Centre for Internet and Society

Internet Freedom Fellows Program Emphasizes Defense of Fundamental Freedoms Online

praskrishna — 2012-07-02T06:47:31Z

At the Human Rights Council (HRC), the United States has consistently placed special emphasis on the protection and promotion of the freedoms of expression, peaceful assembly and association, because we understand that these fundamental freedoms are essential to facilitating the exercise of other universal rights.

Published on DipNote, the US Department of State Official Blog

Ambassador Eileen Chamberlain Donahoe serves as the U.S. Representative to the Human Rights Council. His blog post was published on DipNote on June 25, 2012.

As activity in the economic, social, and the political realms gravitates from the offline world to the online world, we have an additional responsibility to ensure that human rights and fundamental freedoms are not eroded simply because they are being exercised in the digital realm. The United States is committed to the principle that the same rights that people have offline must also be protected in the online world.

Last week, I had the chance to spend time with the Internet Freedom Fellows, six young human rights activists, each of whom is working in his or her own way to promote and defend freedom of expression, freedom of peaceful assembly and association, and all other human rights on the Internet. The Internet Freedom Fellows (IFF) program is funded by the State Department's Innovation Fund and the U.S. Mission in Geneva, and was designed to follow up on Secretary Clinton's pledge to find innovative ways to promote the use of the Internet in support of human rights. The 2012 Fellows are: Dlshad Othman (Syria), Pranesh Prakash (India), Koundjoro Gabriel Kambou (Burkina Faso), Sopheap Chak (Cambodia), Andres Azpurua (Venezuela), and Emin Milli (Azerbaijan).

The fellows' visit to Geneva coincided with a moment when the Human Rights Council is seized with these issues: The United States and a cross regional group of countries consisting of Brazil, Nigeria, Tunisia, and Turkey have joined with Sweden to present a resolution on the Promotion, Protection and Enjoyment of Human Rights on the Internet. If adopted later this session, this landmark text will mark the first time the Council has substantively addressed the issue of human rights online in a resolution.

As the global community has watched during the past 18 months, individuals across the Middle East, North Africa and beyond have taken to both physical town squares and virtual spaces to express their legitimate aspirations and demand democracy. The Internet has become an essential medium through which journalists, activists, and citizens connect and share information in ways that are changing their societies.

One of this year's fellows is Dlshad Othman, a Syrian activist and IT engineer who has put his own life in danger to assist his fellow Syrian citizen journalists. Sitting next to me at a UN press conference, Dlshad explained how he helps provide Syrians with digital security resources so that they can communicate online freely and securely despite Assad's "electronic army," with its active online censorship and surveillance. Although he cannot currently return to his country, Dlshad is focused on making it possible for the world to hear the voices of people inside Syria. "This is actually the only way that we have at this time, since there isn't any media on the ground."

As the Representative of the United States to the Human Rights Council, I am inspired by these fellows and the courage they've displayed in using the digital realm to advocate for the human rights of their fellow citizens. I will recall their stories and experiences as I work to promote these fundamental freedoms in the Human Rights Council.

For more details visit https://cis-india.org/news/defense-of-fundamental-freedoms-online

Global Networks, Individual Freedoms: A Peer Forum on Internet Freedom and Human Rights

praskrishna — 2012-06-28T09:12:28Z

In Connection with the 2012 Internet Freedom Fellows Program, the United States Mission to the United Nations in Geneva is pleased to invite Pranesh Prakash to a peer forum at the United States Mission to the United Nations on Thursday, June 21, 2012, from 9 a.m. to 3 p.m.

Join the Internet Freedom Fellows, diplomats, UN representatives, civil society, technologists and social media experts, Geneva media and other professionals engaged in the intersection of human rights, internet freedom and technology.

This peer forum is part of the Internet Freedom Fellows program, which brings human rights activists from across the globe to Geneva, Washington, and Silicon Valley to meet with fellow activists, U.S. and international government leaders, and members of civil society and the private sector engaged in technology and human rights.

This year’s Internet Freedom Fellows, all human rights activists and active practitioners of digital media, are from Syria, India, Burkina Faso, Cambodia, Venezuela and Azerbaijan.

For additional information on the program, please visit Internet Freedom Fellows.

Program

9:00 a.m.	Welcome and introduction David Kennedy / John Horniblow
9:15 - 10:15	Freedom to Connect and Freedom from Fear: The problem of surveillance in a networked world. Rebecca MacKinnon – Co Founder Global Voices Online, Author “Consent of the Networked”, Boards of Directors of the Committee to Protect Journalists and the Global Network Initiative
10:15 - 10:45	Developing Networked Voices and Promoting the protection of Human Rights Andreas Harsono, blogger and human rights activist (Indonesia), and Rosebell Kagumire, multimedia journalist working on peace and conflict issues in the Eastern Africa region (Uganda) 2011 Internet Freedom Fellows and journalists (via Skype)
10:45 - 11:00	Coffee break
11:00 - 12:00	Moderated Panel Discussion – How Do we Protect Human Rights in a world of global networks? How do the needs of the grassroots, civil society and business inform the process of upholding the UDHR and IHL in networks and technologies? Dr. Robert Whelan (ICRC), Pranesh Prakash, Salil Trepathi (IHRB), Nicolas Seidler (ISOC), Emin Milli Moderated Panel Discussion followed by Q &A
12:00 - 13:00	Buffet Luncheon
13:00 - 13:30	The Open Internet - Empowering Digital Humanitarianism Paul Conneally - Head of Communications for ITU and a former Red Cross delegate (in various positions, locations and with IFRC plus ICRC and the Irish Red Cross).
13:40 - 14:10	Global Network Initiative and the multistakeholder approach ensuring an Open Internet David Sullivan -Policy and Communications Director Global Network Initiative
14.15 - 14.40	The Silicon Valley Standard and implications for technology companies in the protection of Human Rights and other freedoms Brett Solomon -Exec Director Access Now (via Skype)
15:00	Twiplomacy Matthias Luefkins Managing Director, Digital, EMEA– Burson Marstellar

Participation is limited. Please RSVP by noon on Friday, June 15 to iff@usmission.ch. When responding, please indicate whether you will also join us for the luncheon buffet.

For more details visit https://cis-india.org/news/peer-forum-on-internet-freedom-and-human-rights

Clear and Present Danger: Attempts to Change Internet Governance and Implications for Press Freedom

praskrishna — 2012-06-29T03:59:39Z

The event was organised by National Endowment for Democracy in Washington, D.C., on June 26, 2012. Emma Llansó, Rebecca MacKinnon, Emin Milli, Susan Morgan and Katitza Rodriguez were the speakers.

Pranesh Prakash participated in the event. Susan Morgan from Global Network Initiative was the moderator.

More details are published on the National Endowment for Democracy website.

For more details visit https://cis-india.org/news/clear-and-present-danger

Parliament panel blasts govt over ambiguous internet laws

praskrishna — 2013-03-28T08:37:30Z

The Parliamentary Standing Committee on Subordinate Legislation has come out with a report in which it has lambasted the government and asked it to make changes to IT rules that govern internet-related cases in India.

This article by Ishan Srivastava was published in the Times of India on March 28, 2013. Pranesh Prakash is quoted.

It said in the report that multiple clauses in the laws had inherent ambiguity and that discrepancies exist in the government's stand on whether some rules are mandatory or only of advisory nature.

The committee said that inherent ambiguity of words like 'blasphemy' and `disparaging', among others, could lead to harassment of people as has happened with Section 66A of the IT Act repeatedly in recent times. Incidents include the arrest of two girls over 'liking' a Facebook post and a defamation case against an individual for an 'offensive' tweet. It has also been used by multiple politicians to suppress voices of dissent by branding them as 'defamatory'.

These ambiguous terms are used in the Intermediary Guidelines rules, passed in April 2011, which the committtee said could lead to legitimate speech being removed. Also, the Standing Committee noted that many categories of speech prohibited by the Intermediary Guidelines rules were not prohibited by any statute, and hence could not be prohibited by the government through these rules. The Standing Committee has asked the government to ensure that "no new category of crimes or offences is created" by these rules.

The committee also said that discrepancies exist in the nature of implementation of these laws. While the government's stand is that Intermediary Guidelines are only "of advisory nature and self-regulation" and that "it is not mandatory for the Intermediary to disable the information", the wording of the laws suggest otherwise. In many of the laws, terms like "shall act" within 36 hours are used. The committee said that there was a "need for clarity on the aforesaid contradiction" and "safeguards to protect against any abuse" since it could lead to censorship.

"The government has told the Committee that the rules are for "self-regulation", but they in fact aren't. The rules dictate what content cannot be hosted. And our research found that intermediaries react to fake takedown requests too, just to avoid being liable for their users' content. This is not self-regulation, but government-mandated private censorship," said Pranesh Prakash, policy director at the Centre for Internet and Society (CIS). CIS is a Bangalore-based non-profit body looking at issues of public accountability, privacy, free expression, and openness, and has consistently argued that many parts of the IT Act are unconstitutional.

The committee also suggested that all evidence relating to foreign websites refusing to honour Indian laws should be made public and a public debate should be encouraged as the internet is a global phenomena. Recently there have been instances of issues between the Indian government and tech giants like Facebook and Google related to censorship and taking down of 'offensive' and 'defamatory' content.

While the government's stand is that Intermediary Guidelines are only "of advisory nature and self-regulation" and that "it is not mandatory for the Intermediary to disable the information," the wording of the laws suggest otherwise.

For more details visit https://cis-india.org/news/times-of-india-ishan-srivastava-march-28-2013-parliament-panel-blasts-govt-over-ambiguous-internet-laws

Department of Telecommunications Order u/s. 69A IT Act Blocking 32 URLS (2014-12-17, compressed version)

pranesh — 2014-12-31T14:48:24Z

On December 17, 2014, the Dept. of Telecommunications blocked 32 URLs (as it was ordered to do so by the by Dept. of Electronics & IT — specifically the Designated Officer under section 69A of the Information Technology Act, 2000 and under the Information Technology (Procedures and Safeguards for Blocking of Access of Information by Public) Rules, 2009), those being: 01) https://justpaste.it/ 02) http://hastebin.com 03) http://codepad.org 04) http://pastie.org 05) https://pasteeorg 06) http://paste2.org 07) http://slexy.org 08) http://paste4btc.com/ 09) http://0bin.net 10) http://www.heypasteit.com 11) http://sourceforge.net/projects/phorkie 12) http://atnsoft.com/textpaster 13) https://archive.org 14) http://www.hpage.com 15) http://www.ipage.com/ 16) http://www.webs.com/ 17) http://www.weebly.com/ 18) http://www.000webhost.com/ 19) https://www.freehosting.com 20) https://vimeo.com/ 21) http://www.dailymotion.com/ 22) http://pastebin.com 23) https://gist.github.com 24) http://www.ipaste.eu 25) https://thesnippetapp.com 26) https://snipt.net 27) http://tny.ct (Tinypaste) 28) https://github.com (gist-it) 29) http://snipplr.com/ 30) http://termbin.com 31) http://www.snippetsource.net 32) https://cryptbin.com

For more details visit https://cis-india.org/internet-governance/resources/2014-12-17_DoT-32-URL-Block-Order_compressed.pdf

Department of Telecommunications Order u/s. 69A IT Act Blocking 32 URLS (2014-12-17, plaintext version)

pranesh — 2014-12-31T15:21:21Z

For more details visit https://cis-india.org/internet-governance/resources/2014-12-17_DoT-32-URL-Block-Order.txt

Internet users fume as govt blocks 32 sites

praskrishna — 2015-01-02T13:46:25Z

The Department of Telecommunications (DoT) has ordered Internet service providers to block 32 websites, in cluding popular video-sharing plat forms such as Dailymotion and Vimeo, reportedly over concerns that they are being misused by Islamic State jihadists.

The article by Jaison Lewis was published in Mumbai Mirror on January 1, 2015. Pranesh Prakash gave his inputs.

The ban has angered free-speech proponents who allege that the Narendra Modi government is using national security as a pretext to censor online content. On Wednesday, tweets criticising the restrictions were trending on #GOIBlocks. Senior lawyer Karuna Nandy said that she would challenge the DoT order in the Supreme Court.

Apart from Dailymotion and Vimeo, Internet service providers have also been ordered to block Github and Pastebin, which are popular among programmers; Weebly, a free website creator; and Archive.org, a non-profit digital library.

Some Internet users, however, were able to access some of the sites. This could be because their Internet service providers have not yet implemented the DoT order or because the government has lifted restrictions on some web addresses, according to activists monitoring the blockage of the websites.

The order was issued under Section 69A (procedure for blocking public access) of the Information Technology Act, 2000. The section allows authorities to block websites without giving any formal reason or making any public announcement.

However, Arvind Gupta, BJP's national head for information and technology, tweeted that the sites had been blocked over security concerns. "The Web sites have been blocked based on an advisory by Anti-Terrorism Squad, and were carrying Anti India content from ISIS.The sites that have removed objectionable content andor cooperated with the ongoing investigations, are being unblocked," he wrote.

Gupta, however, did not explain how the sites were being misused by terrorists. Some of the sites are mostly frequented by programmers looking for open-source software and codes.

Nandy, a Supreme Court lawyer who specialises in human rights litigations, criticised the ban. "I will challenge the order in the Su preme Court this week. I will seek directions to lift the secrecy surrounding such bans and also request for a right to appeal," she said.

She added that censoring the Internet was against the idea of free expression guaranteed under the Constitution. "Such steps are not good for a healthy society," she said.

Pranesh Prakash, a policy director with the Centre for Internet and Society and one of the most vocal opponents of the blockage, said that the people had the right to know why the websites had been blocked.

"We still don't know why these blocks were issued: was it an overzealous copyright lawyer who found an indulgent judge to issue an overbroad and baseless order? Or was it a public servant who wrongly directed the Department of Electronics and IT to block the sites under the IT Act? We have no idea," said Prakash, who tweeted a picture of the DoT order on Wednesday.

He added that websites were frequently blocked without clear evidence of wrongdoing. "These laws must be changed," Prakash said.

Internet users also voiced their anger over the DoT order. "This only proves ATS is an idiot. If terrorists use buses, phones & Whatspp, you'll block whole system? #GOIBlocks," Poonam Sharma tweeted.

Some users retweeted a Modi post from August 2012: "As a common man, I join the protest against crackdown on freedom of speech!"

For more details visit https://cis-india.org/internet-governance/news/mumbai-mirror-jaison-lewis-jan-1-2015-internet-users-fume-as-govt-blocks-32-sites

Centre blocks 32 websites for security reasons, restores some later

praskrishna — 2015-01-02T14:13:03Z

The Centre on Wednesday asked Internet Service Providers (ISP) to block 32 websites citing national security concerns, especially from terror group ISIS.

The article by S. Ronendra Singh was published in the Hindu Businessline on December 31, 2014. Pranesh Prakash gave his inputs.

The move created a flutter on social networking sites, as most of the Web sites, such as archive.org, vimeo.com, github.com, pastebin.com, codepad.org and paste2.org, were being used by global communities like application developers for free movies and books, coders and text sharing.

By late evening, some sites were restored.

Sources in the Ministry of Telecommunications and Information Technology confirmed the development and told BusinessLine: “It was based on some national security issues, and we cannot compromise with our nation’s security….”

A senior official from the Department of Telecommunications (DoT) said the directive had come from a Mumbai court after the Maharashtra Anti-Terrorism Squad (ATS) had approached it to block some Web sites carrying anti-India content.

The matter came to light after a circular, purportedly sent by DoT to ISPs, showed up on social networking sites, listing the sites, along with some screen shots. Incidentally, the said circular had edited out the letter head, date and the signature below. The ruling Bharatiya Janata Party’s IT cell head, Arvind Gupta, tweeted saying ‘the Web sites that have been blocked were based on an advisory by the Anti-Terrorism Squad, and were carrying anti-India content from ISIS’.

However, later in the evening, Gupta, in his tweet said, some of the Web sites such as vimeo.com have been restored because they have removed ‘objectionable content and/or cooperated with the on going investigations’.

However, the blocked Web sites raised a furore in the social media wherein people said the Government should amend the laws than do such things.

“The problem isn’t just about the specific sites that are blocked; the problem is always about the bad law + process relating to #GoIBlocks,” Pranesh Prakash, Policy Director at Centre for Internet and Society tweeted. He said the 69A Rules (of the IT Act 2000) does not allow for transparency, accountability and time-limits on blocks, so it is easily misused by the Government, the courts and individuals.

For more details visit https://cis-india.org/internet-governance/news/the-hindu-businessline-december-31-2015-s-ronendra-singh-

DoT Reportedly Orders Blocking of 32 Websites Including GitHub, Archive.org, SourceForge

praskrishna — 2015-01-02T14:51:39Z

Many users on Twitter are claiming that several websites, including many software development resources such as GitHub and SourceForge, along with research resources like the Internet Archive have all been blocked on order of the Department of Telecom.

The story was published in NDTV on December 31, 2014. Pranesh Prakash gave his inputs.

A letter circulating online shows a list of 32 URLs that ISPs have reportedly been ordered to block, with most of these URLs being entire websites, instead of specific webpages that's usually been the case with such blocks in the past.

We tried to verify the users' claims, but on both our office broadband network, and also on Airtel and Vodafone 3G networks, all the sites were opening properly at the time of writing. Interestingly, many of the sites failed the load at the first try, but simply hitting refresh once solved the problem.

This does not mean that blocking is not happening - it is possible that the order has been sent recently, and will take some time to be fully implemented. Here is the email which purportedly shows the list of the 32 blocked URLs, as posted by Pranesh Prakash, Policy Director of the Center for Inernet and Society:

No information is available at present to confirm if blocking is truly happening, or why, but we are trying to ascertain the exact details and will update this story with the information as soon as possible.

However, there is some partial confirmation because both Pastebin and the Internet Archive have tweeted about blocking from India.

Such blocks in the past have been due to John Doe orders but the fact it is targeting software development sites like Github and Sourceforge is strange - the John Doe orders have specifically been used to block piracy of films, and blocking off sites that have no connection to movies makes no sense.

Arvind Gupta, the National Head of the BJP IT cell also took to Twitter, stating that these websites were being blocked for security reasons, based on the advice of the Anti-Terrorism Squad. According to Gupta's Tweets, the sites were being unblocked as soon as they removed "objectionable materials", allegedly related to ISIS.

It's extremely unusual that a government decision is being communicated by a political party official - if the Department of Telecom is blocking sites, then it should be the one to communicate and clarify these events. However, so far, it has not issued any statements, and neither has the IT Ministry.

For more details visit https://cis-india.org/internet-governance/news/ndtv-december-31-2014-dot-reportedly-orders-blocking-of-32-websites-including-github-archiveorg-sourceforge

Vimeo, DailyMotion, Pastebin Among Sites Blocked In India For 'Anti-India' Content From ISIS

praskrishna — 2015-01-02T16:43:20Z

The Indian government has convinced ISPs to block dozens of popular websites accused of hosting “anti-India” content posted by members of the Islamic State group, also known as ISIS or ISIL.

The story was published by IB Times on December 31. Pranesh Prakash is quoted.

GitHub, Pastebin, as well as the video sites Vimeo and DailyMotion were among those rendered inaccessible to many of India’s nearly 250 million Internet users.

The text repository Pastebin first tweeted on Dec. 19 that it had been blocked, confirming on Dec. 26 that the blockade was at the behest of India’s Department of Telecom. Pranesh Prakash, the policy director at the Center for Internet and Society in Bangalore, posted a list of the blocked sites Wednesday. Notice the list was issued Dec. 17.

Insane! Govt orders blocking of 32 websites including @internetarchive @vimeo @github @pastebin #censorship #FoEx pic.twitter.com/F75ngSGohJ

â€” Pranesh Prakash (@pranesh_prakash) December 31, 2014

Hours later Arvind Gupta, the national head of information technology at India’s Bharatiya Janata Party, confirmed on Twitter that a block had indeed been put in place. Other than referencing “ongoing investigations,” Gupta did not provide specific details on the type of threats being made.

The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. 1/2

â€” Arvind Gupta (@buzzindelhi) December 31, 2014

The sites that have removed objectionable content and/or cooperated with the on going investigations, are being unblocked. 2/2

â€” Arvind Gupta (@buzzindelhi) December 31, 2014

The move comes after it was discovered that the operator of a prominent pro-ISIS Twitter account was based in Bangalore. Mehdi Masroor Biswas, 24, was arrested earlier this month after a Channel 4 News investigation determined he was behind @ShamiWitness, an account with more than 17,700 followers and 2 million tweets seen each month.

Indian Prime Minister Narendra Modi unveiled the “Make in India” campaign earlier this year in an attempt to encourage international businesses to invest in India. The campaign specifically mentions information technology as a sector in which India wishes to improve.

For more details visit https://cis-india.org/internet-governance/news/ib-times-jeff-stone-december-31-2014-sites-blocked-in-india-for-anti-india-content-from-isis

Indian Government still blocks 20+ websites – Indian Censorship on Internet

praskrishna — 2015-01-03T03:47:16Z

Indian Government has blocked 20+ major websites to counter ISIS propaganda. The government has removed blocking of github.com, vimeo.com and other 10+ websites blocked till December 31, 2014.

The article was published in the Times of Assam on January 2, 2015. Pranesh Prakash is quoted.

A confidential department of telecom order – dated December 17, 2014 – instructing all internet service licensees to block the websites appeared online on Wednesday.

When contacted to verify the news, Dr Gulshan Rai – Director of the Indian Computer Emergency Response Team (CERT-In) – told, the directions had been issued to internet service providers following a Mumbai Additional Chief metropolitan magistrate’s November order directing the government’s Department of Electronics and Information Technology (DeitY) to implement the same.

Pranesh Prakash – Policy Director at Bengaluru-based Center for Internet and Society – questioned the lack of transparency around the practice of blocking websites under the Indian law. “Qn for govt: Why does the law require secrecy of web blocking orders when it doesn’t allow such secrecy for books, films? #GoIBlocks,” he tweeted, adding, “The 69A Rules don’t allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals.” The websites were blocked under section 69 A of the IT Act, 2000 and the IT (Procedure and sdafeguards for Blocking of Access of Information by Public) rules, 2009.

Currently, the Supreme Court is in the middle of hearing a clutch of petitions challenging several IT Act provisions, including blocking and takedown of websites.

For more details visit https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet

Section 66A not for curbing freedom of speech, govt says

praskrishna — 2015-02-05T13:59:12Z

Section designed to fight cybercrime and protect the right to life, central government tells Supreme Court.

The article by Akansha Seth and Apoorva was published in Livemint on February 3, 2015. Sunil Abraham gave his inputs.

The central government on Tuesday clarified to the Supreme Court that penal provisions of the Information Technology (IT) Act, 2000, were not intended to curb freedom of speech.

Instead, the controversial Section 66A of the IT Act, challenged in the apex court, is designed to fight cybercrime and has nothing to do with any citizen’s freedom of speech and expression, the government said, adding that these provisions seek to protect the right to life of Indian citizens.

The government’s clarification, made in a written submission to the Supreme Court, is significant because the argument made so far in the court by opponents of the controversial section is that they are misused to curb freedom of expression.

The penal provisions deal with online criminal offences like phishing, vishing (voice phishing), spoofing, spamming, and spreading viruses that have a serious potential to not only damage and destroy the computer system of an individual citizen but also bring the functioning of vital organizations and, in extreme cases, even the country to a standstill.

The stand of the government is interesting because it comes on a petition filed when police arrested a 21-year-old girl for questioning on Facebook Mumbai’s shutdown after Shiv Sena leader Bal Thackeray’s funeral in 2012. Another girl who “liked” the comment was also arrested. Last May, five students were detained by police for spreading an anti-Narendra Modi photo on WhatsApp.

“If 66A, as the government argues does not set any additional limits on freedom of speech and expression, then it is wholly unnecessary, serves no purpose and should be struck down by the honourable court. After all it has never been used to tackle the problem of spam which was the original intent,” said Sunil Abraham, executive director, Centre for Internet and Society, a Bengaluru-based think tank.

The central government has clarified that the phrases annoyance, inconvenience, danger, or obstruction as used in Section 66A have no correlation or connection with any citizen’s freedom of speech and expression. Consequently, if as a result of a citizen exercising his or her freedom of speech and expression, annoyance, inconvenience, danger or obstruction is caused while sending anything by way of a computer resource or a communication device, it will not be a penal offence under section 66A.

The government has also argued that if an individual chooses to misuse the provision for a purpose for which it is not intended or resorts to the expressions inconvenience or annoyance in a casual manner, it would be a case of abuse of the process of law. However, it would not be a ground for declaring the provisions unconstitutional if they are otherwise found to be constitutional.

Additional solicitor general Tushar Mehta, appearing for the central government, argued that no one can file a criminal complaint on grounds that they received an information that caused annoyance, inconvenience, etc.—grounds mentioned under section 66A.

Mehta also suggested that the court could come up with guidelines on how to interpret the section, or such regulations could be framed under section 89 of the IT Act which empowers the controller to make regulations to carry out the purposes of the Act, in consistency with it, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the central government.

Mehta argued that authoritative discretion was required because a precise and concise definition of grossly offensive or menacing character—terms used in section 66A—was not possible. “Nobody can allege that they are annoyed by the exercise of someone’s freedom of speech,” he added.

Gaurav Mishra contributed to this story.

For more details visit https://cis-india.org/internet-governance/news/livemint-akansha-seth-apoorva-livemint-feb-3-2015-section-66a-not-for-curbing-freedom-of-speech-govt-says

Indian Netizens Criticize Online Censorship of ‘Jihadi’ Content

subha — 2015-02-10T02:43:17Z

The article on online censorship by Subhashish Panigrahi was published in Global Voices on January 6, 2015.

Click to view the article on Global Voices here.

Indian Netizens Criticize Online Censorship of ‘Jihadi’ Content · Global Voices


Mock-up of a blocked URL (Image: Subhashish Panigrahi, CC-by-SA 3.0)

The Government of India in the last week of 2014 asked Internet service providers (ISPs) to block 32 websites including code repository Github, video streaming sites Vimeo and Dailymotion, online archive Internet Archive, free software hosting site Sourceforge and many other websites on the basis of hosting anti-India content from the violent extremist group known as ISIS.

The blanket block on many resourceful sites has been heavily criticized on social media and blogs by reviving the hashtag #GoIblocks that evolved in the past against internet censorship by the government.

Nikhil Pahwa at MediaNama notes that this time many ISPs published the list of the blocked sites:

Typically, users are not informed about which websites are blocked, so this was a welcome move from the ISP.

“Say No to Censorship. #GOIBlocks” (taken from Facebook page of Free Software Foundation, Tamil Nadu)

In 2012, opposition party leader Narendra Modi (who is now India's Prime Minister) tweeted against the URL blocks by the earlier ruling of India's National Congress when then-Minister of Communications and Information Technology Kapil Sibal ordered to block 300 websites. Many eyebrows were raised when Modi repeated the move this time around.

Internet censorship in India has been increasingly prominent since 1999 when Pakistani newspaper Dawn was blocked by the Videsh Sanchar Nigam Limited for post-Kargil War views against India. These caught heavy criticism from netizens, often under the hashtag #IdiotKapilSibal. Since then there have been many instances of government-mediated censorship, particularly with the enactment of India's Information Technology Act of 2000.

Arvind Gupta, head of Information Technology for India's ruling Bharatiya Janata Party, tweeted to clarify that the sites were blocked as advised by the Anti-Terrorism Squad.

Arvind Gupta ✔ @buzzindelhi
Follow

The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. 1/2

3:11 PM - 31 Dec 2014

362 Retweets 82 favorites

After agreeing to remove anti-India content posted by accounts that appeared to have some association with ISIS, weebly.com, vimeo.com, Pastebin, dailymotion.com and gist.github.com were unblocked.

These websites have undertaken not to allow pasting of such propaganda information on their website and also work with the government to remove such material as per the compliance with the laws of land.

- Ministry of Communications and Information Technology, Government of India (posted in Business Standard)

Arvind Gupta ✔ @buzzindelhi
Follow

Action has been initiated to unblock -- http://weebly.com , http://vimeo.com , http://dailymotion.com and (1/2)

12:36 AM - 1 Jan 2015

63 Retweets 25 favorites

Arvind Gupta ✔ @buzzindelhi

gist.github.com :: http://wap.business-standard.com/article/news-ians/government-decides-to-unblock-four-websites-out-of-32-114123101162_1.html … (2/2)

12:36 AM - 1 Jan 2015

39 Retweets 12 favorites

For more details visit https://cis-india.org/internet-governance/blog/global-voices-january-6-2015-subhashish-panigrahi-indian-netizens-criticize-online-censorship-of-jihadi-content

No more 66A!

geetha — 2015-03-26T02:01:31Z

In a landmark decision, the Supreme Court has struck down Section 66A. Today was a great day for freedom of speech on the Internet! When Section 66A was in operation, if you made a statement that led to offence, you could be prosecuted. We are an offence-friendly nation, judging by media reports in the last year. It was a year of book-bans, website blocking and takedown requests. Facebook’s Transparency Report showed that next to the US, India made the most requests for information about user accounts. A complaint under Section 66A would be a ground for such requests.

Section 66A hung like a sword in the middle: Shaheen Dhada was arrested in Maharashtra for observing that Bal Thackeray’s funeral shut down the city, Devu Chodankar in Goa and Syed Waqar in Karnataka were arrested for making posts about Narendra Modi, and a Puducherry man was arrested for criticizing P. Chidambaram’s son. The law was vague and so widely worded that it was prone to misuse, and was in fact being misused.

Today, the Supreme Court struck down Section 66A in its judgment on a set of petitions heard together last year and earlier this year. Stating that the law is vague, the bench comprising Chelameshwar and Nariman, JJ. held that while restrictions on free speech are constitutional insofar as they are in line with Article 19(2) of the Constitution. Section 66A, they held, does not meet this test: The central protection of free speech is the freedom to make statements that “offend, shock or disturb”, and Section 66A is an unconstitutional curtailment of these freedoms. To cross the threshold of constitutional limitation, the impugned speech must be of such a nature that it incites violence or is an exhortation to violence. Section 66A, by being extremely vague and broad, does not meet this threshold. These are, of course, drawn from news reports of the judgment; the judgment is not available yet.

Reports also say that Section 79(3)(b) has been read down. Previously, any private individual or entity, and the government and its departments could request intermediaries to take down a website, without a court order. If the intermediaries did not comply, they would lose immunity under Section 79. The Supreme Court judgment states that both in Rule 3(4) of the Intermediaries Guidelines and in Section 79(3)(b), the "actual knowledge of the court order or government notification" is necessary before website takedowns can be effected. In effect, this mean that intermediaries need not act upon private notices under Section 79, while they can act upon them if they choose. This stops intermediaries from standing judge over what constitutes an unlawful act. If they choose not to take down content after receiving a private notice, they will not lose immunity under Section 79.

Section 69A, the website blocking procedure, has been left intact by the Court, despite infirmities such as a lack of judicial review and non-transparent operation. More updates when the judgment is made available.

For more details visit https://cis-india.org/internet-governance/blog/no-more-66a

‘A safe Internet and a free Internet can co-exist’

praskrishna — 2015-03-25T15:58:02Z

Striking down of 66A kicked off celebrations in the IT capital.

The article was published in the Hindu on March 25, 2015. Sunil Abraham is quoted.

Social media was celebrating on Tuesday. “Such a party going on on Twitter today #66A!” said one exuberant user, while another put a rap on it: “Made an FB post and didn’t go to jail. I gotta say today was a good day.” Another group was quick to point though: “Enjoy the freedom “responsibly!"

The day the Supreme Court struck down Section 66A of the Information Technology (IT) Act, those who had consistently termed it a “tyrannical” and “draconian” legal provision did a victory lap, calling it a “triumph for free speech in India”. Bengaluru, often called the information technology capital of the country, can stake claim for some of the legwork, with many from the city having either campaigned for the cause or took part in the PIL.

MP Rajeev Chandrasekhar, one of the litigants, said, “A free and fair Internet is crucial for innovation, connection and economic growth. By repealing section 66A, India is now ready for a technological leap. A safe Internet and a free Internet can co-exist, and the government should now draft carefully worded amendments that enable this co-existence.”

Stating that the Section was more your foe than a friend, cyber law expert Pavan Duggal said, “Section 66A symbolised the tyranny of ambiguous vague terms over the purity of legitimate free speech. It represented a tool for suppressing bonafide free speech, which was extensively misused. Freedom of speech and expression on the Internet is sacrosanct and only subject to reasonable restrictions given under Article 19(2) of the Constitution of India.”

Intermediaries

Sunil Abraham, Executive Director of the Centre for Internet and Society (CIS), said there were other positives in the landmark judgement.

“For the first time since the 1960s, the SC has struck down a section of law deeming it unconstitutional. Section 79 gave an adjudicatory position to intermediaries (such as Facebook, Twitter or bloggers). They were liable if they took the wrong decision or if they did not act on ‘take down’ requests within 36 hours. Now they are immune either way,” he explained. He said small-time bloggers, newspapers, and open source encyclopaedia, such as Wikipedia, will now be protected.

‘Retain spirit of Section 66A(b)’

K.V. Aditya Bharadwaj

Bengaluru: While even cops handling cyber crimes have welcomed scrapping sub-sections (a) and (c) of Section 66A of IT Act, 2000, they make a case for retaining the spirit of sub-section (b) in an amended law expected to be brought in shortly.

Section 66A(b) deals with a person sending out messages using electronic medium, which he knows to be false. It was under this provision that cops booked rumour-mongers who spread hatred messages through WhatsApp and other social media, which was scrapped.

A classic case was the one were two men were arrested for sending out provocative WhatsApp messages in July 2012, leading to an exodus of North-East Indians from the city. “Similar baseless WhatsApp messages led to chaos after the December 2014 Church Street blast and D.K. Ravi’s death. Even twitter was abuzz with parody profiles and fake claims made by people after the bomb blast. Rumour mongering and sending provocative messages have turned out to be a major area of concern in urban centres,” said a senior official.

An official said that in the absence of Section 66A(b), such rumour-mongers could only be booked under the Karnataka Police Act, which carries a very light punishment.

For more details visit https://cis-india.org/internet-governance/news/the-hindu-march-25-2015-a-safe-internet-and-a-free-internet-can-co-exist