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CIS - A2K Work Plan: July 2016 - June 2017
https://cis-india.org/a2k/blogs/cis-a2k-work-plan-july-2016-june-2017
<b>One of the key mandates of the Access to Knowledge (A2K) program at the Centre for Internet and Society (CIS) is to work towards catalyzing the growth of the free and open knowledge movement in Indic languages. CIS has been a steward of the Wikimedia movement in India since December 2008. Since September 2012, we at CIS-A2K, have been actively involved in growing the movement in India through (i) a grant received from the Wikimedia Foundation (WMF) for the period September 2012 - June 2014, (ii) the FDC Grant received for the period July 2014 - June 2015 and (iii) the FDC Grant received for the period July 2015 - June 2016. Based on the productive experience of working with various Indic Wikimedia communities, CIS-A2K has developed this work plan for July 2016 to June 2017.</b>
<p>This was originally published on <a class="external-link" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017">Meta-wiki</a> on April 2, 2016.</p>
<hr />
<p style="text-align: justify;">We have revised the work plan template taking into account the changed proposal plan sent out by WMF and in light of the feedback that we have received from FDC assessment during last proposal application. The FDC feedback is taken into account at the level of design, RoI and ensuring quality for all our activities.</p>
<h3 style="text-align: justify;">CIS-A2K responses towards Indic communities concerns</h3>
<p style="text-align: justify;">During the last plan period CIS-A2K received the following complaints, suggestions, and feedback. We have attempted to address the concerns under redesigned CIS-A2K 2.0. This table was first prepared during our progress report for the current grant and A2K would like to acknowledge the learnings derived out of the suggestions and feedback it received during the last plan. Please see the table <strong><a title="Grants:APG/Proposals/2014-2015 round2/The Centre for Internet and Society/Progress report form" href="https://meta.wikimedia.org/wiki/Grants:APG/Proposals/2014-2015_round2/The_Centre_for_Internet_and_Society/Progress_report_form#CIS-A2K_responses_towards_Indic_communities_concerns">here.</a></strong></p>
<h3 style="text-align: justify;"><strong>Background to CIS-A2K Program</strong></h3>
<p style="text-align: justify;"><strong>CIS-A2K is working with the Indic Wikimedia communities since December 2008, when Jimbo Wales came to India and visited Bangalore. In mid-2012 CIS-A2K received a financial grant from the Wikimedia Foundation (WMF) and since then it has been actively involved in growing the Wikimedia and free knowledge movement in India. Following a grant received from WMF for the period September 2012 to June 2014, CIS-A2K received FDC Grant for the periods July 2014 to June 2015 and July 2015 to June 2016. Based on the 41-month experience of working with various Indic Wikimedia communities, CIS-A2K has prepared this year's work plan for July 2016 to June 2017.</strong></p>
<h3 style="text-align: justify;"><strong>Objective</strong></h3>
<p style="text-align: justify;"><strong>CIS-A2K is committed to improve Wikimedia movement in India by supporting Indic Wikimedia communities and working on Wikimedia projects and collaborating with FOSS and other like minded movement partners. It also strives to catalyse the growth of open and free knowledge movement in South Asia and especially in India. Our main objectives are:</strong></p>
<ol style="text-align: justify;">
<li>
<div style="text-align: justify;"><strong>Bringing content under Creative Commons and similar free licenses;</strong></div>
</li>
<li>
<div style="text-align: justify;"><strong>Supporting and empowering Indic Wikimedia communities;</strong></div>
</li>
<li>
<div style="text-align: justify;"><strong>Building and maintaining institutional partnerships in order to support the open knowledge movement and creation of open knowledge resources;</strong></div>
</li>
<li>
<div style="text-align: justify;"><strong>Planning and executing Wikimedia projects with wider community participations and effective consultation;</strong></div>
</li>
<li>
<div style="text-align: justify;"><strong>Fostering and enabling an appropriate legal and technological ecosystem;</strong></div>
</li>
<li>
<div style="text-align: justify;"><strong>Building sustainable communities and grooming potential leaders to represent the communities and projects globally.</strong></div>
</li></ol>
<h3 style="text-align: justify;"><strong>Context</strong></h3>
<p style="text-align: justify;"><strong> </strong></p>
<p style="text-align: justify;">CIS-A2K has focussed on creating sustainable programmes and capacity development for communities in the last few years. CIS-A2K intends to continue its work during the proposed grant period and would continue to focus on the following Indian language Wikimedia projects: Kannada, Konkani, Marathi, Odia, Telugu (Focus Language Areas, FLA). In order to achieve higher RoI, A2K will be including Tulu in its language plan from this plan period.</p>
<p style="text-align: justify;">CIS-A2K will continue to provide general support and service to all other Indian language Wikimedia communities for all Wikimedia projects as necessary and as requested by the communities or individuals from the community through its request page and needs assessment workshops.</p>
<p style="text-align: justify;">Community strengthening initiatives will be prioritised in order to address the poor participation of Wikimedians from Indian sub continent in particular and global south in general. CIS-A2K has rolled out initiatives such as Train the Trainer and MediaWiki training, focused edit-a-thons and GLAM activities.</p>
<p style="text-align: justify;">CIS-A2K and Indian language Wikimedia communities would greatly benefit from collaborating with these initiatives and CIS-A2K during this grant period would attempt to bring these communities closer with a series of interactions, hack-a-thons and training sessions.</p>
<p style="text-align: justify;">Our institutional partnerships have played a very important role in content donation, generation of content, attracting new readers and editors and collaborating opportunities with existing community members. They have provided much needed press coverage towards Indian language Wikimedia projects. The institution partnerships and WEP have been redesigned as per community suggestions.</p>
<h3 style="text-align: justify;">Methodology</h3>
<p style="text-align: justify;">This work plan has been prepared based on an extensive engagement with various Wikimedia movement participants and enthusiasts in India. These include:</p>
<ol style="text-align: justify;">
<li>
<div style="text-align: justify;">Wikimedia community members across all Indic communities: We have talked to a large number of Indic Wikimedia community members and specially community members of our focused language areas;</div>
</li>
<li>
<div style="text-align: justify;">Institutional Partners of CIS-A2K: We have taken feedback and suggestions from our institutional partners regarding the challenges of conducting WEP;</div>
</li>
<li>
<div style="text-align: justify;">Like-minded advocates of free and open knowledge;</div>
</li>
<li>
<div style="text-align: justify;">Surveys and Interviews.</div>
</li></ol>
<h3 style="text-align: justify;">Performance against plans and projected targets</h3>
<p style="text-align: justify;"><strong>Overall</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/w1.jpg" alt="null" class="image-inline" title="w1" /></p>
<p style="text-align: justify;"><strong>Kannada</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy_of_w1.jpg" alt="null" class="image-inline" title="w2" /></p>
<p style="text-align: justify;"><strong>Konkani</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy2_of_w1.jpg" alt="null" class="image-inline" title="w3" /></p>
<p style="text-align: justify;"><strong>Marathi</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy3_of_w1.jpg" alt="null" class="image-inline" title="w4" /></p>
<p style="text-align: justify;"><strong>Odia</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy4_of_w1.jpg" alt="null" class="image-inline" title="Odia" /></p>
<p style="text-align: justify;"><strong>Telugu</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy6_of_w1.jpg" alt="null" class="image-inline" title="w6" /></p>
<p style="text-align: justify;"><strong>Progress against goals set</strong></p>
<p style="text-align: justify;"><img src="https://cis-india.org/home-images/copy7_of_w1.jpg" alt="null" class="image-inline" title="Progress" /></p>
<h3 style="text-align: justify;">Language Area Work Plans</h3>
<table class="plain">
<tbody>
<tr>
<td style="text-align: justify;">
<p>CIS-A2K has put in significant efforts across four focus language areas Kannada, Konkani, Odia and Telugu during the previous work plans. CIS-A2K proposed and initiated Marathi as a focus language project during the last proposal plan. As A2K's strategy of working with FLA has resulted in community building and sustainable outreach efforts, we intend to work with the nascent Tulu community towards making Tulu Wikipedia live.</p>
<p style="text-align: justify;">The <a title="CIS-A2K/Work plan July 2016 - June 2017/Tulu" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Tulu">Tulu Wikipedia</a> plan is a 'minimal cost program' and is not budgeted same as the other FLA. A2K has been able to build a strong community in Mangalore for the Kannada and Konkani Wikimedia projects. Tulu community draws its editor base and institutional support from Mangalore, hence A2K's plans towards Kannada and Konkani Wikimedia projects can also have the added dimension of Tulu Wikipedia incubation activities.</p>
<p style="text-align: justify;">Detailed work-plan for each of these language areas may be seen here (in alphabetical order):</p>
<ul style="text-align: justify;">
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Kannada" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Kannada">Kannada</a></li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Konkani" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Konkani">Konkani</a></li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Marathi" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Marathi">Marathi</a></li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Odia" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Odia">Odia</a></li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Telugu" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Telugu">Telugu</a></li></ul>
<p> </p>
</td>
<td>
<p><img src="https://cis-india.org/home-images/copy8_of_w1.jpg/@@images/ab0f737d-8061-40d7-bcad-f3850817771a.jpeg" alt="null" class="image-inline" title="Women's Wikipedia Editathon" /></p>
<p style="text-align: center;">Woman's day editathon at Christ University</p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify;"><strong>Some of the key factors that determined the July 2016-June 2017 work plan:</strong></p>
<ol style="text-align: justify;">
<li><strong>Development of Focus Language Area Plan:</strong> A2K's strategy of building a plan along with the consultation of the community and further customised as per the feedback received by communities and FDC Staff have resulted well across five languages. CIS-A2K is pleased to inform that during July 2015-June 2016 it engaged with all the five focus language area plans as it has been able to recruit program officers and program associates for the vacant positions. It is important to note that while we are engaging with Tulu Wikipedia community with intentions of making Tulu Wikipedia live, it is also a 'minimal cost' program. It helps A2K in acheiving higher RoI for monetary resources and optimisation of staff and volunteer expertise.</li>
<li><strong>A2K 2.0 as a response to FDC and Indic Wikimedians' Feedback:</strong> As a learning derived out of FDC, WMF Board and Indic Wikimedians suggestions, CIS-A2K has revised its program structure and composition of work. Please find details of revised divisional of responsibilities of A2K team.</li>
<li><strong>Partnership and networking with institutions and groups:</strong> CIS-A2K has had the privilege of partnering with educational institutions and developmental organisations. These partnerships and collaborations not only resulted in significant quality-content contributions, but also lead to the diversification and expansion of that particular language Wikimedia community. In order to strengthen the communities, increase participation and conduct GLAM activities and attract content donation A2K would look out for possible institutional partnerships.</li>
<li><strong>Providing sustainability and developing leadership skills:</strong> A2K has always worked towards enabling Indian Language Wikimedia communities to achieve sustainability and visibility amongst the global communities. We have been greatly privilege to work with the Focus Language Communities and would like to pass on our learning through collaborations with other language communities, while exiting few of our current FLA programs. Through our skill building initiatives such as Train-the-Trainer, Media Wiki Training and Train-a-Wikipedian A2K has also been able to support growth of a new community of volunteers to support the existing community.</li></ol>
<h3><span id="Community_Strengthening_Initiatives" class="mw-headline">Community Strengthening Initiatives</span></h3>
<p style="text-align: justify;"><span id="Community_Strengthening_Initiatives" class="mw-headline"><strong> </strong></span><span class="mw-headline">CIS-A2K started two community strengthening initiatives— <a title="TTT" class="mw-redirect" href="https://meta.wikimedia.org/wiki/TTT">Train-the-Trainer</a> and <a title="MWTTT" class="mw-redirect" href="https://meta.wikimedia.org/wiki/MWTTT">MediaWiki Training</a> to grow and strengthen the Indic Wikimedia projects and the associated communities, both qualitatively and quantitatively. The earlier iteration of these two programs played an important role in connecting the Indian language Wikimedia communities and fostering multi-lingual projects. This year also CIS-A2K proposes to undertake these two successful community strengthening initiatives. In mid-March 2016, CIS-A2K conducted a 2-day-long nationwide Wikipedia Education Program review workshop that brought students and faculty members from institutions that are running WEP in partnership with CIS-A2K and several important topics such as structural challenges such as academic schedule, institutional interest, faculty buy-in and more importantly response by the students were discussed. This year also CIS-A2K proposes to conduct such a workshop.</span></p>
<h3><span id="Creating_Movement_Resources" class="mw-headline">Creating Movement Resources</span></h3>
<p><span id="Creating_Movement_Resources" class="mw-headline"> </span>CIS-A2K has been creating resources to help Indic Wikimedia communities. All the resources are created after assessing the communities' need assessment and close interactions with many of the active community members.</p>
<p>CIS-A2K proposed to create the following resources (this also include printed resources):</p>
<ul>
<li>Wikipedia editing tutorials</li>
<li>PEG and IEG application handbooks;</li>
<li>Handbook on how apply for various WMF scholarships;</li>
<li>Handbook on best practices for Wiki-events, workshops, meetup, outreach and other programs;</li>
<li>FAQ for content donors –give this job to a law school intern. No need of this handbook to be translated to Indian languages.</li>
<li>Bookmarks creation to increase awareness about Indian Wikimedia Projects;</li></ul>
<h3>General Support and Service to the Movement</h3>
<p style="text-align: justify;">CIS-A2K regularly supports Indic-language Wikimedia communities to conduct workshops, edit-a-thons and events to improve their projects. All these requests are placed at <a title="Talk:CIS-A2K/Requests" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Requests">CIS-A2K request page</a> and fulfilled after extensive community discussion and needs assessment.</p>
<p style="text-align: justify;">Currently CIS-A2K is working on a program named <a title="CIS-A2K/Train-a-Wikipedian" href="https://meta.wikimedia.org/wiki/CIS-A2K/Train-a-Wikipedian">Train-a-Wikipedian</a> (TAW) to identify enthusiastic Indic Wikipedians and train and groom them to develop their editing skills. We'll continue empowering Indic Wikimedia community members through this program.</p>
<h3 style="text-align: justify;">Learning and Evaluation</h3>
<p style="text-align: justify;">Following the <a title="Grants:Learning & Evaluation/Global metrics" href="https://meta.wikimedia.org/wiki/Grants:Learning_%26_Evaluation/Global_metrics">Global metrics</a> and discussions some members of the Wikimedia community, the A2K program had put together some evaluation tools to assess the impact of its work during the last year. We have included some more metrics for evaluation this year.</p>
<p style="text-align: justify;"><strong>Evaluation tools</strong></p>
<dt>Participation</dt>
<ol>
<li>Number of active editors involved</li>
<li>Number of newly registered users</li>
<li>Number of individuals involved</li></ol>
<dl><dt>Content</dt></dl>
<ol>
<li>Number of new images/media added to Wikimedia article pages</li>
<li>Number of new images/media uploaded to Wikimedia Commons</li>
<li>Number of articles added or improved on Wikimedia projects</li>
<li>Number of bytes added to and/or deleted from Wikimedia projects</li></ol>
<h3>Reports</h3>
<p style="text-align: justify;">CIS-A2K will undertake monthly and annually review of our work using the above evaluation tools. CIS-A2K report activities and progress to Wikimedia foundation in monthly meetings.<sup><a href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017#cite_note-1">[1]</a></sup> CIS-A2K team will also report the successes and learnings to the Wikimedia India & the Global Community. CIS-A2K team will actively review progress of each language area plan in collaboration with the respective Wikimedia community. Based on this feedback we will undertake mid-course corrections, should there be a need. To summarize following reports will be published in the year of 2016 - 2017:</p>
<ul>
<li>Progress report (for the current grant)</li>
<li>Impact Report (July 2016 - June 2017)</li>
<li>Monthly report to Wikimedia foundation;</li>
<li>Monthly Newsletters</li>
<li>Annual report to CIS</li></ul>
<h3>Monthly Review and Learning Sessions</h3>
<p style="text-align: justify;">Last year we <a title="CIS-A2K/Work plan July 2015 - June 2016" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2015_-_June_2016#Monthly_review_and_learning_sessions">wrote about</a> conducting monthly review and learning sessions. Currently CIS-A2K is conducting monthly learning sessions to critically reflect on the successes and failures of our work internally. The learnings are shared with Wikimedia Foundation for their feedback and suggestion. We'll continue conducting monthly reviews and learnings and progress will be shared with Wikimedia Foundation. We will try to share the same the Wikimedia India members.</p>
<h3 style="text-align: justify;">Budget</h3>
<p>Please find link to CIS-A2K program budget for proposed grant period July 2016-June 2017 <a title="CIS-A2K/Work plan July 2016 - June 2017/Budget" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Budget">here</a></p>
<h3>Feedback</h3>
<p>We appreciate your valuable feedback. However, for the sake of structured engagement by everyone, we request you to consider the following before you share your feedback.</p>
<ul>
<li>For feedback on the overall A2K Work Plan you can write <a title="Talk:CIS-A2K/Work plan July 2016 - June 2017" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2016_-_June_2017"><strong>here</strong></a>.</li>
<li>For feedback on respective Language area plans, please write on the discussion page of the respective language plan.</li></ul>
<dl><dd>
<ul>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Kannada" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Kannada"><strong>Kannada</strong></a> plan (<a title="Talk:CIS-A2K/Work plan July 2016 - June 2017/Kannada" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2016_-_June_2017/Kannada"><strong>discussions</strong></a>)</li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Konkani" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Konkani"><strong>Konkani</strong></a> plan (<a title="Talk:CIS-A2K/Work plan July 2016 - June 2017/Konkani" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2016_-_June_2017/Konkani"><strong>discussions</strong></a></li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Marathi" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Marathi"><strong>Marathi</strong></a> plan (<a title="Talk:CIS-A2K/Work plan July 2016 - June 2017/Marathi" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2016_-_June_2017/Marathi"><strong>discussions</strong></a>)</li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Odia" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Odia"><strong>Odia</strong></a> plan (<a title="Talk:CIS-A2K/Work plan July 2014 - June 2015/Odia" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2014_-_June_2015/Odia"><strong>discussions</strong></a>)</li>
<li><a title="CIS-A2K/Work plan July 2016 - June 2017/Telugu" href="https://meta.wikimedia.org/wiki/CIS-A2K/Work_plan_July_2016_-_June_2017/Telugu"><strong>Telugu</strong></a> plan (<a title="Talk:CIS-A2K/Work plan July 2014 - June 2015/Telugu" href="https://meta.wikimedia.org/wiki/Talk:CIS-A2K/Work_plan_July_2014_-_June_2015/Telugu"><strong>discussions</strong></a>)</li></ul>
</dd></dl>
<ul>
<li>Alternatively you could also share your feedback over e-mail at tanveer@cis-india.org. Please use the subject line Feedback on Work Plan.</li>
<li>Should you feel the need to discuss any aspect of the plan before sharing your feedback, please write to us and we can set up a telephone/Skype call.</li></ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/cis-a2k-work-plan-july-2016-june-2017'>https://cis-india.org/a2k/blogs/cis-a2k-work-plan-july-2016-june-2017</a>
</p>
No publishersunilCIS-A2KAccess to KnowledgeWikimediaWikipediaFeatured2016-04-29T09:36:45ZBlog EntryDataset: Patent Landscape of Mobile Device Technologies in India
https://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india
<b>Patent landscape of mobile technology patents and patent applications held by 50 companies operating in India. Licensed CC-BY-SA 4.0.</b>
<p><a href="https://cis-india.org/a2k/blogs/cis-mobile-device-patent-landscape" class="internal-link">Dataset: Patent Landscape of Mobile Device Technologies in India</a></p>
<p>This dataset contains a landscape of 23,569 patents and patent applications registered in India and relevant to the domain of mobile technology. These patents and patent applications are held by 50 Indian and non-Indian companies operating in the country. The patent landscape has been released under the Creative Commons-Attribution-Share Alike 4.0 (CC-BY-SA 4.0) License as a part of the ongoing Pervasive Technologies research project.</p>
<p>For the detailed methdology used for drawing up this landscape, read: <a class="external-link" href="http://cis-india.org/a2k/blogs/patent-landscaping-in-the-indian-mobile-device-market">Methodology: Patent Landscaping in the Indian Mobile Device Marketplace</a></p>
<p>A paper titled <a class="external-link" href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486">"Patents and Mobile Devices in India: An Empirical Survey"</a> published on SSRN in March 2016 presents an analyis of this patent landscape.</p>
<p>For queries regarding the dataset or its reuse, write to <a class="mail-link" href="mailto:rohini@cis-india.org">rohini@cis-india.org</a>.</p>
<h3>Using this dataset:</h3>
<p><b>Assignee:</b> The assignee is one of 50 companies specified in<a class="external-link" href="http://cis-india.org/a2k/blogs/fifty-companies.pdf"> Annexure 4</a> of the methodology document. Where two assignees are mentioned, the patent was transferred from the second assignee to the first on account of sale of the patent, company merger, etc. For example, "Huawei|NEC" indicates that a patent that belonged to NEC was transferred to Huawei.</p>
<p><b>Patent Number:</b> This column contains the patent number in the case of granted patents and the application number in case of patent applications. Patent numbers have been coded in the Thomson Reuters database as IN<6 digit number>B. For example, the patent number 247760 in the Indian Patent Office database is coded as IN247760B in this dataset. The application number is coded as well. However, there is a separate column (Column R) for the application number as given in the Indian Patent Office database.</p>
<p><b>Level 1: </b>Patents and patent applications in the landscape have been categorised into: Body Design, Communication, Connectable Interfaces, Display, Energy Storage, Memory, Operational Blocks, Sensors, Software, and Sound, image and video.</p>
<p><b>Level 2: </b>Almost all categories have further been divided into sub-categories, i.e., Level 2 categories.</p>
<p><b>Infrastructure/ UE: </b>Refers to whether the patent pertains to infrastructure and the user equipment (IUE) or only the user equipment (UE).</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india'>https://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india</a>
</p>
No publisherrohiniFeaturedAccess to KnowledgePervasive Technologies2016-05-03T20:06:43ZBlog EntryConsultation on 'National Geospatial Policy' - Notes and Submission
https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016
<b>The Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP) to provide appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality. A pre-drafting consultation meeting for the NGP was organised in Delhi on February 03, 2016. Ms. Anubha Sinha represented CIS at the meeting, and shares her notes.</b>
<p> </p>
<h3>National Geospatial Policy - Pre-Drafting Consultation Meeting</h3>
<p>Keeping in mind the importance of geospatial data in the context of national development, the Department of Science and Technology, Government of India, has constituted a National Expert Committee for developing a draft National Geospatial Policy (NGP). The Committee is Chaired by Major General Dr. R Siva Kumar, former Head of Natural Resources Data Management System (NRDMS) and CEO of National Spatial Data Infrastructure (NSDI), and Dr. Bhoop Singh, Head of NRDMS and NSDI Division at Department of Science and Technology, as Member Secretary. The Policy aims at providing appropriate guidelines for collection, analysis, use, and distribution of geospatial information across India, and to assure data availability, accessibility and quality.</p>
<p>A pre-drafting consultation meeting for the NGP was organised in Delhi by Dr. Valli Manickam, Professor at the Academic Staff College of India, on February 03, 2016, and CIS was invited to take part in it as the only participant from the civil society. The other participants included representatives from the geospatial industry and industry associations (like FICCI and CII), and Ms. Ranjana Kaul, Partner at Dua Associates. Among the drafting committee members, Major General Dr. R Siva Kumar, Dr. Bhoop Singh, Dr. Sandeep Tripathi (IFS), and Wing Commander Satyam Kushwaha were present.</p>
<p> </p>
<h3>National Geospatial Policy - Concept Note</h3>
<p>The purpose of the meeting was to hear the stakeholders' response to a Concept Note on the NGP, circulated prior to the meeting <strong>[1]</strong>. The Note sets out the principles and concerns of the proposed policy, which plans to guarantee geospatial data availability, accessibility, quality and in consonance with the imperatives of national security and intellectual property rights. The applicability of the policy is aimed at:</p>
<blockquote>all geospatial data created, generated and collected using public funds provided by Central and State Governments and International donor organizations, directly or through authorized agencies.</blockquote>
<p>The note suggests establishment of an "empowered body" to ensure proper creation, updates, management, dissemination, and sharing of the data, and management of an online portal for the same. The institutional mechanism to implement the policy will be composed of an Appellate authority / National High Power Implementation Committee, the NGP Implementation Committee, and the NGP Steering Committee.</p>
<p> </p>
<h3>Notes from the Meeting</h3>
<p>The Welcome Address was delivered by Dr. Bhoop Singh (Head of NRDMS and NSDI Division, DST) who informed the participants that the Expert Committee had already met National Security Council and heard their concerns on the policy. The principles on which the proposed policy is to be based were also shared. The policy resulted from an exercise started two years ago to fix quality and accuracy of geospatial data, which was when it was realised that there were significant gaps that need urgent redressal. It was also identified that in previous initiatives to manage geospatial data at the national level, some data-generating organisations had been left behind. The chief concerns for the Expert Committee are 1) tailoring a policy suited to India's unique security issues, 2) avoiding a blanket open policy that may lead to misuse of low resolution data, 3) heeding restrictions on mapping, considering that 43% of landmass was not represented on maps presently (a probable solution was to do feature based mapping), and 4) clarifying government regulation of drone-based mapping. Security concerns were raised frequently throughout the meeting. The Committee also recognised that for development, data sharing should be made more open. The Committee was keen to have the private industry as a partner in generation of geospatial data.</p>
<p>Private industry representatives agreed with the objectives of the policy and were willing to contribute to geospatial data generation. The Expert Committee mulled over the possibility of creating a Public Private Partnership to cater to data generation. The private industry complained about the lack of efforts in popularising geospatial technologies and making the process of tenders more transparent.</p>
<p>There were suggestions to examine the policies of other jurisdictions facing similar internal security threats as India, and delineating the types of data that could be openly shared (for instance, geospatial data from border regions versus non-border regions). Segregation of restricted and open geospatial data can also be done on the basis of its end-application, such as for military and engineering purposes. Participants also requested the creation of a clear Do's and Don'ts guideline. CIS presented a written submission that raised seven key concerns. These are listed in the section below.</p>
<p>On the question of making an open data policy, it was suggested that the committee needs to decide the fundamental approach of the policy first - whether the policy should be based on prohibition and restriction, or focus on identifying and regulating open and free geospatial. The UN General Assembly document on Principles relating to remote sensing of the Earth from space provides an appropriate international point of reference <strong>[2]</strong>.</p>
<p>After listening to the concerns and comments of the stakeholders, the core committee made the following concluding remarks:</p>
<ul><li>Existing policies of government and defence should be mapped out to avoid conflict or overlap with the proposed NGP policy</li>
<li>The sharing of data vests with government agencies and other organisations recommended by them – there needs to be a transparent mechanism for such recommendation based sharing</li>
<li>Industry should come up with self-regulatory mechanisms, do's and don'ts, and code of conduct</li>
<li>Develop a secure mechanism for providing data on sensitive areas (in terms of national security;</li>
<li>Even the defence agencies sometimes cannot access maps due to policies of the National Remote Sensing Centre and other agencies – such inconsistencies need to be fixed</li></ul>
<p>It was announced that the next consultation will occur in a couple of months, and will be open to the public at large, including representatives of industry, defence, and civil society.</p>
<p> </p>
<h3>Key Concerns about the NGP Concept Note</h3>
<p><strong>1. Complete lack of availability of open geospatial data from Indian government agencies:</strong> No government agency in India publish open geospatial data. While maps are often sold, both in printed and in digital form, they are not provided in a machine-readable open format and under an open license. The concept note towards NGP has made strong commitments towards changing this situation. There is an immediate need to participate in the NGP drafting process, with coordination among various civil society actors interested in open geospatial data, to ensure that these principles are carried into and operationalised in the actual NGP document.</p>
<p><strong>2. Need for explicit and comprehensive set of criteria to determine if a set of geospatial data is sensitive for national security reasons:</strong> In formal and informal conversations with various agencies collecting and creating geospatial data in India, the role played by security agencies in blocking proactive and reactive public disclosure of geospatial data, and even intra-governmental sharing of such data, has been highlighted. Addressing this issue requires development of an explicit and comprehensive list of criteria that will establish a clear and rule-based system for identifying if a specific geospatial data set is to be categorised as “shareable” or “non-shareable.”</p>
<p><strong>3. No clarity regarding legal status of citizen/crowd-sourced geospatial data, and initiatives to generate them:</strong> Open user-contributed geospatial data, especially through the OpenStreetMap platform, has emerged as a key driver of the global geospatial services industry. There is a legal ambiguity created by the National Mapping Policy regarding generation of such data in India, which came into focus when Survey of India filed a case against Google for organising a Mapathon contest, which invited Indian users to add metadata about physical and built features through Google Maps platform.1 The NGP needs to expressly provide legal sanction (and perhaps framework) for citizen/crowd-sourcing of geospatial data.</p>
<p><strong>4. Fragmented institutional structure for collection, management, and distribution of different kinds of geospatial data:</strong> Survey of India, Indian Institute of Remote Sensing, and Indian Space Research Organisation are all key government agencies involved in creating and managing geospatial data. Further, Election Commission of India is involved in preparing geospatial data about electoral units and their boundaries. The National Spatial Data Infrastructure was conceptualised to harmonise and centralise the geospatial data management processes, but is yet to be implemented with the backing of a policy or an Act. The NSDI can be institutionalised via the NGP as the national archive, aggregator, and distributor of open geospatial data, being originally collected and created by a range of government agencies.</p>
<p><strong>5. Integration of National Geospatial Policy with National Data Sharing and Accessibility Policy (NDSAP):</strong> The proactive disclosure of “shareable” geospatial data using open geospatial standards and under open licenses must be carried out under the purview of the NDSAP, and through the open government data platform established through NDSAP. The decisions regarding licensing of open government data, as being discussed by the a committee set up under NDSAP, must also be applicable to open geospatial data that will be published following the instructions of the NGP. Further, instead of multiple online sources of open geospatial data collected by various Indian government agencies, must be identified as the primary and necessary source for publication of open geospatial data.</p>
<p><strong>6. Integration of National Geospatial Policy with Right to Information (RTI) Act:</strong> Geospatial data must be treated as a special category of information under the RTI Act, which necessitates that if an Indian citizen requests for geospatial data from a government agency under the purview of RTI Act, the agency must provide the data in a human-readable and machine-readable open geospatial standard, and not only in the printed format, as key qualities of digital geospatial data can be substantially lost when printed in paper.</p>
<p><strong>7. Need for special infrastructure for management and publication of real-time geospatial (big) data, and governance of the same:</strong> With increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. The need for special infrastructure for such data, as well as its governance, has not been discussed in the concept note for NGP, which is a major omission.</p>
<p> </p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> See: <a href="https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf">https://github.com/cis-india/website/raw/master/docs/DST_National-Geospatial-Policy_Concept-Note_2016.01.21.pdf</a>.</p>
<p><strong>[2]</strong> UNGA 41/65. Principles Relating to Remote Sensing of the Earth from Space: <a href="http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf">http://www.unoosa.org/pdf/gares/ARES_41_65E.pdf</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016'>https://cis-india.org/openness/consultation-on-national-geospatial-policy-03022016</a>
</p>
No publishersinhaOpen DataOpen Government DataFeaturedGeospatial DataOpennessDigital India2016-03-29T17:03:31ZBlog EntryAnalysis of Aadhaar Act in the Context of A.P. Shah Committee Principles
https://cis-india.org/internet-governance/blog/analysis-of-aadhaar-act-in-context-of-shah-committee-principles
<b>Whilst there are a number of controversies relating to the Aadhaar Act including the fact that it was introduced in a manner so as to circumvent the majority of the opposition in the upper house of the Parliament and that it was rushed through the Lok Sabha in a mere eight days, in this paper we shall discuss the substantial aspects of the Act in relation to privacy concerns which have been raised by a number of experts. In October 2012, the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee submitted its report which listed nine principles of privacy which all legislations, especially those dealing with personal should adhere to. In this paper, we shall discuss how the Aadhaar Act fares vis-à-vis these nine principles.</b>
<p> </p>
<h2>Introduction</h2>
<p>The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Aadhaar Act”) was introduced in the Lok Sabha (lower house of the Parliament) by Minister of Finance, Mr. Arun Jaitley, in on March 3, 2016, and was passed by the Lok Sabha on March 11, 2016. It was sent back by the Rajya Sabha with suggestions but the Lok Sabha rejected those suggestions, which means that the Act is now deemed to have been passed by both houses as it was originally introduced as a Money Bill. Whilst there are a number of controversies relating to the Aadhaar Act including the fact that it was introduced in a manner so as to circumvent the majority of the opposition in the upper house of the Parliament and that it was rushed through the Lok Sabha in a mere eight days, in this paper we shall discuss the substantial aspects of the Act in relation to privacy concerns which have been raised by a number of experts. In October 2012, the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee submitted its report which listed nine principles of privacy which all legislations, especially those dealing with personal should adhere to. In this paper, we shall discuss how the Aadhaar Act fares vis-à-vis these nine principles.</p>
<p>In order for the reader to better understand the frame of reference on which we shall analyse the Aadhaar Act, the nine principles contained in the report of the Group of Experts on Privacy are explained in brief below:</p>
<ul><li><strong>Principle 1: Notice</strong> - Does the legislation/regulation require that entities governed by the Act give simple to understand notice of its information practices to all individuals, in clear and concise language, before any personal information is collected from them.</li>
<li><strong>Principle 2: Choice and Consent</strong> - Does the legislation/regulation require that entities governed under the Act provide the individual with the option to opt in/opt out of providing their personal information.</li>
<li><strong>Principle 3: Collection Limitation</strong> - Does the legislation/regulation require that entities governed under the Act collect personal information from individuals only as is necessary for a purpose identified.</li>
<li><strong>Principle 4: Purpose Limitation</strong> - Does the legislation/regulation require that personal data collected and processed by entities governed by the Act be adequate and relevant to the purposes for which they are processed.</li>
<li><strong>Principle 5: Access and Correction</strong> - Does the legislation/regulation allow individuals: access to personal information about them held by an entity governed by the Act; the ability to seek correction, amendments, or deletion of such information where it is inaccurate, etc.</li>
<li><strong>Principle 6: Disclosure</strong> - Does the legislation ensure that information is only disclosed to third parties after notice and informed consent is obtained. Is disclosure allowed for law enforcement purposes done in accordance with laws in force.</li>
<li><strong>Principle 7: Security</strong> - Does the legislation/regulation ensure that information that is collected and processed under that Act, is done so in a manner that protects against loss, unauthorized access, destruction, etc.</li>
<li><strong>Principle 8: Openness</strong> - Does the legislation/regulation require that any entity processing data take all necessary steps to implement practices, procedures, policies and systems in a manner proportional to the scale, scope, and sensitivity to the data that is collected and processed and is this information made available to all individuals in an intelligible form, using clear and plain language?</li>
<li><strong>Principle 9: Accountability</strong> - Does the legislation/regulation provide for measures that ensure compliance of the privacy principles? This would include measures such as mechanisms to implement privacy policies; including tools, training, and education; and external and internal audits.</li></ul>
<p> </p>
<h2>Analysis of the Aadhaar Act</h2>
<p>The Aadhaar Act has been brought about to give legislative backing to the most ambitious individual identity programme in the world which aims to provide a unique identity number to the entire population of India. The rationale behind this scheme is to correctly identify the beneficiaries of government schemes and subsidies so that leakages in government subsidies may be reduced. In furtherance of this rationale the Aadhaar Act gives the Unique Identification Authority of India (“UIDAI”) the power to enroll individuals by collecting their demographic and biometric information and issuing an Aadhaar number to them. Below is an analysis of the Act based on the privacy principles enumerated I the A.P. Shah Committee Report.</p>
<h3>Collection Limitation</h3>
<p><strong>Collection of Biometric and Demographic Information:</strong> The Aadhaar Act entitles every “resident”
<strong>[1]</strong> to obtain an Aadhaar number by submitting his/her biometric (photograph, finger print, Iris scan) and demographic information (name, date of birth, address <strong>[2]</strong>) <strong>[3]</strong>. It must be noted that the Act leaves scope for further information to be included in the collection process if so specified by regulations. It must be noted that although the Act specifically provides what information can be collected, it does not specifically prohibit the collection of further information. This becomes relevant because it makes it possible for enrolling agencies to collect extra information relating to individuals without any legal implications of such act.</p>
<p><strong>Authentication Records:</strong> The UIDAI is mandated to maintain authentication records for a period which is yet to be specified (and shall be specified in the regulations) but it cannot collect or keep any information regarding the purpose for which the authentication request was made <strong>[4]</strong>.</p>
<p><strong>Unauthorized Collection:</strong> Any person who in not authorized to collect information under the Act, and pretends that he is authorized to do so, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to Rs. 10,000/- or both. In case of companies the maximum fine amount would be increased to Rs. 10,00,000/- <strong>[5]</strong>. It must be noted that the section, as it is currently worded seems to criminalize the act of impersonation of authorized individuals and the actual collection of information is not required to complete this offence. It is not clear if this section will apply if a person who is authorized to collect information under the Act in general, collects some information that he/she is not authorized to collect.</p>
<h3>Notice</h3>
<p><strong>Notice during Collection:</strong> The Aadhaar Act requires that the agencies enrolling people for distribution of Aadhaar numbers should give people notice regarding: (a) the manner in which the information shall be used; (b) the nature of recipients with whom the information is intended to be shared during authentication; and (c) the existence of a right to access information, the procedure for making requests for such access, and details of the person or department in-charge to whom such requests can be made <strong>[6]</strong>. A failure to comply with this requirement will make the agency liable for imprisonment of upto 3 years or a fine of Rs. 10,000/- or both. In case of companies the maximum fine amount would be increased to Rs. 10,00,000/- <strong>[7]</strong>. It must be noted that the Act leaves the manner of giving such notice in the realm of regulations and does not specify how this notice is to be provided, which leaves important specifics to the realm of the executive.</p>
<p><strong>Notice during Authentication:</strong> The Aadhaar Act requires that authenticating agencies shall give information to the individuals whose information is to be authenticated regarding (a) the nature of information that may be shared upon authentication; (b) the uses to which the information received during authentication may be put by the requesting entity; and (c) alternatives to submission of identity information to the requesting entity <strong>[8]</strong>. A failure to comply with this requirement will make the agency liable for imprisonment of upto 3 years or a fine of Rs. 10,000/- or both. In case of companies the maximum fine amount would be increased to Rs. 10,00,000/- <strong>[9]</strong>. Just as in the case of notice during collection, the manner in which the notice is required to be given is left to regulations leaving an unclear picture as to how comprehensive, accessible, and frequent this notice must be.</p>
<h3>Access and Correction</h3>
<p><strong>Updating Information:</strong> The Aadhaar Act give the UIDAI the power to require residents to update their demographic and biometric information from time to time so as to maintain its accuracy <strong>[10]</strong>.</p>
<p><strong>Access to Information:</strong> The Aadhaar Act provides that Aadhaar number holders may request the UIDAI to provide access to their identity information expect their core biometric information <strong>[11]</strong>. It is not clear why access to the core biometric information <strong>[12]</strong> is not provided to an individual. Further, since section 6 seems to place the responsibility of updation and accuracy of biometric information on the individual, it is not clear how a person is supposed to know that the biometric information contained in the database has changed if he/she does not have access to the same. It may also be noted that the Aadhaar Act provides only for a request to the UIDAI for access to the information and does not make access to the information a right of the individual, this would mean that it would be entirely upon the discretion of the UIDAI to refuse to grant access to the information once a request has been made.</p>
<p><strong>Alteration of Information:</strong> The Aadhaar Act gives individuals the right to request the UIDAI to alter their demographic if the same is incorrect or has changed and biometric information if it is lost or has changed. Upon receipt of such a request, if the UIDAI is satisfied, then it may make the necessary alteration and inform the individual accordingly. The Act also provides that no identity information in the Central database shall be altered except as provided in the regulations <strong>[13]</strong>. This section provides for alteration of identity information but only in the circumstances given in the section, for example demographic information cannot be changed if it has been lost, similarly biometric information cannot be changed if it is inaccurate. Further, the section does not give a right to the individual to get the information altered but only entitles him/her to request the UIDAI to make a change and the final decision is left to the “satisfaction” of the UIDAI.</p>
<p><strong>Access to Authentication Record:</strong> Every individual is given the right to obtain his/her authentication record in a manner to be specified by regulations. [14]</p>
<h3>Disclosure</h3>
<p><strong>Sharing during Authentication:</strong> The UIDAI is entitled to reply to any authentication query with a positive, negative or any other response which may be appropriate and may share identity information except core biometric information with the requesting entity <strong>[15]</strong>. The language in this provision is ambiguous and it is unclear what 'identity information' may be shared and why it would be necessary to share such information as Aadhaar is meant to be only a means of authentication so as to remove duplication.</p>
<p><strong>Potential Disclosure during Maintenance of CIDR:</strong> The UIDAI has been given the power to appoint any one or more entities to establish and maintain the Central Identities Data Repository (CIDR) <strong>[16]</strong>. If a private entity is involved in the maintenance and establishment of the CIDR it can be presumed that there is the possibilty that they would, to some degree, have access to the information stored in the CIDR, yet there are no clear standards in the Act regarding this potential access. And the process for appointing such entities. The fact that the UIDAI has been given the freedom to appoint an outside entity to maintain a sensitive asset such as the CIDR raises security concerns.</p>
<p><strong>Restriction on Sharing Information:</strong> The Aadhaar Act creates a blanket prohibition on the usage of core biometric information for any purpose other than generation of Aadhaar numbers and also prohibits its sharing for any reason whatsoever <strong>[17]</strong>. Other identity information is allowed to be shared in the manner specified under the Act or as may be specified in the regulations <strong>[18]</strong>. The Act further provides that the requesting entities shall not disclose the identity information except with the prior consent of the individual to whom the information relates <strong>[19]</strong>. There is also a prohibition on publicly displaying Aadhaar number or core biometric information except as specified by regulations <strong>[20]</strong>. Officers or the UIDAI or the employees of the agencies employed to maintain the CIDR are prohibited from revealing the information stored in the CIDR or authentication record to anyone <strong>[21]</strong>. It is not clear why an exception has been carved out and what circumstances would require publicly displaying Aadhaar numbers and core biometric information, especially since the reasons for which such important information may be displayed has been left up to regulations which have relatively less oversight. The section also provides the requesting entities with an option to further disclose information if they take consent of the individuals. This may lead to a situation where a requesting entity, perhaps the of an essential service, may take the consent of the individual to disclose his/her information in a standard form contract, without the option of saying no to such a request. It may lead to situations where the option is between giving consent to disclosure or denial or service altogether. For this reason it is necessary that there should be an opt in and opt out provision wherever a requesting entity has the power to ask for disclosure of information, so that people are not coerced into giving consent.</p>
<p><strong>Disclosure in Specific Cases:</strong> The prohibition on disclosure of information (except for core biometric information) does not apply in case of any disclosure made pursuant to an order of a court not below that of a District Judge <strong>[22]</strong>. There is another exception to the prohibition on disclosure of information (including core biometric information) in the interest of national security if so directed by an officer not below the rank of a Joint Secretary to the Government of India specially authorised in this behalf by an order of the Central Government. Before any such direction can take effect, it will be reviewed by an oversight committee consisting of the Cabinet Secretary and the Secretaries to the Government of India in the Department of Legal Affairs and the Department of Electronics and Information Technology. Any such direction shall be valid for a period of three months and may be extended by another three months after the review by the Oversight Committee <strong>[23]</strong>. Although this provision has been criticized, and rightly so, for the lack of accountability since the entire process is being handled within the executive and there is no independent oversight, however it must be mentioned that the level of oversight provided here is similar to that provided to interception requests, which involve a much graver if not the same level of invasion of privacy.</p>
<p><strong>Penalty for Disclosure:</strong> Any person who intentionally and in an unauthorized manner discloses, transmits, copies or otherwise disseminates any identity information collected in the course of enrolment or authentication shall be punishable with imprisonment of upto 3 years or a fine of Rs. 10,000/- or both. In case of companies the maximum fine amount would be increased to Rs. 10,00,000/ <strong>[24]</strong>. Further any person who intentionally and in an unathorised manner, accesses information in the CIDR <strong>[25]</strong>, downloads, copies or extracts any data from the CIDR <strong>[26]</strong>, or reveals or shares or distributes any identity information, shall be punishable with imprisonment of upto 3 years and a fine of not less than Rs. 10,00,000/-.</p>
<h3>Consent</h3>
<p><strong>Consent for Authentication:</strong> A requesting entity has to take the consent of the individual before collecting his/her identity information for the purposes of authentication and also has to inform the individual of the alternatives to submission of the identity information <strong>[27]</strong>. Although this provision requires entities to take consent from the individuals before collecting information for authentication, however how useful this requirement of consent would be, still remains to be seen. There may be instances where a requesting entity may take the consent of the individual in a standard form contract, without the individual realizing what he/she is consenting to.</p>
<p><strong>Note:</strong> The Aadhaar Act provides no requirement or standard for the form of consent that must be taken during enrollment. This is significant as it is the point at which individuals are providing raw biometric material and during previous enrollment, has been a point of weakness as the consent taken is an enabler to function creep as it allows the UIDAI to share information with engaged in delivery of welfare services <strong>[28]</strong>.</p>
<h3>Purpose</h3>
<p><strong>Use of Information:</strong> The authenticating entities are allowed to use the identity information only for the purpose of submission to the CIDR for authentication <strong>[29]</strong>. Further, the Act specifies that identity information available with a requesting entity shall not be used for any purpose other than that specified to the individual at the time of submitting the information for authentication <strong>[30]</strong>. The Act also provides that any authentication entity which uses the information for any purpose not already specified will be liable to punishment of imprisonment of upto 3 years or a fine of Rs. 10,000/- or both. In case of companies the maximum fine amount would be increased to Rs. 10,00,000/ <strong>[31]</strong>.</p>
<h3>Security</h3>
<p><strong>Security and Confidentiality of Information:</strong> It is the responsibility of the UIDAI to ensure the security and confidentiality of the identity and authentication information and it is required to take all necessary action to ensure that the information in the CIDR is protected against unauthorized access, use or disclosure and against accidental or intentional destruction, loss or damage <strong>[32]</strong>. The UIDAI is required to adopt and implement appropriate technical and organisational security measures and also ensure that its contractors do the same <strong>[33]</strong>. It is also required to ensure that the agreements entered into with its contractors impose the same conditions as are imposed on the UIDAI under the Act and that they shall act only upon the instructions of the UIDAI <strong>[34]</strong>.</p>
<p><strong>Biometric Information to be Electronic Record:</strong> The biometric information collected by the UIDAI has been deemed to be an “electronic record” as well as “sensitive personal data or information”, which would mean that in addition to the provisions of the Aadhaar Act, the provisions contained in the Information Technology Act, 2000 will also apply to such information <strong>[35]</strong>. It must be noted that while the Act lays down the principle that UIDAI is required to ensure the saecurity of the information, it does not lay down any guidelines as to the minimum security standards to be implemented by the Authority. However, through this section the legislature has linked the security standards contained in the IT Act to the information contained in this Act. While this is a clean way of dealing with the issue, some people may argue that the extremely sensitive nature of the information contained in the CIDR requires the standards for security to be much stricter than those provided in the IT Act. However, a perusal of Rule 8 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 shows that the Rules themselves provide that the standard of security must be commensurate with the information assets being protected. It would thus seem that the Act provides enough room to protect such important information, but perhaps leaves too much room for interpretation for such an important issue.</p>
<p><strong>Penalty for Unauthorised Access:</strong> Apart from the security provisions included in the legislation, the Aadhaar Act also provides for punishment of imprisonment of upto 3 years and a fine which shall not be less than Rs. 10,00,000/-, in case of the following offences:</p>
<ol><li>introduction of any virus or other computer contaminant in the CIDR <strong>[36]</strong>;</li>
<li>causing damage to the data in the CIDR <strong>[37]</strong>;</li>
<li>disruption of access to the CIDR <strong>[38]</strong>;</li>
<li>denial of access to any person who is authorised to access the CIDR <strong>[39]</strong>;</li>
<li>destruction, deletion or alteration of any information stored in any removable storage media or in the CIDR or diminishing its value or utility or affecting it injuriously by any means <strong>[40]</strong>;</li>
<li>stealing, concealing, destroying or altering any computer source code used by the Authority with an intention to cause damage <strong>[41]</strong>.</li></ol>
<p>Further, unauthorized usage or tampering with the data in the CIDR or in any removable storage medium with the intent of modifying information relating to Aadhaar number holder or discovering any information thereof, is also punishable with imprisonment for a term which may extend to 3 years and also a fine which may extend to Rs. 10,000/- <strong>[42]</strong>.</p>
<h3>Accountability</h3>
<p><strong>Inspections and Audits:</strong> One of the functions listed in the powers and functions of the UIDAI is the power to call for information and records, conduct inspections, inquiries and audit of the operations of the CIDR, Registrars, enrolling agencies and other agencies appointed under the Aadhaar Act <strong>[43]</strong>.</p>
<p><strong>Grievance Redressal:</strong> Another function of the UIDAI is to set up facilitation centres and grievance redressal mechanisms for redressal of grievances of individuals, Registrars, enrolling agencies and other service providers <strong>[44]</strong>. It must be said here that considering the importance that the government has given to and intends to give to Aadhaar in the future, an essential task such as grievance redressal should not be left entirely to the discretion of the UIDAI and some grievance redressal mechanism should be incorporated into the Act itself.</p>
<h3>Openness</h3>
<p>There does not seem to be any provision in the Aadhaar Act which requires the UIDAI to make its privacy policies and procedure available to the public in general even though the UIDAI has the responsibility to maintain the security and confidentiality of the information.</p>
<p> </p>
<h2>Endnotes</h2>
<p><strong>[1]</strong> A resident is defined as any person who has resided in India for a period of atleasy 182 days in the previous 12 months.</p>
<p><strong>[2]</strong> It has been specified that demographic information will not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history.</p>
<p><strong>[3]</strong> Section 3(1) of the Aadhaar Act.</p>
<p><strong>[4]</strong> Section 32(1) and 32(3) of the Aadhaar Act.</p>
<p><strong>[5]</strong> Section 36 of the Aadhaar Act.</p>
<p><strong>[6]</strong> Section 3(2) of the Aadhaar Act.</p>
<p><strong>[7]</strong> Section 41 of the Aadhaar Act.</p>
<p><strong>[8]</strong> Section 8(3) of the Aadhaar Act.</p>
<p><strong>[9]</strong> Section 41 of the Aadhaar Act.</p>
<p><strong>[10]</strong> Section 6 of the Aadhaar Act.</p>
<p><strong>[11]</strong> Section 28, <em>proviso</em> of the Aadhaar Act.</p>
<p><strong>[12]</strong> Core biometric information is defined as fingerprints, iris scan or other biological attributes which may be specified by regulations.</p>
<p><strong>[13]</strong> Section 31 of the Aadhaar Act.</p>
<p><strong>[14]</strong> Section 32(2) of the Aadhaar Act.</p>
<p><strong>[15]</strong> Section 8(4) of the Aadhaar Act.</p>
<p><strong>[16]</strong> Section 10 of the Aadhaar Act.</p>
<p><strong>[17]</strong> Section 29(1) of the Aadhaar Act.</p>
<p><strong>[18]</strong> Section 29(2) of the Aadhaar Act.</p>
<p><strong>[19]</strong> Section 29(3)(b) of the Aadhaar Act.</p>
<p><strong>[20]</strong> Section 29(4) of the Aadhaar Act.</p>
<p><strong>[21]</strong> Section 28(5) of the Aadhaar Act.</p>
<p><strong>[22]</strong> Section 33(1) of the Aadhaar Act.</p>
<p><strong>[23]</strong> Section 33(2) of the Aadhaar Act.</p>
<p><strong>[24]</strong> Section 37 of the Aadhaar Act.</p>
<p><strong>[25]</strong> Section 38(a) of the Aadhaar Act.</p>
<p><strong>[26]</strong> Section 38(b) of the Aadhaar Act.</p>
<p><strong>[27]</strong> Section 8(2)(a) and (c) of the Aadhaar Act.</p>
<p><strong>[28]</strong> For example, see: <a href="http://www.karnataka.gov.in/aadhaar/Downloads/Application%20form%20-%20English.pdf">http://www.karnataka.gov.in/aadhaar/Downloads /Application%20form%20-%20English.pdf</a>.</p>
<p><strong>[29]</strong> Section 8(2)(b) of the Aadhaar Act.</p>
<p><strong>[30]</strong> Section 29(3)(a) of the Aadhaar Act.</p>
<p><strong>[31]</strong> Section 37 of the Aadhaar Act.</p>
<p><strong>[32]</strong> Section 28(1), (2) and (3) of the Aadhaar Act.</p>
<p><strong>[33]</strong> Section 28(4)(a) and (b) of the Aadhaar Act.</p>
<p><strong>[34]</strong> Section 28(4)(c) of the Aadhaar Act.</p>
<p><strong>[35]</strong> Section 30 of the Aadhaar Act.</p>
<p><strong>[36]</strong> Section 38(c) of the Aadhaar Act.</p>
<p><strong>[37]</strong> Section 38(d) of the Aadhaar Act.</p>
<p><strong>[38]</strong> Section 38(e) of the Aadhaar Act.</p>
<p><strong>[39]</strong> Section 38(f) of the Aadhaar Act.</p>
<p><strong>[40]</strong> Section 38(h) of the Aadhaar Act.</p>
<p><strong>[41]</strong> Section 38(i) of the Aadhaar Act.</p>
<p><strong>[42]</strong> Section 39 of the Aadhaar Act.</p>
<p><strong>[43]</strong> Section 23(2)(l) of the Aadhaar Act.</p>
<p><strong>[44]</strong> Section 23(2)(s) of the Aadhaar Act.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/analysis-of-aadhaar-act-in-context-of-shah-committee-principles'>https://cis-india.org/internet-governance/blog/analysis-of-aadhaar-act-in-context-of-shah-committee-principles</a>
</p>
No publisherVipul KharbandaBig DataPrivacyInternet GovernanceFeaturedDigital IndiaAadhaarBiometricsHomepage2016-03-17T19:43:53ZBlog EntryFueling the Affordable Smartphone Revolution in India
https://cis-india.org/a2k/blogs/digital-asia-hub-the-good-life-in-asias-21-st-century-anubha-sinha-fueling-the-affordable-smartphone-revolution-in-india
<b>Smartphones have emerged as the exemplar of mankind's quest for shrinking technologies. They embody the realization of a simple premise – that computing devices would do more and cost less. This realization has been responsible for modern society's profound transformations in communication, governance, and knowledge distribution.</b>
<p>The essay was published as part of the <a class="external-link" href="http://www.digitalasiahub.org/thegoodlife/">The Good Life in Asia's Digital 21st Century essay collection</a>.</p>
<hr />
<p style="text-align: justify; ">The launch of the iPhone in 2007 is often credited with ushering in an era of smartphones. Ever since, the world's best tech R&D has focused on increasing the capabilities of these devices. And as a result, less than a decade later, we have sub-hundred dollar smartphones. The low-cost smartphone has found an enthusiastic and insatiable market in developing countries, especially Asia. India is no exception to the Asian narrative – Micromax, Spice, and Lava (low cost smartphone manufacturers) are household names in the Indian smartphone market, which accounted for 65% of internet traffic in 2014 (Meeker, 2015).</p>
<p style="text-align: justify; ">The Indian Prime Minister, carrying the twin aspirations of catalyzing the growth of indigenous manufacturing and bridging the digital divide, launched the “Digital India” and “Make in India” campaigns last year. During his US visit, Google, Apple, Microsoft, Facebook extended their support to the campaigns' vision (Guynn, 2011). The campaigns outline the government's elaborate initiatives to, inter alia, bridge the digital divide and build indigenous manufacturing capacity. While all these developments bode well for the indigenous smartphone, there remain some serious concerns affecting the growth of the industry – for instance, patent infringement litigations and the absence of clear legal and regulatory solutions.</p>
<p style="text-align: justify; ">From the state of the industry and its implications, it can be concluded that: first, growing access to smartphones has been influenced by their phenomenal affordability; second, smartphones are an excellent example of technology for development (UNDP, 2001) and a facilitator of access to knowledge; and third, domestic smartphone production has occurred in an imprecise legal and regulatory environment.</p>
<p style="text-align: justify; ">This essay attempts to build an appreciation for the role that smartphones are playing in development, specifically, by fostering Access to Knowledge. Conversations around development by public-interest groups and emerging industries often espouse Access to Knowledge to address concerns in international development, communications, technology, education, and intellectual property policy. Whereas the principle can be regarded as in-theworks, two theories inform us about the role of mobile phones in fostering Access to Knowledge. Lea Sheaver's theory classifies mobile as an Access-toKnowledge good. Lea enumerates the five key components of a robust Access to Knowledge framework, viz., education for information literacy, access to the global knowledge commons, access to knowledge goods, an enabling legal framework, and effective innovation systems (Sheaver, 2007). According to her, affordability of the good is the ultimate indicator of its efficacy as an access to knowledge good. Furthermore, inventions in microchip technology, electronics manufacturing, and software need to be supported by enabling legal and policy frameworks coupled with effective innovation systems.</p>
<p style="text-align: justify; ">Yochai Benkler's framework classifies mobile-devices as both informationembedded goods and information-embedded tools (Benkler, 2006). He says, “Information-embedded goods are those goods which are ‘better, more plentiful or cheaper because of some technological advance embedded in them or associated with their production,’ such as medicines, movies, and improved crop seed. Information-embedded tools, in turn, are those technologies necessary for research, innovation, and communication of knowledge” (Benkler, 2006). A smartphone qualifies as both because it can be used to obtain knowledge, and it depends on discoveries in microchip technology, electronics manufacturing, and software to function.</p>
<p style="text-align: justify; ">To date, there has been no formal, theoretical or evidentiary investigation on the emergence of smartphones as an Access-to-Knowledge good. In the following sections, I will attempt to explain the smartphone’s dependence on an enabling legal framework and effective innovation systems (Lea's components). It must be borne in mind that globally, discussions affecting access to knowledge have aimed at creating balanced and inclusive systems related to intellectual property (Kapczynski & Krikorian, 2010). Therefore, the essay will focus on: first, the relationship between constituent mobile technologies and intellectual property as a function of production/deployment of smartphones in India; and second, the relationship between innovation and access.</p>
<h3 style="text-align: justify; ">Creating an Enabling Legal Framework to Foster Access to Knowledge</h3>
<p style="text-align: justify; ">The adage “the only lesson you can learn from history is that it repeats itself” is worth bearing in our narrative. The emergence of the smartphones industry in Asia has commonalities with the flourishing Asian piracy trade – which remains an essential access solution for low-income societies constantly barraged by expensive western media goods. The prohibitive cost of acquiring brand-name devices (e.g. Apple, HTC, Samsung, Sony) drove local production to imitate and innovate cheaper substitutes (WIPO, 2010). This occurred within the lenient and flexible intellectual property regimes prevalent in Asian countries, which continue to be constantly criticized for their failure to enact stricter intellectual property law. The hubs of smartphone production – China, Taiwan, and India – have flexible intellectual property protection law and lax enforcement measures (Centre for Internet and Society, 2012).</p>
<p style="text-align: justify; ">Concerns of intellectual property center around patent and copyright legislation, which have yet to be fully developed to address intellectual property in high-tech industries (since trademark issues remain unchanged, they will not be discussed in the essay.) As a result, constituent smartphone technologies have been shaped and governed by a blend of formal and informal rules and legal and illegal practices. This is why they are often referred to as “gray market” technologies. A smartphone in terms of constituent intellectual property can be broadly divided into hardware and software technologies. This piece will first deal with hardware, followed by software technologies.</p>
<h3 style="text-align: justify; ">Hardware Technologies and Their Relationship with IP Law</h3>
<p style="text-align: justify; ">Presently, most Indian manufacturers import hardware from China and Taiwan, and assemble the phones in India. A few key Indian domestic players are Maxx Mobile, Intex, Spice, and Lava, whose dominance have not gone unnoticed by foreign manufacturers. A couple of these domestic manufacturers are now embroiled in patent litigation threats or infringement suits. And as litigation piles up in Indian courts, the judiciary is slowly waking up to mobile patent litigation, but is yet to rule comprehensively. To make matters worse, the jurisdiction of the Indian antitrust regulator remains unclear, and to a certain extent overlaps with the judiciary, adding to the ambiguity. For instance, when an appellate court ruled in favor of the Swedish tech-giant Ericsson, it ordered Micromax to pay a flat 1.25 – 2% of its devices' selling price to Ericsson (Lakshane, 2015). The ruling was devoid of a more rational and reasoned approach developed by courts of other jurisdictions in similar matters, which prescribed that the infringers pay damages based on the price of the patented components only, and not the retail price of the phones. This decision risks causing a significant increase in the price of phones and potentially threatens local innovation.</p>
<p style="text-align: justify; ">The Indian government's Make in India and Digital India campaigns aim to fulfill the vision of a digitally empowered India, and the 2015 Indian Union budget also targets boosting the electronics manufacturing industry. Despite these broad initiatives, there needs to be a more focused policy in place to ensure domestic companies do not get weighed down by patent related concerns. The root cause of litigation is the vesting of a majority of critical mobile patents (Standard Essential Patents, or SEPs) by a handful tech-giants. For instance, Qualcomm owns 5700 patents around CDMA technology (qualcomm.com). In another instance, the DVD format constitutes 311 SEPs for DVD players and 272 SEPs for DVD recorders (CIS, 2012). Such a dense concentration of patents around SEPs creates a patent thicket and thereby compels Smartphone manufacturers to acquire multiple licenses, and to pay high transaction costs and huge royalties to the owner. To reduce conflict and protect domestic players from being arm-twisted into paying high royalties, the government can potentially identify critical technologies and initiate the formation of a patent pool of such technologies. The concept of a patent pool mandates that the patent holders issue licenses on fair, reasonable, and nondiscriminatory basis to interested parties. However, a nuanced and cautious approach to setting up such pools is necessary (Shapiro, 2001).</p>
<p style="text-align: justify; ">There are interesting lessons in China's steps to encourage local innovation of Smartphone hardware as well, specifically in the form of standardized technologies. The Chinese government has actively supported the development of indigenous standards to shield domestic manufacturers from royalty exposure. In fact, the China Blue High-definition Disc (CBHD) standard was built as an alternative to the Blu-ray disc and was duly adopted by the Chinese government, which reportedly caused the royalty rates for the Blu-ray format to dip. Much later, Warner Bros, Paramount, and other motion picture producers adopted the CBHD standard as well for distribution in China.</p>
<h3 style="text-align: justify; ">Software Technologies and Their Relationship with IP Law</h3>
<p style="text-align: justify; ">Unlike hardware technology, where India is struggling to build manufacturing capacity, the success of the Indian software industry has already been realized. The software-as-a-service (SaAS) industry is led by Infosys, TCS, and Wipro in software exports. The prevailing trend in the industry since the 1980s was to assign ownership of their products to offshore clients. However, in the past decade, there has been a conscious shift by the Indian software development workforce to build products for Smartphone platforms. This is in response to the shift in local populations to accessing content and services online. Reports indicate that India has the second largest population of mobile applications developers (approx. 3 million) in the world, second only to the US (Livemint, 2015). The Indian government has recognized the potential of mobile application-based ventures and created funds to encourage app development in India (IAMAI, 2015).</p>
<p style="text-align: justify; ">Intellectual property protection around software is fairly ambiguous. A piece of code is potentially capable of gaining both patent and copyright protection. In the area of mobile application development, preliminary research findings indicate that coding occurs with an agnostic attitude towards intellectual property laws (Cassar, 2014). One of the reasons is ambiguity on a multitude of issues around the protection of software because Indian legislation on patent and copyright is frustratingly insufficient. There is a growing discontentment about long-term patent protection over software code, which could be detrimental to innovation – particularly, to the start-up segment of software industry. In more technologically advanced economies, software patenting has emerged as a scourge – last year, the US Supreme Court in Alice Corporation Pty Ltd v. CLS Bank International Et Al narrowed the eligibility of software inventions to gain patent protection. The activist discourse has shifted in favor of eliminating software patenting because of the incremental and obsolescent nature of a software invention, inter alia (Lapowsky, 2015). However, in a recent disappointing move, the Indian patent office widened the scope of patent-eligible subject matter for software-related inventions – a move that was decried by free software activists and industry alike. This widening of scope can only benefit tech-giants in building bigger patent portfolios, which is unnecessary and unhealthy for innovation by small and mid-tier entities (Sinha, 2015).</p>
<h3 style="text-align: justify; ">Effective Innovation Systems</h3>
<p style="text-align: justify; ">Innovation ensures fresh creation of knowledge. A society cannot premise itself on the mere importation of knowledge; it must also strive to use the knowledge to meet its own local needs and environment. Innovation depends on a variety of factors – there is no singular path or factor to build an innovative and enterprising society. The patent system is often incorrectly credited with “promoting” innovation. The discourse around innovation was extremely patent-centric until studies disproved the assumptive correlation between high patenting activity and innovation. Continuing in the same vein, Lea states, “From the A2K perspective, however, relying on patents – which represent the right to exclude others from access to the innovation – is particularly problematic. Patents likely represent the segment of innovation of least value for expanding access to knowledge: improvements in the knowledge stock whose application is limited by exclusive property rights” (Shaver, 2007).</p>
<p style="text-align: justify; ">In this framework, it is also important to shed light on the growing movement of openness. Openness as a movement has been captured by various fields - Big data, software, education, media, etc. Free and Open Source Software has emerged as a key agent in information technology policy-making in India, with the Indian government adopting an open standards policy and an open software policy for its own purposes.</p>
<p style="text-align: justify; ">In the context of smartphone technologies, preliminary findings also support the shift towards openness (Huang, 2014). Industry participants have observed that openness will lead to greater benefits in private production of hardware technologies. Similarly, mobile applications developers have also voiced support of open source software (Cassar, 2014).</p>
<h3 style="text-align: justify; ">Conclusion</h3>
<p style="text-align: justify; ">The discussion above identified a limited set of legal and regulatory concerns affecting the state of production/deployment of smartphones in India. These issues and findings are backed by preliminary research, and purport to sustain the emergence of the smartphone as an enabler of access to knowledge. The proposed solutions direct industry and the government alike to take immediate steps to fix problems impeding pervasive access to this knowledge good.</p>
<p style="text-align: justify; ">The experience of the smartphone industry with an imprecise legal and regulatory environment, akin to piracy, has thus far been a success story of affordability, quality substitution, and innovation. However, this narrative is now threatened by messy litigation, jurisdictional uncertainties between the anti-trust regulator and judicial system, SEP licensing issues, rise of software patents, inter alia. Despite these issues, the industry continues to grow. The future of access to knowledge is therefore bright, provided that stakeholders make efforts to meet the needs of this emerging industry and the public, including development and consumer interests.</p>
<hr />
<p><strong> References / Links / Resources</strong></p>
<ol>
<li>Benkler, Y. (2006). The Wealth Of Networks: How Social Production Transforms Markets And Freedom. Retrieved from http://www.benkler.org/wealth_of_networks/index.php?title=Chapter_9%2C_section_3.</li>
<li>Cassar, S. (2014). Interviews with App Developers: Open Source, Community, and Contradictions – Part III. Retrieved from: http://cis-india.org/a2k/blogs/interviews-with-app-developers-open-sourcecommunity-and-contradictions-iii</li>
<li>Cassar, S. (2014) Ambiguity in the App Store: Understanding India’s emerging IT sector in light of IP. Retrieved from http://cis-india.org/a2k/blogs/ambiguity-in-the-app-store</li>
<li>Centre for Internet and Society, Pervasive Technologies: Access to Knowledge in the Marketplace(2012, September). Retrieved from http://cis-india.org/a2k/pervasive-technologies-research-proposal.pdf/view</li>
<li>Guynn, J. (2015, September 28). Facebook, Silicon Valley like Indian Prime Minister Narendra Modi. Retrieved from http://www.usatoday.com/story/tech/2015/09/27/narendra-modi-india-facebook-markzuckerberg-google-sundar-pichai-silicon-valley/72936544/</li>
<li>Huang, M. (2014). [Open] Innovation and Expertise > Patent Protection & Trolls in a Broken Patent Regime (Interviews with Semiconductor Industry - Part 3). Retrieved from: http://cis-india.org/a2k/blogs/ interviews-with-semi-conductor-industry-part-3</li>
<li>IAMAI (2015). An inquiry into India's app economy.</li>
<li>Kapczynski, A., Krikorian, G., (2010). Access to Knowledge in the Age of Intellectual Property. Retrieved from: https://mitpress.mit.edu/sites/default/files/titles/free_download/9781890951962_Access_to_ Knowledge_in_the_Age_of_Intellectual_Property.pdf</li>
<li>Lakshane, R. (2015, September). FAQ: CIS Proposal for Compulsory Licensing of Critical Mobile Technologies. Retrieved from: http://cis-india.org/a2k/blogs/faq-cis-proposal-for-compulsory-licensing-ofcritical-mobile-technologies</li>
<li>Lakshane, R. (2015, February). Open Letter to Prime Minister Modi. Retrieved from: http://cis-india.org/ a2k/blogs/open-letter-to-prime-minister-modi</li>
<li>Lapowsky, I. (2015, February). If You Want to Fix Software Patents, Eliminate Software Patents. Retrieved from https://www.eff.org/mention/follow-wired-twitter-facebook-rss-eff-if-you-want-fix-software-patentseliminate-software</li>
<li>Meeker, M. (2015). 2015 Internet Trends. Retrieved from http://www.kpcb.com/partner/mary-meeker</li>
<li>PTI (2015). Google aims to make India a hub for app development. Livemint. Retrieved from: http:// www.livemint.com/Industry/rwWUfp30YezONe0WnM1TIO/Google-aims-to-make-India-a-hub-for-appdevelopment.html</li>
<li>Qualcomm Enters Into CDMA Modem Card License Agreement with Seiko Instruments Incorporated. (n.d.). Retrieved November 13, 2015, from https://www.qualcomm.com/news/releases/2000/06/20/ qualcomm-enters-cdma-modem-card-license-agreement-seiko-instruments</li>
<li>Shapiro, C. (2001). Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting. Innovation Policy and the Economy, 1, 119-150. Retrieved from: http://www.nber.org/chapters/c10778.pdf</li>
<li>Shaver, L. (2007). Defining and Measuring Access to Knowledge: Towards an A2K Index. Faculty Scholarship Series. Paper 22. retrieved from: http://digitalcommons.law.yale.edu/fss_papers/22</li>
<li>Sinha, A. (2015). Comments on the Guidelines for Examination of Computer Related Inventions (CRIs). Retrieved from http://cis-india.org/a2k/blogs/comments-on-the-guidelines-for-examination-of-computerrelated-inventions-cris</li>
<li>United Nations Development Programme, Human Development Report 2001: Making New Technologies Work for Human Development (2001). Retrieved from http://hdr.undp.org/reports/global/2001/en/</li>
<li>World Intellectual Property Organisation. (2010, Dec 1-2). Media Piracy in Emerging Economies: Price, Market Structure and Consumer Behavior. Retrieved from the WIPO website: http://www.wipo.int/edocs/ mdocs/enforcement/en/wipo_ace_6/wipo_ace_6_5.pdf</li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/digital-asia-hub-the-good-life-in-asias-21-st-century-anubha-sinha-fueling-the-affordable-smartphone-revolution-in-india'>https://cis-india.org/a2k/blogs/digital-asia-hub-the-good-life-in-asias-21-st-century-anubha-sinha-fueling-the-affordable-smartphone-revolution-in-india</a>
</p>
No publishersinhaFeaturedIntellectual Property RightsAccess to KnowledgePervasive Technologies2016-03-16T15:23:43ZBlog EntryList of Recommendations on the Aadhaar Bill, 2016 - Letter Submitted to the Members of Parliament
https://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016
<b>On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and
Assembly. Based on these concerns, and numerous others, we submitted an initial list of recommendations to the Members of Parliaments to highlight the aspects of the Bill that require immediate attention.</b>
<p> </p>
<h4>Download the submission letter: <a href="https://github.com/cis-india/website/raw/master/docs/CIS_Aadhaar-Bill-2016_List-of-Recommendations_2016.03.16.pdf">PDF</a>.</h4>
<p> </p>
<h3>Text of the Submission</h3>
<p>On Friday, March 11, the Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. The Bill was introduced as a money bill and there was no public consultation to evaluate the provisions therein even though there are very serious ramifications for the Right to Privacy and the Right to Association and Assembly. The Bill has made it compulsory for all Indian to enroll for Aadhaar in order to receive any subsidy, benefit, or service from the Government whose expenditure is incurred from the Consolidate Fund of India. Apart from the issue of centralisation of the national biometric database leading to a deep national vulnerability, the Bill also keeps unaddressed two serious concerns regarding the technological framework concerned:</p>
<ul><li><strong>Identification without Consent:</strong> Before the Aadhaar project it was not possible for the Indian government or any private entity to identify citizens (and all residents) without their consent. But biometrics allow for non-consensual and covert identification and authentication. The only way to fix this is to change the technology configuration and architecture of the project. The law cannot be used to correct the problems in the technological design of the project.<br /><br /></li>
<li><strong>Fallible Technology:</strong> The Biometrics Standards Committee of UIDAI has acknowledged the lack of data on how a biometric authentication technology will scale up where the population is about 1.2 billion. The technology has been tested and found feasible only for a population of 200 million. Further, a report by 4G Identity Solutions estimates that while in any population, approximately 5% of the people have unreadable fingerprints, in India it could lead to a failure to enroll up to 15% of the population. For the current Indian population of 1.2 billion the expected proportion of duplicates is 1/121, a ratio which is far too high. <strong>[1]</strong></li></ul>
<p>Based on these concerns, and numerous others, we sincerely request you to ensure that the Bill is rigorously discussed in Rajya Sabha, in public, and, if needed, also by a Parliamentary Standing Committee, before considering its approval and implementation. Towards this, we humbly submit an initial list of recommendations to highlight the aspects of the Bill that require immediate attention:</p>
<ol><li><strong>Implement the Recommendations of the Shah and Sinha Committees:</strong> The report by the Group of Experts on Privacy chaired by the Former Chief Justice A P Shah <strong>[2]</strong> and the report by the Parliamentary Standing Committee on Finance (2011-2012) chaired by Shri Yashwant Sinha <strong>[3]</strong> have suggested a rigorous and extensive range of recommendations on the Aadhaar / UIDAI / NIAI project and the National Identification Authority of India Bill, 2010 from which the majority sections of the Aadhaar Bill, 2016, are drawn. We request that these recommendations are seriously considered and incorporated into the Aadhaar Bill, 2016.<br /><br /></li>
<li><strong>Authentication using the Aadhaar number for receiving government subsidies, benefits, and services cannot be made mandatory:</strong> Section 7 of the Aadhaar Bill, 2016, states that authentication of the person using her/his Aadhaar number can be made mandatory for the purpose of disbursement of government subsidies, benefits, and services; and in case the person does not have an Aadhaar number, s/he will have to apply for Aadhaar enrolment. This sharply contradicts the claims made by UIDAI earlier that the Aadhaar number is “optional, and not mandatory”, and more importantly the directive given by the Supreme Court (via order dated August 11, 2015). The Bill must explicitly state that the Aadhaar number is only optional, and not mandatory, and a person without an Aadhaar number cannot be denied any democratic rights, and public subsidies, benefits, and services, and any private services.<br /><br /></li>
<li><strong>Vulnerabilities in the Enrolment Process:</strong> The Bill does not address already documented issues in the enrolment process. In the absence of an exhaustive list of information to be collected, some Registrars are permitted to collect extra and unnecessary information. Also, storage of data for elongated periods with Enrollment agencies creates security risks. These vulnerabilities need to be prevented through specific provisions. It should also be mandated for all entities including the Enrolment Agencies, Registrars, CIDR and the requesting entities to shift to secure system like PKI based cryptography to ensure secure method of data transfer.<br /><br /></li>
<li><strong>Precisely Define and Provide Legal Framework for Collection and Sharing of Biometric Data of Citizens:</strong> The Bill defines “biometric information” is defined to include within its scope “photograph, fingerprint, iris scan, or other such biological attributes of an individual.” This definition gives broad and sweeping discretionary power to the UIDAI / Central Government to increase the scope of the term. The definition should be exhaustive in its scope so that a legislative act is required to modify it in any way.<br /><br /></li>
<li><strong>Prohibit Central Storage of Biometrics Data:</strong> The presence of central storage of sensitive personal information of all residents in one place creates a grave security risk. Even with the most enhanced security measures in place, the quantum of damage in case of a breach is extremely high. Therefore, storage of biometrics must be allowed only on the smart cards that are issued to the residents.<br /><br /></li>
<li><strong>Chain of Trust Model and Audit Trail:</strong> As one of the objects of the legislation is to provide targeted services to beneficiaries and reduce corruption, there should be more accountability measures in place. A chain of trust model must be incorporated in the process of enrolment where individuals and organisations vouch for individuals so that when a ghost is introduced someone has can be held accountable blame is not placed simply on the technology. This is especially important in light of the questions already raised about the deduplication technology. Further, there should be a transparent audit trail made available that allows public access to use of Aadhaar for combating corruption in the supply chain.<br /><br /></li>
<li><strong>Rights of Residents:</strong> There should be specific provisions dealing with cases where an individual is not issued an Aadhaar number or denied access to benefits due to any other factor. Additionally, the Bill should make provisions for residents to access and correct information collected from them, to be notified of data breaches and legal access to information by the Government or its agencies, as matter of right. Further, along with the obligations in Section 8, it should also be mandatory for all requesting entities to notify the individuals of any changes in privacy policy, and providing a mechanism to opt-out.<br /><br /></li>
<li><strong>Establish Appropriate Oversight Mechanisms:</strong> Section 33 currently specifies a procedure for oversight by a committee, however, there are no substantive provisions laid down that shall act as the guiding principles for such oversight mechanisms. The provision should include data minimisation, and “necessity and proportionality” principles as guiding principles for any exceptions to Section 29.<br /><br /></li>
<li><strong>Establish Grievance Redressal and Review Mechanisms:</strong> Currently, there are no grievance redressal mechanism created under the Bill. The power to set up such a mechanism is delegated to the UIDAI under Section 23 (2) (s) of the Bill. However, making the entity administering a project, also responsible for providing for the frameworks to address the grievances arising from the project, severely compromises the independence of the grievance redressal body. An independent national grievance redressal body with state and district level bodies under it, should be set up. Further, the NIAI Bill, 2010, provided for establishing an Identity Review Committee to monitor the usage pattern of Aadhaar numbers. This has been removed in the Aadhaar Bill 2016, and must be restored.</li></ol>
<p> </p>
<h3>Endnotes</h3>
<p><strong>[1]</strong> See: <a href="http://cis-india.org/internet-governance/blog/Flaws_in_the_UIDAI_Process_0.pdf.">http://cis-india.org/internet-governance/blog/Flaws_in_the_UIDAI_Process_0.pdf</a>.</p>
<p><strong>[2]</strong> See: <a href="http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf">http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf</a>.</p>
<p><strong>[3]</strong> See: <a href="http://164.100.47.134/lsscommittee/Finance/15_Finance_42.pdf">http://164.100.47.134/lsscommittee/Finance/15_Finance_42.pdf</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016'>https://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016</a>
</p>
No publisherAmber Sinha, Sumandro Chattapadhyay, Sunil Abraham, and Vanya RakeshUIDBig DataPrivacyInternet GovernanceFeaturedDigital IndiaAadhaarBiometricsHomepage2016-03-21T08:50:09ZBlog EntryFlaws in the UIDAI Process
https://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process
<b>The accuracy of biometric identification depends on the chance of a false positive: the probability that the identifiers of two persons will match. Individuals whose identifiers match might be termed duplicands. When very many people are to be identified success can be measured by the (low) proportion of duplicands. The Government of India is engaged upon biometrically identifying the entire population of India. An experiment performed at an early stage of the programme has allowed us to estimate the chance of a false positive: and from that to estimate the proportion of duplicands. For the current population of 1.2 billion the expected proportion of duplicands is 1/121, a ratio which is far too high. </b>
<p style="text-align: justify; ">The article was published in <a class="external-link" href="http://www.epw.in/journal/2016/9/special-articles/flaws-uidai-process.html">Economic & Political Weekly</a>, Journal » Vol. 51, Issue No. 9, 27 Feb, 2016.</p>
<hr />
<p style="text-align: justify; ">A legal challenge is being mounted in the Supreme Court, currently, to the programme of biometric identification that the Unique Identification Authority of India (UIDAI) is engaged upon: an identification preliminary and a requisite to providing citizens with “Aadhaar numbers” that can serve them as “unique identifiers” in their transactions with the state. What follows will recount an assessment of their chances of success. We shall be using data that was available to the UIDAI and shall employ only elementary ways of calculation. It should be recorded immediately that an earlier technical paper by the author (Mathews 2013) has been of some use to the plaintiffs, and reference will be made to that in due course.</p>
<p style="text-align: justify; ">The Aadhaar numbers themselves may or may not derive, in some way, from the biometrics in question; the question is not material here. For our purposes a biometric is a numerical representation of some organic feature: like the iris or the retina, for instance, or the inside of a finger, or the hand taken whole even. We shall consider them in some more detail later. The UIDAI is using fingerprints and iris images to generate a combination of biometrics for each individual. This paper bears on the accuracy of the composite biometric identifier. How well those composites will distinguish between individuals can be assessed, actually, using the results of an experiment conducted by the UIDAI itself in the very early stages of its operation; and our contention is that, from those results themselves, the UIDAI should have been able to estimate <i>how many individuals would have their biometric identifiers matching those of some other person</i>, under the best of circumstances even, when any good part of population has been identified.</p>
<hr />
<p style="text-align: justify; "><a class="external-link" href="http://cis-india.org/internet-governance/blog/Flaws_in_the_UIDAI_Process_0.pdf">Read the full article here</a>.</p>
<hr />
<p style="text-align: justify; "><i>The author thanks Nico Temme of the Centrum Wiskunde & Informatica in The Netherlands for the bounds he derived on the chance of a false positive. He is particularly grateful to the anonymous referee of this journal who, through two rounds of comment, has very much improved the presentation of the results. A technical supplement to this paper is placed on the EPW website along with this paper</i>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process'>https://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process</a>
</p>
No publisherhansUIDPrivacyInternet GovernanceFeaturedAadhaarHomepage2016-03-06T10:40:59ZBlog EntryComments by the Centre for Internet and Society on the Report of the Committee on Medium Term Path on Financial Inclusion
https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion
<b>Apart from item-specific suggestions, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.</b>
<p> </p>
<p style="text-align: justify;">The Centre for Internet and Society (CIS) is a non-governmental organization which undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives.</p>
<p style="text-align: justify;">In the course of its work CIS has also extensively researched and witten about the Aadhaar Scheme of the Government of India, specially from a privacy and technical point of view. CIS was part of the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee and was instrumental in drafting a major part of the report of the Group. In this background CIS would like to mention that it is neither an expert on banking policy in general nor wishes to comment upon the purely banking related recommendations of the Committee. We would like to limit our recommendations to the areas in which we have some expertise and would therefore be commenting only on certain Recommendations of the Committee.</p>
<p style="text-align: justify;">Before giving our individual comments on the relevant recommendations, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.</p>
<p style="text-align: justify;">Another problem with linking bank accounts with Aadhaar numbers, even if it is not mandatory, is that when the RBI issues an advisory to (optionally) link Aadhaar numbers with bank accounts, a number of banks may implement the advisory too strictly and refuse service to customers (especially marginal customers) whose bank accounts are not linked to their Aadhaar numbers, perhaps due to technical problems in the registration procedure, thereby denying those individuals access to the banking sector, which is contrary to the aims and objectives of the Committee and the stated policy of the RBI to improve access to banking.</p>
<h3 style="text-align: justify;">Individual Comments</h3>
<p style="text-align: justify;"><em>Recommendation 1.4 - Given the predominance of individual account holdings, the Committee recommends that a unique biometric identifier such as Aadhaar should be linked to each individual credit account and the information shared with credit information companies. This will not only be useful in identifying multiple accounts, but will also help in mitigating the overall indebtedness of individuals who are often lured into multiple borrowings without being aware of its consequences.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: The discussion of the committee before making this recommendation revolves around the total incidence of indebtedness in rural areas and their Debt-to-Asset ratio representing payment capacity. However, the committee has not discussed any evidence which indicates that borrowing from multiple banks leads to greater indebtedness for individual account holders in the rural sector. Without identifying the problem through evidence the Committee has suggested linking bank accounts with Aadhaar numbers as a solution.</p>
<p style="text-align: justify;"><em>Recommendation 2.2 - On the basis of cross-country evidence and our own experience, the Committee is of the view that to translate financial access into enhanced convenience and usage, there is a need for better utilization of the mobile banking facility and the maximum possible G2P payments, which would necessitate greater engagement by the government in the financial inclusion drive.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: The drafting of the recommendation suggests that RBI is batting for the DBT rather than the subsidy model. However an examination of the discussion in the report suggests that all that the Committee has not discussed or examined the subsidy model vis-à-vis the direct benefit transfer (DBT) model here (though it does recommend DBT in the chapter on G-2-P payments), but only is trying to say is that where government to people money transfer has to take place, it should take place using mobile banking, payment wallets or other such technologies, which have been known to be successful in various countries across the world.</p>
<p style="text-align: justify;"><em>Recommendation 3.1 - The Committee recommends that in order to increase formal credit supply to all agrarian segments, the digitization of land records should be taken up by the states on a priority basis.</em></p>
<p style="text-align: justify;"><em>Recommendation 3.2 - In order to ensure actual credit supply to the agricultural sector, the Committee recommends the introduction of Aadhaar-linked mechanism for Credit Eligibility Certificates. For example, in Andhra Pradesh, the revenue authorities issue Credit Eligibility Certificates to Tenant Farmers (under ‘Andhra Pradesh Land Licensed Cultivators Act No 18 of 2011'). Such tenancy /lease certificates, while protecting the owner’s rights, would enable landless cultivators to obtain loans. The Reserve Bank may accordingly modify its regulatory guidelines to banks to directly lend to tenants / lessees against such credit eligibility certificates.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: The Committee in its discussion before the recommendation 3.2 has discussed the problems faced by landless farmers, however there is no discussion or evidence which suggests that an Aadhaar linked Credit Eligibility Certificate is the best solution, or even a solution to the problem. The concern being expressed here is not with the system of a Credit Eligibility Certificate, but with the insistence on linking it to an Aadhaar number, and whether the system can be put in place without linking the same to an Aadhaar number.</p>
<p style="text-align: justify;"><em>Recommendation 6.11 - Keeping in view the indebtedness and rising delinquency, the Committee is of the view that the credit history of all SHG members would need to be created, linking it to individual Aadhaar numbers. This will ensure credit discipline and will also provide comfort to banks.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: There is no discussion in the Report on the reasons for increase in indebtedness of SHGs. While the recommendation of creating credit histories for SHGs is laudable and very welcome, however there is no logical reason that has been brought out in the Report as to why the same needs to be linked to individual Aadhaar numbers and how such linkage will solve any problems.</p>
<p style="text-align: justify;"><em>Recommendation 6.13 - The Committee recommends that bank credit to MFIs should be encouraged. The MFIs must provide credit information on their borrowers to credit bureaus through Aadhaar-linked unique identification of individual borrowers.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: Since the discussion before this recommendation clearly indicates multiple lending practices as one of the problems in the Microfinance sector and also suggests better credit information of borrowers as a possible solution, therefore this recommendation per se, seems sound. However, we would still like to point out that the RBI may think of alternative means to get borrower credit history rather than relying upon just the Aadhaar numbers.</p>
<p style="text-align: justify;"><em>Recommendation 7.3 - Considering the widespread availability of mobile phones across the country, the Committee recommends the use of application-based mobiles as PoS for creating necessary infrastructure to support the large number of new accounts and cards issued under the PMJDY. Initially, the FIF can be used to subsidize the associated costs. This will also help to address the issue of low availability of PoS compared to the number of merchant outlets in the country. Banks should encourage merchants across geographies to adopt such applicationbased mobile as a PoS through some focused education and PoS deployment drives.</em></p>
<p style="text-align: justify;"><em>Recommendation 7.5 - The Committee recommends that the National Payments Corporation of India (NPCI) should ensure faster development of a multi-lingual mobile application for customers who use non-smart phones, especially for users of NUUP; this will address the issue of linguistic diversity and thereby promote its popularization and quick adoption.</em></p>
<p style="text-align: justify;"><em>Recommendation 7.8 - The Committee recommends that pre-paid payment instrument (PPI) interoperability may be allowed for non-banks to facilitate ease of access to customers and promote wider spread of PPIs across the country. It should however require non-bank PPI operators to enhance their customer grievance redressal mechanism to deal with any issues thereof.</em></p>
<p style="text-align: justify;"><em>Recommendation 7.9 - The Committee is of the view that for non-bank PPIs, a small-value cashout may be permitted to incentivize usage with the necessary safeguards including adequate KYC and velocity checks.</em></p>
<p style="text-align: justify;"><strong>CIS Comments</strong>: While CIS supports the effort to use technology and mobile phones to increase banking penetration and improve access to the formal financial sector for rural and semi-rural areas, sufficient security mechanisms should be put in place while rolling out these services keeping in mind the low levels of education and technical sophistication that are prevalent in rural and semi-rural areas.</p>
<p style="text-align: justify;"><em>Recommendation 8.1 - The Committee recommends that the deposit accounts of beneficiaries of government social payments, preferably all deposits accounts across banks, including the ‘inprinciple’ licensed payments banks and small finance banks, be seeded with Aadhaar in a timebound manner so as to create the necessary eco-system for cash transfer. This could be complemented with the necessary changes in the business correspondent (BC) system (see Chapter 6 for details) and increased adoption of mobile wallets to bridge the ‘last mile’ of service delivery in a cost-efficient manner at the convenience of the common person. This would also result in significant cost reductions for the government besides promoting financial inclusion.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: While the report of the Committee has already given several examples of how cash transfer directly into the bank accounts (rather than requiring the beneficiaries to be at a particular place at a particular time) could be more efficient as well as economical, the Committee is making the same point again here under the chapter that deals specifically with government to person payments. However even before this recommendation, there has been no discussion as to the need for linking or “seeding” the deposit accounts of the beneficiaries with Aadhaar numbers, let alone a discussion of how it would solve any problems.</p>
<p style="text-align: justify;"><em>Recommendation 10.6 - Given the focus on technology and the increasing number of customer complaints relating to debit/credit cards, the National Payments Corporation of India (NPCI) may be invited to SLBC meetings. They may particularly take up issues of Aadhaar-linkage in bank and payment accounts.</em></p>
<p style="text-align: justify;"><strong>CIS Comment</strong>: There is no discussion on why this recommendation has been made, more particularly; there is no discussion at all on why issues of Aadhaar linkage in bank and payment accounts need to be taken up at all.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion'>https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion</a>
</p>
No publishervipulPrivacyInternet GovernanceFeaturedFinancial InclusionAadhaarHomepage2016-03-01T13:53:38ZBlog EntryThe new Guidelines for Computer Related Inventions are a big win for FOSS in India!
https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india
<b>India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines. </b>
<p> </p>
<p>When
the Guidelines for examination of Computer Related Inventions(“
2015 Guidelines”) were released last year, it became <a href="http://www.livemint.com/Industry/XGBbgNllmvuEUhJWs2cWgK/Revised-guidelines-for-software-patents-put-on-hold.html">obvious
that they would have an adverse impact on innovation in the Indian
software industry</a>. Further, the 2015 Guidelines were legally
defective since they ran counter to the object of Section 3(k) of the
Patents Act, 1970, which is to unconditionally exclude mathematical
and business methods, computer programs per se, and algorithms from
patentable subject matter. To stop and prevent egregious harms, <a href="http://sflc.in/wp-content/uploads/2015/09/Letter_CRIGuidelines2015-Prime-Minister.pdf">civil
society organisations collectively wrote to the Prime Minister's
Office</a> flagging off the defects and requested for a recall of the
Guidelines. In
December 2015, the Indian Patent Office <a href="http://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions-in-abeyance">promptly
recalled the 2015 Guidelines</a> and held a consultation to discuss
the concerns raised in the letter.</p>
<p>Based
on submissions by various stakeholders, the Patent Office released a
<a href="http://ipindia.nic.in/iponew/GuidelinesExamination_CRI_19February2016.pdf">new
set of Guidelines</a>(“Guidelines”), which are not only a
staggering improvisation from all previous versions, but also
introduce a new three step test to determine applicability of section
3(k), an area of Indian patent law that has been notoriously full of
uncertainties:</p>
<blockquote>
<p>5.
Tests/ Indicators to determine Patentability of CRIs (“Computer
Related inventions”):</p>
<p>Examiners
may rely on the following three stage test in examining CRI
applications:</p>
<p>(1)
Properly construe the claim and identify the actual contribution;</p>
<p>(2)
If the contribution lies only in mathematical method, business method
or algorithm, deny the claim;</p>
<p>(3)
If the contribution lies in the field of computer programme, check
whether it is claimed in conjunction with a novel hardware and
proceed to other steps to determine patentability with respect to the
invention. The computer programme in itself is never patentable. If
the contribution lies solely in the computer programme, deny the
claim. If the contribution lies in both the computer programme as
well as hardware, proceed to other steps of patentability.</p>
</blockquote>
<p> </p>
<p>CIS
had proposed the exact same test in its <a href="http://cis-india.org/a2k/blogs/cis-submission-draft-patent-manual-2010">earlier
submissions(2010)</a> to the Patent Office, albeit worded differently. We
submitted:</p>
<blockquote>
<p><em>"We
propose a new part to the above test to make the clause clearer. The
Manual should specify that “the computer programme portions of any
claimed invention should be treated as if it were covered by prior
art and patentability should thus be determined with respect to the
other features of the invention”. This way, we can ensure that an
invention which merely uses or implements a computer programme is not
granted patent on the basis of the inventiveness of the computer
programme </em>per
se<em>."</em></p>
</blockquote>
<p>Further,
the Guidelines also recognise that CRIs may fall under sections 3(k), 3(l), 3(m) and 3(n):</p>
<blockquote>
<p>2.2. The Patents (Amendment) Act, 2002 also introduced explicit exclusions from patentability under section 3 for CRIs as under:</p>
<p>3(k)
a mathematical or business method or a computer programme per se or
algorithms;</p>
<p>(l)
a literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions;</p>
<p>(m)
a mere scheme or rule or method of performing mental act or method of
playing game;</p>
<p>(n)
a presentation of information;</p>
</blockquote>
<p>And thus CRIs as such cannot be patentable, if they fall in either of the above
mentioned exclusions. Overall,
the new Guidelines offer more clarity and stick to the Patents Act,
1970's intention of disqualifying patentability of computer
programmes per se. We will soon post a detailed analysis of the Guidelines. In the meantime, you may read CIS' research on the subject in the section below.</p>
<h3><br /></h3>
<h3>CIS' Research and Submissions against Software Patenting<br /></h3>
<p>Over
the past years, CIS has produced research and consistently made
submissions advocating the roll- back of software patenting:</p>
<p><a name="parent-fieldname-title4"></a><a href="http://cis-india.org/a2k/blogs/arguments-against-software-patents">Arguments
Against Software Patents in India, 2010</a></p>
<p><a name="parent-fieldname-title"></a><a href="http://cis-india.org/a2k/blogs/cis-submission-draft-patent-manual-2010">CIS
Submission on Draft Patent Manual, 2010</a></p>
<p><a name="parent-fieldname-title1"></a><a href="http://cis-india.org/a2k/blogs/comments-on-draft-guidelines-for-computer-related-inventions">Comments
on the Draft Guidelines for Computer Related Inventions, 2013</a></p>
<p><a name="parent-fieldname-title3"></a><a href="http://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions">Guidelines
for Examination of Computer Related Inventions: Mapping the
Stakeholders' Response</a>, 2014</p>
<p><a name="parent-fieldname-title2"></a><a href="http://cis-india.org/a2k/blogs/comments-on-the-guidelines-for-examination-of-computer-related-inventions-cris">Comments
on the Guidelines for Examination of Computer Related Inventions
(CRIs), 2015</a></p>
<p><a href="http://cis-india.org/a2k/blogs/cis-submission-to-indian-patent-office-on-examples-of-excluded-patentable-subject-matter-under-section-3-k-for-incorporation-in-the-yet-to-be-released-guidelines-for-computer-related-inventions">CIS'
submission to Indian Patent Office on Examples of Excluded Patentable
subject-matter under Section 3(k) for incorporation in the
yet-to-be-released Guidelines for Computer Related Inventions</a>,
2016</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india'>https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india</a>
</p>
No publishersinhaFeaturedPatentsAccess to KnowledgeSoftware Patents2016-02-24T06:30:37ZBlog EntryInternet Researchers' Conference 2016 (IRC16)
https://cis-india.org/raw/irc16
<b>The first Internet Researchers' Conference (IRC16) will be organised at the Jawaharlal Nehru University (JNU), Delhi, on February 26-28, 2016. The focus of the Conference is on the experiences, adventures, and methods of 'studying internet in India.' We are deeply grateful to the Centre for Political Studies (CPS), JNU, for hosting the Conference, and to the CSCS Digital Innovation Fund (CDIF) for the generous support. It is a free and open conference. Please use the form to register.</b>
<p> </p>
<h4>It is our great pleasure to announce the beginning of the Internet Researchers' Conference (IRC), an annual conference series initiated by the Researchers at Work (RAW) programme at CIS to gather researchers, academic or otherwise, studying internet in/from India to congregate, share insights and tensions, and chart the ways forward.</h4>
<p> </p>
<h4>This conference series is specifically driven by the following interests: 1) creating discussion spaces for researchers studying internet in India and in other comparable regions, 2) foregrounding the multiplicity, hierarchies, tensions, and urgencies of the digital sites and users in India, 3) accounting for the various layers, conceptual and material, of experiences and usages of internet and networked digital media in India, and 4) exploring and practicing new modes of research and documentation necessitated by new (digital) forms of objects of power/knowledge.</h4>
<p> </p>
<h4>The first edition of the Conference, IRC16, is engaging with the theme of 'studying internet in India.' The word <em>study</em> here is a shorthand for a range of tasks, from documentation and theory-building, to measurement and representation.</h4>
<p> </p>
<h2>Dates and Venue</h2>
<p>The IRC16 will take place during <strong>February 26-28, 2016</strong>, at the Convention Centre of the <a href="http://jnu.ac.in/">Jawaharlal Nehru University (JNU)</a>, Delhi. We are grateful to <a href="http://www.jnu.ac.in/SSS/CPS/">Centre for Political Studies (CPS)</a> at JNU for hosting the Conference, and to the <a href="http://cis-india.org/raw/cscs-digital-innovation-fund">CSCS Digital Innovation Fund (CDIF)</a> for its generous support.</p>
<p> </p>
<iframe src="https://www.google.com/maps/embed?pb=!1m14!1m12!1m3!1d1752.512135244194!2d77.16642650602853!3d28.53899019877363!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!5e0!3m2!1sen!2s!4v1455124383423" frameborder="0" height="300" width="600"></iframe>
<p> </p>
<h2>Registration and Programme</h2>
<p>Conference programme: <a href="https://github.com/cis-india/IRC16/raw/master/IRC16_Programme-v.2.2.pdf">Download</a> (PDF).</p>
<p>Programme booklet: <a href="https://github.com/cis-india/IRC16/raw/master/IRC16_Programme-Booklet.pdf">Download</a> (PDF).</p>
<p><strong>[Important]</strong> Invitation letter to help you enter JNU campus: <a href="https://github.com/cis-india/IRC16/raw/master/IRC16_Invitation-Letter.pdf">Download</a> (PDF).</p>
<p>Please register for the Conference here: <a href="http://goo.gl/forms/uu0HjXWbxK" target="_blank">Form</a> (Google).</p>
<p>We apologise for not being able to provide travel or accommodation support.</p>
<p> </p>
<h2>Etherpads</h2>
<p>#Methods&ToolsForInternetResearch : <a class="external-link" href="https://public.etherpad-mozilla.org/p/IRC16-InternetResearch">https://public.etherpad-mozilla.org/p/IRC16-InternetResearch</a></p>
<p>#DigitalDesires: <a href="https://public.etherpad-mozilla.org/p/IRC16-DigitalDesires">https://public.etherpad-mozilla.org/p/IRC16-DigitalDesires</a>.</p>
<p>#InternetMovements: <a href="https://public.etherpad-mozilla.org/p/IRC16-InternetMovements">https://public.etherpad-mozilla.org/p/IRC16-InternetMovements</a>.</p>
<p>#WebOfGenealogies: <a href="https://public.etherpad-mozilla.org/p/IRC16-WebOfGenealogies">https://public.etherpad-mozilla.org/p/IRC16-WebOfGenealogies</a>.</p>
<p>#MinimalComputing: <a href="https://public.etherpad-mozilla.org/p/IRC16-MinimalComputing">https://public.etherpad-mozilla.org/p/IRC16-MinimalComputing</a>.</p>
<p>#STSDebates: <a href="https://public.etherpad-mozilla.org/p/IRC16-STSDebates">https://public.etherpad-mozilla.org/p/IRC16-STSDebates</a>.</p>
<p>#ArchiveAnarchy: <a href="https://public.etherpad-mozilla.org/p/IRC16-ArchiveAnarchy">https://public.etherpad-mozilla.org/p/IRC16-ArchiveAnarchy</a>.</p>
<p>#ManyPublicsOfInternet: <a href="https://public.etherpad-mozilla.org/p/IRC16-ManyPublicsOfInternet">https://public.etherpad-mozilla.org/p/IRC16-ManyPublicsOfInternet</a>.</p>
<p>#DigitalLiteraciesAtTheMargins: <a href="https://public.etherpad-mozilla.org/p/IRC16-DigitalLiteraciesAtTheMargins">https://public.etherpad-mozilla.org/p/IRC16-DigitalLiteraciesAtTheMargins</a>.</p>
<p>#FutureBazaars: <a href="https://public.etherpad-mozilla.org/p/IRC16-FutureBazaars">https://public.etherpad-mozilla.org/p/IRC16-FutureBazaars</a>.</p>
<p>#PoliticsOnSocialMedia: <a href="https://public.etherpad-mozilla.org/p/IRC16-PoliticsOnSocialMedia">https://public.etherpad-mozilla.org/p/IRC16-PoliticsOnSocialMedia</a>.</p>
<p>#SpottingData: <a href="https://public.etherpad-mozilla.org/p/IRC16-SpottingData">https://public.etherpad-mozilla.org/p/IRC16-SpottingData</a>.</p>
<p>#WikiShadows: <a href="https://public.etherpad-mozilla.org/p/IRC16-WikiShadows">https://public.etherpad-mozilla.org/p/IRC16-WikiShadows</a>.</p>
<p>#FollowTheMedium: <a href="https://public.etherpad-mozilla.org/p/IRC16-FollowTheMedium">https://public.etherpad-mozilla.org/p/IRC16-FollowTheMedium</a>.</p>
<p>#AFCinema2.0: <a href="https://public.etherpad-mozilla.org/p/IRC16-AFCinema2.0">https://public.etherpad-mozilla.org/p/IRC16-AFCinema2.0</a>.</p>
<p>#LiterarySpaces: <a href="https://public.etherpad-mozilla.org/p/IRC16-LiterarySpaces">https://public.etherpad-mozilla.org/p/IRC16-LiterarySpaces</a>.</p>
<p> </p>
<h2>Resources</h2>
<p>Call for sessions: <a href="http://cis-india.org/raw/irc16-call" target="_blank">http://cis-india.org/raw/irc16-call</a>.</p>
<p>Proposed sessions: <a href="http://cis-india.org/raw/irc16-proposed-sessions" target="_blank">http://cis-india.org/raw/irc16-proposed-sessions</a>.</p>
<p>Selected sessions: <a href="http://cis-india.org/raw/irc16-selected-sessions" target="_blank">http://cis-india.org/raw/irc16-selected-sessions</a>.</p>
<p>Please join the <a href="https://lists.ghserv.net/mailman/listinfo/researchers">researchers@cis-india</a> mailing list to take part in pre- and post-conference conversations.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/irc16'>https://cis-india.org/raw/irc16</a>
</p>
No publishersumandroConferenceCDIFInternet Researcher's ConferenceFeaturedLearningIRC16Researchers at WorkEvent2016-02-27T06:19:33ZEventOpen Data Hackathons are Great, but Address Privacy and License Concerns
https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns
<b>This is to cross-publish a blog post from DataMeet website regarding a letter shared with the organisers of Urban Hack 2015, Bangalore, in response to a set of privacy and license concerns identified and voiced during the hackathon by DataMeet members. Sumandro Chattapadhyay co-authored and co-signed the letter. The blog post is written by Nisha Thompson.</b>
<p> </p>
<p>Hackathons are a source of confusion and frustration for us. DataMeet actively does not do them unless there is a very specific outcome the community wants like<a href="https://github.com/datameet/maps/tree/master/parliamentary-constituencies"> freeing a whole dataset </a>or introducing <a href="http://datameet.org/2015/05/13/mumbai-meet-6-data-science-hackathon/">open data to a new audience</a>. We feel that they cause burn out, are not productive, and in general don't help create a healthy community of civic tech and open data enthusiasts.</p>
<p>That is not to say we feel others shouldn't do them, they are very good opportunities to spark discussion and introduce new audiences to problems in the social sector. <a href="http://www.datakind.org/chapters/datakind-blr">DataKind</a> and <a href="https://rhokbangalore.wordpress.com/">RHOK</a> and numerous others host hackathons or variations of them regularly to stir the pot, bring new people into civic tech and they can be successful starts to long term connections and experiments. A lot of people in the DataMeet community participate and enjoy hackathons.</p>
<p>However, with great data access comes great responsibility. We always want to make sure that even if no output is achieved when a dataset is opened at least no harm should be done.</p>
<p>Last October an open data hackathon,<a href="https://www.hackerearth.com/sprints/urban-hack/"> Urban Hack</a>, run by Hacker Earth, <a href="http://www.nasscom.in/">NASSCOM</a>, <a href="http://www.xrci.xerox.com/">XEROX</a>, <a href="https://console.ng.bluemix.net/?cm_mmc=EcoDISA-_-Bluemix_day-_-11-15-14::12-31-15-_-UrbanHack">IBM </a>and <a href="http://wri-india.org/">World Resource Institute India</a> wanted to bring out open data and spark innovation in the transport and crime space by making datasets from <a href="http://mybmtc.com/">Bangalore Metropolitan Transport Corporation (BMTC)</a> and the Bangalore City Police available to work with. A DataMeet member (<a href="http://www.lostprogrammer.com/">Srinivas Kodali</a>) was participating, he is a huge transport data enthusiast and wanted to take a look at what is being made available.</p>
<p>In the morning shortly after it started I received a call from him that there is a dataset that was made available that seems to be violating privacy and data security. We contacted the organizers and they took it down, later we realized it was quite a sensitive dataset and a few hundred people had already downloaded it. We were also distressed that they had not clarified ownership of data, license of data, and had linked to sources like <a href="http://openbangalore.org/">Open Bangalore</a> without specifying licensing, which violated the license.</p>
<p>The organizers were quite noted and had been involved with hackathons before so it was a little distressing to see these mistakes being made. We were concerned that the government partners (who had not participated in these types of events before) were also being exposed to poor practices. As smart cities initiatives take over the Indian urban space, we began to realize that this is a mistake that shouldn't happen again.</p>
<p>Along with <a href="http://cis-india.org/">Centre for Internet and Society</a> and Random Hacks of Kindness we sent the organizers, Bangalore City Police and BMTC a letter about the breach in protocol. We wanted to make sure everyone was aware of the issues and that measures were taken to not repeat these mistakes.</p>
<p>You can see the letter here:</p>
<p><iframe src="https://www.documentcloud.org/documents/2702333-Appropriate-and-Responsible-Practices-for.html" height="500" width="600"></iframe></p>
<p>We are very proud of the DataMeet community and Srinivas for bringing this violation to the attention of the organizers. As people who participate in hackathons and other data events it is imperative that privacy and security are kept in mind at all times. In a space like India where a lot of these concepts are new to institutions, like the Government, it is essential that we are always using opportunities not only to showcase the power of open data but also good practices for protecting privacy and ensuring security.</p>
<p> </p>
<p><em>Originally posted on DataMeet website: <a href="http://datameet.org/2016/02/02/to-hack-or-not-to-hack/">http://datameet.org/2016/02/02/to-hack-or-not-to-hack/</a>.</em></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns'>https://cis-india.org/openness/open-data-hackathons-are-great-but-address-privacy-and-license-concerns</a>
</p>
No publishersumandroPrivacyOpen DataOpen Government DataFeaturedHackathonOpenness2016-02-05T20:37:18ZBlog EntryInternet Researchers' Conference 2016 (IRC16) - Selected Sessions
https://cis-india.org/raw/irc16-selected-sessions
<b>We are proud to announce that the first Internet Researchers' Conference (IRC16), organised around the theme of 'studying internet in India,' will be held on February 26-28, 2016, at the Jawaharlal Nehru University (JNU), Delhi. We are deeply grateful to the Centre for Political Studies (CPS) at JNU for hosting the Conference, and to the CSCS Digital Innovation Fund (CDIF) for generously supporting it. Here are the details about the session selection process, the selected sessions, the Conference programme (draft), the pre-Conference discussions, accommodation, and travel grants. The Conference will include a book sprint to produce an open handbook on 'methods and tools for internet research.'</b>
<p> </p>
<h2>Session Selection Process</h2>
<p>We received 23 superb session proposals for the IRC16. All the teams that submitted sessions were invited to vote for their eight favourite session in a double-blind manner - the teams did not know the names of the people who proposed other sessions, and we at CIS did not know which team has voted for which particular set of sessions. After receiving all the votes, we could not help but change the format of the Conference (as planned earlier) to accommodate 15 sessions in total. All Discussion and Workshop sessions of the Conference are double track, except for the three Discussion sessions that received most number of votes.</p>
<p> </p>
<h2>Selected Sessions</h2>
<ol>
<li><a href="http://cis-india.org/raw/irc16-proposed-digitaldesires"><strong>#DigitalDesires</strong></a>: Received 8.15% votes. Proposed by Silpa Mukherjee, Ankita Deb, and Rahul Kumar.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-followthemedium"><strong>#FollowTheMedium</strong></a>: Received 7.60% votes. Proposed by Zeenab Aneez and Neha Mujumdar.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-stsdebates"><strong>#STSDebates</strong></a>: Received 7.60% votes. Proposed by Sumandro Chattapadhyay and Jahnavi Phalkey.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-digitalliteraciesatthemargins"><strong>#DigitalLiteraciesAtTheMargins</strong></a>: Received 7.06% votes. Proposed by Aakash Solanki, Sandeep Mertia, and Rashmi M.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-internetmovements"><strong>#InternetMovements</strong></a>: Received 7.06% votes. Proposed by Becca Savory, Sarah McKeever, and Shaunak Sen.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-futurebazaars"><strong>#FutureBazaars</strong></a>: Received 5.97% votes. Proposed by Maitrayee Deka, Adam Arvidsson, Rohini Lakshané, and Ravi Sundaram.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-minimalcomputing"><strong>#MinimalComputing</strong></a>: Received 5.97% votes. Proposed by Padmini Ray Murray and Sebastian Lütgert.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-webofgenealogies"><strong>#WebOfGenealogies</strong></a>: Received 5.97% votes. Proposed by Ishita Tiwary, Sandeep Mertia, and Siddharth Narrain.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-wikishadows"><strong>#WikiShadows</strong></a>: Received 5.97% votes. Proposed by Tanveer Hasan and Rahmanuddin Shaik.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-literaryspaces"><strong>#LiterarySpaces</strong></a>: Received 5.43% votes. Proposed by P.P. Sneha and Arup Chatterjee.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-archiveanarchy"><strong>#ArchiveAnarchy</strong></a>: Received 4.34% votes. Proposed by Ranjani M Prasad and Farah Yameen.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-afcinema2.0"><strong>#AFCinema2.0</strong></a>: Received 3.80% votes. Proposed by Akriti Rastogi and Ishani Dey.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-manypublicsofinternet"><strong>#ManyPublicsOfInternet</strong></a>: Received 3.80% votes. Proposed by Sailen Routray and Khetrimayum Monish.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-politicsonsocialmedia"><strong>#PoliticsOnSocialMedia</strong></a>: Received 3.80% votes. Proposed by Rinku Lamba and Rajarshi Dasgupta.</li>
<li><a href="http://cis-india.org/raw/irc16-proposed-spottingdata"><strong>#SpottingData</strong></a>: Received 3.80% votes. Proposed by Dibyajyoti Ghosh and Purbasha Auddy.</li></ol>
<p> </p>
<h2>Dates and Venue</h2>
<p>The IRC16 will take place during <strong>February 26-28, 2016</strong>, at the <a href="http://jnu.ac.in/"><strong>Jawaharlal Nehru University (JNU)</strong></a>, Delhi. We are delighted to announce that the Conference will be hosted by the <a href="http://www.jnu.ac.in/SSS/CPS/"><strong>Centre for Political Studies (CPS)</strong></a> at JNU, and will be generously supported by the <a href="http://cis-india.org/raw/cscs-digital-innovation-fund"><strong>CSCS Digital Innovation Fund (CDIF)</strong></a>.</p>
<p> </p>
<h2>Conference Programme</h2>
<p>Access the draft programme (v.2.1): <a href="https://github.com/cis-india/IRC16/raw/master/IRC16_Programme-v.2.1.pdf">Download</a> (PDF).</p>
<p> </p>
<h2>Pre-Conference Conversations</h2>
<p>Please join the researchers@cis-india mailing list to take part in the pre-conference conversations: <a href="https://lists.ghserv.net/mailman/listinfo/researchers">https://lists.ghserv.net/mailman/listinfo/researchers</a>.</p>
<p> </p>
<h2>Accommodation</h2>
<p>CPS and CIS will provide accommodation to all non-Delhi-based team members of the selected sessions, during the days of the Conference.</p>
<p> </p>
<h2>Travel Grants</h2>
<p>We will offer 10 travel grants, up to Rs. 10,000 each, for within-India travel. The following non-Delhi-based team members of the selected sessions have been selected for travel grants: Aakash Solanki, Dibyajyoti Ghosh, Neha Mujumdar, Purbasha Auddy, Rahmanuddin Shaik, Rashmi M, Rohini Lakshané, Sailen Routray, P.P. Sneha, and Zeenab Aneez.</p>
<p>The travel grants are made possible by the <a href="http://cis-india.org/raw/cscs-digital-innovation-fund">CSCS Digital Innovation Fund (CDIF)</a>.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/irc16-selected-sessions'>https://cis-india.org/raw/irc16-selected-sessions</a>
</p>
No publishersumandroInternet Researcher's ConferenceFeaturedLearningIRC16Researchers at Work2016-01-18T09:23:06ZBlog EntryPre-Budget Consultation 2016 - Submission to the IT Group of the Ministry of Finance
https://cis-india.org/openness/pre-budget-consultation-2016-submission-to-the-ministry-of-finance
<b>The Ministry of Finance has recently held pre-budget consultations with different stakeholder groups in connection with the Union Budget 2016-17. We were invited to take part in the consultation for the IT (hardware and software) group organised on January 07, 2016, and submit a suggestion note. We are sharing the note below. It was prepared and presented by Sumandro Chattapadhyay, with contributions from Rohini Lakshané, Anubha Sinha, and other members of CIS.</b>
<p> </p>
<p>It is our distinct honour to be invited to submit this note for consideration by the IT Group of the Ministry of Finance, Government of India, as part of the pre-budget consultation for 2016-17.</p>
<p>The Centre for Internet and Society is (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. We receive financial support from Kusuma Trust, Wikimedia Foundation, MacArthur Foundation, IDRC, and other donors.</p>
<p>We have divided our suggestions into the different topics that our organisation has been researching in the recent years.</p>
<p> </p>
<h3>Free/Libre and Open Source Software (FLOSS) is the Basis for Digital India</h3>
<p> </p>
<p>We congratulate the policies introduced by the government to promote use of free/libre and open source software and that of open APIs for all e-governance projects and systems. This is not only crucial for the government to avoid vendor lock-in when it comes to critical software systems for governance, but also to ensure that the source code of such systems is available for public scrutiny and do not contain any security flaws.</p>
<p>We request the government to empower the implementation of these policies by making open sharing of source code a necessity for all software vendors hired by government agencies a necessary condition for awarding of tenders. The 2016-17 budget should include special support to make all government agencies aware and capable of implementing these policies, as well as to build and operate agency-level software repositories (with version controlling system) to host the source codes. These repositories may function to manage the development and maintenance of software used in e-governance projects, as well as to seek comments from the public regarding the quality of the software.</p>
<p>Use of FLOSS is not only important from the security or the cost-saving perspectives, it is also crucial to develop a robust industry of software development firms that specialise in FLOSS-based solutions, as opposed to being restricted to doing local implementation of global software vendors. A holistic support for FLOSS, especially with the government functioning as the dominant client, will immensely help creation of domestic jobs in the software industry, as well as encouraging Indian programmers to contribute to development of FLOSS projects.</p>
<p>An effective compliance monitoring and enforcement system needs to be created to ensure that all government agencies are Strong enforcement of the 2011 policy to use open source software in governance, including an enforcement task force that checks whether government departments have complied with this or not.</p>
<p> </p>
<h3>Open Data is a Key Instrument for Transparent Decision Making</h3>
<p> </p>
<p>With a wider set of governance activities being carried out using information systems, the government is increasingly acquiring a substantial amount of data about governance processes and status of projects that needs to be effectively fed back into the decision making process for the same projects. Opening up such data not only allows for public transparency, but also for easier sharing of data across government agencies, which reduces process delays and possibilities of duplication of data collection efforts.</p>
<p>We request the 2016-17 budget to foreground the National Data Sharing and Accessibility Policy and the Open Government Data Platform of India as two key enablers of the Digital India agenda, and accordingly budget for modernisation and reconfiguration of data collection and management processes across government agencies, so that those processes are made automatic and open-by-default. Automatic data management processes minimise the possibility of data loss by directly archiving the collected data, which is increasingly becoming digital in nature. Open-by-default processes of data management means that all data collected by an agency, once pre-recognised as shareable data (that is non-sensitive and anonymised), will be proactively disclosed as a rule.</p>
<p>Implementation of the National Data Sharing and Accessibility Policy has been hindered, so far, by the lack of preparation of a public inventory of data assets, along with the information of their collection cycles, modes of collection and storage, etc., by each union government agency. Specific budgetary allocation to develop these inventories will be crucial not only for the implementation of the Policy, but also for the government to get an extensive sense of data collected and maintained currently by various government agencies. Decisions to proactively publish, or otherwise, such data can then be taken based on established rules.</p>
<p>Availability of such open data, as mentioned above, creates a wider possibility for the public to know, learn, and understand the activities of the government, and is a cornerstone of transparent governance in the digital era. But making this a reality requires a systemic implementation of open government data practices, and various agencies would require targeted budget to undertake the required capacity development and work process re-engineering. Expenditure of such kind should not be seen as producing government data as a product, but as producing data as an infrastructure, which will be of continuous value for the years to come.</p>
<p>As being discussed globally, open government data has the potential to kickstart a vast market of data derivatives, analytics companies, and data-driven innovation. Encouraging civic innovations, empowered by open government data - from climate data to transport data - can also be one of the unique initiatives of budget 2016-17.</p>
<p>For maximising impact of opened up government data, we request the government to publish data that either has a high demand already (such as, geospatial data, and transport data), or is related to high-net-worth activities of the government (such as, data related to monitoring of major programmes, and budget and expenditure data for union and state governments).</p>
<p> </p>
<h3>Promotion of Start-ups and MSMEs in Electronics and IT Hardware Manufacturing</h3>
<p> </p>
<p>In line with the Make in India and Digital India initiatives, to enable India to be one of the global hubs of design, manufacturing, and exporting of electronics and IT hardware, we request that the budget 2016-17 focus on increasing flow of fund to start-ups and Medium and Small-Scale Manufacturing Enterprises (MSMEs) in the form of research and development grants (ideally connected to government, especially defense-related, spending on IT hardware innovation), seed capital, and venture capital.</p>
<p>Generation of awareness and industry-specific strategies to develop intellectual property regimes and practices favourable for manufacturers of electronics and IT hardware in India is an absolutely crucial part of promotion of the same, especially in the current global scenario. Start-ups and MSMEs must be made thoroughly aware of intellectual property concerns and possibilities, including limitations and exceptions, flexibilities, and alternative models such as open innovation.</p>
<p>We request the budget 2016-17 to give special emphasis to facilitation of technology licensing and transfer, through voluntary mechanisms as well as government intervention, such as compulsory licensing and government enforced patent pools.</p>
<p> </p>
<h3>Applied Mathematics Research is Fundamental for Cybersecurity</h3>
<p> </p>
<p>Recent global reports have revealed that some national governments have been actively involved in sponsoring distortion in applied mathematics research so as to introduce weaknesses in encryption standards used in for online communication. Instead of trying to regulate key-length or mandating pre-registration of devices using encryption, as suggested by the withdrawn National Encryption Policy draft, would not be able to address this core emerging problem of weak cybersecurity standards.</p>
<p>For effective and sustainable cybersecurity strategy, we must develop significant expertise in applied mathematical research, which is the very basis of cybersecurity standards development. We request the budget 2016-17 to give this topic the much-needed focus, especially in the context of the Digital India initiative and the upcoming National Encryption Policy.</p>
<p>Along with developing domestic research capacity, a more immediately important step for the government is to ensure high quality Indian participation in global standard setting organisations, and hence to contribute to global standards making processes. We humbly suggest that categorical support for such participation and contribution is provided through the budget 2016-17, perhaps by partially channeling the revenues obtained from spectrum auctions.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/pre-budget-consultation-2016-submission-to-the-ministry-of-finance'>https://cis-india.org/openness/pre-budget-consultation-2016-submission-to-the-ministry-of-finance</a>
</p>
No publishersumandroOpen StandardsOpen SourceCybersecurityOpen DataIntellectual Property RightsOpen Government DataFeaturedPatentsOpennessOpen InnovationEncryption Policy2016-01-12T13:34:41ZBlog EntryNational Compendium of Laws, Policies, Programmes for Persons with Disabilities
https://cis-india.org/accessibility/blog/national-compendium-of-laws-policies-programmes-for-persons-with-disabilities
<b>This compendium was compiled by the Centre for Internet & Society in collaboration with the Office of the Chief Commissioner for Persons with Disabilities, Department of Disability Affairs, Ministry of Social Justice & Empowerment, Government of India. Prasanna Kumar Pincha, Chief Commissioner for Persons with Disabilities, has written the Foreword. </b>
<h3 style="text-align: justify; ">Preface</h3>
<p style="text-align: justify; ">India, one of the longest continuous civilizations in the world is also home to one of the largest populations of persons with disabilities. According to the 2011 census, around 2.21% of its population or around 26.8 million people have disabilities of some form or the other. While the country is developing rapidly, persons with disabilities are often left out of the process. Sometimes they are completely neglected from consideration and measures do not take into account their needs by virtue of being non inclusive. On other occasions, there may be special measures for some disadvantaged groups, but persons with disabilities may not be recognised as a separate group, with distinctive needs. <br /><br />Overall, there is a clichéd understanding about the needs and abilities of persons with disabilities, limiting efforts made towards their progress. Even in cases where some effort has been made, information about these measures is not available to persons with disabilities and their family members, who are consequently unable to avail of them. Additionally, the insensitivity of rules/ schemes/ procedures/ persons makes it difficult for persons with disabilities to benefit from them. However, regardless of the reason, the fact remains that there is a huge gap in the communication of information from policy makers, administrators and law makers to persons with disabilities as well as their family members, organisations and other concerned groups and institutions. <br /><br />It is extremely important to bridge this information gap in order to enable persons with disabilities to participate equally in development. Better access to information will enable them to avail of schemes/provisions for their benefit and will consequently enable governments to assess whether they have made adequate provision in various domains as well as identify gaps which need to be addressed.<br />Finally, accessibility of information will also facilitate the participation of government and persons with disabilities in implementation of measures and increase transparency and accountability<br /><br />With this aim in mind, The Hans Foundation decided to engage with Centre for Internet and Society (CIS) to put together a comprehensive resource on disability related policies across India. It gives us great pleasure to publish this resource and we hope that it be of great help to the community.<br /><br />Ms. Sweta Rawat<br />Chairperson<br />The Hans Foundation</p>
<hr />
<p>Click to download the PDF version of the book <a href="https://cis-india.org/accessibility/blog/national-compendium-book" class="internal-link"><b>here</b></a>. (File size 1.72 Mb approx.)</p>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/national-compendium-of-laws-policies-programmes-for-persons-with-disabilities'>https://cis-india.org/accessibility/blog/national-compendium-of-laws-policies-programmes-for-persons-with-disabilities</a>
</p>
No publishernirmitaFeaturedAccessibility2016-02-05T02:16:36ZBlog EntryThe Free Basics debate: Trai has a point in imposing temporary ban on net neutrality
https://cis-india.org/telecom/blog/the-free-basics-debate-trai-has-a-point-in-imposing-temporary-ban-on-net-neutrality
<b>The argument against net neutrality in India is simple. Regulation cannot be based on dogma – evidence of harm must be provided before you can advocate for rules for ISPs and telecom operators.</b>
<p>The article was published in <a class="external-link" href="http://www.firstpost.com/india/the-free-basics-debate-trai-has-a-point-in-imposing-temporary-ban-on-net-neutrality-2558884.html"><b>FirstPost</b></a> on December 24, 2015.</p>
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<p style="text-align: justify; ">But net neutrality regardless of your preferred definition is a very complex regulatory question and there is no global or even national consensus on what counts as relevant evidence. To demonstrate the chain of causality between network neutrality violations and a variety of potential harms - expertise in a wide variety of fields such as economics, competition law, telecom policy, spectrum allocation, communications engineering and traffic management is required. Even with a very large research budget and a multidisciplinary team it would be impossible to predict with confidence what the impact of a particular regulatory option will be on the digital divide or innovation. And therefore the advocates of forbearance say that the Indian telecom regulator — Trai — should not regulate unprecedented technical and business model innovations like Facebook's Free Basics since we don't understand them.</p>
<p style="text-align: justify; ">Till recently I agreed with this empirical line of argument. But increasingly I am less convinced that scientific experiment and evidence is the only basis for regulation. Perhaps there is a small but necessary role for principles or ideology. Like the subtitle of Nassim Nicholas Taleb's book, we need to ask: How to Live in a World We Don't Understand. Let us take another area of technological regulation – cyber security. Do we really need to build a centralised database containing the passwords of all netizens and perform scientific experiments on it to establish that it can be compromised? A 100 percent centralised system has a single point of failure and therefore from a security perspective centralisation is almost always a bad idea. How are we so sure that such a system will be compromised at some date? To quote Sherlock Holmes: “Once you eliminate the impossible, whatever remains, no matter how improbable, must be the truth.” Decentralisation eliminates the possibility of a single point of failure thereby growing resilience. The Internet is perhaps the most famous example. It is not necessarily true that all decentralized systems are more secure than all centralised system of a decentralized network but it is usually the case. In other words, the principle of decentralisation in cyber security does not require repeated experimental confirmation across<br />markets and technologies.</p>
<p style="text-align: justify; ">To complicate matters, the most optimal solutions developed using economics and engineering may not be acceptable to most stakeholders. Professor Vishal Misra has provided a Shapley Value solution using cooperative game theory in the multi-sided market to determine how surplus should be divided between three types of ISPs [eyeball, transit and content] and Internet companies using transparent paid transit arrangements. But a migration from the current opaque arrangement to the Misra solution may never happen because Internet companies will resist such proposals and are increasingly getting into access provision themselves through projects like Google Fibre and Loom. Walter Brown from South African Communications Forum proposes that billing by minutes for phone calls and billing by message for SMSes should be prohibited because on 4G networks voice and text messages are carried as data and price is the best signal to consumers to ensure optimum use of network resources. This according to Walter Brown will eliminate the incentive for telcos to throttle or block or charge differently for VOIP traffic. Again this solution will not be adopted by any regulator because regulators prefer incremental changes with the least amount of disruption.</p>
<p style="text-align: justify; ">So given that we only have numbers that we can't trust - what should be some of the principles that form the bedrock of our net neutrality policy? To begin with there is the obvious principle of non-discrimination. The premise is simple – anyone who has gate-keeping powers might abuse it. Therefore we need to eliminate the possibility through regulation. Non-exclusivity is the result of non-discrimination and transparency is its precondition. That can also be considered as a principle and now we have three core principles to work with. Maybe that is sufficient since we should keep principles to the bare minimum to keep regulation and compliance with regulation simple. Some net<br />neutrality experts have also identified fairness and proportionality as additional principles. How do we settle this? Through transparent and participatory policy development as has been the case so far. Once we have principles articulated in law - how can we apply them to a specific case such as Facebook's Free Basics? Through the office of the appropriate regulator. As Chris Marsden advocates, net neutrality regulations should ideally be positive and forward looking. Positive in the sense that there should be more positive obligations and incentives than prohibitions and punitive measures. Forward looking in the sense that that the regulations should not retard or block technological and business model innovations. For example zero-rated walled gardens could be regulated by requiring that promoters such as Facebook also provide 50Mb of data per day to all users of Free Basics and also by requiring that Reliance provides the very same free service to other parties that want to compete with Facebook with similar offerings. Alternatively, users of Free Basics should get access to the whole Internet every other hour. All these proposal ensure that Facebook and it business partners have a incentive to innovate but at the same time ensures that resultant harms are mitigated.</p>
<p style="text-align: justify; ">Just to be absolutely clear, my defense of principle based regulation does not mean that I see no role for evidence and research. As regulation gets under way – further regulation or forbearance should be informed by evidence. But lack of evidence of harm is not an excuse for regulatory forbearance. India is the last market on the planet where the walled garden can be bigger than the Internet – and Facebook is sure giving it its very best shot. Fortunately for us Trai has acted and acted appropriately by issuing a temporary prohibition till regulation has been finalised. Like the US, coming up with stable regulation may take 10 years and we cannot let Facebook shape the market till then.</p>
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For more details visit <a href='https://cis-india.org/telecom/blog/the-free-basics-debate-trai-has-a-point-in-imposing-temporary-ban-on-net-neutrality'>https://cis-india.org/telecom/blog/the-free-basics-debate-trai-has-a-point-in-imposing-temporary-ban-on-net-neutrality</a>
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No publishersunilTelecomFeaturedNet Neutrality2015-12-25T14:58:30ZBlog Entry