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Section 79 of the Information Technology Act
79. INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES
(1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hasted by him.
(2) The provisions of sub-section (1) shall apply if—
(a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hasted; or
(b) the intermediary does not—
(i) initiate the transmission,
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission;
(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.
(3) The provisions of sub-section (1) shall not apply if—
(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or othorise in the commission of the unlawful act;
(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.
Explanation.—For the purposes of this section, the expression “third party information” means any information dealt with by an intermediary in his capacity as an intermediary.
How India Makes E-books Easier to Ban than Books (And How We Can Change That)
Without getting into questions of what should and should not be unlawful speech, Pranesh Prakash chooses to take a look at how Indian law promotes arbitrary removal and blocking of websites, website content, and online services, and how it makes it much easier than getting offline printed speech removed.
The Quixotic Fight to Clean up the Web
The ongoing attempt to pre-screen online content won’t change anything. It will only drive netizens into the arms of criminals, writes Sunil Abraham in this article published in Tehelka Magazine, Vol 9, Issue 04, Dated 28 Jan 2012.
Keeping it Private
As we disclose more information online, we must ask who might access it and why. This article by Nishant Shah was published in the Indian Express on Sunday, 15 January 2012.
Design!PubliC — Innovation and the Public Interest
On the 14th of October, 2011, the Center for Knowledge Societies organized the second edition of the Design Public Conclave, a conversation on how innovation can serve the Public Interest. The conclave was held at the lovely premises of the National Gallery of Modern Art in Bangalore.
Future of Integrated Science Education in Higher Education in India
The Higher Education Innovation and Research Application (HEIRA) at the Centre for the Study of Culture and Society (CSCS) and the Centre for Contemporary Studies (CCS) at the Indian Institute of Sciences (IISc) hosted a two day workshop on 2 and 3 January 2012 on the Future of Integrated Science Education in Higher Education in India at the Centre for Contemporary Studies, IISc, where they invited a core group of academics and researchers from the leading technology and science studies institutes in the country, to look at the possibility of designing innovative and new curricula for undergraduate students in India.
Mobile technologies and enlightened service packages help persons with disabilities connect to new opportunities
Innovative approaches from mobile hardware and applications developers as well as operators are helping connect the estimated 15% of the global population that lives with some form of disability to the power of information and communication technology.
Reversing India's Downward Trajectory
The country can regain growth momentum with rate cuts and telecom reforms, writes Shyam Ponappa in this column published in the Business Standard on 5 January 2012.
Report on the 'Open Access to Academic Knowledge' workshop
On Wednesday the 2nd of November, during Open Access Week, the Indian Institute of Science in conjunction with the Centre for Internet and Society held a workshop on Open Access at the National Centre for Science Information, in Bangalore.
Click to Change
From organising political protests and flash mobs to uploading their versions of Kolaveri Di, people brought about change with the help of the internet, writes Nishant Shah in this article published in the Indian Express on 1 January 2012.
Inputs for NTP 2011
The Centre for Internet and Society wishes to commend the DoT on the draft of the New Telecom Policy and offers its suggestions to improve the draft with specific changes.
The Historian Wins Over the Biographer
In Walter Isaacson's eponymous biography of Steve Jobs, the multibillion dollar man who is credited with single handedly changing the face of computing and the digital media industry, we face the dilemma of a biographer: how do you make sense of a history that is so new, it is still unfolding? Nishant Shah's detailed review of Steve Jobs' biography is now out in the Biblio and is is available online (after a free registration) as a PDF.
Of Surrogate Futures and Scattered Temporalities
There can be no refuting Michael Edwards’ claim that the world we live in is not only thick with problems, but that the problems that we are collectively trying to address are ‘thick...complex, politicized and unpredictable...complicated and contested’.
Universal Service for Persons with Disabilities: A Global Survey of Policy Interventions and Good Practices
The Global Initiative for Inclusive Information and Communication Technologies and the Centre for Internet and Societies in cooperation with the Hans Foundation have published the Universal Service for Persons with Disabilities: A Global Survey of Policy Interventions and Good Practices. The book consists of a Foreword by Axel Leblois, an Introduction and four chapters. Deepti Bharthur, Axel Leblois and Nirmita Narasimhan have contributed to the chapters.
Exposing Data: Art Slash Activism
Tactical Tech and the Centre for Internet and Society (CIS) organised a public discussion on the intersection of Art and Activism at the CIS office in Bangalore on 28 November 2011. Videos of the event are now online. Ward Smith (Lecturer, University of California, LA), Stephanie Hankey and Marek Tuszinsky (Co-founders, Tactical Technology Collective), Ayisha Abraham (Film maker, Srishti School of Art Design) and Zainab Bawa (Research Fellow, Centre for Internet and Society) spoke in this event.
US Clampdown Worse than the Great Firewall
If you thought China’s Internet censorship was evil, think again. American moves to clean up the Web could hurt global surfers, writes Sunil Abraham in this article published in Tehelka, Volume 8, Issue 50, 17 December 2011.
Accessibility in the New Telecom Policy 2011
Responding to the call for comments on NTP 2011, 27 organisations sent a joint letter requesting that accessibility for persons with disabilities be included specifically within the goals and objectives of the policy. The submission is available here. It deals exclusively with the issue of accessibility in telecommunications for persons with disabilities, which has been left out of NTP 2011. We outline below in some detail the rationale for including accessibility in the NTP.
Now Streaming on Your Nearest Screen
Digital cinema, especially the kinds produced using mobile devices and travelling on Internet social networking systems like YouTube and MySpace, are often dismissed as apolitical and ‘merely’ a fad. Moreover, content in the non-English language, due to incomprehensibility or lack of understanding of the cultural context of the production, is labeled as frivolous, or inconsequential, writes Nishant Shah in this peer reviewed essay published in the Journal of Chinese Cinemas, Volume 3, Issue 1, June 2009.
Internet and Society in Asia: Challenges and Next Steps
The ubiquitous presence of internet technologies, in our age of digital revolution, has demanded the attention of various disciplines of study and movements for change around the globe. As more of our environment gets connected to the circuits of the World Wide Web, we witness a significant transformation in the way we understand the politics, mechanics and aesthetics of the world we live in, says Nishant Shah in this peer reviewed essay published in Inter-Asia Cultural Studies, Volume 11, Number 1, March 2010.
The Digital Classroom: Social Justice and Pedagogy
What happens when we look at the classroom as a space of social justice? What are the ways in which students can be engaged in learning beyond rote memorisation? What innovative methods can be evolved to make students stakeholders in their learning process? These were some of the questions that were thrown up and discussed at the 2 day Faculty Training workshop for participant from colleges included in the Pathways to Higher Education programme, supported by Ford Foundation and collaboratively executed by the Higher Education Innovation and Research Application and the Centre for Internet and Society, Bangalore.
