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Aadhaar: Still Too Many Problems

pranesh — 2016-04-06T15:31:32Z

While one wishes to welcome govt’s attempt to bring Aadhaar within a legislative framework, the fact is there are too many problems that still remain unaddressed for one to be optimistic.

The article was published by Livemint on March 7, 2016.

The Aadhaar Bill has been introduced as a money bill, even though it doesn’t qualify as such under Article 110 of the Constitution. If the Speaker agrees to this, it will render the Rajya Sabha toothless in this matter, and will weaken our democracy. The government should reintroduce it as an ordinary legislative bill, which is what it is.

While the government has in the past argued before the Supreme Court that Aadhaar is voluntary, Section 7 of the bill allows the government to mandate an Aadhaar number (or application for an Aadhaar number) as a prerequisite for obtaining some subsidies, benefits, services, etc. This undermines its arguments before the Supreme Court, which led the court to pass orders holding that Aadhaar should not be made mandatory. This move to make it mandatory will now need the government to argue that rather than contravene the apex court order, it has instead removed the rationale for it.

Interestingly, the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government seems to have done a U-turn on the issue of the unique identification number not being proof of citizenship or domicile. The previous Congress-led United Progressive Alliance (UPA) government never meant the Aadhaar number to be proof of citizenship or domicile. This was attacked by the Yashwant Sinha-chaired standing committee on finance, which feared that illegal immigrants would get Aadhaar numbers. Now, the BJP and the NDA seem to be in agreement with the original UPA vision of Aadhaar.

Importantly, there is very strong language when it comes to the issue of privacy and confidentiality of the information that is held by the Unique Identification Authority of India (UIDAI). Section 29 (1), for instance, says that no biometric information will be shared for any reason whatsoever, or used for any purpose other than Aadhaar number generation and authentication. However, that provision is undermined wholly by Section 33, which says that “in the interest of national security”, the biometric info may be accessed if authorized by a joint secretary. This will only fan the fears of those who have argued that the real rationale for Aadhaar was not, in fact, delivery of services, but to create a national database of biometric data available to government snoops.

Also Read

Pros and cons of Aadhaar bill

Further, there are no remedies available for governmental abuse of this provision.

Lastly, in terms of privacy, the concern of those people who have been opposing Aadhaar is not just that the biometric and other identity information may be leaked to private parties, but also that having a unique Aadhaar number helps private parties to combine and use other databases that are linked with Aadhaar numbers in a manner that is not within the subject’s control. This is not at all addressed in this bill, and we need a robust data protection law in order to do that.

There are some other crucial details that the law doesn’t address: Is user consent, to be taken by third parties that use the UID database for authentication, needed for each instance of authentication, or would a general consent hold forever? How can consent be revoked?

There were many other objections that were raised against the Aadhaar scheme that have not been addressed by the government. For instance, in a recent article in the Economic and Political Weekly, Hans Varghese Mathews points out that going by the test data UIDAI made available in 2012, for a population of 1.3 billion people, the incidence of false positives—the probability of the identities of two people matching—is 1/112.

This is far too high a ratio to be acceptable.

Actual data from the field in Andhra Pradesh—of people who were unable to claim rations under the public distribution system (PDS)—paints a worse picture. A survey commissioned by the Andhra Pradesh government said 48% of respondents pointed to Aadhaar-related failures as the cause of their inability to claim rations.

So, even if the Aadhaar numbers were no longer issued to Lord Hanuman (Rajasthan), to dogs (e.g., Tommy Singh, a mutt in Madhya Pradesh), and with photos of a tree (New Delhi), it might not prove to be usable in a country of India’s size, given the capabilities of the fingerprint machines. As my colleague Sunil Abraham notes, the law cannot fix technological flaws.

So, while one wishes one could welcome the government’s attempt to bring Aadhaar within a legislative framework, the fact is there are too many problems that still remain unaddressed for one to be optimistic.

Pranesh Prakash is policy director at the Centre for Internet and Society, a think tank.

For more details visit https://cis-india.org/internet-governance/blog/livemint-march-7-2016-pranesh-prakash-aadhaar-still-too-many-problems

Flaws in the UIDAI Process

hans — 2016-03-06T10:40:59Z

The accuracy of biometric identification depends on the chance of a false positive: the probability that the identifiers of two persons will match. Individuals whose identifiers match might be termed duplicands. When very many people are to be identified success can be measured by the (low) proportion of duplicands. The Government of India is engaged upon biometrically identifying the entire population of India. An experiment performed at an early stage of the programme has allowed us to estimate the chance of a false positive: and from that to estimate the proportion of duplicands. For the current population of 1.2 billion the expected proportion of duplicands is 1/121, a ratio which is far too high.

The article was published in Economic & Political Weekly, Journal » Vol. 51, Issue No. 9, 27 Feb, 2016.

A legal challenge is being mounted in the Supreme Court, currently, to the programme of biometric identification that the Unique Identification Authority of India (UIDAI) is engaged upon: an identification preliminary and a requisite to providing citizens with “Aadhaar numbers” that can serve them as “unique identiﬁers” in their transactions with the state. What follows will recount an assessment of their chances of success. We shall be using data that was available to the UIDAI and shall employ only elementary ways of calculation. It should be recorded immediately that an earlier technical paper by the author (Mathews 2013) has been of some use to the plaintiffs, and reference will be made to that in due course.

The Aadhaar numbers themselves may or may not derive, in some way, from the biometrics in question; the question is not material here. For our purposes a biometric is a numerical representation of some organic feature: like the iris or the retina, for instance, or the inside of a ﬁnger, or the hand taken whole even. We shall consider them in some more detail later. The UIDAI is using ﬁngerprints and iris images to generate a combination of biometrics for each individual. This paper bears on the accuracy of the composite biometric identiﬁer. How well those composites will distinguish between individuals can be assessed, actually, using the results of an experiment conducted by the UIDAI itself in the very early stages of its operation; and our contention is that, from those results themselves, the UIDAI should have been able to estimate how many individuals would have their biometric identiﬁers matching those of some other person, under the best of circumstances even, when any good part of population has been identiﬁed.

Read the full article here.

The author thanks Nico Temme of the Centrum Wiskunde & Informatica in The Netherlands for the bounds he derived on the chance of a false positive. He is particularly grateful to the anonymous referee of this journal who, through two rounds of comment, has very much improved the presentation of the results. A technical supplement to this paper is placed on the EPW website along with this paper.

For more details visit https://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process

The Crypto Wars Are Global

praskrishna — 2016-04-01T16:06:30Z

The blog post by Joseph Cox was published by Motherboard on March 4, 2016

American politicians, media, and the public may be focused on the ongoing battle between Apple and the FBI over encryption in the iPhone, but the so-called Crypto Wars are far from just a national issue.

The proliferation of encryption—and law enforcement’s efforts to defeat it—is a wordwide phenomenon, and one that might have much more urgent consequences outside of Europe and the US.

On top of that, some governments’ reactions to the increased use of cryptography have been more kinetic and drastic.

This was starkly demonstrated with the arrest of a senior Facebook executive in Brazil on Tuesday, seemingly carried out because WhatsApp was unable to fulfill a court order to intercept messages on the service. That case was likely an exceptional one, but it was symptomatic of growing frustration amongst governments and law enforcement around the world.

Plenty of countries already seemingly target devices to circumvent encryption

So as foreign authorities clamp down on crypto in their own way, how will this affect users?

“Outside the US, the consequences for users, the risks, the threats that they face; the reasons they use crypto, are going to be much more pronounced,” Amie Stepanovich, US Policy Manager at Access Now, a digital rights group told Motherboard in a phone call.

For some users, Stepanovich said, “encryption really is a matter of life or death.” She pointed to LGBQT communities in the Middle East or North Africa, where their sexual preference might be illegal.

Various countries have taken wildly different approaches to tackling crypto. Late last year, the Kazakhstan government announced a plan to force all internet users to download a digital certificate that would allow the authorities to snoop on encrypted traffic. And in 2014, the Russian government called for researchers to find a way to crack the Tor anonymity network. Both of those plans have seemingly failed to materialise in any concrete results, but the intention was certainly there.

Others have looked at attacking devices of individuals, something that the FBI is also keen to develop.

“The future might be in the hacking of the device, hacking the end-point,” said Richard Tynan, a technologist at activist group Privacy International.

Indeed, plenty of countries already seemingly target devices to circumvent encryption. Italian surveillance company Hacking Team had at least 70 customers from all over the world, according to hacked internal documents.

The legislative approach has also been fairly popular. In December, China passed a law requiring technology firms to assist in the decryption of information.

This legal route parallels the current battle between Apple and the FBI, where the agency has asked the company to write code that would override the iPhone’s security features. Some feel that if the FBI is successfully in making the technology giant write malicious code, then a precedent will be set for other countries to follow.

“I think that if the US government is successful in ordering Apple to write code, we're going to see other countries also try to push Apple in the same direction,” Stepanovich said. (In its recent amicus brief in the Apple case, Intel wrote that if the FBI is successful in its demands, other countries, particularly those with less protective privacy laws, might see an invitation to require companies to undermine the security of their products.)

J. Carlos Lara, research and policy director from Derechos Digitales in Chile, said “There are many reasons to be following the debate, even if it does not appear to be directly about us, or about our country, because it might become one of the issues in our country at any point in the future.”

Carolina Botero, director of Fundación Karisma, a Colombian civil society organization, told Motherboard that she could imagine a situation similar there to that ongoing in the US if Apple does lose this fight.

“Colombia has a real need to fight against terrorists; there is a real national security issue here,” she said.

Others remained sceptical, saying that some countries may follow their own path, as they've already been doing.

“U.S. commentators greatly over-estimate the positive impact of U.S. self-imposed restrictions in national security matters on how foreign countries will act,” Pranesh Prakash, policy director at the Centre for Internet and Society in India, told Motherboard in an email.

Although it’s not a case strictly dealing with the same issues as Apple and the FBI, Prakash pointed to when the Indian government pressured BlackBerry to install a server in the country, so messages could be more easily intercepted.

“Though the U.S. government does not put restrictions on the encryption that may be deployed by telecom networks and ISPs, the Indian government does. And we aren't even talking about an 'authoritarian' government here, but the world's largest democracy,” he wrote.

The encryption debate is clearly not one limited to only the US, or even Europe. Rather, the spread of cryptography, and how governments respond to that, is likely an immediately more important issue elsewhere in the world.

“The global threat is much more serious,” than in the US, Stepanovich said.

For more details visit https://cis-india.org/internet-governance/news/motherboard-march-4-2016-joseph-cox-crypto-wars-are-global

Sean McDonald - Ebola: A Big Data Disaster

sumandro — 2016-04-21T09:57:26Z

We are proud to initiate the CIS Papers series with a fascinating exploration of humanitarian use of big data and its discontents by Sean McDonald, FrontlineSMS, in the context of utilisation of Call Detail Records for public health response during the Ebola crisis in Liberia. The paper highlights the absence of a dialogue around the significant legal risks posed by the collection, use, and international transfer of personally identifiable data and humanitarian information, and the grey areas around assumptions of public good. The paper calls for a critical discussion around the experimental nature of data modeling in emergency response due to mismanagement of information has been largely emphasized to protect the contours of human rights.

Read

Download the paper: PDF.

Preface

This study titled “Ebola: A Big Data Disaster” by Sean Martin McDonald, undertaken with support from the Open Society Foundation, Ford Foundation, and Media Democracy Fund, explores the use of Big Data in the form of Call Detail Record (CDR) data in humanitarian crisis.

It discusses the challenges of digital humanitarian coordination in health emergencies like the Ebola outbreak in West Africa, and the marked tension in the debate around experimentation with humanitarian technologies and the impact on privacy. McDonald’s research focuses on the two primary legal and human rights frameworks, privacy and property, to question the impact of unregulated use of CDR’s on human rights. It also highlights how the diffusion of data science to the realm of international development constitutes a genuine opportunity to bring powerful new tools to fight crisis and emergencies.

Analysing the risks of using CDRs to perform migration analysis and contact tracing without user consent, as well as the application of big data to disease surveillance is an important entry point into the debate around use of Big Data for development and humanitarian aid. The paper also raises crucial questions of legal significance about the access to information, the limitation of data sharing, and the concept of proportionality in privacy invasion in the public good. These issues hold great relevance in today's time where big data and its emerging role for development, involving its actual and potential uses as well as harms is under consideration across the world.

The paper highlights the absence of a dialogue around the significant legal risks posed by the collection, use, and international transfer of personally identifiable data and humanitarian information, and the grey areas around assumptions of public good. The paper calls for a critical discussion around the experimental nature of data modelling in emergency response due to mismanagement of information has been largely emphasized to protect the contours of human rights.

This study offers an important perspective for us at the Centre for Internet and Society, and our works on Privacy, Big Data, and Big Data for Development, and very productively articulates the risks of adopting solutions to issues important for development without taking into consideration legal implications and the larger impact on human rights. We look forward to continue to critically engage with issues raised by Big Data in the context of human rights and sustainable development, and bring together diverse perspectives on these issues.

- Elonnai Hickok, Policy Director, the Centre for Internet and Society

CIS Papers

The CIS Papers series publishes open access monographs and discussion pieces that critically contribute to the debates on digital technologies and society. It includes publication of new findings and observations, of work-in-progress, and of critical review of existing materials. These may be authored by researchers at or affiliated to CIS, by external researchers and practitioners, or by a group of discussants. CIS offers editorial support to the selected monographs and discussion pieces. The views expressed, however, are of the authors' alone.

For more details visit https://cis-india.org/papers/ebola-a-big-data-disaster

India's ‘Facebook ruling’ is another nail in the coffin of the MNO model

praskrishna — 2016-02-28T03:44:34Z

Ability to access 'net from mobe no longer considered a miracle.

The article was published in the Register on February 15, 2016. Pranesh Prakash gave inputs.

Nobody could accuse India’s telecoms regulator, TRAI, of being in the operators’ pockets. This month it has, once again, set eye-watering reserve prices for the upcoming 700 MHz spectrum auction (see separate item), and now it has taken one of the toughest stances in the world on net neutrality, in effect banning zero rated or discounted content deals like Reliance Communications’ Facebook Basics, or Bharti Airtel’s Zero.

In a ruling last Monday, TRAI said telecoms providers are banned from offering discriminatory tariffs for data services based on content, and from entering deals to subsidize access to certain websites. They have six months to wind down any existing arrangements which contravene the new rules. Its stance is even stricter than in other countries with strong pro-neutrality laws, such as Brazil and The Netherlands.

“This is the most extensive and stringent regulation on differential pricing anywhere in the world,” Pranesh Prakash, policy director at the Centre for Internet and Society, said. “Those who suggested regulation in place of complete ban have clearly lost.”

Such decisions, combined with high spectrum costs, will quickly make the traditional cellular business model unworkable in India, and the more that happens, the more wireless internet innovation will switch to open networks running on Wi-Fi and unlicensed spectrum. R.S. Sharma, chairman of TRAI, was careful to tell reporters that the zero rating ruling would not affect any plans to offer free Wi-Fi services, like those planned by Google in a venture with Indian Railways.

A disaster for MNOs, not Facebook

Facebook pronounced itself “disappointed” at TRAI’s ruling, having lobbied aggressively for a more flexible approach since RCOM was forced to suspend the Basics offering in December while the consultation process took place. But while the ruling bars the Basics offering – which provided free, low speed access, on RCOM’s network, to a selection of websites, curated by Facebook – it does not stop the social media giant pursuing other initiatives within its internet.org umbrella. These include projects to extend access using its own networks, powered by drones and unlicensed spectrum, to the unserved of India and other emerging economies.

So while the TRAI decision may be a setback for Facebook, it is not the body blow that it represents for the MNOs with their huge debt loads and infrastructure costs, and low ARPUs. Facebook, with 130m users in India, has a comparable reach to the Indian MNOs (only three, Bharti Airtel, Vodafone and Idea, have more subscribers than Facebook has users), and is better skilled at monetizing those consumers.

The challenge for companies like Facebook is that strict neutrality rules reduce their ability to harness others’ networks in order to reach out to new users. There are about 240m people in India who are online, but don’t use Facebook, and about 800m who are not connected, so the growth potential is far larger than in the other 37 countries where Basics is offered, such as Kenya or Zambia (Facebook is blocked in China). Using RCOM’s network and marketing activities was a far cheaper way to reach some of those people than launching drones, but Facebook has other options too, including its existing efforts to make its services more usable on very basic handsets and connections; the ability to leverage the WhatsApp brand; and partnerships with Wi-Fi providers.

The drones may have less immediate results than Basics, but they are a high profile example of an ongoing shift towards open networks, which has been going on for years, driven more by Wi-Fi proliferation than neutrality laws. The latter will be an accelerant, however.

All internet will be free, not zero rated

Currently, zero rating is an increasingly popular tactic to lure users with an apparently cheap deal and then, hopefully, see them upgrade to richer data plans, or spend money on m-commerce and premium content, in future. Zero rating involves allowing users access to selected websites and services without it affecting their data caps or allowances.

The US regulator has so far tolerated the practice, but the debate is raging, there and elsewhere, over whether it infringes neutrality laws, by offering different pricing for different internet services. If other authorities take the stance adopted by TRAI in India, operators will have to find new ways to attract customers and differentiate themselves.

Increasingly, access to a truly open internet will be the baseline, and priced extremely low. That low pricing will be made commercially viable by rising use of Wi-Fi to reduce cost of data delivery, whether for MNOs, wireline providers or web players like Google and Facebook, which are moving into access provision. Providers, whether traditional or new, will have to stop regarding access to the internet as a premium service or a privilege – it will be more akin to connecting someone to the electricity grid, just the base enabler of the real revenue model.

Just as it’s only when users plug something into that grid that they start to pay fees, so the operators will charge for higher value offerings which ride on top of the internet – premium content, enterprise services, cloud storage, freemium applications and so on.

The mobile operators have not embraced these ideas willingly. For years, the ability to access the internet from a mobile device was regarded as a value-add, almost a miracle. Now that the wireless network is often the primary access method, they need to change their ideas and be more like the smarter cablecos – which have tacked internet access onto a model driven by paid-for content and services – or the web giants, which have worked out ways to monetize ‘free’ access, from advertising to big data.

This, of course, is one of the goals of internet.org and Google’s similar initiatives involving drones, white space spectrum and satellites. The more users are able to access the internet, preferably for free, and the more they see Google or Facebook as their primary conduits to the web, the more data these companies have to feed into their deep learning platforms, their context aware services and their advertising and big data engines.

So while critics of TRAI said the zero rating decision was a setback to the goal of getting internet access into the hands of the huge underserved population of India, that population is too large and potentially rich for Facebook and its rivals to give up at the first hurdle.

Facebook CEO Mark Zuckerberg wrote in a blog post: "While we're disappointed with today's decision, I want to personally communicate that we are committed to keep working to break down barriers to connectivity in India and around the world. Internet.org has many initiatives, and we will keep working until everyone has access to the internet."

For more details visit https://cis-india.org/telecom/news/the-register-february-15-2016-india-facebook-ruling-is-another-nail-in-coffin-of-mno-model

Violence call key to 'sedition'

praskrishna — 2016-02-28T03:06:47Z

Words, whether spoken or shouted, that question or even malign the government cannot be labelled as sedition, unless they specifically incite violence, lawyers and human rights experts familiar with fundamental rights and sedition laws have said.

The article was published in the Telegraph on February 18, 2016

The experts say courts hearing allegations of sedition would be expected to analyse the context and intent to determine whether actions claimed by the prosecution as sedition fit its definition under the Indian Penal Code#(IPC) and various Supreme Court rulings.

Under Section 124A of the IPC, "whoever by words.... or by signs or visible representation or otherwise brings or attempts to bring into hatred, contempt or excites or attempts to excite disaffection towards the government established by law in India" may be punished. The section defines disaffection as "disloyalty and all feelings of enmity", but clarifies that comments that express even strong disapproval of government actions through lawful means without exciting or attempting to excite hatred, contempt, or disaffection are not an offence.

"It is not the actions alone that count, they have to be seen along with the mental ingredients behind those actions - it is the motive that determines the character of the actions," N.R. Madhava Menon, honorary professor at Bangalore's National Law School, told The Telegraph.

"The court would be expected to examine the facts and the evidence presented," he said. "It would ask questions such as, is there evidence for a conspiracy, who was behind the actions, was it an organised event, was it intended to subvert a legally established government?"

Experts say Supreme Court rulings over the decades have narrowed the scope of the sedition law. In a 1995 judgment, the court held that casual raising of slogans by individuals cannot be held as exciting or attempting to excite hatred or disaffection towards the government.

The court has ruled that only speeches intended to create disorder or disturbance or call for resorting to violence could be punishable under the section, said Ravi Nair, executive director of the South Asia Human Rights Documentation Centre, New Delhi.

In a 1962 judgment, the Supreme Court had limited the scope of Section 124A to incitement to violence or fostering public disorder, Gautam Bhatia, a Delhi-based lawyer and author of Offend, Shock, or Disturb, a book on free speech under the Indian Constitution has pointed out.

In a report for the non-government Centre for Internet and Society, Bhatia said other Supreme Court rulings had clarified#that that there needed to be a "direct and imminent degree of proximity" between the speech and expression and the breach of public order, and that the relation between the two should be like a "spark in a powder keg".

"Something the court has clearly rejected is the argument that it is permissible to criminalise speech and expression simply because its content might lower the authority of the government in the eyes of the public which, in turn, could foster a disrespect for law and the state, and lead to breaches of public order," Bhatia wrote.Human rights analysts point out historical episodes in other countries where citizens have expressed intense opposition to government actions, without having charges of sedition filed against them.

"The protests in the US against the Vietnam War during the late 1960s and protests in the UK against the Falkland War in 1982 or more recently British involvement in the Gulf war are examples," Nair said. "Supreme Court rulings in India have narrowed the scope of the section on sedition to cover only actions that actually call for violence."

Nair said sedition should be seen as an anachronism in any mature democracy. India's sedition law was written during British rule, but the UK abolished its own sedition and seditious libel law in 2009.

For more details visit https://cis-india.org/internet-governance/news/the-telegraph-february-18-2016-violence-call-key-to-sedition

Why the Internet is Making India Furious

praskrishna — 2016-02-28T03:01:59Z

The Centre for Internet and Society (CIS) in Bangalore is a kind of hacker club for wonks and lawyers obsessed with issues of digital rights and global development. Not exactly the mainstream kids’ lunch table. But the Center was brought into sudden relief this week, thanks to … Mark Zuckerberg.

Read Sanjena Sathian's blog post published by Ozy on February 19, 2016

In a splashy bit of news, India’s telecom authority rejected a program called Free Basics, which the Facebook team had been promoting as a way to get free Internet to the masses. (Here on the subcontinent, more than 300 million people use the Internet — but that’s only about a quarter of the population.) The idea: Facebook would allow free access to a handful of websites (the “basics”) to everyone; users would pay for further content. The objections: On the dramatic end came comparisons to colonialism; on the wonkier, objections based on the principles of net neutrality, or the idea that all Internet content should be treated the same. The threat the critics saw in Free Basics was that of the Web as a two-lane highway — the free stuff for the poor folks, and the good stuff for those who can afford it.

Mumbai-based Sanjena Sathian spoke to CIS cofounder and policy director Pranesh Prakash about the changing landscape of web rights that led up to the news.

OZY:

Tell us what you’re thinking in the wake of India’s decision.

Pranesh Prakash:

The order seemed to fix the issue with a sledgehammer rather than a scalpel. It over-regulates and bans things that are beneficial along with that that aren’t. They should have aimed for discriminatory pricing, but they’ve instead eliminated all differential pricing, even when it’s not discriminatory.

What should come next, in my opinion — it is imperative to ensure that governmental resources are used to provide free access to the Internet. If you’ve taken away something that could have helped and said no, no, no, it’s not good for you, then you are under an obligation to provide a replacement.

OZY:

How do you think the larger political conversations going on in India right now seep into the debates about digital rights?

PP:

Many people think the largest divider is between those who are from a developing country or a developed country. I think the larger divide is between those who are politically skeptical of states — more libertarian — versus those who are more trusting of states and see states as having a role to play in Internet governance. How you think the poor in India should get Internet — should that be provided by government or by market mechanisms — well, your political philosophies will play a role. In India, one tends to find fewer free-market fundamentalists than one would meet in, say, San Francisco.

OZY:

I think, increasingly, post-Snowden in particular, people think of digital rights as human rights. Where do you see things going wrong on a rights front here in India?

PP:

Oh, wow … so many ways. In India we have a situation where, right now, more than 3,000 websites were blocked by the government, but no one knows what these sites are. No one knows whether they were blocked through mechanisms that ensure accountability. There is no transparency around any of these. And this is just the visible tip of the iceberg. And how do I know this? I sent a right-to-information request to the government and they gave me this answer. But beyond this, they put in place a few years ago a law which allows for websites and any kind of web content to be censored by anyone. And all they have to do is send a request to any “intermediary,” which could be anything from your ISP to your web host to your DNS provider.

OZY:

Wait, so what does that mean? I get annoyed at a site — where do I go to lodge my complaint?

PP:

All these websites are required by the law to appoint a particular person as a “grievance redressal officer.”

OZY:

What a title!

PP:

Yes … and there are more than 40 grounds for grievances that have been listed in the law, including things such as “causing harm to minors” and certain speech being “disparaging.” Now, I engage in disparaging speech at least 12 times a day. And that’s perfectly legal under Indian law!

OZY:

Eep. Any good news, though?

PP:

A case went all the way up to the Supreme Court, [involving a young woman named] Shreya Singhal. There was a section 66A, quite an odious provision, that allowed for any kind of “offensive” or “annoying” speech to cause that person to be put in prison for up to three years.

Two teenage girls in Maharashtra, upon the death of a politician, put out a comment on social media. The death had caused a bandh, a curfew of sorts in Mumbai, and done not officially by the government but by political party workers. One girl said on Facebook, sure, go ahead, respect this politician, but why inconvenience so many citizens? Her friend liked this. And a case was launched against them. Similarly, some cartoons by an anticorruption activist were challenged and he was imprisoned briefly and released on bail.

OZY:

It’s always the cartoonists.…

PP:

Yes, and one professor in Calcutta — for forwarding a cartoon, he was placed under this law too. Many cases of perfectly fine political speech were made illegal thanks to this law. Eventually, though, in a landmark decision, the Supreme Court struck down this law, and this is the first time in almost three decades that the Supreme Court has struck off an entire law for being unconstitutional.

But, yes. Mostly? It’s not been pretty.

For more details visit https://cis-india.org/internet-governance/news/ozy-february-19-2016-sanjena-sathian-why-internet-is-making-india-furious

Comments by the Centre for Internet and Society on the Report of the Committee on Medium Term Path on Financial Inclusion

vipul — 2016-03-01T13:53:38Z

Apart from item-specific suggestions, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

The Centre for Internet and Society (CIS) is a non-governmental organization which undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives.

In the course of its work CIS has also extensively researched and witten about the Aadhaar Scheme of the Government of India, specially from a privacy and technical point of view. CIS was part of the Group of Experts on Privacy constituted by the Planning Commission under the chairmanship of Justice AP Shah Committee and was instrumental in drafting a major part of the report of the Group. In this background CIS would like to mention that it is neither an expert on banking policy in general nor wishes to comment upon the purely banking related recommendations of the Committee. We would like to limit our recommendations to the areas in which we have some expertise and would therefore be commenting only on certain Recommendations of the Committee.

Before giving our individual comments on the relevant recommendations, CIS would like to make one broad comment with regard to the suggestions dealing with linking of Aadhaar numbers with bank accounts. Aadhaar is increasingly being used by the government in various departments as a means to prevent fraud, however there is a serious dearth of evidence to suggest that Aadhaar linkage actually prevents leakages in government schemes. The same argument would be applicable when Aadhaar numbers are sought to be utilized to prevent leakages in the banking sector.

Another problem with linking bank accounts with Aadhaar numbers, even if it is not mandatory, is that when the RBI issues an advisory to (optionally) link Aadhaar numbers with bank accounts, a number of banks may implement the advisory too strictly and refuse service to customers (especially marginal customers) whose bank accounts are not linked to their Aadhaar numbers, perhaps due to technical problems in the registration procedure, thereby denying those individuals access to the banking sector, which is contrary to the aims and objectives of the Committee and the stated policy of the RBI to improve access to banking.

Individual Comments

Recommendation 1.4 - Given the predominance of individual account holdings, the Committee recommends that a unique biometric identifier such as Aadhaar should be linked to each individual credit account and the information shared with credit information companies. This will not only be useful in identifying multiple accounts, but will also help in mitigating the overall indebtedness of individuals who are often lured into multiple borrowings without being aware of its consequences.

CIS Comment: The discussion of the committee before making this recommendation revolves around the total incidence of indebtedness in rural areas and their Debt-to-Asset ratio representing payment capacity. However, the committee has not discussed any evidence which indicates that borrowing from multiple banks leads to greater indebtedness for individual account holders in the rural sector. Without identifying the problem through evidence the Committee has suggested linking bank accounts with Aadhaar numbers as a solution.

Recommendation 2.2 - On the basis of cross-country evidence and our own experience, the Committee is of the view that to translate financial access into enhanced convenience and usage, there is a need for better utilization of the mobile banking facility and the maximum possible G2P payments, which would necessitate greater engagement by the government in the financial inclusion drive.

CIS Comment: The drafting of the recommendation suggests that RBI is batting for the DBT rather than the subsidy model. However an examination of the discussion in the report suggests that all that the Committee has not discussed or examined the subsidy model vis-à-vis the direct benefit transfer (DBT) model here (though it does recommend DBT in the chapter on G-2-P payments), but only is trying to say is that where government to people money transfer has to take place, it should take place using mobile banking, payment wallets or other such technologies, which have been known to be successful in various countries across the world.

Recommendation 3.1 - The Committee recommends that in order to increase formal credit supply to all agrarian segments, the digitization of land records should be taken up by the states on a priority basis.

Recommendation 3.2 - In order to ensure actual credit supply to the agricultural sector, the Committee recommends the introduction of Aadhaar-linked mechanism for Credit Eligibility Certificates. For example, in Andhra Pradesh, the revenue authorities issue Credit Eligibility Certificates to Tenant Farmers (under ‘Andhra Pradesh Land Licensed Cultivators Act No 18 of 2011'). Such tenancy /lease certificates, while protecting the owner’s rights, would enable landless cultivators to obtain loans. The Reserve Bank may accordingly modify its regulatory guidelines to banks to directly lend to tenants / lessees against such credit eligibility certificates.

CIS Comment: The Committee in its discussion before the recommendation 3.2 has discussed the problems faced by landless farmers, however there is no discussion or evidence which suggests that an Aadhaar linked Credit Eligibility Certificate is the best solution, or even a solution to the problem. The concern being expressed here is not with the system of a Credit Eligibility Certificate, but with the insistence on linking it to an Aadhaar number, and whether the system can be put in place without linking the same to an Aadhaar number.

Recommendation 6.11 - Keeping in view the indebtedness and rising delinquency, the Committee is of the view that the credit history of all SHG members would need to be created, linking it to individual Aadhaar numbers. This will ensure credit discipline and will also provide comfort to banks.

CIS Comment: There is no discussion in the Report on the reasons for increase in indebtedness of SHGs. While the recommendation of creating credit histories for SHGs is laudable and very welcome, however there is no logical reason that has been brought out in the Report as to why the same needs to be linked to individual Aadhaar numbers and how such linkage will solve any problems.

Recommendation 6.13 - The Committee recommends that bank credit to MFIs should be encouraged. The MFIs must provide credit information on their borrowers to credit bureaus through Aadhaar-linked unique identification of individual borrowers.

CIS Comment: Since the discussion before this recommendation clearly indicates multiple lending practices as one of the problems in the Microfinance sector and also suggests better credit information of borrowers as a possible solution, therefore this recommendation per se, seems sound. However, we would still like to point out that the RBI may think of alternative means to get borrower credit history rather than relying upon just the Aadhaar numbers.

Recommendation 7.3 - Considering the widespread availability of mobile phones across the country, the Committee recommends the use of application-based mobiles as PoS for creating necessary infrastructure to support the large number of new accounts and cards issued under the PMJDY. Initially, the FIF can be used to subsidize the associated costs. This will also help to address the issue of low availability of PoS compared to the number of merchant outlets in the country. Banks should encourage merchants across geographies to adopt such applicationbased mobile as a PoS through some focused education and PoS deployment drives.

Recommendation 7.5 - The Committee recommends that the National Payments Corporation of India (NPCI) should ensure faster development of a multi-lingual mobile application for customers who use non-smart phones, especially for users of NUUP; this will address the issue of linguistic diversity and thereby promote its popularization and quick adoption.

Recommendation 7.8 - The Committee recommends that pre-paid payment instrument (PPI) interoperability may be allowed for non-banks to facilitate ease of access to customers and promote wider spread of PPIs across the country. It should however require non-bank PPI operators to enhance their customer grievance redressal mechanism to deal with any issues thereof.

Recommendation 7.9 - The Committee is of the view that for non-bank PPIs, a small-value cashout may be permitted to incentivize usage with the necessary safeguards including adequate KYC and velocity checks.

CIS Comments: While CIS supports the effort to use technology and mobile phones to increase banking penetration and improve access to the formal financial sector for rural and semi-rural areas, sufficient security mechanisms should be put in place while rolling out these services keeping in mind the low levels of education and technical sophistication that are prevalent in rural and semi-rural areas.

Recommendation 8.1 - The Committee recommends that the deposit accounts of beneficiaries of government social payments, preferably all deposits accounts across banks, including the ‘inprinciple’ licensed payments banks and small finance banks, be seeded with Aadhaar in a timebound manner so as to create the necessary eco-system for cash transfer. This could be complemented with the necessary changes in the business correspondent (BC) system (see Chapter 6 for details) and increased adoption of mobile wallets to bridge the ‘last mile’ of service delivery in a cost-efficient manner at the convenience of the common person. This would also result in significant cost reductions for the government besides promoting financial inclusion.

CIS Comment: While the report of the Committee has already given several examples of how cash transfer directly into the bank accounts (rather than requiring the beneficiaries to be at a particular place at a particular time) could be more efficient as well as economical, the Committee is making the same point again here under the chapter that deals specifically with government to person payments. However even before this recommendation, there has been no discussion as to the need for linking or “seeding” the deposit accounts of the beneficiaries with Aadhaar numbers, let alone a discussion of how it would solve any problems.

Recommendation 10.6 - Given the focus on technology and the increasing number of customer complaints relating to debit/credit cards, the National Payments Corporation of India (NPCI) may be invited to SLBC meetings. They may particularly take up issues of Aadhaar-linkage in bank and payment accounts.

CIS Comment: There is no discussion on why this recommendation has been made, more particularly; there is no discussion at all on why issues of Aadhaar linkage in bank and payment accounts need to be taken up at all.

For more details visit https://cis-india.org/internet-governance/blog/comments-by-the-centre-for-internet-and-society-on-the-report-of-the-committee-on-medium-term-path-on-financial-inclusion

Why India snubbed Facebook's free Internet offer

praskrishna — 2016-02-27T07:49:08Z

The social media giant wanted to give the people of India free access to a chunk of the Internet, but the people weren't interested.

The blog post by Daniel Van Boom was published by Cnet on February 26, 2016. Sunil Abraham was quoted.

Mark Zuckerberg's ambitious mission to provide free Internet access to rural India was rejected by the people it was intended to help long before the country's regulators banned it earlier this month.

Around the country, farmers, labourers and office workers scorned Facebook's offer. Called Free Basics, it provided only limited access to the Internet through a suite of websites and services that, unsurprisingly, included Facebook. They felt the limited service didn't follow the open nature of the Internet, where all sites and online destinations should be equally accessible, so they organized real-world protests and an online Save The Internet campaign, with the message that Zuckerberg's efforts weren't welcome.

You might think people would jump at the opportunity to access Facebook for free, especially since more than a billion people use the social network every day. But it's that hitch -- that they can't access everything else -- which is precisely the problem, said Sunil Abraham, the executive director of the Centre for Internet and Society India. "Even if somebody spends 90 percent of their time on Facebook, that 10 percent is equally as important."

Indian regulators sided with popular opinion and cut off Free Basics in the world's second-most populous country on February 8. The ruling by the Telecom Regulatory Authority of India (TRAI) forbids all zero-rating plans, meaning anyone offering customers free access to only a limited set of services of sites are banned. It was championed as a victory for Net neutrality, the principle that everyone should have equal access to all content on the Internet.

The decision was undoubtedly a blow for Facebook, which says it wants to connect the billions of have-nots around the world to the Internet through the program. While more than half the world's online population uses Facebook each month, the company's efforts to connect with the developing world -- with Free Basics also being available in over 30 other countries, such as Kenya and Iraq -- could be a boon for business.

"[The Internet] must remain neutral for everyone, individuals and businesses alike. Everyone must have equal access to it," said Rajesh Sawhney, a Mumbai-based tech entrepreneur, in support of TRAI's decision to reject Free Basics. He believes the zero-rating scheme can be misused by telcos and other companies to create divisive ecosystems, where certain brands or companies are included and others aren't.

The package wasn't without its supporters though, with some being disappointed with the government's intervention in the marketplace.

"It is generally assumed that there is something sinister behind violations of Net neutrality...but that is not always true," says software engineer Shashank Mehra. "ISPs trying to match consumer demand isn't something sinister, it is a market process."

The social media giant further defends itself by pointing out that Free Basics is open to any and all developers, including competitors Twitter and Google, as long as they meet the program's technical standards. This evidently wasn't enough to convince much of India.

The problem persists

Facebook disputes claims that its interest in India is commercial, saying its efforts are humanitarian. In speeches over the past few months, Zuckerberg has painted Internet access as a tool for global good. "The research has shown on this that for every 10 people who get access to the internet, about one person gets a new job, and about one person gets lifted out of poverty," he said at a Townhall Q&A in Delhi last October. "Connecting things in India is one of the most important things we can do in the world."

Zuckerberg appears to have taken the loss in stride. During a keynote address at the Mobile World Conference in Barcelona earlier this week, he admitted to being disappointed by the ruling, but added, "We are going to focus on different programs [in India]...we want to work with all the operators there." A Facebook spokesperson said the company "will continue our efforts to eliminate barriers and give the unconnected an easier path to the Internet and the opportunity it brings."

Those ideals could certainly help in India, where around 68 percent of its population -- about 880 million people -- live in rural conditions or poverty. The promise of free access to health, education, local and national news through an Internet connection could potentially improve quality of live. So what's the problem?

The service providers would also be granting free Facebook.

Peggy Wolff, a volunteer coordinator at education NGO Isha Vidhya, says Facebook is just the latest in a long line of international companies hoping to crack rural India, where the bulk of the country's poor live.

While admitting that low cost or free Internet is imperative in rural areas, that "smart villages" are needed to help ease the human burden on India's increasingly overcrowded cities, she says, "Free basics is just a bit suspicious to most people. There's just too much vested interest."

"The big question." Sawhney says, "is how do we give fast and free Internet to a large section of society in India?"

There are alternatives. United States-based Jana, for instance, developed an Android app called mCent that allows its growing userbase of 30 million to earn data by downloading and using certain apps or watching advertisements from sponsors. Unlike Free Basics, that data can be expended on any online destination.

Jana's CEO Nathan Eagle, like Zuckerberg, says his mission is to bring Internet connectivity to the next billion people. "Today, Internet connectivity in emerging markets is much more an issue of affordability, rather than access," he explains. "1.3 billion people in emerging markets now have Android phones...it's the cost of data that is prohibitive."

For more details visit https://cis-india.org/internet-governance/news/why-india-snubbed-facebooks-free-internet-offer

Netizen Report: The EU Wrestles With Facebook Over Privacy

praskrishna — 2016-02-27T07:39:01Z

Global Voices Advocacy's Netizen Report offers an international snapshot of challenges, victories, and emerging trends in Internet rights around the world.

The blog post published in Global Voices on February 11, 2016 quotes Pranesh Prakash and Subhashish Panigrahi.

In the latest development in the negotiations between the United States and European Union over data transfer rules, Reuters reports France’s data protection authority gave Facebook three months to stop tracking non-users’ Web activity without their consent, and ordered Facebook to cease some transfers of personal data to the United States or face fines. In response, Facebook asserted it does not use the now-defunct Safe Harbor agreement to move data to the United States and instead has set up alternative legal structures to keep its data transfers in line with EU law. Despite this, Facebook was forced last year to stop tracking Belgian non-users after it was taken to court by the Belgian regulator. Last week, the United States and European Union agreed upon a new legal framework to replace Safe Harbor, but as it is not yet operational, several European data protection authorities are still deciding whether data transfers should be restricted.

Big Blow for Facebook’s Free Basics

Indian regulators officially banned “differential pricing”or discriminatory tariffs placed on data services depending on their content. This means that Internet users in India are guaranteed equal access to any website they want, regardless of how they connect to the Internet, ays Global Voices’ Subhashish Panigrahi. The decision is a particular blow to Facebook’s Free Basics application, which uses differential pricing mechanisms to make accessing Facebook, WhatsApp and a limited number of other websites free to users who do not pay for mobile data plans. Though Facebook promotes the program as a means to increasing digital access, it has come under backlash in India and a number of other countries. Internet policy expert Pranesh Prakash emphasizedthat though the ruling is a win for open access in India, these efforts must continue until India is truly and equally connected.

Google’s new scheme to combat online extremism

In an effort to combat groups like ISIS that recruit online, Google has launched apilot schemeto point users who search for extremist terms toward anti-radicalization links. It announced the new effort on February 2 at a meeting with the U.K. Home Affairs Select Committee on Countering Extremism. Representatives of Twitter and Facebook were also challenged by members of Parliament on their role in combatting the spread of terrorist material. Twitter announcedthat it had suspended 125,000 accounts associated with extremism since mid-2015 in response to pressure from the US government. However, as the New York Times’ Mike Isaac notes, “these companies must walk a fine line between bearing responsibility for their platforms and avoiding becoming the arbiter of what constitutes free speech.”

What’s going to happen to Ukraine’s database of ‘explicit content’?

The Ukrainian censorship body, National Expert Commission for Protection of Public Morality, dissolved last year, but its legacy lives on as a database of “explicit content” that no one in the government seems to know what to do with. The database includes a sizeable amount of content “containing elements of sexual nature and erotica,” but the commission was also well known for its attempt to ban Spongebob Squarepants, Shrek, and Teletubbies. Users have suggested the team responsible for dissolving the commission make the content more widely available, so they can see where taxpayers’ money went.

How to protect yourself from government hacking

Hacking human rights workers, journalists, and NGOs has become common practice for governments around the world, according to Amnesty International’s Morgan Marquis-Boire and Electronic Frontier Foundation’s Eva Galperin. In a post for Amnesty International, the two provide a brief history of government hacking and give suggestions for NGOs and human rights organizations to protect themselves.

Taking on Russia’s invasive surveillance

Two Russian Internet service providers are taking the Federal Security Service to court to challenge the surveillance system employed by Russian federal police to spy on Internet use. ISPs play a critical role in making surveillance possible, by installing expensive equipment that provides police access—making this case a significant affront to Russia’s invasive surveillance apparatus.

Telegram in Iran

Messaging app Telegram’s growing influence is being characterized as a major factor in the dissemination and spread of information leading up to Iran’s Feb. 26 parliamentary elections, but the platform’s susceptibility to state manipulation is also becoming more apparent. After the arrest of former BBC journalist Bahman Doroshafaei, the government took over his Telegram account and started to message his contacts. Some believe this was an effort to extract sensitive information or to distribute spyware. Fatemeh Shams, a friend of Doroshafaei, posted the following warning to her Facebook account:

Someone has been talking to me for two hours from Bahman's hacked Telegram account and now is chatting with my friends with my account..If anyone messaged you on Telegram [from my account] please ignore it. I've lost access to my account.

Mahsa Alimardani, Ellery Roberts Biddle, Hae-in Lim and Sarah Myers West contributed to this report.

For more details visit https://cis-india.org/internet-governance/news/global-voices-february-11-2016-netizen-report

‘A Good Day for the Internet Everywhere': India Bans Differential Data Pricing

subha — 2016-02-25T01:21:27Z

India distinguished itself as a global leader on network neutrality on February 8, when regulators officially banned “differential pricing”, a process through which telecommunications service providers could or charge discriminatory tariffs for data services offered based on content.

The article was published by Global Voices on February 9, 2016

In short, this means that Internet access in India will remain an open field, where users should be guaranteed equal access to any website they want to visit, regardless of how they connect to the Internet.

In their ruling, Telecommunication Regulatory Authority of India (TRAI) commented:

In India, given that a majority of the population are yet to be connected to the internet, allowing service providers to define the nature of access would be equivalent of letting TSPs shape the users’ internet experience.

#TRAIFreesInternet | Key take aways from TRAI’s ruling on Net Neutrality pic.twitter.com/xlFsLb3bZ6

— CNN-IBN News (@ibnlive) February 8, 2016

The decision of the Indian government has been welcomed largely in the country and outside. In support of the move, the World Wide Web Foundation's Renata Avila, also a Global Voices community member, wrote:

As the country with the second largest number of Internet users worldwide, this decision will resonate around the world. It follows a precedent set by Chile, the United States, and others which have adopted similar net neutrality safeguards. The message is clear: We can’t create a two-tier Internet – one for the haves, and one for the have-nots. We must connect everyone to the full potential of the open Web.

A blow for Facebook's “Free Basics”

While the new rules should long outlast this moment in India's Internet history, the ruling should immediately force Facebook to cancel the local deployment of “Free Basics”, a smart phone application that offers free access to Facebook, Facebook-owned products like WhatsApp, and a select suite of other websites for users who do not pay for mobile data plans.

Facebook's efforts to deploy and promote Free Basics as what they described as a remedy to India's lack of “digital equality” has encountered significant backlash. Last December, technology critic and Quartz writer Alice Truong reacted to Free Basics saying:

Zuckerberg almost portrays net neutrality as a first-world problem that doesn’t apply to India because having some service is better than no service.”

When TRAI solicited public comments on the matter of differential pricing, Facebook responded with an aggressive advertising campaign on bill boards and in television commercials across the nation. It also embedded a campaign inside Facebook, asking users to write to TRAI in support of Free Basics.

TRAI criticized Facebook for what it seemed to regard as manipulation of the public. Facebook was also heavily challenged by many policy and open Internet advocates including non-profits like the Free Software Movement of India and the Savetheinternet.in campaign. The latter two collectives strongly discouraged Free Basics by bringing public opinion where Savetheinternet.in alone facilitated a campaign in which citizens sent over 2.4 million emails to TRAI urging the agency to put a stop to differential pricing.

Alongside these efforts, 500 Indian startups including major ones like Cleartrip, Zomato, Practo, Paytm and Cleartax also wrote to India's prime minister Narendra Modi requesting continued support for net neutrality—on the Indian Republic Day January 26.

Stand-up comedians like Abish Mathew and groups like All India Bakchod and East India Comedy created humorous and informative videos explaining the regulatory debate and supporting net neutrality which went viral.

Had differential pricing been officially legalized, it would have adversely affected startups and content-based smaller companies, who most likely could never manage to pay higher prices to partner with service providers to make their service available for free. This would have paved the way for tech-giants like Facebook to capture the entire market. And this would be no small gain for a company like Facebook: India represents the world's largest market of Internet users after the US and China, where Facebook remains blocked.

The Internet responds

There have been mixed responses on social media, both supporting and opposing. Among open Internet advocates both in India and the US, the response was celebratory:

This order shows the power of citizen involvement in policymaking. Policymakers are forced to listen if citizens engage. #NetNeutrality

— Pranesh Prakash (@pranesh) February 8, 2016

I think this is not just a good day for the Internet in India. It's a good day for the Internet everywhere #TRAI #savetheinternet

— Anja Kovacs (@anjakovacs) February 8, 2016

India is now the global leader on #NetNeutrality. New rules are stronger than those in EU and US. https://t.co/D6g68k2xaI

— Josh Levy (@levjoy) February 8, 2016

There are also those like Panuganti Rajkiran who opposed the ruling:

A terrible decision.. The worst part here is the haves deciding for the have nots what they can have and what they cannot.

When you buy a car, it's fulfilment of aspiration. After that, the next guy who buys a car is just traffic. Let's regulate. #NetNeutrality

— Ramesh Srivats (@rameshsrivats) February 8, 2016

Soumya Manikkath says:

So all is not lost in the world, for the next two years at least. Do come back with a better plan, dear Facebook, and we'll rethink, of course.

The ruling leaves an open pathway for companies to offer consumers free access to the Internet, provided that this access is truly open and does not limit one's ability to browse any site of her choosing.

Bangalore-based Internet policy expert Pranesh Prakash noted that this work must continue until India is truly — and equally — connected:

The pro-#NetNeutrality campaign shouldn't rest until every poor family in India has full and free access to the Internet. #ZeroRating

— Pranesh Prakash (@pranesh) February 8, 2016

For more details visit https://cis-india.org/internet-governance/blog/global-voices-subhashish-panigrahi-february-9-2016-a-good-day-for-the-internet-everywhere

Net Neutrality Advocates Rejoice As TRAI Bans Differential Pricing

subha — 2016-02-23T02:10:42Z

India would not see any more Free Basics advertisements on billboards with images of farmers and common people explaining how much they benefited from this Facebook project.

The article by Subhashish Panigrahi was published by Odisha TV on February 9, 2016.

Because the Telecom Regulatory Authority of India (TRAI) has taken a historical step by banning differential pricing without discriminating services. In their notes TRAI has explained, “In India, given that a majority of the population are yet to be connected to the internet, allowing service providers to define the nature of access would be equivalent of letting TSPs shape the users’ internet experience.” Not just that, violation of this ban would cost Rs. 50,000 every day.

Facebook planned to launch Free Basics in India by making a few websites – mostly partners with Facebook—available for free. The company not just advertised aggressively on bill boards and commercials across the nation, it also embedded a campaign inside Facebook asking users to vote in support of Free Basics. TRAI criticized Facebook’s attempt to manipulate public opinion. Facebook was also heavily challenged by many policy and internet advocates including non-profits like Free Software Movement of India and Savetheinternet.in campaign. The two collectives strongly discouraged Free Basics by moulding public opinion against it with Savetheinternet.in alone used to send over 2.4 million emails to TRAI to disallow Free Basics. Furthermore, 500 Indian start-ups, including major names like Cleartrip, Zomato, Practo, Paytm and Cleartax, also wrote to India’s Prime Minister Narendra Modi requesting continued support for Net Neutrality – a concept that advocates equal treatment of websites – on Republic Day. Stand-up comedians like Abish Mathew and groups like All India Bakchod and East India Comedy created humorous but informative videos explaining the regulatory debate and supporting net neutrality. Both went viral.

Technology critic and Quartz writer Alice Truong reacted to Free Basics saying; “Zuckerberg almost portrays net neutrality as a first-world problem that doesn’t apply to India because having some service is better than no service.”

The decision of the Indian government has been largely welcomed in the country and outside. In support of the move, Web We Want programme manager at the World Wide Web Foundation Renata Avila has said; “As the country with the second largest number of Internet users worldwide, this decision will resonate around the world. It follows a precedent set by Chile, the United States, and others which have adopted similar net neutrality safeguards. The message is clear: We can’t create a two-tier Internet – one for the haves, and one for the have-nots. We must connect everyone to the full potential of the open Web.”

There are mixed responses on the social media, both in support and in opposition to the TRAI decision. Josh Levy, Advocacy Director at Accessnow, has appreciated saying, “India is now the global leader on #NetNeutrality. New rules are stronger than those in EU and US.”

Had differential pricing been allowed, it would have affected start-ups and content-based smaller companies adversely as they could never have managed to pay the high price to a partner service provider to make their service available for free. On the other hand, tech-giants like Facebook could have easily managed to capture the entire market. Since the inception, the Facebook-run non-profit Internet.org has run into a lot of controversies because of the hidden motive behind the claimed support for social cause.

For more details visit https://cis-india.org/internet-governance/blog/odisha-tv-february-9-2016-subhashish-panigrahi-net-neutrality-advocates-rejoice-as-trai-bans-differential-pricing

World Trends in Freedom of Expression and Media Development

pranesh — 2016-02-17T17:03:42Z

The United Nations Educational, Scientific and Cultural Organisation (UNESCO) had published a book in 2014 that examines free speech, expression and media development. The chapter contains a Foreword by Irina Bokova, Director General, UNESCO. Pranesh Prakash contributed to Independence: Introduction - Global Media Chapter. The book was edited by Courtney C. Radsch.

Foreword

Tectonic shifts in technology and economic models have vastly expanded the opportunities for press freedom and the safety of journalists, opening new avenues for freedom of expression for women and men across the world. Today, more and more people are able to produce, update and share information widely, within and across national borders. All of this is a blessing for creativity, exchange and dialogue.

At the same time, new threats are arising. In a context of rapid change, these are combining with older forms of restriction to pose challenges to freedom of expression, in the shape of controls not aligned with international standards for protection of freedom of expression and rising threats against journalists.

These developments raise issues that go to the heart of UNESCO’s mandate “to promote the flow of ideas by word and image” between all peoples, across the world. For UNESCO, freedom of expression is a fundamental human right that underpins all other civil liberties, that is vital for the rule of law and good governance, and that is a foundation for inclusive and open societies. Freedom of expression stands at the heart of media freedom and the practice of journalism as a form of expression aspiring to be in the public interest.

At the 36^th session of the General Conference (November 2011), Member States mandated UNESCO to explore the impact of change on press freedom and the safety of journalists. For this purpose, the Report has adopted four angles of analysis, drawing on the 1991 Windhoek Declaration, to review emerging trends through the conditions of media freedom, pluralism and independence, as well as the safety of journalists. At each level, the Report has also examined trends through the lens of gender equality.

The result is the portrait of change -- across the world, at all levels, featuring as much opportunity as challenge. The business of media is undergoing a revolution with the rise of digital networks, online platforms, internet intermediaries and social media. New actors are emerging, including citizen journalists, who are redrawing the boundaries of the media. At the same time, the Report shows that the traditional news institutions continue to be agenda-setters for media and public communications in general – even as they are also engaging with the digital revolution. The Report highlights also the mix of old and new challenges to media freedom, including increasing cases of threats against the safety of journalists.

The pace of change raises questions about how to foster freedom of expression across print, broadcast and internet media and how to ensure the safety of journalists. The Report draws on a rich array of research and is not prescriptive -- but it sends a clear message on the importance of freedom of expression and press freedom on all platforms.

To these ends, UNESCO is working across the board, across the world. This starts with global awareness raising and advocacy, including through World Press Freedom Day. It entails supporting countries in strengthening their legal and regulatory frameworks and in building capacity. It means standing up to call for justice every time a journalist is killed, to eliminate impunity. This is the importance of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, spearheaded by UNESCO and endorsed by the UN Chief Executives Board in April 2012. UNESCO is working with countries to take this plan forward on the ground. We also seek to better understand the challenges that are arising – most recently, through a Global Survey on Violence against Female Journalists, with the International News Safety Institute, the International Women’s Media Foundation, and the Austrian Government.

Respecting freedom of expression and media freedom is essential today, as we seek to build inclusive, knowledge societies and a more just and peaceful century ahead. I am confident that this Report will find a wide audience, in Member States, international and regional organizations, civil society and academia, as well as with the media and journalists, and I wish to thank Sweden for its support to this initiative. This is an important contribution to understanding a world in change, at a time when the international community is defining a new global sustainable development agenda, which must be underpinned and driven by human rights, with particular attention to freedom of expression.

Executive Summary

Freedom of expression in general, and media development in particular, are core to UNESCO’s constitutional mandate to advance ‘the mutual knowledge and understanding of peoples, through all means of mass communication’ and promoting ‘the free flow of ideas by word and image.’ For UNESCO, press freedom is a corollary of the general right to freedom of expression. Since 1991, the year of the seminal Windhoek Declaration, which was endorsed by the UN General Assembly, UNESCO has understood press freedom as designating the conditions of media freedom, pluralism and independence, as well as the safety of journalists. It is within this framework that this report examines progress as regards press freedom, including in regard to gender equality, and makes sense of the evolution of media actors, news media institutions and journalistic roles over time.

This report has been prepared on the basis of a summary report on the global state of press freedom and the safety of journalists, presented to the General Conference of UNESCO Member States in November 2013, on the mandate of the decision by Member States taken at the 36th session of the General Conference of the Organization.[*]

The overarching global trend with respect to media freedom, pluralism, independence and the safety of journalists over the past several years is that of disruption and change brought on by technology, and to a lesser extent, the global financial crisis. These trends have impacted traditional economic and organizational structures in the news media, legal and regulatory frameworks, journalism practices, and media consumption and production habits. Technological convergence has expanded the number of and access to media platforms as well as the potential for expression. It has enabled the emergence of citizen journalism and spaces for independent media, while at the same time fundamentally reconfiguring journalistic practices and the business of news.

The broad global patterns identified in this report are accompanied by extensive unevenness within the whole. The trends summarized above, therefore, go hand in hand with substantial variations between and within regions as well as countries.

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[*]. 37 C/INF.4 16 September 2013 “Information regarding the implementation of decisions of the governing bodies”. http://unesdoc.unesco.org/images/0022/002230/223097e.pdf; http://unesdoc.unesco.org/images/0022/002230/223097f.pdf

For more details visit https://cis-india.org/internet-governance/blog/unesco-world-trends-in-freedom-of-expression-and-media-development

Internet Freedom

Sunil Abraham and Vidushi Marda — 2016-02-15T02:51:10Z

The modern medium of the web is an open-sourced, democratic world in which equality is an ideal, which is why what is most important is Internet freedom.

The article by Sunil Abraham and Vidushi Marda was published by Asian Age on February 14, 2016.

What would have gone wrong if India’s telecom regulator Trai had decided to support programmes like Facebook’s Free Basics and Airtel’s Zero Rating instead of issuing the regulation that prohibits discriminatory tariffs? Here are possible scenarios to look at in case the discriminatory tarrifs were allowed as they are in some countries.

Possible impact on elections

Facebook would have continued to amass its product — eyeballs. Indian eyeballs would be more valuable than others for three reasons 1. Facebook would have an additional layer of surveillance thanks to the Free Basics proxy server which stores the time, the site url and data transferred for all the other destinations featured in the walled garden 2. As part of Digital India, most government entities will set up Facebook pages and a majority of the interaction with citizens would happen on the social media rather than the websites of government entities and, consequently, Facebook would know what is and what is not working in governance 3. Given the financial disincentive to leave the walled garden, the surveillance would be total.

What would this mean for democracies? Eight years ago, Facebook began to engineer the News Feed to show more posts of a user’s friends voting in order to influence voting behavior. It introduced the “I’m Voting” button into 61 million users’ feeds during the 2010 US presidential elections to increase voter turnout and found that this kind of social pressure caused people to vote. Facebook has also admitted to populating feeds with posts from friends with similar political views. During the 2012 Presidential elections, Facebook was able to increase voter turnout by altering 1.9 million news feeds.

Indian eyeballs may not be that lucrative in terms of advertising. But these users are extremely valuable to political parties and others interested in influencing elections. Facebook’s notifications to users when their friends signed on to the “Support Free Basics” campaign was configured so that you were informed more often than with other campaigns. In other words, Facebook is not just another player on their platform. Given that margins are often slim, would Facebook be tempted to try and install a government of its choice in India during the 2019 general elections?

In times of disasters

Most people defending Free Basics and defending forbearance as the regulatory response in 2015/16 make the argument that “95 per cent of Internet users in developing countries spend 95 per cent of their time on Facebook”.

This is not too far from the truth as LirneAsia demonstrated in 2012 with most people using Facebook in Indonesia not even knowing they were using the internet. In other words, they argue that regulators should ignore the fringe user and fringe usage and only focus on the mainstream. The cognitive bias they are appealing to is smaller numbers are less important.

Since all the sublime analogies in the Net Neutrality debate have been taken, forgive us for using the scatological. That is the same as arguing that since we spend only 5% of our day in toilets, only 5% of our home’s real estate should be devoted to them.

Everyone agrees that it is far easier to live in a house without a bedroom than a house without a toilet. Even extremely low probabilities or ‘Black Swan’ events can be terribly important! Imagine you are an Indian at the bottom of the pyramid. You cannot afford to pay for data on your phone and, as a result, you rarely and nervously stray out of the walled garden of Free Basics.

During a natural disaster you are able to use the Facebook Safety Check feature to mark yourself safe but the volunteers who are organising both offline and online rescue efforts are using a wider variety of platforms, tools and technologies.

Since you are unfamiliar with the rest of the Internet, you are ill equipped when you try to organise a rescue for you and your loved ones.

Content and carriage converge

Some people argue that TRAI should have stayed off the issue since the Competition Commission of India (CCI) is sufficient to tackle Net Neutrality harms. However it is unclear if predatory pricing by Reliance, which has only 9% market share, will cross the competition law threshold for market dominance? Interestingly, just before the Trai notification, the Ambani brothers signed a spectrum sharing pact and they have been sharing optic fibre since 2013.

Will a content sharing pact follow these carriage pacts? As media diversity researcher, Alam Srinivas, notes “If their plans succeed, their media empires will span across genres such as print, broadcasting, radio and digital. They will own the distribution chains such as cable, direct-to-home (DTH), optic fibre (terrestrial and undersea), telecom towers and multiplexes.”

What does this convergence vision of the Ambani brothers mean for media diversity in India? In the absence of net neutrality regulation could they use their dominance in broadcast media to reduce choice on the Internet? Could they use a non-neutral provisioning of the Internet to increase their dominance in broadcast media? When a single wire or the very same radio spectrum delivers radio, TV, games and Internet to your home — what under competition law will be considered a substitutable product? What would be the relevant market? At the Centre for Internet and Society (CI S), we argue that competition law principles with lower threshold should be applied to networked infrastructure through infrastructure specific non-discrimination regulations like the one that Trai just notified to protect digital media diversity.

Was an absolute prohibition the best response for TRAI? With only two possible exemptions — i.e. closed communication network and emergencies - the regulation is very clear and brief. However, as our colleague Pranesh Prakash has said, TRAI has over regulated and used a sledgehammer where a scalpel would have sufficed. In CIS’ official submission, we had recommended a series of tests in order to determine whether a particular type of zero rating should be allowed or forbidden. That test may be legally sophisticated; but as TRAI argues it is clear and simple rules that result in regulatory equity. A possible alternative to a complicated multi-part legal test is the leaky walled garden proposal. Remember, it is only in the case of very dangerous technologies where the harms are large scale and irreversible and an absolute prohibition based on the precautionary principle is merited.

However, as far as network neutrality harms go, it may be sufficient to insist that for every MB that is consumed within Free Basics, Reliance be mandated to provide a data top up of 3MB.

This would have three advantages. One, it would be easy to articulate in a brief regulation and therefore reduce the possibility of litigation. Two, it is easy for the consumer who is harmed to monitor the mitigation measure and last, based on empirical data, the regulator could increase or decrease the proportion of the mitigation measure.

This is an example of what Prof Christopher T. Marsden calls positive, forward-looking network neutrality regulation. Positive in the sense that instead of prohibitions and punitive measures, the emphasis is on obligations and forward-looking in the sense that no new technology and business model should be prohibited.

What is Net neutrality?

According to this principle, all service providers and governments should not discriminate between various data on the internet and consider all as one. They cannot give preference to one set of apps/ websites while restricting others.

2006: TRAI invites opinions regarding the regulation of net neutrality from various telecom industry bodies and stakeholdersFeb. 2012: Sunil Bharti Mittal, CEO of Bharti Airtel, suggests services like YouTube should pay an interconnect charge to network operators, saying that if telecom operators are building highways for data then there should be a tax on the highway
July 2012: Bharti Airtel’s Jagbir Singh suggests large Internet companies like Facebook and Google should share revenues with telecom companies.
August 2012: Data from M-Lab said You Broadband, Airtel, BSNL were throttling traffic of P2P services like BitTorrent
Feb. 2013: Killi Kiruparani, Minister for state for communications and technology says government will look into legality of VoIP services like Skype
June 2013: Airtel starts offering select Google services to cellular broadband users for free, fixing a ceiling of 1GB on the data
Feb. 2014: Airtel operations CEO Gopal Vittal says companies offering free messaging apps like Skype and WhatsApp should be regulated
August 2014: TRAI rejects proposal from telecom companies to make messaging application firms share part of their revenue with the carriers/government
Nov. 2014: Trai begins investigation on Airtel implementing preferential access with special packs for WhatsApp and Facebook at rates lower than standard data rates
Dec. 2014: Airtel launches 2G, 3G data packs with VoIP data excluded in the pack, later launches VoIP pack.
Feb. 2015: Facebook launches Internet.org with Reliance communications, aiming to provide free access to 38 websites through single app
March 2015: Trai publishes consultation paper on regulatory framework for over the top services, explaining what net neutrality in India will mean and its impact, invited public feedback
April 2015: Airtel launches Airtel Zero, a scheme where apps sign up with airtle to get their content displayed free across the network. Flipkart, which was in talks for the scheme, had to pull out after users started giving it poor rating after hearing about the news
April 2015: Ravi Shankar Prasad, Communication and information technology minister announces formation of a committee to study net neutrality issues in the country
23 April 2015: Many organisations under Free Software Movement of India protested in various parts of the country. In a counter measure, Cellular Operators Association of India launches campaign , saying its aim is to connect the unconnected citizens, demanding VoIP apps be treated as cellular operators
27 April 2015: Trai releases names and email addresses of users who responded to the consultation paper in millions. Anonymous India group, take down Trai’s website in retaliation, which the government could not confirm
Sept. 2015: Facebook rebrands Internet.org as Free Basics, launches in the country with massive ads across major newspapers in the country. Faces huge backlash from public
Feb. 2016: Trai rules in favour of net neutrality, barring telecom operators from charging different rates for data services.

The writers work at the Centre for Internet and Society, Bengaluru. CIS receives about $200,000 a year from WMF, the organisation behind Wikipedia, a site featured in Free Basics and zero-rated by many access providers across the world

For more details visit https://cis-india.org/internet-governance/blog/asian-age-february-14-2016-sunil-abraham-vidushi-marda-internet-freedom

Facebook’s Free Basics hits snag in India

praskrishna — 2016-02-15T02:33:26Z

Indian regulators have dealt a major blow to Facebook’s controversial Free Basics online access plan by forbidding so-called differential pricing by internet companies, in effect banning the programme in the country.

The article by James Crabtree with additional reporting by Tim Bradshaw was published in Financial Times on February 8, 2016. Pranesh Prakash was quoted.

Free Basics, a plan to make access to parts of the internet free, has been at the centre of a fierce row in the country between the social network and local start-ups and advocates for net neutrality — the idea that all web traffic should be treated equally and technology companies should not be allowed to price certain kinds of content differently from others.

Last December, the Telecom Regulatory Authority of India ordered Facebook to put its Free Basics programme on hold pending a review.

On Monday, Trai published the results of its deliberations, introducing a complete ban on any form of differential pricing.

The ruling is the latest in a series of regulatory battles pitting net neutrality campaigners against telecom and internet companies, and is likely to be viewed as a test case for other emerging markets in which programmes similar to Facebook’s are yet to be challenged in the courts.

It also marks the most significant setback yet for Free Basics, which Facebook founder Mark Zuckerberg launched in 2014 as the centrepiece of plans to help poorer people access the internet in emerging economies. It operates in more than 30 countries.

Facebook had launched a high-profile public campaign to defend its programme, which offered stripped-down access to sites such as BBC News or Facebook’s own app to customers of Reliance Communications, the US company’s local telecoms partner.

But critics attacked the programme as an attempt to become a gatekeeper for tens of millions of internet users.

In a post to his Facebook page on Monday, Mr Zuckerberg said the company “won’t give up on” finding new ways to boost internet access in India.

“While we’re disappointed with today’s decision, I want to personally communicate that we are committed to keep working to break down barriers to connectivity in India and around the world. Internet.org has many initiatives, and we will keep working until everyone has access to the internet,” he wrote.

Trai’s ruling was welcomed by anti-Facebook campaigners, a group that included the founders of many Indian start-ups including online retailers such as Flipkart, Paytm and restaurant search service Zomato, which had declined to offer their services as part of the Free Basics platform.

Analysts also hailed the Indian regulator’s ruling as a landmark. “This is the most broad and the most stringent set of regulations on differential pricing which exists anywhere in the world,” said Pranesh Prakash of the Bangalore-based Centre for Internet & Society, a think-tank.

India has become an increasingly important focus for the company’s global business, with the country becoming its second-largest market by users last year.

For more details visit https://cis-india.org/internet-governance/news/financial-times-february-8-2016-james-crabtree-facebooks-free-basics-hits-snag-in-india

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Download the paper: PDF.

Preface

CIS Papers

India's ‘Facebook ruling’ is another nail in the coffin of the MNO model

A disaster for MNOs, not Facebook

All internet will be free, not zero rated

Violence call key to 'sedition'

Why the Internet is Making India Furious

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Pranesh Prakash:

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Comments by the Centre for Internet and Society on the Report of the Committee on Medium Term Path on Financial Inclusion

Individual Comments

Why India snubbed Facebook's free Internet offer

The problem persists

Netizen Report: The EU Wrestles With Facebook Over Privacy

Big Blow for Facebook’s Free Basics

Google’s new scheme to combat online extremism

What’s going to happen to Ukraine’s database of ‘explicit content’?

How to protect yourself from government hacking

Taking on Russia’s invasive surveillance

Telegram in Iran

‘A Good Day for the Internet Everywhere': India Bans Differential Data Pricing

A blow for Facebook's “Free Basics”

The Internet responds

Net Neutrality Advocates Rejoice As TRAI Bans Differential Pricing

World Trends in Freedom of Expression and Media Development

Foreword

Executive Summary

Internet Freedom

Possible impact on elections

In times of disasters

Content and carriage converge

What is Net neutrality?

Facebook’s Free Basics hits snag in India