Pathways to Higher Education

Know your Users, Match their Needs!

rebecca — 2012-02-27T15:06:14Z

As Free Access to Law initiatives in the Global South enter into a new stage of maturity, they must be certain not to lose sight of their users’ needs. The following post gives a summary of the “Good Practices Handbook”, a research output of the collaborative project Free Access to Law — Is it Here to Stay? undertaken by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society.

Almost ten years have passed since the Montreal Declaration on Free Access to Law (FAL) was signed by eight legal information institutes and other FAL initiatives. Today, the Free Access to Law Movement (FALM) is growing with over 30 initiatives having signed onto the Declaration and providing free, online access to legal information. While the movement continues to gain momentum, the big question no longer remains why we need free access to law, but instead how FAL initiatives can continue to do so sustainably in the long-term. The principles of access and justice underpinning the FALM have been well-argued and few would dispute the notion that citizens ought to have access to the laws under which they are governed. As the Montreal Declaration states: "Public legal information from all countries and international institutions is part of the common heritage of humanity…Maximizing access to his information promotes justice and the rule of law" (2002).

Regardless of legal system or political context, the importance of securing free online access to the law has been recognized from a variety of perspectives. Whether FAL is considered a critical democratic function or simply an essential efficiency within any legal system, it is difficult to contest that the internet has increased the accessibility of and ease with which legal information is being published and shared online. Setting the ideological and practical foundations of the movement aside, effectively demonstrating the impact of FAL initiatives and to secure their sustainability in the long-term remains the next big challenge for the FALM. Today, there is a growing necessity for grounded and realistic indicators that can validate some of the long-held assumptions around the impacts and outcomes of FAL initiatives. Furthermore, and perhaps more importantly, there is also a need for a more nuanced understanding of the factors that influence the sustainability of FAL initiatives— particularly in resource-scarce and often nebulous legal systems of the Global South.

This blog post provides some insight into the questions above through a brief summary of the results of the study Free Access to Law—Is it Here to Stay? This global comparative study was carried out by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society. The project set out to begin providing answers to some of these critical questions around the impacts and sustainability of the FALM. It was initially hypothesized in the study that the sustainability of a FAL initiative rests upon a particular string of contingent factors. To begin, a particular condition would incentivize the creation of the FAL initiative — more often than not meeting the unmet needs of those requiring access to legal information. Next, if the FAL initiative is able to provide the service within a favourable context, it was suspected that it would produce favourable outcomes for both users and society at large. In turn, if the FAL initiative was able to provide benefits to users, it was theorized that these benefits would then stimulate reinvestment into the FAL initiative — forming a positive and sustainable feedback loop.

As the Good Practices Handbook highlights, the research hypothesis provided an accurate reading of what the sustainability chain of a FAL initiative might look like in practice. If unable to keep up with the evolving information requirements of their users, this study suggests that FAL initiatives run the risk of FAL becoming outdated and even outperformed by either government-based or private sector initiatives. This is why FAL initiatives must continue to be innovative and find new ways to meet users’ needs. Approaches take my include keeping their collections up to date, fine-tuning their services or even reinventing themselves through the provision of value-added services. Gathered from the experiences of the eleven countries across Africa and Asia examined in this study, the following is a brief summary of the nine “Good Practices” that emerging FAL initiatives can consider:

The FAL initiative should establish clear objectives: Before doing anything, the FAL initiative should decide what exactly it’s setting out to do…critical components such as content selection, targeted audience, expected reach, search functionalities and other website features help determine priorities and evaluate capacity to achieve these objectives.
How to be small and do big things: Most of the FAL initiatives studied as part of this project were formed of small teams (often less than five individuals). Initially, this may appear to pose a risk for sustainability. However, we saw a number of ways in which small teams have proven to be innovative, flexible, and able to thrive in environments of scarcity. However, as much as small teams can be seen as a source of innovation, they may also pose a risk in the medium to long-term.
FAL initiatives require expertise in both IT and legal information: Legal information management experts understand how the law is applied, how different texts and parts of texts speak to one another, and how these documents are used. IT experts can imagine a variety of ways to address these needs. If both forms of expertise is not available within the team of a FAL initiative, institutional partnerships provide promising sites for collaborative support. For example, the FALM constitutes a rich source of expertise and has proven to be a site of collaboration between established and emerging FAL initiatives. Further, universities have proven to be a significant source of human and financial resources for several FAL initiatives.
FAL initiatives should look to where they are headed (but not too far ahead): Because the purpose of a FAL initiative is to provide free online access to the law, it must secure access to this data for regular publication. How will legal information be received and organized by the initiative? In what format will it be published in? Early on, FAL initiatives need to develop both internal and external workflow processes to ensure that the initiative is able to provide regular access to updated information. Furthermore, an important finding of the study suggests that context plays a much larger role in a project’s sustainability. Consideration should be given to a country’s ICT infrastructure, the transparency of a government and their access to information regimes, and the nature of the legal information market when designing the workflows of an FAL initiative.
FAL initiatives should work with the ICT infrastructure in place: The quality and consistency of internet access varies across countries in the Global South. FAL initiatives should remain aware of how stakeholders and users are accessing the internet and develop their service accordingly. Considering the often intermittent nature of internet connectivity in the Global South, providing users with offline access to databases is a practical alternative.
FAL initiatives should use Free and Open Source Software: FAL initiatives should maximise their use of FLOSS. All FAL initiatives use FLOSS to some extent and without these flexible and cost-effective alternatives, it would be safe to infer that the FALM would have grown as quickly as it has.
FAL initiatives should be sensitive to culture: FAL initiatives rely on stakeholders and communities of users. Staying mindful of the professional and organizational cultures within a country may provide the initiative with a source of community support which may become a sustainability strategy. Further, integrated or parallel social networking platforms can play an essential role in community-building around the FAL initiatives and can also serve as another source of content in resource-scarce environments.
Find your users, match their needs: Project goals and appropriate strategies should be based on an in-depth understanding of the needs of those using the FAL initiative. As the sustainability chain suggests, when FAL initiatives produce positive outputs and outcomes, stakeholders will reinvest in the initiative to ensure its sustainability. If a user’s needs are effectively met by an FAL initiative, this group can provide either the resources or impetus for its continued success. Identifying who your users are and staying aware of their needs is a good way to secure reinvestment into the project.
FAL initiatives should diversify funding sources: This may be easier said than done — reinvestment can be the most challenging aspect of sustaining a FAL initiative. Early on, initiatives that receive donor-based funding benefit substantially upon investment. However, these initiatives are put at significant risk once initial seed funding has been depleted. Similarly, FAL initiatives that partnerships with other during their start up phase face similar fates as securing long-term service delivery can become a challenge. Possible funding sources included throughout the study include, among others: government, international development agencies or NGOs, the judiciary, law societies and the sale of value-added services.

In addition to these good practices, this study has emphasized the role the that the FALM has played in helping redefine online legal information as a public good. Each of the case studies demonstrates in a unique way the value openness plays in a legal information ecosystem, and how a robust digital legal information commons can be of benefit to users. Traditionally, the legal information market has been dominated by a select number of commercial players. In response, the FALM has created an important transnational space within which conversations around the provision of and access to legal information as a political right rather than a commodity to be bought and sold can take place. Encouragingly, governments in the Global South are catching and FAL initiatives from the South have proven to be immense sources of innovation in their own right. In Indonesia, for example, FAL initiatives have laid the groundwork for emerging government initiatives that are now prioritizing the provision of free, online access to legal and other government information. Today, I believe that we are witnessing an important paradigm shift as governments are beginning to recognize that “access” to legal information is a right to be held by the public.

Despite such headway, it is needless to say that FAL initiatives in the Global South continue to face immense sustainability challenges. However, it is hoped that this study can provide some practical insights for emerging initiatives and partnerships. However, as more FAL initiatives begin entering into the next stage of maturity and growth, it is more important than ever that they are able to adapt to adverse environmental changes and form long-lasting partnerships with information sources within government. Most importantly, FAL initiatives must remain dynamic and responsive to users’ needs. To do so, they must be able to tailor and expand their services, offerings and user-base. To secure their sustainability and relevance in the long term, they must also be continuously strengthening their ties and maintain open communication flows with users. If FAL initiatives are able to successfully make the transition from being supply side initiatives to becoming demand driven services, the FALM will be well-positioned for another decade of sustainable growth.

Download the collection below:

Good Practices Handbook (426 kb)
Environmental Scan Report (860 kb)
Local Researcher's Methodology Guide (1225 kb)

The full collection of case studies and the Good Practices Handbook was originally published on the Project Website. The Centre for Internet and Society oversaw the following case studies: India, Hong Kong, Indonesia and Philippines.

For more details visit https://cis-india.org/openness/blog-old/know-your-users

e-Accessibility Policy Handbook for Persons with Disabilities (Russian Version)

praskrishna — 2012-04-26T10:04:08Z

The e-Accessibility Policy Handbook for Persons with Disabilities is based upon the online ITU-G3ict e-Accessibility Policy Toolkit for Persons with Disabilities (www.e-accessibilitytoolkit.org) which was released in February 2010. This is the Russian translation of the same.

The Toolkit and its companion handbook have contributions from more than 60 experts around the world on ICT accessibility and is a most valuable addition to policy makers and regulators, advocacy and research organisations and persons with disabilities on the implementation of the ICT dispositions of the CRPD.

The handbook is a joint publication of ITU, G3ict and the Centre for Internet and Society, in cooperation with The Hans Foundation. The book is compiled and edited by Nirmita Narasimhan. Preface by Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union. Introduction by Dr. Sami Al-Basheer, Director, ITU-D. Foreword by Axel Leblois, Executive Director, G3ict.

UNIC Moscow (United Nations Information Centre - Moscow) has translated the English version of the kit to Russian. For more information on the translation initiative by UNIC Moscow, click here.

Download the Russian version here (PDF, 1045 kb)

For more details visit https://cis-india.org/accessibility/e-accessibility-kit-in-russian

Analysis of DIT's Response to Second RTI on Website Blocking

pranesh — 2011-12-02T09:26:11Z

In this blog post, Pranesh Prakash briefly analyses the DIT's response to an RTI request on website blocking alongside the most recent edition of Google's Transparency Report, and what it tells us about the online censorship regime in India.

What the DIT's Response Tells Us, and What It Doesn't

We at the Centre for Internet and Society had sent in a right to information request to the Department of Information Technology (DIT) asking for more information about website blocking in India. The response we got from the DIT was illuminating in many ways. The following are the noteworthy points, in brief:

Six government officials, and one politician have so far made requests for 'disabling access' to certain online content under s.69A of the Information Technology (IT) Act.
68 individual items have been requested to be blocked, those being 64 websites (domain-level blocking), 1 sub-domain, and 3 specific web pages. Seemingly, none of these requests have been accepted.
The data provided by the government seemingly conflicts with the data released by the likes of Google (via its Transparency Report).
India's law enforcement agencies are circumventing the IT Act, the Indian Penal Code (IPC), and ultimately the Constitution, by not following proper procedure for removal of online content.
Either the DIT is not providing us all the relevant information on blocking, or is not following the law.

Conflicting Data on Censorship Requests

The latest Google Transparency Report, released on October 25, 2011, shows that there were 68 written requests (imaginably taking the form of forceful requests/orders) from Indian law enforcement agencies for removal of 358 items from Google's various. If you take the figures since January 2010, it adds up to over 765.

However, the official government statistics show only eight separate requests having been made to the DIT (which, under the IT Act, is the only authority that can order the blocking of online content), adding up to a total of 64 websites (domain-level), 1 sub-domain, and 3 specific web pages. Of these only 3 are for Google's services (2 for Blogger, and 1 for YouTube).

If classified according to presumable reason for seeking of the block, that would be 61 domains hosting adult content; 1 domain (tamil.net.in), 1 sub-domain (ulaginazhagiyamuthalpenn.blogspot.com), and 2 specific pages (video of a speech by Bal Thackeray on YouTube and Wikipedia page for Sukhbir Singh Badal) for political content; 1 for religious content (a blog post titled "Insults against Islam" in Malay); and 1 domain hosting online gambling (betfair.com). It is unclear for why one of the requests was made (topix.net).¹

Content Removal vs. Content Blocking

Section 69A of the IT Act provides the Central Government the power to "direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource". The only person through whom this power can be exercised is the 'Designated Officer' (currently Dr. Gulshan Rai of the DIT), who in turn has to follow the procedure laid down in the rules drafted under s.69A ("Information Technology (Procedure and Safeguard for Blocking for Access of Information by Public) Rules, 2009", the 'Blocking Rules').

Because of this, we see everyone from the Secretary of the Public Law and Order Department of Tamil Nadu to the Joint Commissioner of Police of Mumbai and the State President of the Bharatiya Janata Minority Morcha approaching the Designated Officer for blocking of websites.

However, as the data from Google shows, there are many times more requests being sent to remove content. The only explanation for this is that an order to 'block for access... or cause to be blocked for access by the public' is taken to be different from an order for removal of content. Nothing in the IT Act, nor in the Blocking Rules actually address this issue.²

Thus, there is a possibility that the forcible removal of content is treated separately from blocking of content. That would mean that while blocking is regulated by the IT Act, forcible removal of content is not. Thus, it would seem that forcible removal of online content is happening without clear regulation or limits.³

Role of the Indian Penal Code and Code of Criminal Procedure

There are existing provisions in the Indian Penal Code that provide the government the power to censor book, pamphlets, and other material on varied grounds, including obscenity, causing of enmity between communities, etc. The police is provided powers to enforce such governmental orders. Section 95 of the Code of Criminal Procedure allows the State Government to declare (through an official notification) certain publications which seem to violate the Indian Penal Code as 'forfeited to the Government' and to issue search warrants for the same. After this the police can enforce that notification.

It is clear that this is not the case for any of the content removal requests that were sent to Google.

Police Are Defeating the Constitution and the IT Act

Therefore, it would seem that law enforcement agencies are operating outside the bounds set up under the Indian Penal Code, the Code of Criminal Procedure, as also the Information Technology Act, when they send requests for removal of content to companies like Google. While a company might comply with it because it appears to them to violate their own terms of service (which generally include a wide clause about content being in accordance with all local laws), community guidelines, etc., it would appear that it is not required under the law to do so if the order itself is not legal.

However, anecdotal evidence has it that most companies comply with such 'requests' even when they are not under any legal obligation to do so.

This way the intention of Parliament in enacting s.69A of the IT Act—to regulate government censorship of the Internet and bring it within the bounds laid down in the Constitution—is defeated.

DIT Either Evasive or Not Following Rules

The DIT did not provide answers on:

Whether any block ordered by the DIT has ever been revoked
On what basis DIT decides which intermediary (web host, ISP, etc.) to send the order of blocking to

It also provided the minutes for only one meeting⁴ of the committee that decides whether to carry out a block, when we had requested for minutes of all the meetings it has ever held. That committee (the Committee for Examination of Requests, constituted under Rule 8(4) of the Blocking Rules) has to consider every single item in every single request forwarded to the Designated Officer, and 68 items were sent to the Designated Officer in 6 requests. Quite clearly something doesn't add up. Either the Committee is not following the Blocking Rules or the DIT is not providing a full reply under the RTI Act.

A request was made to block http://www.topix.net, by the 'Commmissioner, Maharashtra State, Colaba, Mumbai—400001', presumably the Commissioner of State Intelligence Department of Maharashtra, whose office is located in Colaba. ↩
However, the Blocking Rules require the person or the hosting intermediary being contacted for a response. This provides the person/intermediary the opportunity to remove the content voluntarily or to oppose the request for blocking.

"Rule 8. Examination of request: (1) On receipt of request under rule 6, the Designated Officer shall make all reasonable efforts to identify the person or intermediary who has hosted the information or part thereof as well as the computer resource on which such information or part thereof is being hosted and where he is able to identify such person or intermediary and the computer resource hosting the information or part thereof which have been requested to be blocked for public access, he shall issue a notice by way of letters or fax or e-mail signed with electronic signatures to such person or intermediary in control of such computer resource to appear and submit their reply and clarifications if any, before the committee referred to in rule 7, at a specified date and time, which shall not be less than forty-eight hours from the time of receipt of such notice by such person or intermediary." ↩
While it is possible to imagine that the Indian Penal Code and the Code of Criminal Procedure lay down limits, it is clear from the Google Transparency Report that the requests from removal are not coming based only on court orders, but from the executive and the police. The police have no powers under the IPC or the CrPC to request removal of content without either a public notification issued by the State Government or a court order. ↩
The minutes of the meeting held on August 24, 2010, on the request for blocking of www.betfair.com were sent as 'Annexure III' of the DIT response. This request was not granted. ↩

For more details visit https://cis-india.org/internet-governance/blog/analysis-dit-response-2nd-rti-blocking

Digital AlterNatives with a Cause?

nishant — 2015-04-10T09:22:29Z

Hivos and the Centre for Internet and Society have consolidated their three year knowledge inquiry into the field of youth, technology and change in a four book collective “Digital AlterNatives with a cause?”. This collaboratively produced collective, edited by Nishant Shah and Fieke Jansen, asks critical and pertinent questions about theory and practice around 'digital revolutions' in a post MENA (Middle East - North Africa) world. It works with multiple vocabularies and frameworks and produces dialogues and conversations between digital natives, academic and research scholars, practitioners, development agencies and corporate structures to examine the nature and practice of digital natives in emerging contexts from the Global South.

Introduction

In the 21^st Century, we have witnessed the simultaneous growth of internet and digital technologies on the one hand, and political protests and mobilisation on the other. Processes of interpersonal relationships, social communication, economic expansion, political protocols and governmental mediation are undergoing a significant transition, across in the world, in developed and emerging Information and Knowledge societies.

The young are often seen as forerunners of these changes because of the pervasive and persistent presence of digital and online technologies in their lives. The “ Digital Natives with a Cause?” is a research inquiry that uncovers the ways in which young people in emerging ICT contexts make strategic use of technologies to bring about change in their immediate environments. Ranging from personal stories of transformation to efforts at collective change, it aims to identify knowledge gaps that existing scholarship, practice and popular discourse around an increasing usage, adoption and integration of digital technologies in processes of social and political change.

Methodology

In 2010-11, three workshops in Taiwan, South Africa and Chile, brought together around 80 people who identified themselves as Digital Natives from Asia, Africa and Latin America, to explore certain key questions that could provide new insight into Digital Natives research, policy and practice. The workshops were accompanied by a ‘Thinkathon’ – a multi-stakeholder summit that initiated conversations between Digital Natives, academic researchers, scholars, practitioners, educators, policy makers and corporate representatives to share learnings on new questions: Is one born digital or does one become a Digital Native? How do we understand our relationship with the idea of a Digital Native? How do Digital Natives redefine ‘change’ and how do they see themselves implementing it? What is the role that technologies play in defining civic action and social movements? What are the relationships that these technology based identities and practices have with existing social movements and political legacies? How do we build new frameworks of sustainable citizen action outside of institutionalisation?

Rationale

One of the knowledge gaps that this book tries to address is the lack of digital natives’ voices in the discourse around them. In the occasions that they are a part of the discourse, they are generally represented by other actors who define the frameworks and decide the issues which are important. Hence, more often than not, most books around digital natives concentrate on similar sounding areas and topics, which might not always resonate with the concerns that digital natives and other stake-holders might be engaged with in their material and discursive practice. The methodology of the workshops was designed keeping this in mind. Instead of asking the digital natives to give their opinion or recount a story about what we felt was important, we began by listening to their articulations about what was at stake for them as e-agents of change. As a result, the usual topics like piracy, privacy, cyber-bullying, sexting etc. which automatically map digital natives discourse, are conspicuously absent from this book. Their absence is not deliberate, but more symptomatic of how these themes that we presumed as important were not of immediate concerns to most of the participants in the workshop who are contributing to the book.

Structure

The conversations, research inquiries, reflections, discussions, interviews, and art practices are consolidated in this four part book which deviates from the mainstream imagination of the young people involved in processes of change. The alternative positions, defined by geo-politics, gender, sexuality, class, education, language, etc. find articulations from people who have been engaged in the practice and discourse of technology mediated change. Each part concentrates on one particular theme that helps bring coherence to a wide spectrum of style and content.

Book 1: To Be: Digital AlterNatives with a Cause? Download here

The first part, To Be, looks at the questions of digital native identities. Are digital natives the same everywhere? What does it mean to call a certain population ‘Digital Natives”? Can we also look at people who are on the fringes – Digital Outcasts, for example? Is it possible to imagine technology-change relationships not only through questions of access and usage but also through personal investments and transformations? The contributions help chart the history, explain the contemporary and give ideas about what the future of technology mediated identities is going to be.

Book 2: To Think: Digital AlterNatives with a Cause? Download here

In the second section, To Think, the contributors engage with new frameworks of understanding the processes, logistics, politics and mechanics of digital natives and causes. Giving fresh perspectives which draw from digital aesthetics, digital natives’ everyday practices, and their own research into the design and mechanics of technology mediated change, the contributors help us re-think the concepts, processes and structures that we have taken for granted. They also nuance the ways in which new frameworks to think about youth, technology and change can be evolved and how they provide new ways of sustaining digital natives and their causes.

Book 3: To Act: Digital AlterNatives with a Cause? Download here

To Act is the third part that concentrates on stories from the ground. While it is important to conceptually engage with digital natives, it is also, necessary to connect it with the real life practices that are reshaping the world. Case-studies, reflections and experiences of people engaged in processes of change, provide a rich empirical data set which is further analysed to look at what it means to be a digital native in emerging information and technology contexts.

Book 4: To Connect : Digital AlterNatives with a Cause? Download here

The last section, To Connect, recognises the fact that digital natives do not operate in vacuum. It might be valuable to maintain the distinction between digital natives and immigrants, but this distinction does not mean that there are no relationships between them as actors of change. The section focuses on the digital native ecosystem to look at the complex assemblage of relationships that support and are amplified by these new processes of technologised change.

We see this book as entering into a dialogue with the growing discourse and practice in the field of youth, technology and change. The ambition is to look at the digital (alter)natives as located in the Global South and the potentials for social change and political participation that is embedded in their interactions through and with digital and internet technologies. We hope that the book furthers the idea of a context-based digital native identity and practice, which challenges the otherwise universalist understanding that seems to be the popular operative right now. We see this as the beginning of a knowledge inquiry, rather than an end, and hope that the contributions in the book will incite new discussions, invoke cross-sectorial and disciplinary debates, and consolidate knowledges about digital (alter)natives and how they work in the present to change our futures.

Click here to order your copy. We invite readers to contribute reviews of an essay they found particularly interesting. Contact us: nishant@cis-india.org and fjansen@hivos.nl if you want more information, resources, or dialogues

Nishant Shah

Fieke Jansen

For media coverage and book reviews, read here.

For more details visit https://cis-india.org/digital-natives/blog/dnbook

Open Government Data in India (v2)

pranesh — 2012-12-14T10:25:25Z

The first draft of the second version of the Open Government Data Report is now online. Nisha Thompson worked on updating the first version of the report. This updated version of the report on open government data in India includes additional case studies as well as a potential policy (National Data Sharing and Accessibility Policy) that would create a central government data portal. The report was distributed for peer review and public feedback.

There are additional government case studies regarding e-governance and how they are changing the way data is collected and distributed. The report also looks at the issues around open data at the city and panchayat level and profiles new projects that are working to fill that void. It also includes a deeper account account of the global perspective on open government data and how India's experience with open data will be different from what the west is doing. Please do let us know what you think are deficiencies in the report, corrections that should be made, or even just general comments. Drop in a word even if you just find it useful. Please do write in to pranesh[at]cis-india.org by Friday, September 2, 2011. Download the [draft report].

For more details visit https://cis-india.org/openness/blog-old/ogd-draft-v2-call-for-comments

Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation

praskrishna — 2011-07-21T06:00:39Z

Deadline for submission: 26th July 2011-06-08; When: 19th - 22nd August, 2011; Where: Centre for Environmental Planning and Technology (CEPT) University, Ahmedabad; Organised by: Centre for Internet and Society, Bangalore and CEPT University, Ahmedabad. Please Note: Travel support is only available for domestic travel within India.

LOCATING INTERNETS is an innovative, multi-disciplinary, workshop that engages with some of the most crucial debates around Internet and Society within academic scholarship, discourse and practice in India. It explores Where, When, How and What has changed with the emergence of Internet and Digital Technologies in the country. The Internet is not a singular monolithic entity but is articulated in various forms – sometimes materially, through accessing the web; at others, through our experiences; and yet others through imaginations of policy and law. Internets have become a part of our everyday practice, from museums and archives, to school and university programmes, living rooms and public spaces, relationships and our bodily lived realities. It becomes necessary to reconfigure our existing concepts, frameworks and ideas to make sense of the rapidly digitising world around us. The Internet is no longer contained in niche disciplines or specialised everyday practices. LOCATING INTERNETS invites scholars, teachers, researchers, advanced research students and educationalists from any discipline to learn and discuss how to ask new questions and design innovative curricula in their discipline by introducing concepts and ideas from path-breaking research in India.

Comprised of training, public lectures, open discussion spaces, and hands-on curriculum building exercises, this workshop will introduce the participants to contemporary debates, help them articulate concerns and problems from their own research and practice, and build knowledge clusters to develop innovative and open curricula which can be implemented in interdisciplinary undergraduate spaces in the country. It showcases the research outputs produced by the Centre for Internet and Society’s Researchers @ Work Programme, and brings together nine researchers to talk about alternative histories, processes, and bodies of the Internets, and how they can be integrated into mainstream pedagogic practices and teaching environments.

Knowledge Clusters for the Workshop

LOCATING INTERNETS is designed innovatively to accommodate for various intellectual and practice based needs of the participants. While the aim is to introduce the participants to a wide interdisciplinary range of scholarship, we also hope to address particular disciplinary and scholarly concerns of the participants. The workshop is further divided into three knowledge clusters which help the participants to focus their energies and ideas in the course of the four days.

Bridging the Gap: This workshop seeks to break away from the utopian public discourse of the Internets as a-historical and completely dis-attached from existing technology ecologies in the country. This knowledge cluster intends to produce frameworks that help us contextualize the contemporary internet policy, discourse and practice within larger geo-political and socio-historical flows and continuities in Modern India. The first cluster chartsdifferent pre-histories of the Internets, mapping the continuities and ruptures through philosophy of techno-science, archiving practices, and electronifcation of governments,to develop new technology-society perspectives.
Paradigms of Practice:One of the biggest concerns about Internet studies in India and other similar developed contexts is the object oriented approach that looks largely at specific usages, access, infrastructure, etc. However, it is necessary to understand that the Internet is not merely a tool or a gadget. The growth of Internets produces systemic changes at the level of process and thought. The technologies often get appropriated for governance both by the state and the civil society, producing new processes and dissonances which need to be charted. The second cluster looks at certain contemporary processes that the digital and Internet technologies change drastically in order to recalibrate the relationship between the state, the market and the citizen.
Feet on the Ground: The third cluster looks at contemporary practices of the Internet to understand the recent histories of movements, activism and cultural practices online. It offers an innovative way of understanding the physical objects and bodies that undergo dramatic transitions as digital technologies become pervasive, persuasive and ubiquitous. It draws upon historical discourse, everyday practices and cultural performances to form new ways of formulating and articulating the shapes and forms of social and cultural structures.

Workshop Outcomes

The participants are expected to engage with issue of Internet and it various systemic processes through their own disciplinary interests. Apart from lectures and orientation sessions, the participants will actively work on their own project ideas during the period in groups and will be guided by experts. The final outcome of the workshops would be curriculum for undergraduate and graduate teaching space of various disciplines in the country.

Participation Guidelines

LOCATING INTERNETS is now accepting submissions from interested participants in the following format:

Name:
Institutional affiliation and title:
Address:
Email address:
Phone number:
A brief resume of work experience (max. 350 words)
Statement of interest (max. 350 words)
Key concerns you want to address in the Internet and Society field (max. 350 words)
Identification with one Knowledge-cluster of the workshop and a proposal for integrating it in your research/teaching practice (max. 500 words)
Current interface with technologies in your pedagogic practices (max. 350 words)
Additional information or relevant hyperlinks you might want to add (Max. 10 lines)

Notes:

Submissions will be accepted only from participants in India, as attachments in .doc, .docx or .odt formats at locatingInternets@cis-india.org
Submissions made beyond 26th July 2011 may not be considered for participation.
Submissions will be scrutinized by the organisers and selected participants will be informed by the 30th July 2011, about their participation.
Selected participants will be required to make their own travel arrangements to the workshop. A 2nd A.C. train return fare will be reimbursed to the participants. Shared accommodation and selected meals will be provided at the workshop.
A limited number of air-fare reimbursements will be available to participants in extraordinary circumstances. All travel support is only available for domestic travel in the country.

Chairs: Nishant Shah, Director-Research, Centre for Internet and Society Bangalore;

Pratyush Shankar, Associate Professor & Head of Undergraduate Program, Faculty of Architecture, CEPT University

Supported by: Kusuma Foundation, Hyderabad

Experts:Anja Kovacs, Arun Menon, Asha Achuthan, Ashish Rajadhykasha, Aparna Balachandran, Namita Malhotra, Nithin Manayath, Nithya Vasudevan, Pratyush Shankar, Rochelle Pinto and Zainab Bawa

For more details visit https://cis-india.org/research/conferences/conference-blogs/workshop

Open Government Data Study

pranesh — 2015-09-03T08:08:22Z

CIS produced a report on the state of open government data in India, looking at policy, infrastructure, and particular case studies, as well as emerging concerns, future strategies and recommendations. The report is authored by Glover Wright, Pranesh Prakash, Sunil Abraham, and Nishant Shah. We are grateful to the Transparency and Accountability Initiative for providing generous funding for this report.

Cross-posted from the Transparency and Accountability Initiative website.

Open Government Data Study: India

India provides one of the most fascinating examples of the use of open government data in a developing country context. It has one of the best right to information laws in the world and the government’s approach to open data builds on this legacy of making open data relevant to Indian citizens. An estimated 456 million Indians live on less than $1.25 a day and a key issue for India, and other developing countries, is how open data can be accessible to them.

This paper reviews the progress being made towards open government data in India. Using case studies, it examines some of the pressing challenges facing the adoption of OGD in India. These include infrastructural problems, privacy concerns and the power imbalances that improved transparency can unwittingly create. It also examines government attitudes towards open data and related policies and reviews the relationships between open government data, the media and civil society.

The authors argue that the Indian Government’s responsibility should not stop short at just providing information, but also extend to making it available and accessible in a way that facilitates analysis and enhances offline usability – and ultimately makes it accessible to the poorest.

The paper concludes by suggesting technical and policy strategies to develop, promote, implement and maintain a robust open government data policy in India.

Download the report [PDF, 1.03 MB]

For more details visit https://cis-india.org/openness/blog-old/open-government-data-study

Rebuttal of DIT's Misleading Statements on New Internet Rules

pranesh — 2012-07-11T13:18:04Z

The press statement issued on May 11 by the Department of Information Technology (DIT) on the furore over the newly-issued rules on 'intermediary due diligence' is misleading and is, in places, plainly false. We are presenting a point-by-point rebuttal of the DIT's claims.

In its press release on Wednesday, May 11, 2011, the DIT stated:

The attention of Government has been drawn to news items in a section of media on certain aspects of the Rules notified under Section 79 pertaining to liability of intermediaries under the Information Technology Act, 2000. These items have raised two broad issues. One is that words used in Rules for objectionable content are broad and could be interpreted subjectively. Secondly, there is an apprehension that the Rules enable the Government to regulate content in a highly subjective and possibly arbitrary manner.

There are actually more issues than merely "subjective interpretation" and "arbitrary governmental regulation".

The Indian Constitution limits how much the government can regulate citizens’ fundamental right to freedom of speech and expression. Any measure afoul of the constitution is invalid.
Several portions of the rules are beyond the limited powers that Parliament had granted the Department of IT to create interpretive rules under the Information Technology Act. Parliament directed the Government to merely define what “due diligence” requirements an intermediary would have to follow in order to claim the qualified protection against liability that Section 79 of the Information Technology Act provides; these current rules have gone dangerously far beyond that, by framing rules that insist that intermediaries, without investigation, has to remove content within 36-hours of receipt of a complaint, keep records of a users' details and provide them to law enforcement officials.

The Department of Information Technology (DIT), Ministry of Communications & IT has clarified that the Intermediaries Guidelines Rules, 2011 prescribe that due diligence need to be observed by the Intermediaries to enjoy exemption from liability for hosting any third party information under Section 79 of the Information Technology Act, 2000. These due diligence practices are the best practices followed internationally by well-known mega corporations operating on the Internet. The terms specified in the Rules are in accordance with the terms used by most of the Intermediaries as part of their existing practices, policies and terms of service which they have published on their website.

We are not aware of any country that actually goes to the extent of deciding what Internet-wide ‘best practices’ are and actually converting those ‘best practices’ into law by prescribing a universal terms of service that all Internet services, websites, and products should enforce.
The Rules require all intermediaries to include the government-prescribed terms in an agreement, no matter what services they provide. It is one thing for a company to choose the terms of its terms of service agreement, and completely another for the government to dictate those terms of service. As long as the terms of service of an intermediary are not unlawful or bring up issues of users’ rights (such as the right to privacy), there is no reason for the government to jump in and dictate what the terms of service should or should not be.
The DIT has not offered any proof to back up its assertion that 'most' intermediaries already have such terms. Google, a ‘mega corporation’ which is an intermediary, does not have such an overarching policy. Indiatimes, another ‘mega corporation’ intermediary, does not either. Just because a company like Rediff and Blizzard's World of Warcraft have some of those terms does not mean a) that they should have all of those terms, nor that b) everyone else should as well.

In attempting to take different terms of service from different Internet services and products—the very fact of which indicate the differing needs felt across varying online communities—the Department has put in place a one-size-fits-all approach. How can this be possible on the Internet, when we wouldn't regulate the post-office and a book publisher under the same rules of liability for, say, defamatory speech.
There is also a significant difference between the effect of those terms of service and that of these Rules. An intermediary-framed terms of service suggest that the intermediary may investigate and boot someone off a service for violation, while the Rules insist that the intermediary simply has to mandatorily remove content, keep records of users' details and provide them to law enforcement officials, else be subject to crippling legal liability.

So to equate the effect of these Rules to merely following ‘existing practices’ is plainly wrong. An intermediary—like the CIS website—should have the freedom to choose not to have terms of service agreements. We now don’t.“In case any issue arises concerning the interpretation of the terms used by the Intermediary, which is not agreed to by the user or affected person, the same can only be adjudicated by a Court of Law. The Government or any of its agencies have no power to intervene or even interpret. DIT has reiterated that there is no intention of the Government to acquire regulatory jurisdiction over content under these Rules. It has categorically said that these rules do not provide for any regulation or control of content by the Government.”

The Rules are based on the presumption that all complaints (and resultant mandatory taking down of the content) are correct, and that the incorrectness of the take-downs can be disputed in court. Why not just invert that, and presume that all complaints need to be proven first, and the correctness of the complaints (instead of the take-downs) be disputed in court?

Indeed, the courts have insisted that presumption of validity is the only constitutional way of dealing with speech. (See, for instance, Karthikeyan R. v. Union of India, a 2010 Madras High Court judgment.)

Further, only constitutional courts (namely High Courts and the Supreme Court) can go into the question of the validity of a law. Other courts have to apply the law, even if it the judge believes it is constitutionally invalid. So, most courts will be forced to apply this law of highly questionable constitutionality until a High Court or the Supreme Court strikes it down.

What the Department has in fact done is to explicitly open up the floodgates for increased liability claims and litigation - which runs exactly counter to the purpose behind the amendment of Section 79 by Parliament in 2008.

“The Government adopted a very transparent process for formulation of the Rules under the Information Technology Act. The draft Rules were published on the Department of Information Technology website for comments and were widely covered by the media. None of the Industry Associations and other stakeholders objected to the formulation which is now being cited in some section of media.”

This is a blatant lie.

Civil society voices, including CIS, Software Freedom Law Centre, and individual experts (such as the lawyer and published author Apar Gupta) sent in comments. Companies such as Google, E2E Networks, and others had apparently raised concerns as well. The press has published many a cautionary note, including editorials, op-ed and articles in the Hindu, the Hoot, Medianama.com, and Kafila.com, well before the new rules were notified. We at CIS even received a 'read notification' from the email account of the Group Coordinator of the DIT’s Cyber Laws Division—Dr. Gulshan Rai—on Thursday, March 3, 2011 at 12:04 PM (we had sent the mail to Dr. Rai on Monday, February 28, 2011). We never received any acknowledgement, though, not even after we made an express request for acknowledgement (and an offer to meet them in person to explain our concerns) on Tuesday, April 5, 2011 in an e-mail sent to Mr. Prafulla Kumar and Dr. Gulshan Rai of DIT.

The process can hardly be called 'transparent' when the replies received from 'industry associations and other stakeholders' have not been made public by the DIT. Those comments which are public all indicate that serious concerns were raised as to the constitutionality of the Rules.

The Government has been forward looking to create a conducive environment for the Internet medium to catapult itself onto a different plane with the evolution of the Internet. The Government remains fully committed to freedom of speech and expression and the citizen’s rights in this regard.

The DIT has limited this statement to the rules on intermediary due diligence, and has not spoken about the controversial new rules that stifle cybercafes, and restrict users' privacy and freedom to receive information.

If the government is serious about creating a conducive environment for innovation, privacy and free expression on the Internet, then it wouldn’t be passing Rules that curb down on them, and it definitely will not be doing so in such a non-transparent fashion.

For more details visit https://cis-india.org/internet-governance/blog/rebuttal-dit-press-release-intermediaries

Critical Point of View: A Wikipedia Reader

praskrishna — 2011-05-13T07:24:16Z

For millions of internet users around the globe, the search for new knowledge begins with Wikipedia. The encyclopedia’s rapid rise, novel organization, and freely offered content have been marveled at and denounced by a host of commentators. Critical Point of View moves beyond unflagging praise, well-worn facts, and questions about its reliability and accuracy, to unveil the complex, messy, and controversial realities of a distributed knowledge platform.

The essays, interviews and artworks brought together in this reader form part of the overarching Critical Point of View research initiative, which began with a conference in Bangalore (January 2010), followed by events in Amsterdam (March 2010) and Leipzig (September 2010). With an emphasis on theoretical reflection, cultural difference and indeed, critique, contributions to this collection ask: What values are embedded in Wikipedia’s software? On what basis are Wikipedia’s claims to neutrality made? How can Wikipedia give voice to those outside the Western tradition of Enlightenment, or even its own administrative hierarchies? Critical Point of View collects original insights on the next generation of wiki-related research, from radical artistic interventions and the significant role of bots to hidden trajectories of encyclopedic knowledge and the politics of agency and exclusion.

Contributors: Amila Akdag Salah, Nicholas Carr, Shun-ling Chen, Florian Cramer, Morgan Currie, Edgar Enyedy, Andrew Famiglietti, Heather Ford, Mayo Fuster Morell, Cheng Gao, R. Stuart Geiger, Mark Graham, Gautam John, Dror Kamir, Peter B. Kaufman, Scott Kildall, Lawrence Liang, Patrick Lichty, Geert Lovink, Hans Varghese Mathews, Johanna Niesyto, Matheiu O’Neil, Dan O’Sullivan, Joseph Reagle, Andrea Scharnhorst, Alan Shapiro, Christian Stegbauer, Nathaniel Stern, Krzystztof Suchecki, Nathaniel Tkacz, Maja van der Velden

Colophon: Editors: Geert Lovink and Nathaniel Tkacz. Editorial Assistance: Ivy Roberts and Morgan Currie. Copy-Editing: Cielo Lutino. Design: Katja van Stiphout. Cover Image: Ayumi Higuchi. Priner: Ten Klei, Amsterdam. Publisher: Institute of Network Cultures, Amsterdam. Supported by: The School for Communication and Design at the Amsterdam University of Applied Sciences (Hogeschool van Amsterdam DMCI), the Centre for Internet and Society (CIS) in Bangalore and the Kusuma Trust.

Download the pdf for free here
To order a hard copy of the reader, send an email: books@networkcultures.org

Geert Lovink and Nathaniel Tkacz (eds), Critical Point of View: A Wikpedia Reader, Amsterdam: Institute of Network Cultures, 2011. ISBN: 978-90-78146-13-1, paperback, 385 pages.

For more details visit https://cis-india.org/research/conferences/conference-blogs/wikipedia-reader

DIT's Response to RTI on Website Blocking

pranesh — 2011-08-02T07:13:47Z

For the first time in India, we have a list of websites that are blocked by order of the Indian government. This data was received from the Department of Information Technology in response to an RTI that CIS filed. Pranesh Prakash of CIS analyzes the implications of these blocks, as well as the shortcomings of the DIT's response.

Quick Analysis of DIT's Response to the RTI

Blocked websites

The eleven websites that the DIT acknowledges are blocked in India are:

Of the eleven blocked websites, one was still accessible on a Tata Communications DSL connection. Two of the blocked websites are grassroots news organizations connected to the Independent Media Centre: IndyBay (San Francisco Bay Area IMC) and the Arizona Indymedia website. The Bloggernews.net page that is on the blocked list is in fact an article by N. Vijayashankar (Naavi) from March 12, 2010 titled "Is E2 labs right in getting zone-h.org blocked?", criticising the judicial blocking of Zone-H.org by E2 Labs (with E2 Labs being represented by lawyer Pawan Duggal). The Zone-H.org case is still going through the judicial motions in the District Court of Delhi, but E2 Labs managed to get an ex parte (i.e., without Zone-H being heard) interim order from the judge asking Designated Officer (Mr. Gulshan Rai of DIT) to block access to Zone-H.org.

As has happened in the past, the government (or the court) accidentally ordered the blocking of all of website host webs.com, instead of blocking only http://donotdial100.webs.com (which subdomain apparently hosted 'defamatory' and 'abusive' information about mafia links within the Maharashtra police and political circles).

It is interesting to note that for most of the websites on most ISPs one gets a 'request timed out' error while trying to access the blocked websites, and not a sign saying: "site blocked for XYZ reason on request dated DD-MM-YYYY received from the DIT". On Reliance broadband connections, for some of the above websites an error message appears, which states: "This site has been blocked as per instructions from Department of Telecom".

Judicial blocking

As per the response of the government, all eleven seem to have been blocked on orders received from the judiciary. While they don't state this directly, this is the conclusion one is led to since the Department admits to blocking eleven websites and also notes that there have been eleven requests for blocking from the judiciary. Normally the judiciary is often thought of as a check on the executive's penchant for banning (seen especially in the recent book banning cases in Maharashtra, for instance, where the Bombay High Court has overturned most of the government's banning orders). However, in these cases the ill-informed lower judiciary seem to be manipulated by lawyers to suppress freedom of speech and expression, even going to the extent of blocking grassroots activist news organizations like the Independent Media Centre.

Websites not blocked by DIT

The DIT also notes that the blocks on Typepad.com was not authorized by it (nor, according to the RTI response received by Nikhil Pahwa of Medianama was the Mobango.com block authorised by the DIT). Typepad.com, Mobango.com, and Clickatell.com don't seem to be blocked currently. However, as was reported by Medianama, for a while when they were being blocked, some sites and ISPs (such as Typepad.com on Bharti Airtel DSL) showed a message stating that the website was blocked on request from the Department of Telecom, which we don't believe has the authority to order blocking of websites. While we still await a response from the Department of Telecom to the RTI we filed with them on this topic, in a letter to the Hindu, the Department of Telecom has clarified that it did not order any block on Typepad.com or any of the other websites. This leaves us unsure as to who ordered these blocks. Further, it points out a lacuna in our information policy that ISPs can suo motu block websites without justifications (such as violation of terms of use), proper notice to customers, or any kind of repercussions for wrongful blocking.

Insufficient information on Committee for Examination of Requests

All requests for websites blocking (except those directly from the judiciary) must be vetted by the Committee for Examination of Requests (CER) under Rule 8(4) of the Rules under s.69A of the IT Act. Given that the DIT admits that the Designated Officer (who carries out the blocking) has received 21 requests to date, there should be at least 21 recommendations of the CER. However, the DIT has not provided us with the details of those 21 requests and the 21 recommendations. We are filing another RTI to uncover this information.

Text of the DIT's Response

Government of India
Ministry of Communications & Information Technology
Department of Information Technology
Electronics Niketan, 6 CGO Complex,
New Delhi-110003

No : 14(3)/2011-ESD

Shri Pranesh Prakash
Centre for Internet and Society
194, 2-C Cross,
Domulur Stage II,
Bangalore- 560071.

Subject: Request for information under RTI Act,

Sir,
Reference your request dated 28lh February 2011 on the above subject.
The point wise information as received from the custodian of Information is enclosed for your reference and records.

sd/-
(A.K.Kaushik)
Additional Director & CPIO
Tel: 011-24364803

Subject : RTI on website blocking requested by Shri Pranesh Prakash

(i) Did the Department order Airtel to block TypePad under S.69A of the Information Technology Act ("IT Act"), 2000 read with the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 ("Rules") or any other law for the time being in force? If so, please provide a copy of such order or orders. If not, what action, if at all, has been taken by the Department against Airtel for blocking of websites in contravention of S.69A of the IT Act?

Reply - This Department did not order Airtel to block the said site.

(ii) Has the Department ever ordered a block under s.69A of the IT Act? If so, what was the information that was ordered to be blocked?

Reply - The Department has issued directions for blocking under section 69A for the following websites:
(a) www.zone-h.org.
(b) http://donotdial100.webs.com (IP 216.52.115.50)
(c) www.bloggernews.net/124029
(d) http://www.google.co.in/#h 1 =en&source=hp& biw=1276&bih=843&=dr+babasaheb+ambedkar+ wallpaper&aq=4&aqi=g10&aql =&oq=dr+ babas& gs_rfai=&fp=e791 fe993fa412ba
(e) http://www.cinemahd.net/desktop-enhancements/wallpaper/23945- wallpapers-beautiful-girl-wallpaper.html
(f) http://www.chakpak.com/find/images/ kamasutra-hindi-movie
(g) http://www.submitlink.khatana.net/2010/09/jennifer-stano-is-engaged- to.html
(h) http://www.result.khatana.net/2010/11/im-no-panty-girl-yana-gupta- wardrobe.html.
(i) http://www.facebook.com/pages/l-Hate-Ambedkar/172025102828076
(j) www.indybay.org
(k) www.arizona.indymedia.org

(iii) How many requests for blocking of information has the Designated Officer received, and how many of those requests have been accepted and how many rejected? How many of those requests were for emergency blocking under Rule 9 of the Rules?

Reply - Designated Officer received 21 request for blocking of information. 11 websites have been blocked on the basis of orders received from court of law. One request has been rejected. For other requests, additional input/information has been sought from the Nodal Officer.

No request for emergency blocking under rule 9 of the Rules have been received.

(iv) Please provide use the present composition of the Committee for Examination of Requests constituted under Rule 7 of the Rules.

Reply - The present composition of the Committee is :
(a) Designated Officer (Group Coordinator - Cyber Law)
(b) Joint Secretary, Ministry of Home Affairs
(c) Joint Secretary, Ministry of Information and Broadcasting
(d) Additional Secretary and Ministry of Law & Justice
(e) Senior Director, Indian Computer Emergency Response Team

(v) Please provide us the dates and copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules, and copies of their recommendations.

Reply - The Committee had met on 24-08-2010 with respect to request for blocking of website www.betfair.com.

(vi) Please provide us the present composition of the Review Committee constituted under rule 419A of the Indian Telegraph Rules, 1951.
(vii) Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules, and copies of all orders issued by the Review Committee.

Reply - This Department do not have details for above. The said information may be available with Department of Telecommunications.

For more details visit https://cis-india.org/internet-governance/blog/rti-response-dit-blocking

'Privacy Matters', Ahmedabad: Conference Report

praskrishna — 2011-04-04T04:45:49Z

On 26 March 2011, civil society, lawyers, judges, students and NGO’s, gathered together at the Ahmedabad Management Association to take part in 'Privacy Matters' – a public conference organised by Privacy India in partnership with IDRC and Research Foundation for Governance in India (RFGI) — to discuss the challenges of privacy in India, with an emphasis on national security and privacy. The conference was opened by Prashant Iyengar, head researcher at Privacy India and Kanan Drhu, director of RFGI. Mr. Iyengar explained Privacy India’s mandate to raise awareness of privacy, spark civil action, and promote democratic dialogue around privacy challenges and violations in India. RFGI is a think tank established in 2009 which aims to research, promote, and implement various reforms to improve the legal and political process in Gujarat and across India. ‘Privacy Matters – Ahmedabad’ is the third conference out of the eight that Privacy India will be hosting across India. The next conference will take place in Hyderabad on 9 April 2011. It will focus on human rights and privacy.

The keynote speech, delivered by Usha Ramanathan, focused on links not often made between privacy and social phenomenon.

Ms. Usha Ramanathan opened the conference by examining the links not often made between privacy and personal security, between databases and national security, and the centrality of dislodging privacy in projects of social control. In her presentation she spoke about the inverse relationship between national and personal security, making the point that an important part of privacy is the ability of an individual to secure their own person. Today, because national security follows a policy of ubiquitous surveillance, it is almost impossible for an individual to secure their person from the state. Ms. Ramanathan also traced the beginnings of ubiquitous surveillance to the increasing global fear of terrorism, and the national break down of the criminal justice system in India. Instead of looking to the roots of terrorism and the roots of failure in the criminal justice system, the Indian State has responded to both these factors by superimposing a system of surveillance on top of the existing rule. Consequently, the state has become pan-optical — closely following the movement of its entire population. The state has been able to achieve this level of surveillance through technology, which it has used to create identifiers for its population. The use of technology by the state mediates a link between corporate interest and state interest. Thus, by facilitating the easy and ubiquitous creation of identifiers and surveillance, technology is changing the idea and the nature of privacy. For example, it is now important that a privacy law allows for individuals to protect and secure their identity, something that every individual has and every individual controls, while regulating the creation and external use of identifiers — something that is used by another (not you) to distinguish a person from the rest of the population.

Questions to Consider

How can privacy legislation work to positively regulate the use of technology by the government, so that invasion of privacy does not consequently become state policy?

How can privacy legislation distinguish between and work to protect an identity while regulating the creation and use of personal information as identifiers?

Session I of the Conference featured a Judicial Perspective of Privacy and a Presentation on the Connections between Privacy and the Federal Income Tax Regime in India.

Privacy and the Constitution

J N Bhatt, the former Chief Justice of Gujarat and Bihar, and currently the head of the Gujarat State Law Commission, spoke about privacy as a fundamental right that has been written into articles 19 and 21 of the Constitution of India. Important points from his presentation include:

As privacy is already a recognized fundamental right, the question at hand is not if there is a right to privacy, but instead how can the right to privacy be best proliferated.

Within the question of how a privacy can best be proliferated, is a question about rights and duties. Wherever there is a right to privacy there is also a corresponding duty to privacy — as rights and duties are interdependent.

Though privacy has been recognized as a fundamental right in India, when looking at the actual assertion of the right, it is important to be aware of the cultural realities of India. India is a country with 39 per cent of her population living below the poverty line, with an even lower literacy rate, and there is a direct connection between the assertion of civil liberties, an individual’s civic sense, and education.

When looking at how to best proliferate the right to privacy, governance and common law, a methodology to reach the poorest of the poor should be laid out first.

Questions to Consider

What is the best way to proliferate the right to privacy ?

What legal structures need to be in place to ensure that the poor can assert their right to privacy?
What social structures need to be in place to ensure that the poor can assert their right to privacy?

Privacy and the Indian Tax Regime

Professor Amal Dhru, visiting professor from the Indian Institute of Management, Ahmedabad and a practicing Chartered Accountant spoke on the connections between privacy and the federal income tax regime in India. In his presentation he explained how the information collected by the federal income tax regime in India can be both useful in holding a citizen accountable, and invasive of one’s personal privacy if mis-used. Important points from his presentation include:

The Indian tax regime highlights the tension between public interest as tax evasion is considered an exception to the right to privacy as it is a matter of public interest.

There is a lack of confidence in the existing banking and tax system in India. For example in the business sector, Indian investors have deposited over 700 billion dollars abroad as they are given complete privacy and security over their money.

Though there is a lack of confidence in the current banking and tax system, a tighter law is not necessarily the solution. For example, studies have found that tighter tax regimes lead to greater evasion, while looser tax regimes have higher compliance rates.

On April 1, 2011 the new tax codes for India will be implemented. The reform will give enormous power to tax offices, and as the tax authorities will become equipped to do taxes smarter – this will come at a cost to citizen’s privacy.

Questions to Consider

Just as a tighter tax law leads to a higher percentage of tax evasion, will a tight privacy law simply lead to greater numbers of privacy violations?

What creates public confidence in a law?

Should a privacy legislation be responsible for defining the public good?

Should privacy protection of tax-related information be incorporated into a privacy legislation or contained only in tax law?

To what extent should tax authorities be allowed to investigate potential tax evasion i.e., one’s computer, house or e-mail?

How does one balance the private vs. the public good?

Session II of the Conference focused on National Security and Privacy, and Cultural Conceptions of Privacy

National Security and Privacy

In the second session on Privacy and National Security, Colonel Mathew Thomas spoke on privacy and national security. Colonel Thomas is a management consultant and activity leader for development centers and has held top positions in the Indian Army, and the Defence Research and Development Organisation, where he headed the missile manufacturing facility. Sharing his personal experiences in the army he explained the connection between privacy and national security. Important points from his presentation include:

National Security is often not an internal threat, but instead an external threat.

There is a connection between the increase in surveillance and liberalization of Government.

More surveillance does not bring more security.

Foreign software poses as a threat to national security.

Greater security is gained through intelligent use and analysis of data.

A strong national security plan should not rely solely on surveillance of its citizens. Instead national security should be brought about through strong economic policies, non-reliance on foreign software, neutrality in foreign policy, fair trade policies, rural development and prevention of migration to cities, and having a politically honest and accountable governance.

Questions to Consider

Is it effective for privacy to be compromised in the name of anti- terror laws?
Can the development and distribution of indigenous software protect national privacy?
How can strong economic policies indirectly protect an individual's privacy?
How can a strong foreign policy protect an Indian citizen's privacy when it is stored or sent abroad?

Privacy as a Cultural Construct

Gagan Sethi from the Centre for Social Justice, Ahmedabad shared his opinion on privacy. Important points from his presentation include:

Privacy is a cultural construct that changes with context, perspective, and time.
When considering a privacy policy it is important to create a policy that does not strictly define what privacy is and what it is not, but instead create a policy that defines and promotes a common respect for human dignity.

Questions to Consider

If a privacy policy is developed to promote a common respect for human dignity – will it be effective?

Can you develop a policy that has a loose definition and mandate, but has strong legal teeth?

Session III of the Conference focused on Minority Identities and Privacy, Prisoner Rights, and Cyber Security.

Privacy and Minority Identities

Bobby Kuhnu, a lawyer and activist, presented in the third session on Privacy, Minority Identities, and Security. In his talk Mr. Kuhnu through the use of three examples examined the ideological underpinnings of the discourse on privacy and its bearings on socially marginalized identities in the context of the Indian State and the constitutional right to privacy. Important points from his presentation include:

In India, names can be sensitive and personal information like one’s religion, family, caste, and background can all be known through a name.
Because of the sensitivity of a person’s name, many people do not feel safe or comfortable in their own identity.
Reservation lists and public postings of information, can and have been used to discriminate and violate another’s privacy.

Questions to Consider

Should a privacy legislation requirement throughout institutions and government bodies that names should not be publicly displayed to the point of identification?
What is the most effective way of legally protecting an individual from discrimination based on their name?

Perspectives of Privacy

In the last portion of the day, Yash Sampat and Aditya Yagnik spoke on the origins of privacy and privacy in the cyber world. Vimmi Surti spoke on prisoner's rights and privacy and Ramswaroop Chaudhary presented on minority identities in South Asia and privacy. Important points from their presentation include:

Internet has led to an increase in privacy violations.
The result of privacy infringements is often the deprivation of individuals from safe access to services availed to them.
When looking at privacy as the protection of human dignity, prisoner’s rights are violated through overcrowding in prisons, poor health, and poor sanitation.

Questions to Consider

Are there legal mechanisms that can be put in place to ensure the least amount of deprivation to services when an individual’s privacy is invaded?

To what extent should prisoners be availed the right to privacy?

The concluding session was a time for discussion and opinion sharing

From the closing session, and the above sessions many themes and questions pertaining to privacy came out that will need to be addressed when considering the way forward for a privacy legislation including:

Regulation of ubiquitous surveillance in the name of national security
Regulation over public display of names and personal information
The need to distinguish between identity and identifier.
The need to protect an individual's identity while regulating the production and use of identifiers.
Privacy rights and prisoners: what does the right to privacy mean to a prisoner, i.e., clean facilities and health care.
Can the right to privacy be a platform for individuals to claim sanitary/safe working and living conditions.
Recognize the changing nature of privacy rights in a technological society.
Privacy implications of biometric usage.
Creation of a definition of when privacy rights will supersede identification needs.
How can government institutions, like the tax department, incorporate and protect the right to privacy with the collection of large amounts of data for more efficient services.
Privacy and the family

Download the report and agenda here [pdf - 452kb]

Also see Matthew's presentation [powerpoint file 116kb]

For more details visit https://cis-india.org/internet-governance/blog/privacy/privacy-matters-report-from-ahmedabad

India's untapped potential: Are a billion people losing out because of spectrum?

Shyam Ponappa — 2012-12-14T10:31:43Z

As one of the world’s fastest growing economies and with over 65% of its billion-plus population under 35, India has huge potential. But according to Shyam Ponappa of the Centre for Internet & Society, its spectrum management – the electromagnetic waves that are used from home appliances like microwaves and remote controls, to radios, cell phones, and of course, the internet – could be a huge barrier to the country’s economic and social development.

Until the global economic downturn that began about two years ago, the economic model for spectrum distribution in India and many developing countries was based on the free market. But Ponappa demonstrates in a new report for APC that spectrum is worth treating as a public utility the way we do roads, electricity and other basic infrastructure, which would allow for people in rural areas to access spectrum-dependant services like mobile phones and wifi and increase quality of services for all.

Currently in India, as in most other countries, spectrum is being treated as a property, where “chunks” of spectrum are sold to the mobile phone and telecommunications operators with the highest bid. Commonly there are 3 – 4 operators in a developed country; however, in India there are up to sixteen. The extreme competition has resulted in the Indian bidders paying outrageous fees that they are never able to recuperate. So while the government makes a profit on the sale, this profit comes at a societal cost.

Ponappa proposes pooling spectrum and to have a set of network providers, who in turn serve operators for retail users. This effectively opens up the spectrum and could make costs ten or fifteen times cheaper than they are now.

“It is appropriate to push the concept of open spectrum in developed markets who underwent their development phase some 60 – 100 years ago and put in place basic infrastructure systems. But in countries like India and the Asian sub-continent, it does not make sense to do this because we are not at the same stage of economic development,” Ponappa told APCNews.

“When markets are well structured and organised,” he continues, “[government control] can be less effective and efficient for society as a whole, compared with open competition. However developing economies don’t have the integrated systems in place that advanced economies do. India does not have an adequately developed network of copper, optical fibre or microwaves covering most of its population. And we are at a stage of development at which infrastructure is a fundamental determinant of productivity, as well as of a reasonable quality of life.”

Ponappa argues that in India’s case it would be advisable for governments to work with other stakeholders – corporations, state-owned agencies, and civil society – on a collaborative solution. “It would be much more conducive to a sound economy to have either the government step in and open up the commercial spectrum, or to have two to three main operators (possibly subsidised, but not necessarily) as we do with the provision of utilities,” he says. Yet, the free market mentality continues to reign, and a surfeit of operators is trying to make a profit in the telecommunications wireless sector.

Everybody wants a piece of the pie

In India, every operator is assigned a sliver of spectrum for their exclusive use and the rest is assigned to the government, the public sector and defence.

The result is high-cost infrastructure for operators (setting up networks with multiple sets of more advanced equipment because of the limited spectrum, with the capital constraints resulting in less extensive networks in rural areas) as well as for users (who have to pay for all this equipment).

“Too many operators make for increased capital costs for each operator, and cumulatively for all operators,” Ponappa explains.

And these higher costs are increasingly difficult to recover from consumer-generated revenue, as India undergoes huge price wars. Many operators may eventually go bankrupt. While no consumers ever complain about low costs –and India has some of the world’s lowest mobile rates– they will complain about poor quality and unreliable service. Consequently, consumers may not have to pay much to use mobile services, but they may not always be able to make or receive calls when they need to, and do not have access to broadband.

While most countries have moved on to 3G networks (which has more capacity for a given spectrum band than 2G, meaning better call quality) as many as four of India’s sixteen operators have not even developed their 2G networks. Making the switch to 3G seems like a good idea, but there are substantial costs associated with deploying these more advanced techniques to both operators (for network upgrades) and for end users (in terms of new handsets).

Too much competition in this case has made operators inefficient.

Spectrum as a national common good

If spectrum were treated as if it were a public utility, posits Ponappa, each operator would have access to a bigger chunk of spectrum, and the traffic-handling capacity of each would increase at a lower cost.

“With the current model the capacity of networks is suffering because networks cannot afford to expand or make technical improvements without economic losses. Other infrastructure services such as electricity and water supply are managed by utility companies, which are typically monopolies for a product-segment, or duopolies for purposes of competition. So why not treat spectrum the same way?” suggests Ponappa.

Ponappa suggests treating networks, and spectrum as a part of networks, as we would an oil pipeline, where everyone accesses the same one, and pays a fee for its use.

This would bring more people onto the network and increase revenues, since operating costs would be shared. The more revenue it can generate, the more efficient operators will be, using the same high-capacity circuits. The more revenue the main operators have, the more they could invest in up-to-date technology to extend their networks and provide a better service to clients. The better the technology, the more people could access the internet and other now vital sources of information, as well as focus on broadband and infrastructure to the country’s isolated rural areas, which today have rudimentary communications infrastructure.

India’s rural populations, the lost resource

As a predominantly rural country, lack of basic IT infrastructure means that the largest segment of India’s population has no access to information and communications technologies.

Ponappa grew up on a farm in a rural area some 200 km from Bangalore where even fixed line phone networks were unreliable. “We have multiple telephone lines because we never know which one will work,” he says.

Given India’s massive rural population, this means that there are hundreds of millions of people that are unable to access the internet. Services like quality distance education are not even an option if basic infrastructure such as fixed telephone lines is not in place and the country itself is losing out on the incalculable potential of this untapped human resource.

Download the report here [pdf - 280 kb]

See the report in the APC website

This article was written as part of the APC’s project work on Spectrum for development, an initiative that aims to provide an understanding of spectrum regulation by examining the situation in Africa, Asia and Latin America.

Photo by kiwanja. Used with permission under Creative Content licensing.

For more details visit https://cis-india.org/telecom/blog/untapped-potential

Google Policy Fellowship Program: Asia Chapter

praskrishna — 2011-08-02T07:34:24Z

For the ardent followers of free and open Internet and for those who love to debate on technology, media law and Internet-related policy issues, there is some good news. The Centre for Internet and Society, India is conducting a Google Policy Fellowship program this summer!

Offered for the first time in Asia Pacific, the Google Policy Fellowship offers successful applicants the opportunity to develop research and debate on issues relating to freedom of expression for a minimum of ten weeks from June to August 2011. The applicants will be selected in Australia, India and Hong Kong respectively.

The Centre for Internet and Society will select the India Fellow, and is accepting applications for the position before March 27, 2011. Google is providing a USD 7,500 stipend to the India Fellow, who will be selected by April 18, 2011.

To apply, please send to google.fellowship@cis-india.org the following materials:

Statement of Purpose: A brief write-up outlining about your interest and qualifications for the programme including the relevant academic, professional and extracurricular experiences. As part of the write-up, also explain on what you hope to gain from participation in the programme and what research work concerning free expression online you would like to further through this programme. (About 1200 words max).
Resume
Three references

More information about the focus of the work that the Google Policy Fellow will take on is described below1. More information about the Google Policy Fellowship program is available in the FAQ2.

Research Agenda Outline

The research proposals, and the fellowship itself, are to be anchored in the reality of the growing threat to civil liberties in cyberspace, with the consequent curbs on free expression that arise. The aim of the research is to chart out a comprehensive map of the legal and policy frameworks relating to free expression within the Asia-Pacific region and also examine people’s attitudes and ground-level movements relating to the same. This second component will necessarily involve some amount of empirical research: the fellows across different regions (for 2011, there will be fellows from India, Australia and Hong Kong) will be expected to use a survey on similar lines, so that the results could be adequately contrasted.

The research would involve but not necessarily be limited to the following areas:

Understanding Dissent

This component would involve looking at how dissent is negotiated in the region by the legal system and the ways in which governments seek to stifle and control online dissent. Specific points of interrogation would include:

The extent to which the constitution and other laws in the region protect freedom of expression and the extent to which they are enforced.
Judicial decisions relating to free expression, censorship and dissent. Have they examined how speech and other activities on the Internet should be afforded free speech protection?
The kind of material deemed objectionable and subject to censorship and/or penalization.
The kind of penalties placed on writers, commentators and bloggers for posting objectionable materials on the Internet.
Understanding the economic environment in which free expression operates: chains of media ownership, state restrictions on the means of journalistic production and distribution, and the levels of state control through allocation of advertising or subsidies would be part of this question.
Further, what are the laws relating to encryption and telecom security, as well as to intermediary liability, and how do they affect free expression?

Understanding Free Expression

To be examined here is the question of how freedom of expression is perceived by people. What is the extent to which people believe the right is available to them — as balanced by conceivably conflicting rights such as privacy?

One part of proceeding on this would be to track a set of activist bloggers, gauging their take on various issues.
Another part would include tracking public opinion through comments pages on articles relating to free speech issues; taking a survey or coordinating focus group research. However, this is by no means the most reliable way to gauge the same and is, in particular, one area that will require an appropriate methodology to be developed by the fellows in consultation with the partner organizations.

Both these components are essential in being able to proceed with the third aspect, mentioned below.

Understanding and Facilitating Movements

This final aspect will involve looking at how free expression advocates come together, or fail to do so.

Is there a defined activist community in the region?
If not, what are the possible reasons behind failure of collaboration or organization? Have there been attempts towards the same?

Frequently Asked Questions

What is the Google Policy Fellowship program?

The Google Policy Fellowship program offers students interested in Internet and technology related policy issues with an opportunity to spend their summer working on these issues at the Centre for Internet and Society at Bangalore. Students will work for a period of ten weeks starting from June 2011. The research agenda for the program is based on legal and policy frameworks in the region connected to the ground-level perception of free expression.
Applications for the Fellowship should carry these:

Statement of Purpose: A brief write-up outlining about your interest and qualifications for the programme including the relevant academic, professional and extracurricular experiences. As part of the write-up, also explain on what you hope to gain from participation in the programme and what research work concerning free expression online you would like to further through this programme. (About 1200 words max).
Resume
Three references

Important Dates
What is the program timeline?

March 27, 2011:	Student application deadline; applications must be received by midnight 00:00 GMT.
April 18, 2011:	Student applicants are notified of the status of their applications.
June 2011:	Students begin their fellowship with the host organization (start date to be determined by students and the host organization); Google issues initial student stipends.
July 2011:	Mid-term evaluations; Google issues mid-term stipends.
August 2011:	Final evaluations; Google issues final stipends.

EligibilityI am an International student can I apply and participate in the program?

Are there any age restrictions on participating?

Yes. You must be 18 years of age or older by 1 January 2011 to be eligible to participate in Google Policy Fellowship program in 2011.

Are there citizenship requirements for the Fellowship?

For the time being, we are only accepting students eligible to work in India (e.g. Indian citizens, permanent residents of India, and individuals presently holding an Indian student visa. Google cannot provide guidance or assistance on obtaining the necessary documentation to meet the criteria.

Who is eligible to participate as a student in Google Policy Fellowship program?

In order to participate in the program, you must be a student. Google defines a student as an individual enrolled in or accepted into an accredited institution including (but not necessarily limited to) colleges, universities, masters programs, PhD programs and undergraduate programs. Eligibility is based on enrollment in an accredited university by 1 January 2011.

I am an International student can I apply and participate in the program?

In order to participate in the program, you must be a student (see Google's definition of a student above). You must also be eligible to work in India (see section on citizen requirements for fellowship above). Google cannot provide guidance or assistance on obtaining the necessary documentation to meet this criterion.

I have been accepted into an accredited post-secondary school program, but have not yet begun attending. Can I still take part in the program?

As long as you are enrolled in a college or university program as of 1 January 2011, you are eligible to participate in the program.

I graduate in the middle of the program. Can I still participate?

As long as you are enrolled in a college or university program as of 1 January 2011, you are eligible to participate in the program.

Payments, Forms, and Other Administrative Stuff

How do payments work*?

Google will provide a stipend of USD 7,500 equivalent to each Fellow for the summer.

Accepted students in good standing with their host organization will receive a USD 2,500 stipend payable shortly after they begin the Fellowship in June 2011.
Students who receive passing mid-term evaluations by their host organization will receive a USD 1,500 stipend shortly after the mid-term evaluation in July 2011.
Students who receive passing final evaluations by their host organization and who have submitted their final program evaluations will receive a USD 3,500 stipend shortly after final evaluations in August 2011.

Please note: Payments will be made by electronic bank transfer, and are contingent upon satisfactory evaluations by the host organization, completion of all required enrollment and other forms. Fellows are responsible for payment of any taxes associated with their receipt of the Fellowship stipend.

*While the three step payment structure given here corresponds to the one in the United States, disbursement of the amount may be altered as felt necessary.

What documentation is required from students?

Students should be prepared, upon request, to provide Google or the host organization with transcripts from their accredited institution as proof of enrollment or admission status. Transcripts do not need to be official (photo copy of original will be sufficient).

I would like to use the work I did for my Google Policy Fellowship to obtain course credit from my university. Is this acceptable?

Yes. If you need documentation from Google to provide to your school for course credit, you can contact Google. We will not provide documentation until we have received a final evaluation from your mentoring organization.

Host Organizations

What is Google's relationship with the Centre for Internet and Society?

Google provides the funding and administrative support for individual fellows directly. Google and the Centre for Internet and Society are not partners or affiliates. The Centre for Internet and Society does not represent the views or opinions of Google and cannot bind Google legally.

For more details visit https://cis-india.org/internet-governance/blog/google-policy-fellowship

Digital Natives with a Cause? —Workshop in Santiago — an Afterthought

tettner — 2012-01-03T10:16:18Z

The Digital Natives had their third and final workshop in Santiago, Chile from 8 to 10 February 2011. Once again CIS and Hivos joined hands to organise the event. Samuel Tettner, Digital Natives Coordinator from CIS narrates his experiences from the workshop in this blog post.

For three days, from 8 to 10 February, I spent most of the days and almost one full night at the Digital Natives with a Cause? Workshop. The day before the workshop, I met the facilitators: Kara, Pedro and Juan-Manuel. All three of them were quite enthusiastic with each one specializing on an aspect of the research objectives. That night, I had my first formal meeting with the participants in the conference room of Hotel Windsor in Santiago. It is always fascinating to meet a large group of people, especially since you have been corresponding with them for a couple of weeks, have read about them and their projects, made images in your head of how they look, how they act, how they will get along with each other and so on.

I was particularly excited about the workshop in Santiago since it presented itself to me an opportunity to re-connect with a side of Latin America that I had not experienced. I moved from Venezuela to the United States at the age of 15. I don’t know about everyone else, but when I was 15, I was mostly interested in music, movies, my friends, fast cars, video games, and a whole lot of the nonsense stuff. Meeting these highly motivated young men and women from all over the American continent and the Caribbean islands allowed me to connect with the more nuanced and matured side of my identity— a side that had only heard English spoken to it.

The actual workshop took place at the Biblioteca de Santiago, a library in Santiago, a beautiful modern building, with an architecture that rivalled the best libraries I ever saw in the world. Our local partner Rising Voices, had done an incredible job of organizing the logistics. The workshop opened with an ice-breaking exercise that unlike most ice-breaking exercises required some neural movement. Participants were asked to come up with a word that described their practice, politics or ideology. You see the workshop participants were young people who engage with digital technologies to create social and political change. I chose my word ‘innovation’ mainly because it’s an idea that’s been hunting my day-dreams lately, but also because I knew it would elicit interesting responses. I briefly sat down with Luis Carlos from Peru and Joan from the Dominican Republic, whose words were ‘stories’ and also ‘creative’. A blog post about that experience can be found here.

Afterwards we had the pleasure of hearing from Juan-Manuel, the facilitator from Mexico. Juan-Manuel talked about issues of participation, motivation to do social change, impact of our engagements and other social change related processes. He left us with three big questions that stayed with us for the rest of the afternoon:

What is our motivation to do social work? Where does it come from? Where does it end? How did it start? Can it be replicated?
What is incidence / impact? How can one measure impact?
What does one need to know to create social impact?

I got in a group with Adolfo from Nicaragua, Maria Del Mar from Paraguay, Karl from Haiti and Julio from Chile. Kara was our facilitator for the discussion. A blog post about that experience by Maria Del Mar can be found here. After discussing for about one hour, we made a white paper that visually illustrated` our discussion. We decided to make a word / concept cloud and mix it with a collage. That was it. With a lot of anticipation and nervousness the first day of our workshop ended.

Oh wait! I forgot to add a small detail, that day Nishant also taught us how to do a Bollywood dance. I didn’t take any pictures, but I hope someone did!

On the second day, Pedro Markun from Brazil opened the floor with a thought-provoking presentation. Unfortunately, I missed most of the presentation, but if one is to judge by the tweets, it was very inspiring. After the presentation, we participated in a bar camp. During this activity participants proposed the topics for discussion, out of which we selected five to focus on. I decided to join the conversation about ‘digital rights’, a topic proposed by Andres from Venezuela. Brendon from Trinidad and Tobago, Luis Carlos and Roberto from Peru, and Joan from the DR also participated in this discussion. I wrote a small blog about my opinion on this conversation here.

During the second half of the day, the process was reversed and instead of us participants writing down concepts we wanted to talk about, five words were written on the board: mobilization, network building, awareness, campaigns, and representation. This activity, called HOW DO YOU SPELL PROCESS? asked us to choose the word with which we identify the most; it could be the word we know the most about, or the least about, or the word we’re most interested in implementing in our practice. I joined the mobilization group, because part of the job as the community manager for the Digital Natives project involved motivating the members, involving them in other’s ideas, helping them connect with greater initiatives – all ideas that I think connect with mobilization issues. I sat down with Maria Carmelita from Argentina, Brendon from T&B and Francisco from Chile.

After we were all settled in the group plenary after this activity, Fieke had a dictatorial proclamation to make: we then had around 12 hours to make a visual presentation (a video, a play, a sketch and others) about our discussions during HOW DO YOU SPELL PROCESS?

I met Brendon, Francisco, and Carmelita shortly after for dinner and the planning of our video. We decided to have an Indian night, which is ironic since I now live in India, yet the experience was very interesting: I tried ‘curry’ for the first time in my life! For our video, we decided to make a cheesy, 1984-esque “how to” video to change the world through mobilization. The video can be found here. Check out the other videos as well, they all are quite interesting and thought-provoking.

Finally, on the third day after a showing of the videos and plays, the last facilitator, Kara from Guatemala, shared with us her personal journey into her social commitment. From growing up in a banana plantation in Guatemala, to her use of digital technologies to raise funds to build a house for her uncle, Kara’s story inspired all in attendance. Kara told her story through a specific framework, which was named the Matrix. The Matrix consisted of re-framing one’s story through four lenses: dream, discovery, design and destiny. We then broke into groups and reflected into our own journeys with technology using the same framework.

In the end, we all went to a nice restaurant and had a common dinner. I love those tables of over 20+people; you can switch seats and change conversations instantly. Overall, the workshop was a huge learning experience. I was able to meet some similar people from Latin America, and better understand the cultural context of the intersection of technology and the social and the political spheres. With the last workshop now over, we have collected a plethora of research materials which we will analyze during the second phase of the Digital Natives with a Cause? project. The journey still continues.

Thanks to all of you who made the experience Possible!.

For info on schedule of events, organisers and participants, click here

For more details visit https://cis-india.org/digital-natives/blog/santiago-workshop-an-after-thought

Privacy Matters — Conference Report

praskrishna — 2011-01-27T10:22:55Z

A one-day conference on Privacy Matters was held on Sunday, 23 January 2011 at the National University of Juridical Sciences (NUJS) Law School in Kolkata. This was the first of a series of eleven conferences on ‘privacy’ that Privacy India is scheduled to host in different Indian cities from January to June this year. Members of Parliament, Sri Manoj Bhattacharya from the Revolutionary Socialist Party (RSP) and Sri Nilotpal Basu from the Communist Party of India (Marxist) CPI (M) spoke in the conference. Students, the civil society and lawyers also participated in it.

Introduction

The conference was held to discuss elements of the privacy legislation that has been proposed to the Parliament of India, and the UID Bill and project. The conference focused on the tensions between privacy and society that exist in India today, and acted as a space for opinion sharing and discussion. Privacy India which was formed under the auspices of Privacy International, a UK based organization that works to protect the right of privacy around the world, the Centre for Internet and Society (CIS), an NGO based in Bangalore, and Society in Action Group (SAG), an NGO based in Delhi joined hands to host this event.

Rajan Gandhi, founder of SAG opened the conference with an explanation of the mandate of Privacy India, the objective of which is of raising awareness, sparking civil action and promoting democratic dialogue around privacy challenges and violations in India. One of Privacy India's goals is to build consensus towards the promulgation of comprehensive privacy legislation in India through consultations with the public, legislators and the legal and academic community.

Keynote

The keynote speech was delivered by Dr. Sudhir Krishnaswamy professor of law and governance. Dr. Krishnaswamy began by outlining the present situation of privacy in India. The right to privacy has been read into Sections 19 and 21 of the Constitution of India through case law, which has defined privacy — among other things — as the right to personal autonomy, the right against unreasonable search and seizure, and as a fundamental right that is critical to the person, but does not supersede public or national interest. Dr. Krishnaswamy also raised many intriguing questions including: what does privacy mean to India — is it linked to a person’s dignity and their honour? Or is it purely concerned with misappropriation of information, and further is privacy in India an issue of the individual or an issue of the family and the community? He also described the philosophical groundings of privacy as being in the right to dignity, the right to autonomy, and the misappropriation of information.

Privacy Challenges

The conference was spread into three sessions. In the first session Prashant Iyengar, head researcher of the project at Privacy India, spoke about the challenges that India specifically is facing in shaping a privacy legislation including: the need to balance the right to information/transparency and privacy, the need to create a definition of privacy that does not exclude lower classes and is not a negative right, but instead a positive right, and the problem of ubiquitous surveillance that is happening in society today. Elonnai Hickok, policy analyst at Privacy India, spoke specifically on wire tapping, and the Nira Radia tapes. In her presentation she first outlined other countries definitions of privacy which include: the right to be left alone, the protection from unauthorized searches, and the right to control information about oneself through consent. Using the case study of Nira Radia and Ratan Tata she spoke about the rising concern of wire tapping in the country as being indicative of a social change and relationship of the state and government. Elonnai also raised questions concerning whether privacy should be made inversely proportional to public figures, and if public interest will always supersede the private right of individuals.

UID and Privacy

The second session of the conference focused on the UID Bill and privacy. Presentations from NUJS student Amba Kak and Sai Vinod raised concerns about the UID project and privacy. Their presentation also compared and contrasted identity schemes of other countries with the UID. A few similarities that they found amongst all scheme were: the collection of data, the processing of data, and the storing of data. Deva Prasad from the National Law School of Bangalore presented on constitutional elements of the UID scheme ranging from loopholes in the Bill to connections that can be made when the UID Bill is placed in the larger picture. Sri Manoj Bhattacharya (MP) from RSP voiced his concerns of the UID, and emphasized that by giving an individual a number which acts as their fundamental identity which they use to function in society, the government in fact is eroding an individual’s actual identity, and that is an invasion of privacy. Sri Nilotpal Basu (MP) from CPI (M) spoke out strongly against the UID, voicing that his greatest concern with the UID is that it will be a way for corporate bodies to target individuals as consumers, and that privacy legislation could be used as a way for corporate bodies to hide from the public eye.

Conclusion

In the concluding session the floor was opened up to the public for questions and opinion sharing. Many participants shared what they believed needed to be included in privacy legislation, and what issues a privacy legislation needs to address. A few of these include: privacy rights and the media, privacy and the right to information, the privacy rights of minorities, and the privacy rights of the government. Also types of regulatory models for privacy were discussed. For instance, should privacy in India be represented and protected through a data protection law, or should privacy be seen as a fundamental right to privacy? Should privacy be represented through a broad framework, or through sector specific statutes? What should the redressal and enforcement mechanisms look like?

As seen from the presentations and the comments at the conference one thing which is clear is that privacy is an issue that concerns every person in India. Over the next six months Privacy India will be conducting ten more conferences in different Indian cities to engage the public in dialogues of privacy and raise awareness around the issues of privacy. The next workshop will be held on 5 February 2011 in Bangalore.

Download the conference summary here

For more details visit https://cis-india.org/internet-governance/blog/privacy/privacy-nujsconference-summary