We are anonymous, we are legion

The Global Nature of Cybersecurity in a Changing World

Admin — 2019-07-05T02:26:52Z

Arindrajit Basu represented CIS at the annual grantee convening of the Hewlett Foundation held at San Diego from 20 - 22 June 2019.

Cybersecurity knows no borders and is not limited to any one geography or culture. The challenges and opportunities facing cybersecurity experts, policymakers and the public areglobal in nature and require globally-minded solutions at all levels. At the same time, rapid changes in technology have a direct impact on societies around the world and the changingthreat environment. The Hewlett Foundation’s 2019 Cyber Initiative Grantee Convening will focus on two pillars: (1) the global nature of cyberspace and (2) emerging technologychallenges and solutions. We will come together to share our work in this space and identify opportunities for meaningful collaboration.

For more info, click here.

For more details visit https://cis-india.org/telecom/news/the-global-nature-of-cybersecurity-in-a-changing-world

The Geopolitics of Information Controls: A Presentation by Masashi Crete-Nishihata

praskrishna — 2013-06-26T09:56:01Z

Masashi Crete-Nishihata will give a talk on Citizen Lab's activities and present its approach to the study of information controls through recent research and case studies. The talk will be held on June 19, 2013 at TERI Auditorium in Bangalore, 5 p.m. to 7.30 p.m.

The Citizen Lab

The Citizen Lab is an interdisciplinary research group based at the University of Toronto. It explores the intersection of
information technology, global security, and human rights through technical, policy, and legal research.

A central focus of Citizen Lab's research analyzes the prevalence, operation, and impact of information controls. Information controls can be conceptualized as actions conducted in and through the Internet and other information and communication technologies. Such controls seek to deny (as with Internet filtering), disrupt (as in denial-of-service
attacks), or monitor (such as passive or targeted surveillance) information for political ends.

Masashi Crete-Nishihata

Masashi is the research manager of the Citizen Lab at the Munk School of Global Affairs, University of Toronto. He has published work on information controls during the 2008 Russia-Georgia conflict, cyber security research ethics, cyber attacks against Burmese media groups, and the psychosocial impacts of lifelogging technologies. His research interests include technology policy, information controls, and human computer interaction.

Relevant Links

http://citizenlab.org

http://citizenlab.org/publications/

https://citizenlab.org/2013/03/you-only-click-twice-finfishers-global-proliferation-2/

Please RSVP as seats are limited.
RSVP: Purba Sarkar (purba@cis-india.org)

Video

For more details visit https://cis-india.org/internet-governance/events/geo-politics-of-information-controls

The Geopolitics of Cyberspace: A Compendium of CIS Research

arindrajit — 2021-11-15T14:48:49Z

Cyberspace is undoubtedly shaping and disrupting commerce, defence and human relationships all over the world. Opportunities such as improved access to knowledge, connectivity, and innovative business models have been equally met with nefarious risks including cyber-attacks, disinformation campaigns, government driven digital repression, and rabid profit-making by ‘Big Tech.’ Governments have scrambled to create and update global rules that can regulate the fair and equitable uses of technology while preserving their own strategic interests.

With a rapidly digitizing economy and clear interests in shaping global rules that favour its strategic interests, India stands at a crucial juncture on various facets of this debate. How India governs and harnesses technology, coupled with how India translates these values and negotiates its interests globally, will surely have an impact on how similarly placed emerging economies devise their own strategies. The challenge here is to ensure that domestic technology governance as well as global engagements genuinely uphold and further India’s democratic fibre and constitutional vision.

Since 2018, researchers at the Centre for Internet and Society have produced a body of research including academic writing, at the intersection of geopolitics and technology covering global governance regimes on trade and cybersecurity, including their attendant international law concerns, the digital factor in bilateral relationships (with a focus on the Indo-US and Sino-Indian relationships). We have paid close focus to the role of emerging technologies in this debate, including AI and 5G as well as how private actors in the technology domain, operating across national jurisdictions, are challenging and upending traditionally accepted norms of international law, global governance, and geopolitics.

The global fissures in this space matter fundamentally for individuals who increasingly use digital spaces to carry out day to day activities: from being unwitting victims of state surveillance to harnessing social media for causes of empowerment to falling prey to state-sponsored cyber attacks, the rules of cyber governance, and its underlying politics. Yet, the rules are set by a limited set of public officials and technology lawyers within restricted corridors of power. Better global governance needs more to be participatory and accessible. CIS’s research and writing has been cognizant of this, and attempted to merge questions of global governance with constitutional and technical questions that put individuals and communities centre-stage.

Research and writing produced by CIS researchers and external collaborators from 2018 onward is detailed in the appended compendium.

Compendium

Global cybersecurity governance and cyber norms

Two decades since a treaty governing state behaviour in cyberspace was mooted by Russia, global governance processes have meandered along. The security debate has often been polarised along “Cold War” lines but the recent amplification of cyberspace governance as developmental, social and economic has seen several new vectors added to this debate. This past year two parallel processes at the United Nations General Assembly’s First Committee on Disarmament and International Security-United Nations Group of Governmental Experts (UN-GGE) and the United Nations Open Ended Working Group managed to produce consensus reports but several questions on international law, norms and geopolitical co-operation remain. India has been a participant at these crucial governance debates. Both the substance of the contribution, along with its implications remain a key focus area for our research.

Edited Volumes

Karthik Nachiappan and Arindrajit Basu India and Digital World-Making, Seminar 731, 1 July 2020 (featuring contributions from Manoj Kewalramani, Gunjan Chawla, Torsha Sarkar, Trisha Ray, Sameer Patil, Arun Vishwanathan, Vidushi Marda, Divij Joshi, Asoke Mukerji, Pallavi Raghavan, Karishma Mehrotra, Malavika Raghavan, Constantino Xavier, Rajen Harshe' and Suman Bery)

Long-Form Articles

Arindrajit Basu and Elonnai Hickok, Cyberspace and External Affairs: A Memorandum for India (Memorandum, Centre for Internet and Society, 30 Nov 2018)
The Potential for the Normative Regulation of Cyberspace (White Paper, Centre for Internet and Society, 30 July 2018)
Arindrajit Basu and Elonnai Hickok Conceptualizing an International Security Architecture for cyberspace (Briefings of the Global Commission on the Stability of Cyberspace, Bratislava, Slovakia, May 2018)
Sunil Abraham, Mukta Batra, Geetha Hariharan, Swaraj Barooah, and Akriti Bopanna, India's contribution to internet governance debates (NLUD Student Law Journal, 2018)

Blog Posts and Op-eds

Arindrajit Basu, Irene Poetranto, and Justin Lau, The UN struggles to make progress in cyberspace, Carnegie Endowment for International Peace, May 19th, 2021
Andre’ Barrinha and Arindrajit Basu, Could cyber diplomacy learn from outer space, EU Cyber Direct, 20th April 2021
Arindrajit Basu and Pranesh Prakash, Patching the gaps in India’s cybersecurity, The Hindu, 6th March 2021
Arindrajit Basu and Karthik Nachiappan, Will India negotiate in cyberspace?, Leiden Security and Global Affairs blog,December 16, 2020
Elizabeth Dominic, The debate over internet governance and cybercrimes: West vs the rest?, Centre for Internet and Society, June 08, 2020
Arindrajit Basu, India’s role in Global Cyber Policy Formulation, Lawfare, Nov 7, 2019
Pukhraj Singh, Before cyber norms,let's talk about disanalogy and disintermediation, Centre for Internet and Society, Nov 15th, 2019
Arindrajit Basu and Karan Saini, Setting International Norms of Cyber Conflict is Hard, But that Doesn’t Mean that We Should Stop Trying, Modern War Institute, 30th Sept, 2019
Arindrajit Basu, Politics by other means: Fostering positive contestation and charting red lines through global governance in cyberspace (Digital Debates, Volume 6, 2019)
Arindrajit Basu, Will the WTO Finally Tackle the ‘Trump’ Card of National Security? (The Wire, 8th May 2019)

Policy Submissions

Arindrajit Basu, CIS Submission to OEWG (Centre for Internet and Society, Policy Submission, 2020)
Aayush Rathi, Ambika Tandon, Elonnai Hickok, and Arindrajit Basu. “CIS Submission to UN High-Level Panel on Digital Cooperation.” Policy submission. Centre for Internet and Society, January 2019.
Arindrajit Basu,Gurshabad Grover, and Elonnai Hickok. “Response to GCSC on Request for Consultation: Norm Package Singapore.” Centre for Internet and Society, January 17, 2019.
Arindrajit Basu and Elonnai Hickok. Submission of Comments to the GCSC Definition of ‘Stability of Cyberspace (Centre for Internet and Society, September 6, 2019)

Digital Trade and India's Political Economy

The modern trading regime and its institutions were born largely into a world bereft of the internet and its implications for cross-border flow and commerce. Therefore, regulatory ambitions at the WTO have played catch up with the technological innovation that has underpinned the modern global digital economy. Driven by tech giants, the “developed” world has sought to restrict the policy space available to the emerging world to impose mandates regarding data localisation, source code disclosure, and taxation - among other initiatives central to development. At the same time emerging economies have pushed back, making for a tussle that continues to this day. Our research has focussed both on issues of domestic political economy and data governance,and the implications these domestic issues have on how India and other emerging economies negotiate at the world stage.

Long-Form articles and essays

Arindrajit Basu, Elonnai Hickok and Aditya Chawla, T he Localisation Gambit: Unpacking policy moves for the sovereign control of data in India (Centre for Internet and Society, March 19, 2019)
Arindrajit Basu,Sovereignty in a datafied world: A framework for Indian diplomacy in Navdeep Suri and Malancha Chakrabarty (eds) A 2030 Vision for India’s Economic Diplomacy (Observer Research Foundation 2021)
Amber Sinha, Elonnai Hickok, Udbhav Tiwari and Arindrajit Basu, Cross Border Data-Sharing and India (Centre for Internet and Society, 2018)

Blog posts and op-eds

Arindrajit Basu, Can the WTO build consensus on digital trade, Hinrich Foundation,October 05,2021
Amber Sinha, The power politics behind Twitter versus Government of India, The Wire, June 03, 2021
Karthik Nachiappan and Arindrajit Basu, Shaping the Digital World, The Hindu, 30th July 2020
Arindrajit Basu and Karthik Nachiappan, India and the global battle for data governance, Seminar 731, 1st July 2020
Amber Sinha and Arindrajit Basu, Reliance Jio-Facebook deal highlights India’s need to revisit competition regulations, Scroll, 30th April 2020
Arindrajit Basu and Amber Sinha, The realpolitik of the Reliance-Jio Facebook deal, The Diplomat, 29th April 2020
Arindrajit Basu, The Retreat of the Data Localization Brigade: India, Indonesia, Vietnam, The Diplomat, Jan 10, 2020
Amber Sinha and Arindrajit Basu, The Politics of India’s Data Protection Ecosystem, EPW Engage, 27 Dec 2019
Arindrajit Basu and Justin Sherman, Key Global Takeaways from India’s Revised Personal Data Protection Bill, Lawfare, Jan 23, 2020
Nikhil Dave,“Geo-Economic Impacts of the Coronavirus: Global Supply Chains.” Centre for Internet and Society , June 16, 2020.

International Law and Human Rights

International law and human rights are ostensibly technology neutral, and should lay the edifice for digital governance and cybersecurity today. Our research on international human rights has focussed on global surveillance practices and other internet restrictions employed by a variety of nations, and the implications this has for citizens and communities in India and similarly placed emerging economies. CIS researchers have also contributed to, and commented on World Intellectual Property Organization negotiations at the intersection of international Intellectual Property (IP) rules and the human rights.

Long-form article

Arindrajit Basu, Extra Territorial Surveillance and the incapacitation of international human rights law, 12 NUJS LAW REVIEW 2 (2019)
Gurshabad Grover and Arindrajit Basu, ”Internet Blockage”(Scenario contribution to NATO CCDCOE Cyber Law Toolkit,2021)
Arindrajit Basu and Elonnai Hickok, Conceptualizing an international framework for active private cyber defence (Indian Journal of Law and Technology, 2020)
Arindrajit Basu,Challenging the dogmatic inevitability of extraterritorial state surveillance in Trisha Ray and Rajeswari Pillai Rajagopalan (eds) Digital Debates: CyFy Journal 2021 (New Delhi:ORF and Global Policy Journal,2021)

Blog Posts and op-eds

Arindrajit Basu, “Unpacking US Law And Practice On Extraterritorial Mass Surveillance In Light Of Schrems II”, Medianama, 24th August 2020
Anubha Sinha, “World Intellectual Property Organisation: Notes from the Standing Committee on Copyright Negotiations (Day 1, Day 2, Day 3 and 4)”, July 2021
Raghav Ahooja and Torsha Sarkar,How (not) to regulate the internet:Lessons from the Indian Subcontinent,Lawfare,September 23,2021,

Bilateral Relationships

Technology has become a crucial factor in shaping bilateral and plurilateral co-operation and competition. Given the geopolitical fissures and opportunities since 2020, our research has focussed on how technology governance and cybersecurity could impact the larger ecosystem of Indo-China and India-US relations. Going forward, we hope to undertake more research on technology in plurilateral arrangements, including the Quadrilateral Security Dialogue.

Arindrajit Basu and Justin Sherman, The Huawei Factor in US-India Relations,The Diplomat, 22 March 2021
Aman Nair, “TIkTok: It’s Time for Biden to Make a Decision on His Digital Policy with China,” Centre for Internet and Society, January 22, 2021,
Arindrajit Basu and Gurshabad Grover, India Needs a Digital Lawfare Strategy to Counter China, The Diplomat, 8th October 2020
Anam Ajmal, The app ban will have an impact on the holding companies...global power projection begins at home, Times of India, July 7th, 2020 (Interview with Arindrajit Basu)
Justin Sherman and Arindrajit Basu, Trump and Modi embrace, but remain digitally divided, The Diplomat, March 05th, 2020

Emerging Technologies

Governance needs to keep pace with the technological challenges posed by emerging technologies, including 5G and AI. To do so an interdisciplinary approach that evaluates these scientific advances in line with the regimes that govern them is of utmost importance. While each country will need to regulate technology through the lens of their strategic interests and public policy priorities, it is clear that geopolitical tensions on standard-setting and governance models compels a more global outlook.

Long-Form reports

Anoushka Soni and Elizabeth Dominic, Legal and Policy implications of Autonomous weapons systems (Centre for Internet and Society, 2020)
Aayush Rathi, Gurshabad Grover, and Sunil Abraham, Regulating the internet: The Government of India & Standards Development at the IETF (Centre for Internet and Society, 2018)

Blog posts and op-eds

Aman Nair, Would banning Chinese telecom companies make India 5G secure in India? Centre for Internet and Society, 22nd December 2020
Arindrajit Basu and Justin Sherman, Two New Democratic Coalitions on 5G and AI Technologies, Lawfare, 6th August 2020
Nikhil Dave, The 5G Factor: A Primer, Centre for Internet and Society, July 20, 2020.
Gurshabad Grover, The Huawei bogey Indian Express, May 30th, 2019
Arindrajit Basu and Pranav MB, What is the problem with 'Ethical AI'?:An Indian perspective, Centre for Internet and Society, July 21, 2019

(This compendium was drafted by Arindrajit Basu with contributions from Anubha Sinha. Aman Nair, Gurshabad Grover, and Pranav MB reviewed the draft and provided vital insight towards its conceptualization and compilation. Dishani Mondal and Anand Badola provided important inputs at earlier stages of the process towards creating this compendium)

For more details visit https://cis-india.org/internet-governance/blog/arindrajit-basu-september-24-2021-the-geopolitics-of-cyberspace-compendium-of-cis-research

The generation of e-Emergency

sunil — 2015-06-29T16:40:54Z

The next generation of censorship technology is expected to be ‘real-time content manipulation’ through ISPs and Internet companies.

The article was published in Livemint on June 22, 2015.

Censorship during the Emergency in the 1970s was done by clamping down on the media by intimidating editors and journalists, and installing a human censor at every news agency with a red pencil. In the age of both multicast and broadcast media, thought and speech control is more expensive and complicated but still possible to do. What governments across the world have realized is that traditional web censorship methods such as filtering and blocking are not effective because of circumvention technologies and the Streisand effect (a phenomenon in which an attempt to hide or censor information proves to be counter-productive). New methods to manipulate the networked public sphere have evolved accordingly. India, despite claims to the contrary, still does not have the budget and technological wherewithal to successfully pull off some of the censorship and surveillance techniques described below, but thanks to Moore’s law and to the global lack of export controls on such technologies, this might change in the future.

First, mass technological-enabled surveillance resulting in self-censorship and self-policing. The coordinated monitoring of Occupy protests in the US by the Department of Homeland Security, the Federal Bureau of Investigation (FBI) counter-terrorism units, police departments and the private sector showcased the bleeding edge of surveillance technologies. Stingrays or IMSI catchers are fake mobile towers that were used to monitor calls, Internet traffic and SMSes. Footage from helicopters, drones, high-res on-ground cameras and the existing CCTV network was matched with images available on social media using facial recognition technology. This intelligence was combined with data from the global-scale Internet surveillance that we know about thanks to the National Security Agency (NSA) whistle-blower Edward Snowden, and what is dubbed “open source intelligence” gleaned by monitoring public social media activity; and then used by police during visits to intimidate activists and scare them off the protests.

Second, mass technological gaming—again, according to documents released by Snowden, the British spy agency, GCHQ (Government Communications Headquarters), has developed tools to seed false information online, cast fake votes in web polls, inflate visitor counts on sites, automatically discover content on video-hosting platform and send takedown notices, permanently disable accounts on computers, find private photographs on Facebook, monitor Skype activity in real time and harvest Skype contacts, prevent access to certain websites by using peer-to-peer based distributed denial of service attacks, spoof any email address and amplify propaganda on social media. According to The Intercept, a secret unit of GCHQ called the Joint Threat Research Intelligence Group (JTRIG) combined technology with psychology and other social sciences to “not only understand, but shape and control how online activism and discourse unfolds”. The JTRIG used fake victim blog posts, false flag operations and honey traps to discredit and manipulate activists.

Third, mass human manipulation. The exact size of the Kremlin troll army is unknown. But in an interview with Radio Liberty, St. Petersburg blogger Marat Burkhard (who spent two months working for Internet Research Agency) said, “there are about 40 rooms with about 20 people sitting in each, and each person has their assignments.” The room he worked in had each employee produce 135 comments on social media in every 12-hour shift for a monthly remuneration of 45,000 rubles. According to Burkhard, in order to bring a “feeling of authenticity”, his department was divided into teams of three—one of them would be a villain troll who would represent the voice of dissent, the other two would be the picture troll and the link troll. The picture troll would use images to counter the villain troll’s point of view by appealing to emotion while the link troll would use arguments and references to appeal to reason. In a day, the “troika” would cover 35 forums.

The next generation of censorship technology is expected to be “real-time content manipulation” through ISPs and Internet companies. We have already seen word filters where blacklisted words or phrases are automatically expunged. Last week, Bengaluru-based activist Thejesh GN detected that Airtel was injecting javascript into every web page that you download using a 3G connection. Airtel claims that it is injecting code developed by the Israeli firm Flash Networks to monitor data usage but the very same method can be used to make subtle personalized changes to web content. In China, according to a paper by Tao Zhu et al titled The Velocity of Censorship: High-Fidelity Detection of Microblog Post Deletions, “Weibo also sometimes makes it appear to a user that their post was successfully posted, but other users are not able to see the post. The poster receives no warning message in this case.”

More than two decades ago, John Gilmore, of Electronic Frontier Foundation, famously said, “the Net interprets censorship as damage and routes around it.” That was when the topology of the Internet was highly decentralized and there were hundreds of ISPs that competed with each other to provide access. Given the information diet of the average netizen today, the Internet is, for all practical purposes, highly centralized and therefore governments find it easier and easier to control.

For more details visit https://cis-india.org/internet-governance/blog/livemint-june-22-2015-sunil-abraham-the-generation-of-e-emergency

The Gay Pride Charade

nishant — 2016-07-25T01:10:28Z

For most of the milllenials, news is formed by trends, what goes viral, and often open to speculation, projection, manipulation and deceit.

The article was published in Indian Express on July 3, 2016.

The world of social media can be a minefield of misinformation, and it does get difficult to verify facts and ensure the veracity of the information that comes to us on the winged notifications of our apps. This becomes starkly clear in times of crises. Hence, when the historic and heinous shootout at a gay night club in Orlando, USA, shook the world with horror and grief a couple of weeks ago, when the first tweets appeared on my timeline, my initial reaction was denial. Instead of believing those first responders, I was already searching for more credible news lines that could confirm — or hopefully deny — the massacre. It took only a few minutes, though, to realise that #StandWithOrlando was a reality that we will have to accommodate in the story of continued violence and abuse of sexual minorities around the world.

However, not all deception is bad. One of the most fantastic responses to the shoot-out was from a Quebec-based satirical website called JournalDemourreal.com that published a photoshopped image showing the Canadian PM Justin Trudeau kissing the leader of the Canadian opposition party Tom Mulcair, with a headline that the two, despite their differences, are “united against homophobia”. I know that I liked this fake story four times on different newsfeeds, half-believing, half-wishing that it was true, before I realised that it is a hoax. Morphed as it might be, the doctored image enabled people to talk about the tragedy as demanding a personal and a policy-level action, ranging from acceptance and freedom, to control of guns and protecting the rights of life and dignity for the sexual minorities who continue to remain persecuted in the world.

The image also allowed many queer people in different parts of the world — especially in the countries where homosexuality continues to be criminalised and severely punished — to participate not only in the global grief but also to demand that their governments take more responsibility towards its queer population.

While this photoshopped picture was making the rounds, another tweet showed up on my timeline. This time it was a tweet from our media-savvy PM, Narendra Modi, who claimed that he was “shocked at the shootout in Orlando.”And further added that his “thoughts and prayers are with the bereaved families and the injured”. When I saw this tweet, my reaction again, was that this must be another joke. Because even as queer rights activists in the country struggle to fight for the decriminalisation of homosexuality, through their curative petitions in the Supreme Court in India, PM Modi’s government has continued its hateful diatribe against queer people in the country. His party has called homosexuality “anti-Indian” and “anti-family”. The party’s favourite, Baba Ramdev, continues his hate speech, offering to cure homosexuality through yoga.

Ever since the current government took power, documented hate crimes against queer people have more than doubled in the country. So when the PM decided to offer his condolences to those in Orlando, I figured that either it was a fake Twitter account masquerading as the PM or it was some kind of a hacker troll — maybe Anonymous, the online guerrilla activists, who recently took over ISIS- friendly websites and filled them up with information about male homosexuality as a response to the shoot-out — had taken control of the Twitter account. But it turned out that this piece of information was not photoshopped or hacked. It was actually true, and we were to believe in earnest that while the government doesn’t care about the millions of queer people being denied their rights to live and love in their country, it is heartbroken about what happened in the USA.

It does make you wonder about the world we live in, where a photoshopped image sounded more plausible than an undoctored tweet. It emphasises why Orlando cannot be treated as one isolated instance in another country, but that #WeAreOrlando. For right now, Orlando is also in India. It is a reminder that while we have been fortunate not to have such an instance of dramatic violence, there are millions of people in the country who are forced to live and die in deception for their sexual orientation.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-nishant-shah-july-3-2016-gay-pride-charade

The Future of Work in the Automotive Sector in India

Harsh Bajpai, Ambika Tandon, and Amber Sinha — 2020-03-18T09:00:31Z

This report empirically studies the future of work in the automotive sector in India. The report has been authored by Harsh Bajpai, Ambika Tandon and Amber Sinha. Rakhi Sehgal and Aayush Rathi have edited the report.

Introduction

The adoption of information and communication based technology (ICTs) for industrial use is not a new phenomenon. However, the advent of Industry 4.0 hasbeen described as a paradigm shift in production, involving widespread automation and irreversible shifts in the structure of jobs. Industry 4.0 is widely understood as the technical integration of cyber-physical systems into production and logistics, and the use of Internet of Things (IoTs) in processes and systems. This may pose major challenges for industries, workers, and policymakers as they grapple with shifts in the structure of employment and content of jobs, bring about significant changes in business models, downstream services and the organisation of work.

The adoption of information and communication based technology (ICTs) for industrial use is not a new phenomenon. However, the advent of Industry 4.0 hasbeen described as a paradigm shift in production, involving widespread automation and irreversible shifts in the structure of jobs. Industry 4.0 is widelyunderstood as the technical integration of cyber-physical systems into production and logistics, and the use of Internet of Things (IoTs) in processes and systems.This may pose major challenges for industries, workers, and policymakers as they grapple with shifts in the structure of employment and content of jobs, bringabout significant changes in business models, downstream services and the organisation of work.

Industry 4.0 is characterised by four elements. First, the use of intelligent machines could have significant impact on production through the introduction of automated processes in ‘smart factories.’ Second, real-time production would begin optimising utilisation capacity, with shorter lead times and avoidance of standstills. Third, the self-organisation of machines can lead to decentralisation of production. Finally, Industry 4.0 is commonly characterised by the individualisation of production, responding to customer requests. The advancement of digital technology and consequent increase in automation has raised concerns about unemployment and changes in the structure of work. Globally, automation in manufacturing and services has been posited as replacing jobs with routine task content, while generating jobs with non-routine cognitive and manual tasks.

Some scholars have argued that unemployment will increase globally as technology eliminates tens of million of jobs in the manufacturing sector. It could then result in the lowering of wages and employment opportunities for low skilled workers, and increased investment in capital-intensive technologies for employer.

However, this theory of technologically driven job loss and increasing inequality has been contested on numerous occasions, with the assertion that technology will be an enabler, will change task content rather than displace workers, and will also create new jobs . It has further been argued that other factors such as increasing globalisation, weakening trade unions and platforms for collective bargaining, and disaggregation of the supply chain through outsourcing has led to declined wages, income inequality, inadequate health and safety conditions, and displacement of workers.

In India, there is little evidence of unemployment caused by adoption of technology due to Industry 4.0, but there is a strong consensus that technology affects labour by changing the job mix and skill demand. It should be noted that technological adoption under Industry 4.0 in advanced industrial economies has been driven by cost-benefit analysis due to accessible technology, and a highly skilled labour force. However, these key factors are serious impediments in the Indian context, which brings the large scale adoption of cyber-physical systems into question.

The diffusion of low cost manual labour across a large majority of roles in manufacturing raises concerns about the cost-benefit analysis of investing capital inexpensive automative technology, while also accounting for the resultant displacement of labour. Further, the skill gap across the labour force implies that the adoption of cyber-physical systems would require significant up-skilling or re-skilling to meet the potential shortage in highly skilled professionals.

This is an in-depth case study on the future of work in the automotive sector in India. We chose to focus on the future of work in the automotive sector in India for two reasons: first, the Indian automotive sector is one of largest contributors to the GDP at 7.2 percent, and second, it is one of the largest employment generators among non-agricultural industries. The first section details the structure of the automotive industry in India, including the range of stakeholders, and the national policy framework, through an analysis of academic literature, government reports, and legal documents.

The second section explores different aspects of the future of work in the automotive sector, through a combination of in-depth semi-structured interviews and enterprise-based surveys in the North Indian belt of Gurgaon-Manesar-Dharuhera-Bawal. Challenges posed by shifts in the industrial relations framework, with increasing casualization and emergence of a typical forms of work, will also be explored, with specific reference to crises in collective bargaining and social security. We will then move onto looking at the state of female participation in the workforce in the automotive industry. The report concludes with policy recommendations addressing some of the challenges outlined above.

Read the full report here.

For more details visit https://cis-india.org/internet-governance/blog/harsh-bajpai-ambika-tandon-and-amber-sinha-february-8-2019-the-future-of-work-in-automotive-sector-in-india

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

praskrishna — 2014-02-12T11:12:54Z

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

Snehashish Ghosh will participate in the event as a speaker.

Schedule

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

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

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

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

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

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

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

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

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

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

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

The Future of Privacy in the Age of Big Data

praskrishna — 2016-09-22T23:24:16Z

A study tour on privacy and big data was organised by Friedrich Naumann Foundation for Freedom from September 3 to 10, 2016 in Berlin and Hamburg. Vanya Rakesh was one of the participants from South Asia who went for the tour.

List of Participants

Shahid Ahmad, Deputy Director, Digital Empowerment Foundation
Shahzad Ahmad, Country Director, Bytes for All
Shivam Satnani, Senior Analyst, Data Security Council of India
Vanya Rakesh, Senior Policy Officer, Centre for Internet & Society
Anja Kovacs, Director, Internet Democracy Project
Tshering Cigay Dorji, CEO, Thimphu Tech Park
Vrinda Bhandari, Lawyer and Journalist, Chambers of Trideep Pais (Anwaltskanzlei)
Tahsin Ifnoor Sayeed, Head of Business Intelligence, DNet

Click to see the Agenda

For more details visit https://cis-india.org/internet-governance/news/study-tour-on-future-of-privacy-in-age-of-big-data

The Future of Cyber Governance

praskrishna — 2014-05-27T10:05:43Z

Hague Institute for Global Justice in association with the Observer Research Foundation, Ministry of Foreign Affairs of Netherlands, and the Netherlands Institute for International Relations - Clingendael organized a conference on the Future of Cyber Governance at the Hague from May 13 to 15, 2014. Sunil Abraham was a speaker at this event.

Global Governance Reform Initiative

The Global Governance Reform Initiative (GGRI) seeks to overcome the challenges of global governance in three important domains – cyberspace, oceans and migration – by improving the efficiency, effectiveness and legitimacy of collective actions undertaken by relevant stakeholders.

The current focus of the GGRI is the governance of cyberspace. How cyberspace is governed has significant implications for a range of critical issues, from national security to the protection of individuals’ rights and freedoms. Yet, the governance of cyberspace is highly contested. Tensions exist between those who favour private sector-led, decentralized forms of governance, and those who favour state-led, centralized forms of governance. There is, therefore, a pressing need for practicable policies which can help balance competing demands effectively.

The conference is a platform for 17 outstanding academics and professionals representing a range of countries and sectors to present papers addressing key issues related to the governance of cyberspace. The authors were selected through a competitive application process which sought to balance the candidates’ professional and geographic backgrounds in a manner that would maximize the quality and policy-relevance of the research.

During the conference, the participants will present their papers to a select group of seasoned experts on cyber governance. These experts will provide the participants with constructive feedback on their research findings and policy recommendations. The aim of the conference is to allow the participants to engage in a rigorous analysis of the selected governance challenges in order to craft practicable policy recommendations aimed at improving the governance of cyberspace. The authors of the best papers will be invited to present their work at the 2014 India Conference on Cyber Security and Cyber Governance, organized by the Observer Research Foundation, New Delhi.
The Hague Institute undertakes this project in collaboration with the Netherlands Ministry of Foreign Affairs, the Observer Research Foundation (New Delhi), and the Netherlands Institute of International Relations – Clingendael.

See the full details of the programme here.

Video

For more details visit https://cis-india.org/news/future-of-cyber-governance

The Fundamental Right to Privacy: An Analysis

amber — 2017-10-04T11:19:46Z

Last month’s judgment by the nine judge referral bench was an emphatic endorsement of the the constitutional right to privacy. In the course of a 547 page judgment, the bench affirmed the fundamental nature of the right to privacy reading it into the values of dignity and liberty. In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.

The Fundamental Right to Privacy - Part I: Sources

Much of the debate and discussion in the hearings before the constitutional bench was regarding where in the Constitution a right to privacy may be located. In this paper, we analyse the different provisions and tools of interpretations use by the bench to read a right to privacy in Part III of the Constitution.

Download: PDF

The Fundamental Right to Privacy - Part II: Structure

In the previous paper, we delved into the sources in the Constitution and the interpretive tools used to locate the right to privacy as a constitutional right. This paper follows it up with an analysis of the structure of the right to privacy as articulated by the bench. We will look at the various facets of privacy which form a part of the fundamental right, the basis for such dimensions and what their implications may be.

Download: PDF

The Fundamental Right to Privacy - Part III: Scope

While the previous papers dealt with the sources in the Constitution and the interpretive tools used by the bench to locate the right to privacy as a constitutional right, as well as the structure of the right with its various dimensions, this paper will look at the judgment for guidance on principles to determine what the scope of the right of privacy may be.

Download: PDF

For more details visit https://cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis

The Fundamental Right to Privacy - A Visual Guide

amber — 2018-02-16T05:31:37Z

Privacy is the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. This visual guide to the story of privacy law in India and the recent judgement of the Puttaswamy v. Union of India case is developed by Amber Sinha (research and content) and Pooja Saxena (design and conceptualisation).

The Fundamental Right to Privacy - A Visual Guide: Download (PDF)

For more details visit https://cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-a-visual-guide

The freedom of expression debate: The State must mend fences with The Web

praskrishna — 2013-01-07T10:30:21Z

A fortnight after her arrest, Renu Srinivasan spends her free time singing Ashley Tisdale's number Suddenly. The lyrics - Suddenly people know my name, suddenly, everything has changed - resonate with the story of her life ever since she 'liked' and 'shared' her friend, Shaheen Dhada's, 21, controversial post regarding Shiv Sena chief Bal Thackeray's funeral on Facebook on November 18 and got arrested for it.

The article by Rahul Jayaram was published in India Today on December 18, 2012. Pranesh Prakash is quoted.

She's now flooded with "hundreds" of messages on FB; some congratulatory, others abusive and gets at least a dozen friend requests on the social networking site. When Renu went to the doctor last week, two constables accompanied her.

"All of a sudden, there's too much attention on me," says the Botany graduate from Dandekar College and a budding singer who is making new friends in the virtual world. There's, however, a word from caution from her father P.A. Srinivasan: "Don't comment on controversial issues you don't understand."

Bloggers are careful. Krish Ashok, a well-known blogger is disappointed with the government's lack of engagement with India's surging online community. In a blog post in August 2010, he made fun of the Ramayana and the fact that women couldn't enter the Sabarimala temple in Kerala. A group called Hindu Janajagruti Samiti threatened to take him to court. Ashok spoke to his lawyer.

"I was amazed. She said no individual could take action against me. But a group or organisation could," he says. Since then, he has become more aware of his Internet rights.

Gursimran Khamba, who has over 30,000 followers on Twitter, kept his cool during Thackeray's death and funeral. When all the media went gaga over him, televising his family photo albums, Khamba, re-tweeted reports and accounts of the Shiv Sena's role during the Mumbai riots of 1992-93. "In my head, I am not courageous to say anything about it myself," he says. He didn't want to incite. He'd rather help his followers get a more nuanced picture of a venerated leader.

Palghar and after, has made Ashok think. "I would reduce the number of provocative posts I might make," he says. Khamba says he will stick to comedy and doesn't believe in offence for the sake of offending although "taking offence is our national sport."

It is a shame, for the Internet is growing in India like nobody's business. It's the medium of the age.

According to comScore, a company that measures Internet trends, India is the fastest growing online market in the last 12 months among BRIC nations. There were 44.5 million unique visitors in July 2011 and in July 2012 there were 62.6 million unique visitors. That is, a growth of 44 per cent in one year. The total Internet usage of 124.7 million users in July 2012, that is, a 41 per cent growth from last year (July 2011).

With 124 million users as of July 2012, India has an Internet penetration of 10 per cent. 75 per cent of India's online users are below the age of 35 making it one of the youngest Net-connected populations. 39.3 per cent of India's Internet population consists of females. It has the highest growth seen among 15 to 24 male and female segments. India has 56.2 million Facebook users and 4.1 million Twitter users. Facebook had 35.3 million users in July 2011 and it jumped to 52.1 million in July 2012. That's a growth of 47% in just one year!

Growth of the Internet is one thing. Freedom of the Internet is another. Freedom House, an American organisation that tracks political and civil liberties worldwide, is blunt in its assessment. India is third in terms of Internet penetration, after the United States and China. Before November 2008, government control over the Internet was limited. All that changed after the November 2008 Mumbai attacks.

Since then it says, "The need, desire, and ability of the Indian government to monitor, censor, and control the communication sector have grown. Given the range of security threats facing the country, many Indians feel that the government should be allowed to monitor personal communications such as telephone calls, email messages, and financial transactions. It is in this context that Parliament passed amendments to the Information Technology Act (ITA) in 2008, expanding censorship and monitoring capabilities. This trend continued in 2011 with the adoption of regulations increasing surveillance in cyber cafes. Meanwhile, the government and non-state actors have intensified pressure on intermediaries, including social media applications, to remove upon request a wide range of content vaguely defined as "offensive" and potentially pre-screen user-generated content. Despite new comprehensive data protection regulations adopted in 2011, the legal framework and oversight surrounding surveillance and interception remains weak, and several instances of abuse have emerged in recent years."

Over this year we have had the cases of cartoonist Aseem Trivedi being put in jail and later released in September. In April, Ambikesh Mahaptra of Jadavpur University in Kolkata was arrested for a cartoon poking fun at West Bengal chief minister Mamta Banerjee and Railway Minister Mukul Roy. In October, Ravi, owner of plastic packaging material factory was arrested and let off on bail for joking about Finance Minister P. Chidambaram's son, Karti. The list gets longer. The Web and the State are at loggerheads. Why?

Lawyers and bloggers haul up Internet laws. And for such a community, we have laws like Section 66 (A) of the Information Technology Act of 2000. The law states that "any person who sends by means of a computer resource or a communication device, any information that is grossly offensive or has menacing character," can be booked for online crime.

Legal experts think Section 66 (A) and the whole of the IT Act of 2000, needs revisiting. According to cyber lawyer Pavan Duggal, Section 66 (A) "is a vanilla provision that can be used for anything online."

Section 66(A) seeks to empower the police and the complainant. "The words 'grossly offensive' and 'menacing character' of Section 66 (A) have no definition given. Normal, legitimate bona fide conversation between boyfriend and girlfriend at noble times online is fine. Once relationship sours, and they are gone."

"It's not clear what the purpose of Section 66A is. It's like having a single provision covering murder, assault, intimidation, and nuisance, and prescribing the same penalty for all of them," says Pranesh Prakash of the Center for Internet and Society, Bangalore. Terminology and the law's purpose are massive concerns.

"The extent of the ambiguity of Section 66A is worrying. Laws need to be very clear about what they want to achieve. If it is murder, then it must say murder. If its attempted murder, it must be clear it is attempted murder. Section 66 A is trying to do too many things at the same time. Its canvas is too vast," says Rajeev Chandrasekar.

As a country, we look to imitate the West, and often copy it badly. Some wonder if we need to mime the West. Pranesh Prakash thinks the Indian Constitution is stronger on free speech grounds than the (unwritten) UK Constitution, and the judiciary has wide powers of judicial review of statutes (i.e., the ability of a court to strike down a law passed by Parliament as 'unconstitutional').

Judicial review of statutes does not exist in the UK (with review under its EU obligations being the exception) as they believe that Parliament is supreme, unlike India. Putting those two aspects together, a law that is valid in the UK might well be unconstitutional in India for failing to fall within the eight octagonal walls of the reasonable restrictions allowed under Article 19(2).

Rajeev Chandrasekar thinks the Brits got it right. During the London riots of June 2011, "the UK government kept a tab on social media networking sites so as to check incitement, he says. It was a good example of clear legislation and effective execution, in an extreme scenario." To defuse online paranoia he wants the government to have a multi-stakeholder arrangement in fixing IT laws. This must involve users, IT companies, cyber cafe owners and the government. The State must mend fences with the Web.

For more details visit https://cis-india.org/news/india-today-rahul-jayaram-december-18-2012-the-freedom-of-expression-debate

The Four Parts of Privacy in India

bhairav — 2015-08-23T13:04:50Z

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

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

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

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

The Forbes India 30 Under 30 List

praskrishna — 2014-02-21T07:59:41Z

Showcasing an enterprising new generation that dreams big and refuses to say die.

This article by Abhilasha Khaitan appeared in the Forbes India magazine of 21 February, 2014. Pranesh Prakash features in the list.

To borrow from Ayn Rand, ‘the question for this generation isn’t who is going to let them but who is going to stop them’. As a torchbearer of individualism, Rand would have approved of the first-ever Forbes India 30 Under 30 list. Sort of. The rider: This isn’t just a celebration of capitalism and profit; it is also in recognition of social value. Do-gooders, geeks, greens, musicians, sportspersons, creative-types and biz kids: The net was thrown wide to catch the best and the brightest.

As the names on the previous page will tell you, it was a worthwhile effort.

It was also an education. Generalisations, it appears, do not apply to the youth. Consider India’s reputation as nerd-land and a skew in favour of techpreneurs and IT geniuses would be expected. But while brilliant professionals dot the landscape, only a few seem to have translated an original thought into a viable, disruptive business proposition. Pallav Nadhani of FusionCharts, Rahul Yadav of Housing.com and Nischal Shetty of JustUnfollow , for instance, score high on both originality and utility.

If there is a slant, it is towards verticals that best suit the lone ranger: Sports, entertainment, the arts. Even there, though, we tried to separate the clichéd from the uncharted and zeroed in on Sushant Singh Rajput and Rajkummar Rao; and Suhail Yusuf Khan and Aathira Krishna; and Rahul Dravid’s purported successor Cheteshwar Pujara.

Plot this list on a heat map and the social entrepreneurship and policy dots would glow red too. Sectors with the potential for real change are drawing them in hordes. There is Rwitwika Bhattacharya who figured out the best way to get political leaders to perform is by helping them do it; Shashank Kumar who is committed to empowering farmers. Even those with different skill sets—design, in this case—are not oblivious: So a communication designer, Aditi Gupta, tries to create awareness about menstruation, a taboo subject.

Then some are in it for the happiness quotient: Pooja Dhingra for her macarons and Shivan and Narresh for their bikini sari.

This might be a good point to ask: Where is Virat Kohli? Deepika Padukone? Any sub-30 list should lead with those names. Here’s the thing: They don’t even make our consideration set. The reason is in the purpose behind this search: Forbes India was looking for a spark, for a story that is still waiting to be told and, for the most part, only starting to unfold.

To that end, individuals who are already forces in their fields—household names—will feature on another day, on another list.

As for those who are part of this list of possibility, it really is a question of who is going to stop them.

30 Under 30 list

Art & Culture
Suhail Yusuf Khan, 26
Sarangi Player / Vocalist

Aathira Krishna, 25
Carnatic Violinist

Design
Moneet Chitroda, 28
Sr Designer - Interiors, Renault Techno Centre

Aditi Gupta, 29
Co-Founder, Menstrupedia.com

Lokesh Karekar, 29
Visual Artist & Director, Locopopo

Alok Shetty, 27
Principal Architect & Founder, Bhumiputra Architecture

E-Commerce
Rahul Yadav, 24
Co-founder & CEO, Housing.com

Bhavish Aggarwal, 28
Co-Founder and CEO, Olacabs

Entertainment
Sushant Singh Rajput, 27
Actor

Rajkummar Rao, 29
Actor

Kishan SS, 18
Actor / Director

Fashion
Shivan Bhatiya & Narresh Kukreja, 29, 28
Swimwear Designers

Finance
Raghu Kumar, 28
Co-Founder, RKSV

Manju Bhatia, 27
Joint MD, Vasuli Recovery

Food & hospitality
Pooja Dhingra, 27
Founder-Chef, Le15 Patisserie

Greentech & sustainability
Abhishek Humbad, 27
Founder, NextGen PMS

Healthcare
Kabir Chadha, 27
Founder & CEO, Epoch Elder Care

Law, policy & Politics
Rwitwika Bhattacharya, 27
Founder, Swaniti Initiative

Pranesh Prakash, 28
Policy Director, Centre for Internet and Society

Apar Gupta, 29
Partner, Advani & Co.

NGOs & Social Entrepreneurship
Shashank Kumar, 28
Co-Founder, Farms n Farmers

Tarique Mohammad Quereshi, 29
Founder, Koshish

Anoj Viswanathan, 26
Co-Founder & President, Milaap

Kuldeep Dantewadia, 25
CEO & Co-Founder, Reap Benefit

Social Media / Mobile / Digital
Nischal Shetty, 28
Founder, JustUnfollow

Sports
Deepika Kumari, 19
Archer

Cheteshwar Pujara, 26
Cricketer

Gaganjeet Bhullar, 25
Golfer

Technology
Pallav Nadhani, 29
Co-Founder & CEO, FusionCharts

Paras Chopra, 26
Founder, Wingify

Methodology

Will we find 30 under-30s? That was the question that troubled when we started work on this project. The numbers are easy enough to add up but the list had to be representative, relevant and, well, not half-baked.

It was never going to be exhaustive. We knew that. The landscape was too vast, the information too sparse and spread out. But limited though it may be in geographical scope, the rigour in research—and the depth in young talent—has produced quality that satisfies the parameters we had set at the beginning. These are: Trigger: The extent of achievement and his/her impact in a short span of time and the level of disruption/innovation that has been shown; Scope: Scalability of his/her business or line of work; Sustainability: Signs of being a flash in the pan or is there enough indication of a long-run play?

The research took on two legs: One, interviews by Forbes India staffers with sources across relevant categories as well as through studies of databases and media coverage. Two, an online application on forbesindia.com inviting applications from entrepreneurs/professionals who felt they qualified. This helped us arrive at a long list which went up to over 300 names across the 14 categories. (Even this number went through an initial vetting.)

The next step was narrowing down to a ‘short long’ list—the names most likely to make it to the top 30. This pool of 75 names was decided in consultation with experts and observers—and this was the toughest leg. Consider that we had entered the ‘first among equals’ phase where separating the final 30 from the other contenders was, really, a judgment call.

But armed with expert views, the Forbes India editorial team debated, argued and vetoed for hours to finalise the 30 individuals you will read about here. There are those outside the list that couldn’t be left out. They find mention too.

For more details visit https://cis-india.org/news/forbes-india-abhilasha-khaitan-feb-7-2014-india-under-30-list

The flaw in cyber law

praskrishna — 2012-11-30T09:06:25Z

Legal experts and netizens want the controversial clause in the IT Act to be scrapped after two Mumbai girls were arrested for a post on Facebook.

This article by S Ronendra Singh was published in the Hindu BusinessLine on November 29, 2012. Sunil Abraham and Snehashish Ghosh are quoted.

Shaheen Dhada, 21, and her friend Rini Srinivas would never have imagined that they could land in jail because of a Facebook post. The two girls were arrested in Palghar following a complaint from local Shiv Sena workers against Shaheen's post on Facebook, where she questioned the need for a 'bandh' being observed in Mumbai on the death of the Sena supremo Bal Thackery.

While the two girls’ experience was traumatic, the action by the police has given fodder to activists and cyber experts to raise the clamour for scrapping section 66A of the IT Act, which they term as being draconian.

The Palghar incident is not an isolated event. Recently, Ravi Srinivasan, a 45-year-old supplier of plastic parts to telecom companies and a volunteer with India Against Corruption got into trouble with police after he tweeted about alleged corruption charges against Karti Chidambram, son of Finance Minister P Chidambaram.

There was a common factor in all these cases - arbitrary use of the Section 66 (A) of the Information Technology Act, 2000. The only mistake that most of these so-called offenders had committed was publishing their views online.

So, should we consider the law draconian now?

Assess Ambiguity

According to Snehashish Ghosh, Policy Associate at Centre for Internet and Society (Bangalore-based organisation looking at multidisciplinary research and advocacy in the field of Internet and society), the main reason for such inconsistent application of the law can be found in the history of the provision.

He said the language used in Section 66A of the IT Act, 2000 has been borrowed from Section 127 of the UK Communication Act, 2003 and the Malicious Communications Act, 1988.

“These two particular provisions are applicable in cases where the communication is directed to a particular person. Section 1 of the Malicious Prosecution Act begins with the, “any person who sends to another person” and hence it is clear that the provision does not include any post or electronic communication which is broadcasted to the world and deals with only one-to-one communication,” said Ghosh.

Section 127 only deals with “improper use of public electronic communications network”. It was meant to prevent misuse of public communication services. Therefore, social media Web sites do not fall under its ambit. However, the Section 66(A) in its current form fails to define any specific category, which has led to inconsistent and arbitrary use of the provision, said Ghosh.

One of the principles of interpretation of statute is that of absurdity. It states that when there are two interpretation of the law - where one renders it absurd and arbitrary, while the other puts it within the constitutional limits - then the latter interpretation is adopted.

“In the case of 66(A), interpreting it to include any form of communication transmitted using computer resource or communication device renders it to be absurd and arbitrary. Therefore, it should be interpreted and made applicable only to communication between two parties,” he opined.

According to Pavan Duggal, cyber law expert and advocate at Supreme Court of India, primarily section 66(A) is for protecting reputation and preventing misuse of its own.

“It is so vast – what is annoyance and inconvenience – gives a tremendous handle in the hands of the complainant and the police to target anyone. Further, if you send any information through email or SMS, which aims to mislead the addressee about such mail or message is a crime. All this suddenly opens a Pandora box of offences,” he said.

“So, when you look at case of Mamta Banerjee or latest case of those two girls getting arrested in Mumbai, it shows that Section 66(A) becomes an effective tool in the hands of ingenious complainants to gag free speech. And, that is why there is so much noise,” Duggal said.

To Use, Not Abuse

Sighting the recent case of the two girls from Mumbai, he said the law was abused and all they need to do is just exploit – whether clicking a ‘Like’ button on Facebook could involve Section 66(A) – and this case is setting a precedence that ‘liking’ a comment can be an offensive of Section 66(A).

“When you click a ‘Like’ button, you do not send any information that is defined under Section 66(A). You only send information of ‘liking’ that information or message,” he said.

However, it has become a code of misuse in its own sense. Parameters given there in the Act are extremely wide and can be interpreted.

“It has only one good thing – it makes the offence bailable, which means bail as a matter of right. But, once you get stuck under Section 66(A), along with that invites a long period of mental agony and trauma because the trial will take five-six years and you will have to undergo the trial,” he added.

So does it mean the Government should scrap or completely abolish this Section from the IT Act, 2000 or should the people of India file a petition against this Section?

Sunil Abraham, Executive Director, Centre for Internet and Society says there are laws specifically dealing with cyber stalking and communications and therefore, there we do not need an additional law.

“Either scrap or retain narrow parameters, which could be made defamatory. Otherwise, more such cases would be seen in future under this section. It has not done anything significant and has an impact on basic free online speech to public,” says Duggal.

A better approach would be to strike down the provision and include separate well defined anti-stalking and anti-spamming provision, said Ghosh of Centre for Internet and Society.

However, Mahesh Uppal, Director, ComFirst India (consultancy firm on regulatory issues) said it would be premature, in these circumstances, for any litigation against this Section.

“The issue is serious. However, this is as much to do with policing in general as it is to do with Section 66(A) which needs an amendment and clarification to remove any scope for abuse,” he said.

But, is the Government ready for any change?

Minister of Communications and IT, Kapil Sibal recently said, “Just because some people do not follow it properly, we cannot entirely scrap the law. Can we do away with penal code? We cannot.”

So, does that mean we, as citizens, have to consult legal notes before posting a message online or sending an SMS? And, even if we do, are all laws, sections and under-sections comprehendible by the common man? If not, how big a risk are we, and the person who ‘Likes’ what we say is taking?

The answers to these questions determine the future of freedom of speech.

For more details visit https://cis-india.org/news/the-hindu-businessline-november-29-2012-the-flaw-in-cyber-law

We are anonymous, we are legion

The Global Nature of Cybersecurity in a Changing World

The Geopolitics of Information Controls: A Presentation by Masashi Crete-Nishihata

The Citizen Lab

Masashi Crete-Nishihata

Relevant Links

The Geopolitics of Cyberspace: A Compendium of CIS Research

Compendium

Global cybersecurity governance and cyber norms

Digital Trade and India's Political Economy

International Law and Human Rights

Bilateral Relationships

Emerging Technologies

The generation of e-Emergency

The Gay Pride Charade

The Future of Work in the Automotive Sector in India

Introduction

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

Schedule

The Future of Privacy in the Age of Big Data

List of Participants

The Future of Cyber Governance

Global Governance Reform Initiative

Video

The Fundamental Right to Privacy: An Analysis

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - Part​ ​I:​ ​Sources

Download: PDF

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - ​Part​ ​II:​ Structure

Download: PDF

The​ ​Fundamental​ ​Right​ ​to​ ​Privacy - Part​ ​III:​ Scope

Download: PDF

The Fundamental Right to Privacy - A Visual Guide

The Fundamental Right to Privacy - A Visual Guide: Download (PDF)

The freedom of expression debate: The State must mend fences with The Web

The Four Parts of Privacy in India

The Forbes India 30 Under 30 List

30 Under 30 list

Methodology

The flaw in cyber law

Assess Ambiguity

To Use, Not Abuse

The Fundamental Right to Privacy - Part I: Sources

The Fundamental Right to Privacy - Part II: Structure

The Fundamental Right to Privacy - Part III: Scope