires prior permission from the data subject. [30] For other kinds of personal information not categorized as sensitive personal data or information, the only recourse of data subjects in case to claim breach of the terms of privacy policy which constitutes a lawful contract. [31] The Consumer Protection Bill, 2015, if enacted as law, could significantly expand the scope of protection available to data subjects. First, unlike the Section 43A rules, the provisions of the Bill would be applicable to physical as well as electronic collection of personal information. Second, disclosure to a third party of personal information other than sensitive personal data or information could also have similar 'prior permission' criteria under the Bill, if it can be shown that the information was shared by the consumer in confidence.

What we see above are events largely built around a few trends that we have been witnessing in the context of privacy in India, in particular and across the world, in general. Lack of privacy safeguards in initiatives like the Aadhaar project and Digital India is symptomatic of policies that are not comprehensive in their scope, and consequently fail to address key concerns. Dr Usha Ramanathan has called these policies "powerpoint based policies" which are implemented based on proposals which are superficial in their scope and do not give due regard to their impact on a host of issues. [32] Second, the privacy concerns posed by the draft Encryption Policy and the Human DNA Profiling Bill point to the motive of surveillance that is in line with other projects introduced with the intent to protect and preserve national security. [33] Third, the incidents that championed the cause of privacy like the Schrems judgment have largely been initiated by activists and civil society actors, and have typically entailed the involvement of the judiciary, often the single recourse of actors in the campaign for the protection of civil rights. It must be noted that jurisprudence on the right to privacy in India has not moved beyond the guidelines set forth by the Supreme Court in PUCL v. Union of India.[34] However, new mass surveillance programmes and massive collection of personal data by both public and private parties through various schemes mandated a re-look at the standards laid down twenty years ago. The privacy issue pending resolution by a larger bench in the Aadhaar case affords an opportunity to revisit those principles in light of how surveillance has changed in the last two decades and strengthen privacy and data protection.

^{^[1]} Right to Privacy not a fundamental right, cannot be invoked to scrap Aadhar: Centre tells Supreme Court, available at http://articles.economictimes.indiatimes.com/2015-07-23/news/64773078_1_fundamental-right-attorney-general-mukul-rohatgi-privacy

^{^[2]} SC allows govt to link Aadhaar card with PDS and LPG subsidies, available at http://timesofindia.indiatimes.com/india/SC-allows-govt-to-link-Aadhaar-card-with-PDS-and-LPG-subsidies/articleshow/48436223.cms

^{^[3]} http://judis.nic.in/supremecourt/imgs1.aspx?filename=42841

^{^[4]} Five SC Orders Later, Aadhaar Requirement Continues to Haunt Many, available at http://thewire.in/2015/09/19/five-sc-orders-later-aadhaar-requirement-continues-to-haunt-many-11065/

[5] Digital Locker scheme challenged in Supreme Court, available at http://www.moneylife.in/article/digital-locker-scheme-challenged-in-supreme-court/42607.html

^{^[6]} Privacy not a fundamental right, argues Mukul Rohatgi for Govt as Govt affidavit says otherwise, available at http://www.legallyindia.com/Constitutional-law/privacy-not-a-fundamental-right-argues-mukul-rohatgi-for-govt-as-govt-affidavit-says-otherwise

^{^[7]} 1954 SCR 1077.

^{^[8]} Supra Note 1.

^{^[9]} Government to withdraw draft encryption policy, available at http://www.thehindu.com/news/national/govt-to-withdraw-draft-encryption-policy/article7677348.ece

^{^[10]} Encryption policy poorly worded by officer: Telecom Minister Ravi Shankar Prasad, available at http://economictimes.indiatimes.com/articleshow/49068406.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

^{^[11]} Updated: India's draft encryption policy puts user privacy in danger, available at http://www.medianama.com/2015/09/223-india-draft-encryption-policy/

^{^[12]} Bhairav Acharya, The short-lived adventure of India's encryption policy, available at http://notacoda.net/2015/10/10/the-short-lived-adventure-of-indias-encryption-policy/

^{^[13]} Supra Note 9.

^{^[14]} Maria Xynou, Big democracy, big surveillance: India's surveillance state, available at https://www.opendemocracy.net/opensecurity/maria-xynou/big-democracy-big-surveillance-indias-surveillance-state

^{^[15]} China passes controversial anti-terrorism law to access encrypted user accounts, available at http://www.theverge.com/2015/12/27/10670346/china-passes-law-to-access-encrypted-communications ; Police renew call against encryption technology that can help hide terrorists, available at http://www.washingtontimes.com/news/2015/nov/16/paris-terror-attacks-renew-encryption-technology-s/?page=all .

^{^[16]} http://www.mmp.cips.org.in/digital-india/

[17] http://slides.com/cisindia/big-data-in-indian-governance-preliminary-findings#/

^{^[18]} Indira Jaising, Digital India Schemes Must Be Preceded by a Data Protection and Privacy Law, available at http://thewire.in/2015/07/04/digital-india-schemes-must-be-preceded-by-a-data-protection-and-privacy-law-5471/

^{^[19]} US academics raise privacy concerns over 'Digital India' campaign, available at http://yourstory.com/2015/08/us-digital-india-campaign/

^{^[20]} Lisa Hayes, Digital India's Impact on Privacy: Aadhaar numbers, biometrics, and more, available at https://cdt.org/blog/digital-indias-impact-on-privacy-aadhaar-numbers-biometrics-and-more/

^{^[21]} http://www.prsindia.org/uploads/media//draft/Draft%20Human%20DNA%20Profiling%20Bill%202015.pdf

^{^[22]} Comments on India's Human DNA Profiling Bill (June 2015 version), available at http://www.genewatch.org/uploads/f03c6d66a9b354535738483c1c3d49e4/IndiaDNABill_FGPI_15.pdf

^{^[23]} Elonnai Hickok, Vanya Rakesh and Vipul Kharbanda, CIS Comments and Recommendations to the Human DNA Profiling Bill, June 2015, available at http://cis-india.org/internet-governance/blog/cis-comments-and-recommendations-to-human-dna-profiling-bill-2015

^{^[24]} http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150117en.pdf

^{^[25]} Jyoti Pandey, Contestations of Data, ECJ Safe Harbor Ruling and Lessons for India, available at http://cis-india.org/internet-governance/blog/contestations-of-data-ecj-safe-harbor-ruling-and-lessons-for-india

^{^[26]} Simon Cox, Case Watch: Making Sense of the Schrems Ruling on Data Transfer, available at https://www.opensocietyfoundations.org/voices/case-watch-making-sense-schrems-ruling-data-transfer

^{^[27]} http://www.prsindia.org/billtrack/the-consumer-protection-bill-2015-3965/

^{^[28]} Section 2(41) (I) of the Consumer Protection Bill, 2015.

^{^[29]} http://www.ijlt.in/pdffiles/IT-%28Reasonable%20Security%20Practices%29-Rules-2011.pdf

^{^[30]} Rule 6 of Reasonable security practices and procedures and sensitive personal data or information Rules, 2011

^{^[31]} Rule 4 of Reasonable security practices and procedures and sensitive personal data or information Rules, 2011

^{^[32]} http://cis-india.org/internet-governance/events/communication-rights-in-the-age-of-digital-technology

^{^[33]} Supra Note 11.

^{^[34]} Chaitanya Ramachandra, PUCL V. Union of India Revisited: Why India's Sureveillance Law must be redesigned for the Digital Age, available at http://nujslawreview.org/wp-content/uploads/2015/10/Chaitanya-Ramachandran.pdf

For more details visit https://cis-india.org/internet-governance/blog/eight-key-privacy-events-in-india-in-the-year-2015