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International Conference on Justice Education:Legal Implications of Artificial Intelligence

Admin — 2019-03-20T15:52:29Z

Arindrajit Basu attended the International Conference on Justice Education with the theme "Artificial Intelligence and its Legal Implications" at Institute of Law Nirma University. The event was organized by Nirma University in Ahmedabad on March 15 - 16, 2019. Arindrajit was a theme speaker for the panel on Legal Implications of Artificial Intelligence and was a judge of the presentations in the same session.

Click to read the agenda

For more details visit https://cis-india.org/internet-governance/news/international-conference-on-justice-education-legal-implications-of-artificial-intelligence

International Conference on Cyberlaw & Cybercrime

praskrishna — 2014-04-04T08:56:42Z

The International Conference on Cyberlaw and Cybercrime will take place on March 13, 2014. The event is organized by Cyberlaws.net and Pawan Duggal Associates. Sunil Abraham is participating in the event as a panelist.

Read more on the conference on cybercrime.com. For speakers list click here.

The objectives of the International Conference on #Cyberlaw & #Cybercrime are as follows:

To identify the emerging #Cyberlaw trends and jurisprudence impacting #cyberspace in today’s scenario.
To create far more awareness about the newly emerging kinds of #cybercrimes that are impacting all stakeholders in the digital and mobile ecosystem.
To identify the areas in #cyber crimes where #Cyberlaw needs to be further evolved so as to meet with the expectation and needs of the relevant stakeholders of the digital and #mobile ecosystem.
To work in the direction of creating an international network of #cybercrimes and cyber-legal law professionals which could then be an important voice in the further development of #cybercrimes and #Cyberlaw jurisprudence across the world.

The International Conference on #Cyberlaw & #Cybercrime will look at the emerging legal, policy and regulatory issues pertaining to cyberspace and #cybercrimes.

Cyber crimes are now beginning to impact corporates in their new avatar. What are the major international Cyberlaw and #Cybercrime trends? What kind of new manifestations of #cybercrimes are beginning to emerge that corporate need to be careful of? What international best practices need to be kept in mind by corporates for protecting themselves from being victims of #cybercrimes? What kind of overall anti-cybercrime strategies do corporates need to have in place? These and a variety of other issues are sought to be addressed in the International Conference on #Cyberlaw & #Cybercrime.

Agenda

8:00 am – 9:00 am	Registration/Collection of Badges
9:00 am – 10:15 am	Pavan Duggal President, Cyberlaws.Net & Advocate, Supreme Court of India Inaugural of the Conference and Inaugural Address: Hon’ble Mr. Justice Madan B Lokur, Hon’ble Judge, Supreme Court of India Address: P K Malhotra, Secretary, Ministry of Law & Justice, Government of India Prof. Antonino Zichichi President of World Federation of Scientists (WFS) Steve Crocker, Chairman, Internet Corporation for Assigned Names & Numbers (ICANN)
10:15 am – 10:30 am	Networking Tea
10:30 am – 11:45 am	Session I- What You Need To Know About Cyberlaw Today? (Cyberlaw-Existing Cyber Legal Issues, Regimes & Challenges) Pavan Duggal President, Cyberlaws.Net & Advocate, Supreme Court of India Dr. Henning Wegener, Chairman, Permanent Monitoring Panel on Information Security, World Federation of Scientists, Geneva Shri T A Khan, Controller of Certifying Authorities
11:45 am to 1:15 pm	Session II- Is Cyber Security A Fad or Do We Need To Be Concerned? (Cyber Security- Cyberlaw & Cybercrime) Dr. Gulshan Rai Director General, CERT-In Jagdish Mahapatra, MD, India & SAARC McAfee Prof. Rajat Moona Director General, C-DAC Vijay Sethi, CIO & Vice President Information Systems, Hero MotoCorp Ltd Prasanto Roy, Chief Editor of the ICT group of CyberMedia Subramanian Chandrasekhar Group Director Government Affairs Microsoft India Aditya Mishra, Inspector General Border Security Force Ram Mohan Executive Vice President & Chief Technology Officer, Afilias Limited Subimal Bhattacharjee, Former Country Head, General Dynamics & Cyber Security Professional
1:15 pm to 2:00 pm	Networking Lunch & Luncheon Addresses
	Session III- Cybercrime, Cybercrime Everywhere, Not Many Convictions in Sight (Cybercrime In The Digital And Mobile Ecosystem – Issues concerning Detection, Investigation And Prosecution Of Cybercrimes) Laurel G. Bellows, Immediate Past President, American Bar Association Navneet R Wasan, Additional Director General at National Investigation Agency Loknath Behra, IGP Bureau of Police Research and Development, India Muktesh Chander, Joint Commissioner of Police Alok Vijayant, Director, IDG, NTRO Dr. Arun Mohan, Senior Advocate, Supreme Court of India Rajiv Prakash Saxena Deputy Director General NIC Dr. Raymond Choo, PhD in Information Security Roland Trope, Partner- Trope and Schramm LLP. Felix Mohan, Former CISO, Airtel
3:15 pm to 3:30 pm	Networking Tea
3:30 pm to 4:45 pm	Session IV- As Corporates & Intermediaries, How Much Are We Liable Today For Third Party Data? (Liabilities of Intermediaries, Service Providers and Corporates in today’s scenario- The Current and Future Paths) Hon’ble Mr. Justice (Retd.) Rajesh Tandon, Former Chairperson, Cyber Appellate Tribunal Rajesh Agarwal, IT Secretary, Govt. of Maharashtra Rajesh Chharia President ISPAI Abhilash Nair, Northumbria University Sunil Abraham Executive Director the Centre for Internet and Society Dr. H K Hirve, CGM DIT, Reserve Bank of India, (RBI) Anja Kovacs, researcher and activist, and Director of the Internet Democracy
4:45pm to 5:55pm	Address by Mr. Mohan Parasaran, Solicitor General of India
4:55 pm to 6:25 pm	Session V- Crystal Gazing All To The horizon – What we need to be prepared regarding Cyberlaw & Cybercrime (Emerging Trends Concerning Cyberlaw & Cybercrime – The Way Forward) Prof. (Dr.) Ranbir Singh, Founder Vice-Chancellor of National Law University, Delhi Giancarlo Frosio, SJD, Intermediary Liability Fellow, Center for Internet and Society, Stanford Law School Markus Kummer Vice President, Public Policy Elizabeth T. Ploshay, Manager of Communications at Bitcoin Magazine Dhrupad Mathur, Director, Industry Interface and Associate Professor, Information Technology S P Jain School of Global Management – Dubai, Singapore, Sydney Dr. Hemant Darbari, Executive Director, Centre for Development of Advanced Computing (C-DAC) Prof. Rajni Jindal, Dean, Research and Collaboration and Head, Indira Gandhi Delhi Technical University for Women (IGDTUW) Dr. Govind, CEO, National Internet Exchange of India Jagdish Mahapatra, MD, India & SAARC McAfee Saket Modi, CEO, Lucideus Tech Private Limited Usha Ramanathan, Independent Law Researcher and Magsasay Award Winner R M Aggarwal, DDG DOT Tulika Pandey Additional Director, Government of India, Ministry of Communications & Department of Information Technology Prasanto Roy, Chief Editor of the ICT group of Cyber Media Navin Chopra, CEO Agile Group Deepak Maheshwari, Public Policy professional Pavan Duggal President, Cyberlaws.Net & Advocate, Supreme Court of India
	Summing up of the Conference – Mr. Pavan Duggal President, Cyberlaws.Net & Advocate, Supreme Court of India Valedictory Address by Shri J. Satyanarayana, Secretary, Department of Information Technology, Ministry of Communications and Information Technology, Government of India
6:45 pm to 7:30 pm	Vote of Thanks & High Tea

For more details visit https://cis-india.org/news/intl-conference-cyberlaw-crime

International Communication Association Pre-Conference on 'India and Communication Studies'

sachia — 2011-04-02T15:56:35Z

Sunil Abraham, Director-Policy, CIS, is to take part in a panel discussion on 'Media, Technology, and Governance' at the International Communication Association Pre-Conference on 'India and Communication Studies' on 21 May 2009, 1.00-2.15 pm.

PRECONFERENCE #2

Sponsored by the Center for Global Communication Studies, Annenberg School for Communication, University for Pennsylvania, and Centre for Culture, Media & Governance, Jamia Millia Islamia University, New Delhi

Title: India and Communication Studies

Time: Wednesday, May 20, 13:00 – 19:00 and
Thursday, May 21, 8:00 – 17:00

Limit: 50 persons

Cost: $100.00USD (Includes refreshment breaks, lunch and reception)
$50.00USD Students

Organizers:

• Monroe Price, Director, Center for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania
• Biswajit Das, Director, Centre for Culture, Media & Governance, Jamia Millia Islamia University, New Delhi
• Aswin Punathambekar, Assistant Professor, Communication Studies, University of Michigan, Ann Arbor
• Radhika Parameswaran, Associate Professor, School of Journalism, Indiana University, Bloomington

Overview:

India plays an increasingly important role in the processes of globalization, including the global production of culture and the communications technology industry. At the same time, the field of communication studies in India is expanding. Yet there is no Indian Communications Association and little in the way of considered and formal review of contributions to the field.

This pre-conference is an effort to create a new coherence and a new salience for this subject by mapping the area of communication and culture studies in India; to strengthen ties among leading and emerging scholars and institutions in India and elsewhere; to develop and cultivate a research agenda for the field; and to explore the creation of an Indian Communication Studies Association.

The pre-conference will take place over 2 days. The first day will be dedicated to paper presentations from emerging scholars on a diverse range of issues, including media and cultural representations, gender, minorities, issues of nationalism and culture, and structural questions of governance.

The second day will be centered around three panels, which will address the development of communication studies in India; issues of technology, governance and development; and a discussion of scholarship about India. The organized panels will draw from academia, business, civil society, and government/policy-making circles.
Schedule for India and Communication Studies ICA Pre-Conference:

May 20 (Day One):

13.00 – 13.15 Opening Remarks, Monroe Price and organizers
13.15 – 14.30 Paper presentations: Session 1
14.30 – 15.45 Paper presentations: Session 2
15.45 – 16.00 Break
16.00 – 17.15 Paper presentations: Session 3

Moderators for paper sessions: TBC

17.30 – 19.00 Reception for pre-conference participants and guests

May 21 (Day Two):

8.00 – 9.00: Breakfast for pre-conference participants

9.00 – 10.15 Opening Keynote Discussion -- India and Cultural Pathways: Reflections on Identity, History and Scholarship:

The opening keynote will address the history of communications/media studies in and about India, placing it in the broader context of global communication studies and globalization and international relations.

• Biswajit Das, Centre for Culture, Media & Governance, Jamia Millia Islamia University
• Radhika Gajjala, Bowling Green University
• Sevanti Ninan, Honorary Secretary, The Media Foundation (TBC)
• Arvind Singhal, University of Texas (TBC)
• Daya Thussu, University of Westminster

Moderator: Monroe Price, Center for Global Communication Studies, Annenberg School for Communication, University of Pennsylvania

10.15 – 10.30 – Coffee Break

10.30 -- 11.45 Panel One: The Complex Challenge of Developing Communications Studies in India

This panel will seek to begin mapping the intellectual network of scholars that has informed communications scholarship in and about India. Panelists will discuss the history and development of "Indian" communication studies, including the approaches taken towards this subject; the competition between production and commercial goals and theoretical study; and the institutional and other pressures and challenges encountered by emerging programs..

• Biswajit Das, Centre for Culture, Media & Governance, Jamia Millia Islamia University
• Vinod Pavarala, University of Hyderabad
• Anjali Monteiro, Tata Institute of Social Sciences
• Atul Tandon, MICA
• Peng Hwa Ang, MICORE

Moderator: Noshir Contractor, Northwestern University

11.45 – 13.00 –Lunch

13.00 – 14.15 Panel Two: "Media, Technology & Governance"

This panel will be approached through cases as presented by the panelists. It seeks to (a) open the door to the growing work on the IT industry and ICT for Development; and (b) outline a tighter set of analytics to encourage a stronger connection between academic research & public policy in India.

• David Page or William Crawley (TBC), Media South Asia Project, Institute of Development Studies, Sussex University, UK
• Victoria Farmer, Department of Political Science and International Relations SUNY-Geneseo
• Steve McDowell, Department of Communication, Florida State University
• Sunil Abraham, Director (Policy), Centre for Internet & Society, Bangalore

Moderator: Vibodh Parthasarathi, Associate Professor, Centre for Culture, Media & Governance, Jamia Millia Islamia University

14.15 – 14.30 Coffee Break

14.30 – 15.45 Panel Three: Nodes of Contact: How to Map Scholarship about India

This panel aims to map the intellectual patterns and trajectories in media and communications scholarship on India. Panelists will address specific areas within communications research--gender and interdisciplinarity, new media, diaspora, television, and media production and reception--to chart and analyze the theoretical and empirical terrain that scholars have covered, and to suggest new and productive directions for future research.

• Radha Hegde, Department of Media, Culture, and Communication, New York University
• Shanti Kumar, Department of Radio-Television-Film, The University of Texas at Austin
• William Mazzarella, University of Chicago
• Ananda Mitra, Department of Communication, Wake Forest University
• Hemant Shah, School of Journalism & Mass Communication, University of Wisconsin-Madison

Moderator: Radhika Parameswaran, School of Journalism, Indiana University

15.45 – 16.15 Concluding Remarks and Wrap-up

This last part of the ICA Pre-Conference Program will feature open discussion and commentary from the organizers and audience.

For more information about this pre-conference, please contact Susan Abbott, Associate Director, Center for Global Communication Studies: sabbott@asc.upenn.edu

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Click here to read this information on the ICA website.

For more details visit https://cis-india.org/news/ica-preconference

Intermediary Liability Resources

elonnai — 2014-07-03T06:45:48Z

We bring you a list of intermediary resources as part of research on internet governance. This blog post will be updated on an ongoing basis.

Shielding the Messengers: Protecting Platforms for Expression and Innovation. The Centre for Democracy and Technology. December 2012, available at: https://www.cdt.org/files/pdfs/CDT-Intermediary-Liability-2012.pdf: This paper analyses the impact that intermediary liability regimes have on freedom of expression, privacy, and innovation. In doing so, the paper highlights different models of intermediary liability regimes, reviews different technological means of restricting access to content, and provides recommendations for intermediary liability regimes and provides alternative ways of addressing illegal content online.
Internet Intermediaries: Dilemma of Liability: Article 19. 2013, available at: http://www.article19.org/data/files/Intermediaries_ENGLISH.pdf:This Policy Document reviews different components of intermediary liability and highlights the challenges and risks that current models of liability have to online freedom of expression. Relying on international standards for freedom of expression and comparative law, the document includes recommendations and alternative models that provide stronger protection for freedom of expression. The key recommendation in the document include: web hosting providers or hosts should be immune from liability to third party content if they have not modified the content, privatised enforcement should not be a model and removal orders should come only from courts or adjudicatory bodies, the model of notice to notice should replace notice and takedown regimes, in cases of alleged serious criminality clear conditions should be in place and defined.
Comparative Analysis of the National Approaches to the Liability of Internet Intermediaries: Prepared by Daniel Seng for WIPO, available at http://www.wipo.int/export/sites/www/copyright/en/doc/liability_of_internet_intermediaries.pdf:This Report reviews the intermediary liability regimes and associated laws in place across fifteen different contexts with a focus on civil copyright liability for internet intermediaries. The Report seeks to find similarities and differences across the regimes studied and highlight principles and components in different that can be used in international treaties and instruments, upcoming policies, and court decisions.
Freedom of Expression, Indirect Censorship, & Liability for Internet Intermediaries. The Electronic Frontier Foundation. February 2011, available at: http://infojustice.org/download/tpp/tpp-civil-society/EFF%20presentation%20ISPs%20and%20Freedom%20of%20Expression.pdf:This presentation was created for the Trans-Pacific Partnership Stakeholder Forum in Chile and highlights that for freedom of expression to be protected, clear legal protections for internet intermediaries are needed and advocates for a regime that provides blanket immunity to intermediaries or is based on judicial takedown notices.
Study on the Liability of Internet Intermediaries. Contracted by the European Commission. 2007, available at: http://ec.europa.eu/internal_market/e-commerce/docs/study/liability/final_report_en.pdf. This Report provides insight on the application of the intermediary liability sections of the EU e-commerce directive and studies the impact of the regulations under the Directive on the functioning of intermediary information society services. To achieve this objective, the study identifies relavant case law across member states, calls out and evaluates developing trends across Member States, and draws conclusions.
Internet Intermediary Liability: Identifying Best Practices for Africa. Nicolo Zingales for the Association for Progressive Communications, available at: https://www.apc.org/en/system/files/APCInternetIntermediaryLiability_BestPracticesAfrica_20131125.pdf: This background paper seeks to identify challenges and opportunities in addressing intermediary liability for countries in the African Union and recommend safeguards that can be included in emerging intermediary liability regimes in the context of human rights. The paper also reviews different models of intermediary liability and discusses the limitations, scope, and modes of operation of each model.
The Liability of Internet Intermediaries in Nigeria, Kenya, South Africa, and Uganda: An uncertain terrain. Association for Progressive Communications. October 2012, available at: http://www.academia.edu/2484536/The_liability_of_internet_intermediaries_in_Nigeria_Kenya_South_Africa_and_Uganda_An_uncertain_terrain:This Report reviews intermediary liability in Nigeria, Kenya, South Africa and Uganda – providing background to the political context, relevant legislation, and present challenges . In doing so, the Report provides insight into how intermediary liability has changed in recent years in these contexts and explores past and present debates on intermediary liability. The Report concludes with recommendations for stakeholders affected by intermediary liability.
The Fragmentation of intermediary liability in the UK. Daithi Mac Sithigh. 2013, available at: http://jiplp.oxfordjournals.org/content/8/7/521.full.pdf?keytype=ref&ijkey=zuL8aFSzKJqkozT. This article looks at the application of the Electronic Commerce Directive across Europe and argues that it is being intermixed and subsequently replaced with provisions from national legislation and provisions of law from area specific legislation. Thus, the article argues that systems for intermediary liability are diving into multiple systems – for example for content related to copyright intermediaries are being placed with new responsibilities while for content related to defamation, there is a reducing in the liability that intermediaries are held to.
Regimes of Legal Liability for Online Intermediaries: an Overview. OECD, available at: http://www.oecd.org/sti/ieconomy/45509050.pdf. This article provides an overview of different intermediary liability regimes including EU and US.
Closing the Gap: Indian Online Intermediaries and a Liability System Not Yet Fit for Purpose. GNI. 2014, available at: http://www.globalnetworkinitiative.org/sites/default/files/Closing%20the%20Gap%20-%20Copenhagen%20Economics_March%202014_0.pdf. This Report argues that the provisions of the Information Technology Act 2000 are not adequate to deal with ICT innovations , and argues that the current liability regime in India is hurting the Indian internet economy.
Intermediary Liability in India. Centre for Internet and Society. 2011, available at: http://cis-india.org/internet-governance/intermediary-liability-in-india.pdf. This report reviews and ‘tests’ the effect of the Indian intermediary liability on freedom of expression. The report concludes that the present regime in India has a chilling effect on free expression and offers recommendations on how the Indian regime can be amended to protect this right.
The Liability of Internet Service providers and the exercise of the freedom of expression in Latin America have been explored in detail through the course of this research paper by Claudio Ruiz Gallardo and J. Carlos Lara Galvez. The paper explores the efficacy and the implementation of proposals to put digital communication channels under the oversight of certain State sponsored institutions in varying degrees. The potential consequence of legal intervention in media and digital platforms, on the development of individual rights and freedoms has been addressed through the course of this study. The paper tries to arrive at relevant conclusions with respect to the enforcement of penalties that seek to redress the liability of communication intermediaries and the mechanism that may be used to oversee the balance between the interests at stake as well as take comparative experiences into account. The paper also analyses the liability of technical facilitators of communications while at the same time attempting to define a threshold beyond which the interference into the working of these intermediaries may constitute an offence of the infringement of the privacy of users. Ultimately, it aims to derive a balance between the necessity for intervention, the right of the users who communicate via the internet and interests of the economic actors who may be responsible for the service: http://www.palermo.edu/cele/pdf/english/Internet-Free-of-Censorship/02-Liability_Internet_Service_Providers_exercise_freedom_expression_Latin_America_Ruiz_Gallardo_Lara_Galvez.pdf

Click to read the newsletter from the Association of Progressive Communications. The summaries for the reports can be found below:

Internet Intermediaries: The Dilemma of Liability in Africa. APC News, May 2014, available at: http://www.apc.org/en/node/19279/. This report summarizes the challenges facing internet content regulators in Africa, and the effects of these regulations on the state of the internet in Africa. Many African countries do not protect intermediaries from potential liability, so some intermediaries are too afraid to transmit or host content on the internet in those countries. The report calls for a universal rights protection for internet intermediaries.

APC’s Frequently Asked Questions on Internet Intermediary Liability: APC, May 2014, available at: http://www.apc.org/en/node/19291/. This report addresses common questions pertaining to internet intermediaries, which are entities which provide services that enable people to use the internet, from network providers to search engines to comments sections on blogs. Specifically, the report outlines different models of intermediary liability, defining two main models. The “Generalist” model intermediary liability is judged according to the general rules of civil and criminal law, while the “Safe Harbour” model protects intermediaries with a legal safe zone.

New Developments in South Africa: APC News, May 2014, available at: http://www.apc.org/en/news/intermediary-liability-new-developments-south-afri. This interview with researchers Alex Comninos and Andrew Rens goes into detail about the challenges of intermediary in South Africa. The researchers discuss the balance that needs to be struck between insulating intermediaries from a fear of liability and protecting women’s rights in an environment that is having trouble dealing with violence against women. They also discuss South Africa’s three strikes policy for those who pirate material.

Preventing Hate Speech Online In Kenya: APCNews, May 2014, available at: http://www.apc.org/en/news/intermediary-liability-preventing-hate-speech-onli. This interview with Grace Githaiga investigates the uncertain fate of internet intermediaries under Kenya’s new regime. The new government has mandated everyone to register their SIM cards, and indicated that it was monitoring text messages and flagging those that were deemed risky. This has led to a reduction in the amount of hate speech via text messages. Many intermediaries, such as newspaper comments sections, have established rules on how readers should post on their platforms. Githaiga goes on to discuss the issue of surveillance and the lack of a data protection law in Kenya, which she sees as the most pressing internet issue in Kenya.

New Laws in Uganda Make Internet Providers More Vulnerable to Liability and State Intervention: APCNews, May 2014, available at: http://www.apc.org/en/news/new-laws-uganda-make-internet-providers-more-vulne. In an interview, Lilian Nalwoga discusses Uganda’s recent anti-pornography law that can send intermediaries to prison. The Anti-Pornography Act of 2014 criminalizes any sort of association with any form of pornography, and targets ISPs, content providers, and developers, making them liable for content that goes through their systems. This makes being an intermediary extremely risky in Uganda. The other issue with the law is a vague definition of pornography. Nalwoga also explains the Anti-Homosexuality Act of 2014 bans any promotion or recognition of homosexual relations, and the monitoring technology the government is using to enforce these laws.

New Laws Affecting Intermediary Liability in Nigeria: APCNews, May 2014, available at: http://www.apc.org/en/news/new-laws-affecting-intermediary-liability-nigeria. Gbenga Sesan, executive director of Paradigm Initiative Nigeria, expounds on the latest trends in Nigerian intermediary liability. The Nigerian Communications Commission has a new law that mandates ISPs store users data for at least here years, and wants to make content hosts responsible for what users do on their networks. Additionally, in Nigeria, internet users register with their real name and prove that you are the person who is registration. Sesan goes on to discuss the lack of safe harbor provisions for intermediaries and the remaining freedom of anonymity on social networks in Nigeria.

Internet Policies That Affect Africans: APC News, May 2014, available at: http://www.apc.org/en/news/intermediary-liability-internet-policies-affect-af. The Associsation for Progressive Communcations interviews researcher Nicolo Zingales about the trend among African governments establishing further regulations to control the flow of information on the internet and hold intermediaries liable for content they circulate. Zingales criticizes intermediary liability for “creating a system of adverse incentives for free speech.” He goes on to offer examples of intermediaries and explain the concept of “safe harbor” legislative frameworks. Asked to identify best and worst practices in Africa, he highlights South Africa’s safe harbor as a good practice, and mentions the registration of users via ID cards as a worst practice.

Towards Internet Intermediary Responsibility: Carly Nyst, November 2013, available at: http://www.genderit.org/feminist-talk/towards-internet-intermediary-responsibility. Nyst argues for a middle ground between competing goals in internet regulation in Africa. Achieving one goal, of protecting free speech through internet intermediaries seems at odds with the goal of protecting women’s rights and limiting hate speech, because one demands intermediaries be protected in a legal safe harbor and the other requires intermediaries be vigilant and police their content. Nyst’s solution is not intermediary liability but responsibility, a role defined by empowerment, and establishing an intermediary responsibility to promote positive gender attitudes.

For more details visit https://cis-india.org/internet-governance/blog/intermediary-liability-resources

Intermediary liability law needs updating

sunil — 2019-02-13T00:05:30Z

The time has come for India to exert its foreign policy muscle. There is a less charitable name for intermediary liability regimes like Sec 79 of the IT Act — private censorship regimes.

The article was published in Business Standard on February 9, 2019.

Intermediaries get immunity from liability emerging from user-generated and third-party content because they have no “actual knowledge” until it is brought to their notice using “take down” requests or orders.

Since some of the harm caused is immediate, irreparable and irreversible, it is the preferred alternative to approaching courts for each case. When intermediary liability regimes were first enacted, most intermediaries were acting as common carriers — ie they did not curate the experience of users in a substantial fashion. While some intermediaries like Wikipedia continue this common carrier tradition, others driven by advertising revenue no longer treat all parties and all pieces of content neutrally. Facebook, Google and Twitter do everything they can to raise advertising revenues. They make you depressed. And if they like you, they get you to go out and vote. There is an urgent need to update intermediary liability law.

In response to being summoned by multiple governments, Facebook has announced the establishment of an independent oversight board. A global free speech court for the world’s biggest online country. The time has come for India to exert its foreign policy muscle. The amendments to our intermediary liability regime can have global repercussions, and shape the structure and functioning of this and other global courts.

While with one hand Facebook dealt the oversight board, with the other hand it took down APIs that would enable press and civil society to monitor political advertising in real time. How could they do that with no legal consequences? The answer is simple — those APIs were provided on a voluntary basis. There was no law requiring them to do so.

There are two approaches that could be followed. One, as scholar of regulatory theory Amba Kak puts it, is to “disincentivise the black box”. Most transparency reports produced by intermediaries today are on a voluntary basis; there is no requirement for this under law. Our new law could require a extensive transparency with appropriate privacy safeguards for the government, affected parties and the general public in terms of revenues, content production and consumption, policy development, contracts, service-level agreements, enforcement, adjudication and appeal. User empowerment measures in the user interface and algorithm explainability could be required. The key word in this approach is transparency.

The alternative is to incentivise the black box. Here faith is placed in technological solutions like artificial intelligence. To be fair, technological solutions may be desirable for battling child pornography, where pre-censorship (or deletion before content is published) is required. Fingerprinting technology is used to determine if the content exists in a global database maintained by organisations like the Internet Watch Foundation. A similar technology called Content ID is used pre-censor copyright infringement. Unfortunately, this is done by ignoring the flexibilities that exist in Indian copyright law to promote education, protect access knowledge by the disabled, etc. Even within such narrow application of technologies, there have been false positives. Recently, a video of a blogger testing his microphone was identified as a pre-existing copyrighted work.

The goal of a policy-maker working on this amendment should be to prevent repeats of the Shreya Singhal judgment where sections of the IT Act were read down or struck down. To avoid similar constitution challenges in the future, the rules should not specify any new categories of illegal content, because that would be outside the scope of the parent clause. The fifth ground in the list is sufficient — “violates any law for the time being in force”. Additional grounds, such as “harms minors in anyway”, is vague and cannot apply to all categories of intermediaries — for example, a dating site for sexual minorities. The rights of children need to be protected. But that is best done within the ongoing amendment to the POCSO Act.

As an engineer, I vote to eliminate redundancy. If there are specific offences that cannot fit in other parts of the law, those offences can be added as separate sections in the IT Act. For example, even though voyeurism is criminalised in the IT Act, the non-consensual distribution of intimate content could be criminalised, as it has been done in the Philippines.

Provisions that have to do with data retention and government access to that data for the purposes of national security, law enforcement and also anonymised datasets for the public interest should be in the upcoming Data Protection law. The rules for intermediary liability is not the correct place to deal with it, because data retention may also be required of those intermediaries that don’t handle any third-party information or user generated content. Finally, there have to be clear procedures in place for reinstatement of content that has been taken down.

Disclosure: The Centre for Internet and Society receives grants from Facebook, Google and Wikimedia Foundation

For more details visit https://cis-india.org/internet-governance/blog/business-standard-february-9-2019-sunil-abraham-intermediary-liability-law-needs-updating

Intermediary Liability in India: Chilling Effects on Free Expression on the Internet

Rishabh Dara — 2012-12-14T10:22:24Z

The Centre for Internet & Society in partnership with Google India conducted the Google Policy Fellowship 2011. This was offered for the first time in Asia Pacific as well as in India. Rishabh Dara was selected as a Fellow and researched upon issues relating to freedom of expression. The results of the paper demonstrate that the ‘Information Technology (Intermediaries Guidelines) Rules 2011’ notified by the Government of India on April 11, 2011 have a chilling effect on free expression.

Intermediaries are widely recognised as essential cogs in the wheel of exercising the right to freedom of expression on the Internet. Most major jurisdictions around the world have introduced legislations for limiting intermediary liability in order to ensure that this wheel does not stop spinning. With the 2008 amendment of the Information Technology Act 2000, India joined the bandwagon and established a ‘notice and takedown’ regime for limiting intermediary liability.

On the 11th of April 2011, the Government of India notified the ‘Information Technology (Intermediaries Guidelines) Rules 2011’ that prescribe, amongst other things, guidelines for administration of takedowns by intermediaries. The Rules have been criticised extensively by both the national and the international media. The media has projected that the Rules, contrary to the objective of promoting free expression, seem to encourage privately administered injunctions to censor and chill free expression. On the other hand, the Government has responded through press releases and assured that the Rules in their current form do not violate the principle of freedom of expression or allow the government to regulate content.

This study has been conducted with the objective of determining whether the criteria, procedure and safeguards for administration of the takedowns as prescribed by the Rules lead to a chilling effect on online free expression. In the course of the study, takedown notices were sent to a sample comprising of 7 prominent intermediaries and their response to the notices was documented. Different policy factors were permuted in the takedown notices in order to understand at what points in the process of takedown, free expression is being chilled.

The results of the paper clearly demonstrate that the Rules indeed have a chilling effect on free expression. Specifically, the Rules create uncertainty in the criteria and procedure for administering the takedown thereby inducing the intermediaries to err on the side of caution and over-comply with takedown notices in order to limit their liability; and as a result suppress legitimate expressions. Additionally, the Rules do not establish sufficient safeguards to prevent misuse and abuse of the takedown process to suppress legitimate expressions.

Of the 7 intermediaries to which takedown notices were sent, 6 intermediaries over-complied with the notices, despite the apparent flaws in them. From the responses to the takedown notices, it can be reasonably presumed that not all intermediaries have sufficient legal competence or resources to deliberate on the legality of an expression. Even if such intermediary has sufficient legal competence, it has a tendency to prioritize the allocation of its legal resources according to the commercial importance of impugned expressions. Further, if such subjective determination is required to be done in a limited timeframe and in the absence of adequate facts and circumstances, the intermediary mechanically (without application of mind or proper judgement) complies with the takedown notice.

The results also demonstrate that the Rules are procedurally flawed as they ignore all elements of natural justice. The third party provider of information whose expression is censored is not informed about the takedown, let alone given an opportunity to be heard before or after the takedown. There is also no recourse to have the removed information put-back or restored. The intermediary is under no obligation to provide a reasoned decision for rejecting or accepting a takedown notice.

The Rules in their current form clearly tilt the takedown mechanism in favour of the complainant and adversely against the creator of expression.

The research highlights the need to:

increase the safeguards against misuse of the privately administered takedown regime

reduce the uncertainty in the criteria for administering the takedown

reduce the uncertainty in the procedure for administering the takedown

include various elements of natural justice in the procedure for administering the takedown

replace the requirement for subjective legal determination by intermediaries with an objective test

Click to download the report [PDF, 406 Kb]

Appendix 2

The above documents have been sent to:

Shri Kapil Sibal, Minister of Human Resource Development and Minister of Communications and Information Technology
Shri Milind Murli Deora, Minister of State of Communications and Information Technology
Shri Sachin Pilot, Minister of State, Ministry of Communications and Information Technology
Dr. Anita Bhatnagar, Joint Secretary, Department of Electronics & Information Technology, Ministry of Communications & Information Technology
Dr. Ajay Kumar, Joint Secretary, Department of Electronics & Information Technology, Ministry of Communications & Information Technology
Dr. Gulshan Rai, Scientist G & Group Coordinator, Director General, ICERT, Controller Of Certifying, Authorities and Head of Division, Cyber Appellate Tribunal

For more details visit https://cis-india.org/internet-governance/chilling-effects-on-free-expression-on-internet

Intermediary Liability in India: Chilling Effects on Free Expression on the Internet 2011

Rishabh Dara — 2012-04-21T18:05:58Z

On the 11th of April 2011, the Government of India notified the Information Technology (Intermediaries Guidelines) Rules 2011 that prescribe, amongst other things, guidelines for administration of takedowns by intermediaries. The Rules have been criticised extensively by both national and international media. The media has projected that the Rules, contrary to the objective of promoting free expression, seem to encourage privately administered injunctions to censor and chill free expression. On the other hand, the Government has responded through press releases and assured that the Rules in their current form do not violate the principle of freedom of expression or allow the government to regulate content.

This study has been conducted with the objective of determining whether the criteria, procedure and safeguards for administration of the takedowns as prescribed by the Rules lead to a chilling effect on online free expression. In the course of the study, takedown notices were sent to a sample comprising of 7 prominent intermediaries and their response to the notices was documented. Different policy factors were permuted in the takedown notices in order to understand at what points in the process of takedown, free expression is being chilled.

The results of the paper clearly demonstrate that the Rules indeed have a chilling effect on free expression. Specifically, the Rules create uncertainty in the criteria and procedure for administering the takedown thereby inducing the intermediaries to err on the side of caution and over-comply with takedown notices in order to limit their liability and as a result suppress legitimate expressions. Additionally, the Rules do not establish sufficient safeguards to prevent misuse and abuse of the takedown process to suppress legitimate expressions.

Of the 7 intermediaries to which takedown notices were sent, 6 intermediaries over-complied with the notices, despite the apparent flaws in them. From the responses to the takedown notices, it can be reasonably presumed that not all intermediaries have sufficient legal competence or resources to deliberate on the legality of an expression. Even if such intermediary has sufficient legal competence, it has a tendency to prioritise the allocation of its legal resources according to the commercial importance of impugned expressions. Further, if such subjective determination is required to be done in a limited timeframe and in the absence of adequate facts and circumstances, the intermediary mechanically (without application of mind or proper judgement) complies with the takedown notice.

The results also demonstrate that the Rules are procedurally flawed as they ignore all elements of natural justice. The third party provider of information whose expression is censored is not informed about the takedown, let alone given an opportunity to be heard before or after the takedown. There is also no recourse to have the removed information put-back or restored. The intermediary is under no obligation to provide a reasoned decision for rejecting or accepting a takedown notice. The Rules in their current form clearly tilt the takedown mechanism in favour of the complainant and adversely against the creator of expression.

The research highlights the need to:

increase the safeguards against misuse of the privately administered takedown regime;

reduce the uncertainty in the criteria for administering the takedown;

reduce the uncertainty in the procedure for administering the takedown;

include various elements of natural justice in the procedure for administering the takedown; and

replace the requirement for subjective legal determination by intermediaries with an objective test.

This executive summary is a research output of the Google Policy Fellowship 2011. The Centre for Internet & Society was the host organization. For the entire paper along with references, please write to rishabhdara@gmail.com or sunil@cis-india.org

For more details visit https://cis-india.org/internet-governance/intermediary-liability-in-india

Intermediary Liability & Freedom of Expression — Executive Summary

Rishabh Dara — 2016-04-24T11:54:22Z

This document provides a critique of “The Information Technology (Intermediaries Guidelines) Rules 2011 and proposes an alternate set of Rules.

For more details visit https://cis-india.org/internet-governance/intermediary-liability-and-foe-executive-summary.pdf

Inter Movements Open Forum: Trafficking Bill

Admin — 2018-08-18T09:21:02Z

On 18 May 2018 Gurshabad Grover on behalf of CIS presented comments on the Trafficking (Prevention, Protection and Rehabilitation) Bill 2018 at a meeting of the Inter Movements Open Forum jointly organised by Sangram, Naz Foundation, NNSW, Tarshi and VAMP. The meeting was held at India International Centre in New Delhi.

Gurshabad's presentation was based on Swaraj's blogpost and subsequent research by Kumarjeet that highlights certain problematic sections (36, 39, 41, 59) in the Bill which may have an adverse impact on freedom of expression, and may additionally change the landscape of intermediary liability rules in India.

Read the agenda here

Clarification (18th August, 2018): A letter sent to the Ministry of Women and Child Development mentioned the Centre for Internet & Society as instituionally endorsing a critique of the The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. We seek to clarify that the Centre for Internet & Society did not endorse the letter to the Ministry.

For more details visit https://cis-india.org/internet-governance/news/inter-movements-open-forum-trafficking-bill

Intelligence agencies will not have open access to Aadhaar data: UIDAI chief

praskrishna — 2016-10-21T01:32:56Z

Intelligence agencies will not have free access to Aadhaar data, a top government official said on Thursday, looking to assuage fears of abuse of personal information.

The article by Aloke Tikku was published in the Hindustan Times on October 20, 2016. Sunil Abraham was quoted.

The Unique Identification Authority of India (UIDAI), which issued identity cards to 1.07 billion Indians, last month decided to retain data related to the verification of Aadhaar-enabled transactions for seven years, leading to security concerns over data safety.

As reported by HT on Monday, privacy experts expressed concerns that transaction data retained for so long could be accessed by the security establishment for surveillance on individuals without sufficient grounds.

“This fear is completely misplaced,” ABP Pandey, UIDAI’s chief executive officer told HT in an interview.

Security agencies can access the data only in case of national security after they get the nod of an oversight committee headed by the cabinet secretary. This committee has to clear every order made by the designated joint secretary-level officer before the information is shared, he said.

“You cannot have any legal protection stronger than this,” Pandey added.

Aadhaar transaction data is not only protected by the most powerful, contemporary law to restrict access but also by strong cryptography.

“Even if someone attempts, the 2048-bit encryption is so strong that it will take them millions of computers and billions of years to decrypt the data,” he said.

A vocal critic of Aadhaar’s design, Sunil Abraham of the Centre for Internet and Society (CIS) suggested he wouldn’t rely too much on the legal framework. “You cannot put a legal band-aid on a broken technological solution. You need to get privacy and security right by design,” the director of the Bengaluru-based research body said.

Abraham said the problem could have been averted if the UIDAI did not store the data in a centralised form. Instead, it could have used its digital signature to sign proof of authentication that could be stored by the authenticating agency and the citizen on a smart card.

For more details visit https://cis-india.org/internet-governance/news/hindustan-times-aloke-tikku-october-20-2016-intelligence-agencies-will-not-have-open-access-to-aadhaar-data

Intel, Salesforce, eBay, Sony and others join the grand AI partnership club

praskrishna — 2017-05-19T06:25:24Z

Adding more ammunition to the grand AI alliance, Intel, Salesforce, eBay, Sony, SAP, McKinsey & Company, Zalando and Cogitai are joining the Partnership on AI, a collection of companies and non-profits that have committed to share best practices and communicating openly about the prospects and challenges of artificial intelligence research.

This was published by CIOL on May 17, 2017.

The group also announced a slew of non-profit partners including the Allen Institute for Artificial Intelligence, the AI Forum of New Zealand, the Centre for Democracy & Technology, the Centre for Internet and Society (India), Data & Society Research Institute among others.

The new members expand a group that already counts heavyweights like Facebook, Amazon, Google, IBM, Microsoft and Apple.

The platform will be hosting a series of AI Grand Challenges to encourage and incentivize researchers working on AI. It has also announced an award for best paper on the topic of “AI, People, and Society” to aid in addressing a similar goal.

The partnership group also said that it will create working groups to research and define best practices for specific topics and sectors within the field. It’s also creating a fellowship to assist nonprofits and nongovernmental organisations looking to participate in AI issues.

Interestingly, the group is still open which means the list will only get longer in the coming months.

For more details visit https://cis-india.org/internet-governance/news/ciol-may-17-2017-intel-salesforce-ebay-sony-and-others-join-the-grand-ai-partnership-club

Intel, eBay, SAP, Salesforce y Sony colaborarán en inteligencia artificial

praskrishna — 2017-05-19T06:50:06Z

Junto a otras empresas como Zalando, McKinsey & Company o Cogitai han decidido unirse a la asociación Partnership on AI impulsada por Amazon, Google, Facebook, IBM y Microsoft.

The blog post by Monica Tilves was published by Silicon on May 17, 2017.

El año pasado, Amazon, Google, Facebook, IBM y Microsoft dieron vida a Partnership on AI, una organización “para avanzar en la comprensión pública de las tecnologías de inteligencia artificial” y “formular las mejores prácticas sobre los desafíos y oportunidades en el campo”.

A esta iniciativa se han ido uniendo con el paso del tiempo compañías como Apple, que se sumó en enero a Partnership on AI. Ahora sus responsables han anunciado la incorporación de nada más y nada menos que veintidós nuevos nombres.

Por un lado trabajarán con esta asociación las firmas tecnológicas Cogitai, eBay, Intel, Salesforce, SAP y Sony. Además de McKinsey & Company y Zalando.

Cabe destacar que por parte de Intel, Salesforce, SAP y Sony participarán, respectivamente, el responsable del AI Products Group formado hace unos meses en la compañía de Santa Clara, Yinyin Liu; el vicepresidente de Machine Learning, Markus Noga, el científico jefe Richard Socher; y el director de Sony Computer Science Laboratories, Hiroaki Kitano.

En la lista de nuevos socios también aparecen los nombres de catorce entidades sin ánimo de lucro como UNICEF. El resto serían: Allen Institute for Artificial Intelligence, AI Forum of New Zealand, Center for Democracy & Technology, Centre for Internet and Society – India, Data & Society Research Institute, Digital Asia Hub, Electronic Frontier Foundation, Future of Humanity Institute, Future of Privacy Forum, Human Rights Watch, Leverhulme Centre for the Future of Intelligence, Upturn y XPRIZE Foundation.

Se espera que nuevas compañías se vayan uniendo a Partnership on AI en el futuro para ahondar en el pujante tema de la inteligencia artificial.

Partnership on AI se encuentra en estos momentos en plena búsqueda de un director ejecutivo que se encargue de supervisar las operaciones de la organización.

For more details visit https://cis-india.org/internet-governance/news/silicon-monica-tilves-may-17-2017-intel-ebay-sap-salesforce-sony-collaboration-aritificial-intelligence

Insult to Kannada shows Google AI in a poor light

Krupa Joseph — 2021-06-26T05:25:38Z

A Google search for ‘the ugliest language in India’ yielded ‘Kannada’ as the answer late last week, causing widespread outrage.

The article by Krupa Joseph was published in Deccan Herald on June 8, 2021. Pranesh Prakash and Shweta Mohandas have been quoted.

Google has since apologised, saying the answer does not reflect its views, but questions still remain about why this happened at all, and who drafted the answer.

“When artificial intelligence gets it wrong, things can go really wrong, says tech entrepreneur,”Hari Prasad Nadig, who has worked on Kannada in free and open source soft ware.“Usually, you would expect Google to give an answer based on citings from multiple sources,and at least one or two credible sources.

Google’s AI should be good enough not to draw answers from opinionated sources,” he says. Google shouldn’t even try to answer prejudiced questions like this in the first place, and the answer shows how flawed it is, he told Metrolife.

“Usually, you would expect Google to give an answer based on citings from multiple sources, and at least one or two credible sources. Google’s AI should be good enough not to draw answers from opinionated sources,” he says. Google shouldn’t even try to answer prejudiced questions like this in the first place, and the answer shows how flawed it is, he told Metrolife.

Fallible process

Pranesh Prakash, Centre for Internet and Society, Bengaluru, says the incident exposes the fallibility of the process by which Google selects its “featured snippets”.

“It is not an opinion that Google or its employees or its algorithms have come up with, but rather an existing opinion that Google wrongly amplified,” he says.It demonstrates that the snippets that Google features as ‘facts’ aren’t necessarily based on facts, he says.

Periodic checks

Shweta Mohandas, researcher with the Center for Internet and Society, says Google does not create content, but only provides content that is available on the Internet.

“Hence, the biases come from the tags, then used to train the AI. There should be periodic checks on the data fed into the system,” she says. Such blunders can be prevented if the tags and results are audited periodically, and a mechanism is put in place to enable people to report them, she says.

Who was upto mischief?

The answer was created on a financial services website whose owners aren’t revealing their names Pavanaja UB, CEO, Vishva Kannada Softech, says the answer was attributed to a website called debt consolidations questions.com — but he was unable to find this post anywhere on the site.“This is a website registered in Russia and it offers questions and answers on many topics. But this particular page could not be found. Maybe it was removed following the outrage,” he says. Pavanaja believes this was a deliberate attempt to upset people. “The website lists no information about the owner and gives no contact details. Even if such a question did exist on the page before, how did it get to the top of the Google search results?” he wonders.

He suggests that someone planted the answer and kept searching for it until it reached the top.“But who would take so much effort?” he says.

Furore and after

‘Kannada’ came up as an answer to a query in Google about ‘the ugliest language in India’.

Aravind Limbavali, minister for Kannada and Culture, demanded an apology from Google, and threatened legal action against the company “for maligning the image of our beautiful language.”

Google removed the answer and issued a statement:

“We know this is not ideal, but we take swift corrective action when we are made aware of an issue and are continually working to improve our algorithms. Naturally, these are not reflective of the opinions of Google, and we apologise for the misunderstanding and hurting any sentiments."

For more details visit https://cis-india.org/internet-governance/news/deccan-herald-june-8-2021-krupa-joseph-insult-to-kannada-shows-google-ai-in-a-poor-light

Institute for Internet & Society 2014, Pune

samantha — 2014-04-07T11:31:23Z

Last month, activists, journalists, researchers, and members of civil society came together at the 2014 Institute for Internet & Society in Pune, which was hosted by CIS and funded by the Ford Foundation. The Institute was a week long, in which participants heard from speakers from various backgrounds on issues arising out of the intersection of internet and society, such as intellectual property, freedom of expression, and accessibility, to name a few. Below is an official reporting summarizing sessions that took place.

Day One

February 11, 2014

Time	Detail
9.30 a.m. – 9.40 a.m.	Introduction: Sunil Abraham, Executive Director Centre for Internet and Society
10.00 a.m. – 10.15 a.m.	Introduction of Participants
10.15 a.m. – 12.00 p.m.	Internet Governance and Privacy: Sunil Abraham
12.00 p.m. – 12.30 p.m.	Tea-break
12.30 p.m. – 1.00 p.m.	Keynote: Bishakha Datta, Filmmaker and Activist, and Board Member, Wikimedia Foundation
1.00 p.m. – 2.00 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Participant Presentations
3.00 p.m. – 3.15 p.m.	Tea Break
3.15 p.m. – 4.45 p.m.	Histories, Bodies and Debates around the Internet: Nishant Shah, Director-Research, CIS

This year’s Internet Institute, hosted by the Centre for Internet & Society (CIS), kicked off in Pune to put a start to a week of learnings and discussions surrounding internet usage and its implications on individuals of society. Twenty two attendees from all over India attended this year, from backgrounds of activism, journalism, research and advocacy work.

Attendees were welcomed by Dr. Ravina Aggarwal, Program Officer for Media Rights & Access at the Ford Foundation, the event’s sponsor, who started off the day by introducing the Foundation’s initiatives in pursuit of bridging the digital divide by addressing issues of internet connectivity.

Internet Governance & Privacy, Sunil Abraham
The Institute’s first session was led by Sunil Abraham, Executive Director of CIS, and engaged with issues of internet governance and privacy with reference to four stories: 1) a dispute between tweeters from the US and those in South Africa over the use of hashtag #thingsdarkiesays, which is said not to be as racially derogatory as it is in the US; 2) Facebook’s contested policies on photos featuring users breastfeeding, 3) a lawsuit between Tata and Greenpeace over the organization’s use of Tata’s logo in a video game created for public criticism of their environmentally-degrading practices, and lastly, 4) the case of Savita Bhabhi, an Indian pornographic cartoon character which had been banned by India’s High Court and which had served as a landmark case in expanding the statutory laws for what is considered to be pornographic.

Each of these stories has one major thing in common: due to their nature of taking place over the internet, they are not confined to one geographic location and in turn, are addressed at the international level. The way by which an issue as such is to be addressed cuts across State policies and internet intermediary bodies to create quite a messy case in trying to determine who is at fault. Such complexity illustrates how challenging internet governance can be within today’s society that is no longer restricted to national or geographic boundaries.

Sunil also goes on in explaining the relationship between privacy, transparency, and power, summing it up in a simple formula; privacy protection should have a reverse relationship to power—the more the power, the less the privacy one should be entitled to. On the contrary, a direct correlation goes for power and transparency—the more the power, the more transparent a body should be. Instead of thinking about these concepts as a dichotomy, Sunil suggests to see them as absolute rights in themselves—instrumental in policies and necessary to address power imbalances.

The Web We Want, Bishakha Datta
The Institute’s kickoff was also joined by Indian filmmaker and activist, Bishakha Datta, who had delivered the keynote address. Bishakha bridged together notions of freedom of speech, surveillance, and accessibility, while introducing campaigns that work to create an open and universally accessible web, such as the Web We Want and Sexuality and Disability. Bishakha stresses how the internet as a space has altered how we experience societal constructs, which can be easily exhibited in how individuals experience Facebook in the occurrence of a death, for example. Bishakha initiated discussion among participants by posing questions such as, “what is our expectation of privacy in this brave new world?” and “what is the society we want?” to encompass the need to think of privacy in a new way with the coming of the endless possibilities the internet brings with it.

Histories, Bodies and Debates around the Internet, Nishant Shah
CIS Research Director, Nishant Shah, led a session examining internet as a technology more broadly, and our understandings of it in relation to the human body. Nishant proposes the idea that history is a form of technology, as well as time, itself, for which our understanding only comes into being with the aid of technologies of measurement. Although we are inclined to separate technology from the self, Nishant challenges this notion while suggesting that technology is very integral to being human, and defines a “cyborg” as someone who is very intimate with technology. In this way, we are all cyborgs. While making reference to several literary pieces, including Haraway’s Cyborg: Human, Animus, Technology; Kevin Warwick’s Living Cyborg; and Watt’s small world theory, Nishant challenges participants’ previous notions of how one is to understand technology in relation to oneself, as well as the networks we find ourselves implicated within.

Also brought forth by Nishant, was the fact that the internet as a technology has become integral to our identities, making us accessible (rather than us solely making the technology accessible) through online forms of documentation. This digital phenomenon in which we tend to document what we know and experience as a means of legitimizing it can be summed in the modern version of an old fable: “If a tree falls in a lonely forest, and nobody tweets it, has it fallen?”

Nishant refers to several case studies in which the use of online technologies has created a sense of an extension of the self and one’s personal space; which can then be subject to violation as one can be in the physical form, and to the same emotional and psychological effect—as illustrated within the 1993 occurrence referred to as “A Rape in Cyberspace.”

Attendee Participation
Participants remained engaged and enthusiastic for the duration of the day, bringing forth their personal expertise and experiences. Several participants presented their own research initiatives, which looked at issues women face as journalists and as portrayed by the media; amateur pornography without the consent of the woman; study findings on the understandings of symptoms of internet addiction; as well as studies looking at how students engage with college confession pages on Facebook.

Day Two

February 12, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Wireless Technology: Ravikiran Annaswamy, CEO and Co-founder at Teritree Technologies
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Wired Technology: Ravikiran Annaswamy
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Network, Threats and Securing Yourself: Kingsley John, Independent Consultant
3.00 p.m. – 3.15 p.m.	Tea Break
3.15 p.m. – 4.45 p.m.	Practical Lab: Kingsley John
4.45 p.m. – 5.00 p.m.	Wrap-up: Sunil Abraham

Day Two of the Institute entailed a more technical orientation to “internet & society” across sessions. Participants listened to speakers introduce concepts related to wired and wireless internet connectivity devices and their networks, along with the network of internet users and how one may secure him or herself while “online.”

Wireless & Wired Technology, Ravikiran Annaswamy
Senior industry practitioner, Ravikiran Annaswamy had aimed to enable the Institute’s participants to “understand the depth and omnipresent of telecom networks” that we find ourselves implicated within. Ravikiran went through the basics of these networks—including fixed line-, mobile-, IP-, and Next Generation IP-networks—as well as the technical structuring of wired and wireless broadband. Many participants found this session to be particularly enriching as their projects aimed to provide increased access to internet connectivity to marginalized areas in India, and had been without the know-how to go about it.

Network, Threats and Securing Yourself, Kinglsey John
An instructional session on how to protect oneself was given by Kingsley John, beginning with a lesson on IP Addresses—what they are and the different generations of such, and how IP addresses fit into a broader internet network. Following, Kingsley demonstrated and explained email encryption through the use of software, Kleopatra, and how it may be used to generate keys to encrypt emails through Thunderbird mail client.

Evening Discussion

A handful of participants voluntarily partook in an evening discussion, looking at the role of big players in the global internet network, such as Google and Facebook, how they collect and utilize users’ data, and what sorts of measures can be taken to minimize the collecting of such. Due to the widely varying backgrounds of interest among participants, those coming from this technical orientation towards the internet were able to inform their peers on relevant information and types of software that may be found useful related to minimizing one’s online presence.

Day Three

February 13, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Free Software: Prof. G. Nagarjuna, Chairperson, Free Software Foundation
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Open Data: Nisha Thompson, Independent Consultant
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Freedom of Expression: Bhairav Acharya, Advocate and Adviser, Centre for Internet and Society
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Copyright: Nehaa Chaudhari, Program Officer, Centre for Internet and Society

The third day of the Internet Institute incorporated themes presented by speakers ranging from free software, to freedom of expression, to copyright.

Free Software, Prof. G. Nagarjuna
Chairman on the Board of Directors for the Free Software Foundation of India, Professor G. Nagarjuna shared with the Institute’s participants his personal expertise on software freedom. Nagarjuna mapped for us the network of concepts related to software freedom, beginning with the origins of the copyleft movement, and also touching upon the art of hacking, the open source movement, and what role software freedom plays in an interconnected world.

Nagarjuna looks at the free software movement as a political movement in the digital space highlighting the user’s freedoms associated to the use, distribution, and modification of software for the greater good for all. This is said to distinguish this movement from that of Open Source—a technical and more practical development-oriented movement. The free software movement is not set out to compromise the fundamental issues for the sake of being practical and in that sense, ubiquitous. Instead, its objective is “not to make everybody use the software, but to have them understand why they are using the software,” so that they may become “authentic citizens that can also resonate why they’re doing what they’re doing. We want them to understand the ethical and political aspects of doing so,” Nagarjuna says.

Open Data, Nisha Thompson
Participants learned from Nisha Thompson on Open Data; what it is, its benefits, and how it is involved in central government initiatives and policy, as well as civil society groups—generally for uses such as serving as evidence for decision making and accountability. Nisha explored challenges concerning the use of open data, such as those pertaining to privacy, legitimacy, copyright, and interoperability. The group looked at the India Water Portal as a case study, which makes accessible more than 300 water-related datasets already available in the public space for use from anything from sanitation and agriculture to climate change.

Freedom of Expression, Bhairav Acharya
Bhairav Acharya, a constitutional lawyer, traced the development of the freedom of speech and expression in India. Beginning with a conceptual understanding of censorship and the practice of censorship by the state, society, and the individual herself, Bhairav examines the limits traditionally placed by a nation-state on the right to free speech.

In India, modern free speech and censorship law was first formulated by the colonial British government, which broadly imported the common law to India. However, the colonial state also yielded to the religious and communitarian sensitivities of its subjects, resulting in a continuing close link between communalism and free speech in India today. After Independence, the post-colonial Indian state carried forward Raj censorship, but tweaked it to serve to a nation-building and developmental agenda. Nation-building and nationalism are centrifugal forces that attempt to construct a homogenous 'mainstream'; voices from the margins of this mainstream (the geographical, ethnic, and religious peripheries) and of the marginalised within the mainstream (the poor and disadvantaged), are censored.

Within this narrative, Bhairav located and explained the evolution of the law relating to press censorship, defamation, obscenity, and contempt of court. Free speech law applies equally online. Broadly, censorship on the internet must survive the same constitutional scrutiny that is applied to offline censorship; but, as technology develops, the law must innovate.

Copyright, Nehaa Chaudhari
CIS Programme Officer, Nehaa Chaudhari examined the concept of Copyright as an intellectual property right in discussing its fundamentals, purpose and origins, and Copyright’s intersection with the internet. Nehaa also explained the different exceptions to Copyright, along with its alternatives, such as opposing intellectual property protection regimes, including the Creative Commons and Copyleft. Within this session, Nehaa also introduced several cases in which Copyright came into play with the use of the internet, including Hunter Moore’s “Is Anyone Up?” website, which had showcased pornographic pictures obtained by submission bringing rise to the phenomenon of “revenge porn.” Instances as such blur the lines of what is commonly referred to as intellectual property, and what specific requirements enables one to own the rights to such.

Day Four

February 14, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	E-Accessibility and Inclusion: Prashant Naik, Union Bank
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Patents: Nehaa Chaudhari
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 2.00 p.m.	Fieldwork Assignment

Day Four of the Internet Institute introduced concepts of eAccessibilty and Inclusion on the internet for persons with disabilities, along with patents as an intellectual property right. Participants were also assigned a fieldwork exercise as a hands-on activity in which they were to employ what they’ve learned to initiate conversation with individuals in public spaces and collect primary data while doing so.

eAccessibility and Inclusion, Prashant Naik

Prashant Naik started off the day with his session on E-Accessibility and Inclusion. Prashant illustrated the importance of accessibility and what is meant by the term. Participants learned of assistive technologies for different disability types and how to create more accessible word and PDF documents, as well as web pages for users. Prashant demonstrated to participants what it is like to use a computer as a visually impaired individual, which provided for an enriching experience.

Patents, Nehaa Chaudhari
Nehaa Chaudhari led a second session at the Internet Institute on intellectual property rights—this one looking at patents particularly and their role within statutory law. Nehaa traced the historical origins of patents before examining the fundamentals of them, and addresses the questions, “Why have patents? And is the present system working for everyone?” Nehaa also introduced notions of the Commons along with the Anticommons, and perspectives within the debate around software patents, as well as different means by which the law can address the exploitation of patents or “patent thickets”—such as through patent pools or compulsory licensing.

Fieldwork Assignment, Groupwork
Participants were split into groups and required to carry out a mini fieldwork assignment in approaching individuals in varying public spaces in Pune in attempts to collect primary data. Questions asked to individuals were to be devised by the group, so long as they pertained to themes examined within the Internet Institute. Areas visited by groups included the Pune Central Mall, MG Road, and FC Road.

Day Five

February 15, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	E-Governance: Manu Srivastav, Vice President, eGovernments Foundation
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Market Concerns: Payal Malik, Economic Adviser, Competition Commission of India
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Digital Natives: Nishant Shah
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Fieldwork Presentations

Day Five of the Internet Institute brought with it sessions related to themes of e-governance, market concerns of telecommunications, and so called “Digital Natives.”

eGovernance, Manu Srivastava
Vice President of the eGovernments Foundation, Manu Srivastava led a session on eGovernance—the utilization of the internet as a means of delivering government services communicating with citizens, businesses, and members of government. Manu examined the complexities of the eGovernance and barriers to implementation of eGovernance initiatives. Within discussion, participants examined the nuanced relationship between the government and citizens with the incorporation of other governing bodies in an eGovernance system, as well as new spaces for corruption to take place.

Market Concerns, Payal Malik
Payal Malik, Advisor of the Economics Division of the Competition Commission of India shared her knowledge on market concerns of the telecommunications industry, and exclaimed the importance of competition issues in such an industry as a tool to create greater good for a greater number of people. She demonstrated this importance by stating that affordability as a product of increased access can only be possible once there is enough investment, which generally only happens in a competitive market. In this way, we must set the conditions to make competition possible, as a tool to achieve certain objectives. Payal also demonstrated the economic benefits of telecommunications by stating that for every 10% increase in broadband penetration, increase in GDP of 1.3%. She also examined the broadband ecosystem in India and touched upon future possibilities of increased broadband penetration, such as for formers and the education sector.

Digital Natives, Nishant Shah
Nishant Shah shed some light on one of the areas that the Centre for Internet & Society looks at within their research scope, this being the “Digital Native.” As referred to by Nishant, the Digital Native is not to categorize a specific type of internet user, but can be said for simply any person who is performing a digital action, while doing away with this false dichotomy of age, location, and geography.

Nishant examines varying case studies in which “the digital is empowering natives to not merely be benefactors of change, but agents of change,” from the Blank Noise Project’s “I NEVER Ask for it…” campaign in efforts to rethink sexual violence, to Matt Harding’s foolish dancing with groups of individuals from all over the world.

As occurrences in the digital realm, however, these often political expressions may be rewritten by the network when picked up as a growing phenomenon, in order to make it accessible to online consumers by the masses. In doing so, the expression is removed from its political context and is presented in the form of nothing more than a fad. For this reason, Nishant stresses the need to become aware of the potential of the internet in becoming an “echo-chamber”—in which forms of expression are amplified and mimicked, resulting in a restructuring of the dynamics surrounding the subject—whether it be videos of boys lipsyncing to Backstreet Boys in their dorm room going viral, or a strong and malicious movement to punish the Chinese girl who had taken a video of her heinously and wickedly killing a kitten after locating her using the Human Flesh Search Engine.

Fieldwork Presentations, Groupwork

To end off the day, participant groups presented findings collated from the prior evening’s fieldwork exercise, in which they were to ask strangers in various public places of Pune questions pertaining to themes looked at from within this year’s Institute. Participants were divided into four groups and visited Pune’s FC Road, Mahatma Gandhi Road, and Central Mall.

Groups found that the majority of those interviews primarily accessed the phone via the mobile. There was also a common weariness of using the internet and concern for one’s privacy while doing so, especially with uploading photos to Facebook and online financial transactions. People were also generally concerned about using cyber cafes for fear of one’s accounts being hacked. Generally people suspected that so long as conversations are “private” (i.e. in one’s Facebook inbox), so too are they secure. Just as well, those interviewed shared a sense of security with the use of a password.

Day Six

February 16, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Wikipedia: Dr. Abhijeet Safai
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Open Access: Muthu Madhan (TBC)
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Case Studies Groupwork
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Case Studies Presentations

As the Institute came closer to its end, participants got the opportunity to hear from speakers on topics pertaining the Wikipedia editing in addition to Open Access to scholarly literature. Participants also worked together in groups to examine specific case studies referenced in previous sessions, and then presented their conclusions.

Wikipedia, Dr. Abhijeet Safai
The Institute was joined by Medical Officer of Clinical Research at Pune’s Symbiosis Centre of Health Care, Dr. Abhijeet Safai, who led a session on Wikipedia. Having edited over 3700 Wikipedia articles, Dr. Abhijeet was able to bring forth his expertise and familiarity in editing Wikipedia to participants so that they would be able to do the same. Introduced within this session were Wikipedia’s different fundamental pillars and codes of conducts to be complied with by all contributors, along with different features and components of Wikipedia articles that one should be aware of when contributing, such as how to cite sources and discuss the contents of an article with other contributors.

Open Access, Muthu Madhan
Muthu Madhan joined the Internet Institute while speaking on Open Access (OA) to scholarly literature. Within his session, Muthu examined the historical context within which the scholarly journal had arisen and how the idea of Open Access began within this space. The presence of Open Access in India and other developing nations was also examined in this session, and the concept of Open Data, introduced.

Case Studies, Groupworks

Participants were split up into groups and assigned particular case studies looked at briefly in previous sessions. Case studies included #thingsdarkiessay, a once trending Twitter hashtag in South Africa which had offended many Americans for its use of “darkie” as a derogatory term; the literary novel, The Hindus, which offers an alternative narrative of Hindu history had been banned in India for obscenity; a case in which several users’ avatars had been controlled by another in a virtual community and forced to perform sexual acts, referred to as A Rape Happened in Cyber Space; and lastly, a pornographic submission website, Is Anyone Up?, for which content was largely derived from “revenge porn.” Each group then presented on the various perspectives surrounding the issue at hand.

The Cyborg, Nishant Shah
Nishant Shah led an off-agenda session in the evening looking more closely at the notion of the human cyborg. Nishant deconstructs humanity’s relationship to technology, in suggesting that we “think of the human as produced with the technologies… not who produces technology.” Nishant explores the Digital Native as an attained identity for those who, because of technology, restructure and reinvent his or her environment—offline as well as online. Among other ideas shared, Nishant refers to works by Haraway on the human cyborg in illustrating our dependency on technology and our need to care for these technologies we depend on.

Day Seven

February 17, 2014

Time	Detail
9.30 a.m. – 11.00 a.m.	Internet Activism: Laura Stein, Associate Professor, University of Texas and Fulbright Fellow
11.00 a.m. – 11.15 a.m.	Tea-break
11.15 a.m. – 12.45 p.m.	Domestic and International Bodies: Chinmayi Arun, Research Director
12.45 p.m. – 1.30 p.m.	Lunch
1.30 p.m. – 3.00 p.m.	Participant Presentations
3.00 p.m. – 3.15 p.m.	Tea-break
3.15 p.m. – 4.45 p.m.	Hot Question Challenge

The last day of the week-long Internet Institute examined concepts of Internet Activism and Domestic and International Bodies. Some participants led presentations on topics of personal familiarity, before a final wrap-up exercise, calling upon individuals to share any new formulations resulting from the Institute.

Internet Activism, Laura Stein

Associate Professor from the University of Texas, Laura Stein, spoke on activism on the internet. Laura examined some grassroots organizations and movements taking place on the online and the benefits that the internet brings in facilitating their impact, such as its associated low costs, accessibility and possibility for anonymity. Despite the positive effects catalyzed by the internet, Laura stresses that the “laying field is still unequal, and movements are not simply transformed by technology.” Some of the websites exemplifying online activism that were examined within this session includes the It Gets Better Project, which aims to give hope to LGBT youth facing harassment, and the national election watch by the Association for Democratic Reforms. Additionally, Laura spoke on public communication policy, comparing that of the US and India, and how this area of policy may influence media content and practice.

Domestic and International Bodies, Chinmayi Arun
As the Internet Institute’s final speaker, Research Director for Communication Governance at National Law University , Chinmayi Arun, explores the network of factors that affect one’s behavior on the internet—these including: social norms, the law, the markets, and architecture. In referring to Lawrence Lessig’s pathetic dot theory, Chinmayi illustrates how individual’s—the pathetic dots in question—are functions of the interactions of these factors, and in this sense, regulated, and stresses the essential need to understand the system, in order to effectively change the dynamics within it. It is worth noting that not all pathetic dots are equal, and Google’s dot, for example, will be drastically bigger than a single user’s, having more leveraging power within the network of internet bodies. Also demonstrated, is the fact that we must acknowledge the need for regulation by the law to some extent, otherwise, the internet would be a black box where anything goes, putting one’s security at risk of violation.

Hot Question Challenge
The very last exercise of the Institute entailed participants asking each other questions on demand, relating back to different themes looked at within the last week. Participants had the chance, here, to bridge together concepts across sessions, as well as formulate their own opinions, while posing questions to others that they, themselves, were still curious about.

For more details visit https://cis-india.org/telecom/blog/institute-for-internet-society-2014-pune

INSAF National Convention on Crisis of Capitalism and brazen onslaught on DEMOCRACY

praskrishna — 2013-12-26T10:18:35Z

Snehashish Ghosh is participating in this event as a speaker.

Ever since the Neo-liberal agenda began to unfold 22 years back, the democratic spaces within Indian polity have been squeezing continuously and the present scenario of run up to 2014 elections is reflecting the state of disarray in parliamentary democracy. The mainstream discourse appears to have deliberately failed in bringing out the intrinsic relationship between ‘capitalism’; its ‘crisis’ and ‘democracy’ to the core of analyzing and understanding the present amnesia in political process.

The characteristics of crony, fictitious, lumpen and speculative Capital that is on the driving seat of contemporary phase of capitalism are mirrored in the operational levels of parliamentary democracy - from governance to electoral process- in the form of corporate influences on policies and decision making, rampant corruption at the pinnacle of power, control of money and muscle-power in politics.

It is, therefore, important to bring out the correlation between the ensuing crisis in global capitalism - including in India - and the impending crisis in our democracy - to the fore. The divergence in the requirements of the neo-liberal phase of capitalism and ‘democracy’ as its analogous political system seems to be the key in explaining the despair engulfing Indian polity at present. The attempts to transform ‘Democracies’ into ‘Corporatocracies’ that we see today, also emanate from this despondency alone.

Last two decades have also seen the institution of ‘State’ posturing itself more and more aggressively against its own people in order to fulfill its obligations to international financial & trade institutions so to serve the interest of global capital. In such a course, it has extensively resorted to adopt the instrument of ‘fabricating’ cases against the voices of opposition to the interests of the global capital.

Though the instrument of ‘fabrication’ is not new to the ‘State Craft’ but this time it is being used in a targeted and selective manner. Not only the existing criminal laws have been used for this purpose but new laws like UAPA and various state ‘security laws’ were created during this period to meet this requirement.

The ‘Indian State’ is also proceeding feverishly to create a surveillance state through various means of ‘electronic surveillance’ using cutting edge technologies to track mobile phones, internet usage, emails etc. at home while colluding with U.S. military and security establishment internationally against other nations. The business of creating and sharing of its citizen’s databases (both demographic & biometrics etc) has been promoted by Indian establishment by subverting the Constitution, existing norms of parliamentary democracy and citizens’ rights.

It is in this context that INSAF has decided to hold its two day National Convention 2013.

Programme Schedule

Day 1: Crisis of Capitalism and brazen onslaught on DEMOCRACY

10.00 10.30	Registration & Tea/Coffee
10.30 11.00	Introduction by Anil Chaudhary
11.00 13.00	Inaugural address by eminent writer and journalist P. Sainath Chaired by Justice Rajinder Sachar
13.00 14.30	Lunch
14.30 17.30	Panel Discussion: Prof. Vibhuti Patel (Director, Centre for Study of Social Exclusion and Inclusive Policy, SNDT Women's University, Mumbai) Prof. Achin Vanaik (Former Dean of Social Sciences, Delhi University) Prof. Ramesh Dixit (Lucknow, UP)

Day 2: Surveillance state and perils of DEMOCRACY

10.00 10.30	Panel Discussion Dr. Usha Ramanathan (Law researcher and activist, New Delhi) Prabir Purkayastha (Delhi Science Forum) Ms. Subi Chaturvedi (Asstt. Prof. of Journalism Communication, Lady Shri Ram College for Women, Delhi Univ. Founder Hon. Managing Trustee, Media For Change) Snehashish Ghosh (Centre for Internet & Society) Chaired by Ms. Kalyani Menon-Sen (Feminist activist & researcher)
13.00 14.00	Lunch
14.00 16.30	Panel Discussion: Suppressing dissent: Stifling NGOs via FCRA Kabir Dixit (Advocate, Supreme Court of India) Mathew Cherian (Chairperson, Credibility Alliance) Chaired by Sanjay Parikh (Human Rights activist and Advocate, Supreme Court of India)
16.30 17.00	Tea/Coffee

For more details visit https://cis-india.org/news/insafnational-convention-on-crisis