We are anonymous, we are legion

Social Notworking - 'Murder by Twitter'

praskrishna — 2014-02-04T07:02:30Z

Suketu Mehta (@suketumehta) - terrible news about sunanda tharoor. this is murder by twitter.

The article by Malini Nair published in the Times of India quotes Nishant Shah.

Even before forensic science has declared the reasons behind Sunanda Pushkar's shocking death on Friday night, social media has been accused of murder. Writer Suketu Mehta wasn't the only one to point fingers. "First murder by @TwitterIndia , claps, fellow twitter matured guns!" is how another tweet went. Besides the deadly cocktail of depression, drugs, a strained marriage, questions have been raised about whether the vicious banter and collective howls of derision on social media over her very public meltdown — again on social media — pushed her over the edge.
Have we, the tweeple, in our eagerness to share every detail of our lives over an internet megaphone, not quite understood what the social media can do, especially its pitfalls? Is the line between the public and private blurring too fast? Commentators say that the rules that govern human and social behaviour haven't changed, and the fault lies in how we negotiate the cyber turf.

Can our digital lives have serious offline consequences? Nishant Shah, director, research , Centre for Internet & Society, Bangalore, says people need to realize that though twitter amplifies everything, but the ability to hurt, be mean, fight, question, critique and bully is not new.

"These are human practices , which replay themselves across different media forms. What is perhaps new is that our most personal and darkest desires have become available for public spectacle," says Shah.

That the twitterati can be brutal has been shown often enough this last year. When Tehelka editor Tarun Tejpal was mired in allegations of sexual harassment, his daughter was hounded on social media. Recently when novelist Lavanya Sankaran wrote an op-ed for New York Times defending the decent Indian man, she was royally derided, so much so that another journalist Rahul Bhatia tweeted in her defence, asking people to lay off.

Sunanda's story hurtled towards a tragedy in a space of 48 hours after she went public. As Shah points out it wasn't as though there were no affairs and scandals before the dawn of social media but the tangle would have spun out differently and less brutally in another time and age. It all began, as Pushkar admitted to some papers and later denied, with the spilling of alleged BBMs sent by Pakistani journalist Mehr Tarar to Tharoor on his twitter account.

Predictably, the effect of the first round of revelations was explosive. In fact, Pushkar herself appeared taken aback by the fact that a twitter spat ended up making front page headlines.

The entire drama which, in another age, would have played out at home or a circle of family, friends and acquaintances — and at the most in far less dramatic gossip columns and on TV— was up on social media, provide enormous vicarious pleasure to thousands of social media bystanders. That Pushkar herself set the virtual assault in motion only adds to the bleak irony of it all. This was also not the first time Pushkar took a spat to twitter. @SPTVrocks tweeted about her fight with a journalist in Dubai earlier this month.

Clinical psychologist Varkha Chulani says it is the personality behind the media usage not the form itself that is to be blamed. "People choose to talk about their private lives to impress others, to get attention. We forget what is real and what is virtual." Shah, however, believes that we live in a world of digital striptease and that the ubiquitous and pervasive technologies that surround us have forever blurred the lines between real and virtual.

Activists have often pointed out that the social media has everything going for it — quick and vast connect and instant response — but what it lacks is empathy. It is easy enough to send out an RIP message, for instance, for someone you don't know or even care for, positioning yourself as a caring, empathetic soul in 140 characters.

Post Pushkar's death, news anchor Barkha Dutt tweeted that we need to limit viciousness , stop judging and use greater compassion on twitter.

Shah makes a similar plea for the human touch.

"We are all so self-involved , creating narratives of our selves, bit-stripping every moment , instagramming every event, tweeting every encounter, and liking all the various things that happen around us, that we don't always have enough time to stop, to respond, to think and reflect upon other people's conditions . We have become jaded, to the various 'great' moments in people's time lines, but we are also becoming jaded to the pain that our involvement in these social networks can bring to those who are the subject of our attention," he says.

With additional reporting by Shobita Dhar

For more details visit https://cis-india.org/news/the-times-of-india-january-19-2014-malini-nair-social-networking-murder-by-twitter

Social Network Suicide

praskrishna — 2011-04-01T15:54:43Z

Those disillusioned with their virtual friends circle are saying goodbye through web applications that wipe out your net identity. What’s more, you can even have your own memorial page, says Sahana Charan in this article published in the Bangalore Mirror on Sunday, February 6, 2011.

It is funny that even though some young people claim to have a thousand friends on social networking sites, they may actually never socialise with any of their virtual buddies. So when the “net” benefits don’t translate to reality, there is disillusionment. And then they may stop being active on networking sites. That’s the beauty and tragedy of virtual friendships.

And this is just one of the many reasons why your friend — who was otherwise tweeting her every mundane activity or would update her status message on Facebook every nano-second — might have suddenly become incommunicado.

As pressures to keep up virtual appearances become taxing and unpleasant experiences make social networking sites “not-so-safe” to share intimate details, many young people are opting out of these networks, deactivating their accounts and taking web sanyaas.

Sunil Abraham, Executive Director, Centre for Internet and Society, Bangalore says that in India this is a relatively new phenomenon and only a small group of people have actually committed web suicide using applications that wipe out your virtual identity. But a bigger number of netizens may be killing their networking accounts, because of a variety of resons — ranging from internet stalking to “no guaranteed benefits.”

“Many people may get onto a social networking site to use it for meeting rituals, to look for partners and to get information on jobs. When these are fulfilled they may decide to move out. Some people realise that a lot of their time and energy goes into updating accounts on Facebook, Twitter or Myspace, but it has not helped them get ‘real world’ benefits, so they just stop being active,” says Abraham.

Virtual disappearance

With the deactivation came some applications which help you go peacefully into a social network death — Web 2.0 Suicide Machine and Sepukkoo.com promise to remove your virtual identity completely so that you can make real friends. While Suicide Machine irreversibly removes all your friends, groups, photos and vidoes one by one and joins you to its “Social Network Suiciders,” Sepukkoo goes one step ahead and creates a memorial page for you.

What’s ironical is that you are actually going to another network and this one’s called ‘suicide networking’, where you encourage friends to leave their social circles. Both applications have been banned by Facebook but work on other sites.

So why would a popular guy deactivate his account ? Joe V J, a 28-year-old IT professional, who was regularly uploading pictures of his new bike or parties with friends on Facebook, took himself off the site recently. He realised that people who were not meant to see his profile and candid shots, had access and were posting comments.

“I got into the site because it was a great place to bond with friends. But then I realised that relatives and acquaintances who I had no clue about, were on the social network, had started pinging. They would look at pictures and express shock and then tell other people. It became a little too much, so I just decided to click the deactivate option,” he says.

Privacy concerns

It can get really ugly and those being harassed online may just disappear to save their privacy. Tinu Cherian, a techie and Wikipedia administrator speaks of an incident where another administrator was harassed by a cyber troll because he had blocked this guy from making wrong updates on Wiki’s pages.

“He had no option but to wipe out his Twitter account, which was hacked into and damning information was uploaded.”

Privacy concerns rise as Facebook decides to share account information with marketeers. “When Facebook first started, only 10 per cent of your information on the site could be seen by an outsider, but in 2011, 90 per cent of your information can be accessed by people other than your friends,” says Abraham.

There is another reason why people go off online networks. “When it first came, Facebook was considered the Ivy league and everyone wanted to be there. Youngsters suddenly thought Orkut was infradig and ceased to be on that site. So sometimes, people may just move out because they want to be somewhere else.” And that’s why the networking tamasha continues.

Read the article in the Bangalore Mirror

For more details visit https://cis-india.org/news/social-network-suicide

Social media, SMS are not why NE students left Bangalore

nishant — 2012-08-28T10:48:06Z

I woke up one morning to find that I was living in a city of crisis. Bangalore, where the largest public preoccupations to date have been about bad roads, stray dogs, and occasionally, the lack of night-life, the city was suddenly a space that people wanted to flee and occupy simultaneously.

Nishant Shah's article on North East exodus was published in FirstPost on August 20, 2012.

Through technology mediated gossip mill that produced rumours faster than the speed of a digital click, imagination of terror, of danger and of material harm found currency and we found thousands of people suddenly leaving the city to go back to their imagined homelands.

The media spectacle of this exodus around questions of religion, ethnicity and regionalism only emphasised the fact that there is a new wave of connectedness that we live in – the social web, or what have you – that can no longer be controlled, contained or corrected by official authorities and their voices.

Despite a barrage of messages from the law enforcement and security authorities, on email, on large screens on the roads, and on the comfort of our cell-phones, there was a growing anxiety and a spiralling information mill that was producing an imaginary situation of precariousness and bodily harm.

Much has been said about the eruption of this irrationality that pokes holes in the mantle of cosmopolitanism that Bangalore (and other such ‘global cities’) is enveloped in, in its quest to represent the India that is supposed to shine. It has been heartening to see how communities that were supposed to be in conflict have worked so hard in the last few days, at building human contacts and providing assurances of safety and inclusion, which are far more effective than the official word.

There has been a rich discourse on what this means for India’s modernity, especially when such an event marks the so-called neo-liberal cities, showing the darker undercurrents of discrimination and suspicion that seem to lie just beneath the surface of networked neighbourhoods.

While there is much to be unpacked about the political motivations and the ecologies of fear that our immigrant lives are enshrined in, I want to focus on two aspects of this phenomenon which need more attention.

The first is the fierce localisation of our global technologies. There is an imagination, especially in cities like Bangalore, of digital technologies as necessarily plugging us in larger networks of global information consumption. The idea that technology plugs us into the transnational circuits is so huge that it only tunes us towards an idea of connectedness that is always outward looking, expanding the scope of nation, community and body.

However, the ways in which information was circulating during this phenomenon reminds us that digital networks are also embedded in local practices of living and survival. Most of the times, these networks are so naturalised and such an integral part of our crucial mechanics of urban life that they appear as habits, without any presence or visibility, In times of crises – perceived or otherwise – these networks make themselves visible, to show that they are also inward looking.

The visibility of the networks, when they suddenly crop up for public viewing, for those of us who are outside of that network, it signals that something has gone wrong. There is a glitch in the matrix and we need to start unpacking the local, the specific and the particular that signals the separation of these networks from our habits of living.

The second point I want to make is about the need to look at the ellipsis that occurs in this spectacular emergence of the network and the apparatus that is set into place to control and regiment it. The hyper-visibility of the information and technology network destabilises the ways in which we think of our everyday, thus emerging not only as a sign of the crisis but a crisis unto itself.

These ellipses of the crisis – replacing the crisis with the network – as well as the collusion between the crisis and the network are the easy solution that state authorities pick up on.

This is a problem about the nation-wide building of mega-cities filled with immigrant bodies that are not allowed their differences because they all have to be cosmopolitan and mobile bodies. The solution, however, is offered at the level of technology.

Instead of addressing the larger issues of conservative parochialism, an increasing back-lash by conservative governments and a growing hostility that emerges from these cities which nobody possesses and nobody belongs to, the efforts are being made to blame technology as the site where the problem is located and the object that needs to be controlled.

So what we have is redundant regulation that controls the number of text messages we are able to send, or policing of internet for those spreading rumours. The entire focus has been on information management, as if the reason for mass exodus of people from the North East Indian states and the sense of fragility that the city has suddenly been immersed in, is all due to the pervasive and ubiquitous information gadgets and their ability to proliferate in peer-2-peer environments outside of the control of the government.

Digital Technologies have become the de facto scapegoats of many problems in our past. It invites more regulation, containment and censorship of the freedom that digital technologies allow you – from the infamous Delhi Public School MMS Scandal in the early 2000s to the recent attempts at filtering the social web – we have seen the repeated futility of such measures of technology control, and yet it appears as a constant trope in the State’s solution to the problems of the contemporary.

This obsession with governance of technology to resolve a much more nuanced problem is akin to fabulous stories of mad monarchs banishing spinning wheels from their kingdoms or sentencing hammers to imprisonment for the potential and possibility of crime.

And these solutions are always going to fail, because they fail to recognise either the intimate penetration of digital technologies in our everyday life, or the ways in which our local structures are constructed through the presence of ubiquitous technologies and gadgets and screens and networks.

These ellipses of the crisis – replacing the crisis with the network – as well as the collusion between the crisis and the network are the easy solution that state authorities pick up on.

Digital Technologies have become the de facto scapegoats of many problems in our past. It invites more regulation, containment and censorship of the freedom that digital technologies allow you – from the infamous Delhi Public School MMS Scandal in the early 2000s to the recent attempts at filtering the social web – we have seen the repeated futility of such measures of technology control, and yet it appears as a constant trope n the State’s solution to the problems of the contemporary.

For more details visit https://cis-india.org/internet-governance/www-first-post-com-aug-25-2012-nishant-shah-social-media-sms-are-not-why-ne-students-left-bangalore

Social media undermining journalistic credibility?

praskrishna — 2013-03-06T04:41:15Z

The line separating journalists and bloggers is being increasingly blurred due to the growth of social media, said Nelson Moses, who was a panelist at a discussion on the credibility of social media as a journalistic tool.

The article was published in the New Indian Express on March 4, 2013. Snehashish Ghosh was a panelist.

The talk titled, “Is social media credible?” comprising a panel of professionals from various media houses from across India, was held as a part of the alumni reunion at the Indian Institute of Journalism and New Media (IIJNM) recently.

The panel included Snehashish Ghosh, a policy associate at the Centre for Internet and Society, Bangalore, Nelson Moses, who has had stints with numerous media houses and now works at Yahoo, Subhash Rai, web editor of the Economic and Political Weekly, and Tresa Morera, the deputy editor of the global online desk at Reuters, Bangalore.

The discussion, moderated by Professor Mark Austin of IIJNM, revolved around the crucial issues surrounding the Indian media industry and the use of social media.

Talking points included the role social media like Twitter and Facebook played in populist movements across the Middle East, such as the Arab Spring and also the exodus of people of Manipuri and Assamese descent from Bangalore last year, due to a series of phone messages which purportedly threatened them with violence.Other issues covered in the discussion were whether bloggers could be cited as credible sources of information and also if their roles in shaping public perception was influencing how media houses and journalists function.

During the course of the discussion, which centered around the drawbacks of a digitally interlinked media landscape, Subhash Rai, said that though it was clearly the work of “right-wing fundamental elements” which led to the circulation of provocative messages against people from the north eastern part of the country, the incident also pointed to the failure of neoliberalism in the Indian context.

“Journalists are one of the beneficiaries of neoliberalism,” said Shubash Rai, while arguing that often, urban concerns take precedence over more

pressing issues occurring outside the big cities, leading to these issues either not being reported or not given the same importance. “For example, nobody is reporting the agrarian crisis,” he said.

Tresa Morera, an IIJNM alumna, said that she believed that “transparency” in the Indian media, and a series of “checks and balances” within media organizations could help in better reporting by the media.

For more details visit https://cis-india.org/news/new-indian-express-march-4-2013-social-media-undermining-journalistic-credibility

Social media sites refuse Indian censorship request

praskrishna — 2011-12-08T08:26:45Z

The Indian government's proposal to crack down on offensive internet content has sparked anger among the population.

Telecommunications minister Kapil Sibal asked providers of social media sites like Facebook and Twitter to screen out content that might be considered defamatory to religious and political leaders. But the move has been decried as a gag on freedom of speech.

Presenter: Kanaha Sabapathy
Speakers: Kapil Sibal, India's Telecommunications Minister; Milind Deora, Minister of State for Communications and IT; Varun Gandhi, Member of Parliament for the Opposition, BJP; Sunil Abraham, Executive Director of the policy research group, the Centre for Internet and Society

Listen to the audio here (Microsoft ASF video, 591 bytes)

Sunil Abraham spoke to Radio Australia. Follow the original broadcast by ABC Australia Radio here

For more details visit https://cis-india.org/news/social-media-sites-refuse-indian-censorship

Social media promotions can backfire, too

praskrishna — 2013-11-14T05:24:44Z

Social media is a highly effective marketing tool for companies but its very ubiquity and the speed with which messaging goes viral has meant that it can hurt them badly as well, especially since platforms are not always moderated and can be hacked or misused.

The article by Ratna Bhushan and Varuni Khosla was published in the Times of India on November 11, 2013. Sunil Abraham is quoted.

It's not just bad language and racially or socially insensitive messages seemingly originating from official Twitter handles, some companies are guilty of poorly judged promotions resulting in consumer backlash.

On the eve of the country's largest broadcaster Star India rebranding its sport channels last week, the Star Sports Twitter handle posted abusive language. Star India said the account had had been hacked, but by then the tweet had gone viral.

Just before that, the Board of Control for Cricket in India Twitter handle had cricket legend Sachin Tendulkar's digital autograph along with bad language on the eve of his retirement from the sports.

Two days before Diwali, beverage and snacks maker PepsiCo ran a contest on Twitter asking contestants to tweet their version of the Ramayana. That caused outrage on social media, led by writer Chetan Bhagat.

PepsiCo quickly apologised and removed the promotion but not before it got flooded by tweets from those who were upset by the move. While Star and BCCI blamed hackers and PepsiCo's scored an own goal, social media experts say companies need to be more responsible.

"Our intent was to involve young Indians in one of India's most loved festivals. We took immediate action and withdrew the contest," the beverage maker's spokesperson said.

AStar Sports spokesperson also said the firm had apologised for the offensive tweet. "We have investigated the issue. A thirdparty vendor had abused his privileged access to the account. We are in the process of taking necessary action and will ensure that no such event recurs."

But ensuring third-party quality control may be easier said than done. "Many companies are unable to handle their social media operations because they usually outsource these to companies that don't get paid well enough (say Rs 50,000 to Rs 60,000 per month).

Hence the people handling the accounts could be anyone from an untrained 22-year-old fresh out of college or someone who has no skill set in the social media space," said Gaba.

Sometimes humour can turn offensive too. In the middle of last year, when Sachin Tendulkar made his eagerly awaited 100th international century, a tweet from insurance services firm Bajaj Allianz went: Congrats to Sachin for his long awaited 100th ton. Now don't delay your retirement planning. #RetireRich #JiyoBefikar.

That caused much offence to Tendulkar's fans. Or take the case of Fortis, which sought to promote breast feeding week last year with the hashtag AgarMaKaDudhPia-HaiTo. Predictably, this one too ran into trouble.

"Social media by definition, unlike broadcast media, cannot be controlled. Therefore, even if you take all conceivable precautions there can be unintended consequences. But India is culturally as complicated as a continent — therefore, it requires a very sophisticated understanding and nuance to pull off humour that is universally appealing and does not offend anyone," said Abraham. Last week, the seven-year-old Twitter's stock rose 73% on its debut, with a market value of $31 billion, making it one of the most successful IPOs of the year and beating even its own expectations. Globally, examples abound of companies or institutions making on Twitter bloopers.

"Companies shouldn't always come up with the excuse that their account was hacked... they need to be accountable. A senior member of the team should always oversee tweets before they're sent out," said Ankita Gaba, co-founder of socialsamosa.com, an Indian social media knowledge storehouse.

Sunil Abraham, executive director of the Centre for Internet and Society, a non-profit research organisation that works on policy issues relating to freedom of expression and privacy, said, "The BCCI disaster is because they have taken automation too far. Automation of social media interactions can be useful but without careful human oversight, it can very easily be gamed by rogue elements online."

A PepsiCo India spokesman said the firm's #Ramayana140 Twitter contest "unintentionally caused some concern to consumers".

For more details visit https://cis-india.org/news/economic-times-november-11-2013-ratna-bhushan-varuni-khosla-social-media-promotions-can-backfire-too

Social Media Monitoring

amber — 2017-01-16T14:23:13Z

We see a trend of social media and communication monitoring and surveillance initiatives in India which have the potential to create a chilling effect on free speech online and raises question about the privacy of individuals. In this paper, Amber Sinha looks at social media monitoring as a tool for surveillance, the current state of social media surveillance in India, and evaluate how the existing regulatory framework in India may deal with such practices in future.

Social Media Monitoring: Download (PDF)

Introduction

In 2014, the Government of India launched the much lauded and popular citizen outreach website called MyGov.in. A press release by the government announced that they had roped in global consulting firm PwC to assist in the data mining exercise to process and filter key points emerging from debates on Mygov.in. While this was a welcome move, the release also mentioned that the government intended to monitor social media sites in order to gauge popular opinion. Further, earlier this year, the government set up National Media Analytics Centre (NMAC) to monitor blogs, media channels, news outlets and social media platforms. The tracking software used by NMAC will generate tags to classify post and comments on social media into negative, positive and neutral categories, paying special attention to “belligerent” comments, and also look at the past patterns of posts. A project called NETRA has already been reported in the media a few years back which would intercept and analyse internet traffic using pre-defined filters. Alongside, we see other initiatives which intend to use social media data for predictive policing purposes such as CCTNS and Social Media Labs.

Thus, we see a trend of social media and communication monitoring and surveillance initiatives announced by the government which have the potential to create a chilling effect on free speech online and raises question about the privacy of individuals. Various commentators have raised concerns about the legal validity of such programmes and whether they were in violation of the fundamental rights to privacy and free expression, and the existing surveillance laws in India. The lack of legislation governing these programmes often translates into an absence of transparency and due procedure. Further, a lot of personal communication now exists in the public domain which renders traditional principles which govern interception and monitoring of personal communications futile. In the last few years, the blogosphere and social media websites in India have also changed and become platforms for more dissemination of political content, often also accompanied by significant vitriol, ‘trolling’ and abuse. Thus, we see greater policing of public or semi-public spaces online. In this paper, we look at social media monitoring as a tool for surveillance, the current state of social media surveillance in India and evaluate how the existing regulatory framework in India may deal with such practices in future.

For more details visit https://cis-india.org/internet-governance/blog/social-media-monitoring

Social media may influence 160 LS seats in 2014

praskrishna — 2013-04-15T07:13:52Z

Social media is likely to influence politics and elections in 160 of India’s 543 Parliament constituencies, making Facebook and Twitter users the nation’s newest voting bloc, a new study suggests.

This article by Zia Haq was published in the Hindustan Times on April 12, 2013. Sunil Abraham is quoted.

In these mostly urbanizing constituencies, social-media usage is now “sufficiently widespread” to influence the outcome of a general election slated for 2014, the study by IRIS Knowledge Foundation and supported by the Internet and Mobile Association of India (IAMAI), indicates.

On April 4, Congress scion Rahul Gandhi’s high-profile address to the Confederation of Indian Industry, a leading business forum, was trending topmost on Twitter in India that day, some posts by rivals mocking him.

A series of lectures by Gujarat chief minister Narendra Modi, a presumptive PM, this week too garnered strong social-media attention, with his and Gandhi’s supporters competing online to run the other down.

A deeply polarizing figure still, Modi is often accused of watching over a carnage that killed nearly 2000 people in 2002, mostly Muslims. Yet, he has pulled off a stunning online strategy to showcase Gujarat as India’s Guandong, a south China province with top GDP rankings and investment.

Research shows that social media is more persuasive than television ads. Nearly 100 million Indians, or more than Germany’s population, use the Internet each day. Of this, 40 million have assured broadband, the ones most likely to have at least one social media account.

“Unlike Obama, who used social media directly for votes, Indian politicians have tended to use it more to mould public discourse,” says Sunil Abraham, the CEO of The Centre for Internet and Society.

That is likely to change in 2014. Not surprisingly, Modi became the third politician globally, a fter Obama and Australian PM Julia Gillard, to host a political conference on Google+ hangout.

Chief ministers in states are also leveraging social media. Bihar has unveiled a re-branded campaign called, “Bihar ka haq” or Bihar’s Rightful Cause, on Facebook.

Social-media-impacted constituencies, according to the study, are those where Facebook users are more than the victory margin of the winner in the last Lok Sabha election, or where such users account for over 10% of the voting population.

For more details visit https://cis-india.org/news/hindustan-times-zia-haq-april-12-2013-social-media-may-influence-160-lok-sabha-seats-in-2014

Social Media Aids Rescue Efforts in Flood-Hit Kashmir

praskrishna — 2014-09-12T05:10:34Z

As flood-ravaged Indian Kashmir faces a communication blackout, social media posts on Facebook and Twitter are playing a huge role in tracing people stranded in the region.

The article by Anjana Pasricha was published in Voice of America on September 10, 2014. Sunil Abraham gave his inputs.

More than 400 people in India and Pakistan have been killed in the floods which have engulfed the mountainous region, and tens of thousands are waiting to be rescued.

Aijaz Qaisar, who works in Bangalore, is desperate for news of his ailing, elderly parents and his brother’s family. They had to scramble to the third floor of their home in Kashmir’s summer capital, Srinagar, after floodwaters inundated the lower two floors.

“It’s a kind of attic, they are in an attic. It was again through Facebook, my brother, youngest brother, he had posted pictures of water all around…and after that no communication at all," he said. "[I am] completely, completely helpless.”

Qaisar has posted an SOS plea on Facebook, “please rescue Mr. Qaisar-ud-Din’s family” and given their address. Until Wednesday afternoon, he was still waiting.

“I am hoping, I am hoping that somebody would respond," he said. "I am hoping one call back telling me that water has not gone beyond, and there is food being supplied or at least water being supplied.”

Like Qaisar, tens of thousands of distressed relatives have flooded Facebook and Twitter with cries for help, urging rescuers and army personnel working in Indian Kashmir to reach their loved ones.

With phone and power lines down, those stranded are unable to call for help. And so such posts are helping to point rescue teams in the right direction. At the moment rescuers have virtually no way of identifying victims most urgently in need of help - the sick, the elderly and children.

While Qaisar has not yet been lucky, many others have. A Facebook exchange between the army and the sister of a woman, who is nine months pregnant, shows that soldiers responded to her plea on social media and rescued the stranded woman.

Army officials say all messages for help being received on its website are being forwarded to a group that includes senior commanders in the region. Starting Monday, the army also began putting up a list of rescued people on one of its Facebook accounts to keep relatives informed.

Self-help groups have also sprung up on Facebook sharing information on missing people. Google has allied with the National Disaster Response Force to create a database of stranded and missing people. People wanting to donate are connecting on the hashtag #Kashmirfloods.

Sunil Abraham at the Center of Internet and Society says social media can be a powerful tool for collaboration in situations like the ones faced by Kashmir.

“Through features like hashtag, you can form dynamic, express community,' he said. "Here social media has a marked advantage because an express platform for collaboration can be set up instantaneously.”

About 50,000 people have been rescued so far - 40,000 of them by the armed forces. But tens of thousands are still trapped in their homes.

The army, posted in huge numbers in the Himalayan region that borders Pakistan, is at the forefront of the massive rescue effort.

Atul Bhatia, an army official in Jammu region who turned a generator on an army truck into a mobile recharge point, told an Indian television channel that lack of communication is the biggest problem.

“The connect with relatives of theirs outside this area was the most important thing for the relatives and them to be assured that everything is fine," he said.

"With no electricity for five days out here, it was important their mobiles start working.”

The floods engulfed the region a week ago, devastating villages and towns, and destroying roads and bridges in the scenic mountain region.

For more details visit https://cis-india.org/internet-governance/news/voice-of-america-september-10-2014-anjana-pasricha-kashmir-flood-social-media-aids-rescue

Social Media 1, Indian Government 0

praskrishna — 2012-04-27T04:44:39Z

The futility of the Indian government’s attempts to control what is posted on Facebook, YouTube and other social media sites was thrown into high relief this week, after a video purportedly showing Congress spokesman Abhishek Manu Singvi having sex in his office resulted in his resignation.

The article by Heather Timmons was published in the New York Times on April 26, 2012

Mr. Singhvi, who also is a prominent lawyer, said the video was a fake, but resigned from his spokesman spot and from a parliamentary law committee he headed Monday evening, to “prevent even the slightest possible parliamentary disruption,” he said in a statement.

The video, which has now been viewed by hundreds of thousands of people on YouTube and other social media sites, is neither explicit, nor immediately incriminating – most of it appears to show little more than the top of Mr. Singhvi’s balding head, in profile, bobbing above the top of his desk. He might be waxing his office floor, or searching somewhat frantically for a dropped contact lens.

Still, a Delhi High Court injunction on April 13 banned television stations from broadcasting the video, which was originally distributed to media outlets on a CD. Perhaps frustrated by their inability to show the footage in question, India’s television news stations have been engaged in unusually highbrow debate about whether India actually needs stricter privacy laws for public figures.

There’s no such talk on social media sites, though.

The video was quickly posted on Facebook, Pirate’s Bay and other social media and video-sharing sites. While a Facebook page especially created for it has been taken down, there are now dozens of versions of the video on YouTube, in increasingly pixelated versions as users copy and post it again and again. (One YouTube user even helpfully posted a video of the Facebook page, and filmed the process of opening all the links on the page.)

Social media companies received requests from Indian law enforcement officials and court orders asking them to remove the video, which they did, executives in social media companies said on background. But it kept popping up again and again.

Tejinder Pal Singh Bagga of the Delhi-based Bhagat Singh Kranti Sena, a right-wing group, told wire service IANS that he posted the video on Twitvid, which allows users to distribute videos via Twitter. “I am not afraid of these people and they deserve this,” he said. “I am prepared for any consequences,” he said.

Facebook officials said they couldn’t comment on the situation. The page in question that featured the Singhvi video was created with by a “fake” user, which is against Facebook’s rules.

Google received a copy of a generic court order from Mr. Singhvi’s lawyers on April 24 asking it to remove the video, which it followed.

“Our policy prohibits inappropriate content, on YouTube and our community effectively polices the site for inappropriate material,” the company said in an e-mailed statement. Inappropriate material includes videos that “contain pornography, harassment, content that violates privacy, illegal acts or explicit violence violate the YouTube community guidelines,” it said. Users can flag content they feel is inappropriate, she said, and then the company’s staff reviews the content and removes it if it violates guidelines. “In addition, Google acts to promptly remove an offending video if a court order requires it,” the statement said.

But since Google has taken down the first offensive videos and copies of videos, others have sprung up. Per Google’s general policy, these will only be removed if YouTube users or others complain about them.

On Wednesday, the Delhi High Court dismissed a petition by the Bar Council of Delhi (of which Mr. Singhvi is a member) seeking to take action against Mr. Singhvi’s driver, who had allegedly originally distributed the CD.

Investigating who first introduced the video to social media sites and circulated it there is next to impossible, Internet experts say.

“No country, even though its law might say so, is able to exercise jurisdiction across the world” on the Internet, said Sunil Abraham, the executive director of Bangalore’s Center for Internet and Society, a research and advocacy group. Because India does not have a bilateral cyber-crime agreement with the United States (as the European Union does), getting American companies like Facebook and Google to take down or investigate the source of content that offends Indian government officials can be a slow and cumbersome process, he said.

The Indian government may never be able to track down who first posted the video, Mr. Abraham said. “Drawing a chain of causality and trying to arrive at the first person who introduced it onto the Internet is a bit of a complicated task,” he said. “Even if you find one version of the story, there might be another one,” he said. In addition, the Indian government might only be able to access records from Indian telecommunications providers, he said, and related to Indian ISP addresses.

A screenshot of the YouTube page displaying several video clips that show up with the search terms “Abhishek Manu Singhvi sex CD.”

For more details visit https://cis-india.org/news/social-media-indian-govt

Social Activist Alleges Threat By Police Officer Over Possession of Aadhaar

Admin — 2017-07-20T14:31:12Z

Social activist Shabnam Hashmi recorded a policeman telling her those without address proof and Aadhaar could be “eliminated”.

The article by Gaurav Vivek Bhatnagar was published in the Wire on July 16, 2017. Pranesh Prakash was quoted.

Well-known social activist Shabnam Hashmi held a press conference to say she was threatened on the telephone by a police officer at the Lajpat Nagar police station warning her that the government had launched a ‘surround and eliminate’ campaign against people whose addresses are not known and who do not possess Aadhaar numbers or cards. This is now a standing instruction to all police stations, Hashmi was told. Moreover, the officer – accused of threatening and abusing Hashmi when she called him on the night of July 14 to know why the husband of a woman, who learns stitching at a training centre run by the NGO Pehchan at Jaitpur in south-east Delhi, had been summoned at a late hour – insisted that police personnel were well within their rights to act in this way.

The police may brush aside this assertion as the concerned officer’s personal opinion, or they may deny the veracity of the conversation, which Hashmi recorded and shared with the media; but she and other anti-Aadhaar activists say the interaction raises questions about the consequences – intended or unintended – of the Centre’s stress on making Aadhaar mandatory for the personal liberty and civil rights of ordinary residents.

Many Aadhaar critics have, in the past, expressed the fear that the irresponsible use or misuse of Aadhaar could lead to India becoming a ‘surveillance state’ or ‘police state’ by placing enormous discretionary powers in the hands of unscrupulous state officials.

Petitioners in SC had cautioned against misuse of Aadhaar

Earlier this year, Communist Party of India leader Binoy Viswam had filed a petition in the Supreme Court questioning the introduction of Section 139 AA of the IT Act to link Aadhaar cards with PAN cards. Subsequently, in an interview in April this year, he had noted that “the citizens are becoming instruments in the hands of the state” as “by taking fingerprints, iris scans and other details of the citizens of the country, the state is becoming the custodian of its people.” He had also expressed the fear that “the state can use this data according to its whims and fancies”.

Viswam could not have been more correct. Much before the use of data, “elements” of the state have started using the ruse of creation of data itself as a convenient tool to threaten and intimidate people and this is precisely what happened in the case of Hashmi.

Recalling the incident, Hashmi, who is the founding trustee of Pehchan, said the NGO runs a small centre in Jaitpur extension where it teaches school dropouts to appear for class 10 and 12 examinations and also runs sewing classes for women.

Hashmi said that at around 9 pm on July 14, Haseen, the husband of Mubina, one of the trainees, was summoned by a sub-inspector to the Lajpat Nagar police station regarding a complaint. When Hashmi called up the police station to find out what the summons was about, the policeman allegedly “hurled abuses”, and used “highly derogatory and uncivilised language” during the conversation.

Though Hashmi did not have a recorder in her phone at the time of the first call, she subsequently downloaded one and later recorded her conversation with the same officer.

In this conversation, the policeman is heard reasoning with Hashmi that he had not summoned Haseen at a late hour. He claimed that he used harsh language in the first conversation since she had not identified herself and had only proclaimed herself to be a social worker. It also comes across in the conversation that Hashmi had told the man in the earlier conversation that he was drunk while being on duty and that this had irked him. It emerged that the cop had got an inkling that she was recording the later conversation, because of which he apparently mellowed down.

The issue assumes significance as after declaring twice in the past that Aadhaar cannot be made mandatory for delivering services, the Supreme Court had recently upheld the validity of an Income Tax law amendment linking PAN with Aadhaar for filing tax returns.

Former Attorney General Mukul Rohatgi had argued that the government was “entitled to have identification” and that “as constituents of society people can’t claim immunity from identification.” Rohatgi had insisted that “no right is absolute, right to body is not absolute. Under extreme cases even right to life can be taken away, under due process.”

Experts have often cautioned against Aadhaar misuse

According to legal experts, the illegalities related to Aadhaar do not just end with such arguments. Writing for The Wire, Prashant Reddy T., a research associate at the School of Law, Singapore Management University, had noted that in the past couple of months the “Modi government has increasingly used its rule-making powers under various laws in a manner which is contrary to the law of the land.” He was referring to the Centre’s announcement to mandatorily link Aadhaar numbers to all non-small bank accounts, failing which, access to the bank accounts would be disabled after December 31.

“As is often the case with this government, the question now is whether this new mandatory Aadhaar requirement (and the threatened punishment) is legal,” the expert had asked.

Earlier this year, writing for the Hindustan Times, Pranesh Prakash, policy director at the Centre for Internet and Society, and an affiliated fellow at Yale Law School’s Information Society Project, had referred to the immense potential of Aadhaar for profiling and surveillance. He had called for fundamentally altering Aadhaar, saying that if the rampant misuse of surveillance and wilful ignorance of the law by the state were anything to go by, the future looked bleak.

For more details visit https://cis-india.org/internet-governance/news/the-wire-gaurav-vivek-bhatnagar-july-16-2017-social-activist-alleges-threat-by-police-officer-over-possession-of-aadhaar

So Much to Lose

nishant — 2012-12-07T16:39:09Z

Unless you have been hiding under a rock, you have been a witness to the maelstrom of events that accompanied the death of the political leader Bal Thackeray.

Nishant Shah's column was published in the Indian Express on December 2, 2012.

Unless you have been hiding under a rock, you have been a witness to the maelstrom of events that accompanied the death of the political leader Bal Thackeray. For me, the brouhaha was elbowed out by the case of the police arresting two women for critiquing the events on Facebook. The person who wondered about the nature of the enforced mourning and the state of our public life, and her friend who “liked” the comment on Facebook, were booked and arrested under charges that can only be considered preposterous.

I will not repeat these arguments because it is needless to say that I am on the side of the women and think of this as yet another manifestation of the stringent measures which are being evolved as an older broadcast way of thinking meets the decentralised realities of digital technologies.

In the midst of this the idea of internet freedom needs to be revisited. The global Press Freedom Index 2011-12 report compiled by Reporters Without Borders, ranks India at 131, or as a “partly free” country, marking us as a country where the notion of internet freedom is not to be taken for granted, and possibly also one where the concept is not properly understood.

Citing various instances from the central government’s plans to censor the social web to the authoritarian crackdown on activists and cultural producers involved in online civic protests, from the traditional media industry’s stronghold over intellectual property regimes to the arrest of individuals for voicing their independent critiques online, the report shows that we not only have an infrastructure deficit (with only 10 per cent of the people in the country connected), but also a huge social and political deficit, which is being exposed by our actions and reactions to the Web.

Take the case of professor Ambikesh Mahapatra dean of the chemistry department of Jadavpur University, who was picked up by the police and lodged in the lock up for almost 40 hours for forwarding an e-mail that contained a cartoon of Trinamool Congress leaders Mamata Banerjee, Mukul Roy and Dinesh Trivedi. He and his housing society co-resident Subrata Sengupta were charged with defamation and outraging the modesty of a woman. While the proceedings are underway with the next date of hearing slated in February, 2013, the Jadavpur university professor says, “Section, 66A of the IT Act is being used for suppression of the freedom of speech. In my opinion, it is being misused by the state government, repeatedly. The section does not empower anyone to arrest those who voice their opinion and never meant to harm anybody’s image. Prompt action is needed to check the misuse of law.”

Likewise, Ravi Srinivasan, a 46-year-old a businessman from Pondicherry, was arrested for tweeting against Karti Chidambaram, son of Union Finance Minister P Chidambaram. His arrest and consequent release has not blunted his spirit. He says, “At the time (of the arrest) I had not heard of Section 66(A). I still cannot fathom why and how a tweet sent out to just 12 people — half of them family and friends — caught the eye of the police. By evening, when I had come home from the police station, my Twitter following had gone up to 1,700. About 15,000 people re-tweeted the statement that got me arrested.”

Given the series of incidents that have marked the last year and the whimsical nature of regulatory injunctions on internet freedom in the country, it might be a good idea for us to reflect on democracy and freedom.

We need to examine the fundamental nature of freedom, and how these attempts at regulating the internet are only a symptom of the systemic failures of enshrining freedom of speech, information, identity and dignity in India. However, internet freedom is often a difficult concept to engage with, because it is one of those phrases that seem to be self-explanatory but without a straightforward explanation. There are three axes which might be useful to unpack the baggage that comes with internet freedom, both for our everyday practices, and our imagined future:

Freedom of: The freedom of the internet is something that is new and needs more attention. We have to stop thinking of the internet as merely a medium or a conduit of information. As the Web becomes inextricably linked with our everyday lives, the internet is no longer just an appendage or an externality. It becomes a reference point through which our social, political and economic practices are shaped. It becomes a defining point through which we draw our meanings of what it is to be a part of the society, to have rights, to be politically aware, to be culturally engaged — to be a human. The freedom of the Net is important because the crackdowns on the Net are an attack on our rights and freedoms. The silencing of a voice on Facebook, might soon gag the voices of people on the streets, creating conditions of silence in the face of violence perpetuated by the powerful.

Freedom to: Freedom to the internet is often confused with access to the internet. While, of course, access is important in our imagination of a just society where everybody is equally connected, freedom is also about creating open and fair societies. If the power of the internet is in creating alternative spaces of expression, deliberation and opinion-making, then the freedom to the internet is about being safe and responsible in these spaces. A society that controls these spaces of public discussion, under the guise of security and public safety, is a society that has given up its faith in freedom.

Freedom for: It is often not clear that when popular technologies of information and communication are regulated and censored, it is not merely the technology that is being controlled. What is being shaped and contained is the way people use them. The freedom for the internet is about the freedom for people. The possibility that Internet Service Providers are being coerced into revealing personal information of users to police states, that intermediaries are being equipped to remove content that they find offensive from the web, and that views expressed on the social media can lead to legal battles by those who have the power but not the acumen to exercise it, all have alarming consequences. There is a need to fight for freedom, not only for the defence of technology but also for the defence of the rights that we cherish that risk being eroded.

The case of these Facebook arrests is not new. It has happened before and it will continue happening as immature governments are unable to cope with the real voices of representational democracy. These cases sometimes get naturalised because they get repeated, and even without our knowledge, can start creating a life of fear, where we internalise the regulatory system, not voicing our opinions and ideas for fear of persecution. And so, whether you agree with their politics or not, whether you endorse the viewpoints of the people who are under arrest, whether you feel implicated or not in this case, we have to realise that even if we might not agree with somebody’s viewpoint, we must defend their right to have that particular viewpoint. Anything else, and tomorrow, when you want to say something against powers of oppression, you might find yourself alone, as your voice gets heard only by those who will find creative ways of silencing you.

— With inputs from Gopu Mohan, Madhuparna Das and V Shoba

For more details visit https://cis-india.org/internet-governance/blog/indian-express-dec-2-2012-nishant-shah-so-much-to-lose

Snooping technology: Will CMS work in India?

praskrishna — 2013-07-22T07:19:02Z

The Indian government plans to spend $132 million on setting up its brand new Central Monitoring System this year.

Pierre Fitter's article was published in FirstPost on July 17, 2013. Pranesh Prakash is quoted.

Several articles have raised valid questions about privacy violations, including this one by Danish Raza. Elsewhere, Pranesh Prakash has raised important points about how CMS may actually violate several laws and at least one Supreme Court verdict.

I ask a much more basic question: will CMS work? Can it really help security agencies eavesdrop on criminals and terrorists, despite several known technical hurdles?

	Encryption In 2008, a prominent Brazilian banker and investor named Daniel Dantas was arrested and charged with money laundering and tax evasion along with a former mayor of Sao Paulo. For five months, the Brazilian National Institute of Criminology tried to read the contents of his hard drive but failed to crack it. Dantas had encrypted his data using a free program called Truecrypt. The INC sent the hard drive to the FBI in the US, which spent a whole year trying to crack it; it too failed. Dantas’s use of encryption likely helped him escape the money laundering and tax evasion charges. He was ultimately convicted of attempting to bribe a police officer.

Encryption

In 2008, a prominent Brazilian banker and investor named Daniel Dantas was arrested and charged with money laundering and tax evasion along with a former mayor of Sao Paulo. For five months, the Brazilian National Institute of Criminology tried to read the contents of his hard drive but failed to crack it. Dantas had encrypted his data using a free program called Truecrypt. The INC sent the hard drive to the FBI in the US, which spent a whole year trying to crack it; it too failed. Dantas’s use of encryption likely helped him escape the money laundering and tax evasion charges. He was ultimately convicted of attempting to bribe a police officer.

This story illustrates a fundamental loophole at the heart of CMS. A criminal, using free and easy-to-use software, can protect his data from even the most advanced surveillance tools available in law enforcement. NSA whistle blower Edward Snowden himself used encrypted email to communicate with journalists at the Guardian. In an online chat where he took questions from the public, Snowden noted that encryption was “one of the few things that you can rely on” to protect you from the eavesdropping behemoth created of the NSA.

It should hardly be surprising then, that terror groups have been encrypting their emails and data for at least the last five years. In fact Al Qaeda developed its own encryption software called ‘Mujahideen Secrets’, to encrypt emails, chat sessions and files. Version two of Mujahideen Secrets even included a tool to delete files securely so that they could not be recovered using special software if the computer was captured. Al Qaeda’s links to several terror groups operating in India has been widely reported in the past. It is not inconceivable that they have shared their encryption software with their comrades-in-arms.

Over the years it has become easier to encrypt one’s communication. YouTube tutorials train even novice users to set up email encryption within minutes. Phone calls, text messages and online chats can also be encrypted with free, easy-to-install apps.

The biggest problem with encryption is that it is virtually impossible to break the code in a time frame that’s useful for law-enforcement purposes. Without getting too technical, modern encryption relies calculating the prime factors of very, very large integers. In 2009, a group of some of the world’s best-known mathematicians and cryptographers reported that it took them four years to factor a 768-bit integer. They estimated it would take 1,000 times longer to factorise a 1024-bit integer. GPG, which is the most widely-used email encryption software, allows users up to 4096-bit encryption. Unless you have the password to the encrypted files, it would take you a very long time to crack the encryption.

Here’s an example to help you understand why encryption makes CMS redundant. Let’s say the system intercepts an encrypted email sent by a LeT handler in Karachi to a sleeper cell in Mumbai. The email contains instructions to detonate a bomb in a specific market at a specific time four days from now. Even if India’s intelligence agencies managed to link up every computer they had available to process the encryption, they would still not be able to crack it in time to learn the details and stop the attack.

What about ‘Metadata’?

It should be noted that encryption only protects the body of the email. The metadata, including the sender’s and receiver’s email addresses remain unencrypted, else the service provider would be unable to send the email to its destination. Law enforcement agencies often partner with email providers to track down the exact computer on which tell-tale emails were read.

However, this method of tracing criminals has a limitation. Programs such as TOR and Hotspot Shield disguise the IP address of a user’s PC. For example, when I use TOR, Facebook will often ask me to confirm my identity as it sees me as logging in from an unfamiliar location. TOR has thousands of servers around the world through which it bounces your data before sending it to its destination.

There is another limitation to using metadata. Due to obvious legal hurdles, CMS will only be deployed to capture communication within India. If terrorists were planning an attack from elsewhere in India’s neighbourhood (as happened with 26/11), we would have to rely on that country’s intelligence services for an alert. Good luck with that!

To make untraceable phone calls, terrorists have been known to use “burner” phones. These are pre-paid phones that are easily available in the US and other countries that do not require an ID for such mobile connections. They can be topped up using cash, which makes their prolonged using even more untraceable.

Even if CMS allowed spooks to listen to these calls, it would not be able to tell who was talking to whom. From details that emerged following the Abbottabad operation that killed Osama bin Laden, we also know that terrorists have been trained to turn off their phones and remove the battery to prevent being tracked even while not on a call.

So what is CMS good for?

If terrorist communications can easily be hidden from CMS, you have to wonder why the government is going through all the effort and expense to set up such a system. What good can come off the mass hoovering of data of ordinary citizens’?

Imagine if CMS intercepted a ‘BBM chat’ between two businessmen, who were discussing a contract that could affect the business interests of a government MP.

Imagine the government getting access to emails exchanged between a journalist and a source in the IAS who wants to expose a major corruption scandal involving a cabinet minister.

Imagine if the government had access to phone calls between two opposition politicians discussing election strategies.

What if CMS tracks a PhD candidate who is researching Naxal terror and has downloaded Naxal pamphlets? What if this researcher has been able to establish contact with Naxals for an interview. Can the government use such data to charge him with participating in a Naxal conspiracy, even if his only intention was to research their motivations? In a country where chief ministers label their critics as “Naxals” for merely raising questions, are we certain we want such unmitigated power in the government’s hands?

These are all questions well worth asking, especially since the ostensible reason for setting up the CMS—monitoring terrorists and criminals—is a fool’s errand at best.

For more details visit https://cis-india.org/news/firstpost-pierre-fitter-july-17-2013-snooping-technology

Snooping Can Lead to Data Abuse

sunil — 2012-03-21T10:39:22Z

THE NATGRID, aiming to link databases of 21 departments and ministries for better counter- terror measures, adopts blunt policy approach, subjecting every citizen to the same level of blanket surveillance, instead of a targeted approach that intelligently focuses on geographic or demographic areas that are currently important.

All you manage to do with the current approach help software, hardware and biometric equipment vendors achieve their sales targets. It is quite unlikely that security agencies will learn anything insightful by putting everybody under the same degree of surveillance. There is no scientific evidence to show that we will be a safer nation if the government eavesdropped into all aspects of a citizen’s life. Targeted surveillance, on the other hand, is like good old- fashioned detective work. Put a particular section — of potential troublemakers — under surveillance and leave the others alone.

With round- the- clock, 100- per cent, 360- degree surveillance, all the data is scrutinised all the time. The more effective approach is to sample and collect data while maintaining data trails. If anything suspicious is noticed, the rest of the trail can be dug up. Blanket surveillance only leads to leaks and abuse and tremendous distraction. The surveillance infrastructure will be overburdened as 99 per cent of the records and files scanned will be of no interest terms of fighting terrorism, etc.

The 21 databases need to be opened only when there is anything suspicious in any of the extracted and scrutinised samples or subsets. If there is a suspicious pattern, it should lead to opening of subsets in all the databases. Obviously, there should be ways in which the databases can talk to each other — demand for a particular subset, and not for all the records to be available to agencies all the time.

The NATGRID has to be able to let investigators selectively go in and out of the necessary subsets data. No one should be able to have a 360 degree view of all activities of all Indians. AS OF now, the NATGRID design does not appear to have a safeguard for data abuse. And no matter what you see Hollywood movies, this configuration does not exist in Europe or the US. Two important forms of protections that should be available in democracies with robust privacy laws are missing in India. The first is breach notification.

If intelligence agencies and the police have looked up your files, you have a right to be informed. Secondly, you can request for a copy of the information that is maintained on you and request modifications if the data is inaccurate, so as to prevent harassment. Such checks and balances are necessary an intelligent and appropriate surveillance regime.

Merging all 21 databases for 1.2 billion people into a single system only provides a juicy target for any internal or external enemy. From the perspective national security, it is a foolish thing to do. Terrorist groups will be able to target a single failure point destroy over a billion lives. Since the current configuration of the NATGRID only undermines national security, one is forced conclude that national security is a false pretext.

This explains the deep scepticism among many the intelligence agencies involved. The real purpose of the project is to scare citizens in the age of Arab springs. The NATGRID is a disciplinary measure aimed at social engineering of citizens’ behaviour. Unfortunately, our media has been misled by the corporate cheerleaders of this humongous waste of money.

The writer is executive director at the Centre for Internet and Society in Bangalore.
( As told to Max Martin)

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For more details visit https://cis-india.org/internet-governance/blog/snooping-to-data-abuse

SMS Block as Threat to Free Speech

Chinmayi Arun — 2012-09-02T09:02:11Z

If you could text just one or two people in a day, who would you choose? Many of us have had to make this choice thanks to the order limiting us to five texts a day. Short Message Service (SMS) is not used primarily to send staccato messages like the telegraph was.

(This article was published in the Business Line print edition dated September 1, 2012)

Whole conversations take place across SMS, and language has mutated to facilitate this. Anyone accustomed to this universe of parallel conversation, relationships and support must have found the five texts, and perhaps even the 20 texts, limit very restrictive. It isolated the hearing-impaired and created chaos for those who use bulk-texts to schedule classes or meetings, or run businesses.

Such a ban on communication must be examined to see whether it violates our right to freedom of speech and expression. The texting limit had a direct restrictive effect on our freedom of speech, since it limited communication.

We need to consider whether our rights were restricted legitimately, for reasons permitted by the Constitution. The Indian judiciary has created guidelines to help evaluate the reasonability of restrictions on free speech. The SMS block will be examined against these guidelines to see whether the restriction of communication was justified.

‘Reasonable’ curbs

The Constitution permits restriction of the right to freedom of speech only for limited permitted reasons, one of which is ‘public order’.

However, any such restriction must also qualify as reasonable when measured against the standard created by the Supreme Court. For instance, banning publication of all newspapers for a month because of some newspapers carrying material that may incite riots would most certainly not be reasonable.

The question then arises as to what would amount to a reasonable restriction. The judiciary has considered this question several times and stated that it will take into account, among other things, the nature of the rights infringed, the circumstances under which the restriction has been imposed, the extent and urgency of evil sought to be remedied and the proportionality of the imposition. The order restricting freedom must also have a proximate relationship with the achievement of public order.

Examining the situation at hand from this perspective, we find that people of north-east Indian origin in southern India have been receiving threats — via SMS and other communication channels — of such severity, that it has prompted them to uproot themselves from their lives and their homes en masse. That so many citizens were made to feel unsafe in their own country is cause for concern and the Government is right to take it seriously. It can be argued that this is a public order problem.

However the reasonability of the restriction on SMS is much harder to prove. For such a wide restriction on the freedom of speech to be reasonable, there would need to be a demonstrable nexus or proximate relationship between the bulk-text ban and the resolution of the public order problem. Additionally, the proportionality of the restriction is questionable since it is unclear why such a universal block of bulk-texts was necessary, instead of filtration of texts based on keywords, or identification of a pool of mobile users who pose a greater risk.

SMS and public order

The nexus between texting and restoration of public order appears remote for two reasons. The first is that SMS is not the only way to spread rumours and threats. The block was unlikely to go a long way in protecting anyone from harm since other ways of threatening and rumour-mongering remained available: Third-generation mobile technology, telephone calls and good old-fashioned word-of-mouth.

The second reason is that the dissemination of rumours and threats by themselves would be of less concern if they did not cause the exodus, which had little to do with technology. The problem lies less in SMS technology’s facilitation of rapid communication, and more in the reality of how people of north-eastern origin are treated in other parts of India and why the state security forces like the police do not inspire much confidence in them.

In this socio-political reality, restricting the number of reassuring texts and information that people of northeastern origin may send each other was hardly going to help them feel safer.

Universal embargo

Additionally, the universality of the block is particularly vulnerable to being challenged as unconstitutional. The Delhi High Court has recently declared that an order blocking bulk-SMS unreasonably restricts the right to freedom of speech because such a universal embargo, even if directed at protecting consumers’ privacy, is too broad since it affects not just telemarketers but also people sending non-commercial bulk messages.

The Court felt that since all categories of texts were blocked regardless of their connection to the harm in question, the bulk-text ban unjustifiably affected citizens’ legitimate free speech rights.

The order limiting everyone to 200 texts a day was therefore set aside to the extent that it affected people other than the specific group at which it should have been directed. Imagine how this principle might apply to an order that limits the bulk of mobile phone users to five, or even 20, texts a day.

The trouble with new communications technology is that it takes some time for policy-makers and interested parties to learn to balance the various rights affected. The SMS block, which was been lifted on August 30, unsuccessfully to protect a group of citizens from harm at the cost of many people’s freedom of speech rights. However laudable the motives, this block was an illustration of the worrying lack of accountability and procedural safeguards that lie between our rights and state excesses.

Right to communicate

If Arab Spring made headlines on how mobile phones were use to mobilise, Bahrain’s silenced revolution demonstrated use of the same technology to unravel mobilisation by blocking communication. Our constitution protects our right to communicate freely as well as our right to assemble. As technology evolves to better enable communication, we need to protect its infrastructure, by embedding our rights in the new communication framework.

It is to be hoped that India provides better protection of constitutional rights across communication networks. Restriction of communication needs to be proportionate, justified and within the constitutional accountability mechanism, so that citizens’ rights are not violated any more than strictly necessary.

Without this, we are powerless in the face of what may come — be it the mass surveillance that was once the stuff of dystopic novels or the throttling of communication in the public sphere reminiscent of China.

However, laudable the motives, the SMS block was an illustration of the lack of accountability and procedural safeguards that lie between our rights and state excesses.

For more details visit https://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech