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Public Debate on 'Differential Pricing': Series 3

vidushi — 2016-01-28T13:53:12Z

The Centre for Internet and Society, in association with ICRIER and the Department of Civics and Politics, University of Mumbai, is pleased to announce “A Series of Public Debates on Differential Pricing” in the cities of Bangalore, Mumbai and New Delhi. The third public debate will be held at India Habitat Centre, Lodhi Road near Air Force Bal Bharti School, New Delhi on February 5, 2016.

In light of the recent consultation paper released by the Telecom Regulatory Authority of India (TRAI), the objective of these debates will be to deconstruct the issue of differential pricing through a discussion on the variety of views this subject has attracted. Speakers will also discuss possible implications of differential pricing policy on questions of access, diversity, competition and entrepreneurship.

Each debate will comprise three rounds. In the first round, speakers will present the body of their arguments over 10 minutes each. The second round will be a rebuttal round, with each speaker being given 5 minutes. The third and final round will see the floor being opened to the audience who will engage the speakers with comments and questions.

Download the Invite

For more details visit https://cis-india.org/internet-governance/events/public-debate-on-differential-pricing-series-3

Public Debate on 'Differential Pricing': Series 2

vidushi — 2016-01-28T13:51:06Z

The Centre for Internet and Society, in association with ICRIER and the Department of Civics and Politics, University of Mumbai, is pleased to announce “A Series of Public Debates on Differential Pricing” in the cities of Bangalore, Mumbai and New Delhi. The second public debate will be held at Pherozeshah Mehta Bhavan, Vidyanagari, Kalina, Mumbai on February 3, 2016.

Download the Invite

For more details visit https://cis-india.org/internet-governance/events/public-debate-on-differential-pricing-series-2

Public Debate on 'Differential Pricing': Series 1

vidushi — 2016-01-27T13:51:06Z

The Centre for Internet and Society, in association with ICRIER and the Department of Civics and Politics, University of Mumbai, is pleased to announce “A Series of Public Debates on Differential Pricing” in the cities of Bangalore, Mumbai and New Delhi. The first public debate will be held at the Centre for Internet & Society office in Bangalore on February 1, 2016.

Download the Invite

For more details visit https://cis-india.org/internet-governance/events/a-series-of-public-debates-on-differential-pricing-series-1

Transparency in Surveillance

vipul — 2016-01-23T15:11:18Z

Transparency is an essential need for any democracy to function effectively. It may not be the only requirement for the effective functioning of a democracy, but it is one of the most important principles which need to be adhered to in a democratic state.

Introduction

A democracy involves the state machinery being accountable to the citizens that it is supposed to serve, and for the citizens to be able to hold their state machinery accountable, they need accurate and adequate information regarding the activities of those that seek to govern them. However, in modern democracies it is often seen that those in governance often try to circumvent legal requirements of transparency and only pay lip service to this principle, while keeping their own functioning as opaque as possible.

This tendency to not give adequate information is very evident in the departments of the government which are concerned with surveillance, and merit can be found in the argument that all of the government's clandestine surveillance activities cannot be transparent otherwise they will cease to be "clandestine" and hence will be rendered ineffective. However, this argument is often misused as a shield by the government agencies to block the disclosure of all types of information about their activities, some of which may be essential to determine whether the current surveillance regime is working in an effective, ethical, and legal manner or not. It is this exploitation of the argument, which is often couched in the language of or coupled with concerns of national security, that this paper seeks to address while voicing the need for greater transparency in surveillance activities and structures.

In the first section the paper examines the need for transparency, and specifically deals with the requirement for transparency in surveillance. In the next part, the paper discusses the regulations governing telecom surveillance in India. The final part of the paper discusses possible steps that may be taken by the government in order to increase transparency in telecom surveillance while keeping in mind that the disclosure of such information should not make future surveillance ineffective.

Need for Transparency

In today's age where technology is all pervasive, the term "surveillance" has developed slightly sinister overtones, especially in the backdrop of the Edward Snowden fiasco. Indeed, there have been several independent scandals involving mass surveillance of people in general as well as illegal surveillance of specific individuals. The fear that the term surveillance now invokes, especially amongst those social and political activists who seek to challenge the status quo, is in part due to the secrecy surrounding the entire surveillance regime. Leaving aside what surveillance is carried out, upon whom, and when - the state actors are seldom willing and open to talk about how surveillance is carried out, how decisions regarding who and how to target, are reached, how agency budgets are allocated and spent, how effective surveillance actions were, etc. While there may be justified security based arguments to not disclose the full extent of the state's surveillance activities, however this cloak of secrecy may be used illegally and in an unauthorized manner to achieve ends more harmful to citizen rights than the maintenance of security and order in the society.

Surveillance and interception/collection of communications data can take place under different legal processes in different countries, ranging from court-ordered requests of specified data from telecommunications companies to broad executive requests sent under regimes or regulatory frameworks requiring the disclosure of information by telecom companies on a pro-active basis. However, it is an open secret that data collection often takes place without due process or under non-legal circumstances.

It is widely believed that transparency is a critical step towards the creation of mechanisms for increased accountability through which law enforcement and government agencies access communications data. It is the first step in the process of starting discussions and an informed public debate regarding how the state undertakes activities of surveillance, monitoring and interception of communications and data. Since 2010, a large number of ICT companies have begun to publish transparency reports on the extent that governments request their user data as well as requirements to remove content. However, governments themselves have not been very forthcoming in providing such detailed information on surveillance programs which is necessary for an informed debate on this issue.[1] Although some countries currently report limited information on their surveillance activities, e.g. the U.S. Department of Justice publishes an annual Wiretap Report (U.S. Courts, 2013a), and the United Kingdom publishes the Interception of Communications Commissioner Annual Report (May, 2013), which themselves do not present a complete picture, however even such limited measures are unheard of in a country such as India.

It is obvious that Governments can provide a greater level of transparency regarding the limits in place on the freedom of expression and privacy than transparency reports by individual companies. Company transparency reports can only illuminate the extent to which any one company receives requests and how that company responds to them. By contrast, government transparency reports can provide a much greater perspective on laws that can potentially restrict the freedom of expression or impact privacy by illustrating the full extent to which requests are made across the ICT industry. [2]

In India, the courts and the laws have traditionally recognized the need for transparency and derive it from the fundamental right to freedom of speech and expression guaranteed in our Constitution. This need coupled with a sustained campaign by various organizations finally fructified into the passage of the Right to Information Act, 2005, (RTI Act) which amongst other things also places an obligation on the sate to place its documents and records online so that the same may be freely available to the public. In light of this law guaranteeing the right to information, the citizens of India have the fundamental right to know what the Government is doing in their name. The free flow of information and ideas informs political growth and the freedom of speech and expression is the lifeblood of a healthy democracy, it acts as a safety valve. People are more ready to accept the decisions that go against them if they can in principle seem to influence them. The Supreme Court of India is of the view that the imparting of information about the working of the government on the one hand and its decision affecting the domestic and international trade and other activities on the other is necessary, and has imposed an obligation upon the authorities to disclose information.[3]

The Supreme Court, in Namit Sharma v. Union of India,[4] while discussing the importance of transparency and the right to information has held:

"The Right to Information was harnessed as a tool for promoting development; strengthening the democratic governance and effective delivery of socio-economic services. Acquisition of information and knowledge and its application have intense and pervasive impact on the process of taking informed decision, resulting in overall productivity gains .

……..

Government procedures and regulations shrouded in the veil of secrecy do not allow the litigants to know how their cases are being handled. They shy away from questioning the officers handling their cases because of the latters snobbish attitude. Right to information should be guaranteed and needs to be given real substance. In this regard, the Government must assume a major responsibility and mobilize skills to ensure flow of information to citizens. The traditional insistence on secrecy should be discarded."

Although these statements were made in the context of the RTI Act the principle which they try to illustrate can be understood as equally applicable to the field of state sponsored surveillance. Though Indian intelligence agencies are exempt from the RTI Act, it can be used to provide limited insight into the scope of governmental surveillance. This was demonstrated by the Software Freedom Law Centre, who discovered via RTI requests that approximately 7,500 - 9,000 interception orders are sent on a monthly basis.[5]

While it is true that transparency alone will not be able to eliminate the barriers to freedom of expression or harm to privacy resulting from overly broad surveillance,, transparency provides a window into the scope of current practices and additional measures are needed such as oversight and mechanisms for redress in cases of unlawful surveillance. Transparency offers a necessary first step, a foundation on which to examine current practices and contribute to a debate on human security and freedom.[6]

It is no secret that the current framework of surveillance in India is rife with malpractices of mass surveillance and instances of illegal surveillance. There have been a number of instances of illegal and/or unathorised surveillance in the past, the most scandalous and thus most well known is the incident where a woman IAS officer was placed under surveillance at the behest of Mr. Amit Shah who is currently the president of the ruling party in India purportedly on the instructions of the current prime minister Mr. Narendra Modi.[7] There are also a number of instances of private individuals indulging in illegal interception and surveillance; in the year 2005, it was reported that Anurag Singh, a private detective, along with some associates, intercepted the telephonic conversations of former Samajwadi Party leader Amar Singh. They allegedly contacted political leaders and media houses for selling the tapped telephonic conversation records. The interception was allegedly carried out by stealing the genuine government letters and forging and fabricating them to obtain permission to tap Amar Singh's telephonic conversations. [8] The same individual was also implicated for tapping the telephone of the current finance minister Mr. Arun Jaitely.[9]

It is therefore obvious that the status quo with regard to the surveillance mechanism in India needs to change, but this change has to be brought about in a manner so as to make state surveillance more accountable without compromising its effectiveness and addressing legitimate security concerns. Such changes cannot be brought about without an informed debate involving all stakeholders and actors associated with surveillance, however the basic minimum requirement for an "informed" debate is accurate and sufficient information about the subject matter of the debate. This information is severely lacking in the public domain when it comes to state surveillance activities - with most data points about state surveillance coming from news items or leaked information. Unless the state becomes more transparent and gives information about its surveillance activities and processes, an informed debate to challenge and strengthen the status quo for the betterment of all parties cannot be started.

Current State of Affairs

Surveillance laws in India are extremely varied and have been in existence since the colonial times, remnants of which are still being utilized by the various State Police forces. However in this age of technology the most important tools for surveillance exist in the digital space and it is for this reason that this paper shall focus on an analysis of surveillance through interception of telecommunications traffic, whether by tracking voice calls or data. The interception of telecommunications actually takes place under two different statutes, the Telegraph Act, 1885 (which deals with interception of calls) as well as the Information Technology Act, 2000 (which deals with interception of data).

Currently, the telecom surveillance is done as per the procedure prescribed in the Rules under the relevant sections of the two statutes mentioned above, viz. Rule 419A of the Telegraph Rules, 1951 for surveillance under the Telegraph Act, 1885 and the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 for surveillance under the Information Technology Act, 2000. These Rules put in place various checks and balances and try to ensure that there is a paper trail for every interception request. [10] The assumption is that the generation of a paper trail would reduce the number of unauthorized interception orders thus ensuring that the powers of interception are not misused. However, even though these checks and balances exist on paper as provided in the laws, there is not enough information in the public domain regarding the entire mechanism of interception for anyone to make a judgment on whether the system is working or not.

As mentioned earlier, currently the only sources of information on interception that are available in the public domain are through news reports and a handful of RTI requests which have been filed by various activists.[11] The only other institutionalized source of information on surveillance in India is the various transparency reports brought out by companies such as Google, Yahoo, Facebook, etc.

Indeed, Google was the first major corporation to publish a transparency report in 2010 and has been updating its report ever since. The latest data that is available for Google is for the period between January, 2015 to June, 2015 and in that period Google and Youtube together received 3,087 requests for data which asked for information on 4,829 user accounts from the Indian Government. Out of these requests Google only supplied information for 44% of the requests.[12] Although Google claims that they "review each request to make sure that it complies with both the spirit and the letter of the law, and we may refuse to produce information or try to narrow the request in some cases", it is not clear why Google rejected 56% of the requests. It may also be noted that the number of requests for information that Google received from India were the fifth highest amongst all the other countries on which information was given in the Transparency Report, after USA, Germany, France and the U.K.

Facebook's transparency report for the period between January, 2015 to June, 2015 reveals that Facebook received 5,115 requests from the Indian Government for 6,268 user accounts, out of which Facebook produced data in 45.32% of the cases.[13] Facebook's transparency report claims that they respond to requests relating to criminal cases and "Each and every request we receive is checked for legal sufficiency and we reject or require greater specificity on requests that are overly broad or vague." However, even in Facebook's transparency report it is unclear why 55.68% of the requests were rejected.

The Yahoo transparency report also gives data from the period between January 1, 2015 to June 30, 2015 and reveals that Yahoo received 831 requests for data, which related to 1,184 user accounts from the Indian Government. The Yahoo report is a little more detailed and also reveals that 360 of the 831 requests were rejected by Yahoo, however no details are given as to why the requests were rejected. The report also specifies that in 63 cases, no data was found by Yahoo, in 249 cases only non content data[14] was disclosed while in 159 cases content [15] was disclosed. The Yahoo report also claims that "We carefully scrutinize each request to make sure that it complies with the law, and we push back on those requests that don't satisfy our rigorous standards."

While the Vodafone Transparency Report gives information regarding government requests for data in other jurisdictions, [16] it does not give any information on government requests in India. This is because Vodafone interprets the provisions contained in Rule 25(4) of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 (Interception Rules) and Rule 11 of the IT (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009 as well as Rule 419A(19) of the Indian Telegraph Rules, 1954 which require service providers to maintain confidentiality/secrecy in matters relating to interception, as being a legal prohibition on Vodafone to reveal such information.

Apart from the four major companies discussed above, there are a large number of private corporations which have published transparency reports in order to acquire a sense of trustworthiness amongst their customers. Infact, the Ranking Digital Rights Project has been involved in ranking some of the biggest companies in the world on their commitment to accountability and has brought out the Ranking Digital Rights 2015 Corporate Accountability Index that has analysed a representative group of 16 companies "that collectively hold the power to shape the digital lives of billions of people across the globe".

Suggestions on Transparency

It is clear from the discussions above, as well as a general overview of various news reports on the subject, that telecom surveillance in India is shrouded in secrecy and it appears that a large amount of illegal and unauthorized surveillance is taking place behind the protection of this veil of secrecy. If the status quo continues, then it is unlikely that any meaningful reforms would take place to bring about greater accountability in the area of telecom surveillance. It is imperative, for any sort of changes towards greater accountability to take place, that we have enough information about what exactly is happening and for that we need greater transparency since transparency is the first step towards greater accountability.

Transparency Reports

In very simplistic terms transparency, in anything, can best be achieved by providing as much information about that thing as possible so that there are no secrets left. However, it would be naïve to say that all information about interception activities can be made public on the altar of the principle of transparency, but that does not mean that there should be no information at all on interception. One of the internationally accepted methods of bringing about transparency in interception mechanisms, which is increasingly being adopted by both the private sector as well as governments, is to publish Transparency Reports giving various details of interception while keeping security concerns in mind. The two types of transparency reports that we require in India and what that would entail is briefly discussed below:

By the Government

The problem with India's current regime for interception is that the entire mechanism appears more or less adequate on paper with enough checks and balances involved in it to prevent misuse of the allotted powers. However, because the entire process is veiled in secrecy, nobody knows exactly how good or how rotten the system has become and whether it is working to achieve its intended purposes. It is clear that the current system of interception and surveillance being followed by the government has some flaws, as can be gathered from the frequent news articles which talk about incidents of illegal surveillance. However, without any other official or more reliable sources of information regarding surveillance activities these anecdotal pieces of evidence are all we have to shape the debate regarding surveillance in India. It is only logical then that the debate around surveillance, which is informed by such sketchy and unreliable news reports will automatically be biased against the current mechanism since the newspapers would also only be interested in reporting the scandalous and the extraordinary incidents. For example, some argue that the government undertakes mass surveillance, while others argue that India only carries out targeted surveillance, but there is not enough information publicly available for a third party to support or argue against either claim. It is therefore necessary and highly recommended that the government start releasing a transparency report such as the one's brought out by the United States and the UK as mentioned above.

There is no need for a separate department or authority just to make the transparency report and this task could probably be performed in-house by any department, but considering the sector involved, it would perhaps be best if the Department of Telecommunications is given the responsibility to bring out a transparency report. These transparency reports should contain certain minimum amount of data for them to be an effective tool in informing the public discourse and debate regarding surveillance and interception. The report needs to strike a balance between providing enough information so that an informed analysis can be made of the effectiveness of the surveillance regime without providing so much information so as to make the surveillance activities ineffective. Below is a list of suggestions as to what kind of data/information such reports should contain:

Reports should contain data regarding the number of interception orders that have been passed. This statistic would be extremely useful in determining how elaborate and how frequently the state indulges in interception activities. This information would be easily available since all interception orders have to be sent to the Review Committee set up under Rule 419A of the Telegraph Rules, 1954.
The Report should contain information on the procedural aspects of surveillance including the delegation of powers to different authorities and individuals, information on new surveillance schemes, etc. This information would also be available with the Ministry of Home Affairs since it is a Secretary or Joint Secretary level officer in the said Ministry which is supposed to authorize every order for interception.
The report should contain an aggregated list of reasons given by the authorities for ordering interception. This information would reveal whether the authorities are actually ensuring legal justification before issuing interception or are they just paying lip service to the rules to ensure a proper paper trail. Since every order of interception has to be in writing, the main reasons for interception can easily be gleaned from a perusal of the orders.
It should also reveal the percentage of cases where interception has actually found evidence of culpability or been successful in prevention of criminal activities. This one statistic would itself give a very good review of the effectiveness of the interception regime. Granted that this information may not be very easily obtainable, but it can be obtained with proper coordination with the police and other law enforcement agencies.
The report should also reveal the percentage of order that have been struck down by the Review Committee as not following the process envisaged under the various Rules. This would give a sense of how often the Rules are being flouted while issuing interception orders. This information can easily be obtained from the papers and minutes of the meetings of the Review Committee.
The report should also state the number of times the Review Committee has met in the period being reported upon. The Review Committee is an important check on the misuse of powers by the authorities and therefore it is important that the Review Committee carries out its activities in a diligent manner.

It may be noted here that some provisions of the Telegraph Rules, 1954 especially sub-Rules 17 and 18 of Rule 419A as well as Rules 22, 23(1) and 25 of the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009 may need to be amended so as to make them compliant with the reporting mechanism proposed above.

By the Private Sector

We have already discussed above the transparency reports published by certain private companies. Suffice it to say that reports from private companies should give as much of the information discussed under government reports as possible and/or applicable, since they may not have a large amount of the information that is sought to be published in the government reports such as whether the interception was successful, the reasons for interception, etc. It is important to have ISPs provide such transparency reports as this will provide two different data points for information on interception and the very existence of these private reports may act as a check to ensure the veracity of the government transparency reports.

As in the case of government reports, for the transparency reports of the private sector to be effective, certain provisions of the Telegraph Rules, 1954 and the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009, viz. sub-Rules 14, 15 and 19 of Rule 419A of the Telegraph Rules, 1954 and Rules 20, 21, 23(1) and 25 of the Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules, 2009.

Overhaul of the Review Committee

The Review Committee which acts as a check on the misuse of powers by the competent authorities is a very important cog in the entire process. However, it is staffed entirely by the executive and does not have any members of any other background. Whilst it is probably impractical to have civilian members in the Review Committee which has access to potentially sensitive information, it is extremely essential that the Committee has wider representation from other sectors specially the judiciary. One or two members from the judiciary on the Review Committee would provide a greater check on the workings of the Committee as this would bring in representation from the judicial arm of the State so that the Review Committee does not remain a body manned purely by the executive branch. This could go some ways to ensure that the Committee does not just "rubber stamp" the orders of interception issued by the various competent authorities.

Conclusion

It is not in dispute that there is a need for greater transparency in the government's surveillance activities in order to address the problems associated with illegal and unauthorised interceptions. This paper is not making the case that greater transparency in and by itself will be able to solve the problems that may be associated with the government's currency interception and surveillance regime, however it is not possible to address any problem unless we know the real extent of it. It is essential for an informed debate and discussion that the people participating in the discussion are "informed", i.e. they should have accurate and adequate information regarding the issues which are being discussed. The current state of the debate on interception is rife with individuals using illustrative and anecdotal evidence which, in the absence of any other evidence, they assume to be the norm.

A more transparent and forthcoming state machinery which regularly keeps its citizens abreast of the state of its surveillance regime would be likely to get better suggestions and perhaps less criticisms if it does come out that the checks and balances imposed in the regulations are actually making a difference to check unauthorized interceptions, and if not, then it is the right of the citizens to know about this and ask for reforms.

[1] James Losey, "Surveillance of Communications: A Legitimization Crisis and the Need for Transparency", International Journal of Communication 9(2015), Feature 3450-3459, 2015.

[2] Id.

[3] Namit Sharma v. Union of India, http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=39566.

[4] http://www.judis.nic.in/supremecourt/imgs1.aspx?filename=39566 . Although the judgment was overturned on review, however this observation quoted above would still hold as it has not been specifically overturned.

[5] http://sflc.in/wp-content/uploads/2014/09/SFLC-FINAL-SURVEILLANCE-REPORT.pdf .

[6] James Losey, "Surveillance of Communications: A Legitimization Crisis and the Need for Transparency", International Journal of Communication 9 (2015), Feature 3450-3459, 2015.

[7] http://gulail.com/the-stalkers/ .

[8] http://timesofindia.indiatimes.com/india/Amar-Singh-phone-tap-accused-tracked-Arun-Jaitleys-mobile/articleshow/18582508.cms .

[9] http://ibnlive.in.com/news/arun-jaitley-phonetapping-case-all-accused-get-bail/394997-37-64.html .

[10] For a detailed discussion of the Rules of interception please see Policy Paper on Surveillance in India, by Vipul Kharbanda, http://cis-india.org/internet-governance/blog/policy-paper-on-surveillance-in-india .

[11] As an example please see http://cis-india.org/internet-governance/resources/rti-on-officials-and-agencies-authorized-to-intercept-telephone-messages-in-india .

[12] https://www.google.com/transparencyreport/userdatarequests/countries/ .

[13] https://govtrequests.facebook.com/country/India/2015-H1/ .

[14] Non-content data (NCD) such as basic subscriber information including the information captured at the time of registration such as an alternate e-mail address, name, location, and IP address, login details, billing information, and other transactional information (e.g., "to," "from," and "date" fields from email headers).

[15] Data that users create, communicate, and store on or through Yahoo. This could include words in a communication (e.g., Mail or Messenger), photos on Flickr, files uploaded, Yahoo Address Book entries, Yahoo Calendar event details, thoughts recorded in Yahoo Notepad or comments or posts on Yahoo Answers or any other Yahoo property.

[16] https://www.vodafone.com/content/sustainabilityreport/2014/index/operating_responsibly/privacy_and_security/law_enforcement/country_by_country.html .

For more details visit https://cis-india.org/internet-governance/blog/transparency-in-surveillance

Why Indians are turning down Facebook's free internet

praskrishna — 2016-01-17T16:25:10Z

Imagine a billion of the world’s poorest gaining overnight access to health information, education, and professional help — for free. Add to this one rich man who wants to make that dream a reality.

The article by Nimisha Jaiswal was published in the Global Post on January 13, 2016. Sunil Abraham was quoted.

That’s the invitation that Facebook has sent to India. Many there, however, are rejecting such benevolence.

Facebook has introduced its Free Basics project in 36 countries. The company claims that the app acts as a stepping-stone to the internet for those who are otherwise without access, by providing them with a few essential sites — or “basics” — to get started.

“We know that when people have access to the internet they also get access to jobs, education, healthcare, communication… We know that for India to make progress, more than 1 billion people need to be connected to the internet,” wrote Facebook CEO Mark Zuckerberg in a recent op-ed for a major Indian newspaper. “Free Basics is a bridge to the full internet and digital equality.”

However, net neutrality researchers and activists in India define it quite differently.

“Free Basics is a zero-rated walled garden that gives users a tiny subset of the world wide web,” Sunil Abraham, executive director of the Bengaluru-based Centre for Internet and Society, told GlobalPost.

The Free Basics app is part of Facebook’s Internet.org, a “zero-rating” internet service that provides limited access for no charge to the consumer. The original Internet.org was heavily criticized in India for violating net neutrality, the principle that all content on the web should be accessible to consumers at the same speed, without discrimination by providers.

Last spring, as part of a homegrown Save The Internet movement, over 1 million people wrote to the Telecom Regulatory Authority of India (TRAI) to protest services that disrupt net neutrality by providing only a small fraction of the internet to their users.

India’s Department of Telecommunications has already recommended that such platforms be disallowed. Before it makes its own recommendations this month, the TRAI asked concerned citizens for another round of input on zero-rating apps. The criticism has been so loud that, at the end of December, Free Basics’ local telecom partner was ordered to take the service down until a decision is reached.

Though Free Basics does not require payment from the websites it shares, Facebook’s competitors are unlikely to participate and provide user data to their rivals. And while there are currently no advertisements on Free Basics, Facebook reserves the right to introduce them in the future to garner revenue from their “walled-in” clients.

According to Abraham, such a platform harms free speech, privacy, innovation and diversity by adding another layer of surveillance and “censoring” the internet.

Mahesh Murthy, a venture capitalist who is part of India’s Save The Internet movement, puts it more bluntly.

“What Facebook wants is our less fortunate brothers and sisters should be able to poke each other and play Candy Crush, but not be able to look up a fact on Google, or learn something on Khan Academy, or sell their produce on a commodity market, or even search for a job on [Indian recruitment website] Naukri,” said Murthy.

Zuckerberg and Facebook’s India team have vigorously rebutted net neutrality activists in India, including Murthy, challenging their criticism of Free Basics and accusing activists of deliberately trying to prevent the masses from gaining internet access.

“Critics of the program continue to spread false claims — even if that means leaving behind a billion people,” wrote Zuckerberg in his Times of India op-ed.

According to Abraham, this is a misleading assertion. “They are falsely framing the debate, they are making it look like we have only two choices,” he told GlobalPost. “The choice is not between less people on the internet and unregulated [Free Basics].”

Several alternatives are being proposed. Abraham does not advocate a complete ban on Free Basics, instead suggesting a “leaky” walled garden where users would be given 100 MB of full internet access for every 100 MB of Free Basics consumed.

The Save the Internet campaign, however, wants Free Basics barred altogether. It proposes returning to previously implemented schemes like providing data on the purchase of a phone, or letting users access the full internet after watching an ad. The Universal Service Obligation Fund, set up by the Department of Telecommunications to provide affordable communication technology in rural areas, could also be used to finance free data packs.

While Facebook could potentially contribute to such funds to promote its connectivity goals, the millions of dollars it has spent loudly defending Free Basics in India suggest that the company is deeply attached to its own scheme.

Facebook has claimed that “more than four in five Indians support Free Basics,” according to a survey that it paid for. Indian users of the social network have received notifications encouraging them to send a template letter to the regulator in support of Free Basics. Even users in the US were “accidentally” notified to add their backing to the Indian campaign.

Some of the company's critics suggest that it is driven less by philanthropy, more by guaranteeing itself a stream of new users.

Murthy points out that a large number of the world’s population not yet on the internet are in India and China — and Facebook is banned in China. “So who becomes essential to Mark Zuckerberg’s balance sheet? Enter us Indians.”

While Indian activists agree that connectivity is an important goal, they insist that Free Basics in its current form is not the solution or even the only option right now. All it does is whets the appetite of the consumer, according to Abraham.

“You can compare Free Basics to when you go through the mall: You see the people selling cookies, and the aroma fills the whole mall,” he said. “That’s what Free Basics does — it gets you interested in the cookie. But it doesn’t solve the affordability question.”

For more details visit https://cis-india.org/internet-governance/news/global-post-nimisha-jaiswal-why-indians-are-turning-down-facebook-free-internet

A billion mobile users: new startup profiles and innovation insights from Mobile India 2016

praskrishna — 2016-01-17T15:13:42Z

The annual Mobile India conference, for which YourStory was the media partner, wrapped up recently in Bengaluru with a startup showcase and a wide range of insights on mobile innovation in India.

The blog post by Sneha Maselkar and Madanmohan Rao was first published in Your Story on January 14, 2016. Sunil Abraham was quoted.

Chaired by professors V. Sridhar of IIIT Bangalore and D. Manjunath of IIT Bombay, the event’s theme was ‘The App Economy.’ (See YourStory coverage of the earlier editions of this conference: 2015, 2014 and 2013).

Mobile innovators

New products were presented by innovators like Pravin Bhagwat, Founder and Chief Technology Officer, AirTight Networks. The company is creating an app store based on ‘social WiFi,’ riding on Google+ and Facebook. A number of interesting startups like IoTM2MSolutions were also at the event. Founded by Ismail Zabihullahh in 2009, the 15-member team has a range of offerings in home automation, RFID biometrics, street lighting and smart parking solutions.

Inaccel is a med-tech accelerator founded in 2014 by Siraj Dhanani, Vijayarajan and Dr. Jagish Chaturvedi. It address the needs, resource and skill gaps, and price-sensitivity of clinical markets, and helps startups conceptualise, design, engineer, and achieve regulatory certification. Its portfolio picks companies with a five-year horizon, in exchange for equity stakes.

Dataglen was formed in 2014 by Deva P. Seetharam, Tanuja Ganu, Sunil Ghai and Rajesh Kunnath. It provides Internet of Things (IoT) data collection and management services, and provides an API for users to develop applications on a variety of computing platforms. The startup charges for data management services based on the volume of transactions and for any required customisation services.

Czar Securities was founded in August 2013 by Shikhil Sharma and Ananda Krishna. Two employees Deepankar Tyagi and Nakul Gulati joined in quick succession. The cyber security solutions company secures corporate IT infrastructure from cyber attacks. Offerings include ASTRA, an intrusion prevention system, as well as penetration testing and security audit services.

Infilect was founded in April 2015 by Vijay Gabale and Anand Prabhu Subramanian. They are building an AI-enabled personalised fashion shopping assistant. The product, Photolect, helps in discovery, search and personalisation for online shoppers by parsing of photos. The product is in beta-test mode with several fashion experts evaluating its features.

Sattva Medtech was founded in 2014 by Vibhav Joshi and Sumedh Kaulgud. They are developing a next-generation fetal health monitoring device which leverages advanced sensors and algorithms. This device, called the Sattva Fetal Lite, has been designed and engineered for use in India and other low-and-mid-income countries; the team has raised an undisclosed amount in seed funding from InnAccel.

Coeo Labs was founded in October 2014 by Nitesh Kumar Jangir and Nachiket Deval. It is a medical device company, developing products in the field of emergency and critical care. Offerings include a device to reduce chances of acquiring ventilator-associated pneumonia (VAP), and a mechanical CPAP machine (mCPAP) for transport of neonates with troubled breathing, from a resource-constrained setting to a neonatal ICU.

IoT scenarios

Over a dozen experts from India and the US discussed the latest mobile trends in a day of packed panel sessions and keynotes. Interface design, usable security and systems integration are key success factors for IoT, according to Henning Schulzrinne, Professor at Columbia University, and CTO, United States Federal Communications Commission. Consumer and industrial IoT scenarios differ with respect to predictability, redundancy, energy consumption and interoperability.

He pointed out categories and uses cases of high IoT impacts: automation of manual data extraction (metering), remote maintenance (vending machines), extraction of additional information (thermostats) and software-defined mechanics (locks, switches).

“IoT networks won’t operate just on mobile carriers, but also on other networks such as Zigbee and Bluetooth,” Henning explained. The Internet itself will be transformed by IoT. “Protocols matter, programmability matters more,” he added. The Internet is becoming more than the Internet protocol; plug-and-play is becoming augmented by plug-and-programme in the IoT world.

The ‘DNA’ of apps

The proliferation of apps can lead to the rise of localised app stores in local languages, said Chinnu Senthilkumar, CTO, Exfinity Ventures, pointing to Korea as an example in this regard. “Many apps are local. How well do you know the digital literacy of your neighbourhood users,” he asked.

Most apps in India are of the ‘me-too’ type; developers need to incorporate better user experience (UX) and bring in more cross-disciplinary experience (see earlier insights from the UX India 2015 conference and NASSCOM NPC 2015). “Security is still an afterthought in app development,” cautioned Chinnu.

“You need to figure out the DNA of the mobile experience: Device, Network, App,” explained Amar Nagaram, Director, Mobile Engineering, Flipkart. The e-commerce giant classifies devices into four broad categories, and its app design factors in the app size, data stored on the device, and computational power of the device.

Battery requirements of the device and packet drop rates on mobile networks are major constraints on app performance in India. Online shopping lets users interact with catalogues as well as product experts.

“I had to unlearn a lot of things from the Internet world which may not apply in a similar manner to the app world. For example, not all older versions of apps need to be supported,” explained Amar.

“Ask yourself, what does your app do for consumers?” advised Pradeep Nair, Co-Founder and CEO, Confianzys. Developers should be looking not at product-market fit, but market-product fit. “Industries die because of their myopia; they focus on past products and not future consumer needs,” he said, urging developers to track-long term megatrends as well.

Telcos’ role in the App Economy

The telecommunications world is changing rapidly due to trends like IoT, new breeds of apps, video boom and Big Data, observed Ishwardutt Parulkar, Cisco Distinguished Engineer. Telcos are struggling to get new drivers for existing services, new revenue sources, and new sources of consumer loyalty.

“Telcos need to provide APIs to developers for embedding telco services and network analytics data. Telcos can also play a bigger role in mobile advertising, for example network-wide ad blocking, as in the case of Jamaica,” advised Ishwardutt. Telcos can exploit synergy with cloud services, and resell SaaS products bundled with telco products.

“We are witnessing major waves of disruptive innovation today: the rise from oblivion to the top is rapid – and so is the fall from the top,” said SR Raja, Associate Vice President, Persistent Systems. Many incumbents tend to suffer from ignorance, inertia, and the inability to do little more than tweak or tinker with existing offerings.

There is a Moore’s Law variant for all architecture components, including programming languages. Hence, telcos need to master new business models blending product and service, advised Raja. “Even regulated industries can be disrupted from outside – look at Uber and Tesla. Will telcos experiment with surge pricing like Uber, or become IoT solutions systems integrators,” he asked. For example, operator O2 has used mobile identity to launch its own messaging OTT app, and Vodafone is getting into IoT services.

Operators and Net Neutrality

The Mobile India conference took place with the backdrop of a heated battle over Net Neutrality between Facebook’s Free Basics and Internet activists from India, which has received a lot of media coverage in India and overseas.

This calls for the digital media community and entrepreneur ecosystem to pay attention to complex but important issues such as Internet governance. “The next billion users in India may be very different from the current billion, in terms of geography, language and access device,” observed Samiran Gupta, Head-India, Internet Corporation for Assigned Names and Numbers (ICANN).

ICANN’s objective is to maintain inter-operability of the Internet, and there is a unique opportunity for emerging economies to play a stronger role in Internet governance, in issues such as local languages and scripts.

Regulation and digital innovation

Regulators have major challenges ahead in juggling the needs of multiple stakeholders and demands for different slices of spectrum. “There are 43 different kinds of radio-communication services competing for spectrum,” said Pavan Garg, Former Wireless Adviser, GoI, and former Member, Radio Regulations Board, ITU, Geneva.

Regulators need to become much more savvy on the kind of collusions possible between industry heavyweights, according to Sunil Abraham, Executive Director, Centre for Internet and Society.

If India gets its IP regime correct, the local language content economy can be boosted, in addition to other civic benefits. For example, giving anonymised data access to independent researchers has helped LIRNEasia come up with better transportation design in Sri Lanka.

The discussion covered a wide range of interesting possibilities. In the EU, it is mandated that all mobile phones be able to display all European languages. Can India do the same for local languages? Will regulation promote support for Indic language technology on mobiles, or should this be left purely to the market? Organisations such as the Telecommunications Standards Development Society, India (TSDSI) is working on Indian language standards in ICTs.

The app economy can indeed be accelerated with proactive government intervention, said Parnil Urdhwareshe, Research Assistant at ICRIER and co-author of a report on ‘Impact of India’s App Economy.’ India’s app ecosystem could be worth Rs 2,000 crore in 2016; it created about 75,000 direct jobs in 2015, according to the report.

The government can pass regulations on apps covering privacy, Net Neutrality and safety, eg. SoS buttons, medical apps. The UK government has drawn up a range of app guidelines covering issues such as in-app purchases.

“Design in India is more important than Make In India,” said Vipin Tyagi, Executive Director, C-DOT, drawing attention to issues of participatory design and citizen-centric services rather than only one-way top-down initiatives from government and large industry players.

The road ahead

Broadband penetration in India is only 10 per cent. By 2018, video will be 62 per cent of India’s mobile data traffic, and there will be 526 million Internet users, according to Anil Kaushal, Member, Telecom Regulatory Authority of India (TRAI).

The government’s BharatNet initiative aims to connect 2,50,000 Gram Panchayats across the country. TRAI has given recommendations for Virtual Network Operators, wherein niche players can offer Smart City services.

In addition to regulators, operators and developers, success of the app economy also rests on responsible user behaviour, said Deepak Maheshwari, Head-Government Affairs, Symantec. “Be more active with respect to data encryption on your device. Use multi-factor authentication,” he advised.

Seventy per cent of India’s population lives in villages; digital innovation will help bring education and healthcare to them, said Vimal Wakhlu, Chairman & Managing Director, TCIL. There are also global extensions and markets for Indian innovations, such as the Pan-African E-Network targeted at 53 countries. There are major uses of ICTs across India, such as monitoring the cleaning of the Ganges as well as water gate management in Gujarat, Vimal added.

“India needs to mandate telecom infrastructure in real estate development and town planning. Digital media will change the way we learn and earn,” said T.R. Dua, Director General, Tower and Infrastructure Providers Association (TAIPA) India, and Co-Chair ITU APT Foundation of India.

For more details visit https://cis-india.org/telecom/news/yourstory-sneha-maselkar-and-madanmohan-rao-january-14-2016-a-billion-mobile-users

Big Data and Governance in India

praskrishna — 2016-01-17T01:57:45Z

The Centre for Internet & Society (CIS) is happy to invite you to a discussion on the role of Big Data in governance in India with a focus on Digital India, UID Scheme and Smart Cities Mission in India on January 23, 2016 at CIS office in Bangalore from 11 a.m. to 4 p.m.

Background Note

The roundtable discussion intends to delve deeper into various issues around the role of big data in Government schemes and projects like the Digital India, the UID Scheme and the 100 Smart Cities Mission. Some of the topics would include:

Use/Assumptions about use of Big Data.
The public dialogue in the context of Big Data, rights, and governance.
Status and Role of India's data protection standards impacted by Big Data.
Legal hurdles posed by Big Data.

We look forward to making this a forum for knowledge exchange and a learning opportunity for our friends and colleagues attending the discussion.

Contact:

Vanya Rakesh vanya@cis-india.org +919586572707
Amber Sinha amber@cis-india.org +919620180343

Agenda

Introduction 11:00 am - 11.30 am	Introduction about “Big Data in the Global South: Mitigating Harms” and “Big Data in Indian Governance”.
Digital India 11.30 am - 1:00 pm	Discussion Schemes under Digital India and how Big Data pertains to them Scale and nature of data being collected Actors involved Research Methodology and coding “Cradle to grave” identity Need for privacy legislation/data protection policies
1:00 pm- 2:00 pm	Lunch
Big Data and Smart Cities 2:00 pm - 3:30pm	Discussion Use/Assumptions about use of Big Data in Smart cities. Organisations/companies driving the use of Big Data in Governance in India The public dialogue around the scheme in the context of big data, rights, and governance Impact of Big Data on India's Data Protection Standards Impact of Big Data on other legislation/policy besides privacy . What type of 'legal hurdles' could Big Data pose? Need for creating regulatory/legal framework
3:30pm-4:00pm	Tea/Coffee

Detailed Agenda

Digital India

Scope of schemes under Digital India and how Big Data pertains to them

What are the ways in which Big Data is defined?
What aspects of Digital India initiatives pertain to Big Data?
What could be the harms/benefits of Big Data for Digital India?

Scale and nature of data being collected

What do the schemes intend to quantify?

Actors involved

What kinds of issue arise in PPP model?
Questions about ownership of data, access-control and security
Application of Section 43A rules to private parties involved

Research Methodology and coding

What the relevant questions that need to be asked in mapping each scheme?
How do we view e-governance initiatives vis-a-vis privacy principles?
What are the rights of citizens, and how are they impacted?

“Cradle to grave” identity

What does ‘cradle to grave’ digital identity mean?
What is the impact of using the Aadhaar number?

Need for privacy legislation/data protection policies

What aspects of the right to privacy pertain to the schemes?
Extending the Section 43A rules to government agencies
Justice Shah committee’s nine privacy principles.

Big Data and Smart Cities

Use/Assumptions about use of Big Data in Smart cities

What can be termed as big data in the context of smart cities.
What would be the role of big data.
Where do we see use/potential use of big data in the smart cities.

What bodies/companies are driving the use of Big Data in Governance in India?

Identifying actors involved.
Defining the role of: Government bodies, Private companies like IT Companies, consultants, etc. in use of big data. Clarity on ownership, storage, use, re-use, deletion of data. Question of accountability in case of breach/misuse.

What has been the public dialogue around a scheme in the context of big data, rights, and governance?

Weighing promises of big data.
Weighing challenges of big data.
Concerns around big data- data security, privacy, digital resilience of infrastructure, risks of identity management, Circumvention of democracy, social exclusion, right to equality, right to access, etc.
Issue of governance and implementation: role of SPVs.

How are India's data protection standards impacted by Big Data?

Need for developing standards.
Drawing from existing international standards.

Are there other legislation/policy besides privacy impacted by Big Data? what type of 'legal hurdles' could Big Data pose?

Legal landscaping: impact on current laws/policies/provisions.

Need for creating regulatory/legal framework?

For more details visit https://cis-india.org/internet-governance/events/big-data-governance-india

Big Data in the Global South - An Analysis

tanvi — 2016-01-24T02:54:45Z

I. Introduction

"The period that we have embarked upon is unprecedented in history in terms of our ability to learn about human behavior." [1]

The world we live in today is facing a slow but deliberate metamorphosis of decisive information; from the erstwhile monopoly of world leaders and the captains of industry obtained through regulated means, it has transformed into a relatively undervalued currency of knowledge collected from individual digital expressions over a vast network of interconnected electrical impulses.[2] This seemingly random deluge of binary numbers, when interpreted represents an intricately woven tapestry of the choices that define everyday life, made over virtual platforms. The machines we once employed for menial tasks have become sensorial observers of our desires, wants and needs, so much so that they might now predict the course of our future choices and decisions.[3] The patterns of human behaviour that are reflected within this data inform policy makers, in both a public and private context. The collective data obtained from our digital shadows thus forms a rapidly expanding storehouse of memory, from which interested parties can draw upon to resolve problems and enable a more efficient functioning of foundational institutions, such as the markets, the regulators and the government.[4]

The term used to describe a large volume of collected data, in a structured as well as unstructured form is called Big Data. This data requires niche technology, outside of traditional software databases, to process; simply because of its exponential increment in a relatively short period of time. Big Data is usually identified using a "three V" characterization - larger volume, greater variety and distinguishably high rates of velocity. [5] This is exemplified in the diverse sources from which this data is obtained; mobile phone records, climate sensors, social media content, GPS satellite identifications and patterns of employment, to name a few. Big data analytics refers to the tools and methodologies that aim to transform large quantities of raw data into "interpretable data", in order to study and discern the same so that causal relationships between events can be conclusively established.[6] Such analysis could allow for the encouragement of the positive effects of such data and a concentrated mitigation of negative outcomes.

This paper seeks to map out the practices of different governments, civil society, and the private sector with respect to the collection, interpretation and analysis of big data in the global south, illustrated across a background of significant events surrounding the use of big data in relevant contexts. This will be combined with an articulation of potential opportunities to use big data analytics within both the public and private spheres and an identification of the contextual challenges that may obstruct the efficient use of this data. The objective of this study is to deliberate upon how significant obstructions to the achievement of developmental goals within the global south can be overcome through an accurate recognition, interpretation and analysis of big data collected from diverse sources.

II. Uses of Big Data in the Global Development

Big Data for development is the process though which raw, unstructured and imperfect data is analyzed, interpreted and transformed into information that can be acted upon by governments and policy makers in various capacities. The amount of digital data available in the world today has grown from 150 exabytes in 2005 to 1200 exabytes in 2010.[7] It is predicted that this figure would increase by 40% annually in the next few years[8], which is close to 40 times growth of the world's population. [9] The implication of this is essentially that the share of available data in the world today that is less than a minute old is increasing at an exponential rate. Moreover, an increasing percentage of this data is produced and created real-time.

The data revolution that is incumbent upon us is characterized by a rapidly accumulating and continuously evolving stock of data prevalent` in both industrialized as well as developing countries. This data is extracted from technological services that act as sensors and reflect the behaviour of individuals in relation to their socio-economic circumstances.

For many global south countries, this data is generated through mobile phone technology. This trend is evident in Sub Saharan Africa, where mobile phone technology has been used as an effective substitute for often weak and unstructured State mechanisms such as faulty infrastructure, underdeveloped systems of banking and inferior telecommunication networks.[10]

For example, a recent study presented at the Data for Development session at the NetMob Conference at MIT used mobile phone data to analyze the impact of opening a new toll highway in Dakar, Senegal on human mobility, particularly how people commute to work in the metropolitan area. ^{^[11]} A huge investment, the improved infrastructure is expected to result in a significant increase of people in and out of Dakar, along with the transport of essential goods. This would initiate rural development in the areas outside of Dakar and boost the value of land within the region.^{^[12]} The impact of the newly constructed highway can however only be analyzed effectively and accurately through the collection of this mobile phone data from actual commuters, on a real time basis.

Mobile phones technology is no longer used just for personal communication but has been transformed into an effective tool to secure employment opportunities, transfer money, determine stock options and assess the prices of various commodities.[13] This generates vast amounts of data about individuals and their interactions with the government and private sector companies. Internet Traffic is predicted to grow between 25 to 30 % in the next few years in North America, Western Europe and Japan but in Latin America, The Middle East and Africa this figure has been expected to touch close to 50%.[14] The bulk of this internet traffic can be traced back to mobile devices.

The potential applicability of Big Data for development at the most general level is the ability to provide an overview of the well being of a given population at a particular period of time.[15] This overcomes the relatively longer time lag that is prevalent with most other traditional forms of data collection. The analysis of this data has helped, to a large extent, uncover "digital smoke signals" - or inherent changes in the usage patterns of technological services, by individuals within communities.[16] This may act as an indicator of the changes in the underlying well-being of the community as a whole. This information about the well-being of a community derived from their usage of technology provides significantly relevant feedback to policy makers on the success or failure of particular schemes and can pin point changes that need to be made to status quo. [17]The hope is that this feedback delivered in real-time, would in turn lead to a more flexible and accessible system of international development, thus securing more measurable and sustained outcomes. [18]

The analysis of big data involves the use of advanced computational technology that can aid in the determination of trends, patterns and correlations within unstructured data so as to transform it into actionable information. It is hoped that this in addition to the human perspective and experience afforded to the process could enable decision makers to rely upon information that is both reliable and up to date to formulate durable and self-sustaining development policies.

The availability of raw data has to be adequately complemented with intent and a capacity to use it effectively. To this effect, there is an emerging volume of literature that seeks to characterize the primary sources of this Big Data as sharing certain easily distinguishable features. Firstly, it is digitally generated and can be stored in a binary format, thus making it susceptible to requisite manipulation by computers attempting to engage in its interpretation. It is passively produced as a by-product of digital interaction and can be automatically extracted for the purpose of continuous analysis. It is also geographically traceable within a predetermined time period. It is however important to note that "real time" does not necessarily refer to information occurring instantly but is reflective of the relatively short time in which the information is produced and made available thus making it relevant within the requisite timeframe. This allows efficient responsive action to be taken in a short span of time thus creating a feedback loop. [19]

In most cases the granularity of the data is preferably sought to be expanded over a larger spatial context such as a village or a community as opposed to an individual simply because this affords an adequate recognition of privacy concerns and the lack of definitive consent of the individuals in the extraction of this data. In order to ease the process of determination of this data, the UN Global Pulse has developed taxonomy of sorts to assess the types of data sources that are relevant to utilizing this information for development purposes.[20] These include the following sources;

Data Exhaust or the digital footprint left behind by individuals' use of technology for service oriented tasks such as web purchases, mobile phone transactions and real time information collected by UN agencies to monitor their projects such as levels of food grains in storage units, attendance in schools etc.

Online Information which includes user generated content on the internet such as news, blog entries and social media interactions which may be used to identify trends in human desires, perceptions and needs.

Physical sensors such as satellite or infrared imagery of infrastructural development, traffic patterns, light emissions and topographical changes, thus enabling the remote sensing of changes in human activity over a period of time.

Citizen reporting or crowd sourced data , which includes information produced on hotlines, mobile based surveys, customer generated maps etc. Although a passive source of data collection, this is a key instrument in assessing the efficacy of action oriented plans taken by decision makers.

The capacity to analyze this big data is hinged upon the reliance placed on technologically advanced processes such as powerful algorithms which can synthesize the abundance of raw data and break down the information enabling the identification of patterns and correlations. This process would rely on advanced visualization techniques such "sense-making tools"[21]

The identification of patterns within this data is carried out through a process of instituting a common framework for the analysis of this data. This requires the creation of a specific lexicon that would help tag and sort the collected data. This lexicon would specify what type of information is collected and who it is interpreted and collected by, the observer or the reporter. It would also aid in the determination of how the data is acquired and the qualitative and quantitative nature of the data. Finally, the spatial context of the data and the time frame within which it was collected constituting the aspects of where and when would be taken into consideration. The data would then be analyzed through a process of Filtering, Summarizing and Categorizing the data by transforming it into an appropriate collection of relevant indicators of a particular population demographic. [22]

The intensive mining of predominantly socioeconomic data is known as "reality mining" [23] and this can shed light on the processes and interactions that are reflected within the data. This is carried out via a tested three fold process. Firstly, the " Continuous Analysis over the streaming of the data", which involves the monitoring and analyzing high frequency data streams to extract often uncertain raw data. For example, the systematic gathering of the prices of products sold online over a period of time. Secondly, "The Online digestion of semi structured data and unstructured data", which includes news articles, reviews of services and products and opinion polls on social media that aid in the determination of public perception, trends and contemporary events that are generating interest across the globe. Thirdly, a 'Real-time Correlation of streaming data with slowly accessible historical data repositories,' which refers to the "mechanisms used for correlating and integrating data in real-time with historical records."[24] The purpose of this stage is to derive a contextualized perception of personalized information that seeks to add value to the data by providing a historical context to it. Big Data for development purposes would make use of a combination of these depending on the context and need.

(i) Policy Formulation

The world today has become increasingly volatile in terms of how the decisions of certain countries are beginning to have an impact on vulnerable communities within entirely different nations. Our global economy has become infinitely more susceptible to fluctuating conditions primarily because of its interconnectivity hinged upon transnational interdependence. The primordial instigators of most of these changes, including the nature of harvests, prices of essential commodities, employment structures and capital flows, have been financial and environmental disruptions. [25] According to the OECD, " Disruptive shocks to the global economy are likely to become more frequent and cause greater economic and social hardship. The economic spillover effects of events like the financial crisis or a potential pandemic will grow due to the increasing interconnectivity of the global economy and the speed with which people, goods and data travel."[26]

The local impacts of these fluctuations may not be easily visible or even traceable but could very well be severe and long lasting. A vibrant literature on the vulnerability of communities has highlighted the impacts of these shocks on communities often causing children to drop out of school, families to sell their productive assets, and communities to place a greater reliance on state rations.[27] These vulnerabilities cannot be definitively discerned through traditional systems of monitoring and information collection. The evidence of the effects of these shocks often take too long to reach decision makers; who are unable to formulate effective policies without ascertaining the nature and extent of the hardships suffered by these in a given context. The existing early warning systems in place do help raise flags and draw attention to the problem but their reach is limited and veracity compromised due to the time it takes to extract and collate this information through traditional means. These traditional systems of information collection are difficult to implement within rural impoverished areas and the data collected is not always reliable due to the significant time gap in its collection and subsequent interpretation. Data collected from surveys does provide an insight into the state of affairs of communities across demographics but this requires time to be collected, processed, verified and eventually published. Further, the expenses incurred in this process often prove to be difficult to offset.

The digital revolution therefore provides a significant opportunity to gain a richer and deeper insight into the very nature and evolution of the human experience itself thus affording a more legitimate platform upon which policy deliberations can be articulated. This data driven decision making, once the monopoly of private institutions such as The World Economic Forum and The McKinsey Institute [28] has now emerged at the forefront of the public policy discourse. Civil society has also expressed an eagerness to be more actively involved in the collection of real-time data after having perceived its benefits. This is evidenced by the emergence of 'crowd sourcing'[29] and other 'participatory sensing' [30] efforts that are founded upon the commonalities shared by like minded communities of individuals. This is being done on easily accessible platforms such as mobile phone interfaces, hand-held radio devices and geospatial technologies. [31]

The predictive nature of patterns identifiable from big data is extremely relevant for the purpose of developing socio-economic policies that seek to bridge problem-solution gaps and create a conducive environment for growth and development. Mobile phone technology has been able to quantify human behavior on an unprecedented scale.[32] This includes being able to detect changes in standard commuting patterns of individuals based on their employment status[33] and estimating a country's GDP in real-time by measuring the nature and extent of light emissions through remote sensing. [34]

A recent research study has concluded that "due to the relative frequency of certain queries being highly correlated with the percentage of physician visits in which individuals present influenza symptoms, it has been possible to accurately estimate the levels of influenza activity in each region of the United States, with a reporting lag of just a day." Online data has thus been used as a part of syndromic surveillance efforts also known as infodemiology. [35] The US Centre for Disease Control has concluded that mining vast quantities of data through online health related queries can help detect disease outbreaks " before they have been confirmed through a diagnosis or a laboratory confirmation." [36] Google trends works in a similar way.

Another public health monitoring system known as the Healthmap project compiles seemingly fragmented data from news articles, social media, eye-witness reports and expert discussions based on validated studies to "achieve a unified and comprehensive view of the current global state of infectious diseases" that may be visualized on a map. [37]

Big Data used for development purpose can reduce the reliance on human inputs thus narrowing the room for error and ensuring the accuracy of information collected upon which policy makers can base their decisions.

(ii) Advocacy and Social Change

Due to the ability of Big Data to provide an unprecedented depth of detail on particular issues, it has often been used as a vehicle of advocacy to highlight various issues in great detail. This makes it possible to ensure that citizens are provided with a far more participative experience, capturing their attention and hence better communicating these problems. Numerous websites have been able to use this method of crowd sourcing to broadcast socially relevant issues[38]. Moreover, the massive increase in access to the internet has dramatically improved the scope for activism through the use of volunteered data due to which advocates can now collect data from volunteers more effectively and present these issues in various forums. Websites like Ushahidi[39] and the Black Monday Movement [40] being prime examples of the same. These platforms have championed various causes, consistently exposing significant social crises' that would otherwise go unnoticed.

The Ushahidi application used crowd sourcing mechanisms in the aftermath of the Haiti earthquake to set up a centralized messaging system that allowed mobile phone users to provide information on injured and trapped people.[41] An analysis of the data showed that the concentration of text messages was correlated with the areas where there was an increased concentration of damaged buildings. [42] Patrick Meier of Ushahidi noted "These results were evidence of the system's ability to predict, with surprising accuracy and statistical significance, the location and extent of structural damage post the earthquake." [43]

Another problem that data advocacy hopes to tackle, however, is that of too much exposure, with advocates providing information to various parties to help ensure that there exists no unwarranted digital surveillance and that sensitive advocacy tools and information are not used inappropriately. An interesting illustration of the same is The Tactical Technology Collective[44] that hopes to improve the use of technology by activists and various other political actors. The organization, through various mediums such as films, events etc. hopes to train activists regarding data protection and privacy awareness and skills among human rights activists. Additionally, Tactical Technology also assists in ensuring that information is used in an appealing and relevant manner by human rights activists and in the field of capacity building for the purposes of data advocacy.

Observed data such as mobile phone records generated through network operators as well as through the use of social media are beginning to embody an omnipotent role in the development of academia through detailed research. This is due to the ability of this data to provide microcosms of information within both contexts of finer granularity and over larger public spaces. In the wake of natural disasters, this can be extremely useful, as reflected by the work of Flowminder after the 2010 Haiti earthquake.[45] A similar string of interpretive analysis can be carried out in instances of conflict and crises over varying spans of time. Flowminder used the geospatial locations of 1.9 million subscriber identity modules in Haiti, beginning 42 days before the earthquake and 158 days after it. This information allowed researches to empirically determine the migration patterns of population post the earthquake and enabled a subsequent UNFPA household survey.[46] In a similar capacity, the UN Global Pulse is seeking to assist in the process of consultation and deliberation on the specific targets of the millennium development goals through a framework of visual analytics that represent the big data procured on each of the topics proposed for the post- 2015 agenda online.[47]

A recent announcement of collaboration between RTI International, a non-profit research organization and IBM research lab looks promising in its initiative to utilize big data analytics in schools within Mombasa County, Kenya.[48] The partnership seeks to develop testing systems that would capture data that would assist governments, non-profit organizations and private enterprises in making more informed decisions regarding the development of education and human resources within the region. Äs observed by Dr. Kamal Bhattacharya, The Vice President of IBM Research, "A significant lack of data on Africa in the past has led to misunderstandings regarding the history, economic performance and potential of the government." The project seeks to improve transparency and accountability within the schooling system in more than 100 institutions across the county. The teachers would be equipped with tablet devices to collate the data about students, classrooms and resources. This would allow an analysis of the correlation between the three aspects thus enabling better policy formulation and a more focused approach to bettering the school system. [49] This is a part of the United States Agency for International Development's Education Data for Decision Making (EdData II) project. According to Dr Kommy Weldemariam, Research Scientist , IBM Research, "… there has been a significant struggle in making informed decisions as to how to invest in and improve the quality and content of education within Sub-Saharan Africa. The Project would create a school census hub which would enable the collection of accurate data regarding performance, attendance and resources at schools. This would provide valuable insight into the building of childhood development programs that would significantly impact the development of an efficient human capital pool in the near future."[50]

A similar initiative has been undertaken by Apple and IBM in the development of the "Student Achievement App" which seeks to use this data for "content analysis of student learning". The Application as a teaching tool that analyses the data provided to develop actionable intelligence on a per-student basis." [51] This would give educators a deeper understanding of the outcome of teaching methodologies and subsequently enable better leaning. The impact of this would be a significant restructuring of how education is delivered. At a recent IBM sponsored workshop on education held in India last year , Katharine Frase, IBM CTO of Public Sector predicted that "classrooms will look significantly different within a decade than they have looked over the last 200 years."[52]

(iii) Access and the exchange of information

Big data used for development serves as an important information intermediary that allows for the creation of a unified space within which unstructured heterogeneous data can be efficiently organized to create a collaborative system of information. New interactive platforms enable the process of information exchange though an internal vetting and curation that ensures accessibility to reliable and accurate information. This encourages active citizen participation in the articulation of demands from the government, thus enabling the actualization of the role of the electorate in determining specific policy decisions.

The Grameen Foundation's AppLab in Kampala aids in the development of tools that can use the information from micro financing transactions of clients to identify financial plans and instruments that would be be more suitable to their needs.[53] Thus, through working within a community, this technology connects its clients in a web of information sharing that they both contribute to and access after the source of the information has been made anonymous. This allows the individual members of the community to benefit from this common pool of knowledge. The AppLab was able to identify the emergence of a new crop pest from an increase in online searches for an unusual string of search terms within a particular region. Using this as an early warning signal, the Grameen bank sent extension officers to the location to check the crops and the pest contamination was dealt with effectively before it could spread any further.[54]

(iv) Accountability and Transparency

Big data enables participatory contributions from the electorate in existing functions such as budgeting and communication thus enabling connections between the citizens, the power brokers and elites. The extraction of information and increasing transparency around data networks is also integral to building a self-sustaining system of data collection and analysis. However it is important to note that this information collected must be duly analyzed in a responsible manner. Checking the veracity of the information collected and facilitating individual accountability would encourage more enthusiastic responses from the general populous thus creating a conducive environment to elicit the requisite information. The effectiveness of the policies formulated by relying on this information would rest on the accuracy of such information.

An example of this is Chequeado, a non-profit Argentinean media outlet that specializes in fact-checking. It works on a model of crowd sourcing information on the basis of which it has fact checked everything from the live presidential speech to congressional debates that have been made open to the public. [55] It established a user friendly public database, DatoCHQ, in 2014 which allowed its followers to participate in live fact-checks by sending in data, which included references, facts, articles and questions, through twitter. [56] This allowed citizens to corroborate the promises made by their leaders and instilled a sense of trust in the government.

III. Big Data and Smart Cities in the Global South

Smart cities have become a buzzword in South Asia, especially after the Indian government led by Prime Minister Narendra Modi made a commitment to build 100 smart cities in India[57]. A smart city is essentially designed as a hub where the information and communication technologies (ICT) are used to create feedback loops with an almost minimum time gap. In traditional contexts, surveys carried out through a state sponsored census were the only source of systematic data collection. However these surveys are long drawn out processes that often result in a drain on State resources. Additionally, the information obtained is not always accurate and policy makers are often hesitant to base their decisions on this information. The collection of data can however be extremely useful in improving the functionality of the city in terms of both the 'hard' or physical aspects of the infrastructural environment as well as the 'soft' services it provides to citizens. One model of enabling this data collection, to this effect, is a centrally structured framework of sensors that may be able to determine movements and behaviors in real-time, from which the data obtained can be subsequently analyzed. For example, sensors placed under parking spaces at intersections can relay such information in short spans of time. South Korea has managed to implement a similar structure within its smart city, Songdo.[58]

Another approach to this smart city model is using crowd sourced information through apps, either developed by volunteers or private conglomerates. These allow for the resolving of specific problems by organizing raw data into sets of information that are attuned to the needs of the public in a cohesive manner. However, this system would require a highly structured format of data sets, without which significantly transformational result would be difficult to achieve.[59]

There does however exist a middle ground, which allows the beneficiaries of this network, the citizens, to take on the role of primary sensors of information. This method is both cost effective and allows for an experimentation process within which an appropriate measure of the success or failure of the model would be discernible in a timely manner. It is especially relevant in fast growing cities that suffer congestion and breakdown of infrastructure due to the unprecedented population growth. This population is now afforded with the opportunity to become a part of the solution.

The principle challenge associated with extracting this Big Data is its restricted access. Most organizations that are able to collect this big data efficiently are private conglomerates and business enterprises, who use this data to give themselves a competitive edge in the market, by being able to efficiently identify the needs and wants of their clientele. These organizations are reluctant to release information and statistics because they fear it would result in them losing their competitive edge and they would consequently lose the opportunity to benefit monetarily from the data collected. Data leaks would also result in the company getting a bad name and its reputation could be significantly hampered. Despite the individual anonymity, the transaction costs incurred in ensuring the data of their individual customers is protected is often an expensive process. In addition to this there is a definite human capital gap resulting from the significant lack of scientists and analysts to interpret raw data transmitted across various channels.

(i) Big Data in Urban Planning

Urban planning would require data that is reflective of the land use patterns of communities, combined with their travel descriptions and housing preferences. The mobility of individuals is dependent on their economic conditions and can be determined through an analysis of their purchases, either via online transactions or from the data accumulated by prominent stores. The primary source of this data is however mobile phones, which seemed to have transcend economic barriers. Secondary sources include cards used on public transport such as the Oyster card in London and the similar Octopus card used in Hong Kong. However, in most developing countries these cards are not available for public transport systems and therefore mobile network data forms the backbone of data analytics. An excessive reliance on the data collected through Smart phones could however be detrimental, especially in developing countries, simply because the usage itself would most likely be concentrated amongst more economically stable demographics and the findings from this data could potentially marginalize the poor.[60]

Mobile network big data (MNBD) is generated by all phones and includes CDRs, which are obtained from calls or texts that are sent or received, internet usage, topping up a prepaid value and VLR or Visitor Location Registry data which is generated whenever the phone is question has power. It essentially communicates to the Base Transceiver Stations (BSTs) that the phone is in the coverage area. The CDR includes records of calls made, duration of the call and information about the device. It is therefore stored for a longer period of time. The VLR data is however larger in volume and can be written over. Both VLR and CDR data can provide invaluable information that can be used for urban planning strategies. [61] LIRNEasia, a regional policy and regulation think-tank has carried out an extensive study demonstrating the value of MNBD in SriLanka.[62] This has been used to understand and sometimes even monitor land use patterns, travel patterns during peak and off seasons and the congregation of communities across regions. This study was however only undertaken after the data had been suitably pseudonymised.[63] The study revealed that MNBD was incredibly valuable in generating important information that could be used by policy formulators and decision makers, because of two primary characteristics. Firstly, it comes close to a comprehensive coverage of the demographic within developing countries, thus using mobile phones as sensors to generate useful data. Secondly, people using mobile phones across vast geographic areas reflect important information regarding patterns of their travel and movement. [64]

MNBD allows for the tracking and mapping of changes in population densities on a daily basis, thus identifying 'home' and 'work' locations, informing policy makers of population congestion so that thy may be able to formulate policies with respect to easing this congestion. According to Rohan Samarajiva, founding chair of LIRNEasia, "This allows for real-time insights on the geo-spatial distribution of population, which may be used by urban planners to create more efficient traffic management systems."^{^[65]} This can also be used for the developmental economic policies. For example, the northern region of Colombo, a region inhabited by the low income families shows a lower population density on weekdays. This is reflective of the large numbers travelling to southern Colombo for employment. ^{^[66]}Similarly, patterns of land use can be ascertained by analyzing the various loading patterns of base stations. Building on the success of the Mobile Data analysis project in SriLanka LIRNEasia plans to collaborate with partners in India and Bangladesh to assimilate real time information about the behavioral tendencies of citizens, using which policy makers may be able to make informed decisions. When this data is combined with user friendly virtual platforms such as smartphone Apps or web portals, it can also help citizens make informed choices about their day to day activities and potentially beneficial long term decisions. ^{^[67]}

Challenges of using Mobile Network Data

Mobile networks invest significant sums of money in obtaining information regarding usage patterns of their services. Consequently, they may use this data to develop location based advertizing. In this context, there is a greater reluctance to share data for public purposes. Allowing access to one operator's big data by another could result in significant implications on the other with respect to the competitive advantage shared by the operator. A plausible solution to this conundrum is the accumulation of data from multiple sources without separating or organizing it according to the source it originates from. There is thus a lesser chance of sensitive information of one company being used by another. However, even operators do have concerns about how the data would be handled before this "mashing up" occurs and whether it might be leaked by the research organization itself. LIRNEasia used comprehensive non-disclosure agreements to ensure that the researchers who worked with the data were aware of the substantial financial penalties that may be imposed on them for data breaches. The access to the data was also restricted. [68]

Another line of argumentation advocates for the open sharing of data. A recent article in the Economist has articulated this in the context of the Ebola outbreak in West Africa. " Releasing the data, though, is not just a matter for firms since people's privacy is involved. It requires governmental action as well. Regulators in each affected country would have to order operators to make their records accessible to selected researchers, who through legal agreements would only be allowed to use the data in a specific manner. For example, Orange, a major mobile phone network operator has made millions of CDRs from Senegal and The Ivory Coast available for researchers for their use under its Data Development Initiative. However the Political will amongst regulators and Network operators to do this seems to be lacking."[69]

It would therefore be beneficial for companies to collaborate with the customers who create the data and the researchers who want to use it to extract important insights. This however would require the creation of and subsequent adherence to self regulatory codes of conduct. [70] In addition to this cooperation between network operators will assist in facilitating the transference of the data of their customers to research organizations. Sri Lanka is an outstanding example of this model of cooperation which has enabled various operators across spectrums to participate in the mobile-money enterprise.[71]

(ii) Big Data and Government Delivery of Services and Functions

The analysis of Data procured in real time has proven to be integral to the formulation of policies, plans and executive decisions. Especially in an Asian context, Big data can be instrumental in urban development, planning and the allocation of resources in a manner that allows the government to keep up with the rapidly growing demands of an empowered population whose numbers are on an exponential rise. Researchers have been able to use data from mobile networks to engage in effective planning and management of infrastructure, services and resources. If, for example, a particular road or highway has been blocked for a particular period of time an alternative route is established before traffic can begin to build up creating a congestion, simply through an analysis of information collected from traffic lights, mobile networks and GPS systems.[72]

There is also an emerging trend of using big data for state controlled services such as the military. The South Korean Defense Minister Han Min Koo, in his recent briefing to President Park Geun-hye reflected on the importance of innovative technologies such as Big Data solutions. [73]

The Chinese government has expressed concerns regarding data breaches and information leakages that would be extremely dangerous given the exceeding reliance of governments on big data. A security report undertaken by Qihoo 360, China's largest software security provider established that 2,424 of the 17,875 Web security loopholes were on government websites. Considering the blurring line between government websites and external networks, it has become all the more essential for authorities to boost their cyber security protections.[74]

The Japanese government has considered investing resources in training more data scientists who may be able to analyze the raw data obtained from various sources and utilize requisite techniques to develop an accurate analysis. The Internal Affairs and Communication Ministry planned to launch a free online course on big data, the target of which would be corporate workers as well as government officials.[75]

Data analytics is emerging as an efficient technique of monitoring the public transport management systems within Singapore. A recent collaboration between IBM, StarHub, The Land Transport Authority and SMRT initiated a research study to observe the movement of commuters across regions. ^{^[76]} This has been instrumental in revamping the data collection systems already in place and has allowed for the procurement of additional systems of monitoring.^{^[77]} The idea is essentially to institute a "black box" of information for every operational unit that allows for the relaying of real-time information from sources as varied as power switches, tunnel sensors and the wheels, through assessing patterns of noise and vibration. ^{^[78]}

In addition to this there are numerous projects in place that seek to utilize Big Data to improve city life. According to Carlo Ritti, Director of the MIT Senseable City Lab, "We are now able to analyze the pulse of a city from moment to moment. Over the past decade, digital technologies have begun to blanket our cities, forming the backbone of a large, intelligent infrastructure." ^{^[79]} The professor of Information Architecture and Founding Director of the Singapore ETH Centre, Gerhart Schmitt has observed that "the local weather has a major impact on the behavior of a population." In this respect the centre is engaged in developing a range of visual platforms to inform citizens on factors such as air quality which would enable individuals to make everyday choices such as what route to take when planning a walk or predict a traffic jam. ^{^[80]} Schmitt's team has also been able to arrive at a pattern that connects the demand for taxis with the city's climate. The amalgamation of taxi location with rainfall data has been able to help locals hail taxis during a storm. This form of data can be used in multiple ways allowing the visualization of temperature hotspots based on a "heat island" effect where buildings, cars and cooling units cause a rise in temperature. ^{^[81]}

Microsoft has recently entered into a partnership with the Federal University of Minas Gerais, one of the largest universities in Brazil to undertake a research project that could potentially predict traffic jams up to an hour in advance. ^{^[82]} The project attempts to analyze information from transport departments, road traffic cameras and drivers social network profiles to identify patterns that they could use to help predict traffic jams approximately 15 to 60 minutes before they actually happen.^{^[83]}

In anticipation of the increasing demand for professionals with requisite training in data sciences, the Malaysian Government has planned to increase the number of local data scientists from the present 80 to 1500 by 2020, through the support of the universities within the country.

IV. Big Data and the Private Sector in the Global South

Essential considerations in the operations of Big Data in the Private sector in the Asia Pacific region have been extracted by a comprehensive survey carried out by the Economist Intelligence Unit.[84] Over 500 executives across the Asia Pacific region were surveyed, from across industries representing a diverse range of functions. 69% of these companies had an annual turnover of over US $500m. The respondents were senior managers responsible for taking key decisions with regard to investment strategies and the utilization of big data for the same.

The results of the Survey conclusively determined that firms in the Asia Pacific region have had limited success with implementing Big Data Practices. A third of the respondents claimed to have an advanced knowledge of the utilization of big data while more than half claim to have made limited progress in this regard. Only 9% of the Firms surveyed cited internal barriers to implementing big data practices. This included a significant difficulty in enabling the sharing of information across boundaries. Approximately 40% of the respondents surveyed claimed they were unaware of big data strategies, even if they had in fact been in place simply because these had been poorly communicated to them. Almost half of the firms however believed that big data plays an important role in the success of the firm and that it can contribute to increasing revenue by 25% or more.

Numerous obstacles in the adoption of big data were cited by the respondents. These include the lack of suitable software to interpret the data and the lack of in-house skills to analyze the data appropriately. In addition to this, the lack of willingness on the part of various departments to share their data for the fear of a breach or leak was thought to be a major hindrance. This combined with a lack of communication between the various departments and exceedingly complicated reports that cannot be analyzed given the limited resources and lack of human capital qualified enough to carry out such an analysis, has resulted in an indefinite postponement of any policy propounding the adoption of big data practices.

Over 59% of the firms surveyed agreed that collaboration is integral to innovation and that information silos are a huge hindrance within a knowledge based economy. There is also a direct correlation between the size of the company and its progress in adopting big data, with larger firms adopting comprehensive strategies more frequently than smaller ones. A major reason for this is that large firms with substantially greater resources are able to actualize the benefits of big data analytics more efficiently than firms with smaller revenues. These businesses which have advanced policies in place outlining their strategies with respect to their reliance on big data are also more likely to communicate these strategies to their employees to ensure greater clarity in the process.

The use of big data was recently voted as the "best management practice" of the past year according to a cumulative ranking published by Chief Executive China Magazine, a Trade journal published by Global Sources on 13th January, 2015 in Beijing. The major benefit cited was the real-time information sourced from customers, which allows for direct feedback from clients when making decisions regarding changes in products or services. [85]

A significant contributor to the lack of adequate usage of data analytics is the belief that a PhD is a prerequisite for entering the field of data science. This misconception was pointed out by Richard Jones, vice president of Cloudera in the Australia, New Zealand and the Asean region. Cloudera provides businesses with the requisite professional services that they may need to effectively utilize Big Data. This includes a combination of the necessary manpower, technology and consultancy services.^{^[86]} Deepak Ramanathan, the chief technology officer, SAS Asia Pacific believes that this skill gap can be addressed by forming data science teams within both governments and private enterprises. These teams could comprise of members with statistical, coding and business skills and allow them to work in a collaborative manner to address the problem at hand.^{^[87]} SAS is an Enterprise Software Giant that creates tools tailored to suit business users to help them interpret big data. Eddie Toh, the planning and marketing manager of Intel's data center platform believes that businesses do not necessarily need data scientists to be able to use big data analytics to their benefit and can in fact outsource the technical aspects of the interpretation of this data as and when required.^{^[88]}

The analytical team at Dell has forged a partnership with Brazilian Public Universities to facilitate the development of a local talent pool in the field of data analytics. The Instituto of Data Science (IDS) will provide training methodologies for in person or web based classes. ^{^[89]} The project is being undertaken by StatSoft, a subsidiary of Dell that was acquired by the technology giant last year. ^{^[90]}

V. Conclusion

There have emerged numerous challenges in the analysis and interpretation of Big Data. While it presents an extremely engaging opportunity, which has the potential to transform the lives of millions of individuals, inform the private sector and influence government, the actualization of this potential requires the creation of a sustainable foundational framework ; one that is able to mitigate the various challenges that present themselves in this context.

A colossal increase in the rate of digitization has resulted in an unprecedented increment in the amount of Big Data available, especially through the rapid diffusion cellular technology. The importance of mobile phones as a significant source of data, especially in low income demographics cannot be overstated. This can be used to understand the needs and behaviors of large populations, providing an in depth insight into the relevant context within which valuable assessments as to the competencies, suitability and feasibilities of various policy mechanisms and legal instruments can be made. However, this explosion of data does have a lasting impact on how individuals and organizations interact with each other, which might not always be reflected in the interpretation of raw data without a contextual understanding of the demographic. It is therefore vital to employ the appropriate expertise in assessing and interpreting this data. The significant lack of a human resource to capital to analyze this information in an accurate manner poses a definite challenge to its effective utilization in the Global South.

The legal and technological implications of using Big Data are best conceptualized within the deliberations on protecting the privacy of the contributors to this data. The primary producers of this information, from across platforms, are often unaware that they are in fact consenting to the subsequent use of the data for purposes other than what was intended. For example people routinely accept terms and conditions of popular applications without understanding where or how the data that they inadvertently provide will be used.[91] This is especially true of media generated on social networks that are increasingly being made available on more accessible platforms such as mobile phones and tablets. Privacy has and always will remain an integral pillar of democracy. It is therefore essential that policy makers and legislators respond effectively to possible compromises of privacy in the collection and interpretation of this data through the institution of adequate safeguards in this respect.

Another challenge that has emerged is the access and sharing of this data. Private corporations have been reluctant to share this data due to concerns about potential competitors being able to access and utilize the same. In addition to this, legal considerations also prevent the sharing of data collected from their customers or users of their services. The various technical challenges in storing and interpreting this data adequately also prove to be significant impediments in the collection of data. It is therefore important that adequate legal agreements be formulated in order to facilitate a reliable access to streams of data as well as access to data storage facilities to accommodate for retrospective analysis and interpretation.

In order for the use of Big Data to gain traction, it is important that these challenges are addressed in an efficient manner with durable and self-sustaining mechanisms of resolving significant obstructions. The debates and deliberations shaping the articulation of privacy concerns and access to such data must be supported with adequate tools and mechanisms to ensure a system of "privacy-preserving analysis." The UN Global Pulse has put forth the concept of data philanthropy to attempt to resolve these issues, wherein " corporations [would] take the initiative to anonymize (strip out all personal information) their data sets and provide this data to social innovators to mine the data for insights, patterns and trends in realtime or near realtime."[92]

The concept of data philanthropy highlights particular challenges and avenues that may be considered for future deliberations that may result in specific refinements to the process.

One of the primary uses of Big Data, especially in developing countries is to address important developmental issues such as the availability of clean water, food security, human health and the conservation of natural resources. Effective Disaster management has also emerged as one of the key functions of Big Data. It therefore becomes all the more important for organizations to assess the information supply chains pertaining to specific data sources in order to identify and prioritize the issues of data management. [93] Data emerging from different contexts, across different sources may appear in varied compositions and would differ significantly across economic demographics. The Big Data generated from certain contexts would be inefficient due to the unavailability of data within certain regions and the resulting studies affecting policy decisions should take into account this discrepancy. This data unavailability has resulted in a digital divide which is especially prevalent in the global south. [94]

Appropriate analysis of the Big Data generated would provide a valuable insight into the key areas and inform policy makers with respect to important decisions. However, it is necessary to ensure that the quality of this data meets a specific standard and appropriate methodological processes have been undertaken to interpret and analyze this data. The government is a key actor that can shape the ecosystem surrounding the generation, analysis and interpretation of big data. It is therefore essential that governments of countries across the global south recognize the need to collaborate with civic organizations as well technical experts in order to create appropriate legal frameworks for the effective utilization of this data.

[1] Onella, Jukka- Pekka. "Social Networks and Collective Human Behavior." UN Global Pulse. 10 Nov.2011. <http://www.unglobalpulse.org/node/14539>

[2] http://www.business2community.com/big-data/evaluating-big-data-predictive-analytics-01277835

[3] Ibid

[4] http://unglobalpulse.org/sites/default/files/BigDataforDevelopment-UNGlobalPulseJune2012.pdf

[5] Ibid, p.13, pp.5

[6] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[7] Helbing, Dirk , and Stefano Balietti. "From Social Data Mining to Forecasting Socio-Economic Crises." Arxiv (2011) 1-66. 26 Jul 2011 http://arxiv.org/pdf/1012.0178v5.pdf.

[8] Manyika, James, Michael Chui, Brad Brown, Jacques Bughin, Richard Dobbs, Charles Roxburgh andAngela H. Byers. "Big data: The next frontier for innovation, competition, and productivity." McKinsey

Global Institute (2011): 1-137. May 2011.

[9] "World Population Prospects, the 2010 Revision." United Nations Development Programme. <http://esa.un.org/unpd/wpp/unpp/panel_population.htm>

[10] Mobile phone penetration, measured by Google, from the number of mobile phones per 100 habitants, was 96% in Botswana, 63% in Ghana, 66% in Mauritania, 49% in Kenya, 47% in Nigeria, 44% in Angola, 40% in Tanzania (Source: Google Fusion Tables)

[11] http://www.brookings.edu/blogs/africa-in-focus/posts/2015/04/23-big-data-mobile-phone-highway-sy

[12] Ibid

[13] <http://www.google.com/fusiontables/Home/>

[14] "Global Internet Usage by 2015 [Infographic]." Alltop. <http://holykaw.alltop.com/global-internetusage-by-2015-infographic?tu3=1>

[15] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011 <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[16] Ibid

[17] Ibid

[18] Ibid

[19] Goetz, Thomas. "Harnessing the Power of Feedback Loops." Wired.com. Conde Nast Digital, 19 June 2011. <http://www.wired.com/magazine/2011/06/ff_feedbackloop/all/1>.

[20] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[21] Bollier, David. The Promise and Peril of Big Data. The Aspen Institute, 2010. <http://www.aspeninstitute.org/publications/promise-peril-big-data>

[22] Ibid

[23] Eagle, Nathan and Alex (Sandy) Pentland. "Reality Mining: Sensing Complex Social Systems",Personal and Ubiquitous Computing, 10.4 (2006): 255-268.

[24] Kirkpatrick, Robert. "Digital Smoke Signals." UN Global Pulse. 21 Apr. 2011. <http://www.unglobalpulse.org/blog/digital-smoke-signals>

[25] OECD, Future Global Shocks, Improving Risk Governance, 2011

[26] "Economy: Global Shocks to Become More Frequent, Says OECD." Organisation for Economic Cooperationand Development. 27 June. 2011.

[27] Friedman, Jed, and Norbert Schady. How Many More Infants Are Likely to Die in Africa as a Result of the Global Financial Crisis? Rep. The World Bank <http://siteresources.worldbank.org/INTAFRICA/Resources/AfricaIMR_FriedmanSchady_060209.pdf>

[28] Big data: The next frontier for innovation, competition, and productivity. McKinsey Global Institute,June 2011<http://www.mckinsey.com/mgi/publications/big_data/pdfs/MGI_big_data_full_report.pdf>

[29] The word "crowdsourcing" refers to the use of non-official actors ("the crowd") as (free) sources of information, knowledge and services, in reference and opposition to the commercial practice of

outsourcing. "

[30] Burke, J., D. Estrin, M. Hansen, A. Parker, N. Ramanthan, S. Reddy and M.B. Srivastava. ParticipatorySensing. Rep. Escholarship, University of California, 2006. <http://escholarship.org/uc/item/19h777qd>.

[31] "Crisis Mappers Net-The international Network of Crisis Mappers." <http://crisismappers.net>, http://haiti.ushahidi.com and Goldman et al., 2009

[32] Alex Pentland cited in "When There's No Such Thing As Too Much Information". The New York Times.23 Apr. 2011<http://www.nytimes.com/2011/04/24/business/24unboxed.html?_r=1&src=tptw>.

[33] Nathan Eagle also cited in "When There's No Such Thing As Too Much Information". The New YorkTimes. 23 Apr. 2011. <http://www.nytimes.com/2011/04/24/business/24unboxed.html?_r=1&src=tptw>.

[34] Helbing and Balietti. "From Social Data Mining to Forecasting Socio-Economic Crisis."

[35] Eysenbach G. Infodemiology: tracking flu-related searches on the Web for syndromic surveillance.AMIA (2006)<http://yi.com/home/EysenbachGunther/publications/2006/eysenbach2006cinfodemiologyamia proc.pdf>

[36] Syndromic Surveillance (SS)." Centers for Disease Control and Prevention. 06 Mar. 2012.<http://www.cdc.gov/ehrmeaningfuluse/Syndromic.html>.

[37] Health Map <http://healthmap.org/en/>

[38] see www.detective.io

[39] www.ushahidi.com

[40] www.facebook.com/BlackMondayMovement

[41] Ushahidi is a nonprofit tech company that was developed to map reports of violence in Kenya followingthe 2007 post-election fallout. Ushahidi specializes in developing "free and open source software for

information collection, visualization and interactive mapping." <http://ushahidi.com>

[42] Conducted by the European Commission's Joint Research Center against data on damaged buildingscollected by the World Bank and the UN from satellite images through spatial statistical techniques.

[43] www.ushahidi.com

[44] See https://tacticaltech.org/

[45] see www. flowminder.org

[46] Ibid

[47] http://post2015.unglobalpulse.net/

[48] http://allafrica.com/stories/201507151726.html

[49] Ibid

[50] Ibid

[51] http://www.computerworld.com/article/2948226/big-data/opinion-apple-and-ibm-have-big-data-plans-for-education.html

[52] Ibid

[53] http://www.grameenfoundation.org/where-we-work/sub-saharan-africa/uganda

[54] Ibid

[55] http://chequeado.com/

[56] http://datochq.chequeado.com/

[57] Times of India (2015): "Chandigarh May Become India's First Smart City," 12 January, http://timesofi ndia.indiatimes.com/india/Chandigarh- may-become-Indias-fi rst-smart-city/articleshow/ 45857738.cms

[58] http://www.cisco.com/web/strategy/docs/scc/ioe_citizen_svcs_white_paper_idc_2013.pdf

[59] Townsend, Anthony M (2013): Smart Cities: Big Data, Civic Hackers and the Quest for a New Utopia, New York: WW Norton.

[60] See "Street Bump: Help Improve Your Streets" on Boston's mobile app to collect data on roadconditions, http://www.cityofboston.gov/DoIT/ apps/streetbump.asp

[61] Mayer-Schonberger, V and K Cukier (2013): Big Data: A Revolution That Will Transform How We Live, Work, and Think, London: John Murray.

[62] http://www.epw.in/review-urban-affairs/big-data-improve-urban-planning.html

[63] Ibid

[64] Newman, M E J and M Girvan (2004): "Finding and Evaluating Community Structure in Networks,"Physical Review E, American Physical Society, Vol 69, No 2.

[65] http://www.sundaytimes.lk/150412/sunday-times-2/big-data-can-make-south-asian-cities-smarter-144237.html

[66] Ibid

[67] Ibid

[68] http://www.epw.in/review-urban-affairs/big-data-improve-urban-planning.html

[69] GSMA (2014): "GSMA Guidelines on Use of Mobile Data for Responding to Ebola," October, http:// www.gsma.com/mobilefordevelopment/wpcontent/ uploads/2014/11/GSMA-Guidelineson-

protecting-privacy-in-the-use-of-mobilephone- data-for-responding-to-the-Ebola-outbreak-_ October-2014.pdf

[70] An example of the early-stage development of a self-regulatory code may be found at http:// lirneasia.net/2014/08/what-does-big-data-sayabout- sri-lanka/

[71] See "Sri Lanka's Mobile Money Collaboration Recognized at MWC 2015," http://lirneasia. net/2015/03/sri-lankas-mobile-money-colloboration- recognized-at-mwc-2015/

[72] http://www.thedailystar.net/big-data-for-urban-planning-57593

[73] http://koreaherald.com , 19/01/2015

[74] http://www.news.cn/, 25/11/2014

[75] http://the-japan-news.com , 20/01/2015

[76] http://www.todayonline.com/singapore/can-big-data-help-tackle-mrt-woes

[77] Ibid

[78] Ibid

[79] http://edition.cnn.com/2015/06/24/tech/big-data-urban-life-singapore/

[80] Ibid

[81] Ibid

[82] http://venturebeat.com/2015/04/03/how-microsofts-using-big-data-to-predict-traffic-jams-up-to-an-hour-in-advance/

[83] Ibid

[84] https://www.hds.com/assets/pdf/the-hype-and-the-hope-summary.pdf

[85] http://www.news.cn , 14/01/2015

[86] http://www.techgoondu.com/2015/06/29/plugging-the-big-data-skills-gap/

[87] Ibid

[88] Ibid

[89] http://www.zdnet.com/article/dell-to-create-big-data-skills-in-brazil/

[90] Ibid

[91] Efrati, Amir. "'Like' Button Follows Web Users." The Wall Street Journal. 18 May 2011.

<http://online.wsj.com/article/SB10001424052748704281504576329441432995616.html>

[92] Krikpatrick, Robert. "Data Philanthropy: Public and Private Sector Data Sharing for Global Resilience."

UN Global Pulse. 16 Sept. 2011. <http://www.unglobalpulse.org/blog/data-philanthropy-public-privatesector-data-sharing-global-resilience>

[93] Laney D (2001) 3D data management: Controlling data volume, velocity and variety. Available at: http://blogs. gartner.com/doug-laney/files/2012/01/ad949-3D-DataManagement-Controlling-Data-Volume-Velocity-andVariety.pdf

[94] Boyd D and Crawford K (2012) Critical questions for Big Data: Provocations for a cultural, technological, and scholarly phenomenon. Information, Communication, & Society 15(5): 662-679.

For more details visit https://cis-india.org/internet-governance/blog/big-data-in-the-global-south-an-analysis

Network Neutrality Regulation across South Asia: A Roundtable on Aspects of Differential Pricing

praskrishna — 2016-01-17T02:41:13Z

The Centre of Internet and Society (CIS) in association with Observer Research Foundation, and IT For Change in collaboration with the Annenberg School for Communications at the University of Pennsylvania is pleased to announce a roundtable on ‘Network Neutrality Regulation Across South Asia: Aspects of Differential Pricing” that will take place on January 22, 2016 from 11.00 a.m. to 5.00 p.m. at TERI in Bangalore.

Download the Invite

The objective of this roundtable will be to look into the issue of differential pricing in light of TRAI’s recent consultation process, with the specific intention of research building. The network neutrality debate has gained significant momentum in India during the past year, with competing interests of internet service providers, OTTs and the public giving rise to important questions of ICT regulation and policy.

With Facebook looking to expand its zero rated walled garden, Free Basics, into nascent markets, differential pricing is an important point of regulatory policy not just in India, but in jurisdictions across South Asia. These countries have limited connectivity, large consumer potential and low internet penetration which bring to the fore questions of access, diversity, competition and innovation. To this end, the roundtable will seek to address the regulatory and market aspects of differential pricing as well as the impact on rights. Broadly, the roundtable will be forward looking and seek to build future research agendas.

Draft Agenda

11:00 – 11:30	Tea and Registration
11:30 – 12:30	Roundtable 1: Framing the issue: The practice of differential pricing Examples of differential pricing Stakeholder perspectives Competition and market effect of differential pricing Larger social consequences of differential pricing
12:30 – 1:00	Lunch
1:00 – 2:30	Roundtable 2: Regulatory response: Discerning governmental actions Locating public interest Moving from research to action
2:30 – 3:00	Tea
3:00 – 4:30	Roundtable 3: Impact on rights: Access Freedom of expression Privacy Equity and Social Justice
4:30 – 5:00	Discussion and research agenda building

Roundtable Questions:

Roundtable 1: FRAMING THE ISSUE:

What is differential pricing and how does it work? What are the technical components and policy components of differential pricing? What are examples of differential pricing?
What has been the response from different stakeholders to differential pricing schemes? What are the arguments for/against differential pricing?
What could be the market effect of differential pricing?
What are possible larger social impacts of differential pricing?

Roundtable 2: REGULATORY RESPONSE:

How have governments responded to differential pricing? What can these responses tell us about the position of governments?
What are the different components for consideration with developing a regulatory response? What are different forms of regulation for differential pricing?
What type of policy research around differential pricing can drive meaningful action?

Roundtable 3: IMPACT ON RIGHTS:

How does differential pricing impact the right to access, freedom of expression, privacy, and equity and social justice?
Are there ways to mitigate this impact through regulation? Market incentives? Company policy?
What are forms of redress that individuals could seek in the context of differential pricing?

For more details visit https://cis-india.org/internet-governance/events/network-neutrality-regulation-across-south-asia-a-roundtable-on-aspects-of-differential-pricing

Mobile India 2016

praskrishna — 2016-01-13T14:26:50Z

COMSNETS in association with Department of Electronics and Information Technology, Digital India, et.al. organized the event in Bangalore from January 5 to 9, 2016. Sunil Abraham participated as a speaker in Session 4: Law, regulation and policy of App Economy.

Mobile India 2016 is one of the first premier events and will be the curtain raiser for the App Economy revolution in the country. It is associated with The Eighth International Conference on COMmunication Systems NETworkS (COMSNETS), the world's premier international conference on networking and communications technology innovation.

Theme: App Economy: Interplay between Telcos and OTTs

The App Economy in India has been jumpstarted by the new age start-ups, commonly referred to as “Over The Top (OTT)” players. Compass (2015) upgraded Bengaluru from #19 to #15 in its Global Start-up Ecosystem Ranking, much to the delight of all of us. The app economy and the traditional economy are overlapping to a greater extent. Apps are being integrated into many traditional activities ranging from grocery shopping to calling a cab, a trend that is rapidly spilling revenue from almost every industry in the higher revenue traditional economy into the app economy. It is expected that the spill-overs are greater in emerging countries such as India where there are substantial inefficiencies in the traditional industries. This has also caught the attention of funding agencies. While more than $4 billion was invested in start-ups in India in 2014, the meter is up to $1.5 billion in Q1 of 2015, indicative of the promise of this sector of the economy.

Simultaneously, the telecom, mobile and Internet infrastructure backbone that is required for the app economy is also gearing up. Nationwide 3G mobile service is available and year 2016 is expected to be the “Year of 4G mobile”. Mobile broadband subscriber base is touching 100 Million and continues to grow at a quarterly growth rate of more than 15%.

Hence the interplay between telcos and OTTs are very important to bolster the app economy. Meanwhile, the “Net Neutrality” debate is also peaking with the world watching our policy steps on this issue closely.

Mobile India 2016 will explore opportunities and challenges of the App Economy and the interplay between Telcos and OTTs in four sessions with all stakeholders in the ecosystem. For more info, click here.

For more details visit https://cis-india.org/internet-governance/news/mobile-india-2016

The Creation of a Network for the Global South - A Literature Review

tanvi — 2016-02-04T13:13:20Z

I. Introduction

The organization of societies and states is predicated on the development of Information Technology and has begun to enable the construction of specialized networks. These networks aid in the mobilization of resources on a global platform.[1] There is a need for governance structures that embody this globalized thinking and adopt superior information technology devices to bridge gaps in the operation and participation of not only political functions but also economic processes and operations.[2] Currently, public institutions fall short of an optimum level of functioning simply because they lack the information, know-how and resources to respond effectively to this newly globalized and economically liberalized world order. Civil society is beginning to seek a greater participatory voice in both policy making and ideating, which require public institutions to institute a method of allowing this participation while at the same time retaining the crux of their functions and processes. The network society thus requires, As argued by Castells, a new methodology of social structuring, one amalgamating the analysis of social structure and social action within the same overarching framework.[3] This Network propounds itself as a 'dynamic, self-evolving structure, which, powered by information technology and communicating with the same digital language, can grow, and include all social expressions, compatible with each network's goals. Networks increase their value exponentially through their contribution to human resources, markets, raw materials and other such components of production and distribution.' [4]

As noted by Kevin Kelly,' The Atom is the past. The symbol of science for the next century is the dynamical Net.…Whereas the Atom represents clean simplicity, the Net channels the messy power of complexity. The only organization capable of nonprejudiced growth or unguided learning is a network. All other topologies limit what can happen. A network swarm is all edges and therefore open ended any way you come at it. Indeed the network is the least structured organization that can be said to have any structure at all. ..In fact a plurality of truly divergent components can only remain coherent in a network. No other arrangement - chain, pyramid, tree, circle, hub - can contain true diversity working as a whole .'[5]

A network therefore is integral to the facilitation, coordination and advocacy of different agenda within a singular framework, which seeks to formulate suitable responses to a wide range of problems across regions. An ideal model of a network would therefore be one that is reflective of the interconnectivity between relationships, strengthened by effective communication and based on a strong foundation of trust.

The most powerful element of a network is however the idea of a common purpose. The pursuit is towards similar ends and therefore the interconnected web of support it offers is in realization of a singular goal,

II. Evolution of the Network

There are certain norms that must be incorporated for a network to be able to work at its best. Robert Chambers, in his book, Whose Reality Counts? Identifies these norms and postulates their extension to every form of a network, in order to capture its creative spirit and aid in the realization of its goals.[6] A network should therefore ideally foster four fundamental elements in order to inculcate an environment of trust, encouragement and the overall actualization of its purpose. These elements are; Diversity or the encouragement of a multitude of narratives from diverse sources, Dynamism or the ability of participants to retain their individual identities while maintaining a facilitative structure, Democracy or an equitable system of decision making to enable an efficient working of the net and finally, Decentralization or the feasibility of enjoying local specifics on a global platform.[7]

In order to attain these ideal elements it is integral to strengthen certain aspects of the practice through performing specific and focused functions, these include making sure of a clear broad consensus, which ensures the co-joining of a common purpose. Additionally, centralization, in the form of an overarching set of rules must be kept to a minimum, in order to facilitate a greater level of flexibility while still providing the necessary support structure. The building of trust and solid relationships between participants is prioritized to enhance creative ideation in a supportive environment. Joint activities, more than being output oriented are seen as the knots that tie together the entire web of support. Input and participation are the foremost objectives of the network, in keeping with the understanding that "contribution brings gain". [8]

Significant management issues that plague networks include the practical aspects of bringing the network into function through efficient leadership and the consolidation of a common vision. A balanced approach would entail a common consultation on the goals of the network, the sources of funding and an agreed upon structure within which the network would operate. It is also important to create alliances outside of the sector of familiarity and ensure an inclusive environment for members across regions, allowing them to retain their localized individuality while affording them with a global platform. [9]

III. Structure

The structural informality of a network is essential to its sustenance. Networks must therefore ensure that they embody a non-hierarchized structure, devoid of bureaucratic interferences and insulated from a centralized system of control and supervision. This requires an internal system of checks and balances, consisting of periodic reviews and assessments. Networks must therefore limit the powers of supervision of the secretariat. The secretariat must allow for the coordination of its activities and allocate appropriate areas of engagement according to the relative strength of the participating members.

One form of a network structure, postulated within a particular research study is the threads, knots and Nets model. [10] It consists of members within a network bound together by threads of relationship, communication and trust. These threads represent the commonality that binds together the participants of the particular network. The threads are established through common ideas and a voluntary participation in the process of communication and conflict resolution. [11]

The knots represent the combined activities which the participants engage in, with the common goal of realizing a singular purpose. These knots signify an optimum level of activity, wherein members of the network are able to support, inspire and confer tangible benefits onto each other. The net represents the entire structure of the network, which is constructed through a confluence of relationships and common activities. [12] The structure is autonomous in nature and allows participants to contribute without losing their individual identities. It is also dynamic and flexible; incorporating new elements with relative ease. It is therefore a collaboration which affords onto its members the opportunity to expand without losing its purpose. The maintenance of such a structure requires constant review and repair, with adequate awareness of weak links or "threads" and the capability and willingness to knot them together with new participants, thereby extending the net.

For example, the Global Alliance for Vaccines and Immunization used a system of organizational "milestones" to monitor the progress of the network and keep the network concentrated. It requires a sustained institutional effort to fulfill its mandate of "the right of every child to be protected against vaccine-preventable diseases" and brings together international organizations, civil society and private industry. [13] As postulated within the Critical Choices research study of the United Nations, clearly defined milestones are integral to sustaining an effective support mechanism for donors and ensuring that all relevant participants are on board. [14] This also allows for donors to be made aware of the tangible outcomes that have been achieved by the network. Interim goals that are achievable within a short span of time also afford a sense of legitimacy onto the network, allowing it to deliver on its mandate early on. Setting milestones would require an in depth focus and a nuanced understanding of specific aspects of larger problems and delivering early results on these problems would allow for a foundational base of trust, on the foundation of which, a possibly long drawn out consultative process can be fixed.[15]

A Network might often find alliances outside of its sector of operation. For example, Greenpeace was able to make its voice heard in International Climate Change negotiations by engaging with private insurance companies and enlisting their support.[16] The organization looked towards the private sector for support to mobilize resources and enlist the requisite expertise within their various projects. [17]

A. Funding

The financial support a network receives is essential for its sustenance. The initial seed money it receives can be obtained from a single source however, cross sectoral financing is necessary to build a consensus with regards to issues that may be a part of the network's mandate. The World Commission for Dams (WCD), for example, obtains funding from multiple sources in order to retain its credibility. The sources of funding of the WCD include government agencies, multilateral organizations, business associations, NGO's and Government Agencies, without a single donor contributing more than 10% of the total funding it receives.[18] However, the difficulty with this model of funding is the relative complexity in assimilating a number of smaller contributions, which may take away from its capacity to expand its reach and enhance the scope of its work. Cross sectoral funding is less of a fundamental requirement for networks whose primary mandate is implementation, such as The Global Environment Facility (GEF), whose legitimacy is derived from intergovernmental treaties and is therefore only funded by governments.[19] The GEF has only recently broadened its sources of funding to include external contributions from the private sector.

A network can also be funded through the objective it seeks to achieve through the course of its activities. For example, Rugmark an international initiative which seeks to mitigate the use of child labor in South Asia uses an external on site monitoring system to verify and provide labels certifying the production of carpets without the use of child labor.[20] The monitors of this system are trained by Rugmark and carpet producers have to sign a binding agreement, undertaking not to employ children below the age of 14 in order to receive the certification. The funds generated from these carpets, for the import of which American and European importers pay 1% of the import value, are used to provide rehabilitation and education facilities for the children in affected areas. The use of these funds is reported regularly. [21]

The funding must be sustained for a few years, which is a difficult task for networks that require an overall consensus of participants. The greatest outcomes of the network are not tangible solutions to the problem but the facilitation of an environment which allows stakeholders to derive a tangible solution. Thus, the elements of trust, communication and collaboration are integral to the efficient functioning of the network. However, the lack of tangible outcomes exposes the funders to financial risks. The best way to reduce such risks is to institute an uncompromising time limit for the initiative, within which it must achieve tangible results or solutions that can be implemented. A less stringent approach would be to incorporate a system of periodic review and assessment of the accomplishments of the network, subsequent to which further recommendations may be made for a further course of action.[22]

B. Relationships

A three year study conducted by Newell & Swan drew definitive conclusions with respect to the inter-organizational collaboration between participants within a network. The study determined that there currently exist three types of trust; Companion trust or the trust that exists within the goodwill and friendship between participants, Competence trust, wherein the competence of other participants to carry out the tasks assigned to them is agreed upon and lastly, Commitment trust or the trust which is predicated on contractual or inter-institutional that are agreed upon. [23] While companion and competence trust are easily identifiable, commitment trust is more subjective as it is determined by the agreement surrounding the core values and overall identifiable aims. Sheppard & Tuchinsky refer to an identification based trust which is based on a collective understanding of shared values. Such a trust requires significant investment but they argue, "The rewards are commensurably greater and the he benefits go beyond quantity, efficiency and flexibility." [24] Powell postulates, "Trust and other forms of social capital are moral resources that operate in fundamentally different manner than physical capital. The supply of trust increases, rather than decreases, with use: indeed, trust can be depleted if not used." [25]

Karl Wieck endorses the "maintenance of tight control values and beliefs which allow for local adaptation within centralized systems." [26] The autonomy that participants within a network enjoy is therefore considered to be close to sacred, so as to allow them to engage with each other on an equitable footing, while still maintain their individual identities. Freedman and Reynders believe that networks place a so called 'premium' on " the autonomy of those linked through the network…..networks provide a structure through which different groups - each with their own organizational styles, substantive priorities, and political strategies - can join together for common purposes that fill needs felt by each. "[27] Consequently, lower the level of centralized control within a network, the greater the requirement of trust. Allen Nan resonates with this idea, as is evident from her review of coordinating conflict resolution NGO's. She believes that these NGO's are most effective when " beginning with a loose voluntary association which grows through relationship building, gradually building more structure and authority as it develops. No NGO wants to give away its authority until it trusts a networking body of people that it knows. " [28]

C. Communication and Collaboration

The binding force that ties together any network is the importance of relationships between participants and their interactions with organizations outside the network. Research has shown that face to face interaction works best and although email may be practical, a face-to-face meeting at regular intervals builds a level of trust amongst participants. [29] It is however important to prevent network from turning into 'self-selecting oligarchies' and to prevent this, there needs to be a balance drawn between goodwill and the trust in others' competence along with a common understanding of differently hierarchized values. [30]

There is also an impending need to develop a relationship vocabulary, as suggested by Taylor, which would be of particular use within transnational networks and afford a deeper understanding of cross cultural relationships.[31]

D. Participation

A significant issue that networks today have to address is how to inculcate and then subsequently maintain participation in the activities of the network. This would include providing incentives to participants, encouraging diversity and enabling greater creative inflow across sectors to generate innovative output. Participation involves three fundamental elements; Action, which includes active contribution in the form of talking, listening, commenting, responding and sharing information, Process, which aids in an equitable system of decision making and constructing relationships and the underpinned values associated with these two elements, which include spreading equality, inculcating openness and including previously excluded communities or individuals. [32] Participation in itself envisages a three leveled definition; participation as a contribution, where people offer a tangible input, participation as an organization process, where people organize themselves to influence certain pre-existing processes and participation as a form of empowerment where people seek to gain power and authority from participating.

In order to create an autonomous system of evaluating and monitoring the nature and context of participation, a network would have to attempt to systematically incorporate a few fundamental processes, such as; enabling an understanding of the dynamism of a network through an established criteria of monitoring the levels of participation of the members, creating an explicit checklist of qualifications of this participation, such as the contributions of the participants, the limits of commitment and the available resources that must be shared and distributed, acknowledging the importance of relationships as fundamental to the success of any network., building a capacity for facilitative and shared leadership, tracing the changes that occur when the advocacy and lobbying activities of individuals are linked and using these individuals as participants who have the power to influence policy and development at various levels.[33] Finally, the recognition that utilizing the combined faculties of the network would aid in the effectuation of further change is vital to sustaining an active participation in the network.[34] It is common for networks to stagnate simply because of the lack of clarity on what a network really is or what it entails. There are significant misconceptions as to the activities engaged in by the network, such as the idea that a network "works solely as a resource center, to provide information, material and papers, rather than as forums for two way exchanges of information and experiences," contribute to the misunderstanding regarding the participation requirements within a network.[35] To facilitate an active, participatory function of learning, a network needs to be more than a resource center that seeks to meet the needs of beneficiaries. While meeting these needs is essential, development projects tend to obfuscate the benefit/input relationship within a network, thus significantly depleting its dynamism quotient. [36]

One method of moving away from the needs based model is to create a tripartite functionary, as was created within a particular research study. [37] This involves A Contributions Assessment, A Weaver's Triangle for Networks and An identification of channels of participation.

Contributions Assessment is an analysis of what the participants within a network are willing to contribute. It enables the network to assess what resources it has access to and how those resources may be distributes amongst the participants, multiplied or exchanged. [38] This system is predicated on a premise of assessing what participants have to offer as opposed to what they need. It challenges the long held notion of requiring an evaluation to identify problems, to address which recommendations are made and in fact seeks to focus on the moments of excellence and enable a discussion on the factors that contributed to these moments. [39] It thus places a value on the best of "what is" as opposed to trying to find a plausible "what ought to be". This approach allows participants to recognize that they are in fact the real "resource Centre" of the network and are encouraged act accordingly.

A Contributions Assessment may be practically incorporated through a few steps. It must be focused on the contributions, after a discussion on who the contributors may be. The aims of the network must be clarified, along with a specification of the contributions required such as perhaps newsletters, a conference, policy analysis etc. The members of the network must be clear on what they would like to contribute to the network and how such contribution might be delivered. Finally, the secretariat must be able to ideate or innovate on how it can enable more contributions from the networks in a more effective manner. [40]

The Weaver's Triangle has been adapted to be applies within networks and enables participants to understand what the aims and activities of the network are. It identifies the overall aim of the network and the change the network seeks to bring about to the status quo. It then lays out the objectives of the network in the form of specific statements about the said differences that the network seeks to bring about. Finally, the network would have to explain why a particular activity has been chosen. [41] The base of the triangle reflects the specific activities that the network seeks to engage in to achieve the said objectives. The triangle is further divided into two, to ensure that action aims and process aims have equal weightage; this allows for the facilitation of an exchange and a connection between the members of the network. [42]

The Circles of Participation is an idea that has been put forth by the Latin American and Caribbean Women's Health Network. (LACWHN). [43] This Network has three differentiated categories of membership, which it uses to determine the degree of commitment of an organization to the network. R- refers to the members who receive the women's health journal, P refers to members who actively participate in events and campaigns and who are advisors for specific topics. PP refers to the permanent participants within the network at national and international levels. They also receive a journal. This categorization allows the network to make an assessment of the dynamism and growth of a network, with members moving through the categories depending on their levels of participation. [44]

An important space for contributions to the network is the newsletter. This can be facilitated by allowing contributions from various sources, provided they meet the established quality checks, ensuring a balance between regions of origin of the members of the network, ensuring a balance between the policy and program activities of the members and keeping the centralized editorial process to a minimum. This is in keeping with the ideal of a decentralized system of expression that allows each member to retain its individuality while still contributing to the aims of the network. The Women's Global Network on Reproductive Rights (WGNRR) sought to create a similar system of publication to measure the success of their linkages, the levels of empowerment amongst members, in terms of strategizing and enabling localized action and the allocation of space in a fair and equitable manner. [45] Another Network, Creative Exchange customizes its information flow within the network so that each member only receives the information it expresses interest in.[46] This prevents the overburdening of members with unnecessary information.

The activities of the network which don't directly pass through the secretariat or the coordinator of the network can be monitored efficiently by keeping I close contact with new entrants to the network and capturing the essence of the activities that occur on the fringes of the network. This would allow an assessment of the diversity of the network. For example, Creative exchange sends out short follow up emails to determine the number and nature of contacts that have been made subsequent to a particular item in the newsletter. The UK Conflict Development and Peace Network (CODEP) records the newest subscribers to the network after every issue of their newsletter and AB Colombia sends out weekly news summaries electronically which are available for free to recipients who provide details of their professional engagements and why or how they wish to use these summaries. [47] This enables the mapping of the type of recipients the information reaches.

E. Leadership and Coordination

Sarason and Lorentz postulate four distinguishing characteristics that capture the creativity and expertise required by individuals leading and coordinating networks.[48] Knowledge of the territory or a broad understanding of the type of members, the resources available and the needs of the members is extremely important to facilitate an ideal environment of mutual trust and open dialogue between the members. Scanning the network for fluidity and assessing openings, making connections and innovating solutions would enable an efficient leadership that would contribute to the overall dynamism of the network. In addition to this, perceiving strengths and building on assets of existing resources would allow the network to capitalize on its strengths. Finally, the coordinators of a network must be a resource to all members of the network and thus enable them to create better and more efficient systems. They must therefore exercise their personal influence over members wherever required for the overall benefit of the network. Practically, a beneficial leadership would also require an inventive approach by providing fresh and interesting solutions to immediate problems. A sense of clarity, transparency and accountability would also encourage members of the network to participate more and engage with each other. It is important for the leadership within a network to deliver on expectations, while building consensus amongst its members.

A shared objective, a collaborative setting and a constant review of strategies is important to maintain linkages within a network. Responsible relationships underpinned by values and supported by flows of relevant information would allow an effective and fruitful analysis by those who are engaged within a network to do the relevant work. In addition to this, a respect for the autonomy of the network is essential.

F. Inclusion

Public policy networks are more often than not saturated with the economic and social elite from across the developed world. A network across the Global South would have to change this norm and extend its ambit of membership to grass root organizations, which might not have otherwise had the resources or the opportunity to be a part of a network.[49] Networks can achieve their long term goals only if they are driven by the willingness to include organizations from across economic demographics. This would ensure that their output is the result of a collaborative process that takes into account cross cultural norms and differentials across economic demographics.

The participation of diverse actors is reflective of the policy making processing having given due regard to on the ground realities and being sensitive towards the concerns of differently placed interest groups. Networks have been accused of catering only to the needs of industrial countries and subscribing to values of the global north thus stunting local development and enforcing double standards. This tarnishes the legitimacy of the processes inculcated within the network itself. It is therefore all the more essential that a network focused on the global south have a diverse collection of members from across backgrounds and economic contexts. Additionally, the accountability of the network to civil society is dependent on the nature of the links it maintains with the public. Inclusion thus fosters a sense of legitimacy and accountability. The inclusion of local institutions from the beginning would also increase the chances of the solutions provided by the network, being effectively implemented. Local inclusion affords a sense of responsibility and ensures that the network would remain sustainable in the long run. Allowing local stakeholders to take ownership of the network and participate in the formulation of policies, engage in planning and facilitate participation would enable an efficient addressing of significant public policy issues. [50] Thus networks would need to create avenues for participation of local institutions and civil society to engage in a democratic form of decision making.

III. Evaluation

The process of evaluation of a network is most efficiently effectuated through a checklist that has been formulated within a research study for the purpose of evaluating its own network. [51]

This checklist enumerates the various elements that have to be taken into consideration while evaluating the success of a network, as follows;

FIG 1.[52]

1. What is a network? 'Networks are energising and depend crucially on the motivation of members' (Networks for Development, 2000:35) This definition is one that is broadly shared across the literature, although it is more detailed than some. A network has: A common purpose derived from shared perceived need for action Clear objectives and focus A non-hierarchical structure A network encourages Voluntary participation and commitment The input of resources by members for benefit of all A network provides Benefit derived from participation and linking 2. What does a network do? Facilitate shared space for exchange, learning, development - the capacity-building aspect Act for change in areas where none of members is working in systematic way - the advocacy, lobbying and campaigning aspect Include a range of stakeholders - the diversity/ broad-reach aspect 3. What are the guiding principles and values? Collaborative action Respect for diversity Enabling marginalised voices to be heard Acknowledgement of power differences, and commitment to equality 4. How do we do what we do, in accordance with our principles and values? Building Participation Knowing the membership, what each can put in, and what each seeks to gain Valuing what people can put in Making it possible for them to do so Seeking commitment to a minimum contribution Ensuring membership is appropriate to the purpose and tasks Encouraging members to be realistic about what they can give Ensuring access to decision-making and opportunities to reflect on achievements Keeping internal structural and governance requirements to a necessary minimum. Building Relationships and Trust Spending time on members getting to know each other, especially face-to-face Coordination point/secretariat has relationship-building as vital part of work Members/secretariat build relations with others outside network - strategic individuals and institutions Facilitative Leadership (may be one person, or rotating, or a team) Emphasis on quality of input rather than control Knowledgeable about issues, context and opportunities, Enabling members to contribute and participate Defining a vision and articulating aims Balancing the creation of forward momentum and action, with generating consensus Understanding the dynamics of conflict and how to transform relations Promoting regular monitoring and participatory evaluation Have the minimum structure and rules necessary to do the work. Ensure governance is light, not strangling.Give members space to be dynamic Encourage all those who can make a contribution to the overall goal to do so, even if it is small. Working toward decentralised and democratic governance At the centre, make only the decisions that are vital to continued functioning. Push decision-making outwards. Ensure that those with least resources and power have the opportunity to participate in a meaningful way. Building Capacity Encourage all to share the expertise they have to offer. Seek out additional expertise that is missing. 5. What are the evaluation questions that we can ask about these generic qualities? How do each contribute to the achievement of your aims and objectives? Participation What are the differing levels or layers of participation across the network? Are people participating as much as they are able to and would like? Is the membership still appropriate to the work of the network? Purpose and membership may have evolved over time Are opportunities provided for participation in decision-making and reflection? What are the obstacles to participation that the network can do something about? Trust What is the level of trust between members? Between members and secretariat? What is the level of trust between non-governing and governing members? How do members perceive levels of trust to have changed over time? How does this differ in relation to different issues? What mechanisms are in place to enable trust to flourish? How might these be strengthened? Leadership Where is leadership located? Is there a good balance between consensus-building and action? Is there sufficient knowledge and analytical skill for the task? What kind of mechanism is in place to facilitate the resolution of conflicts? Structure and control How is the structure felt and experienced? Too loose, too tight, facilitating, strangling? Is the structure appropriate for the work of the network? How much decision-making goes on? Where are most decisions taken? Locally, centrally, not taken? How easy is it for change in the structure to take place? Diversity and dynamism How easy is it for members to contribute their ideas and follow-through on them? If you map the scope of the network through the membership, how far does it reach? Is this as broad as intended? Is it too broad for the work you are trying to do? Democracy What are the power relationships within the network? How do the powerful and less powerful interrelate? Who sets the objectives, has access to the resources, participates in the governance? Factors to bear in mind when assessing sustainability Change in key actors, internally or externally; succession planning is vital for those in central roles Achievement of lobbying targets or significant change in context leading to natural decline in energy; Burn out and declining sense of added value of network over and above every-day work. Membership in networks tends to be fluid. A small core group can be a worry if it does not change and renew itself over time, but snapshots of moments in a network's life can be misleading. In a flexible, responsive environment members will fade in and out depending on the 'fit' with their own priorities. Such changes may indicate dynamism rather than lack of focus. Decision-making and participation will be affected by the priorities and decision-making processes of members' own organisations. Over-reaching, or generating unrealistic expectations may drive people away Asking same core people to do more may diminish reach, reduce diversity and encourage burn-out

V. Learning and Recommendations

In order to facilitate the optimum working of a network several factors need to be taken into consideration and certain specific processes have to be incorporated into the regular functioning of the network. These are for example,

Ensuring that the evaluation of the network occurs at periodic intervals with the requisite level of attention to detail and efficiency to enable an in depth recalibration of the functions and processes of the network. To this effect, evaluation specialists must be engaged not just at times of crises or instability but as accompaniments to the various processes undertaken by the network. This would enable a holistic development of the network.
It is also important to understand the underlying values that define the unique nature of the network. The coordination of the network, its functions and its activities are intrinsically linked to these values and recognition of this element of the network would enable a greater functionality in the overall operation of the network.
A strong relationship between the members of the network, predicated on trust and open dialogue is essential for its efficient functioning. This would allow the accumulation of innovative ideas and dynamic thought to direct the future activities of the network.
The Secretariat or coordinator of the network must be able to engage the member in monitoring and evaluating the progress of the network. One method of enabling this coordination is through the institution of 'participant observer' methods at international conferences or meetings, which allow the members of the network to report back on the work that they have, which is linked to the work of other members.
The autonomy of a network and its decentralized mechanism of functioning are integral to retain the individuality of its members, who seek to pursue institutional objectives. The members seek to facilitate creative thinking and share ideas and this must be supported by financial resources. A strong bond of trust between the members of a network is therefore essential to enable long term commitments and the flourishing of interpersonal communication between members.
It is important that the subject area of operation of the network be comprehensively defined before the network comes into existence.
As seen with the experience of Canadian Knowledge Networks, it is beneficial to be selective in inviting participant to the network and following a rigorous process of review and selection would ensure that only the best candidates are selected so as to facilitate effective partnerships with other networks, as a result of demonstrable expertise within a particular field.
The management of a network must be disciplined, with clearly demarcated project deadlines and an optimum level of transparency and accountability. At the helm of leadership of every successful network, there has been intelligent, decisive and facilitative exchange, which is essential in securing a durable and potentially expandable space for the network to operate in.

A. Canadian Perspectives

A study of Canadian experiences was conducted by examining The Centers of Excellence and the Networks of Centers of Excellence (NCEs), which were funded through three Federal Granting Councils.[53] An initial observation that was made through the course of this study was that each network is intrinsically different and there is no uniform description which would fit all of them. The objectives of the Networks of Centers of Excellence Program are broadly, as follows; to encourage fundamental and applied research in fields which are critical to the economic development of Canada, to encourage the development and retention of world class scientists and engineers specializing in essential technologies, to manage multidisciplinary, cross sectoral national research programs which integrate stakeholder priorities through established partnerships and finally, to accelerate the exchange of research results within networks by accelerating technology transfers, made to users for social and economic development. [54] Extensive interviews carried out in the course of the research conducted by the ARA Consulting Group Inc. drew up particularly relevant conclusions with respect to the NCEs.

Firstly, they have been able to produce significant "cultural shifts" among the researchers associated with the network. This is attributed to the network facilitating a collaborative effort amongst researchers as opposed to their previous working, which was largely in isolation. The benefits of this collaboration have been identified as providing innovative ideas and leading the research itself in unprecedented directions. This has the effect of equipping Canada with the capability to compete on a global level with respect to its research endeavors. The culture shift has also allowed researchers to be more aware of the problems that plague industry and has instigated more in depth research into the development of the industrial sector. Government initiatives that have attempted to cohesively apply academic research to industry have had limited success. The NCE's however have managed to successfully disintegrate the barriers between these two seemingly disparate fields. This has resulted in a faster and more effective system of knowledge dissemination resulting in durable and self-sustaining economic development, which takes place at a faster rate. The NCE's have also been able to contribute to healthcare, wellness and overall sustainable development through their cross sectoral research approach, a model that can be used worldwide.

Another tangible effect has been that the relationship between industry and academic research is evolving into a positive and collaborative exchange, as opposed to the previous state which was largely isolationist, bordering on confrontational.[55] A possible cause of this is the increased representation of companies in the establishment of networks resulting in them influencing the course of research. This has not been met with any resistance from academic researchers who are driven by the imperative of an open publication. [56] Besides influencing the style of management, industrial representation has also brought about an increase in the level of private sector financial contributions made to NCEs. It is believed that these NCEs may even be able to support themselves in the next 7-8 years through the funding they receive from the commercialization of their research.

A third benefit that has emerged is the faster rate of production of new knowledge and innovative thinking. This is the result of collaborative techniques which is made more efficient through the use of modern technology. The increasing number of multi authored cross institutional scholarly publications made available by the NCE is evidentiary of this trend. The rate and quantity of technology transfers has also increased exponentially as a result of this. Knowledge networks also facilitate the mobilization of human resources and address cross disciplinary problems, resulting in an efficient and synergistic solutions. Their low cost, fast pace approach has been instrumental in constructing an understanding of and capacity to engage in sustainable development.

The significant contributions to sustainable development include the Canadian Genetic Diseases Network, which has discovered two specific genes that cause early onset Alzheimer's disease. The Sustainable Forest Management Network has claimed that its research does have a considerable level of influence on the industrial approach to sustainability. The Canadian Bacterial Disease Network conducts research on bacterially caused diseases which are mostly prevalent in developing countries, with a view to produce antibiotics and vaccines that may be able to successfully combat these vaccines. TeleLearning, another such network is working on the creation of software environments which will form the basis of technology based education in the future. [57] The greatest advantage of these knowledge networks is that they have been able to surpass traditional disciplinary barriers and have emerged at the forefront of interdisciplinary articulation, which is emerging as the path to breakthroughs in the fields of applied sciences and technology in the future. The NCE's have also been able to provide diverse working environments for graduate students, where they have been able to work under scientists associated with different specializations and across different departments. They have also been able to interact with government and industry representatives, giving them a far greater exposure of the field and equipping them to avail of a wide range of employment opportunities.

The corporate style of management incorporated within the NCEs encourages a sense of discipline and an enthusiasm for innovation. The Board of Directors at NCE's take on a perfunctory role and function as a typical corporate board. Researchers are therefore required to provide regular reports and meet deadlines to achieve predetermined goals that have been agreed upon. The new paradigm of sustainable development and the fluid transfer of knowledge requires this structure of management, even within a previously strictly academically oriented environment. NCEs have been incorporated as non-profit corporation for largely legal reasons such as the ownership of intellectual property.

The participation to these networks is restricted and is open only through an invitation, in the form of a submission of project proposals under a particular theme, with the final selection being made subject to a rigorous process of evaluation. This encourages the participants of the network to embody a degree of discipline and carry out their activities in a constructive, time bound manner.

B. Perceived Challenges

These knowledge networks, although extremely beneficial in the long run, do have certain specific issues that need to be addressed. Firstly, most formal knowledge networks do not have a formalized communication strategy. While they do make use of various forms of telecommunication, this communication is is no way formally directed or specific. Although some networks have managed to set up a directed communications strategy, supplemented by the involvement of specifically communications based networks (such as CANARIE) , there is still a long way to go in this area.

As is evident with most academic endeavors in recent years, efficient and sustained development both in terms of economy as well as self-sustenance, requires a smooth transitioning to a close collaboration with the industry. Although the NCE's have made progress in this area, a lesson that can be learnt from this is that knowledge networks do require a collaborative arrangement between researchers, the industry and the financial sector. [58] The nature of this collaboration cannot be predicted before tangible research outputs are developed that reflect the relevance of academia in the industrial and financial sectors. A particular network, PENCE has mandated that the boards of directors include a representative of the financial sector. This is a step forward in opening the doors to greater collaboration and mutually assured growth and sustainable development in both academia as well as the industrial and financial sectors.

As with all knowledge networks there is a continuous need for expansion of the focus areas to cover more fields and instigate research in neglected areas. The largest number of networks has been in the fields of healthcare and health associated work. However there is an impending need for networks to be established in other fields as well, such as those related to environmental issues, social dynamics and the general quality of life. [59]

The Canadian experience has resulted in a nuanced understanding of specific actions that need to be taken to strengthen knowledge networks across the spectrum. Firstly, there is an impending need to build new knowledge networks, which would be required to strengthen institutions upon which the networks are based. These include universities and research institutions, which have been weakened both financially and academically over the past few years. The NCE Program, on the face of it, seems to be strengthening universities, by attracting funding for research endeavors that would otherwise not be available to them. While this may be true, it tends to obfuscate the true nature of a university as an intellectual community, by portraying it as a funding source for research and equipment.[60] The deteriorating role of the university in fostering research and laying the foundation of an intellectual community can be reversed by the competition posed by the NCEs which tend to threaten its stature in the fields of multi-disciplinary and graduate institution. Another aspect that needs to be considered is the role of knowledge networks in fostering sustainable development not only on a national or regional scale but on a global level. This can be effectuated by allowing the amalgamation of the academia and industry through ample representation, a model that has proven to be effective within the NCEs. This is all the more relevant today where multinational corporations hold considerable sway over the global economy, so much so that the role of governments in regulating this economy is gradually decreasing. Multilateral investment treaties and agreements are reflective of this.

The final issue is that of the long standing debate between public good and proprietary knowledge. Canadian knowledge networks are of the opinion that knowledge must be freely disseminated. However, certain networks including the NCEs grant the exclusive right of the development and application of this knowledge to specific industry affiliates. On one hand this facilitates further investment into the research, which creates better products, new jobs and further social development. This is predicated on a fine balance of allowing this development without widening the already disparate socio-economic gaps that exist between developed and developing countries. Thus the balance between public good and propriety knowledge must be effectively managed by the regulatory role discharged by the governments and the decision making faculties of these knowledge networks. [61]

Establishing international linkages across networks based within different regions across the world would also be an effective means of ensuring effective partnerships and the creation of a new, self-sustaining structure. This would bring new prospects of funding into sustainable development activities and engage industrial affiliates with international development activities.

C. Donor Perspectives

The International Development Research Centre, based in Canada has also been instrumental in the setting up of support structures for networks. The IDRC has remained consistent in its emphasis of networks as mechanisms of linking scientists engaged in similar problems across the globe instead of as mechanisms to fund research in countries. This has afforded the IDRC with a greater level of flexibility in responding to the needs of developing countries as well as responding to the financial pressures within Canada to deliver superior technical support with a reduction in overheads. The IDRC sees networking an indispensable aspect of scientific pursuit and technological adaptation in the most effective manner. It is currently supporting four specific types of networks; horizontal networks which link together institutions with similar areas of specialization, vertical networks which work on disparate aspects of the same problem of different but interrelated problems, information networks which provide a centralized form of information service to members, which enables them to exchange information in the manner necessary and finally training networks which provide supervisory services to independent participants within the network.[62]

(I) Internal Evaluations

There is an outstanding need to monitor visits that are undertaken by the coordinator or the specific representatives of the member or donor as applicable. This would expedite the process of identifying problems and aid in deriving tangible solutions in an efficient manner. The criteria for the assessment would vary depending on the goals of the organization. Donors may pose questions with respect to the cost effectiveness of a particular pattern of research and may seek a formal report regarding this aspect. A more extensive model of donor evaluations may even include assessments with respect to the monitoring and coordination of specific functions.

(II) External Evaluations

A system of external evaluation would be useful with assessing data with respect to the operations of programs and their objectives. This would engage newer participants by injecting newer ideas and insights into the management and scope of the network. The most extensive method of network evaluation was one that was postulated by Valverde [63] and reviewed by Faris [64]. It aimed to draw an analysis of particular constraints and specific elements that would influence the execution of network programs. This method identifies a list of threats, opportunities, strengths and weaknesses which would inform future recommendations. The Valverde method makes use of both formal as well as informal data which is varied depending on the type of network and the management structure it employs.[65]

(III) Financial Viability

A network almost always requires external resources to aid in the setting up and coordination of its activities. Donor agencies must recognize the long term commitment that is required in this respect. It is therefore essential that the period for which this funding will be made available be clarified at the outset, to leave agencies with ample time to plan for the possibility of cessation of external financial support. [66] As concluded from the findings of the research study, although most networks are offered external support, it is primarily technology transfer and information networks that have been able to generate the bulk of funding in this respect. They have been able to obtain this financial assistance from a variety of sources including participating organizations as well as governments. [67] The funding for purely research networks however are inconsistent and the networks would have to plan in advance for a possible cessation of financial support.[68]

(IV) Adaptability

From the perspective of donors, the degree of adaptability and level of responsiveness of a particular network is especially relevant in assessing the coordination, control and leadership of a particular network. A network that is plagued by ineffective leadership and the lack of coordination is unable to adapt to changing circumstances and meet the needs of its participants. A combination of collaborative effort, a localized approach and far-sighted leadership instills in the participants of the network a sense of comfort in its processes and in the donors a faith in its ability to address topical issues and remain relevant.

(V) The Exchange of Information

As noted by Akhtar, a network is created to respond to the growing need to improve channels of information exchange and communication. [69] Information needs to be tailored to suit its users and must be disseminated accordingly. The study conducted has concluded that information networks that are engaged in the transfer of technology are inefficient in disseminating internally derived information and recognizing the needs of their users.[70] Given that these networks are especially user oriented this systemic failure is extremely problematic. There is also a need to review the mechanism of transferring strategic research techniques and the approaches employed in dealing with developing countries. Special attention must be paid to the beneficiaries of a particular network so that the research conducted is directed towards that particular demographic. This is especially relevant for information networks, which from the evaluation; appear to be generating data but not considering who would be using these services.[71]

(VI) Capacity Building

Facilitating the training of individuals both on a formal and informal level has led to an enhance level of research and reporting, as well as the designing of projects. There is however a need to tailor this training to suit the needs of the participants of a particular network. Networks which have been able to provide inputs which are not ordinarily locally provided have instigated the establishment of national and regional institutions. [72]

(VII) Cost Effectiveness

It is important to note however that networks need to employ the most cost effective mechanism of delivering support services to national programs. A network must work in a manner that allows for enough individual enterprise but at the same time follows a collaborative model to generate more effective and relevant research within a short span of time and through the utilization of minimum resources. The Caribbean Technology Consultation Services (CTCS) for example was found to be far more cost effective and in fact 50% cheaper than the services of the United Nations Industrial Development Organization. [73] Similarly, the evaluators of the LAAN found that funding a network was significantly cheaper than finding individual research projects.[74]

[1] Castells, Manuel (2000) "Toward a Sociology of the Network Society" Contemporary Sociology, Vol

29 (5) p693-699

[2] Reinicke, Wolfgang H & Francis Deng, et al (2000) Critical Choices: The United Nations, Networks

and the Future of Global Governance IDRC, Ottawa

[3] Supra ., n.1, p.697

[4] Ibid

[5] Supra n.1, p.61

[6] Chambers, Robert (1997) Whose Reality Counts? Putting the First Last Intermediate Technology

Publications, London

[7] Ibid

[8] Chisholm, Rupert. F (1998) Developing Network Organizations: Learning from Practice and Theory

Addison Wesley

[9] Brown, L. David. 1993. "Development Bridging Organizations and Strategic

Management for Social Change." Advances in Strategic Management 9.

[10] Madeline Church et al, Participation, Relationships and Dynamic change: New Thinking On Evaluating The Work Of International Networks Development Planning Unit, University College London (2002), p. 16

[11] Ibid

[12] Ibid

[13] Reinicke, Wolfgang H & Francis Deng, et al (2000) Critical Choices: The United Nations, Networks

and the Future of Global Governance IDRC, Ottawa, p.61

[14] Ibid

[15] Ibid

[16] Supra n.13, p. 65

[17] Ibid

[18] Supra n. 13, p. 62

[19] Ibid

[20] Supra n. 13, p. 63

[21] Ibid

[22] Supra n. 13, p. 64

[23] Newell, Sue & Jacky Swan (2000) "Trust and Inter-organizational Networking" in Human Relations,

Vol 53 (10)

[24] Sheppard, Blair H & Marla Tuchinsky (1996) "Micro-OB and the Network Organisation" in Kramer, R.

And Tyler T. (eds) Trust in Organisations, Sage

[25] Powell, Walter W (1996) "Trust-based forms of governance" in Kramer, R. And Tyler T. (eds) Trust in

Organisations , Sage

[26] Stern, Elliot (2001) "Evaluating Partnerships: Developing a Theory Based Framework", Paper for

European Evaluation Society Conference 2001, Tavistock Institute

[27] Freedman, Lynn & Jan Reynders (1999) Developing New Criteria for Evaluating Networks in Karl, M.

(ed) Measuring the Immeasurable: Planning Monitoring and Evaluation of Networks, WFS

[28] Allen Nan, Susan (1999) "Effective Networking for Conflict Transformation" Draft Paper for

International Alert./UNHCR Working Group on Conflict Management and Prevention

[29] Supra n. 10, p. 20

[30] Ibid

[31] Taylor, James, (2000) "So Now They Are Going To Measure Empowerment!", paper for INTRAC 4th

International Workshop on the Evaluation of Social Development, Oxford, April

[32] Karl, Marilee (2000) Monitoring And Evaluating Stakeholder Participation In Agriculture And Rural

Development Projects: A Literature Review, FAO

[33] Supra n. 10, p.25

[34] Ibid

[35] Supra n. 10, p. 26

[36] Ibid

[37] Supra n. 10, p.27

[38] Ludema, James D, David L Cooperrider & Frank J Barrett (2001) "Appreciative Inquiry: the Power of

the Unconditional Positive Question" in Reason, P. & Bradbury, H. (eds) Handbook of Action

Research , Sage

[39] Ibid

[40] Supra n. 10, p. 29

[41] Ibid

[42] Ibid

[43] Sida (2000) Webs Women Weave, Sweden, 131-135

[44] Ibid

[45] Dutting, Gisela & Martha de la Fuente (1999) "Contextualising our Experiences: Monitoring and

Evaluation in the Women's Global Network for Reproductive Rights" in Karl, M. (ed) Measuring the

Immeasurable: Planning Monitoring and Evaluation of Networks , WFS

[46] Supra n. 10, p. 30

[47] Supra n. 10, p. 32

[48] Allen Nan, Susan (1999) "Effective Networking for Conflict Transformation" Draft Paper for

International Alert./UNHCR Working Group on Conflict Management and Prevention

[49] Supra n. 13, p. 67

[50] Supra n. 13, 68

[51] Supra n 10, 36

[52] See Madeline Church et al, Participation, Relationships and Dynamic change: New Thinking On Evaluating The Work Of International Networks Development Planning Unit, University College London (2002), p. 36-37

[53] The three granting councils are: the Natural Sciences and Engineering Research Council (NSERC),

the Social Sciences and Humanities Research Council (SSHRC), and the Medical Research Council

(MRC).

[54] Howard C. Clark, Formal Knowledge Networks: A Study of Canadian Experiences, International Institute for Sustainable Development 1998, p. 16

[55] Ibid, p. 18

[56] Ibid, p. 18

[57] Ibid, p. 19

[58] Ibid , p 21

[59] Ibid , p. 22

[60] Ibid, p. 31

[61] Ibid

[62] Terry Smutylo and Saidou Koala, Research Networks: Evolution and Evaluation from a Donor's Perspective, p. 232

[63] Valverde, C. 1988, Agricultural research networking : Development and evaluation, International Services for National Agricultural Research, The Hague, Netherlands. Staff Notes (18-26 November 1988)

[64] Faris, D.G 1991, Agricultural research networks as development tools: Views of a network coordinator, IDRC, Ottawa, Canada, and International Crops Research Institute for the Semi-Arid Tropic, Patancheru, Andhra Pradesh, India

[65] Supra n. 62

[66] Terry Smutylo and Saidou Koala, Research Networks: Evolution and Evaluation from a Donor's Perspective, p. 233

[67] ibid

[68] Ibid

[69] Akhtar, S. 1990. Regional Information Networks : Some Lessons from Latin America. Information Development 6 (1) : 35-42

[70] Ibid, p. 242

[71] Ibid, p. 242

[72] Ibid., p. 243

[73] Stanley, J.L and Elwela, S.S.B 1988, Evaluation report for the Caribbean Technology Consultancy Services (CTCS), CTCS Network Project (1985-1988) IDRC Ottawa, Canada

[74] Moreau,L. 1991, Evaluation of Latin American Aqualculture Network. IDRC, Ottawa, Canada

For more details visit https://cis-india.org/internet-governance/blog/the-creation-of-a-network-for-the-global-south-a-literature-review

Elite Capture of Governance in Bangalore

praskrishna — 2016-01-12T16:28:20Z

Vanya Rakesh participated in the event held in Bangalore on December 16, 2015.

This was a public consultation on the TENDER Sure Road project, discussing elite capture of Governance in Bangalore by way of this project. The panel comprised of experts to lead the consultation, followed by views of the society members on this issue. The panel discussion was organised by the Forum for Urban Governance and Commons. For more info click here.

For more details visit https://cis-india.org/internet-governance/news/elite-capture-of-governance-in-bangalore

What are People's Rights in Digital World

praskrishna — 2016-01-12T01:51:53Z

Vanya Rakesh participated in this workshop organized by IT for Change on December 4, 2015 in Bangalore.


Above: Participants from the workshop

This workshop by IT for Change to build conceptions of rights with regard to the digital realm based on our tacit formative consciousness about them and undertake such an exercise to draw the first outlines of the social contract that must underpin our pervasively digital existence. IT for Change brought together thought leaders engaged in rights frameworks (including rights activists across domains and digital rights activists) to participate in this preliminary inquiry, to build from scratch a conception of what constitutes an equitable and just digital society, and what individual and collective rights would be commensurate to such a conception.

For more info click here.

For more details visit https://cis-india.org/internet-governance/news/what-are-peoples-rights-in-digital-world

A Critique of Consent in Information Privacy

Amber Sinha and Scott Mason — 2016-01-18T02:20:10Z

The idea of informed consent in privacy law is supposed to ensure the autonomy of an individual in any exercise which involves sharing of the individual's personal information. Consent is usually taken through a document, a privacy notice, signed or otherwise agreed to by the participant.

Notice and Consent as cornerstone of privacy law
The privacy notice, which is the primary subject of this article, conveys all pertinent information, including risks and benefits to the participant, and in the possession of such knowledge, they can make an informed choice about whether to participate or not.

Most modern laws and data privacy principles seek to focus on individual control. In this context, the definition by the late Alan Westin, former Professor of Public Law & Government Emeritus, Columbia University, which characterises privacy as "the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to other," ^{^[1]} is most apt. The idea of privacy as control is what finds articulation in data protection policies across jurisdictions beginning from the Fair Information Practice Principles (FIPP) from the United States. ^{^[2]} Paul Schwarz, the Jefferson E. Peyser Professor at UC Berkeley School of Law and a Director of the Berkeley Center for Law and Technology, called the FIPP the building blocks of modern information privacy law. ^{^[3]} These principles trace their history to a report called 'Records, Computers and Rights of Citizens'^{^[4]} prepared by an Advisory Committee appointed by the US Department of Health, Education and Welfare in 1973 in response to the increasing automation in data systems containing information about individuals. The Committee's mandate was to "explore the impact of computers on record keeping about individuals and, in addition, to inquire into, and make recommendations regarding, the use of the Social Security number."^{^[5]} The most important legacy of this report was the articulation of five principles which would not only play a significant role in the privacy laws in US but also inform data protection law in most privacy regimes internationally^{^[6]} like the OECD Privacy Guidelines, the EU Data Protection Principles, the FTC Privacy Principles, APEC Framework or the nine National Privacy Principles articulated by the Justice A P Shah Committee Report which are reflected in the Privacy Bill, 2014 in India. Fred Cate, the C. Ben Dutton Professor of Law at the Indiana University Maurer School of Law, effectively summarises the import of all of these privacy regimes as follows:

"All of these data protection instruments reflect the same approach: tell individuals what data you wish to collect or use, give them a choice, grant them access, secure those data with appropriate technologies and procedures, and be subject to third-party enforcement if you fail to comply with these requirements or individuals' expressed preferences"^{^[7]}

This makes the individual empowered and allows them to weigh their own interests in exercising their consent. The allure of this paradigm is that in one elegant stroke, it seeks to "ensure that consent is informed and free and thereby also to implement an acceptable tradeoff between privacy and competing concerns."^{^[8]} This system was originally intended to be only one of the multiple ways in data processing would be governed, along with other substantive principles such as data quality, however, it soon became the dominant and often the only mechanism.^{^[9]} In recent years however, the emergence of Big Data and the nascent development of the Internet of Things has led many commentators to begin questioning the workability of consent as a principle of privacy. ^{^[10]} In this article we will look closely at the some of issues with the concept of informed consent, and how these notions have become more acute in recent years. Following an analysis of these issues, we will conclude by arguing that today consent, as the cornerstone of privacy law, may in fact be thought of as counter-productive and that a rethinking of a principle based approach to privacy may be necessary.

Problems with Consent

To a certain extent, there are some cognitive problems that have always existed with the issue of informed consent such as long and difficult to understand privacy notices,^{^[11]} although, in recent past with these problems have become much more aggravated. Fred Cate points out that FIPPs at their inception were broad principles which included both substantive and procedural aspects. However, as they were translated into national laws, the emphasis remained on the procedural aspect of notice and consent. From the idea of individual or societal welfare as the goals of privacy, the focus had shifted to individual control.^{^[12]} With data collection occurring with every use of online services, and complex data sets being created, it is humanly impossible to exercise rational decision-making about the choice to allow someone to use our personal data. The thrust of Big Data technologies is that the value of data resides not in its primary purposes but in its numerous secondary purposes where data is re-used many times over. ^{^[13]} In that sense, the very idea of Big Data conflicts with the data minimization principle.^{^[14]} The idea is to retain as much data as possible for secondary uses. Since, these secondary uses are, by their nature, unanticipated, its runs counter to the the very idea of the purpose limitation principle. ^{^[15]} The notice and consent requirement has simply led to a proliferation of long and complex privacy notices which are seldom read and even more rarely understood. We will articulate some issues with privacy notices which have always existed, and have only become more exacerbated in the context of Big Data and the Internet of Things.

1. Failure to read/access privacy notices

The notice and consent principle relies on the ability of the individual to make an informed choice after reading the privacy notice. The purpose of a privacy notice is to act as a public announcement of the internal practices on collection, processing, retention and sharing of information and make the user aware of the same.^{^[16]} However, in order to do so the individual must first be able to access the privacy notices in an intelligible format and read them. Privacy notices come in various forms, ranging from documents posted as privacy policies on a website, to click through notices in a mobile app, to signs posted in public spaces informing about the presence of CCTV cameras. ^{^[17]}

In order for the principle of notice and consent to work, the privacy notices need to be made available in a language understood by the user. As per estimates, about 840 million people (11% of the world population) can speak or understand English. However, most privacy notices online are not available in the local language in different regions.^{^[18]} Further, with the ubiquity of smartphones and advent of Internet of Things, constrained interfaces on mobile screens and wearables make the privacy notices extremely difficult to read. It must be remembered that privacy notices often run into several pages, and smaller screens effectively ensure that most users do not read through them. Further, connected wearable devices often have "little or no interfaces that readily permit choices." ^{^[19]} As more and more devices are connected, this problem will only get more pronounced. Imagine in a world where refrigerators act as the intermediary disclosing information to your doctor or supermarket, at what point does the data subject step in and exercise consent.^{^[20]}

Another aspect that needs to be understood is that unlike earlier when data collectors were far and few in between, the user could theoretically make a rational choice taking into account the purpose of data collection. However, in the world of Big Data, consent often needs to be provided while the user is trying to access services. In that context click through privacy notices such as those required to access online application, are treated simply as an impediment that must be crossed in order to get access to services. The fact that the consent need to be given in real time almost always results in disregarding what the privacy notices say.^{^[21]}

Finally, some scholars have argued that while individual control over data may be appealing in theory, it merely gives an illusion of enhanced privacy but not the reality of meaningful choice.^{^[22]} Research demonstrates that the presence of the term 'privacy policy' leads people to the false assumption that if a company has a privacy policy in place, it automatically means presence of substantive and responsible limits on how data is handled.^{^[23]} Joseph Turow, the Robert Lewis Shayon Professor of Communication at the Annenberg School for Communication, and his team for example has demonstrated how "[w]hen consumers see the term 'privacy policy,' they believe that their personal information will be protected in specific ways; in particular, they assume that a website that advertises a privacy policy will not share their personal information."^{^[24]} In reality, however, privacy policies are more likely to serve as liability disclaimers for companies than any kind of guarantee of privacy for consumers. Most people tend to ignore privacy policies.^{^[25]} Cass Sunstein states that our cognitive capacity to make choices and take decisions is limited. When faced with an overwhelming number of choices to make, most of us do not read privacy notices and resort to default options.[26] The requirement to make choices, sometimes several times in a day, imposes significant burden on the consumers as well the business seeking such consent. ^{^[27]}

2. Failure to understand privacy notices

FTC chairperson Edith Ramirez stated: "In my mind, the question is not whether consumers should be given a say over unexpected uses of their data; rather, the question is how to provide simplified notice and choice."^{^[28]} Privacy notices often come in the form of long legal documents much to the detriment of the readers' ability to understand them. These policies are "long, complicated, full of jargon and change frequently."^{^[29]} Kent walker list five problems that privacy notices typically suffer from - a) overkill - long and repetitive text in small print, b) irrelevance - describing situations of little concern to most consumers, c) opacity - broad terms the reflect the truth that is impossible to track and control all the information collected and stored, d) non-comparability - simplification required to achieve comparability will lead to compromising accuracy, and e) inflexibility - failure to keep pace with new business models.^{^[30]} Erik Sherman did a review of twenty three corporate privacy notices and mapped them against three indices which give approximate level of education necessary to understand text on a first read. His results show that most of policies can only be understood on the first read by people of a grade level of 15 or above. ^{^[31]} FTC Chairperson Timothy Muris summed up the problem with long privacy notices when he said, "Acres of trees died to produce a blizzard of barely comprehensible privacy notices." ^{^[32]}

Margaret Jane Radin, the former Henry King Ransom Professor of Law Emerita at the University of Michigan, provides a good definition of free consent. It "involves a knowing understanding of what one is doing in a context in which it is actually

possible for or to do otherwise, and an affirmative action in doing something, rather

than a merely passive acquiescence in accepting something."^{^[33]} There have been various proposals advocating a more succinct and simpler standard for privacy notices,^{^[34]} or multi-layered notices^{^[35]} or representing the information in the form of a table. ^{^[36]} However, studies show only an insignificant improvement in the understanding by consumers when privacy policies are represented in graphic formats like tables and labels. ^{^[37]} It has also been pointed out that it is impossible to convey complex data policies in simple and clear language.^{^[38]}

3. Failure to anticipate/comprehend the consequences of consent

Today's infinitely complex and labyrinthine data ecosystem is beyond the comprehension of most ordinary users. Despite a growing willingness to share information online, most have no understanding of what happens to their data once they have uploaded it - Where it goes? Whom it is held by? Under what conditions? For what purpose? Or how might it be used, aggregated, hacked, or leaked in the future? For the most part, the above operations are "invisible, managed at distant centers, from behind the scenes, by unmanned powers."^{^[39]}

The perceived opportunities and benefits of Big Data have led to an acceptance of the indiscriminate collection of as much data as possible as well as the retention of that data for unspecified future analysis. For many advocates, such practices are absolutely essential if Big Data is to deliver on its promises.. Experts have argued that key privacy principles particularly those of collection limitation, data minimization and purpose limitation should not be applied to Big Data processing.^{^[40]} As mentioned above, in the case of Big Data, the value of the data collected comes often not from its primary purpose but from its secondary uses. Deriving value from datasets involves amalgamating diverse datasets and executing speculative and exploratory kinds of analysis in order to discover hidden insights and correlations that might have previously gone unnoticed.^{^[41]} As such organizations are today routinely reprocessing data collected from individuals for purposes not directly related to the services they provide to the customer. These secondary uses of data are becoming increasingly valuable sources of revenue for companies as the value of data in and of itself continues to rise. ^{^[42]}

Purpose Limitation

The principle of purpose limitation has served as a key component of data protection for decades. Purposes given for the processing of users' data should be given at the time of collection and consent and should be "specified, explicit and legitimate". In practice however, reasons given typically include phrases such as, 'for marketing purposes' or 'to improve the user experience' that are vague and open to interpretation. ^{^[43]}

Some commentators whilst conceding the fact that purpose limitation in the era of Big Data may not be possible have instead attempted to emphasise the notion of 'compatible use' requirements. In the view of Working Party on the protection of individuals with regard to the processing of person data, for example, use of data for a purpose other than that originally stated at the point of collection should be subject to a case-by-case review of whether not further processing for different purpose is justifiable - i.e., compatible with the original purpose. Such a review may take into account for example, the context in which the data was originally collected, the nature or sensitivity of the data involved, and the existence of relevant safeguards to insure fair processing of the data and prevent undue harm to the data subject.^{^[44]}

On the other hand, Big Data advocates have argued that an assessment of legitimate interest rather than compatibility with the initial purpose is far better suited to Big Data processing.^{^[45]} They argue that today the notion of purpose limitation has become outdated. Whereas previously data was collected largely as a by-product of the purpose for which it was being collected. If for example, we opted to use a service the information we provided was for the most part necessary to enable the provision of that service. Today however, the utility of data is no longer restricted to the primary purpose for which it is collected but can be used to provide all kinds of secondary services and resources, reduce waste, increase efficiency and improve decision-making.^{^[46]} These kinds of positive externalities, Big Data advocates insist, are only made possible by the reprocessing of data.

Unfortunately for the notion of consent the nature of these secondary purposes are rarely evident at the time of collection. Instead the true value of the data can often only be revealed when it is amalgamated with other diverse datasets and subjected to various forms of analysis to help reveal hidden and non-obvious correlations and insights.^{^[47]} The uncertain and speculative value of data therefore means that it is impossible to provide "specific, explicit, and legitimate" details about how a given data set will be used or how it might be aggregated in future. Without this crucial information data subjects have no basis upon which they can make an informed decision about whether or not to provide consent. Robert Sloan and Richard Warner argue that it is impossible for a privacy notice to contain enough information to enable free consent. They argue that current data collection practices are highly complex and that these practices involve collection of information at one stage for one purpose and then retain, analyze, and distribute it for a variety of other purposes in unpredictable ways. ^{^[48]} Helen Nissenbaum points to the ever changing nature of data flow and the cognitive challenges it poses. "Even if, for a given moment, a

snapshot of the information flows could be grasped, the realm is in constant flux, with new firms entering the picture, new analytics, and new back end contracts forged: in other words, we are dealing with a recursive capacity that is indefinitely extensible." ^{^[49]}

Scale and Aggregation

Today the quantity of data being generated is expanding at an exponential rate. From smartphones and televisions, trains and airplanes, sensor-equipped buildings and even the infrastructures of our cities, data now streams constantly from almost every sector and function of daily life, 'creating countless new digital puddles, lakes, tributaries and oceans of information'.^{^[50]} In 2011 it was estimated that the quantity of data produced globally would surpass 1.8 zettabytes , by 2013 that had grown to 4 zettabytes , and with the nascent development of the Internet of Things gathering pace, these trends are set to continue. ^{^[51]} Big Data by its very nature requires the collection and processing of very large and very diverse data sets. Unlike other forms scientific research and analysis which utilize various sampling techniques to identify and target the types of data most useful to the research questions, Big Data instead seeks to gather as much data as possible, in order to achieve full resolution of the phenomenon being studied, a task made much easier in recent years as a result of the proliferation of internet enabled devices and the growth of the Internet of Things. This goal of attaining comprehensive coverage exists in tension however with the key privacy principles of collection limitation and data minimization which seek to limit both the quantity and variety of data collected about an individual to the absolute minimum. ^{^[52]}

The dilution of the purpose limitation principle entails that even those who understand privacy notices and are capable of making rational choices about it, cannot conceptualize how their data will be aggregated and possibly used or re-used. Seemingly innocuous bits of data revealed at different stages could be combined to reveal sensitive information about the individual. Daniel Solove, the John Marshall Harlan Research Professor of Law at the George Washington University Law School, in his book, "The Digital Person", calls it the aggregation effect. He argues that the ingenuity of the data mining techniques and the insights and predictions that could be made by it render any cost-benefit analysis that an individual could make ineffectual. ^{^[53]}

4. Failure to opt-out

The traditional choice against the collection of personal data that users have had access to, at least in theory, is the option to 'opt-out' of certain services. This draws from the free market theory that individuals exercise their free will when they use services and always have the option of opting out, thus, arguing against regulation but relying on the collective wisdom of the market to weed out harms. The notion that the provision of data should be a matter of personal choice on the part of the individual and that the individual can, if they chose decide to 'opt-out' of data collection, for example by ceasing use of a particular service, is an important component of privacy and data protection frameworks. The proliferation of internet-enabled devices, their integration into the built environment and the real-time nature of data collection and analysis however are beginning to undermine this concept. For many critics of Big Data, the ubiquity of data collection points as well as the compulsory provision of data as a prerequisite for the access and use of many key online services, is making opting-out of data collection not only impractical but in some cases impossible. ^{^[54]}

Whilst sceptics may object that individuals are still free to stop using services that require data. As online connectivity becomes increasingly important to participation in modern life, the choice to withdraw completely is becoming less of a genuine choice. ^{^[55]} Information flows not only from the individuals it is about but also from what other people say about them. Financial transactions made online or via debit/credit cards can be analysed to derive further information about the individual. If opting-out makes you look anti-social, criminal, or unethical, the claims that we are exercising free will seems murky and leads one to wonder whether we are dealing with coercive technologies.

Another issue with the consent and opt-out paradigm is the binary nature of the choice. This binary nature of consent makes a mockery of the notion that consent can function as an effective tool of personal data management. What it effectively means is that one can either agree with the long privacy notices, or choose to abandon the desired service. "This binary choice is not what the privacy architects envisioned four decades ago when they imagined empowered individuals making informed decisions about the processing of their personal data. In practice, it certainly is not the optimal mechanism to ensure that either information privacy or the free flow of information is being protected." ^{^[56]}

Conclusion: 'Notice and Consent' is counter-productive

There continues to be an unwillingness amongst many privacy advocates to concede that the concept of consent is fundamentally broken, as Simon Davies, a privacy advocate based in London, comments 'to do so could be seen as giving ground to the data vultures', and risks further weakening an already dangerously fragile privacy framework.^{^[57]} Nevertheless, as we begin to transition into an era of ubiquitous data collection, evidence is becoming stronger that consent is not simply ineffective, but may in some instances might be counter-productive to the goals of privacy and data protection.

As already noted, the notion that privacy agreements produce anything like truly informed consent has long since been discredited; given this fact, one may ask for whose benefit such agreements are created? One may justifiably argue that far from being for the benefit and protection of users, privacy agreement may in fact be fundamentally to the benefit of data brokers, who having gained the consent of users can act with near impunity in their use of the data collected. Thus, an overly narrow focus on the necessity of consent at the point of collection, risks diverting our attention from the arguably more important issue of how our data is stored, analysed and distributed by data brokers following its collection. ^{^[58]}

Furthermore, given the often complicated and cumbersome processes involved in gathering consent from users, some have raised concerns that the mechanisms put in place to garner consent could themselves morph into surveillance mechanisms. Davies, for example cites the case of the EU Cookie Directive, which required websites to gain consent for the collection of cookies. Davies observes how, 'a proper audit and compliance element in the system could require the processing of even more data than the original unregulated web traffic. Even if it was possible for consumers to use some kind of gateway intermediary to manage the consent requests, the resulting data collection would be overwhelming''. Thus in many instances there exists a fundamental tension between the requirement placed on companies to gather consent and the equally important principle of data minimization. ^{^[59]}

Given the above issues with notice and informed consent in the context of information privacy, and the fact that it is counterproductive to the larger goals of privacy law, it is important to revisit the principle or rights based approach to data protection, and consider a paradigm shift where one moves to a risk based approach that takes into account the actual threats of sharing data rather than relying on what has proved to be an ineffectual system of individual control. We will be dealing with some of these issues in a follow up to this article.

^{^[1]} Alan Westin, Privacy and Freedom, Atheneum, New York, 2015.

^{^[2]} FTC Fair Information Practice Principles (FIPP) available at https://www.it.cornell.edu/policies/infoprivacy/principles.cfm.

^{^[3]} Paul M. Schwartz, "Privacy and Democracy in Cyberspace," 52 Vanderbilt Law Review 1607, 1614 (1999).

^{^[4]} US Secretary's Advisory Committee on Automated Personal Data Systems, Records, Computers and the Rights of Citizens, available at http://www.justice.gov/opcl/docs/rec-com-rights.pdf

^{^[5]} https://epic.org/privacy/ppsc1977report/c13.htm .

^{^[6]} Marc Rotenberg, "Fair Information Practices and the Architecture of Privacy: What Larry Doesn't Get," available at https://journals.law.stanford.edu/sites/default/files/stanford-technology-law-review/online/rotenberg-fair-info-practices.pdf

^{^[7]} Fred Cate, The Failure of Information Practice Principles, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1156972

^{^[8]} Robert Sloan and Richard Warner, Beyong Notice and Choice: Privacy, Norms and Consent, 2014, available at https://www.suffolk.edu/documents/jhtl_publications/SloanWarner.pdf

^{^[9]} Fred Cate, Viktor Schoenberger, Notice and Consent in a world of Big Data, available at http://idpl.oxfordjournals.org/content/3/2/67.abstract

^{^[10]} Daniel Solove, Privacy self-management and consent dilemma, 2013 available at http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2093&context=faculty_publications

^{^[11]} Ben Campbell, Informed consent in developing countries: Myth or Reality, available at https://www.dartmouth.edu/~ethics/docs/Campbell_informedconsent.pdf ;

^{^[12]} Supra Note 7.

^{^[13]} Viktor Mayer Schoenberger and Kenneth Cukier, Big Data: A Revolution that will transform how we live, work and think" John Murray, London, 2013 at 153.

^{^[14]} The Data Minimization principle requires organizations to limit the collection of personal data to the minimum extent necessary to obtain their legitimate purpose and to delete data no longer required.

^{^[15]} Omer Tene and Jules Polonetsky, "Big Data for All: Privacy and User Control in the Age of Analytics," SSRN Scholarly Paper, available at http://papers.ssrn.com/abstract=2149364

^{^[16]} Florian Schaub, R. Balebako et al, "A Design Space for effective privacy notices" available at https://www.usenix.org/system/files/conference/soups2015/soups15-paper-schaub.pdf

^{^[17]} Daniel Solove, The Digital Person: Technology and Privacy in the Information Age, NYU Press, 2006.

^{^[18]} http://www.ethnologue.com/statistics/size

^{^[19]} Opening Remarks of FTC Chairperson Edith Ramirez Privacy and the IoT: Navigating Policy Issues International Consumer Electronics Show Las Vegas, Nevada January 6, 2015 available at https://www.ftc.gov/system/files/documents/public_statements/617191/150106cesspeech.pdf

^{^[20]} http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

^{^[21]} Supra Note 10.

^{^[22]} Supra Note 7.

^{^[23]} Chris Jay Hoofnagle & Jennifer King, Research Report: What Californians Understand

About Privacy Online, available at http://ssrn.com/abstract=1262130

^{^[24]} Joseph Turrow, Michael Hennesy, Nora Draper, The Tradeoff Fallacy, available at https://www.asc.upenn.edu/sites/default/files/TradeoffFallacy_1.pdf

^{^[25]} Saul Hansell, "Compressed Data: The Big Yahoo Privacy Storm That Wasn't," New York Times, May 13, 2002 available at http://www.nytimes.com/2002/05/13/business/compressed-data-the-big-yahoo-privacy-storm-that-wasn-t.html?_r=0

[26] Cass Sunstein, Choosing not to choose: Understanding the Value of Choice, Oxford University Press, 2015.

^{^[27]} For example, Acxiom, processes more than 50 trillion data transactions a year. http://www.nytimes.com/2012/06/17/technology/acxiom-the-quiet-giant-of-consumer-database-marketing.html?pagewanted=all&_r=0

^{^[28]} Opening Remarks of FTC Chairperson Edith Ramirez Privacy and the IoT: Navigating Policy Issues International Consumer Electronics Show Las Vegas, Nevada January 6, 2015 available at https://www.ftc.gov/system/files/documents/public_statements/617191/150106cesspeech.pdf

^{^[29]} L. F. Cranor. Necessary but not sufficient: Standardized mechanisms for privacy notice and choice. Journal on Telecommunications and High Technology Law, 10:273, 2012, available at http://jthtl.org/content/articles/V10I2/JTHTLv10i2_Cranor.PDF

^{^[30]} Kent Walker, The Costs of Privacy, 2001 available at https://www.questia.com/library/journal/1G1-84436409/the-costs-of-privacy

^{^[31]} Erik Sherman, "Privacy Policies are great - for Phds", CBS News, available at http://www.cbsnews.com/news/privacy-policies-are-great-for-phds/

^{^[32]} Timothy J. Muris, Protecting Consumers' Privacy: 2002 and Beyond, available at http://www.ftc.gov/speeches/muris/privisp1002.htm

^{^[33]} Margaret Jane Radin, Humans, Computers, and Binding Commitment, 1999 available at http://www.repository.law.indiana.edu/ilj/vol75/iss4/1/

^{^[34]} Annie I. Anton et al., Financial Privacy Policies and the Need for Standardization, 2004 available at https://ssl.lu.usi.ch/entityws/Allegati/pdf_pub1430.pdf; Florian Schaub, R. Balebako et al, "A Design Space for effective privacy notices" available at https://www.usenix.org/system/files/conference/soups2015/soups15-paper-schaub.pdf

^{^[35]} The Center for Information Policy Leadership, Hunton & Williams LLP, "Ten Steps To Develop A Multi-Layered Privacy Notice" available at https://www.informationpolicycentre.com/files/Uploads/Documents/Centre/Ten_Steps_whitepaper.pdf

^{^[36]} Allen Levy and Manoj Hastak, Consumer Comprehension of Financial Privacy Notices, Interagency Notice Project, available at https://www.sec.gov/comments/s7-09-07/s70907-21-levy.pdf

^{^[37]} Patrick Gage Kelly et al., Standardizing Privacy Notices: An Online Study of the Nutrition Label Approach available at https://www.ftc.gov/sites/default/files/documents/public_comments/privacy-roundtables-comment-project-no.p095416-544506-00037/544506-00037.pdf

^{^[38]} Howard Latin, "Good" Warnings, Bad Products, and Cognitive Limitations, 41 UCLA Law Review available at https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=41+UCLA+L.+Rev.+1193&key=1c15e064a97759f3f03fb51db62a79a5

^{^[39]} Jonathan Obar, Big Data and the Phantom Public: Walter Lippmann and the fallacy of data privacy self management, Big Data and Society, 2015, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2239188

^{^[40]} Viktor Mayer Schoenberger and Kenneth Cukier, Big Data: A Revolution that will transform how we live, work and think" John Murray, London, 2013.

^{^[41]} Supra Note 15.

^{^[42]} Supra Note 40.

^{^[43]} Article 29 Working Party, (2013) Opinion 03/2013 on Purpose Limitation, Article 29, available at: http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2013/wp203_en.pdf

^{^[44]} Ibid.

^{^[45]} It remains unclear however whose interest would be accounted, existing EU legislation would allow commercial/data broker/third party interests to trump those of the user, effectively allowing re-processing of personal data irrespective of whether that processing would be in the interest of the user.

^{^[46]} Supra Note 40.

^{^[47]} Supra Note 10.

^{^[48]} Robert Sloan and Richard Warner, Beyong Notice and Choice: Privacy, Norms and Consent, 2014, available at https://www.suffolk.edu/documents/jhtl_publications/SloanWarner.pdf

^{^[49]} Helen Nissenbaum, A Contextual Approach to Privacy Online, available at http://www.amacad.org/publications/daedalus/11_fall_nissenbaum.pdf

^{^[50]} D Bollier, The Promise and Peril of Big Data. The Aspen Institute, 2010, available at: http://www.aspeninstitute.org/sites/default/files/content/docs/pubs/The_Promise_and_Peril_of_Big_Data.pdf

^{^[51]} Meeker, M. & Yu, L. Internet Trends, Kleiner Perkins Caulfield Byers, (2013), http://www.slideshare.net/kleinerperkins/kpcb-internet-trends-2013 .

^{^[52]} Supra Note 40.

^{^[53]} Supra Note 17.

^{^[54]} Janet Vertasi, My Experiment Opting Out of Big Data Made Me Look Like a Criminal, 2014, available at http://time.com/83200/privacy-internet-big-data-opt-out/

^{^[55]} Ibid.

^{^[56]} http://www.techpolicy.com/NoticeConsent-inWorldBigData.aspx

^{^[57]} Simon Davies, Why the idea of consent for data processing is becoming meaningless and dangerous, available at http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

^{^[58]} Supra Note 10.

^{^[59]} Simon Davies, Why the idea of consent for data processing is becoming meaningless and dangerous, available at http://www.privacysurgeon.org/blog/incision/why-the-idea-of-consent-for-data-processing-is-becoming-meaningless-and-dangerous/

For more details visit https://cis-india.org/internet-governance/blog/a-critique-of-consent-in-information-privacy

Will India win net neutrality battle?

praskrishna — 2016-01-11T02:28:44Z

There is more than what meets the eye in Facebook’s ‘noble mission’ of providing internet for all.

The article by Pratap Vikram Singh and Taru Bhatia was published by Governance Now on January 5, 2016. Sunil Abraham gave inputs.

India is gearing up for an era of startups and entrepreneurship and the man pushing it as one of his biggest development and self reliance agenda is none other than prime minister Narendra Modi, who launched the ‘Startup India, Standup India’ campaign this year. Few technology giants, led by the likes of Facebook and some telecom service providers, however, have thrown a technology spanner. It is important to note that a significant number of the startups in India are internet-based – next only to the US and China in having maximum number of tech startups, according to industry body NASSCOM.

For these to flourish and for India to have next Facebook or Google it is important to have an open and neutral internet, believe digital rights experts. A network which doesn’t discriminate between the data packets (smallest unit of information sent in binary format over a network) and provides level playing field for all. “It is critical for the Startup India campaign. If we let the principles of net neutrality be compromised, then it makes it very difficult for entrepreneurs and startups to compete against established players, who can close off the market for upstarts by schemes like differentiated pricing and zero rating (toll free access to websites or apps),” said Vishal Misra, associate professor, department of computer science, Columbia University.

A prerequisite for startups

A few months from now, country’s telecom regulator, the Telecom Regulatory Authority of India (TRAI), is going to decide whether internet would remain neutral and whether it will continue to foster innovation. A major threat to net neutrality, according to civil society and digital rights experts, comes from zero rating – toll free access to a few selected websites or apps, a strategy adopted by internet service providers or internet platforms to hook users to those select few sites. For telecom and internet service providers zero rating is a new stream of revenue, a way to secure optimal return on investment from their existing subscriber base – without requiring additional investment. The ISPs are arguing that they should be given more flexibility in managing their network – in a way they should be allowed to assume the role of gatekeeper of the internet.

For ISPs, net neutrality is an obsolete and utopian idea. Facebook, which has grown into a mammoth internet platform since its inception in 2004, has recently joined this bandwagon. Under its Free Basics initiative (erstwhile internet.org), the internet giant provides toll free access to a set of websites (including Facebook obviously!) handpicked by itself to the users. In India so far it has partnered with Reliance Communications.

Facebook by far is the most audacious and aggressive proponent of ‘zero rating’ scheme. From lobbying the prime minister to giving back-to-back ads in television channels and two-page ads in national dailies to circulating a vaguely written letter in support of Free Basics on its social media site, Facebook is pitching for ‘digital equality’ by giving access to 'basic internet’ or say a slice of the internet.

Cautioning against zero rating, Prabir Purkayastha, chairperson, Society for Knowledge Commons, said the way zero-rating is being discussed, it seems Indians are only the consumers of internet, which is not true. “Indians are also the innovators on internet,” said Purkayastha. “Internet has given the innovators the right to connect to the users without having a huge amount of money. This is the character that will be destroyed if zero-rating will be implemented,” he says.

That’s true. Be it US-based Facebook or Google or Indian Flipkart or PayTm or SnapDeal, had it not been for open and neutral internet they wouldn’t have become what are today.

Raman Jit Singh Chima, global public policy director, Access Now, a New York-based firm working for digital rights, said the idea is to prevent a telco or an internet platform from assuming a role of a gatekeeper and control access. Misra, too, has written extensively on the counter-productiveness of zero rating: stifling of innovation and service providers loosing incentive to improve service and keep prices low. Both Misra and Chima testified their views on net neutrality to the standing committee on IT in August after the department of telecommunications submitted an expert committee report on the neutrality issue.

Whither public consultation

To formulate a regulation on how internet will shape up, the TRAI has come out with two consultation papers concerning net neutrality in the last nine months. The first consultation paper on ‘regulatory framework for over the top players (OTTs)’, which came in March, was written in favour of telecom and internet service providers. “It was embarrassing,” said Purkayastha. Over 1.2 million people wrote to the regulator. This was result of the savetheinternet.in campaign ran by free internet activists and lawyers, who were later joined by All India Bakchod (AIB) whose video on net neutrality went viral on YouTube (the video has received three million views in last eight months). This was unprecedented in the history of TRAI consultations. However, the fate of those responses is still unclear.

In December the regulator brought another paper. This time it was titled ‘regulation on differential pricing’. Contrary to the initial paper, this paper is far more objective and reasonable, said Nikhil Pahwa, founder, MediaNama portal and a key volunteer behind savetheinternet.in campaign. The regulator has sought comments on its second paper by December 30 and counter-comments by January 7. Till the time a final call is taken, the telecom regulator has instructed Reliance Communications, Facebook’s India telecom partner, to put Free Basics on hold.

The savetheinternet.in campaign has formulated the responses to the new consultation paper and has made it available for everyone favouring net neutrality to send it to the TRAI. The AIB team has released another video titled ‘Save the Internet - 2 – Judgement Day’, which has been viewed close to one million times in just four months.

The neutrality debate started in India in December 2014 when Airtel, country’s largest telco, announced – although it later backtracked – that the company would charge consumers more for using VOIP services, on top of the data charges. Later, it went on to launch Airtel Zero, wherein it struck deal with online services providers for user access at zero rate. Facebook had already introduced internet.org by then. While it was initially led by civil society, the debate was later joined by politicians – Naveen Patnaik, M Chandrashekhar, Jay Panda, Rahul Gandhi and Arvind Kejriwal – who strongly came out in support of net neutrality.

Facebook has termed its zero rating platform as a philanthropic activity intended to connect billions of unconnected population so that they can access education, health and employment related information. It has urged users to sign a petition, cautioning them against "a small, vocal group of critics" lobbying to prevent 1 billion people from accessing 'affordable internet'. Under Free Basics, Facebook claims, it doesn't charge app developers and includes them if they comply to its 'objective tech specs'.

Free Basics: A camouflage?

Critics, however, call it a walled garden. In providing free access to close to a hundred websites it continues to play the role of a gatekeeper. It is not the poor who decide what to access but Facebook! While it says that it is not making money out of Free Basics as it doesn't display ads in the Free Basics version of Facebook, it keeps the option of monetisation open in the future.

“It [Free Basics] has been camouflaged as charity," said a senior TRAI official, in an off the record conversation. While speaking to the Guardian on Facebook’s zero rating in December, Tim Berners Lee, founder of world wide web (www), said, “In the particular case of somebody who's offering... something which is branded internet, it's not internet, then you just say no. No it isn't free, no it isn't in the public domain, there are other ways of reducing the price of internet connectivity and giving something... [only] giving people data connectivity to part of the network deliberately, I think is a step backwards.”

Speaking in favour of zero rating, Payal Malik, associate professor, economics, Delhi University, said that it is wrong to assume that all consumers will get hooked to zero rated sites. “In a way you are saying that all humans have same preferences and likes and dislikes, which is very unlikely,” said Malik.

Experts representing telecom industry argue that the net neutrality regulation should be geography specific and the telecom players should be given more flexibility in dealing with the network. Mahesh Uppal, a senior telecom consultant and director, ComFirst India, while speaking at a round table discussion in Delhi, said that a majority of population in the West including countries opting for strict net neutrality – including Netherlands, Slovenia and the US – are already connected. "The data connectivity is primarily through fixed lines - copper, co-ax cable or optical fibre wired — wherein it is easier to add capacity to meet traffic growth. However this is difficult to do so for wireless networks," said Uppal. In developing countries, including India, mobile telephony and internet majorly runs on wireless. Hence, he argued, telecom and internet service providers should be given flexibility to zero rate. For Uppal, if zero rating or sponsored content is implemented properly “it can be one of the ways to scale up internet access” to the unconnected regions.

Neutrality proponents, however, differ. “It is basic economic theory, and zero rated sites get a price advantage. There are studies that show customers stay within the world of zero rated sites and never venture outside or are aware of the full internet,” professor Misra said.

Zero or equal rating?

So is there a middle ground? Are there ways to increase access without tampering with open and neutral character of the internet? Experts believe there are. Some of the solutions are not completely black and white, but in between. While there is a fierce opposition to zero rating, it might work, according to Sunil Abraham, executive director, centre for internet and society (CIS), if provided with an amount of equal rating (giving free data pack to users so that they can access any site or app they want).

Mozilla Foundation advocates equal rating. The foundation has sought to create such an alternative in Bangladesh and countries in Africa within the Firefox OS ecosystem. The foundation has tied up with telecom operator Grameenphone in Bangladesh to provide 20 Mb data per day for free to users, in exchange for viewing an advertisement. The model could be easily replicated in India, said Pahwa of MediaNama.

For African countries, the foundation has partnered with Orange. Both allow Africans to purchase $40 Firefox OS smartphones that come packaged with free three to six months of voice calling, text, and up to 500 Mb of monthly data. Purkayastha of Knowledge Commons said that zero-rating plan by telecom operators only makes sense when government services are provided for free through it. “That is the form of zero-rating I would support.”

There are a few platforms which are reimbursing data in megabytes to users accessing partnering apps. The user can then use the free data pack to access any other site or app. Some of them include: mCent, Gigato and DataMi. mCent, owned by Boston-based firm Jana, is a pioneer in this area. It is being used by 30 million users cross 98 countries. In India, according to Jana, one out of every 10 internet users has subscribed to mCent.

Yes, it does violate neutrality as it puts those app providers not having enough money at a disadvantageous position vis-à-vis to those having deep pocket to reimburse data to users. “I think it’s a grey area,” said professor Misra. On the surface it seems to be just like Free Basics, however, Gigato (or mCent) is making no pretense that what they are doing is philanthropy of increasing access, said professor Misra, adding that it is still acceptable as user will have the data to venture out of the walled garden. The senior TRAI official too finds it acceptable. “In my opinion, Facebook should become like Gigato,” he said.

If the regulator is going to protect consumers’ right and also not stifle startups and entrepreneurism, it will have to ensure some broad, core principles of the internet. It will have to prevent both the ISPs and the internet platforms from becoming gatekeepers. It must not allow any throttling, blocking, fast and slow lanes, discrimination based on price or quality of service and distortion of level playing field. How and whether TRAI is going to do these would be clear in a few months.

For more details visit https://cis-india.org/internet-governance/news/governance-now-pratap-vikram-singh-and-taru-bhatia-january-6-2015-will-india-win-net-neutrality-battle