Centre for Internet and Society

The Online Video Environment in India - A Survey Report

pranesh — 2011-10-03T09:31:30Z

iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.

The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological; that are specific to video in India; and that provide points of entry to a simple policy framework.

The paper is organized in the following parts:

The first chapter, THE NATIONAL CHARACTER OF INDIAN VIDEO, provides a brief historical timeline of events from the first screening of the Lumiere Brothers films in India in 1896, through the beginning of the twenty-first century. This chapter traces the traditional channels of dissemination of video content in India, and establishes the close and unique bond that the visual medium has formed with Indian society.
The second chapter, DIGITAL MEDIA AND NETWORK TRANSFORMATIONS, looks at recent media transformations like the rise of the Internet and peer-to-peer networking, the proliferation of telecommunications, and other developments which form the backbone of the emerging online video medium. Peer-to-peer and associative networking provides a new means of content circulation throughout the country.
The third chapter, MAPPING CONTENT ON THE INTERNET, traces the various types of visual content visible over these new networks, exploring case studies of videos circulating on the Internet which have raised new questions of censorship, freedom of speech, and the openness of the medium.
The fourth chapter, THE ‘OPEN VIDEO’ QUESTION, creates a judgment-based framework to assess the openness of the medium. This chapter lays out a series of questions around the broad spectrum of openness, viewed from various perspectives of access, participation, open source technology, and availability, with the intent of mapping the circumstances under which online video operates in India. Moreover, the chapter focuses on the structural limitations to video which can be addressed by policy, or even an absence of policy.

Whereas the report consciously makes an effort to explore not only transitory web videos but also films, the terms ‘video’ and ‘film’, in many parts are treated interchangeably. Although films and videos represent different traditional mediums of recording, the interest of this report in examining the ‘online video’ content in India, consists of both types of material—accessed perhaps with little distinction.

The scope of this paper is extremely broad and touches upon a wide variety of issues in India, where each area has a peculiar specificity of its situation—urban or rural, geographic, and so on. Links and references have been provided in the footnotes for background readings of these issues.

Click here to download the report. [PDF, 1.22 MB]

For more details visit https://cis-india.org/openness/online-video-environment-in-india

Silicon Plateau: Volume Two

sneha-pp — 2019-03-13T01:01:27Z

Silicon Plateau is an art project and publishing series that explores the intersection of technology, culture and society in the Indian city of Bangalore. Each volume of the series is a themed repository for research, artworks, essays and interviews that observe the ways technology permeates the urban environment and the lives of its inhabitants. This project is an attempt at creating collaborative research into art and technology, beginning by inviting an interdisciplinary group of contributors (from artists, designers and writers, to researchers, anthropologists and entrepreneurs) to participate in the making of each volume.

Download the book: Epub and PDF

Silicon Plateau Volume 2 explores the ecosystem of mobile apps and their on-demand services. The book investigates how apps and their infrastructure are impacting our relationship with the urban environment; the way we relate and communicate with each other; and the way labour is changing. It also explores our trust in these technologies, and their supposed capacity to organise things for us and make them straightforward—while, in exchange, we relentlessly feed global corporations with our GPS data and online behaviours.

The sixteen book contributors responded to a main question: what does it mean to be an app user today—as a worker, a client, or simply an observer?

The result is a collection of stories about contemporary life in Bangalore; of conversations and deliberations on how we behave, what we sense, and what we might think about when we use the services that are offered to us on demand, through just a tap on our mobile screens.

Website: siliconplateau.info

Contributors

Sunil Abraham and Aasavri Rai, Yogesh Barve, Deepa Bhasthi, Carla Duffett, Furqan Jawed, Vir Kashyap, Saudha Kasim, Qusai Kathawala, Clay Kelton, Tara Kelton, Mathangi Krishnamurthy, Sruthi Krishnan, Vandana Menon, Lucy Pawlak, Nicole Rigillo, Yashas Shetty, Mariam Suhail

Editors

Marialaura Ghidini and Tara Kelton

Publisher

Institute of Network Cultures, Amsterdam, in collaboration with the Centre for Internet and Society, India, 2018. ISBN: 978-94-92302-29-8

Book and Cover Design

Furqan Jawed and Tara Kelton

Copyediting

Aditya Pandya

Supported by

Jitu Pasricha, Bangalore; Aarti Sonawala, Singapore; and the Centre for Internet and Society, India.

Cross-posted from Institute of Network Cultures.

For more details visit https://cis-india.org/raw/silicon-plateau-volume-two

Response to the Draft National Policy on Open Standards for e-Governance

sunil — 2011-08-23T03:05:56Z

Pranesh Prakash, Programme Manager at the Centre for Internet and Society, authored a response to the draft Open Standards Policy document published by the National Informatics Centre, Department of Information Technology, Ministry of Communications and Information Technology.

The National Informatics Centre (NIC), Department of Information Technology (DIT), Ministry of Communications and Information Technology (MCIT) has recently published a Draft Policy on Open Standards for eGovernance. Members of the public have been invited to provide feedback to the document. The last date for feedback is 21st November 2008.

The Centre for Internet and Society has prepared a draft response to the draft policy. This response letter only deals with the policy document from the perspective of the global FLOSS movement. This is not meant to be comprehensive feedback to the document itself.

Institutional Co-signatories

Richard Stallman, Founder, Free Software Foundation, USA
Mishi Choudhary, Partner, Software Freedom Law Centre, USA
Dr. Alvin Marcelo, Director for Southeast Asia, International Open Source Network, the Philippines
Lawrence Liang, Founder, Alternative Law Forum, Bangalore, India
Dr. G. Nagarjuna, Chaiman, Free Software Foundation of India, Mumbai, India
Vinay Sreenivasa, Member, IT for Change, Bangalore, India

Individual Co-signatories

Shahid Akhtar, Founder, International Open Source Network, Canada
Denis Jaromil Rojo, Developer, Dyne, Netherlands
Raj Mathur, Consultant, Kandalaya, New Delhi, India
Marek Tuszynski, Founder, Tactical Technology Collective, United Kingdom

Text

Dear Sir or Madam,

The government had done a commendable job of releasing a progressive and forward-looking policy on the usage of open standards in e-governance. Globally the European Union's Electronic Interoperability Framework (EIF) guidelines (version 2 of which is currently in the draft stage) is considered to be the gold standard as far as open standard policy is concerned. The draft National Policy on Open Standards meets all of the EIF's four open standard requirements. However, there is still some room for improvement as discussed below.

While the document talks of the standard being royalty free (4.1 and 5.1.1) and without any patent-related encumbrance (4.1), it limits those requirements "for the life time of the standard" (5.1.1), which seems a bit ambiguous and is not defined in the appendix either. It would be preferable to make it royalty-free for the lifetime of the patents (if any) as open archival material shouldn't one day (after the end of "life time of the standard", and before the expiry of the patents) suddenly be forced to become paid archives. It would be desirable to make declarations of patent non-enforcement irrevocable (as the EU EIF does), by incorporating a wording such as: "irrevocably available on a royalty-free basis, without any patent-related encumbrance".

There should also be a separate provision in the "policy statement on open standards adoption in e-governance" section of the document making explicit that there can be no restraint on use or implementation of the standard (as has been stated in the "guiding principles" section).

Perhaps when talking of specification documents (5.1.5) the words "any restrictions" could be amended to include a few examples of what the term "any restrictions" would include. The document could make explicit that it must be permissible for all to copy, distribute and use the specifications freely, without any cost or legal barriers.

Sometimes private companies can interfere with the standardisation process, the document could perhaps be more explicit regarding remedial measures that could be undertaken in the event – for example use of competition law, as in the case of the EU EIF which states: "Practices distorting the definition and evolution of open standards must be addressed immediately to protect the integrity of the standardisation process."

As it stands, the draft document addresses many notions of openness (freely accessible, at zero cost, non-discriminatory, extensible, and without any legal hindrances, thus preventing vendor lock-in), and there is much to applaud in it. It has a clear implementation mechanism, with a laudable aim of establishing a monitoring agency and an Open Source Solutions Laboratory. It is applicable not only to future e-governance initiatives, but to existing ones as well. Furthermore, it also has an in-built review mechanism, which is crucial given the rate of change of technologies and consequently of the requirements of the government. Thus, the draft policy document very clearly encourages competition and innovation in the software industry and promotes the Free and Open Source Software (FOSS) movement and industry. As researchers from UNU MERIT have pointed out, even a nominal fee for usage of a standard can lead to exclusion of open source software implementations, leading to less competition in the software industry. Thus, all in all this draft document represents a commendable effort by the Indian government towards a sustainable and robust e-governance structure based on open standards. However, a few small amendments as suggested in this letter would make it an even greater guarantor of openness.

Yours sincerely,
Sunil Abraham
Director (Policy)
Centre for Internet and Society

Please download the draft response in the format you prefer.

For more details visit https://cis-india.org/openness/publications/standards/the-response

Sarah Zia - Not knowing as pedagogy: Ride-hailing drivers in Delhi

Sarah Zia — 2020-05-19T06:35:21Z

Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Sarah Zia is the second among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project.

Originally published by the Platypus blog of CASTAC on July 18, 2019.

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

Ride-hailing [1] platforms such as Olacabs and Uber have “disrupted” public transport in India since their arrival. It has been almost seven years since app-based ride-hailing became a permanent feature of urban and peri-urban India with these aggregators operating in over a 100 Indian cities now. Akin to the global story, much has happened – there was a period of boom and novelty for passengers and drivers, then incentives fell. Ride-hailing work has become increasingly demanding with reduced payouts. But what hasn’t received enough attention (especially outside the US) is how these platforms create a deliberate regime of information invisibility and control to keep the drivers constantly on their toes which works to the companies’ advantage. What then are the implications of this uncertainty, which is fueled by app design as well as by the companies’ decision that drivers need little or no information about users? How does service delivery operate in a context where those actually delivering it have little or no idea about the workings of the system?

When algorithms make us not know

Algorithmic interactions form the core of the technology in ride-hailing apps through which service seekers and providers interact. As Lee et al. (2015) describe, “Algorithmic management allows companies to oversee myriads of workers in an optimized manner at a large scale, but its impact on human workers and work practices has been largely unexplored… Algorithmic management is one of the core innovations that enables these (cab-riding) services.”

Algorithms are procedural logics that produce different effects depending on the data they receive and the outputs they are optimized for (Wilson, 2016). Moreover, platform companies are not transparent about how their business logics contribute to these “optimizations”, which makes it difficult for all the stakeholders (passengers, drivers, police personnel, etc.) to make an accurate assessment of their functioning. This essay, then, explores how the lack of transparency around algorithmic structures not only prohibits drivers from knowing completely and surely about their work (“why did I get this ride?”, “why did my ratings drop?”) but also how they build tactics of coping and earning from a place of unknowing. Algorithms act as a regulator of work and their inherent structure constrains drivers from knowing fully about their work. Unknowing thus has two aspects: first, drivers do not have access or means to gather information; second, it is difficult to be sure of the existence of the said information in the first place.

In my research on ridehailing in the Delhi-National Capital Region (NCR), there were three things that I asked drivers about which led to ambiguous and inconsistent replies: how rides were allocated, how fares were determined and how ratings worked. While some drivers told me upfront they did not know how these systems worked, others offered explanations that they had devised or heard from somewhere else. For instance, not knowing what they will make per trip means that drivers plan their day in terms of target earnings instead of number of trips. Nearly all drivers I spoke to said they aimed to make Rs 1500-2000 (approx USD 20-25) per day in order to break even, irrespective of whether that goal requires 10 or 15 trips in a day. Yet not knowing what the next trip will earn them means they can’t refuse rides easily. Many drivers expressed discomfort about this fact, especially when compared to other means such as auto-rickshaws and traditional cabs where drop destination is known beforehand and fares can also be pre-negotiated, Unlike ride-hailing drivers, auto rickshaw drivers have the right to refuse passengers.

Many drivers now call passengers after accepting their booking to find out the destination. According to some drivers, this call also helped them understand the kind of passengers they were about to get and sometimes even allowed re-negotiation of the drop location to a mutually convenient spot if it was originally in a congested area. They also felt that assessing passengers before a trip was important so that they could act as mediators in the information gatekeeping process, because the passengers would have seen the fare already. For a driver, the lack of information added many layers of constant negotiation in a single trip—starting from the call to find out the destination to conversations during the trip to gauge potential earnings to finally suggesting alternative drop locations if there are any constraints in accessing the original destination—before they can claim their rightful earnings.

Ridehailing drivers only get the user’s name and pickup location as details about an upcoming trip. Photo by Noopur Raval.

Knowing the terms of work—such as when work ends and begins, how the good jobs are being allocated and to whom, and an explanation of one’s income—is a foundation of formal and informal work. Such information is crucial because it allows us to separate our work and personal lives. Knowledge of these obviously quantifiable parameters can help drivers plan their earnings and investments and, crucially, when they can take a break based on much more or less work they have to do in order to meet their income targets.

Furthermore, as drivers showed me, ride-hailing companies spontaneously change the revenue model for “driver-partners” (as they are called) by sending them an SMS right before the change happens, thereby altering trip and mileage targets frequently to keep a degree of unknowability in drivers’ work. This unknowability disincentivizes drivers from going off the road as per their will and helps maintain a steady supply of cabs on the road. As Alex Rosenblat has demonstrated in her study of US Uber and Lyft drivers, they are compelled to accept rides without knowing their profitability. While the app design gives them an option to “choose” to accept or reject a ride, drivers are constrained by lack of adequate information pertaining to the trip as well as the rider in making this choice. The ‘information asymmetry’, as Rosenblat calls it, also feeds into drivers’ mistrust of the companies and their policies (Rosenblat, 2018). Moreover, these feelings and the uncertainty fed by unknowing were not limited to drivers. Passengers also noticed that a ride between two points could cost different prices at different times of day and they were not sure why or how this cost was calculated.

Unknowability as a form of knowing: A pedagogy of coping

As I observed in my interactions with drivers online and offline, new drivers often struggled with the degree of uncertainty and unknowability while more experienced drivers had accepted ‘not knowing’ and the opacity of the system as features of their work.

Not knowing enough about how much will a ride earn them means drivers are forced to be on the roads, often without a break. Photo by author.

Similar to what Rosenblat, Gray et al. and others have observed in the US, in India drivers were constantly engaged in meaning-making through communicative labor, i.e., sharing their experiences with other local drivers online and offline. Agreeing, reassuring, and repeating that drivers actually do not know enough through these discussions also gave them shared confidence in their own abilities and how they were approaching work despite being firmly rooted in unknowing. For instance, when I asked one Uber driver about how ratings worked, they said that all 5-star drivers were matched with 5-star passengers. Another Uber driver said that the higher a passenger’s ratings, the less time they would have to wait for pick-up.

Other forms in which this kind of unknowing manifested was the lack of a fare chart or any minimum or uniform rating system, leaving drivers to offer their own interpretations and coping strategies. For instance, a driver pointed out how very few rides are likely to be available in a specific suburb during hot afternoons and therefore he avoided dropping passengers to that location after 2PM.

How, then, does one learn to cope with such unknowable systems as a worker? And what values does such a pedagogy of coping with algorithmic opacity imbibe? In my fieldwork, apart from answering my questions, drivers were extremely interested in talking about the companies, including news about companies’ stock value, their futures, profits, etc. A persistent rumour in the field was that Reliance, the country’s largest telecom provider, was soon coming up with a competitor ride-hailing app, suggesting that there could be an incentive boom again. In online Facebook groups, drivers often discussed company CEOs’ salaries, comparing them to their own. On the flipside, when videos of ride-hailing and food-delivery drivers getting beaten up or arrested or cheated surfaced, drivers would comment with advice on how to safeguard oneself, how to deal with errant customers and so on. I interpret these practices of making sense of long and short-term work, framed as responses to constant ambiguity and uncertainty, as the development of an “algorithmic gut”.

This gut responds to the anxieties produced by platform infrastructure through a keen awareness of the shifts, the tweaks, the changes and the errors. And it orients how drivers approach and cope with their work by acknowledging that there is a lot unknown (and unknowable) in this kind of daily work. It also guides how drivers focus on the short-term (daily) goal of making profit, such as by tuning into peer groups both online and offline where grievances are discussed, collective action planned, and floating rumours assessed. This gut is an affective, sensorial attunement to how platforms are allocating and shifting power among drivers and plays a generative role in guiding drivers’ work decisions.

Conclusion

Uncertainty is an embedded part of a ride-hailing cab’s model of service delivery. For ride-hailing drivers, this ambiguity translates into less control over everyday negotiation of work as well as planning of financial assets for the future.

In my interactions, I discovered that drivers are certain that they will never know more than the company. What this has led to is a driver who is cynical but not entirely pessimistic. Drivers acknowledge that while companies and their structures may be problematic, what will keep them employed is passengers’ appetite for a service like this. They would like to imagine the future of their work but are cognizant of the dual challenge of the present: making money while struggling for self-preservation in order to perform immediate activities. Drivers are cognizant of an ambiguous future and even hesitant to engage in long-term planning. For now, they would prefer better earnings and greater control over how they perform labour. Hence, their focus is on devising specific strategies for known, short-term challenges instead of running after an unknown future.

Endnotes

[1] Uber and homegrown Ola both started operations in India as ride-hailing services with the sharing options being added in 2015. Hence, the term ride-hailing has been used to describe these services which also includes ride sharing.

References

Davis, Jenny L. 2014. “Triangulating the Self: Identity Processes in a Connected Era.” Symbolic Interaction 37 (4): 500-523.

Dodge, Martin and Kitchin, Rob. 2005. “Codes of life: identification codes and the machine-readable world.” Environment and Planning D: Society and Space 2005 (23): 851-881

Gray, Mary L., et al. 2016. “The Crowd is a Collaborative Network.” Proceedings of the 19th ACM conference on computer-supported cooperative work & social computing. ACM, 2016.

Kitchin, Rob. 2017. “Thinking critically about and researching algorithms.” Information, Communication & Society 20 (1): 14-29.

Lee, Min Kyung, et al. 2015. “Working with Machines: The Impact of Algorithmic and Data-Driven Management on Human Workers.” Proceedings of the 33rd Annual ACM Conference on Human Factors in Computing Systems.

Rosenblat, Alex & Stark, Luke. 2016. “Algorithmic Labor and Information Asymmetries: A Case Study of Uber’s Drivers.” International Journal of Communication 10: 3758–3784.

Ruckenstein, Minna and Mika Pantzar. 2017. “Beyond the Quantified Self: Thematic exploration of a dataistic paradigm.” New Media & Society 19(3): 401-418.

Willson, Michele. 2016. “Algorithms (and the) everyday”. Information, Communication & Society 10.1080/1369118X.2016.1200645

For more details visit https://cis-india.org/raw/sarah-zia-not-knowing-as-pedagogy-ride-hailing-drivers-in-delhi

Anushree Gupta - Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing

Anushree Gupta — 2020-05-19T06:29:12Z

Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Anushree Gupta is the third among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project concerned.

Originally published by the Platypus blog of CASTAC on August, 1, 2019.

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

Mumbai, India’s financial capital, is also often considered one of the safest cities for women in India, especially in contrast with New Delhi which is infamously dubbed as the “rape capital” within the country. Sensationalised incidents of harassment, molestation and rape serve as anecdotal references and warnings to other women who dare to venture out alone even during the daytime. The Delhi government recently proposed a policy for free transport for women in public buses and metro trains with the objective of increasing women’s affordability and access and to ensure safety in public transportation. [1] Despite such measures to increase women’s visibility and claims to public utilities and spaces, women who use public transport have historically suffered groping and stalking on buses and trains, which uphold self-policing and surveillance narratives. The issue of women’s safety in India remains a priority as well as a good rhetorical claim and goal to aspire to, for public and private initiatives. Ironically, the notion of women’s safety is also advanced to increase moral policing and censure women’s access to public spaces, which also perpetuates exclusion of other marginalised citizens (Phadke 2007). Further, and crucially, whose safety is being imagined, prioritized and designed for (which class of women are central to the imagination of the safety discourse) is often a point of contention.

In this context, ridehailing services offered by Uber and Ola have come to be frequently cited as safer and more reliable options for women to traverse the cityspace, compared to overcrowded buses and trains. Their mobile applications promise accountability and traceability, enforcing safety standards by way of qualified and well-groomed drivers, SOS buttons and location-sharing features. However, it has increasingly become common knowledge that these alternatives are prone to similar, if not worse, categories of crimes against women. While reports of violence against women in cabs have mostly been outside of Mumbai, due to “platform-effects,” such incidents have widespread ramifications for drivers across the country. Cab drivers who operate via cab aggregator platforms have come under heavy scrutiny not only by the corporate and legal infrastructures of aggregator companies but also in the public eye. On the other hand, platform companies independently, and in partnership with city and state administrations, continue to launch “social impact” initiatives aimed at women’s safety as well as employment (through taxi-driving training). [2] Incidents of violence against women present jarring narratives of risk not only for female passengers but also for the platform-workers, both of whom are responsible for abiding by the constructed notions of safety for women in urban spaces.

In this post, I explore women’s presence as workers as well as passengers/customers in the ridehailing platform economy, in the context of women’s safety, situating the analysis with a focus on Mumbai. The related discourses around risk for female commuters give rise to various interventions and women-centric services through female-only cab enterprises and training more women drivers to mitigate this risk. Through these, I will think through the figure of the woman in the ridehailing economy in Mumbai and by extension in India.

Platforms in Gendered Cityscapes

Mumbai’s public transport is comprised of the local train network, BEST buses and auto rickshaws, with the metro being the newest addition to the mix. Unlike in most of India, kaali-peelis (black-yellow cabs) have been a permanent feature of Mumbai’s landscape since the 1950s and, taking a cab is not necessarily a luxury. Against this backdrop, platform companies have sought to make the claims of democratizing public transport and providing safer travel options to women in the city.

Cab drivers on ridehailing platforms in Mumbai are usually domestic male migrants or Muslim drivers from within and outside the city, who are more often than not overworked and stressed due to the falling incomes and rising debts. It is important to recognise the ‘veiled masculinities’ (Chopra 2006) which labor to service the emergent platform economy and the hierarchies of caste and class which are sustained through their labor. The incongruence between the masculinity of a working class man and the demands of the service economy (Nixon 2009) exacerbates emotional pressures in customer-facing services, which can offer an explanation for angry outbursts and conflicts between drivers and customers.

Uber’s ad on a billboard in Mumbai promises earnings of more than Rs. 1 lakh per month. Using a woman’s image illustrates the extent of their potential for transforming lives and livelihoods. Source: Drivers’ Union Telegram Group.

While Uber and Ola claim that a large number of women drivers work on their platforms, actual experiences of passengers and the male drivers I spoke to, suggested otherwise. Ironically, mass driver-training programs are seen as a quick way to make low-skilled and migrant male workers employable in Indian cities while, despite public-private partnerships to train women, it has been impossible to retain women drivers due to stereotypical perceptions of gender and persistent social stigma. [3] This made the ridehailing passenger woman (upper middle class, affording professional) a stakeholder to design for, while female drivers (but all female workers) appeared as liability for platforms.

These narratives speak directly to the construction of insecurity and risk for women (Berrington and Jones 2002) on public transport systems as they highlight vulnerabilities due to public exposure of women’s bodies. Pandering to a moral panic standpoint and creating personalised or ‘inside’ safe spaces for women to manage risk (Green and Singleton 2006), these platforms can then be imagined as a boundary-setting exercise. Access to public spaces is encouraged but it is delimited by confining the woman’s body to a singular vehicle in the custody of the cab driver. Autonomy and access afforded by the platform manages to transform women—particularly upper class and upper caste women who can afford these services—into potential customers. Their agency is bounded though by tasking the driver to ferry her across the otherwise hostile cityscape filled with ‘unfriendly bodies’ (Phadke 2013). The production of the city’s gendered space goes hand in hand with the confinement/erasure of female bodies in the public space as they embody patriarchal norms even in a city as ‘progressive’ as Mumbai. As demonstrated by studies mapping the movement of women in the city (Ranade 2007), the spatio-temporal factors lend themselves to creating gendered bodies in order to keep patriarchal norms intact. These norms, as I argue in this post, are detrimental not just to women but also other marginalised sections of the urban population, in this case platform workers.

Terms of Safety

Male drivers’ social identities as lower class, lower caste individuals do not inspire confidence in the standards of safety boasted by these companies in the eyes of their predominantly upper caste and upper class customer base. Risk to female passengers is further exaggerated due to the closed space in which the service is provided, highlighting the proximity to a potential aggressor by way of these platforms. In specific situations wherein a female passenger is inebriated or is travelling alone at night, drivers report being extra cautious and helpful towards her. Many respondents proudly mention going out of their way to make sure women get home safely, for instance, prolonging waiting time or escorting them to the entrance of their residential buildings or involving the security guard at the gate.

However, there have also been cases wherein the driver has been under scrutiny either by an overly careful passenger or by the public. One driver reported being surrounded by a crowd at a traffic signal, only to realise that he was being suspected of foul play with the female passenger who had fallen asleep on the backseat of the car. In contrast to their western counterparts, the class differences between drivers and passengers in India exacerbate doubts, fears and insecurities in India which tend to take a caste-purity angle as well. The woman’s body undergoes an exchange of custody in these instances wherein she is deemed incapable of taking care of herself and requires external assistance. Imagining a deterrence effect of ridesharing services (Park et. al 2017) reinforces the logic of guardianship and protectionism for the woman. The risk of carrying her in the vehicle in these situations is borne by the cab driver, operating under a framework of overbearing protectiveness which holds him culpable for any misgivings, assumed or otherwise.

Cautionary listicles advise women to not take a cab alone at night, carrying pepper sprays/umbrellas as tools for self-defence, refrain from conversations with drivers or talk continuously on the phone, among other things. The onus of the woman’s safety is either on the individual herself or the driver who is ferrying her. Moreover, the driver is a likely assailant whom the woman should guard against as well. Source: HelloTravel.

Notions of safety and risk are embodied in everyday interactions in urban spaces and mediated by disparate infrastructures of knowledge across distinctions of caste, class and gender. These distinctions define constraints which govern social interactions between actors of these categories. Interactions between lower caste or Muslim men and upper caste/class women are circumscribed by what Tuan (1979) describes as ‘landscapes of fear’. Be it the apprehensions about sharing a ride with a passenger of the opposite sex (Sarriera et. al 2017) or reports of gang-rapes by cab drivers, the boundaries of social conduct are laid out clearly by constructing narratives of risk and safety. The protection of the female body and her sexual safety is not her responsibility alone but that of the society as a whole. The so called preventive measures for rape and violence against women produce the dichotomies of frailty and strength (Campbell 2005) in so far as they project the woman as always at risk with the shadow of a potential assault always looming large.

When asked about interactions with women as customers or fellow drivers, drivers performed exaggerated respectability for women. The catch in these narratives however was that drivers justified and extended respect only to ‘good’ customers, where a ‘good’ woman was a certain kind of a moral actor.

Given the prevailing discontent with redressal mechanisms for workers on the platforms, it was not surprising to witness a group of drivers at the Uber Seva Kendra (help centre) in Mumbai, debating whether they should be accepting requests from any female customers at all. Drivers also had to attend mandatory training sessions for ‘good conduct’ with customers wherein they underwent behavioral correction and gender sensitisation lessons. [4] The gendering of the platform economy is baked into these instructions and trainings that reproduce male drivers as figures of safety and constant positive affect.

Gender, Safety, and Enterprise

In my fieldwork, I also came across a slew of ventures run by fleet owners and others that sought to service women passengers and employ women drivers exclusively. Claiming to fill in the gaps of inadequate vetting mechanisms in existing platforms, these alternate ventures purportedly smoothened out some anxieties by eliminating the risk of interacting with a man from different socio-economic strata. The premium charged by these companies was telling of the value of safety and affordability of these services for a large section of their intended audience, namely women with higher disposable incomes residing in metropolitan cities.

On the flipside, these enterprises encouraged women to break stereotypical perceptions about women drivers, also giving a nod to increasing and diversifying opportunities of employment for women. However, these ideas remained attractive only in principle and fizzled out sooner or later as most of these ventures did not succeed. A severe capital crunch due to unsustainable business models, limited funding options and lack of substantial supportive ecosystems for training and upkeep are possible reasons for failure. [5] Even so, the idea of a women-centric service continues to remain valuable because of the promise of safety which is produced through considerations of class, caste, gender and religion (Phadke 2005). Any alternative to avoid interaction with men from a lower class or caste background or from another religion (especially Hindu/Muslim in Mumbai) is welcome in a society which is deeply stratified and entrenched in caste-class systems of religion and economy alike.

Conclusion

The pervasiveness of the discourses of safety and risk in the ride hailing space became apparent to me during field research. Respondents indicated a heightened awareness of my gender, referring to me as “madam” and taking measures to ensure my safety. They advised me to use a separate phone to interact with drivers and moderated my interactions with drivers on the Telegram group (run by one of the Unions in Mumbai). Union representatives were also diligent in moderating the group to filter out abusive language as a token of respect for women. My apprehensions in interacting with drivers, most of whom were older men from a lower class/caste community, were also indicative of my social conditioning as an upper class and upper caste woman. Self-policing and boundary setting in both physical and virtual interactions, while necessary to some extent, were often rendered useless as the shifting of risks became apparent to me in my interactions with the drivers.

In this piece, I have tried to show how gendered norms govern the construction of safety and risk which in turn regulate social interactions. Limiting exposure in a personal cab as opposed to a public bus/train also heightens considerations of intimacy and proximity to a potential aggressor (often from a marginalised sociocultural background). Women-centric cab services mitigate this by promoting the image of the female driver who breaks social norms. However, these services dwindle till they completely disappear due to a capital crunch or insufficient infrastructural support. Patriarchal contexts reaffirm the woman as a risky object by highlighting narratives of vulnerabilities and insecurities in the ridehailing space. Besides the woman, the cab drivers are held accountable for bearing this risk and ensuring her sexual and physical safety. These patriarchal hierarchies of protectionism are sustained by platform workers’ affective labour which lubricate the wheels of the platform economy.

Endnotes

[1] https://www.thehindu.com/news/cities/Delhi/free-rides-for-women-only-the-starting-point-say-activists/article28111938.ece

[2] https://www.olacabs.com/media/in/press/ola-foundation-launches-drive-to-enable-sustainable-livelihoods-for-500000-women-by-2025

[3] https://www.buzzfeed.com/soniathomas/girl-power

[4] https://yourstory.com/2018/11/uber-gender-awareness-sensitisation-driver

[5] https://www.livemint.com/Companies/bo4534H8mOWo0oG6VQ0xbM/As-demand-for-womenonly-cab-services-grow-challenges-loom.html

References

Berrington, E. and Jones, H., 2002. Reality vs. myth: Constructions of women’s insecurity. Feminist Media Studies, 2(3), pp.307-323.

Campbell, A., 2005. Keeping the ‘lady’ safe: The regulation of femininity through crime prevention literature. Critical Criminology, 13(2), pp.119-140.

Chopra, R., 2006. Invisible men: Masculinity, sexuality, and male domestic Labor. Men and Masculinities, 9(2), pp.152-167.

Green, E. and Singleton, C., 2006. Risky bodies at leisure: Young women negotiating space and place. Sociology, 40(5), pp.853-871.

Nixon, D., 2009. I Can’t Put a Smiley Face On’: Working‐Class Masculinity, Emotional Labour and Service Work in the ‘New Economy. Gender, Work & Organization, 16(3), pp.300-322.

Park, J., Kim, J., Pang, M.S. and Lee, B., 2017. Offender or guardian? An empirical analysis of ride-sharing and sexual assault. An Empirical Analysis of Ride-Sharing and Sexual Assault (April 10, 2017). KAIST College of Business Working Paper Series, (2017-006), pp.18-010.

Phadke, S., 2005. ‘You Can Be Lonely in a Crowd’ The Production of Safety in Mumbai. Indian Journal of Gender Studies, 12(1), pp.41-62.

Phadke, S., 2007. Dangerous liaisons: Women and men: Risk and reputation in Mumbai. Economic and Political Weekly, pp.1510-1518.

Phadke, S., 2013. Unfriendly bodies, hostile cities: Reflections on loitering and gendered public space. Economic and Political Weekly, pp.50-59.

Ranade, S., 2007. The way she moves: Mapping the everyday production of gender-space. Economic and Political Weekly, pp.1519-1526.

Raval, N. and Dourish, P., 2016, February. Standing out from the crowd: Emotional labor, body labor, and temporal labor in ridesharing. In Proceedings of the 19th ACM Conference on Computer-Supported Cooperative Work & Social Computing (pp. 97-107). ACM.

Sarriera, J.M., Álvarez, G.E., Blynn, K., Alesbury, A., Scully, T. and Zhao, J., 2017. To share or not to share: Investigating the social aspects of dynamic ridesharing. Transportation Research Record, 2605(1), pp.109-117.

Tuan, Y.F., 2013. Landscapes of fear. U of Minnesota Press.

For more details visit https://cis-india.org/raw/anushree-gupta-ladies-log-women-safety-risk-transfer-ridehailing

Noopur Raval and Rajendra Jadhav - Power Chronography of Food-Delivery Work

Noopur Raval and Rajendra Jadhav — 2020-05-19T06:33:39Z

Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Noopur Raval and Rajendra Jadhav is the fourth among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC).

Originally published by the Platypus blog of CASTAC on August 15, 2019.

The ethnographic research was conducted by Rajendra and this short essay was collaboratively produced by the field researcher and Noopur (co-PI). The accompanying audio recording has been produced by Noopur.

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

This post presents the observations around the design of temporality within app-based food-delivery platforms in India. It draws on semi-structured interviews by field-researcher Rajendra and his time spent “hanging out” with food-delivery workers who are also often referred to as “hunger saviors” and “partners” in the platform ecosystem in India. Like in the earlier post by Simiran Lalvani on food-delivery workers in Mumbai, we also observed that app-based work was structured and monitored along similar lines. However, in this post, we go into a detailed description of how work-time and temporality of work are configured in order to fulfill the promises that app companies make to customers in urban India. Before such app-based services came into existence, there were some popular claims around delivery-time (“30 minutes or free pizza” by Domino’s) but the entire process of food preparation, travel and delivery had not been made as transparent and quantified in a granular way as they are now through popular apps such as Swiggy, Zomato and UberEats. While such companies exist in the other parts of the world and make the promise of “anytime work” to potential workers, as we observed during fieldwork, app-based food delivery-work is anything but flexible. People could indeed start working at any time of the day, but it had real consequences to earn a living wage. While they were free to logout or switch off their app also at their convenience, they would be constantly nudged in the form of calls by warehouse managers as well as through text messages telling them how they were missing out on earnings. It is also important to note that, in India especially, food-delivery as a standardized form of work, exists in a regulatory grey space. In that sense, there is not a lot of clarity on the maximum limit of working hours in a day and in a week. In the following sections, I provide details about how work is structured temporally in this system.

Shift-based Work

When Rajendra spoke to workers in the Delhi-NCR region, they reported that they could choose to work different kinds of shifts like part-time (8 AM – 3 PM or 7 PM – 12 AM), full-time (11 AM -11 PM) or ultra full-time (7 AM -11 PM). While workers could pick their timings or slots on weekdays, it was mandatory to work on the weekends. As mentioned earlier, while companies claimed that riders could log in and out at any time of the day, their pay depended on the number of deliveries they make and the hours they worked. But it’s not that simple. It is not just the wholly quantified units (an hour, a day) that become exigent and overbearing; it was in fact how these rules demanded high levels of alertness and care from the workers. Any kind of carelessness, not paying attention (to time, text message announcements) could be detrimental to claiming pay for the work they had done already. For instance, like a worker described, if he even logged out a minute before the end of the shift, he would lose out on his incentive. Another worker added,

If you log off even five minutes before eleven (pm), a call comes from the company and they ask you to log back in immediately.

In such cases, those managing the backend systems even make these calls to shield workers from the eventuality of losing pay and the hassle of resolving disputed payments later by simply urging and pushing workers to stay on-time and online. In that sense, there is not only an expectation of punctuality and always being-on as a desirable thing, but it is also imperative for the workers to meet these expectations while they interact with the app itself.

Sticker provided by a food-delivery platform to promote its brand. Source: Noopur Raval, author.

Time of Eating, Time of Sleeping

Typically, restaurants and food businesses in Indian cities are heavily regulated, especially in terms of closing times. While these rules differ for each city, in and around Delhi, restaurants are expected to close down by 10 pm, and those that seek to remain open for longer need special permissions. With the arrival of app-based delivery companies, the time of food production and consumption has stretched. Also, with the right kinds of permits, cloud kitchens and home-based producers are also allowed to operate through these platforms, thus making multiple food choices and cuisines available until as late as 4 am in the morning. Whose consumption needs are being serviced at these late hours is a question beyond the scope of this post, but it also means that there is opportunity/compulsion for workers to stay up late at night, making deliveries. Not surprisingly, it is also often these late-night shifts that are better incentivized, not just money-wise but also because there is less traffic at night (a constant source of stress in day-time shifts). As other studies have also noted, platform companies, especially food-delivery services that mostly engage bike and scooter riders (Lee et al. 2016) globally, enforce this cruel temporal inversion where being a service-worker in this economy also means working on others’ (customers’) time of leisure and/or comfort. Especially in Delhi, where the winters get brutally cold, ironically, the profitability of delivering hot food increases. However, it is not that straightforward. One worker Rajendra spoke to in March (springtime) explained,

I am not going to work with any of the food delivery company from April onwards because of the hot summer in Delhi, it is very difficult to ride in a day time of summer.

Temporary Work

Temporariness is the dominant temporal fate of gig-work at-large—workers in our study (food-delivery as well as ride-hailing) often insisted how gig-work was only temporary until they could become business-owners, find a better job, or fund their education and so on. However, as we observed in food-delivery work, there was also a lot of seasonal movement of workers, a reminder of the contextual, ecological and urban migration continuities that inform, support and shape who comes to the reserve force/waiting zone of gig-work. In classic labour terms, the push and pull factors that move people out of agricultural labour or other kinds of work must be studied with an eye to new forms of easy-entry jobs such as gig-work. On the other hand, there were also other considerations on time such as responsibilities and social obligations to family that made food-delivery work (fast paced, inhering a certain amount of recklessness and the willingness to put oneself at risk) less attractive to some (older men and women with a family) and more to some others (younger single men). This made us think of the way in which Sarah Sharma (2011) emphasizes temporal power over speed discourses (she offers the term ‘power-chronography’) where, the ways in which food-delivery work is temporally arranged, distributed and rewarded, privileges certain actors (the customers but also some kinds of workers) over others in the city’s labour market.

References

Lee, Do J., et al. “Delivering (in) justice: Food delivery cyclists in New York City.” Bicycle Justice and Urban Transformation. Routledge, 2016. 114-129.

Sharma, Sarah. “It changes space and time: introducing power-chronography.” Communication Matters: Materialist Approaches to Media, Mobility and Networks (2011): 66-77.

For more details visit https://cis-india.org/raw/noopur-raval-rajendra-jadhav-power-chronography-of-food-delivery-work

From Health and Harassment to Income Security and Loans, India's Gig Workers Need Support

Zothan Mawii (Tandem Research), Aayush Rathi (CIS), and Ambika Tandon (CIS) — 2020-05-19T06:57:36Z

Deemed an 'essential service' by most state governments, and thereby exempt from temporary suspension during the COVID-19 lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Zothan Mawii (Tandem Research), Aayush Rathi (CIS) and Ambika Tandon (CIS) spoke with the leaders of four workers' unions and labour researchers to identify recommended actions that public agencies and private companies may undertake to better support the urgent needs of gig workers in India.

Originally published by The Wire on April 29, 2020.

Nearly two weeks ago, news broke that a Zomato delivery worker tested positive for COVID-19 in New Delhi.

As many as 72 families in the south Delhi neighbourhood where he made deliveries have been quarantined, along with 17 other people he worked with. With the luxury of social distancing not extended to delivery workers, the incident further fuelled the apprehensions and uncertainties that they already were contending with. This was only a matter of time.

Deemed an “essential service” by most state governments, and thereby exempt from temporary suspension during the lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services including Swiggy, Zomato, BigBasket, Dunzo, Housejoy and Flipkart.

In choosing to continue operations, these companies have then rushed to enforce measures to put customers at ease. Such measures have included no-contact deliveries, card-only payments, and displaying temperature readings of workers.

Uber and Ola Cabs suspended services in most areas, and announced that in places where they are providing essential services, workers have been instructed to wear masks and observe hygiene standards.

Swiggy and Zomato announced they were communicating with workers about safety and hygiene standards. Zomato has more recently announced that the company is making the Aarogya Setu app mandatory for workers to receive orders.

Relief funds have been set up— donations to these funds continue to be solicited from the public and company executives have made grandiose gestures of contributing their salaries to these funds.

Stark reality

The situation on the ground, however, tells another story. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Workers are also bearing the brunt of arbitrary surveillance measures, like being asked to download the Aarogya Setu app, in addition to scrutiny they are placed under regularly. No such surveillance measures have been placed on customers. The priorities of on-demand service companies are clear: protect the bottom line at the expense of vulnerable workers.

In the absence of any concerted support from the companies, service workers could have looked to the state for relief. None has been forthcoming. Government action has pegged the targeting of relief works and services to those currently eligible for welfare programs and registered under its various schemes. Most gig workers, if not all, are ineligible as a result of the arbitrary conditions underlying these schemes.

We spoke to the leaders of four unions — including the Indian Federation of App-based Transport Workers (IFAT) and the Ola and Uber Drivers and Owners’ Association (OTU)– who represent gig workers across the country about the risks and vulnerabilities that they are having to contend with.

The precariousness characterising gig work could not be starker. A summary of the discussions can be found here, while the recommendations emerging from these discussions have been shared with government officials and company representatives and can be found in full here.

Below are some of the key recommendations that emerged from these discussions.

Health

Many on-demand service companies have not provided workers with any personal protective equipment (PPE), not even to delivery workers who face heightened risks of exposure to the coronavirus at nearly every step of the delivery process.

Some unions had to take to distributing masks, while many other workers continue to incur repeated costs to safeguard their own health. At a later stage, Swiggy announced that workers would be reimbursed for these purchases, but the process is so tedious that workers have found it untenable.

In addition, health awareness campaigns regarding safety measures and risks were also launched very late into the crisis, and then were not in vernacular languages and could not be comprehended by most workers.

In terms of insurance, most platforms have announced financial assistance for workers who test positive for COVID-19. This is aimed at covering their hospital expenses, as well as providing a daily stipend for a limited period. However, these come short as there are no provisions for OPD consultations or even for the cost of going and getting tested (losing one day’s work and then potentially one more before the results come in).

Additionally, the difficulty and expenses of obtaining a test could place an additional burden on workers — as without proof of a positive test, workers will be unable to access this fund in the first place. This is far from the robust health insurance that must be provisioned to ensure workers’ health and safety. Some platforms have made telemedicine services available for workers and while this is a step in the right direction, it must be backed by more tangible protections like covering part of the costs incurred for treatment.

Unions demand that companies provide adequate PPE to workers free of cost —masks, gloves, hand sanitisers, and soap. If platforms continue to ask workers to log in at significant risks to themselves and their families, provision of safety equipment is the basic minimum requirement that must be met immediately. This should also include a plan to ensure workers’ access to clean and hygienic sanitation facilities, as they may not have access to these on their delivery routes.

In addition, platforms must provide health insurance cover in addition to accident insurance coverage and hospitalisation cover for COVID-19. This should include OPD consultations.

Income security and social protection

With services suspended or demand really low, gig workers have either lost their income or seen it fall drastically — delivery workers’ daily earnings are as low as Rs 150-Rs 300 for a full day’s work.

Almost a month into the lockdown, there is little clarity as to who is eligible for the funds that companies have raised, and in what manner and or what purposes it will be disbursed.

Ola Cabs has offered interest free loans to drivers for relief in the short term, while some Uber drivers have received a Rs 3,000 grant from the company. If disbursed universally this would ensure availability of some liquidity for workers, although at this stage it remains unclear if all drivers are eligible to receive the grant.

Workers and unions are afraid that this grant might only be accessible for workers with high ratings, or those who have logged longer hours especially through the course of the lockdown period. This would effectively penalise workers for going to their homes for the lockdown, or being otherwise unable to work. Unions have estimated that not more than 20 percent of workers continue to remain active through the lockdown period.

Moreover, research has shown that workers are not necessarily aware of the protections made available to them as a result of the legalese that companies couch these terms in.

To ensure income security, platforms must make direct cash transfers to all workers who have logged in for at least two weeks between January and April 2020. This should be fixed according to minimum wage standards for skilled work in each state or at Rs 1,000 per day of the lockdown, and will have to be enforced with retrospective effect.

The former should be treated as an entitlement of workers while a portion of the latter can be asked to be repaid by the workers over the course of the next year. The fiscal responsibility for the cash transfers can be shared with governments. Governments can request the data held by these companies for the transfers.

Rent and loans

Some states have announced moratoriums on house rent but again there is no explicit mention of gig workers being included in this — and in states where such a move hasn’t been announced, gig workers must continue to pay house rent without having a source of income to rely on.

On the issue of loan repayments, the RBI allowed lending institutions to grant a three-month moratorium on retail loan repayments as a part of its COVID-19 regulatory package. On the one hand, availing of the moratorium will significantly increase the loan tenure and total amount to be repaid. On the other, several gig workers have reported that the enforcement of the moratorium itself has been piecemeal outside of public sector institutions.

Here again they have to make a Faustian bargain. The government should enforce the RBI’s directive strictly so gig workers get some relief.

Further, several companies themselves have leased vehicles to workers, for which payment of EMI must be ceased through the months of March to May to allow workers some relief without requiring the return of vehicles. Currently, EMIs have only been stalled on the condition of returning vehicles.

Harassment

Workers have been subject to harassment and discrimination by the police and customers alike, making it difficult to continue work. Despite the categorisation of delivery as an essential service, companies are finding it difficult to get easy access to movement passes in bulk, which implies that workers are penalised by being unable to work even if they are available. Companies have come out to allege harassment despite clear directions to allow movement of delivery workers, which points to gaps in enforcement.

Further, frequent barricading has implied that workers are not able to complete orders without diversions despite having passes for movement. Meanwhile, companies continue to mandate door-to-door delivery so as to ensure that customers are not inconvenienced at all. In some cases, this has implied that workers have to travel on foot in barricaded areas to deliver orders.

We recommend that companies urgently set up a helpline for workers to address such issues that may arise in delivery. We also recommend that companies proactively work with the government to map hotspots and containment zones and cease delivery in such areas. Thus far, there is no indication of any such measures by companies.

Post-lockdown revival

The lockdown brings to the fore just how vulnerable gig workers are.

This is a direct consequence of the gig work arrangements structured as disguised employment. Deeming workers as independent contractors and self-identifying as technology providers, on-demand service companies have washed their hands of the responsibility of providing labour protections and social security measures despite exerting extensive control over the conditions of work (such as wages, incentives) and the manner of its dispensing (such as the standard of work, hours of work).

Governments, too, have done little to recognise gig workers although they have been added as a category of workers in the draft Social Security code. Relief measures announced by the government exclude them. However, the government needs to intervene urgently in the current situation.

Platforms are likely to recover once the lockdown is lifted —home delivery services like BigBasket and Grofers have already seen their businesses skyrocket.

However, there is an urgent need to rebuild on-demand work as one that isn’t merely in the service of capital. A first step to that would be to reduce commissions to 5% for at least 6 months so that workers can recover financially. The unencumbered spending to capture market share at the expense of workers needs to be curbed. Enforcing these recommendations will require a coordinated effort between governments and on-demand service companies. As consumers, it is also our responsibility to question companies that do not take on the moral responsibilities of extending adequate worker protections.

With unemployment in the country skyrocketing, it may be the case that on-demand work opens up avenues to securing work. It then becomes imperative to ensure any future of work is one that is inclusive and accounts for the systemic changes that are now impossible to ignore.

While social distancing is a choice truly available to a privileged few, we need to ensure that social protection isn’t.

For more details visit https://cis-india.org/raw/gig-workers-need-support

Big Data and Reproductive Health in India: A Case Study of the Mother and Child Tracking System

ambika — 2019-12-06T04:57:55Z

In this case study undertaken as part of the Big Data for Development (BD4D) network, Ambika Tandon evaluates the Mother and Child Tracking System (MCTS) as data-driven initiative in reproductive health at the national level in India. The study also assesses the potential of MCTS to contribute towards the big data landscape on reproductive health in the country, as the Indian state’s imagination of health informatics moves towards big data.

Case study: Download (PDF)

Introduction

The reproductive health information ecosystem in India comprises of a range of different databases across state and national levels. These collect data through a combination of manual and digital tools. Two national-level databases have been launched by the Ministry of Health and Family Welfare - the Health Management Information System (HMIS) in 2008, and the MCTS in 2009. 4 The MCTS focuses on collecting data on maternal and child health. It was instituted due to reported gaps in the HMIS, which records monthly data across health programmes including reproductive health. There are several other state-level initiatives on reproductive health data that have either been subsumed into, or run in parallel with, the MCTS.

With this case study, we aim to evaluate the MCTS as data-driven initiative in reproductive health at the national level. It will also assess its potential to contribute towards the big data landscape on reproductive health in the country, as the Indian state’s imagination of health informatics moves towards big data. The methodology for the case study involved a desk-based review of existing literature on the use of health information systems globally, as well as analysis of government reports, journal articles, media coverage, policy documents, and other material on the MCTS.

The first section of this report details the theoretical framing of the case study, drawing on the feminist critique of reproductive data systems. The second section maps the current landscape of reproductive health data produced by the state in India, with a focus on data flows, and barriers to data collection and analysis at the local and national level. The case of abortion data is used to further the argument of flawed data collection systems at the national level. Section three briefly discusses the state’s imagination of reproductive health policy and the role of data systems through a discussion on the National Health Policy, 2017 and the National Health Stack, 2018. Finally, we make some policy recommendations and identify directions for future research, taking into account the ongoing shift towards big data globally to democratise reproductive healthcare.

For more details visit https://cis-india.org/raw/big-data-reproductive-health-india-mcts

Porn: Law, Video, Technology

Namita A Malhotra — 2015-04-14T12:43:14Z

Namita Malhotra’s monograph on Pornography and Pleasure is possibly the first Indian reflection and review of its kind. It draws aside the purdah that pornography has become – the forbidden object as well as the thing that prevents you from looking at it – and fingers its constituent threads and textures.

This monograph is not so much about a cultural product called porn as it is a meditation on visuality and seeing, the construction and experience of gazing, technology and bodies in the law, modern myths, the interactions between human and filmic bodies. And technology not necessarily as objects and devices that make pornography possible (but that too), but as history and evolution, process and method, and what this brings to understanding what pornography is.

Namita’s approach brings film studies, technology studies, critical theory, philosophy, literature and legal studies into a document that reads as part literature review, part analysis, going deep, as a monograph should. Reading through this I was struck by the ways of seeing and writing, that a subject like pornography demands – and allows for. I found the structure of the entire piece well conceived, akin to 3D models of spirals rather than linear, much like the experience of watching itself, perhaps. Personally, I know I’m going to keep going back to this monograph for its rich references as much as for how Malhotra examines visual (con)texts across multiple disciplines. And, far from being a distant academic paper, I see how Namita has worked in and been informed by her own fond appreciation of diverse texts with useful and unusual departures into literature and philosophy.

The emphasis on amateur pornography is critical considering the pandemic of hysterical blindness that afflicts public conversations in India around this phenomenon in particular, and the Obscene more generally. A line from the monograph ‘pornography does ideological work’ stands out for me, as Namita shows how it (the monograph, amateur porn, pornography) effectively slices through the careful fabrications called Nation, Culture and Justice in particular; and also in terms of how porn constitutes particular kinds of knowing, speech and experience that reflect on the status quo of politics and of seeing/visuality. The deep engagement with the Mysore Mallige movie/case is an interesting and tender one, perhaps one of the first such in-depth analyses, and a great example of how amateur porn works and what it means.

Considering the appalling lack of insight in responding to the Obscene and the Pornographic, the messy rhetoric and outrage that result when the Pornographic is made public, when the law acts on the visual, on technology, Namita’s analysis is a sharp lens that provides much-needed rejoinders. The sections dealing with these kinds of past events – the moment of public outrage around the revelation of a piece of porn, it’s journey of creation and circulation, the public and institutional esponses to it, are really excellent analyses of a particular kind of moment in contemporary Indian society that have become (to my mind) increasingly difficult to talk about.

There can only be more sharing of this document, perhaps re-purposed, in parts, to become more accessible to communities engaged with commenting, acting and responding to the Obscene, the Visual and the Law (I say this from a perspective of utility and instrumentality that “activism” necessarily deploys, but within what is possible for cannibalisation. Also, because people don’t read) because there just isn’t enough thoughtful work on pornography in the current climate.

The monograph moves to examining the ‘being’ of the pornographic artifact as a digital image and how and why it, especially “video pornography provides a new model for relating to the mass-produced, one in which the body’s susceptibility constitutes both a yielding and a resistance to the hypnotic seduction of the image.”

I find this quote tantalising for it offers a critical perspective on pornography as a challenging politics rather than as ‘merely’ text, which is what this monograph attempts to do. To take this further and to explore the response between the visual and the human, the “something that takes place between the text and the person watching”, could be to move towards reception studies and studies of the experiencing of porn either as star/creator, fan or audience. There are fascinating possibilities here for inventive methodologies and formats in which this could be done, montage-ing academic text with visual ethnographies, online aggregation and collation of visual data and experiences, and so on. This next stage could be exciting in how it could really engage with the body of porn and its people.

Introduction by Maya Ganesh

Download the monograph here [PDF, 3.73 MB]

For more details visit https://cis-india.org/raw/histories-of-the-internet/porn-law-video-technology

e-Accessibility Policy Handbook for Persons with Disabilities (Russian Version)

praskrishna — 2012-04-26T10:04:08Z

The e-Accessibility Policy Handbook for Persons with Disabilities is based upon the online ITU-G3ict e-Accessibility Policy Toolkit for Persons with Disabilities (www.e-accessibilitytoolkit.org) which was released in February 2010. This is the Russian translation of the same.

The Toolkit and its companion handbook have contributions from more than 60 experts around the world on ICT accessibility and is a most valuable addition to policy makers and regulators, advocacy and research organisations and persons with disabilities on the implementation of the ICT dispositions of the CRPD.

The handbook is a joint publication of ITU, G3ict and the Centre for Internet and Society, in cooperation with The Hans Foundation. The book is compiled and edited by Nirmita Narasimhan. Preface by Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union. Introduction by Dr. Sami Al-Basheer, Director, ITU-D. Foreword by Axel Leblois, Executive Director, G3ict.

UNIC Moscow (United Nations Information Centre - Moscow) has translated the English version of the kit to Russian. For more information on the translation initiative by UNIC Moscow, click here.

Download the Russian version here (PDF, 1045 kb)

For more details visit https://cis-india.org/accessibility/e-accessibility-kit-in-russian

Web Accessibility Policy Making: An International Perspective – A G3ict White Paper

radha — 2011-10-19T10:37:07Z

G3ict Publishes International Survey of Web Accessibility Policies White Paper by the Centre for Internet & Society, Bangalore, India

With 143 countries having signed the Convention, and 74 ratified it as of today, web accessibility policy making is fast becoming a leading area of concern for governments, disabled persons organizations and organizations operating web sites for the public.

In this timely White Paper, Nirmita Narasimhan, Program Manager at the Centre for Internet & Society (CIS) in Bangalore, India, provides a very valuable overview of the early policies and programs adopted by a selection of 15 ratifying countries. Packed with references and useful links, the contents of this White Paper will also be made available in the upcoming ITU-G3ict Toolkit for Policy Makers.

Link to the Press Release

Click here to download the White Paper

We would like to thank the following people who have helped preparing this White paper:

Prashanth Ramdas, Asma Tajuddin, G. Aravind ,Katie Reisner, Sucharita Narasimhan, Bama Balakrishnan, Nirmita Narasimhan

Expert Reviewers:
Axel Leblois, Donal Rice, Immaculada Placienca Porrero, Kevin Carey, Licia Sbarella, Sunil Abraham

For more details visit https://cis-india.org/accessibility/blog/g3ict-white-paper

e-Accessibility Policy Handbook for Persons with Disabilities

nirmita — 2013-07-30T08:29:06Z

The Centre for Internet and Society is proud to announce the launch of its first publication, the “e-Accessibility Policy Handbook for Persons with Disabilities" in collaboration with the G3ict (Global Initiative for Inclusive Information Communication Technologies) and ITU (International Telecommunications Union), and sponsored by the Hans Foundation. The handbook is compiled and edited by Nirmita Narasimhan. Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union has written the preface, Dr. Sami Al-Basheer, Director, ITU-D has written the introduction and Axel Leblois, Executive Director, G3ict has written the foreword.

The book is based on the online e-accessibility toolkit for policy makers (www.e-accessibilitytoolkit.org) which was released by G3ict and ITU in February 2010. The book has contributions from over 60 experts around the world on ICT accessibility and is a most valuable addition to policy makers and regulators, advocacy and research organisations and persons with disabilities on the implementation of the ICT dispositions of the UNCRPD. We wish to express our sincere appreciation to all the contributors, G3ict and the ITU for making this possible.

The handbook was released by Smt.Vibha Puri Das, Secretary, Dept of Higher Education, Ministry of HRD at the International Conference on Enabling Access to Education through ICT held from 27 to 30 October 2010 in New Delhi. The printed book comes with a CD containing its daisy version. It is divided into four chapters:

The Accessibility Imperative
Policies and Programs
Solutions that Work
Accessibility Policy Making: An International Perspective
Appendix A: Accessibility Policy Comparison Grid

Also there are two appendices:

Appendix A: Accessibility Policy Comparison Grid
Appendix B: Online Toolkit Site Map

The topics mainly focus on:

What is ICT accessibility?
What the CRPD says about ICT accessibility
How to best assess disability demographics and the impact of ICT barriers
Identifying ICT accessibility legislative, regulatory, policy and programs gaps versus CRPD guidelines and mandates
Engaging Disabled Persons Organizations and other key stakeholders in policy making
Policy development by area
Setting standards
Public procurement
Promoting assistive technologies
Promoting accessible product development & Universal Design
International cooperation
Wireless phones
Radios
Television
Remote consoles
Landline phones
Websites
Personal computers
Software
Electronic kiosks
Broadband services
Country analysis:
United States of America
United Kingdom
Australia
Germany
Portugal
New Zealand
Canada
Ireland
Italy
Sweden
European Union
Japan
Korea
Developing countries
Summary

The publication of this book would not have been possible without the generous support of The Hans Foundation, to whom we would like to express our sincere thanks. We trust that readers will find this book most useful in their accessibility work.

The complete version of the book is available in pdf and daisy formats. These can be downloaded by clicking on the links below:

e-Accessibility Policy Handbook: PDF
e-Accessibility Policy Handbook for Persons with Disabilities: Daisy Format

Note: Daisy users can read the book in Amis or Emerson

e-Accessibility Policy Handbook for Persons with Disabilities: Braille File

For more details visit https://cis-india.org/accessibility/blog/e-accessibility-handbook

Comments on the Draft Rules under the Information Technology Act

pranesh — 2011-09-21T06:13:42Z

The Centre for Internet and Society commissioned an advocate, Ananth Padmanabhan, to produce a comment on the Draft Rules that have been published by the government under the Information Technology Act. In his comments, Mr. Padmanabhan highlights the problems with each of the rules and presents specific recommendations on how they can be improved. These comments were sent to the Department of Information and Technology.

Comments on the Draft Rules under the Information Technology Act as Amended by the Information Technology (Amendment) Act, 2008

Submitted by the Centre for Internet and Society, Bangalore

Prepared by Ananth Padmanabhan, Advocate in the Madras High Court

Interception, Monitoring and Decryption

Section 69

The section says:

Where the Central Government or a State Government or any of its officer specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (1), extend all facilities and technical assistance to-

(a) provide access to or secure access to the computer resource generating transmitting, receiving or storing such information; or

(b) intercept, monitor, or decrypt the information, as the case may be; or

The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Recommendation #1
Section 69(3) should be amended and the following proviso be inserted:

Provided that only those intermediaries with respect to any information or computer resource that is sought to be monitored, intercepted or decrypted, shall be subject to the obligations contained in this sub-section, who are, in the opinion of the appropriate authority, prima facie in control of such transmission of the information or computer resource. The nexus between the intermediary and the information or the computer resource that is sought to be intercepted, monitored or decrypted should be clearly indicated in the direction referred to in sub-section (1) of this section.

Reasons for the Recommendation
In the case of any information or computer resource, there may be more than one intermediary who is associated with such information. This is because “intermediary” is defined in section 2(w) of the amended Act as,

“with respect to any electronic record means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record, including telecom service providers, network service providers, internet service providers, webhosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes”.

The State or Central Government should not be given wide-ranging powers to enforce cooperation on the part of any such intermediary without there being a clear nexus between the information that is sought to be decrypted or monitored by the competent authority, and the control that any particular intermediary may have over such information.

To give an illustration, merely because some information may have been posted on an online portal, the computer resources in the office of the portal should not be monitored unless the portal has some concrete control over the nature of information posted in it. This has to be stipulated in the order of the Central or State Government which authorizes interception of the intermediary.

Recommendation #2
Section 69(4) should be repealed.

Reasons for the Recommendation
The closest parallels to Section 69 of the Act are the provisions in the Telegraph Rules which were brought in after the decision in PUCL v. Union of India, (1997) 1 SCC 301, famously known as the telephone tapping case.

Section 69(4) fixes tremendous liability on the intermediary for non-cooperation. This is violative of Article 14. Similar provisions in the Indian Penal Code and Code of Criminal Procedure, which demand cooperation from members of the public as regards production of documents, letters etc., and impose punishment for non-cooperation on their part, impose a maximum punishment of one month. It is bewildering why the punishment is 7 years imprisonment for an intermediary, when the only point of distinction between an intermediary under the IT Act and a member of the public under the IPC and CrPC is the difference in the media which contains the information.

Section 69(3) is akin to the duty cast upon members of the public to extend cooperation under Section 39 of the Code of Criminal Procedure by way of providing information as to commission of any offence, or the duty, when a summons is issued by the Court or the police, to produce documents under Sections 91 and 92 of the Code of Criminal Procedure. The maximum punishment for non-cooperation prescribed by the Indian Penal Code for omission to cooperate or wilful breach of summons is only a month under Sections 175 and 176 of the Indian Penal Code. Even the maximum punishment for furnishing false information to the police is only six months under Section 177 of the IPC. When this is the case with production of documents required for the purpose of trial or inquiry, it is wholly arbitrary to impose a punishment of six years in the case of intermediaries who do not extend cooperation for providing access to a computer resource which is merely apprehended as being a threat to national security etc. A mere apprehension, however reasonable it may be, should not be used to pin down a liability of such extreme nature on the intermediary.

This would also amount to a violation of Articles 19(1)(a) as well as 19(1)(g) of the Constitution, not to mention Article 20(3). To give an example, much of the information received from confidential sources by members of the press would be stored in computer resources. By coercing them, through the 7 year imprisonment threat, to allow access to this computer resource and thereby part with this information, the State is directly infringing on their right under Article 19(1)(a). Furthermore, if the “subscriber” is the accused, then section 69(4) goes against Article 20(3) by forcing the accused to bear witness against himself.

Draft Rules under Section 69

Rule 3
Directions for interception or monitoring or decryption of any information generated, transmitted, received or stored in any computer resource under sub- section (2) of section 69 of the Information Technology (Amendment) Act, 2008 (hereinafter referred to as the said Act) shall not be issued except by an order made by the concerned competent authority who is Union Home Secretary in case of Government of India; the Secretary in-charge of Home Department in a State Government or Union Territory as the case may be. In unavoidable circumstances, such order may be made by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or by an officer equivalent to rank of Joint Secretary to Government of India duly authorised by the Secretary in-charge of Home Department in the State Government or Union Territory, as the case may be:

Provided that in emergency cases –
(i) in remote areas, where obtaining of prior directions for interception or monitoring or decryption of information is not feasible; or
(ii) for operational reasons, where obtaining of prior directions for interception or monitoring or decryption of any information generated, transmitted, received or stored in any computer resource is not feasible;

the required interception or monitoring or decryption of any information generated, transmitted, received or stored in any computer resource shall be carried out with the prior approval of the Head or the second senior most officer of the Security and Law Enforcement Agencies (hereinafter referred to as the said Security Agencies) at the Central Level and the officers authorised in this behalf, not below the rank of Inspector General of Police or an officer of equivalent rank, at the State and Union Territory level. The concerned competent authority, however, shall be informed of such interceptions or monitoring or decryption by the approving authority within three working days and that such interceptions or monitoring or decryption shall be got confirmed by the concerned competent authority within a period of seven working days. If the confirmation from the concerned competent authority is not received within the stipulated seven working days, such interception or monitoring or decryption shall cease and the same information shall not be intercepted or monitored or decrypted thereafter without the prior approval of the concerned competent authority, as the case may be.

Recommendation #3
In Rule 3, the following proviso may be inserted:

“Provided that in the event of cooperation by any intermediary being required for the purpose of interception, monitoring or decryption of such information as is referred to in this Rule, prior permission from a Supervisory Committee headed by a retired Judge of the Supreme Court or the High Courts shall be obtained before seeking to enforce the Order mentioned in this Rule against such intermediary.”

Reasons for the Recommendation
Section 69 and the draft rules suffer from absence of essential procedural safeguards. This has come in due to the blanket emulation of the Telegraph Rules. Additional safeguards should have been prescribed to ensure that the intermediary is put to minimum hardship when carrying on the monitoring or being granted access to a computer resource. Those are akin to a raid, in the sense that it can stop an online e-commerce portal from carrying out operations for a day or even more, thus affecting their revenue. It is therefore recommended that in any situation where cooperation from the intermediary is sought, prior judicial approval has to be taken. The Central or State Government cannot be the sole authority in such cases.

Furthermore, since access to the computer resource is required, an executive order should not suffice, and a search warrant or an equivalent which results from a judicial application of the mind (by the Supervisory Committee, for instance) should be required.

Recommendation #4
The following should be inserted after the last line in Rule 22:

The Review Committee shall also have the power to award compensation to the intermediary in cases where the intermediary has suffered loss or damage due to the actions of the competent authority while implementing the order issued under Rule 3.

Reasons for the Recommendation
The Review Committee should be given the power to award compensation to the loss suffered by the intermediary in cases where the police use equipment or software for monitoring/decryption that causes damage to the intermediary’s computer resources / networks. The Review Committee should also be given the power to award compensation in the case of monitoring directions which are later found to be frivolous or even worse, borne out of mala fide considerations. These provisions will act as a disincentive against the abuse of power contained in Section 69.

Blocking of Access to Information

Section 69A

The section provides for blocking of websites if the government is satisfied that it is in the interests of the purposes enlisted in the section. It also provides for penalty of up to seven years for intermediaries who fail to comply with the directions under this section.
The rules under this section describe the procedure which have to be followed barring which the review committee may, after due examination of the procedural defects, order an unblocking of the website.

Section 69A(3)
The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.

Recommendation #5
The penalty for intermediaries must be lessened.

Reasons for Recommendations
The penal provision in this section which prescribes up to seven years imprisonment and a fine on an intermediary who fails to comply with the directions so issued is also excessively harsh. Considering the fact that various mechanisms are available to escape the blocking of websites, the intermediaries must be given enough time and space to administer the block effectively and strict application of the penal provisions must be avoided in bona fide cases.

The criticism about Section 69 and the draft rules in so far as intermediary liability is concerned, will also apply mutatis mutandis to these rules as well as Section 69A.

Draft Rules under Section 69A

Rule 22: Review Committee
The Review Committee shall meet at least once in two months and record its findings whether the directions issued under Rule (16) are in accordance with the provisions of sub-section (2) of section 69A of the Act. When the Review Committee is of the opinion that the directions are not in accordance with the provisions referred to above, it may set aside the directions and order for unblocking of said information generated, transmitted, received, stored or hosted in a computer resource for public access.

Recommendation #6
A permanent Review Committee should be specially for the purposes of examining procedural lapses.

Reasons for Recommendation
Rule 22 provides for a review committee which shall meet a minimum of once in every two months and order for the unblocking of a site of due procedures have not been followed. This would mean that if a site is blocked, there could take up to two months for a procedural lapse to be corrected and it to be unblocked. Even a writ filed against the policing agencies for unfair blocking would probably take around the same time. Also, it could well be the case that the review committee will be overborne by cases and may fall short of time to inquire into each. Therefore, it is recommended that a permanent Review Committee be set up which will monitor procedural lapses and ensure that there is no blocking in the first place before all the due procedural requirements are met.

Monitoring and Collection of Traffic Data

Draft Rules under Section 69B

The section provides for monitoring of computer networks or resources if the Central Government is satisfied that conditions so mentioned are satisfied.

The rules provide for the manner in which the monitoring will be done, the process by which the directions for the same will be issued and the liabilities of the intermediaries and monitoring officers with respect to confidentiality of the information so monitored.

Grounds for Monitoring
Rule 4
The competent authority may issue directions for monitoring and collection of traffic data or information generated, transmitted, received or stored in any computer resource for any or all of the following purposes related to cyber security:
(a) forecasting of imminent cyber incidents;
(b) monitoring network application with traffic data or information on computer resource;
(c) identification and determination of viruses/computer contaminant;
(d) tracking cyber security breaches or cyber security incidents;
(e) tracking computer resource breaching cyber security or spreading virus/computer contaminants;
(f) identifying or tracking of any person who has contravened, or is suspected of having contravened or being likely to contravene cyber security;
(g) undertaking forensic of the concerned computer resource as a part of investigation or internal audit of information security practices in the computer resource;
(h) accessing a stored information for enforcement of any provisions of the laws relating to cyber security for the time being in force;
(i) any other matter relating to cyber security.

Rule 6
No direction for monitoring and collection of traffic data or information generated, transmitted, received or stored in any computer resource shall be given for purposes other than those specified in Rule (4).

Recommendation #7
Clauses (a), (b), (c), and (i) of Rule 4 must be repealed.

Reasons for Recommendations
The term “cyber incident” has not been defined, and “cyber security” has been provided a circular definition. Rule 6 clearly states that no direction for monitoring and collection of traffic data or information generated, transmitted, received or stored in any computer resource shall be given for purposes other than those specified in Rule 4. Therefore, it may prima facie appear that the government is trying to lay down clear and strict safeguards when it comes to monitoring at the expense of a citizens' privacy. However, Rule 4(i) allows the government to monitor if it is satisfied that it is “any matter related to cyber security”. This may well play as a ‘catch all’ clause to legalise any kind of monitoring and collection and therefore defeats the purported intention of Rule 6 of safeguarding citizen’s interests against arbitrary and groundless intrusion of privacy. Also, the question of degree of liability of the intermediaries or persons in charge of the computer resources for leak of secret and confidential information remains unanswered.

Rule 24: Disclosure of monitored data
Any monitoring or collection of traffic data or information in computer resource by the employee of an intermediary or person in-charge of computer resource or a person duly authorised by the intermediary, undertaken in course of his duty relating to the services provided by that intermediary, shall not be unlawful, if such activities are reasonably necessary for the discharge his duties as per the prevailing industry practices, in connection with :
(vi) Accessing or analysing information from a computer resource for the purpose of tracing a computer resource or any person who has contravened, or is suspected of having contravened or being likely to contravene, any provision of the Act that is likely to have an adverse impact on the services provided by the intermediary.

Recommendation #8
Safeguards must be introduced with respect to exercise of powers conferred by Rule 24(vi).

Reasons for Recommendations
Rule 24(vi) provides for access, collection and monitoring of information from a computer resource for the purposes of tracing another computer resource which has or is likely to contravened provisions of the Act and this is likely to have an adverse impact on the services provided by the intermediary. Analysis of a computer resource may reveal extremely confidential and important data, the compromise of which may cause losses worth millions. Therefore, the burden of proof for such an intrusion of privacy of the computer resource, which is first used to track another computer resource which is likely to contravene the Act, should be heavy. Also, this violation of privacy should be weighed against the benefits accruing to the intermediary. The framing of sub rules under this clearly specifying the same is recommended.

The disclosure of sensitive information by a monitoring agency for purposes of ‘general trends’ and ‘general analysis of cyber information’ is uncalled for as it dissipates information among lesser bodies that are not governed by sufficient safeguards and this could result in outright violation of citizen’s privacy.

Manner of Functioning of CERT-In

Draft Rules under Section 70B(5)

Section 70B provides for an Indian Computer Emergency Response Team (CERT-In) which shall serve as a national agency for performing duties as prescribed by clause 4 of this section in accordance to the rules as prescribed.
The rules provide for CERT-In’s authority, composition of advisory committee, constituency, functions and responsibilities, services, stakeholders, policies and procedures, modus operandi, disclosure of information and measures to deal with non compliance of orders so issued. However, there are a few issues which need to be addressed as under:

Definitions
In these Rules, unless the context otherwise requires, “Cyber security incident” means any real or suspected adverse event in relation to cyber security that violates an explicit or implied security policy resulting in unauthorized access, denial of service/ disruption, unauthorized use of a computer resource for processing or storage of information or changes to data, information without authorization.

Recommendation #9
The words ‘or implied’’ must be excluded from rule 2(g) which defines ‘cyber security incident’, and the term ‘security policy’ must be qualified to state what security policy is being referred to.

Reasons for Recommendation
“Cyber security incident” means any real or suspected adverse event in relation to cyber security that violates an explicit or implied security policy resulting in unauthorized access, denial of service/disruption, unauthorized use of a computer resource for processing or storage of information or changes to data, information without authorization.

Thus, the section defines any circumstance where an explicit or implied security policy is contravened as a ‘cyber security incident’. Without clearly stating what the security policy is, an inquiry into its contravention is against an individual’s civil rights. If an individual’s actions are to be restricted for reasons of security, then the restrictions must be expressly defined and such restrictions cannot be said to be implied.

Rule 13(4): Disclosure of Information
Save as provided in sub-rules (1), (2), (3) of rule 13, it may be necessary or expedient to so to do, for CERT-In to disclose all relevant information to the stakeholders, in the interest of sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence relating to cognizable offence or enhancing cyber security in the country.

Recommendation #10
Burden of necessity for disclosure of information should be made heavier.

Reasons for the Recommendation
Rule 13(4) allows the disclosure of information by CERT-In in the interests of ‘enhancing cyber security’. This enhancement however needs to be weighed against the detriment caused to the individual and the burden of proof must be on the CERT-In to show that this was the only way of achieving the required.

Rule 19: Protection for actions taken in Good Faith
All actions of CERT-In and its staff acting on behalf of CERT-In are taken in good faith in fulfillment of its mandated roles and functions, in pursuance of the provisions of the Act or any rule, regulations or orders made thereunder. CERT-In and its staff acting on behalf of CERT-In shall not be held responsible for any unintended fallout of their actions.

Recommendation #11
CERT-In should be made liable for their negligent action and no presumption of good faith should be as such provided for.

Reasons for the Recommendation
Rule 19 provides for the protection of CERT-In members for the actions taken in ‘good faith’. It defines such actions as ‘unintended fallouts’. Clearly, if information has been called for and the same is highly confidential, then this rule bars the remedy for any leak of the same due to the negligence of the CERT-In members. This is clearly not permissible as an agency that calls for delicate information should also be held responsible for mishandling the same, intentionally or negligently. Good faith can be established if the need arises, and no presumption as to good faith needs to be provided.

Draft Rules under Section 52

These rules, entitled the “Cyber Appellate Tribunal (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members) Rules, 2009” are meant to prescribe the framework for the independent and smooth functioning of the Cyber Appellate Tribunal. This is so because of the specific functions entrusted to this Appellate Tribunal. Under the IT Act, 2000 as amended by the IT (Amendment) Act, 2008, this Tribunal has the power to entertain appeals against orders passed by the adjudicating officer under Section 47.

Recommendation #12
Amend qualifications Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003, to require judicial training and experience.

Reasons for the Recommendation
It is submitted that an examination of these rules governing the Appellate Tribunal cannot be made independent of the powers and qualifications of Adjudicating Officers who are the original authority to decide on contravention of provisions in the IT Act dealing with damage to computer system and failure to furnish information. Even as per the Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003, persons who did not possess judicial experience and training, such as those holding the post of Director in the Central Government, were qualified to perform functions under Section 46 and decide whether there has been unauthorized access to a computer system. This involves appreciation of evidence and is not a merely administrative function that could be carried on by any person who has basic knowledge of information technology.

Viewed from this angle, the qualifications of the Cyber Appellate Tribunal members should have been made much tighter as per the new draft rules. The above rules when read with Section 50 of the IT Act, as amended in 2008, do not say anything about the qualification of the technical members apart from the fact that such person shall not be appointed as a Member, unless he is, or has been, in the service of the Central Government or a State Government, and has held the post of Additional Secretary or Joint Secretary or any equivalent post. Though special knowledge of, and professional experience in, information technology, telecommunication, industry, management or consumer affairs, has been prescribed in the Act as a requirement for any technical member.

Draft Rules under Section 54

These Rules do not suffer any defect and provide for a fair and reasonable enquiry in so far as allegations made against the Chairperson or the members of the Cyber Appellate Tribunal are concerned.

Penal Provisions

Section 66A

Any person who sends, by means of a computer resource or a communication device,
    (a) any information that is grossly offensive or has menacing character; or
    (b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
    (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,
shall be punishable with imprisonment for a term which may extend to three years and with fine.
Sec. 32 of the 2008 Act inserts Sec. 66A which provides for penal measures for mala fide use of electronic resources to send information detrimental to the receiver. For the section to be attracted the ‘information’ needs to be grossly offensive, menacing, etc. and the sender needs to have known it to be false.

While the intention of the section – to prevent activities such as spam-sending – might be sound and even desirable, there is still a strong argument to be made that words is submitted that the use of words such as ‘annoyance’ and ‘inconvenience’ (in s.66A(c)) are highly problematic. Further, something can be grossly offensive without touching upon any of the conditions laid down in Article 19(2). Without satisfying the conditions of Article 19(2), this provision would be ultra vires the Constitution.

Recommendation #13
The section should be amended and words which lead to ambiguity must be excluded.

Reasons for the Recommendation
A clearer phrasing as to what exactly could convey ‘ill will’ or cause annoyance in the electronic forms needs to be clarified. It is possible in some electronic forms for the receiver to know the content of the information. In such circumstances, if such a possibility is ignored and annoyance does occur, is the sender still liable? Keeping in mind the complexity of use of electronic modes of transmitting information, it can be said that several such conditions arise which the section has vaguely covered. Therefore, a stricter and more clinical approach is necessary.

Recommendation #14
A proviso should be inserted to this section providing for specific exceptions to the offence contained in this section for reasons such as fair comment, truth, criticism of actions of public officials etc.

Reasons for the Recommendation
The major problem with Section 66A lies in clause (c) as per which any electronic mail or electronic mail message sent with the purpose of causing annoyance or inconvenience is covered within the ambit of offensive messages. This does not pay heed to the fact that even a valid and true criticism of the actions of an individual, when brought to his notice, can amount to annoyance. Indeed, it may be brought to his attention with the sole purpose of causing annoyance to him. When interpreting the Information Technology Act, it is to be kept in mind that the offences created under this Act should not go beyond those prescribed in the Indian Penal Code except where there is a wholly new activity or conduct, such as hacking for instance, which is sought to be criminalized.

Offensive messages have been criminalized in the Indian Penal Code subject to the conditions specified in Chapter XXII being present. It is not an offence to verbally insult or annoy someone without anything more being done such as a threat to commit an offence, etc. When this is the case with verbal communications, there is no reason to make an exception for those made through the electronic medium and bring any electronic mail or message sent with the purpose of causing annoyance or inconvenience within the purview of an offensive message.

Section 66F

The definition of cyber-terrorism under this provision is too wide and can cover several activities which are not actually of a “terrorist” character.
Section 66F(1)(B) is particularly harsh and goes much beyond acts of “terrorism” to include various other activities within its purview. As per this provision,
“[w]hoever knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons for the security of the State or foreign relations, or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or is likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.”

This provision suffers from several defects and hence ought to be repealed.

Recommendation #15
Section 66F(1)(B) has to be repealed or suitably amended to water down the excessively harsh operation of this provision. The restrictive nature of the information that is unauthorisedly accessed must be confined to those that are restricted on grounds of security of the State or foreign relations. The use to which such information may be put should again be confined to injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order. A mere advantage to a foreign nation cannot render the act of unauthorized access one of cyber-terrorism as long as such advantage is not injurious or harmful in any manner to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order. A mens rea requirement should also be introduced whereby mere knowledge that the information which is unauthorisedly accessed can be put to such uses as given in this provision should not suffice for the unauthorised access to amount to cyber-terrorism. The unauthorised access should be with the intention to put such information to this use. The amended provision would read as follows:

“[w]hoever knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons for the security of the State or foreign relations, with the intention that such information, data or computer database so obtained may be used to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order, commits the offence of cyber terrorism.”

Reasons for the Recommendation
The ambit of this provision goes much beyond information, data or computer database which is restricted only on grounds of security of the State or foreign relations and extends to “any restricted information, data or computer database”. This expression covers any government file which is marked as confidential or saved in a computer used exclusively by the government. It also covers any file saved in a computer exclusively used by a private corporation or enterprise. Even the use to which such information can be put need not be confined to those that cause or are likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, or friendly relations with foreign States. Information or data which is defamatory, amounting to contempt of court, or against decency / morality, are all covered within the scope of this provision. This goes way beyond the idea of a terrorist activity and poses serious questions. While there is no one globally accepted definition of cyberterrorism, it is tough to conceive of slander as a terrorist activity.

To give an illustration, if a journalist managed to unauthorisedly break into a restricted database, even one owned by a private corporation, and stumbled upon information that is defamatory in character, he would have committed an act of “cyber-terrorism.” Various kinds of information pertaining to corruption in the judiciary may be precluded from being unauthorisedly accessed on the ground that such information may be put to use for committing contempt of court. Any person who gains such access would again qualify as a cyber-terrorist. The factual situations are numerous where this provision can be put to gross misuse with the ulterior motive of muzzling dissent or freezing access to information that may be restricted in nature but nonetheless have a bearing on probity in public life etc. It is therefore imperative that this provision may be toned down as recommended above.

For more details visit https://cis-india.org/internet-governance/blog/comments-draft-rules

India Study Tour - Report: The South African Telecommunications Sector: Poised for Change

radha — 2011-08-24T08:02:09Z

CIS in collaboration with the LINK Centre, Graduate School of Public and Development Management, University of the Witwatersrand, South Africa and in association with different institutions across India organized a Lecture Tour by Sagie Chetty from 19th Oct to 30th Oct. A report on this study tour is given by Sagie Chetty.

India Study Tour Report

2009-10-17 to 2009-11-01
Sagie Chetty, Masters of Management ICT Policy & Regulation
Student Number 0617514V
Supervision: LINK Centre
Graduate School of Public and Development Management
University of the Witwatersrand

Sagie Chetty is a Senior Manager at Eskom, South Africa’s largest Electricity Utility and a Masters of Management student in the field of ICT Policy and Regulation at Wits University. My research dissertation is entitled “Analysing processes for regulating interconnection in India and South Africa.” Wits LINK Centre and the Centre for Internet and Society (CIS) in Bangalore arranged for a study/lecture tour to India for the period from 17th October 2009 to 1st November 2009. As part of the tour, I presented a number of talks to students and faculty members at various universities and institutions around the country, on the subject of the Telecommunications Landscape in South Africa. I used the opportunity to inform students on the development of the telecommunications sector in South Africa; to build relationships between the LINK centre and the institutions I visited; and, most importantly, to conduct interviews with academia, economists and regulatory authorities in India to gather essential material for my research paper.

Presentations were held at a number of universities, namely the Indian Institute of Technology (IIT), Chennai and IIT, Mumbai; the International Institute of Information Technology (IIIT), Bangalore; and the Indira Gandhi National Open University (IGNOU), the National Institute of Science, Technology and Development Studies (NISTADS) and the Jamia Millia Islamia University – all based in Delhi. The visit concluded with meetings with officials from the Telecoms Regulatory Authority of India (TRAI).

The presentations were well attended and discussions were robust and thought provoking. The South African telecommunications sector was seen as being non-competitive with unnecessarily high ownership by government in the telecommunications sector. From the information provided, students concluded that the SA telecommunications regulator was weak and lacking in the commensurate skills to manage this highly technical sector.

On the other hand, students gravitated between having admiration for India’s own telecommunications regulator, TRAI and criticism of TRAI’s inability to improve broadband take-up in India. Students commended TRAI’s technical skills, independence and its courage in standing up to powerful mobile companies and incumbent telecommunications companies. However, lack of policy direction with regard to broadband rollout is seen as a major failure. Comments regarding this failure are attributed to TRAI’s driving down of telecommunications prices to levels that do not allow for infrastructure investment.

The future for broadband in India lies in mobile technology and some predict that fixed line will be defunct by 2025. Some academics also believe that there are too many players in the telecommunications sector in India making spectrum allocation highly competitive and therefore, very expensive. These costs will have to be recovered and the end users will pay dearly for this. Therefore, the model that the Department of Telecommunications (DOT) is using for spectrum auctions is being questioned by students and academics.

The innovation that I observed in India relates to CIS’s early work in projects assisting the visually impaired to read; the writing of 4G standards at the IITs and the innovation with regard to interconnection usage charges (IUC) at TRAI. These are some of the lessons that I have taken back to South Africa.

My observation of students in India is that they are highly motivated and eager to learn. Entrance to the universities is highly sought after and universities have high standards and are generally difficult to get into. The IITs certainly are increasing the requirements for students to get into them. The institutions are vibrant and are fertile grounds for thought leadership and innovation. India is producing a veritable number of PhDs and institutions seem to offer funding for capable students. South Africa needs to re-examine the funding model for students here. My impression is that students in South Africa do not have similar support as their counterparts in India.

The talks generally concluded with a re-affirmation of the strong historical and cultural links between South Africa and India. Mahatma Gandhi’s time spent in South Africa developing his notion of non-violent protest is well known in India and will always bind our countries together.

India is a vibrant country with an economic engine that is gathering revolutions. Its future is bright and its institutions are producing bright young minds to take their place in this awakening economic giant. South Africans can do well in learning from this super power in the making.

Report

Videos

For more details visit https://cis-india.org/telecom/blog/india-study-tour-report-by-sagie-chetty

Digital Natives with a Cause? Thinkathon: Position Papers

praskrishna — 2015-05-15T11:34:35Z

The Digital Natives with a Cause? Thinkathon conference co-organised by Hivos and the Centre for Internet and Society is being held from 6 to 8 December at the Hague Museum for Communication. The position papers are now available online.

The emergence of digital and Internet technologies have changed the world as we know it. Processes of interpersonal relationships, social communication, economic expansion, political protocols and governmental mediation are all undergoing a significant translation, across the world, in developed and emerging Information and Knowledge societies. These processes also affect the ways in which social transformation, political participation and interventions for development take place.

The Digital Natives with a Cause? research inquiry seeks to look at the potentials of social change and political participation through technology practices of people in emerging ICT contexts. It particularly aims to address knowledge gaps that exist in the scholarship, practice and popular discourse around an increasing usage, adoption and integration of digital and Internet technologies in social transformation processes.

The programme has three main components. The first is to incorporate the users (often young, but not always so) as stakeholders in the construction of policies and discourse which affect their lives in very material ways. The second is to capture, with a special emphasis on change, different relationships with and deployment of technologies in different parts of the world. The third is to further extend the network of knowledge stakeholders where scholars,practitioners, policy makers and the Digital Natives themselves, come together in dialogue to identify the needs and interventions in this field.

In the late summer of 2010 two workshops, in Taiwan and South Africa, brought together 50 Digital Natives from Asia and Africa to place their practice in larger social and political legacies and frameworks. The ‘Talking Back’ workshop in Taiwan looked at the politics, implications and processes of talking back and being political and the ‘My Bubble, My Voice and My Space’ workshop in Johannesburg looked at change, change processes and the role of Digital Natives in it.

For the Digital Natives with a Cause? Thinkathon that will be held in The Hague, The Netherlands from 6 to 8 December 2010, Digital Natives from the workshops in Taipei and Johannesburg have provided us with their take on social change and political participation in the following position papers. They look at issues of: what does it mean to be a Digital Native? What is the relationship of people growing up with new technologies and change? What are the processes by which change is produced? Can you institutionalize Digital Natives with a Cause Activities? How do you make it sustainable in each context?

We hope you will find the Digital Natives with a Cause? position papers inspiring, thought-provoking and challenging.

Download the position papers here [PDF, 1173 KB]

For more details visit https://cis-india.org/digital-natives/blog/position-papers