We are anonymous, we are legion

Vox Pol Workshop on the Role of Social Media and Internet Companies in Responding to Violent Online Extremism

praskrishna — 2015-04-03T15:51:08Z

On March 5-6, 2015, the VOX-Pol network convened a workshop at Central European University in Budapest on the role of social media and internet companies in responding to violent online political extremism and the impacts on freedom of expression.

Elonnai Hickok attended the workshop. More details can be accessed here.

For more details visit https://cis-india.org/internet-governance/news/vox-pol-workshop-on-the-role-of-social-media-and-internet-companies-in-responding-to-violent-online-extremism-5-6-march-budapest

Vote: Will Social Media Impact the Election?

praskrishna — 2013-04-15T08:30:59Z

As India enters election mode, social media has become one of many platforms where possible prime ministerial candidates are being scrutinized.

The article by R. Jai Krishna was published in the Wall Street Journal on April 15, 2013. Sunil Abraham is quoted.

On top of the list are Rahul Gandhi and Narendra Modi, who recently acquired the Twitter monikers #Pappu (“naïve”) and #Feku (“boastful”), respectively, following a string of public appearances observers saw as evidence they will be leading their respective parties in the upcoming national election.

A recent study found that social media could influence the electoral outcome in as many as 160 out of 543 seats in the Lok Sabha, the lower house of Parliament.

(These are constituencies where 10% of the voting population uses Facebook, or where the number of Facebook users is higher than the winning candidate’s margin of victory at the last election.)

	“No contestant can afford to ignore social media in the next Lok Sabha elections,” argued the study, put together by IRIS Knowledge Foundation, a Mumbai-based research group, and the Internet and Mobile Association of India, a trade body. Others are more skeptical. “The study assumes that users will behave homogenously, which isn’t true,” says Sunil Abraham, executive director at the Bangalore-based Centre for Internet and Society. While calling the study’s findings “ambitious,” Mr. Abraham said it was important to recognize the political power of Facebook, which could be used as a social platform but also to “plan a revolution.” But India’s Internet penetration is low: only 150 million people out a population of 1.2 billion go online, according to the IRIS-IAMAI study. The study estimates the number of social media users in the country is around 62 million, and that it may increase up to 80 million by time of national elections, which have to happen by May 2014.

“No contestant can afford to ignore social media in the next Lok Sabha elections,” argued the study, put together by IRIS Knowledge Foundation, a Mumbai-based research group, and the Internet and Mobile Association of India, a trade body.

Others are more skeptical. “The study assumes that users will behave homogenously, which isn’t true,” says Sunil Abraham, executive director at the Bangalore-based Centre for Internet and Society.

While calling the study’s findings “ambitious,” Mr. Abraham said it was important to recognize the political power of Facebook, which could be used as a social platform but also to “plan a revolution.”

But India’s Internet penetration is low: only 150 million people out a population of 1.2 billion go online, according to the IRIS-IAMAI study. The study estimates the number of social media users in the country is around 62 million, and that it may increase up to 80 million by time of national elections, which have to happen by May 2014.

Indian political parties have started wising up to the power of online campaigning. Ahead of state elections in Uttar Pradesh last year, for instance, parties including the winning Samajwadi Party, Congress and the Bharatiya Janata Party turned to social media ranging from Facebook to YouTube as well as to blogs and smartphone apps to promote their candidates and their agenda.

For more details visit https://cis-india.org/news/wall-street-journal-april-15-2013-r-jai-krishna-vote-will-social-media-impact-the-election

Vodafone Report Explains Government Access to Customer Data

joe — 2014-06-19T10:38:01Z

Vodafone Group PLC, the world’s second largest mobile carrier, released a report on Friday, June 6 2014 disclosing to what extent governments can request their customers’ data.

The Law Enforcement Disclosure Report, a section of a larger annual Sustainability Report began by asserting that Vodafone "customers have a right to privacy which is enshrined in international human rights law and standards and enacted through national laws."

However, the report continues, Vodafone is incapable of fully protecting its customers right to privacy, because it is bound by the laws in the various countries in which it operates. "If we do not comply with a lawful demand for assistance, governments can remove our license to operate, preventing us from providing services to our customers," The report goes into detail about the laws in each of the 29 nations where the company operates.

Vodafone’s report is one of the first published by a multinational service provider. Compiling such a report was especially difficult, according to the report, for a few reasons. Because no comparable report had been published before, Vodafone had to figure out for themselves, the “complex task” of what information they could legally publish in each country. This difficulty was compounded by the fact that Vodafone operates physical infrastructure and thus sets up a business in each of the countries where it provides services. This means that Vodafone is subject to the laws and operating licenses of each nation where it operates, unlike as a search engine such as Google, which can provide services across international borders but still be subject to United States law – where it is incorporated.

The report is an important step forward for consumer privacy. First, the Report shows that the company is aware of the conflict of interest between government authorities and its customers, and the pivotal position that the company can play in honoring the privacy of its users by providing information regarding the same in all cases where it legally can. Additionally, providing the user insight into challenges that the company faces when addressing and responding to law enforcement requests, the Report provides a brief overview of the legal qualifications that must be met in each country to access customer data. Also, Vodafone’s report has encouraged other telecom companies to disclose similar information to the public. For instance, Deutsche Telekom AG, a large European and American telecommunications company, said Vodafone’s report had led it consider releasing a report of it’s own.

Direct Government Access

The report revealed that six countries had constructed secret wires or “pipes” which allowed them access to customers’ private data. This means that the governments of these six countries have immediate access to Vodafone’s network without any due process, oversight, or accountability for these opaque practices. Essentially, the report reveals, in order to operate in one of these jurisdictions, a communications company must ensure that authorities have, real time and direct access to all personal customer data at any time, without any specific justification. The report does not name these six nations for legal reasons.

"These pipes exist, the direct access model exists,” Vodafone's group privacy officer, Stephen Deadman, told the Guardian. “We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."

Data Organization

Vodafone’s Report lists the aggregate number of content requests they received in each country where it operates, and groups these requests into two major categories. The first is Lawful Interceptions, which is when the government directly listens in or reads the content of a communication. In the past, this type of action has been called wiretapping, but now includes reading the content of text messages, emails, and other communications.

The second data point Vodafone provides for each country is the number of Communications Data requests they receive from each country. These are requests for the metadata associated with customer communications, such as the numbers they have been texting and the time stamps on all of their texts and calls.

It is worth noting that all of the numbers Vodafone reports are warrant statistics rather than target statistics. Vodafone, according to the report, has chosen to include the number of times a government sent a request to Vodafone to "intrude into the private affairs of its citizens, not the extent to which those warranted activities then range across an ever-expanding multiplicity of devices, accounts and apps."

Data Construction

However, in many cases, laws in the various companies in which Vodafone operates prohibit Vodafone from publishing all or part of the aforementioned data. In fact, this is the rule rather than the exception. The majority of countries, including India, prohibit Vodafone from releasing the number of data requests they receive. Other countries publish the numbers themselves, so Vodafone has chosen not to reprint their statistics either. This is because Vodafone wants to encourage governments to take responsibility for informing their citizens of the statistics themselves.

The report also makes note of the process Vodafone went through to determine the legality of publishing these statistics. It was not always straightforward. For example, in Germany, when Vodafone’s legal team went to examine the legislation governing whether or not they could publish statistics on government data requests, they concluded that the laws were unclear, and asked German authorities for advice on how to proceed. They were informed that publishing any such statistics would be illegal, so they did not include any German numbers in their report. However, since that time, other local carriers have released similar statistics, and thus the situation remains unresolved.

Other companies have also recently released reports. Twitter, a microblogging website, Facebook, a social networking website, and Google a search engine with social network capabilities have all released comparable reports, but their reports differ from Vodafone’s in a number of ways. While Twitter, Google, and Facebook all specified the percent of requests granted, Vodafone released no similar statistics. However, Vodafone prepared discussions of the various legal constraints that each country imposed on telecom companies, giving readers an understanding of what was required in each country for authorities to access their data, a component that was left out of other recent reports. Once again, Vodafone’s report differed from those of Google Facebook and Twitter because while Vodafone opens businesses in each of the countries where it operates and is subject to their laws, Google, Facebook, and Twitter are all Internet companies and so are only governed by United States law.

Google disclosed that it received 27,427 requests over a six-month period ending in December, 2013, and also noted that the number of requests has increased consistently each six-month period since data began being compiled in 2009, when fewer than half as many requests were being made. On the other hand Google said that the percentage of requests it complied with (64% over the most recent period) had declined significantly since 2010, when it complied with 76% of requests.

Google went into less detail when explaining the process non-American authorities had to go through to access data, but did note that a Mutual Legal Assistance Treaty was the primary way governments outside of the United States could force the release of user data. Such a treaty is an agreement between the United States and another government to help each other with legal proceedings. However, the report indicated that Google might disclose user information in situations when they were not legally compelled to, and did not go into detail about how or when it did that. Thus, given the difficulty of obtaining a Mutual Legal Assistance Treaty in addition to local warrants or subpoenas, it seems likely that Google complies with many more non-American data requests than it was legally forced to.

Facebook has only released two such reports so far, for the two six month periods in 2013, but they too indicated an increasing number of requests, from roughly 26,000 to 28,147. Facebook plans to continue issuing reports every six months.

Twitter has also seen an increase of 22% in government requests between this and the previous reporting period, six months ago. Twitter attributes this increase in requests to an increase in users internationally, and it does seem that the website has a similarly growing user base, according to charts released by Twitter. It is worth noting that while large nations such as the United States and India are responsible for the majority of government requests, smaller nations such as Bulgaria and Ecuador also order telecom and Internet companies to turn over data.

Vodaphone’s Statistics

Though Vodafone’s report didn’t print statistics for the majority of the countries the report covered, looking at the few numbers they did publish can shed some light on the behavior of governments in countries where publishing such statistics is illegal. For the countries where Vodafone does release data, the numbers of government requests for Vodafone data were much higher than for Google data. For instance, Italy requested Vodafone data 605,601 times, while requesting Google data only 896 times. This suggests that other countries such as India could be looking at many more customers’ data through telecom companies like Vodafone than Internet companies like Google.

Vodafone stressed that they were not the only telecom company that was being forced to share customers’ data, sometimes without warrants. In fact, such access was the norm in countries where authorities demanded it.

India and the Reports

India is one of the most proliferate requesters of data, second only to the United States in number of requests for data from Facebook and fourth after the United States, France and Germany in number of requests for data from Google. In the most recent six-month period, India requested data from Google 2,513 times, Facebook 3,598 times, and Twitter 19 times. The percentage of requests granted varies widely from country. For example, while Facebook complies with 79% of United States authorities’ requests, it only grants 50% of India’s requests. Google responds to 83% of US requests but only 66% of India’s.

Facebook also provides data on the number of content restrictions each country requests. A content restriction request is where an authority asks Facebook to take down a particular status, photo, video, or other web content and no longer display it on their site. India, with 4,765 requests, is the country that most often asks Facebook to remove content.

While Vodafone’s report publishes no statistics on Indian data requests, because such disclosure would be illegal, it does discuss the legal considerations they are faced with. In India, the report explains, several laws govern Internet communications. The Information Technology Act (ITA) of 2000 is the parent legislation governing information technology in India. The ITA allows certain members of Indian national or state governments order an interception of a phone call or other communication in real time, for a number of reasons. According to the report, an interception can be ordered “if the official in question believes that it is necessary to do so in the: (a) interest of sovereignty and integrity of India; (b) the security of the State; (c) friendly relations with foreign states; (d) public order; or (e) the prevention of incitement of offences.” In short, it is fairly easy for a high-ranking official to order a wiretapping in India.

The report goes on to detail Indian authorities’ abilities to request other customer data beyond a lawful interception. The Code of Criminal Procedure allows a court or police officer to ask Vodafone and other telecom companies to produce “any document or other thing” that the officer believes is necessary for any investigation. The ITA extends this ability to any information stored in any computer, and requires service providers to extend their full assistance to the government. Thus, it is not only legally simple to order a wiretapping in India; it is also very easy for authorities to obtain customer web or communication data at any time.

It is clear that Indian laws governing communication have very little protections in place for consumer privacy. However, many in India hope to change this reality. The Group of Experts chaired by Justice AP Shah, the Department of Personnel and Training, along with other concerned groups have been working towards the drafting of a privacy legislation for India. According to the Report of the Group of Experts on Privacy, the legislation would fix the 50 or so privacy laws in India that are outdated and unable to protect citizen’s privacy when they use modern technology.

On the other hand, the Indian government is moving forward with a number of plans to further infringe the privacy of civilians. For example, the Central Monitoring System, a clandestine electronic surveillance program, gives India’s security agencies and income tax officials direct access to communications data in the country. The program began in 2007 and was announced publicly in 2009 to little fanfare and muted public debate. The system became operational in 2013.

Conclusion

Vodafone’s report indicates that it is concerned about protecting its customer’s privacy, and Vodafone’s disclosure report is an important step forward for consumer web and communication privacy. The report stresses that company practice and government policy need to come together to protect citizen’s privacy and –businesses cannot do it alone. However, the report reveals what companies can do to effect privacy reform. By challenging authorities abilities to access customer data, as well as publishing information about these powers, they bring the issue to the government’s attention and open it up to public debate. Through Vodafone’s report, the public can see why their governments are making surveillance decisions. Yet, in India, there is still little adoption of transparent business practices such as these. Perhaps if more companies were transparent about the level of government surveillance their customers were being subjected to, their practices and policies for responding to requests from law enforcement, and the laws and regulations that they are subject to - the public would press the government for stronger privacy safeguards and protections.

For more details visit https://cis-india.org/internet-governance/blog/vodafone-report-explains-govt-access-to-customer-data

Virtual Aadhaar ID: too little, too late?

Admin — 2018-01-16T23:59:21Z

Problems persist as many have already shared their 12-digit number with various entities, say experts

The article by Yuthika Bhargava was published in the Hindu on January 11, 2018

The move to introduce an “untested” virtual ID to address security concerns over Aadhaar database is a step in the right direction, but may be a case of too little, too late, according to experts, as many of the 119 crore Aadhaar holders have already shared their 12-digit numbers with various entities.

“What about all the databases that are already linked up with our Aadhaar number? Virtual ID will therefore not attack the root of the problem. At best, it is band-aid,” said Reetika Khera, faculty, Indian Institute of Technology-Delhi.

“Can we realistically expect rural folks to use this to protect themselves? Or are we pushing the barely literate into the hands of middlemen who will ‘help’ them navigate it?” she questioned.

The Unique Identification Authority of India (UIDAI) on Wednesday introduced the concept of a virtual ID that can be used in lieu of the Aadhaar number at the time of authentication, thus eliminating the need to share and store Aadhaar numbers. It can be generated only by the Aadhaar number-holder via the UIDAI website, Aadhaar enrolment centre, or its mobile application.

Experts pointed out that the virtual ID is voluntary and the Aadhaar number will still need to be used at some places.

“Unless all entities are required to use virtual IDs or UID tokens, and are barred from storing Aadhaar numbers, the new measures won’t really help,” said Pranesh Prakash, Policy Director, Centre for Internet and Society, Bengaluru.

Kiran Jonnalagadda, co-founder of the Internet Freedom Foundation, agreed. “The idea is good but it should have been done in 2010, as now all the data is already out. Now, what can be done is revoke everybody’s Aadhaar and give new IDs.”

Mr. Jonnalagadda added that Authentication User Agencies (AUAs) categorised as ‘global AUAs’ by the UIDAI will be exempted from using the virtual IDs. “These are likely to be entities which require de-duplication for subsidy transfer, such as banks and government agencies. All the leaks have happened till now from these entities. So, basically, the move will exempt the parties that are the problem,” he said.

Vipin Nair, one of the advocates representing the petitioners who have challenged the Aadhaar Act in the Supreme Court said, “It is potentially a case of unmitigated chaos purely from an Information Technology perspective.”

For more details visit https://cis-india.org/internet-governance/news/hindu-yuthika-bhargava-january-11-2018-virtual-aadhaar-id-too-little-too-late

Violence call key to 'sedition'

praskrishna — 2016-02-28T03:06:47Z

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vimeo, DailyMotion, Pastebin Among Sites Blocked In India For 'Anti-India' Content From ISIS

praskrishna — 2015-01-02T16:43:20Z

The Indian government has convinced ISPs to block dozens of popular websites accused of hosting “anti-India” content posted by members of the Islamic State group, also known as ISIS or ISIL.

The story was published by IB Times on December 31. Pranesh Prakash is quoted.

GitHub, Pastebin, as well as the video sites Vimeo and DailyMotion were among those rendered inaccessible to many of India’s nearly 250 million Internet users.

The text repository Pastebin first tweeted on Dec. 19 that it had been blocked, confirming on Dec. 26 that the blockade was at the behest of India’s Department of Telecom. Pranesh Prakash, the policy director at the Center for Internet and Society in Bangalore, posted a list of the blocked sites Wednesday. Notice the list was issued Dec. 17.

Insane! Govt orders blocking of 32 websites including @internetarchive @vimeo @github @pastebin #censorship #FoEx pic.twitter.com/F75ngSGohJ

â€” Pranesh Prakash (@pranesh_prakash) December 31, 2014

Hours later Arvind Gupta, the national head of information technology at India’s Bharatiya Janata Party, confirmed on Twitter that a block had indeed been put in place. Other than referencing “ongoing investigations,” Gupta did not provide specific details on the type of threats being made.

The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. 1/2

â€” Arvind Gupta (@buzzindelhi) December 31, 2014

The sites that have removed objectionable content and/or cooperated with the on going investigations, are being unblocked. 2/2

â€” Arvind Gupta (@buzzindelhi) December 31, 2014

The move comes after it was discovered that the operator of a prominent pro-ISIS Twitter account was based in Bangalore. Mehdi Masroor Biswas, 24, was arrested earlier this month after a Channel 4 News investigation determined he was behind @ShamiWitness, an account with more than 17,700 followers and 2 million tweets seen each month.

Indian Prime Minister Narendra Modi unveiled the “Make in India” campaign earlier this year in an attempt to encourage international businesses to invest in India. The campaign specifically mentions information technology as a sector in which India wishes to improve.

For more details visit https://cis-india.org/internet-governance/news/ib-times-jeff-stone-december-31-2014-sites-blocked-in-india-for-anti-india-content-from-isis

Vimeo Ban: More Web Censorship

praskrishna — 2012-05-24T09:19:38Z

When Indian users logged on to Vimeo and some other video-sharing websites Thursday morning, they were greeted by a rather unusual message: "Access to this site has been blocked as per Court Orders."

This article by Preetika Rana published in the Wall Street Journal on May 18, 2012. Pranesh Prakash is quoted in it.

When Indian users logged on to Vimeo and some other video-sharing websites Thursday morning, they were greeted by a rather unusual message: "Access to this site has been blocked as per Court Orders."

The websites were blocked by private telecom operators following a ruling by Chennai’s High Court in March.

The story began when Chennai-based Copyrights Labs, a firm specializing in copyright infringement, petitioned the High Court to take pre-emptive action against people who might illegally upload two Tamil-language films: "3" and "Dammu."

The court ruled that Internet service providers, or ISPs, could block video-sharing sites where those films were illegally available.

The court named 15 prominent ISPs who were covered by the order.

But the court did not name any particular video-sharing websites to be taken down. And it remains unclear if any of those affected this week even carried the two films in question.

Two major Indian ISPs, Bharti Airtel and Reliance Communications, blocked content sharing websites including U.S.-based Vimeo and France-based Dailymotion and Pastebin.

They cited the court order as a reason but without proof the sites were carrying the movies. Other ISPs named in the court order did not attempt to block any websites.

The two telecom giants offered little further clarity on why these websites were blocked. “Access to certain sites has been blocked by Airtel pursuant to and in compliance with Court orders,” Bharti Airtel said in a statement.

Reliance Communication’s statement said: "Under Section 79 of the IT Act, an ISP has to adhere to any copyright infringement notice and court orders."

Responding to reports of the ban, Harish Ram, chief executive of Copyrights Labs said Thursday: "We have been fighting for this for long and it seems the ISPs are finally responding."

By Friday, the ISPs had restored services for Vimeo, Dailymotion and Pastebin, although some users still reported access problems.

It is still unclear why the March order came into effect only now or why Reliance and Airtel decied to unblock the websites. The telecom firms did not immediately respond to request for comment.

Experts attacked ISPs for clamping down on free speech on the web.

"Why and how did telecom giants target select websites," said Pranesh Prakash, a program manager at Bangalore based-Centre for Internet and Society, a non-profit group advocating free speech on the web. He pointed out that the High Court did not spell out the names of websites that should be blocked.

"Shutting websites merely on the basis of suspicion amounts to private crackdown on free speech of the web," he said. "Why didn’t the telecom ministry repeal or object to the move, knowing that the court didn’t spell out the websites to be blocked?"

Bhupendra Kainthola, a spokesman for the telecom ministry, noted that the "government or the telecom ministry had nothing to do with the high court ruling.” When asked why the ministry did not intervene, Mr. Kainthola responded: “What can we do? If an order has been passed, we have to follow it… that is the law of the land."

The move comes only a few months after the central government issued an official sanction to prosecute internet giants Facebook Inc. and Google Inc., alleging that they host "blasphemous" content on their websites. A criminal case against the two companies is ongoing.

For more details visit https://cis-india.org/news/vimeo-ban

Vijay Mallya cries foul after his Twitter and email accounts are hacked

praskrishna — 2016-12-10T13:50:25Z

The attackers said they were able to access over a gigabyte of data from Mallya's email.

The article by Alnoor Peermohamed was published in Business Standard on December 10, 2016. Sunil Abraham was quoted.

Liquor baron Vijay Mallya on Friday cried foul over his Twitter account being hacked by a group calling itself ‘Legion’. The group is believed to be the same as the one behind the hack of Congress vice-president Rahul Gandhi’s Twitter and e-mail servers last week.

Several tweets alleging that Mallya’s e-mail had been compromised and documents related to his offshore investments and bank accounts had been stolen were made from his official Twitter account in early on Friday.

“Outfit called Legion has hacked my e-mail accounts and are blackmailing me!! What a joke,” Mallya tweeted after seemingly taking back control of his account.

The attackers said they were able to access over a gigabyte of data from Mallya’s e-mail and shared a link for the public to gain access to it. They also tweeted the rest of the information on Mallya would be made public in the coming weeks, targeted at bringing him to justice for committing fraud.

The Twitteratti (the general public on the social networking platform), including several of Mallya’s 5.51 million followers, emerged in support of the hackers, who they proclaimed were working in the interest of the Indian people. Mallya has defaulted Rs 7,200 crores in loans and is being investigated for it.

“The e-mail hack is interesting because it’s the same global pattern. People are following Julian Assange’s advice — transparency should be directly proportional to power. What one really means is, public interest should be preserved,” says Sunil Abraham, executive director at Bengaluru-based Centre for Internet and Society.

While a lot of hacks continue to be carried out for monetary gain through extortion, several Internet vigilante groups have cropped up over the past decade, the most famous being WikiLeaks and more recently Anonymous. As India’s politicians, businessmen and the general public increasingly use technology and the Internet, they too are becoming targets for such hackers.

“If Mallya’s email account is hacked and all we get out of it is gossip, then it’s of no use. But if we as a nation ensure that the law is followed, or laws are improved, or corporate governance is evolved, all of that is positive impact of such an event. So hacktivists have to be very responsible when they do this, otherwise they spoil the name of whistleblowers and so on,” added Abraham.

Mallya is currently wanted by Indian law enforcement agencies and has a non-bailable warrant issued against his name by the court. He has currently exiled himself in the UK and refuses to travel to the country unless offered amnesty. While often denying any wrongdoing, the general public perception among Indians is that the billionaire playboy Mallya portrayed himself to be is guilty.

For more details visit https://cis-india.org/internet-governance/business-standard-alnoor-peermohamed-december-10-2016-vijay-mallya-cries-foul-after-his-twitter-and-email-accounts-are-hacked

VII NLSIR Symposium

praskrishna — 2014-01-09T07:08:33Z

The National Law School of India Review (NLSIR) - the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the seventh NLSIR Symposium on “Bridging the Security-Liberty Divide” scheduled to be held on December 21 and December 22, 2013 at the National Assessment and Accreditation Council (NAAC, opposite NLSIU Campus, Nagarhavi) Conference Hall, Bangalore.

This was published by NLSIR on December 20, 2013.

The decade following September 11 has been dubbed “liberty’s lost decade”, not just for the United States of America but for the world at large, marked by increasing tension between State interests in national security and individual liberty. As we continue to grapple with the implications of this clash, one clear winner seems to be emerging, best observed by examining changes in legal systems throughout this decade. The recent upsurge of criticism against NSA activity globally, however, could be seen as indicative of a changing trend. The VIIth NLSIR Symposium seeks to trace this dialogue between competing notions of security and liberty, and hopes to assess and analyse similar developments in India Confirmed speakers for the symposium include renowned legal experts such as Hon’ble Justice Muralidhar, Menaka Guruswamy, Mrinal Satish, Bharat Karnad, Aparna Chandra, Chinmayi Arun, Shyam Diwan, Bhairav Acharya, Roshni, Yug Mohit Chaudhary and Saikat Datta.

This year, the discussions will be divided into four panels:

Session I: Securing Liberty from the State - Redefining Criminal Thresholds in Law
(Forenoon, December 21, 2013, Saturday)

Session II: Intrusive Intelligence - Surveillance Programs and Privacy in India
(Afternoon, December 21, 2013, Saturday)

Session III: Beyond Borders - Extradition, Asylum and Concerns of State Security
(Forenoon, December 22, 2013, Sunday)

Session IV: Connecting the Dots
(Afternoon, December 22, 2013, Sunday)

For more details visit https://cis-india.org/news/nlsir-december-21-2013-nlsir-symposium

Views | Why the Left may for once be right

praskrishna — 2012-04-25T11:48:50Z

The article by Pramit Bhattacharya was published in LiveMint on April 23, 2012.

India’s information technology (IT) minister, Kapil Sibal appears to be running into rough weather over IT rules framed last year, which curb freedom of expression on the internet. The rules have incensed India’s growing blogging community and piqued at least a few of his fellow parliamentarians.

On the opening day of the upcoming parliamentary session on Tuesday, the Rajya Sabha is set to vote on an annulment motion against the IT rules, moved by P. Rajeeve of the Communist Party of India (Marxist), a rediff.com report said. Ironically, the party that still treats Stalin as a hero (quoting him unfailingly in its political resolutions) has become the first to stand up for internet freedom.
Rajeeve is of course not the only parliamentarian to take exception to the rules. Jayant Choudhry, a member of parliament (MP) from the Rashtriya Lok Dal, was the first to draw attention to the draconian rules late last year, and MPs from other regional parties such as the Samajwadi Party and the Asom Gana Parishad criticized the rules in a parliamentary discussion in December.

Two sets of rules, one governing cyber cafes and the other relating to intermediaries have attracted most criticism. The rules relating to intermediaries such as internet service providers, search engines or interactive websites such as Twitter and Facebook are the most disturbing. Intermediaries are required under the current rules to remove content that anyone objects to, within 36 hours of receiving the complaint, without allowing content creators any scope of defence.

The criteria for deciding objectionable content, laid down in the rules, are subjective and vague. For instance, intermediaries are mandated to remove among other things, ‘grossly harmful’ content, whatever that may mean.

This is a unique form of ‘private censorship’ that will endanger almost all online content. In this age of easily offended sensibilities, it is virtually impossible to write anything that does not “offend” anyone. For instance, even this piece may be termed ‘grossly harmful’ to the CPI(M) party.

However far-fetched this may sound, this has already become a reality. A researcher working with the Bangalore-based Centre for Internet and Society (CIS) tried out such a strategy with several different intermediaries, and was successful in six out of seven times, always with frivolous and flawed complaints, Pranesh Prakash of CIS wrote in a January blog-post. It has become much easier in India to ban an e-book than a book, Prakash pointed out.

The rules regulating cyber cafes are no better. Cyber cafes are required to keep a log detailing the identity of users and their internet usage, which has negative implications for privacy and personal safety of users, analysis of the rules by PRS legislative research said.

Internet freedom in India has declined over time and is only ‘partly free’, a 2011 report on internet freedom by US-based think tank, Freedom House said. India has joined a growing club of developing nations where, “internet freedom is increasingly undermined by legal harassment, opaque censorship procedures, or expanding surveillance,” the report noted.

The only saving grace is that some of the IT rules are drafted in a language so arcane that anyone will find it hard to decipher them, leave alone implementing them. Sample this: “The intermediary shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force: provided that the intermediary may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing the computer resource and information contained therein.”

The first task at hand for Sibal may be to explain to fellow lawmakers what the above rule is supposed to mean, before he defends such rules.

Click for the original, Pranesh Prakash is quoted in this article.

For more details visit https://cis-india.org/news/left-may-for-once-be-right

Vidushi Marda selected for Internet of Rights Fellowship

praskrishna — 2017-05-03T15:48:58Z

Article 19 had put out a call for applications for its Internet of Rights Fellowship in February 2017. Vidushi has been selected to be part of the 2017-2018 cohort.

This fellowship aims to "facilitate stronger considerations for human rights within Internet governance processes and to shape the human rights agenda for the Internet". As a Fellow, Vidushi will be primarily working on AI and ethics. The IEEE is developing a document on "Ethically Aligned Design: A Vision for Prioritizing Human Wellbeing with Artificial Intelligence and Autonomous Systems". The development process includes various committees, my work will focus on:

General Principles Committee: This Committee is currently deliberating on how to ensure that AI/AS can be designed and operated to respect human rights, and how to make AI/AS transparent, and accountable.
Law Committee: Working on the aspects of legal accountability and transparency, closely connected to ethics.
EPIC AI/AS Committee (new): Working on adoption of AI/AS in public services, and focussing on ethical principles guiding such adoption.

For more details visit https://cis-india.org/internet-governance/news/vidushi-marda-selected-for-internet-of-rights-fellowship

Vidhi Doshi - Fingerprint Payments Prompt Privacy Fears in India (The Guardian)

Vidhi Doshi — 2017-02-13T09:21:42Z

This article by Vidhi Doshi on the use of Aadhaar-based payments by private companies in India was published by The Guardian on February 09, 2017. Sumandro Chattapadhyay is quoted in the article.

Originally published by The Guardian.

For two years, Indian officials have been trawling the country, from city slums to unelectrified villages, zapping eyeballs, scanning fingerprints and taking photographs.

Last month, Indian shoppers started to see the results. With the launch of a government-backed fingerprint payment system, tied to India’s growing biometric data bank, registered citizens can – in theory at least – now pay for things with the touch of a finger.

India’s extraordinary biometric database, named Aadhaar after a Hindi word for ‘foundation’, is the biggest of its kind in the world. It was initially sold to the public as a welfare delivery mechanism that would ensure the country’s 1.25bn citizens were each receiving the right quantity of subsidised rice or cooking fuel, while weeding out fraudsters.

But now this pool of more than a billion people’s biometric data is being used by banks, credit checking firms and other private companies to identify customers, raising questions about privacy and security.

As one of his flagship policies, prime minister Narendra Modi pledged to create a “digital India” in which the country’s cash-centric economy would switch to credit and debit cards, squeezing the parallel economy of untaxed cash transactions and giving more citizens access to digital financial services.

In a surprise television announcement last November, Modi announced the demonetisation of 500 and 1,000 rupee notes (around £6 and £12), wiping out 85% of the country’s circulating currency overnight.

Two days later, when the banks reopened, long queues snaked around almost every branch, with millions lining up to open bank accounts for the first time. Many used their 12-digit Aadhaar number, linked to their biometric profile, to sign up. Within three weeks, 3m bank accounts had been opened using fingerprint verification, according to estimates.

The moment marked a radical change for India’s banking system, under which applicants were traditionally required to file photocopies of passports or voter IDs. Banks could take weeks, sometimes months, to verify them. Now applicants’ encrypted biometric data can be sent to the Unique Identification Authority of India (UIDAI), a government agency, to be matched against their Aadhaar data, re-encrypted and sent back to the bank.

Despite technical teething problems, the system is designed to allow very fast authorisation. “All this happens in a matter or two or three seconds,” explains Ajay Bhushan Pandey, UIDAI’s director general.

For Pandey, the benefits are clear: paper documents are easy to forge and hard to verify, especially in India where until recently thousands of people still used handwritten passports. Not so biometric data.

Privacy fears

Pandey emphasises that private banks and companies aren’t able to access the entire Aadhaar database, only to use the government interface, which allows them to verify identities.

Nonetheless, many Indians are worried about the privacy implications. Sumandro Chattapadhyay, a director at the Centre for Internet and Society thinktank, is one of them.

For starters, says Chattapadhyay, the law governing use of the biometric database, fast-tracked through parliament last year, is flimsy when it comes to the private sector. Since India lacks a general privacy or data protection law, this leaves corporate use of Aadhaar services effectively unregulated, he says.

This is particularly worrying, says Chattapadhyay, because of the data-sharing possibilities opened up by Aadhaar. It makes it easier for companies not only to share information on individuals’ consumption and mobility habits, but also to link this data up with public records like the electoral register, he says. “Both lead to significant threats to privacy of individuals.”

Chattapadhyay’s fear is that private companies could eventually gain access to government-held personal data, such as income or medical records, while the government could use company data like phone records to target specific individuals in political campaigns.

Already companies are linking Aadhaar numbers with collected metadata. Credit-checking startup CreditVidya, for example, identifies clients using their biometric ID in combination with their internet browsing history and other data, to assign credit scores for users who have no record of loan repayments. Banks then store this processed metadata, for example whether or not someone’s Facebook name is consistent with the name on their bank account.

Its founder Abhishek Agarwal admits there are risks for users: “[I]f someone managed to hack the bank’s security system, as well as the Aadhaar database, they could potentially be able to link your Facebook or LinkedIn data with your biometric information.” But he says this would be hard to do.

Pandey insists the companies are carefully vetted before they can use Aadhaar authentication. But, like Agarwal, he acknowledges the system can never be 100% secure: ““I wouldn’t say it is impossible to break the system, but it is very, very difficult.”

For more details visit https://cis-india.org/internet-governance/news/vidhi-doshi-fingerprint-payments-prompt-privacy-fears-in-india-the-guardian

Video Surveillance and Its Impact on the Right to Privacy

Vaishnavi Chillakuru — 2011-09-29T05:35:56Z

The need for video surveillance has grown in this technologically driven era as a mode of law enforcement. Video Surveillance is very useful to governments and law enforcement to maintain social control, recognize and monitor threats, and prevent/investigate criminal activity. In this regard it is pertinent to highlight that not only are governments using this system, but residential communities in certain areas are also using this system to create a safer environment.

However, this move is fundamentally opposed by many civil rights and privacy groups across different jurisdictions and have expressed concern that by allowing continual increases in government surveillance of citizens that we will end up in a mass surveillance society, with extremely limited, or non-existent political and/or personal freedoms.

European Union

The Data Protection Directive [1]of 1995, a Directive was issued by the European Union (EU) to regulate the processing and free movement of personal data. In pursuance with this Directive, every country of the EU passed a legislation to govern the protection of personal data. In this regard, the United Kingdom (UK) enacted the Data Protection Act (DPA) in 1998 and the same was brought into force in the year 2001.

The DPA sets forth eight, Data Protection Principles (DPP)[2] to protect personal data in the public sphere. Although video surveillance has not been explicitly referred to in the legislation, the definition given by the DPA is broad enough to encompass it. The application of these principles to video surveillance has been made explicit through the publication of the CCTV Code of Practice (CoP) by the information commissioner. The CoP does not apply to surveillance cameras used for household purposes. Images captured for recreational purposes with a camera, video recorder, etc., are also exempt. The main features of the CoP have been summarized below:

It is important to ascertain who has the responsibility for the control of the images i.e., deciding what is to be recorded, how the images should be used and to whom they may be disclosed. The body which makes these decisions is called the data controller and is responsible for the compliance with the DPA. The body has to notify the information commissioner as to who the data controller is.
An impact assessment should be done to evaluate the scheme’s impact on the privacy rights of the public. While conducting such an assessment, the data controller should take into account what benefits can be gained, whether better solutions exist, and what effect it may have on individuals. The results of the assessment should be used to determine whether video surveillance is justified and if so, how it should be operated.
The camera equipment should be chosen so as to fulfill the purposes for which the surveillance is being carried out. They should have the necessary technical specification so that the images are of appropriate quality. The camera should be positioned in such a way that only those areas which are intended to be the subject of surveillance are covered.
Viewing of live feed must be restricted to authorized personnel only. The data controller should try and protect the images from public view. Disclosure of recorded images should also be controlled and limited to the purpose for which the surveillance was set up. All other requests for viewing images should be considered carefully and balanced against the privacy rights of other individuals who may be affected by the disclosure of the images.
The DPA does not prescribe any minimum or maximum period of retention. It should be ascertained keeping in mind the purpose for which the surveillance system was set up. However, the images should not be kept for longer than is strictly necessary.
There should be prominently placed signs to let people know that they are in an area which is under video surveillance. This can be supplemented by an audio announcement in places where public announcements are already being used, such as in stations. Systems in public spaces and shopping centres should have signs giving the name and contact details of the company, organisation or authority responsible.
Staff operating the system needs to be aware of the rights of the individual under the DPA.

Canada

Canada has two federal laws which deal with privacy — the Privacy Act, 1985 and the Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA). The former protects privacy rights by limiting the collection, use and disclosure of personal information by the federal government departments and agencies whereas the latter deals with the collection, use and disclosure of personal information by private sector organizations. In addition to these two legislations, every province or territory has their own privacy legislations.

A privacy commissioner is appointed to receive and investigate complaints filed by Canadian citizens pertaining to allegations of violation of the Acts. They also conduct research into privacy issues and promote awareness. The privacy commissioner reports directly to the House of Commons and the Senate. Every province or territory may also have its own commissioner or ombudsman authorized to investigate complaints. The Office of the Privacy Commissioner of Canada (OPC) published two sets of guidelines in order to define and circumscribe the use of video surveillance and ensure that the impact on privacy is minimized.

The first set of guidelines is meant to guide the regulation of video surveillance (by law enforcement agencies) in public spaces i.e., in places where there is free and unrestricted access to everyone. These guidelines were drawn up after extensive discussions between the OPC and the Royal Canadian Mount Police (RCMP). However, these guidelines are to be considered merely as an aid and notwithstanding anything stated in the guidelines, the RCMP has the right to carry out its functions as it deems fit. Some of the important pointers are[3]

Video surveillance should only be used to address a "real and pressing problem" which is of sufficient in magnitude so as to warrant the overriding of the privacy rights of citizens. Hence, there should be "real and verifiable" instances of crime or concern for public safety.
Video surveillance should be conducted only as a last resort i.e., in circumstances where there in no other less privacy-intrusive alternative.
A "privacy impact assessment" should be conducted beforehand to assess the degree of interference that will result due to the video surveillance.
Relevant stakeholders (for example, members of the communities that will be affected by the surveillance systems) should be considered before arriving at a decision.
Video surveillance must comply with all applicable laws including over arching laws such as the Canadian Charter of Rights and Freedoms.
The video surveillance should be conducted in such a way that impact on the privacy rights of citizens is minimized. For example, limited use of video surveillance (e.g., for limited periods of day, public festivals, peak periods) should be preferred to be always on surveillance if it will achieve substantially the same result.
The public should be informed that they are under surveillance. Clear signs should be put up mentioning the perimeter of the surveillance areas, the person responsible for surveillance and his contact details in case of any queries.
Security of the equipment and images should be assured.
People whose images are recorded should be able to request access to their recorded personal information.

The second set of guidelines is with respect to video surveillance in private sector organizations. These guidelines apply to overt video surveillance of the public by private sector organizations in publicly accessible areas. They do not apply to covert video surveillance nor do they apply to the surveillance of employees.

"Determine whether a less privacy-invasive alternative to video surveillance would meet your needs.
Establish the business reason for conducting video surveillance and use video surveillance only for that reason.
Develop a policy on the use of video surveillance.
Limit the use and viewing range of cameras as much as possible.
Inform the public that video surveillance is taking place.
Store any recorded images in a secure location, with limited access, and destroy them when they are no longer required for business purposes.
Be ready to answer questions from the public. Individuals have the right to know who is watching them and why, what information is being captured, and what is being done with recorded images.
Give individuals access to information about themselves. This includes video images.
Educate camera operators on the obligation to protect the privacy of individuals.
Periodically evaluate the need for video surveillance."

United States of America

Statutory laws governing the regulation of video surveillance in America are scarce. While there are some state laws which regulate aspects of public video surveillance, there are virtually no federal laws which directly deal with it. However, video surveillance implicates certain constitutional doctrines — especially the first and the fourth amendments. Although it cannot be denied that the liberties enshrined by these amendments can be severely affected by continuous surveillance, so far, the American courts and jurisprudence on the subject have been very permissive.

Another important directive is the "Fair Information Practices" (FIP) originating from the recommendations written by the United States Government which provide certain rights to individuals with respect to the use and dissemination of personal information. Although these guidelines do not have the force of law, they can prove to be a valuable guide for the treatment of any government-held record containing personally identifiable information. The rights of individuals listed by the FIP, in their most basic form, have been given below:[4]

"Notice and awareness of the purpose of data collection, and how such information is used;
Consent to the collection of personal information, and choice concerning how it is used;
Access to and participation in the process of data collection and use, including the right to correct errors;
Integrity and security adequate to protect the information against loss or misuse; and
Redress and accountability for injury resulting from loss or misuse of personal information."

Also, the American Bar Association, in 1999, published standards for technologically-assisted physical surveillance, including video surveillance. Some of the key points of these guidelines are given below:

While regulating the use of video surveillance for law enforcement purposes, certain factors should be kept in mind. For example, the nature of the law enforcement objective or objectives sought to be achieved, the extent to which the surveillance will achieve the law enforcement objectives, the nature and extent of the crime involved, etc.
The extent to which the surveillance invades privacy should be assessed. While conducting such an assessment, care should be taken to enhance the privacy of the location under surveillance by taking into consideration the nature of the place, activity, condition, or location.
Alternate measures should be preferred over video surveillance in order to maintain a balance between the right to privacy and the need for surveillance.
Notice of the surveillance should be given when appropriate.
The scope of the surveillance should be limited to its authorized objectives and be terminated when those objectives are achieved.

Australia

Neither the Australian Federal Constitution nor the Constitutions of the six states and two territories contain any express provisions relating to privacy. However, there are several state and federal privacy laws governing specific sectors and aspects. The primary federal statute is the Privacy Act of 1988 (PA). This statute was enacted in a bid to give effect to Australia's commitment to the International Covenant on Civil and Political Rights and the Organization for Economic Cooperation and Development (OECD). There are four key areas of application of the Act out of which only two are relevant in the context of video surveillance. The first is the eleven Information Privacy Principles (IPPs), based on the OECD Guidelines. These principles are applicable to federal government agencies. The second is the National Privacy Principles (NPP) which regulates private sector organizations. However, private organizations can set forth their own "code of practice" and get it approved by the privacy commissioner as long as it does not go against the broad framework laid down by the NPPs.

Apart from the PA, each state or territory may have its own laws or practices regarding video surveillance. For instance, covert video surveillance in New South Wales is governed by the Workplace Video Surveillance Act, 1998. The Government of New South Wales also published a report on CCTV in public places. Similarly, Victoria is governed by the Surveillance Devices Act, 1999 and Western Australia by the Surveillance Devices Act, 1998. However, South Australia, Tasmania, Northern Territory and Australian Capital Region have no legislation dealing with the use of video surveillance.

Japan

The Constitution of Japan does not contain any express provisions guaranteeing the right to privacy. Till 2003, even statutory law in the field of data protection was non-existent and the government followed a policy of self regulation. It was only in 2003 that the Japanese Parliament enacted the Protection of Personal Information Act. The law underlying privacy in Japan[6] protects only personal information that is obtained and held by administrative agencies, private agencies. It seeks to set forth penal provisions in order to curb leakage of personal information by the government. The subsequent amendments to this Act have widened its scope to cover data that is paper based as well as computerized. Therefore, it can be said that the instant legislation is broad enough to encompass video surveillance data as well.

In this regard it is set forth that there exists no consolidated law to govern video-surveillance systems. Nevertheless, Japan uses video surveillance systems in order to assist the law enforcement agencies. The National Police Agency uses a video surveillance system called the "N system"[7] in order to record license plate numbers of vehicles on roads, highways, etc. This facilitates effective and efficacious law enforcement in Japan. Furthermore, Tokyo police have been operating surveillance cameras on utility poles and buildings to monitor pedestrians in the several densely populated districts of the city.[8] However, this mechanism has been challenged severely by litigants and many privacy groups in the court of law.

Conclusion

We have now moved into an age where security seems to be the primary issue for most countries and their citizens. Video surveillance is increasingly being used to assuage the fears of the citizens and bring perpetrators to justice. In such a scenario, the issue of privacy rights of individuals seems to have taken a backseat. While some countries such as Canada and Britain have attempted to strike a balance between the need for surveillance and the privacy rights of the people, other countries such as the United States of America and Japan do not seem to have made much progress in terms of creating video surveillance norms or regulations to protect the privacy rights of citizens.

Considering the pressing need for video surveillance to address national security issues, India surprisingly has no laws on the same. In this regard, India needs to draw from the experience of the United Kingdom and Canada. The first step is to enact laws permitting video surveillance.

These laws should be tightly worded and strictly connoted, considering the encroachment on civil liberties. Further, in order to balance security with privacy, the next step is to create an office for the information commissioner. It should be created and powers should be conferred to ensure that the privacy related disputes are handled efficiently and expeditiously. Furthermore, the misuse of the powers conferred upon surveillance authorities should be deterred by giving further powers to the commissioner to impose pecuniary liability.

Bibliography

European Union

Canada

United States of America:

Australia:

Japan

https://www.privacyinternational.org/article/phr2006-japan#[45]

Notes

[1]Directive 95/46/EC.

[2]See http://www.ico.gov.uk/for_organisations/data_protection/the_guide/the_principles.aspx (eight data protection principles)

[3]Full guidelines: http://www.priv.gc.ca/information/guide/vs_060301_e.cfm.

[4]Full guidelines: http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_taps_blk.html#9.

[5]http://www.proactivestrategies.com.au/library/Loss%20Prevention/Video%20Surveillance%20National%20article.PDF.

[6]This law extends to private businesses, government organizations and independent administrative agencies.

[7]540 locations on expressways and major highways throughout the country; it automatically records the license plate number of every passing car.

[8]This regime has also been litigated upon thoroughly with lawyers claiming the same to be unconstitutional.

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

Video Games: A Case Study of a Cross-cultural Video Collaboration

Larissa Hjorth and Nishant Shah — 2014-01-31T12:02:17Z

A new book focusing on Palestinian artists’ video, edited by Bashir Makhoul and published by Palestinian Art Court- al Hoash, 2013, includes a chapter co-authored by Larissa Hjorth and Nishant Shah.

This was published in a book on Palestinian art.

The rise of mobile media is heralding new forms of networked visualities. These visualities see place, politics and images entangled in new ways: what can be called ‘emplaced visuality’. In the images disseminated globally of citizen uprising such as the Arab Spring, it was mobile phones that provided the frame and context for new forms of networked visual politics. In the growth in networked photo apps such as Instagram and Hipstamic, how, when and why we are representing a relationship between place and co-presence is changing. No longer the poorer cousin to professional cameras, camera phones have lead the rise of do-it-yourself (DIY) aesthetics flooding mainstream and subcultural media cultures. In networked visuality contexts such as YouTube and Flickr, the aesthetic of what Burgess has called ‘vernacular creativity’[1] has become all-pervasive—so much so that even mainstream media borrows the DIY style.

Now, with locative media added into the equation, these visualities are not only networked but also emplaced—that is, entangled within the temporal and spatial movements of everyday life.[2]

Emplaced visualities represent a new relationship between place (as a series of what Doreen Massey calls ‘stories so far’)[3] co-presence, subjectivity and visuality. This phenomenon is impacting upon video art. In this chapter we reflect upon how mobile media visualities are impacting upon a sense of place and displacement. With the added dimension of Big Data and location-based services (like Google Maps and Facebook Places) now becoming part of the everyday informational circuits, how a sense of place and privacy is experienced and represented is changing. This phenomenon is apparent in the Palestinian cross-cultural video project called Al Jaar Qabla al Daar (The Neighbour before the House) as we will discuss in detail later in this chapter.

With its history of displacement and disapora, Palestinine’s role in contemporary art is increasingly becoming pivotal. This is especially the case with video art as a key medium for reflecting upon representations of place and movement. When we think of Palestinan video art the first artist we think of is Mona Hatoum. Hatoum was a poineer in so many ways. In particular, she gave voice to Arab women. Her work unsetttled the poetics of the everyday by evoking a sense of displacement and entanglement. While born in Beirut of Palestinan parents and then moving to London, she never identified as Lebanese. Despite never living in Palestinian, Hatoum was like a number of Palestinian refugees in Lebanon post 1948 who were never able to gain Lebanese identity cards. Unsurprisingly, Hatoum’s experiences of exile permulate her work. In particular, exile, politics and the body have played a key role. This is epitomised in her iconic Measures of Distance (1988) whereby Hatoum superimposes images of her mother having a shower with letters by her mum written in Arabian.

However, Hatoum is not the only artist representing the oevre of Palestinian video art. Over the last two decades—with the rise of mobile media affording easy accessibility to new media tools and networked contexts like YouTube—a new breed of video artists has arisen. An example is Navigations: Palestinian Video Art, 1988 to 2011 (curated as part of the Palestine Film Festival) that explored artists working in Palestine and the diaspora over nearly a quarter of a century. Unsurprisingly, motifs of diaspora and displacement feature throughout the fifteen works by Hatoum, Taysir Batniji, Manar Zoabi, Larissa Sansour and Khaled Jarrar to name a few. In Navigations: Palestinian Video Art key themes include ‘mobility and fluidity: the virtual and the real, the past and the future, the spectacular and the quotidian, the near and the far’.

Another example of an event promoting Palestinian video art is the /si:n/ Festival of Video Art & Performance. Consisting of performances, video installations, lectures, talks, and workshops in various venues all over the West Bank and includes artists from all over the world. The name /si:n/ is meant to linked the words ‘scene’ with ‘seen’ and has been seen as making an innovative context for video artists to share and collaborate in public venue. With themes such as ‘poetical revolution comes before political revolution’, the /si:n/ Festival provides a context that reflects upon exile and place in one of the most contested and politucal spaces, the West Bank. Beginning in 2009, the /si:n/ Festival became the first festival of video art in Palestine.

Given this rich tapestry of video art emerging in Palestine, in this chapter we explore the relationship between emergent mobile visualities, diaspora and place through a specific project called The Neighbour before the House. A cross-cultural video collaboration between Indian artists Shaina Anand, Ashok Sukumaran and Nida Ghouse, with Palestinian and Israeli artists Mahmoud Jiddah, Shereen Brakat and Mahasen Nasser-Eldin, The Neighbour before the House is a video art project that explores quotidian practices of life in a ‘post-surveillance society’. The Neighbour before the House is set in the context of the much contested territories and the relentless re-occupation and re-appropriation of East Jerusalem. Working with cheap surveillance technologies which have become such a ubiquitous part of the landscape of East Jerusalem, the artists use a PTZ (pan-tilt-zoom) security camera to inquire into the affective dimensions of ‘mobile’ life in the time of turbulent politics. The images that they capture look at jest, memory, desire and doubt, as fragile conditions of trust and life shape the everyday experiences of the region. The camera is given to the residents of a neighbourhood torn asunder by political strife and conflicts, asking them to search for the nugget of truth or morsel of thickness in the otherwise familiar flatness of walls and closed doors, which have been completely depleted of all depth because of the increased distance in the social relations.

The images eschew the tropes of traditional documentary making by and adopting the grainy, lo-res, digital non-frame, DIY aesthetics constantly in search of an image that might become the site of meaning making, but increasingly only capturing the mundane, the inane, the opaque and the evanescent. The image leads the commentary. The live camera operator’s interest and experience shape the image, rendering the familiar or the insignificant as hugely affective and evocative. The project further initiates a dialogue between the neighbours—both from across the contested zones, but also from across picket fences and walls of surveillance—by introducing the images to them, by inviting them to capture the images, and instil in them, the narratives of hope, despair, nostalgia, memory, loss, love, and longing.

The Neighbour before the House reflects upon the relationship between between art, technologies of visual reproduction and political strife. Moving away from the documentary style that has been popular in capturing the ‘real’, The Neighbour before the House refigures the temporality and spatiality through new affective and metaphorical tropes, playing with the tension between the presence of surveillance technologies and the familiarity of these images that breeds new conditions of life and living, trust and belonging, safety and threat, for people in Palestine. In the process, it introduces key questions to the role of the artist, the function of art, the form of video art practice, and the new negotiations that digital video apparatus introduce to the art worlds, beyond the now main-stream ideas of morphing, digitization, remixing etc.

Moreover, The Neighbour before the House reflects upon a shift away from the dominant network society paradigm and towards more contingent and ambivalent mirconarratives of camera phone practices. It toys with the DIY ‘banality’ aesthetics of camera phones in order to consider the ways in which place is overlaid with different types of information—electronic, geographic, psychological and metaphoric. On the one hand, The Neighbour before the House evokes network society metaphors. On the other hand, it suggests a move away from this paradigm and towards a politics of both ‘emplaced’ and displaced visuality. In order to discuss this transformation of the relationship between image, place and information from network society metaphors towards ‘emplaced’ visualities we firstly describe The Neighbour before the House before then reflecting upon a few key themes the project explores: that is, the movement of the networked society to emplaced visualities and the rise of the politics of the phoneur.

The Neighbour before the House 2012): A case study

As aforementioned, The Neighbor before the House is a collaborative video project between Indian, Israeli and Palestenian artists that appropriates, critically responds and insightfully rearranges the notion of art, politics and digital video technologies in its exploration of everyday practices of life in critical times in a networked post-surveillance society. The Neighbor before the House equips eight Palestenian families from East Jerusalem to be in control of PTZ (Pan Tilt Zoom) surveillance cameras mounted at strategic locations in the city, to observe the live feed on their TV sets, recording their reactions and live commentaries at what they see. Here the Big Brother, and its contemporary Big Data, is inverted through everyday citizens being given the omnipresent eye. It plays on the idea of the neighbour being both a friendly eye and when this watching shifts from being benevolent to malevolent.

As the artists write, ‘this footage shot with a security camera, takes us beyond the instrumental aspects of surveillance imaging, introducing us to the architecture of a deliberate and accelerated occupation of a city.’ Here the city is rendered into a cartography of informational circuits. Exploiting the conditions of networked spectacle, the project attempts to remap the real and the everyday through ‘inquisitiveness, jest, memory, fear, desire and doubt’. They use the surveillance cameras—symbols of suspicion and fear—to catalyse stories from Palestenians in different neighbourhoods about what can be seen: ‘messianic archeological digs; Israeli settlement activities; takeovers of Palestenian properties; the Old City, the Wall and the West Bank,’ among other mundane and marvellous details of living life in those precarious conditions.

Through the inversion of the politics of survellience from the Big Brother to the ubiquitous neighbour, The Neighbor before the House provides a rich, evocative and non-representational history of living in East Jerusalem. The networked media spectacles which have come to stand-in for the complex geo-political struggles of the region are displaced. As the low-res cameras reduce the deep geography into an alien flatness on the TV screens, as the camera captures glimpses of what could have been, records traces of blurred movements which require discussions and debates about their possible meaning, and engages the families to communicate their hopes, fears, desires and doubts, the art project also signals us to the new forms, functions and role of video art. Rather than the media event or spectacle,
The Neighbor before the House provides the micronarrative gestures of the everyday. The ways in which the place is a tapestery of subjectivities and experiences, not just a media spectacle.

As artist Shaina Anand mentions in an interview with Shah, this is a new kind of storytelling, where,

… a lot of the practice actually removes the filmmaker, the director, the auteur, and also therefore the cameraman, and also the lens... and offers these possibilities and privileges— of this look and gaze and all—to the subjects themselves[4]

And as the lens makes itself invisible, it also gives new importance to the apparatus of surveillance, seeing and its incorporation in our lives. As Florian Schenider mentions in the introduction to the project, the house upon which the camera is mounted, itself becomes a tripod made of stones. Instead of thinking of the video apparatus as out there, the private conditions of the home, the histories of the family, their relationships with neighbours and communities that they have lost, and strangers that they have inherited, all become the defining circumstances of this new crisis.

Borrowing from a Quranic saying, Al Jaar Qabla Al Daar, which is close to the idea of ‘loving they neighbour’ it explores how the presence of new digital video technologies establishes difference, distance, alienation, proximity, curiosity and surveillance which is not merely a function of governmental structures but also a condition of gamification and everyday engagement for the families in East Jerusalem. For the artists, this also takes up another connotation of ‘checking out your neighbour before you buy the house’ suggesting establishing bounded similarities to seek comfort. The edited footage of the video shows how and when the users got in control of the keyboard and a joy-stick, panning, tilting and zooming the camera, watching the live feeds on their Television sets as they speak live over the footage. These commentaries are personal as they are affective. Sometimes the commentary leads the person to probe the image, deeper, trying to find a meaning that can no longer be supported by the hyper-pixelated image on their screen, but becoming a site through which memories and interpretations

get generated. What begins as a playful probe soon takes up sinister shades, as some generate narratives of loss and death. Others take the opportunity to spy on the new settlers who have sometimes taken over their older houses, wondering what changes they are making to what was their own. There is a sense of rawness and urgency, as they look back, with fear, and anger, but also with resignation at the houses that they were evicted from, and the semblance of life that they can spot from their remote presence.

The final 5 cuts that the artist produce, give us a deep and evocative insight into geography, temporality, and the ways in which we can re-appropriate the network spectacle to look at things that are often forgotten, dropped out of, or rendered invisible in the neat and clean lines of network models and diagrams. The ‘footage’ quality of the probes, the long dwellings on insignificant images, and the panoptican nature of video as witness, video as spy, and video as affective engagement with territories and times that are lost, all give a new idea of what the future of video art would be like. Instead of looking at a tired old Foucauldian critique of surveillance, The Neighbor before the House posits the question of ‘Who watches the watchman?’ in ways that are both startling and assuring.

Visualising the Politics of the Network

One of the key themes of The Neighbour before the House is the changing role of the network society—especially in an age of Big Data and locative-based services (LBS)—whereby privacy and surveillance come to the forefront. The network society has often been cited as one of the defining frameworks of our heavily mediated times. From theorists such as Barry Wellman and Manuel Castells, the network metaphor has burgeoned in parallel with the all-pervasive rise of Information and Communication Technologies (ICTs) globally. According to Lee Raine and Wellman in Networked, the ‘new social operating systems of networked individualism liberates us from the restrictions of tightly knit groups.’[5]

Raine and Wellman argue that there has been a ‘triple revolution’: the rise of social networking, the capacity of the internet to empower individuals, and the always-on connectivity of mobile devices’.[6]

The ability of networks to explain a range of human personal and social relationships has afforded it great explanatory power, where everything (and hence, by association, everybody) can be understood and explained by the indexicalities and visual cartographies that networks produce. The network is simultaneously, and without any sense of irony, committed to both, examining sketchiness and producing clarity of any phenomena or relationality. The network presumes an externality which can be rich, chaotic and complex and proposes tools and models through which that diverse and discrete reality can be rendered intelligible by producing visualisations.

These visualisations are artefacts—in as much as all mapping exercises produce artefacts—and operate under the presumption of a benignity devoid of political interventions or intentions. The visualisations are non-representational, in terms that they do not seek to reproduce reality but actually understand it, and thereby shaping the lenses and tools to unravel the real nature of the Real. In this function, the network visualisations are akin to art, attaining symbolic value and attempting to decode a depth that the network itself defies and disowns, simulating conditions of knowing and exploring, emerging as surrogate structures that stand in for the real. Thus the rich set of actions, emotions, impulses, traces, inspirations, catalysts, memories, etc. get reified as transactions which can be sorted in indices, arranged in databases, and presented as an abstract, symbolic and hyper-visual reality which can now be consumed, accessed and archived within the network, thus obfuscating the reality that it was premised upon.

This phenomenon is what Shah calls the spectacle imperative of the network. Especially with the proliferation of ubiquitous image and video recording digital devices, this ability to create subjective, multiple, fractured spectacles that feed into the network’s own understanding of itself (rather than an engagement with a reality outside) has become the dominant aesthetic that travels from Reality TV programming to user generated content production on video distribution channels on the internet. This networked spectacle, without a single auteur or a concentrated intention—so the videos from the Arab Spring on YouTube, for example, range from small babies in prams to women forming barricades against a marching army, and from people giving out free food and water to acts of vandalism and petty thefts—has become the new aesthetic of video interaction, consumption and circulation. It invites an engagement, divesting our energies and attentions from the physical and the political, to the aesthetic and the discursive. Which is to say that when we consume these spectacles (or indeed, produce them, not necessarily only through the images but also through texts), we produce a parallel universe that demands that we understand the world ‘out there’ through these cultural artefacts which require an immense amount of decoding and meaning making. The network, in its turn, offers us better and more exhaustive tools of mining and sifting through this information, sorting and arranging it, curating and managing it, so that we build more efficient networks without essentially contributing to the on-the-ground action.

This peculiar self-sustaining selfish nature of the network, to become the only reality, under the guise of attempting to explain reality, is perhaps the most evident in times and geographies of crises. Where (and when) the conditions of politics, circumstances of everyday survival, and the algebra of quotidian life becomes too precarious, too wearisome, too unimaginable to cope with, the network spectacle appears as both the tool for governance as well as the site of protest. Hence, the same technologies are often used by people on different sides of the crises, to form negotiations and get a sense of control, on a reality that is quickly eluding their lived experiences. Surveillance cameras storing an incredible amount of visual data, forming banal narratives of the everyday, appear in critical times and geographies as symbols of control and containment, by authorities that seek to establish their sovereignty over unpredictable zones of public life and dwelling. The gaze of the authority is often criss-crossed by the cell-phone, the webcam, the tiny recording devices of everyday life that people on the streets and in their houses use, to record the nothingness of the crisis, the assurance of normalcy and the need to look over the shoulder and beyond the house, to know that whether or not god is in the heavens, all is well with the world.

The Place of the Visual: Towards a theory of emplaced visuality

However, with the rise of mobile media and its micronarrative capacity, the politics of network, and its relationship to a sense of place changes. Far from eroding a sense of place in the growing unboundness of home, mobile technologies reinforce the significance locality.[7] Mobile media also signal a move away from earlier depictions of the network society. Through the growth in camera phone practices overlaid with location-based services, we see new forms of visuality that reflect changing relations between place and information. With the rise of technologies in an increasingly mobile—physically and technologically—place has become progressively more contested. As Rowan Wilken and Gerard Goggin note in Mobile Technologies and Place, place is one of the most contested, ambiguous and complex terms today.[8] Viewing it as unbounded and relational, Wilken and Goggin observe, ‘place can be understood as all-pervasive in the way that it informs and shapes everyday lived experience—including how it is filtered and experienced via the use of mobile technologies’.[9] As social geographer Doreen Massey notes, maps provide little understanding into the complex elusiveness of place as a collection of ‘stories-so-far’:

One way of seeing ‘places’ is as on the surface of maps… But to escape from an imagination of space as surface is to abandon also that view of place. If space is rather a simultaneity of stories-so-far, then places are collections of those stories, articulations within the wider power-geometries of space. Their character will be a product of these intersections within that wider setting, and of what is made of them… And, too, of the non-meetings-up, the disconnections and the relations not established, the exclusions. All this contributes to the specificity of place.[10]

For anthropologist Sarah Pink, place is increasingly being mapped by practices of emplacement.[11] With location based media like Google Maps and geotagging becoming progressively part of everyday media practice, how place is imagined and experienced across geographic, psychological, online and offline spaces is changing. This impacts upon the role of ethnography and its relationship to geography and place. As Anne Beaulieu notes, ethnography has moved from co-location to co-presence.[12] In this shift, we see the role of ethnography to address the complex negotiations between online and offline spaces growing.

In The Neighbour before the House, we are made to consider the changing role of visuality in how place is experienced and practiced. By deploying a surveillant and multivalent gaze, The Neighbour before the House asks us to reconsider privacy and surviellance in an age of locative media. The rise of the network society has witnessed numerous tensions and ambivalence, especially around the the relationship between agency, information and place. This is epitomised by the second generation camera phones practices whereby with the added layer of LBS—where and when images were taken—becomes automatic by default. Whereas first generation of camera phone practices noted gendered differences.[13] through LBS, these differences take on new dimensions—particularly in terms of its potential ‘stalker’ elements.[14] While notions of privacy differ subject to socio-cultural context, LBS do provide more details about users and thus allow them to be victims of stalking (Cincotta, Ashford, & Michael 2011).

The shift towards second generation camera phone images sees a movement away from networked towards emplaced visualities (Pink & Hjorth 2012; Hjorth 2013; Hjorth & Arnold 2013). On the one hand, this overlaying of the geographic with the social highlights that place has always mattered to mobile media (Ito 2002; Hjorth 2005). Far from eroding place, mobile media amplify the complexities of place as something lived and imagined, geographic and yet psychological. LBS enable mobile media users to create and convey more complex details about a locality. On the other hand, LBS create new motivations for narrating a sense of place and the role of amateur and vernacular photography.

Shifts in contemporary amateur photography highlight the changes in how place, co-presence and information is navigated, performed and represented. This issues are particularly prevalent in contested location like Palestine. Last century it was the Kodak camera that epitomized amateur photography and played an important role in normalizing notions of the family as well as ritualizing events such as holidays.[15]

As Lisa Gye notes, personal photography is central to the process of identity formation and memorialization.[16] The shift towards camera phones not only changes how we capture, store, and disseminate images but also has ‘important repercussions for how we understand who we are and how we remember the past’.[17]

Moreover, with the rise in possibilities for sharing via social media like microblogs and Twitter, camera phone photography not only magnifies UCC, but also provides filters and lenses to enhance the “professional” and “artistic” dimensions of the photographic experience.[18]

For Daniel Palmer, smartphone photography is distinctive in various ways, with one key feature being the relationship between touch and the image in what he calls an ”embodied visual intimacy” (2012: 88). With the rise of high quality camera phones, along with the growth in distribution services via social and locative media, new forms of visuality are emerging (Pink & Hjorth 2012). The added dimensions of movement and touch becoming important features of the camera phone with the emphasis on networked is shifting to “emplaced” visuality. Images as emplaced in relation to what human geographer Tim Ingold has called a “meshwork” and entanglement of lines (2008). Images themselves are part of such lines as they are inextricable from the camera and person who took them. In this sense camera phone images are not simply about what they represent (although they are also about that) but are additionally about what is behind, above, below, and to either side.

By using different smartphone photo apps, respondents tried to inscribe a sense of place with emotion. This practice is what anthropologist Sarah Pink identifies as the “multisensorality of images.” That is, they are located in “the production and consumption of images as happening in movement, and consider them as components of configurations of place” (Pink 2011: 4). Drawing on Tim Ingold’s conceptualization of place as “entanglement” (Ingold 2008), Pink notes, “Thus, the ‘event’ where photographs are produced and consumed becomes not a meeting point in a network of connections but an intensity of entangled lines in movement… a meshwork of moving things” (Pink 2011: 8).

While the surveillant eye of Big Brother now takes the form of Big Data, the emplaced nature of camera phone images can help to contribute to a changing relationship between performativity, memory and place that is user-orientated. Rather than operating to memorialize place, camera phone practices, especially through LBS networks, are creating playful performances around the movement of co-presence, place and placing (Richardson & Wilken 2012). As noted elsewhere, Pink and Hjorth argue that camera phone practices are highlighting a move away from the network society towards emplaced visualities and socialities (2012). Emplaced visuality means understanding camera phone practices and the socialities that create and emerge through them in ways corresponding with non-representational (Thrift, 2008) or ‘more-than-representational’ approaches in geography which according to Hayden Lorimer encompass:

… how life takes shape and gains expression in shared experiences, everyday routines, fleeting encounters, embodied movements, precognitive triggers, affective intensities, enduring urges, unexceptional interactions and sensuous dispositions (Lorimer, 2005: 84).

Thus we see camera phone photography as a part of the flow of everyday life, an increasingly habitual way of being that is sensed and felt (emotionally and physically). Yet, because camera phone photography involves the production and sharing of images, it also compels us to engage with the relationship between the representational and the non-representational. Emplaced visualities see images as embedded with the movements of everyday life. Tim Cresswell has suggested that we consider ‘three aspects of mobility: the fact of physical movement—getting from one place to another; the representations of movement that give it shared meaning; and, finally, the experienced and embodied practice of movement’ (Cresswell, 2010: 19). These three aspects of mobility are deeply interwoven and entangled. In camera phone photography the experience and representation of camera phone photography is enacted in the ‘flow’ of everyday life at the interface where digital and material realities come together. These emplaced visualities are often abstracted through the mechanics of Big Data mega surveillance. But as The Neighbour before the House demonstrates, the perpetual movement of emplaced visualities is in sharp contrast with the unmoving, omipresent Big Data eye.

This contrast between the moving and unmoving, micro and macro information overlaid onto place can also be reflected as part of the shift from the flâneur to the phoneur. The notion of mobility—as a technology, cultural practice, geography and metaphor—has impacted upon the ways in which twenty-first century cartographies of the urban play out. Through the trope of mobility, and immobility, rather than overcoming all difference and distance, the significance of local is reinforced. While nineteenth-century narrations of the urban were symbolised by the visual economics of the flâneur, the twenty-first century wanderer of the informational city has been rendered what Robert Luke calls the phoneur. [19] The conceptual distance, and yet continuum, between the flâneur and the phoneur is marked by the paradigmatic shift of the urban as once a geospatial image of, and for, the bourgeoisie, as opposed to the phoneur which sees the city transformed into informational circuit in which the person is just a mere node with little agency. Beyond dystopian narrations about the role of technology in maintaining a sense of intimacy, community and place, we can find various ways in which the tenacity of the local retains control. In particular, through the tension between mobile media and Big Data, we can see how the local and the urban can be re-imagined in new ways.

The flâneur (or the wanderer of the modern city), best encapsulated by German philosopher Walter Benjamin’s discussion of Baudelaire’s painting, has been defined as an important symbol of Paris and modernity as it moved into nineteenth century urbanity. Thanks to the restructuring of one third of the small streets into boulevards by Baron Hausmann, Paris of the nineteenth century took a new sense of place and space.

Luke’s phoneur, on the other hand, is the ‘user’ as as part of the informational network flows constituting contemporary urbanity. If the flâneur epitomised modernism and the rise of nineteenth-century urban, then for Luke, the phoneur is the twenty-first-century extension of this tradition as the icon of modernity. As Luke observes, in a networked city one is connected as part of circuit of information in which identity and privacy is at the mercy of system. The picture of the urban city today painted by Luke is one in which the individuals have minimal power in the rise of corporate surveillance.

Neighbour before the House problematises Luke’s dystopian view of the phoneur. The picture painted by Neighbour before the House is much more ambivalent. However it does make the audience reflect upon the changing nature of surveillance in an age of Big Data.[20]

These tensions around the dystopian phoneur and a more embodied and emplaced version can be found running as an undercurrent in the work of Neighbour before the House.

Conclusion

In this chapter we have explored the cross-cultural video collaboration, The Neighbour before the House, to consider the changing relationship between a sense of place, information and the politics of visuality. As we have suggested, with the rise of location-based camera phone practices and Big Data we are seeing new forms of visuality that are best described as emplaced rather than networked. The notion of emplaced reflects some of the tensions around contemporary representations of mobility and movement, particularly prevalent in the often displaced and diasporic experiences of Palestine.

Filmed in Palestine,The Neighbour before the House explores the notion of place as entangled and embedded at the same time as displaced through the rise of ICTs. By providing some of the paradoxes and ambivalences surrounding contemporary media practices and its relationship between information and place, it allows for a space for reflection and contemplation about the surveillence and privacy.

[1]. Jean Burgess, Vernacular creativity and new media (Doctoral dissertation), 2007. Retrieved from http://eprints.qut.edu.au/16378/

[2]. Sarah Pink and Larissa Hjorth Emplaced Cartographies: Reconceptualising camera phone practices in an age of locative media’, Media International Australia, 145 (2012): 145-156.

[3]. Doreen Massey

[4]. Shaina Anand interviewed by Nishant Shah, December 2012.

[5]. Raine, L. and B. Wellman 2012, Networked, Cambridge, Mass, MIT Press.

[6]. Ibid.

[7]. Mizuko Ito, ‘Mobiles and the Appropriation of Place’. Receiver 8, 2002, (consulted 5 December 2012) http://academic.evergreen.edu/curricular/evs/readings/itoShort.pdf ; Hjorth, L. (2005) ‘Locating Mobility: Practices of Co-Presence and the Persistence of the Postal Metaphor in SMS/MMS Mobile Phone Customization in Melbourne’, Fibreculture Journal, 6, (consulted 10 December 2006) http://journal.fibreculture.org/issue6/issue6_hjorth.html.

[8]. Rowan Wilken and Gerard Goggin, ‘Mobilizing Place: Conceptual Currents and Controversies’, in R. Wilken and G. Goggin (Eds) Mobile Technology and Place, New York, Routledge, 2012, pp. 3-25 (5).

[9].Ibid 6.

[10]. Doreen Massey,For Space, London, Sage, 2005 (130).

[11]. Sarah Pink, Doing Sensory Ethnography, London, Sage, 2009.

[12]. Anne Beaulieu, ‘From Co-location to Co-presence: Shifts in the Use of Ethnography for the Study of Knowledge’. Social Studies of Science, 40 (3) 2010: June. 453-470.

[13]. Dong-Hoo Lee, ‘Women’s creation of camera phone culture’. Fibreculture Journal 6, 2005, URL (consulted 3 February 2006) http://www.fibreculture.org/journal/issue6/issue6_donghoo_print.html; Larissa Hjorth, ‘Snapshots of almost contact’. Continuum, 21 (2) 2007: 227-238.

[14]. Alison Gazzard, ‘Location, Location, Location: Collecting Space and Place in Mobile Media’. Convergence: The International Journal of Research into New Media Technologies, 17 (4) 2011: 405-417.

[15]. Lisa Gye, ‘Picture this: the impact of mobile camera phones on personal photographic practices,’ Continuum: Journal of Media & Cultural Studies 21(2) 2007: 279–288.

[16]. Ibid 279.

[17]. Ibid 279.

[18]. Søren Mørk Petersen,Common Banality: The Affective Character of Photo Sharing, Everyday Life and Produsage Cultures, PhD Thesis, ITU Copenhagen.

[19]. Robert Luke, ‘The Phoneur: Mobile Commerce and the Digital Pedagogies of the Wireless Web’, in P. Trifonas (ed.) Communities of Difference: Culture, Language, Technology, pp. 185-204, Palgrave, London, 2006.

[20]. Sites such as www.pleaserobme.com, that seek to raise awareness about over-sharing of personal data, highlight not only the localised nature of privacy but also that privacy is something we do rather than something we possess.

For more details visit https://cis-india.org/internet-governance/blog/palestinian-video-art-larissa-hjorth-nishant-shah-video-games-a-case-study-of-cross-cultural-video-collaboration

Very Big Brother

sunil — 2014-04-14T11:39:09Z

The Centre for Internet and Society, the organization I work for, currently serves on a committee established by the Government of India's Department of Biotechnology, Ministry of Science and Technology in January 2013. The committee has been charged with preparing a report on the draft Human DNA Profiling Bill.

The article was originally published in GeneWatch (January - April 2014) issue.

Why should an organization that focuses on the Internet be invited to such a committee? There are some obvious reasons related to data protection and big data. CIS had previously served on the Justice AP Shah committee that was tasked by the Planning Commission to make recommendations on the draft Privacy Bill in 2012. There are also some less obvious connections, such as academic research into cyborgs wherein the distinction between human and machine/technology is blurred; where an insulin pump makes one realize that the Internet of Things could include the Internet of Body Parts. But for this note I will focus on biometrics - quantifiable data related to individual human characteristics - and their gate-keeping function on the Internet.

The bouquet of biometric options available to technologists is steadily expanding - fingerprint, palm print, face recognition, DNA, iris, retina, scent, typing rhythm, gait, and voice. Biometrics could be used as authentication or identification to ensure security and privacy. However, biometrics are different from other types of authentication and identification factors in three important ways that have implications for human rights in information societies and the Internet.

Firstly, biometrics allow for non-consensual authentication and identification. Newer, more advanced and more expensive biometric technologies usually violate human rights more extensively and intensively than older, more rudimentary and inexpensive biometrics. For example, it is possible to remotely harvest iris information when a person is wide awake without even being aware that their identification or authentication factors have been compromised. It isn't difficult to imagine ways to harvest someone's fingerprints and palm prints without their knowledge, and you cannot prevent a security camera from capturing your gait. You could use specialized software like Tor to surf the World Wide Web anonymously and cover your digital tracks, but it is much harder to leave no trail of DNA material in the real world.

Secondly, biometrics rely on probabilistic matching rather than discrete matching - unlike, for example, a password that you use on a social media platform. In the 2007 draft of India's current Human DNA Profiling Bill, the preamble said "the Deoxyribose Nucleic Acid (DNA) analysis of body substances is a powerful technology that makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead, without any doubt." This extract from the bill was quoted in an ongoing court case to use tampered chain of custody for DNA as the means to seek exoneration of the accused. And the scientists on the committee insist that the DNA Data Bank Manager "...shall communicate, for the purposes of the investigation or prosecution in a criminal offence, the following information to a court, tribunal, law enforcement agency ... as to whether the DNA profile received is already contained in the Data Bank" - in other words, a "yes" or "no" answer. This is indeed odd for those who come from the world of Internet policy - especially when one DNA lab worker confidentially shared that after a DNA profile was generated the "standard operating procedure" included checking it against the DNA profile of the lab worker to ensure that there was no contamination during the process of generating the profile. This would not be necessary for older forms of biometrics such as the process of developing a photograph. In other words, chain of custody issues with every generation of biometric technology are getting more and more complex. In the developing world, the disillusioned want to believe that "technology is the solution." The fallibility of technology must determine its evidentiary status.

Finally, biometrics are only machine-scrutable. This means machines and not human beings will determine whether you are guilty or innocent; whether you should get subsidized medicine, grain, or fuel; whether you can connect to the Internet via mobile phone, cybercafe or broadband. DNA evidence is not directly observable by judges and therefore the technology and equipment have to be made increasingly transparent so that ordinary citizens as well as the scientific community can audit their effectiveness. In 2009, the Second District Court of Appeal and Circuit Court in Florida upheld a 2005 ruling requiring CMI Inc, the manufacturer of Intoxilyzer 5000, to release source code, failing which evidence from the breathalyzer would be rendered inadmissible in more than 100 drunk driving cases. If the transparency of machines is important when prosecuting misdemeanors then surely this is something we must advocate for when culpability for serious crimes is determined through DNA evidence and other types of biometric technologies. This could be accomplished by the triad of mandates for free/open source software, open standards and open hardware. This is not necessary for all DNA technology and equipment that is used in the market, but only for a small sub-set of these technologies that impinge on our rights as human beings via law enforcement and the judicial system.

It has been nine years since India started the process of drafting this bill. We hope that the delays will only result in a robust law that upholds human rights, justice and scientific progress.

Sunil Abraham is Executive Director of the Centre for Internet and Society, based in Bangalore, India.

For more details visit https://cis-india.org/internet-governance/blog/council-for-responsible-genetics-april-2014-sunil-abraham-very-big-brother