We are anonymous, we are legion

Demonetisation: Cost Vs Benefit

praskrishna — 2017-01-17T16:04:16Z

Sunil Abraham took part in a discussion on Demonetisation in NDTV's Big Fight programme aired on December 24, 2016.

Prime Minister's big post-demonetisation deadline of 50 days is coming to a close. Does this mean that people's ordeal with the currency ban will also come to an end? Will the government continue to have people's support and patience through its big bang reforms if they fail to achieve their original aim of retrieving black money? We ask, what lies ahead for India? How long will it take for India to become a cashless economy? What are the pitfalls? With a high bank dormancy rate of 43%, most Indians still prefer to make transactions through cash. Even if we are able to make that journey to becoming a cashless economy by 2020, does the government have the infrastructure to make online payments safe?

Sunil Abraham said that the trouble with the design of the Aadhaar project is that it makes citizens transparent to the state and does not make state transparent to the citizen. With every generation of corruption busting technology we see new ways of corruption being introduced into our society. For more watch the video

For more details visit https://cis-india.org/internet-governance/news/ndtv-december-24-2016-demonetisation-cost-versus-benefit

India’s Digital ID Rollout Collides With Rickety Reality

praskrishna — 2017-01-17T15:35:04Z

India’s new digital identification system, years in the making and now being put into widespread use, has yet to deliver the new era of modern efficiency it promised for shop owner Om Prakash and customer Daya Chand.

The article by Gabriele Parussini was published in the Wall Street Journal on January 13, 2017. Hans Varghese Mathews was quoted.

At first, it drove both men up a tree.

The system, which relies on fingerprints and eye scans to eventually provide IDs to all 1.25 billion Indians, is also expected to improve the distribution of state food and fuel rations and eventually facilitate daily needs such as banking and buying train tickets.

But Mr. Prakash couldn’t confirm his customers’ identities until he dragged them to a Java plum tree in a corner of his village near New Delhi’s international airport. That was the only place to get the phone signal needed to tap into the government database.

“I hopped on a chair and put my finger in the machine,” said Mr. Chand, a 60-year-old taxi driver. Getting his state food ration “used to be much easier,” he said.

In a system so vast, even small glitches can leave millions of people empty-handed.

The government began building the system, called Aadhaar, or “foundation,” with great fanfare in 2009, led by a team of pioneering technology entrepreneurs. Since then, almost 90% of India’s population has been enrolled in what is now the world’s largest biometric data set.

Prime Minister Narendra Modi, who set aside early skepticism about the Aadhaar project after taking power in 2014, is betting that it can help India address critical problems such as poverty and corruption, while also saving money for the government.

But the technology is colliding with the rickety reality of India, where many people live off the grid or have fingerprints compromised by manual labor or age.

Panna Singh, a 55-year-old day laborer in the northwestern state of Rajasthan who breaks stones used to build walls, says the machine recognized his scuffed-up fingerprints only a couple of times.

“I’ve come twice today,” he said at a ration shop in the village of Devdungri. “That’s a full day of work, gone.”

Iris scans are meant to resolve situations where fingerprints don’t work, but shops don’t yet have iris scanners.

Ajay Bhushan Pandey, chief executive of the government agency that oversees Aadhaar, said kinks will be ironed out as the system is used, as is the case with software rollouts. It works 92% of the time, and that will rise to 95%, he said.

“On the scale of what [Aadhaar] has achieved, the rollout has been remarkably smooth,” said Nandan Nilekani, the Infosys co-founder who spearheaded the project. “I don’t see any issues that are disproportionate to the size of project.”

An Aadhaar ID is intended to be a great convenience, replacing the multitude of paperwork required by banks, merchants and government agencies. The benefits are only just beginning, backers say, as the biometric IDs are linked to programs and services.

But in rural areas, home to hundreds of millions of impoverished Indians dependent on subsidies, the impact of technical disruptions has already been evident.

After walking for two hours across rough underbrush in Rajasthan to get kerosene for the month, Hanja Devi left empty-handed because the machine couldn’t match her fingerprint with her Aadhaar number.

“It’s always so difficult” using the system, said Ms. Devi, who lives with her husband and a nephew on 1,500 rupees ($22) a month.

Ranjit Singh, who operates the shop, said five of the 37 customers before Ms. Devi also left the shop empty-handed, a failure rate of over 15%.

A shop manager in a neighboring village said identification had failed for a similar portion of his 500 customers.

Any biometric recognition system of Aadhaar’s size is bound to show duplicates, meaning some people’s biometric identifiers will match someone else’s when they try to enroll.The new system hasn’t eliminated attempts at fraud. In August, police in Rajasthan accused two shop managers of linking their fingerprints to a multitude of cards and stealing for months the rations of dozens of clients.

Hans Varghese Mathews, a mathematician at the Bangalore-based Center for Internet and Society, used the results of a test run by Aadhaar officials on a sample of 84 million people to extrapolate the figure for India’s total population. The error level is less than 1%, but in the world’s second-most populous country, the snag would still affect about 11 million people, he said.

Government officials disputed the calculation, saying the number of duplicates would be much smaller—and that it would take only seven analysts to manage the error caseload.

As for trouble connecting to the registry, better infrastructure, including steadier internet connections, will eventually also help, Mr. Pandey said.

For now, Mr. Prakash has found a way to cope without climbing trees. After scouring the village, he set up a shack in a spot with enough bandwidth for his fingerprint scanner to work. It is hardly efficient. He issues receipts in the morning at the shack, then goes back to his shop to hand out the grains. Customers have to line up twice, sometimes for hours.

Mr. Prakash has applied to the government to operate without biometric identification, but his request was turned down, he said. “They said: ‘You have to keep trying.’ ”

For more details visit https://cis-india.org/internet-governance/news/wall-street-journal-gabriele-parussini-january-13-2017-indias-digital-id-rollout-collides-with-rickety-reality

Supreme Court issues notice to WhatsApp, Centre on data privacy

praskrishna — 2017-01-17T15:06:08Z

Analysts said India lacked data protection laws.

The article by MJ Antony, Ayan Pramanik and Apurva Venkat was published in the Business Standard on January 17, 2017. Sunil Abraham was quoted.

The Supreme Court on Monday issued notices to the Centre and WhatsApp over an appeal alleging the instant messaging service did not ensure the privacy of its users and seeking regulations to protect personal information.

Chief Justice J S Khehar granted urgent hearing when Harish Salve, counsel for the petitioner, submitted that the service provided free by the platform to 155 million subscribers violated constitutional provisions protecting privacy.

The government and WhatsApp would file their replies within two weeks, the court directed after Salve sought its intervention to protect consumer data till India enacted data protection laws.

The Supreme Court heard the petition after the Delhi High Court in September directed WhatsApp not to share its users’ data with its parent Facebook and asked it to provide users with the option to opt out. The court was hearing a public interest litigation over a change in WhatsApp’s user policies that explicitly allowed Facebook to access to WhatsApp users’ data.

A Facebook spokesperson said the company could not comment immediately.

Analysts said India lacked data protection laws that prohibit global Internet firms from harvesting user data for their business. “We used to think that we had some privacy jurisprudence in the country. If you asked a lawyer 1.5 years ago, he would say privacy in India was a constitutionally guaranteed right,” said Sunil Abraham, director of the Centre for Internet Society. “It is not explicitly referenced into the law.”

Saroj Kumar Jha, partner, SRGR Law Offices, said, “Along with the lack of policies and laws, there are very few judgments on privacy issues based on constitutional rights. Thus, it makes it very difficult to judge a case.”

Salve argued that till the government enacted legislation to protect user data, the court should provide protection. The Telecom Regulatory Authority of India should introduce a clause in telecom licences that if calls were intercepted the licence would be cancelled, he said.

The court sought the assistance of Attorney-General Mukul Rohatgi to sort out the issues.

Rohatgi, while arguing an earlier case related to alleged violation of privacy, had taken the stand that the Constitution did not protect the right to privacy. According to him, neither the fundamental rights nor Supreme Court judgments recognises a citizen’s right to privacy. The bench hearing that case referred the question to a constitution bench last year.

For more details visit https://cis-india.org/internet-governance/news/business-standard-mj-antony-ayan-pramanik-apurva-venkat-supreme-court-issues-notice-to-whatsapp-centre-on-data-privacy

The Dangers Of Aadhaar-Based Payments That No One Is Talking About

praskrishna — 2017-01-17T14:39:53Z

Less than three months ago, India’s banking sector was hit by a data breach which compromised 32 lakh debit cards and led to fraudulent transactions worth Rs 1.3 crore.

The article by Mayank Jain was published by Bloomberg on January 17, 2017. Sunil Abraham was quoted.

The incident started a debate around security of payment systems. But the debate had just about begun when the government’s demonetisation decision dragged attention away from it. Now as the dust settles and as the government starts to push newer means of digital payments, the focus is back on the security of systems being seen as an alternative to cash.

One such system is Aadhaar-based payments which could potentially allow citizens to pay anytime anywhere with the tap of a finger.

In theory, it sounds simple.

The Aadhaar-based payment system runs on the existing Aadhaar infrastructure through which a person’s biometrics are used to authenticate the user. Once authenticated, the user can transfer funds directly from one bank account to another without going through a mobile wallet or a card.

The payment system requires a smartphone, a working internet connection and a biometric authentication device with the merchant. The customer needn’t have a card or a phone as long as he or she has an Aadhaar-seeded bank account.

National Payments Corporation of India has developed this payments infrastructure over the existing Aadhaar-Enabled Payments System, the railroad on which the public distribution system has been functioning for years now.

Amitabh Kant, chief executive officer of the government policy think tank NITI Aayog said, earlier this month, that all cards and point-of-sale machines will become redundant in the country in the next two-and-a-half years as Aadhaar-based payments become popular.

A Double-Edged Sword

While payments authenticated by biometrics sound like a good idea in a country where less than one in three people actually own a smartphone, there are fears that integrating biometrics with digital payments could prove to be a security headache.

The first part of the problem is that Aadhaar, while effective, is not a fool-proof method of authentication and identification failures are not uncommon. Building a payment system atop the Aadhaar system will simply transfer some of these vulnerabilities.

The possibility of transaction failures due to a biometric mismatch are real, admitted a former high-ranking official from the Unique Identification Authority of India (UIDAI) who spoke to BloombergQuint on the condition of anonymity.

Officially, the false reject rate – rejection of a biometric when it’s actually correct – is set at a maximum of 2 percent for devices that get certified from the UIDAI. On the ground, however, failure rates vary widely, said the official quoted above.

According to the official statistics on UIDAI, more than 16 lakh Aadhaar-authentication requests failed in the past week. The type of errors encountered ranged from the biometric data not matching the database to demographic details not checking out.

The failure rates on Aadhaar Enabled Payment System for interbank transactions (which is a part of all Aadhaar authentication requests) were found to be as high as 60 percent by the Watal Committee on digital payments which published its report in December.

Additionally, newer security threats may also emerge if the scope of Aadhaar is widened. These include identity theft if a person’s biometrics are compromised from the payment system, phishing attempts, and the difficulty in revoking access once biometric information is compromised.

Biometrics aren’t an exact science, the official quoted above said, while adding that possible glitches have to be weighed against the benefits of offering a widely accessible non-cash mode of payment to citizens.

How Easy Is It To Beat The System?

Sunil Abraham, executive director of Bangalore based research organisation Center for Internet and Society (CIS) said that one way to assess how secure a system is to understand the cost and effort that goes into breaching it.

In the case of Aadhaar-based payment systems, the costs may not be high.

“There’s the gummy finger method which essentially requires some Fevicol or gum to duplicate someone’s fingerprint which can be enough to transact on someone’s behalf without them being there,” said Abraham in a phone conversation with BloombergQuint. “An average person can’t clone a smart card. Just fevicol and glue can help you make a gummy finger. The biometric lobby will say that advanced scanners defeat the gummy finger attack but more advanced scanners are also more expensive.”

Also, using more sensitive devices could push up the instance of false rejection of transactions, said Abraham.

There are other concerns. Like the fact that devices used for Aadhaar identification could store personal information, which, in turn, could be susceptible to a breach.

There are five main components in an Aadhaar app transaction – the customer, the vendor, the app, the back-end validation software, and the Aadhaar system itself. There are also two main external concerns – the security of the data at rest on the phone and the security of the data in transit. At all seven points, the customer’s data is vulnerable to attack.
Bhairav Acharya, Program Fellow, New America

Acharya, who works at a U.S.-based think tank called New America and focuses on cyber-law, said the key concern is that Aadhaar data can be stolen and misused.

“The app and validation software are insecure, the Aadhaar system itself is insecure, the network infrastructure is insecure, and the laws are inadequate.”

The biometric data collected on the authentication device at a merchant location can potentially be stored on the device as well as the smartphone of a merchant for a long time. Abraham added that there is a possibility that non-certified devices will enter the market, which can store data and use it in the future to do fraudulent transactions.

The concerns over potential misuse of biometric data by private agencies has also been highlighted by the Supreme Court of India. Earlier this month, the apex court refused to expedite the hearing on a petition regarding Aadhaar being utilised for multiple use cases by private companies. It, however, observed that private agencies collecting biometric data “is not a great idea”.

Deficient Privacy Laws

Apar Gupta, a Delhi-based lawyer working on cyber security, says that the lack of strong privacy protecting provisions is another concern that should be kept in mind while moving towards an Aadhaar-based payment system.

“The data stays for a long time with the stakeholders in the system. The requesting agency can keep it for seven years and the UIDAI can store it for five years. There are insufficient safeguards and there’s an absence of privacy law and an independent privacy regulator,” he said.

Acharya agreed.

India does not have the necessary laws to deal with a decentralised, biometrically-authenticated, mobile payments system, according to Acharya.

“Moreover, current laws and policies regarding the Aadhaar project, particularly the centralised database, are inadequate from the point of view of data security and end-user privacy,” he said.

Abraham of CIS said the issue is wider than Aadhaar. The problem is the lack of a strong data security law.

We only have a minimal data security law under the Section 43A of the Information and Technology Act which only applies to the private sector. There’s no law that applies to the government. Even 43A has not been applied consistently. There’s no place for you to go and complain if your identity has been compromised.
Sunil Abraham, Executive Director, Centre for Internet & Society

Gupta noted that, in the event of an identity threat, avenues of recourse are also limited. He said the best option is an appeal in the civil court, which is a long drawn out process.

In final analysis, according to Abraham, credit and debit cards are easier to secure as access can be revoked quickly.

“The trouble with biometrics is that the chain of trust is harder to establish because too many people can get access to biometrics and then you need to devise these convoluted solutions like hardware secure zones,” Abraham said.

“So the advantage of going with a smart card is that it can be easily re-secured, but with biometrics, once I compromise it, it’s lifelong.”

For more details visit https://cis-india.org/internet-governance/news/bloomberg-mayank-jain-january-17-2017-dangers-of-aadhaar-based-payments-that-no-one-is-talking-about

The soon-to-be launched Aadhaar Pay will let you make purchases using your fingerprint

praskrishna — 2017-01-16T03:14:22Z

Paying for your groceries and other goods by using your biometrics instead of an e-wallet, debit card or cash seems to be the next phase in the Centre’s ambitious push to shift the country to a “less cash” economy, as its mandarins term it.

The article by Indulekha Aravind was published in the Economic Times on 15 January 2017. Sunil Abraham was consulted for this.

Ajay Bhushan Pandey, CEO of the Unique Identification Authority of India (UIDAI), says it will be rolling out Aadhaar-enabled payment system, or Aadhaar Pay, for merchants in the next few weeks. This will be an app for merchants that enables them to receive payments through biometric authentication of the customer, provided their bank accounts are linked to their Aadhaar number. "A pilot is under way in fair price shops in Andhra Pradesh where shopkeepers are accepting payments from PDS beneficiaries. The results are very encouraging," says Pandey.

The idea takes off from the existing Aadhaar-enabled payment system (AEPS) used by bank business correspondents (BCs) in rural areas to disburse and accept cash, using micro ATMs. "We are trying to tweak this so that a similar device can be used by a local merchant," says Pandey. Adoption will depend on two factors: merchants’ acceptance of it and whether they can use an app rather than a micro ATM. The biggest advantage through this method of payment, says Pandey, is that the customer will not need a credit or debit card, or even a smartphone.

The limits for transactions using AEPS, such as the number of daily transactions, will be left to the discretion of the banks. In the long term, the AEPS will be migrated to the BHIM (Bharat Interface for Money) platform but the rollout of Aadhaar Pay will happen before that. Post demonetisation, banking BC’s number of transactions using AEPS has leapt from 4-5 lakh to 14-15 lakh, says Pandey. According to Reserve Bank of India data on electronic payment systems, the total volume of such transactions jumped from 671 million in November 2016 to 957 million in December. USSD-based payments, which can be done using a basic feature phone, are among the biggest beneficiaries: the volume rose from just 7,000 in November to 1,02,000 in December, and value of transactions from over Rs 7,000 to over Rs 1 lakh. Prepaid payment instruments — mainly mobile wallets — rose from 59 million to 88 million in the same period (and value from Rs 1,300 crore to Rs 2,100 crore).

While Aadhaar Pay is likely to ride the demonetisation wave if it is launched soon, certain concerns remain, as the list is how secure such a payment system will be. The UIDAI CEO says it is a paramount concern for the organisation, too. "We are using the latest technology to ensure the information stays encrypted end to-end, so that information is not leaked or misused. In the months to come, we will strengthen the security."

Wary About Security
Sunil Abraham, executive director of the Centre for Internet and Society, a think tank that has been analysing the Aadhaar project for six years, outlines several reasons why Aadhaar-based biometrics is inappropriate for authentication in payments, unlike card-based payments that use cryptography.

"With biometrics, there is always an error ratio. It is imprecise matching, whereas with cryptography (smart cards), there is no false positive or negative. You either have the key (PIN) or you don’t. It is also very cheap to defeat biometric authentication — even an unlettered person can do it," says Abraham. It would be easy enough, he says, to replicate someone else’s fingerprint by pressing it against lukewarm wax and filling the mould with glue to get a dummy finger. In contrast, compromising a smart card requires more cost and effort, from tech-savviness to machines such as a skimmer that will read the card. "And once you are compromised,you are compromised forever. You can’t change it, like a debit card PIN."

Using Aadhaar for authentication had proved to be a failure during the exchange of currency notes following demonetisation, he adds, pointing to how the poor and the middle class stood in queues for money while stacks of new currency were recovered from the homes of businessmen and bureaucrats. "When you have bank officials who are corrupt, giving them your biometrics is giving them more ammunition for corruption." To catch the criminals, law enforcement agencies had to resort to CCTV footage,a relatively older technology, he says. Others point out that while it may be secure, certain factors stand in the way of making biometrics-based payment authentication a large-scale success. Amrish Rau, CEO of PayU India, a payment gateway provider, cites a list of reasons why it would inevitably take off but only in 5-10 years.

"For one, the technology is not yet good enough. There are also bandwidth and data constraints in sending biometric data," says Rau. Even in more mature markets, it has yet to find widespread acceptance, he says, pointing to the slow adoption of Apple Pay and Samsung Pay in the US. "It’s not the answer today.” This is in contrast to NITI Aayog CEO Amitabh Kant’s recent remarks that cards and PoS machines would become redundant by 2020 because Indians would be making payments using their thumb (biometrics). "... my view is that in the next two and a half years, India will make all its debit cards, credit cards, all ATM machines, all PoS machines totally irrelevant,” Kant had said at a Pravasi Bharatiya Divas session in Bengaluru.

UIDAI’s Pandey is more circumspect. “I wouldn’t say who would replace what. But from the government’s side we are encouraging all modes of digital payment. India has a diverse population and some people might prefer using a card, others a wallet. Collectively, they will contribute to a less-cash society.”

For more details visit https://cis-india.org/internet-governance/news/economic-times-indulekha-aravind-january-15-2017-the-soon-to-be-launched-aadhaar-pay-will-let-you-make-purchases-using-your-fingerprint

Millions of Indians move from cash to digital payments. But some ask whether it’s safe

praskrishna — 2017-01-16T02:52:33Z

Minutes after Indian Prime Minister Narendra Modi began an ambitious new mobile-phone-payment application in December, several clones of the app popped up at Android smartphone stores.

The article by Rama Lakshmi was published by Washington Post on 14 January 2017, Sunil Abraham was quoted. Annie Gowen contributed to this report.

In the first few days, users were flooded with spam requests for money.

The Bhim app sponsored by the government was rushed out after Modi’s abrupt withdrawal of large currency bills two months ago. More than 10 million people downloaded it in just 10 days, but in a country where awareness and regulation of privacy, data protection and digital security are low, the number of cyberattacks is rising.

“We are rushing toward launching and using these plethora of financial tech apps without the exhaustive security testing and education that is needed,” said Sunil Abraham, executive director of the Center for Internet and Society. “We are operating in a bit of a regulatory vacuum.”

Modi’s ambitious move to swap old bills for new was intended to fight the hoarding of illicit cash reserves. But it was derailed by shoddy implementation, left citizens in Asia’s third-largest economy without cash for weeks, slowed manufacturing and sent workers home, and is now likely to significantly affect the country’s economic growth this year, economists say. It was acutely painful for a country where 80 percent of transactions were conducted with cash.

Modi quickly responded by turning the adversity into a call for Indians to kick their overwhelming dependence on cash and opt for digital payments overnight. The Bhim app is just one of many available. But in this leap, experts say, security concerns are being overlooked.

The new payment apps and e-wallet companies are governed by India’s outdated information technology law of 2008 and central bank guidelines.

“India urgently needs a new digital payment law that regulates all these mobile payment apps that have sprung up overnight,” said Pavan Duggal, a cyber-law expert. “We are right now in a completely uncharted and unsupervised territory legally. The norms for wallet companies are undefined. If I lose my money due to a fraud, I can go round and round in circles with no remedy.”

The central bank recently issued guidelines asking payment banks to carry out security audits, but Duggal said “there is no penalty or punishment for noncompliance.”

The problem is compounded by the fact that education about security risks online is abysmally sparse, especially in India’s small towns and villages. Indians are complacent about cyber risks in their online behavior, according to the Norton Cyber Security Insights Report. India does not have a privacy law.

India reported more than 39,000 incidents of cyberattacks in the first nine months of 2016, according to the government, including phishing, scanning and probing, website intrusions, defacements, virus and malicious code, and denial-of-service attacks.

“The Pentagon got hacked, right? You haven’t closed down the Pentagon as yet,” said Piyush Goyal, a minister. “These things will happen, and we have to be one step ahead of the hackers and the so-called security breaches and continuously improving and improvising as they do in America or other developed economies.”

In October, top banks had to fix the security codes of about 3.2 million debit cards in one of the biggest data breaches in India. Some users complained that their cards had been used in China.

Last month, hackers attacked Twitter and email accounts of prominent politicians and journalists and defaced the website of the National Security Guard, an elite commando force.

“The focus of global hackers has shifted to India. The cyber risk is a direct fallout of the growth in the number of digital users,” said Saket Modi, the chief executive of Lucideus Tech, the firm that conducted the security audit of the government’s Bhim app.

Since the cash crunch began, the largest private e-wallet company, Paytm, has experienced a 400 percent jump in new downloads.

But only 342 million people access the Internet on their mobile phones. The government has introduced dial-in service for those who have basic cellphones to make digital payments.

The government is airing radio jingles telling citizens not to share their personal identification numbers and has a toll-free helpline to teach people how to make online payments.

“Officials understand how security worries can be a big dampener in their campaign to get people to go digital,” said Vinayak Godse, senior director at the Data Security Council of India, an industry body that advises the government.

But in a trade-off between convenience and security, the central bank recently waived the mandatory two-factor authentication for transactions less than $30 online.

Some cybersecurity experts say that Indians are not ready for this step.

The police recently arrested a gang in the eastern state of Jharkhand; operators were calling people posing as bank executives and tricking them into sharing their card details. They used the cards to do online shopping and transferred money into their e-wallet accounts.

“People are gullible and can be threatened or lured to part with their bank details easily. We need as many safeguards as we can have,” said Surendra Kumar, a senior police officer in New Delhi who busted the gang.

But the biggest problem people face is that police in one state get very little cooperation from those in another state in digital-crime complaints, said Rakshit Tandon, a cybersecurity expert who trains police, military members and school students.

“Only in big-ticket frauds will police departments from different states coordinate their investigations,” Tandon said. “If a person loses a relatively smaller amount digitally, the case won’t go far. Even though that amount may mean a lot in that person’s life.”

For more details visit https://cis-india.org/internet-governance/news/washington-post-january-14-2017-rama-lakshmi-millions-of-indians-move-from-cash-to-digital-payments

Global Governance Futures 2027 - Session 3, New Delhi

sumandro — 2017-01-15T11:46:27Z

The Global Governance Futures program (GGF) initiated by Global Public Policy Institute and supported by Robert Bosch Stiftung brings together young professionals to look ahead ten years and recommend ways to address global challenges. Sumandro Chattapadhyay will join Ankhi Das (Facebook) and Arun Mohan Sukumar (Observer Research Foundation) on Tuesday, January 17, to discuss the "data governance" scenarios developed by the GGF 2027 Fellows.

About the Programme: External Link.

GGF 2027 Fellows: External Link.

GGF 2027 Session 3, New Delhi - Agenda: Download (PDF).

For more details visit https://cis-india.org/internet-governance/news/global-governance-futures-2027-session-3-new-delhi

Social Media Monitoring

amber — 2017-01-16T14:23:13Z

We see a trend of social media and communication monitoring and surveillance initiatives in India which have the potential to create a chilling effect on free speech online and raises question about the privacy of individuals. In this paper, Amber Sinha looks at social media monitoring as a tool for surveillance, the current state of social media surveillance in India, and evaluate how the existing regulatory framework in India may deal with such practices in future.

Social Media Monitoring: Download (PDF)

Introduction

In 2014, the Government of India launched the much lauded and popular citizen outreach website called MyGov.in. A press release by the government announced that they had roped in global consulting firm PwC to assist in the data mining exercise to process and filter key points emerging from debates on Mygov.in. While this was a welcome move, the release also mentioned that the government intended to monitor social media sites in order to gauge popular opinion. Further, earlier this year, the government set up National Media Analytics Centre (NMAC) to monitor blogs, media channels, news outlets and social media platforms. The tracking software used by NMAC will generate tags to classify post and comments on social media into negative, positive and neutral categories, paying special attention to “belligerent” comments, and also look at the past patterns of posts. A project called NETRA has already been reported in the media a few years back which would intercept and analyse internet traffic using pre-defined filters. Alongside, we see other initiatives which intend to use social media data for predictive policing purposes such as CCTNS and Social Media Labs.

Thus, we see a trend of social media and communication monitoring and surveillance initiatives announced by the government which have the potential to create a chilling effect on free speech online and raises question about the privacy of individuals. Various commentators have raised concerns about the legal validity of such programmes and whether they were in violation of the fundamental rights to privacy and free expression, and the existing surveillance laws in India. The lack of legislation governing these programmes often translates into an absence of transparency and due procedure. Further, a lot of personal communication now exists in the public domain which renders traditional principles which govern interception and monitoring of personal communications futile. In the last few years, the blogosphere and social media websites in India have also changed and become platforms for more dissemination of political content, often also accompanied by significant vitriol, ‘trolling’ and abuse. Thus, we see greater policing of public or semi-public spaces online. In this paper, we look at social media monitoring as a tool for surveillance, the current state of social media surveillance in India and evaluate how the existing regulatory framework in India may deal with such practices in future.

For more details visit https://cis-india.org/internet-governance/blog/social-media-monitoring

Comments on the Proposed ICANN Community Anti-Harassment Policy

Padma Venkataraman, Rohini Lakshané, Sampada Nayak and Vidushi Marda — 2017-01-13T15:56:40Z

ICANN sought community input on the Proposed ICANN Community Anti-Harassment Policy on 7 November 2016. In response to this the Centre for Internet & Society (CIS) submitted its comments.

We at CIS are grateful for the opportunity to comment on the proposed ICANN Community Anti-Harassment Policy (“Policy”). We provide our specific comments to the Policy below, in three sections. The first section addresses the Terms of Participation, the second deals with the Reporting and Complaint Procedure, and the third places on record our observations on questions and issues for further consideration which have not been covered by the Policy.

Besides various other observations, CIS broadly submitted:

The attempt to provide an exhaustive definition of “Specified Characteristics” results in its meaning being unclear and exclusionary.
CIS strongly supports the phrase “including, but not limited to” that is followed by a bulleted list of inappropriate conduct.
The word “consent” is entirely missing from the draft policy even though the deciding factor in the “appropriateness” of an act or conduct is active and explicit consent to the act by both/ all individuals involved.
There is a need for clarity of communication platforms. The current Policy fails to specify instances of face-to-face and online communications.
The policy fails to account for a body of persons (as is provided for in the IETF policy) for the redressal of harassment complaints.
The provision for an informal resolution of a harassment issue is problematic as it could potentially lead to negative consequences for the complainant.
The Ombudsperson’s discretion in the determination of remedial action is detrimental to transparency and accountability.
The Policy in its current form lacks provisions for ensuring privacy and confidentiality of the complainant as well as interim relief while the Ombudsperson is looking into the complaint

Read the Complete Submission here

For more details visit https://cis-india.org/internet-governance/blog/comments-on-the-proposed-icann-community-anti-harassment-policy

Comments on the Report of the Committee on Digital Payments (December 2016)

Sumandro Chattapadhyay and Amber Sinha — 2017-01-12T12:32:22Z

The Committee on Digital Payments constituted by the Ministry of Finance and chaired by Ratan P. Watal, Principal Advisor, NITI Aayog, submitted its report on the "Medium Term Recommendations to Strengthen Digital Payments Ecosystem" on December 09, 2016. The report was made public on December 27, and comments were sought from the general public. Here are the comments submitted by the Centre for Internet and Society.

1. Preliminary

1.1. This submission presents comments by the Centre for Internet and Society (“CIS”) [1] in response to the report of the Committee on Digital Payments, chaired by Mr. Ratan P. Watal, Principal Advisor, NITI Aayog, and constituted by the Ministry of Finance, Government of India (“the report”) [2].

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, 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, and open access), internet governance, telecommunication reform, digital privacy, and cyber-security.

2.2. CIS is not an expert organisation in the domain of banking in general and payments in particular. Our expertise is in matters of internet and communication governance, data privacy and security, and technology regulation. We deeply appreciate and are most inspired by the Ministry of Finance’s decision to invite entities from both the sectors of finance and information technology. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved, especially the citizens and the users. CIS is thankful to the Ministry of Finance for this opportunity to provide a general response on the report.

3. Comments

3.1. CIS observes that the decision by the Government of India to withdraw the legal tender character of the old high denomination banknotes (that is, Rs. 500 Rs. 1,000 notes), declared on November 08, 2016 [3], have generated unprecedented data about the user base and transaction patterns of digital payments systems in India, when pushed to its extreme use due to the circumstances. The majority of this data is available with the National Payments Corporation of India and the Reserve Bank of India. CIS requests the authorities concerned to consider opening up this data for analysis and discussion by public at large and experts in particular, before any specific policy and regulatory decisions are taken towards advancing digital payments proliferation in India. This is a crucial opportunity for the Ministry of Finance to embrace (open) data-driven regulation and policy-making.

3.2. While the report makes a reference to the European General Data Protection Directive, it does not make a reference to any substantive provisions in the Directive which may be relevant to digital payments. Aside from the recommendation that privacy protections around the purpose limitation principle be relaxed to ensure that payment service providers be allowed to process data to improve fraud monitoring and anti-money laundering services, the report is silent on significant privacy and data protection concerns posed by digital payments services. CIS strongly warns that the existing data protection and security regulations under Information Technology (Reasonable security practices and procedures and sensitive personal data or information), Rules are woefully inadequate in their scope and application to effectively deal with potential privacy concerns posed by digital payments applications and services. Some key privacy issues that must be addressed either under a comprehensive data protection legislation or a sector specific financial regulation are listed below. The process of obtaining consent must be specific, informed and unambiguous and through a clear affirmative action by the data subject based upon a genuine choice provided along with an option to opt out at any stage. The data subjects should have clear and easily enforceable right to access and correct their data. Further, data subjects should have the right to restrict the usage of their data in circumstances such as inaccuracy of data, unlawful purpose and data no longer required in order to fulfill the original purpose.

3.3. The initial recommendation of the report is to “[m]ake regulation of payments independent from the function of central banking” (page 22). This involves a fundamental transformation of the payment and settlement system in India and its regulation. We submit that a decision regarding transformation of such scale and implications is taken after a more comprehensive policy discussion, especially involving a wider range of stakeholders. The report itself notes that “[d]igital payments also have the potential of becoming a gateway to other financial services such as credit facilities for small businesses and low-income households” (page 32). Thus, a clear functional, and hence regulatory, separation between the (digital) payments industry and the lending/borrowing industry may be either effective or desirable. Global experience tells us that digital transactions data, along with other alternative data, are fast becoming the basis of provision of financial and other services, by both banking and non-banking (payments) companies. We appeal to the Ministry of Finance to adopt a comprehensive and concerted approach to regulating, enabling competition, and upholding consumers’ rights in the banking sector at large.

3.4. The report recognises “banking as an activity is separate from payments, which is more of a technology business” (page 154). Contemporary banking and payment businesses are both are primarily technology businesses where information technology particularly is deployed intimately to extract, process, and drive asset management decisions using financial transaction data. Further, with payment businesses (such as, pre-paid instruments) offering return on deposited money via other means (such as, cashbacks), and potentially competing and/or collaborating with established banks to use financial transaction data to drive lending decisions, including but not limited to micro-loans, it appears unproductive to create a separation between banking as an activity and payments as an activity merely in terms of the respective technology intensity of these sectors. CIS firmly recommends that regulation of these financial services and activities be undertaken in a technology-agnostic manner, and similar regulatory regimes be deployed on those entities offering similar services irrespective of their technology intensity or choice.

3.5. The report highlights two major shortcomings of the current regulatory regime for payments. Firstly “the law does not impose any obligation on the regulator to promote competition and innovation in the payments market” (page 153). It appears to us that the regulator’s role should not be to promote market expansion and innovation but to ensure and oversee competition. We believe that the current regulator should focus on regulating the existing market, and the work of the expansion of the digital payments market in particular and the digital financial services market in general be carried out by another government agency, as it creates conflict of interest for the regulator otherwise. Secondly, the report mentions that Payment and Settlement Systems Act does not “focus the regulatory attention on the need for consumer protection in digital payments” and then it notes that a “provision was inserted to protect funds collected from customers” in 2015 (page 153). This indicates that the regulator already has the responsibility to ensure consumer protection in digital payments. The purview and modalities of how this function of course needs discussion and changes with the growth in digital payments.

3.6. The report identifies the high cost of cash as a key reason for the government’s policy push towards digital payments. Further, it mentions that a “sample survey conducted in 2014 across urban and rural neighbourhoods in Delhi and Meerut, shows that despite being keenly aware of the costs associated with transacting in cash, most consumers see three main benefits of cash, viz. freedom of negotiations, faster settlements, and ensuring exact payments” (page 30). It further notes that “[d]igital payments have significant dependencies upon power and telecommunications infrastructure. Therefore, the roll out of robust and user friendly digital payments solutions to unelectrified areas/areas without telecommunications network coverage, remains a challenge.” CIS much appreciates the discussion of the barriers to universal adoption and rollout of digital payments in the report, and appeals to the Ministry of Finance to undertake a more comprehensive study of the key investments required by the Government of India to ensure that digital payments become ubiquitously viable as well as satisfy the demands of a vast range of consumers that India has. The estimates about investment required to create a robust digital payment infrastructure, cited in the report, provide a great basis for undertaking studies such as these.

3.7. CIS is very encouraged to see the report highlighting that “[w]ith the rising number of users of digital payment services, it is absolutely necessary to develop consumer confidence on digital payments. Therefore, it is essential to have legislative safeguards to protect such consumers in-built into the primary law.” We second this recommendation and would like to add further that financial transaction data is governed under a common data protection and privacy regime, without making any differences between data collected by banking and non-banking entities.

3.8. We are, however, very discouraged to see the overtly incorrect use of the word “Open Access” in this report in the context of a payment system disallowing service when the client wants to transact money with a specific entity [4]. This is not an uncommon anti-competitive measure adopted by various platform players and services providers so as to disallow users from using competing products (such as, not allowing competing apps in the app store controlled by one software company). The term “Open Access” is not only the appropriate word to describe the negation of such anti-competitive behaviour, its usage in this context undermines its accepted meaning and creates confusion regarding the recommendation being proposed by the report. The closest analogy to the recommendation of the report would perhaps be with the principle of “network neutrality” that stands for the network provider not discriminating between data packets being processed by them, either in terms of price or speed.

3.9. A major recommendation by the report involves creation of “a fund from savings generated from cash-less transactions … by the Central Government,” which will use “the trinity of JAM (Jan Dhan, Adhaar, Mobile) [to] link financial inclusion with social protection, contributing to improved Social and Financial Security and Inclusion of vulnerable groups/ communities” (page 160-161). This amounts to making Aadhaar a mandatory ID for financial inclusion of citizens, especially the marginal and vulnerable ones, and is in direct contradiction to the government’s statements regarding the optional nature of the Aadhaar ID, as well as the orders by the Supreme Court on this topic.

3.10. The report recommends that “Aadhaar should be made the primary identification for KYC with the option of using other IDs for people who have not yet obtained Aadhaar” (page 163) and further that “Aadhaar eKYC and eSign should be a replacement for paper based, costly, and shared central KYC registries” (page 162). Not only these measures would imply making Aadhaar a mandatory ID for undertaking any legal activity in the country, they assume that the UIDAI has verified and audited the personal documents submitted by Aadhaar number holders during enrollment. A mandate for replacement of the paper-based central KYC agencies will only remove a much needed redundancy in the the identity verification infrastructure of the government.

3.11. The report suggests that “[t]ransactions which are permitted in cash without KYC should also be permitted on prepaid wallets without KYC” (page 164-165). This seems to negate the reality that physical verification of a person remains one of the most authoritative identity verification process for a natural person, apart from DNA testing perhaps. Thus, establishing full equivalency of procedure between a presence-less transaction and one involving a physically present person making the payment will only amount to removal of relatively greater security precautions for the former, and will lead to possibilities of fraud.

3.12. In continuation with the previous point, the report recommends promotion of “Aadhaar based KYC where PAN has not been obtained” and making of “quoting Aadhaar compulsory in income tax return for natural persons” (page 163). Both these measures imply a replacement of the PAN by Aadhaar in the long term, and a sharp reduction in growth of new PAN holders in the short term. We appeal for this recommendation to be reconsidered as integration of all functionally separate national critical information infrastructures (such as PAN and Aadhaar) into a single unified and centralised system (such as Aadhaar) engenders massive national and personal security threats.

3.13. The report suggest the establishment of “a ranking and reward framework” to recognise and encourage for the best performing state/district/agency in the proliferation of digital payments. It appears to us that creation of such a framework will only lead to making of an environment of competition among these entities concerned, which apart from its benefits may also have its costs. For example, the incentivisation of quick rollout of digital payment avenues by state government and various government agencies may lead to implementation without sufficient planning, coordination with stakeholders, and precautions regarding data security and privacy. The provision of central support for digital payments should be carried out in an environment of cooperation and not competition.

3.14. CIS welcomes the recommendation by the report to generate greater awareness about cost of cash, including by ensuring that “large merchants including government agencies should account and disclose the cost of cash collection and cash payments incurred by them periodically” (page 164). It, however, is not clear to whom such periodic disclosures should be made. We would like to add here that the awareness building must simultaneously focus on making public how different entities shoulder these costs. Further, for reasons of comparison and evidence-driven policy making, it is necessary that data for equivalent variables are also made open for digital payments - the total and disaggregate cost, and what proportion of these costs are shouldered by which entities.

3.15. The report acknowledges that “[t]oday, most merchants do not accept digital payments” and it goes on to recommend “that the Government should seize the initiative and require all government agencies and merchants where contracts are awarded by the government to provide at-least one suitable digital payment option to its consumers and vendors” (page 165). This requirement for offering digital payment option will only introduce an additional economic barrier for merchants bidding for government contracts. We appeal to the Ministry of Finance to reconsider this approach of raising the costs of non-digital payments to incentivise proliferation of digital payments, and instead lower the existing economic and other barriers to digital payments that keep the merchants away. The adoption of digital payments must not lead to increasing costs for merchants and end-users, but must decrease the same instead.

3.16. As the report was submitted on December 09, 2016, and was made public only on December 27, 2016, it would have been much appreciated if at least a month-long window was provided to study and comment on the report, instead of fifteen days. This is especially crucial as the recently implemented demonetisation and the subsequent banking and fiscal policy decisions taken by the government have rapidly transformed the state and dynamics of the payments system landscape in India in general, and digital payments in particular.

Endnotes

[1] See: http://cis-india.org/.

[2] See: http://finmin.nic.in/reports/Note-watal-report.pdf and http://finmin.nic.in/reports/watal_report271216.pdf.

[3] See: http://finmin.nic.in/cancellation_high_denomination_notes.pdf.

[4] Open Access refers to “free and unrestricted online availability” of scientific and non-scientific literature. See: http://www.budapestopenaccessinitiative.org/read.

For more details visit https://cis-india.org/internet-governance/blog/comments-on-the-report-of-the-committee-on-digital-payments-dec-2016

Myanmar Digital Rights Forum proposes a path away from 66(d)

praskrishna — 2017-01-10T15:09:21Z

More than 55 representatives from technology companies, government, media and civil society organizations gathered at the innovation lab Phandeeyar to participate in the Myanmar Digital Rights Forum this morning. The two-day event was organized to address critical digital rights challenges in Myanmar.

This was published by Coconuts Yangon on December 14, 2016. Sunil Abraham was quoted.

Nica Dumlao from the Philippine Internet Freedom Alliance speaks at the forum. Photo: Phandeeyar

Over the last two years, Myanmar has experienced a connectivity revolution; tens of millions of people have hopped onto the web all at once. However, recent events have highlighted how vulnerable people in Myanmar are when communicating and sharing information online.

Daw Ei Myat Noe Khin, a Phandeeyar associate and co-organizer of the event, explained: “Myanmar’s laws and regulations were changed to enable millions of people to get connected. However, not nearly enough has been done to protect the rights of these users. Urgent legislative action is needed to ensure that the rights and freedoms that the Myanmar people now enjoy offline are also protected when they are using the internet.”

Rights groups and media organizations have noted the threats to freedom of speech posed by the arrest under Article 66(d) of Myanmar’s Telecommunications Law of journalists and ordinary citizens for Facebook posts.

Nay Phone Latt, the former political prisoner and free speech activist who now serves in the Yangon Region parliament, called for changes to Myanmar’s laws, which are now being used to sue people for as actions as little as leaving a comment on social media.

“Even though I am now an MP, my opinion on free speech has not changed,” he said.

He also called on Union-level lawmakers to attend similar forums and ultimately improve the laws relating to digital rights.

However, Article 66(d) is only one of many issues that need to be addressed. According to speakers at the forum, other critical issues include information privacy, the right to information, online hate speech, cyberbullying, revenge porn and phishing scams.

Vicky Bowman, director of Myanmar Center for Responsible Business, recounted the story from a few years ago of an NGO leader who gave away $80,000 of his organization’s money when he was duped by a phishing scam online.

“Are Myanmar people aware of digital rights? I don’t think so. They’re excited about SIM cards and gadgets, but they’re probably not reading the terms and conditions.”

There is still a lot to worry about in the realm of digital rights in Myanmar, she said.

In this challenging environment, the forum’s attendees are working to develop specific policy recommendations, strategies and campaigns to ensure digital rights to the people of Myanmar.

“The benefits of connectivity won’t be realized if people are scared to use the internet. The objective of the Myanmar Digital Rights Forum is to raise awareness about the importance of these issues and to develop concrete plans to address them,” said Daw Htaike Htaike Aung, executive director of Myanmar ICT for Development Organization (MIDO).

Some speakers offered the experiences of other countries as models for what Myanmar might be able to do to protect internet users. Sunil Abraham, the executive director of the Bangalore-based Center for Internet and Society, urged against thinking of companies and governments as monoliths. There are people in government, he said, who do have the rights of citizens in mind. He also advised digital rights campaigners to pursue change on all sides of the political spectrum, just as free-software activists found support in India’s communist and nationalist parties.

Ms Cheekay Cinco, a program manager for Engage Media, said: “This is not a Myanmar problem. Hyper-connectivity in the region has led to greater criminalization of online activities. Over the years, spaces in Southeast Asia have been created to talk about these issues. We can only spark development and change when these spaces continue to flourish and have participation from different sectors.”

For more details visit https://cis-india.org/internet-governance/news/coconuts-yangon-december-14-2016-myanmar-digital-rights-forum-proposes-a-path-away-from-66d

New Media, personalisation and the role of algorithms

amber — 2017-01-16T07:20:52Z

In his much acclaimed book, The Filter Bubble, Eli Pariser explains how personalisation of services on the web works and laments that they are creating individual bubbles for each user, which run counter to the idea of the Internet as an inherently open place. While Pariser’s book looks at the practices of various large companies providing online services, he briefly touches upon the role of new media such as search engines and social media portals in new curation. Building upon Pariser’s unexplored argument, this article looks at the impact of algorithmic decision-making and Big Data in the context of news reporting and curation.

Everything which bars freedom and fullness of communication sets up barriers that divide human beings into sets and cliques, into antagonistic sects and factions, and thereby undermines the democratic way of life. —John Dewey

Eli Pariser, in his book, The Filter Bubble,[1] refers to the scholarship by Walter Lippmann and John Dewey as integral to the evolution of the understanding of the democratic and ethical duties of the Fourth Estate. Lippmann was disillusioned by the role of newspapers in propaganda for the First World War. He responded with three books in quick succession — Liberty and the News,[2] Public Opinion[3] and The Phantom Public.[4] Lippmann brought attention the fact that the process of news-reporting was conducted through privately determined and unexamined standards. The failure of the Fourth Estate to perform its democratic functions, was, in the opinion of Lippmann, one of the prime factors responsible for the public not being an informed and rational entity. John Dewey, while rejecting Lippmann’s arguments that matters of public policy can only be determined by inside experts with training and education, did acknowledge the his critique of the media.

Pariser points to the creation of a wall between editorial decisionmaking and advertiser interests, as the eventual result of the Lippmann and Dewey debate. While accepting that this division between the financial and reporting sides of media houses has not been always observed, Pariser emphasises that the fact that the standard exists is important.[5] Unlike traditional media, the new media which relies on algorithmic decision-making for personalisation is not subject to the same standards which try to mitigate the influence of commercial interests on editorial decisions while performing many of the same functions as the traditional media.[6]

How personalisation algorithms work

Kevin Slavin, at his famous talk in the TEDGLobal Conference, characterised algorithms as “maths that computers use to decide stuff” and that it was infiltrating every aspect of our lives.[7] According to Slavin’s view, algorithms can be seen as control technologies and shape our world constantly through media and information systems, dynamically modifying content and function through these programmed routines. Search engines and social media platforms perpetually rank user-generated content through algorithms.[8]

Personalisation technologies have various advantages. It translates into more relevant content, which for service providers means more clicks and revenue and for consumer, less time spent on finding the content.[9] However, it also leads to privacy compromise, lack of control and reduced individual capability.[10] Search engines like Google use the famous PageRank algorithm, which combined with geographical location and previous searches yields most relevant search results.[11] PageRank algorithm uses various real time variables dependent on both voluntary and involuntary user inputs. These variables include number of clicks, number of occurrences of the key terms and number of references by other credible pages etc. This data in turn determines the order of pages in search results and influences the way we perceive, understand and analyse information.[12] Maps showing real time traffic information retrieve data from laser and infrared sensors alongside the road and from information from devices of users. Once this real time data is combined with historical trends, these maps recommend rout to every user, hence influencing the traffic patterns.[13]

Even though this phenomenon of personalization may appears to be new, it has been prevalent in the society for ages.[14] The history of mass media culture clearly shows personalization has always been a method to increase market, market reach and customer satisfaction.[15] Newspapers have sections dedicated to special topics, radio and TV have channels dedicated to different interest groups, age groups and consumers.[16] These personalised sections in a newspaper and personalised channels on radio and television don’t just provide greater satisfaction to the readers or listeners or consumers, they also provide targeted advertisement space for the advertisers and content developers. However, digital footprints and mass collection of data have made this phenomenon much more granular and detailed. Geographical location of an individual can tell a lot about their community, their culture and other important traits local to a community.[17] This data further assists in personalisation. Current developments in technology not only help in better collection of data about personal preferences but also help in better personalisation.

Pariser mentions three ways in which the personalization technologies of this day are different from those of the past. First, for the very first time, individuals are alone in the filter bubble. While in traditional forms of personalisation, there were various individuals who shared the same frame of reference, now there is a separate sets of filters governing the dissemination of content to each individual.[18] Second, the personalisation technologies are entirely invisible now, and there is little that consumers can do to control or modify them.[19] Third, often the decision to be subject to these personalisation technologies is not an informed choice. A good example of this would be an individual’s geographical location.[20]

The neutrality of New Media?

More and more, we have noticed personalisation technologies having an impact on how we consume news on the Internet. Google News, Facebook’s News Feed which tries to put together a dynamic feed for both personal and global stories, and Twitter’s trending hashtag feature, have brought forward these services are key drivers of an emerging news ecosystem. Initially, this new media was hailed as a natural consequence of the Internet which would enable greater public participation, allow journalists to find more stories and engage with the readers directly. An illustration of the same could be seen in the way Internet based news media and social networking websites behaved in the aftermath of Israel’s attacks on a United Nations run school in Gaza strip. While much of the international Internet media covered the story, Israel’s home media did not cover the story. The only exception to this was the liberal Israeli news website Ha’aretz.[21] Network graph details of Twitter, for a few days immediately after the incident clearly show the social media manifestation of the event in the personalised cyberspace. It is clearly visible that when most of the word was re-tweeting news of this heinous act of Israel, Israeli’s hardly re-tweeted this news. In fact they were busty re-tweeting the news of rocket attacks on Israel.[22]

The use of social media in newsmaking was hailed by many scholars as symptomatic of the decentralisation characteristic of the Internet. It has been seen as movement towards greater grassroots participation by negating the ‘gatekeeping’ role traditionally played by editors. Thomas Poell and José van Dijck punch holes in theory of social media and other online technologies as mere facilitators of user participation and translators of user preferences through Big Data analytics.[23] They quote T. Gillespie’s work which talks of the narrative of these online services as platforms which are “open, neutral, egalitarian and progressive support for activity.”[24]

Pedro Domingos calls the overwhelming number of choices as the defining problem of the information age, and machine learning and data analytics as the largest part of this solution.[25] The primary function of algorithmic decision making in the context of consumption of content is to narrow down the choices. Domingos is more optimistic about the impact of these technologies, and he says “last step of the decision is usually still for humans to make, but learners intelligently reduce the choices to something a human can manage.”[26] On the other hand, Pariser is more circumspect about the coercive result of machine learning algorithms. Whichever way we lean, we have to accept that a large part of personalisation algorithms is to select and prioritize content by categorising it on the basis of relevance and popularity.

Poell and van Dijck call this a new knowledge logic which in effect replaces human judgement (as, earlier exercised by editors) to some kind of proxy decisionmaking based on data. Their main thesis is that there is little evidence to suggest that the latter is more democratic than former and creates new problems of its own. They go on to compare the practices of various services including Facebook’s new graph and Twitter’s trending topic, and conclude that they prioritise breaking news stories over other kinds of content.[27] For instance, the algorithm for the trending topics depends not on the volume but the velocity of the tweets with the hashtag or term. It could be argued that given this predilection, the algorithms will rarely prefer complex content. If we go by Lippmann and Dewey’s idea that the role of the Fourth Estate is to inform public debate and accountability of those in positions of power, this aspect of Big Data algorithms does not correspond with this role.

Quantified Audience

Another aspect of use of Big Data and algorithms in New Media that requires attention is that the networked infrastructure enables a quantified audience. C W Anderson who has studied newsroom practices in the US looked at role played by audience quantification and rationalization in shifting newswork practices. He concluded that more and more, journalists are less autonomous in their news decisions and increasingly reliant on audience metrics as a supplement to news judgment.[28] Poell and van Dijck review the the practices by some leading publications such a New York Times, L.A. Times and Huffington Post, and degree to which audience metrics dictates editorial decisions. While New York Times seems to prioritise content on their social media portals based on expectation of spike in user traffic, L.A. Times goes one step further by developing content specifically aimed towards promoting greater social participation. Neither of these practices though compare to the reliance on SEO and SMO strategies of web-born news providers like Huffington Post. They have traffic editors who trawl the Internet for trending topics and popular search terms, the feedback from them dictates the content creation.[29]

Conclusion

The above factors demonstrate that the idea of New Media leading to the Fourth Estate performing its democratic functions does not take into account the actual practices. This idea is based on the erroneous assumption that technology, in general and algorithms, in particular are neutral. While the emergence of New Media might have reduced the gatekeeping role played by the editors, its strong prioritisation of content that will be popular reduce the validity of arguments that it leads to more informed public discussion. As Pariser said, the traditional media scores over the New Media inasmuch as there is an existence of a standard of division between editorial decisionmaking and advertiser interest. While this standard is flouted by media houses all the time, it exists as a metric to aspire to and measure service providers against. The New Media performs many of the same functions and maybe it is time to evolve some principles and ethical standards that take into account the need for it to perform these democratic functions.

Endnotes

^{^[1]} Eli Pariser, The Filter Bubble: What the Internet is hiding from you (The Penguin Press, New York, 2011)

[2] Walter Lippmann, Liberty and News (Harcourt, Brace and Howe, New York 1920) available athttps://archive.org/details/libertyandnews01lippgoog

^{^[3]} Walter Lippmann, Public Opinion (Harcourt, Brace and Howe, New York 1920) available at http://xroads.virginia.edu/~Hyper2/CDFinal/Lippman/cover.html

^{^[4]} Walter Lippmann, The Phantom Public (Transaction Publishers, New York, 1925)

^{^[5]} Supra Note 1 at 35.

^{^[6]} Supra Note 1 at 36.

^{^[7]} https://www.ted.com/talks/kevin_slavin_how_algorithms_shape_our_world/transcript?language=en

^{^[8]} Fenwick McKelvey, “Algorithmic Media Need Democratic Methods: Why Publics Matter”, available at http://www.fenwickmckelvey.com/wp-content/uploads/2014/11/2746-9231-1-PB.pdf.

^{^[9]} http://mashable.com/2011/06/03/filters-eli-pariser/#9tIHrpa_9Eq1

^{^[10]} Helen Ashman, Tim Brailsford, Alexandra Cristea, Quan Z Sheng, Craig Stewart, Elaine Torns and Vincent Wade, “The ethical and social implications of personalization technologies for e-learning” available at http://www.sciencedirect.com/science/article/pii/S0378720614000524.

^{^[11]} Sergey Brin and Lawrence Page, “The Anatomy of a Large-Scale Hypertextual Web Search Engine” available at http://infolab.stanford.edu/pub/papers/google.pdf.

^{^[12]} Ian Rogers, “The Google Pagerank Algorithm and How It Works” available at http://www.cs.princeton.edu/~chazelle/courses/BIB/pagerank.htm.

^{^[13]} Trygve Olson and Terry Nelson, “The Internet’s Impact on Political Parties and Campaigns”, available at http://www.kas.de/wf/doc/kas_19706-544-2-30.pdf?100526130942.

^{^[14]} Ian Witten, “Bias, privacy and and personalisation on the web”, available at http://www.cs.waikato.ac.nz/~ihw/papers/07-IHW-Bias,privacyonweb.pdf.

^{^[15]} Supra Note 1 at 10.

^{^[16]} https://www.americanpressinstitute.org/publications/reports/survey-research/social-demographic-differences-news-habits-attitudes/

^{^[17]} Charles Heatwole, “Culture: A Geographical Perspective” available at http://www.p12.nysed.gov/ciai/socst/grade3/geograph.html.

^{^[18]} Supra Note 1 at 10.

^{^[19]} Id.

^{^[20]} Supra Note 1 at 11.

^{^[21]} Paul Mason, “Why Israel is losing the social media war over Gaza?” available at http://blogs.channel4.com/paul-mason-blog/impact-social-media-israelgaza-conflict/1182.

^{^[22]} Gilad Lotan, Israel, Gaza, War & Data: Social Networks and the Art of Personalizing Propaganda available at www.huffingtonpost.com/entry/israel-gaza-war-social-networks-data_b_5658557.html

^{^[23]} Thomas Poell and José van Dijck, “Social Media and Journalistic Independence” in Media Independence: Working with Freedom or Working for Free?, edited by James Bennett & Niki Strange. (Routledge, London, 2015)

^{^[24]} T Gillespie, “The politics of ‘platforms,” in New Media & Society (Volume 12, Issue 3).

^{^[25]} Pedro Domingos, The Master Algorithm: How the quest for the ultimate learning machine will re-make the world (Basic Books, New York, 2015) at 38.

^{^[26]} Ibid at 40.

^{^[27]} Supra Note 23.

^{^[28]} C W Anderson, Between creative and quantified audiences: Web metrics and changing patterns of newswork in local US newsrooms, available at https://www.academia.edu/10937194/Between_Creative_And_Quantified_Audiences_Web_Metrics_and_Changing_Patterns_of_Newswork_in_Local_U.S._Newsrooms

^{^[29]} Supra Note 23.

For more details visit https://cis-india.org/internet-governance/new-media-personalisation-and-the-role-of-algorithms

December 2016 Newsletter

praskrishna — 2017-01-28T12:02:23Z

Welcome to the December 2016 newsletter of the Centre for Internet and Society (CIS).

Dear readers,

Wishing you a happy and prosperous New Year. As the New Year unfolds we are glad to bring you developments from the last month of the year gone by for your reference. Thank you for reading the Centre for Internet and Society's (CIS) December 2016 newsletter.

Previous issues of the newsletters can be accessed here.

Highlights
Telugu Theatre scholar Pranay Raj Vangari created a record by completing a challenge that is famous worldwide in Wikimedia community - "100 Days-100 Articles". Rohini Lakshané attended the 25th session of the World Intellectual Property Organization Standing Committee on the Law of Patents held in Geneva from December 12 - 15, 2016 and made a statement on Future Work. She also submitted a statement on the Assessment of Inventive Step to Secretariat for the WIPO Standing Committee for the Law of Patents, Twenty Fifth Session. CIS submitted inputs to the Working Group on Enhanced Cooperation on Public Policy Issues Pertaining to the Internet (WGEC) on 15 December 2016. The WGEC sought inputs on two questions that will guide the next meeting of the Working Group which is scheduled to take place on the 26-27 January 2017. Udbhav Tiwari wrote an article on the technical, legal and jurisdictional issues around the recent Twitter and email hacks claimed by the ‘Legion Crew’, and what can targeted entities do to better protect themselves. Amber Sinha wrote a blog entry that focuses on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users. CIS is pleased to bring you the second title of the CIS Papers series. This report by P.P. Sneha comes out of an extended research project supported by the Kusuma Trust. The study undertook a detailed mapping of digital practices in arts and humanities scholarship, both emerging and established, in India. Zeenab Aneez wrote a report that examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment. CIS made a submission on the Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks published by the TRAI on November 15, 2016. Our analysis of the solution proposed in the Note, in brief, is that there is no need of a solution for non-existing interoperability problem for authentication and payment services for accessing public Wi-Fi networks.

CIS in the news:

Lack of clarity about cashless and online transactions makes digital payments more worrisome (Neha Alawadhi; Economic Times; December 1, 2016).
Changing the typographic landscape of a country: one letter at a time (Pooja Saxena; Storyweaver; December 1, 2016).
No laws in India to protect customers if they lose money during digital transactions (Alnoor Peermohamed; Business Standard; December 2, 2016).
Fake Narendra Modi apps aplenty, but it’s up to users to protect themselves (Indian Express; December 2, 2016). Also see Nandini Yadav's blog post in BGR on December 3, 2016.
Your digital wallet can be a ‘pickpocket’ (The Hindu; December 5, 2016).
Most popular smartphone apps inaccessible to disabled: Study (ET Telecom; December 7, 2016).
English gottila,job illa (Regina Gurung; Indian Express; December 7, 2016).
Bumpy road ahead for RFID Tags in vehicles (Smriti Sharma Vasudeva; Statesman; December 7, 2016).
India's Tech Policy Entrepreneurs (Rohin Dharmakumar; The Ken; December 8, 2016).
Vijay Mallya cries foul after his Twitter and email accounts are hacked (Alnoor Peermohamed; Business Standard; December 10, 2016).
విజ్ఞాన నిధి వికీపీడియా.. (Namaste Telangana; December 11, 2016).
వికీపీడియాతో విజ్ఞాన విప్లవం (Andhra Bhoomi; December 11, 2016).
Wikipedia is a Newspaper (Namaste Telangana; December 11, 2016).
Wikipedian Pavan Santhosh says Telugu Wikipedians are creating Knowledge revolution (in Telugu) (Andhra Jyoti; December 12, 2016).
Wikipedia Event in Mangalore (Vijaya Karnataka; December 18, 2016).
With power, phone and internet services affected, Chennai is still recovering from Cyclone Vardah (Vinita Govindarajan and Sruthisagar Yamunan; Scroll.in; December 20, 2016).

पीजी जूलॉजी विभाग में एक दिवसीय समागम का आयोजन (Hindustan, December 20, 2016).

How private companies are using Aadhaar to try to deliver better services (but there's a catch) (M. Rajshekhar; Scroll.in; December 22, 2016).
‘IT hub’ K’taka ranks No 12 in e-deals (Christin Philip Mathew; New Indian Express; December 27, 2016).
India’s ruling party takes online abuse to a professional level (Samanth Subramanian; December 31, 2016).

CIS members published the following articles:

Digital native: The View from My Bubble (Nishant Shah; Indian Express; December 4, 2016).
Indian Newspapers' Digital Transition (Zeenab Azeez; Reuters Institute for the Study of Journalism; December 9, 2016).
The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India (Sunil Abraham and Vidushi Marda; GIS Watch; December 9, 2016)
The Curious Case of Poor Security in the Indian Twitterverse (Udbhav Tiwari; The Wire; December 17, 2016).
Pranay Raj record in 100 days-100 articles (Pavan Santhosh; Andhra Jyoti; December 17, 2016).
Digital Native: People Like Us (Nishant Shah; Indian Express; December 18, 2016).
వంద రోజులు.. వంద వ్యాసాలు - తెలుగు వికీపీడియాలో మోత్కూరు యువకుని రికార్డు (100 Days...100 Articles: Wikipedian from Motkur created record in Telugu Wikipedia) (Pavan Santhosh; Andhra Jyoti; December 18, 2016).

Jobs

CIS is seeking applications for:

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Accessibility & Inclusion
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India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

Event Co-organized

International Accessibility Summit of Shaastra 2017 (Organized by CIS and IIT, Madaras; December 31 - January 3, 2017). Nirmita Narasimhan was a panel moderator.

Participation in Event

Best Practices in Digital Accessibility (Organized by IIM, Bangalore; December 19, 2016). Nirmita Narasimhan was a panelist.

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Access to Knowledge
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Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Statements

25th Session of the WIPO SCP: Statement on Assessment of Inventive Step (Rohini Lakshané; December 15, 2016).
25th Session of the WIPO SCP: Statement on Future work (Rohini Lakshané; December 16, 2016).

Participation in Event

7th Emerging Markets Finance Conference (Organized by Finance Research Group in association with Vanderbilt Law School; Mumbai; December 15, 2016). Anubha Sinha was a panelist.

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Blog Entries

Freedom in Feb — an awareness increasing campaign (Tito Dutta; December 8, 2016).
A Shortcut to Freedom (Tito Dutta; December 14, 2016).
Marathi Wikipedia Edit-a-thon in Kolhapur (Subodh Kulkarni; December 16, 2016).
Ongoing Proof-reading Effort by ALC Student Wikimedians in Telugu Wikisource (Pavan Santosh and Ting-Yi Chang; December 30, 2016).

►Openness

Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

Submission

Comments on the Draft National Policy on Software Products (Anubha Sinha, Rohini Lakshané, and Udbhav Tiwari; December 11, 2016).

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Internet Governance
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As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Privacy

Blog Entries

Privacy and Security Implications of Public Wi-Fi - A Case Study (Vanya Rakesh; December 9, 2016).
Habeas Data in India (Vipul Kharbanda and edited by Elonnai Hickok; December 10, 2016).
Workshop Report - UIDAI and Welfare Services: Exclusion and Countermeasures (Vanya Rakesh; December 14, 2016).
Enlarging the Small Print: A Study on Designing Effective Privacy Notices for Mobile Applications (Meera Manoj; December 14, 2016).
Protection of Privacy in Mobile Phone Apps (Hitabhilash Mohanty and Edited by Leilah Elmokadem; December 15, 2016).
ISO/IEC JTC 1 SC 27 Working Group Meetings - A Summary (Vanya Rakesh; December 16, 2016).
Deep Packet Inspection: How it Works and its Impact on Privacy (Amber Sinha; December 16, 2016).

Participation in Events

Industry Consultation Panel on Data Retention - DSCI (Organized by Data Security Council of India; New Delhi; November 23, 2016). This was mirrored on the website on December 6, 2016. Udbhav Tiwari was a panelist.
11th DSCI-NASSCOM Annual Information Security Summit 2016 (Organized by DSCI and NASSCOM; December 14, 2016). Udbhav Tiwari was a panelist.
Workshop on Center for IT and Society (Organized by IIT, Delhi; December 20, 2016). Amber Sinha attended the event.

►Free Speech & Expression

Blog Entries

ISIS and Recruitment using Social Media – Roundtable Report (Vidushi Marda, Aditya Tejus, Megha Nambiar and Japreet Grewal; December 15, 2016).
Inputs to the Working Group on Enhanced Cooperation on Public Policy Issues Pertaining to the Internet (WGEC) (Sunil Abraham and Vidushi Marda, with inputs from Pranesh Prakash; December 17, 2016).

Participation in Event

Myanmar Digital Rights Forum (Organized by Phandeeyar, You Can Do IT, Engage Media and Myanmar Centre for Responsible Business with support from the Embassy of Sweden; December 14 - 15, 2016). Sunil Abraham was a speaker.

►Big Data

Participation in Events

"Decoding the Digital" (Organized by Centre for IT and Public Policy at IIIT; Bangalore; December 12 - 14, 2016). Vanya Rakesh attended the event.
The EU and Free Flows of Data - Data Protection, Trade and Law Enforcement (Organized by the Department of European Studies; Bangalore; December 14, 2016). Ameila Andersdotter gave a talk.

Blog Entry

The Technology behind Big Data (Geethanjali Jujjavarapu and Udbhav Tiwari; December 1, 2016).

►Cyber Security

Blog Entries

Developer team fixed vulnerabilities in Honorable PM's app and API (Bhavyanshu Parasher; December 4, 2016).
Incident Response Requirements in Indian Law (Vipul Kharbanda; December 28, 2016).
Mapping of India’s Cyber Security-Related Bilateral Agreements (Leilah Elmokadem and Saumyaa Naidu; December 29, 2016).
Mapping of Sections in India’s MLAT Agreements (Leilah Elmokadem and Saumyaa Naidu; December 31, 2016).

Event Organized

Multistakeholder Consultation on Encryption (Organized by CIS with ORF and Takshashila Institution; TERI, Bangalore; December 17, 2016).

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Telecom
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CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Submission

CIS Submission to TRAI Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks (Japreet Grewal, Pranesh Prakash, Sharath Chandra, Sumandro Chattapadhyay, Sunil Abraham, and Udbhav Tiwari, with expert comments from Amelia Andersdotter; December 12, 2016).

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Researchers at Work
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The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Research Paper

Mapping Digital Humanities in India (P.P. Sneha; December 30, 2016).

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About CIS
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The Centre for Internet and Society (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 disabilities, 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. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/december-2016-newsletter

Mapping of Sections in India’s MLAT Agreements

Leilah Elmokadem and Saumyaa Naidu — 2016-12-31T06:52:46Z

This set of infographics by Leilah Elmokadem and Saumyaa Naidu maps out and compares the various sections that exist in the 39 MLATs (mutual legal assistance treaty) between India and other countries. An MLAT is an agreement between two or more countries, drafted for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws.

Download: Infographic (PDF) and data (XLSX)

We have found that India’s 39 MLAT documents are worded, formatted and sectioned differently. At the same time, many of the same sections exist across several MLATs. This diagram lists the sections found in the MLAT documents and indicates the treaties in which they were included or not included. To keep the list of sections concise and to more easily pinpoint the key differences between the agreements, we have merged sections that are synonymous in meaning but were worded slightly differently. For example: we would combine “Entry into force and termination” with “Ratification and termination” or “Expenses” with “Costs”.

At the same time, some sections that seemed quite similar and possible to merge were kept separate due to potential key differences that could be overlooked as a result. For example: “Limitation on use” vs. “Limitation on compliance” or “Serving of documents” vs. “Provision of (publicly available) documents/records/objects” remained separate for further analysis and comparison.

These differences in sectioning can be analysed to facilitate a thorough comparison between the effectiveness, efficiency, applicability and enforceability of the various provisions across the MLATs. The purpose of this initial mapping is to provide an overall picture of which sections exist in which MLAT documents. There will be further analysis of these sections to produce a more holistic content-based comparison of the MLATs.

Aggregated Analysis of Sections of MLAT Agreements

For more details visit https://cis-india.org/internet-governance/blog/india-mlat-agreements-sections-map-dec-2016

India’s ruling party takes online abuse to a professional level

praskrishna — 2016-12-31T02:19:14Z

Indian prime minister Narendra Modi’s Bharatiya Janata Party (BJP) employs an army of trolls to harass and intimidate critics through social media, a new book claims.

The article by Samanth Subramanian was published in the National on December 31, 2016. Pranesh Prakash was quoted.

I Am a Troll: Inside the Secret World of the BJP’s Digital Army, by the journalist Swati Chaturvedi, alleges that the party’s social media warriors carry out organised harassment, threatening critics of the BJP with assault, sexual violence and even murder.

Although other parties also have social media units, the BJP’s is particularly well organised and vociferous, Chaturvedi wrote.

The BJP social media cell is active on Twitter and Facebook, as well as in the comments sections of articles on news websites, Chaturvedi found. Some of the abusive PRO-BJP Twitter handles are still followed by Mr Modi’s official Twitter account.

I Am a Troll is based largely upon the account of Sadhavi Khosla, now an activist but formerly a volunteer for two years in the BJP’s social media cell, which went into top gear during the parliamentary elections in 2014 when Mr Modi beat the incumbent Congress party led by Sonia Gandhi and her son Rahul.

Mr Modi campaigned on a platform of fervent nationalism, drawing upon the BJP’s Hindu chauvinist credentials to attract votes. His party’s social media cell responded accordingly.

"It was a never-ending drip feed of hate and bigotry against the minorities, the Gandhi family, journalists on the hit list, liberals, anyone perceived as anti-Modi," Ms Khosla told Chaturvedi.

The BJP has responded to the claims made in the book by accusing Ms Khosla of political bias, saying she "supports the Congress [and] has all reasons to publish unsubstantiated claims". -In fact, she has never revealed her own political leanings, or even whether she has any.

Arvind Gupta, the head of the BJP’s information technology cell, denies the party encouraged trolling or that Ms Khosla had been a member of any BJP unit.

By way of evidence, Ms Khosla shared with Chaturvedi screenshots of instructions that were purportedly sent by Mr Gupta to the operators of the social media cell. "If there was even an unfavourable mention of [Modi] anywhere, Gupta’s digital tracking tools would pick it up and the pack of hyena-like trolls would descend," Ms Khosla said.

One specific campaign cited in I Am a Troll took place in November last year, after the actor Aamir Khan, speaking as the chief guest at a journalism awards ceremony, remarked upon the growing intolerance in India. "There is a growing sense of disquiet and despondency," he said.

Ms Khosla said the BJP’s social media cell was instructed to launch an all-out attack on Khan. She and her colleagues were also asked to spread a petition calling upon SnapDeal, a shopping website, to drop Khan as its brand ambassador.

"I realised that my hero had become a ‘Muslim’," Ms Khosla said in the book. "For me he had just been an Indian actor. I felt like my country was changing."

SnapDeal cut its ties with Khan in February. Ms Khosla, who said she had been growing increasingly uncomfortable with the social media cell’s tactics, quit not long after.

"I simply could not follow directions anymore when I saw rape threats made against female journalists," she said. "Every day some new person was a target and they would attack like a swarm of bees with vile sexual innuendoes, slander, rape and death threats."

Chaturvedi’s book calls for social media companies and police agencies to take such threats more seriously.

"In the United States, which is a beacon for free speech laws, thousands are arrested each year — and the courts uphold these allegations as ‘actionable’ — based on complaints from people who have received violent threats on social media," she wrote.

"Hate speech, targeted harassment, threats of rape with graphic details of assault, incitement to violence — all this is ‘actionable’ too but our police does not act."

Pranesh Prakash, the policy director at the Centre for internet and Society, a Bengaluru-based non-profit organisation, noted that although there are no Indian laws specifically against abusive online behaviour, the general laws that deal with verbal assault cover online cases as well.

"But I’m not sure how much these cases can be taken forward, given jurisdictional problems," Mr Prakash told The National.

When a person complains to police about online abuse, "the first step would be to establish against whom the case is being made, and doing that is difficult", he said.

Since most social media companies are based in the US, police agencies would have to approach India’s foreign ministry which could then invoke a bilateral treaty to gain this information.

"This can take several months if not longer," Mr Prakash said. "And most police stations are not equipped to handle such treaty-based cases."

"Even if the police takes such complaints seriously — and it’s not always clear that they do — there’s no easy way to proceed."

For more details visit https://cis-india.org/internet-governance/news/the-national-december-31-2016-samanth-subramanian-indias-ruling-party-takes-online-abuse-to-a-professional-level