We are anonymous, we are legion

Women on Covid lists get lewd calls and messages

praskrishna — 2021-05-24T06:35:20Z

Perverts are eating into precious time in the middle of a pandemic and adding to the overall anxiety.

Women are getting lewd calls and messages when they share their phone numbers to seek and offer pandemic-related help.

On April 15, Shasvathi Siva tweeted about how her number, shared on blood donation and social media groups, received obscene photos and video calls from strangers.

When she spoke about the harassment on Instagram, she ended up receiving more abuse from men.

With the second wave of the pandemic raging, many patients and families are turning to social media to search for medicines, oxygen, and even hospital beds.

Ambika Tandon, senior researcher, Centre for Internet and Society, says, “There are many stories of how prominent and outspoken women like journalists and activists have received hate speech and messages threatening violence.” What is shocking, she says, is not the harassment, but that it is not stopping even during a medical emergency.

Click to read the complete coverage in Deccan Herald on May 21, 2022.

For more details visit https://cis-india.org/internet-governance/news/deccan-herald-may-21-2021-krupa-joseph-women-on-covid-lists-get-lewd-calls-and-messages

Women in the IT Industry: Request for Data

jdine — 2013-03-06T10:52:00Z

For CIS's research on indicators of female economic empowerment in the IT industry in India, we have sent formal request for participation in a short survey to the six largest IT companies based in India. A copy of the letter of request and survey as well as some details of the request for data can be found in this post.

Click to see the Letter of Survey Request and the Income Bracket Form

As introduced in an earlier blog, CIS has begun a short research project on female employees in the IT industry in India. This project aims to gather quantitative and qualitative data on women employed by the six largest Indian software companies in order to generate insight into whether or not these employers foster workplaces that are conducive to female economic empowerment. We have decided to gather some very basic quantitative data for this project by directly asking each of these companies to provide some information on data points that we deemed important indicators of women-friendly workplaces. This request has been carried out via post and, when possible, electronic mail.

In this letter of request, we have asked each of the companies to provide information on the number of women they employ, how much paid leave employees are allocated per month and per year, whether or not they have any complaints committees in place as per the Vishaka guidelines, and whether or not they offer any support for childcare or childcare services on their worksites.

Further, we also requested that they complete a form listing ascending monthly incomes (from below Rs. 19,999 to above Rs. 1.5 crore) by filling in how many female and male employees they employ in each income bracket. A copy of the letter and the form are attached to this blog post.

Each of these letters was addressed to the Chief Human Resources Officer (or equivalent title) at the corporate headquarters, and mailed as Registered Post, Acknowledgement Due on February the 19^th, 2013. We plan to send two more copies of this letter on the same date for the next two months.

The contacts and addresses that these letters were sent to are listed below. All of this information was gathered from publicly available sources.

Tech Mahindra Ltd.:
Contact:
Sujitha Karnad - Senior Vice President: HR & QMG for IT Services
Address:
Tech Mahindra Limited, Department of Human Resources
Sharda Centre, Off Karve Road,
Pune 411004, Maharashtra
India

Mahindra Satyam:
Contact:
Hari Thalapalli - Chief Marketing Officer and Chief People Officer
Address:
Satyam Computer Services Limited, Department of Human Resources
Mahindra Satyam Technology Center
Survey No.62/1A, Qutubullapaur Mandal
Bahadurpally Village, RR Dist
Hyderabad 500043

HCL Technologies Ltd.:
Contact:
Prithvi Shergill - Chief Human Resources Officer
Address:
HCL Technologies Limited, Department of Human Resources
A-104, Sector 58, Noida
Uttar Pradesh, 201 303
India

Tata Consultancy Services Ltd.:
Contact:
Ajoyendra Mukherjee - Executive Vice President & Head, Global Human Resources
Address:
Tata Consultancy Services, Department of Human Resources
TCS House,
Raveline street,
Fort, Mumbai, 400 001
India

Infosys Ltd.:
Contact:
Nandita Gurjar - Group Head of Human Resources
Address:
Infosys Limited, Department of Human Resources
Electronics City, Hosur Road
Bangalore, 560 100
India

Wipro Ltd.:
Contact:
Pratik Kumar - Executive Vice President, Human Resources
Address:
Wipro Limited, Department of Human Resources
Doddakannelli
Sarjapur Road
Bangalore, 560 035
India

Further, emails were sent out and calls were made to the media contacts of each company requesting the contact information (email addresses in particular) of any relevant HR personnel and/or any individuals that may be able to provide us with the requested information. From the information gathered in this exercise, various Human Resources staff members from Wipro, HCL Technologies and TCS received the appeal to provide the requested information via email on the 11^th of February.

We have not yet received any replies to either the email or post requests for information.

For more details visit https://cis-india.org/internet-governance/blog/women-in-the-it-industry

Women in love with Facebook

praskrishna — 2011-05-27T11:35:51Z

There’s one thing these days that determines the passion of the modern Indian woman: their ever-growing love affair with the internet. The article by L Subramani was published in the Deccan Herald on May 27, 2011.

The sight of women updating their Facebook status, tweeting or checking their emails on the move makes it apparently clear that women, more than men, take to internet and in particular to social networking.

Global researches have lent credence to the phenomena that women are either obsessed or even addicted to Facebook and other social networking sites, suggesting that a third of women aged 18 to 34 check their Facebook pages when they wake up in the morning before even going to the toilet, while 21 per cent of those in the same age group check the social networking site before going to bed.

Alarmingly, the same study, by UK-based Oxygen Media and Lightspeed Research-also suggest that 42 per cent from the same age group have no problems posting pictures of them drunk on Facebook.

"I’ve been on Facebook for about a year and a half,” admitted 26-year-old Kate who doesn’t like to tell her real name. “It has sort of become a regular thing. Apart from attending meetings or on important work, I quite naturally check the posts others have made and regularly update my status on FB."

Personal space

She denies that Facebook has gradually crawled into her personal life or could have even contributed to her remaining single. "It’s ridiculous (to say that FB has an impact on my life). I think it’s the best way to catch up with friends and family."

Smartphones with Facebook apps and growing usage of the internet on mobile phones have also opened up the possibility of logging on to social networking sites often and on the move and quite naturally, tech savvy urban women are taken into it, according to cyber researchers.

A cursory glance at many of the dating sites also suggest that women of all ages use the relative anonymity to reach out to new friends or to talk their minds out. Surprisingly, a few of them are also from small towns and places not on the radar for prolific internet usage.

A recent study by Google to understand the profiles of people using various internet browsers suggested that nearly 36 per cent of Indian women are using Chrome — Google’s own browser — for its seemingly faster performance that would make updating Facebook status or accessing videos and photos much easier.

"Women mostly use the internet for accessing entertainment and would like it to be fast,” Nikhil Rungta, country marketing head, Google India said. “It became clear that most of them use Chrome either for social networking or accessing multimedia or entertainment content."

However, Nishant Shah, a researcher on cyber behaviour and director of research at Bangalore-based Centre for Internet and Research, is sceptical about the numbers. "There aren’t any specific studies to suggest that Indian women are on social networking more than men," he said.

"This doesn’t look possible when researches have shown that men outnumber women in overall internet usage. It may even be possible that many men are posing as women in social networking sites."

Bangalore-based writer and social commentator Vaasanthi feels that social networking provides the space women always look for. “It may be called ‘Facebook’, but you aren’t talking to a real face. This gives the freedom and the courage for women to freely express themselves,” she said.

"Given that most women today come from nuclear families, they actually don’t have that many people to talk to in real world. The virtual world provides them what they can’t get in real world."

She also said there is no need to feel alarmed about the Facebook phenomenon. "Facebook or social networking phenomenon is a new change and any change would initially cause concerns. But surely this would fade away," she said.

Read the original here

For more details visit https://cis-india.org/news/women-love-facebook

Women Arrested in Mumbai for Complaining on Facebook

praskrishna — 2012-11-21T11:32:04Z

For over 30 hours following the death of the Shiv Sena leader Bal Thackeray on Saturday, stores throughout Mumbai closed their shutters and taxis and autorickshaws stayed off the streets.

This article by Neha Thirani and Hari Kumar was published in New York Times on November 19, 2012. Pranesh Prakash is quoted.

While analysts throughout Mumbai debated whether the citywide shutdown following the death of Mr. Thackeray was inspired by fear or respect, one 21-year-old woman and her friend were arrested for raising a similar question.

On Sunday, the police in Palghar, in Thane district, on the outskirts of Mumbai, arrested Shaheen Dhadha after she posted a status update on Facebook that questioned the shutdown, also known as a bandh. A local daily, the Mumbai Mirror, reported that Ms. Dhadha, 21, had written, "People like Thackeray are born and die daily and one should not observe a bandh for that." The police also arrested her friend who "liked" the post, whom NDTV identified by her first name, Renu.

The women were arrested under Section 505 of the Indian Penal Code for “statements creating or promoting enmity, hatred or ill will between classes.” Srikant Pingle, station house in charge of the Palghar police, told India Ink that the local Shiv Sena chief, whom he identified as “Mr. Bhushan,” filed the complaint against Ms. Dhadha because her comment on Facebook hurt Shiv Sena’s sentiments. Mr. Pingle declined to comment further on the details of the arrests.

Sudhir Gupta, the defense counsel for the two women, told NDTV, “Their posts don’t incite violence. It can’t be said they have made any derogatory remarks. They don’t belong to any political ideology.”

In a phone conversation with India Ink, a police officer of the Palghar station, who identified himself only as Gavali, said that the arrest took place on Sunday night and that the pair had been taken to court on Monday.

The two women, who were sentenced to 14 days in jail by the court, received bail after a bond of 15,000 rupees ($270) was paid, reported NDTV.

The Times of India reported that a mob of 2,000 Shiv Sena workers vandalized her uncle’s orthopedic clinic in Palghar. Repeated calls made to the Dhada orthopedic hospital in Thane went unanswered, while Harshal Pradhan, a Shiv Sena spokesman, said that he was unaware of the incident.

A police officer at the Palghar Police Station, who spoke on condition of anonymity, said that no one has been arrested in the attack on the clinic.

Pranesh Prakash, program manager with the Center for Internet and Society, said the arrests of the two women were a violation of free speech and the misapplication of the law. “There were thousands of people on Facebook, Twitter and in person who were saying the exact same kinds of things that this girl is alleged to have said,” said Mr. Prakash. “And the fact that only she and one other person who liked that comment have been arrested shows a clear arbitrariness in the application of the law.”

In an open letter addressed to the chief minister of Maharashtra, the former Supreme Court Judge Markandey Katju defended the two women, saying, “To my mind it is absurd to say that protesting against a bandh hurts religious sentiments.” He further said that the arrest appears to be a criminal act as it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime.

On social networking sites, people came out in support of Ms. Dhadha and her friend. The Facebook group “Ban Shiv Sena” had about 36,400 "likes" as of Monday afternoon, while the party’s official Facebook page had just under 2,700. On Twitter, several commenters expressed solidarity with the two women, including Milind Deora, the government minister of state, communications and information technology, who said, "To learn who rules over you, simply find out who you are not allowed to criticize ~ Voltaire."

In Maharashtra, Shiv Sena has a history of banning books, movies and other popular culture that are critical of the political party. In 2010, Rohinton Mistry’s book, "Such a Long Journey," was withdrawn from the syllabus of Mumbai University after Shiv Sena officials complained that the book insulted Bal Thackeray. Ironically, in a January 2007 interview with Shekhar Gupta, the editor in chief of The Indian Express, Mr. Thackeray said that what differentiated him from the mafia is that journalists and others were free to disagree with him and criticize him.

For more details visit https://cis-india.org/news/india-blogs-nytimes-nov-19-2012-neha-thirani-hari-kumar-women-arrested-in-mumbai-for-complaining-on-facebook

Women arrested for Facebook post: Did cops act under Sena pressure?

praskrishna — 2012-11-21T11:17:37Z

After Bal Thackeray's death, during the Mumbai Bandh, a 21-year-old criticised the shutdown on her Facebook page — her friend approved of it — next thing they know, they are facing a case, and this morning they were arrested.

YP Singh, Alyque Padamsee, Rohan Joshi, Karuna Nundy and Pranesh Prakash took part in a discussion about the arrest of two girls over a Facebook comment. The discussion was aired in NDTV on November 19, 2012.

The anchor asked Pranesh Prakash:

Who are these people scrolling through people's Facebook posts and Twitter accounts, finding these comments and taking action?

Pranesh Prakash said that it could be anyone. The reality is doesn't really matter because the laws are written in such a way that if it is public and stuff that is on Facebook for different purposes can either be public or private, if it is public these laws can very often apply and that is a problem. We haven't quite figured out to what extent these laws apply. The IT Act section 66A for instance, is unconstitutional, section 295 A which has been applied, and section 505 which also seems to have been applied in this case make it a clear case of misappropriation of those provisions. These kind of arrests will happen. It doesn't quite matter if we have right laws at one level and it clearly doesn't help if we have bad laws. What we need to do at least in part to remedy the situation is to amend the IT Act to make it consonant and consistent with civil and political rights and to do so in multi-stakeholder fashion involving civil society, industry and government. Right now it doesn't protect privacy and freedom of speech as much as it should.

Watch the full video aired on NDTV

For more details visit https://cis-india.org/news/ndtv-video-ndtv-special-ndtv-24x7

Woman Alleges Harassment at Major International Conference

praskrishna — 2016-03-30T17:06:10Z

A prospective lawyer's name tag was flipped, and she was asked rude questions by a CEO at a conference, where, ironically enough, she was invited to devise sexual harassment policies.

The article by Kavita Patil was published in Bangalore Mirror on March 30, 2016.

Padmini Baruah, 22, a National Law School of India University (NLSIU) student representing Centre for Internet and Society (CIS), at the ICANN55 (Internet Corporation for Assigned Names and Numbers) held at Marrakech, alleged that she was sexually harassed by Khaled Fattal, the chairman and CEO of The Multilingual Internet Group.

On March 2, Baruah had reached out to the conference ombudsman and expressed her concerns about the lack of a specific sexual harassment policy. She was directed to the ICANN55's Standards of Behavior, who invited her for a discussion at the conference in Marrakech.

About three hours before her meeting with the ombudsman on March 6, she had a shock. "I was, unfortunately, subjected to sexual harassment in the nature of verbal remarks and infringement of my personal space by the perpetrator in question, a man I eventually came to know was called Khaled Fattal," she recalled. "Fattal approached me, pulled at my name tag, examined it and dropped it. A little later, he lifted my name tag and flipped it back and forth asking me, "Where are you from?"

He then leaned in, lecherously looked at me and asked, "Do you know how to make a cheese sandwich?" I was taken aback and responded angrily saying, "Yes, that is why I came here, to make you cheese sandwiches." He went on to throw another lecherous look my way and said, "Well, I love veg sandwiches."

Sunil Abraham, executive director of the CIS, said, "ICANN doesn't have a special cell where complaints can be raised but they have an ombudsman. The ombudsman is investigating the case and is in touch with both Baruah and also the perpetrator." He said after she raised the sexual harassment complaint, he received many mails from women who had faced harassment at the event but never made an attempt to raise their voice. "Through CIS we have issued a public statement of support for Baruah and we are waiting for the result of the investigation," he said.

Fattal and the ombudsman were not available for comment despite repeated attempts made by BM to get a response. Baruah, meanwhile, was informed by the ombudsman that her's was the first harassment case reported in the history of ICANN.

For more details visit https://cis-india.org/internet-governance/news/bangalore-mirror-march-30-2016-kavita-patil-woman-alleges-harassment-at-major-international-conference

Without stringent law, threats to Mark Zuckerberg are hollow: Experts

Admin — 2018-03-25T02:24:12Z

IT Minister Ravi Shankar Prasad on Wednesday warned Facebook and other social networks of tough action, if they attempted to influence the Indian elections.

The article by Alnoor Peermohamed and Karan Choudhury was published in the Business Standard on March 23, 2018.

The best way of keeping a check on the manipulation of elections through campaigns on Facebook is by introducing a strong data protection policy, said experts. After the Cambridge Analytica row, all eyes are on the use of such tools during the upcoming general election in India.

Union Law and Information Technology (IT) Minister Ravi Shankar Prasad on Wednesday warned Facebook and other social networks of tough action, if they attempted to influence the Indian elections. However, experts said these threats are hollow because the current law protecting user data lacks teeth.

“Without a strong data protection law, we wouldn't quite be able to take any action as what has happened is not a breach. While Section 43A of the IT Act talks about lack of consent from the users, it does not spell out any consequence for violating the same,” said Pranesh Prakash, policy director at think tank The Centre for Internet and Society (CIS). “Essentially, it's a toothless tiger.”

Having a data protection law might not directly stop firms from buying data from third-party developers and then deploying it for targeted users, but it is a great pre-emptive measure to stop unnecessary data collection. If users are asked to give consent for their data, it would vastly reduce the risk.

“The government's statement would be well supported, if it would be bringing a law, listening to key voices of experts and civil society. Even though the Justice Srikrishna Committee is currently examining and is expected to come out with a draft law, the timeline, transparency and willingness to safeguard user rights need to be better demonstrated,” said Apar Gupta, an independent lawyer.

Other experts have voiced their concerns over allowing tech giants to take sensitive user data out of the country. Once the data is out of India's jurisdiction, there is no way to ensure these companies are following the laws mandated by the government.

“Facebook is not an Indian company. We do not know how far it is complying with India’s IT Act. We should not be compromising on security and allow tech firms to play in the market without complying with the laws,” says Pavan Duggal, cyber law expert and Supreme Court advocate.

While both the Congress and the BJP have accused each other of working with Cambridge Analytica and denied their own affiliation with the company, the UK-based firm was already functioning in India through its partner Ovleno Business Intelligence (OBI). The OBI website, which has now been taken down, had listed the BJP, the Congress and Janata Dal (United) as its clients.

For more details visit https://cis-india.org/internet-governance/news/business-standard-alnoor-peermohamed-and-karan-choudhury-without-stringent-law-threats-to-mark-zuckerberg-are-hollow-experts

With power, phone and internet services affected, Chennai is still recovering from Cyclone Vardah

praskrishna — 2016-12-20T16:50:27Z

Nearly a week after Cyclone Vardah rattled the city, bringing normal life to a halt for a few days, Chennai is still reeling from the aftershock of the powerful storm.

The blog post by Vinita Govindarajan and Sruthisagar Yamunan was published by Scroll.in on December 20, 2016 quoted Udbhav Tiwari

With powerful winds that blew up to the speed of 120 kmph, around one lakh trees were estimated to have have been uprooted across the city by the cyclone, causing a loss of almost one-fourth of the city’s foliage, reported The Hindu. Many of these trees fell on transmission lines, damaging them severely and cutting power supply to scores of residential areas.

Employees of Chennai’s city corporation and electricity board were seen hard at work throughout the week, clearing the streets of fallen trees and repairing electricity lines. But with frequent power cuts and sporadic phone and internet signals, the city is still on the long route to restoration.

A senior official of the Tamil Nadu Electricity Board said that their personnel have been working every hour to ensure that normalcy returns to the city as soon as possible. “We have restored power to over 80% of Chennai,” he said. “The rest is also get intermittent power. By Monday morning, the whole city would be covered.”

Slow business

For Senthil Kumar, who runs a tiffin business in East Tambaram in South Chennai, there was no power from Monday, when the cyclone stuck, till Saturday morning. “For three days after the cyclone, we couldn’t open our shop,” he said. “On Friday, we decided to get the food prepared outside and bring it here. We served dosas and idlis without chutney and only sambhar. We’ve lost a week’s business. But you can’t blame the government. They have done well to restore everything so quickly.”

Local businesses depending on internet and phone lines to receive orders were also deeply affected. Moremilaga, a hyperlocal startup that delivers homemade food to customers across the city, said that even though they did not receive their usual number of orders over phone and internet, they managed to surprise their regular customers with packets of food.

“Many of the people who we give food to are elderly people,” said Ragini Murali, who is in-charge of the start-up’s operations. “We felt really bad that we could not give them food for a day because they cannot cook on their own or buy from a store. They depend on our food and were very relieved when we delivered food even when they could not reach us.”

Business is slowly coming back to normal except that now Moremilaga is receiving only 20% of its orders through internet, whereas earlier it was 50%, said Viji Ganesh, the founder of the enterprise.

Maligai Kadai, an online grocery delivery business in Chennai, was shut from Monday through Wednesday. Satish Sundaram, founder of Maligai Kadai, said that the online store hardly received any orders this week because of internet problems across the city. But he said that even delivery of orders placed prior to the storm was a problem.

“We couldn’t do anything,” said Sundaram. “We had to postpone the delivery of orders placed on Sunday because many of our customers left the city immediately after the storm. In other cases, we could not reach our customers on phone to find out if their area was accessible. If the roads were blocked with fallen trees, we would have to come back all the way.”

Why no internet?

Five days after the storm, communication signals were still erratic. Airtel subscribers across the country received messages that the cyclone in Chennai had affected one of their undersea network cables which in turn might slow down internet speeds. Subscribers to BSNL, Vodafone and other telecommunication operators were also facing similar difficulties.

The reason for this slow speed, explained Udbhav Tiwari, a policy officer at The Centre for Internet and Society, was that operators were having to reroute their traffic to other undersea cables that travel using longer, convoluted routes.

“The data takes long to travel, since it does not travel efficiently enough,” he said. “So if you search for something on the internet, it will open only after a minute because the packet had to travel the other three-fourth of the world to reach you instead of the shortest route.”

Undersea cables, Tiwari explained, are usually owned by a combination of telecom companies as well as companies whose sole job is to lay these cables and rent them to individuals who will run their traffic through them.

These companies map out a route decided by demand between certain key points, hire a ship that trawls the ocean sea floor and lays and maintains cables, he said.

For the entirety of Asia, the Singaporean and Japanese region are the main hubs for internet exchange, Tiwari said, since they are considered reliable and commercially viable.

“Undersea cables almost always end in big cites,“ Tiwari said, “because of the infrastructure required to operate them. On the eastern side of India, Chennai is one of the best places to set up an end point for an undersea cable since it is a metropolitan city and closer to hubs like Japan and Singapore.”

If one of these lines near Chennai are broken, he said, it is very likely that the data would slow down because they have to find alternative routes.

“A severe cyclone or tsunami definitely has the potential to disturb or snap these sea cables,” Tiwari said. “But if maintenance is not carried out on them regularly enough, they can break for far more mundane reasons such as high water pressure, rust, debris falling from other ships or even sea animals.”

For more details visit https://cis-india.org/internet-governance/news/scroll-in-vinita-govindarajan-shrutisagar-yamunan-with-power-phone-and-internet-services-affected-chennai-is-still-recovering-from-cyclone-vardah

With digitisation at the forefront, government departments need to be cautious about digital security

praskrishna — 2017-05-20T08:33:37Z

The huge leak of Aadhar data from four websites belonging to a central ministry and the Andhra Pradesh government has been on the government radar for a while. The leak, caused by poor security protocols, had left around 130 million numbers and their allied information, like bank and post office account details, open to access for several months. As the last website finally plugged loophole, violation echoed in Supreme Court.

The blog post by Manas Pratap Singh was published by NDTV on May 4, 2017.

Deliberate revelation of Aadhaar can lay people open to financial fraud and it is a punishable offence and this is what the Electronics and Information ministry has reminded all government departments.

"Aadhaar numbers and demographic information and other sensitive personal data" collected by "ministries/departments, state departments" have been published online, read a letter from the ministry dated April 24.

Such publishing, it added, "is in clear contravention of the provisions of the Aadhaar Act 2016 and constitutes an offence punishable with imprisonment upto 3 years". Such outing of financial information is also a violation of IT Act, it said.

Besides asking web managers to sensitise the ministries, the letter also said that display of such information be stopped immediately.

On May 1, a report by non-profit research organisation Centre for Internet & Society said two of the websites from where the data leak took place, belongs to the Union Ministry of Rural Development.

One stored data for the MNREGA - the mammoth Central scheme for rural employment which caters to 25.46 crore people. The other was the National Social Assistance Programme, another Central scheme under which pension is provided to the elderly people, widows and persons with disabilities.

Amber Sinha, co-author of the CIS report, told NDTV, "For portals that had not masked data, we informed the relevant authorities and asked them to take down the available information."

The Rural Development ministry has now decided to form an expert group on IT and cyber security, which will be headed by Kiran Karnik, a former chief of Nasscom. The ministry, however, is yet to comment on the data leak.

For more details visit https://cis-india.org/internet-governance/news/ndtv-may-4-2017-manas-pratap-singh-government-knew-of-mega-aadhaar-leak-ministries-were-warned

WISER Lecture : Sumandro Chattapadhyay on Deregulation by Code

praskrishna — 2017-03-29T11:48:08Z

University of the Witwatersrand organized a talk by Sumandro Chattapadhyay on Derugulation by Code on March 8, 2017 in Johannesburg.

On November 08, 2017, the Government of India initiated a demonetisation process. It involved cancellation of Rs. 500 and Rs. 1,000 currency notes as legal tender, establishing of a time bound process for the notes to be returned to the banks, announcement of specific emergency services (such as hospitals and utilities) for which the canceled notes could still be used, and introduction of a new Rs. 2,000 note. While the purpose of the demonetisation move was publicly articulated in terms of removal of unaccounted wealth held in cash form, the state narrative quickly moved to being primarily focused on promotion of various forms of digital payments, especially mobile-based payments. The notion of a "WhatsApp moment" in Indian banking in particular, and in Asian banking in general, has been in circulation since 2015. Nandan Nilekani, a significant technocrat politician of India who has been CEO of Infosys (a major Indian IT company) and the Chairman of the UID/Aadhaar project, was one of the first persons to take note of this upcoming "revolution". In a lecture given by him on August 21, 2015, he described the technological and market forces, enabled by policy decision, that are going to disrupt the Indian banking landscape.

Sumandro's lecture discussed the linkages between this WhatsApp moment and the demonetisation move, and locate them in the context of institutional and technological changes happening in the Indian banking sector since 2008. The talk focused on the development and proliferation of the Unified Payments Interface - an universal, private-owned, government-backed, mobile-to-mobile payment infrastructure - as the key instrument through which the ongoing deregulation of banking in India is being driven.

For more details visit https://cis-india.org/internet-governance/news/wiser-lecture-sumandro-chattapadhyay-on-deregulation-by-code

Wired state of mind

radha — 2011-04-02T13:56:55Z

Information technology is the driver of society today — the basic block of innovation and growth in organisations, the mainstay of the 21st century. The decade bygone was only an indicator of the things to come. Whether its ideas or friendships, the future indubitably belongs to linking-up on the web, writes Malvika Tegta , DNA - Digital Edition, Monday - 28th December, 2009.

Did cyberscape make us cogs on a new machinery or liberate us, empower us or make us vulnerable, enrich us with cultural diversity or homogenise us? There isnt a simple answer. Not in a diverse world digitally sewn into a remarkably new pattern. Here what is certain is what is manifest — the emergence of an information society witness to changes in organisation structure, work cultures, community life, lifestyles, medicine, governance, activism, political participation, commercial business, conventional media, spaces for those on the social fringes, emergence of support systems. And a new connected state of mind.

Increased spread of the web and an exponential increase in internet platforms and applications unleashed a world of possibility for the user like never before. You could collaboratively edit a dynamic encyclopedia, collectively write a book on an idea seeded in the US and source ideas for your art project from perfect strangers from across the globe. There were endless ways of connecting with people we never knew existed — an increased consumption of global culture.

A phenomenon that enabled linking up like never before was social networking, invented in a Harvard dorm room in 2004. The Facebook culture that it spawned was drastically going to change our world as we knew it.

Consider how your life changed. A regular college evening in 2000, which was spent on chai, sutta and long walks, was invested in collecting updates about friends living on the same hostel wing on Facebook or Twitter. You were poked if you were being lazy about parting with your current mood update. When you spread out after college, these platforms kept you perpetually in the loop. You knew whod put on weight, whose relationship status had changed, that xyz was feeling crabby today. You, in turn, made sure that you posted one good picture of you in the Jaisalmer deserts for your 369 Facebook buddies to see.

And, all that upload and download of continuous information was negotiated on multiple browser windows, deftly juggled at work, while you waited for your strawberry crop on Farmville to mature.

In short, social lives of the 15% of us (Indians) with internet access were, if not fundamentally altered, certainly uploaded and impacted over the last 10 years. We became comfortable with the idea of trading identities and data about ourselves with companies like Orkut, Facebook or Google in return for the opportunity to realise the last connection on our six degrees of separation map.

Factors that made 24*7 wired lifestyle possible were miniaturisation, therefore portability computers; the smartening up of mobile phones; better broadband and Wi-Fi connectivity, and social media boom. Laptops made way for notebooks, notebooks for netbooks, and cell phone companies rolled out browser-based phones like the Blackberry and Android handsets.

To grasp the changes in the backdrop of the colossal exchange of data was to revisit Canadian philosopher Marshall McLuhans line, made famous way before the Internet got big, “The medium is the message”.

Cultural evolution
The Internet grew up fast over the past 10 years, both embodying social values like connectivity, participation, creating, collaborating and self-sufficiency, and in turn affecting them. It went from read-only sites to being driven by user generated content. The user became the creative dynamo, armed with tools like blogs, review forums, and sites like WordPress, Blogspot, Flickr and YouTube.

Then came social media: Orkut, LinkedIn, Facebook, Friendster, Twitter. Peer-2-peer file sharing application BitTorrent and music sharing sites like Napster came to represent the new philosophy. Here, the user became an active supplier of movies or music without the need for an intermediary server, as was generally the case before.

“The three cultural turns that social networking has introduced have been peer-2-peer networking, collaborations and new processes of publication and dissemination. These have changed our notion of history, cultural production and consumption, and knowledge production,” says Nishant Shah, director, research, Centre for Internet and Society, Bangalore. “Sites like Wikipedia have dismantled the processes of knowledge production and learning and introduced new forms of knowledge-sharing, like crowd sourcing. Collaborations have managed new forms of emotional bonding, creative production and interaction which propel the blogosphere and public opinion. These have an impact on questions of consumption, lifestyle patterns, etc.”

24x7 connectivity
The Internet speeded up time and we “drew gratification from speed”. You wanted to look up a breakfast place, a word meaning or answer to the first thing off the top of your head like why are men the way they are? You wanted Google to turn up an answer, and fast.

Since free social working sites became a landmine of data on consumer behaviour, trends, likes and dislikes, they needed to attract and keep the numbers. A few sites maintained a near monopoly; search was to Google, social networking meant Facebook and realtime synonymous with Twitter. Apart from constant re-invention, the sheer potential for large-scale networking was the reason. “My friends stick to Gmail, Facebook and Twitter because we dont want to manage information on too many sites,” says Saurabh Shrivastava, an MBA student.

It was reported that Facebook users woke up to water virtual crops at 4am just to stay ahead on Farmville, or sign into Twitter to see how far the world had come. Instant feedback was the expectation. The experiences and satisfactions were on multiple windows; to be out of that pattern caused anxiety. That was also in part because people fell back upon structures of social support online, which were earlier unavailable; BlackBerry/smartphones to the rescue.

Though the network grew stronger, it essentially comprised weak ties. Technology consultant Atul Chitnis feels that wider reach… reduced real-world interactions are unnatural in the social perspective, and have made social interactions more competitive. “Its more about getting more comments and reactions.”

What writer James Harkin portrayed as the new crack cocaine, professor Clay Shirky saw as not the case of information overload but of “filter failure”.

Virtual & physical
While we became human nodes spending a large part of the day on the network, the physical fed into the virtual world and vice-versa. Shortened attention spans created an attention economy, leading conventional media to get increasingly visual and in some cases sensational.

The response to crisis speeded up and social mobilisation became easier. In Tsunami-hit South and Southeast Asia, people mobilised resources for the disaster-affected. A pub attack on women in Mangalore snowballed into the nationwide Pink Chaddi campaign.

While its constantly said that the Internet connects us virtually and isolates physically, Shah says: “Contrary to popular perception, studies have shown that interface time increases peoples face time because new friendships, alliances and interests are anchored in the physical world.” The quality of interaction, however, will go down, says Chitnis, “due to current social patterns created by loss of cultural distinctiveness, and reduced real-world interaction”. This will especially be true for young adults “who will grow up not knowing a world without social networking”.

Language blends
Shah sites the change in language as the most visible and dramatic. “Easy access to writing and publishing tools has led to the development of new forms of speech and articulation. In countries, where English is not the majority first language, new blends like Singlish (Singapore), Hinglish (India) and Chinglish (China) have emerged as Western contexts, cultural products and ideas proliferated in new vocabularies on the information superhighway. These changes are associated with other changes in terms of new linguistic identities and nationalities,” he says.

Niche goes pop
The growth of the Internet revolutionised the economics of distribution of the media and the entertainment industry, a trend Chris Anderson tracked in his book, The Long Tail. Once it would have been unthinkable to get a copy of a Skinny Puppy CD in the music store because it simply wasnt worth the stocking cost — it wasnt popular enough. And if it wasnt stocked, it was as good as non-existent for a buyer who had never heard of it. That was the era of the blockbuster: what was profitable sold. The Internet changed this: with virtually no space constraints, and the low manufacturing and distribution cost of digital content, a hit became just as good as a miss. Both constituted sales: larger the number the better. Today, Google, Rhapsody, Apple iTunes and Amazon, all operate on that business model. The result: niche worlds have become much more visible and mainstream.

So, as we slow-waltz to the buzz of information, an online etiquette evolves. We gradually learn to turn noise into substance, come to terms with the blurring of private and public, mobilise in crisis, hone the skill of swimming through information to come up with the right find, and learn to direct at least some part of leisure time spent surfing and chatting to tap into the Internets true potential.

Link to the original article

For more details visit https://cis-india.org/news/wired-state-of-mind

Winter School on Privacy, Surveillance and Data Protection

praskrishna — 2015-02-07T00:37:55Z

The Centre for Communication Governance (CCG) in collaboration with the UNESCO Chair on Freedom of Communication and Information at the University of Hamburg and the Hans Bredow conducted a week-long winter school on 'Privacy, Surveillance and Data Protection at National Law University, Delhi, from January 19 to 23, 2015.

The winter school focused on the law governing privacy in the EU and in India and covered issues ranging from surveillance to data protection. German and Indian members of faculty used interactive methods of teaching and group activities in each session, to help students from Germany, India and Israel contribute to the classroom and learn from each other.

Bhairav Acharya was a speaker at the event. He spoke on 'privacy theory'. More information here.

For more details visit https://cis-india.org/internet-governance/news/winter-school-on-privacy-surveillance-data-protection

Window on the World

praskrishna — 2012-06-15T05:49:04Z

Subsequent to the publishing of a peer reviewed essay titled Resisting Revolutions: Questioning the Radical Potential of Citizen Action, the Centre for Internet & Society has been listed as one of the global organisations working on issues of participation, citizenship and new technologies along with a list of partner organisations.

Published by Palgrave Macmillan

This issue of Window on the World lists some civil society organizations, networks and research institutes working on issues of participation, citizenship and new technologies.

American Commonwealth Partnership (ACP)

The ACP is a broad alliance of colleges, universities and civic groups, which promotes and develops ‘democracy colleges’ for the twenty-first century. It was launched in the White House convening, ‘For Democracy's Future – Education Reclaims Our Civic Mission’ in association with the Department of Education and the White House Office of Public Engagement.

ACP responds to the civic crisis in America, and the widespread sense of powerlessness. It holds that we must reinvent citizenship for the twenty-first century in the United States and around the world.

ACP develops interest and support for civic agency, including policy, legislation, media and deliberative dialogues. It also highlights several initiatives, which embody principles of civic innovation, full participation, diversity and civic agency.

Arab Forum for Alternatives (AFA)

The AFA is an organization that works for a society in which democratic culture prevails, for a society capable of protecting its rights and defending such rights through a democratic movement. This will be implemented by providing a space for experts, activists and researchers in the field of civil society who are interested in issues related to the reform/change process in the Arab region, and who have alternative visions seeking to put forward in a scientific and practical way aiming to the development of their societies based on justice, democracy and human rights values.

Centre for Internet & Society (CIS)

The Centre for Internet and Society critically engages with concerns of digital pluralism, public accountability and pedagogic practices, in the field of Internet and Society, with particular emphasis on South–South dialogues and exchange.

Through multidisciplinary research, intervention and collaboration, it seeks to explore, understand and affect the shape and form of the Internet, and its relationship with the political, cultural and social milieu of our times.

Civic explorations programme

Inspired by the knowledge explorations, HIVOS, together with Institute of Development Studies (IDS), ISS and CiS, is turning ‘The changing face of citizen action’ newsletter into a longer term ‘civic explorations’ programme. With this programme, it intends to offer a space to reflect on the changing dynamics of citizen action in a globalizing world, through research and dialogue. Its action plan for 2012 includes three regional knowledge explorations (In Central America, East Africa and South America), the continuation of the newsletter and its involvement in a number of innovative research programmes on civic action.

CIVICUS

CIVICUS: World Alliance for Citizen Participation is an international alliance of members and partners, which constitutes an influential network of organizations at the local, national, regional and international levels. CIVICUS has worked for nearly two decades to strengthen citizen action and civil society throughout the world, especially in areas where participatory democracy and citizens’ freedom of association are threatened. CIVICUS has a vision of a global community of active, engaged citizens committed to the creation of a more just and equitable world. This is based on the belief that the health of societies exists in direct proportion to the degree of balance between the state, the private sector and civil society.

Community Development Resource Association (CDRA)

CDRA is a South African non-governmental organization, which is a centre for organizational innovation and developmental practice.

It values people's ability to organize, and so shape the world. It fosters and promotes innovative organizational forms and practices that seek to transform power towards a just world characterized by freedom, inclusion and sufficiency.

The essence of its work and services can best be described in four words: searching (collaborative inquiry, research and learning); accompanying (consultancy services that accompany organizations through processes of learning and change); sharing (courses through which they share effective organizational practice); and promoting (courageously standing with others to advocate for new organizational forms and practices that work, and challenge those that do not).

Future citizenship

Future Citizenship is a venture to facilitate access to citizenship projects internationally.

Its initiatives include a network of scholars, seminars, conferences and an e-journal. Future Citizenship hopes this will encourage further cooperation and exchange of ideas and insights between its participants, their students and other interested parties. It also hopes to contribute to a better understanding of the problems confronting modern democracies and its growing numbers of various new citizens. Whether such understanding will contribute to addressing and solving those problems in the spirit of basic human rights could in part determine the future course and well-being of modern democracies, and of new forms of political communities.

Global voices online – The Netizen report

Global voices Online frequently produces ‘The Netizen Report’: a regular overview of recent global developments related to the power dynamics between citizens, companies and governments on the Internet. It is hoped that these regular reports can provide Netizens around the world with useful information about who is seeking to influence and shape the digital platforms and networks we increasingly depend upon, and how. Armed with information, people are in a better position to defend their rights, and to make sure the Internet evolves in a manner that is compatible with free expression and dissent.

Involve

Involve is made up of experts in public engagement, participation and dialogue. It carries out research and delivers training to inspire citizens, communities and institutions to run and take part in high-quality public participation processes, consultations and community engagement. It believes passionately in a democracy where citizens are empowered to take and influence the decisions that affect their lives. Involve has transformed how leading organizations engage, including the OECD, Communities and Local Government, the European Commission, the States of Jersey, the BBC, the UNDP, the Cabinet Office and numerous Local Authorities.

JASS (Just Associates)

JASS (Just Associates) is an International Feminist Organization driven by the partners and initiatives of its regional networks in Mesoamerica, Southern Africa and Southeast Asia. JASS is dedicated to strengthening and mobilizing women's voice, visibility and collective organizing power to change the norms, institutions and policies that perpetuate inequality and violence, in order to create a just, sustainable world for all. Founded as a learning community by a group of activists, popular educators and scholars from 13 countries in 2002, JASS generates knowledge from experience, with the intention of improving the theory and practice of women's rights, development and democracy.

LogoLink

LogoLink, the Learning Initiative on Citizen Participation and Local Governance, is a global network of practitioners from civil society organizations, research institutions and governments created to stimulate and support civil society organizations and networks to engage in citizen participation and social control of public policies at the local level.

LogoLink is engaged in animating a more participatory and inclusive relationship between those who govern and those who are governed. It means, on the one hand, to sensitize and challenge governments to implement innovative and equitable public policies oriented to assuring human rights, and to be more responsive and accountable towards the needs and concerns of citizens. On the other, it means to support citizens and civil society organizations to create participatory spaces, hold their governments accountable and exercise social control.

Mazdoor Kisan Shakti Sangathan (MKSS)

MKSS is a people's organization and part of the growing non-party political process in India. The MKSS works with workers and peasants in the villages of Central Rajasthan. It was set up by the people of the area in 1990 to strengthen participatory democratic processes, so that ordinary citizens could live their lives with dignity and justice. The organization was born out of a struggle for community land held illegally by a feudal landlord. The subsequent struggle for minimum wages made it evident to the people, that transparency and accountability of systems of governance are basic to access any right. It became clear that access to relevant information is a fundamental tool for ensuring transparency and accountability of the government, and of all bodies that affect public interest.

mySociety

mySociety runs most of the United Kingdom's best known democracy Websites. It works with the public, private or third sector, and organizations which try to adapt to the new world of citizens empowering themselves through the Internet. mySociety has helped them by building sites, consulting or helping them to make plans. mySociety has two missions. The first is to be a charitable project, which builds Websites that give people simple, tangible benefits in the civic and community aspects of their lives. The second is to teach the public and voluntary sectors, through demonstration, how to use the Internet most efficiently to improve lives.

Participation, Power and Social Change (PPSC)

The PPSC team at IDS works in partnership with diverse collaborators from around the world to generate ideas and action for social change. Through research, innovation and learning in rights-based and participatory approaches, it works with people to identify and implement alternative approaches to social change that respond to local situations and bridge operational practice with research and policy change. The team's work intends to help tackle the power inequalities that create crises and sustain poverty and injustices through the suppression of alternative or marginalized voices. Citizenship DRC – resources: http://www.drc-citizenship.org/

Participation research centre

The Participation Resource Centre is a collection of over 5,000 documents, many of them unpublished and practitioner-based, about participatory approaches to development. They include research reports, training manuals, workshop reports and critical reflections on Participation. Information about each document can be searched online.

The Centre particularly promotes Participatory Methodologies, sharing practical examples from development initiatives around the world in the form of case studies, guides and manuals.

The collection is held at the IDS, University of Sussex and incorporates the collection of the International Institute for Environment and Development.

Politeia

Politeia – Participation for Citizenship and Democracy in Europe – is a network of institutions and organizations throughout Europe. The general aim of the association is to promote active democratic citizenship in countries of Europe and, more specifically, political and social participation of citizens and their organizations.

The goals of Politeia are the creation of a structure that will set civic participation and education higher on the European and national agenda, the strengthening of the capacities of the partner organizations by exchanging methods and practices and a stronger presence in the European NGO scene by focusing on the promotion of European citizenship through participation.

Twaweza

Twaweza means ‘we can make it happen’ in Swahili. It is a ten-year citizen-centered initiative, focusing on large-scale change in East Africa. Twaweza believes that lasting change requires bottom-up action. It seeks to foster conditions and expand opportunities through which millions of people can get information and make change happen in their own communities directly and by holding governments to account.

Compiled by Remko Berkhout and Laura Fano Morrissey

For more details visit https://cis-india.org/news/window-on-the-world

Will You be Paid to Post a Picture?

nishant — 2014-03-06T11:58:41Z

The wave of free information production on the web is on the wane.

The article was published in the Indian Express on February 18, 2014

The age of volunteerism is officially over. The last decade of the mass adoption of the internet has been fuelled by endless human hours being spent in producing information which is the new currency of our times. The big transition to Web 2.0 began when the individual “user” became more than either an individual or the user. The individual found herself as a part of a collective, finding a voice and a community of others to belong to. Simultaneously, instead of being a passive consumer of the web, the user started producing data — blogs, videos, tweets, content management systems, online discussion boards, massively multiple online role-playing platforms, social network transactions — all of which became a part of the new Web’s widespread popularity.

Almost everything that we understand as the social web today is contingent upon people producing data in their interactions with the world around them. From knowledge producing websites like Wikipedia to entertainment platforms like YouTube, visualisation and data gathering spaces like Pinterest to photographs of self, food and cute animals on Instagram, political and social commentaries on Tumblr to Listicles and memes on Buzzfeed, the internet is a veritable smorgasbord of new information forms, formats and functions that are generated by the users.

What is possibly the most exciting about this burgeoning information universe has been the amount of free labour that goes into it, and often remains invisible. As digital labour scholar Trebor Schulz points out, the internet has become both a factory and a playground, where our leisure time is capitalised into producing work that sustains the new attention and information economies. For instance, the world’s largest social networking site, Facebook, does not produce any of its contents. It is, in fact, a system of information mining and sorting, which works as long as a growing user base continues to produce information on it. Tomorrow, if all of us stop producing Facebook, and only lurk on it, the platform will collapse. Which is why, Facebook continues to acquire new platforms and applications to be integrated into its universe.

Similarly, the real effort that goes into the sustenance of sites like Wikipedia, which has become the de facto reference for global knowledge systems, is carried out by unsung and invisible editors who patiently, meticulously, and without almost any expectation, continue to add, verify, strengthen and curate reliable information that we can use. When the non-profit organisation WikiMedia Foundation prides itself in running one of the least expensive websites in the top 10 most visited sites in the world, it is signalling its deep appreciation for the countless human hours that have made Wikipedia possible.

But, in recent years, there is noticeable stagnation in the wave of free information production on the Web. Oh, don’t get me wrong. We are producing an unprecedented amount of data — we are constantly being watched by surveillance technologies that detect biometric and genetic make-up of all our transactions, or we are inviting people to watch us on social network sites where we reveal some of our deepest secrets and desires, or we are watching ourselves, quantifying everything from things we ate to the number of hours we sleep. And yet, as we live in a world of Big Data, there is a definite decrease in people contributing to production of free information.

As the digital natives move from the web to mobile phones, traditional websites are already facing a crisis. News and media agencies that have celebrated the global citizen media networks have started realising that the individual user is more interested in local networks and information ecologies which are independent of mainstream conglomerates. And people are realising that their time and effort is worth money. They can be easily compensated for their online activities and gain reputation and importance.

The tension only becomes more palpable when people start realising that there are others who are being paid to work on the platforms that they are contributing to. We all knew that this model of depending on free information was not a sustainable one. But it seems the day has arrived, especially with the recent drives on Wikipedia to build specialised knowledge editors. In the last few months, we have seen people in the FemTechNet project — an academic activist feminist project that seeks to remind us of the intersections of feminism and technology in network societies — carry out “Wikistorming”, where students are adding pages of women’s contribution to technologies on Wikipedia. More recently, medicine students at University of Chicago have taken to correcting and adding accurate information to Wikipedia, which is often a source of health information.

Both of these are fantastic efforts to add to the platform that was the underdog that overthrew the mammoth encyclopaedia like The Encyclopaedia Britannica. We hope more specialised users in different locations, fields, disciplines and languages continue to edit and contribute to Wikipedia. However, it is also a signal that the generalist information producer is on the decline. We are transitioning into a new age, where people are going to need rewards, incentives and benefits for performing information transactions on the web. The user is no longer going to be available for free labour, and it is time we started thinking of “paid usership”.

For more details visit https://cis-india.org/internet-governance/blog/indian-express-february-18-2014-nishant-shah-will-you-be-paid-to-post-a-picture

Will the WTO Finally Tackle the ‘Trump’ Card of National Security?

basu — 2019-05-08T14:22:14Z

The election of Donald Trump has marked a foundational challenge to the rules-based international order based on “free and fair trade”.

The article by Arindrajit Basu was published in the Wire on May 8, 2019.

From stonewalling appointments at the appellate body of the WTO’s dispute settlement body (DSB) to slapping exorbitant steel and aluminium tariffs on a variety of countries, Trump has attempted to desecrate an institution that he views as being historically unfair to America’s national interests.

Given this potentially cataclysmic state of affairs, a WTO panel report adopted last month regarding a transport restriction dispute between the Russia and Ukraine would ordinarily have attracted limited attention. In reality, this widely celebrated ruling was the first instance of the WTO mechanism mounting a substantive legal resistance to Trump’s blitzkrieg.

The opportunity arose from the Russian Federation’s invocation of the ‘national security exception’ carved into the Article XXI of the General Agreement on Tariffs and Trade (GATT-the primary WTO covered agreement dealing with trade in goods.)

This clause has rarely been invoked by a litigating party at the DSB and never been interpreted by the panel or appellate body due to the belief among WTO member states that the exception is ‘self-judging’ i.e. beyond the purview of WTO jurisdiction sovereign prerogative to use as they see fit.

Over the past couple of years, the provision has taken on a new avatar with trade restrictions being increasingly used as a strategic tool to accomplish national security objectives. In addition to the Russian Federation, in this case, it was used by the UAE to justify sanctions against Qatar in 2017and notably by the US administration in response to the commencement of WTO proceedings by nine countries (including India) against its steel and aluminum tariffs.

India itself has also cited the clause in its diplomatic statements when justifying revocation of the Most Favoured Nation Status to Pakistan, although this has not yet resulted in proceedings at the WTO.

Even though the panel held in favour of Russia, this report lays down the edifice for dismantling the Trump Administration’s present strategy. By explicitly stating that Article XXI is not entirely beyond review of the WTO, the panel report gives a cause de celebre for all countries attempting to legally battle Trump’s arbitrary protectionist cause disguised as genuine national security concerns.

At the same time, it might act as a source of comfort for Huawei and China as it allows them to challenge the legality of banning Huawei (as some countries have chosen to do) at the WTO.

History of Article XXI

Article XXI had an uncertain presence in the legal architecture of the WTO from its very inception. It had its origins in the US proposal to establish the International Trade Organisation. The members of the delegation themselves were divided between those who wanted to preserve the sovereign right of the United States to interpret the extent of the exception as it saw fit and others who felt that this provision would be abused to further arbitrary protectionism. The delegate of Australia was also skeptical about the possible exclusion of dispute resolution through a mere invocation of the security exception.

Given this divergence, the drafters of the provision thus sought to create a specific set of exceptions in order to arrive at a compromise that “would take care of real security interests” while limiting “the exception so as to prevent the adoption of protection for maintaining industries under every conceivable circumstances”.

To attain that objective, the provision in the ITO Charter, which was reflected in Article XXI of GATT 1947 was worded thus:

Nothing in this Agreement shall be construed

to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests;

or to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests (i) relating to fissionable materials or the materials from which they are derived; (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii) taken in time of war or other emergency in international relations; or

to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security

Article XXI has been historically invoked in cases where national security is devised as a smokescreen for protectionism. For example, in 1975, Sweden cited Article XXI to justify global import restrictions it had had slapped on certain types of footwear. It argued that a decrease in domestic production of said kinds of footwear represented ” a critical threat to the emergency planning of its economic defense.” There was sustained criticism from some states, who questioned Sweden’s juxtaposition of a national security threat with economic strife, claiming that they too were suffering from severe unemployment at the time and the Swedish restrictions would be devastating for their economic position.

The Swedish problem dissipated when Sweden withdrew the restrictions but the uncertain peril of Article XXI remained.

In another instance, the US themselves had previously relied on the security exception to justify measures prohibiting all imports of goods and services of Nicaraguan origin to the US in addition to all U.S. exports to Nicaragua.It argued that Article XXI was self-judging and each party could enact measures it considered necessary for the protection of its essential security interests. In fact, it was successful in keeping its Article XXI invocation outside the terms of reference (which establishes the scope of the Panel’s report), which precluded the Panel from asserting its jurisdiction and examining the provision. It is worth noting, though, that the Panel was critical of the US for utilising the provision in this case and emphasised the need for balancing this exception against the need to preserve the stability of global trade.

The recent spate of national security driven justifications to subvert the adjudicatory powers of the WTO provided a necessary opportunity for the panel to clarify its stance on this issue.

The findings of the panel

The findings of the panel can be divided into three broad clusters:

1) The WTO tribunals’ jurisdiction over the security exception: Right from the outset, the panel clearly stated that it had jurisdiction to adjudicate the matter at hand. It rebutted Russia’s claim that any country invoking the exception had unfettered discretion in the matter

2) The ambit of the self-judging nature of the security clause: Both the Russian Federation and the United States, which had filed a third party submission, re-emphasised the supposed self-judging nature of the security clause due to the incorporation of the words “ which it[the WTO member] considers necessary for the protection of its essential security interests” in clause (2) of the provision.

However, the panel argued that the sub-paragraphs (i)-(iii) require an objective review by the Panel to determine whether the state of affairs indicated in the sub-paragraphs do, in fact, exist. In this way, the Panel added,the three sub-clauses act as “limiting qualifying clauses.” The determination of the measures that may be ‘necessary’ for protecting their ‘essential security interests’ are then left to each WTO member. By interpreting the clause in this manner,the Panel deftly preserved the sovereign autonomy of member states while preventing the bestowing of carte blanche’ ability to take shelter behind the provision.

3) Determination of emergency in international relations: The use of the term “other emergency in international relations” as used in the provision is an amorphous one because the term ‘emergency’ is not clearly defined in international law. Therefore, the Panel relied on UN General Assembly Resolutions and the fact that multiple states had imposed sanctions on Russia to conclude that there was, in fact, an ‘emergency’ in international relations in this case. In doing so, the Panel upheld the transport restrictions imposed by Russia. However, the implications extend far beyond the immediate impact on the two parties.

Implications of the ruling

Before considering the implications of this report, we must consider that, like in other avenues of international law, the municipal legal principle of stare decisis does not apply to Panel or Appellate Body decisions. This means that future panels are not bound by law to follow the finding in this report.

However, WTO tribunals have often used the reasoning put forward in previous panel or Appellate Body reports to support their findings.

Steel and aluminium tariffs

The US, whose third party submission failed to sway the panel has recognised the potential implications of the report and disparaged it as being “seriously flawed”. They have also discouraged the WTO tribunals deciding the steel and aluminium tariff disputes from using it as precedent.

However, Australia, Brazil, Canada, China, European Union, Japan, Moldova, Singapore and Turkey had all filed third party submissions which encouraged the panel to assert its jurisdiction in the matter and have openly supported the panel’s approach – which would be a boost for the panels set up to adjudicate the Trump sanctions.

Given the groundwork laid out by the panel in this dispute, it would be difficult for the US to satisfy the panel’s understanding of ‘emergency in international relations’ as the Panel clearly stated that “political or economic differences between Members are not sufficient, of themselves, to constitute an emergency in international relations for purposes of subparagraph (iii)”.

Huawei and cybersecurity

In addition to steel and aluminium tariffs, the panel’s decision also has an impact on the rapidly unfolding Huawei saga. Huawei, which is the world’s largest telecom equipment company and is now taken the lead in the race to develop one of the world’s most critical emerging technologies: fifth generation mobile telephony.

However, Huawei has recently fallen out of favour with the US and other western countries amidst suspicions of them enabling the Chinese government to spy on other countries by incorporating backdoors into their infrastructure.

Various countries, including Australia, Japan, New Zealand have effectively banned Huawei from public participation while the US has prevented government agencies from buying Huawei infrastructure-triggering litigation by Huawei seeking to prevent the move.India has adopted an independent approach by allowing Huawei to participate in field trials of 5G equipment despite Indian agencies flagging concerns over the use of Chinese made telecom equipment.

On April 11, China complained about the Australian decision at the formal meeting of the WTO’s Council for Trade in Goods by highlighting its discriminatory impact on China. To defend itself, Australia may need to invoke Article XXI and argue that the ban fits in under one of the sub-paragraphs (i)-(iii) of clause (2) The report by this panel, may, therefore propel the WTO’s first big foray into cybersecurity and enable it to act as a multi-lateral adjudicator of the critical geo-political issues discussed in this piece.

The history of international law has been a history of powerful nations manipulating its tenets for strategic gain. At the same time, it has been a history of institutional resilience, evolution and change. The World Trade Organisation is no exception. Despite several aspects of the WTO ecosystem being severely flawed with a disparate impact on vulnerable groups in weaker nations, it has been the bulwark of the modern geo-economic order.

By taking the ‘national security’ exception head on, the panel has undertaken a brave act of self-preservation and foiled the utilisation of a dangerous trump card.

For more details visit https://cis-india.org/internet-governance/blog/the-wire-arindrajit-basu-may-8-2019-will-the-wto-finally-tackle-the-trump-card-of-national-security