We are anonymous, we are legion

Mastering the Art of Keeping Indians Under Surveillance

bhairav — 2015-08-23T12:26:48Z

In its first year in office, the National Democratic Alliance government has been notably silent on the large-scale surveillance projects it has inherited. This ended last week amidst reports the government is hastening to complete the Central Monitoring System (CMS) within the year.

The article was published in the Wire on May 30, 2015.

In a statement to the Rajya Sabha in 2009, Gurudas Kamat, the erstwhile United Progressive Alliance’s junior communications minister, said the CMS was a project to enable direct state access to all communications on mobile phones, landlines, and the Internet in India. He meant the government was building ‘backdoors’, or capitalising on existing ones, to enable state authorities to intercept any communication at will, besides collecting large amounts of metadata, without having to rely on private communications carriers.

This is not new. Legally sanctioned backdoors have existed in Europe and the USA since the early 1990s to enable direct state interception of private communications. But the laws of those countries also subject state surveillance to a strong regime of state accountability, individual freedoms, and privacy. This regime may not be completely robust, as Edward Snowden’s revelations have shown, but at least it exists on paper. The CMS is not illegal by itself, but it is coloured by the compromised foundation of Indian surveillance law upon which it is built.

Surveillance and social control

The CMS is a technological project. But technology does not exist in isolation; it is contextualised by law, society, politics, and history. Surveillance and the CMS must be seen in the same contexts.

The great sociologist Max Weber claimed the modern state could not exist without monopolising violence. It seems clear the state also entertains the equal desire to monopolise communications technologies. The state has historically shaped the way in which information is transmitted, received, and intercepted. From the telegraph and radio to telephones and the Internet, the state has constantly endeavoured to control communications technologies.

Law is the vehicle of this control. When the first telegraph line was laid down in India, its implications for social control were instantly realised; so the law swiftly responded by creating a state monopoly over the telegraph. The telegraph played a significant role in thwarting the Revolt of 1857, even as Indians attempted to destroy the line; so the state consolidated its control over the technology to obviate future contests.

This controlling impulse was exercised over radio and telephones, which are also government monopolies, and is expressed through the state’s surveillance prerogative. On the other hand, because of its open and decentralised architecture, the Internet presents the single greatest threat to the state’s communications monopoly and dilutes its ability to control society.

Interception in India

The power to intercept communications arises with the regulation of telegraphy. The first two laws governing telegraphs, in 1854 and 1860, granted the government powers to take possession of telegraphs “on the occurrence of any public emergency”. In 1876, the third telegraph law expanded this threshold to include “the interest of public safety”. These are vague phrases and their interpretation was deliberately left to the government’s discretion.

This unclear formulation was replicated in the Indian Telegraph Act of 1885, the fourth law on the subject, which is currently in force today. The 1885 law included a specific power to wiretap. Incredibly, this colonial surveillance provision survived untouched for 87 years even as countries across the world balanced their surveillance powers with democratic safeguards.

The Indian Constitution requires all deprivations of free speech to conform to any of nine grounds listed in Article 19(2). Public emergencies and public safety are not listed. So Indira Gandhi amended the wiretapping provision in 1972 to insert five grounds copied from Article 19(2). However, the original unclear language on public emergencies and public safety remained.

Indira Gandhi’s amendment was ironic because one year earlier she had overseen the enactment of the Defence and Internal Security of India Act, 1971 (DISA), which gave the government fresh powers to wiretap. These powers were not subject to even the minimal protections of the Telegraph Act. When the Emergency was imposed in 1975, Gandhi’s government bypassed her earlier amendment and, through the DISA Rules, instituted the most intensive period of surveillance in Indian history.

Although DISA was repealed, the tradition of having parallel surveillance powers for fictitious emergencies continues to flourish. Wiretapping powers are also found in the Maharashtra Control of Organised Crime Act, 1999 which has been copied by Karnataka, Andhra Pradesh, Arunachal Pradesh, and Gujarat.

Procedural weaknesses

Meanwhile, the Telegraph Act with its 1972 amendment continued to weather criticism through the 1980s. The wiretapping power was largely exercised free of procedural safeguards such as the requirements to exhaust other less intrusive means of investigation, minimise information collection, limit the sharing of information, ensure accountability, and others.

This changed in 1996 when the Supreme Court, on a challenge brought by PUCL, ordered the government to create a minimally fair procedure. The government fell in line in 1999, and a new rule, 419A, was put into the Indian Telegraph Rules, 1951.

Unlike the United States, where a wiretap can only be ordered by a judge when she decides the state has legally made its case for the requested interception, an Indian wiretap is sanctioned by a bureaucrat or police officer. Unlike the United Kingdom, which also grants wiretapping powers to bureaucrats but subjects them to two additional safeguards including an independent auditor and a judicial tribunal, an Indian wiretap is only reviewed by a committee of the original bureaucrat’s colleagues. Unlike most of the world which restricts this power to grave crime or serious security needs, an Indian wiretap can even be obtained by the income tax department.

Rule 419A certainly creates procedure, but it lacks crucial safeguards that impugn its credibility. Worse, the contours of rule 419A were copied in 2009 to create flawed procedures to intercept the content of Internet communications and collect metadata. Unlike rule 419A, these new rules issued under sections 69(2) and 69B(3) of the Information Technology Act 2000 have not been constitutionally scrutinised.

Three steps to tap

Despite its monopoly, the state does not own the infrastructure of telephones. It is dependent on telecommunications carriers to physically perform the wiretap. Indian wiretaps take place in three steps: a bureaucrat authorises the wiretap; a law enforcement officer serves the authorisation on a carrier; and, the carrier performs the tap and returns the information to the law enforcement officer.

There are many moving parts in this process, and so there are leaks. Some leaks are cynically motivated such as Amar Singh’s lewd conversations in 2011. But others serve a public purpose: Niira Radia’s conversations were allegedly leaked by a whistleblower to reveal serious governmental culpability. Ironically, leaks have created accountability where the law has failed.

The CMS will prevent leaks by installing servers on the transmission infrastructure of carriers to divert communications to regional monitoring centres. Regional centres, in turn, will relay communications to a centralised monitoring centre where they will be analysed, mined, and stored. Carriers will no longer perform wiretaps; and, since this obviates their costs of compliance, they are willing participants.

In its annual report of 2012, the Centre for the Development of Telematics (C-DOT), a state-owned R&D centre tasked with designing and creating the CMS, claimed the system would intercept 3G video, ILD, SMS, and ISDN PRI communications made through landlines or mobile phones – both GSM and CDMA.

There are unclear reports of an expansion to intercept Internet data, such as emails and browsing details, as well as instant messaging services; but these remain unconfirmed. There is also a potential overlap with another secretive Internet surveillance programme being developed by the Defence R&D Organisation called NETRA, no details of which are public.

Culmination of surveillance

In its present state, Indian surveillance law is unable to bear the weight of the CMS project, and must be vastly strengthened to protect privacy and accountability before the state is given direct access to communications.

But there is a larger way to understand the CMS in the context of Indian surveillance. Christopher Bayly, the noted colonial historian, writes that when the British set about establishing a surveillance apparatus in colonised India, they came up against an established system of indigenous intelligence gathering. Colonial rule was at its most vulnerable at this point of intersection between foreign surveillance and indigenous knowledge, and the meeting of the two was riven by suspicion. So the colonial state simply co-opted the interface by creating institutions to acquire local knowledge.

The CMS is also an attempt to co-opt the interface between government and the purveyors of communications; because if the state cannot control communications, it cannot control society. Seen in this light, the CMS represents the natural culmination of the progression of Indian surveillance. No challenge against it that does not question the construction of the modern Indian state will be successful.

For more details visit https://cis-india.org/internet-governance/blog/the-wire-may-30-2015-bhairav-acharya-mastering-the-art-of-keeping-indians-under-surveillance

IANA Transition & ICANN Accountability Process and India' s Position

jyoti — 2015-08-23T09:26:06Z

Jyoti Panday participated in the workshop organized by CCAOI on "IANA Transition & ICANN Accountability Process and India' s Position" on May 30, 2015.

Dr Ajay Kumar launched the IANA Transition Report and set the context for the workshop. Dr Mahesh Uppal was the moderator of the panel and other participants included Mr Samiran Gupta, ICANN providing an overview of the current status on the transition, Mr Parminder Singh, IT for Change and Mr Rahul Sharma, DSCI sharing concerns of different stakeholders.

The panel also saw discussion on issues in the transition process that are of relevance to India and what should their position going forward including ensuring the efficiency of ICANN Functions included in the CWG draft proposal.

CIS raised issues around financial accountability and the role of ICANN in shaping markets therefore the urgent need for improving transparency and accountability measures.

The report launched at the workshop is available here.

For more details visit https://cis-india.org/internet-governance/news/iana-transition-icann-accountability-process-indian-position

The Four Parts of Privacy in India

bhairav — 2015-08-23T13:04:50Z

Privacy enjoys an abundance of meanings. It is claimed in diverse situations every day by everyone against other people, society and the state.

Traditionally traced to classical liberalism’s public/private divide, there are now several theoretical conceptions of privacy that collaborate and sometimes contend. Indian privacy law is evolving in response to four types of privacy claims: against the press, against state surveillance, for decisional autonomy, and in relation to personal information. The Indian Supreme Court has selectively borrowed competing foreign privacy norms, primarily American, to create an unconvincing pastiche of privacy law in India. These developments are undermined by a lack of theoretical clarity and the continuing tension between individual freedoms and communitarian values.

This was published in Economic & Political Weekly, 50(22), 30 May 2015. Download the full article here.

For more details visit https://cis-india.org/internet-governance/blog/economic-and-political-weekly-bhairav-acharya-may-30-2015-four-parts-of-privacy-in-india

Digital India: PM Modi to launch BJP's flagship programme likely in July

pranesh — 2015-08-22T16:45:33Z

The article by Jochelle Mendonca and Neha Alawadhi was published in the Economic Times on May 29, 2015.

The Modi government, which completed one year at the Centre, is preparing for a big-ticket launch of Digital India, taking technology to the villages and block levels, through merchandise, hackathons and games spread over a week-long initiative across the country.

The National e-Governance Division (NeGD), under the Department of Electronics and Information Technology (DeitY), has empanelled agencies for a messaging campaign, gamification, printing and merchandise, advertising and creatives, including advertising for rural outreach and social media.

Working directly with the Prime Minister's Office, NeGD has been tasked with preparing for the launch since February. Though no formal dates have been fixed yet, the Digital India Week (DIW) is likely to take off in July, and will involve stakeholders across state governments and ministries, and is expected to be the flagship programme for the second year of the BJP government, EThas learnt.

"They really want to make this the biggest programme of the second year. The idea is that many things have been done in the digital space that need to get highlighted," an individual with knowledge of the plans told ET.

The event is certainly being planned on a grand scale, according to the tender documents issued by the government. The government has asked for merchandise such as t-shirts, caps, trophies, pen drives and leather cloth and plastic bags. A gamification agency will work on the portals, mobile applications and social media handles to boost participation.

The messaging agency must be able to carry out, track, record and analyse 50 lakh to one crore messages a day. The event will be launched by the Prime Minister through a radio address on "Mann ki Baat", which will be followed by events at gram panchayats, block and sub divisional headquarters, district and state levels, eventually culminating in a national event, according to a presentation seen by ET.

As part of the run-up to the DIW, events such as hackathons, training programmes and webinars would be held in schools and colleges, followed by crowdsourcing ideas through the government's portal MyGov, as well as a new Digital India portal that is being designed. "It is a typical BJP-style campaign.

The Prime Minister does not want to hold the final day event in Delhi and the location is being finalised. All state and line ministries have been involved, and are being asked to showcase e-services and best practices, along with the launch of some programmes like digital locker," said another person familiar with the plans being rolled out for the DIW. The watch words of the campaign will be "inform, educate and engage", which will include taking the message of Digital India to the masses through educational institutions, industry and government agencies.

"It will educate people on various important services such as digital literacy, cyber hygiene and e-waste management, and also look at engaging a large number of people, especially youth on a continuous basis," said a person familiar with the ongoing preparation.

NeGD is looking at using the principles of gamification to gather feedback. Experts on e-governance say this is a good move as most e-governance projects, across the world, fail because there's not enough buy-in from stakeholders or the goals aren't communicated widely to the public.

"E-governance needs evangelising. That is what this campaign looks like it will do. Some parts are dated — such as posters and the print elements. But this is a good idea. Whether it works or not depends on the participation they see at the end," Sunil Abraham, director at the Centre for Internet and Society, said.

For more details visit https://cis-india.org/internet-governance/news/economic-times-may-29-2015-jochelle-mendonca-and-neha-alawadhi-digital-india

Indian music streaming service Gaana hacked, millions of users’ details exposed

praskrishna — 2015-08-22T16:44:25Z

Indian music streaming service Gaana, which has over 7.5 million monthly visitors, has been compromised by a hacker and its user information database is now exposed.

The hacker, who goes by the moniker Mak Man and appears to be based in Lahore, Pakistan, posted a link to a searchable database of Gaana user details on his Facebook page. Enter a user’s email address and it spits out their full name, email address, MD5-hashed password, date of birth Facebook and Twitter profiles and more.

The hack appears to be a SQL injection-based exploit of Gaana’s systems, but the intention behind it is unknown. The database shows more than 12.5 million users are currently registered on Gaana.

Mak Man also posted images of the service’s admin panel.

It’s worrying that an online service from one of India’s biggest internet companies (Times Internet) is vulnerable to attacks like this.

With user details exposed, it may not do much good to simply change your Gaana password, as it will reflect in the hacker’s database. You’re better off deactivating your account until the issue is resolved, and changing your email, Facebook and Twitter passwords if they’re the same as on Gaana right away.

Update: Since our story broke, Gaana has taken its site offline and the exposed database isn’t returning search results when we queried it with test data.

The hacker has updated his database page with the following message: “The vulnerable parameter I was using here, has been patched by the Admin
Now the question is, Was this the only vulnerable parameter I had .. ? ;)”

Update 2: Times Internet CEO Satyan Gajwani tweeted that only login credentials were accessed and no financial or sensitive personal data was leaked.

Gajwani attempted to contact the hacker on Facebook and acknowledged the issue. He added that the attack was the hacker’s way of highlighting Gaana’s vulnerability.

The exposed database has since been removed on Gajwani’s request. All Gaana users’ passwords have been reset.

Gajwani also sought to reassure his followers that no user data was stored and that the passwords were hashed. Hacker

Mak Man also confirmed this in a Facebook post. However, that can’t be confirmed and you’d best change your passwords for any social accounts and email addresses associated with your Gaana profile.

According to Pranesh Prakash, Policy Director at Center for Internet and Society in Bangalore, India, the MD5 hashing algorithm which appears to have been used for securing passwords isn’t very strong and could easily be unscrambled using a rainbow table to get the plain-text version of the data.

Prakash also says that for added security, Gaana should:

Stop using MD5 as its password hashing function and instead look at stronger password derivation functions like scrypt, bcrypt, or PBKDF2.
Sanitize its SQL inputs to prevent against malicious SQL injections.
Enable two-factor authentication for users to log in securely.
Urge its users to use long passphrases instead of short complicated passwords and to never to reuse a password.

➤ Gaana [via The Geek Byte]

For more details visit https://cis-india.org/internet-governance/news/tnwnews-may-28-2015-abhimanyu-ghoshal-indian-music-streaming-service-gaana-hacked-millions-of-users-details-exposed

Your phone is a surveillance device, your ISP a surveillance provider…: Pranesh Prakash

praskrishna — 2015-06-17T14:53:40Z

“In India there is no special privilege for journalists over ordinary citizens,” Pranesh Prakash, Policy Director at the Centre for Internet and Society began at the workshop entitled ‘Digital Security for Journalists’ organised by the Mumbai Press Club and the Centre for Internet and Society.

The blog post was published by mxmindia.com on May 27, 2015. Pranesh Prakash gave his inputs.

“Even if you don’t care about your own security/privacy, think about you sources. Your sources want privacy,” Prakash said as he began the workshop on how to assess security threats, how to protect sources and how to prevent your ISP from leaking out information. With the growth of the internet since the 1980s, we know we can’t trust everyone; police stations, governments, all engage in surveillance of some sort, he pointed out. Prakash went on to explain the ‘Threat Model’, wherein journalists ought to ask questions like what are you protecting, who are you protecting yourself against, what do you hope to achieve and to what lengths are you willing to go? All of the measures you are going to take to protect your source are going to be inconvenient. Security is always at the cost of convenience he reiterated.

Data threat can be intercepted at two levels, Prakash explained; data in transit and data at rest. The important question to ask is which you wish to secure, because the means to secure both are very different.Emails being sent to someone can be intercepted by an outside source in transit. It is easier to secure you own data on your computer, but an email is so much more difficult to secure because there are multiple points where the information is stored. Targeted surveillance is much more difficult to protect yourself against than mass surveillance.

For WiFi, password protected networks form an encryption, one more barrier to protect you. However, a WEP encrypted network is easy to break through. You need at least a WPAII to be secure enough. Airport networks usually ask for a password after connecting to the WiFi. That too is easy to see through. Avoid using these networks for sensitive work.

One must keep in mind who they want to secure the data from; whether from a casual threat or an Intelligence Agency like the National Security Agency (NSA), National Technical Research Organisation (NTRO) or Intelligence Bureau (IB).Mass surveillance or non-targeted surveillance is not legal in India. However. the NTRO engages in mass surveillance, for which it was criticised in a Mint article, following which they shifted only to the national borders for surveillance. It is also possible for the NSA to tamper with your laptop before delivery.The NSA’s ANT catalogue has been working on a technology that has a device that can fit within the connector that connects to your keyboards and it can last there years and years without detection. Hence Prakash suggests that if a journalist is working on a sensitive story that if leaked could cause a ruckus, he/she would be safer buying a new computer and paying for it in hard cash.

The more important a source is, the less you must use your phone, Prakash pointed out. Phones leak information time and again, information of time and location. The NSA uses it, the police use it. If you are meeting with someone and you both have your phone, then information that you have met is transmitted. Even without GPS it can track your location, when you receive/send a call/message, as your mobile network needs to access the cell tower you are around in order to reach you.

Encrypted emails still leak identities. If the police look into an encrypted email, they will still know who you are communicating with. Background information you are doing on a story can also give away a lot you don’t want to be given away. Even with an encrypted email, they have access to your location, IP address, the sender and the receiver of the email, time stamp, Mac id and IMEI.

End-to-end encryption is the way out here.This means that no one in the middle, including the company can read the emails you send from your company server. End-to-end encryption is the most inconvenient. End-to-end encryption means that you and the party concerned need to come up with a code that the other party needs to be able to decrypt. The software both parties use also needs to be compatible.

“I recommend using WhatsApp over Viber and Line, Skype over other alternatives and Twitter is also safe, but never use Facebook for sensitive conversations that you don’t want to get out,” Prakash said. WhatsApp is safer than normal text messaging he points out. Prakash recommended an app called Conversations to use for messaging on your phone. It is safer than both normal SMSing and WhatsApp. An SMS leaks metadata, he explains, that’s why it is preferable to use data or apps that use the internet.

In the 2G network space, only Airtel and Docomo use at least a weak encryption.All the rest use no encryption. Anyone can snoop in on your conversations. Instead one must use data-enabled apps for calling like RedPhone, he suggested. This is a great way to protect your source.

Most people are known to repeat passwords for various accounts. Never repeat a password, Prakash advised. Maintain different passwords for all your accounts. It is the safest. And if you are unable to remember them all, then use password managementsoftware like LastPass or KeyPass. These enable you to key in and store all your passwords in one place and you only have to remember the password to your LastPass/KeyPass account. But if you forget your master password, then there is no way to recover all your other passwords.

The session concluded with Prakash working hands-on with the journalists, helping them to download the required software on their laptops and mobile phones. This knowledge is vital for all journalists in order to protect themselves and their sources when doing a high profile, sensitive story, Prakash said.

For more details visit https://cis-india.org/internet-governance/news/mxmindia-may-27-2015-dyanne-coelho-your-phone-is-a-surveillance-device-your-isp-a-surveillance-provider

Consilience

praskrishna — 2015-06-19T01:55:12Z

Pranesh Prakash was a speaker at this event organized by the National Law School of India University on May 9 and 10, 2015 in Bangalore. The theme for this conference was "Net Neutrality".

For those of you who came in late, Net Neutrality refers to the idea that all data on the internet should be treated equally. What this means is that you shouldn't be charged more for using one website or less for another. The internet is meant to be equal for all to access. To access YouTube one should not have to pay extra, just because Airtel is trying to grow.

However, to maintain this network that we love so much, telecom operators argue they have to spend thousands of crores of rupees on licences and cable infrastructure without getting much return. Therefore they want to be able to charge differently for using different websites. This makes it is a very contentious issue as it involves a tricky balancing of business interests v. freedoms of the digital age. For a little more insight on the topic, see the document attached which explains net neutrality in a very simple manner.

The conference was graced by a host of experts in the field, such as Rajan Mathews (Director-General, Cellular Operators Association of India), T.V. Ramachandran (Resident Director, Regulatory Affairs and Govt. Relations, Vodafone Essar Ltd.), the Policy Director for Centre for Internet and Society, Mr. Pranesh Prakash, and the general counsel of CISCO India, Mr. Joginder Yadav. Students and experts alike gave differing opinions and facilitated a great debate.

For more details visit here.

For more details visit https://cis-india.org/internet-governance/news/consilience-nls-2015

Anti-harassment app wins hackathon for women

praskrishna — 2015-05-20T13:25:33Z

A team of four young women coders from Porta Allegra in Brazil has won the IGNITE International Girls Hackathon with an anti-harassment app called Não Me Calo, which means “I will not shut up”.

The blog entry was published in Sci Dev Net on May 15, 2015. Rohini Lakshané gave her inputs.

Não Me Calo allows users to review restaurants based on how they treat women. The data then helps other patrons decide which restaurants are safest for women, and publicly encourages restaurant owners and government officials to fix harassment hotspots.

The team competed against coders from India, Taiwan and the United States to create the best app addressing the challenge of creating safe spaces for women. They will now work with partners from the Global Fund for Women, which organised the hackathon, to fully develop the app.

Catherine King, the executive producer of the Global Fund for Women, says that the hackathon is meant to address the gender gap in access to information technology, and to encourage women to create and shape technologies.

“If girls aren’t accessing the internet and aren’t creating culture themselves online and using their own voices online, then that means other people are doing that,” Sara Baker, the coordinator of Take Back the Tech!, a global campaign to get more women online, told SciDev.Net.

The hackathon, which gave teams 24 hours to create their app, took place in February, and the winners were announced last month.

King says that the teams’ responses to the challenge were influenced by experiences in their own communities. For example, teams from India designed apps for learning self-defence and sex education.

Women’s safety apps or features are becoming increasingly popular, particularly in India where they are seen as a way to respond to public violence against women. Earlier this year, Uber, the taxi-hailing app, added a new ‘SOS button’ to their Indian version after a driver raped a passenger in December 2014.

But Rohini Lakshané, a researcher at the Centre for Internet and Society in India, points out that these technologies can only go so far towards preventing violence against women, and must be part of a broader approach that also addresses the underlying social and cultural causes of gender inequality.

She adds that many apps fail to protect women because they are designed by men who don’t understand the intricacies of women’s safety.

For more details visit https://cis-india.org/internet-governance/news/anti-harassment-app-wins-hackathon-for-women

Paper-thin Safeguards and Mass Surveillance in India

chinmayi — 2015-06-20T10:17:57Z

The Indian government's new mass surveillance systems present new threats to the right to privacy. Mass interception of communication, keyword searches and easy access to particular users' data suggest that state is moving towards unfettered large-scale monitoring of communication. This is particularly ominous given that our privacy safeguards remain inadequate even for targeted surveillance and its more familiar pitfalls.

This need for better safeguards was made apparent when the Gujarat government illegally placed a young woman under surveillance for obviously illegitimate purposes, demonstrating that the current system is prone to egregious misuse. While the lack of proper safeguards is problematic even in the context of targeted surveillance, it threatens the health of our democracy in the context of mass surveillance. The proliferation of mass surveillance means that vast amounts of data are collected easily using information technology, and lie relatively unprotected.

This paper examines the right to privacy and surveillance in India, in an effort to highlight more clearly the problems that are likely to emerge with mass surveillance of communication by the Indian Government. It does this by teasing out Indian privacy rights jurisprudence and the concerns underpinning it, by considering its utility in the context of mass surveillance and then explaining the kind of harm that might result if mass surveillance continues unchecked.

The first part of this paper threads together the evolution of Indian constitutional principles on privacy in the context of communication surveillance as well as search and seizure. It covers discussions of privacy in the context of our fundamental rights by the draftspersons of our constitution, and then moves on to the ways in which the Supreme Court of India has been reading the right to privacy into the constitution.

The second part of this paper discusses the difference between mass surveillance and targeted surveillance, and international human rights principles that attempt to mitigate the ill effects of mass surveillance.

The concluding part of the paper discusses mass surveillance in India, and makes a case for expanding our existing privacy safeguards to protect the right to privacy in a meaningful manner in face of state surveillance.

Download the paper here.

For more details visit https://cis-india.org/internet-governance/blog/paper-thin-safeguards-and-mass-surveillance-in-india

Definition of Net Neutrality should be flexible: Pranesh Prakash

pranesh — 2015-06-19T01:43:04Z

Critics argue that Facebook’s Internet.org violates the principle of Net Neutrality.

The article by Sanjay Vijaykumar was published in the Hindu on May 10, 2015. Pranesh Prakash is extensively quoted.

The definition of Net Neutrality should be flexible enough to allow for experimentation with different models of providing cheaper Internet access and such experimentation needs to be regulated by the telecom regulator, Telecom and Regulatory Authority of India (TRAI) according to Internet expert Pranesh Prakash.

Mr. Prakash was reacting to the business model of Boston-based start-up Jana, which said it had figured out a way to offer billions of people in the emerging world free access to the Internet, without violating the web’s open nature. The firm has launched Jana Loyalty, a product that seeks to reward its smartphone users in two ways. One, it reimburses users the cost of downloading and using an app of Jana’s clients. Two, it gives free additional data with which the user can access any content online.

“While Jana is like Internet.org, since it is Internet service-specific zero-rating, Jana Loyalty is what my colleague Sunil Abraham dubs a ‘leaky walled garden’. The walled garden (site-specific access) exists, but you also get free access to the whole of the Web in return. Given that there is no one universal definition of Net Neutrality, and given India currently doesn’t have a definition, I can’t answer if this is a violation of Net Neutrality,” said Mr. Prakash, who is Policy Director at The Centre for Internet and Society (CIS), a Bangalore-based, non-profit, research and policy advocacy.

Facebook’s attempts to provide a limited version of the Internet free has been attracting criticism from supporters of Net Neutrality, especially in India. Critics argue that Facebook’s Internet.org, which offers users free access to a bouquet of pre-selected Web sites, violates the principle of Net Neutrality by choosing what is accessible and what isn’t. Facebook has reacted to this by opening up Internet.org to all developers who meet its guidelines. Mr. Prakash said the definition of Net Neturality should be flexible enough to allow for experimentation with different models of providing cheaper Internet access, including Jana Loyalty.

“However, such experimentation ought to be regulated by the telecom regulator. To minimise harm, they should be allowed on a case-by-case basis after the regulator has had an opportunity to conduct risk-benefit analysis against four goals it should seek to promote — universal and affordable access; effective competition; protection of consumers against harm; and diversity that arises from the openness and interconnectedness of the Internet,” he added.

Net neutrality is a principle that says Internet Service Providers (ISPs) should treat all traffic and content on their networks equally.

Why now?

Late last month, Trai released a draft consultation paper seeking views from the industry and the general public on the need for regulations for over-the-top (OTT) players such as Whatsapp, Skype, Viber etc, security concerns and net neutrality. The objective of this consultation paper, the regulator said, was to analyse the implications of the growth of OTTs and consider whether or not changes were required in the current regulatory framework.

What is an OTT?

OTT or over-the-top refers to applications and services which are accessible over the internet and ride on operators' networks offering internet access services. The best known examples of OTT are Skype, Viber, WhatsApp, e-commerce sites, Ola, Facebook messenger. The OTTs are not bound by any regulations. The Trai is of the view that the lack of regulations poses a threat to security and there’s a need for government’s intervention to ensure a level playing field in terms of regulatory compliance.

For more details visit https://cis-india.org/internet-governance/news/the-hindu-sanjay-vijaykumar-may-10-2015-pranesh-prakash-on-definition-of-net-neutrality

March 2015 Bulletin

praskrishna — 2015-05-12T01:36:18Z

Newsletter for the month of March.

We are happy to share with you the third issue of the CIS newsletter (March 2015). The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights

In a landmark judgement upholding the freedom of expression, the Supreme Court of India on March 24, 2015 struck down a provision (Section 66 A of the IT Act) which provided the power to arrest anyone for posting offensive comments online. Geetha Hariharan in her blog post captures the happenings which led to the court ruling.

CIS in partnership with Privacy International is doing the GSMA project that seeks to understand different legal and regulatory aspects of security and surveillance in India. The research outputs published thus far are now online in a consolidated blog post.
CIS as part of its RAW programme is inviting abstracts for essays that explore what it means to study Internet(s) in India today.
CIS is pleased to announce that the Researchers at Work (RAW) programme is supporting a new collaborative publishing project led by T.A.J. Residency / SKE Projects and or-bits.com. The first volume of the series titled 'Silicon Plateau' will feature contributions by a group of well-known artists, researchers, and writers.
Sumandro Chattapadhyay's paper titled 'Whose Open Data Community is it? Reflections on the Open Data Ecosystem in India' has been accepted for presentation at the Open Data Research Symposium to be held during the 3rd International Open Data Conference in Ottawa, Canada, on May 28-29 2015.
CIS has been invited to contribute two sections to the Asia Internet History - Third Decade (2001 - 2010) book edited by Dr. Kilnam Chon. The sections will discuss the activities and experiences of civil society organisations in Asia and India, respectively, in national, regional, and global Internet governance processes. Draft outlines of the sections are shared here . Comments and suggestions are invited.

CIS has prepared an open proposal to the Wikimedia Foundation to support its annual plan with USD 208,603.
CIS has prepared a draft work plan for the period July 2015 to June 2016 . This work plan consists of 18 programs across 6 verticals.
On December 24, 2015, Bharti Airtel, one of India's largest telecom players, announced the introduction of a new 'VOIP' usage policy for its mobile users. Tarun Krishnakumar analyses the developments in a blog post.

In his monthly column published in the Business Standard on March 4, 2015, Shyam Ponappa writes "systems and methods for access through elements that provide connectivity - spectrum, fibre-optic cable, coaxial cable, or "twisted-pairs" for ADSL - must be devised in an integrated manner and made available at low cost.
NVDA team as part of its project on developing text-to-speech software in 15 Indian languages has published key updates ofBengali and Assamese language testing.
In the year 2013 Nehaa Chaudhari had worked on a module on IP Rights for UNESCO's Open Access Curriculum. The module was published recently and is available under the CC-BY-SA 3.0 IGO license.

Rohini Lakshané in a blog post chronicles information about big-ticket lawsuits pertaining to mobile technology patents filed in India.

► Vacancies at CIS

CIS is seeking applications for these posts:

Assistant Project Manager : To assist the Project Manager on all tasks relating to the organization of the Fourth Global Congress on Intellectual Property and the Public Interest, which will take place in New Delhi from December 15-17, 2015.
Internship : CIS is providing opportunities for students enrolled in graduate programmes to undertake internship at its offices in Bangalore and Delhi. Eligible candidates are welcome to participate in our internship programme.

----------------------------------------------
Accessibility and Inclusion
----------------------------------------------
Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. CIS in partnership with CLPR (Centre for Law and Policy Research) compiled the National Compendium of Policies, Programmes and Schemes for Persons with Disabilities (29 states and 6 union territories). The publication has been finalised and is being printed. The draft chapters and the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Updates

March 2015 Report (Suman Dogra; March 31, 2015).

Language Testing Reports

Assamese Language (Nirmita Narasimhan; March 23, 2015).
Bengali Language (Nirmita Narasimhan; March 24, 2015).

Event Organized

Report on Training on the Use of eSpeak in Hindi with NVDA (Organized by NVDA team; Dr. Shakuntala Mishra National Rehabilitation University, Lucknow; March 16 - 29, 2015).

-----------------------------------------------------------
Access to Knowledge
-----------------------------------------------------------
As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Pervasive Technologies

As part of the Pervasive Technologies project, Rohini Lakshané has written a blog entry that chronicles information on big-ticket lawsuits pertaining to mobile technology patents filed in India. As part of broader Access to Knowledge work UNESCO published a module on Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

Module Units

Intellectual Property Rights - Open Access for Researchers (Nehaa Chaudhari; March 19, 2015, UNESCO). Nehaa worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

Blog Entries

Mobile App Developer Series: Terms of Agreement - Part IV (Samantha Cassar; March 23, 2015).
Compilation of Mobile Phone Patent Litigation Cases in India (Rohini Lakshané; March 15, 2015).
Interviews with App Developers: Open Source, Community, and Contradictions - Part III (Samantha Cassar; March 24, 2015).
Interviews with App Developers: Name of the Game - Part IV (Samantha Cassar; March 24, 2015).

Participation in Events

Conference on Standards Setting Organisations (SSOs) and FRAND (Organized by MHRD Chair on Intellectual Property Rights, Centre for Intellectual Property Rights and Advocacy (CIPRA), National Law School of India University, Bangalore, in association with Intel Technology India Pvt. Ltd.; Bangalore; March 21-22, 2015). Rohini Lakshané participated in this event.
4th IPR Researchers Confluence (Organized by Shailesh J. Mehta School of Management, Indian Institute of Technology Bombay, Mumbai and National Institute of Industrial Engineering, Mumbai with support from Ministry of Human Resource Development, New Delhi; March 27 - 28, 2015). Maggie Huang presented intermediary findings of the research entitled "India's Music Copyright Management in the Age of Music Streaming".

Media Coverage

The perils of not protecting intellectual property for new ventures (Evelyn Fok and Shonali Advani; Economic Times; March 20, 2015). Sunil Abraham gave his inputs.

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Announcements

Open Proposal for Funding : CIS has prepared an open proposal for funding for about USD 208,603 from the Wikimedia Foundation. CIS is inviting comments on the proposal. CIS is proposing to contribute to the qualitative and quantitative growth of 12 Wikimedia projects across 9 Indian languages and associated communities, in addition to providing need based support to other Indic communities.
Access to Knowledge Work Plan : CIS has prepared the India Access to Knowledge work plan (July 2015 to June 2016). The work plan consists of 18 programs across 6 verticals. These include eight programs in five language areas, two community strengthening initiatives, five stand-alone Wikimedia projects, creating movement resources, publicity, research and documentation, and general support and service to the movement.

Event Organized

Train the Trainer Program (CEO Centre; Dodda Gubbi; Bangalore; February 26 - March 1; 2015).

Blog Entry

Hindustani Language: We Are Wikipedia (Syed Muzamiluddin; March 27, 2015).

Participation in Event

2nd National Language Conference, Bhubaneswar (Organized by Institute of Odia Studies and Research; Institute of Physics, Bhubaneswar; March 30 - April 2, 2015). Subhashish Panigrahi presented a paper in Odia language in this conference as part of a panel discussion related to Odia language computing.

News and Media Coverage

CIS-A2K team gave its inputs to the following media coverage:

Train the Trainer (Udayavani; March 2, 2015).
More articles for Tulu Wikipedia (The Hindu; March 10, 2015).
GoI body National Mission for Manuscripts has digitised 3 million manuscripts (Sneha Johari; Medianama; March 13, 2015).
Bangla Wiki turns 10 (Sudeshna Banerjee, Showli Chakraborty and Abhinanda Datta; The Telegraph; March 29, 2015).

Events Co-organized

Women's History Month - India (Organized by CIS-A2K and Wikimedia India; India, March 2015). March 8 is International Women's Day, and to celebrate this women in India organized edit-a-thons and meetups to create and expand articles of importance to women in Wikipedia in English and various Indian languages. Online events were organized for these Wikipedias: Bengali , Punjabi , Odia , Marathi , Kannada and Malayalam .

►Openness

Media Coverage

India backs open source software for e-governance projects (originally published by IDG News Service was mirrored on the website ofCIO and PC World; March 29, 2015). Sunil Abraham gave his inputs.

-----------------------------------------------
Internet Governance
-----------------------------------------------
As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

►Freedom of Expression

India's Apex Court in a landmark decision struck down section 66A of the IT Act. The judgment provided great relief for advocates of freedom of speech on the Internet. The development attracted lots of media coverage to which CIS gave its inputs:

Articles

Internet censorship will continue in opaque fashion (Sunil Abraham; The Times of India; March 25, 2015).
Historic day for freedom of speech and expression in India (Vidushi Marda; Bangalore Mirror; March 25, 2015).
India's Supreme Court Axes Online Censorship Law, But Challenges Remain (Subhashish Panigrahi; Global Voices Online; March 25, 2015).
Big win for freedom of speech. Really? (Sunil Abraham; Bangalore Mirror; March 29, 2015).
Three reasons why 66A verdict is momentous (Pranesh Prakash; The Times of India; March 29, 2015).

Blog Entries

What Does Facebook's Transparency Report Tell Us About the Indian Government's Record on Free Expression & Privacy? (Pranesh Prakash; March 17, 2015).
No more 66A! (Geetha Hariharan; March 24, 2015).

· Requests to ICANN: CIS sent ICANN six requests to ICANN regarding ICANN's expenditure on travels and meetings, granular revenue, cyber-attacks on ICANN, ICANN's implementation of the NETmundial principles, complaints under the Ombudsman process, and information regarding revenues received from gTLD auctions. These were prepared by Geetha Hariharan:DIDP Request #7: Globalisation Advisory Groups and DIDP Request #8: ICANN Organogram.

Participation in Events

Tech Law Form @ NALSAR (Organized by NALSAR University of Law, Hyderabad; March 7 and 8, 2015). Geetha Hariharan participated as a speaker.
Roundtable on ICANN Accountability (Organized by Department of Electronics and Information Technology (DeitY), National Internet Exchange of India and Centre for Communication Governance, National Law University, Delhi; March 13, 2015).

►Privacy

Research Outputs

CIS in collaboration with Privacy International, UK as part of GSMA project is conducting research to understand different legal and regulatory aspects of security and surveillance in India. The following outputs have been published: Indian Law and the Necessary Proportionate Principles (Elonnai Hickok), Security, Surveillance and Data Sharing Schemes and Bodies in India (Maria Xynou and Elonnai Hickok), Export and Import of Security Technologies in India: QA (Elonnai Hickok), Regulation of CCTV's in India (Elonnai Hickok), Mutual Legal Assistance Treaties (MLATs) and Cross Border Sharing of Information in India (Maria Xynou and Elonnai Hickok), Composition of Service Providers in India (Lovisha Aggarwal), The Surveillance and Security Industry in India - An Analysis of Indian Security Expos (Divij Joshi), An Analysis of News Items and Cases on Surveillance and Digital Evidence in India (Lovisha Aggarwal), Policy Recommendations for Surveillance Law in India and an Analysis of Legal Provisions on Surveillance in India and the Necessary & Proportionate Principles (Maria Xynou), The Surveillance Industry in India (Maria Xynou), and State of Cyber Security and Surveillance in India: A Review of the Legal Landscape (Elonnai Hickok).

Event Organized

Cybersecurity and the Internet of Things (Organized by US Consulate Chennai, Cyber Security & Privacy Foundation and CIS; Hotel Atria, Palace Road, Bangalore; March 19, 2015).

Participation in Events

CONNECTing the Dots: Options for Future Action (Organized by UNESCO; March 3 - 4, 2015; Paris). Elonnai Hickok participated in the event.
Vox Pol Workshop on the Role of Social Media and Internet Companies in Responding to Violent Online Extremism (Organized by VOX-Pol network; March 5-6, 2015).

---------------------------------
News & Media Coverage
---------------------------------

CIS gave its inputs to the following media coverage:

Uploaded and blocked, a daylong battle rages on the web over BBC documentary (Kim Arora; The Times of India; March 6, 2015).
India tops list of content restrictions requests, says Facebook (Neha Alawadhi; Economic Times; March 17, 2015).
If you thought India is a country where freedom of speech and expression are fundamental rights, think twice! (Business Insider; March 17, 2015).
Live Chat: Aadhaar: An identity crisis? (Hindu; March 17, 2015).
Delhi Govt Sets Up WiFi Task Force (Originally published by Press Trust of India; TeleAnalysis; March 18, 2015).
India's plan to offer citizens digital lockers poses a privacy threat, say experts (Scroll.in; March 19, 2015).
Internet becomes vernacular with relaunch of e-bhasha (Ankita Lahiri; Governance Now; March 23, 2015).
Indian Supreme Court Overturns Law Barring 'Offensive Messages' Online (Niharika Mandhana; Wall Street Journal; March 24, 2015).
Supreme Court Strikes Down Section 66A Of IT Act (Indrani Basu and Betwa Sharma; Huffington Post; March 24, 2015).
India's section 66A scrapped: Win for free speech (Prasanto K. Roy; BBC; March 24, 2015).
India's Online Freedom Advocates Hail Court Ruling on Free Speech (Anjana Pasricha; Voice of America; March 24, 2015).
Live Chat: Win for Free Speech (Hindu; March 24, 2015). Geetha Hariharan participated in the live chat.
India's Supreme Court strikes down law that led to Facebook arrests (Annie Gowen; Washington Post; March 24, 2015).
Netizens Rejoice Over SC Ruling to Keep the Net Free (Parina Dhilla; New Indian Express; March 25, 2015).
'A safe Internet and a free Internet can co-exist' (Hindu; March 25, 2015).
India High Court: No Takedown Requests On Social Sites Without Court, Gov't Order (Madhur Singh; Bloomberg BNA; March 25, 2015).
India's Supreme Court strikes down law that led to arrests over Facebook posts (Annie Gowen; Star.com; March 25, 2015).
What the experts said on live chat (Hindu; March 25, 2015). Geetha Hariharan was one of the panelists.
Indian Court Strikes Down Section of Law Punishing Offensive Posts (Nida Najar and Suhasini Raj; NDTV; March 25, 2015).
IT Leaders, Lawyers Welcome SC Ruling on 66A of the IT Act (Cio.in; March 25, 2015).
I dare you, I double dare you: Social media celebrates Sec 66A verdict (Vishakha Saxena; Hindustan Times; March 25, 2015).
Ruling in India shields Web posts (Originally published by Washington Post and mirrored in Boston Globe; March 25, 2015).
The noose tightens on freedom of speech on the Internet (Gabey Goh; Digital New Asia; March 26, 2015). This was also mirrored in Malaymail Online.
SECTION 66A: DELETE (Kumar Anshuman; Open Magazine; March 27, 2015).
SC has set a high threshold for tolerance: Lawrence Liang (Dhamini Ratnam; Livemint; March 28, 2015).
66A DEAD. LONG LIVE 66A! (Soni Mishra; The Week; March 28, 2015).
India's landmark online speech ruling is step toward greater press freedom (Sumit Galhotra; CPJ; March 28, 2015).
You can still get into trouble for online posts: Digital law experts (Kim Arora; The Times of India; March 30, 2015).
'Smack' the Trolls! (Marianne De Nazareth; Citizen; March 31, 2015).

--------------------------------
Researchers at Work
--------------------------------
The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by contemporary concerns to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It is interested in producing local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Announcements

Call for Essays: Studying Internet in India : CIS is inviting abstracts for essays that explore what it means to study Internet(s) in India today, the many experiences of Internet(s) in India; its histories and archaeologies; how we use it to read, write, create, relate, learn, and share. Please send abstracts (200 words) to raw@cis-india.org.
Announcing Silicon Plateau #01 : The RAW programme is supporting a new collaborative publishing project led by T.A.J. Residency / SKE Projects and or-bits.com. The first volume of the series titled 'Silicon Plateau' will feature contributions by a group of artists, researchers, and writers, including IOCOSE, Tara Kelton, Anil Menon, Sunita Prasad, Achal Prabhala and Sreshta Rit Premnath, along with contextual writing and documentation material. Here is an excerpt from the editorial note written by Marialaura Ghidini, the co-editor of the volume.
Whose Open Data Community is it? - Accepted Abstract (Sumandro Chattapadhyay; March 31, 2015). The paper 'Whose Open Data Community is it? Reflections on the Open Data Ecosystem in India' has been accepted for presentation at the Open Data Research Symposium to be held during the 3rd International Open Data Conference in Ottawa, Canada, on May 28-29 2015.

Event Organized

Digital Activism in Asia Reader (Organized by CIS; Bangalore; March 6-7, 2015). The project is a collaborative effort of CIS and the Centre for Digital Cultures, Leuphana University, Germany, which aims to bring together local knowledge, debates and conversations around Digital Activism in Asia. The Digital Activism in Asia Reader is expected to be published by the Hybrid Publishing Lab in mid-2015.

Blog Entries

Figures of Learning: The Reader (P.P.Sneha; March 24, 2015).
Civil Society Organisations and Internet Governance in Asia and India - Section Outlines : CIS has been invited to contribute two sections to the Asia Internet History - Third Decade (2001-2010) book edited by Dr. Kilnam Chon.

--------------------------------
Telecom
--------------------------------
CIS is involved in promoting access and accessibility to telecommunications services and resources and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Op-ed

Railway Takeaways for Digital India (Shyam Ponappa; Business Standard and Organizing India Blogspot; March 4, 2015).

Blog Entry

TRAI-ing Times: The Story So Far (Tarun Krishnakumar; March 19, 2015).

---------------------------------
About CIS
---------------------------------
The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us

Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration:

We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org. To discuss collaborations on Indic language Wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/march-bulletin-2015

TRAI and the Disclosure of Personal Information

Nehaa Chaudhari and Vidushi Marda — 2015-05-10T09:16:28Z

The Telecom Regulatory Authority of India (TRAI), in March 2015 invited comments on its Consultation Paper for the regulation of over-the-top (OTT) services. In an unprecedented wave of public participation, TRAI received over a million e-mails in support of net neutrality.

This note sets out the law in relation to the unauthorized disclosure of personal information. Many thanks to Bhairav Acharya for his inputs on this.

Subsequently, on April 27, 2015, TRAI made all responses received by it public, including personal information like email addresses along with any information contained in email signatures, which invariably include a phone number or address. While disclosure of names was needed to ensure transparency in the consultation process, disclosure of personal information gave rise to criticism and questions around the legality of such disclosure.

This note sets out the law in relation to the unauthorized disclosure of personal information:
Section 43A of the IT Act provides for subordinate legislation to govern the manner in which sensitive personal data is collected and processed. The governance of personal information is dealt with under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“2011 Rules”). The 2011 Rules are made to give effect to Section 43A of the IT Act.

TRAI is a body corporate as per Section 3(2) of the TRAI Act. Hence, TRAI’s collection, storage, and disclosure of personal information is governed by the 2011 Rules. Rule 5(8) requires personal information collected to be held securely. TRAIs publishing of email addresses is a violation of Rule 5(8).

Rule 4 of the 2011 rules requires a body corporate to have a privacy policy. On its website, TRAI publishes a Privacy Policy. However, the Policy speaks of information gathered from the TRAI- Website. Even the wording on the Home Page of the TRAI website (that links to these policies) says “Website Policies”. It is unclear therefore, whether the Privacy Policy applies ONLY to the collection of information over the TRAI- Website or whether the Privacy Policy applies to TRAI overall.

Either way there is an argument to be made. TRAI has failed to draft and publicize a privacy policy for the personal information it collects directly. Without prejudice to the above, if the privacy policy on the TRAI website governs this collection of email addresses, then its unauthorized disclosure is a contravention of its own Privacy Policy, specifically paragraph 2.

Since the IT Act does not enact a specific penalty for contravention of section 43A in respect of personal information, TRAI’s unauthorized disclosure will be penalized through the residuary penalty contained in section 45 of the IT Act.

Hence TRAI is liable under Section 45 of the IT Act read with Rules 4 and 5(8) of the 2011 Rules. Section 45 provides a “residuary penalty”; for those provisions under the IT Act or Rules for whose contravention no other penalty has been prescribed. For this contravention, TRAI would have to pay a compensation of 25,000/- to the affected persons or a penalty of 25,000/- rupees.

TRAI may argue that it disclosed that personal information would be disclosed/published. However, the Call for Comments Press Release says that Comments will be published. Email addresses are not comments, and therefore TRAI did not issue a prior disclaimer for the publication of this personal information – hence the disclosure of e-mail addresses is still a violation.

The remedy for violation of Section 43A of the IT Act is the Adjudicating Authority appointed under Section 46(1), which requires a person not below the rank of Director in the appropriate government to receive complaints. Since TRAI is a body corporate as per the Act, it is unclear as to who the adjudicating officer in the present case should be; and is the matter of a separate research question.

The Appellate authority is the Cyber Appellate Tribunal constituted under Section 48 of the IT Act . It is not known if the tribunal has been constituted, and if it has; it is unknown whether it is staffed.

In the absence of clarity with regard to statutory authorities, a citizen whose personal information has been disclosed by TRAI without authorization may file a writ petition in the Delhi High Court under Article 226, or in the Supreme Court under Article 32 for issue of a writ of mandamus or prohibition, for appointment of the first adjudicating officer and also for issuance of directions in lieu of such an officer.

For more details visit https://cis-india.org/telecom/blog/trai-and-the-disclosure-of-personal-information

The Transformative Power of Online Activism

praskrishna — 2015-06-18T16:00:52Z

Rohini Lakshané was a panelist at this event organized by Hertie School of Governance on May 4, 2015.

Panelists

Alissa Wahid, National coordinator of the GUSDURian Network Indonesia
Renata Avila, Member of Creative Commons Board of Directors and a member of the Web Index Science Council, Guatemala
Rohini Lakshané, Researcher at the Centre for Internet and Society, India
Georgia Popplewell, Writer and media producer from Trinidad and Tobago

Moderation: Dilek Kurban J.D., Marie Curie Fellow, Hertie School of Governance

The lightning spread of communication technologies has enabled the dissemination of information and ideas that mainstream media have been unwilling or unable to publish. While the Internet empowers individuals to engage in advocating, mobilizing and reacting on behalf of the disempowered, it also raises significant issues of privacy and hate speech when used by the wrong people for the wrong reasons.

Are we at a stage where we can argue that online activism challenges the balance of power between governments and citizens, giving rise to a new form of deliberative and participatory democracy? Or is the transformative power of virtual civil disobedience blown out of proportion? To what extent is the Internet a level playing field where gender, ethnicity or class do not matter? What kinds of legal and political instruments are available to governments and corporations in their efforts to control the Internet? This panel discussion will bring together four female jury members of The BOBS Award 2015 who will seek answers to these and other questions regarding Internet activism, citizen journalism and grassroots mobilization.

re:thinking tomorrow is a discussion series hosted by Deutsche Welle and the Hertie School of Governance.

For more information see here.

For more details visit https://cis-india.org/internet-governance/news/the-transformative-power-of-online-activism

re:thinking tomorrow

praskrishna — 2015-06-19T14:12:08Z

The lightning spread of communication technologies has enabled the dissemination of information and ideas that mainstream media have been unwilling or unable to publish.

While the Internet empowers individuals to engage in advocating, mobilising and reacting on behalf of the disempowered, it also raises significant issues of privacy and hate speech when used by the wrong people for the wrong reasons.

Rohini Lakshané was a panelist at this event organized by Hertie School of Governance at Berlin on May 4, 2015. For more see the event brochure.

For more details visit https://cis-india.org/internet-governance/news/re-thinking-tomorrow

April 2015 Bulletin

praskrishna — 2015-05-31T04:29:24Z

Newsletter for the month of April below.

We are happy to share with you the fourth issue of the Centre for Internet and Society (CIS) newsletter (April 2015). The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

-------------------------------
Highlights
-------------------------------

CIS received 35 engaging abstracts in response to the call for essays on 'Studying Internet in India'. The final essays will be published from June onwards. The ten selected abstracts can be read at http://cis-india.org/raw/studying-internet-in-india-selected-abstracts/ .

CIS submitted its comments to the National Informatics Centre on April 30, 2015 bringing to notice the negligible progress on the front for making Indian government websites conform to the notified standards, and gave recommendations to take the initiatives forward.
Nehaa Chaudhari has prepared a consolidated report that tracks the development of India's National IPR Policy and the requests by CIS to the Department of Industrial Policy and Promotion under the RTI Act and responses elicited from the Department.

Institute of Odia Studies and Research organised 2nd National Language Conference beginning on March 30, 2015 and ending on April 2, 2015 at the Institute of Physics, Bhubaneswar. This conference was organised in collaboration with the Department of Tourism and Culture. Subhashish Panigrahi presented a paper in Odia language in this conference as part of a panel discussion related to Odia language computing.

Sunil Abraham's article titled "Shreya Singhal and 66A" was published in Economic and Political Weekly Vol-L No.15. Vidushi Marda helped in doing the research.

Sunil Abraham in an article in DNA titled " Multiple Aspects Need to be Addressed as the Clamour Grows for Network Neutrality " tells readers that there are four violations of Network Neutrality that are considered particularly egregious.

Jyoti Panday prepared an analysis of the Supreme Court judgement in Shreya Singhal and what it does for intermediary liability in India.
In February 2015, CIS had requested DeitY under RTI Act to provide information clarifying the procedures for blocking in India. The response elicited from DeitY has been published.

CIS sent a joint response to the TRAI Consultation Paper on Regulatory Framework for Over-the-top (OTT) services with scholars from Indian Institute of Management, Ahmedabad. The response was sent on March 27, 2015.

► Vacancies at CIS

CIS is seeking applications for:

Internship : CIS is providing opportunities for students enrolled in graduate programmes to undertake internship at its offices in Bangalore and Delhi. Eligible candidates are welcome to participate in our internship programme.

►NVDA and eSpeak

# Monthly Updates

April 2015 Report (Suman Dogra; April 30, 2015).

# Language Testing Reports

Hindi Language (Nirmita Narasimhan; April 10, 2015).
Gujarati Language (Nirmita Narasimhan; April 16, 2015).
Oriya Language (Nirmita Narasimhan; April 30, 2015).

►Other

# Submission

Comments to the GIGW (Nirmita Narasimhan; April 30, 2015).

# Blog Entries

Methodology: Patent Landscaping in the Indian Mobile Device Market (Rohini Lakshané; November 10, 2014). The list of standards and specifications found in sub-USD-100 Internet-enabled mobile phones sold in India" (Annexure 2 in the post) has been updated .
Conference on Standards Settings Organizations (SSO) and FRAND, NLSIU (Rohini Lakshané; April 5, 2015).
National IPR Policy Series: RTI Requests by CIS to DIPP + DIPP Responses (Nehaa Chaudhari; April 15, 2015).
Pervasive Technologies Project Working Document Series: Literature Review on IPR in Mobile app development (Anubha Sinha; April 29, 2015).

Media Coverage

CIS gave inputs for the following:

One reason startups are moving out of India (Evelyn Fok and Varun Aggarwal; The Times of India; April 10, 2015). This was also mirrored in Economic Times .
Indian businesses crave IP certainty, but better patent values are tempting them overseas (IAM Magazine; April 28, 2015).

►Wikipedia

# Participation in Event

2nd National Language Conference, Bhubaneswar (Organized by Institute of Odia Studies and Research; Institute of Physics; Bhubaneswar; March 30 - April 2, 2015). This conference was organised in collaboration with the Department of Tourism and Culture. Subhashish Panigrahi presented a paper in Odia language in this conference as part of a panel discussion related to Odia language computing.

# Blog Entries

Hindustani Language: We Are Wikipedia (Syed Muzamiluddin; April 10, 2015).
ଓଡ଼ିଆ ଭାଷା ପାଇଁ ଡିଜିଟାଲ ଅସୁବିଧା (Subhashish Panigrahi; April 15, 2015).
Wikipedia Campus at Oxford College (Subhashish Panigrahi; April 28, 2015).

# News and Media Coverage

CIS-A2K team gave its inputs to the following media coverage:

Odia waits for Google Translate debut - Nine Indian languages available (Anwesha Ambaly; Telegraph; April 6, 2015).
Now you can search Google in Kannada, in your handwriting (Apurva Venkat; Bangalore Mirror; April 18, 2015).

►Openness

# Event Co-organized

NASA International Open Data Challenge 2015 (Co-organized by CIS and Team Indus; Bangalore; April 11-12, 2015).

►Freedom of Expression

# Articles

Shreya Singhal and 66A (Sunil Abraham; Economic and Political Weekly Vol-L No.15; April 11, 2015). Vidushi Marda helped in doing the research.
Don't Do Nothing. Take a Stand on Net Neutrality. (T. Vishnu Vardhan; NDTV; April 13, 2015).
Multiple Aspects Need to be Addressed as the Clamour Grows for Network Neutrality (Sunil Abraham; DNA; April 16, 2015).
The Hazards of a Non-neutral Internet (Geetha Hariharan; April 18, 2015). A modified version of the blog entry was published as an article titled " A must for free speech " in the Week.

# Blog Entries

The Supreme Court Judgment in Shreya Singhal and What It Does for Intermediary Liability in India? (Jyoti Panday; April 11, 2015).
DeitY says 143 URLs have been Blocked in 2015; Procedure for Blocking Content Remains Opaque and in Urgent Need of Transparency Measures (Jyoti Panday; April 29, 2015).

# Event

Freedom of Expression in a Digital Age: Effective Research, Policy Formation & the Development of Regulatory Frameworks in South Asia (Organized by Center for Global Communication Studies at the Annenberg School for Communication at the University of Pennsylvania, Observer Research Foundation and CIS; Observer Research Foundation, New Delhi; April 21, 2015).

# Participation in Event

Financial Express hosts #NetNeutralityDebate: 'Price discrimination can be allowed, but not for the same packet of data' (New Delhi; April 24, 2015). Pranesh Prakash participated in the discussion.

►Privacy

# Participation in Event

Privacy International Network Meeting (Organized by Privacy International, UK; April 22 - 23, 2015). Sunil Abraham attended the meeting.

►Miscellaneous

# Announcement

IIGF Recruitment : The National Internet Exchange of India (NIXI) conducted walk-in interviews on May 16, 2015 at NIXI Jasola office, Flat No. 6B, 6th Floor, Uppals M6 Plaza, New Delhi. NIXI sought candidates to fill the posts of Technology Analyst, Policy Analyst, Research Associate and Executive Assistants.

# Participation in Events

Global Conference on Cyberspace 2015 (Co-organized by Dutch Government, City of the Hague and One Conference; The Hague, Netherlands; April 16 - 17, 2015). Sunil Abraham was a panelist. He also participated in an expert roundtable conference .
CII Digital India Summit (Organized by Confederation of Indian Industries; Taj Mahal Hotel and Pragati Maidan, New Delhi; April 21 and 24, 2015). Pranesh Prakash attended the summit.

------------------------------------
News & Media Coverage
------------------------------------
CIS gave its inputs to the following media coverage:

'Smack' the Trolls! (Marianne De Nazareth; The Citizen; March 31, 2015).
The block heads (Sibi Arasu; Hindu Businessline; April 3, 2015).
Smriti Irani brings back focus on voyeurism prevailing in our country (Amrita Madhukalya; DNA; April 6, 2015).
Surveillance rises, privacy retreats (Namrata Acharya; Business Standard; April 12, 2015).
People voice their support for net neutrality, say Internet a utility not a luxury (IBN Live; April 13, 2015).
Net neutrality: Trai receives over 2 lakh mails (Sandhya Soman and Jayanta Deka; April 14, 2015).
Net neutrality: Debate rages on (Surabhi Aggarwal; Business Standard; April 11, 2015)
Net neutrality debate rages (Lalatendu Mishra and Pradeesh Chandran; The Hindu; April 15, 2015).
Net neutrality: Net activism packs a punch (Sandhya Soman; The Times of India; April 19, 2015).
Net Neutrality debate in India: Here are all the arguments you need to know (Indian Express; April 23, 2015).
Freedom struggle 2.0 (Zara Khan; Hindu; April 25, 2015).
Cry, you nasty trolls (Prasun Chaudhari; The Telegraph; April 26, 2015). Net Neutrality: The argument continues (Deepak Ajwani and Debojyoti Ghosh; Forbes India Magazine; April 29, 2015).

# Blog Entries

Studying Internet in India: Selected Abstracts - CIS received thirty five engaging abstracts in response to the call for essays on 'Studying Internet in India.' The final essays will be published from June onwards. These are the ten selected abstracts: Studying the Internet Discourse in India through the Prism of Human Rights (by Deva Prasad); Indic Scripts and the Internet (by Dibyajyoti Ghosh); The Internet in the Indian Judicial Imagination (by Divij Joshi); Dharmasala Networked (by Laird Brown); WhatsApp Economy (by Maitrayee Deka); Citizens and their Internet (by Purbasha Auddy); The Many Lives and Sites of Internet in Bhubaneswar (by Sailen Routray); Quantity over Quality: Social Media and the New Class System in India (by Sarah McKeever); Governing Speech on the Internet: Transforming the Public Sphere through Policymaking (by Smarika Kumar).

# Submission

Response to TRAI Consultation Paper on Regulatory Framework for Over-the-Top (OTT) Services (Pranesh Prakash; March 27, 2015). The response was sent in March but mirrored on our website recently.

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us

► Request for Collaboration:

For more details visit https://cis-india.org/about/newsletters/april-2015-bulletin