We are anonymous, we are legion

Open Governance and Privacy in a Post-Snowden World : Webinar

vanya — 2015-10-04T11:09:12Z

On 10th September 2015, the OGP Support Unit, the Open Government Guide, and the World Bank held a webinar on “Open Governance and Privacy in a Post-Snowden World” presented by Carly Nyst, Independent consultant and former Legal Director of Privacy International and Javier Ruiz, Policy Director of Open Rights Group. This is a summary of the key issues that were discussed by the speakers and the participants.

See Open Governance and Privacy in a Post-Snowden World

Summary

The webinar discussed how Government surveillance has become an important and key issue in the 21^st century, thanks to Edward Snowden. The main concern raised was with respect to what a democracy should look like in the present day. Should the states’ use of technology enable state surveillance or an open government? Typically, there is a balance that must be achieved between the privacy of an individual and the security of the state – particularly as the former is primarily about social rights and collective interest of citizens.

At the international level, the right to privacy has been recognized as a basic human right and an enabler of other individual freedoms. This right encapsulates protection of personal data where citizens have the authority to choose whether to share or reveal their personal data or not. Due to technological advancement that has enabled collection, storage and sharing of personal data, the right to privacy and data protection frameworks have become of utmost importance and relevance with regard to open government efforts. Therefore, it is important for Governments to be transparent in handling sensitive data that they collect and use.

Many countries have also introduced laws to balance the right to privacy and right to information. The role of the private sector and NGOs involved in enabling an open and transparent government must also be duly addressed at a national level.

Key Questions:

Why should the government release information?

There are multiple reasons for doing so including:

For the purposes of research and public policy (which relates to healthcare, social issues, economics, national statistics, census, etc.)

Transparency and accountability (politicians, registers, public expenses, subsidies, fraud, court records, education)

Public participation and public services (budgets, anti-corruption, engagement, and e-governance).

However, all these have certain risks and privacy implications:

Risk of identification of individual: Any individual whose information is released has the risk of identification, followed by issues like identity theft, discrimination, stigmatization or repression. Normally, the solution for this would be anonymization of the data; however, this is not an absolute solution. Privacy laws can generally cope with such risks, but with pseudonymous data it becomes difficult in preventing identification.
Profiling of social categories which can lead to discrimination: In such a situation, policies and other legislations regulating the use of data and providing remedy for violations can help.
Exploitation and unfair/unethical use of information: When understanding the potential exploitation of information it is useful to consider who is going to benefit from the release of information. For example, in UK, with respect to release of Health Data, the main concern is that people and companies will benefit commercially from the information released, despite of the result potentially being improved drugs and treatment.

What are the Solutions?

The webinar also discussed potential solutions to the questions and challenges posed. For example, when commitments of Open Government Data Partnership are considered, privacy legislations must also be proposed. Further, key stakeholders must make commitments to take pro-active measures to reduce informational asymmetries between the state and citizens. To reduce the risks, measures must be taken to publish what information the State has or what the Government knows about the citizens. For example, in UK, within the civil society network, it is being duly considered in the national plan that the government will publicize how it will share data and have a centralized view on the process of information handling and usage of the data.

The Open Government Guide provides for Illustrative Commitments like enactment of data protection legislation, establishing programmes for awareness and assessment of their impact, giving citizens control of their personal information and the right to redress when that information is misused, etc.

Surveillance

The issue of surveillance and the role of privacy in an open government context was also discussed. The need for creating a balance between the legitimate interest of national security and the privacy of individuals was emphasized. With the rise of digital technologies, many governmental measures pertaining to surveillance intervene in individual privacy. There are many forms of surveillance and this has serious privacy implications, especially in developing countries. For example:

Communications surveillance
Visual surveillance
Travel surveillance

This raises the question: When is surveillance legitimate and when must it be allowed?

The International Principles on the Application of Human Rights to Communications Surveillance acts as a soft law and tries to set out what a good surveillance system looks like by ensuring that governments are in compliance with international human rights law.

In essence surveillance does not violate privacy, however, there must be a clear and foreseeable legal framework laying circumstances when the government has the power to collect data and when individuals might be able to foresee when they might be under surveillance.

Also, a competent judicial authority must be established to oversee surveillance and keep a check on executive power by placing restrictions on privacy invasions. The actions of the government must be proportionate and the benefits must not outweigh harm caused by surveillance.

Role of openness in a “mass surveillance” state

Surveillance measures that are being undertaken by governments are increasingly secretive. The European court of Human Rights has held that Secret surveillance may undermine democracy under the cloak of protecting it. Hence, open government and openness will work towards protecting privacy and not undermining it.

To balance the measure of government surveillance with privacy, there is a need to publish laws regulating such powers; publish transparency reports about surveillance, interception and access to communications data; reform legislations relating to surveillance by state agencies to ensure it complies with human rights and establish safeguards to ensure that new technologies used for surveillance and interception respect the right to privacy.

Conclusion

The conclusion one can draw is that Privacy concerns have gained importance in today’s data driven world. The main question that needs to be answered is whether Government’s should adopt surveillance measures or adopt an Open Government?

Considering equal importance of national security and privacy of individuals, it is required that a balance must be crafted between the two. This could be possibly done by enacting foreseeable and clear laws outlining scope of surveillance by the Government on one hand, and informing citizens about such measures on the other. Establishment of a competent judicial authority to keep a check on Government actions is also suggested to work out the delicate balance between surveillance and privacy.

For more details visit https://cis-india.org/internet-governance/blog/open-governance-and-privacy-in-a-post-snowden-world-webinar

Open Forum - DINL, Digital Infrastructure Association

praskrishna — 2015-11-07T14:45:58Z

Internet Governance Forum (IGF) 2015 will be held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme of IGF 2015 is Evolution of Internet Governance: Empowering Sustainable Development. Digital Infrastructure Netherlands Foundation is organizing this workshop at IGF on Tuesday, November 10, 2015. Jyoti Panday will be speaking at this workshop.

In this open forum we wish to discuss the increase in government engagement with “the internet” to protect their citizens against crime and abuse and to protect economic interests and critical infrastructures. The fact that the traditional benign neglect of states towards the internet is increasingly replaced with political interest has positive and negative effects. We are particularly concerned with those state interventions – often for reasons of national security or economic interest - that impact on the technical and logical ‘core’ of the internet ecosystem – such as interventions in the DNS - and in the impact on organizations and businesses that are traditionally thought of as ‘technical’ and whose roles are in danger of being politicized, such as ISPs, CERTs and hard- and software developers. There is a growing need to separate out the legitimate interests of states from political overreach into the technical and logical core of the internet. A cooperative or constructive approach towards interaction, founded in firm principles, may strengthen the balance and lead to a sustainable protection of Internet values. In this open forum we will present ideas about an agenda for the international protection of ‘the public core of the internet’ and seek to collect and discuss ideas for the formulation of norms and principles and for the identification of practical steps towards that goal. More specifically we aim to discuss: A definition of a public core of the internet: this would comprise the core protocols and infrastructure of the internet which all governments should consider as a global public good, governed by the Internet community and protected from direct activities and involvement by any government Definitions of proper interfaces: outlining norms and mutual expectations that should govern the relations between governments and various central actors in the technical and economic internet ecosystem, such as ISPs, CERTs and hard- and software developers when it comes to fighting cybercrime, retrieve information, mandate takedowns, request information and more.

Speakers
In this IGF open forum DINL wants to explore these ideas and discuss them with thought leaders from other countries. Speakers include:

Bastiaan Goslings (AMS-IX, NL)
Jyoti Panday (CIS, India)
Marilia Maciel (FGV, Brasil)
Dennis Broeders (NL Scientific Council for Government Policy) and will be chaired by Michiel Steltman (DINL), but aims to broaden the debate on this issue with those present.

More information on IGF website here.

For more details visit https://cis-india.org/internet-governance/news/open-forum-dinl-digital-infrastructure-association

Open Call for Comments: The Privacy Protection Bill 2013 drafted by the Centre for Internet and Society

bhairav — 2014-02-25T05:38:27Z

The Centre for Internet and Society is announcing an Open Call for Comments to the CIS Privacy Protection Bill 2013.

In early 2013 the Centre for Internet and Society drafted the Privacy (Protection) Bill 2013 as a citizen’s version of privacy legislation for India. The Privacy (Protection) Bill, 2013 seeks to protect privacy by regulating (i) the manner in which personal data is collected, processed, stored, transferred and destroyed — both by private persons for commercial gain and by the state for the purpose of governance; (ii) the conditions upon which, and procedure for, interceptions of communications — both voice and data communications, including both data-in-motion and data-at-rest — may be conducted and the authorities permitted to exercise those powers; and, (iii) the manner in which forms of surveillance not amounting to interceptions of communications — including the collection of intelligence from humans, signals, geospatial sources, measurements and signatures, and financial sources — may be conducted.

The Centre for Internet and Society has been collecting comments to the Privacy Protection Bill since April 2013 with the intention of submitting the Bill to the Department of Personnel and Training as a citizen’s version of a privacy legislation for India. If you would like to submit comments on the Privacy Protection Bill to be included as part of the Centre for Internet and Society’s submission to the Department of Personnel and Training, please email comments to bhairav@cis-india.org.

Download the latest version of the Privacy Protection Bill (February 2014)

For more details visit https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-open-call-for-comments

Only digital sex, please

praskrishna — 2015-06-15T01:38:12Z

Many Indian men are getting so dependent on digital sex and online pornography that they can’t handle real relationships. And a new book says this is happening the world over. Prasun Chandhuri and Avijit Chatterjee turn the spotlight on the trend

The article was published in the Telegraph on May 31. Rohini is quoted.

P. Sharath doesn't know how to handle women. The 31-year-old software engineer, who works for a multinational company in Bangalore, thinks he doesn't need them either. The man who grew up in Hubli in Karnataka and now earns an eight-figure annual salary has his virtual world. That gives him his sexual satisfaction.

Socially awkward, Sharath did try to date a woman, but the relationship broke within a few months because he found that she was getting to be "clingy" and "boring". An attempt by his family to fix a marriage with a woman failed when he groped her in a cinema hall. His online women, on the other hand, need no pampering, and do not complain.

Sharath, however, is not happy. "He no longer gets any gratification from online sex and has been suffering from anxiety and depression," says Dr Ali Khwaja, a Bangalore-based psychologist and founder of the Banjara Academy, a counselling centre.

Increasingly, counsellors in urban India are coming across such cases of people who are so used to digital sex that they can't cope with real relationships any more. Khwaja refers to them as "hollow men" - people who go through despair after relations fail because of their dependence on digital pornography.

"Almost every week I meet a young man addicted to porn," says Mumbai-based counsellor Shefali Batra, author of the recently published book Teen Matters.

It's a pattern that many counsellors have noticed. As teenagers, young boys get hooked on to digital sex. "But it becomes a vicious addiction over time, playing havoc with their social and sexual development," Batra says. The women they meet do not match up to the large breasted and oversexed digital women - and the boys become men who cannot sustain marriages and relationships.

Pornography has always existed, and some counsellors do not believe that it is always harmful. But the spread of the Internet, the easy availability of smartphones and the profusion of sophisticated sex games and other platforms have led to a situation where men merely log on for sexual satisfaction.

The Internet is bursting at the seams with sex sites. There are various types of sex games, including cartoon sex games, 3D sex games, virtual reality sex games and so on where the viewer can indulge in sex with three or four imaginary characters. Some online games offer virtual simulation sex. In a new genre of digital porn, users can enjoy 3D porn with a special virtual reality headset that allows them to step inside their favourite games and completely immerse themselves in a sexual fantasy.

And this is happening across the world. In a recently released book, Men (Dis)Connected: How technology has sabotaged what it means to be male, psychologist Philip Zimbardo holds that "masculinity" is being destroyed by online pornography and gaming technology.

"We have surveyed over 20,000 young people in many countries. Even though we don't have data on Indian men, we assume that the impact of freely available porn is creating a new breed of addicts in every country," he says in an email interview. "These men prefer to masturbate to visual images than have live sexual relations with real women."

Nikita Coulombe, co-author of Men (Dis)Connected, adds that it is an "endless novelty" and a "virtual harem" for the men. "In 10 minutes you can see more 'mates' than your ancestors would have seen in their lifetime."

There was a time when people shrugged and said, it's just a phase. But Zimbardo believes that this addiction has gone beyond that and will have a "permanent negative impact" on young men everywhere because the porn industry is big business.

The professor emeritus at Stanford discovered this phenomenon when he found that many of his male students were shy and spent too much time poring over screens. Closer home, academic and writer Shiv Visvanathan had a similar experience while teaching at the O.P. Jindal University in Haryana.

"Many of these guys do not know how to talk to a girl - they'd rather convey their feelings through text messages or through social networks or mobile phones. Sometimes you'll even see two people sitting close together but talking over the phone, just to avoid a face-to-face conversation," Visvanathan says.

What this means is that young men are not just wary of getting into relationships - they are not missing them either. "Porn gives them instant gratification which can be repeated, say, 200 times. Moreover, the virtual body seems more transformable than the actual body and it's fast," Visvanathan points out.

It is an addiction that draws men more than women, primarily because the majority of Internet porn is male-centric and, more than teenage women, boys are addicted to computer games and associated thrills. "Research has affirmed that this is truer for the male brain in comparison to the female brain," explains Batra. "The male brain is more thrill and pleasure seeking and these exciting virtual realities provide an immense rush of pleasure in the brain."

Zimbardo's survey underlines this. It found that three out of five men expressed a "lack of interest in pursuing and maintaining a romantic relationship" while three out of four women between the ages of 18 and 30 said they were concerned about the "emotional immaturity or the unavailability" of men.

While the celebrated psychologist plans to conduct a similar survey in India, concerns are already rising because the lack of sex education in schools and colleges - coupled with repressed backgrounds and exaggerated pornographic images - gives the young a warped idea of sex and relationships.

"In a society where talking about sex is taboo, their only avenue to satisfy sexual curiosities becomes porn," says Rohini Lakshane, researcher, Centre for Internet and Society, Bangalore.

This is why sexologist Prakash Kothari often encounters young men who yearn for a "14-inch organ" and suffer from performance anxiety and depression. "Proper sex education can teach them just two inches and oodles of erotic love are enough to satisfy your female partner," says Kothari.

The experts stress that they are not against pornography. "One should not shoot the messenger," contends Audrey D'Mello, programme director, Majlis, a legal counselling centre in Mumbai. "If used properly it can be an aphrodisiac," Kothari adds.

But many of the images that the young today see are violent and bestial. "These twisted forms of sex are being consumed by young men and boys through smartphones across the country," laments Ira Trivedi, author of India in Love. Lakshane believes that easy access to violent pornography "degrades and objectifies women", giving men and boys a "skewed view of sex and intimacy".

Calcutta-based Subhrangshu Aditya counselled a woman who wanted a divorce because her husband forced her to replicate all that he watched on porn. "It was torture for her, devoid of romantic love or eroticism," Aditya says.

Indeed, the effect on men has an impact on women as well. Trivedi points out that as men devote themselves to porn, women go for measures such as vaginal beautification to attract men.

Or women go off sex altogether.

"These women have an extreme phobia about sex," says Aindri Sanyal, an infertility specialist at a Calcutta-based fertility centre. "Some haven't even got their marriage consummated. So they want to conceive through artificial insemination."

Is there a way out? Experts such as Khwaja are doing what they can. "I am trying to help Sharath socialise in mixed groups, then spend a few minutes at a time doing a favour for a woman, or showing a gesture. I want him to focus on understanding the emotions that girls go through and eventually make him understand how to interact with another flesh-and-blood person who has her own romantic and sexual needs," he says. "The process will take quite a long time."

Zimbardo, 82, wants the "socially crippled generation" to hit the Escape button on their digital devices. He wants to remind them that real sex involves communicating with a real person, feeling their pain, earning their trust and making a real connection to their heart. Like people did, once upon a time.

If it’s May, it’s got to be India

Some porn stats

In 2014, India ranked among the highest consumers of pornographic content in the world, according to Pornhub, an online video hub
Around 25 per cent of Indian visitors on Pornhub.com were women, 2 per cent higher than the worldwide average of 23 per cent
Indians seek out pornography most in May and least in October
More Indians surf porn on their smartphones than on desktops
On an average, Indians spend 8 minutes and 22 seconds per visit to Pornhub, 30 seconds less than the rest of the world
Of all states, people from Andhra Pradesh spend the least time on Pornhub — 6 min and 40 sec; people from West Bengal spend 9 min and 5 sec; people from Assam spend 9 min and 55 sec
Sunny Leone is India’s favourite porn star
In most places in the world, porn is viewed most on Monday, but in India, it’s on Saturday
Porn viewing in India dips by over 25 per cent on Diwali, Dussehra, New Year’s Eve and Gandhi Jayanti.

For more details visit https://cis-india.org/internet-governance/news/the-telegraph-may-31-2015-only-digital-sex-please

Online Trolls Attack Critics of India's Aadhaar State ID System

praskrishna — 2017-06-07T13:34:00Z

India's biometric state ID system has been leaking citizens’ data for months. When this information surfaced in April 2017, it stoked fears that the system could be used as an instrument of surveillance against Indian residents.

The blog post by Rohith Jyothish was published by Global Voices on May 31, 2017.

The Unique Identity Authority of India (UIDAI), which administrates the system known as Aadhaar (meaning foundation in Hindi) maintains that it only collects minimal personal data and stores it securely. But critics have firmly expressed doubts about these claims.

The implications of these leaks, and of any system flaw in Aadhaar technology, are substantial, especially for Indians who depend on the Aadhaar system in order to authenticate their identities when they use any number of government services. The Aadhaar system has become the gatekeeper of state systems and services ranging from voting to financial savings to food subsidies.

The digital sphere is now starting to see a pushback against Aadhaar critics through articles and blogposts that describe concerned citizens and privacy experts as the ‘anti-Aadhaar brigade‘ and accuse them of publishing “half-truths” and “spread[ing] confusion to advance their own interests.” One such article was even featured on the UIDAI website.

Some of the most well-researched critiques of the system have come from the Centre for Internet and Society (CIS), an inter-disciplinary research organisation in Bangalore that has now become a target of the pro-Aadhaar lobby. Shortly after CIS released a report that pointed out security flaws in the Aadhaar ecosystem, the UIDAI accused the organization of hacking into the Aadhaar system themselves.

In fact, CIS had investigated databases of four specific government websites. Three were available publicly, the fourth one was accessible by simply changing one of the URL parameters. Following the accusation from UIDAI, CIS clarified that the Aadhaar numbers along with other sensitive personal financial information like bank account details were made available by government websites themselves, putting a sizeable portion of Indian citizens at risk of financial fraud.

The Press Trust of India (India's largest news agency) referred to it as a “flip-flop”, which was contested by researchers at CIS.

Independent technology news platform Medianama reported that the accusation by the UIDAI is regrettably consistent with previous actions in which they filed a case against a journalist for exposing flaws in Aadhaar's enrollment mechanism.

A website called ‘Support Aadhaar‘ and its Twitter handle sought to collate opinions supporting Aadhaar and quell those speaking against it. However, most of their messages appear to evade or deflect the concerns that critics have raised by touting the benefits of the system and portraying critics as having a poor understanding of the benefits of technology.

Many Twitter users have also begun noticing patterns in the pro-Aadhaar posts:

Meanwhile, several critics of Aadhaar have repeatedly been trolled by anonymous handles on Twitter. These ‘sock puppet’ accounts seemed to be targeting those who criticise Aadhaar on social media.

One of the most active trolls issued an open challenge to reveal their identity with just their Aadhaar number. Technology entrepreneur Kiran Jonnalagadda accepted the challenge and found that ‘@Confident_India’, one of the many anonymous troll Twitter handles, is Sharad Sharma, the co-founder and director of iSPIRT Foundation (Indian Software Product Industry Roundtable), the software lobby that built the backbone of the Aadhaar ecosystem.

Sharma accidentally tweeted a denial from the troll account which has since been deleted. He then tweeted again from his personal handle which was captured.

iSPIRT officially denied allegations by Jonnalgadda that the “evidence presented is a deliberate misreading of our intent to engage with those speaking against India Stack.” India Stack is the digital infrastructure that has been built over Aadhaar.

But several other Twitter users have confirmed that Sharma's phone number is linked to ‘@Confident_India’. By their own admission, iSPIRT seemed to have an officially sanctioned project intended to systematically challenge anti-Aadhaar campaigners in online platforms. But they refuse to term these actions as “trolling”.

However, Sharma later made an apology for trolling and called it a “lapse of judgement”. CIS Executive Director Sunil Abraham seemed to appreciate the message. He tweeted: Bravo to @sharads for this! All of us at @cis_india look fwd to collaborating with @Product_Nation & @sharads to serve Indian s/w sector. https://twitter.com/sharads/status/866943195678035968 …

iSPIRT is an initiative which finds far-reaching support from several IT industry leaders in India. What is worrying is that there is still no clarification from iSPIRT on the identities of the other anonymous trolls and their position on trolling against genuine concerns raised by citizens.

More than a week after the trolling revelations, iSPIRT announced on its website, the results of an investigation carried out by an Internal Guidelines and Compliance Committee over the allegations against Sharma of operating the anonymous handles, ‘@Confident_India’ and ‘@Indiaforward2′. Jonnalgadda was one of the trolling victims who testified in the internal meeting. A summary of the investigation was posted bafflingly by the accused himself in which he says that project Sudham has been dissolved and that he has been told to not make public appearances on behalf of iSPIRT for four months while he remains Director and the face of the organisation. FactorDaily reported that iSPIRT members on the condition of anonymity said that Pallav Nadhani (Founder, Chief Executive, FusionCharts) and Naveen Tewari (Co-founder, InMobi) who quit iSPIRT were upset with their excessive focus on India Stack.

One wonders whether this kind of behavior would be treated differently if it took place offline. Is intimidating those who appear to be ‘detractors’ the most effective way of dealing with criticism? Why is a software lobby taking it upon themselves to defend the idea of Aadhaar and India Stack through such means?

Many are hoping that experts on both sides of the issue can find a way to debate questions around the privacy and security of Aadhaar's technology — that affect some 1.3 billion people — in a more democratic way.

For more details visit https://cis-india.org/internet-governance/news/global-voices-rohith-jyothish-may-31-2017-online-troll-attack-critics-of-indias-aadhaar-state-id-system

Online privacy should not come at the cost of security: Sunil Abraham

praskrishna — 2014-11-02T02:27:12Z

Sunil Abraham, Centre for Internet and Society’s executive director, on privacy laws and Internet penetration.

Anirban Sen's article was published in LiveMint on May 19, 2013. Sunil Abraham is quoted.

The Centre for Internet and Society (CIS), a research thinktank that primarily focuses on issues of Internet governance, is pushing to revise the provisions of the Information Technology (IT) Act and make a stronger case for privacy laws and free speech in India, an issue that has caused widespread concern after the government tried to restrict access to more than a 100 websites last year with little justification.

“We want to revise the IT Act...that’s the toughest one and that’s not going to happen very soon because the government is treating it like an ego battle now. They no longer listen to the others,” said Sunil Abraham, executive director of CIS.

The IT Act has been at the centre of debate, with some of its provisions such as Section 66A, which criminalizes “causing annoyance or inconvenience” online or electronically, coming under criticism from rights advocates for being too vague and subject to interpretation.

CIS, which will complete five years on Monday and is organizing a four-day event focusing on issues such as cyber security, surveillance in India and privacy, said it also was working towards creating a privacy law for India within the next 3-4 years. India, which is estimated to have Internet penetration of just 10%, is the third-largest Internet market in the world.

“We’re getting closer and closer to that (privacy law),” said Abraham, adding that privacy should not come at the cost of security.

Over the past five years, Bangalore-based CIS has also been part of some government committees such as the Justice AP Shah Committee, which focused on privacy laws in India, and is also currently working on the country’s telecom policy. The non-government organization, which receives grants from international bodies such as the Wikimedia Foundation, has also worked on policies for the government of Iraq and is currently also doing policy work for the government of Burma.

“Five years ago we were making noise from outside the room, we were not inside any policy making space. That has also changed. From an organization that was mostly outside the room, we’re increasingly being trusted by our own government,” said Abraham, who was one of the most vocal critics of the government’s unique identification (UID) project when it was first launched. Abraham had raised concerns over its overtly broad scope and issues over privacy in the project.

For CIS, one of the biggest achievements over the past five years was being part of the policy framework for the government of India’s draft national policy on open standards for e-governance, said Abraham, adding that the organization was working towards increasing Internet penetration in the country, especially in rural areas.

“We’re hoping that every single mobile phone user in the country will become an Internet user. We’re planning for that future,” he said.

The CIS event starting on Monday will include speakers such as legal researcher and advocate Lawrence Liang and Vibodh Parthasarathi, an associate professor at the Centre for Culture, Media and Governance at the Jamia Millia Islamia university. Both Liang and Parthasarathi are members of the board at CIS.

For more details visit https://cis-india.org/news/livemint-anirban-sen-may-19-2013-online-privacy-should-not-come-at-the-cost-of-security

Online Pre-Censorship is Harmful and Impractical

pranesh — 2011-12-12T17:00:50Z

The Union Minister for Communications and Information Technology, Mr. Kapil Sibal wants Internet intermediaries to pre-censor content uploaded by their users. Pranesh Prakash takes issue with this and explains why this is a problem, even if the government's heart is in the right place. Further, he points out that now is the time to take action on the draconian IT Rules which are before the Parliament.

Mr. Sibal is a knowledgeable lawyer, and according to a senior lawyer friend of his with whom I spoke yesterday, greatly committed to ideals of freedom of speech. He would not lightly propose regulations that contravene Article 19(1)(a) [freedom of speech and expression] of our Constitution. Yet his recent proposals regarding controlling online speech seem unreasonable. My conclusion is that the minister has not properly grasped the way the Web works, is frustrated because of the arrogance of companies like Facebook, Google, Yahoo and Microsoft. And while he has his heart in the right place, his lack of knowledge of the Internet is leading him astray. The more important concern is the IT Rules that have been in force since April 2011.

Background

The New York Times scooped a story on Monday revealing that Mr. Sibal and the MCIT had been in touch with Facebook, Google, Yahoo, and Microsoft, asking them to set up a system whereby they would manually filter user-generated content before it is published, to ensure that objectionable speech does not get published. Specifically, he mentioned content that hurt people's religious sentiments and content that Member of Parliament Shashi Tharoor described as 'vile' and capable of inciting riots as being problems. Lastly, Mr. Sibal defended this as not being "censorship" by the government, but "supervision" of user-generated content by the companies themselves.

Concerns

One need not give lectures on the benefits of free speech, and Mr. Sibal is clear that he does not wish to impinge upon it. So one need not point out that freedom of speech means nothing if not the freedom to offend (as long as no harm is caused). There can, of course, be reasonable limitations on freedom of speech as provided in Article 19 of the ICCPR and in Article 19(2) of our Constitution. My problem lies elsewhere.

Secrecy

It is unfortunate that the New York Times has to be given credit for Mr. Sibal addressing a press conference on this issue (and he admitted as much). What he is proposing is not enforcement of existing rules and regulations, but of a new restriction on online speech. This should have, in a democracy, been put out for wide-ranging public consultations first.

Making intermediaries responsible

The more fundamental disagreement is that over how the question of what should not be published should be decided, and how that decision should be and how that should be carried out, and who can be held liable for unlawful speech. I believe that "to make the intermediary liable for the user violating that code would, I think, not serve the larger interests of the market." Mr. Sibal said that in May this year in an interview with the Wall Street Journal. The intermediaries (that is, all persons and companies who transmit or host content on behalf of a third party), are but messengers just like a post office and do not exercise editorial control, unlike a newspaper. (By all means prosecute Facebook, Google, Yahoo, and Microsoft whenever they have created unlawful content, have exercised editorial control over unlawful content, have incited and encouraged unlawful activities, or know after a court order or the like that they are hosting illegal content and still do not remove it.) Newspapers have editors who can take responsibility for content published in the newspaper. They can afford to, because the number of articles in a newspaper is limited. YouTube, which has 48 hours of videos uploaded every minutes, cannot. One wag suggested that Mr. Sibal was not suggesting a means of censorship, but of employment generation and social welfare for censors and editors. To try and extend editorial duties to these 'intermediaries' by executive order or through 'forceful suggestions' to these companies cannot happen without amending s.79 of the Information Technology Act which ensures they are not to be held liable for their user's content: the users are. Internet speech has, to my knowledge, and to date, has never caused a riot in India. It is when it is translated into inflammatory speeches on the ground with megaphones that offensive speech, whether in books or on the Internet, actually become harmful, and those should be targeted instead. And the same laws that apply to offline speech already apply online. If such speech is inciting violence then the police can be contacted and a magistrate can take action. Indeed, Internet companies like Facebook, Google, etc., exercise self-regulation already (excessively and wrongly, I feel sometimes). Any person can flag any content on YouTube or Facebook as violating the site's terms of use. Indeed, even images of breast-feeding mothers have been removed from Facebook on the basis of such complaints. So it is mistaken to think that there is no self-regulation. In two recent cases, the High Courts of Bombay (Janhit Manch v. Union of India) and Madras (R. Karthikeyan v. Union of India) refused to direct the government and intermediaries to police online content, saying that places an excessive burden on freedom of speech.

IT Rules, 2011

In this regard, the IT Rules published in April 2011 are great offenders. While speech that is 'disparaging' (while not being defamatory) is not prohibited by any statute, yet intermediaries are required not to carry 'disparaging' speech, or speech to which the user has no right (how is this to be judged? do you have rights to the last joke that you forwarded?), or speech that promotes gambling (as the government of Sikkim does through the PlayWin lottery), and a myriad other kinds of speech that are not prohibited in print or on TV. Who is to judge whether something is 'disparaging'? The intermediary itself, on pain of being liable for prosecution if it is found have made the wrong decision. And any person may send a notice to an intermediary to 'disable' content, which has to be done within 36 hours if the intermediary doesn't want to be held liable. Worst of all, there is no requirement to inform the user whose content it is, nor to inform the public that the content is being removed. It just disappears, into a memory hole. It does not require a paranoid conspiracy theorist to see this as a grave threat to freedom of speech. Many human rights activists and lawyers have made a very strong case that the IT Rules on Intermediary Due Diligence are unconstitutional. Parliament still has an opportunity to reject these rules until the end of the 2012 budget session. Parliamentarians must act now to uphold their oaths to the Constitution.

For more details visit https://cis-india.org/internet-governance/online-pre-censorship-harmful-impractical

Online outcry forces government to withdraw draft encryption policy

praskrishna — 2015-10-01T02:05:01Z

The article by Naina Khedekar discussing encryption policy was published in First Post on September 23, 2015. Pranesh Prakash has been quoted.

Read the original published by First Post here.

Yesterday, the government released a draft encryption policy aimed at keeping a tab on the use of technology by specifying algorithms and length of encryption keys used by ‘all’. It wanted businesses, telcos and Internet companies to store all encrypted data for 90 days in plain text which should be presented before the law enforcement agencies whenever asked to. Moreover, failing to do so would mean legal action as per the laws of the country.

After a huge outcry, most of us woke up to the new proposed addendum this morning wherein the government has clarified to exempt products such as social media sites including WhatsApp, Facebook and Twitter; payment gateways; e-commerce and password based transactions and more from the draft policy.

Finally, the government has decided to withdraw the draft encryption policy.

I have written for that draft to be withdrawn, made changes to and then re-released: RS Prasad : ANI pic.twitter.com/W2IP4meEGb

— Firstpost (@firstpost) September 22, 2015

Some sort of encryption policy is there all over the world: Ravishankar Prasad pic.twitter.com/cDvsOWtjcM

— Firstpost (@firstpost) September 22, 2015

What’s fascinating is how the whole process felt like déjà vu. Haven’t we seen the drama unfold before. While the dust on the net neutrality sage has barely settled, we’re already facing newer issues related to encryption and privacy. We never learn from our mistakes, do we? A new draft policy, public outcry, and then comes the much-needed changes.

The Indian government hasn’t just caused anxiety and chaos among the netizens, but the initial draft completely misguided people. According to TheNextWeb, “The Indian government has made a fool of itself and caused anxiety among citizens with a woefully misguided proposal for a national encryption policy that it’s just released to the public for feedback.”

While we sit back and talk about Digital India, smarter cities and so on, the makers of the law seem to be clueless about some major by-products concerning these initiatives such as security, privacy and likewise. Each time the government talks about a new initiative meant to bring in some law and order pertaining to digital rights, it somehow manages to come up with implications that could affect us far worse.

In this case, the Indian government is trying to ensure that its law enforcement agencies have easy access to encrypted information whenever required, but this could easily compromise security and privacy in the process.

Moreover, each time the government releases a proposal for our digital lives, it’s people who remind the government about the adverse implications it could have. Does the expert panel writing these reports know nothing about privacy and how it possibly works? Or is the government simply looking at a trial balloon policy to gauge reactions by people. So, next time we don’t react, a draconian rule might just be governing our digital lives.

The whole net neutrality saga continued for months with assurance from the government on how it supports free and equal Internet, and eventually made ‘certain changes’. This seems headed on a similar path. Though the new addendum comes with changes, it still leaves us as muddled as before.

Pranesh Prakash of the CIS has tweeted out how the new clarification clarifies nothing.

This clarification by the govt does not clarify anything, but further muddles the encryption policy. pic.twitter.com/1KK8AFRp6Q

— Pranesh Prakash (@pranesh_prakash) September 22, 2015

All OSes will be illegal in India (IV.6 + V.3 of draft encryption policy) unless Microsoft, Apple, Red Hat, etc, sign agreement w/ govt.

— Pranesh Prakash (@pranesh_prakash) September 21, 2015

If India enacts that National Encryption Policy, their global back-end and support business will be drastically reduced. If it survives.

— Lin S (@Just_this_time) September 21, 2015

A new Medianama report also points out loopholes in the changes announced. The report adds how any encrypted service would have to sign an agreement with the government. With the heavy mobile penetration and increasing number of encrypted mobile services that people use, it is really feasible for the government to ink an agreement with all the services that are based outside the country.

Problems with the update to India's draft anti-privacy policy http://t.co/gKus1o3uaC pic.twitter.com/adqVJTedFI

— Nikhil Pahwa (@nixxin) September 22, 2015

In the past, we’ve seen the blame game around the laws, usually the ‘hurriedly’ changed laws passed (after the inability to monitor encrypted messages during the Mumbai terrorist attacks) in the winter session of 2008 without any debate or discussion by bears the brunt. Earlier this year, we saw the government crack down the Section 66A of the 2008 Information Technology Act describing it “unconstitutional” and “hit at the root of liberty and freedom of expression, the two cardinal pillars of democracy.”

Why can’t all the thinking be done before drafts are penned down for public review. A well thought out report would help avoid retractions later.

For more details visit https://cis-india.org/internet-governance/news/first-post-naina-khedekar-september-23-2015-online-outcry-forces-government-to-withdraw-draft-encryption-policy

Online or Offline, Protest Goes On

Junaid Nabi Bazaz — 2017-12-21T14:53:51Z

Strap: Kashmiris say internet blockades have no effect on uprisings

Srinagar, J&K: Ahead of the Srinagar parliamentary by-polls held on 9 April 2017, the Jammu & Kashmir state government suspended mobile data services to prevent protests around the election. The constituency went to polls with strict restrictions on movement, and with no access to mobile internet. As soon as the electoral staff reached their respective polling booths, however, there were protests. People at dozens of locations in central Kashmir’s Budgam district began to gather to demonstrate against the central and state governments, which they believed had not safeguarded Kashmiri interests.

Faizan, a 12-year-old schoolboy, was killed in the Dalwan shooting	Abbas, 21, was one of the victims of the shooting in Dalwan
Abbas’ home in Dalwan	The school in Dalwan where the shooting occurred

Picture Courtesy: Junaid Nabi Bazaz

In Dalwan village, a picture-postcard village atop a hill 35 kms from Budgam town, no votes were cast: the officers fled the polling station, and the paramilitary forces and police shot at protesters. Two people – a 21-year-old son of a policeman and a 12-year-old schoolboy – died on the spot.

People of Dalwan have been voting in droves in every parliamentary, legislative and local body election, even on occasions where much of Kashmir boycotted polls. But in April, residents said they were fed up with legislators not working to ensure uninterrupted power, water supply, concrete roads, or even a permanent doctor at its only dispensary. So, a village that has never demonstrated or produced any militants in the last 30 years of uprisings in the Kashmir Valley erupted in protest that election day. Now, the cemetery in which the two killed civilians are buried has been renamed as Martyr’s Graveyard.

Bazil Ahmad, a resident of Dalwan, says that nothing could have prevented the protests that day. “We protested against state, it was a spontaneous response,” says 22-year-old Ahmad who threw his first stones that day. “If the government believes that an internet blockade could prevent protests, they’re living in a fool’s paradise.” He sees the internet only as a free platform to express his anger and disappointment. “The actual trigger for the anger comes from the denial of rights and state aggression, not because of the internet,” says Ahmad.

As the news about the killings spread to neighbouring villages word-of-mouth, residents there too protested. Journalists in these villages updated their newsrooms. In a few days, all newspapers in Kashmir carried the news of eight deaths, scores of injuries, and the appalling 6.5% voter turnout in Budgam and Ganderbal districts.

After the ban was lifted, videos captured on polling day were posted on Facebook, Twitter and WhatsApp. One of them was a video of Farooq Dar, a voter returning from the polling booth, tied to the front bumper of a military vehicle as it patrolled villages. A paper with his name was tied to his chest, and a soldier announced on the loudspeaker, “Look at the fate of the stonepelter.” The video created an uproar internationally. The armed forces were accused of using a civilian as “a human shield”, pushing it to hold an inquiry, and the police to lodge an FIR.

After these videos emerged, the government on April 26 officially banned 22 social media sites and apps, including Facebook, WhatsApp and Twitter, for over a month. Once again, it seemed to have little effect on the protests – and protestors.

Sajad, who has been throwing stones for the past eight years at the armed forces, says, “The government is miscalculating the use of internet and the occurrence of protests.” The 28-year-old refers to the protests using the Kashmiri phrase kani jung, loosely translated as ‘stone battle’, which to him conveys a revolutionary zeal. Youths like Sajad who participate in the protests insist that they are provoked each time by an instance of human rights violation that exacerbates the long experience of militarisation, aspiration for “azadi”, and conflict in Kashmir. Internet shutdowns do nothing to erase this trigger, he says, and sometimes heighten their anger.

In just 2017, there have been 27 internet or social media bans in J&K, according to internetshutdowns.in. In the absence of evidence or study about its effects, it’s unclear if these blockades curb the spread of misinformation at all, or prevent the mobilisation of people for protests. For instance, on 15 April 2017, students from Degree College in south Kashmir’s Pulwama district protested against the armed forces for firing teargas and beating them. Though there was an internet ban in place, the incident went live on Facebook. It led to more student protests across the state. Schools, colleges and universities had to be closed for weeks.

Due to the frequency of blockades, several Kashmiris, including ministers, bureaucrats, civilians, protesters and police officers, have found a way out: they have turned to VPNs (Virtual Private Networks).

A VPN allows users to remain secure online and also enables them to access content or websites that are otherwise blocked. Sajad says, "A selective ban on the internet does not help, because we use VPNs. A person gains access to a network, and everyone in the area finds out how. Let the government block everything, it won’t stop protests.” To illustrate his point, Sajad gives the example of uprisings in the summer of 2016, during which internet, pre-paid and post-paid connections were shut for months. “Were there not protests?” he asks. “Kashmir was resisting Indian forces even before the internet existed, so why would it be difficult for us to use the same means now?”

Gulzar, a 30-year-old who has joined protests since he was 15, says the internet is more often used to disseminate information about the injustice, and not to organise protests. “A guy from Srinagar will only protest in Srinagar, and not go to other places. So, it is not too difficult to find out where protests are going on,” says Gulzar.

A DSP-rank police officer in the cyber crime cell of the J&K Police, on the condition of anonymity, says that bans have not yielded absolute results, but have been useful in preventing small-scale protests. He cited the example of district-level territorial internet blockades, done during gunfights between militants and the armed forces, to prevent immediate information sharing that may lead to the operation being compromised. “Say some militants are caught during an encounter in a village in Pulwama district. We block the internet as a precautionary measure in that area,” he says. “In case the district is violence-free, we reduce the bandwidth. That has now become the standard operating procedure.”

The police officer adds that accustomed to the bans, people now record the protests and later post videos on social media once the ban is lifted. “So, in effect, what the internet ban achieved is neutralised as soon as the internet is back on,” he says.

Names changed to protect identity.

Junaid Nabi Bazaz is a Srinagar-based journalist and a member of 101Reporters.com, a pan-India network of grassroots reporters. He has been working as a journalist in Kashmir since 2010. He has covered human rights, economy, administration, crime and health over these years. He has also written for contributoria.com, an independent division of The Guardian.

Shutdown stories are the output of a collaboration between 101 Reporters and CIS with support from Facebook.

For more details visit https://cis-india.org/internet-governance/blog/online-or-offline-protest-goes-on

Online Interest in Advani Rises

sachia — 2011-04-02T15:58:08Z

Article by Sruthi Krishnan in the Hindu, 15 May 2009, quoting CIS Research Director Nishant Shah

Online interest in BJP leader L.K. Advani reached its highest point in the last 12 months when a slipper was thrown at him. The data on Google Trends, an application that shows how often a search term has been sought for on Google over time, also shows that the interest in Mr. Advani’s name rose steadily as the general elections approached.

Contrary to what many consider as just another activity on the Internet, searching is the “backbone of cyberspace,” says Nishant Shah, Director (Research), Centre for Internet and Society, Bangalore. .

The search for Prime Minister Manmohan Singh shows a peak in July 2008 in the last 12 months, corresponding to the UPA Government winning the trust vote. That the interest in searching for public personalities closely mirrors news interest in the outside world is undeniable, says Mr. Shah. “The Internet is not as much a broadcast media as a search-and-find media.” Hence, in this context, the Internet acts as a “reference book” rather than a “best seller,” he says.

In the last 12 months, the political event that fired up Google in India was the launch of Praja Rajyam, coinciding with a spike in the search for actor Chiranjeevi’s name. This was the highest among the search history in the last 12 months of the ten most searched politicians in India on Google – a list released by Google recently.

The list includes Mr. Advani, Mr. Singh, Uttar Pradesh Chief Minister Mayawati, Gujarat Chief Minister Narendra Modi and Congress general secretary Rahul Gandhi.

However, Mr. Shah cautions that in an emerging information society like India, an increase in online search for a particular name or event may not imply that it is popular across the country. “Given the limited amount of internet access and the almost homogeneous user group that has interactive access to being online, it means that within that particular class-language group, a certain event or person is gaining popularity.”

The analysis by Google Trends also shows that most of the searches for Mr. Chiranjeevi were made in Telugu, compared to English.

While Hyderabad is where the actor’s name was searched the most number of times, the top 10 cities includes San Jose and Houston in the United States.

Interestingly, Sanjay Dutt, the other actor in the list, generated the highest volume of searches in Pakistan.

-----

Read the article at the Hindu website here.

For more details visit https://cis-india.org/news/online-interest-in-advani-rises

Online gag:Existing rules give little freedom

praskrishna — 2011-12-12T05:42:05Z

Even as the controversy over Kapil Sibal's attempt to get internet giants such as Google and Facebook to prescreen user-generated content to weed out 'offensive' material rages, a yet-to-be-published study by Bangalore-based Centre for Internet and Society reveals that rules already in place can have "chilling effects on free expression on the internet".

The study set out to examine if the Information Technology (Intermediaries Guidelines) Rules 2011, notified in April 2011, could create a gagging effect on websites that provide a platform for user-generated content in the form of opinion and comments. Websites such as Facebook, Yahoo, YouTube and Twitter fall under this category. The study was commissioned by the Centre for Internet and Society, which was invited to comment on the department of information technology when it framed the seminal Information Technology Act 2000.

The study author set out to test the process of 'takedown' (requesting an internet entity to remove material that can be interpreted as 'hateful', 'disparaging', 'defamatory', etc) by notifying seven separate internet entities of content linked to their websites or hosted by them that could, in very loose terms, be deemed offensive. The entities are not named in the study.

This first-of-a-kind experiment included actions such as sending search engines a takedown notice alerting it to results on searching the keywords 'online gambling' and alerting a news website about comments on a news story related to the Telangana dispute.

In six of the seven cases, the intermediaries and hosts - technical terms for websites that host content - acted promptly to not only remove the 'offensive' content without due processes of investigation but in some cases went beyond their brief to remove all content connected with the one mentioned in the takedown notice.

For instance, a news website that was sent a takedown notice about a well-argued and non-abusive comment to an article on the Telangana issue took down not just that comment, but all 15 comments published below the article In the case of the results of a search for 'online gambling', despite the fact that intermediaries are exempted from being implicated in such cases, one search engine notified took down not just the three links mentioned in the notice but another 25 sub-domains as well, "presumably to avoid legal risk and to err on the side of caution," the CIS report says.

"Our criticism is of the policy and not of the websites and Internet entities that are forced to err on the side of caution when faced by such notices," says Sunil Abraham, executive director, Centre for Internet and Society. "We are aware that they do not always have the legal and manpower resources necessary to monitor the enormous volumes of content they host." These companies often overstep their brief in order to avoid legal hassles resulting from what Abraham calls "unconstitutional limits on free speech".

The original story was published by the Times of India on 9 December 2011. Sunil Abraham was quoted in it. Read the story on Times of India here

For more details visit https://cis-india.org/online-gag

Online Censorship: How Government should Approach Regulation of Speech

sunil — 2012-12-05T07:06:52Z

Why is there a constant brouhaha in India about online censorship? What must be done to address this?

Sunil Abraham's article was published in the Economic Times on December 2, 2012.

Of course, we must get the basics right â€” bad law has to be amended, read down by courts or repealed, and bad implementation of law should be addressed via reform and capacity building for the police. But most importantly those in power must understand how to approach the regulation of speech.

To begin with, speech is regulated across the world. Even in the US â€” contrary to popular impression in India â€” speech is regulated both online and offline.

However, law is not the basis of most of this regulation. Speech is largely regulated by social norms. Different corners of our online and offline society have quite complex forms of self-regulation.

The harm caused by speech is often proportionate to the power of the person speaking â€” it maybe unacceptable for a politician or a filmstar to make an inflammatory remark but that very same utterance from an ordinary citizen may be totally fine.

To complicate matters, the very same speech by the very same person could be harmful or harmless based on context. A newspaper editor may share obscene jokes with friends in a bar, but may not take similar liberties in an editorial.

The legal scholar Alan Dershowitz tells us, "The best answer to bad speech is good speech." More recently the quote has been amended, with "more speech" replacing "good speech".

Censorship by the state has to be reserved for the rarest of rare circumstances. This is because censorship usually results in unintended consequences.

The "Streisand Effect", named after the singer-actor Barbra Streisand, is one of these consequences wherein attempts to hide or censor information only result in wider circulation and greater publicity.

The Maharashtra police's attempt to censor the voices of two women has resulted in their speech being broadcast across the nation on social and mainstream media. If the state had instead focused on producing good speech and more speech, nobody would have even heard of these women.

Circumventing Censorship

Peer-to-peer technologies on the internet mimic the topology of human networks and can also precipitate unintended consequences when subject to regulation. John Gilmore, a respected free software developer, puts it succinctly: "The Net interprets censorship as damage and routes around it."

Most of the internet censorship in the US is due to IPR-enforcement activities. This is why Christopher Soghoian, a leading privacy activist, attributes the massive adoption of privacy-enhancing technologies such as proxies and VPNs (virtual private networks) by American consumers to the crackdown on online piracy.

In India, and even when the government has had legitimate reasons to regulate speech, there have been unintended consequences.

During the exodus of people from the North-east, the five SMS per day restriction imposed by the government resulted in another exodus from SMS to alternative messaging platforms such as BlackBerry Messenger (BBM), WhatsApp and Twitter.

In both cases the circumvention of censorship by the users has resulted in a worsening situation for law-enforcement organisations â€” VPNs and applications like WhatsApp are much more difficult to monitor and regulate.

Mixed Memes

Regulation of speech also cannot be confused with cyber war or security. Speech can occasionally have security implications but that cannot be the basis for enlightened regulation.

A cyber war expert may be tempted to think of censored content as weapons, but unlike weapons that usually remain lethal, content that can cause harm today may become completely harmless tomorrow. This is unlike a computer virus or malware. For example, during the exodus, the online edition of ET featured the complete list of 309 URLs that were in the four block orders issued by the government to ISPs.

However, this did not result in fresh harm, demonstrating the fallacy of cyber war analogies. A cyber security expert, on the other hand, may be tempted to implement a 360Â° blanket surveillance to regulate speech, but as Gilmore again puts it, "If you're watching everybody, you're watching nobody."

In short, if your answer to bad speech is more censorship, more surveillance and more regulation, then as the internet meme goes, "You're Doing It Wrong".

For more details visit https://cis-india.org/internet-governance/blog/economic-times-december-2-2012-sunil-abraham-online-censorship

Online Censorship on the Rise: Why I Prefer to Save Things Offline

nishant — 2016-06-05T03:26:50Z

As governments use their power to erase what they do not approve of from the web, cloud storage will not be enough.

The article was published in the Indian Express on April 17, 2016.

It took me some time to trust the cloud. Growing up with digital technologies that were neither resilient nor reliable — a floppy drive could go kaput without you having done anything, a CD once scratched could not be recovered, hard drives malfunctioned and it was a given that once every few months your PC would crash and need a re-install — I have always been paranoid about making backups and storing information. Once I kicked into my professional years, I developed a foolproof, albeit paranoid, system, where I backed up my machines to a common hard drive, made a mirror image of that hard drive, and for absolutely crucial documents, I would put them on to a separate DVD which would have the emergency documents. It was around 2006, when I discovered the cloud.

It began with Google’s unlimited email accounts where you could mail information to yourself and then it would stay there for a digital eternity. I noticed that the size of my digital storage began decreasing. I no longer download videos I find on the web. I don’t save information on a device and I have come to think of the web as one large cloud, relying on the fact that if something is online once, it will always be available to me.

However, over the last couple of months, I have started noticing something different in my usage patterns. These days, when I do come across interesting information, instead of merely indexing it, I find myself making an offline copy of that information. Tweets enter a Storify folder. YouTube videos get downloaded. I make PDF copies of blogs and take screenshots of digital medial updates. I have been wondering why I am suddenly so invested in archiving the web when, theoretically, it is always there.

When I voiced this to a group of young students, I was surprised to hear that I wasn’t alone. The web is becoming a space that is crowded with take-downs, deletions, removals, and retractions which leave no archival memory. The students quickly pointed out that these take-downs are not just personal redactions. In fact, what we personally choose to remove has very little chances of actually disappearing from the web. Instead, these are things that are removed by governments, private companies and intermediaries who are being largely held liable for the content of the information that they make available.

Turkey, recently, demanded that German authorities remove a satirical German video titled Erdowie, Erdowo, Erdogan mocking their President. In response, Germany reminded the Turkish diplomacy of that lovely little thing called freedom of speech, and in the meantime, Extra 3, the group that had released the video on YouTube, added English subtitles to the video. Just for perks. I hope you gave a brownie point to Germany, even as you scrambled to see the video.

On the home front, though, things are not as celebratory. The minister of state for information and broadcasting, Rajyavardhan Rathore, and the head of the BJP’s information and technology cell, Arvind Gupta, have called for action against journalist Raghav Chopra who tweeted a photoshopped image of PM Narendra Modi bending down to touch the feet of a man dressed in Saudi Arabia’s national dress, to make a political comment about the PM’s recent visit to SA.

The two politicos, who have not had much to say about the doctored videos that were used to convict innocent students in JNU or the photoshopping that the government’s Press Information Bureau had indulged in to give us that iconic image of the prime minister doing an aerial survey of #ChennaiFloods, have taken umbrage against an image because it seems (obviously) false, and are demanding its takedown.

My proclivity for saving things offline is perhaps fuelled by this web of partisan censorship and the atmosphere of precarious hostility that governments seem to be supporting. Increasingly, we have seen, in India and around the globe, a rush of political power that exercises its clout to remove information, images and stories that they do not approve of.

Instinctively, I am reacting to the fact that intellectual questioning or cultural critique is being removed from the web at the behest of these vested powers, and that the cloud, light and airy as it sounds, is prone to some incredible acts of censorship and removal. I have found myself facing too many removal notices and take-down errors when trying to revisit bookmarked sites, that I am beginning to feel that the only way to keep my information safe might be to archive the whole web on a personal server.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-nishant-shah-april-17-2016-online-censorship-on-the-rise

Online Abuse of Teen Girls in Kashmir Leads to Arrests

praskrishna — 2013-03-06T03:51:20Z

Online abuse and a fatwa aimed at a rock band of Muslim teenage girls in Kashmir have led to arrests and a threat of a lawsuit.

This article by Betwa Sharma was published in the New York Times on February 8, 2013. Pranesh Prakash is quoted.

Three men were arrested this week for posting threatening messages on the Facebook page of Praagaash, an amateur rock band in Indian-occupied Kashmir made of up Muslim girls. “The investigation is ongoing,” said Manoj Pandita, spokesman for the Jammu and Kashmir police, indicating that more arrests may follow.

The three men were charged under Section 66A of the Information Technology Act, which applies to “offensive” messages being sent through communication services, and Section 506 of the Ranbir Penal Code, which applies to criminal intimidation. Mr. Pandita said that it had been easy to track the I.P. addresses of the Facebook users.

A prominent human rights lawyer, Parvez Imroz of the Jammu and Kashmir Coalition of Civil Society, is planning to sue the top religious leader in Kashmir, who called for the fatwa, for “demonizing Kashmir before the international community” and for “running a parallel judicial system in the valley.”

Mr. Imroz told India Ink that human rights organizations like his needed support from the international community to highlight their concerns, and such fatwas reflected badly on the Kashmiri society. “He is diverting attention away from real issues of human rights to nonissues like music and purdah,” Mr. Imroz said.

The fatwa against the band was issued by the Grand Mufti Bashiruddin Ahmad.

In his fatwa, Mr. Ahmad advised women to only sing inside the house to other female members of the family, and wear a veil whenever they left the house. “They must stay within limits,” he said.

Following the band’s first live performance in December, Aneeqa Khalid, Noma Nazir and Farah Deeba, 10th-grade students who are 15 and 16 years old, became the target of abuse and threats on Facebook by people who accused them of being un-Islamic because they had performed in public, especially before men. Some commenters called them “sluts” and “prostitutes;” others suggested that they should be raped.

The band Praagaash, which means “darkness into light,” disbanded following a national controversy surrounding these threatening messages. The threats were condemned by many, including the state’s chief minister.

To many Kashmiris, both the fatwa and the arrests by the government are unnecessary. Some say that the controversy erupted after the state’s chief minister, Omar Abdullah, got involved by expressing his support for the band on Twitter and then calling for investigation against those writing the threatening messages.

“Nobody here had a problem with the rock band,” said Aala Fazili, a doctorate student at Kashmir University, pointing out that the band’s performance in December had not led to any protests or physical threats against them.

Mr. Fazili, 32, added that people shouldn’t be arrested for writing abusive posts on Facebook. “You cannot call an abuse a threat,” he said.

Mr. Pandita, the Kashmir police spokesman, said the investigators were making a distinction between a threat and abuse on the basis of “gravity.”

Pranesh Prakash, from the Center for Internet and Society in Bangalore, asked whether people who hold protests calling for the death of the author Salman Rushdie should also be arrested for making threats.

“I would hold that no expression of violent thoughts, online or offline, should be made criminal, even if it is repugnantly misogynistic, unless it takes the form of a credible threat that causes harm, or is harassment that constitutes harm,” he said.

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Online @ India

praskrishna — 2011-12-12T07:48:55Z

I haven't yet heard of anybody in India going on a rampage because somebody in Pakistan started an 'India hate' page. However, I have seen people kill and destroy because they got incited to violence and hatred through offline religious propaganda, cinema and cricket.

I suggest it might be more useful to ban all these three institutions before looking at online networks," says Nishant Shah, Director of Research at Centre for Internet and Society. Shah's sarcastic quote is in response to the Information Technology minister Kapil Sibal's demand earlier this week that Internet companies censor content - leading to a huge outcry both online and offline.

Sibal cites "offensive content" on the internet as the reason for censorship, but what exactly is unacceptable or offensive and, as a noisy democracy, how slanderous are we as a people? What is the modern India's online psyche?

Hindustan Times-C fore survey

For many, India's growing presence on the net - from 97 million earlier in the year to almost 121 million by this year end (IMRB report) -translates into a "vomiting revolution", in the words of Pavan Duggal, Advocate, Supreme Court of India and Chairman, ASSOCHAM Cyberlaw Committee. Accoding to Duggal, "Indians today on social media are vomiting everything about their lives, social, personal, professional, otherwise. It is only a matter of time before people realize what they have said could impact them for times to come."

While Duggal says that "Indians are currently on the learning curve when it comes to behaviour in the online environment and a large number, in emotional states of mind, post information on the Internet which they later regret", sociologist Susan Visvanathan believes that it's a tool for instant satisfaction, especially the young. "Everyone knows that what goes online is recorded. However, that doesn't stop them from saying what they feel. This is verbosity in another form," says Visvanathan.

The "Argumentative Indian", Nobel Prize winning economist Amartya Sen's book, celebrated the Indian tradition of public debate. But while this culture of discourse is seen in everything from our yap-happy expert panelists on tv to political debate, does the argumentative Indian become an obnoxious, intolerant lout when unmonitored online?

According to Mahesh Murthy, online marketing expert, this is not true. "The young generation believes in live and let live. They respect opinions, and move on," says Murthy.

In India, everything from our history, cross border issues, nationalism, cricket, bollywood, religion, society and politics stirs emotions says Tarun Abhichandani, Group Business Director of the research firm IMRB International - "but it is the net that has the power to give it a cascade effect." As examples, Abhichandani refers to Kolaveri Di or content such as the anti-islamic post on FB which reportedly led to riots on the street in Dungarpur.

Here's where some people believe that the net becomes "tricky." Of religious discussion, says Abhichandani, "online we tend to be obnoxious when we are put in a setting where we need to differentiate ourselves from others."

However, defenders of net freedom - and they seem to far outnumber those who prescribe censorship - believe that even online religious dissent is not a cause for concern in a healthy democracy like ours. "The most extreme religious views online are actually from NRIs," says Murthy. He also points to the latest Google Transparency report for India where of the 355-plus items that the government asked to be removed, "only 3 were religious, the rest were political."

A survey conducted by Indiabiz, with a sample size of 1200 of India's youth (18-35 years) found that the youth saw social media as a space for change. Anti-corruption has emerged as the most prominent social cause endorsed by 32 per cent of the respondents.

India with its 100 million internet users comes third after China (485 million) and the US (245 million). In India 65 million of the active Internet users are in urban cities, ie . nearly 35% of the active Internet users are located in top eight metros, (IMRB). In comparison with other south east asian countries there are so many geographies of access and consumption within India for which finding a common spectrum is difficult. According to the latest IAMAI report, in rural India (24 million users), entertainment was the key driver. In urban India, 71 % of internet users indulged in social networking and 64% used internet for educational purposes. Shah however highlights, "One of the biggest differences that we can see is in the linguistic restrictions in India." For countries like China, S. Korea, Japan, Thailand, the web is essentially a local experience with the tools and language localised, while in India, with social media being used primarily in English, it is restricted to the urban elite.

The uprising in the middle east and, in comparison to communist China, which has blocked international social media sites, is something that India won't see for a long time feel experts. "We haven't as yet seen a revolution caused by the internet. The closest we came to it was when the 2G scam broke and the Anna Hazare movement. In Syria, Tunisia etc. because of totalitarian governments, the internet was crucial in the revolution, we are far from that because we are clear of censorship. For now," says Murthy.

Revolutions aside, online intellectual property rights and online slander which are rampant do cause a lot of trouble. "Indians need to believe in legal consequences of their postings," says Duggal who adds that almost six out of ten users in India would have faced some kind of undesirable content directed at them. "We've also seen cases where people, in a fit of anger, publish the most dirtiest of all expletives. People need to appreciate that the Indian Information Technology Act, 2000 has provisions which make such online behaviour unacceptable."

In April this year, the government attempted to put down rigorous laws when the "Information Technology (Intermediaries Guidelines) Rules 2011" was set up. The rules require intermediaries, ie companies like Facebook, Google and Yahoo that provide the platform for users to comment and create their own content, to respond quickly if individuals complain that content is "disparaging" or "harassing," among other complaints. If the complainant's claim is valid, these companies must take down the offensive information within 36 hours. And when required, the intermediary shall provide information or assistance to government agencies authorised for investigative, protective, cyber security activity.

However, critics of filtering of content say that most social networks already have evolved guidelines; the law is in place; and also that monitoring of the net is not just required, it is virtually technologically impossible.

While offensive is not an absolute category and because online space transcends national boundaries and puts us together in a non-space, it still is the best platform for public debate, according to most. As says Visvanathan: "The young will always have something to say via arts, music and slogans online. Our online experience reflects the openness of a democracy."

This article by Sharon Fernandes was published in the Hindustan Times on December 10, 2011. Nishant Shah was quoted in this. Read the original in the Hindustan Times here

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