Internet Governance Blog
CIS Cybersecurity Series (Part 14) – Menaka Guruswamy
CIS interviews Menaka Guruswamy, lawyer at the Supreme Court of India, as part of the Cybersecurity Series.
Search and Seizure and the Right to Privacy in the Digital Age: A Comparison of US and India
The development of information technology has transformed the way in which individuals make everyday transactions and communicate with the world around us. These interactions and transactions are recorded and stored – constantly available for access by the individual and the company through which the service was used.
Legislating for Privacy - Part II
Apart from the conflation of commercial data protection and privacy, the right to privacy bill has ill-informed and poorly drafted provisions to regulate surveillance.
Net Neutrality, Free Speech and the Indian Constitution – III: Conceptions of Free Speech and Democracy
In this 3 part series, Gautam Bhatia explores the concept of net neutrality in the context of Indian law and the Indian Constitution.
European Court of Justice rules Internet Search Engine Operator responsible for Processing Personal Data Published by Third Parties
The Court of Justice of the European Union has ruled that an "an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.” The decision adds to the conundrum of maintaining a balance between freedom of expression, protecting personal data and intermediary liability.
Net Freedom Campaign Loses its Way
A recent global meet was a victory for governments and the private sector over civil society interests.
Filtering content on the internet
The op-ed was published in the Hindu on May 2, 2014.
On May 5, the Supreme Court will hear Kamlesh Vaswani’s infamous anti-pornography petition again. The petition makes some rather outrageous claims. Watching pornography ‘puts the country’s security in danger’ and it is ‘worse than Hitler, worse than AIDS, cancer or any other epidemic,’ it says. This petition has been pending before the Court since February 2013, and seeks a new law that will ensure that pornography is exhaustively curbed.
Disintegrating into binaries
The petition assumes that pornography causes violence against women and children. The trouble with such a claim is that the debate disintegrates into binaries; the two positions being that pornography causes violence or that it does not. The fact remains that the causal link between violence against women and pornography is yet to be proven convincingly and remains the subject of much debate. Additionally, since the term pornography refers to a whole range of explicit content, including homosexual adult pornography, it cannot be argued that all pornography objectifies women or glamorises violent treatment of them.
Allowing even for the petitioner’s legitimate concern about violence against women, it is interesting to note that of all the remedies available, he seeks the one which is authoritarian but may not have any impact at all. Mr. Vaswani could have, instead, encouraged the state to do more toward its international obligations under the Convention on the Elimination of Discrimination against Women (CEDAW). CEDAW’s General Recommendation No. 19 is about violence against women and recommends steps to be taken to reduce violence against women. These include encouraging research on the extent, causes and effects of violence, and adopting preventive measures, such as public information and education programmes, to change attitudes concerning the roles and status of men and women.
Child pornography
Although different countries disagree about the necessity of banning adult pornography, there is general international consensus about the need to remove child pornography from the Internet. Children may be harmed in the making of pornography, and would at the very minimum have their privacy violated to an unacceptable degree. Being minors, they are not in a position to consent to the act. Each act of circulation and viewing adds to the harmful nature of child pornography. Therefore, an argument can certainly be made for the comprehensive removal of this kind of content.
Indian policy makers have been alive to this issue. The Information Technology Act (IT Act) contains a separate provision for material depicting children explicitly or obscenely, stating that those who circulate such content will be penalised. The IT Act also criminalises watching child pornography (whereas watching regular pornography is not a crime in India).
Intermediaries are obligated to take down child pornography once they have been made aware that they are hosting it. Organisations or individuals can proactively identify and report child pornography online. Other countries have tried, with reasonable success, systems using hotlines, verification of reports and co-operation of internet service providers to take down child pornography. However, these systems have also sometimes resulted in the removal of other legitimate content.
Filtering speech on the Internet
Child pornography can be blocked or removed using the IT Act, which permits the government to send lists of URLs of illegal content to internet service providers, requiring them to remove this content. Even private parties can send notices to online intermediaries informing them of illegal content and thereby making them legally accountable for such content if they do not remove it. However, none of this will be able to ensure the disappearance of child pornography from the Internet in India.
Technological solutions like filtering software that screens or blocks access to online content, whether at the state, service provider or user level, can at best make child pornography inaccessible to most people. People who are more skilled than amateurs will be able to circumvent technological barriers since these are barriers only until better technology enables circumvention.
Additionally, attempts at technological filtering usually even affect speech that is not targeted by the filtering mechanism. Therefore, any system for filtering or blocking content from the Internet needs to build in safeguards to ensure that processes designed to remove child pornography do not end up being used to remove political speech or speeches that are constitutionally protected.
In the Vaswani case, the government has correctly explained to the Supreme Court that any greater attempt to monitor pornography is not technologically feasible. It has pointed out that human monitoring of content will delay transmission of data substantially, will slow down the Internet, and will also be ineffective, since the illegal content can easily be moved to other servers in other countries.
Making intermediaries liable for the content they host will undo the safe harbour protection granted to them by the IT Act. Without it, intermediaries like Facebook will actually have to monitor all the content they host, and the resources required for such monitoring will reduce the content that makes its way online. This would seriously impact the extensiveness and diversity of content available on the Internet in India. Additionally, when demands are made for the removal of legitimate content, profit-making internet companies will be disinclined to risk litigation much in the same way as Penguin was reluctant to defend Wendy Doniger’s book.
If the Supreme Court makes the mistake of creating a positive obligation to monitor Internet content for intermediaries, it will effectively kill the Internet in India.
(Chinmayi Arun is research director, Centre for Communication Governance, National Law University, Delhi, and fellow, Centre for Internet and Society, Bangalore)
Networks: What You Don’t See is What You (for)Get
When I start thinking about DML (digital media and learning) and other such “networks” that I am plugged into, I often get a little confused about what to call them.
The Embodiment of the Right to Privacy within Domestic Legislation
The Right to Privacy is a pivotal construct, essential to the actualization of justice, fairness and equity within any democratic society. It is an instrument used to secure the boundaries of an individual’s personal space, in his interaction with not only the rest of society but also the State.
Net Neutrality, Free Speech and the Indian Constitution - II
In this 3 part series, Gautam Bhatia explores the concept of net neutrality in the context of Indian law and the Indian Constitution.
NETmundial Day 2
Fadi Chehade, the ICANN boss, closed NETmundial 2014 with these words "In Africa we say if you want to go first, go alone, but if you want to go far, go together." He should have added: And if you want to go nowhere, go multi-stakeholder.
NETmundial: Tracking *Multistakeholder* across Contributions
This set of analysis of the contributions submitted to NETmundial 2014 is part of the effort by the Centre for Internet and Society, Bangalore, India, to enable productive discussions of the critical internet governance issues at the meeting and elsewhere.
Brazil passes Marco Civil; the US-FCC Alters its Stance on Net Neutrality
Hopes for the Internet rise and fall rapidly. Yesterday, on April 23, 2014, Marco Civil da Internet, the Brazilian Bill of Internet rights, was passed by the Brazilian Senate into law.
NETmundial Day 1
Brazilian President Dilma Rousseff's speech at the opening of NETmundial in São Paulo was refreshingly free of the UN-speak that characterised virtually every single other presentation this morning. The experience of sitting for five hours in a room where the word "multi-stakeholder" is repeated at the rate of five mentions per minute is not for the faint-hearted; it almost makes you wish for more of the straight-talking tough-love of people like Swedish Foreign Minister Carl Bildt.
NETmundial Roadmap: Defining the Roles of Stakeholders in Multistakeholderism
NETmundial, one of the most anticipated events in the Internet governance calendar, will see the global community convening at Sao Paolo, with an aim to establish 'strategic guidelines related to the use and development of the Internet in the world.' This post analyses the submissions at NETmundial that focused on Roadmap, towards an understanding of stakeholder roles in relation to specific governance functions and highlighting the political, technical and architectural possibilities that lie ahead.
NETmundial Day 0
Day O of NETmundial began at Arena NetMundial, an alternative-ish, Brazilian counterpart to the official "multistakeholder" meeting being organised at the very expensive Grand Hyatt. Arena NETmundial began today and will extend until the last day of NETmundial; it's being organised at the very democratic Centro Cultural São Paulo - free to all, no registration required - and offers space for a whole host of organised and spontaneous activity.
Accountability of ICANN
The issue of how to ensure the legitimacy and accountability of ICANN is a concern which finds voice in many of the proposals. Four broad stands can be gleaned from the submissions to NETmundial '14 on this issue.
NETmundial - Word Clouds of Contributions by Types of Organisation
This set of analysis of the contributions submitted to NETmundial 2014 is part of the effort by the Centre for Internet and Society, Bangalore, India, to enable productive discussions of the critical internet governance issues at the meeting and elsewhere.
NETmundial - Which Governments Have Not Submitted Contributions to NETmundial?
| Created by Sumandro using Datamaps. |
The map shows (in *green*) all the countries from where no government agency has submitted any contribution to NETmundial. Governments of the countries appearing in *white* have contributed to the NETmundial process.
Inter-governmental and international bodies that have submitted contributions to NETmundial -- such as OECD and UNESCO -- have not been considered while creating the above map. To see the map of all the countries from where there have been no contributions (by any kinds of organisation) to NETmundial, click here. |
The Centre for Internet and Society, Bangalore, India, is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness, and engages in academic research on digital natives and digital humanities.
The visualisations are done by Sumandro Chattapadhyay, based on data compilation and analysis by Jyoti Panday, and with data entry support from Chandrasekhar.
| Built on Bootstrap by Sumandro. | All code, content and data is co-owned by the author(s) and Centre for Internet and Society, Bangalore, India, and shared under Creative Commons Attribution-ShareAlike 2.5 India license. |
NETmundial - Which Countries Have Not Submitted Contributions to NETmundial?
This set of analysis of the contributions submitted to NETmundial 2014 is part of the effort by the Centre for Internet and Society, Bangalore, India, to enable productive discussions of the critical internet governance issues at the meeting and elsewhere.
