We are anonymous, we are legion

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.

For more details visit https://cis-india.org/news/ny-times-feb-8-2013-betwa-sharma-online-abuse-of-teen-girls-in-kashmir-leads-to-arrests

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

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

One Pokémon to Rule Them All

nishant — 2016-07-25T01:16:04Z

America’s head start on the augmented reality game Pokémon Go shows that the interweb is not an egalitarian space.

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

I was busy, writing, when a Telegram message trickled in. It was a friend who asked me if I had looked at the new Pokémon Go game which has been getting more attention than national elections and global warfare in the USA lately. A location-based augmented reality game that involves the users moving around their physical environments “collecting” pokemon characters that appear hiding in different locations has a large part of the American population in a frenzy, leading to aching soles, traffic accidents, and involuntary bumping into things and people as the players move around, their eyes glued to their screens. The global release of the game is still in the pipeline, and so the rest of us will have to make do with the videos and screen grabs of the game.

While a big Pikachu fan myself, I don’t see myself going crazy over this game as and when my geography allows me for it, but the friend who had written to me about it is perturbed. An avid gamer and a self-proclaimed Pokémon fan, he is devastated that the users in privileged geography are going to get a head start in the global leader boards that he can never catch up with. The interwebz is already abuzz with players sharing hacks, cracks, bugs, cheat codes, and tips to collect more Pokémon, discover hidden powers, and rise quickly in the ranks as they drive, walk, run and jog around their neighbourhoods, in the quest of catching those delightful monsters on their phones. While my friend is aware that this cloud-based game will have multiple servers for different geographies, and so there will be relative rankings and customised interfaces for each community of players, he was feeling cheated about living in India and not having access to the first release of the game that has all the attention on the social web right now.

‘It almost makes me want to leave India and move to the USA,’ he said in mock frustration. It made me think about the privilege of geography when it comes to the presumed flatness of the digital world. One of the imaginations of the peer-to-peer architectures of the internet is its promise of flatness. With a series of non-discriminatory principles like #NetNeutrality and #ZeroRating enshrined as the fundamental attributes of the digital internet, we are often led to believe that when we are online, we are equal. This idea is so prevalent that in most of our technology-based development practices and policies, we think of access as the “be all”, if not the “end all”, of our activities. The rhetoric promises that if we get everybody online, we will have an egalitarian society where everybody will have equal access to resources, and equity by participating in the decision-making processes.

Despite overwhelming evidence that the digital world is anecdotally and systemically a space of exclusion, contestation, and intimidation, we continue to propagate the idea that these are “human” problems. Humans, fragile, frail and foolish in their being, contaminate the digital space. Humans, mired in the analogue systems of hatred and abuse, appropriate technologies to perpetuate these older forms of discrimination. The technological structures are imagined as pure, sterile, and committed to constructing parameters of equality through their neutral promises of universal access and seamless connectivity. Technology is clean, the human being is impure. Technology is robust, the human frail. Technology is flat, human hierarchical. These narratives of a neutral and egalitarian technology consequently lead us to put more importance and faith in algorithmic decisions and data-driven governance and policing. We have come to believe that because technologies are neutral, they will do a better job of regulating us than we do ourselves.

Pokémon Go, and its obvious geographical privilege reminds us that the digital is not flat. It is oriented towards a very obvious logic of geopolitical, economic, racial, and identity privileging that continues to promote some parts of the world as favoured standards of first access. The exclusive release of Pokémon Go reminds us that the digital is as subject to Euro-American centrism which treat these erstwhile imperial geographies as the beginning points of all digital activities, slowly expanding their fold to other regions through a trickle-down politics and economics. Whether you are waiting impatiently to join the global bandwagon of Pokémon collection, or are ready to shrug this off as another thing that people do on the web, this differential, preferential, and variable access of the internet is something we definitely want to consider as we continue to push for the digital as the solution to human problems.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-nishant-shah-july-17-2016-one-pokemon-to-rule-them-all

Once Upon A Flash

nishant — 2012-12-14T10:23:52Z

It was a dark and stormy evening. A young man in a dark blue Adidas jacket, collar turned up, eyes under green-black shades, hopped off a motorbike, tucked his thumbs into the front pockets of his low-slung retro jeans and surreptitiously made his way through a road thronging with rush-hour traffic and irate pedestrians yelping on their cellphones. He skipped across death traps with skilled ease: leaping over potholes, jumping over halfdug trenches, avoiding the occasional pair of doggy jaws that longed to mate with his ankles, ignoring the bikers who were using the pavements as new lanes for driving towards a honking traffic jam bathed in an orange and red neon that made the road look like a piece of burnt toast with dollops of vicious jam on it.

After five minutes of brisk walking, he slowed down as if he had reached just where he wanted to be – nowhere in particular. On his left were the large Acropolis buildings, towering over the world from their gated existence, structured in pompous Greek columns and facades of granite, stone and marble. On his right, on the other side of the road, if you looked over the metal head of the traffic, you could see the small roadside restaurant that announced fresh fish at cheap rates, sitting cosily under a starved-looking tree, happily encroaching upon the pavement, forcing the pedestrians to disembark, navigate the traffic and then come back to the relative safety of the footpath.

Caught between these two ironies, he stayed put for a while, glancing at his chor bazaar Rado model that flashed on his left wrist. He headed towards the mall that rose in glass and neon, false curves and studious lines across the quickly staining sky of a Saturday evening. As he walked into the mall, the automatic doors that sensed his corporeal presence opened up for him and the girl in a polka-dotted blue-and-red dress threw him the smile that desk attendants save for strangers. The gush of cold airconditioned air and the noises of window shoppers greeted him to ease; mannequins in windows, draped in the latest fashions and various states of undress, winked at him; the smell of freshly brewed coffee came and enveloped him. He headed with ungrim determination towards the round performance area in the mall centre. Like many other hangers-out he too loitered without apparent intent around it, just another boy out on a Saturday evening.

Suddenly his cell phone buzzed. His alarm sounded in loud tones to blend with the Britney Spears playing on the mall sound system. He fished out a bright bumblebee-yellow bandana and tied it to his head. As he did that, the performance area turned into a sea of people wearing varied shades of yellow, blasting their cell phone alarms at full volume till all you could hear was a grating disharmony that would have caused comment on a railway station in India. The phones soon faded and a group of about 70 people formed a human ring, holding hands, their heads swathed in yellow, and sang at the top of their voices the first two stanzas of Hum Honge Kamyaab – the Hindi rendering of the famous song We Shall Overcome. Once the song sank into a bewildered silence, the people in yellow bandanas fell on their knees, raised their hands towards heaven and roared with laughter before quickly pulling off their headgear and dispersing, leaving an empty space and a gawking audience who just had their first dose of a ‘flashmob’ – a group of people who assemble together, suddenly, in a public place, perform an unexpected sets of choreographed actions and disperse without as much as a by your leave or with your leave.

Flashmobs trace their history to the early 18th century industrialisation, when a group of women working in the labour shops[1]in Australia used coded messages to meet and discuss the problems they had in their workplaces. These meetings were organised at random, and the women used the very technologies of production that they engaged with at work on a daily basis to fight the oppression and the injustice of the people at the top. The first modern flashmob, however, is attributed to Bill Wasik, editor of Harper’s Magazine, who, after the first failed attempt (May, 2003), managed to pull a successful flashmob where 200 people swarmed over the mezzanine floor of the Manhattan departmental store Macy’s, pretending to buy a ‘love rug’ for their commune where they supposedly all lived together; they left a bewildered audience and a bemused store staff behind them (3rd June, 2003).

Organise, congregate, act, disperse – that is the anatomy of a flash mob. A polymorphous set of people are brought together through the commonality of subscribing to similar technological interfaces or gadgetry. Random e-mails, short messages (sms) on cell phones, discrete messages embedded in public works of art or media, blogs and wikis have now been successfully used to conjure these tenuous group formations that temporarily transform the space that they arrive at – flash sites – into something that neither the audience they perform to nor the state can comprehend, thus producing that space in a condition of social and physical illegality.

In The Name of Fun

One of the most overarching icons of a globalised economy has been the credit card – virtual money that has changed the way we think of money, capital and transactions. Visa Power, as the advertisement goes, is looked upon as the quintessential rhetoric of economic globalisation, where the power to change and to create is manifested through the processes of consumption. While technology has been heavily implicated in the creation of this new invisible money, it has remained on the background. The swiping of the card – the physical act of buying without ‘paying’ has become such a naturalised event that the technology it adopts or the networks it creates are not very visible... Flash mobs, in their construction, execution and ramifications, foreground technology as one of the most powerful tools of creating new formations of grouping and networking that, through their deliberately devised unintelligibility, transform the spaces they occupy.

This is the story of the first flashmob in India, and how it can be understood through the tropes of illegality, enchantment and transformation. The story starts a little before the flashmob itself. In the year 2000, a shopping mall in Mumbai created a furore amongst the public. It was the first ‘genuine’ shopping mall in India. The first space that claimed mallhood was in Bangalore – Kemp Fort, but it was more a large shopping store rather than a mall. This first all American shopping mall – Crossroads, with its promises of unlimited pleasure and brand-tagged shopping – attracted the largest crowd in its opening week. Everybody wanted to see what the mall was like. Everybody was curious about this space. Everybody wanted to be a part of this exclusive zone that clearly demonstrated that modernity and progress had finally come to us. Then everybody found out that they were not allowed to enter the mall. As the director of the mall pointed out in his interview with The Times of India, (23rd August, 2000), “Crossroads is not meant for everybody".

In those days when cell phones were still a novelty and definitely a curio for the upper classes, and when pagers were still struggling for a mass market, Crossroads passed a stipulation which restricted people not carrying a cell phone or a credit card from entering the mall. If you were still eager to enter the space, you paid extra fees of Rs 50 per head and thus made amends for not carrying a cell phone or a credit card. This was the first time a ‘public’ space made it very clear that the public it was looking for and attempting to effectively create was not “everybody”. The issue was talked about, shouted about, screamed at and criticised by all wings of the media, who passionately analysed this instance of discriminatory practices based on socioeconomics. Later, a PIL (Public Interest Litigation) was filed against the mall; it lost, and had to throw its doors open to “everybody” who had been clamouring to get in ever since they found out they were not allowed to enter.

On 4 October 2003, the mall again came into limelight in a manner it had not accounted for. This time it was initiated by an e-mail. About 5,000 original mailers went off to people all around Mumbai and even beyond the city, asking them to have a look at a new blog for Mumbai flashmobs. The blog posted a form asking for name, e-mail address and mobile number. On 3 October several cell phones rang, asking people who had submitted their details in the form to check their inboxes. The eager participants glided to their accounts to find a mail that agonisingly chalked out the time and space of the meeting venue – a flash site. The information was also sent by sms to all members who had volunteered. And then at exactly 5 pm a group of about a hundred participants entered Crossroads. They screamed at the top of their voices and sold imaginary shares belonging to Reliance India. They performed the garba. In the middle of dancing they all froze. And then without so much as a word, after two minutes of historic histrionics, they opened their umbrellas and dispersed, leaving a trail of bewilderment and confusion, as an audience of over a thousand watched with their jaws on the floor.

This was India’s first recorded flashmob. A large crowd of people who did not know each other, did not have any largely political purpose in mind and did not really intend to extend the flashmob contact into relationships, got together to perform a set of ridiculous actions at Crossroads, thus marking it as the first flash site in India. Ironically, the group that converted the mall into mayhem consisted of whom Anne Balsamo calls the hyperreal people – people whose identities are created by the hypervisual and extra physical aesthetics of the digital technologies that they deploy - who were once the only legitimate owners of the space of that mall. This first flashmob sparked off many others all around the nation – most of them marking out spaces such as multiplexes, shopping malls, gaming parlours, body shops, large commercial roads and shopping complexes as their flashsite.

Bill Wasik, the creator of the first flashmob in Manhattan, in a recent interview,[2] looked upon the flashmob experiment as a study in behavioural psychology of people he called “hipsters” – people who would join ‘new’ or ‘cool’ things for no reason or investment but to be visible in the new trends and social fads. To a large extent, Wasik’s surface analysis seems to hold true. While flashmobs have been used as a political weapon by several groups and activists in many areas of human rights, queer rights, feminism, political democracy, etc., flashmobs fundamentally exist, like pre-Raphaelite art, for a solipsist reason. Bijoy Venugopal, who produced one of the most celebrated accounts of the Crossroads flashmob[3], mentions how it was all about having some “serious fun”. Increasingly, the flashmob organisers in and around the country have disavowed any ideological moorings for the gathering, and forcibly shelve it into the realms of entertainment or leisure. Following the banning of flashmobs in cities like Mumbai and Bangalore (Mid-day, 9th oct. 2003), even though they have invoked the right to freedom of speech and expression, the organisers and the participants have largely produced justifications by claiming to have no political agenda or inclinations in the construction or execution of flashmobs.

In this repeated disavowal of the political, one can read the desire for re-enchantment that flashmobs and mobsters bring with them. Flashsites, defined by the organising of the flashmobs, are usually sites of globalised consumption – an enchanted world of brand names and designer lifestyles that can make you feel as perpetually disoriented as Alice in Wonderland. These sites serve as the symbols of enchantment in the logic of the city.[4] The new urban enchantment and mode of fantasy is located in the circuits of consumerism where, with plastic money and unlimited credit, the consuming citizen can buy all that the heart desires. However, flashmobs, outside these networks of consumption, and constituted by the same people who fit the bill of the citizen as imagined and promoted by the state and the market as they embrace globalisation and its technologies, demand a re-enchantment of the city. They force us to acknowledge the need for such public spaces to be accessible to all, and provide a strong critique of the easily accepted globalised dream in which the state is so heavily investing. Flashmobs become a manifestation of how tenuously networked, fragile communities, their collaboration inspired and enabled by cyberspatial technologies, can contest the very forces that promote and proliferate these technologies. Flashmobs become a site upon which the drama of globalisation, consumption, state and space is discursively and recursively enacted.

In The Name of The Law

That flashmobs are in a condition of illegality is perhaps one of the easiest claims to prove. The very fact that the Mumbai Police, after the first series of flashmobs, invoked Section 37(1) of the Bombay Police Act in the name of security and safety, clearly states how flashmobs are considered outside the law in the most literal sense of the word. The then Mumbai Police Deputy Commissioner of Police, Amitabh Gupta, contacted Rohit Tikmany, organiser of the first flashmob and moderator of the flashmob blogging community (http://www.mumbaimobs.org/), asking him to shut down the site and stop all further attempts at organising flashmobs. Following the ban in Mumbai, cities such as Ahmedabad, Bangalore and Delhi have enacted similar bans within the city limits. These censoring forces look at flashmobs as potentially destabilising elements that can be ‘misused’ for violent acts such as riots and bombings by fundamentalist organisations.

However, of greater interest is the way in which flashmobs manage to reproduce flashsites in conditions of social and physical illegality by creative deliberate structures of transient unintelligibility. The leisure infrastructure of malls and multiplexes, cafes and large shopping complexes, gaming zones and commercial roads of consumption, are all aimed at the new citizenry that comes into being with these new urban economies falling into place. These spaces are not only legitimate spaces of self-expression through consumption, but also authorised spaces of public assembly and gathering. They promote an ethos of incessant consumption where the individual is also installed as a consumable product that relates to others in the processes of consumption. They are the locations where brands, accessories and lifestyles all come together as the figureheads of a sanitised economy which strives to make opaque the surrounding subcultures of piracy, theft, copying and distributing that emerge around such nodal points.[5] To belong to the space of a mall or a shopping complex, one needs to almost automatically endorse the original, the authentic, the expensive, as a way of making a conscious statement of style and lifestyle. These potential flashsites become the spaces that the state legitimises as the most visible and sanitised form of urbanisation in contemporary cities.

However, flashmobs definitely subvert the sanctity or the sanity of such spaces by compelling them to suddenly introject disruptive conditions of unintelligibility. Flashmobs force the other participants of the space to enter into a narrative of confusion and chaos; of turbulence, thus rendering the space of consumption incomprehensible for the short time that the flashmob unfolds. Moreover, flashmobs do not fall under globalisation’s rhetoric of consumption, and do not require any special access powers or consumption rites, thus defying the discriminatory protocols that such spaces put in motion under the uneasily hovering sign “Rights of Admission Reserved”. Flashmobs, by rejecting the very use and expectation of the space, in spite of the heavy surveillance, state opposition and hi-tech policing, are able to distort the formulaic narratives of the space, thus creating alternative structures of resistance, of transformation, of transition. State apparatus gets completely paralysed when faced with such a radical reconfiguring, and thus goes out of its way to put a special ban upon flashmobs in a city where even a small defeat in a cricket match, or various emotional events such a public mourning or celebration, bring together crowds much louder, more aggressive, tenuous and destructive than conventional flashmobs. The transient illegality that flashmobs produce is not only at the level of the law but also at the level of legibility and comprehension.

"What do the mobsters do when they come together for a flashmob?" is a wrong question to ask. While the actions of the mobsters might be bizarre and lacking in meaning, often uninformed by any obvious ideology, flashmobs do produce new modes of signification and networking patterns, unprecedented in modern history. The ephemeral nature of the flashmobs, the improbably pseudonymous identities of the participants, the technologically mediated communication and networking patterns, all hint towards a certain notion of technosociality, where the social world around us is profoundly affected by the technologies that we adopt. In these unexpected eruptions, flashmobs create a new relationship between actors, audience and the spaces that they inhabit, including all the three into the circuits of digital technologies. As a form of radical localised performance, flashmobs offer a way to question the hierarchical intentionality of the spaces that they transform; they embody new ways in which technologies interface with our daily life, producing new forms of technosocial living.

This paper was published in Academia.edu. Click here to read the original. Download the file here. [PDF, 129 kb]

[1].These were probably the precedents to the modern day sweat shops that have characterized Globalisation in the 21st century. The ‘labour shops’ were large stone and concrete buildings which housed workers working around the clock towards incessant production. Women and children were often preferred because they were given lesser wages than men and considered more easily malleable.

[2].The transcript of the interview is available at http://www.laweekly.com/ink/04/37/features-bemis.php

[3].Venugopal, himself a prolific blogger, blogged about the flashmobs at http://www.laweekly.com/ink/04/37/features-bemis.php http://www.laweekly.com/ink/04/37/features-bemis.php

[4]. Po Bronson, in his spectacular analysis of the Silicon Valley in The Nudist on the Late Shift, talks about how in a post-industrial city, the quantifiable icons of enchantment and progress – large factories, smoke spewing chimneys and huge barricaded stone and iron constructions have given way to small and homelike offices which are almost human and hence negligible. In his search for the new symbols of enchantment, Bronson conjures the figure of the nudist on the late shift – an eccentric double billionaire who works and lives in a cubicle and rides on the crest of the IT boom. In the case of third world countries like India, these symbols might well be these new sites of consumption that have come with globalization.

[5].One of the more exciting facets of digital technologies and globalization has been the debate over property, ownership and theft. Easy duplication of brands and bypassing the traditional circuits of distribution or sale of property have created the glorified figure of the pirate who straddles the worlds of the legal and the illegal, the digital and the physical, the ephemeral and the tactical with great ease. Within the sanctuarised spaces of malls and shopping complexes, these referents to the other world of cheap duplicates and mobile consumables hang uneasily. There is a constant attempt at establishing the original and the legitimate over the fake or copied replicas which are available in the grey markets that emerge around them.

For more details visit https://cis-india.org/internet-governance/once-a-flash

On the net, red herring

praskrishna — 2011-12-05T09:49:30Z

They are often the first clue in cyber crimes.But IP addresses may not be totally foolproof, writes Javed Anwer. Sunil Abraham has been quoted in this article published in the Times of India on 4 December 2011.

It was one morning that changed the life of Lakshmana Kailash K forever.In the wee hours of August 31,2007, Kailash,a techie in Bangalore,was woken up by cops from Pune.They told him he had posted images derogatory to Chhatrapati Shivaji on Orkut,and whisked him away to Maharashtra.The police had used the IP address provided by the internet service provider and information from Google,to find that the image was posted from a computer owned by Kailash.

It was one morning that changed the life of Lakshmana Kailash K forever.In the wee hours of August 31,2007,Kailash,a techie in Bangalore,was woken up by cops from Pune.They told him he had posted images derogatory to Chhatrapati Shivaji on Orkut,and whisked him away to Maharashtra.The police had used the IP address provided by the internet service provider and information from Google,to find that the image was posted from a computer owned by Kailash.

The Maharashtra cops are not the only ones to get it wrong.There is a widespread belief that IP addresses are akin to a smoking gun in most cyber crime cases.Tracing the IP address is also considered one of the easiest ways to crack a case.The result: even four years after what Kailash went through,investigators,internet service providers,private companies filtering web traffic and social networking websites,continue to jump to a conclusion on the basis of IP addresses.

There is a tendency to oversimplify the process, says Sunil Abraham,executive director of Centre for Internet and Society.While I have seen that courts have been always careful in cases where IP addresses are involved as a tool of investigation,I cant say the same about the local police.

In theory,IP addresses can be useful since they provide a link to individual computers.The address is a numerical string for example,192.168.1.1 that is assigned to any computing device connected to a network.However,given the dynamic and interlinked nature of the internet,using them as clinching evidence is fraught with dangers.

The second reason,according to Patnaik,is the presence of open wi-fi networks.Most people have no clue about technology.This means unsecured or poorlyconfigured wi-fi networks are common.The result: someone may park his car in a residential colony,scan for open wi-fi networks and use the open connection for sending a threatening or abusive email to his boss before leaving, he says.If the mail is traced,it will lead to the person who owns the wi-fi network and not the guy who used it illegally.

But police officers say that,to start with,the IP address is often the only clue thats there.Investigating cyber-crime is difficult because its all virtual, says Ranjit Narayan,special commissioner (crime).There are no clues other than the IP address.The investigation starts with it. Now,though,after their widespread abuse,there is a growing realization about the fallacy of the IP approach.A judge in the US recently said there was a very real disconnect between an IP address and a copyright infringer.Organizations like Electronic Frontier Foundation,which deals with matters related to cyber liberty and free speech on the web,have also taken up the issue in earnest. Perhaps,there is hope for the Kailashs of the future.

The original story was published in the Times of India, it can be read here

For more details visit https://cis-india.org/news/red-herring

On the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Torsha Sarkar, Gurshabad Grover, Raghav Ahooja, Pallavi Bedi and Divyank Katira — 2021-06-21T11:52:39Z

This note examines the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The analysis is consistent with previous work carried out by CIS on issues of intermediary liability and freedom of expression.

On 25 February 2021, the Ministry of Electronics and Information Technology (Meity) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter, ‘the rules’). In this note, we examine whether the rules meet the tests of constitutionality under Indian jurisprudence, whether they are consistent with the parent Act, and discuss potential benefits and harms that may arise from the rules as they are currently framed. Further, we make some recommendations to amend the rules so that they stay in constitutional bounds, and are consistent with a human rights based approach to content regulation. Please note that we cover some of the issues that CIS has already highlighted in comments on previous versions of the rules.

The note can be downloaded here.

For more details visit https://cis-india.org/internet-governance/blog/on-the-legality-and-constitutionality-of-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021

On the Internet, how much is too much?

pranesh — 2011-04-02T15:19:33Z

The Hindu carried a piece on 05/08/2009, discussing the Avinash Kashyap / defamation of the President case.

On the Internet, how much is too much?

Deepa Kurup

BANGALORE (05/08/2009): As many as 9,740 website links are thrown up when running a search with a phrase ridiculing the Indian President on the popular search engine Google. Of these, at least a few hundred websites host content that criticise the first citizen, often in harsh terms; one even hosts a game on flash player where you can fling virtual tomatoes on the President’s portrait. The Internet is inundated with such attacks, arguably offensive and hurtful, on several public personalities.

Last week a Bangalore-based engineering student Avinash Kashyap was arrested for allegedly posting “obscene content” about the President on the Internet under Section 469 of the Indian Penal Code (forgery for purpose of harming reputation). Later, he was released on bail. Police sources said the message was objectionable and not “obscene or pornographic”, as reported in some sections of the media. Two unsubstantiated versions did the rounds: the student had hacked into an official government website, and posted on her behalf: “I am a rubber stamp”. The second story is that Avinash created an online profile under her name and posted the same.

SC refusal

Using the web to rant, make unwarrantable allegations or defame an individual is offensive, to say the least. However, those who campaign for a non-invasive Internet argue that laws are often misused to target individuals and stifle dissenting voices. Recently, the Supreme Court refused to quash criminal proceedings against a student, Ajith D. He had been prosecuted for creating an anti-Shiv Sena community on Orkut. Ajith had argued that he merely started the community, and also pleaded that his life would be under threat if he had to appear in a Maharashtra court. “Anything that is posted on the Internet goes to the public... you are a computer student and you know how many people access Internet portals,” the court said, adding that he will have to explain his conduct in a court of law.

Debate

This observation has triggered a debate among net users and academics who differ on the private — and public — nature of web space. Those who advocate boundless Internet freedom point to incidents in 2007 and 2008 where a political party consistently clamped down on individuals that criticised it, often resorting to violence and vandalism. But were these isolated cases? Or can the Rama Sene — seen beating up women in a pub in Mangalore — use defamation laws against the retaliatory and witty Pink Chaddi campaign that spread though a social-networking site?

The Internet, unlike traditional media, is complicated for various reasons, one of them being that it is difficult to accurately trace the author of a particular posting. Gurumurthy of the IT for Change, a non-profit organisation, feels that Internet norms have to be evolved. “The Internet is global, and the laws also must be. The real solution can be a global public policy process, which is being considered at the Internet Governance Forum (a UN body),” he says.

The Indian IT Act, as it stands today, is being criticised as restrictive. Sunil Abraham of the Centre for Internet and Society says the law is “unclear and over-expansive”. “If you are an individual blogger, a law like this could have a chilling effect on creativity and free speech. You could call this a scare tactic: by making examples of a few people and scaring people from doing what could be normal web activities like forwarding a joke,” Mr. Abraham explains.

The other argument is that technology and email gateways are seldom fool-proof. Lakshman Kailash, a software professional arrested in August 2007 for allegedly defaming Maratha king Shivaji by uploading an “offensive picture” on a social networking site, says “better clarity and awareness on laws is critical today”.

For no fault of his, he spent 50 days in jail because the Internet Service Provider made a mistake in tracking his IP (Internet Protocol) address. “I later decided to go public though this meant prolonging the agony for my family, because there is no awareness and accountability in the net space,” he says.

“I will never condone offending someone on the Internet — but if authorities want to keep the laws strict, then they must create awareness among users. Perhaps, websites can be asked to moderated content,” Mr. Kailash says.

Laws of the land

Google and such websites act in accordance with the laws of the land. Moreover, these IP addressed can be manipulated and a random cruise through websites or social networks reveal that the next offensive message is just a few clicks away.

As Mr. Kailash points out, thousands of bloggers continue to air their opinions, often extreme and offensive, oblivious to the repercussions. It is time they pause to think about the possible consequences, before going ahead with their blogging.

For more details visit https://cis-india.org/news/on-the-internet-how-much-is-too-much

On social media, Modi goes soft

praskrishna — 2012-11-02T06:20:13Z

“Truth stands on its own; it doesn’t need a prop.” Is this Mahatma Gandhi? No, it’s Gujarat chief minister Narendra Modi on Twitter. Gujarat’s elections are near, but in the arena of social media, Modi has already won. From over a million subscribers on Twitter to a Facebook page flooded with “likes”, Modi’s net is cast wide.

Zia Haq's article was published in the Hindustan Times on October 26, 2012. Sunil Abraham is quoted.

In political rallies, Modi roars with demagogic speeches. On Twitter, he displays a softer, brooding side: “Powers of the mind are like rays of light.” Only occasionally is a political challenge thrown in: “Delhi Sultanate treats Gujarat like enemy nation but Gujarat will never bow.”

A polarising figure still, Modi is often accused of avoiding action to stop a carnage that killed nearly 2,000 people in 2002, mostly Muslims. Yet, he has pulled off a stunning PR strategy on social media to showcase Gujarat as India’s Guandong, a Chinese province with top GDP rankings. Gujarat has posted robust growth rates, although its human-development indicators remain skewed.

Modi became the third politician globally, after Obama and the Australian PM, to host a political conference on Google+ hangout, a video chat platform. In the past quarter, he added nearly 24,000 Twitter subscribers every 12 days, according to twittercounter.com.

Modi has leveraged social media in a way the Congress hasn’t been able to. Unlike him, none among the Congress’s leadership, including Rahul Gandhi, has a personal Twitter account. “Our leaders believe more in transparent dialogues with the public, rather than spreading Internet canards,” said Congress spokesperson Manish Tewari.

Shashi Tharoor, a Congress MP with the highest Twitter subscriber base among Indian politicians, attracts mostly the elite, not the masses.

He jibes at his own government with irreverent tweets often making his party frown.

Yet, research shows that social media is more persuasive than television ads. Nearly 100 million Indians, more than Germany’s population, use the Internet.

Of this, the 40 million who have broadband are the ones active on the social media. “Unlike Obama, who used it directly for votes, Indian politicians tend to use social media more to mould public discourse,” says Sunil Abraham, the CEO of The Centre for Internet and Society.

For more details visit https://cis-india.org/news/hindustan-times-specials-coverage-gujarat-assembly-elections-2012-zia-haq-oct-26-2012-on-social-media-modi-goes-soft

On Google Maps, JNU top result in search for 'anti-national'

praskrishna — 2016-03-29T01:37:17Z

"Anti-national" is not a location. But Google Maps seems to have an address for it - Jawaharlal Nehru University in the capital. On Friday, Google Maps pinned other such "locations" in the same place. It yielded the same result for other search terms such as "sedition," "freedom of expression," and "patriotism."

The article by Kim Arora was published in the Times of India on March 25, 2016. Rohini Lakshane was quoted.

The university, that recently became a hotbed of national politics following the arrest of the JNUSU president, also showed up in Google Maps search for other terms like "intolerance", "Kanhaiya Kumar", and "Smriti Irani". Google reviews for the central university suggest that this has been happening since last week.

JNU, it appears, is a victim of Google Map's word association. "This is a bug. Google Maps results take signals from many points on the web, including news outlets. The terms "Anti National," "Kanhaiya Kumar" and JNU have been in the news so much recently that they became associated in Maps which is why this result is triggered. This is a bug and we're working to fix this as quickly as possible," a Google spokesperson told TOI over email.

Google reviews of the university showed a barrage of one-star reviews uploaded in the last couple of weeks, reacting to the events and political demonstrations on the campus. "Ashamed to note that such a popular university houses anti nationals," said one such review. By Friday afternoon, Google Maps was among the top ten India trends on Twitter.

Rohini Lakshane, a researcher with the Center for Internet and Society in Bengaluru, ran a search for "antinational" on Google Maps from an Indian IP, and then again from those outside the country. She found that the JNU result only showed up for searches carried out from an Indian IP, and for those on Google India if used from an IP outside the country.

"Google's search engine seems to be correlating the keyword "JNU" with these terms owing to their extremely large concentration in the Google Maps reviews as well as associated metadata from other content on the web. This is quite common for topics that are widely written about on the internet and discussed on social networking sites. If the heavy concentration only exists within a certain country or region, then the results may only correlate for searches done from IP addresses there," says Lakshane.

Google search algorithms are known to take into account terms that are frequently used together to display results. In July 2015, for example, controversy broke after Google images started showing Prime Minister Narendra Modi's image if one searched for "Top 10 Criminals in the World". Google had then issued an apology for the faux pas, and said, "Sometimes, the way images are described on the internet can yield surprising results to specific queries. We apologise for any confusion or misunderstanding this has caused. We're continually working to improve our algorithms to prevent unexpected results like this."

Google Maps has earlier been subjected to pranks. In May 2015, Google had to temporarily suspend its Map Maker function after an image of an Android bot urinating on an Apple logo appeared on a map. Map Maker is an application where lay users can mark new places, routes, or institutions in areas they are familiar with.

For more details visit https://cis-india.org/internet-governance/news/the-times-of-india-march-25-2016-kim-arora-on-google-maps-jnu-top-result-in-search-for-anti-national

Old Isn't Always Gold: FaceApp and Its Privacy Policies

Mira Swaminathan and Shweta Reddy — 2019-08-09T10:12:11Z

Leaving aside the Red Scare for a moment, FaceApp's own rebuttal of privacy worries are highly problematic in nature.

The article by Mira Swaminathan and Shweta Reddy was published in the Wire on July 20, 2019.

If you, much like a large number of celebrities, have spammed your followers with the images of ‘how you may look in your old age’, you have successfully been a part of the FaceApp fad that has gone viral this week.

The problem with the FaceApp trend isn’t that it has penetrated most social circles, but rather, the fact that it has gone viral with minimal scrutiny of its vaguely worded privacy policy guidelines. We click ‘I agree’ without understanding that our so called ‘explicit consent’ gives the app permission to use our likeness, name and username, for any purpose, without our knowledge and consent, even after we delete the app. FaceApp is currently the most downloaded free app on the Apple Store due to a large number of people downloading the app to ‘turn their old selfies grey’.

There are many things that the app could do. It could process the images on your device, rather than take submitted photos to an outside server. It could also upload your photos to the cloud without making it clear to you that processing is not taking place locally on their device.

Further, if you have an Apple product, the iOS app appears to be overriding your settings even if you have denied access to their camera roll. People have reported that they could still select and upload a photo despite the app not having permission to access their photos. This ‘allowed behaviour’ in iOS is quite concerning, especially when we have apps with loosely worded terms and conditions.

FaceApp responded to these privacy concerns by issuing a statement with a list of defences. The statement clarified that FaceApp performs most of the photo processing in the cloud, that they only upload a photo selected by a user for editing and also confirmed that they never transfer any other images from the phone to the cloud. However, even in their clarificatory statement, they stated that they ‘might’ store an uploaded photo in the cloud and explained that the main reason for that is “performance and traffic”. They also stated that ‘most’ images are deleted from their servers within 48 hours from the upload date.

Further, the statement ends by saying that “all pictures from the gallery are uploaded to our servers after a user grants access to the photos”. This is highly problematic.

We have explained the concerns arising out of the privacy policy with reference to the global gold standards: the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, APEC Privacy Framework, Report of the Group of Experts on Privacy chaired by Justice A.P. Shah and the General Data Protection Regulation in the table below:

Privacy Domain	OECD Guidelines	APEC Privacy Framework	Report of the Group of Experts on Privacy	General Data Protection Regulation	FaceApp Privacy Policy
Transparency	There should be a general policy of openness about developments, practices and policies with respect to personal data.	Personal information controllers should provide clear and easily accessible statements about their practices and policies with respect to personal data.	A data controller shall give a notice that is understood simply of its information practices to all individuals, in clear and concise language, before any personal information is collected from them.	Transparency: The controller shall take appropriate measures to provide information relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Article 29 working party guidelines on Transparency: The information should be concrete and definitive, it should not be phrased in abstract or ambivalent terms or leave room for different interpretations. Example: “We may use your personal data to develop new services” (as it is unclear what the services are or how the data will help develop them);	Information we collect “When you visit the Service, we may use cookies and similar technologies”……. provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. “We may also collect similar information from emails sent to our Users..” Sharing your information “We may share User Content and your information with businesses…” “We also may share your information as well as information from tools like cookies, log files..” “We may also combine your information with other information..”
A simple reading of the guidelines in comparison with the privacy policy of FaceApp can help us understand that the terms used by the latter are ambiguous and vague. The possibility of a ‘may not’ can have a huge impact on the privacy concerns of the user. The entire point of ‘transparency’ in a privacy policy is for the user to understand the extent of processing undertaken by the organisation and then have the choice to provide consent. Vague phrases do not adequately provide a clear indication of the extent of processing of personal data of the individual.
Privacy Domain	OECD Guidelines	APEC Privacy Framework	Report of the Group of Experts on Privacy	General Data Protection Regulation	FaceApp Privacy Policy
Security Safeguards	Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data	Personal information controllers should protect personal information that they hold with appropriate safeguards against risks, such as loss or unauthorised access to personal information or unauthorised destruction, use, modification or disclosure of information or other misuses.	A data controller shall secure personal information that they have either collected or have in their custody by reasonable security safeguards against loss, unauthorised access, destruction, use, processing, storage, modification, deanonymization, unauthorised disclosure or other reasonably foreseeable risks	The controller and processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.	How we store your information “We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps… However, FaceApp cannot ensure the security of any information you transmit to FaceApp or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.”

The obligation of implementing reasonable security measures to prevent unauthorised access and misuse of personal data is placed on the organisations processing such data. FaceApp’s privacy policy assures that reasonable security measures according to commercially accepted standards have been implemented. Despite such assurances, FaceApp’s waiver of the liability by stating that it cannot ensure the security of the information against it being accessed, disclosed, altered or destroyed itself says that the policy is faltered in nature.

The privacy concerns and the issue of transparency (or the lack thereof) in FaceApp are not isolated. After all, as a Buzzfeed analysis of the app noted, while there appeared to be no data going back to Russia, this could change at any time due to its overly broad privacy policy.

The business model of most mobile applications being developed currently relies heavily on personal data collection of the user. The users’ awareness regarding the type of information accessed based on the permissions granted to the mobile application is questionable.

In May 2018, Symantec tested the top 100 free Android and iOS apps with the primary aim of identifying cases where the apps were requesting ‘excessive’ access to information of the user in relation to the functions being performed. The study identified that 89% of Android apps and 39% of the iOS app request for what can be classified as ‘risky’ permissions, which the study defines as permissions where the app requests data or resources which involve the user’s private information, or, could potentially affect the user’s locally stored data or the operation of other apps.

Requesting risky permissions may not on its own be objectionable, provided clear and transparent information regarding the processing, which takes place upon granting permission, is provided to the individuals in the form of a clear and concise privacy notice. The study concluded that 4% of the Android apps and 3% of the iOS apps seeking risky permissions didn’t even have a privacy policy.

The lack of clarity with respect to potentially sensitive user data being siphoned off by mobile applications became even more apparent with the case of a Hyderabad based fintech company that gained access to sensitive user data by embedding a backdoor inside popular apps.

In the case of the Hyderabad-based fintech company, the user data which was affected included GPS locations, business SMS text messages from e-commerce websites and banks, personal contacts, etc. This data was used to power the company’s self-learning algorithms which helped organisations determine the creditworthiness of loan applicants. It is pertinent to note that even when apps have privacy policies, users can still find it difficult to navigate through the long content-heavy documents.

The New York Times, as part of its Privacy Project, analysed the length and readability of privacy policies of around 150 popular websites and apps. It was concluded that the vast majority of the privacy policies that were analysed exceeded the college reading level. Usage of vague language like “adequate performance” and “legitimate interest” and wide interpretation of such phrases allows organisations to use data in extensive ways while providing limited clarity on the processing activity to the individuals.

The Data Protection Authorities operating under the General Data Protection Regulation are paying close attention to openness and transparency of processing activities by organisations. The French Data Protection Authority fined Google for violating their obligations of transparency and information. The UK’s Information Commissioner’s office issued an enforcement notice to a Canadian data analytics firm for failing to provide information in a transparent manner to the data subject.

Thus, in the age of digital transformation, the unwelcome panic caused by FaceApp should be channelled towards a broader discussion on the information paradox currently existing between individuals and organisations. Organisations need to stop viewing ambiguous and opaque privacy policies as a get-out-of-jail-free card. On the contrary, a clear and concise privacy policy outlining the details related to processing activity in simple language can go a long way in gaining consumer trust.

The next time an “AI-based Selfie App” goes viral, let’s take a step back and analyse how it makes use of user-provided data and information both over and under the hood, since if data is the new gold, we can easily say that we’re in the midst of a gold rush.

For more details visit https://cis-india.org/internet-governance/blog/the-wire-mira-swaminathan-and-shweta-reddy-july-20-2019-old-isnt-always-gold-face-app-and-its-privacy-policies

OHD on Consultation Paper on Net Neutrality

Admin — 2017-08-04T02:14:46Z

Pranesh Prakash was a speaker at the OHD on Consultation Paper on Net Neutrality organized by Telecom Regulatory Authority of India on July 25, 2017 in Bengaluru.

Click to see the consultation paper. Pranesh's comments at the event followed the lines of the submission made earlier. The submissions can be accessed on this page.

For more details visit https://cis-india.org/internet-governance/news/ohd-on-consultation-paper-on-net-neutrality

Officials Raise Questions over Indian Government’s Efforts

praskrishna — 2012-09-04T12:36:48Z

As per a recent report, it has been revealed that the Indian government despite making several efforts to resolve the issue of hate speech seems failing in the same.

This post by Bruce Totolos was published in the French Tribune on August 22, 2012. Sunil Abraham is quoted.

It is being said that no doubt the government has taken strict actions since the rumours came into picture from the last week. 245 Web pages have been blocked with effect from Friday along with limitations over text messages to five a day for 15 days. But, many websites are still containing some morphed images of violence.

As per some officials in New Delhi, it is a matter of huge concern still not being taken seriously by online companies like Google and Facebook. It is known to everyone that previous such images and SMSs led some northeastern India’s people to leave Chennai, Bangalore and Pune, they say.

However, the internet firms claim that they are making all possible endeavours. It was told that only reason for not answering certain request was it hampered users’ rights.

“The Internet intermediaries are responding slowly because now they have to trawl through their networks and identify hate speech. The government acted appropriately, but without sufficient sophistication”, said executive director Sunil Abraham from the Center for Internet and Society in Bangalore.

For more details visit https://cis-india.org/news/frenchtribune-com-bruce-totolos-aug-22-2012-officials-raise-questions-over-indian-governments-efforts