Centre for Internet & Society

Social Entitlements for the Transgender Community

Posted by Deepa Krishnappa and Tasneem Mewa at Jul 14, 2020 06:27 AM |
Filed under: , ,

This report has been authored by Deepa Krishnappa and Tasneem Mewa, and edited by Ambika Tandon, Gurshabad Grover and Rajesh Srinivas.

Read More…

Event Report: How Safe is Your Harbour? Discussions on Intermediary Liability and User Rights

Posted by Anna Liz Thomas, Shubhika Saluja, Kanav Khanna and Dipto Ghosh at Jul 10, 2020 12:50 PM |

This report provides an overview of the proceedings and outcomes of the panel discussions on intermediary liability, organised at The Energy Research Institute’s (TERI) in Bangalore, on 20 January 2020.

Read More…

Investigating TLS blocking in India

Posted by Simone Basso, Gurshabad Grover and Kushagra Singh at Jul 09, 2020 01:25 AM |

A study into Transport Layer Security (TLS)-based blocking by three popular Indian ISPs: ACT Fibernet, Bharti Airtel and Reliance Jio.

Read More…

Towards Algorithmic Transparency

Posted by Radhika Radhakrishnan, and Amber Sinha at Jul 06, 2020 09:55 AM |

This policy brief examines the issue of transparency as a key ethical component in the development, deployment, and use of Artificial Intelligence.

Read More…

Response to the ‘Call for Comments’ on The Santa Clara Principles on Transparency and Accountability

Posted by Torsha Sarkar and Suhan S at Jul 01, 2020 05:45 AM |

The Santa Clara Principles on Transparency and Accountability, proposed in 2018, provided a robust framework of transparency reporting for online companies dealing with user-generated content. In 2020, the framework underwent a period of consultation "to determine whether the Santa Clara Principles should be updated for the ever-changing content moderation landscape." In lieu of this, we presented our responses, which are in-line with our previous research and findings on transparency reporting of online companies, especially in context of the Indian digital space.

Read More…

Brindaalakshmi.K - Gendering of Development Data in India: Beyond the Binary

This report by Brindaalakshmi.K seeks to understand the gendering of development data in India: collection of data and issuance of government (foundational and functional) identity documents to persons identifying outside the cis/binary genders of female and male, and the data misrepresentations, barriers to accessing public and private services, and informational exclusions that still remain. Sumandro Chattapadhyay edited the report and Puthiya Purayil Sneha offered additional editorial support. This work was undertaken as part of the Big Data for Development network supported by International Development Research Centre (IDRC), Canada.

Read More…

Remove misinformation, but be transparent please!

Posted by Torsha Sarkar at Jun 29, 2020 11:46 AM |

The Covid-19 pandemic has seen an extensive proliferation of misinformation and misleading information on the internet - which in turn has highlighted a heightened need for online intermediaries to promptly and effectively deploy its content removal mechanisms. This blogpost examines how this necessity may affect the best practices of transparency reporting and obligations of accountability that these online intermediaries owe to their users, and formulates recommendations to allow preservation of information regarding Covid-19 related content removal, for future research.

Read More…

Donald Trump is attacking the social media giants; here’s what India should do differently

Posted by Anna Liz Thomas and Gurshabad Grover at Jun 25, 2020 09:10 AM |

For a robust and rights-respecting public sphere, India needs to ensure that large social media platforms receive adequate protections, and are made more responsible to its users.

Read More…

'I feel the pain of having nowhere to go': A Manipuri Trans Woman Recounts Her Ongoing Lockdown Ordeal

'I feel the pain of having nowhere to go': A Manipuri Trans Woman Recounts Her Ongoing Lockdown Ordeal

Posted by Santa Khurai at Jun 22, 2020 09:55 AM |

"My life and work in Bengaluru came to an abrupt halt with the COVID-19 outbreak and lockdown this March. We no longer had jobs and were forced to plan our departure from the city." -- As told to Santa Khurai, Manipur-based queer and Nupi Manbi activist, artist and writer. Compiled by Aayush Rathi, a cisgender, heterosexual man, and researcher with Centre for Internet and Society, India. This account is part of an ongoing CIS research project on gender, welfare and surveillance in India, and is supported by Privacy International, UK.

Read More…

Cryptocurrencies in India get a second wind

Posted by Vipul Kharbanda at Jun 19, 2020 03:10 PM |

An analysis of the Supreme Court judgment cryptocurrency judgment.

Read More…

Guest Report: Bridging the Concerns with Recommending Aarogya Setu

Posted by Siddharth Sonkar at Jun 19, 2020 02:35 PM |

Keywords: Aarogya Setu, Constitutionality, Digital Contact Tracing, Location Data, Personal Data Protection Bill, 2019, Exemptions, Personal Data, Sensitive Personal Data, Mosaic Theory, Surveillance, Privacy, Governing Law, Necessity, Intensity of Review, disparate Impact, Proportionality

Read More…

DWRU, BBGS & MKU - The Covid-19 Pandemic and the Invisible Workers of the Household Economy

Posted by Geeta Menon at Jun 16, 2020 11:10 AM |

Domestic Workers Rights Union (DWRU), Bruhat Bangalore Gruhakarmika Sangha (BBGS), and Manegelasa Kaarmikara Union (MKU) have prepared a report on the invisibilisation of domestic workers under the Covid-19 pandemic and a set of demands directed at the government and resident welfare associations (RWAs) for better, dignified and just treatment of domestic workers in Karnataka. We at CIS are proud to contribute to and publish this work as part of the ongoing 'Feminist Internet Research Network' project supported by the Association for Progressive Communications (APC).

Read More…

Geo-economic impacts of the coronavirus: Global Supply Chains (Part I)

Posted by Nikhil Dave at Jun 16, 2020 08:20 AM |

This two part blog post looks at the geo-economic impacts of the coronavirus by examining crucial impacts of developments in China. Part I looks at the impact of China's shutdown on global supply chains and part two, considers the implications for the future of 5G technology.

Read More…

Unlock = Open, not Choked!

Posted by Shyam Ponappa at Jun 15, 2020 03:04 AM |
Filed under: , ,

Don't let a virus stall initiatives and weaken the economy.

Read More…

The debate over internet governance and cyber crimes: West vs the rest?

Posted by Elizabeth Dominic at Jun 08, 2020 07:04 AM |

The post looks at the two models proposed for internet governance and the role of cyber crimes in shaping the debate. In this context, it will also critically analyze the Budapest Convention (the “convention”) and the recently proposed Russian Resolution (the “resolution”), and the strategies adopted in each to deal with the menace of cybercrimes. It will also briefly discuss India’s stances on these issues.

Read More…

Freedom of Expression in India: Key Research and Findings

Posted by Torsha Sarkar at Jun 02, 2020 09:20 AM |

Over the last two years, CIS has carried out critical research on the issue of freedom of expression in India. We have continued our work on intermediary liability, as well as expanded our expertise to emerging areas, like online extreme speech. Researchers have also closely tracked developments around internet shutdowns, and the impact of social media and data on democratic processes in the country.

Read More…

Kick-start the economy with cash flow

Posted by Shyam Ponappa at May 24, 2020 08:43 PM |

Pay government dues and enable high-speed connectivity

Read More…

Essay: Watching Corona or Neighbours? - Introducing ‘Lateral Surveillance’ during COVID-19

Posted by Mira Swaminathan and Shubhika Saluja at May 21, 2020 12:25 PM |

Surveillance is already suspected to have become the ‘new normal’ considering the extensive amounts of money that is being invested by governments around the globe. The only way out of this pandemic is to take a humane approach to surveillance wherein the discriminatory tendencies of the people while spreading information about those infected are factored in to prevent excessive harm.

Read More…

High priced restrictive entry, distorted regulations make India's telecom sector unattractive

Posted by Rekha Jain at May 20, 2020 08:45 AM |

In the wake of COVID-19, the PM has emphasized the opportunity to attract FDI by transforming the business environment and urged policy makers to ease the way business is done.

Read More…

Short on Spectrum: Need for an enabling policy and regulatory environment

Posted by Rekha Jain at May 20, 2020 08:40 AM |

This article first appeared Tele.net in March 2020.


Internet and telecom are the key drivers of economic growth. India has the potential to become the largest internet-using country after China, with current estimates showing that five to seven million mobile internet users are being added and about 35 million smartphone shipments happen every quarter in the country. The huge demand for mobile broadband requires adequate spectrum and capacity in radio access networks. Further, due to poor fibre connectivity, estimated at only 15-20 per cent of the existing towers, backhaul spectrum availability is critical.

Given the growth driver of telecom and internet in India is mobile, a critical resource for sector growth is spectrum – the only natural resource that is equally endowed across all nations. However, in India, operators and citizens are spectrum starved. There is a need to introspect why that is so. Further, with an economy on the rise that places ever higher demands on telecom services, the sector should have a growth trajectory that surpasses others. However, the Indian telecom sector story is that of the proverbial killing of the goose that lays golden eggs.

In the current scenario, there are three private sector operators – Bharti Airtel, Vodafone Idea and Reliance Jio – and public sector entities Bharat Sanchar Nigam Limited (BSNL) and Mahanagar Telephone Nigam Limited (MTNL). BSNL and MTNL have a declining market share of 10.5 per cent and hardly any 4G services as they were not allocated spectrum for it. As of November 2019, the teledensity stood at nearly at 88.9 per cent, urban being 157.3 per cent and rural being 56.7 per cent. Mobile services contributed to nearly 98 per cent of the urban and nearly 100 per cent of the rural teledensity.

Vodafone Idea and Bharti Airtel are under tremendous financial stress, caused by accumulated losses of more than Rs 2.2 trillion that include due payments of revenue share (based on adjusted gross revenue [AGR]) due as a part of their licence fee, penalty and interest payments for delayed payments to the Department of Telecommunications (DoT), high prices paid in auctions for spectrum in 2016 and business disruption following the entry of Reliance Jio. To put the numbers in perspective, the entire revenue for the sector was Rs 2.11 trillion for 2017-18. Given the current poor financial situation of the private operators, the government had to delay the auction of 5G spectrum as most private sector operators are not in a position to bid for new spectrum and also invest in the new networks required. A major concern for policymakers is that there could be a significant reduction in competitiveness and consumer choice as there is a possibility that Vodafone Idea may exit the sector, given its weak financial state. Since BSNL and MTNL’s market share is very low and is not likely to grow significantly, the telecom sector could effectively have a duopoly.

What has caused the telecom sector to be in this state? While the private sector’s strategies and actions have contributed to the current situation, a major portion of the responsibility is due to the restrictive policy and regulatory environment in which the sector has operated. While the private sector must contribute to paying its dues for using a public resource (spectrum or right of way) for private gains, overly restrictive licence conditions, a constrictive environment for making more spectrum available from DoT and infeasible pricing of spectrum recommended by the Telecom Regulatory Authority of India (TRAI) could make the sector unviable. I would like to highlight some key concerns that could be addressed in the short term.

AGR

This is exemplified in the basis for AGR calculation that included total income from both activities that require a licence such as provision of telecom services and also that do not such as interest income and equipment sale. AGR forms the basis of licence fee and spectrum usage charges (SUC). While the licence explicitly identified all components of AGR and telecom operators accepted the licence conditions when they signed the licence, and must bear the consequences of the same, it is difficult to understand the logic of DoT in coming out with such conditions. It is true that the government has a sovereign right to specify any condition, but an enlightened and long-term view would indicate that it is not in the interest of the sector to have restrictive conditions.

Another such example is the legacy of SUC that originated when service and spectrum licences were bundled. Since these have been unbundled, there is no longer any requirement of SUC, which constitutes a significant outflow (3-5 per cent), as operators pay a licence fee for the spectrum. This is double charging and unfair. While DoT may be concerned that the removal of SUC would lead to lower revenue for the government, new services, higher adoption of existing services and the corresponding increase in service tax and corporate tax should more than compensate for it. Further, government dues on licence fee and SUC have come down, as the AGR of two of the private operators has come down.

 

Spectrum availability

Compared to several other countries, India has a relatively constrained supply of spectrum for commercial use, both in the unlicensed and licensed bands. In a spectrum-starved country such as India, where each operator gets about one-fourth of the licensed spectrum as compared to operators in other countries, making more bands both licensed and unlicensed bands available unleashing the potential of unlicensed spectrum is important.

Licensed spectrum

Often operators have not bid when licensed spectrum was made available in auctions. This has been due to the arbitrary and high reserve prices set by TRAI. These are high in comparison to those in several developed countries. Lower propensity to pay and higher competition levels in India (with a peak of 12-14 operators per service area until 2012 and nearly five operators until the recent spate of mergers), and lower amount of spectrum per operator is a recipe for financial stress of the companies. TRAI has a peculiar and unique practice of setting the reserve price in any auction the same as the winning price in the previous auction and when it is a new band or recent auctions have not been held in existing bands, some arbitrary multipliers on the nearest band’s winning price are used. Despite the failure of the 2016 auctions, where bands that are globally in high demand had no bids, TRAI once again set very high reserve prices for the 3.3-3.6 GHz in its recommendations in 2018. After several iterations between DoT and TRAI on reconsideration of prices, TRAI announced that it had reduced them by 43 per cent. Even after this arbitrary reduction, prices continued to be much higher than those in the developed countries where such spectrum had been auctioned.

Unlicensed spectrum

India has around 660 MHz of spectrum available for unlicensed use, spread across various spectrum bands. In comparison to other countries (the US 15,403 MHz, the UK 15,404 MHz, China 15,360 MHz, Japan 15,377 MHz and Brazil 15,360 MHz), this is significantly less. There is a perceived reluctance on the part of DoT to make more spectrum licence-exempt, largely because of a narrow interpretation of the Supreme Court judgment (2012). According to this perspective, the Supreme Court had mandated the allocation of spectrum only through auctions. However, a more informed reading and interpretation indicate that the Supreme Court, in its judgment, had referred to spectrum allocation as a policy decision within the purview of the executives. In a subsequent Presidential reference made by the government, the apex court had elaborated that the scope of the judgment was limited to 2G spectrum distributed on a first come, first served basis during 2007-08. Further, any alienation of scarce public resources needs to be done in a fair and transparent manner, backed by a social or welfare purpose. In the case of unlicensed spectrum, since there is no need to allocate spectrum specifically to any user, there is no contention regarding the choice of the allocation method. By not adopting clarifications in the judgment and the Presidential reference, DoT has delayed spectrum allocation in different bands, including unlicensed bands.

Conclusion

The above examples indicate the restrictive policy regime that has characterised private entry into the sector since its inception. There have been instances in the past, such as a shift from a one-time entry fee to a revenue sharing regime or moving to a technology-and service-neutral licence, where the government has shown how an enlightened policy perspective that could enable services to take off. A similar approach that views the private sector as a partner in growth (with relevant provisions to prevent abuse) and enables competition to bring in consumer choice, innovation and reasonable pricing will see services take off.

While the private sector must take a long-term perspective of what drives the growth in the sector and not just seek redressal through short-term measures, the onus on the government is much higher. It is the one that sets the agenda and has a vision of what kind of development citizens have a right to. So far, given the current state of the telecom sector, the government needs to push for a long-term enlightened policy agenda that will provide world-class services to its citizens and increase India’s competitiveness. I also hope that policymakers will recognise that 512 kbps should not qualify as broadband speed (which it is, by current definitions).

If we aim low, we cannot achieve high growth.