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Standing Committee's recommendations are at odds with Access to Knowledge
The Indian Parliamentary Committee's report weighs on several aspects of the Indian IPR system and issues of protection and enforcement. This blog post summarily notes the observations and recommendations of the Committee on the Copyright Act, 1957 which stand to impact access to knowledge. The primary issue dealt with was the claim that copyright exceptions were affecting the publishing industry and authors. The recommendations include narrowing of copyright exceptions, barring digital storage and copying, promotion of libraries, and adopting the Berne Convention as the benchmark on limitations and exceptions.
Health IDs: Voluntary or Mandatory?
On August 15, 2020, the prime minister launched the National Digital Health Mission (NDHM) with the objective of improving and streamlining the Indian healthcare system. In December 2020, the Central Government, notified the National Digital Health Mission: Health Data Management Policy (Health Data Policy) seeking to create a digital health ecosystem under the NDHM. A core pillar of the Health Data Policy is to create a unique health identity (UHID) for every Indian citizen.
The Ministry And The Trace: Subverting End-To-End Encryption
A legal and technical analysis of the 'traceability' rule and its impact on messaging privacy.
WIPO SCCR 41: Notes from Day 3 and Day 4
Day 3 and 4 saw the presentation of four studies conducted by external experts on music markets in various regions in the world and one study on rights of stage directors of theatrical productions. Day 4 saw member states sharing their positions on a proposal for creation of two rights 1) rights of stage directors of stage productions and 2) public lending right. The Chair also presented the draft summary of the session upon its conclusion, on Day 4. This blog post shares the specific text under the broadcasting and limitations and exceptions agenda items, relevant from an access to knowledge perspective.
WIPO SCCR 41: Notes from Day 2
Member states delivered opening statements and deliberated on the scope, direction, and progress of work on the limitations and exceptions agenda. This blog post summarises positions and contentions around: 1) Information Session on impact COVID 2) Creating a binding limitations and exceptions international instrument 3) Work Plan under the L&E agenda 4) Conducting regional consultations as per the report on regional seminars and international conference on limitations and exceptions.
State of Consumer Digital Security in India
This report attempts to identify the existing state of digital safety in India, with a mapping of digital threats, which will aid stakeholders in identifying and addressing digital security problems in the country. This project was funded by the Asia Foundation.
Comments on the Cinematograph (Amendment) Bill, 2021
In this submission, we examine the constitutionality and legality of the Cinematograph (Amendment) Bill, 2021, which was released by the Ministry of Information and Broadcasting.
Right to Exclusion, Government Spaces, and Speech
The conclusion of the litigation surrounding Trump blocking its critiques on Twitter brings to forefront two less-discussed aspects of intermediary liability: a) if social media platforms could be compelled to ‘carry’ speech under any established legal principles, thereby limiting their right to exclude users or speech, and b) whether users have a constitutional right to access social media spaces of elected officials. This essay analyzes these issues under the American law, as well as draws parallel for India, in light of the ongoing litigation around the suspension of advocate Sanjay Hegde’s Twitter account.
At the Heart of Crypto Investing, There is Tether. But Will its Promise Pan Out?
The $18.5 million fine levied by the New York attorney general’s office earlier this year to settle a legal dispute, raises more questions than answers.
Submission to the Facebook Oversight Board in Case 2021-008-FB-FBR: Brazil, Health Misinformation and Lockdowns
In this note, we answer questions set out by the Board, pursuant to case 2021-008-FB-FBR, which concerned a post made by a Brazilian sub-national health official, and raised questions on health misinformation and enforcement of Facebook's community standards.
WIPO SCCR 41: Statement by CIS on Limitations and Exceptions Agenda Item
Anubha Sinha delivered a statement on behalf of CIS, on day 2 of the 41st WIPO SCCR session, on the limitations and exceptions agenda item.
Platforms, Power, and Politics: Perspectives from Domestic and Care Work in India
CIS has been undertaking a two-year project studying the entry of digital platforms in the domestic and care work in India, supported by the Association for Progressive Communications as part of the Feminist Internet Research Network. Implemented through 2019-21, the objective of the project is to use a feminist lens to critique platform modalities and orient platformisation dynamics in radically different, worker-first ways. Ambika Tandon and Aayush Rathi led the research team at CIS. The Domestic Workers’ Rights Union is a partner in the implementation of the project, as co-researchers. Geeta Menon, head of DWRU, was an advisor on the project, and the research team consisted of Parijatha G.P., Radha Keerthana, Zeenathunnisa, and Sumathi, who are office holders in the union and are responsible for organising workers and addressing their concerns.
IFAT and ITF - Protecting Workers in the Digital Platform Economy: Investigating Ola and Uber Drivers’ Occupational Health and Safety
Between July to November 2019, Indian Federation of App-based Transport Workers (IFAT) and International Transport Workers’ Federation (ITF), New Delhi office, conducted 2,128 surveys across 6 major cities: Bengaluru, Chennai, Delhi NCR, Hyderabad, Jaipur, and Lucknow, to determine the occupational health and safety of app-based transport workers. CIS is proud to publish the study report and the press release. Akash Sheshadri, Ambika Tandon, and Aayush Rathi of CIS supported post-production of this report.
On the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
This note examines the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The analysis is consistent with previous work carried out by CIS on issues of intermediary liability and freedom of expression.
A Comparative Study of Article Creation Campaigns on Wikipedia - Part II
This is a short report on a comparative analysis of two prominent Wikimedia initiatives, Wikipedia Asian Month and Project Tiger, to understand prevailing challenges and opportunities, and strategies to address the same. The report has been authored by Nitesh Gill with inputs from Suswetha Kolluru, and editorial oversight and support by Puthiya Purayil Sneha. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2019–2020.
Atmanirbhar Bharat Meets Digital India: An Evaluation of COVID-19 Relief for Migrants
With the onset of the national lockdown on 24th March 2020 in response to the outbreak of COVID-19, the fate of millions of migrant workers was left uncertain. In addition, lack of enumeration and registration of migrant workers became a major obstacle for all State Governments and the Central Government to channelize relief and welfare measures.
The Many Languages of Digital Infrastructures
This essay by Puthiya Purayil Sneha and Anasuya Sengupta outlines some of the key challenges in digitalisation and representation of non-dominant/marginalised languages on the internet today, through reflections on two recent projects related to languages and the internet. The essay has been published in Seminar Magazine, as part of its thematic focus this month on 'Navigating Language in a Digital Age.'
Beyond Public Squares, Dumb Conduits, and Gatekeepers: The Need for a New Legal Metaphor for Social Media
In the past few years, social networking sites have come to play a central role in intermediating the public’s access to and deliberation of information critical to a thriving democracy. In stark contrast to early utopian visions which imagined that the internet would create a more informed public, facilitate citizen-led engagement, and democratize media, what we see now is the growing association of social media platforms with political polarization and the entrenchment of racism, homophobia, and xenophobia.
