We are anonymous, we are legion

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

India's Central Monitoring System (CMS): Something to Worry About?

maria — 2014-02-22T13:50:37Z

In this article, Maria Xynou presents new information about India's controversial Central Monitoring System (CMS) based on official documents which were shared with the Centre for Internet and Society (CIS). Read this article and gain an insight on how the CMS actually works!

The idea of a Panoptikon, of monitoring all communications in India and centrally storing such data is not new. It was first envisioned in 2009, following the 2008 Mumbai terrorist attacks. As such, the Central Monitoring System (CMS) started off as a project run by the Centre for Communication Security Research and Monitoring (CCSRM), along with the Telecom Testing and Security Certification (TTSC) project.

The Central Monitoring System (CMS), which was largely covered by the media in 2013, was actually approved by the Cabinet Committee on Security (CCS) on 16th June 2011 and the pilot project was completed by 30th September 2011. Ever since, the CMS has been operated by India's Telecom Enforcement Resource and Monitoring (TERM) cells, and has been implemented by the Centre for Development of Telematics (C-DOT), which is an Indian Government owned telecommunications technology development centre. The CMS has been implemented in three phases, each one taking about 13-14 months. As of June 2013, government funding of the CMS has reached at least Rs. 450 crore (around $72 million).

In order to require Telecom Service Providers (TSPs) to intercept all telecommunications in India as part of the CMS, clause 41.10 of the Unified Access Services (UAS) License Agreement was amended in June 2013. In particular, the amended clause includes the following:

“But, in case of Centralized Monitoring System (CMS), Licensee shall provide the connectivity upto the nearest point of presence of MPLS (Multi Protocol Label Switching) network of the CMS at its own cost in the form of dark fibre with redundancy. If dark fibre connectivity is not readily available, the connectivity may be extended in the form of 10 Mbps bandwidth upgradeable upto 45 Mbps or higher as conveyed by the Governemnt, till such time the dark fibre connectivity is established. However, LICENSEE shall endeavor to establish connectivity by dark optical fibre at the earilest. From the point of presence of MPLS network of CMS onwards traffic will be handled by the Government at its own cost.”

Furthermore, draft Rule 419B under Section 5(2) of the Indian Telegraph Act, 1885, allows for the disclosure of “message related information” / Call Data Records (CDR) to Indian authorities. Call Data Records, otherwise known as Call Detail Records, contain metadata (data about data) that describe a telecomunication transaction, but not the content of that transaction. In other words, Call Data Records include data such as the phone numbers of the calling and called parties, the duration of the call, the time and date of the call, and other such information, while excluding the content of what was said during such calls. According to draft Rule 419B, directions for the disclosure of Call Data Records can only be issued on a national level through orders by the Secretary to the Government of India in the Ministry of Home Affairs, while on the state level, orders can only be issued by the Secretary to the State Government in charge of the Home Department.

Other than this draft Rule and the amendment to clause 41.10 of the UAS License Agreement, no law exists which mandates or regulates the Central Monitoring System (CMS). This mass surveillance system is merely regulated under Section 5(2) of the Indian Telegraph Act, 1885, which empowers the Indian Government to intercept communications on the occurence of any “public emergency” or in the interest of “public safety”, when it is deemed “necessary or expedient” to do so in the following instances:

the interests of the sovereignty and integrity of India
the security of the State
friendly relations with foreign states
public order
for preventing incitement to the commission of an offense

However, Section 5(2) of the Indian Telegraph Act, 1885, appears to be rather broad and vague, and fails to explicitly regulate the details of how the Central Monitoring System (CMS) should function. As such, the CMS appears to be inadequately regulated, which raises many questions with regards to its potential misuse and subsequent violation of Indian's right to privacy and other human rights.

So how does the Central Monitoring System (CMS) actually work?

We have known for quite a while now that the Central Monitoring System (CMS) gives India's security agencies and income tax officials centralized access to the country's telecommunications network. The question, though, is how.

Well, prior to the CMS, all service providers in India were required to have Lawful Interception Systems installed at their premises in order to carry out targeted surveillance of individuals by monitoring communications running through their networks. Now, in the CMS era, all TSPs in India are required to integrate Interception Store & Forward (ISF) servers with their pre-existing Lawful Interception Systems. Once ISF servers are installed in the premises of TSPs in India and integrated with Lawful Interception Systems, they are then connected to the Regional Monitoring Centres (RMC) of the CMS. Each Regional Monitoring Centre (RMC) in India is connected to the Central Monitoring System (CMS). In short, the CMS involves the collection and storage of data intercepted by TSPs in central and regional databases.

In other words, all data intercepted by TSPs is automatically transmitted to Regional Monitoring Centres, and subsequently automatically transmitted to the Central Monitoring System. This means that not only can the CMS authority have centralized access to all data intercepted by TSPs all over India, but that the authority can also bypass service providers in gaining such access. This is due to the fact that, unlike in the case of so-called “lawful interception” where the nodal officers of TSPs are notified about interception requests, the CMS allows for data to be automatically transmitted to its datacentre, without the involvement of TSPs.

The above is illustrated in the following chart:

The interface testing of TSPs and their Lawful Interception Systems has already been completed and, as of June 2013, 70 ISF servers have been purchased for six License Service Areas and are being integrated with the Lawful Interception Systems of TSPs. The Centre for Development of Telematics has already fully installed and integrated two ISF servers in the premises of two of India's largest service providers: MTNL and Tata Communications Limited. In Delhi, ISF servers which connect with the CMS have been installed for all TSPs and testing has been completed. In Haryana, three ISF servers have already been installed in the premises of TSPs and the rest of currently being installed. In Chennai, five ISF servers have been installed so far, while in Karnataka, ISF servers are currently being integrated with the Lawful Interception Systems of the TSPs in the region.

The Centre for Development of Telematics plans to integrate ISF servers which connect with the CMS in the premises of service providers in the following regions:

Delhi
Maharashtra
Kolkata
Uttar Pradesh (West)
Andhra Pradesh
Uttar Pradesh (East)
Kerala
Gujarat
Madhya Pradesh
Punjab
Haryana

With regards to the UAS License Agreement that TSPs are required to comply with, amended clause 41.10 specifies certain details about how the CMS functions. In particular, the amended clause mandates that TSPs in India will provide connectivity upto the nearest point of presence of MPLS (Multi Protocol Label Switching) network of the CMS at their own cost and in the form of dark optical fibre. From the MPLS network of the CMS onwards, traffic will be handled by the Government at its own cost. It is noteworthy that a Memorandum of Understanding (MoU) for MPLS connectivity has been signed with one of India's largest ISPs/TSPs: BSNL. In fact, Rs. 4.8 crore have been given to BSNL for interconnecting 81 CMS locations of the following License Service Areas:

Delhi
Mumbai
Haryana
Rajasthan
Kolkata
Karnataka
Chennai
Punjab

Clause 41.10 of the UAS License Agreement also mandates that the hardware and software required for monitoring calls will be engineered, provided, installed and maintained by the TSPs at their own cost. This implies that TSP customers in India will likely have to pay for more expensive services, supposedly to “increase their safety”. Moreover, this clause mandates that TSPs are required to monitor at least 30 simultaneous calls for each of the nine designated law enforcement agencies. In addition to monitored calls, clause 41.10 of the UAS License Agreement also requires service providers to make the following records available to Indian law enforcement agencies:

Called/calling party mobile/PSTN numbers
Time/date and duration of interception
Location of target subscribers (Cell ID & GPS)
Data records for failed call attempts
CDR (Call Data Records) of Roaming Subscriber
Forwarded telephone numbers by target subscriber

Interception requests from law enforcement agencies are provisioned by the CMS authority, which has access to the intercepted data by all TSPs in India and which is stored in a central database. As of June 2013, 80% of the CMS Physical Data Centre has been built so far.

In short, the CMS replaces the existing manual system of interception and monitoring to an automated system, which is operated by TERM cells and implemented by the Centre for Development of Telematics. Training has been imparted to the following law enforcement agencies:

Intelligence Bureau (IB)
Central Bureau of Investigation (CBI)
Directorate of Revenue Intelligence (DRI)
Research & Analysis Wing (RAW)
National Investigation Agency (NIA)
Delhi Police

And should we even be worried about the Central Monitoring System?

Well, according to the brief material for the Honourable MOC and IT Press Briefing on 16th July 2013, we should not be worried about the Central Monitoring System. Over the last year, media reports have expressed fear that the Central Monitoring System will infringe upon citizen's right to privacy and other human rights. However, Indian authorities have argued that the Central Monitoring System will better protect the privacy of individuals and maintain their security due to the following reasons:

The CMS will just automate the existing process of interception and monitoring, and all the existing safeguards will continue to exist
The interception and monitoring of communications will continue to be in accordance with Section 5(2) of the Indian Telegraph Act, 1885, read with Rule 419A
The CMS will enhance the privacy of citizens, because it will no longer be necessary to take authorisation from the nodal officer of the Telecom Service Providers (TSPs) – who comes to know whose and which phone is being intercepted
The CMS authority will provision the interception requests from law enforcement agencies and hence, a complete check and balance will be ensured, since the provisioning entity and the requesting entity will be different and the CMS authority will not have access to content data
A non-erasable command log of all provisioning activities will be maintained by the system, which can be examined anytime for misuse and which provides an additional safeguard

While some of these arguments may potentially allow for better protections, I personally fundamentally disagree with the notion that a centralised monitoring system is something not to worry about. But let's start-off by having a look at the above arguments.

The first argument appears to imply that the pre-existing process of interception and monitoring was privacy-friendly or at least “a good thing” and that existing safeguards are adequate. As such, it is emphasised that the process of interception and monitoring will “just” be automated, while posing no real threat. I fundamentally disagree with this argument due to several reasons. First of all, the pre-existing regime of interception and monitoring appears to be rather problematic because India lacks privacy legislation which could safeguard citizens from potential abuse. Secondly, the very interception which is enabled through various sections of the Information Technology (Amendment) Act, 2008, and the Indian Telegraph Act, 1885, potentially infringe upon individual's right to privacy and other human rights.

May I remind you of Section 69 of the Information Technology (Amendment) Act, 2008, which allows for the interception of all information transmitted through a computer resource and which requires users to assist authorities with the decryption of their data, if they are asked to do so, or face a jail sentence of up to seven years. The debate on the constitutionality of the various sections of the law which allow for the interception of communications in India is still unsettled, which means that the pre-existing interception and monitoring of communications remains an ambiguous matter. And so, while the interception of communications in general is rather concerning due to dracodian sections of the law and due to the absence of privacy legislation, automating the process of interception does not appear reassuring at all. On the contrary, it seems like something in the lines of: “We have already been spying on you. Now we will just be doing it quicker and more efficiently.”

The second argument appears inadequate too. Section 5(2) of the Indian Telegraph Act, 1885, states that the interception of communications can be carried out on the occurence of a “public emergency” or in the interest of “public safety” when it is deemed “necessary or expedient” to do so under certain conditions which were previously mentioned. However, this section of the law does not mandate the establishment of the Central Monitoring System, nor does it regulate how and under what conditions this surveillance system will function. On the contrary, Section 5(2) of the Indian Telegraph Act, 1885, clearly mandates targeted surveillance, while the Central Monitoring System could potentially undertake mass surveillance. Since the process of interception is automated and, under clause 41.16 of the Unified License (Access Services) Agreement, service providers are required to provision at least 3,000 calls for monitoring to nine law enforcement agencies, it is likely that the CMS undertakes mass surveillance. Thus, it is unclear if the very nature of the CMS falls under Section 5(2) of the Indian Telegraph Act, 1885, which mandates targeted surveillance, nor is it clear that such surveillance is being carried out on the occurence of a specific “public emergency” or in the interest of “public safety”. As such, the vagueness revolving around the question of whether the CMS undertakes targeted or mass surveillance means that its legality remains an equivocal matter.

As for the third argument, it is not clear how bypassing the nodal officers of TSPs will enhance citizen's right to privacy. While it may potentially be a good thing that nodal officers will not always be aware of whose information is being intercepted, that does not guarantee that those who do have access to such data will not abuse it. After all, the CMS appears to be largely unregulated and India lacks privacy legislation and all other adequate legal safeguards. Moreover, by bypassing the nodal officers of TSPs, the opportunity for unauthorised requests to be rejected will seize to exist. It also implies an increased centralisation of intercepted data which can potentially create a centralised point for cyber attacks. Thus, the argument that the CMS authority will monopolise the control over intercepted data does not appear reassuring at all. After all, who will watch the watchmen?

While the fourth argument makes a point about differentiating the provisioning and requesting entities with regards to interception requests, it does not necessarily ensure a complete check and balance, nor does it completely eliminate the potential for abuse. The CMS lacks adequate legal backing, as well as a framework which would ensure that unauthorised requests are not provisioned. Thus, the recommended chain of custody of issuing interception requests does not necessarily guarantee privacy protections, especially since a legal mechanism for ensuring checks and balances is not in place.

Furthermore, this argument states that the CMS authority will not have access to content data, but does not specify if it will have access to metadata. What's concerning is that metadata can potentially be more useful for tracking individuals than content data, since it is ideally suited to automated analysis by a computer and, unlike content data which shows what an individuals says (which may or may not be true), metadata shows what an individual does. As such, metadata can potentially be more “harmful” than content data, since it can potentially provide concrete patterns of an individual's interests, behaviour and interactions. Thus, the fact that the CMS authority might potentially have access to metadata appears to tackle the argument that the provisioning and requesting entities will be seperate and therefore protect individual's privacy.

The final argument appears to provide some promise, since the maintenance of a command log of all provisioning activities could potentially ensure some transparency. However, it remains unclear who will maintain such a log, who will have access to it, who will be responsible for ensuring that unlawful requests have not been provisioned and what penalties will be enforced in cases of breaches. Without an independent body to oversee the process and without laws which predefine strict penalties for instances of misuse, maintaining a command log does not necessarily safeguard anything at all. In short, the above arguments in favour of the CMS and which support the notion that it enhances individual's right to privacy appear to be inadequate, to say the least.

In contemporary democracies, most people would agree that freedom is a fundamental human right. The right to privacy should be equally fundamental, since it protects individuals from abuse by those in power and is integral in ensuring individual liberty. India may literally be the largest democracy in the world, but it lacks privacy legislation which establishes the right to privacy, which guarantees data protection and which safeguards individuals from the potentially unlawful interception of their communications. And as if that is not enough, India is also carrying out a surveillance scheme which is largely unregulated. As such, it is highly recommended that India establishes a privacy law now.

If we do the math, here is what we have: a country with extremely high levels of corruption, no privacy law and an unregulated surveillance scheme which lacks public and parliamentary debate prior to its implementation. All of this makes it almost impossible to believe that we are talking about a democracy, let alone the world's largest (by population) democracy! Therefore, if Indian authorities are interested in preserving the democratic regime they claim to be a part of, I think it would be highly necessary to halt the Central Monitoring System and to engage the public and the parliament in a debate about it.

After all, along with our right to privacy, freedom of expression and other human rights...our right to freedom from suspicion appears to be at stake.

How can we not be worried about the Central Monitoring System?

The Centre for Internet and Society (CIS) is in possession of the documents which include the information on the Central Monitoring System (CMS) as analysed in this article, as well as of the draft Rule 419B under the Indian Telegraph Act, 1885.

For more details visit https://cis-india.org/internet-governance/blog/india-central-monitoring-system-something-to-worry-about

UAS License Agreement Amendment regarding the Central Monitoring System (CMS)

maria — 2014-01-30T12:43:56Z

For more details visit https://cis-india.org/internet-governance/blog/uas-license-agreement-amendment

New Document on India's Central Monitoring System (CMS) - 2

maria — 2014-01-30T12:40:31Z

For more details visit https://cis-india.org/internet-governance/blog/new-cms-doc-2

Is Bhutan selling its soul to Google?

praskrishna — 2014-01-30T12:27:33Z

Migrating Bhutan government’s communications to Google servers, allowing the United States access to confidential data, raises questions

"Bhutan’s adoption of Google Apps is a disastrous decision, and I wouldn’t advocate for it even if it were free," Pranesh Prakash, Policy Director of the Bangalore-based Centre for Internet and Society said.

He added that the project would end up tying Bhutan to a single vendor, Google, since there is no easy way to migrate from Google Apps to another system. "That means that even if in the future some other system is found to be far better than Google, the migration costs would deter the adoption of that system," said Pranesh Prakash, who is also a fellow with the Information Society Project, Yale Law School.

The article by Lucky Wangmo from Thimphu and Pema Seldon form Bangalore was published in Business Bhutan on January 25, 2014. Download Volume 5, Issue 4, NU 15 published by Business Bhutan here.

For more details visit https://cis-india.org/news/business-bhutan-vol-5-issue-4-lucky-wangmo-pema-seldon-is-bhutan-selling-its-soul-to-google

January 2014 Bulletin

praskrishna — 2014-04-07T07:09:59Z

The Centre for Internet and Society (CIS) welcomes you to the first issue of its newsletter (January) for the year 2014:

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

Amba Salelkar provides an analysis of the three stages of the Rights for Persons with Disabilities 2013 since it was initially commissioned.
We published revised chapters for the states of Andhra Pradesh and Chhattisgarh as part of our National Resource Kit project.
In the first of a three-part study Ananth Padmanabhan examines the "John Doe" orders that courts have passed against ISPs, which entertainment companies have used to block websites.
The second Institute on Internet and Society is being held in Pune from February 11 to 17.
CIS signed a memorandum of understanding (MoU) with KIIT University and Kalinga Institute of Social Sciences for furthering Odia Wikipedia.
Dr. Nishant Shah co-authored a chapter on video games in a book published by Palestinian Art Court-al Hoash.
Sneha gives an overview of the research enquiry in the field of Digital Humanities in her blog post on Mapping Digital Humanities in India.
In the first of the insightful seven part series, Gautam Bhatia looks at surveillance and the right to privacy in India from a constitutional perspective, tracing its genealogy through Supreme Court case law and compares it with the law in the USA.

-----------------------------------------------
Jobs
-----------------------------------------------
CIS is seeking applications for the posts of Program Officer (Access to Knowledge): http://bit.ly/1fnydB0 and Program Officer (Internet Governance): http://bit.ly/1aA57K6. There are two vacancies each for these posts and these are full-time based in Delhi. To apply, please send your resume to Sunil Abraham (sunil@cis-india.org), Nirmita Narasimhan (nirmita@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org) with three writing samples of which at least one demonstrates your analytic skills, and one that shows your ability to simplify complex policy issues.

----------------------------------------------
Accessibility and Inclusion
----------------------------------------------
As part of our project (under a grant from the Hans Foundation) on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India, we bring you draft chapters for the states of Madhya Pradesh and Arunachal Pradesh, and the union territory of Daman and Diu. With this we have completed compilation of draft chapters for 27 states and 5 union territories.

Based on the feedback and comments received from our readers the following chapters were revised:

► National Resource Kit Chapter

Andhra Pradesh Chapter (by Anandhi Viswanathan, January 31, 2014): http://bit.ly/1lzUFcG.
Chhattisgarh Chapter (by Anandhi Viswanathan, January 31, 2014): http://bit.ly/1fY4NZ0.

# Blog Entry

The Right of Persons with Disabilities Bill 2013 and the Lack of Access to Accessibility Rights (by Amba Salelkar, January 31, 2014): http://bit.ly/1diSg40.

-----------------------------------------------------------
Access to Knowledge
-----------------------------------------------------------
The Access to Knowledge programme addresses the harms caused to consumers and human rights, and critically examines Open Government Data, Open Access to Scholarly Literature, and Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software.

# Analysis

Can Judges Order ISPs to Block Websites for Copyright Infringement? (Part 1) (by Ananth Padmanabhan, January 30, 2014). Ananth looks at the theory behind John Doe orders and finds that it would be wrong for Indian courts to grant "John Doe" orders against ISPs: http://bit.ly/1nteYaK.

# Blog Entries

Open Letter to the Vatican: Request for Holy See to Comment on IPR (by Samantha Cassar, January 31, 2014): http://bit.ly/1dGN7OS.
The Game of IPR: Insights from the 6th Global Intellectual Property Convention in Hyderabad (by Samantha Cassar, January 31, 2014): http://bit.ly/1fY5qS6.

The following has been done under grant from the Wikimedia Foundation (http://bit.ly/SPqFOl). As part this project (http://bit.ly/X80ELd), we organised 4 workshops in the month of January, published an article in DNA, and signed a memorandum of understanding with KIIT University and Kalinga Institute of Social Sciences to further the development of Odia Wikipedia:

►Wikipedia

# Articles / Newspaper Columns

Odia Wikipedia: Three Years of Active Contributions Gives Life to a Ten Year Old Project (by Subhashish Panigrahi, HASTAC, January 31, 2014): http://bit.ly/1jvxD8r.
WikiSangamotsavam 2013 brings Indian Wikimedians together (by Netha Hussain and Subhashish Panigrahi, DNA, January 14, 2014). The article was edited by Rohini Lakshane: http://bit.ly/1jvynKP.

# Announcement

CIS-A2K, KIIT University and Kalinga Institute of Social Sciences sign MoUs (by Subhashish Panigrahi, January 11, 2014): KIIT University, Kalinga Institute of Social Sciences and the Centre for Internet and Society's Access to Knowledge team (CIS-A2K) have entered into a memorandum of understanding (MoUs) for furthering Odia Wikipedia: http://bit.ly/1j1qtFv.

# Blog Entries

Wikipedia Editing as Assessment Tool in the Indian Higher Education Classroom (by Dr. Tejaswini Niranjana, Ashwin Kumar A.P. and T. Vishnu Vardhan, January 30, 2014): http://bit.ly/1m5QHMD.
Wikipedia at Forefront in Christ University (by Syed Muzamiluddin, January 29, 2014): http://bit.ly/LTFA8E.

# Events Organised

Odia WikiMeetup (Bhubaneswar, January 11, 2014): http://bit.ly/NBkFJi.
Introductory talk about "Wikipedia in Academics" (KIIT School of Technology, Bhubaneswar, January 12, 2014): http://bit.ly/1j1yv1f.
Odia Wikipedia's 10th anniversary @ KISS (Kalinga Institute of Social Sciences, Bhubaneswar, January 28, 2014): http://bit.ly/1gsqkJC.
Odia Wikipedia 10th anniversary (Indian Institute of Mass Communication, Dhenkanal, January 29, 2014): http://bit.ly/1dGRBoy.

# Event Participated In

The Dynamics of Education to Employment Journey: Opportunities and Challenges (organized by KIIT School of Management, KIIT University, Bhubaneswar, February 21-22, 2014). T. Vishnu Vardhan gave a talk: http://bit.ly/1ePwqHc.

# Media Coverage

CIS gave its inputs to the following media coverage:

Digitising contest to preserve rare books in Malayalam (The Hindu, January 4, 2014): http://bit.ly/NBtVgz.
‘With Internet in every pocket, power to the people’ (by Shubhadeep Chaudhury, The Tribune, January 12, 2014): http://bit.ly/1ojb1IZ. Shubhadeep interviews T. Vishnu Vardhan on internet and social media.
ଆଦିବାସୀଭାଷାରଉନ୍ନତିକଳ୍ପେଉଇକିପିଡ଼ିଆ(Odishan.com, January 12, 2014):http://bit.ly/1kAWJmG.
KIIT University to lead building free knowledge repository initiative (India Education Diary.com, January 20, 2014): http://bit.ly/1j1Rzwk.
Odisha: KISS to create tribal languages and heritage repository (Odisha Diary Bureau, January 20, 2014): http://bit.ly/1bLBhmB.
FDC recognition for the Centre for the Internet and Society (Wikimedia Foundation, January 30, 2014): http://bit.ly/1fYdxOz. Wikimedia Foundation published a resolution declaring CIS eligible for funding through the Annual Plan Grants program.
Tech-savvy students given tips to enter IT field (The Times of India, January 31, 2014): http://bit.ly/1j1QvIX.
Odia Wikipedia (Sanchar, January 31, 2014): http://bit.ly/1ePwAON.

Openness

# Event Organised

What is happening in South America and how Openness is an opportunity to Social, Political and Activist Movements? (Centre for Internet and Society, Bangalore, January 17, 2014): http://bit.ly/1bnZaq0.

-----------------------------------------------
Internet Governance
-----------------------------------------------
CIS is doing a project (under a grant from Privacy International and International Development Research Centre (IDRC)) on conducting research on surveillance and freedom of expression (SAFEGUARDS). So far we have organised seven privacy round-tables and drafted the Privacy (Protection) Bill. Gautam Bhatia gives an analysis of the right to privacy from a constitutional perspective and Elonnai Hickok analyses a public report published by GNI.

# Analyses

Surveillance and the Indian Constitution - Part 1: Foundations (by Gautam Bhatia, January 13, 2014): http://bit.ly/1ntqsen.
Surveillance and the Indian Constitution - Part 2: Gobind and the Compelling State Interest Test (by Gautam Bhatia, January 27, 2014): http://bit.ly/1dH3meL.

# Newspaper Columns / Book Chapter

Big Brother is Watching You (by Chinmayi Arun, The Hindu, January 3, 2014): http://bit.ly/1cGpg0K.
Making the Powerful Accountable (by Chinmayi Arun, The Hindu, January 30, 2014): http://bit.ly/1nvzSpC.
Video Games: A Case Study of a Cross-cultural Video Collaboration (by Larissa Hjorth and Nishant Shah, January 31, 2014): http://bit.ly/1eTaXLX. 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 and Nishant.

# Blog Entries

Letter requesting public consultation on position of GoI at WGEC (by Snehashish Ghosh, January 7, 2014): http://bit.ly/1g66bL7.
Electoral Databases – Privacy and Security Concerns (by Snehashish Ghosh, January 16, 2014): http://bit.ly/Mb4ktM.
GNI Assessment Finds ICT Companies Protect User Privacy and Freedom of Expression (by Elonnai Hickok, January 20, 2014): http://bit.ly/1mjbpmL.
Interview with Mathew Thomas from the Say No to UID campaign - UID Court Cases (by Maria Xynou, January 27, 2014): http://bit.ly/1eT9XHv. Maria interviewed Mathew Thomas on UID.
India's Central Monitoring System (CMS): Something to Worry About? (by Maria Xynou, January 30, 2014): http://bit.ly/1gsM4oQ.

# Events Organized

Biometrics or Bust? Implications of the UID for Participation and Inclusion (CIS, Bangalore, January 10, 2014). Malavika Jayaram gave a talk: http://bit.ly/1lJZhuK.
Digital Citizens: Why Cyber Security and Online Privacy are Vital to the Success of Democracy and Freedom of Expression (CIS, Bangalore, January 14, 2014): http://bit.ly/KucEU5. Michael Oghia gave a talk.
Nullcon Goa Feb 2014 — International Security Conference (organised by Nullcon, Bogmallo Beach Resort, Goa, February 12 – 15, 2014). CIS is one of the sponsors for this event: http://bit.ly/1lrBu5I.

# Events Co-organised

CPDP 2014 Reforming Data Protection: The Global Perspective (organised by CPDP, Brussels, January 22 – 24, 2014): http://bit.ly/KsgCws. CIS is one of the sponsors for this event. Malavika Jayaram was a speaker.
The Future of the Internet, Who Should Govern It and What is at Stake for You? (organised by Internet and Mobile Association of India, Cellular Operators Association of India, Internet Democracy project, Media for Change, SFLC and CIS, India International Centre, January 29, 2014): http://bit.ly/1eqkSUu. Chinmayi Arun moderated a session. Snehashish Ghosh participated in the event as a speaker.

# Events Participated In

Seminar on "Hate Speech and Social Media" (organized by NALSAR University of Law, Hyderabad and British Deputy High Commission, Hyderabad, January 4 – 5, 2014): http://bit.ly/1dmcEkT. Chinmayi Arun was one of the speakers.
Multistakeholders Consultation on International Public Policy Issues (organized by the Department of Electronics & Information Technology, New Delhi, January 21, 2014): http://bit.ly/Mbfkao. Snehashish Ghosh participated in this meeting.
Internet Governance and India: The Way Forward (organized by Observer Research Foundation, New Delhi, January 22, 2014): http://bit.ly/1ePFueY. Snehashish Ghosh participated in the event.
Data Privacy Day 2014 (organized by Data Security Council of India, Infosys, Bangalore, January 28, 2014). Elonnai Hickok was a panelist: http://bit.ly/1ePFfk8.
TACTIS Symposium 2014 (organized by Tata Consultancy Service, TCS Siruseri, Chennai, January 28 and 29, 2014): http://bit.ly/1bo9y0R. Sunil Abraham gave the keynote address.

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

Inventions that will make a difference (by Geeta Padmanabhan, The Hindu, January 1, 2014): http://bit.ly/MKwmfu.
Rise of the bot: all you need to know about the latest threat online (by Danish Raza, Hindustan Times, January 5, 2014): http://bit.ly/1dHgNex.
Despite apex court order, IOC proceeds with Aadhaar-linked DBT (by Deepa Kurup, The Hindu, January 6, 2014): http://bit.ly/1g6ffjn.
Worldwide: International Privacy - 2013 Year in Review – Asia (by Gonzalo S. Zeballos, James A. Sherer and Alan M. Pate, Mondaq Yearly Review, January 8, 2014): http://bit.ly/1iOaYRO.
Election panel rejects Google’s proposal for electoral services tie-up (by Anuja and Moulishree Srivastava, Livemint, January 9, 2014): http://bit.ly/1gpaGjF.
Social Notworking - 'Murder by Twitter'(by Malini Nair, The Times of India, January 19, 2014): http://bit.ly/1j2kT63.
The net is taking over (by Veenu Sandhu and Surabhi Agarwal, Business Standard, January 24, 2014): http://bit.ly/1hb4eQL.
The Dangers of Birdsong (by Namrata Joshi, January 25, 2014): http://bit.ly/1kB8J7L.
Is Bhutan selling its soul to Google? (by Lucky Wangmo from Thimphu and Pema Seldon form Bangalore, Business Bhutan, January 25, 2014): http://bit.ly/1fYl3sO.
What is net neutrality and why it is important (The Times of India, January 30, 2014): http://bit.ly/1ePFZ8P.

--------------------------------
Digital Humanities
--------------------------------
CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

# Blog Entry

Mapping Digital Humanities in India (by Sneha PP, January 16, 2014): http://bit.ly/1gsQEEQ.

--------------------------------
Digital Natives
--------------------------------
CIS is doing a research project titled “Making Change”. The project will explore new ways of defining, locating, and understanding change in network societies. Having the thought piece 'Whose Change is it Anyway' as an entry point for discussion and reflection, the project will feature profiles, interviews and responses of change-makers to questions around current mechanisms and practices of change in South Asia and South East Asia:

►Making Change Project

# Blog Entry

Creative Activism - Voices of Young Change Makers in India (UDAAN) (by Denisse Albornoz, January 20, 2014): http://bit.ly/1cxXAMI.

►Other
# Newspaper Column

10 Ways to Say Nothing New (by Nishant Shah, Indian Express, January 19, 2014): http://bit.ly/1gsONjn.

----------------------------------------------------------
Knowledge Repository on Internet Access
----------------------------------------------------------
CIS in partnership with the Ford Foundation is executing a project to create a knowledge repository on Internet and society. This repository will comprise content targeted primarily at civil society with a view to enabling their informed participation in the Indian Internet and ICT policy space. The repository is available at the Internet Institute website: http://bit.ly/1iQT2UB.

►Ongoing Event

Institute on Internet and Society (organised by Ford Foundation and CIS, Yashada, Pune, February 11-17, 2014): http://bit.ly/180mQi9.

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

► Follow us elsewhere

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

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

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

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/january-2014-bulletin

Making the Powerful Accountable

chinmayi — 2014-01-30T06:43:41Z

If powerful figures are not subjected to transparent court proceedings, the opacity in the face of a critical issue is likely to undermine public faith in the judiciary.

Chinmayi Arun's Op-ed was published in the Hindu on January 29, 2014.

It is odd indeed that the Delhi High Court seems to believe that sensational media coverage can sway the Supreme Court into prejudice against one of its own retired judges. Justice Manmohan Singh of the Delhi High Court has said in Swatanter Kumar v. Indian Express and others that the pervasive sensational media coverage of the sexual harassment allegations against the retired Supreme Court judge 'may also result in creating an atmosphere in the form of public opinion wherein a person may not be able to put forward his defence properly and his likelihood of getting fair trial would be seriously impaired.' This Delhi High court judgment has drawn upon the controversial 2011 Supreme Court judgment in Sahara India Real Estate Corp. Ltd v. SEBI (referred to as the Gag Order case here) to prohibit the media from publishing headlines connecting retired Justice Swatanter Kumar with the intern's allegations, and from publishing his photograph in connection with the allegations.

Although the Gag Order judgment was criticised at the time that it was delivered Swatanter Kumar v. Indian Express illustrates its detractors' argument more vividly that anyone could have imagined.

Sukumar Muralidharan wrote of Gag Order case that the postponement (of media coverage) order remedy that it created, could become an "instrument in the hands of wealthy and influential litigants, to subvert the course of open justice".

Here we find that although a former Supreme Court judge is pitted against a very young former intern within a system over which he once presided, Justice Manmohan Singh seems to think that it is the judge who is danger of being victimised.

The Swatanter Kumar judgment was enabled by both the Gag Order case as well as the 1966 Supreme Court judgment in Naresh Sridhar Mirajkar v. State of Maharashtra, which in combination created a process for veiling court proceedings. Naresh Mirajkar stated that courts' inherent powers extend to barring media reports and comments on ongoing trials in the interests of justice, and that such powers do not violate the right to freedom of speech; and the Gag Order case created an instrument - the 'postponement order' - for litigants, such that they can have media reports of a pending case restricted. The manner in which this is used in the Swatanter Kumar judgment raises very worrying questions about how the judiciary views the boundaries of the right to freedom of expression, particularly in the context of reporting court proceedings.

Broad power to restrict reporting

The Gag Order case was problematic: it used arguments for legitimate restraints on media reporting in exceptional circumstances, to permit restrictions on media reporting of court proceedings under circumstances 'where there is a real and substantial risk of prejudice to fairness of the trial or to proper administration of justice'. The Supreme Court refused to narrow this or clarify what publications would fall within this category. It merely stated that this would depend on the content and context of the offending publication, and that no 'straightjacket formula' could be created to enumerate these categories. This leaves higher judiciary with a broad discretionary power to decide what amounts to
legitimate restraints on media reporting, using an ambiguous standard. Exercise of this power to veil proceedings involving powerful public figures whose actions have public implications, imperils openness and transparency when they are most critical.

Court proceedings are usually open to the public. This openness serves as a check on the judiciary, and ensures public faith in the judiciary. In countries as large as ours, media coverage of important cases ensures actual openness of court proceedings - we are able to follow the arguments made by petitioners who ask that homosexuality be decriminalised, the trial of suspected terrorists and alleged murderers, and the manner in which our legal system handles sexual harassment complaints filed by young women.

When court proceedings are closed to the public (known as 'in-camera' trials) or when media dissemination of information about them is restricted, the openness and transparency of court proceedings is compromised. Such compromise of transparency does take place in many countries, to protect the rights of the parties involved, or prevent miscarriage of justice. For example, child-participants are protected by holding trials in-camera; names of parties to court proceedings are withheld to protect their privacy sometimes; and in countries where juries determine guilt, news coverage that may prejudice the jury is also restricted.

The damage done

Although the Supreme Court stated in principle that the openness of court proceedings should only be restricted where strictly necessary, this appears to lend itself to very varied interpretation. For example, it is very difficult for some of us to understand why it was strictly necessary to restrict media coverage of sexual harassment proceedings in the Swatanter Kumar case. J. Manmohan Singh on the other hand seems to believe that the adverse public opinion will affect the retired judge's chance of getting a fair trial. His judgment also seems to indicate his concern that the sensational headlines will impact the public confidence in the Supreme Court.

The Delhi High Court's apprehension about the effects of the newspaper coverage on the reputation of the judge did not need to translate into a prior restraint on media coverage. They may better have been addressed later, by evaluating a defamation claim pertaining to published material. The larger concerns about the reputation of the judiciary are better addressed by openness: if powerful public figures, especially those with as much influence as a former Supreme Court judge are not subjected to transparent court proceedings, the opacity in the face of such a critical issue is likely to undermine public faith in the judiciary as an institution.Such opacity undermines the purpose of open courts. It is much worse for the reputation of the judiciary than publicised complaints about individual judges.

Since the Delhi High Court ruling, there has been little media coverage of the sexual harassment case. Suppression of media coverage leaves the young woman comparatively isolated. Wide coverage of the harassment complaint involving Justice Ganguly, helped the intern in that case find support. The circulation of information enabled other former interns as well as a larger network of lawyers and activists, reach out to her. This is apart from the general pressure to be fair that arises when a case is being followed closely by the public. Media coverage is often critical to whether someone relatively powerless is able to assert her rights against a very powerful person. This is why media freedom is sacred to democracies.

If the Supreme Court was confident that the high courts in India would use their broad discretionary power under the Gag Order case sparingly and only in the interests of justice, the Swatanter Kumar case should offer it grounds to reconsider. Openness and freedom of expression are not meant to be diluted to protect the powerful - they exist precisely to ensure that even the powerful are held accountable by state systems that they might otherwise be able to sway.

(Chinmayi Arun is research director, Centre for Communication Governance, National Law University, Delhi, and fellow, Centre for Internet and Society, Bangalore.)

For more details visit https://cis-india.org/internet-governance/blog/the-hindu-january-29-2014-chinmayi-arun-making-the-powerful-accountable

TACTIS Symposium 2014

praskrishna — 2014-02-04T07:32:01Z

Tata Consultancy organized the TACTIS Symposium at TCS Siruseri, Chennai on January 28 and 29, 2014. Sunil Abraham participated in the event and gave the key note address.

Click to download the event brochure here

For more details visit https://cis-india.org/news/data-privacy-day-chenna-2014

Data Privacy Day 2014

praskrishna — 2014-02-04T05:34:59Z

January 28 is annually celebrated as Data Privacy Day (DPD). Data Security Council of India (DSCI) organized the annual meeting J N Tata Hall, Bldg 1, Infosys Campus, Infosys Ltd., Electronics City, Bangalore. Elonnai Hickok was a panelist.

Programme Details

2:30 - 3:00 p.m.: Keynote address by Srinath Batni, Member of the Board, Infosys
3:00 - 4:30 p.m.: Panel Discussion on "Privacy today and tomorrow in Indian and Global Context"

Panelists:

M D Sharath, Deputy Superintendent of Police, Cyber Crimes Division, CID Headquarters, Karnataka Police
Srinivas Poosarla, Associate Vice President and Head (Global), Privacy & Data Protection, Infosys Ltd
Joshi Joseph, Senior Information Risk Manager, ING Vyasa Bank
Na.Vijayashankar (Naavi), Information Assurance Consultant
Elonnai Hickok, Policy & Advocacy Associate, Centre for Internet & Society (CIS)

IT Product / Internet services company

Panel will be moderated by Rahul Jain, Principal Consultant, DSCI

4:30- 5:00 p.m.: Presentation on Privacy by Rahul Jain, Principal Consultant, DSCI
5:00- 5:30 p.m.: High Tea

For more info on the event see here.

For more details visit https://cis-india.org/news/data-privacy-day-2014

The Future of the Internet, Who Should Govern It and What is at Stake for You?

praskrishna — 2014-02-12T11:12:54Z

Internet and Mobile Association of India, Cellular Operators Association of India, Internet Democracy project, Media for Change, SFLC and the Centre for Internet Society is organizing a Multi-stakeholder Dialogue on the future of internet on January 29, 2014 at Multipurpose Hall, India International Center (IIC).

Snehashish Ghosh will participate in the event as a speaker.

Schedule

10.00 - 10.30: Registration
10.30 -13.30: Discussion and Open House
13.30: Lunch

The meeting seeks to address, among others, the following questions:

The issue of governing the internet through a multistakeholder mechanism (including government, business, civil society, academia and the technical community) versus a multilateral one (or an intergovernmental one, including only governments in a decision making role) is leading the global discourse.

What is multistakeholderism? How is it practiced? How is it different from multilateralism or intergovernmental decision making? Why has multistakeholderism assumed such an important role in internet governance?
Moderator – Subi Chutervedi

Several of the arguments are based in a framework document known as ‘Tunis Agenda 2005’.
What is the role of the Tunis Agenda in these debates? Since its formulation 9 years ago, is it still relevant? What does “stakeholders in their respective roles” mean in 2014 and beyond?
Moderator – Subi Chaturvedi

The positions taken by the Government of India at international fora are linked to its cyber security concerns.
Will India’s position of multilateral/intergovernmental governance of the Internet actually address these cyber security concerns?
Moderator – Anja Kovacs

Since the Snowden revelations, mass surveillance by governments has assumed center stage and is driving the recent discourse.
Will a multilateral/inter-governmental mechanism adequately address serious concerns of government surveillance and intrusion into the privacy of internet users and citizens?
Moderator – Anja Kovacs

Innovation, freedom of speech and expression and privacy rights are critical to a free and open internet. How are these impacted under a multistakeholder vis-à-vis a multilateral/inter-governmental mechanism?
Moderator- Chinmayi Arun

Internet governance has both a domestic and a global angle. In 2014, what should be the process of policy making involving stakeholders? Should there be consultation and what should be the process, quality and outcome of such consultation, especially as it relates to Internet Governance?

What process should the government adopt before taking a position internationally and while formulating domestic policy related to internet governance?
Moderator Chinmayi Arun

For more details visit https://cis-india.org/events/future-of-internet-january-29-2014

Surveillance and the Indian Constitution - Part 2: Gobind and the Compelling State Interest Test

pranesh — 2014-01-27T18:03:38Z

Gautam Bhatia analyses the first case in which the Supreme Court recognized a constitutional right to privacy, Gobind v. State of Madhya Pradesh, and argues that the holding in that case adopted the three-pronged American test of strict scrutiny, compelling State interest, and narrow tailoring in its approach to privacy violations.

After its judgment in Kharak Singh, the Court was not concerned with the privacy question for a while. The next case that dealt – peripherally – with the issue came eleven years later. In R.M. Malkani v State of Maharashtra, the Court held that attaching a recording device to a person’s telephone did not violate S. 25 of the Telegraph Act, because

"where a person talking on the telephone allows another person to record it or to hear it, it can-not be said that the other person who is allowed to do so is damaging, removing, tampering, touching machinery battery line or post for intercepting or acquainting himself with the contents of any message. There was no element of coercion or compulsion in attaching the tape recorder to the telephone."

Although this case was primarily about the admissibility of evidence, the Court also took time out to consider – and reject – a privacy-based Article 21 argument, holding that:

"Article 21 was invoked by submitting that the privacy of the appellant’s conversation was invaded. Article 21 contemplates procedure established by law with regard to deprivation of life or personal liberty. The telephonic conversation of an innocent citizen will be protected by Courts against wrongful or high handed interference by tapping the conversation. The protection is not for the guilty citizen against the efforts of the police to vindicate the law and prevent corruption of public servants. It must not be understood that the Courts will tolerate safeguards for the protection of the citizen to be imperiled by permitting the police to proceed by unlawful or irregular methods."

Apart from the fact that it joined Kharak Singh in refusing to expressly find a privacy right within the contours of Article 21, there is something else that unites Kharak Singh and R.M. Malkani: they hypothetical in Kharak Singh became a reality in Malkani – what saved the telephone tapping precisely because it was directed at "… a guilty person", with the Court specifically holding that the laws were not for targeting innocent people. Once again, then, the targeted and specific nature of interception became a crucial – and in this case, a decisive – factor. One year later, in another search and seizure case, Pooran Mal v Inspector, the Court cited M.P. Sharma and stuck to its guns, refusing to incorporate the Fourth Amendment into Indian Constitutional law.

It is Gobind v State of MP, decided in 1975, that marks the watershed moment for Indian privacy law in the Constitution. Like Kharak Singh, Gobind also involved domiciliary visits to the house of a history-sheeter. Unlike Kharak Singh, however, in Gobind the Court found that the Regulations did have statutory backing – S. 46(2)(c) of the Police Act, which allowed State Government to make notifications giving effect to the provisions of the Act, one of which was the prevention of commission of offences. The surveillance provisions in the impugned regulations, according to the Court, were indeed for the purpose of preventing offences, since they were specifically aimed at repeat offenders. To that extent, then, the Court found that there existed a valid “law” for the purposes of Articles 19 and 21.

By this time, of course, American constitutional law had moved forward significantly from eleven years ago, when Kharak Singh had been decided. The Court was able to invoke Griswold v Connecticut and Roe v Wade, both of which had found a "privacy" as an "interstitial" or "penumbral" right in the American Constitution – that is, not reducible to any one provision, but implicit in a number of separate provisions taken together. The Court ran together a number of American authorities, referred to Locke and Kant, to dignity, to liberty and to autonomy, and ended by holding, somewhat confusingly:

“the right to privacy must encompass and protect the personal intimacies of the home, the family marriage, motherhood, procreation and child rearing. This catalogue approach to the question is obviously not as instructive as it does not give analytical picture of that distinctive characteristics of the right of privacy. Perhaps, the only suggestion that can be offered as unifying principle underlying the concept has been the assertion that a claimed right must be a fundamental right implicit in the concept of ordered liberty… there are two possible theories for protecting privacy of home. The first is that activities in the home harm others only to the extent that they cause offence resulting from the mere thought that individuals might he engaging in such activities and that such ‘harm’ is not Constitutionally protective by the state. The second is that individuals need a place of sanctuary where they can be free from societal control. The importance of such a sanctuary is that individuals can drop the mask, desist for a while from projecting on the world the image they want to be accepted as themselves, an image that may reflect the values of their peers rather than the realities of their natures… the right to privacy in any event will necessarily have to go through a process of case-by-case development."

But if no clear principle emerges out of the Court’s elucidation of the right, it was fairly unambiguous in stressing the importance of the right itself. Interestingly, it grounded the right within the context of the freedom struggle. "Our founding fathers," it observed, "were thoroughly opposed to a Police Raj even as our history of the struggle for freedom has borne eloquent testimony to it." (Para 30) The parallels to the American Fourth Amendment are striking here: in his historical analysis Akhil Amar tells us that the Fourth Amendment was meant precisely to avoid the various abuses of unreasonable searches and seizures that were common in England at the time.

The parallels with the United States become even more pronounced, however, when the Court examined the grounds for limiting the right to privacy. "Assuming that the fundamental rights explicitly guaranteed to a citizen have penumbral zones and that the right to privacy is itself a fundamental right, that fundamental right must be subject to restriction on the basis of compelling public interest." "Compelling public interest" is an interesting phrase, for two reasons. First, “public interest” is a ground for fundamental rights restrictions under Article 19 (see, e.g., Article 19(6)), but the text of the Article 19 restrictions do not use – and the Court, in interpreting them, has not held – that the public interest must be “compelling”. This suggests a stricter standard of review for an Article 21 privacy right violation than Article 19 violations. This is buttressed by the fact that in the same paragraph, the Court ended by observing: “even if it be assumed that Article 19(5) [restrictions upon the freedom of movement] does not apply in terms, as the right to privacy of movement cannot be absolute, a law imposing reasonable restriction upon it for compelling interest of State must be upheld as valid.” The Court echoes the language of 19(5), and adds the word “compelling”. This surely cannot be an oversight.

More importantly – the compelling State interest is an American test, used often in equal protection cases and cases of discrimination, where “suspect classes” (such as race) are at issue. Because of the importance of the right at issue, the compelling state interest test goes hand-in-hand with another test: narrow tailoring. Narrow tailoring places a burden upon the State to demonstrate that its restriction is tailored in a manner that infringes the right as narrowest manner that is possible to achieve its goals. The statement of the rule may be found in the American Supreme Court case of Grutter v Bollinger:

"Even in the limited circumstance when drawing racial distinctions is permissible to further a compelling state interest, government is still constrained under equal protection clause in how it may pursue that end: the means chosen to accomplish the government’s asserted purpose must be specifically and narrowly framed to accomplish that purpose."

To take an extremely trivial example that will illustrate the point: the State wants to ban hate speech against Dalits. It passes legislation that bans “all speech that disrespects Dalits.” This is not narrowly tailored, because while all hate speech against Dalits necessarily disrespects them, all speech that disrespects Dalits is not necessarily hate speech. It was possible for the government to pass legislation banning only hate speech against Dalits, one that would have infringed upon free speech more narrowly than the “disrespect law”, and still achieved its goals. The law is not narrowly tailored.

Crucially, then, the Court in Gobind seemed to implicitly accept the narrow-tailoring flip side of the compelling state interest coin. On the constitutionality of the Police Regulations itself, it upheld their constitutionality by reading them narrowly. Here is what the Court said:

“Regulation 855, in our view, empowers surveillance only of persons against whom reasonable materials exist to induce the opinion that they show a determination, to lead a life of crime – crime in this context being confined to such as involve public peace or security only and if they are dangerous security risks. Mere convictions in criminal cases where nothing gravely imperiling safety of society cannot be regarded as warranting surveillance under this Regulation. Similarly, domiciliary visits and picketing by the police should be reduced to the clearest cases of danger to community security and not routine follow-up at the end of a conviction or release from prison or at the whim of a police officer.”

But Regulation 855 did not refer to the gravity of the crime at all. Thus, the Court was able to uphold its constitutionality only by narrowing its scope in a manner that the State’s objective of securing public safety was met in a way that minimally infringed the right to privacy.

Therefore, whether the Gobind bench was aware of it or not, its holding incorporates into Indian constitutional law and the right to privacy, not just the compelling State interest test, but narrow tailoring as well. The implications for the CMS are obvious. Because with narrow tailoring, the State must demonstrate that bulk surveillance of all individuals, whether guilty or innocent, suspected of crimes or not suspected of crimes (whether reasonably or otherwise), possessing a past criminal record or not, speaking to each other of breaking up the government or breaking up a relationship – every bit of data must be collected to achieve the goal of maintaining public security, and that nothing narrower will suffice. Can the State demonstrate this? I do not think it can, but at the very least, it should be made to do so in open Court.

For more details visit https://cis-india.org/internet-governance/blog/surveillance-and-the-indian-consitution-part-2

Interview with Mathew Thomas from the Say No to UID campaign - UID Court Cases

maria — 2014-01-27T12:47:49Z

The Centre for Internet and Society (CIS) recently interviewed Mathew Thomas from the Say No to UID campaign about his ongoing efforts to challenge the UID scheme legally in the Bangalore High Court and Supreme Court of India. Read this interview and gain an interesting insight on recent legal developments with regards to the UID!

Hi Mathew! We've heard that you've been in court a lot over the last few years with regards to the UID scheme. Could you please tell us about the UID case you have filed?

In early 2012, I filed a civil suit at the Bangalore Court to declare the UID scheme illegal and to stop further biometric enrollments. I alleged that foreign agencies are involved in the process of biometric enrollment, and that cases of corruption have occurred with regards to the companies contracted by the UID Authority of India (UIDAI). Many dubious companies have been empanelled for biometric enrollments by the UIDAI and many cases of corruption have been noted, especially with regards to the preparation of biometric databases for below poverty line (BPL) ration cards in Karnataka.

In 2010, according to a government audit report, COMAT Technologies Private Limited had a contract with the Karnataka Government and was required to undertake a door-to-door survey and to set up biometric devices. COMAT Technologies Private Limited was paid ₹ 542.3 million for this purpose, but it turns out that the company did not comply with the terms of the contract and did not fullfill its obligations under the contract. Even though COMAT Technologies Private Limited had been contracted and had been paid ₹ 542.3 million, the company did not hand over any biometric device to the Karnataka Government. Instead, when the company got questioned, it walked away from the contract in 2010, even though it had been paid for a service it did not deliver.

In the same year, 2010, COMAT Technologies was empanelled as an Enrolling Agency of the UIDAI. COMAT Technologies also carries out enrollments in Mysore and a TV channel sting operation revealed that fake IDs were being issued in the Mysore enrollment center. After much persuasion, the e-Government department of Karnataka informed me that they have filed an FIR. And this is just one case of a corrupt company empanelled as an enrollement agency with the UIDAI. Many similar cases with other companies have occurred in other cities in India, such as Mumbai, where the empanelled agencies have committed fraud and police complaints have been filed. But unfortunately, there is no publicly available information on the state of the investigations.

As such, I filed a case at the Bangalore Court and stated that the whole UID system is insecure, that it will not achieve the objective of preventing leakages of welfare subsidies and that, therefore, it is a waste of public funds, which also affects individuals' right to privacy and right to life. In my complaint in the civil court I made allegations of corruption and dangers to national security backed by documentary evidence. According to Order 8 of the Civil Procedure Code (CPC), defendants are required to specifically deny each of the allegations against them and if they don't, the court is required to accept the allegations as accurate. According to law, vague, bald denials are not acceptable in courts. Interestingly enough, the defendants in this court case did not deny any of the allegations, but instead stated that they (allegations) are “trivial” and requested the judge to dismiss the case without a trial. The judge requested the defendants to file a written application, asking for the suit to be dismissed under Order 7, Rule 11, of the Civil Procedure Code. Nonetheless, in May 2012, the judge observed that this is a serious case which should not be dismissed and that he would like to have a daily hearing of the case, especially since the case was grounded on the allegation that thousands of crores of rupees of public money are spent every day.

However, one month later in June 2012, the judge dismissed the case by stating that I did not have a “cause of action” and that the case is not of civil nature under Section 9 of the Code of Civil Procedure. I argued that tax payers have a right to know where their money is going and that we all have a right to privacy and that therefore, I did have a cause for action. I quoted the Supreme Court case setting out the law relating to the meaning of “civil nature”. The Apex court said, “Anything which is not of criminal nature is of civil nature”. I also quoted several court precedents which explained conditions under which complaints could be dismissed under Order VII Rule 11. Unfortunately though, the judge dismissed all of this and suggested that I should take this case to the High Court or to the Supreme Court, since the Bangalore Court did not have the authority to address the violation of fundamental human rights. In my opinion, the fallacy in this judgement was that, on the one hand, the judge stated in his order that there was “no cause for action”, but on the other hand, he said that I should take the case to the High Court or to the Supreme Court! And on top of that, the judge stated that my case was frivolous and levied on me a Rs. 25, 000 fine, because apparently I was “wasting the court's time” !

In addition to all of this, the judge made a very intriguing statement in his order: he claimed that the biometric enrollment with the UIDAI is voluntary and that therefore I need not enrol. I argued that although the UID is voluntary in theory, it is actually mandatory on many levels, especially since access to many governmental services require enrollment with the UIDAI. Nonetheless, the judge insisted that the UID is purely voluntary and that if I am not happy with the UID, then I should just “stay at home”.

And how did the case continue thereafter?

In October 2012 I appealed against this to the High Court by stating that there was a misapplication of Order 7, Rule 11, of the Civil Procedure Code and requested the High Court to send the suit back for trial at the Bangalore Court.

Now, when you appeal in India, the Court has to issue notices to the opposite party, which are usually sent by registered post. However, nothing was happening, so I filed a number of applications to hear the case. The registrar’s office filed a number of trivial “objections” with which I needed to comply and this took three months, until January 2013. For example, one “objection” was that the lower court order stated the date of the order as "03-07-12", whereas I had mentioned the date as 3 July 2012. Then they would argue that the acknowledgement of the receipt of the notice from the respondents was not received. The High Court is located next to the head post office (GPO) in Bangalore and normally it would be sent there, then directly to the GPO in Delhi and from there to the Planning Commission or to the UIDAI. Yet, the procedure was delayed because apparently the notices weren't sent. In one hearing, the court clerk said that the address of the defendant was wrong and that the address of the Planning Commission should also be included. All in all, it seemed to me like there was some deliberate attempt to delay the procedure and the dismissal of the case by the Bangalore Court seemed very questionable. As a result, in January 2013, I asked the High Court to permit me to personally hand over my appeal to the Government Council. And finally, on 17th December 2013, my appeal was heard by the Bangalore High Court!

Over the last three months, the defendants have not filed any counter affidavit. Instead, the Government Council came to the High Court and stated that I have not filed a “paper book” (which includes depositions and evidence, among other things). However, the judge stated that this is not a case which requires a “paper book”, since my appeal was about the misapplication of Order 7, Rule 11, of the Civil Procedure Code. Then the Government Council asked for more time to review the appeal and it is has been postponed.

Have there been any other recent court cases against the UID?

Yes. While all of this was going on, retired judge, Justice Puttaswamy, filed a petition in the Supreme Court, stating that the UID scheme is illegal, since it violates article 73 of the Constitution. Aruna Roy, who is an activist at the National Council for People’s Right to Information, has also filed a petition where she has questioned the UID because it violates privacy rights and the rights of the poor.

Furthermore, petitions have been filed in the Madras High Court and in the Mumbai High Court. In 2012, it was argued in the Madras High Court that the only legal provision for taking fingerprints exists under the Prisoners Act, whereas the UIDAI is taking the fingerprints of people who are not prisoners and therefore it is illegal. In 2013, Vikram Crishna, Kamayani Bahl and a few others argued in the Mumbai High Court that the right to privacy is being violated through the UID scheme. It is noteworthy that in most of these cases, the defendants have not filed any counter-arguments. The only exceptions were in the Aruna Roy and Puttaswamy cases, where the defendants claimed that the UID is secure and supported it in general. In the end, the Supreme Court directed that the cases in Mumbai and Madras should be clubbed together and addressed by it. As such, the cases filed in the Madras and Mumbai High Courts have been sent to the Supreme Court of India.

Major General Vombathakere also filed a petition in the Supreme Court, arguing that the UID scheme violates individuals' right to privacy. When the counsel for the General commenced his arguments the judge pointed to the possibility of the Government passing the NIA Bill soon, which will contain provisions for privacy, as stated by the Government. As such, the judge implied that if the Government passes such a law the argument, that the Government is implementing the scheme in a legal vacuum, may not be valid.

So what is the status of your pending court cases?

Well, I impleaded myself in Aruna Roy's petition and brought my arguments with regards to corruption in the case of companies contracted with the UIDAI and the danger to national security through the involvement of persons linked to US intelligence agencies. The last hearing in the Supreme Court was on 10th December 2013, but it was postponed to 28 January 2014. So in short, in the Supreme Court I am currently filing a case for investigation with regards to corruption and links with foreign intelligence agencies by companies contracted with the UIDAI, while in the Bangalore High Court, I have appealed a civil trial with regards to the misplacement of Order 7, Rule 11, of the Civil Procedure Code.

For more details visit https://cis-india.org/internet-governance/blog/interview-with-mathew-thomas-from-the-say-no-to-uid-campaign

The net is taking over

praskrishna — 2014-02-04T05:57:16Z

For many days to come, people will speculate what caused Sunanda Pushkar's death last week in a New Delhi hotel. Did Union minister Shashi Tharoor's wife die of poisoning or a drug overdose? Wasn't she unwell? Was it suicide? Or was it murder? No less a matter of speculation has been the social media's role in the whole affair.

The article by Veenu Sandhu and Surabhi Agarwal published in the Business Standard on January 24, 2014 quotes Sunil Abraham.

Writer Suketu Mehta has called it "murder by Twitter". Pushkar's very public spat with Mehr Tarar, a Pakistani journalist, on the micro-blogging site, many psychologists feel, may have multiplied her anguish. Apart from other things, Tarar had tweeted: "The blonde's aqal is weaker thn (sic) her grammar & spellings." Still others believe Pushkar had the premonition that end was near, and it was there for all to see on social media. "Hasta hua jayega," (will go laughing), she had tweeted a few days before her death.

Social media is no longer time-pass in the country, certainly not with over 90 million users. The line that divides online and offline lives has blurred. Networking sites have begun to impact human behaviour. Lives are being lived in the open: open to comment, analysis and abuse. Mahesh Murthy, the founder of digital brand management firm Pinstorm, calls it the "demise of the culture of secrecy". This is the age, he says, "of diversity, of coming out in the open with sexual preferences et cetera. Social media will help slaughter sacred cows. It is a good thing to happen, except for the sacred cows." According to Murthy, the pitfalls of uncensored speech are for those "who think they can control their lives or are insecure".

But pitfalls are showing up. Some time ago, a high-profile couple from Delhi approached marriage and family counsellor Nisha Khanna. Their problem was aggravated by the wife's obsession with Facebook, to the extent that she would put out everything, including the ups and downs of her relationship with her husband, as status messages for the consumption of her social media friends and acquaintances. The husband was livid - he felt exposed. It took six months of rigorous counselling before the wife started controlling, though marginally, her social media behaviour. "We are seeing obsession, irrationality and an inability to spot the very thick line that divides the private from the public," says Varkha Chulani, clinical psychologist, psychotherapist and consultant with Lilavati Hospital in Mumbai. People, she adds, are looking for Facebook 'like' buttons even in real life.

Feelings of extreme happiness, depression, loneliness and even suicidal thoughts are being shared not with family and friends but with Facebook 'connections' and Twitter 'followers'. Tweets or status updates that point to suicidal tendencies, in particular, can be telling. Some of these key expressions are "depressed", "feeling abused", "it's over" or "empty inside". A study - Tracking Suicide Risk Factors through Twitter - conducted in the US last year found a strong correlation between the number of tweets that indicated suicidal intentions and the number of suicides committed.

Having realised that the platform is also being used as a medium to vent and express personal trauma, Facebook has, for about a year, been sending reports on profiles of people with suicide risk to Mumbai-based suicide helpline Aasra. "In the last one year, we have received 350 such email intimations concerning Indians," says Aasra Director Johnson Thomas. Aasra then mails that person to subtly and sensitively convey that there is help at hand, in case it is needed. Facebook and Twitter did not offer any comment for this article.

Decoding Social Media Slang

I am an aggregator who has left a cookie crumb trail (while writing this) for a machine algorithm to follow. So, can it point out to my boss the scoops and their origin? In all probability, yes. For an all-devouring algorithm, no crumb, no target, is too small. Algorithms (at their core, a step-by-step method for doing a job) can sound scary, but social media analysts depend on these little-understood, obscure mathematical creatures.

So, information posted publicly on blogs, Facebook, Twitter, and other sites are fair game for these data predators. Suppose you click ‘like’ on Facebook, you’re giving away a lot more than you might think. Your ‘likes’ can be pieced together to form an eerily true portrait of yourself. A study of 58,000 volunteers by Michal Kosinski and David Stillwell (University of Cambridge) and Thore Graepel (Microsoft Research, Cambridge) charts the chances of an accurate prediction: 67 per cent for single versus in a relationship, 73 per cent for cigarette smoking, 70 per cent for alcohol drinking, 65 per cent for drug use, 88 per cent for male homosexuality, 75 per cent for female homosexuality, and 93 per cent for gender.

Another point is not all data out there are cold facts. Far from that, most are sentiments and slang: sweet, bitter and often intimate. “Wazup homie!! howz it going!!” is a profound example. “‘Yo, homie, I'll be at my house in case you want to come kick it later” is another. How is a number cruncher such as an algorithm expected to crunch slang and emotions? But experts insist there’s a bull market in sentiments and foul language. And an emerging field known as sentiment analysis is taking shape. The simplest algorithms here work by scanning keywords to categorise a statement as positive or negative, based on a simple binary analysis (‘love’ is good, ‘hate’ is bad). But a more reliable analysis requires decoding many linguistic shades of gray. For example, to get at the true intent of a statement like ‘dude, i'm like......duuuude,’ the software will have to activate several different filters, including polarity (is the statement positive or negative?), intensity (what is the degree of emotion being expressed?) and subjectivity (how partial or impartial is the source?)

“People first thought that emotions expressed on social media were just cute and stupid,” says Sreeju Thankan who has done computer science and engineering from the Indian Institute of Technology Roorkee and is now working at Mango Solutions. “Now, they are recognising it as a rich vein.” But translating slang into binary code can be much tougher. “Sentiments are different from conventional facts,” says Thankan. “There is a long way for slang patrol to go.” For casual web surfers, a simpler sentiment-analysis tool, Tweetfeel, is available. It tells you the numbers of positive and negative tweets on a given topic. It also gives you their percentages. Its analysis is based not just on emoticons, but also words and phrases.

Ashish Sharma

Last October in Mumbai, a 17-year-old college student, Aishwarya Dahiwal, killed herself after her parents barred her from using Facebook. "Is Facebook so bad? I cannot stay in a home with such restrictions as I can't live without Facebook," her suicide note reportedly read. The parents were in utter shock. "Girls are more prone to putting personal and emotional messages on social networking sites," says Manju Chhabra, child counsellor who runs an organisation called Cactus Lily in Delhi. And they tend to get more affected by what people say and how they react. "And comments on this very impersonal medium which we are giving a very personal space can be very cruel."

Seema Hingorrany, a Mumbai-based psychologist, says one of her recent patients is a girl studying in Class 9. Her friend from school had uploaded a photo of herself, which got 200 'likes'. That upset the patient terribly because it reinforced her belief that she was unattractive and she became extremely upset, to the extent that her parents felt she needed counselling. Constant use of Facebook can affect one's self-esteem, if it's already low. Another of Hingorrany's patient was a 30-year-old who took to social media after he lost his job. But seeing other people's photos and updates made him increasingly jealous, and he began posting nasty comments. The recipients of his ire began "unfriending" him, which only made him more withdrawn.

Irrational behaviour can also be seen in the world of random video chat. Sites like Omegle and Chatroulette aim to bring together surfers together with the help of webcams. The promise is irresistible: an endless stream of visitors in your room. When Ashish Sharma (the author of the accompanying article) logged on, he met a gaggle of girls who giggled endlessly, a German painter who was looking for his muse and wanted him to pose in a state of undress, a Swede who danced around and asked him to sing in praise of his bottom, and a man with an iron mask. It was crude and shocking. The excessively sexual behaviour can be unsettling for an unsuspecting (and young) visitor.

There is another side to it. "Twitter posts," says an article posted on rediff.com, "have saved lives. A man lost on a ski slope in Switzerland got help when he tweeted his predicament. Another got bail from arrest as his friends discovered from a tweet that he was jailed in a foreign country." Human resource managers check out the profiles of job applicants on social media. "People might mask many judgmental things in an interview; there is a possibility that they might express it on social media," says Debdas Sen, leader of technology consulting, PricewaterhouseCoopers. "Inclusion and diversity are important for us." But job seekers have become wise to it. That's why many airbrush their social media profiles. All politically incorrect posts are removed. Friends are treated lavishly offline so that they write nice posts on Facebook pages. Some even hire professional photographers for as much as Rs 20,000 to paste good profile pictures.

But those who hire have started to see through it. Says Murthy of Pinstrip, "One can easily figure out the truthfulness of your statements by seeing what your friends are saying." One human resource manager says he pays more attention to what people post after 10 pm because "it tends to be more truthful". A senior functionary of a Gurgaon-headquartered firm says that he had hired somebody after he had found nothing suspicious on his LinkedIn profile; it was only later he found out that this person had been involved in some financial misdemeanour in his earlier job. "His LinkedIn profile had no clues, he was not on Facebook. That should have struck me," he says. Of course, the person was asked to leave.

Sunil Abraham, the executive director of Bangalore-based Centre for Internet and Society, says social media has made people forget the distinction between private, semi-private and public statements. "Speech used to be ephemeral, but Internet has given it the power it never had," he says. "Internet never forgets." The fact that traces of a communication may remain in cyberspace even after they have been deleted has prompted a legislation called the Right to Erasure by the European Union. Under the law, earlier called Right to be Forgotten, an individual can request all his data to be erased, including by third parties. India is also mulling a similar legislation under its Privacy Bill.

Those at the bottom of the social pyramid, who have little to lose, express themselves most freely on social media, while those with reputations to protect are cautious. The consequences can be serious, as the Mumbai girl who questioned the city's shutdown after Bal Thackeray's death in November 2012 on Facebook and her friend who "liked" realised: both were called in by the police. It's not surprising why even standup comedians, who can't resist taking potshots at one and all, turn extremely careful before they tweet.

So, is social media good or bad? "Social media can help," Amartya Sen said at the recent Jaipur Literature Festival, "But you must read more books".

For more details visit https://cis-india.org/news/business-standard-january-24-2014-veenu-sandhu-surabhi-agarwal-the-net-is-taking-over

Internet Governance and India: The Way Forward

praskrishna — 2014-02-03T10:33:53Z

Snehashish Ghosh is participating in this event organized by the Observer Research Foundation on January 22 in New Delhi.

The Internet Governance Forum’s (IGF) purpose is to support the United Nations Secretary-General in carrying out the mandate from the World Summit on the Information Society (WSIS) with regard to convening a new forum for multi-stakeholder policy dialogue. The eighth edition of the Internet Governance Forum started on October 22, in Bali, Indonesia. Representatives of governments, intergovernmental organisations, private sector, technical and academic community and civil society gathered together to discuss Internet governance related issues, under the general theme of “Building Bridges – Enhancing Multistakeholder Cooperation for Growth and Sustainable Development”. Cybersecurity, open internet, freedom of expression, protection of human rights were some of the topics discussed and debated at the three day conference. There was also a mutual consensus amongst the participants on the multistakeholder model for internet governance.

Programme

10.30: Registration/Tea
11.00: Opening Remarks by Mahima Kaul, Fellow-ORF
11.10: Subi Chaturvedi, Assistant Professor Journalism & Communication, Lady Shri Ram College for Women & Founder Trustee Media For Change
11.25: Dr. Anja Kovacs, Director, Internet Democracy Project, New Delhi.
11.40: Dr. Govind, CEO, National Internet Exchange of India, Department of Electronics and Information Technology, Government of India.
11.55: Virat Bhatia, Chairman, FICCI Communications & Digital Economy Committee and President, IEA AT&T, SouthAsia
12.10: Question and Answer
12.50: Concluding remarks
13.00: Lunch, ORF Lounge.

Speakers Biography

Subi Chaturvedi, Asstt. Professor Journalism & Communication, Lady Shri Ram College for Women & Founder Trustee Media For Change.

Ms. Chaturvedi strives to promote the role and participation of the youth, women and girls in ICT and the policy dialogue and decision making, along with Improving e-governance and deepening democracy through 'media for change'. She also works on building bridges between different stakeholders in IG and enabling conversations on the national and domestic level on important policy concerns such as cybersecurity, openness, universality, human rights, permission less innovation and freedom of speech and expression online, through roundtables, workshops, public hearings and youth meets (Internet Dialogues) for India.

She also actively participates in domestic as well as International meetings on Internet governance and enhanced cooperation to represent her stakeholder perspective, especially as a women academician and a member of the media and civil society from a developing country and an emerging economy. She often writes opinion and edits pieces for national dailies, journals and provides inputs and commentary to the electronic media to inform the debate and dialogue on Internet Governance policy questions

Dr. Anja Kovacs, Director, Internet Democracy Project, Delhi
Dr. Anja Kovacs directs the Internet Democracy Project, Delhi, where her work focuses on questions regarding freedom of expression, cybersecurity and the architecture of Internet governance as they relate to the Internet and democracy. She is currently also a member of the of the Investment Committee of the Digital Defenders Partnership and of the interim Steering Group of Best Bits, a global network of civil society members. In addition, Anja has worked as an international consultant on Internet issues, including for the United Nations Development Programme Asia Pacific and the UN Special Rapporteur on Freedom of Expression, Mr. Frank La Rue, and has been an IREX Fellow and a Fellow at the Centre for Internet and Society in Bangalore. Prior to focusing her work on the information society, Anja researched, lectured and consulted on a wide range of development-related issues, including at the University of East Anglia, Norwich, and Ambedkar University, Delhi. She obtained her PhD in Development Studies from the University of East Anglia in the UK.

Dr. Govind, CEO, National Internet Exchange of India, Department of Electronics and Information Technology, Government of India

Virat Bhatia, Chairman, FICCI Communications & Digital Economy Committee and President, IEA AT&T, SouthAsia
As Chairman of the FICCI Communications and Digital Economy Committee, Mr. Bhatia currently leads the combined advocacy and policy reform efforts of nearly 150 members - representing leading telecom industry associations, mobile service providers, domestic and long distance service providers, ISPs, internet companies, social media, infrastructure and tower companies, device manufacturers, consultants, legal experts and other related stakeholders in India’s ICT space. He is appointed as a member of the Joint Working Group (JWG) which drafted the “Guidelines on Protection of National Critical Information Infrastructure”, later released by the NSA in June 2013. He serves on the Multistakeholder Advisory Group (MAG) of DeitY for India IGF, and in the past, on the JWG dealing with issues of cyber security.

At AT&T, Mr. Bhatia serves as President, IEA, for the South Asia region. He has responsibility for supporting all of AT&T’s businesses, corporate development activities, new investments and business strategies. He has been involved with the digital economy sector since 1994.

For more details visit https://cis-india.org/news/internet-governance-and-india-the-way-forward

Multistakeholders Consultation on International Public Policy Issues

praskrishna — 2014-02-03T10:07:54Z

The Department of Electronics & Information Technology has called for a meeting on January 21 in New Delhi to discuss international public policy issues. Snehashish Ghosh will participate in the meeting.

MAG Meeting Notice issued by the Department of Electronics & Information Technology on January 13 can be accessed here.

For more details visit https://cis-india.org/news/multi-stakeholders-consultation-on-intl-public-policy-issues-january-21-2014