We are anonymous, we are legion

Best Bits 2012

praskrishna — 2012-12-06T06:46:17Z

Best Bits organized a workshop at the IGF. It was held on November 3 and 4, 2012. Pranesh Prakash and Elonnai Hickok participated in the event.

Agenda

Day 1, Saturday, November 3, 2012

9.00 - 10.45	Internet governance history and review Mapping Internet governance – institutions and actors Last 20 years of Internet governance: ITU, ISOC, WSIS and IGF Last 2 years – ACTA, SOPA/PIPA and online activism eg. StopTheMeter.ca, government assertions of sovereignty over IG Southern perspectives on global Internet governance
11.00 - 12.45	The ITU and the International Telecommunications Regulations What are the real dangers of the proposed ITR revisions? Remaining opportunities for input into the WCIT process How to engage with your national delegation to the ITU Beyond WCIT – WTPF, WTSA, IMPACT, and the Dedicated Group
12.45 - 14.00	Lunch and networking break
12.00 - 17.30	Drafting a civil society statement to WCIT Draws together points of consensus Defines the legitimate role of the ITU Judges it against the WSIS criteria Refers to statement on IG principles

Day 2, Sunday, November 4, 2012

9.00 - 10.30	Declarations of Internet rights and Internet governance principles Background to Internet principles declarations 1999 to 2012 Declaration of Internet Freedom – first and second iterations Other current initiatives – “rival” Declaration, Marco Civil, etc. Respective advantages of consolidation and maintaining diversity
10.45 - 12.15	Process towards enhanced cooperation on Internet public policy issues If not the ITU, then what? The global vacuum on Internet-related public policy issues Likely scenarios (favourable or not) if the vacuum is not filled Discussion of reform proposals – Committee on Internet Related Policies, Enhanced Cooperation Task Force
12.15 - 13.00	Lunch and networking break
13.00 - 16.00	Drafting civil society IG principles for the IGF Development of existing statements Reinforces multi-stakeholder approach Suggests roadmap for improved implementation of enhanced cooperation
16.15 - 17.45	Next steps Making an inclusive civil society network on IG issues sustainable Other existing civil society+ networks – Internet Defence League, Internet Governance Caucus, Global Network Initiative, CSISAC, OpenMedia network, Internet Progress Administration Recap of upcoming events and campaigns for possible joint action

Participants

Alejandro Pisanty
Andrew Puddephatt
Anja Kovacs
Anna Orlova
Anriette Esterhuysen
Antonio Medina Gomez
Arthit Suriyawongkul
Ashnah Kalemera
Avri Doria
bdelachapelle
Brett Solomon
Carlos Alberto Afonso
Claudio Ruiz
Deborah Brown
Dixie Hawtin
Donny B U
Elonnai Hickok
Emma Llanso
Fouad Bajwa
Gene Kimmelman
Iarla Flynn
Imran Ahmed Shah
Jeremy Malcolm
Joana Varon Ferraz
Jochai Ben-Avie
Joonas Mikael Mäkinen
Joy Liddicoat
Katitza Rodriguez
Kevin Bankston
LAURA ABBA
matthew shears
Mawaki Chango
Michael Gurstein
Nnenna Nwakanla
Norbert Bollow
Parminder Jeet Singh
Pranesh Prakash
Premila Kumar
Raquel Gatto
Rashmi Rangnath
Sanja_Kelly
Shahzad Ahmad
Shita Laksmi
STEFANO TRUMPY
Stephanie Borg Psaila
Sylwia Rudnik
Tapani Tarvainen
Theresa Züger
Valeria Betancourt
William Drake
Wolfgang Kleinwächter

Attending Remotely

AHM Bazlur Rahman
Alex Comninos
Baudouin SCHOMBE
chaitanyabd
cveraq
De
encels
Fatima Cambronero
ganda
Hanane
Hindenburgo Francisco Pires
Jorge Gonzalez
Julian Casasbuenas G.
Lorna Tingu Makuma
Narine Khachatryan
natienciso
Pitshou Bulembi Ndongala
richaraix
rohanjay
Siranush Vardanyan
Sonigitu Asibong Ekpe
Susan Coughtrie
thierrys
vinsolo
Virginia Paque

For more details visit https://cis-india.org/news/best-bits

Cloudy Jurisdiction: Addressing the thirst for Cloud Data in Domestic Legeal Processes

praskrishna — 2012-12-09T01:00:49Z

Elonnai Hickok was a panelist at this workshop held at the IGF in Baku, Azerbaijan on November 7, 2012. The workshop was co-organised by Electronic Frontier Foundation (Peru) and University of Ottawa.

The use of cloud services is rising globally. Cloud computing and storage are uniquely tailored to take full advantage of our increasingly networked environment. However, a move to the cloud also entails tangible challenges as vast repositories of information once kept within the sacrosanct safety of the home computer are placed on a remote server in the control of a third party. While the protections of home storage and processing can be replicated in the cloud, legal norms have been slow to adopt. Jurisdiction, the classic internet governance question, is raised in particularly stark contrast in the move to the cloud, as placing user data can subject that data to the legal access laws of any (or even many) jurisdictions in the world.

While there are indicators that such data is being accessed at increasing and alarming rates, globally, yet even the dimensions of the problem remain obscure. What is needed is a set of shared international norms relating to transparency, data sovereignty and lawful access to private information. In recent years, however, International forums have appeared much more eager to adopt international standards for data access (be it to combat cybercrime, secure critical infrastructure, or help intellectual property holders uncover alleged infringers of their rights) than for data sovereignty. Standards need to be developed that will provide a basis for the special challenges to cross-jurisdictional privacy that the move to the cloud highlights. This panel will examine the need for such a cross-jurisdictional framework, what one might look like, and, importantly, how one might bring such a framework about where the issue appears to be a low priority for many national governments.

Agenda
The objective of this panel is to attempt to resolve some of the trans-border threats to civil liberties that are posed by the move to the cloud. If a baseline of privacy protection can be assured at the international level, concerns over limiting data flows on the basis of jurisdiction will be alleviated. This panel will be divided into two parts. The first part will discuss some of the challenges raised by the cloud environment for traditional civil liberties paradigms. The discussion in part two will be solution-driven—what rules can be put in place at the international level to alleviate the heightened risk to privacy and other civil liberties raised by a cloud-centric model.

Part 1: Cloud-based threats to cross-border civil liberties (45 mins)
This part will discuss some of the challenges to civil liberties arising from a cross-border cloud-based environment. The panel will be further sub-divided into 25-30 minutes of panelist input, followed by 15-20 minutes of general discussion. Panelists will be asked to spend 3-5 minutes highlighting what they view as the most pressing of these challenges may be.

This might include specific recurring problems that have arisen in many comparable online contexts, as they relate to the cloud such as, for example:

legal obligations to build in intercept capacity into Internet services (compare CALEA 2.0 efforts in US, Lawful Access in Canada, and domestic server obligations such as those imposed on RIM by India and others in order to facilitate access to data that is encrypted in transit).
Concerns that many legal regimes permit voluntary conduct without adequate safeguards for political pressure on companies, particularly smaller businesses, to comply with requests.
Inability to challenge surveillance laws because the programs are shrouded in secrecy, because individuals are never made aware they have been surveilled, because of standing issues, etc.
Ability for ‘one-stop access’: cloud centralizes mass amounts of data in one place. This concentration as well as a general erosion of traditional criteria designed to ensure surveillance is targeted in a way that impacts minimally on the general populace.
Nascent suggestions of informal information sharing arrangements through MLATs and less transparent more informal arrangements.

Part 2: Adopting protections at the International level (45 mins.)
The discussion in Part 2 will focus on how some of these problems can be addressed at the international level by adoption of a set of principled protections designed to meet the realities of online and specifically cloud services. The focus is on problem resolution.

Format for Part 2 will mirror that of Part 1. Panelists will be provided with 3-5 minutes each and asked to present their views on one or two solutions that can be adopted at the international level to the problems presented in part 1. The remainder (20-25 minutes) will be dedicated to general discussion.

It is hoped that the discussion will explore specific protections that might be adopted at the international level, how to advance those solutions, and what strategies can generally advance these objectives, on the advocacy front, by use of transparency tools to increase awareness of some of the issues.

Questions to think about:

Historically, interception of communications received the strongest protection at law, but it relied to a great extent on the act of interception coinciding with the communication itself. Should we be expanding this to other means of communications?
Do we have effective mechanisms to immunize private organizations from political pressure to voluntarily share information? Particularly, a lot of small companies can now have a lot of information. Are they well equipped to resist political pressure
Does the content/traffic data distinction still hold? Do we need a new framework for analysing the types of data produced as a natural byproduct of our online activities?
Can the MLAT regime form the basis for ensuring fundamental rights are respected in legitimate cross-border surveillance activities? If so, what would it take to have it reflect a baseline of protections?
Is it feasible to develop and formally adopt detailed limitations on state access at the international or regional level?
Is cloud-based info susceptible to unauthorized state access in new ways? Is this something the law can fix (mandate encryption in storage or other safeguards)? Social engineering concerns?

Background Reading:

The Draft International Principles on Surveillance & Human Rights: http://necessaryandproportionate.org/
Global Network Initiative, "Principles on Freedom of Expression and Privacy", http://www.globalnetworkinitiative.org/sites/default/files/GNI_-_Principles_1_.pdf
I. Brown & D. Korff, “Digital Freedoms in International Law”, GNI 2012, http://wsms1.intgovforum.org/sites/default/files/Digital%20Freedoms%20in%20International%20Law.pdf
J. McNamee, “Internet Intermediaries: The New Cyberpolice?”, GIS Watch, http://www.giswatch.org/sites/default/files/gisw_-_internet_intermediaries_-_the_new_cyber_police_.pdf
A. Escudero-Pascal & G. Hosein, "The Hazards of Technology-Neutral Policy: Questioning Lawful Access to Traffic Data", (2004) 47(3) ACM 77, http://web.it.kth.se/~aep/PhD/docs/paper6-acm-1905-reviewed_20021022.pdf
HRC, “Protect, Respect and Remedy: A Framework for Business and Human Rights”, April 2008, A/HRC/8/5, http://198.170.85.29/Ruggie-report-7-Apr-2008.pdf
HRC, “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy” Framework”, March 2011, A/HRC/7/31, http://www.ohchr.org/Documents/Issues/Business/A-HRC-17-31_AEV.pdf
ACLU, “New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance”, Sept 2012, http://www.aclu.org/blog/national-security-technology-and-liberty/new-justice-department-documents-show-huge-increase

Organiser(s) Name:

Katitza Rodriguez, International Rights Director, Electronic Frontier Foundation (Peru)
Tamir Israel, Staff Lawyer, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC), University of Ottawa (Canada)

Previous Workshop(s):

Submitted Workshop Panelists:

Chair: Katitza Rodriguez, International Rights Director, Electronic Frontier Foundation; (US/Peru) (Civil Society) / Confirmed

Ian Brown, Senior Research Fellow, Oxford Internet Institute (EU) (Academic) / Confirmed
Bertrand de la Chapelle, Program Director at International Diplomatic Academy (EU) (Civil Society) / Confirmed
Marc Crandall, Global Compliance, Google (US) (Private Sector)
Elonnai Hickok, Policy Associate, Centre for Internet & Society (India) (Civil Society) /Confirmed
Sophie Kwasny, Head of Data Protection Unit, Data Protection & Cybercrime Division, Council of Europe (IGO) / Confirmed
Bruce Schneier, Chief Security Technology Officer of BT (US) (Private Sector) / Confirmed
Wendy Seltzer, Policy Counsel, W3C (US) (Technical Community) / Confirmed

Name of Remote Moderator(s): Paul Muchene, iHub Nairobi (Kenya) (Private Sector) Assigned Panellists: de La Chapelle - Bertrand Rodriguez - Katitza Brown - Ian Schneier - Bruce KWASNY - Sophie Seltzer - Wendy Crandall - Marc

For more details visit https://cis-india.org/news/cloudy-jurisdiction-addressing-the-thirst-for-cloud-data-in-domestic-legeal-processes

Power to youth

praskrishna — 2012-11-06T06:10:57Z

The inclusion of young politicians in the recent reshuffle saw the average age of the Union Cabinet come down. But this is just the tip of the iceberg. Across sectors, a new order is emerging as the next generation takes over the reigns. It has been one of our biggest paradoxes - a country which has one of the youngest populations in the world has not been harnessing the energy, verve and change-making abilities of its young.

The article published in the Hindustan Times on November 3, 2012 names Sunil Abraham and Lawrence Liang as some of the young people who are shaping the future...

The Cabinet reshuffle saw the elevation of younger politicians to the higher echelons of power, but these new appointments symbolise the coming of age of an entire generation. Across other sectors too - business, entertainment, activism, publishing - the young are slowly but surely assuming power and extending their influence.

These people are in positions to change the way we live, think, work and play. The future is here. Here's a look at some of those who are shaping it...

1) Sachin Pilot, 35, corporate affairs minister
He is the youngest minister in UPA-II and a two-term MP. He recently became an officer in the Territorial Army. In the cabinet reshuffle, he was elevated to minister of state with independent charge of corporate affairs. He promised to look into corporate irregularities and wants corporate affairs to be an enabling ministry that reduces red tape.

2) Jyotiraditya Scindia, 41, power minister
He is a three-time MP. He has done much for his state, Madhya Pradesh, including computerising state post offices, strengthening BSNL services, setting up industries, and constructing roads. He recently took over the power ministry (independent charge) and said that rural electrification and fuel generation are his priorities.

3) Arvind Kejriwal, 44, activist-turned-politician
An IIT-Kharagpur graduate, he worked for the revenue service before becoming an activist. He joined the RTI movement. In 2006, set up his own NGO and was awarded the Ramon Magsaysay award for his contribution to RTI. In 2011, he successfully planned Anna Hazare's Lokpal movement. He recently launched his own political party.

4) Siddharth Roy Kapur, 38, MD, UTV Studios
One of the most powerful people in Indian entertainment, he was responsible for many hit films under the UTV banner including Jodhaa Akbar, Fashion, Dev D, Kaminey, Raajneeti, Udaan, Peepli [Live], Delhi Belly and in 2012, Paan Singh Tomar and India's entry to the Oscars, Barfi. He has also been instrumental in the strategic tie-up with Disney.

5) Manish Tewari, 47, Union I&B minister
Tewari is a first-time MP. He joined the Youth Congress in 1981 and became its president in 1998. After 2008, he became a popular choice to publicly articulate the party's views. In the reshuffle, he was given the information & broadcasting ministry with independent charge. He has set cable digitisation and the problem of paid news high on his agenda.

6) Cyrus Mistry, 43, deputy chairman, Tata Sons
Mistry will be 44 in December when he takes over Ratan Tata's mantle at Bombay House. He joined Shapoorji Pallonji & Co as director in 1991. He is considered more of an 'insider' in the Tata Group. A graduate of Imperial College, UK and London Business School, he has stayed away from the limelight for much of his career, not unlike Tata.

7) JBS Sangha, 44, agricultural entrepreneur
From a mere seven acres, his business has grown to 5500 acres, producing 55,000 tonnes of potatoes annually. A poster boy of Indian agriculture and a student of plant breeding, he took his father's business to a new heights using cutting-edge biotechnology. He uses newer cold storage techniques and opted for eco-friendly pest control.

8) Deepinder Goyal, 29, founder-CEO, Zomato.com
An IIT Delhi graduate, Goyal launched Foodiebay.com in 2008 as an online database of restaurant menus from the NCR. The site, now famous as Zomato.com, is India's largest online restaurant guide covering over 40,000 restaurants in 12 cities. The site even has smartphone applications for Apple, Windows, Android and Blackberry.

9) Anurag Kashyap, 40, film director
One of the most revered new-age directors of Indian cinema, Kashyap has transformed the way Bollywood movies are perceived. He has been instrumental in merging genres of realistic art-house cinema and mainstream commercial song-drama films. With powerful films such as Black Friday, Dev D, Gulaal and Gangs of Wasseypur, Kashyap is now recognised as a bankable film maker.

10) Ajay Dubey, 37, RTI and environmental activist
A Chhatisgarh resident, Dubey took the case of tiger conservation to its logical conclusion - a ban on tiger tourism in core areas. After his management degree, he took up activism and set up his own NGO, Prayatna, which started its first campaign for a ban on polythene. Of late, he has taken to legal advocacy fighting diverse cases such as environmental laws in mining, police reforms and other issues.

11) Shantanu Prakash, 47, founder, Educomp
He founded Educomp Solutions Ltd in 1994 after graduating from IIM-A. He began by setting up computer labs in schools on borrowed money. Educomp is a first-of-its-kind teacher-led educational content-based solution designed to improve learning. Featured in the Forbes 'Best Under a Billion' list, Prakash runs 27 offices worldwide working with over 26,000 schools and 15 million students.

12) Sachin Bansal, 31, CEO and co-founder of Flipkart
In 2007, Sachin and Binny Bansal (29) - pooled together Rs. 4 lakh to start an online bookstore, Flipkart.com. The venture was a high risk. But the Bansals (not related), IIT Delhi graduates, realised that quality of service was key - a lesson they learnt as engineers at Amazon.com. Four years down the line, Flipkart has roped in millions of dollars in investment becoming a successful e-retail store.

13) Hibi Eden, 29, green activist-MLA
Eden is the youngest of Kerala's green brigade of six young legislators who cried foul when the Planning Commission's Montek Singh Ahluwalia said Kerala should utilise its paddy fields for non-agricultural purposes. They started healthy debates on the environment, deforestation and criminalisation of politics. Their persistent campaign has forced the establishment to dump many environmentally hazardous programmes.

14) Akhilesh Yadav, 39, UP chief minister
He is the youngest ever CM of UP and the son of Samajwadi Party chief, Mulayam Singh Yadav. He has been widely credited with the party's thumping victory in the state assembly elections this year increasing their seats from 97 in 2007 to 224. He has attempted to move away from the image of 'goonda raj' (thug rule) which critics thought characterised Samajwadi's earlier regime.

15) Jeh Wadia, 37, managing director, GoAir
Wadia inherited an empire from his parents, Nusli and Maureen, and became one of the youngest chiefs in the aviation sector when he started GoAir, a low-cost airline, in 2005. He is currently the managing director of the 132-year-old textiles and retail business, Bombay Dyeing. He also sits on the boards of Brittania and Bombay Burmah. In 2008, the World Economic Forum elected him as a Young Global Leader.

16) Rakesh Senger, 38, child rights activist
Senger has saved a generation of children from exploitation - child labour, trafficking, organ trade and begging. A decade and a half into his calling, he helps the police raid places involved in child labour, disguises himself as a beggar to crack the children beggar mafia, and lobbies for children-friendly policies. His vision, with his organisation Bachpan Bachao Andolan, is to see every child in school.

17) VK Karthika, 44, chief editor-publisher, Harper Collins India
Karthika began her career as an editorial assistant at Penguin India after dropping out of JNU 15 years ago. She steered Harper Collins to its current position as a leading English-language publisher in India. Under her lead, Harper Collins has published successful writers like Rana Dasgupta (Solo), Manu Joseph (Serious Men) and Hussain Naqvi (Homeboy) and has nurtured a great deal of fresh writing talent.

18) Anurag Thakur, 38, MP and president, Bharatiya Janata Yuva Morcha
As a cricket administrator, he has put Himachal Pradesh on the world 'cricket map' by aiding the construction of a cricket stadium in Dharamsala, which has hosted three editions of the IPL. He is also promoting other games actively. "I see India as young nation with a billion dreams, ready to lead and inspire the world," he says.

19) Sunil Abraham, 39, executive director, Centre for Internet and Society
He started CIS in 2008 to deal with digital pluralism, public accountability and pedagogic practices. In 1998, he founded Mahiti, an IT and communication solutions firm. He was elected an Ashoka fellow to explore the internet's democratic potential. His activism focuses on limitations of the intellectual property rights regime, emerging alternatives and piracy.

20) Raj Thackeray, 44, founder, Maharashtra Navnirman Sena
He started his political career with his uncle and Shiv Sena-head Bal Thackeray, but left in 2006 to form the MNS. His politics is defined by protests against migrants, particularly from UP and Bihar. Thackeray and his party have been criticised for using violence and he faces several charges for incitement. His popularity rose after he won substantial votes in the recently held municipal elections.

21) Riyaaz Amlani, 37, CEO & MD, Impresario Entertainment & Hospitality
He runs more than 27 establishments including the likes of Salt Water Cafe, Mocha and Smoke House Grill across eight cities. An entertainment management graduate from UCLA, Amlani returned to develop Mumbai's first go-karting track. He worked with Pritish Nandy Communications before starting Impresario Entertainment & Hospitality, the company that owns the Mocha Cafè chain.

22) Lawrence Liang, 37, co-founder, Alternative Law Forum
Liang emerged as a voice against politics of "intellectual property". He is an Indian-Chinese legal researcher based in Bangalore and is known for his legal campaigns on public issues. Started in 2000, his forum provides legal support to people without access to legal services. It also conducts research on globalisation, urban studies, gender and intellectual property.

23) Francisco D'Souza, 43, CEO, Cognizant
D'Souza helped found the Nasdaq-100 company in 1994 and took over as CEO in 2007. During his tenure as Cognizant's CEO, revenues have grown from $1.4 billion to over $6 billion and the company has emerged as one of India's fastest growing tech companies. A son of an Indian diplomat, Francisco has lived in nine different countries and obtained his MBA degree from Carnegie-Mellon University.

24) Rohini Iyer, 32, MD, Raindrop Media
Her company is one of India's largest publicity firms. Most Bollywood A-listers are her clients and she is the publicist for three leading ladies - Katrina Kaif, Kareena Kapoor and Vidya Balan. Her other clients include Ranbir Kapoor, Abhishek Bachchan and John Abraham. Iyer has been featured in the Verve Power List, as well as Femina's list of 25 most powerful women in India, from the field of entertainment.

25) Milind Deora, 35, MoS telecom & IT
One of the youngest members of Lok Sabha, Deora was given additional charge of shipping in the recent Cabinet reshuffle. He says, "I think young people alone can't solve India's problems. There should be a good mix of experienced and young minds to bring about reforms and improve administration." He says he will work for making India a hub for ship maintenance and is also going to push for reforms in the telecom sector.

26) Lakshmi Venu, 29, executive-director, Sundaram Clayton
The daughter of TVS chairman Venu Srinivasan, Lakshmi is a topper from the Sishya School, Chennai, a Yale graduate and a PhD from the University of Warwick. She started as a management trainee in Sundaram Auto Components, a subsidiary of Sundaram Clayton, in 2003. She won her current position the hard way. She also had a stint with TVS Motor, another sub-division of the company.

27) SK Mahto, 38, deputy CM, Jharkhand
Head of the All Jharkhand Students Union Party, an ally in the BJP-led ruling coalition, he has been a minister in each government since Jharkhand's creation in 2000. His biggest achievements have been smooth conduct of the panchayat polls held in the state in 2009 after a gap of 29 long years and the 34th National Games held there last year. He is the undisputed leader of his party, which has six members in the state assembly.

28) Dhruv Ghanekar, 38, co-founder, Blue Frog
A composer by profession, he has co-created 3000 projects for ad films and alternative movies. His 2009 solo album Distance was a huge success. He has performed with famous musicians like Karl Peters, Louis Banks, Adrian D'Souza, Ustaad Zakir Hussain, AR Rahman, Etienne M'Bappe and Louis Banks. He now awaits the release of Broken Thread, an international film for which he has recorded music.

29) Chiki Sarkar, 35, Publisher, Penguin India
An Oxford graduate, Sarkar worked at Bloomsbury Publishing in London for seven years. In 2006, she became Editor-in-Chief of Random House India. Her picks that became award-winners include Shehan Karunatilaka's Chinaman, Mohammed Hanif's A Case of Exploding Mangoes and Aman Sethi's A Free Man. Last year, she took over as head of Penguin Books, India's largest English-language publishing house.

30) Glenn Saldanha, 41, CMD, Glenmark Pharmaceuticals
Saldanha joined the company after his father's demise in 1998 and became MD and CEO in 2001. Within a few years, he has transformed the company from just a local generics business to a research and innovation driven organisation. He has personally strategised the company's emergence as a leader in the discovery of new molecules.

31) Anirban Das Blah, 34, MD, CAA KWAN
KWAN is one of India's largest celebrity management firms. Under Blah's leadership, it tied up with Creative Artists Agency, the world's largest entertainment and sports agency. He specialises in motion films, television, music, commercial endorsements, sports consulting, licensing and merchandising. He represents many rising stars including Frieda Pinto, Dev Patel and other Indian celebrities.

Compiled by: Aurangzeb Naqshbandi, B Vijay Murty, Gaurav Choudhury, KV Lakshmana, Manjula Narayan, Nagendar Sharma, Naveen Ammembala, Neha Sharma, Neyaz Farooquee, Panna Saroopa, Rahul Noronha, Rajeev Bhaskar, Ranjan Srivastava, Samar Khurshid and Swati Chitnis.

This list is not in order of any ranking. The people chosen for this list are below 50 in age (except entertainment, where the cut-off age has been kept at 40 years).

For more details visit https://cis-india.org/news/hindustan-times-india-news-new-delhi-nov-3-2012-power-to-youth

Indian Government's Submission to ITU

pranesh — 2012-12-09T00:48:10Z

The following is the text of the submission made by the Government of India to the World Conference of International Telecommunications, Dubai on November 3, 2012. This is the final version of a draft that was circulated earlier.

Read the detailed comments on India's draft proposal on the Proposed Amendments to the ITU’s ITR’s – November 3, 2012

World Conference on International Telecommunications (WCIT-12) Dubai, 3-14 December 2012
PLENARY MEETING														Document 21-E 3 November 2012 Original: English

India (Republic of)

PROPOSALS FOR THE WORK OF THE CONFERENCE

Introduction

We recognise and appreciate the efforts of International Telecommunication Union in preparing the Draft on proposed ITRs for WCIT 2012.

The attached proposal is developed through a consultation process involving various stakeholder groups, both, in Indian Public and Private sectors. Due consideration has been given to the existing legislations and government policies in the preparation of this proposal. We acknowledge that since 1988, there have been significant changes and challenges in Telecommunications / ICTs in terms of Technological breakthroughs, New Services and Market Structure. Acknowledging this fact, India’s proposal is offered in the form of addition (ADD) or modification (MOD) only on some of the relevant proposals, by giving reference to the appropriate CWG/4/XXX number mentioned in the Annex 2 of the ITU Document 4(Add.2)-E. Considering the magnitude of issues in International Telecommunications, India may take appropriate stand on other provisions of the draft ITR document during the WCIT discussions.

Further, the proposals from different regions to the conference as well as its preparatory process were carefully studied. In order to help the conference achieve a consensus on the various issues being discussed, the content of this proposal has been largely drawn from the output of the Council Working Group on WCIT (WCIT/4 Add.2 ” Draft of the future ITRs”).

A new proposal on 5A: Confidence and Security of Telecommunications/ICTs is also included as India believes that an international framework on Security is of importance in today’s connected world.

INTERNATIONAL TELECOMMUNICATION
REGULATIONS
PREAMBLE

MOD	IND/21/1

1 While the sovereign right of each Member State to regulate its telecommunications is fully recognized, the provisions of the present International Telecommunication Regulations (hereinafter “Regulations”) complement the Constitution and Convention of the International Telecommunication Union, with a view to attaining the purposes of the International Telecommunication Union in promoting the development of telecommunication services and their most efficient operation while harmonizing the development of facilities for world-wide telecommunications.

Reasons: This Proposal is based on CWG /4 A 2/3.

Article 1

Purpose and Scope of the Regulations

ADD IND/21/2

3A c) These Regulations recognize that Member States should endeavour to take the necessary measures to prevent interruptions of services and ensure that no harm is caused by their operating agencies to the operating agencies of other Member States which are operating in accordance with the provisions of these Regulations.

Reasons: This Proposal is based on CWG /4 A 2/12.

ADD IND/21/3

3B d) These Regulations recognize the absolute priority for safety of life telecommunications, including distress telecommunications, emergency telecommunications services and telecommunications for disaster relief as provided in Article.

Reasons: This Proposal is based on CWG /4 A 2/14.

Article 2

Definitions

ADD IND/21/4

14A 2.1A Telecommunication/ICT: Any transmission, emission or reception, including processing, of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems, having a bearing on Telecommunication Technologies and Services.

Reasons: This Proposal is based on CWG /4 A 2/48.

ADD IND/21/5

27A 2.11 Transit rate: a rate set by the point of transit in a third country (indirect relation).

Reasons: This Proposal is based on CWG /4 A 2/74.

ADD IND/21/6

27C 2.13 Spam: information transmitted over telecommunication networks as text, sound, image, tangible data used in a man-machine interface bearing advertizing nature or having no meaningful message, simultaneously or during a short period of time, to a large number of particular addressees without prior consent of the addressee (recipient) to receive this information or information of this nature.

Reasons: This Proposal is based on CWG /4 A 2/78.

ADD IND/21/7

27D 2.14 Hub: a transit center (or network operator) that offers to other operators a telecommunication traffic termination service to nominated destinations contained in the offer.

Reasons: This Proposal is based on CWG /4 A 2/80.

ADD IND/21/8

27E 2.15 Hubbing: the routing of telecommunication traffic in hubbing mode consists in the use of hub facilities to terminate telecommunication traffic to other destinations.

Reasons: This Proposal is based on CWG /4 A 2/82.

ADD IND/21/9

27F 2.16 Network fraud: (fraud on international telecommunication networks): The causing of harm to operating agencies or to the public, the wrongful obtaining of gain in the provision of international telecommunication services through abuse of trust or deception, including through inappropriate use of numbering resources.

Reasons: This Proposal is based on CWG /4 A 2/87.

ADD IND/21/10

27G 2.17 Global telecommunication service (GTS): A service which enables communication to be established through a global number between subscribers whose physical location and national jurisdiction have no bearing on the tariff to be set for the service’s use; which satisfies and complies with recognized and accepted international standards; and which is provided over the public telecommunication network by operating agencies having obtained the relevant numbering resources from ITU-T.

Reasons: This Proposal is based on CWG /4 A 2/89.

ADD IND/21/11

27H 2.21 Originating Identification: The Originating Identification is the service by which the terminating party shall receive the identity information in order to identify the origin of the communication.

Reasons: This Proposal is based on CWG /4 A 2/81.

ADD IND/21/12

27L 2.25 Stability of the international telecommunication network: The capability of the international telecommunication network to carry international traffic in the event of failure of telecommunication nodes or links and also in the face of internal and external destructive actions and to return to its original state.

Reasons: This Proposal is based on CWG /4 A 2/99.

ADD IND/21/13

27M 2.26 Security of the international telecommunication network: The capability of the international telecommunication network to withstand internal and external destabilizing actions liable to compromise its functioning.

Reasons: This Proposal is based on CWG /4 A 2/101.

ADD IND/21/14

27N 2.27 International Roaming: Provision to the subscriber of the opportunity to use telecommunication services offered by other operating agencies of other member states, with which the subscriber has not concluded an agreement.

Reasons: This Proposal is based on CWG /4 A 2/103.

ADD IND/21/15

27O 2.28 IP interconnection: IP interconnection refers to means and rules employed to ensure the delivery of IP traffic through different networks.

Reasons: This Proposal is based on CWG /4 A 2/105.

ADD IND/21/16

27P 2.29 End to end quality of service delivery and best effort delivery: End to End quality of service delivery refers to the delivery of PDU (Packet Data Unit) with predefined end-to-end performance objectives; Best-effort delivery refers delivery to of a PDU without predefined performance targets.

Reasons: This Proposal is based on CWG /4 A 2/107.

Article 3

International Network

ADD IND/21/17

31A 3.5 Member States shall ensure that international naming, numbering, addressing and identification resources are used only by the assignees and only for the purposes for which they were assigned; and that unassigned resources are not used. The provisions of the relevant ITU-T Recommendations shall be applied.

Reasons: This Proposal is based on CWG /4 A 2/134.

ADD IND/21/18

31B 3.6 International calling party number delivery shall be provided in accordance with relevant ITU-T Recommendations.

Reasons: This Proposal is based on CWG /4 A 2/142.

Article 4

International Telecommunication Services

MOD IND/21/19

34 4.3 Subject to national law, Member States shall endeavour to ensure that operating agencies provide and maintain, to the greatest extent practicable, a satisfactory quality of service corresponding to the relevant ITU-T Recommendations with respect to:

Reasons: This Proposal is based on CWG /4 A 2/168.

MOD IND/21/20

35 a) access to the international network by users using terminals which are permitted to be connected to the network and which do not cause harm or diminish the level of safety and security of technical facilities and personnel;

Reasons: This Proposal is based on CWG /4 A 2/174.

MOD IND/21/21

36 b) international telecommunication facilities and services available to customers for their use;

Reasons: This Proposal is based on CWG /4 A 2/176.

MOD IND/21/22

37 c) at least a form of telecommunication service which is reasonably accessible to the public, including those who may not be subscribers to a specific telecommunication service; and

Reasons: This Proposal is based on CWG /4 A 2/179.

MOD IND/21/23

38 d) a capability for interworking between different services, as appropriate, to facilitate international telecommunication services.

Reasons: This Proposal is based on CWG /4 A 2/181.

ADD IND/21/24

38A 4.4 Member States shall ensure that operating agencies providing international telecommunication services, including roaming, make available to subscribers information on tariffs and taxes. Each subscriber should be able to have access to such information and receive it in a timely manner and free of charge when roaming (entering into roaming), except where the subscriber has previously declined to receive such information.

Reasons: This Proposal is based on CWG /4 A 2/188.

ADD IND/21/25

38B 4.5 Given the particular characteristics of GTS, which allows subscribers to have a worldwide number, implement GTSs in accordance with the National regulations.

Reasons: This Proposal is based on CWG /4 A 2/195.

ADD IND/21/26

38E 4.8 Member States, subject to national security requirements, may foster the establishment of mutual agreements on mobile services accessed within a predetermined border zone in order to prevent or mitigate inadvertent roaming charges.

Reasons: This Proposal is based on CWG /4 A 2/201.

Article 5

Safety of Life and Priority of Telecommunications

MOD IND/21/27

39 5.1 Safety of life telecommunications, including distress telecommunications, emergency telecommunication services and telecommunications for disaster relief, shall be entitled to transmission as of right and shall, where technically practicable, have absolute priority over all other telecommunications, in accordance with the relevant Articles of the Constitution, Convention and relevant ITU-T Resolutions and Recommendations.

Reasons: This Proposal is based on CWG /4 A 2/204.

ADD IND/21/28

41B 5.5 Member States should cooperate to introduce in addition to their existing national emergency numbers, a global number for calls to the emergency services globally.

Reasons: This Proposal is based on CWG /4 A 2/217.

ADD IND/21/29

41C 5.6 Member States shall ensure that operating agencies inform every roaming subscriber of the number to be used for calls to the emergency services, while entering into roaming, free of charge.

Reasons: This Proposal is based on CWG /4 A 2/219.

ADD IND/21/30

Article 5A

Confidence and security of telecommunications/ICTs

Reasons: This Proposal is based on CWG /4 A 2/221.

ADD IND/21/31

41D 5A1. Member‐States shall have the right to take appropriate measures to protect and Secure the ICT Network infrastructure and data contained in or flowing through the Network and also to prevent the misuse of ICT network and services within their state.

5A2. The Member States should endeavour to take appropriate measures, individually or in cooperation with other Member states, to ensure Security of the ICT Network and information, including user information, contained in or flowing through the ICT network within their jurisdiction.

5A3. Member‐States should endeavour to oversee that Operating Agencies in their territory do not engage in activities which impinge on the security and integrity of ICT network such as denial of service attack, unsolicited electronic communication (spam), unsolicited access to network elements and devices etc., to enable effective functioning of ICTs in secure and trustworthy conditions.

5A4. Member States should endeavour to cooperate to harmonize national laws, jurisdictions, and practices in the relevant areas.

Reasons: Combined proposal on clauses proposed from CWG /4 A 2/222 to 232 in 5A and 5B.

Article 6

Charging and Accounting

ADD IND/21/32

43A 6.1.1A Cost of International Roaming Services

a) Member States shall encourage competition in the international roaming market;

b) Member States are encouraged to cooperate to develop policies for reducing charges on international roaming services.

Reasons: This Proposal is based on CWG /4 A 2/243.

MOD IND/21/33

45 6.1.3 Member States are free to levy fiscal taxes on international telecommunication services in accordance with their national laws; however, the Member States should endeavour to avoid international double taxation on such services.

Reasons: This Proposal is based on CWG /4 A 2/249.

ADD IND/21/34

54E 6.10 Subject to national law, Member States shall ensure that Operating Agencies collaborate in preventing and controlling fraud in international telecommunications by:

– Identifying and transmitting to the transit and destination Operating Agencies the pertinent information required for the purposes of payment for the routing of international traffic, in particular the originating Country Code, National Destination Code and the Calling Party Number.

– Following up requests of other Member States or their Operating Agencies to investigate calls that cannot be billed, and helping to resolve outstanding accounts.

– Following up requests of other Member States or their Operating Agencies to identify the source of calls originated from their territories exerting potential fraudulent activity.

Reasons: This Proposal is based on CWG /4 A 2/287.

ADD IND/21/35

54F 6.11 The ITU Standardization Sector shall be responsible for disseminating the regulatory frameworks in place in administrations having an impact on matters related to fraud.

Reasons: This Proposal is based on CWG /4 A 2/289.

ADD IND/21/36

54H 6.12A Member States shall foster the establishment of international roaming mobile services prices based on principles of reasonability, competitiveness and non-discrimination relative to prices applied to local users of the visited country.

Reasons: This Proposal is based on CWG /4 A 2/293.

ADD IND/21/37

54K 6.14 Member States should foster continued investment in high-bandwidth infrastructures.

Reasons: This Proposal is based on CWG /4 A 2/299.

ADD IND/21/38

54L 6.15 Member States shall promote cost-oriented pricing. Regulatory measures may be imposed to the extent that this cannot be achieved through market mechanisms and to the extent that such measures do not hinder competition.

Reasons: This Proposal is based on CWG /4 A 2/301.

ADD IND/21/39

54N 6.17 Member States shall promote transparency of end-user prices, in particular to avoid surprising bills for international services (e.g mobile roaming and data roaming).

Reasons: This Proposal is based on CWG /4 A 2/305.

ADD IND/21/40

54S 6.D Member States should endeavour to take measures to ensure that an adequate return is provided on investments in network infrastructures in identified areas. If this cannot be achieved through market mechanisms, then other mechanisms may be used.

Reasons: This Proposal is based on CWG /4 A 2/315.

ADD IND/21/41

54O 6.18 Member States should consider measures to favour special interconnection rates for landlocked countries.

Reasons: This Proposal is based on CWG /4 A 2/307.

ADD IND/21/42

54P 6.18A Member States should endeavour that Recognized Operating Agencies establish charging units and parameters that bill telecommunication service consumers according to what is effectively consumed.

Reasons: This Proposal is based on CWG /4 A 2/309.

ADD IND/21/43

54R 6.20 Rendering and Settlement of Accounts

6.20.1 The settlement of international accounts shall be regarded as current transactions and shall be effected in accordance with the current international obligations of the Member States and Sector Members concerned in those cases where their governments have concluded arrangements on this subject. Where no such arrangements have been concluded, and in the absence of special agreements made under Article 42 of the Constitution, these settlements shall be effected in accordance with the Administrative Regulations.

6.20.2 Administrations of Member States and Sector Members which operate international telecommunication services shall come to an agreement with regard to the amount of their debits and credits.

6.20.3 The statement of accounts with respect to debits and credits referred to in No. 498 above shall be drawn up in accordance with the provisions of the Administrative Regulations, unless special arrangements have been concluded between the parties concerned.

Reasons: The text is taken from CV 497, 498 and 499. This proposal is based on CWG /4 A 2/313.

ADD IND/21/44

57B Member States shall encourage the provision of global services based on international standards that ensure accessible telecommunications and ICT services to persons with disabilities.

Reasons: This Proposal is based on HNG /5/2.

For more details visit https://cis-india.org/internet-governance/blog/indian-govts-submission-to-itu

The Privatisation of Censorship: The Online Responsibility to Protect Free Expression

praskrishna — 2012-12-09T01:48:13Z

Pranesh Prakash was a panelist at this workshop organised on November 5, 2012. It was organized by Index on Censorship.

Much is known about state censorship, but increasingly private corporations are implementing censorship either at the behest of governments, or as part of a ‘walled garden’ approach. This censorship takes many guises: whether the proactive take-down of entirely legal material, the blocking of websites by overly zealous ISPs, mobile filters that cut access to websites such as Index on Censorship and the use of surveillance technology on behalf of autocratic states. The combination of state-led censorship with the privatisation of censorship requires a debate on the responsibilities of corporations and the framework needed to protect free expression online.

This side session will focus on two key areas:
1. Take-down, blocking and filtering of content
2. The export of surveillance technology, privacy

The panel will explore the ways in which the above can affect free expression online, and how civil society, governments and corporations can and should approach these issues, addressing the following questions:

1. Whether, why and in what ways censorship and surveillance is either as or more pervasive, intrusive and chilling than offline, and the impact on free speech and press freedom?
2. The inappropriate, intrusive or excessive use of filters and firewalls including how these impact directly and indirectly on access to media and the nature of news provision
3. Criminalisation of free speech and free expression – chilling use of takedown requests (impacting on public online debates, on media freedom including investigative journalism), and constraints on comment and debate (twitter, trolls, comment threads etc);
4. Excessive and blanket surveillance and data-gathering
5. Regulations and laws including intermediary responsibility that curtail digital free speech

Chair:
Michael Harris, Head of Advocacy, Index on Censorship

Panelists:

Dr Hosein Badran, Regional Chief Technology Officer, Cisco Systems International, covering MENA
Pranesh Prakash, Policy Director at the Centre for Internet and Society
Abhilash Nair, Northumbria University, UK
Camino Manjon Sierra, International Relations Policy Officer, Directorate General for Communications Networks, Content and Technology, European Commission
Andrew Puddephatt, Global Partners and Associates

For more details visit https://cis-india.org/news/privatisation-of-censorship

Submission on India's Draft Comments on Proposed Changes to the ITU's ITRs

pranesh — 2012-12-07T04:15:56Z

Given below are the responses from the representatives of civil society in India (The Society for Knowledge Commons, Centre for Internet & Society, The Delhi Science Forum, Free Software Movement of India, Internet Democracy Project and Media for Change) to the Government of India's proposals for the upcoming WCIT meeting, in December 2012, in Dubai.

Our detailed comments on India's draft proposals can be found here. Also read the final version of Indian Government's submission to ITU on November 3, 2012.

Background

We believe that, aspects of Internet governance that have been and are presently addressed by bodies other than ITU should not be brought under the mandate of the ITU through the ITRs.

Some of the proposed changes to the ITR's could have a significant negative impact on the openness of the Internet.

In addition, the processes related to the WCIT lack openness and transparency: the WCIT / ITU excludes civil society, academia and other stakeholders from participation in and access to most dialogues and documents, contrary to established principles of Internet governance as laid down in the Tunis Agenda and as supported by the Indian government at several national and international fora. The WCIT process needs to be improved both at the domestic and global level. We urge the Indian government to support a more open process in the future, with respect to deliberations that will have a significant impact on the people.

We recognise that concerns regarding cyber-security, spam, fraud, etc. are real and that some of these concerns require to be addressed at the global level. However, we believe that as a number of parallel processes are working on these specific issues, these need not be brought under the ITRs.

We therefore strongly recommend that the ITRs continue to be restricted to the infrastructure layer that has traditionally been the area of its focus and not the content or the application layer of the Internet. Any measure that impinges on these layers should be kept out of ITRs and taken up at other appropriate (multi-stakeholder) fora.

We note that the proposal ARB/7/24 defines an "operating agency" as "any individual, company, corporation or governmental agency which operates a telecommunication installation intended for an international telecommunication service or capable of causing harmful interference with such a service" and believe that this definition is too broad in scope and ambit. Inclusion of such a term would broaden the mandate of the ITU to regulate numerous actors in the Internet sphere who do not fall under the infrastructure layer of the Internet. We call on the Indian government to ensure that the term "operating agency" is defined in a narrower or more restrictive manner and only used in exceptional cases. Normally, the obligations of member states should be with respect to "recognised operating agencies" and not omnibus all "operating agencies".

Follow-up

We would like to note that we have never officially received this document directly from the Indian government. In view of the support the Indian government continually espouses for multi-stakeholder Internet governance, this is a matter of deep regret.

We are aware that the official closing date for proposals is early November. However, we also know that several governments intend to submit proposals right upto the beginning of the WCIT meeting. In addition, several governments have included civil society representatives on their official delegation.

We therefore call upon the Department of Telecommunications to organise an open consultation with civil society representatives, to discuss both India's proposals and the comments of various civil society representatives on them, in greater depth, as part of DoT’s preparation for the WCIT meeting and in line with India's espoused commitment to multi-stakeholderism. We look forward to discussing our inputs with the Government to make the decision making process on governance more participatory and inclusive.

For more details visit https://cis-india.org/internet-governance/blog/submission-on-indias-draft-comments-on-proposed-changes-to-itus-itrs

On social media, Modi goes soft

praskrishna — 2012-11-02T06:20:13Z

“Truth stands on its own; it doesn’t need a prop.” Is this Mahatma Gandhi? No, it’s Gujarat chief minister Narendra Modi on Twitter. Gujarat’s elections are near, but in the arena of social media, Modi has already won. From over a million subscribers on Twitter to a Facebook page flooded with “likes”, Modi’s net is cast wide.

Zia Haq's article was published in the Hindustan Times on October 26, 2012. Sunil Abraham is quoted.

In political rallies, Modi roars with demagogic speeches. On Twitter, he displays a softer, brooding side: “Powers of the mind are like rays of light.” Only occasionally is a political challenge thrown in: “Delhi Sultanate treats Gujarat like enemy nation but Gujarat will never bow.”

A polarising figure still, Modi is often accused of avoiding action to stop a carnage that killed nearly 2,000 people in 2002, mostly Muslims. Yet, he has pulled off a stunning PR strategy on social media to showcase Gujarat as India’s Guandong, a Chinese province with top GDP rankings. Gujarat has posted robust growth rates, although its human-development indicators remain skewed.

Modi became the third politician globally, after Obama and the Australian PM, to host a political conference on Google+ hangout, a video chat platform. In the past quarter, he added nearly 24,000 Twitter subscribers every 12 days, according to twittercounter.com.

Modi has leveraged social media in a way the Congress hasn’t been able to. Unlike him, none among the Congress’s leadership, including Rahul Gandhi, has a personal Twitter account. “Our leaders believe more in transparent dialogues with the public, rather than spreading Internet canards,” said Congress spokesperson Manish Tewari.

Shashi Tharoor, a Congress MP with the highest Twitter subscriber base among Indian politicians, attracts mostly the elite, not the masses.

He jibes at his own government with irreverent tweets often making his party frown.

Yet, research shows that social media is more persuasive than television ads. Nearly 100 million Indians, more than Germany’s population, use the Internet.

Of this, the 40 million who have broadband are the ones active on the social media. “Unlike Obama, who used it directly for votes, Indian politicians tend to use social media more to mould public discourse,” says Sunil Abraham, the CEO of The Centre for Internet and Society.

For more details visit https://cis-india.org/news/hindustan-times-specials-coverage-gujarat-assembly-elections-2012-zia-haq-oct-26-2012-on-social-media-modi-goes-soft

Arrested for tweeting: Legitimate or Curbing Free Speech?

praskrishna — 2012-11-02T06:09:57Z

As a man in Puducherry is arrested for allegedly posting on Twitter that MR Chidambaram's son had amassed wealth more than that of Robert Vadra, we discuss whether freedom of speech is absolute.

Sunil Abraham along with Shivam Vij, Journalist and Blogger, SB Mishra, Additional DCP, Census Wing, Economic Offence Wing, Delhi Police, and Sanjay Pinto, Advocate, Madras High Court participated in this discussion aired in NDTV on October 31, 2012.

Watch the full video on NDTV

For more details visit https://cis-india.org/news/ndtv-news-oct-31-2012-arrested-for-tweeting-legitimate-or-curbing-free-speech

Submission by Indian Civil Society Organisations on Proposals for the Future ITRs and Related Processes

pranesh — 2012-12-07T08:00:19Z

The Centre for Internet & Society was one of the signatories of this submission which was sent in November 2012, in response to the International Telecommunication Union's call for public comments in relation to the revision of International Telecommunication Regulations that are to take place at the ITU's World Conference on International Telecommunications in Dubai from December 3 to 14, 2012.

We, the undersigned civil society organisations from India, respectfully acknowledge the important role that the ITU has played in the spread of telecommunications around the world. However, we are concerned about the lack of transparency and openness of the processes related to the WCIT: the WCIT/ITU excludes civil society, academia and other stakeholders from participation in and access to most dialogues and documents. The documents that are publicly available show that some of the proposals might deal with Internet governance. According to established principles as laid down in the Tunis Agenda - which process the ITU helped to lead - Internet governance processes are required to be multistakeholder in nature. The WCIT and ITU processes require urgent improvement with regard to openness, inclusiveness and transparency. While we appreciate the current opportunity to share our comments, we would like to encourage the ITU and its Member States to adopt a genuine multistakeholder approach at the earliest.

As mentioned, we do welcome the current opportunity to share our thoughts. Though this list is not exhaustive, some of our major concerns are as follows:

We believe that, given the historical development of present methods of internet regulation, aspects of Internet governance that have been and are presently addressed by bodies other than ITU should not be brought under the mandate of the ITU through the ITRs.

We therefore strongly recommend that the ITRs continue to be restricted to aspects of the physical layer that have traditionally been the areas of its focus. The ITRs scope should not be expanded to other layers, nor to content - any measure that impinges on these layers should be kept out of ITRs and taken up at other appropriate (multi-stakeholder) fora. In addition, it is crucial that “ICTs” and the term “processing” be excluded from the definition of telecommunication as this clearly opens up the possibility for Member States to regulate/attempt to regulate the “content/“application” layer on the internet at the ITU.

We also recommend that provisions regarding international naming, numbering, addressing and identification resources will be restricted to telephony, as should provisions regarding transit rate, originating identification and end-to-end QoS. Provisions regarding the routing of Internet traffic should not find a place in the ITRs at all.

We recognise that concerns regarding cyber security, spam, fraud, etc. are real and that some of these concerns require to be addressed at the global level. However, as these are being discussed in many other fora, we believe that the ITRs are not the best place to address these. Their inclusion here could inhibit the further evolution and expansion of the Internet. We also believe that any fora discussing cyber security should be multistakeholder, open and transparent.

We note that the proposal ARB/7/24 defines an “operating agency” as “any individual, company, corporation or governmental agency which operates a telecommunication installation intended for an international telecommunication service or capable of causing harmful interference with such a service” and believe that this definition is too broad in scope and ambit. Inclusion of such a term would broaden the mandate of the ITU to regulate numerous actors in the Internet sphere who do not fall under the infrastructure layer of the Internet. The term “operating agency” should be defined in a narrower or more restrictive manner and, irrespective of its exact definition, only be used in exceptional cases. Normally, the obligations of member states should be with respect to “recognised operating agencies” and not omnibus all “operating agencies”.

Signed:

Centre for Internet and Society
Delhi Science Forum
Free Software Movement India
Internet Democracy Project
Knowledge Commons (India)

For more details visit https://cis-india.org/internet-governance/blog/submission-on-proposals-for-future-itrs-and-related-processes

October 2012 Bulletin

praskrishna — 2012-11-08T11:42:01Z

Welcome to the newsletter of October 2012 from the Centre for Internet & Society (CIS). The present issue features an analysis by Ujwala Uppaluri of the Delhi High Court’s judgment in Super Cassettes v. MySpace, announcement of public call for comments for reports on “Banking and Accessibility in India” and “Making TV Accessible in India”, and updates on Indic languages.

Jobs
CIS is seeking applications the posts of Research Manager and Programme Officer – Internet Governance. To apply send your resume to sunil@cis-india.org.

HasGeek HasGeek creates discussion spaces for geeks and has organised conferences like the Fifth Elephant, Droidcon India 2011, Android Camp, etc. HasGeek is supported by CIS and works out from CIS office in Bengaluru. The following event was organised by HasGeek in the month of October: Droidcon 2012 (CIS, Bangalore, October 27 – 28, 2012).
Accessibility India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies: Public Call for Comments Banking and Accessibility in India: A Study on Banking Accessibility in India (by Vrinda Maheshwari, October 30, 2012). Making TV Accessible in India (by Srividya Vaidyanathan, October 8, 2012). Blog Entries The HathiTrust Judgment and its impact on TVI negotiations at WIPO (by Rahul Cherian, October 30, 2012). WIPO General Assemblies Approve Road Map on Treaty for the Visually Impaired (by Rahul Cherian, October 11, 2012).
Access to Knowledge The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge: Analysis Super Cassettes v. MySpace (by Ujwala Uppaluri, October 31, 2012). Blog Entry ICOMM2012: International Communications and Electronics Fair (by Jadine Lannon, October 31, 2012). Event Organised A Workshop on "Exploring the Internals of Mobile Technologies" (TERI Southern Regional Centre 4th Main, Domlur II Stage Bangalore, October 27, 2012).
Openness The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software: Wikipedia Education Programs Launch of Assamese Wikipedia Education Program at Guwahati University (by Nitika Tandon, October 22, 2012). Malayalam Wikipedia Education Program: August to October Updates (by Shiju Alex, October 29, 2012). Gujarat Wikipedia Education Program: Rajkot (by Noopur Raval, October 31, 2012). Gujarati Wikipedia Article Competition – 10 schools, 200 students, 20 articles on Gujarati Wikipedia (by Noopur Raval, October 31, 2012). Wikipedia Workshops Bengaluru: A Hub for Kannada and Sanskrit Wikipedia and other Wikimedia projects! (by Subhashish Panigrahi, October 16, 2012). Wikipedia workshop @ Inmantec College, Ghaziabad (by Nitika Tandon, October 19, 2012). Bridging Gender Gap in Pune: WikiWomenDay 2012 Celebrated with Success! (by Subhashish Panigrahi, PAI International Learning Solutions, Azam Campus, Pune, October 28, 2012). First Pune Odia Wikipedia Organized! (by Subhashish Panigrahi, October 31, 2012). Wikipedia Event Wikipedia Hackathon at BITS Hyderabad (organized by CIS - A2K team and BITS-Pilani, Hyderabad, October 26 – 27, 2012). Wikipedia Press Coverage Odisha: Odia Wikipedia workshop organized in Pune to promote Odia language (OdishaDiary.com, October 31, 2012). Wikipedia Team Updates The A2K team consists of three members based in Delhi: Nitika Tandon, Subhashish Panigrahi and Noopur Raval. We are seeking applications for the post of Programme Director (Access to Knowledge) for the New Delhi office. Shiju Alex, Program Manager, Access to Knowledge is leaving the organisation. November 16, 2012 will be his last working day. We wish him success in all his future endeavours.
Internet Governance The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes: Column Rethinking DNA Profiling in India (by Elonnai Hickok, Economic & Political Weekly, Vol - XLVII No. 43, October 27, 2012). Analysis Privacy Perspectives on the 2012 -2013 Goa Beach Shack Policy (by Elonnai Hickok, October 25, 2012). Upcoming IGF Events At the seventh annual IGF meeting to be held in Baku, Azerbaijan in November 2012, CIS is organising one workshop: National IG Mechanisms – Looking at Some Key Design Issues (co-organising with Brazilian Internet Steering Committee, Institute for System Analysis, Russian Academy of Sciences, et.al., November 8, 2012 from 2.30 p.m. to 4.00 p.m). Pranesh Prakash is a panelist in the following workshop: New Trends in Industry Self-Governance (organised by Oxford Internet Institute, University of Oxford, UK and Media Change & Innovation Division, IPMZ, University of Zurich, Switzerland and Nominet, UK, November 7, 2012 from 4.30 p.m. to 6.00 p.m). CIS fellow Malavika Jayaram is a panelist for these workshops: Civil rights in the digital age, about the impact the Internet has on civil rights (organised by ECP on behalf of the IGF-NL, November 7, 2012, 4.30 p.m. to 6.00 p.m.). Governing Identity on the Internet (organised by Brenden Kuerbis, Citizen Lab and Christine Runnegar, Internet Society, November 8, 2012, 11.00 a.m. to 12.30 p.m.). Other Upcoming Event DML Conference 2013 (Sheraton Chicago Hotel & Towers - Chicago, Illinois, March 14 – 16, 2012): CIS and Digital Media & Learning Research Hub Central are jointly organizing the DML Conference 2013 in Chicago. Event organised The Public Voice: Privacy Rights are a Global Challenge (Punta del Este, Uruguay, October 21, 2012): Malavika Jayaram was a speaker at this event. Events Participated 3rd Worldwide Cybersecurity Summit (organised by EastWest Institute in partnership with NASSCOM and FICCI, Federation House, New Delhi, October 30-31, 2012): Sunil Abraham and Elonnai Hickok participated in this event. Fourth Annual Legal Services Conference in India (organised by US India Business Council, New Delhi, October 11, 2012): Pranesh Prakash was a panelist in the session on “Censorship and Content Restrictions: The Future of Internet Speech in India”. Meeting on Lawful Access by Law Enforcement (Brussels, October 3 – 5, 2012): Elonnai Hickok participated in the meeting. Video Arrested for tweeting: Legitimate or Curbing Free Speech? (NDTV, October 31, 2012): Sunil Abraham participated in this discussion aired on NDTV along with Shivam Vij, SB Mishra and Sanjay Pinto. Media Coverage On social media, Modi goes soft (by Zia Haq, Hindustan Times, October 26, 2012): Sunil Abraham is quoted. Bolstering right to remain private (by Apar Gupta, The Pioneer, October 29, 2012): Pranesh Prakash is quoted. CIS was part of the expert committee even though not explicitly mentioned in these: Panel suggests law to protect individual privacy (Newstrack India, October 18, 2012), Privacy law mooted to protect people against misuse of info (Business Standard, October 18, 2012), Experts' committee moots law to protect privacy (by Saikat Datta, Daily News & Analysis, October 19, 2012), Govt panel wants curbs on phone taps (The Times of India, October 19, 2012), Privacy Act should not circumscribe RTI: expert group (by Amitabh Sinha, Indian Express, October 19, 2012), Nine-point code set out to safeguard personal information (Hindu Business Line, October 18, 2012), Privacy law mooted to protect people against misuse of info (Zee News, October 18, 2012). Court’s approval needed to tap phones: Panel (by Surabhi Agarwal, LiveMint, October 18, 2012): Sunil Abraham is quoted. Could better DNA testing facilities in India have saved the Talwars? (by Pallavi Polanki, October 11, 2012): CIS press statement is mentioned.
Telecom While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum: Building Knowledge and Capacity around Telecommunication Policy in India CIS and Ford Foundation joined hands to build expertise in the area of telecommunications in India. Dr. Surendra Pal, Satya N Gupta, Paranjoy Guha Thakurta, Payal Malik, Dr. Rakesh Mehrotra and Dr. Nadeem Akhtar are the expert reviewers. The following are the new outputs: Spectrum Management (by Snehashish Ghosh, October 31, 2012). Cable Television (by Srividya Vaidyanathan, October 16, 2012). Column in Business Standard The Supreme Court Delivers (by Shyam Ponappa in Business Standard, October 4, 2012 and Organizing India Blogspot, October 11, 2012).
Digital Natives Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South: Newspaper Column The Rules of Engagement (by Nishant Shah, Indian Express, October 29, 2012).
Researchers at Work CIS organised the Habits of Living Workshop in Bangalore from September 26 to 29, 2012. Three columns by Nishant Shah arising from these workshops were published in the month of October: Habits of Living: Being Human in a Networked Society (DML, Central, October 22, 2012). Digital Habits: How and Why We Tweet, Share and Like (FirstPost, October 12, 2012). Who’s that Friend? (Indian Express, October 23, 2012).

About CIS

CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. The policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos, etc. We conducted policy research for the Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc. CIS is accredited as an observer at WIPO, and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.

*Follow us elsewhere*

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://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/october-2012-bulletin

Bolstering right to remain private

praskrishna — 2012-10-29T09:00:13Z

The Justice AP Shah panel has done to well to lay down an enforceable roadmap that can strengthen privacy laws in the country. It’s now for the legislature to take the issue to a logical conclusion.

Apar Gupta's column was published in the Pioneer on October 29, 2012.

A haveli courtyard is an apt metaphor for the complexity which is involved in drafting a law on privacy. Though the courtyard gives an appearance of openness, it is limited by the walls, doors and windows which surround it. The architecture represents a mediated understanding of the options which are available to the resident in sharing and limiting information to family and strangers. A somewhat similar project is in the works with the Union Government taking steps towards the enactment of a privacy law.

Privacy law as it is understood at present is usually limited to the odd writ petition filed against the Government by a private individual seeking enforcement of a fundamental right to privacy. Recently, such adjudication has been limited to high-profile individuals, and where there is wide voyeuristic interest. For instance, two recent petitioners include industrialist Ratan Tata and former Samajwadi Party leader Amar Singh. Here, it is important to stress that with the state gathering more and more data about individuals through the Unique Identification Authority of India scheme, there is a need to democratise the right by making legal provisions for its enforcement. In making such provisions a balance has to be maintained, where information which serves public interest or gathered through informed consent is not encumbered in the name of protecting individual privacy.

To find this balance, the Government late last year tasked a Committee of Experts chaired by Justice AP Shah to prepare a report on the Privacy Bill. Readers would recall that Justice Shah had authored a judgement which read down Section 377 of the Indian Penal Code, decriminalising homosexual activity. A closer reading of the judgement shows the reliance placed by the court on the privacy right and to reach its determination. With such credentials, the Justice Shah Committee has exceeded the high expectations placed on it, presenting a fair and balanced approach towards a privacy law in India.

At the very outset the report clearly marks its objectives, from which it then commences to study judicial precedent on privacy as well as the experience of foreign jurisdictions. On the basis of this study, it has evolved nine privacy principles which encompass within it distinct aspects of individual privacy. Such a nuanced approach to privacy is certainly welcome given that privacy as a right is often subjective, varying drastically in its appreciation as per civil society, private industry and even Government itself.

Beyond the specific aspects of the privacy right, the report extends the right both to Government as well as private industry. This is a sign of the times, best put by Pranesh Prakash, policy director, Centre for Internet and Society, when he says that citizens reveal more data about themselves to social networking websites than they would to the Government under torture!

Another significant aspect is the proposed co-regulatory regime which the report suggests. And, experience has taught us that a right without an effective remedy to enforce it counts for a little more than a black letter on paper. In this respect, the report proposes a sectoral regulator which has supervision over State level privacy commissioners. In addition to this, the report also proposes a system of self-regulation where industry-specific standards may be proposed and then sanctioned by the privacy commissioners. However, contrary to the present approach of tribunalisation, the report suggests that recourse to civil courts for aggrieved persons should always be kept open.

Though the origins of the privacy rights may be antiquated, widespread consensus suggests that the modern practice and substance of privacy law owes its beginning to an article published in the fourth volume of the Harvard Law Review. The article, authored by Louis Brandeis and Samuel Warren drawing a physical justification for what seemed like a novelty back then, stated that the law regarded a man’s house as his castle.

Sadly, the right has not seen a proper development in India, mainly due to the absence of an overarching legislation as well as a lack of understanding of its proper contours. At least in this respect, the report marks a significant development in the drafting of a comprehensive privacy legislation in India. A haveli, a house or a castle — the Justice Shah panel has provided a useful blueprint to the legislature to build an effective and balanced statute to safeguard individual privacy.

(The writer is a partner in a Delhi-based law firm and visiting faculty at the National Law University, Delhi)

For more details visit https://cis-india.org/news/daily-pioneer-columnists-oct-29-2012-apar-gupta-bolstering-right-to-remain-private

The Rules of Engagement

nishant — 2015-04-24T11:48:54Z

Why the have-nots of the digital world can sometimes be mistaken as trolls. I am not sure if you have noticed, but lately, the people populating our social networks have started to be more diverse than before.

Nishant Shah's column was published in the Indian Express on October 29, 2012.

Oh, sure, we are still talking about a fairly middle-class hang-out that happens largely in English and is restricted to people in urban environments who have the economic and cultural capital of access. But if you browse through your friends’ lists and compare it with, say, the network from five years ago, you will realise that the age demography has changed quite dramatically. I am not suggesting that the Web was only the realm of the young – let us face it, the people who actually created the infrastructure of the Web were not tiny tots. However, with Web 2.0 at the turn of the millennium, we have had an extraordinary focus on young people online.

But as the networks grow to include more people, there are now a lot of people online, who might not be the 16-year-old BlackBerry-wielding digital native, nor be in the “business of internet” but are finding a space for themselves, tentatively and steadily negotiating with this new space. Some of it might be because, those of us who were new kids on the block in the Nineties, are now older by a decade and are still on the block, but replaced by newer kids around the block. Some of it might be because there is an ease of access as portable computing devices grow more personal and get more people to use their smartphones as a gateway into the online worlds. But a lot of it is actually because the fold of the Web is expanding. The digital spaces of conversation are being integrated into our everyday lives and practices, replacing older forms of media and information structures and processes of social and cultural belonging.

And so, even though the penetration of the interwebz is not as rapid in countries like India as one would have hoped for, we do see a wide age group of people coming online, forming networks, and entering into conversations. I hadn’t really realised this, even though I was adding them to my social networks, that the digital immigrants are now here, and they are here to stay. It suddenly surfaced in my thoughts, because I recently heard a few narratives which made me dwell on the effort and the learning that one takes for granted but is a prerequisite for belonging to these new social spaces.

One of the first complaints I heard was about a hostility that many digital immigrants face when they start engaging with the social media. They follow the manuals. They read the FAQs. They look at patterns, and learn. And yet, even when they seem to be doing what seems to be exactly what everybody else is doing, they are often told that they got it all wrong. This is bewildering for many, because they cannot really see the difference. And the reason is that the social web is governed by a whole lot of unwritten rules and codes, which clearly are the rites of passage into the online world. These are not things that can be taught. These are not written in a guideline that tells you how to behave on Facebook or how to sift through the live-streams on Twitter. It is a fiercely guarded set of dos and don’ts which clearly distinguish between the digital natives and the digital immigrants, reinforcing exclusivity and exclusion. And when the digital immigrant violates these rules, they are often faced with a sneer, a sarcastic comment, or a dismissal as “not with it”.

The second thing I have repeatedly noticed is “calling troll” to people who do not always know these rules. Trolling is not new to the world of the internet. People who disrupt conversations and discussions by posting provocative or tangential information, by voicing hateful opinions, by passing harsh judgments, or sometimes by willfully breaking the rules of the communities, in order to seek attention and interrupt the flow of conversations are called trolls. Trolls are universally frowned upon and trolling wars often take up epic proportions because people get emotionally invested in them. Trolls are often shamed publicly, their mistakes brought into an embarrassing spot-light and ridiculed in back-channels or even in public discussions.

Calling somebody a troll presumes that the user is conversant with the rules of the game and is then breaking them, working with the idea that if you are online, you are naturally a digital native. The digital immigrants often create noob mistakes that can appear troll-like but are not intended to be so, and are often on the receiving end of a community’s hostility. And it is time, now that our online networks are growing, for us to realise that our presumptions about who is online need to change. If we are looking at an inclusive Web, we need to stop imagining that the person on the other side of the interface is necessarily like us, and develop new networks of nurture, which allows the digital immigrants safe spaces to experiment, make mistakes, and learn like the best of us. The next time, before you call somebody a troll, see if it might just be somebody learning the tricks of the trade. If they are doing something wrong, just politely point it out to them. And remember, acceptance is not only for people who are like us, but about people who are markedly unlike us.

For more details visit https://cis-india.org/digital-natives/blog/india-express-news-nishant-shah-oct-29-2012-the-rules-of-engagement

Rethinking DNA Profiling in India

elonnai — 2012-10-29T08:00:01Z

DNA profile databases can be useful tools in solving crime, but given that the DNA profile of a person can reveal very personal information about the individual, including medical history, family history and so on, a more comprehensive legislation regulating the collection, use, analysis and storage of DNA samples needs included in the draft Human DNA Profiling Bill.

Elonnai Hickok's article was published in Economic & Political Weekly, Vol - XLVII No. 43, October 27, 2012

DNA evidence was first accepted by the courts in India in 1985,[1] and in 2005 the Criminal Code of Procedure was amended to allow for medical practitioners, after authorisation from a police officer who is not below the rank of sub-inspector, to examine a person arrested on the charge of committing an offence and with reasonable grounds that an examination of the individual will bring to light evidence regarding the offence. This can include

"the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples, and finger nail clippings, by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case."[2]

Though this provision establishes that authorisation is needed for collection of DNA samples, defines who can collect samples, creates permitted circumstances for collection, and lists material that can be collected, among other things, it does not address how the collected DNA evidence should be handled, and what will happen to the evidence after it is collected and analysed. These gaps in the provision indicate the need for a more comprehensive legislation regulating the collection, use, analysis and storage of DNA samples, including for crime-related purposes in India.

The initiative to draft a Bill regulating the use of DNA samples for crime-related reasons began in 2003, when the Department of Biotechnology (DoB) established a committee known as the DNA Profiling Advisory Committee to make recommendations for the drafting of the DNA profiling Bill 2006, which eventually became the Human DNA Profiling Bill 2007.[3] The 2007 draft Bill was prepared by the DoB along with the Centre for DNA Fingerprinting and Diagnostics (CDFD).[4]

The CDFD is an autonomous institution supported by the DoB. In addition to the CDFD, there are multiple Central Forensic Science Laboratories in India under the control of the Ministry of Home Affairs and the Central Bureau of Investigation,[5], along with a number of private labs [6] which analyse DNA samples for crime-related purposes.

In 2007, the draft Human DNA Profiling Bill was made public, but was never introduced in Parliament. In February 2012, a new version of the Bill was leaked. If passed, the Bill will establish state-level DNA databases which will feed into a national-level DNA database, and proposes to regulate the use of DNA for the purposes of

"enhancing protection of people in the society and the administration of justice."[7]

The Bill will also establish a DNA Profiling Board responsible for 24 functions, including specifying the list of instances for human DNA profiling and the sources of collection, enumerating guidelines for storage and destruction of biological samples, and laying down standards and procedures for establishment and functioning of DNA laboratories and DNA Data Banks.[8] The lack of harmonisation and clear policy indicates that there is a need in India for standardising the collection and use of DNA samples. Although DNA evidence can be useful for solving crimes, the current 2012 draft Bill is missing critical safeguards and technical standards essential to preventing the misuse of DNA and protecting individual rights.

Concerns that have been raised with regards to the Bill are both intrinsic, including problems with effectiveness of achieving the set objectives, and extrinsic, including concerns with the fundamental principles of the Bill. For example, the use of DNA material as evidence and the subsequent creation of a DNA database can be useful for solving crimes when the database contains DNA profiles from[9] from DNA samples[10] only from crime scenes, and is restricted to DNA profiles from individuals who might be repeat offenders. If a wide range of DNA profiles are added to the database, the effectiveness of the database decreases, and the likelihood of a false match increases as the ability to correctly identify a criminal depends on the number of crime scene DNA profiles on the database, and the number of false matches that occur is proportional to the number of comparisons made (more comparisons = more false matches).[11] This inverse relationship between the effectiveness of the DNA database and the size of the database was found in the UK when it was proven that the expansion of the UK DNA database did not help to solve more crimes, despite millions of profiles being added to the database.[12]

The current scope of the draft 2012 Bill is not limited to crimes for which samples can be taken and placed in the database. Instead the Bill creates indexes within every databank including: crime scene indexes, suspects index, offender’s index, missing persons index, unknown deceased persons’ index, volunteers’ index, and such other DNA indices as may be specified by regulations made by the Board.[13] How independent each of these indices are, is unclear. For example, the Bill does not specify when a profile is searched for in the database – if all indices are searched, or if only the relevant indices are searched, and the Bill requires that when a DNA profile is added to the databank, it must be compared with all the existing profiles.[14] The Bill also lists a range of offences for which DNA profiling will be applicable and DNA samples collected, and used for the identification of the perpetrator including, unnatural offences, individual identification, issues relating to assisted reproductive technologies, adultery, outraging the modesty of women etc.[15] Though the Bill is not incorrect in its list of offences where DNA profiling could be applicable, it is unclear if DNA profiles from all the listed offenses will be stored on the database. If it is the case that the DNA profiles will be stored, it would make the scope of the database too broad.

Unlike other types of identifiers, such as fingerprints, DNA can reveal very personal information about an individual, including medical history, family history and location.[16] Thus, having a DNA database with a broad scope and adding more DNA profiles onto a database, increases the potential for misuse of information stored on the database, because there is more opportunity for profiling, tracking of individuals, and access to private data. In its current form, the Bill protects against such misuse to a certain extent by limiting the information that will be stored with a DNA profile and in the indices,[17] but the Bill does not make it clear if the DNA profiles of individuals convicted for a crime will be stored and searched independently from other profiles. Additionally, though the Bill limits the use of DNA profiles and DNA samples to identification of perpetrators,[18] it allows for DNA profiles/DNA samples and related information related to be shared for creation and maintenance of a population statistics database that is to be used, as prescribed, for the purpose of identification research, protocol development, or quality control provided that it does not contain any personally identifiable information and does not violate ethical norms.”[19]

An indication of the possibility of how a DNA database could be misused in India can be seen in the CDFD’s stated objectives, where it lists "to create DNA marker databases of different caste populations of India."[20] CDFD appears to be collecting this data by requiring caste and origin of state to be filled in on the identification form that is submitted with any DNA sample.[21] Though an argument could be made that this information could be used for research purposes, there appears to be no framework over the use of this information and this objective. Is the information stored along with the DNA sample? Is it used in criminal cases? Is it revealed during court cases or at other points of time?

Similarly, in the Report of the Working Group for the Eleventh Five Year Plan, it lists the following as a possible use of DNA profiling technology:

"Human population analysis with a view to elicit profiling of different caste populations of India to use them in forensic DNA fingerprinting and develop DNA databases."[22]

This objective is based on the assumption that caste is an immutable genetic trait and seems to ignore the fact that individuals change their caste and that caste is not uniformly passed on in marriage. Furthermore, using caste for forensic purposes and to develop DNA databases could far too easily be abused and result in the profiling of individuals, and identification errors. For example, in 2011 the UK police, in an attempt to catch the night stalker Delroy Grant, used DNA to (incorrectly) predict that he originated from the Winward Islands. The police then used mass DNA screenings of black men. The police initially eliminated Delroy Grant as a suspect because another Delroy Grant was on the DNA database, and the real Delroy Grant was eventually caught when the police pursued more traditional forms of investigation.[23]

Other uses for DNA databases and DNA samples in India have been envisioned over the years. For example, in 2010 the state of Tamil Nadu sought to amend the Prisoners Identification Act 1920 to allow for the establishment of a prisoners’ DNA database – which would require that any prisoner’s DNA be collected and stored.[24] In another example, the home page of BioAxis DNA Research Centre (P) Limited, a private DNA laboratory offering forensic services states,

"In a country like India which is densely populated there is huge requirement for these type of databases which may help in stopping different types of fraud like Ration card fraud, Voter ID Card fraud, Driving license fraud etc. The database may help the Indian police to differentiate the criminals and non criminals."[25] Not only is this statement incorrect in stating that a DNA database will differentiate between criminals and non-criminals, but DNA evidence is not useful in stopping ration card fraud etc. as it would require that DNA be extracted and authenticated for every instance of service. In 2012, the Department of Forensic Medicine and Toxicology at AFMC Pune proposed to establish a DNA data bank containing profiles of armed forces personnel.[26] And in Uttar Pradesh, the government ordered mandatory sampling for DNA fingerprinting of dead bodies.[27] These examples raise important questions about the scope of use, collection and storage of DNA profiles in databases that the Bill is silent on.

The assumption in the Bill that DNA evidence is infallible is another point of contention. The preamble of the Bill states that, "DNA analysis of body substances is a powerful technology that makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead with any doubt."[28]

This statement ignores the possibility of false matches, cross-contamination, and laboratory error[29] as DNA evidence is only as infallible as the humans collecting, analysing, and marshalling the evidence. These mistakes are not purely speculative, as cases that have relied on DNA as evidence in India demonstrate that the reliability of DNA evidence is questionable due to collection, analysis, and chain of custody errors. For example, in the Aarushi murder case the forensic expert who testified failed to remember which samples were collected at the scene of the crime[30] in the French diplomat rape case, the DNA report came out with both negative and positive results;[31] and in the Abhishek rape case the DNA sample had to be reanalysed after initial analysis did not prove conclusive.[32] Yet the Bill does not mandate a set of best practices that could help in minimising these errors, such as defining what profiling system will be used nationally, and defining specific security measures that must be taken by DNA laboratories – all of which are currently left to be determined by the DNA board.[33]

The assumption in the preamble that DNA can establish if a relationship exists between two individuals without a doubt is also misleading as it implies that the use of DNA samples and the creation of a database will increase the conviction rate, when in actuality the exact number of accurate convictions resulting purely from DNA evidence is unknown, as is the number of innocent people who are falsely accused of a crime based on DNA evidence in India. This misconception is reflected on the website of the Department of Biotechnology’s information page for CDFD where it states:

"…The DNA fingerprinting service, given the fact that it has been shown to bring about dramatic increase in the conviction rate, will continue to be in much demand. With the crime burden on the society increasing, more and more requests for DNA fingerprinting are naturally anticipated. For example, starting from just a few cases of DNA fingerprinting per month, CDFD is now handling similar number of cases every day."[34]

In addition to the claim that the DNA fingerprinting service has shown a dramatic increase in the conviction rate, is not supported by evidence in this article, according to the CDFD 2010-2011 annual report, the centre analysed DNA from 57 cases of deceased persons, 40 maternity/paternity cases, four rape and murder cases, eight sexual assault cases, and three kidney transplantation cases.[35] This is in comparison to the 2006 – 2007 annual report, which quoted 83 paternity/maternity dispute cases, 68 identification of deceased, 11 cases of sexual assault, eight cases of murder, and two cases of wildlife poaching.[36] From the numbers quoted in the CDFD annual report, it appears that paternity/maternity cases and identification of the deceased are the most frequent types of cases using DNA evidence.

Other concerns with the Bill include access controls to the database and rights of the individual. For example, the Bill does not require that a court order be issued for access to a DNA profile, and instead leaves it in the hand of the DNA bank manager to determine if communication of information relating to a match to a court, tribunal, law enforcement agency, or DNA laboratory is appropriate.[37]

Additionally, the Data Bank Manager is empowered to grant access to any information on the database to any person or class of persons that he/she considers appropriate for the purposes of proper operation and maintenance or for training purposes.[38] The low standards for access that are found in the Bill are worrisome as the possibility for tampering of evidence and analysis is increased.

The Bill is also missing important provisions that would be necessary to protect the rights of the individual. For example, individuals are not permitted a private cause of action for the unlawful collection, use, or retention of DNA, and individuals do not have the right to access their own information stored on the database.[39] These are significant gaps in the proposed legislation as it restricts the rights of the individual.

In conclusion, India could benefit from having a legislation regulating, standardising, and harmonising the use, collection, analysis, and retention of DNA samples for crime-related purposes. The current 2012 draft of the Bill is a step in the right direction, and an improvement from the 2007 DNA Profiling Bill. The 2012 draft draws upon best practices from the US and Canada, but could also benefit from drawing upon best practices from countries like Scotland. Safeguards missing from the current draft that would strengthen the Bill include: limiting the scope of the DNA database to include only samples from a crime scene for serious crimes and not minor offenses, requiring the destruction of DNA samples once a DNA profile is created, clearly defining when a court order is needed to collect DNA samples, defining when consent is required and is not required from the individual for a DNA sample to be taken, and ensuring that the individual has a right of appeal.

[1]. Law Commission of India. Review of the Indian Evidence Act 1872. Pg. 43 Available at: http://lawcommissionofindia.nic.in/reports/185thReport-PartII.pdf. Last accessed: October 9th 2012.
[2]. Section 53. The Criminal Code of Procedure, 1973. Available at: http://www.vakilno1.com/bareacts/crpc/s53.htm. Last accessed October 9th 2012.
[3]. Department of Biotechnology. Ministry of Science & Technology GOI. Annual Report 2009 – 2010. pg. 189. Available at: http://dbtindia.nic.in/annualreports/DBT-An-Re-2009-10.pdf. Last Accessed October 9th 2012.
[4]. Chhibber, M. Govt Crawling on DNA Profiling Bill, CBI urges it to hurry, cites China. The Indian Express. July 12 2010. Available at: http://www.indianexpress.com/news/govt-crawling-on-dna-profiling-bill-cbi-urges-it-to-hurry-cites-china/645247/0. Last accessed: October 9th 2012.
[5]. Perspective Plan for Indian Forensics. Final report 2010. Table 64.1 -64.3 pg. 264-267. Available at: http://mha.nic.in/pdfs/IFS%282010%29-FinalRpt.pdf. Last accessed: October 9th 2012. And CBI Manual. Chapter 27. Available at: http://mha.nic.in/pdfs/IFS%282010%29-FinalRpt.pdf. Last accessed: October 9th 2012.
[6]. For example: International Forensic Sciences, DNA Labs India (DLI), Truth Labs and Bio-Axis DNA Research Centre (P) Limited.
[7]. Draft Human DNA Profiling Bill 2012. Introduction.
[8]. Id. section 12(a-z)
[9]. Id. Definition l. “DNA Profile” means results of analysis of a DNA sample with respect to human identification.
[10]. Id. Definition m. “DNA sample” means biological specimen of any nature that is utilized to conduct CAN analysis, collected in such manner as specified in Part II of the Schedule.
[11]. The UK DNA database and the European Court of Human Rights: Lessons India can learn from UK mistakes. PowerPoint Presentation. Dr. Helen Wallace, Genewatch UK. September 2012.
[12]. Hope, C. Crimes solved by DNA evidence fall despite millions being added to database. The Telegraph. November 12th 2008. Available at: http://www.telegraph.co.uk/news/uknews/law-and-order/3418649/Crimes-solved-by-DNA-evidence-fall-despite-millions-being-added-to-database.html. Last accessed: October 9th 2012
[13]. Draft Human DNA Profiling Bill 2012. Section 32 (4(a-g))
[14]. Id. Section 35
[15]. Id. Schedule: List of applicable instances of Human DNA Profiling and Sources of Collection of Samples for DNA Test.
[16]. Gruber J. Forensic DNA Databases. Council for Responsible Genetics. September 2012. Powerpoint presentation.
[17]. Draft Human DNA Profiling Bill 2012. Section 32 (5)- 6)(a)-(b^[+] . Indices will only contain DNA identification records and analysis prepared by the laboratory and approved by the DNA Board, while profiles in the offenders index will contain only the identity of the person, and other profiles will contain only the case reference number.
[18]. Id. Section 39
[19]. Id. Section 40(c)
[20]. CDFD. Annual Report 2010-2011. Pg19. Available at: http://www.cdfd.org.in/images/AR_2010_11.pdf. Last accessed: October 9th 2012.
[21]. Caste and origin of state is a field of information that is required to be completed when an ‘identification form’ is sent to the CDFD along with a DNA sample for analysis. Form available at: http://www.cdfd.org.in/servicespages/dnafingerprinting.html
[22]. Report of the Working Group for the Eleventh Five Year Plan (2007 – 2012). October 2006. Pg. 152. Section: R&D Relating Services. Available at: http://planningcommission.nic.in/aboutus/committee/wrkgrp11/wg11_subdbt.pdf. Last accessed: October 9th 2012
[23]. Evans. M. Night Stalker: police blunders delayed arrest of Delroy Grant. March 24th 2011. The Telegraph. Available at: http://www.telegraph.co.uk/news/uknews/crime/8397585/Night-Stalker-police-blunders-delayed-arrest-of-Delroy-Grant.html. Last accessed: October 10th 2012.
[24]. Narayan, P. A prisoner DNA database: Tamil Nadu shows the way. May 17th 2012. Available at: http://timesofindia.indiatimes.com/india/A-prisoner-DNA-database-Tamil-Nadu-shows-the-way/iplarticleshow/5938522.cms. Last accessed: October 9th 2012.
[25]. BioAxis DNA Research Centre (P) Limited. Website Available at: http://www.dnares.in/dna-databank-database-of-india.php. Last accessed: October 10th 2012.
[26]. Times of India. AFMC to open DNA profiling centre today. February 2012. Available at:http://articles.timesofindia.indiatimes.com/2012-02-08/pune/31037108_1_dna-profile-dna-fingerprinting-data-bank. Last accessed: October 10th 2012.
[27]. Siddiqui, P. UP makes DNA sampling mandatory with postmortem. Times of India. September 4th 2012. Available at:http://articles.timesofindia.indiatimes.com/2012-09-04/lucknow/33581061_1_dead-bodies-postmortem-house-postmortem-report. Last accessed: October 10th 2012.
[28]. Draft DNA Human Profiling Bill 2012. Introduction
[29]. Council for Responsible Genetics. Overview and Concerns Regarding the Indian Draft DNA Profiling Bill. September 2012. Pg. 2. Available at: http://cis-india.org/internet-governance/indian-draft-dna-profiling-act.pdf/view. Last accessed: October 9th 2012.
[30]. DNA. Aarushi case: Expert forgets samples collected from murder spot. August 28th 2012. Available at: http://www.dnaindia.com/india/report_aarushi-case-expert-forgets-samples-collected-from-murder-spot_1733957. Last accessed: October 10th 2012.
[31]. India Today. Daughter rape case: French diplomat’s DNA test is inconclusive. July 7th 2012. Available at: http://indiatoday.intoday.in/story/french-diplomat-father-rapes-daughter-dna-test-bangalore/1/204270.html. Last accessed: October 10th 2012.
[32]. The Times of India. DNA tests indicate Abhishek raped woman. May 30th 2006. Available at: http://articles.timesofindia.indiatimes.com/2006-05-30/india/27826225_1_abhishek-kasliwal-dna-fingerprinting-dna-tests. Last accessed: October 10th 2012.
[33]. Draft Human DNA Profiling Bill 2012. Section 18-27.
[34]. Department of Biotechnology. DNA Fingerprinting & Diagnostics, Hyderabad. Available at: http://dbtindia.nic.in/uniquepage.asp?id_pk=124. Last accessed: October 10 2012.
[35]. CDFD Annual Report 2010 – 2011.Pg.19. Available at: http://www.cdfd.org.in/images/AR_2010_11.pdf. Last accessed: October 10th 2012.
[36]. CDFD Annual Report 2006-2007.Pg. 13. Available at: http://www.cdfd.org.in/images/AR_2006_07.pdf. Last accessed: October 10th 2012.
[37]. Draft Human DNA Profiling Bill 2012. Section 35
[38]. Id. Section 41.
[39].Council for Responsible Genetics. Overview and Concerns Regarding the Indian Draft DNA Profiling Bill. September 2012. Pg. 9 Available at: http://cis-india.org/internet-governance/indian-draft-dna-profiling-act.pdf/view. Last accessed: October 9th 2012.

For more details visit https://cis-india.org/internet-governance/blog/epw-web-exclusives-oct-27-2012-elonnai-hickok-rethinking-dna-profiling-india

Privacy Perspectives on the 2012 -2013 Goa Beach Shack Policy

elonnai — 2012-10-25T10:23:50Z

CCTVs in India are increasingly being employed by private organizations and the government in India as a way to increase security and prevent/ deter crime from taking place. When the government mandates the use of CCTV’s for this purpose, it often does so by means of a blunt policy mandate, requiring the installation of CCTV systems, but without any further clarification as to who should oversee the use of the cameras, what bodies should have access to the records, how access should be granted or obtained, and how long the recordings should be retained.

The lack of clarity and specificity in these requirements, the fact that these technologies are used in public spaces to collect undefined categories and amounts of information, and the fact that the technology can cut through space – and does not distinguish between private and public and primarily captures information where it is directed to, give rise to privacy concerns and raises fundamental questions about the ways in which technologies can be used to effectively increase security while still protecting the rights of individuals and the promotion of business.

An example of a blanket CCTV installation requirement from the government is seen in the 2012-2013 Goa Beach Shack Policy.[1] This blog will examine the shack policy from a privacy perspective, and how identification requirements are evolving. The blog will explore different principles by which surveillance technologies like CCTVs can be employed in order to promote effectiveness and protect the rights of individuals.

To help understand the current status of the Shack Policy and the extent of CCTV use in Goa, I spoke with a number of shack owners, cyber café owners, the Ministry of Tourism, and the Police of Goa. In this blog I do not use any direct quotes and write only from the perspective of my personal observations.

Current Status of the Shack Policy

This year, for the 2012-2013 tourist season, the Department of Tourism of Goa is implementing the Beach Shack Policy for regulating the establishment and running of temporary shacks at beaches in Goa. The policy applies only to the licensing, construction, maintenance, and demolition of temporary shacks on beaches owned by the government. The policy lays out requirements that must be submitted by applicants for obtaining a license and requirements relating to the operation of the shacks including size, security, health and safety, and noise control. Shacks, huts, hotels, etc. built on private land do not come under the scope of the policy. The shacks can only be bars and restaurants that can run from November 1^st through May 31^st, after which they must be taken down until the next season. The licensing of these shacks is to enable local employment opportunities in Goa. This can be seen by the requirement in the policy that Shacks are to be granted to only one member of the family who is unemployed.[2] Currently, the Ministry of Tourism has almost completed the allotment of shack spaces on all beaches in Goa. The police will assist in the enforcement of the policy, but their exact role is in the process of being clarified. Before the 2012-2013 policy, shacks were regulated by annual beach shack policies, which are not available online, but can be accessed through an RTI request to the Department of Tourism. Resistance to the policy has been seen by some because of concerns that the shacks will take away business from local private owners, will block fishing boats, will cause trash and sewage problems, and create issues for free movement of people on the beach.

Inside the policy:

Application Requirements

To apply for a license for a temporary shack, every application must be turned in by hand and must be accompanied by a residence certificate in original issued by Village Panchayat Municipality, attested copy of ration card, four copies of a recent colored passport photos with name written on the back, attested copy of birth certificate/passport copy/Pan Card and any other information that the applicant desires to furnish, and affidavit. In addition individuals must provide their name, address, telephone number, name of the shack, name of the beach stretch, nationality, experience, and any other information they wishes to provide.[3] These requirements are not excessive and have been kept to what seems minimally necessary for providing a license, though the option for individuals to provide any additional information they wish – could be used to convey meaningful information or extraneous information to the government.

Operational Requirements

The policy has a number of operational requirements for shack owners as well. For example owners must clearly display a self identifying photograph on the shack[4] and they must agree to assist the Tourism Department and Police department in stopping any crime and violation of any law along the Beach.[5]

The policy also requires that any person handling food must take a course conducted by IHMCT, GTDC, or Porvorim,[6] shacks must also be made out of eco friendly material as much as possible and the use of cement is banned,[7] and the proper disposal of trash and waste water will be the responsibility of the shack owner.[8] Furthermore, foreigners working in the shacks must have a work visa,[9] and loud music is not allowed to be played after 10:30 p.m.[10]

As noted in the introduction, each shack must install a CCTV surveillance system that provides real-time footage with an internal looping system in a non-invasive form. [11] But I got to understand that the CCTV requirement will be slowly introduced and will not be implemented this year due to resistance from shack owners. When the requirement is implemented, hopefully different aspects around the use of CCTVs will be clarified including: the retention period for the recordings, access control to the recordings, the responsibilities of the shack owner, where the camera will be set up and where it needs to be directed to, etc.

Currently in Goa there are official requirements for CCTVs to be installed in Cyber Cafes under section 144 of the CrPc. This requirement only came into effect on October 1st 2012.[12]Some private hotels, huts, and restaurants run CCTV cameras for their own security purposes. When asked if CCTVs will also become mandatory for private areas, some said this will happen, while others said it would be difficult to implement.

Enforcement

The policy uses a number of measures to ensure enforcement. For examples, successful applicants must place a security deposit of 10,000 with Director of Tourism. If any term of the policy is violated, the deposited amount will be given to the Government Treasury and the individual is required to pay another Rs. 10,000 to continue operating.[13]The placement of deck beds on the beach without authorization will also be treated as an offense under the Goa Tourist Places (protection and maintenance) Act 2001 and will be punished with a term of imprisonment minimum three months, which may extend to 3 years, and a fine which may extend to Rs. 5,000 or both. All offenses under the Act are cognizable and non-refundable. [14] If the shack is not dismantled at the end of the season, the individual will have their application rejected for the next three years.[15] Shack owners will also be penalized of they are caught discriminating against who can and cannot enter into the shack.[16]

Interestingly, though CCTV cameras can be used to ‘catch’ a number of offenses, the offenses that are penalized under the Act do not seem to require the presence of a CCTV camera. Additionally, the policy is missing penalties for the tampering and misuse of these cameras and unauthorized access to recordings.

Other practices around security and identification in Goa

In 2011 Goa also issued a new ‘C’ form that must be filled out by foreigners entering hotels.[17]

The form requires twenty six categories of information to be filled out including: permanent address, next destination to be proceeded to, contact number in hotel, purpose of visit, whether employed in India, and where the foreigner arrived from. According to hotel owners, three copies of these records are made. Two are submitted to the police and one is kept with the hotel. The records kept with the hotel are often kept for an undefined time period. In 2011 the police also enforced a new practice where every shack, hut, hotel etc. must have an all night security guard to ensure security on the beach. It was noted that registration of migrant workers is now mandatory, and that non-registered or undocumented vendors are removed from working on the beaches.

Will the 2012 – 2013 Beach Shack Policy have new implications?

In its current form, especially taking into consideration that the CCTV requirement will not be implemented immediately, the 2012 – 2013 shack policy does not seem alarming from a privacy perspective. On the general policy, though the penalties, such as the possibility of three months in prison for having too many beach chairs, seems to be over-reaching, there are a number of positive requirements in the policy such as the use of eco-friendly material, noise control, and strict procedures for disposing of trash and sewage.

The privacy perspective could change when CCTVs are implemented. The amount of data that would be generated and the ambiguity around the employment of the cameras could raise a number of privacy concerns. Yet the fact that this part of the policy will only be implemented later down the road seems indicative of both the shack owners discomfort in using the technology, and perhaps the government’s recognition that a certain level of ground work needs to be done before CCTVs are made mandatory for every shack in the state. Hopefully before the requirement is implemented, the ground work will be set up either at a national level – in the form of a national privacy legislation, or at the state level – in the form of appropriate safeguards and procedures built into the policy.

At the macro level, and when examined in the context of the growing use of CCTVs by private owners, the implementation of the UID and NPR requirements in Goa, and the introduction of the new ‘C’ form for foreigners, the CCTV requirement found in the Shack Policy seems to part of a growing trend across the country where the government seems to seek to identify all individuals and their movements/actions for unclear and undefined purposes, and looks towards identification through the collection of personal information and use of technology as a means to solve security issues.

For example, Goa is not the only city to consider mandatory installation of CCTV’s. In Delhi, the Department of Tourism issued a similar requirement in a 2012 amendment to the “existing Guidelines for Classification/Reclassification of Hotels”. According to the amendment hotels applying for approval are required to provide documentation that security features including CCTV systems are in place.[18] Similarly, in 2011 the Delhi State Industrial and Infrastructure Development Corporation began implementing a plan to install CCTVs outside of government and private liquor shops, amounting to 550 shops in total. The goal was to use the CCTV cameras to catch individuals breaking the Excise Act on camera and use the recordings during trials. According to news coverage, the cameras are required to be capable of recording images 50 meters away and all data must be stored for a period of 30 days.[19]

The ambiguity that exists around the legal use of many of these security systems and technologies, including CCTV’s was recently highlighted in Report of the Group of Experts on Privacy headed by Justice A.P Shah.[20] The report noted that the use of CCTV cameras and more broadly the use of electronic recording devices in India is an area that needs regulation and privacy safeguards. The report describes how the nine proposed national privacy principles of notice, choice and consent, collection limitation, purpose limitation, access and correction, disclosure of information, security, and openness, could be applied and will be affected by the use of these technologies.[21]

Conclusion

In India and elsewhere, the police are faced on a daily basis with the challenge of preventing and responding to all types of crime, and from this perspective – any information, clue, or lead is helpful and necessary, and the potential usefulness of CCTVs in identifying criminals and to some extent deterring crime is clear. On the other hand when CCTVs are employed without safeguards and regulations it could result in infractions of privacy and rights or could simply move the crime away from the surveilled area to an unsurveilled area.

Finding a way to ensure that police have access to the information that they need and that crime is prevented, while at the same time ensuring that the rights of individuals are not compromised, and the private sectors ability to easily do business is not limited by unrealistic security requirements, is an important discussion that governments, policy makers, and the public should be having. The answer hopefully is not found in a binary game of all or nothing, surveillance or no surveillance – but instead is found through mechanisms and principles that apply to both security and privacy such as transparency, oversight, proportionality, and necessity. For example, practices around what access the police legally have via surveillance systems, retention practices, cost of implementing surveillance, and amount of surveillance undertaken each year could be made transparent to the public to ensure that the public is informed and aware of the basic information around these systems. Furthermore, clear oversight over surveillance systems including distinction between the responsibilities and liabilities can ensure that unreasonable requirements are not placed. Lastly any surveillance that is undertaken should be necessary and proportional to the crime or threat that it is being used to prevent or detect. These principles along with the defined National Privacy Principles could help measure what amount and what type of surveillance could be the most effective, and ensure that when surveillance is employed it is done in a way that also protects the rights of individuals and the private sector.

Notes
[1].Ministry of Tourism. Goa Government. 2012-2013 Beach Shack Policy. Available at: http://bit.ly/Xk18NH. Last accessed: October 24th 2012.
[2]. Id. Section 2.
[3]. Id. Application Requirements 1-8. Pg 1&2.
[4]. Section 33.
[5].A part of the affidavit
[6].Id. Section 4.
[7]. Id. Section 17.
[8].Id. Section 28.
[9]. Id. Section 35.
[10].Id. Section 37.
[11]. Id. Section 38.
[12]. Order No. 38/10/2006. Under Section 144 of the Code of Criminal Procedure, 1973. Available at: http:// www.goaprintingpress.gov.in/downloads/1213/1213-28-SIII-OG.pdf
[13]. Beach Shack Policy 2012 - 2013, Section 16.
[14]. Id. Section 18.
[15]. Id. Section 22.
[16]. Id. Section 32.
[17]. Arrival Report of Foreigner in Hotel.”Form C” . Available at: http://bit.ly/TbUO4S
[18]. Government of India. Ministry of Tourism. Amendment in the existing Guidelines for Classification / Reclassification of Hotels. June 28^th 2012. Available at: http://bit.ly/RXtgBg. Last Accessed: October 24th 2012.
[19]. Bajpaj, Ravi. CCTV shots to check drinking outside city liquor vends. The Indian Express reproduced on the website of dsidc. December 20^th 2011. Available at: http://bit.ly/VHwCzd. Last accessed: October 24th 2012.
[20]. GOI. Report of the Group of Experts on Privacy. October 2012. Available at: http://bit.ly/VqzKtr. Last accessed: October 24th 2012.
[21]. Id. pg. 61-62.

For more details visit https://cis-india.org/internet-governance/blog/privacy-perspectives-on-the-2012-2013-goa-beach-shack-policy

Panel suggests law to protect individual privacy

praskrishna — 2012-10-22T14:37:28Z

A government-appointed expert panel Thursday called for a law to protect individual privacy against misuse of information collected by various agencies, public and private, and through various methods like telephone tapping.

Published in Newstrack India on October 18, 2012.

Concerns have been voiced by various quarters in the country on the possible invasion of citizen's privacy guaranteed under Article 21 of the Constitution through national programmes like Unique Identification number, reproductive rights of women, DNA profiling and brain mapping which will be implemented through the information, communication and technology (ICT) platforms.

Minister of State for Planning Ashwani Kumar last year had constituted the experts group to identify the privacy issues and prepare a report to facilitate authoring of the privacy bill.

The group, headed by former Delhi High Court Chief Justice A.P. Shah, recommended setting up of a regulatory framework comprising Privacy Commissioners at the centre and regional levels to deal with privacy issues and mandatory destruction of telephone conversation after a specified period.

As regards the specific issue of phone tapping, it said "interception orders must be specific and all interceptions would only be in force for a period of 60 days and renewed for a period up to 180 days".

It suggested that the records of the conservation should be destroyed by security agencies and telephone service providers within stipulated time frame.

"Records of interception must be destroyed by security agencies after six months or nine months and service providers must destroy after two or six months," it said.

Acccording to an official release, the following are some of the major recommendations made in the panel's report:

The regulatory framework will consist of Privacy Commissioners at the Central and Regional levels.

A system of co-regulation that will give self-regulating organizations at industry level choice to develop privacy standards which should be approved by a Privacy Commissioner.

Individuals would be given the choice (opt-in/opt-out) with regard to providing their personal information and the data controller would take individual consent only after providing inputs of its information practices.

The data controller shall only collect personal information from data subjects as is necessary for the purposes identified for such collection as well as process the data relevant to the purpose for which they are collected.

The data collected would be put to use for the purpose for which it has been collected. Any change in the usage would be done with the consent of the person concerned.

Data collected and processed would be relevant for the purpose and no additional data elements would be collected from the individual.

Interception orders must be specific and all interceptions would only be in force for a period of 60 days and renewed for a period up to 180 days. Records of interception must be destroyed by security agencies after 6 months or 9 months and service providers must destroy after 2 months or 6 months.

Infringement of any provision under the Act would constitute an offence by which individuals may seek compensation for an organization/bodies held accountable to.

Note: CIS was part of the expert committee even though not explicitly mentioned.

For more details visit https://cis-india.org/news/newstrackindia-october-18-2012-suggests-law-to-protect-individual-privacy

We are anonymous, we are legion

Best Bits 2012

Agenda

Day 1, Saturday, November 3, 2012

Day 2, Sunday, November 4, 2012

Attending Remotely

Cloudy Jurisdiction: Addressing the thirst for Cloud Data in Domestic Legeal Processes

Power to youth

Indian Government's Submission to ITU

The Privatisation of Censorship: The Online Responsibility to Protect Free Expression

Submission on India's Draft Comments on Proposed Changes to the ITU's ITRs

Background

Follow-up

On social media, Modi goes soft

Arrested for tweeting: Legitimate or Curbing Free Speech?

Submission by Indian Civil Society Organisations on Proposals for the Future ITRs and Related Processes

October 2012 Bulletin

Public Call for Comments

Blog Entries

Analysis

Blog Entry

Event Organised

Wikipedia Education Programs

Wikipedia Workshops

Wikipedia Event

Wikipedia Press Coverage

Wikipedia Team Updates

Column

Analysis

Upcoming IGF Events

Other Upcoming Event

Event organised

Events Participated

Video

Media Coverage

Column in Business Standard

Newspaper Column

*About CIS*

Bolstering right to remain private

The Rules of Engagement

Rethinking DNA Profiling in India

Privacy Perspectives on the 2012 -2013 Goa Beach Shack Policy

Current Status of the Shack Policy

Inside the policy:

Application Requirements

Operational Requirements

Enforcement

Other practices around security and identification in Goa

Will the 2012 – 2013 Beach Shack Policy have new implications?

Conclusion

Panel suggests law to protect individual privacy

About CIS