We are anonymous, we are legion

IETF106

Admin — 2019-12-15T06:14:02Z

Gurshabad Grover participated at IETF106, which was held in Singapore 16-22 November, 2019.

In the meeting of the Human Rights Protocol Considerations (hrpc) research group, I presented an update to draft-irtf-hrpc-guidelines-03 (Guidelines for Human Rights Protocol and Architecture Considerations), which is an Internet Draft adopted by the hrpc rg that he is co-editing with Niels ten Oever. More info here.

Among other working/research group meetings, I participated theTransport Layer Security (tls) and the Privacy Enhancements and Assessments research group (pearg) sessions. I also participated inseveral side meetings, including the Public Interest Technology Group(pitg) meeting.

Agenda for the IETF and the different WGs/RG can be found on the IETF website.

For more details visit https://cis-india.org/internet-governance/news/ietf106

IETF Indian Community Meetup: RFCs We Love (IoT edition)

Admin — 2018-05-26T00:46:05Z

On May 19, 2018, Gurshabad Grover and Sandeep Kumar attended a 'RFCs We Love Meetup' of the Indian IETF Community held at Zoomcar's office in Bangalore. This meetup was dedicated to discussing IETF RFCs/Active Internet Drafts meant for Internet of Things (IoT) devices.

The agenda of the meeting was:

State of compression in IoT; Related RFCs: 6282, 6775, 8138 (Speaker: Rahul Arvind Jadhav, Huawei)
IoT Mesh Networks; Related RFCs: 6550, 3561, and draft-ietf-roll-efficient-npdao (Speaker: Rabi Sahoo, Huawei)
IoT protocols in moving Vehicles (Speaker: Vinayak Hegde, Zoomcar)
Update from IETF101

All the presentations used by the speakers, and the video recordings of the discussions can be found at this blog post by Dhruv Dhody, one of the attendees,

For more details visit https://cis-india.org/internet-governance/news/ietf-indian-community-meetup-rfcs-we-love-iot-edition

IETF 105

Admin — 2019-08-13T01:38:36Z

Gurshabad Grover attended a meeting of the Internet Engineering Task Force (IETF), IETF105, held in Montreal from July 20 - 26.

Gurshabad participated in several IETF working group meetings, IRTF researchgroups meetings and other sessions, including ones on Captive Portals,Transport Layer Security, Applications Doing DNS, DNS Privacy, andSoftware Updates for IoT Devices. At the meeting of the Human Rights Protocol Considerations (hrpc) research group of the IRTF, I co-presented (with Niels ten Oever) an update to the Internet Draft we are editing, 'Guidelines for Human Rights Protocol and Architecture Considerations'. For more info, click here

For more details visit https://cis-india.org/internet-governance/news/ietf-105

IETF 104 Prague

Admin — 2019-04-12T01:04:47Z

Karan Saini and Gurshabad Grover participated in IETF 104 organized by IETF in Prague from 23rd March to 29th March 2019.

Karan Saini:

Attended and scribed for the Privacy Enhancements and Assessments Proposed Research Group (PEARG) session.
Attended and made interventions in the Stopping Malware and Researching Threats (SMART RG) research group session.
Attended: DNS Over HTTPS (DOH), Domain Name System Operations (DNSOP), Transport Layer Security (TLS) and Authentication and Authorization for Constrained Environments (ACE WG) group sessions
Attended side meetings: Public Interest Technology (PITG) and Web Packaging (webpack)

Gurshabad Grover:

Attended and made interventions in the Captive Portals (capport) and Registration Protocols Extensions (regext) working groups. Also attended the meetings of the Transport Layer Security (TLS), DNS Privacy, and DNS over HTTPS (DoH) working groups and the Privacy Enhancements and Assessments Proposed Research Group (PEARG). Additionally, attended the Public Interest Technology Group (PITG) and Centralisation of DNS Services side meetings.
At the meeting of the Human Rights Protocol Considerations (HRPC) research group, I presented an update to draft-irtf-hrpc-guidelines ('Guidelines for Human Rights Protocol and Architecture Considerations'), which I am co-editing with Niels ten Oever.
At the IETF Hackathon, I explored the use of differential privacy for privacy-preserving latency measurement in the QUIC protocol (with Amelia Andersdotter and Shivan Kaul Sahib). We will continue the research to see whether differential privacy techniques are viable/useful for IETF protocols.
Attended and made interventions in the Captive Portals (capport) andRegistration Protocols Extensions (regext) working groups. Also attended the meetings of the Transport Layer Security (TLS), DNS Privacy, and DNS over HTTPS (DoH) working groups and the Privacy Enhancements and Assessments Proposed Research Group (PEARG). Additionally, attended the Public Interest Technology Group (PITG) and Centralisation of DNS Services side meetings.
At the meeting of the Human Rights Protocol Considerations (HRPC)research group, I presented an update to draft-irtf-hrpc-guidelines('Guidelines for Human Rights Protocol and ArchitectureConsiderations'), which I am co-editing with Niels ten Oever.
At the IETF Hackathon, I explored the use of differential privacy forprivacy-preserving latency measurement in the QUIC protocol (with Amelia Andersdotter and Shivan Kaul Sahib). We will continue the research to see whether differential privacy techniques are viable/useful for IETF protocols.

For more information visit IETF website

For more details visit https://cis-india.org/internet-governance/news/ietf-104-prague

IETF 102 Montreal

Admin — 2018-08-01T22:42:31Z

The Internet Engineering Task Force (IETF) organized IETF 102 Montreal at Fairmont Queen Elizabeth Montreal in Canada from July 14 - 20, 2018. Gurshabad Grover participated remotely in the meetings of several Working Groups.

Meeting agenda of IETF102: https://datatracker.ietf.org/meeting/agenda

On July 19, in the meeting of the Human Rights Protocol Considerations (HRPC) Research Group, Gurshabad presented a review of the human rights considerations in the drafts of the Software Update for IoT Devices (SUIT) Working Group. His presentation was based on the review written by him and Sandeep Kumar, which is archived here.

Agenda of the HRPC session @ IETF102: https://datatracker.ietf.org/meeting/102/materials/agenda-102-hrpc-05

For more details visit https://cis-india.org/internet-governance/news/ietf-102-montreal

IEEE-SA InDITA Conference 2018

Admin — 2018-08-01T23:04:18Z

Gurshabad Grover participated in the IEEE-SA InDITA Conference 2018 organized by IEEE Standards Association held IIIT-Bangalore on July 10 and 11, 2018.

Gurshabad gave a brief presentation on how we could apply or reject 'Trust Through Technology' principles in the design of public biometric authentication. The agenda for the event can be accessed here. More details on event website here.

For more details visit https://cis-india.org/internet-governance/news/ieee-sa-indita-conference-2018

IDEX Impact Assessment Workshop

praskrishna — 2013-11-14T05:48:51Z

The Centre for Internet and Society is hosting a workshop organised by IDEX at its office in Bangalore on Saturday, November 16, 2013 from 11.30 a.m. to 6.30 p.m.

The IDEX Impact Assessment Workshop will provide a comprehensive and interactive intro and overview of all facets of Impact Assessment, with a specific focus on the Social Enterprise sector. The workshop will be conducted by Andy Bhanot of WeStat (bio below) and will be divided into two portions:

11.30 - 14.30: Impact Assessment Crash Course (Intro to IA, Types of IA, Designing IA, etc)

15.30 - 18.30: Interactive Group Projects + Presentations (Applying IA to Specific Sectors / Projects)*

*The focus of this group work will be based upon projects that the IDEX fellows have been working on over the past few months, across various sectors (Water, Livelihoods, Youth, etc)

Andy Bhanot, MBA

Andy Bhanot is a communications and marketing research expert with extensive experience in both the private and development sectors. Mr. Bhanot's areas of expertise include market research analysis and strategy formulation, business development, and leadership and team management.

Mr. Bhanot is an expert in conducting knowledge, attitude, and practice surveys, formative research, pretesting studies, and monitoring and impact evaluation studies. These studies have ranged from HIV/AIDS prevention and care, condom promotion, maternal and child health and governance to gender empowerment, water and environmental sanitation, education, and disaster risk reduction.

He is well versed in both quantitative and qualitative research methods having directed large national surveys, telephonic interviews, rapid feedback studies, focus group discussions, in-depth and key informant interviews, observations, participatory rural appraisals, and ethnographic immersions with urban and rural audiences. Studies included many difficult-to-reach populations: commercial sex workers, men having sex with men, hijras/ transgenders, injecting drug users, truck drivers, migrant workers, gate keepers in the commercial sex trade, employers of bonded labourers, and people living with HIV/AIDS.

Mr. Bhanot has conducted numerous usage and attitude studies, brand health trackers, and concept and new product tests. He also has expertise in segmentation and positioning studies, advertising and media studies, customer satisfaction studies, and distribution studies for a wide range of clients (Pfizer, Colgate, Unilever, Coca-Cola, Barclays Bank, Shell, BAT, Wrigley's, Glaxo Smithkline, Cadburys, Nestle, Delmonte, East Africa Breweries, and Tetra Pac).

Mr. Bhanot has worked and travelled extensively across India, Bangladesh, Nepal, Afghanistan, Myanmar, Cambodia, Vietnam, Kenya, Uganda, Tanzania, Ethiopia, Eritrea, Djibouti, Somaliland, and South Africa. He has presented and published research papers, and has contributed marketing research case studies to books by prominent authors.

For more details visit https://cis-india.org/internet-governance/events/idex-impact-assessment-workshop

Identity of the Aadhaar Act: Supreme Court and the Money Bill Question

Vanya Rakesh and Sumandro Chattapadhyay — 2016-05-09T11:52:44Z

A writ petition has been filed by former Union minister Jairam Ramesh on April 6 challenging the constitutionality and legality of the treatment of this Act as a money bill. The Supreme Court heard the matter on April 25 and invited the Union government to present its view. It is our view that the Supreme Court can not only review the Lok Sabha speaker’s decision, but should also ask the government to draft the Aadhaar Bill again, this time with greater parliamentary and public deliberation. Vanya Rakesh and Sumandro Chattapadhyay wrote this article on The Wire.

Published by and cross-posted from The Wire.

The Aadhaar Act 2016, passed in the Lok Sabha on March 16, 2016, faced opposition ever since it was tabled in parliament. In particular, the move to introduce it as a money bill has been vehemently challenged on grounds of this being an attempt to bypass the Rajya Sabha completely. A writ petition has been filed by former Union minister Jairam Ramesh on April 6 challenging the constitutionality and legality of the treatment of this Act as a money bill. The Supreme Court heard the matter on April 25 and invited the Union government to present its view.

It is our view that the Supreme Court can not only review the Lok Sabha speaker’s decision, but should also ask the government to draft the Aadhaar Bill again, this time with greater parliamentary and public deliberation.

The money bill question

M.R. Madhavan has argued that the Aadhaar Act contains matters other than “only” those incidental to expenditure from the consolidated fund, as it establishes a biometrics-based unique identification number for beneficiaries of government services and benefits, but also allows the number to be used for other purposes beyond service delivery. While Pratap Bhanu Mehta calls this a subversion of “the spirit of the constitution”, P.D.T. Achary, former secretary general of the Lok Sabha, expressed concern about the attempts to pass off financial bills like Aadhaar as money bills as a means to circumvent and erode the supervisory role of the Rajya Sabha. Arvind Datar has further emphasised that when the primary purpose of a bill is not governed by Article 110(1), then certifying it as a money bill is an unconstitutional act.

Article 110(1) of the Constitution identifies a bill as a money bill if it contains “only” provisions dealing with the following matters, or those incidental to them:

imposition and regulation of any tax,
financial obligations undertaken by Indian Government,
payment into or withdrawal from the Consolidated Fund of India (CFI) or Contingent Fund of India,
appropriation of money and expenditure charged on the CFI or receipt, and
custody, issue or audit of money into CFI or public account of India.

However, the link of the Act with the Consolidated Fund of India is rather tenuous, since it depends on the Union or state governments declaring a certain subsidy to be available upon verification of the Aadhaar number. The objectives and validity of the Act would not actually change if the Aadhaar number no longer was directly connected to the delivery of services. The use of the word “if” in section 7 explicitly leaves scope for a situation where the government does not declare an Aadhaar verification as necessary for accessing a subsidy. In such a scenario, the Act will still be valid but without any formal connection with any charges on the Consolidated Fund of India.

A case of procedural irregularity?

The constitution of India borrows the idea of providing the speaker with the authority to certify a bill as money bill from British law, but operationalises it differently. In the UK, though the speaker’s certificate on a money bill is conclusive for all purposes under section 3 of the Parliament Act 1911, the speaker is required to consult two senior members, usually one from either side of the house, appointed by the committee from amongst those senior MPs who chair general committees. In India, the speaker makes the decision on her own.

Although article 110 (3) of the Indian constitution states that the decision of the speaker of the Lok Sabha shall be final in case a question arises regarding whether a bill is a money bill or not, this does not restrict the Supreme Court from entertaining and hearing a petition contesting the speaker’s decision. As the Aadhaar Act was introduced in the Lok Sabha as a money bill even though it does not meet the necessary criteria for such a classification, this treatment of the bill may be considered as an instance of procedural irregularity.

There is ample jurisprudence on what happens when the Supreme Court’s power of judicial review comes up against Article 122 – which states that the validity of any proceeding in the parliament can (only) be called into question on the grounds of procedural irregularities. In the crucial judgment of Raja Ram Pal vs Hon’ble Speaker, Lok Sabha and Others (2007), the court evaluated the scope of judicial review and observed that although parliament is supreme, unlike Britain, proceedings which are found to suffer from substantive illegality or unconstitutionality, cannot be held protected from judicial scrutiny by article 122, as opposed to mere irregularity. Deciding upon the scope for judicial intervention in respect of exercise of power by the speaker, in Kihoto Hollohan vs Zachillhu and Ors. (1992), the Supreme Court held that though the speaker of the house holds a pivotal position in a parliamentary democracy, the decision of the speaker (while adjudicating on disputed disqualification) is subject to judicial review that may look into the correctness of the decision.

Several past decisions of the Supreme Court discuss how the tests of legality and constitutionality help decide whether parliamentary proceedings are immune from judicial review or not. In Ramdas Athawale vs Union of India (2010), the case of Keshav Singh vs Speaker, Legislative Assembly (1964) was referred to, in which the judges had unequivocally upheld the judiciary’s power to scrutinise the actions of the speaker and the houses. It was observed that if the parliamentary procedure is illegal and unconstitutional, it would be open to scrutiny in a court of law and could be a ground for interference by courts under Article 32, though the immunity from judicial interference under this article is confined to matters of irregularity of procedure. These observations were reiterated in Mohd. Saeed Siddiqui vs State of Uttar Pradesh (2014) and Yogendra Kumar Jaiswal vs State of Bihar (2016).

Thus, the decision of the Lok Sabha speaker to pass and certify a bill as a money bill is definitely not immune from judicial review. Additionally, the Supreme Court has the power to issue directions, orders or writs for enforcement of rights under Article 32 of the constitution, therefore, allowing the judiciary to decide upon the manner of introducing the Aadhaar Act in parliament.

National implications demand public deliberation

As the provisions of the Aadhaar Act have far reaching implications for the fundamental and constitutional rights of Indian citizens, the Supreme Court should look into the matter of its identification and treatment as a money bill and whether such decisions lead to the thwarting of legislative and procedural justice.

The Supreme Court may also take this opportunity to reflect on the very decision making process for classification of bills in general. As Smarika Kumar argues, experience with the Aadhaar Act reveals a structural concern regarding this classification process, which may have substantial implications in terms of undermining public and parliamentary deliberative processes. This “trend,” as Arvind Datar notes, of limiting legislative discussions and decisions of national importance within the space of the Lok Sabha must be swiftly curtailed.

Apart from deciding upon the legality of the nature of the bill, it is vital that the apex court ask the government to categorically respond to the concerns red-flagged by the Standing Committee on Finance, which had taken great exception to the continued collection of data and issuance of Aadhaar numbers in its report, and to the recommendations passed in the Rajya Sabha recently. Further, the repeated violation of the Supreme Court’s interim orders – that the Aadhaar number cannot be made mandatory for availing benefits and services – in contexts ranging from marriages to the guaranteed work programme should also be addressed and responses sought from the Union government.

Evidently, the substantial implications of the Aadhaar Act for national security and fundamental rights of citizens, primarily privacy and data security, make it imperative to conduct a duly balanced public deliberation process, both within and outside the houses of parliament, before enacting such a legislation.

For more details visit https://cis-india.org/internet-governance/blog/identity-of-the-aadhaar-act-supreme-court-and-the-money-bill-question

Identity and Databases

praskrishna — 2014-08-07T08:32:16Z

The Centre for Internet and Society (CIS) and the Say No to UID Campaign invite you to a discussion identity, databases and facilitating technologies that explores the use of personal identifiers across databases and the potential violations of privacy on August 9, 2014 (10.30 a.m. to 1.00 p.m.) at the CIS office in Bangalore.

The discussions will specifically focus on the UID and the NPR and seek to answer:

What information is being collected and databased by each scheme?
What type of technology is needed to collect and database this information?
How and where is this information being databased?
What are the potential risks to the databasing of this information?
Are there legal safeguards protecting against misuse of this information, and if not, what safeguards are needed?
Is there a difference between the state collecting, storing, and using this information and a private entity?

For more details visit https://cis-india.org/events/identity-and-databases

Identities Research

praskrishna — 2017-04-12T13:54:53Z

Caribou Digital organized an identity research event in Bengaluru at TERI on April 6, 2017. A total of 16 participants attended the event. Sunil Abraham and Pranesh Prakash represented CIS at the event.

The Identities research project explores user experiences of identity technology, brought to you by Caribou Digital, Omidyar Network and the International Institute of Information Technology, Bangalore (IIITB). The need for user-centered research in “digital identity” arose out of concerns around top-down identity systems and lack of insights on how these are being understood and used, particularly amongst lower income populations. For more information on the event and viewing the episode videos click here.

For more details visit https://cis-india.org/internet-governance/news/identities-research

Identifying Aspects of Privacy in Islamic Law

Vidushi Marda and Bhairav Acharya — 2015-01-01T14:04:44Z

This white paper seeks to identify aspects of privacy in Islamic Law and demonstrate that the notion of privacy was recognized and protected in traditional Islamic law.

I. Introduction

The nuances of privacy have been deliberated by numerous scholars till date, without arriving at a definite answer. It has been perceived as a right to be left alone, as mere secrecy, as the right to a legitimate area of seclusion and solitude. Privacy is a particularly nebulous concept, with a tendency of resting on intuitionist arguments. However, finding refuge in intuitionist arguments has not lent to a clear understanding of the term itself. This presents a peculiar predicament; while privacy is demanded, nobody seems to have a clear understanding of what it truly means. Daniel Solove opines that privacy is a concept in disarray, it is about everything and hence it seems to be about nothing. Solove finds agreement in a variety of literature, where privacy has been described as a "chameleon-like word", a term suffering from an "embarrassment of meanings", a "powerful rhetorical battle cry".

Traditional notions such as bodily privacy, privacy within one's home, or privacy resulting out of private property are received with far less scepticism than more recent aspects of privacy. With the burgeoning increase in information exchange, the ambit of privacy concerns is widened but not always understood. While earlier notions of privacy confined themselves to physical intrusions, it is now possible to invade a person's privacy without physically intruding on their space. As capabilities to intrude on privacy increase, the demand for respecting privacy grows stronger. In their historic article, Warren and Brandeis referred to privacy as an incorporeal notion, referring to cases of defamation, proprietary harms, contractual harms, breach of confidence to conclude that all such cases belonged to an umbrella principle of the right to privacy.

I.II Aspects of Privacy

William Prosser, a torts scholar, in 1860 attempted to classify privacy comprehensively. He contemplated four kinds of activities as impinging on a person's privacy. They were
1. Intrusion upon the plaintiff's seclusion or solitude, or into his private affairs.
2. Public disclosure of embarrassing private facts about the plaintiff.
3. Publicity which places the plaintiff in a false light in the public eye.
4. Appropriation, for the defendant's advantage, of the plaintiff's name or likeness.
While this classification lent some structure to the understanding of privacy, it restricted itself to only tort law.

A wider taxonomy was offered by Daniel Solove, imbibing concerns of digital privacy and information technology. Focussing on activities that invade privacy, Solove argued that information collection, aggregation of information, dissemination of such aggregated information and invasion into people's private affairs are the aspects integral to understanding the privacy concerns of a data subject.

In its policy paper on privacy in India, the Data Security Council of India (DSCI) recognised privacy issues in the context of e-commerce, transactional privacy, cyber crime, national security, and cross border data flows. Similarly the Department of Personnel and Training (DoPT) in 2011 focussed on understanding privacy in the context of data protection and surveillance. Subsequently, in 2012, the Planning Commission of India set up the A.P. Shah Committee to look into issues of data protection. This Committee classified the dimensions of privacy into four main categories; interception and access, audio and video recording, access and use of personal identifiers, and bodily and genetic material.

The classification of privacy for the purpose of this paper is under the heads of bodily privacy, informational and communications privacy, and territorial and locational privacy. Bodily privacy stems from the notion of personal autonomy and inviolate personality. Battery, rape, voyeurism are all examples of the recognition of the need to protect the privacy of one's body. Communications and informational privacy refers to the protection of sensitive personal information, specific communications and private conversations. Interception of messages, spying, hacking or tapping phone lines are all activities that impinge on privacy under this head. India's ambitious biometric project, Aadhar, has brought to the fore concerns surrounding personal information. Territorial privacy is developed from the notion of private property, the tort of trespass being ample recognition of the same.

I.III Is India a Private Nation?

In October, 2010, the government published an approach paper for legislation on privacy. In explaining the need for privacy legislation in India, the paper states,

"India is not a particularly private nation. Personal information is often shared freely and without thinking twice. Public life is organized without much thought to safeguarding personal data. In fact, the public dissemination of personal information has over time, become a way of demonstrating the transparent functioning of the government."

The notion of privacy being a foreign construct carves the argument that legislation on privacy would mean subjecting India to an alien cultural value. However, this ignores the possibility of privacy being culturally subjective. Cultures have exhibited different measurements by which they measure public and private realms. This paper aims to demonstrate that while the word "privacy" does not find explicit reference in traditional Indian law, the essence of privacy as we understand it today has existed in traditional Indian culture, specifically Indian Islamic culture, pre-dating colonialism in India and modernity in India's legal system.

I.IV Displacement of traditional Indian Law

Contemporary Indian law functions within a rubric that was constructed after the "expropriation" of traditional law. India's colonial legacy rendered the displacement of traditional Indian law with a unified modern legal system abounding in European ideas of modernity and legal systems, leaving it is a state of "fractured modernity". Before the British rule, Indians were governed by their personal laws and these laws did not aim to unify the nation in ways that Western legal systems did.. The decision to establish a modern legal system stemmed from the desire to administer the law as a function of the state, which would have been impractical at best in the absence of a unified legal system.

Edward Said eloquently states that the colonial experience does not end when the last European flag comes down or when the last white policeman leaves. One cannot help but agree with Said, as the understanding of law in contemporary India is constructed on the principles of the English common law and on ideas of a modern legal system. While the word "privacy" does not arise in traditional law, this paper argues that the notions of privacy as we perceive it today did exist hitherto the modernization of India's legal system.

I.V Structure of the paper

While Part I has laid down the foundation of this paper and the arguments it endeavours to make, Part II explains the sources of Islamic law and attempts at locating privacy in them. It also explains certain pervasive concepts that will enhance an understanding of privacy in Islamic law. This paper restricts itself to Sunni Islamic law. Part III gives an indication of privacy rights in India's neighbouring Islamic countries (both predominantly Sunni), Pakistan and Bangladesh; and highlights the legal framework for privacy in these countries.

II. Privacy in Islamic Law

II.I Sources of Islamic Law

Before locating aspects of privacy in Islamic Law, an understanding of its structure and sources will be helpful. Islamic Law is composed of Shariah, and fiqh. Shariah indicates the path a faithful Muslim must undertake to attain guidance in the present world and deliverance to the next. Fiqh, the jurisprudence of Islam, refers to the rational understanding of Shariah and human reasoning to appreciate the practical implications of Islam. While Shariah is divine revelation, fiqh is the human inference of Shariah.

The principle tenet of Islam is unwavering obedience to the teachings of God. According to Muslim belief, the Quran is the divine communication from Allah to the Prophet of Islam. It is the foremost record of the word of God, and for this reason is considered the apex source of Islamic law. It is in the Quran that basic norms of Shariah are found, and it embodies the exact words of God as was revealed to the Prophet over a period of 23 years. Fiqh, or the understanding of Shariah, also finds its origins in the holy Quran.

The Sunnah or Prophetic traditions are the ingredients for the model behaviour of a Muslim as demonstrated by the Prophet. It is a "way, course, rule, mode, or manner, of acting or conduct of life." The Sunnah were compiled through the communications of Prophet Muhammad in the form of Hadiths which are communications, stories or conversations; and may be religious or secular; historical or recent. The narrators of the Hadith are known as "isnad" who convey the "matn" or the substance of the Prophet's actions or words as narrated through oral communications through the years. Due to its very nature, the accuracy of the Sunnah came under considerable scrutiny, with concerns as to its possible fabrication and dilution. However, with a well devised system of recording and verifying sources, the Sunnah accompanies the imperative source of Islamic law, the Quran.

The other sources of Islam are found in human reasoning, or ijtihad. Ijtihad assumes a variety of secondary sources such as analogical reasoning (Qiyas), unanimous consensus (Ijma), decisions in favour of public interest (isthihsan), and presumption of continuity (istishab).
Ijtihad entails a resilient effort; an exertion in interpreting the primary sources in order to understand Shariah, to infer the law which is not explicit or evident. The legitimacy of Ijma is found in the Prophetic tradition, which states that the followers of Islam would never agree on an error, and will never unite on misguidance.

The Quran and Sunnah lie at the pinnacle of Islamic jurisprudence and their authoritativeness lends a ready inference of legal principles derived from them. In exploring the concept of Privacy in Islamic Law, this paper will focus mainly on the material available in the Quran and Sunnah.

II.II The Public and Private in Islam

According to the doctrine of Shariah, every aspect of life is deemed to be private unless shown otherwise. The public sphere is that in which governmental authority operates, making it both transparent and open to scrutiny and observation. Since its inception, Islam has considered the idea of governance with reasonable scepticism, ascribing to the view that there is no concept of a human ruler beyond reproach. This perhaps gave impetus to the idea of a private sphere as one that is inhabited exclusively by an individual and the divine, excluding any interference of the State; except with permission from religious law. In Islamic belief, a pious individual had submitted himself to God, and not the worldly State. Hence, all aspects of his life will align with the tenets of Islamic law and in pursuance with the will of God. Any failure to perform religious duties on the part of a Muslim is beyond the scope of another; it is only a consideration between him and the divine. It is believed that the Prophet said, "Those, who acknowledge God in words, and not at heart, do not find fault with their fellow Muslims. The wrongdoing of those who do so become the subject of God's scrutiny, and when God looks into someone's wrongdoing then all shall be truly exposed" The individual is bestowed with complete freedom of action in the private sphere, subject only to the will of the divine. To govern another is wholly beyond the capacity of any individual, and this forms a pervasive theme in Islamic jurisprudence.

Islamic Law recognizes that it is inevitable for every society to impose certain requirements on individuals both by the law and by societal norms. In respect of a public domain, Islam prescribes an amalgam of requirements of a Muslim community and the teachings of Islam. While committing sins in private is beyond the scope of public or governmental scrutiny, committing a sin in public amounts to a crime, meriting worldly punishment.

Islamic law provides for an individual's obligations to the divine at all times, and to the state in matters within the public domain. This is the most striking difference between Islamic law and modern law, as the function of enforcement of the law and punishment are forfeited to the state in a modern legal system, by virtue of the social contract. However, in Islamic societies, the concept of social contract does not exist. Instead, an individual's obligations lie to the state only if acts meriting worldly punishment occur in the public sphere. It is this distinction in the obligations of individuals that leads to conflicts between the application of Islamic law and modern law.

The Quran is replete with rules for all believers to ordain good and forbid evil (al-amrbi al-Ma'rufwa al-nahy 'an al-munkar'). This divine injunction is a restriction of freedom in the private sphere. The notion of privacy in the public sphere was tested through the office of the muhtasib, or compliance officer. These officers were appointed to ensure that the quality of life is preserved in Islamic societies. Personal or private matters which were visible in the public realm were liable to scrutiny from the muhtasib as well. However, this does not extend to matters such as surveillance and spying even on the authority of the state. The Prophet, according to the hadith of Amir Mu'awiyah remarked, " If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." In fact, modern jurists admonish the idea of surveillance as "exactly what Islam has called as the root cause of mischief in politics."

II.III. Privacy in Islamic Law

Bodily Privacy

The sanctity of one's bodily privacy is well recognised in Islamic Law. The Quran (24:58) demarcates certain periods in a day which are times of privacy for an individual, and indicates the need for prior permission before one may enter the private sphere of another. These periods are before the prayer at dawn, during the afternoon where one rests, and after the night prayer. This verse also calls upon children who have not yet reached the age of puberty to get accustomed to asking for permission before entering rooms apart from their own.

As far as bodily seizure of individuals accused of crimes goes, the Traditions indicate a general disinclination towards pre-adjudication restraint of individuals. The very occurrence of it appears to be a cause of discomfort as recorded in the Traditions. One of the Prophet's closest companions, Umar, is believed to have encourages officials to speed up adjudication processes so that the accused could not be deprived of the comfort of their homes and families.

bodily privacy and modesty

Although the Quran stipulates gender equality, the norms of bodily privacy and modesty applicable to men are far less rigorous than the rules of modesty that apply to women. While staring is not contemplated as a crime in modern jurisdictions, the Quran directs "believing men to lower their gaze and be modest." At the same time, it directs women to adhere to strict rules of clothing and conduct, with directions on how to conduct oneself both in private as well as public. Interestingly, with the use of full-body scanners at airports around the world, the bodily privacy of Muslims came to the forefront with several Muslim scholars opining that such use of scanners was in direct violation of the tenets of Islam. According to the Quran, the modesty of a Muslim woman is an indication of her faith.

Communication and Informational Privacy

Privacy is, in many ways, inextricably linked to the notions of personal autonomy, and inviolate personality. Privacy in matters apart from those concerned with proprietary interests was only developed as a legal idea around the ninth century, although the Quran made ample references to it. Whilst the term "privacy" is not directly alluded to in the Quran, it contains verses emphasizing the importance of respecting personal autonomy. The Quran (49:12) rebukes those who wish to pry into matters which do not concern them, or harbour suspicions in respect of others, conceding that some suspicions can even be considered crimes. This implies an injunction against investigation; which complements the prohibition of circulation of information pertaining to an individual's private sphere (24:19). According to this verse, publication of immorality is desirous of punishment. A reasonable conclusion from the reading of these verses is that the Quran mandates respect for the private sphere, guaranteeing that a faithful believer will not violate it. The Prophet is reported to have said that non interference of individuals in matters that do not concern them is a sign of their good faith. Interestingly, the injunction against unwarranted search is for all members of a Muslim community, not just followers of Islam. An extension of the concept of informational privacy is the privacy of one's opinion, which is believed to be beyond reproach regardless of its contents. Deeds in the public sphere can be subject to worldly punishment, but thoughts and opinions everywhere, are not subject to it.

The Sunnah have also emphasized on privacy in communications. The Prophet once said, "He, who looks into a letter belonging to his brother, looks into the Hellfire" , indicating that private communications shall enjoy their privacy even in the public domain. This is evident from another saying of the Prophet,"Private encounters result in entrustment", which entails a restriction on communications arising out of private meetings.

Territorial Privacy

Domestic privacy is considered an important facet of Islamic life and this idea pervades different aspects of Shariah. Privacy in regard to proprietary interests was in fact the first legal conception of privacy recognised by Muslim jurists. The Quran (24:27-8) forbids entering another's house in lieu of permission to do the same. It seeks to ensure that a person visiting another's house is welcome in that house; reminding individuals of their rights during such visits. Further, the Quran (2:189) envisions visits made to other's houses only through the front door, indicating respect and transparency in visiting another's dwelling place. Muslim scholars are of the opinion that such rules were laid down in order to safeguard one's private sphere; to allow people to modify their behaviour to accommodate a visitor in a private domain. Clarifying the reasons for such rules, a jurist offered the following explanation, "The first greeting is for the residents to hear the visitor, the second is for the residents to be cautious( fa-ya khudhu hidhrahum),and the third is for them to either welcome the visitor or send him away."

Privacy in the domestic sphere extends to both physical privacy as well as intangible privacy. The Prophet opined that if one's gaze has entered into a private home before his body does, permission to enter the home would be redundant. This follows from the idea that if a person curiously peeps into another's home, it is equivalent to him entering it himself. The right to privacy is extended to absolve the home owner of any guilt in the event of attack on the intruder. Curiously, the right to privacy within one's home is extended to privacy in respect of sinful behaviour within his private sphere; the accountability of a Muslim to his fellow humans is only to be discerned in respect of his public actions. This is illustrated by an interesting story in the Hadith of Umar ibn al-Khattab. Khattab climbed the wall of a house on the suspicion of wine being consumed within the premises. On his suspicion being confirmed, he chided them for their conduct. They then reminded him that while he pointed out their sins, he himself was guilty of three sins; spying on them, failing to greet them and also not approaching their house through the front door. He agreed with them and walked away.

The rationale behind recognising privacy in the domestic sphere is not just illegal intrusion into one's physical space; it is also intrusion into matters of sensitivity which widens the scope for privacy in Islamic Law.

III Privacy in Shariah Based States

Locating aspects of privacy is Shariah-based states is particularly challenging due to the duality of obligations that exists in their legal framework. While Islamic law focuses on obligations of individuals to the divine in all affairs and the state only in public matters, legal obligations in modern states are understood vis-à-vis the state only. The incorporation of Islam into these modern legal systems represents the attempt at reconciling two distinct sources of law. This Part will consider the legal frameworks for privacy in Pakistan and Bangladesh.

III.I Pakistan

Islamic law has had a profound impact on the legal system of Pakistan. This Islamic Republic integrates Shariah law into its common law system, as is evident from Article 227(1) of the 1973 Constitution of Pakistan ("the 1973 Constitution"). It reads, " All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunction". In addition to the Constitutional safeguards, General Zia-ul-Haq, between 1977 and 1988 provided great impetus to Pakistan's process of incorporating Islam into its common law system through the establishment of appellate religious courts and also enactment of the Hudood criminal law, which was consequently criticized for being discriminatory and arbitrary.

Constitutional Provisions

Enshrined in the 1973 Constitution is the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. While referring to the rights of individuals, Article 4(1) lays down, "To enjoy the protection of law and to be treated in accordance with law in the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan." While aspects of privacy can be read into this Article quite emphatically, the 1973 Constitution explicitly recognises the right to privacy, dignity and the inviolability of persons in Article 14(1),"The dignity of man, subject to law, the privacy of home, shall be inviolable". The sanctity of these rights is vigorously upheld as laws inconsistent with fundamental rights are declared to be void to the extent of their inconsistency.

Bodily Privacy

The 1973 Constitution recognises the fundamental right of persons not to be subject to any action detrimental to the life, liberty, body, reputation or property. The Pakistan Penal Code (Act XLV of 1860) refers to the protection of privacy of women in Section 509, upholding the modesty of women.

Communications and Informational Privacy

The Pakistan Telecommunication (Re-organisation) Act 1996 enables investigating authorities under the Act to take cognizance of illegalities in communications. These authorities submit their reports to the courts, ensuring the accountability of such events, as well as legitimising search and seizure in pursuance of intercepted communications. The Act also makes arrangements for authorised interception of communications in cases of national security, although the wide and sweeping powers bestowed under this Section are a cause for concern. Moreover, any person causing annoyance to another through a telephone is liable to criminal punishment under the Telegraph Act, 1885.

Medicaland Financial information is recognised as a unit of privacy in the legal system of Pakistan. The delicate balance between transparency of government action and extent of privacy of information is struck in the Freedom of Information Ordinance, which exempts divulging information regarding personal privacy of individuals, private documents and financial privacy.

As far as digital privacy is concerned, the law in Pakistan is still at a nascent stage. In 2000, Pakistan implemented the National Information Technology Policy and Action Plan, which provided for confidentiality of transactional information. In 2002, an Electronic Transactions Ordinance was passed with a view to recognise and protect electronic transactions, setting up a framework within which privacy of information can be guaranteed and authenticity can be verified. There is no devoted law on data protection yet, although a Draft Electronic Data Protection Bill was published by the Ministry of Information in 2005.

Territorial and Locational Privacy

Akin to notions of privacy of the home in Islamic law, criminal trespass is a punishable offence under the Pakistan Penal Code. Pakistan has an unfortunately intimate relationship with terrorism. The Anti Terrorism Act of 1997 incorporates some provisions which raise concerns as to the sanctity of individual privacy. The Act allows an officer of police, armed forces or civil armed forces to enter and search any premise, and to seize any property they suspect to be connected to a terrorist act, without a warrant. Perhaps what is more worrying is that the entry of an officer is not subject to review, unlike in other Islamic countries like the United Arab Emirates. The trade off between personal liberties and national security is acutely felt in Pakistan, with intelligence agencies carrying on mass surveillance, without any legal framework providing for the same.

III.II Privacy in Bangladesh

Bangladesh identifies itself as a secular nation, although Islam is the state religion. The Constitution of Bangladesh uses the word privacy in the context of both territorial and communications privacy.

Bodily Privacy

The Bangladesh Penal Code, similar to Pakistan's, contains a section guaranteeing the bodily privacy of a woman and prohibiting any form of outraging her modesty. It criminalises assault, and also provides for private defence in case of assault.

Communications Privacy

The privacy of communications is subject to interception for the purpose of public safety, as envisaged in the Telegraph Act, 1885. It also contains provisions regarding unlawful interception of messages, as well as tampering or damaging communications. The Telecommunications (Amendment) Act 2006 gives the police sweeping powers to intercept mobile communications as well. However, a notice was issued to the government after this amendment to demonstrate its legality. Bangladesh also has the Right to Information Act, 2009 to promote transparency in governance, although it has a considerable number of agencies exempt from the Act as well. Provisions for cyber crime are enshrined in the Information and Communication Technology Act, 2006.

Territorial Privacy

In the context of territorial privacy, the Bangladesh Penal Code recognises criminal trespass, house trespass, lurking house trespass and house breaking as offences under Bangladeshi law.

IV. Conclusion

Privacy is a comprehensive term that entails a plethora of claims, making an exact definition of the term difficult to come by. In the absence of an explicit reference to privacy in the Indian Constitution, the Supreme Court has brought the right to privacy within the penumbra of Article 21 through various case laws. In 2010, the Government in its approach paper on privacy claimed that India is not a particularly private nation. In order to comprehensively understand India's modern legal framework, it is imperative to analyze the concepts of traditional law as they existed hitherto the colonial era. Although the term "privacy" is a modern construct, this paper has sought to demonstrate that the notion of privacy was well recognized and protected in traditional Islamic law.

From the discussion above, it is evident that the concept of privacy in Shariah law rests convincingly within the taxonomy adopted in this paper. The Quran and Hadith accommodate concerns surrounding private property, personal autonomy, protection of private communications, domestic life, modesty and the modern idea of surveillance. In addition to this, Islamic jurisprudence ascribes to the idea of a public and private sphere. The public sphere is occupied by society and governmental action, being liable to scrutiny and observation. On the other hand, the private sphere is occupied by the individual and the divine alone, free from any interference except in accordance with Shariah law. Inspite of the term "privacy" not finding explicit mention in the Quran or Hadith, a closer analysis of Shariah reveals privacy as a pervasive theme in Islamic jurisprudence.

Daniel Solove, A Taxonomy of Privacy, Vol. 154, No.3 University of Pennsylvania Law Journal, 477 (2006).

Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 Harvard Law Review 193, 193 (1890).

Richard A. Posner, Privacy, Surveillance and the Law, Vol. 75 No. 1 The University of Chicago Law Review 245, 245 (2008).

Blanca Rodríguez Ruiz, Privacy in Telecommunications: A European and an American Approach 39 (1st ed. 1997).

James Q. Whitman, The Two Western Cultures of Privacy : Dignity versus Liberty, 113 Yale Law Journal 1152, 1153 (2004).

Whitman, supra note 5, at 1153.

Solove, supra note 1, at 479.

Ibid. Referencing Lillian r. BeVier, Information About Individuals in the Hands of Government: Some Reflections on Mechanisms for Privacy Protection, 4 WM. & MARY BILL RTS. J. 455, 458 (1995) .

Ibid. Referencing KIM LANE SCHEPPELE, LEGAL SECRETS 184-85 (1988).

Ibid. Referencing 1 J. THOMAS MCCARTHY, THE RIGHTS OF PUBLICITY AND PRIVACY § 5.59 (2d ed. 2005).

Solove, supra note 1, at 560.

Samuel D. Warren & Louis D. Brandeis, supra note 2, at 193.

William L Prosser, Privacy, 48 California Law Review 383,389 (1960).

Solove, supra note 1, at 488.

Data Security Council of India, Policy Paper: Privacy in India. Available at https://www.dsci.in/sites/default/files/Policy%20Paper%20-%20Privacy%20in%20India.pdf.

Department of Personnel and Training, (DoPT) Approach Paper for a Legislation on Privacy. Report available at http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/aproach_paper.pdf.

Justice Ajit.P.Shah Committee, Report of the Group of Experts on Privacy, 60. Available at - http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf.

Bhairav Acharya, at http://freespeechhub.thehoot.org/freetracker/storynew.php?storyid=565&sectionId=10.

DoPT, Approach Paper. supra note 16.

Whitman, supra note 5, at 1154.

Chandran Kukathas, Cultural Privacy, Vol. 91, No. 1 The Monist 68, 69 (2008).

Marc Galanter, Displacement of Traditional Law in Modern India, Vol XXIV, No. 4 Journal of Social Issues 65, 67 (1968).

Stuart Corbridge & John Harriss, Reinventing India: Liberalization, Hindu Nationalism and Popular Democracy 238 (Reprint, 2006).

Galanter, supra note 22, at 66.

Ibid. at 67.

Edward Said, Representing the Colonized: Anthropology's Interlocutors, Vol. 15 No.2 Critical Inquiry 205, 207 (1989).

Mohammad Hashim Kamali, Shari'ah Law, An Introduction 19 (2009)

M Mustafa Al Azami, Studies in Hadith Methodology and Literature 7 (2002).

Id. at 3.

NJ Coulson, A History of Islamic Law 22 (1964)

Kamali, supra note 27, at 19.

Sunan Ibn Majah , Book of Tribulations (Kitab al-Fitan) , #3950, available at http://sunnah.com/ibnmajah/36.

Mohsen Kadivar, An Introduction to the Private and Public Debate in Islam, Vol.70 , No. 3 Social Research 659, 663 (2003).

Lara Aryani, Privacy Rights in Shariah and Shariah-based States, Vol. 3, Iss.2, Journal of Islamic State Practices in International Law, 3 (2007)

Kadivar, supra note 33, at 664.

Ibid. at 665.

Ibid. at 667. Referencing Koleini, Mohammad. Al-Kaafi. Qom, Vol. 2: 353 1388.

Ibid. at 671.

Ibid. at 664.

Social Contract Theory of John Locke(1932-1704) in the Contemporary World , SelectedWorks of Daudi Mwita, Nyamaka (2011) Available at http://works.bepress.com/cgi/viewcontent.cgi?article=1009&context=dmnyamaka.

Kadivar, supra note 33, at 664.

Ibid. at 673.

Abul a'la Mawdudi, Human Rights in Islam 24 (1995). Also available online, at http://books.google.co.in/books?id=RUJWdCOmmxoC&printsec=frontcover#v=onepage&q&f=false.

Aryani, supra note 34, at 13.

This indicates Sura 24 : verse 58.

Holy Quran, 24:58 - O you who have believed, let those whom your right hands possess and those who have not [yet] reached puberty among you ask permission of you [before entering] at three times: before the dawn prayer and when you put aside your clothing [for rest] at noon and after the night prayer. [These are] three times of privacy for you. There is no blame upon you nor upon them beyond these [periods], for they continually circulate among you - some of you, among others. Thus does Allah make clear to you the verses; and Allah is Knowing and Wise. (Translation from Sahih International available at http://quran.com/24/58)

Reza Sadiq, Islam's Fourth Amendment : Search and Seizure in Islamic Doctrine and Muslim Practice, Vol. 40 Georgetown Journal of International Law 703, 730 (2008 - 2009).

Ibid. at 733. Referencing IBRAHIM ABDULLA AL-MARZOUQI, Human Rights in Islamic Law 392 (2000).

Rohen Peterson, The Emperor's New Scanner :Muslim Women at the Intersection of the First Amendment and Full Body Scanners, 22 Hastings Women's Law Journal 339, 343 (2011).

Holy Quran, 24:30 - Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do. (Translation from Sahih International available at http://quran.com/24/30-31).

Holy Quran, 24:31- And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed. (Translation from Sahih Internation, available at http://quran.com/24/30-31).

David Garner, Muslims warned not to go through airport body scanners because they violate Islamic rules on nudity, The daily mail, (Feb 12, 2010). http://www.dailymail.co.uk/news/article-1250616/Muslims-warned-airport-body-scanners-violate-Islamic-rules-nudity.html#ixzz3KF8hS6q3 .

Holy Quran, 33:59 - O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful. (Translation from Sahih International, available at http://quran.com/33/59.)

Eli Alshech, "Do Not Enter Houses Other than Your Own": The Evolution of the Notion of a Private Domestic Sphere in Early Sunnī Islamic Thought Vol. 11, No. 3, Islamic Law and Society 291, 304 (2004).

Holy Quran, 49:12 - O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah ; indeed, Allah is Accepting of repentance and Merciful. ( Translation from Sahih International, available at http://quran.com/49/12)

Holy Quran, 24:19 - Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know. ( Translation from Sahih International, available at http://quran.com/24/19)

Kadivar, supra note 33, at 666.

Ahmad Atif Ahmad, Islam Modernity violence and everyday life 176 (1^st ed. 2009)

Kadivar, supra note 33, at 667.

Ibid , at 178.

Ibid.

Alshech, supra note 54, at 291.

Holy Quran, 24:27-8 - O you who have believed, do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants. That is best for you; perhaps you will be reminded. And if you do not find anyone therein, do not enter them until permission has been given you. And if it is said to you, "Go back," then go back; it is purer for you. And Allah is Knowing of what you do. ( Translation from Sahih International, available at http://quran.com/24)

Holy Quran, 2:189 - They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for Hajj." And it is not righteousness to enter houses from the back, but righteousness is [in] one who fears Allah. And enter houses from their doors. And fear Allah that you may succeed. (Translation from Sahih International, available at http://quran.com/2)

Alshech, supra note 54, at 308.

Ibid. at 306. Referencing Ibn Abi Hatim, 8 TAF5IRAL-QUR'ANAL-'ADHIM 2566 (Makiabat Nlilr Mustaffi 1999).

Ahmad, supra note 58, at 177.

Alshech, supra note 54, at 324.

Aryani, supra note 34, at 4. Also see Ahmad, supra note 24, at 178.

Alshech, supra note 54, at 310.

Kadivar, supra note 33, at 664.

Moeen Cheema, Beyond Beliefs: Deconstructing the Dominant Narratives of the Islamization of Pakistan's Law, 60 American Journal of Comparative Law 875 (2012).

The Constitution of the Islamic Republic of Pakistan, 1973. Available at http://www.na.gov.pk/publications/constitution.pdf.

Cheema, supra note 72, at 879.

The Constitution of the Islamic Republic of Pakistan, 1973, supra note 73.

Ibid.

Ibid. Article 8 - "(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the right so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void

Ibid. Article 4(2)(a) - "no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."

Section 509, Pakistan Penal Code (Act XLV of 1860), Available at http://www.oecd.org/site/adboecdanti-corruptioninitiative/46816797.pdf.

Section 32, Pakistan Telecommunication (Re-Organisation) Act, 1996. Available at http://www.pta.gov.pk/media/pta_act_140508.pdf.

Ibid. Section 54.

Section 25-D, Pakistan Telegraph Act, 1885. Available at http://www.fia.gov.pk/law/Offences/26.pdf.

Section 12, Pakistan Medical and Dental Council Code of Ethics. Available at http://www.pmdc.org.pk/LinkClick.aspx?fileticket=v5WmQYMvhz4%3D&tabid=292&mid=845.

http://www.sbp.org.pk/publications/prudential/ordinance_62.pdf

Section 8, Freedom of Information Ordinance, 2002. Available at http://infopak.gov.pk/Downloads/Ordenances/Freedom_of_%20Information_Ordinance2002.pdf.

Pakistan IT Policy and Action Plan, available at http://www.unapcict.org/ecohub/resources/pakistan-information-technology-policy.

Electronic Transactions Ordinance, available at http://www.pakistanlaw.com/eto.pdf.

For a more detailed account, see http://www.supremecourt.gov.pk/ijc/articles/10/1.pdf. Second draft available at http://media.mofo.com/docs/mofoprivacy/PAKISTAN%20Draft%20Law%202nd%20Revision%20.pdf.

Sections 441 - 462, Pakistan Penal Code (XLV of 1860) Chapter XVII, "Offences against Property".

Section 5, Anti Terrorism Act, 1997. Available at http://www.fia.gov.pk/law/ata1997.pdf.

Ibid. Section 10.

Lara Aryani, supra note 34, at 21.

Julhas Alam, Bangladesh moves to retain Islam as state religion, Cns News, http://cnsnews.com/news/article/bangladesh-moves-retain-islam-state-religion.

Article 43, Constitution of Bangladesh. Available at http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf.

Section 509, Bangladesh Penal Code,1860. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=11.

Ibid. Sections 351- 358.

Ibid . Section 100.

Section 5, Bangladesh Telegraph Act, 1885. Available at http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=55.

Ibid . Section 24.

Ibid. Section 25.

Bangladesh Penal Code, 1860. supra note 95. Section 441.

Ibid. Section 442.

Ibid. Section 443.

Ibid. Section 445.

See, Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295 : (1964) 1 SCR 332; Govind v. State of Madhya Pradesh, AIR 1975 SC 1378; Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264; People's Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568; X v. Hospital Z, AIR 1999 SC 495.

DoPT, Approach Paper. supra note 16.

For more details visit https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law

ID programme faces first challenge over privacy, data

praskrishna — 2011-04-02T12:20:28Z

The government is looking to the ID programme to help ensure that various welfare programmes reach the poor

In the first significant challenge to the government’s ambitious programme to give more than one billion Indians a unique identification number, a group of NGOs (non-governmental organizations) are planning to take the government to court over a range of issues, including concerns over privacy and the safety of information.

About 100 NGOs, including Alternative Law Forum, Centre for Internet and Society, People’s Union for Civil Liberty and Slum Jagathu, have come together to oppose the implementation of the project in its current form, Mathew Thomas, general secretary of Citizens’ Action Forum, said in Bangalore on Wednesday.

The Unique Identification Authority of India (UIDAI) “is not a statutory body, not having been created by any Act or under any law, but by executive fiat”, he said. “It is set up as an appendage to the Planning Commission. It cannot be scrutinized either by Parliament or the Comptroller and Auditor General.”

In what had been expected to become a hurdle to the project, those against it are citing data protection and privacy, factors that led to the failure of a similar initiative in the UK.

“The government could not prevent recent cyber attacks by Chinese hackers on its own websites. What guarantee is there that a centralized database would be safe?” said Sunil Abraham, executive director of Centre for Internet and Society, one of the groups opposed to the ID programme, which has been named Aadhaar. “Also, data collected might be misused to discriminate against minorities and other vulnerable sections of society.”

R.S. Sharma, UIDAI director general, declined to comment in detail.

“Everything is transparent. Whatever we have been doing, we have been putting it on our website,” he said. “As to their specific complaints, I will not be able to respond over the telephone.”

The NGOs are also questioning the cost of the project and why no feasibility study was conducted. UIDAI is headed by Nandan Nilekani, co-founder and former chief executive of Infosys Technologies Ltd, India’s second largest software firm.

“First, the government has to respond how the chairman was chosen and appointed,” Thomas said. “Would the same person in his earlier organization authorize a project involving thousands of crores without a preliminary project report on feasibility? Public money is being spent without accountability.”

Nilekani wasn’t reachable for comment.

The government is looking to the ID programme to help ensure that various welfare programmes reach the poor. This objective would be difficult to achieve, the NGOs said.

“In a country with 48% illiteracy, a 12-digit card might prove to be a handicap instead of help,” they said in a release. “The project in its present form must be scrapped.”

The NGOs also said that projected savings from the stemming of leakages owing to the ID programme were not authenticated or backed by independent data. “It’s surprising that the project is being implemented with no discussion in Parliament nor consultation with other political parties,” they said.

Follow the original story in Livemint

For more details visit https://cis-india.org/news/id-programe-faces-challenge

ICTs for Improving Agriculture and Rural Livelihoods

radha — 2011-10-21T06:48:23Z

CIS is co-hosting a talk by Mr. Michael Riggs (FAO) covering the topic on Information and Communication Technology and e-Agriculutre and how Rural Livelihoods and Agriculture can benefit from ICTs.

CIS is co-hosting a lecture on ICT for improving Agriculture and Livelihood in the Rural areas, by Mr. Michael Riggs, who is currently an Officer (Knowledge and Information Management) with the FAO (Food and Agriculture Organization of the United Nations), Rome.

Brief Introduction of Mr. Michael Riggs:
As FAO's Information and Knowledge Management Officer, Mr. Riggs is resposible for initiating and managing collaborations with partners around the Asia-Pacific region to improve sustainable development through the application of modern information and technology. Mr. Riggs has championed the regional e-Agriculture community (www.e-agriculture.org) and also manages the regional implementation of FAO's internal knowledge and information exchange strategies, particularly preserving institutional memory and adopting standards for digital information exchange.

Prior to his current post with the FAO, Mr. Riggs has held the following positions:

Information Management Specialist with FAO
Information Dissemination and Management consultant at APHCA
Director, New Business Development at Green Cross Corporation.

Mr. Riggs has advanced degrees in both economics and organizational management and specialises in:

Knowledge sharing methods and tools
Catalyzing communities of practice and international collaboration
Conceptualizing and communicating new ideas
Information surveys
Building individual and organizational capacity in ICT4D

VIDEO

For more details visit https://cis-india.org/events/icts-for-improving-agriculture-and-rural-livelihoods

ICT Awareness Program for Myanmar Parliamentarians in Yangon

praskrishna — 2014-07-29T09:37:26Z

Myanmar ICT for Development Organization-MIDO conducted ICT policy training for multi- party parliamentarian representatives in Yangon on July 26 and 27, 2014. Sunil Abraham presented on Innovation Ecosystem and Thinking about Internet Regulation.

Sunil's Presentations

Schedule

Day 1	Topic	Resource Person
0930-1030	What is the significance of ICTs to legislators?	Rohan Samarajiva (RS)
1030-1115	Stories from the field: What do poor people do with ICTs?	Helani Galpaya (HG)
1115-1145	Break
1145-1245	Legislation, policies, plans, strategies, regulation	RS
1245-1330	Modalities of making and implementing ICT policy	RS and HG
1330-1430	Lunch	Videos
1430-1530	What is independent regulation? Why is it needed for sector growth	RS
1530-1600	Break
1600-1700	Panel discussion: How social media can be used in public life	Sunil Abraham (SA), RS & Charitha Herath (CH)
Day 2
930-1030	Regulation of online speech	Nay Phone Latt (NPL)
1030-1100	Break
1100-1200	How to think about Internet policy	SA; counterpoint by CH
1200-1300	Hope in the heart and money in the pocket: Results of effective policy	RS
1300-1400	Lunch	Videos

We plan to have simultaneous interpretation. There will be time for discussion within each session.

Brief descriptions of sessions

What is the significance of ICTs to legislators?

Rohan Samarajiva

This is the introduction, wherein we bring out the economic, social and political significance of ICTs. Why legislators should pay attention to the subject.

Stories from the field: What do poor people do with ICTs?

Helani Galpaya

Here we present the findings of how the poor use ICTs, using demand-side data (both quant and quality) from Myanmar and countries in similar circumstances.

Legislation, policies, plans, strategies, regulation

In this session, a former policy advisor/regulator will present a perspective on the important distinctions between legislation, policies, plans, strategies, and regulation.

Modalities of making and implementing ICT policy

RS and HG

Here we will delve into the practical details of making policy and of implementing policy, using examples.

What is independent regulation? Why is it needed for sector growth

Progress in electronic connectivity is the foundation that will reduce the frictions in the Myanmar economy, create jobs and exports and enable social, political and economic innovations. This requires massive investments, most of which will be private and most of which will come from outside the country. What legislators need to know about creating an environment that will attract and retain foreign investment in a globalized economy will be discussed.

How social media can be used in public life

Sunil Abraham, RS and Charitha Herath

In the panel discussion, SA will pose questions to a policy advisor who has used social media in a political campaign and a social media savvy current government official.

How to think about Internet policy

SA; counterpoint by CH

A leading advocate of enlightened Internet policy, Sunil Abraham of the Center for Internet and Society in Bangalore, India, will present his ideas, highlighting the international dimension of Internet policy. CH will share his perspectives as a serving government official.

Regulation of online speech

Nay Phone Latt

Here, Myanmar’s leading blogger and founder of MIDO will discuss the current concerns with legislation that seeks to control online speech.

Hope in the heart and money in the pocket: Results of effective policy

Results of effective policy implementation will be discussed with reference to specific country experiences.

Resource persons

Rohan Samarajiva, PhD, (program director) is founding Chair of LIRNEasia, an ICT policy and regulation think tank active across emerging Asian and Pacific economies. He was Team Leader at the Sri Lanka Ministry for Economic Reform, Science and Technology (2002-04) responsible for infrastructure reforms, including participation in the design of the USD 83 million e-Sri Lanka Initiative. He was Director General of Telecommunications in Sri Lanka (1998-99). In this capacity, he established the Telecom Regulatory Commission of Sri Lanka; conducted the first public hearing and public notice proceedings; successfully concluded a license-violation proceeding; and laid the foundation for a competitive market. He was also a founder director of the ICT Agency of Sri Lanka (2003-05), Honorary Professor at the University of Moratuwa in Sri Lanka (2003-04), Visiting Professor of Economics of Infrastructures at the Delft University of Technology in the Netherlands (2000-03) and Associate Professor of Communication and Public Policy at the Ohio State University in the US (1987-2000). Dr. Samarajiva was also Policy Advisor to the Ministry of Post and Telecom in Bangladesh (2007-09).

Sunil Abraham is the Executive Director of Bangalore based research organization, the Centre for Internet and Society. He founded Mahiti in 1998, a company committed to creating high impact technology and communications solutions. Today, Mahiti employs more than 50 engineers. Sunil continues to serve on the board. Sunil was elected an Ashoka fellow in 1999 to 'explore the democratic potential of the Internet' and was also granted a Sarai FLOSS fellowship in 2003. Between June 2004 and June 2007, Sunil also managed the International Open Source Network, a project of United Nations Development Programme's Asia-Pacific Development Information Programme serving 42 countries in the Asia-Pacific region.

Helani Galpaya is LIRNEasia’s Chief Executive Officer. Helani leads LIRNEasia’s 2012-2014 IDRC funded research on improving customer life cycle management practices in the delivery of electricity and e-government services using ICTs. She recently completed an assessment of how the poor in Bangladesh and Sri Lanka use telecenters to access government services. For UNCTAD and GTZ she authored a report on how government procurement practices can be used to promote a country’s ICT sector and for the World Bank/InfoDev Broadband Toolkit, a report on broadband strategies in Sri Lanka. She has been an invited speaker at various international forums on topics ranging from m-Government to ICT indicators to communicating research to policy makers. Prior to LIRNEasia, Helani worked at the ICT Agency of Sri Lanka, implementing the World-Bank funded e-Sri Lanka initiative. Prior to her return to Sri Lanka, she worked in the United States at Booz & Co., Marengo Research, Citibank, and Merrill Lynch. Helani holds a Masters in Technology and Policy from the Massachusetts Institute of Technology, and a Bachelor’s in Computer Science from Mount Holyoke College, USA.

Charitha Herath has served as Secretary, Ministry of Mass Media and Information in the Government of Sri Lanka since 2012. Prior to his present appointment, he was the Chairman of the Central Environment Authority. Currently on secondment for national services from his permanent academic position as a Senior Lecturer in the Department of Philosophy and Psychology at the University of Peradeniya in Sri Lanka, he continues to work on his academic research, specializing in governments and politics in Asia, ethnic studies, cultural psychology, social and political philosophy, with his main focus on political psychology. More detail at http://charithaherath.wordpress.com/about-2/

Nay Phone Latt is the Co-founder and Executive Director of Myanmar ICT Development Organization (MIDO). He graduated from Yangon Technological University with a civil engineering degree in 2004. He co-founded the Myanmar Blogger Society in 2007. Award winner of PEN Barbara Goldsmith Award and RFS’s Cyber Dissidents Award. Former Political Prisoner. CEC Member of Myanmar Journalists Association(MJA) Chief Editor of ThanLwinAinMat Online Magazine (www.thanlwin.com). Member of Board of Directors of House of Media & Entertainment (HOME).

For more details visit https://cis-india.org/news/ict-awareness-program-for-myanmar-parliamentarians-yangon

Iceland’s proposed porn ban ‘like repression in Iran, N. Korea’ – activists

praskrishna — 2013-03-21T03:56:30Z

A group of 40 human rights activists from around the world fear that Iceland could become “a role model for Internet censorship” if it introduces Internet filters blocking online content deemed pornographic.

This blog post was published in RT on March 1, 2013. Sunil Abraham is quoted.

“The act of censoring pornography in Iceland differs in no way from repression of speech in Iran, China or North Korea,” human rights advocates wrote in an open letter to Icelandic Interior Minister Ögmundur Jónasson.

Activists from nearly 20 countries, including the UK, America, Austria and Finland, said that Iceland’s moral reasons for the push to censor Internet pornography is “justifying rather than condemning the actions of totalitarian regimes.”

Critics – including Jillian C. York, Director for International Freedom of Expression, Electronic Frontier Foundation, Sunil Abraham, Executive Director for India’s Internet and Society Center, and Ot van Daalen, head of the Dutch Bits of Freedom Center – have described the controversial measure as “an affront to basic principles of the society.”

They also argued that those advocating the Web porn ban have offered “no definition, no evidence, and suggested no technology.”

The authors of the letter warned that the prohibition of pornographic content could create demand for an underground porn industry, unregulated and most certainly affiliated with other illegal activities, “as we have seen in the case of drugs or alcohol prohibition. Hiding the problem is not a solution and may in fact make things worse.”

The solution, according to the activists, could be better sex education at home and schools: “Sex education that deals not only with conception, contraception and sexually transmitted diseases, but also relationships, communication and respect.”

Iceland, known for its feminist policies, could become the first Western country to censor online pornography, despite concerns over who will be given the authority to choose what is banned.

“It is tempting to regard filtering the Internet as a quick and easy way to restrict unwanted speech, opinions, or media, which the government regards as harmful for either them or the people,” the letter said. “The right to see the world as it is, is critical to the very tenets and functions of a democracy and must be protected at all costs.”

The activists claimed that it is technically impossible to censor the Internet without monitoring all telecommunications with automated machines: “This level of government surveillance directly conflicts with the idea of a free society.”

Iceland is not the only European country that has tried to implement such a ban. In December, the UK proposed blocking access to all pornographic websites, but UK ministers rejected the idea over a lack of public support.

According to supporters of the Icelandic ban, pornography has unquestionably damaging effects on both children and women.

"We have to be able to discuss a ban on violent pornography, which we all agree has a very harmful effects on young people and can have a clear link to incidences of violent crime," Interior Minister Jonasson, the author of the proposed ban, was quoted as saying.

While Iceland has already passed a law banning the distribution and printing of pornography, the proposed ban would eventually restrict access to pornographic websites in the country, and make it impossible to use Icelandic credit cards on X-rated sites.

For more details visit https://cis-india.org/news/rt-march-1-2013-icelands-proposed-porn-ban