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Internet Freedom at Crossroads - Common Paths towards Strengthening Human Rights Online

Admin — 2018-12-04T16:11:52Z

The 2018 Freedom Online Conference took place from 28 to 30 November 2018 in Berlin. Elonnai Hickok participated as a speaker.

Elonnai attended the Freedom Online Coalition Advisory Network meeting and larger Freedom Online Coalition conference. The agenda can be found here.

For more details visit https://cis-india.org/internet-governance/news/internet-freedom-at-crossroads-common-paths-towards-strengthening-human-rights-online

Internet Freedom

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

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

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

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

Possible impact on elections

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

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

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

In times of disasters

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

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

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

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

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

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

Content and carriage converge

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

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

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

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

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

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

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

What is Net neutrality?

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

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

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

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

Internet firms deny existence of PRISM

praskrishna — 2013-07-02T07:47:27Z

Nothing is private anymore. According to a leak in the US, which revealed the wide reach of a mass surveillance programme by intelligence agencies, messages, posts, chats on your computer or phone are all vulnerable to interception, thanks to direct access to servers of major tech companies.

The article by Javed Anwer and Ishan Srivastava was published in the Times of India on June 8, 2013. Sunil Abraham and Pranesh Prakash are quoted.

The existence of the programme, called Prism, was first reported by the Washington Post and the Guardian newspaper after they received a tip-off from a whistleblower in National Security Agency in the US. The whistleblower claimed that NSA has direct access to all the data that flows through the servers of Google, Facebook, Microsoft, Apple, Sykpe, Youtube, AOL and Paltalk.

Later, the NSA reportedly acknowledged the existence of the programme but said that it collected data only from foreign nationals. While it may come as a relief to the US citizens, it underscores the fact that people not residing in the US, including Indians, are fair game. What is even more alarming is the fact that US authorities are using the technology companies headquartered in the country to spy on the rest of the world.

All companies named in the leaks have denied the existence of Prism. A Yahoo spokesperson said on Friday, ""Yahoo! takes users' privacy very seriously. We do not provide the government with direct access to our servers, systems, or network."

Privacy International, a privacy watchdog organisation, said it is possible that companies would not be aware of the government tapping into their servers. "Until we know whether this information was obtained through filters, interception, or some another method, it is difficult to know how the breadth of access the NSA has."

However, Indian users would seem to have no way to defend themselves if the US government wants to access their data. Pavan Duggal, a specialist in cyber law, said, "Indian users don't have any protection against the US authorities seeking their data from the US companies."

Technology companies said they comply with local laws while dealing with issues related to personal data of a user. In response to queries from TOI, both Google and Facebook said that they used "mutual legal assistance treaty" to handle international requests for data.

Mutual legal assistance treaty is understood to have governed by actual treaties that two nations may have between them for sharing of user data. A Facebook official said that if a US agency wanted to access the data belonging to an Indian citizen, the sleuths would have to follow the diplomatic channels and get the data only when Indian authorities have approved it.

Google too talked "mutual legal assistance treaty" but it didn't clarify how it worked. Google officials pointed out the company guidelines which noted that any non-US government agency would have to use mutual legal assistance treaty to access user data. But the company public guidelines don't make any mention of the procedure followed in the cases where a US agency requests data on non-US users.

Microsoft directed TOI to its official statement denying the existence of Prism. It refused to discuss how it handled the requests from US authorities seeking data of foreigners.

Pranesh Prakash, a policy director with Centre for Internet and Society (CIS), said that it was high time the Indian government stood up for its citizens.

"Indian government needs to come with a strong and clear law to protect the privacy of Indian users. The law has to make it clear to companies operating in India that they need to respect the privacy of Indian users, even when they are dealing with the governments outside India," he said.

However, providing direct access to servers to an agency like NSA may not necessarily be a breach of agreement between the users of websites like Google and Facebook and its owners. Sunil Abraham, executive director at CIS said, "I have not studied end-user agreements carefully, but usually they have provisions for communication interception and data access in accordance with legal procedure."

"But more importantly, this is a violation of US data access and interception law. The US government has been going around the world preaching Internet freedom to authoritarian regimes. And now it turns out that their practices are worse that many of the regimes they have been criticizing. That is why it is a complete scandal," Abraham said.

Besides, the surveillance may run contrary to a whole range of international legal instruments. For example, the ICCPR, ratified by the USA, says that "no one shall be subject to arbitrary or unlawful interference with his private life, family, home or correspondence," said Joe McNamee, executive director of European Digital Rights, a privacy watchdog based in Europe.

For more details visit https://cis-india.org/news/times-of-india-javed-anwer-ishan-srivastava-june-8-2013-internet-firms-deny-existence-of-prism

Internet expert Pranesh Prakash criticizes Indian cyber blockades

praskrishna — 2012-08-24T12:58:02Z

The government's attempts to block social media accounts and websites that it blames for spreading panic have been inept and possibly illegal, a top internet expert said on Friday.

Published in the Economic Times on August 24, 2012.

Earlier this month, thousands of people from the country's remote northeast began fleeing cities in southern and western India, as rumors swirled that they would be attacked in retaliation for ethnic violence against Muslims in their home state.

Last weekend, the government said the rumors were fed by gory images - said to be of murdered Muslims - that were actually manipulated photos of people killed in cyclones and earthquakes. Officials said the images were spread to sow fear of revenge attacks.

After that, the government began interfering with hundreds of websites, including some Twitter accounts, blogs and links to certain news stories. The government also ordered telephone companies to sharply restrict mass text messages.

It is unclear who has been spreading the inflammatory material. Experts say that despite the government's electronic interference, there are many ways to access the blocked sites.

"The government has gone overboard and many of its efforts are legally questionable,'' said Pranesh Prakash, who studies internet governance and freedom of speech at The Center for Internet and Society, a research organization in the southern city of Bangalore.

The center has published a list of over 300 internet links blocked in the last two weeks. These include some pages on Facebook, YouTube and news items on the sites of Al Jazeera, Australia's ABC, and a handful of Indian and Pakistani news sites.

The exodus of people from the northeast followed clashes in Assam state over the last several weeks between ethnic Bodos and Muslims settlers. At least 80 people were killed in that violence and 400,000 were displaced. Most of those who fled were living in Bangalore, where text messages spread quickly threatening retaliatory attacks by Muslims.

The Bodos and the Muslim settlers - most of whom arrived years ago from what was then East Pakistan, and which is now Bangladesh_have clashed repeatedly over the decades. But the recent violence was the worst since the mid-1990s.

For more details visit https://cis-india.org/news/economic-times-aug-24-2012-internet-expert-pranesh-prakash-criticizes-indian-cyber-blockades

Internet expert criticizes Indian cyber blockades

praskrishna — 2012-08-28T10:11:44Z

The Indian government's attempts to block social media accounts and websites that it blames for spreading panic have been inept and possibly illegal, a top Internet expert said Friday.

Written by Muneeza Naqvi, this was originally published in Associated Press on August 24, 2012. Pranesh Prakash is quoted.

Last weekend, the government said the rumors were fed by gory images — said to be of murdered Muslims — that were actually manipulated photos of people killed in cyclones and earthquakes. Officials said the images were spread to sow fear of revenge attacks.

It is unclear who has been spreading the inflammatory material. Experts say that despite the government's electronic interference, there are many ways to access the blocked sites.

"The government has gone overboard and many of its efforts are legally questionable," said Pranesh Prakash, who studies Internet governance and freedom of speech at The Center for Internet and Society, a research organization in the southern city of Bangalore.

The center has published a list of more than 300 Internet links blocked in the last two weeks. These include some pages on Facebook, YouTube and news items on the sites of Al Jazeera, Australia's ABC, and a handful of Indian and Pakistani news sites.

On Friday, the Twitter account of Milind Deora, India's junior communications minister, appeared blocked. A message at his (at)milinddeora account said "the profile you are trying to view has been suspended."

Deora told the Press Trust of India news agency that his account was being verified and was only temporarily suspended. PTI said Deora had been tweeting in defense of the government blocking efforts before the account was suspended.

The Bodos and the Muslim settlers — most of whom arrived years ago from what was then East Pakistan, and which is now Bangladesh — have clashed repeatedly over the decades. But the recent violence was the worst since the mid-1990s.

"The government's highest priority should have been to counter the rumors and it did a really bad job of that," said Prakash, adding that the government should have at least tried to counter the panic through the same social media sites that it was blocking.

The government's actions have sparked outrage on social networking sites, with hashtags critical of the government quickly becoming top trending topics on Twitter's India site.

But Prakash was as dismissive of that reaction as he was of the government attempts at censorship.

The government's actions reek of "the kind of incompetence one has come to expect," he said, "but the hashtags (hash)Emergency2012 etc. suffer from a lack of perspective, too."

Kapil Sibal, the senior minister of communications and information technology, said in a statement that Facebook and Google were cooperating with the government and shutting down some sites that the government had pointed out as objectionable. Sibal said Twitter had also said it was ready to talk with the government.

But he said that "the accusations that we are aggressively targeting someone's account or websites are incorrect."

On Thursday, Victoria Nuland, spokeswoman for the U.S. State Department, had told reporters that it was urging the Indian government "to take into account the importance of freedom of expression in the online world" while addressing its security concerns. She said the U.S. was ready to help India's efforts to talk to social networks regarding the issue."

The above was carried in the following places:

Bloomberg Businessweek (August 24, 2012)
Khaleej Times (August 24, 2012)
ABC News (August 24, 2012)
Seattle Times (August 24, 2012)
Vancouver Sun (August 24, 2012)
Kansas City. (August 24, 2012)
Times Colonist (August 24, 2012)
Merced Sun-Star (August 24, 2012)
Yahoo News (August 24, 2012)
SanLuisObispo.com (August 24, 2012)
Terrorism Watch (August 25, 2012)
Sci-Tech Today (August 26, 2012)

For more details visit https://cis-india.org/news/hosted-2-ap-org-aug-24-2012-internet-expert-criticizes-indian-cyber-blockades

Internet Democratisation: IANA Transition Leaves Much to be Desired

vidushi — 2016-11-03T07:52:37Z

At best, the IANA transition is symbolic of Washington’s oversight over ICANN coming to an end. It is also symbolic of the empowerment of the global multistakeholder community. In reality, it fails to do either meaningfully.

The article was published in the Hindustan Times on October 6, 2016.

Many suspect Washington’s 2014 announcement of handing over control of the IANA contract to be fuelled by the outcry following Edward Snowden’s revelations of the extent of US government surveillance. Source: AFP

September 30, 2016, marked the expiration of a contract between the US government and the Internet Corporation for Assigned Names and Numbers (ICANN) to carry out the Internet Assigned Numbers Authority (IANA) functions.

In simpler, acronym-free terms, Washington’s formal oversight over the Internet’s address book has come to an end with the expiration of this contract, with control now being passed on to the “global multistakeholder community”.

ICANN was incorporated in California in 1998 to manage the backbone of the Internet, which included the domain name system (DNS), allocation of IP addresses and root servers. After an agreement with the US National Telecommunications and Information Administration (NTIA), ICANN was tasked with operating the IANA functions, which includes maintenance of the root zone file of the DNS. Over the years Washington has rejected calls to hand over the control of IANA functions, but in March 2014 it announced its intentions to do so and laid down conditions for the handover. Many suspect the driving force behind this announcement to be the outcry following Edward Snowden’s revelations of the extent of US government surveillance.

The conditions laid down by the NTIA were met, and the US government accepted the transition proposal, amidst much political pressure and opposition, most notably from Senator Ted Cruz.

This transition is a step in the right direction, but in reality, it changes very little as it fails to address two critical issues: Of jurisdiction and accountability.

Jurisdiction is important while considering the resolution of contractual disputes, application of labour and competition laws, disputes regarding ICANN’s decisions, consumer protection, financial transparency, etc. Many of these questions, although not all, will depend on where ICANN is located. ICANN’s new bylaws mention that it will continue to be incorporated in California, and subject to California law just as it was pre-transition. Having the DNS subject to the laws of a single country can only lend to its fragility. ICANN’s US jurisdiction also means that it is not free from the political pressures from the US Senate and in turn, the toxic effect of American party politics that were made visible in the events leading up to September 30.

Another critical issue that the transition does not address is that of ICANN accountability. Post-transition, ICANN’s board will continue to be the ultimate decision-making authority, thus controlling the organisation’s functioning, and ICANN staff will be accountable to the board alone.

To put things in perspective, look at the board’s track record in the recent past. In August, an Independent Review Panel (IRP) found that ICANN’s board had violated ICANN’s own bylaws and had failed to discharge its transparency obligations when it failed to look into staff misbehaviour. Following this, in September, ICANN decided to respond to such allegations of mismanagement, opacity and lack of accountability by launching a review. The review however, would not look into the issues, failures and false claims of the board, but instead focus on the process by which ICANN staff was able to engage in such misbehaviour. This ironically, will be in the form of an internal review that will pass through ICANN staff — the subjects of the investigation — before being taken up to the board.

At best, the transition is symbolic of Washington’s oversight over ICANN coming to an end. It is also symbolic of the empowerment of the global multistakeholder community. In reality, it fails to do either meaningfully.

For more details visit https://cis-india.org/internet-governance/blog/hindustan-times-october-6-2016-vidushi-marda-internet-democratisation

Internet Curbs

praskrishna — 2012-02-13T12:29:24Z

A Delhi high court judge threatens to go the China way. The IT act is closing in. The war on the web is a war on us, writes Rishi Majumder in an article that was published in Tehelka on 18 February 2012.

AT TIMES, the law becomes a smoke-screen for itself. How things seem to be shrouds the way they actually are. Here’s how things seem to be. Righteous Indian crusader Mufti Aijaz Arshad Qasmi and journalist Vinay Rai have taken multinational giants Facebook, Google and 19 other websites to task. They have done so by filing a civil suit and a criminal complaint because of images they thought were offensive to Hindus, Muslims and Christians, as well as several political leaders.

Both cases lie in Delhi’s lower courts. The civil suit, filed by Qasmi, prays for the removal of this content and assurances that such content will not be hosted by the websites in the future. The criminal complaint calls for the prosecution of these companies under Sections 292 (“sale, etc. of obscene books, etc.”), 293 (“sale, etc., of obscene objects to a young person”) and 120B (criminal conspiracy) of the Indian Penal Code.

While judgment on these cases are pending, the efforts of Qasmi and Rai have begun to bear fruit. In the criminal case, the websites have been issued summons by a Delhi trial court. Facebook and Google India sought a stay on these from the Delhi High Court, which was not granted. Instead, Justice Suresh Kait warned that, “like China, we will block all these websites”, while asking the companies to develop a mechanism to keep a check on and remove “offensive and objectionable” material. With respect to the civil suit, the companies have been told by the court on 6 February to submit within 15 days reports of steps they have taken to block offensive content. Also on the same day, Facebook and Google removed content from the Indian domains of their websites.

Now for how things actually are. First, the least one would expect of such a criminal complaint is that it would mention the actual perpetrator of the crime. But, as Sunil Abraham, executive director at the Centre for Internet and Society, wrote in TEHELKA (The Quixotic Fight to Clean Up the Web, 28 January): “It is curious that the complaint (of Rai) does not mention specific individuals or groups directly responsible for authoring the allegedly offensive material. Only intermediaries (the websites) have been explicitly named.”

Second, to hold these websites responsible for these crimes, one would have to prove that they had “actual knowledge” of this content (as stated in Section 79 of the Information Technology Act, that is being read along with the IPC to interpret the latter in the context of this case), and did nothing to prevent it.

Otherwise, as Congress MP Shashi Tharoor tweeted in the middle of this imbroglio, prosecuting Facebook and Google for this content would be like “phone companies being sued if someone sends a defamatory or obscene SMS”.

Third, what mechanism does the court expect Facebook and Google to develop to keep a check on and remove “offensive and objectionable” material? According to Oxblood Ruffin, a Canadian hacker who is a member of the Cult of the Dead Cow (cDc, the hackers group that coined the term ‘hacktivist’), it’s “impossible” for websites such as Facebook and Google to actually ensure that such content isn’t hosted in the future.

Facebook and Google are fast emerging as the biggest platforms for expression and exchange in a country that has the third largest number of Internet users in the world (175 million broadband connections by 2014, according to the Department of Telecommunications).

Instead of creating an authority to police the Web, the Internet rules outsource this job to intermediaries

“You will have to double the workforce to have content monitors, and even then it won’t be possible,” says Ruffin. “You aren’t going to filter the content (according to keywords) because that will raise censorship issues.”

Yet filtering content seems to be the only way Facebook and Google can deliver what Justice Kait asks of them. And blocking so many websites because they happen to contain “obscene” keywords like ‘sex’ or ‘virgin’ is a lot like banning lawful assembly because someone made a hate speech. The irony is this would make us “like China” anyway.

AT THE heart of this controversy is one of two new sets of Internet rules notified by the Centre last April, dealing with the liability of intermediaries, which is being used to give the provisions of criminal and civil law more specific effect in the courtrooms. For instance, Rai’s counsel argued that Google’s terms of service didn’t reflect these rules, as they were supposed to. This was refuted by his opposing counsel, who pointed out that the terms of service of the Department of Information Technology website didn’t contain them either.

Rightly so. This set of rules, like the two cases pegged on it, infringes upon our Constitution as well as our common sense. Instead of giving us a clear idea of what they wish to censor, the rules pretend to elucidate this with terms like “grossly harmful”, “harassing”, “disparaging” or “insulting any other nation”. And “blasphemous” — a frightening term. “Blasphemous is a word alien to Indian legal language,” says Internet freedom activist Anja Kovacs. “But now, with these rules, it could gradually be incorporated into mainstream law.”

Further, instead of appointing an authority to administer them, the Internet rules outsource this job to the intermediaries — making them liable to remove within 36 hours any information they store, host or publish, if a complainant claims that this contravenes the rules.

FINALLY, LET’S return to the law. These rules, adopted by the Centre under powers conferred to it by the IT (Amendment) Act, 2008, are a smokescreen that covers the infringement of a very basic Indian fundamental right. Article 21, which says: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

In 1977, animal rights activist Maneka Gandhi was asked by the government to surrender her passport, and not given a reason for this. Not given a chance to be heard. A writ petition filed by her led the Supreme Court to deliver a landmark judgment that held that the right to “life or personal liberty” included Maneka’s right to travel because “a fundamental right is not an island in itself” and so Article 21 was to be understood in conjunction with other fundamental rights [such as the freedom of speech, enshrined in 19(1)(a)]. Justice VR Krishna Iyer, who was on the Bench that delivered the judgment, explained that “the spirit of man is at the root of Article 21”, “personal liberty makes for the worth of the human person” and “travel makes liberty worthwhile”.

But most significantly, the court held that the “procedure established by law” in Article 21 could not be a mere semblance of procedure but should fulfil the principles of natural justice — one of which is “the right to be heard”.

With the passing of these rules, millions of Indians have been denied this right — including the writer of this article. If, on going online, there is a complaint calling it “grossly harmful”, “harassing”, “disparaging”, or worse still, “blasphemous”, it will have to be taken down, in 36 hours, with his only recourse being to line up at the same courts that lawyers representing Facebook and Google and Qasmi and Rai have been visiting for months now. That’s where the smokescreen dissipates.

The original was published in Tehelka Magazine, Vol 9, Issue 07, Dated 18 Feb 2012, Sunil Abraham is quoted in it.

For more details visit https://cis-india.org/news/internet-curbs

Internet clamp outrage

praskrishna — 2012-08-27T05:13:31Z

The Indian government's attempts to block social media accounts and websites that it blames for spreading panic have been inept and possibly illegal, a top Internet expert said yesterday.

Published in the Gulf Daily News on August 25, 2012. Pranesh Prakash is quoted.

Earlier this month, thousands of people from the country's remote northeast began fleeing cities in southern and western India, as rumours swirled that they would be attacked in retaliation for ethnic violence against Muslims in their home state.

Last weekend, the government said the rumours were fed by gory images - said to be of murdered Muslims - that were actually manipulated photos of people killed in cyclones and earthquakes. Officials said the images were spread to sow fear of revenge attacks.

It is unclear who has been spreading the inflammatory material. Experts say that despite the government's electronic interference, there are many ways to access the blocked sites.

For more details visit https://cis-india.org/news/www-gulf-daily-news-com-aug-25-2012-internet-clamp-outrage

Internet Censorship: Anonymous Can’t be Just Harmful Hackers

nishant — 2012-08-06T06:56:50Z

If there was ever an interesting time for people concerned with freedom of speech and expression to live in, it is now, and it is definitely in India. It has been a series of battles the last couple of years, where a slightly out-dated government machinery has been trying to control and contain the burgeoning online spaces, only to be put in their place by the new-age tech-ninjas that have risen as the new heroes in our digital times.

Nishant Shah's column was published in the First Post on July 13, 2012

We might not have had our Wikileaks moment in India yet, but the recent consolidation of resources by civic hacker groups and a public outrage against top-down blocking of everyday webspaces have steadily and surely put the questions of censorship and freedom on our minds.

The protests have taken many forms – from civic action routes of campaigns and petitions by civil society and non-governmental organisations to guerrilla warfare in the shape of distributed denial of service attacks and hacking of government websites.

Anonymous must be more than just a hacker group: AP	A lot of these efforts have found popular interest and media attention, but they haven’t always found a solid ground for negotiation and dialogue with the policy makers and legislators designing this information regime. However, after the first off-line mobilisation of protests by Anonymous in India, the government has had to face the fact that the clicktivist users are not going to remain passive, merely venting their discontent on their blogs and social networking spaces. With the sustained and systemic attacks on government, public and corporate websites, revealing sensitive information and taking down web resources the new hackers have shown that they mean business. In a recent attack, Anonymous hacked the Tamil Nadu police’s websites and revealed information about the complaints people have made and the actions taken on them.

Anonymous must be more than just a hacker group: AP

A lot of these efforts have found popular interest and media attention, but they haven’t always found a solid ground for negotiation and dialogue with the policy makers and legislators designing this information regime. However, after the first off-line mobilisation of protests by Anonymous in India, the government has had to face the fact that the clicktivist users are not going to remain passive, merely venting their discontent on their blogs and social networking spaces.

With the sustained and systemic attacks on government, public and corporate websites, revealing sensitive information and taking down web resources the new hackers have shown that they mean business. In a recent attack, Anonymous hacked the Tamil Nadu police’s websites and revealed information about the complaints people have made and the actions taken on them.

They leaked the document under their Twitter handle ‘opindia_revenge’ to show the police inaction. The documents have redacted some information but it has also revealed personally identified data about the people involved, without taking into consideration that it might affect the people involved in the cases adversely. Acts like these have the cybercrime bureau now tracking down the attackers and taking the help of Internet Service Providers and other intermediaries to punish those responsible.

What the outcomes of this battle are going to be, will eventually change the ways in which our digital publics shape up. Given the lack of resistance that ISPs have shown in the past, when pressed for private information on suspicious users, the chances are that we might soon have a public spectacles of hacker-criminals. Looking at the past bungles in this arena, one also hopes that it will not be yet another instance of mixed up administration leading to wrong and misplaced prosecution.

But more than anything else, one hopes that the attackers, who have seen their protests as a part of their civic action and right to protest and demonstrate, have been wise enough to protect themselves because they are going to be tracked and tried as criminals if they are caught.

Much can be said about the nature of civic hacking, and much has already been said, heralding them as code warriors and berating them as a public nuisance. But in all that cacophony, we might need to separate the ideology (constitutional rights, free speech and expression) from the tactics (DDoS, hacking, parking on websites) and see what interests they eventually serve.

Because even as my heart sings with these sounds of protests, there is a growing alarm that these seemingly radical guerrilla warfare might actually be more counter-productive than helpful to the cause of building an open and inclusive internet.

Over the last years, many civil society and citizen collectives have realised that policies and regulation are more a dialogue than open warfare. Polarising ourselves on an axis of ‘good versus bad’, at the end of the day, only leads to more regulation and draconian measures because it makes the state feel under threat. Considerable energy has gone into building a culture of public policy consultations and dialogue that allows for different stakeholders to work towards a collective future of the internet.

And so we come back to the question of whose interest gets served in the spate of these attacks? This is the same question that haunts us when we hear about our favourite political parties taking to destroying public property and blocking public infrastructure. It is the question that resurfaces when you realise that you might agree with the politics but the tactics are actually harming what you think is important.

In the case of the Anonymous attacks, it unfortunately seems more bravado and aspiration to radical heroism than a sustained and strategic set of interventions. With this particular act they seemed to have not only hurt the people on whose behalf they are fighting, but also given the government more reasons and plausible excuses to exercise more regulation and control over the digital technologies.

The attacks are a bold move to put the questions of censorship into public discourse, and force the state to acknowledge the problems with its governance. But it would be great to see if we can build on these energies and momentum and lead to a more sustained engagement with the political questions at stake, so at to construct a larger movement to protect our rights to free speech and expression that is beyond the world of ad-hoc hacking and random acts of protest.

For more details visit https://cis-india.org/internet-governance/internet-censorship

Internet Censorship, Surveillance, and Corporate Transparency

praskrishna — 2013-03-25T10:29:50Z

Google’s Dorothy Chou will be in conversation with international experts Annenberg School of Communication, St., Philadelphia, on April 3, 2013, from 4.30 p.m. to 6.00 p.m. Malavika Jayaram is participating in the event as a panelist. The event is organised by Center for Global Communication Studies and Annenberg School for Communication, University of Pennsylvania.

Read full details of the event was published on the website of Center for Global Communication Studies.

Since mid 2010 Google has been publishing data about the requests it receives from governments to remove content or hand over user data. This regularly updated Transparency Report reveals alarming trends: Government surveillance is on the rise, everywhere. Even worse, a large number of government censorship and surveillance requests are of dubious legality even according to the host countries’ own laws. In a world where citizens increasingly rely on digital products and services owned and operated by private corporations for their civic and political lives, the implications for human rights and democracy around the world are troubling.

Dorothy Chou, Senior Policy Analyst who leads Google's efforts to increase transparency about how it responds to government censorship and surveillance demands, will discuss Google's Transparency Report with Rebecca MacKinnon, Senior Fellow at the New America Foundation and an international panel of experts:

Ronald Lemos, the Director of the Center for Technology and Society at the Fundação Getúlio Vargas (FGV) School of Law in Rio de Janeiro, Brazil

Hu Yong, Associate Professor, Peking University School of Journalism and Communication

Malavika Jayaram, Fellow, Center for Internet and Society, Bangalore and Annenberg CGCS;

Gregory Asmolov, PhD Candidate, London School of Economics; Global Voices "RuNet Echo" contributor and Russian social media expert.

This event is part of the cross-disciplinary, university-wide “New Technologies, Human Rights, and Transparency” project funded by the university’s Global Engagement Fund and hosted by Annenberg’s Center for Global Communications Studies in partnership with Wharton, PennLaw, Engineering, and the School of Arts and Sciences. The project aims to examine the relationship between government and corporate power in today’s digitally networked world, bringing together research partners from across the university and around the world to develop a methodology to evaluate and compare the policies and practices of Information and Communication Technology (ICT) companies as they affect Internet users’ freedom expression and privacy in a human rights context.

For more details visit https://cis-india.org/news/global-asc-upenn-events-internet-censorship-surveillance-and-corporate-transparency

Internet censorship will continue in opaque fashion

sunil — 2015-03-26T02:07:28Z

A division bench of the Supreme Court has ruled on three sections of the Information Technology Act 2000 - Section 66A, Section 79 and Section 69A. The draconian Section 66A was originally meant to tackle spam and cyber-stalking but was used by the powerful elite to crack down on online dissent and criticism.

The article by Sunil Abraham was published in the Times of India on March 25, 2015.

Section 79 was meant to give immunity to internet intermediaries for liability emerging from third-party speech, but it had a chilling effect on free speech because intermediaries erred on the side of caution when it came to deciding whether the content was legal or illegal.

And Section 69A was the web blocking or internet censorship provision, but the procedure prescribed did not adhere to the principles of natural justice and transparency. For instance, when books are banned by courts, the public is informed of such bans but when websites are banned in India, there's no clear message from the Internet Service Provider.

The Supreme Court upheld 69A, so web blocking and internet censorship in India will continue to happen in an opaque fashion which is worrying. But on 66A and 79, the landmark judgment protects the right to free speech and expression. It struck down 66A in entirety, saying the vague and imprecise language made the provision unconstitutional and it interfered with "the right of the people to know - the market place of ideas - which the internet provides to persons of all kinds". However, it only read down Section 79 saying "unlawful acts beyond what is laid down" as reasonable restrictions to the right to free speech in the Constitution "obviously cannot form any part" of the section. In short, the court has eliminated any additional restrictions for speech online even though it admitted that the internet is "intelligibly different" from traditional media and might require additional laws to be passed by the Indian Parliament."

For more details visit https://cis-india.org/internet-governance/blog/the-times-of-india-march-25-2015-sunil-abraham-internet-censorship-will-continue-in-opaque-fashion

Internet becomes vernacular with relaunch of e-bhasha

praskrishna — 2015-04-03T05:49:42Z

With the relaunch of e-bhasha as a mission mode project, there is a fresh urgency to create content and technical solutions in Indian languages.

The article by Ankita Lahiri was published in Governance Now on March 23, 2015. Sunil Abraham is quoted.

Computer literacy is often linked to the knowledge of English. With the launch of the e-bhasha project, the government is hoping to make the internet more accessible. The project aims at providing computing tools in Indian languages, thus making government services available to a substantial part of India. These tools were developed more than a decade ago, but sadly remained non-utilised. However, the government has now decided to bring in the e-bhasha project under the umbrella of the national e-governance plan (NeGP) as a mission mode project (MMP).

The project that is being jointly driven by the department of electronics and information technology (DeitY) and technology development for Indian languages (TDIL), will be implemented in all departments across states and promises to provide all government services in 22 scheduled Indian languages. It will also provide a range of technical solutions, browsers and content in local languages. The multilingual aspect will ensure that government services have a wider reach and are accessible to citizens in local languages. The department hopes to get approval for the MMP by early next year.

Although TDIL has been finalised as the nodal implementing agency, the idea is to create a separate body, the centre of excellence (CoE) for localisation of Indian languages that will do the actual implementation on the ground level. Discussing the wing’s role, Swaran Lata, officer-in-charge, human-centred computing division, TDIL, told Governance Now: “We are like the backbone MMP. We will provide tools and solutions that can be used to generate the content in Indian languages. We will also provide standards and guidelines for the electronic governance domain. The final service delivery will be the responsibility of the various departments.”

Elaborating on how this platform can potentially transform the lives of the common citizen, Rajat Moona, director general, centre for development of advanced computing (C-DAC), said, “More people will get connected to government services now. It will bring the government closer to the citizen. The platform will change the way people carry out government services.” C-DAC has been working on local language computing and has been a key player driving the initiative on the technology front.

As an MMP, e-bhasha will have two main components: productisation and capacity building. The first step towards creating the e-bhasha platform will be the productisation. As Rajendra Kumar, joint secretary, DeitY, pointed out, “E-bhasha is all about the use of computing tools in Indic languages. It is about the productisation of these software tools, which means the ultimate utilisation of these tools for the end user.” In order to fully implement the MMP, proper training as to how to implement it at the ground level has to be given. The capacity building module of the MMP aims to train both the government departments as well as their technical teams. The training will be implemented jointly by DeitY and TDIL.

Commenting on the need for capacity building Lata said, “People still don’t have the skills to develop applications in multilingual or bilingual languages.” The training will be given through classroom sessions and various trouble shooting groups. Lata explained that applications will be classified in two groups – new projects and continuing projects. For each group the challenges will be different. For pre-existing applications, the entire application might have to be rewritten since the application as such might not have any provision for local languages. “The localisation of applications will vary according to the existing applications,” she said.

After this, content in these languages will be generated by various institutes and research and development organisations. Explaining that the service delivery framework for the MMP has already been designed, Rajendra Kumar said that the centre will extend total support to all the states in implementing the project.

Where India stands

Work to provide support in the form of tools and content in Indic languages has been going on in the country for more than two decades. C-DAC has been involved in this since 1988. The centre has been working towards developing tools that support Indic languages. Moona said, “We have been supporting Indic languages since 1988, whether it is from left to right or vice versa and languages with multiple fonts, like Konkani.

“As an integral part of the e-bhasha MMP, the centre will provide software tools that will facilitate the citizen in accessing government services in the local languages,” Moona said adding that, “Through the tools, we provide localisation support of government services. We provide government frontend in local languages. That is what the e-bhasha MMP is all about.”

C-DAC has already developed a number of solutions that support the Indic languages including a mobile touch keypad that can be downloaded from its website. Further a screen reader and various templates are also available. “The keyboard is slowly disappearing. We have a touchscreen that supports 27 Indic languages,” Moona said.

One of the key initiatives by TDIL has been in the form of the Sakal Bharti font, a type of open font format (OFF). It is a standard font, applicable to all the 22 schedule languages, irrespective of the platform, programme and language. It allows one to view and edit any document without any loss of data. Similar efforts have also been made by private players in creating the required tools to increase the reach the Indian languages. The Centre for Internet and Society (CIS) has launched several initiatives, including translating Wikipedia in regional languages and creating screen readers that support indigenous languages.

With the increase in internet penetration and the resulting increase in demand, private players, including digital giants Google and Microsoft, have joined hands to promote content in Indian languages. The initiative called the Indian languages Internet Alliance (ILIA) was launched by Google to cater to the Hindi-speaking population by providing content and solutions. Launched around the same time as the e-bhasha project, the two projects are expected to complement each other.

“It is heartening to see support from the government for this initiative. The initiative would shape the thinking around the government’s e-bhasha initiative and we are happy to partner with the government around the three pillars of e-bhasha: e-governance, e-education and culture,” said a Google spokesperson.

In support of the private initiatives that are coming up, Lata explained that an ecosystem has been built. “What happens is that in areas where it is not commercially beneficial, it has to be the government which steps in first. I think the government has received a wake-up call in terms of both e-governance as well as languages.”

The chicken or the egg?

The resources have been available with the government for the last two decades, yet it is only now that the push for local languages has got the attention it much needed. According to Kumar, while C-DAC has been involved in developing these tools and their language department, GIST, has been around for at least 15 years the implementation in e-governance did not happen.

Lata further elaborated, “It is not the correct perspective to say that the localisation of languages is just a frontend issue. It is an architectural issue and a language solution should enable people to search access and retrieve data in the local languages.”

The surge in the number of users as well as the new government’s heightened interest in electronic governance has created an increased demand. “The push for Indian languages has been there for a long time. Many government websites are bilingual (English and Hindi). However, with the introduction of electronic governance a lot of activities have been happening. The need for Indian languages has become much higher,” Moona said. “It is an evolutionary process. Internet governance is still a new thing in India, it is only after its introduction that the tools and support for local languages has been required.”

Sunil Abraham, executive director, CIS, said, “Creation of Indic content cannot be left to a single government entity. It needs massive effort from all concerned stakeholders. The reason that there is very little Indic content online is because most internet users today either are comfortable using English or don’t have sufficient purchasing power to sustain different business models. As more and more Indians come online, more and more businesses will begin to leverage Indic content. However, focused and enlightened investments by the government would be very useful in helping Indic languages catch up on the internet.”

With Indic languages receiving a push from both the government and private players, it might just be time that the internet really becomes a tool for everyone.

For more details visit https://cis-india.org/internet-governance/news/governance-now-march-23-2015-ankita-lahiri-internet-becomes-vernacular-with-relaunch-of-e-bhasha

Internet at Liberty 2012: Promoting Progress and Freedom

praskrishna — 2012-05-26T04:17:46Z

Following the highly successful Internet at Liberty 2010, activists and experts from around the world converged on May 23-24 to explore the most pressing dilemmas and exciting opportunities around free expression in the digital age.

The Internet as a global, free, and open resource, is constantly developing. Over the past year we have seen how the Internet can shift power, broaden scope, and accelerate political and economic change. Simultaneously, governments and multinational companies shape what is possible online. Today, more than any time in history, technological and political forces are colliding to draw lines about how the Internet functions.

Internet at Liberty 2012, sponsored by Google, brought together global activists and representatives of academic centers, corporations, governments, the media and NGOs. The conference explored ways to expand the free flow of information online. Look for debates about today's most pressing internet freedom issues, and action-oriented workshops.

Agenda

= streamed live on the CitizenTube YouTube channel at youtube.com/citizentube

May 23, 2012

8:30 a.m.	Registration & Breakfast
9:30 a.m.- 10:00 a.m.	Welcome & Introduction
10:00 a.m. - 11:30 a.m.	Plenary I Debate 1: Should laws and regulations that affect the Internet favor individuals over the state? Speakers: John Kampfner - Author and historian Noomane Fehri - Tunisian National Constitutional Assembly Renata Avila - Lawyer and Advocate for Transparency, Global Voices Stewart Baker - Former Assistant Secretary, US Department of Homeland Security Susan Glasser - Editor in Chief, Foreign Policy
11:30 a.m. - 11:45 a.m	Break
11:45 a.m. - 1.00 p.m.	Break-out Discussions
1.00 p.m. - 2:15 p.m.	Lunch
2:15 p.m. - 3:45 p.m.	Workshop I Choice of workshops: New Frontiers in Citizen Journalism Economics of Internet Freedom Mobile Security Survival Guide: What Every Activist and Rights Defender Needs to Know About Communicating More Safely Video for Change: How To Create, Share and Use Video for Impact and Attention Social media: Strategies & tools for advocacy campaigns Shielding the Messenger: Protecting platforms for free expression
3:45 p.m. - 4:45 p.m.	Afternoon Break Research Displays
4:45 p.m. - 5:30 p.m.	Plenary II Debate 2: Is the Internet--and global communication among citizens--best served by today's organic mix of governing forces, or do we need a more centralized, global system? Speaker: Ben Wagner - European University Institute Gary Fowlie - Head, ITU Liaison Office to the United Nations Riz Khan (Moderator) - Reporter, Al Jazeera English
5:45 p.m. - 7.00 p.m.	Reception Research Displays
7.00 p.m.	Dinner Keynote Panel Speaker: Riz Khan - International Journalist, Television Host, Author at Al Jazeera English Sana Saleem Chiranuch “Jiew” Premchaiporn

See the original agenda in Google News

May 24, 2012

8:30 a.m. - 9.00 a.m	Registration & Breakfast
9.00 a.m. - 10.00 a.m.	Plenary III Research Lightning Round Speaker: Guy Berger, Mapping Digital Media Around the World Jeffrey Ghannam, Digital Media After the Arab Spring Katrin Verclas, Mobile Monitor Nadim Kobeissi, Securing Private Networks with Cryptocat Lucas Dixon, DDOS Protection Sarah Kendzior, The Impact of Social Media in Azerbaijan Claudio Ruiz, Freedom of Expression in Chile Christopher Fabian, uReport: UNICEF Innovations Nicklas Lunblad, Internet Freedom as Economics Issue Zeynep Tufekci
10.00 a.m. - 11.00 a.m.	Morning Break Research Displays
11.00 a.m. - 12:30 p.m.	Workshop II Choice of workshops: New Frontiers in Citizen Journalism Economics of Internet Freedom Mobile Security Survival Guide: What Every Activist and Rights Defender Needs to Know About Communicating More Safely Video for Change: How To Create, Share and Use Video for Impact and Attention Social Media: Strategies & tools for advocacy campaigns Shielding the Messenger: Protecting platforms for free expression
	Lunch
1.30 p.m. - 3.00 p.m.	Plenary IV Debate 3: In a world where nearly nine out of ten Internet users are not American, what is the responsibility of United States institutions in promoting internet freedom? Speaker: Sunil Abraham - Centre for Internet and Society Cynthia Wong - Center for Democracy and Technology Mohamed El Dahshan - writer, journalist Dunja Mijatović - OSCE Representative on Freedom of the Media Judy Woodruff (Moderator) - Senior Correspondent, PBS Newshour
3.00 p.m. - 4.00 p.m.	Closing Session

See the original agenda in Google News

For more details visit https://cis-india.org/news/internet-at-liberty-2012

Internet At Liberty 2012

praskrishna — 2012-07-05T05:24:33Z

Activists and experts from all over the world came together for this event organised by Google on May 23 and 24, 2012 to explore free expression in the digital age.

Sunil Abraham was a speaker in Plenary IV Debate 3: In a world where nearly nine out of ten Internet users are not American, what is the responsibility of United States institutions in promoting internet freedom? Cynthia Wong, Mohamed El Dahshan, Dunja Mijatović and Judy Woodruff were the other speakers in this panel. See the video below:

Video

Internet at Liberty 2012: Plenary IV - Sunil Abraham, Cynthia Wong, Mohamed El Dahshan and Dunja Mijatović

View the video on YouTube

For more details visit https://cis-india.org/news/internet-liberty-2012

Internet and the Police: Tool to Some, Trash to Others

Manoj Kumar — 2017-12-19T15:52:26Z

Strap: Disconnection with colleagues discomforts one part of the administration, but the other quips, what’s the big deal?

Panchkula, Haryana: Suspension of internet facilities to “prevent mishaps” has been a frequent exercise in Haryana during various agitations, but probing its effect on those responsible to maintain the law & order in the state shows a gap in acceptance of the information tool. There are some who understand its importance in bridging human interaction, and then, there are others who consider it nothing but an easy way to watch porn.

The tricity of Chandigarh, Panchkula and Mohali witnessed chaos and violence when Dera Sacha Sauda (DSS) chief Gurmeet Ram Rahim Singh was convicted in two rape cases on August 25. Mobile internet services were shut down across Punjab, Haryana and Chandigarh for 72 hours as over one lakh followers of the much-revered “godman” started pouring into Panchkula, camping around the district court complex where the special CBI court was hearing the case. The ban was later extended for another 48 hours to last till August 29.

Reports claimed that 38 people died in the interim violence between August 25 and 29. The internet shutdown, evidently, didn’t serve the purpose. But it did affect the efficiency of the mechanism put in place to control the law and order situation.

Shutdowns obstruct us too: Cops

Panchkula police commissioner Arshinder Singh Chawla said they faced challenges in ascertaining size of the crowd gathering at various locations after the mobile internet communication was temporarily killed. “We were until then sharing information and photos on WhatsApp to figure out the number of people pouring in the city from various points as it helped identify problem areas. DSS followers had started gathering August 22 onwards,” said Chawla, who was heading the operations when DSS followers went on a rampage in Panchkula.

Unavailability of internet had hindered police operations during the Jat agitation in 2016 as well. Jagdish Sharma, a retired DSP who was part of the team countering agitators at the Munak canal when they targeted the chief source of Delhi’s water supply, said his team faced challenges in gathering strength due to the absence of mobile communication. “The protesters had a much larger count than our personnel at the canal, but they weren’t aware of this. We were fearful that our wireless messages asking for reinforcements may be tapped into by them. We could have easily conveyed the message if WhatsApp was working then,” said Sharma. The cops retained control over Munak canal by remaining at their position for two days, until the reinforcements arrived, while posing as if they were prepared to take on the Jat agitators, Sharma added.

The Panchkula police commissioner said that the drone they were using to take photographs and videos during the DSS violence also fell out of use once mobile internet was curtailed. With drones in operation, their tasks would have been much easier, Chawla said.

Panchkula deputy commissioner Gauri Parashar Joshi faced the brunt when her security staff could not communicate with the security personnel at the district court complex. SP Krishan Murari, who was heading a commando squad on the day, said they had to help Joshi scale a wall to escape the court complex as they could not ascertain a safe escape route. The DSS supporters had surrounded the entrances to the complex and were ready to clash with police authorities, he said. Joshi said she could not reach out to her colleagues in the administration to share important messages and orders as the mobile internet services didn’t work.

‘Ban can’t always be boon’

Ram Singh Bishnoi, who was cyber security in-charge with the Haryana police until January 2017, believes a medium like internet should not be broken down. “I agree that rumours spread like wildfire, but the government should devise other ways to counter the problem than imposing a ban on net services,” he said.

IG (Telecommunication) Paramjit Singh Ahlawat, however, said there is not much use of the internet when the situation turns volatile in the region. Things like internet don’t matter to people when their lives and property are in danger; these services are enjoyed when law and order is under control, he said.

The cops in Haryana, where internet has been shut down over 11 times in the past two years, may find some learning in the way former Mumbai police commissioner Rakesh Maria avoided a scuffle from turning into a communal riot. Maria was lauded for using WhatsApp and SMS service to convince people not to believe rumours being circulated on their phones when clashes broke out between two communities in Lalbaug during Eid celebrations in early 2015.

Former Haryana DGP Mahender Singh Malik does not believe a ban on internet prevents any untoward incident. Government authorities take such a step in the name of maintaining law and order, but the real reason behind clamping internet is to avoid the masses from being aware of the blunders committed by the same authorities, alleged Malik, terming the decision to ban internet as “unwise” and “against the digital India” initiative of the Centre.

Malik also suggested that people should get compensation when internet shutdown is forced on them.

‘Internet is for the jobless’

However, not all officials in the police department seem to agree with the benefits of internet.

SP (Telecommunication) Vinod Kumar of Haryana Police said: “How does it (internet) matter to a common man? Internet is for those who have no serious job. It is for those who have time to kill on mobile phones, laptops and at cyber cafes.”

In nearby Uttar Pradesh as well, some cops were of the view that internet shutdown did not have much of an impact on their job or general administration. Sub-inspector Vijay Singh was posted in Saharanpur when internet was banned from May 24 for 10 days following caste clashes. “Internet band hone se farak sirf un logon ko pada jinhe din bhar keval mobile hee chalana hota hai. Kaam karne wala aadmi mobile aur internet par samay nahi bitata (Only those who have no work suffer because of internet ban. Those who have work in hand do not spend time on mobile and internet),” said Singh, who is now posted in Lucknow.

“Internet matlab kya - video, Facebook, blue film... aur kya? Agar itne bade gyani hai jinhe internet band hone se farak pada to wo yaha kya kar rahe hai, kahe nahi jakar ke IIT me admission le liye? (What does internet mean - videos, Facebook, porn films… what else? If you are so affected with internet being banned, why not go and study at IITs,” said Kaushlendra Pandey, another SI-rank policeman from Azamgarh district in UP.

The government of India, on the other hand, is campaigning to promote digital inclusion and accessibility across the country.

With additional inputs from Sat Singh and Saurabh Sharma, both members of 101Reporters.com

Manoj Kumar is a Chandigarh based freelance writer and a member of 101Reporters.com, a pan-India network of grassroots reporters. He has reported on a wide range of civic issues over the past 12 years. He has written for Dainik Jagran, Dainik Bhaskar, Amar Ujala, Outlook, etc.

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

For more details visit https://cis-india.org/internet-governance/blog/internet-and-the-police-tool-to-some-trash-to-others

We are anonymous, we are legion

Internet Freedom at Crossroads - Common Paths towards Strengthening Human Rights Online

Internet Freedom

Possible impact on elections

In times of disasters

Content and carriage converge

What is Net neutrality?

Internet firms deny existence of PRISM

Internet expert Pranesh Prakash criticizes Indian cyber blockades

Internet expert criticizes Indian cyber blockades

Internet Democratisation: IANA Transition Leaves Much to be Desired

Many suspect Washington’s 2014 announcement of handing over control of the IANA contract to be fuelled by the outcry following Edward Snowden’s revelations of the extent of US government surveillance. Source: AFP

Internet Curbs

Internet clamp outrage

Internet Censorship: Anonymous Can’t be Just Harmful Hackers

Internet Censorship, Surveillance, and Corporate Transparency

Internet censorship will continue in opaque fashion

Internet becomes vernacular with relaunch of e-bhasha

Where India stands

The chicken or the egg?

Internet at Liberty 2012: Promoting Progress and Freedom

Agenda

Registration & Breakfast

Welcome & Introduction

Plenary I

Break

Break-out Discussions

Lunch

Workshop I

Afternoon Break

Plenary II

Reception

Dinner

Plenary III

Workshop II

Lunch

Plenary IV

Closing Session

Internet At Liberty 2012

Video

Internet and the Police: Tool to Some, Trash to Others