The Centre for Internet and Society
https://cis-india.org
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The Wolf in Sheep's Clothing: Demanding your Data
https://cis-india.org/internet-governance/blog/the-wolf-in-sheeps-clothing-demanding-your-data
<b>The increasing digitalization of the economy and ubiquity of the Internet, coupled with developments in Artificial Intelligence (AI) and Machine Learning (ML) has given rise to transformational business models across several sectors.</b>
<p> </p>
<p>This piece was originally published in <a class="external-link" href="https://telecom.economictimes.indiatimes.com/tele-talk/the-wolf-in-sheep-s-clothing-demanding-your-data/4497">The Economic Times Telecom</a>, on 8 September, 2020.<span class="css-901oao css-16my406 r-1qd0xha r-ad9z0x r-bcqeeo r-qvutc0"></span></p>
<p>The increasing digitalization of the economy and ubiquity of the <a href="https://telecom.economictimes.indiatimes.com/tag/internet">Internet</a>, coupled with developments in <a href="https://telecom.economictimes.indiatimes.com/tag/artificial+intelligence">Artificial Intelligence</a>
(AI) and Machine Learning (ML) has given rise to transformational
business models across several sectors. These developments have changed
the very structure of existing sectors, with a few dominant firms
straddling across many sectors. The position of these firms is
entrenched due to the large amounts of data they have, and usage of
sophisticated algorithms that deliver very targeted service/content and
their global nature.<br /><br /></p>
<p>Such data based network businesses
are generally multi-sided platforms subject to network effects and
winner takes all phenomena, often, making traditional competition
regulation inappropriate. In addition, there has been concern that such
companies hurt competition as they are owners of large amounts of data
collected globally, the very basis on which new services are predicated.
Also since users have an inertia to share their data on multiple
platforms, new companies find it very challenging to emerge. Several of
the large companies are of US origin. Several regions/countries such as
EU, UK, India are concerned that while these companies benefit from the
data of their citizens or their <a href="https://telecom.economictimes.indiatimes.com/tag/devices">devices</a>,
SMEs and other companies in their own countries find it increasingly
difficult to remain viable or achieve scale. With the objective of
supporting enterprises, including SMEs in their own countries, Europe,
UK India are in different stages of data regulation initiatives.<br /><br /></p>
<p>In India, the <a href="https://telecom.economictimes.indiatimes.com/tag/personal+data+protection">Personal Data Protection</a>
(PDP) Bill, 2019 deals with the framework for collecting, managing and
transferring of Personal Data of Indian citizens, including mandating
sharing of anonymized data of individuals and non-personal data for
better targeting of services or policy making. In addition, the Report
by the Committee of Experts (CoE) on Non Personal Data (NPD) came up
with a Framework for Regulating NPD. Since the NPD Report is a more
recent phenomenon, this articles analyzes some aspects of it.<br /><br /></p>
<p>According
to CoE, non-personal data could be of two types. First, data or
information which was never about an individual (e.g. weather data).
Second, data or information that once was related to an individual (e.g.
mobile number) but has now ceased to be identifiable due to the removal
of certain identifiers through the process of ‘anonymisation’. However,
it may be possible to recover the personal data from such anonymized
data and therefore, the distinction between personal and non-personal is
not clean. In any case, the PDP bill 2019 deals with personal data. If
the CoE felt that some aspect of personal data (including anonymized
data) were not adequately dealt with, it should work to strengthen it.
The current approach of the CoE is bound to create confusion and
overlapping jurisdiction. Since anonymized data is required to be
shared, there are disincentives to anonymization, causing greater risk
to individual privacy.<br /><br /></p>
<p>A new class of business based on a “<em>horizontal classification cutting across different industry sectors</em>” is defined. This refers to any business that derives “<em>new or additional economic value from data, by collecting, storing, processing, and managing data</em>”
based on a certain threshold of data collected/processed that will be
defined by the regulatory authority that is outlined in the report. The
CoE also recommends that “<em>Data Businesses will provide, within India, open access to meta-data and regulated access to the underlying data</em>” without any remuneration. Further, “<em>By
looking at the meta-data, potential users may identify opportunities
for combining data from multiple Data Businesses and/or governments to
develop innovative solutions, products and services. Subsequently, data
requests may be made for the detailed underlying data</em>”.<br /><br /></p>
<p>With
increasing digitalization, today almost every business is a data
business. The problem in such categorization will be with the definition
of thresholds. It is likely that even a small video sharing app or an
AR/VR app would store/collect/process/transmit more data than say a
mid-sized bank in terms of data volumes. Further, with increasing
embedding of <a href="https://telecom.economictimes.indiatimes.com/tag/iot">IoT</a>
in various aspects of our lives and businesses (smart manufacturing,
logistics, banking etc), the amount of data that is captured by even
small entities can be huge.<br /><br /></p>
<p>The private sector, driven by
profitability, identifies innovative business models, risks capital and
finds unique ways of capturing and melding different data sets. In
order to sustain economic growth, such innovation is necessary. The
private sector would also like legal protection over these aspects of
its businesses, including the unique IPR that may be embedded in the
processing of data or its business processes. But mandating such onerous
requirements on sharing by the CoE is going to kill any private
initiative. Any regulatory regime must balance between the need to
provide a secure environment for protecting data of incumbents and
making it available to SMEs/businesses.<br /><br /></p>
<p>Meta data
provides insights to the company’s databases and processes. These are
source of competitive advantage for any company. Meta data is not
without a context. The basis of demanding such disclosure is mandated
with the proposed NPD Regulator who would evaluate such a purpose. In
practice, purposes are open to interpretation and the structure of
appeal mechanism etc is going to stall any such sharing. Would such
mandates of sharing not interfere with the existing Intellectual
Property Rights? Or the freedom to contract? Any innovation could easily
be made available to a competitor that front-ends itself with a
start-up. To mandate making such data available would not be fair.
Further, how would the NPD regulator even ensure that such data is used
for the purpose (which the proposed regulator is supposed to evaluate)
that it is sought for? In Europe, where such <a href="https://telecom.economictimes.indiatimes.com/tag/data+sharing">data sharing</a>
mandates are being considered, the focus is on public data. For private
entities, the sharing is largely based on voluntary contributions.
Compulsory sharing is mandated only under restricted situations where
market failure situations are not addressed through Competition Act and
provided legitimate interest of the data holder and existing legal
provisions are taken into account.<br /><br /></p>
<p>Further, the
compliance requirements for such Data Businesses is very onerous and
makes a mockery of “minimum government” framework of the government. The
CoE recommends that all Data Businesses, whether government NGO, or
private “<em>to disclose data elements collected, stored and processed, and data-based services offered</em>”. As if this was not enough, the CoE further recommends that “<em>Every
Data Business must declare what they do and what data they collect,
process and use, in which manner, and for what purposes (like disclosure
of data elements collected, where data is stored, standards adopted to
store and secure data, nature of data processing and data services
provided). This is similar to disclosures required by pharma industry
and in food products</em>”. Such disclosures are necessary in these
industries as the companies in this sector deal with critical aspects of
human life. But are such requirements necessary for all activities and
businesses? As long as organizations collect and process data, in a
legal manner, within the sectoral regulation, why should such
information have to be “reported”? Further, such bureaucratic processes
and reporting requirements are only going to be a burden to existing
legitimate businesses and give rise to a thriving regulatory license
raj.<br /><br /></p>
<p>Further questions that arise are: How is any
compliance agency going to make sure that all the underlying metadata is
made available in a timely manner? As companies respond to a dynamic
environment, their analysis and analytical tools change and so does the
metadata. This inherent aspect of businesses raises the question: At
what point in time should companies make their meta-data available? How
will the compliance be monitored?<br /><br /></p>
<p>Conclusion: The CoE
needs to create an enabling and facilitating an environment for data
sharing. The incentives for different types of entities to participate
and contribute must be recognized. Adequate provisions for risks and
liabilities arising out data sharing need to be thought through.
National initiatives on data sharing should not create an onerous
reporting regime, as envisaged by the CoE, even if digital.<br /><br /></p>
<p class="article-disclaimer"><em>DISCLAIMER:
The views expressed are solely of the author and ETTelecom.com does not
necessarily subscribe to it. ETTelecom.com shall not be responsible for
any damage caused to any person/organisation directly or indirectly.</em></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/the-wolf-in-sheeps-clothing-demanding-your-data'>https://cis-india.org/internet-governance/blog/the-wolf-in-sheeps-clothing-demanding-your-data</a>
</p>
No publisherRekha JainInternet GovernanceData ProtectionArtificial Intelligence2020-11-10T17:44:13ZBlog EntryReclaiming AI Futures: Call for Contributions and Provocations
https://cis-india.org/internet-governance/blog/reclaiming-ai-futures-call-for-contributions-and-provocations
<b>CIS is pleased to share this call for contributions by Mozilla Fellow Divij Joshi. CIS will be working with Divij to edit, collate, and finalise this publication. This publication will add to Divij’s work as part of the AI observatory. The work is entirely funded by Divij Joshi.</b>
<div> </div>
<div> </div>
<p id="docs-internal-guid-3165c9a9-7fff-9881-71cc-4b816e9c6877" dir="ltr"> </p>
<p> </p>
<p dir="ltr">Please visit this <a class="external-link" href="https://medium.com/@divij.joshi/reclaiming-ai-futures-call-for-contributions-and-provocations-ef6d75ce2a31">link</a> for the full call, and details on how to apply.</p>
<p> </p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/reclaiming-ai-futures-call-for-contributions-and-provocations'>https://cis-india.org/internet-governance/blog/reclaiming-ai-futures-call-for-contributions-and-provocations</a>
</p>
No publisherDivij JoshiFeaturedInternet Governance2020-11-18T09:04:25ZBlog EntryComments to National Digital Health Mission: Health Data Management Policy
https://cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy
<b>CIS has submitted comments to the National Health Data Management Policy. We welcome the opportunity provided to our comments on the Policy and we hope that the final Policy will consider the interests of all the stakeholders to ensure that it protects the privacy of the individual while encouraging a digital health ecosystem.
</b>
<p> </p>
<p>Read the full set of comments <a href="https://cis-india.org/internet-governance/comments-to-national-digital-health-mission-health-data-management-policy-pdf" class="internal-link" title="Comments to National Digital Health Mission: Health Data Management Policy pdf">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy'>https://cis-india.org/internet-governance/blog/comments-to-national-digital-health-mission-health-data-management-policy</a>
</p>
No publisherShweta Mohandas, Pallavi Bedi, Shweta Reddy, and Saumyaa NaiduData Governanceinternet governanceInternet GovernanceHealthcare2020-10-05T15:56:51ZBlog EntryMapping Web Censorship & Net Neutrality Violations
https://cis-india.org/internet-governance/blog/mapping-web-censorship-net-neutrality-violations
<b></b>
<p> </p>
<p>For over a year, researchers at the Centre
for Internet and Society have been studying website blocking by internet
service providers (ISPs) in India. We have learned that major ISPs
don’t always block the same websites, and also use different blocking
techniques. <strong>To take this study further, and map net neutrality violations by ISPs, we need your help.</strong>
We have developed CensorWatch, a research tool to collect empirical
evidence about what websites are blocked by Indian ISPs, and which
blocking methods are being used to do so. Read more about this project (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/qxKoDnnG4cR8mPZaiOr8immlHKFilRoRSYOvX_26BcZRtiN_hoo5VrFfQHbDqaES1OV6jUM0RbWCZs1ODSHr_Pf9yeJFesRxxQvyUrZm4Tlcvdjmh232QQV3fOkmrj9wiVh5LQiW1LQAprvYWmHp_s-TW5ZdNXZY07QvlFR01dKzIxnv7TorEfkyazo" target="_blank">link</a>), <strong>download CensorWatch</strong> (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/F9Wsq5zbx6VJKZxrsjYFy3Q5-jSkk0-3nr5hBfuyQiDUEKyEm_fLY6kh4W9MB7GOLoPZbowqsXDT17DEmFgMoFY4IIOEjxq0rNCtFeEc7b-0GSnRPeLDi9VmYX5WE1vGlwMvM7BPtyfmXD6lNdIWzAdjq_MpSqWRACk3JJNPhzqieJXoEoOnY8WH1rxR4HnJwDjyJHSkHgMTmWcm0POB_kDOtt2fk_GnXkkjv5LK7MxRZe8f" target="_blank">link</a>), and help determine if ISPs are complying with India’s net neutrality regulations.</p>
<div>
<p> </p>
<p><a class="external-link" href="https://play.google.com/store/apps/details?id=com.censorwatch.netprobesapp"><img src="https://cis-india.org/internet-governance/censorwatch/" alt="null" width="75%" /></a></p>
<p> </p>
<div>
<div>
<div>Learn more about website blocking in India, through our recent work on the issue —</div>
<ol><li>Using information from court orders,
user reports, and government orders, and running network tests from six
ISPs, Kushagra Singh, Gurshabad Grover and Varun Bansal presented the <strong>largest study of web blocking</strong>
in India. Through their work, they demonstrated that major ISPs in
India use different techniques to block websites, and that they don’t
block the same websites (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/mgmW9wuVo0QjRGqm9DnDQiVT4lYy3lgY5maOgjAk05baH_NWtRSfznWooMtcTgQ2a059mWk91p_lMZqJAqaRHXZOLSEQQOAMeM5RowiyfY3giKQm3aDJoYnWw7VhAHeBjdkObBFF0PYWjoC1NJi21fSZyifOWm_CvlC3gq7nxbHtejEy" target="_blank">link</a>).</li><li>Gurshabad Grover and Kushagra Singh
collaborated with Simone Basso of the Open Observatory of Network
Interference (OONI) to study <strong>HTTPS traffic blocking in India</strong> by running experiments on the networks of three popular Indian ISPs: ACT Fibernet, Bharti Airtel, and Reliance Jio (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/oP_eOysGeBOsgRW-5k8V-ReWU_DMUhykR2wN9ZAqndgHev3bxY1c8kSSviR3jjOMqzOJhP05AfK2CtHAH8-Zv21mU7uAW2ainkl5tmS-uZx3LG15MjZXbRQyE71871AouDuXY0hLTVEVG3ovaEvb8BSFOhJz7NpnTZdsY5vIOeBqSsaB31HJdMT8bNELQJ8VjhUoNw" target="_blank">link</a>).</li><li>For <em>The Leaflet</em>, Torsha Sarkar and Gurshabad Grover wrote about the <strong>legal framework of blocking in India</strong>
— Section 69A of the IT Act and its rules. They considered commentator
opinions questioning the constitutionality of the regime, whether
originators of content are entitled to a hearing, and whether Rule 16,
which mandates confidentiality of content takedown requests received by
intermediaries from the Government, continues to be operative (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/WggQUDysA9mWPEzvGTRc43aPpKNmNjDcdEzj1ALhrbXgQWqnZRY9L9J45XXbJ3yCnX9-XIuYyRTQ588cBiYNQIs2KsfB0Dydz2QY4Z5VdMTdJ-RMr2M5uDqJ8Amr5gT3APy01bg8gNTyoEvdIcKryjrWnUFlTdxFAtohQ_AwVRjTbzC5FcAFhO9DdHOQV0Xp9X65At3tR17epGvo" target="_blank">link</a>).</li><li>In the <em>Hindustan Times</em>, Gurshabad Grover critically analysed <strong>the confidentiality requirement embedded within Section 69A of the IT Act</strong> and argued how this leads to internet users in India experiencing arbitrary censorship (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/j75HVdd7j4huKQd0kP9lusNpz1ZL0CxXMEWeySOhsQZbcKECrEKfaq52LlB-QjnT1TIB1mjqhB0TyweA7rLCq41Rd_6uyBUo8-Uc4iHiHSXYxC06rhW7o7ZFtCt7bKdNldDWkoMhSD7x0daAhzcSdLSPbNBRSy1HkGEGZ7Z_11tovlleodez9gm60zyvkGNM1YMQSLZ4NZ0k8RD2zncGPoWXjsytI4YwnQyy_QZNSKOSdY2_X6GoVSugRZhmyWwWCpHpk-yDM7XJ0OF4GZlTUSgfhcfftJEGBlQlkQ" target="_blank">link</a>).</li><li>Torsha Sarkar, along with Sarvjeet Singh of the Centre for Communication Governance (CCG), spoke to <em>Medianama</em> delineating the <strong>procedural aspects of section 69A of the IT Act </strong>(<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/QAWrguo8Vx6X1PsmbTvCTYQ6U6nycGdSRg9gfDYFTRxUAa82nB6gYpuPyEE3VztSJzG2888ua224upBlg-k9Tu29TZdhl3ET71WwsKUfKxdyUPkLiY1A4jSD1p59sH0KXlQBqU10H38gDFHZ5WVsMCwZXLTISv9SvXIRx7Vu59U4HBV-hhB3BSpe_SApQnHQgPN0BIl0g852jSINvTI6Bh5HGNTWZ3nQWRn5H1vShoG4Q3VcZBWfewbc" target="_blank">link</a>).</li><li>Arindrajit Basu spoke to the <em>Times of India</em> about the <strong>geopolitical and regulatory implications</strong> of the Indian government’s move to ban fifty-nine Chinese applications from India (<a href="https://4jok2.r.ag.d.sendibm3.com/mk/cl/f/lICwdbQnezwqQKZHQ_Xso6Qp7735jleiJJJI88DgKZx348ewlSRWU1uFyEbtMwZOoJRS5MjHbX9KgklFrlc-jKTXKL2S4K5aCXEU2isCuFhwORAz_DnnBai7nr2pyiK0HmM0Eb3AD_JyTUwWtg9O6c0jV0Nf8cbTuT3FD7WypVO_NWUJ_GZVo7er10LMUXE_1EP_d2nh2uziuXXmM1JV-9NN6klSATsLa_tprf0bDNbNa_U4DHMm6oQvXFfVHj74jRhq3nKDkCzQeQZ_SRMxNNqIUIN5aMLGbQfBAziZ_E3hIYp-ptOQ7Y2cqF_4eiYdY20tBm5ltySmFBQQi5_nFQ" target="_blank">link</a>).</li></ol>
</div>
</div>
</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/mapping-web-censorship-net-neutrality-violations'>https://cis-india.org/internet-governance/blog/mapping-web-censorship-net-neutrality-violations</a>
</p>
No publisherpranavFreedom of Speech and ExpressionNet NeutralityInternet Governanceinternet governanceCensorship2020-10-05T07:59:47ZBlog EntryFundamental Right to Privacy — Three Years of the Puttaswamy Judgment
https://cis-india.org/internet-governance/blog/fundamental-right-to-privacy-three-years-of-the-puttaswamy-judgment
<b></b>
<p id="docs-internal-guid-bf702073-7fff-fb00-21f6-28515e6faf55" dir="ltr"> </p>
<p dir="ltr">Today marks three years since the Supreme Court of India recognised the fundamental right to privacy, but the ideals laid down in the Puttaswamy Judgment are far from being completely realized. Through our research, we invite you to better understand the judgment and its implications, and take stock of recent issues pertaining to privacy. </p>
<ol><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">Amber Sinha dissects the Puttaswamy Judgment through an analysis of the sources, scope and structure of the right, and its possible limitations. [<a href="https://cis-india.org/internet-governance/blog/the-fundamental-right-to-privacy-an-analysis">link</a>]</p>
</li></ol>
<ol start="2"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">Through a visual guide to the fundamental right to privacy, Amber Sinha and Pooja Saxena trace how courts in India have viewed the right to privacy since Independence, explain how key legal questions were resolved in the Puttaswamy Judgement, and provide an account of the four dimensions of privacy — space, body, information and choice — recognized by the Supreme Court. [<a href="https://cis-india.org/internet-governance/files/amber-sinha-and-pooja-saxena-the-fundamental-right-to-privacy-a-visual-guide/view">link</a>]</p>
</li></ol>
<ol start="3"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">Based on publicly available submissions, press statements, and other media reports, Arindrajit Basu and Amber Sinha track the political evolution of the data protection ecosystem in India, on EPW Engage. They discuss how this has, and will continue to impact legislative and policy developments. [<a href="https://www.epw.in/engage/article/politics-indias-data-protection-ecosystem">link</a>] </p>
</li></ol>
<ol start="4"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">For the AI Policy Exchange, Arindrajit Basu and Siddharth Sonkar examine the Automated Facial Recognition Systems (AFRS), and define the key legal and policy questions related to privacy concerns around the adoption of AFRS by governments around the world. [<a href="https://aipolicyexchange.org/2019/12/26/decrypting-automated-facial-recognition-systems-afrs-and-delineating-related-privacy-concerns/">link</a>]</p>
</li></ol>
<ol start="5"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">Over the past decade, reproductive health programmes in India have been digitising extensive data about pregnant women. In partnership with Privacy International, we studied the Mother and Child Tracking system (MCTS), and Ambika Tandon presents the impact on the privacy of mothers and children in the country. [<a href="https://cis-india.org/internet-governance/blog/privacy-international-ambika-tandon-october-17-2019-mother-and-child-tracking-system-understanding-data-trail-indian-healthcare">link</a>] </p>
</li></ol>
<ol start="6"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">While the right to privacy can be used to protect oneself from state surveillance, Mira Swaminathan and Shubhika Saluja write about the equally crucial problem of lateral surveillance — surveillance that happens between individuals, and within neighbourhoods, and communities — with a focus on this issue during the COVID-19 crisis. [<a href="https://cis-india.org/internet-governance/blog/essay-watching-corona-or-neighbours-introducing-2018lateral-surveillance2019-during-covid201919">link</a>]</p>
</li></ol>
<ol start="7"><li style="list-style-type: decimal;" dir="ltr">
<p dir="ltr">Finally, take a dive into the archives of the Centre for Internet and Society to read our work, which was cited in the Puttaswamy judgment — essays by Ashna Ashesh, Vidushi Marda and Bhairav Acharya that displaced the notion that privacy is inherently a Western concept, by attempting to locate the constructs of privacy in Classical Hindu [<a href="https://cis-india.org/internet-governance/blog/loading-constructs-of-privacy-within-classical-hindu-law">link</a>], and Islamic Laws [<a href="https://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law">link</a>]; and Acharya’s article in the Economic and Political Weekly, which highlighted the need for privacy jurisprudence to reflect theoretical clarity, and be sensitive to unique Indian contexts [<a href="https://cis-india.org/internet-governance/blog/economic-and-political-weekly-bhairav-acharya-may-30-2015-four-parts-of-privacy-in-india">link</a>]. </p>
</li></ol>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/fundamental-right-to-privacy-three-years-of-the-puttaswamy-judgment'>https://cis-india.org/internet-governance/blog/fundamental-right-to-privacy-three-years-of-the-puttaswamy-judgment</a>
</p>
No publisherpranavinternet governanceInternet GovernancePrivacy2020-08-24T07:46:10ZBlog Entry Comments on NITI AAYOG Working Document: Towards Responsible #AIforAll
https://cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall
<b>The NITI Aayog Working Document on Responsible AI for All released on 21st July 2020 serves as a significant statement of intent from NITI Aayog, acknowledging the need to ensure that any conception of “Responsible AI” must fulfill constitutional responsibilities, incorporated through workable principles. However, as it is a draft document for discussion, it is important to highlight next steps for research and policy levers to build upon this report.</b>
<div> </div>
<div>Read our comments in their entirety <a href="https://cis-india.org/internet-governance/comments-to-aiforall-pdf" class="internal-link" title="Comments to AIForAll pdf">here</a>.</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall'>https://cis-india.org/internet-governance/blog/comments-on-niti-aayog-working-document-towards-responsible-aiforall</a>
</p>
No publisherShweta Mohandas, Arindrajit Basu and Ambika Tandoninternet governanceInternet GovernanceArtificial Intelligence2020-08-18T06:25:18ZBlog EntryInvestigating TLS blocking in India
https://cis-india.org/internet-governance/blog/investigating-tls-blocking-in-india
<b>A study into Transport Layer Security (TLS)-based blocking by three popular Indian ISPs: ACT Fibernet, Bharti Airtel and Reliance Jio.</b>
<p> </p>
<p>Gurshabad Grover and Kushgra Singh collaborated with Simone Basso (OONI) to investigate TLS-based blocking in India. The research report was published on <a class="external-link" href="https://ooni.org/post/2020-tls-blocking-india/">OONI's blog</a>. It was edited and reviewed by Maria Xynou and Arturo Filastò.</p>
<hr />
<h2>Summary</h2>
<p>This report investigates Transport Layer Security
(<a href="https://en.wikipedia.org/wiki/Transport_Layer_Security">TLS</a>)-based
blocking in India. <a href="https://cis-india.org/internet-governance/blog/reliance-jio-is-using-sni-inspection-to-block-websites">Previous
research</a>
by the <a href="https://cis-india.org/">Centre for Internet &
Society, India</a> (CIS) has already
exposed TLS blocking based on the value of the <a href="https://en.wikipedia.org/wiki/Server_Name_Indication">SNI
field</a>.
OONI has also <a href="https://ooni.org/post/2020-iran-sni-blocking/">implemented and started
testing</a>
SNI-based TLS blocking measurements.</p>
<p>Recently, the Magma Project
<a href="https://blog.magma.lavafeld.org/post/women-on-web-blocking/">documented</a>
cases where CIS India and OONI’s methodologies could be improved. They
specifically found that blocking sometimes appears to depend not only on
the value of the SNI field but also on the address of the web server
being used. These findings were later confirmed by OONI measurements in
<a href="https://ooni.org/post/2020-engine-evaluation-spain">Spain</a>
and <a href="https://ooni.org/post/2020-iran-dot/">Iran</a> through
the use of an extended measurement methodology.</p>
<p>We were therefore curious to see whether such an extended methodology
would discover further cases of TLS blocking in India. To answer this
research question we ran experiments on the networks of three popular
Indian Internet Service Providers (ISPs) (<a href="https://ipinfo.io/AS24309">ACT
Fibernet</a>, <a href="https://ipinfo.io/AS45609">Bharti
Airtel</a>, and <a href="https://ipinfo.io/AS55836">Reliance
Jio</a>) which account for <a href="https://trai.gov.in/sites/default/files/PIR_08012020_0.pdf">over
70% of the internet subscribers in
India</a>.</p>
<p>We recorded SNI-based blocking on both Bharti Airtel and Reliance Jio.
We also discovered that Reliance Jio blocks TLS traffic not just based
on the SNI value, but also on the web server involved with the TLS
handshake. Moreover, we noticed that ACT Fibernet’s DNS resolver directs
users towards servers owned by ACT Fibernet itself. Such servers caused
the TLS handshake to fail, but the root cause of censorship was the DNS.</p>
<p>We also document that one of the endpoints we tested,
<code>collegehumor.com:443</code>, does not allow establishing TCP connection from
several vantage points and control measurements. Yet, in Reliance Jio,
we see cases where the connections to such endpoints complete
successfully and a timeout occurs during the TLS handshake. We believe
this is caused by some kind of proxy that terminates the TCP connection
and performs the TLS handshake.</p>
<hr />
<p>Read the full research report on <a class="external-link" href="https://ooni.org/post/2020-tls-blocking-india/">OONI's blog</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/investigating-tls-blocking-in-india'>https://cis-india.org/internet-governance/blog/investigating-tls-blocking-in-india</a>
</p>
No publisherSimone Basso, Gurshabad Grover and Kushagra SinghProtocolsInternet GovernanceCensorship2020-07-09T01:23:43ZBlog EntryTowards Algorithmic Transparency
https://cis-india.org/internet-governance/blog/towards-algorithmic-transparency
<b>This policy brief examines the issue of transparency as a key ethical component in the development, deployment, and use of Artificial Intelligence.</b>
<p> </p>
<p>This brief proposes a framework that seeks to overcome the challenges in preserving transparency when dealing with machine learning algorithms, and suggests solutions such as the incorporation of audits, and ex ante approaches to building interpretable models right from the design stage. Read the full report <a href="https://cis-india.org/internet-governance/algorithmic-transparency-pdf" class="internal-link" title="Algorithmic Transparency PDF">here</a>.</p>
<p> </p>
<p> </p>
<p>The Regulatory Practices Lab at CIS aims to produce regulatory policy
suggestions focused on India, but with global application, in an agile
and targeted manner and to promote transparency around practices
affecting digital rights. <br />The Regulatory Practices Lab is supported by Google and Facebook.<br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/towards-algorithmic-transparency'>https://cis-india.org/internet-governance/blog/towards-algorithmic-transparency</a>
</p>
No publisherRadhika Radhakrishnan, and Amber SinhaRegulatory Practices LabInternet GovernanceFeaturedAlgorithmsinternet governanceTransparencyArtificial Intelligence2020-07-15T13:16:44ZBlog EntryAfter the Lockdown
https://cis-india.org/internet-governance/blog/after-the-lockdown
<b></b>
<div>
<p>This post was first published in the <a class="external-link" href="https://www.business-standard.com/article/opinion/after-the-lockdown-120040200010_1.html">Business Standard</a>, on April 2, 2020.</p>
<p> </p>
</div>
<div> </div>
<div>
This is a time when, as
the authorities deal with a lockdown, there needs to be an equal
emphasis on providing for large numbers of people without the money for
food and necessities, while the rest of us wait it out. Hard as it is,
an MIT scholar writes that after the Spanish flu in 1918, cities that
restricted public gatherings sooner and longer had fewer fatalities, and
emerged with stronger economic growth.<a href="https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4" target="_blank"><strong>1</strong></a> It
is likely that costs and benefits vary with economic and social
capacity, and we may have a harder time with it here. Going forward,
government action to help provide relief, rehabilitate people and deal
with loss needs to be well planned, including targeting aid to the urban
and displaced poor.<strong><a href="https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/" target="_blank">2</a></strong></div>
<div>
As important now as to
ensure the lockdown continues is to plan on how to revive productive
activity and the economy, and restore public confidence. A systematic
approach will likely yield better results.</div>
<div>
A major element of the
recovery plan is steps such as liberal credit and amortisation terms,
perhaps much more than the three-month extension the Reserve Bank of
India (RBI) has announced. A primary purpose is the re-initiation of
large-scale activities such as construction, of which there are
reportedly about 200,000 large projects around the country. These have
to be nursed back to being going concerns. The RBI may need to consider
doing more, including lowering rates.</div>
<div>
An ominous development
that has grown as the economy slowed is financial stress that could
swell non-performing assets (NPAs). At the half-year ending September
2019, about half of non-financial large corporations in India, excluding
telecom, showed financial stress (<em>see table</em>).</div>
<div> </div>
<a style="text-align: center;" href="https://1.bp.blogspot.com/-LUGInMPm0qA/XoX9HV4-HBI/AAAAAAAAHio/bpAUXcOxJ2AZ3mHTisIdMGLnbon7r5YpQCLcBGAsYHQ/s1600/Indebted%2BFirms-Likely%2BFinancial%2BHeadwinds-Krishna%2BKant-BS.jpg"><img src="https://1.bp.blogspot.com/-LUGInMPm0qA/XoX9HV4-HBI/AAAAAAAAHio/bpAUXcOxJ2AZ3mHTisIdMGLnbon7r5YpQCLcBGAsYHQ/s320/Indebted%2BFirms-Likely%2BFinancial%2BHeadwinds-Krishna%2BKant-BS.jpg" alt="null" height="320" width="205" /></a>
<p> </p>
<p>Source: Krishna Kant: "Coronavirus shutdown puts Rs 15-trillion debt at risk, to impact finances", BS, March 30, 2020:</p>
<div><a href="https://www.business-standard.com/article/markets/coronavirus-shutdown-puts-rs-15-trillion-debt-at-risk-to-impact-finances-120032901036_1.html">https://www.business-standard.com/article/markets/coronavirus-shutdown-puts-rs-15-trillion-debt-at-risk-to-impact-finances-120032901036_1.html</a></div>
<p> </p>
<div>
These include some of
India’s largest companies, producing power, steel, and chemicals. The
201 companies have total debt of nearly Rs 15 trillion, more than half
of all borrowings. There is also the debt overhang of the National
Highways Authority of India, and of the telecom companies. Ironically,
the telecom companies are our lifeline now, despite having nearly
collapsed under debt because of ill-advised policies in the past, which
have still not changed. Perhaps our obvious dependence telecom services
now will spark well conceived, convergent policies for this sector, so that we can function effectively. </div>
<div>
A start with immediate
changes in administrative rules for 60GHz, 70-80GHz, and 500-700MHz
wireless use, modelled on the US FCC regulations as was done for the
5GHz Wi-Fi in October 2018, could change the game. It will provide the
opportunity in India for the innovation of devices, their production,
and use, possibly unleashing this sector. This can help offset our
reliance on imported technology and equipment. However, such changes in
policies and purchasing support have eluded us thus far. Now, the only
way our high-technology manufacturers can thrive is to succeed
internationally, in order to be able to sell to the domestic market.
Imagine how hard that might be, and you begin to get an inkling of why
we have few domestic product champions, struggling against odds in areas
such as optical switches, networking equipment, and wireless devices.
For order-of-magnitude change, however, structural changes need to be
worked out in consultation with operators in the organisation of
services through shared infrastructure.</div>
<div> </div>
<p>For the longer term, a fundamental
reconsideration for allocating resources is needed through coherent,
orchestrated policy planning and support. What the government can do as a
primary responsibility, besides ensuring law and order and security, is
to develop our inadequate and unreliable infrastructure, including
facilities and services that enable efficient production clusters, their
integrated functioning, and skilling. For instance, Apple’s recent
decision against moving iPhone production
from China to India was reportedly because similar large facilities
(factories of 250,000) are not feasible here, and second, our logistics
are inadequate. Such considerations should be factored into our
planning, although Apple may well have to revisit the very
sustainability of the concept of outsize facilities that require the
sort of repressive conditions prevailing in China. However, we need not
aim for building unsustainable mega-factories. Instead, a more practical
approach may be to plan for building agglomerations of smaller,
sustainable units, that can aggregate their activity and output
effectively and efficiently. Such developments could form the basis of
numerous viable clusters, and where possible, capitalise on existing
incipient clusters of activities. Such infrastructure needs to be
extended to the countryside for agriculture and allied activities as
well, so that productivity increases with a change from rain-fed,
extensive cultivation to intensive practices, with more controlled
conditions.</p>
<p>The automotive industry,
the largest employer in manufacturing, provides an example for other
sectors. It was a success story like telecom until recently, but is now
floundering, partly because of inappropriate policies, despite its
systematic efforts at incorporating collaborative planning and working
with the government. It has achieved the remarkable transformation of
moving from BS-IV to BS-VI emission regulations in just three years,
upgrading by two levels with an investment of Rs 70,000 crore, whereas
European companies have taken five to six years to upgrade by one level.
This has meant that there was no time for local sourcing, and therefore
heavy reliance on global suppliers, including China. While the
collaborative planning model adopted by the industry provides a model
for other sectors, the question here is, what now. In a sense, it was
not just the radical change in market demand with the advent of
ridesharing and e-vehicles, but also the government’s approach to
policies and taxation that aggravated its difficulties.</p>
<div>
Going forward, policies
that are more congruent in terms of societal goals, including employment
that support the development of large manufacturing opportunities, need
to be thought through from a perspective of aligning and integrating
objectives (in this case, transportation). Areas such as automotive and
other industries for the manufacture of road and rail transport vehicles
need to be considered from the perspective of reconfiguring the
purpose, flow, and value-added, to achieve both low-cost, accessible
mass transport, and vehicles for private use that complement
transportation objectives as also employment and welfare.</div>
<div>
Systematic and convergent planning and implementation across sectors could help achieve a better revival.</div>
<div> </div>
<div>
Shyam (no space) Ponappa at gmail dot com</div>
<div>
<em>1: <a href="https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4">https://www.reuters.com/article/us-health-coronavirus-usa-reopen-analysi/the-u-s-weighs-the-grim-math-of-death-vs-the-economy-idUSKBN21H1B4</a></em></div>
<div>
<em>2: <a href="https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/">https://www.financialexpress.com/opinion/the-coronavirus-lockdown-and-indias-urban-vulnerables/1915316/</a></em></div>
<p> </p>
<div class="column-right-outer">
<div class="column-right-inner">
<table class="section-columns columns-2">
<tbody>
<tr>
<td class="first columns-cell"><br /></td>
<td class="columns-cell"><br /></td>
</tr>
</tbody>
</table>
</div>
</div>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/after-the-lockdown'>https://cis-india.org/internet-governance/blog/after-the-lockdown</a>
</p>
No publisherShyam PonappaTelecominternet governanceInternet Governance2020-04-09T10:05:49ZBlog Entry India’s ‘Self-Goal’ in Telecom
https://cis-india.org/internet-governance/indias-self-goal-in-telecom
<b></b>
<p> </p>
<p>This post was first published in the <a class="external-link" href="https://www.business-standard.com/article/opinion/india-s-self-goal-in-telecom-120030500019_1.html">Business Standard</a>, on March 5, 2020.</p>
<p> </p>
<p> </p>
<p> </p>
<p>The government apparently cannot resolve the problems in telecommunications. Why? Because the authorities are trying to balance the Supreme Court order on Adjusted Gross Revenue (AGR), with keeping the telecom sector healthy, while safeguarding consumer interest. These irreconcilable differences have arisen because both the United Progressive Alliance and the National Democratic Alliance governments prosecuted unreasonable claims for 15 years, despite adverse rulings! This imagined “impossible trinity” is an entirely self-created conflation.<br />If only the authorities focused on what they can do for India’s real needs instead of tilting at windmills, we’d fare better. Now, we are close to a collapse in communications that would impede many sectors, compound the problem of non-performing assets (NPAs), demoralise bankers, increase unemployment, and reduce investment, adding to our economic and social problems.<br />Is resolving the telecom crisis central to the public interest? Yes, because people need good infrastructure to use time, money, material, and mindshare effectively and efficiently, with minimal degradation of their environment, whether for productive purposes or for leisure. Systems that deliver water, sanitation, energy, transport and communications support all these activities. Nothing matches the transformation brought about by communications in India from 2004 to 2011 in our complex socio-economic terrain and demography. Its potential is still vast, limited only by our imagination and capacity for convergent action. Yet, the government’s dysfunctional approach to communications is in stark contrast to the constructive approach to make rail operations viable for private operators.<br />India’s interests are best served if people get the services they need for productivity and wellbeing with ease, at reasonable prices. This is why it is important for government and people to understand and work towards establishing good infrastructure.<br /><br /></p>
<h2>What the Government Can Do</h2>
<p><br />An absolute prerequisite is for all branches of government (legislative, executive, and judicial), the press and media, and society, to recognise that all of us must strive together to conceptualise and achieve good infrastructure. It is not “somebody else’s job”, and certainly not just the Department of Telecommunications’ (DoT’s). The latter cannot do it alone, or even take the lead, because the steps required far exceed its ambit.<br /><br /></p>
<h3>Act Quickly</h3>
<p><br />These actions are needed immediately:<br /><br />First, annul the AGR demand using whatever legal means are available. For instance, the operators could file an appeal, and the government could settle out of court, renouncing the suit, accepting the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) ruling of 2015 on AGR.<br /><br />Second, issue an appropriate ordinance that rescinds all extended claims. Follow up with the requisite legislation, working across political lines for consensus in the national interest.<br /><br />Third, take action to organise and deliver communications services effectively and efficiently to as many people as possible. The following steps will help build and maintain more extensive networks with good services, reasonable prices, and more government revenues.<br /><br /><br /><br /></p>
<h3>Enable Spectrum Usage on Feasible Terms</h3>
<p><br /><strong>Wireless regulations</strong><br /><br />It is infeasible for fibre or cable to reach most people in India, compared with wireless alternatives. Realistically, the extension of connectivity beyond the nearest fibre termination point is through wireless middle-mile connections, and Wi-Fi for most last-mile links. The technology is available, and administrative decisions together with appropriate legislation can enable the use of spectrum immediately in 60GHz, 70-80GHz, and below 700MHz bands to be used by authorised operators for wireless connectivity. The first two bands are useful for high-capacity short and medium distance hops, while the third is for up to 10 km hops. The DoT can follow its own precedent set in October 2018 for 5GHz for Wi-Fi, i.e., use the US Federal Communications Commission regulations as a model.1 The one change needed is an adaptation to our circumstances that restricts their use to authorised operators for the middle-mile instead of open access, because of the spectrum payments made by operators. Policies in the public interest allowing spectrum use without auctions do not contravene Supreme Court orders.<br /><strong><br />Policies: Revenue sharing for spectrum</strong><br /><br />A second requirement is for all licensed spectrum to be paid for as a share of revenues based on usage as for licence fees, in lieu of auction payments. Legislation to this effect can ensure that spectrum for communications is either paid through revenue sharing for actual use, or is open access for all Wi-Fi bands. The restricted middle-mile use mentioned above can be charged at minimal administrative costs for management through geo-location databases to avoid interference. In the past, revenue-sharing has earned much more than up-front fees in India, and rejuvenated communications.2 There are two additional reasons for revenue sharing. One is the need to manufacture a significant proportion of equipment with Indian IPR or value-added, to not have to rely as much as we do on imports. This is critical for achieving a better balance-of-payments, and for strategic considerations. The second is to enable local talent to design and develop solutions for devices for local as well as global markets, which is denied because it is virtually impossible for them to access spectrum, no matter what the stated policies might claim.</p>
<p><strong>Policies and Organisation for Infrastructure Sharing</strong><br /><br />Further, the government needs to actively facilitate shared infrastructure with policies and legislation. One way is through consortiums for network development and management, charging for usage by authorised operators. At least two consortiums that provide access for a fee, with government’s minority participation in both for security and the public interest, can ensure competition for quality and pricing. Authorised service providers could pay according to usage.<br />Press reports of a consortium approach to 5G where operators pay as before and the government “contributes” spectrum reflect seriously flawed thinking.3 Such extractive payments with no funds left for network development and service provision only support an illusion that genuine efforts are being made to the ill-informed, who simultaneously rejoice in the idea of free services while acclaiming high government charges (the two are obviously not compatible).<br />Instead of tilting at windmills that do not serve people’s needs while beggaring their prospects, commitment to our collective interests requires implementing what can be done with competence and integrity.<br /><br />Shyam (no space) Ponappa at gmail dot com<br />1. https://dot.gov.in/sites/default/files/2018_10_29%20DCC.pdf<br />2. http://organizing-india.blogspot.in/2016/04/ breakthroughs- needed-for-digital-india.html<br />3. https://www.business-standard.com/article/economy-policy/govt-considering-spv-with-5g-sweetener-as-solution-to-telecom-crisis-120012300302_1.html</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/indias-self-goal-in-telecom'>https://cis-india.org/internet-governance/indias-self-goal-in-telecom</a>
</p>
No publisherShyam PonappaTelecominternet governanceInternet Governance2020-04-09T07:18:26ZBlog Entry‘Future of Work’ in India’s IT/IT-es Sector
https://cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector
<b>The Centre for Internet and Society has recently undertaken research into the impact of Industry 4.0 on work in India. Industry 4.0, for the purposes of the research, is conceptualised as the technical integration of cyber physical systems (CPS) into production and logistics and the use of the ‘internet of things’ (connection between everyday objects) and services in (industrial) processes. By undertaking this research, CIS seeks to complement and contribute to the discourse and debates in India around the impact of Industry 4.0. In furtherance of the same, this report seeks to explore several key themes underpinning the impact of Industry 4.0 specifically in the IT/IT-es sector and broadly on the nature of work itself.</b>
<p> </p>
<h4>Read the complete case-study here: <a href="https://cis-india.org/internet-governance/2018future-of-work2019-in-india2019s-it-it-es-sector-pdf" class="internal-link" title="‘Future of Work’ in India’s IT/IT-eS Sector pdf">Download</a> (PDF)</h4>
<hr />
<h3><strong>Introduction</strong></h3>
<p>Scholarship on 'Industry 4.0' that has emerged globally has sought to address the challenges of technological forecasting as it relates to work in varied forms. For instance, the Frey-Osborne methods examine characteristic tasks of each occupation and suggest that almost half of all jobs in the United States and other advanced countries are at risk of being substituted by computers or algorithms within the next 10 to 20 years. [1] On the other hand, scholars such as Autor and Handel as well as research produced by OECD on this subject argue that occupations as a whole are unlikely to be automated as there is great variability in the tasks within each occupation. [2] Existing literature on the impact on jobs in the IT sector in India too have arrived at mixed conclusions. Reports have raised concerns about job loss in the sector as a result of automation [3] whilst it has also been reported that employment from the IT sector reached 3.86 million in 2016-17 and an addition of around 105,000 was witnessed in FY18 itself. [4]</p>
<p>In this context, it is crucial to start by developing an understanding of which technologies are at the forefront of bringing in Industry 4.0. Such an understanding will further help understand which jobs, and more specifically, job functions are at the greatest risk of being replaced by automation technologies. To further contextualise the impact, it is imperative to develop a comprehensive understanding of how job functions are organised within the sector itself. This becomes especially relevant with the emphasis Industry 4.0 places on the horizontal and vertical integration of the various technologies constituting Industry 4.0. [5]</p>
<p>It is anticipated that to stay ahead of the curve of ‘technological unemployment’ there will be significant skilling and re-skilling challenges to enable new talent addition around emerging job roles. [6] The skilling challenge gains enhanced importance in the broader context of nurturing an inclusive digital economy. [7] This is particularly relevant in the context of female labour force participation, since it has been predicted that job creation will be concentrated in sectors where females are underrepresented and difficult to retain, while sectors with higher female participation, such as secretarial work, will undergo job loss. [8]</p>
<p>However, it is not clear how these trends will play out in the future, particularly because other structural changes are taking place simultaneously (such as globalisation and protectionism, demographic change, policy making, technological adoption etc.).</p>
<h3><strong>Objective and Scope</strong></h3>
<p>This research seeks to contribute to existing studies and dialogue on the impact and effect of industry 4.0 on work in the Information Technology services (IT) sector in India. Though the research focuses on the impact of technologies that comprise Industry 4.0, such technologies are frequently interchanged with the words ‘automation’ and ‘digitisation’. Thus, the desk research also examines the impact of ‘automation’ and ‘digitisation’ on the IT sector in India. The case study looks atthe IT sector broadly and where applicable, calls out information specific to sub-sectors such as IT enabled services (IT-eS) or Business Process Management (IT-BPM). The IT sector in India is uniquely placed; it is producing the technologies that are disrupting work in other industries as well as implementing them internally. This report focuses on the latter, but brings into context the former when relevant to work in the sector.</p>
<p>By drawing out trends and providing an analysis of contextual, quantitative and qualitative data on changes to work and labour markets in India as a result of technological uptake, it is anticipated that comparative research can be enabled by creating a framework that can be replicated in other, particularly developing, contexts.</p>
<p> </p>
<h3><strong>References</strong></h3>
<p>[1] Carl Benedikt Frey and Michael A. Osborne, 2013. The future of employment: How susceptible are jobs to computerisation?, Oxford Martin School, September.</p>
<p>[2] See David H. Autor & Michael J. Handel, 2013. “Putting Tasks to the Test: Human Capital, Job Tasks, and Wages,” Journal of Labor Economics, University of Chicago Press, Vol. 31(S1), pages S59 -S96. See also: Future of Work and Skills, The Organisation for Economic Co-operation and Development, February 2017.</p>
<p>[3] Business Today, AI, automation will cost 7 lakh IT jobs by 2022, says report. (November 7, 2017) Retrieved <a href="https://www.businesstoday.in/sectors/it/ai-and-automation-to-cost-7-lakh-it-jobs-by-2022-says-report/story/259880.html">https://www.businesstoday.in/sectors/it/ai-and-automation-to-cost-7-lakh-it-jobs-by-2022-says-report/story/259880.html</a></p>
<p>[4] Advantage India, India Brand Equity Foundation. Retrieved <a href="https://www.ibef.org/download/IT-ITeS-Report-Apr-2018.pdf">https://www.ibef.org/download/IT-ITeS-Report-Apr-2018.pdf</a></p>
<p>[5] Embracing Industry 4.0 -and Rediscovering Growth, Boston Consulting Group. Retrieved <a href="https://www.bcg.com/capabilities/operations/embracing-industry-4.0-rediscovering-growth.aspx">https://www.bcg.com/capabilities/operations/embracing-industry-4.0-rediscovering-growth.aspx</a></p>
<p>[6] India’s Readiness for Industry 4.0 -A Focus on Automotive Sector, Grant Thorton and Confederation of Indian Industry. Retrieved <a href="http://www.nasscom.in/sites/default/files/NASSCOM_Annual_Guidance_Final_22062017.pdf">http://www.nasscom.in/sites/default/files/NASSCOM_Annual_Guidance_Final_22062017.pdf</a></p>
<p>[7] G20 Insights, Bridging the digital divide: Skills for the new age., Retrieved <a href="http://www.g20-insights.org/policy_briefs/bridging-digital-divide-skills-new-age/">http://www.g20-insights.org/policy_briefs/bridging-digital-divide-skills-new-age/</a></p>
<p>[8] World Economic Forum, The Future of Jobs -Employment, Skills and Workforce Strategy for the Fourth Industrial Revolution, (January 2016).</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector'>https://cis-india.org/internet-governance/blog/future-of-work-in-india-it-it-es-sector</a>
</p>
No publisherAayush Rathi and Elonnai HickokFuture of Workinternet governanceInternet Governance2020-04-28T09:52:59ZBlog EntryRBI Ban on Cryptocurrencies not backed by any data or statistics
https://cis-india.org/internet-governance/blog/rbi-ban-on-cryptocurrencies-not-backed-by-any-data-or-statistics
<b>In March 2020, the Supreme Court of India quashed the RBI order passed in 2018 that banned financial services firms from trading in virtual currency or cryptocurrency.
Keeping this policy window in mind, the Centre for Internet & Society will be releasing a series of blog posts and policy briefs on cryptocurrency regulation in India
</b>
<p id="docs-internal-guid-9ddef591-7fff-b8f5-3c20-c4a78d53d066" style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">On April 6, 2018 <a href="https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11243&Mode=0">the RBI issued a circular</a> preventing all Commercial and Co-operative Banks, Payments Banks, Small Finance Banks, NBFCs, and Payment System Providers not only from dealing in virtual currencies themselves but also directing them to stop providing services to all entities which deal with virtual currencies. The RBI had issued a Press Release cautioning the public against dealing in virtual currencies including Bitcoin in 2013. However, the growing popularity of cryptocurrencies and its adoption by large numbers of Indian users, may have been the reason which forced the RBI to issue another Press Release in February 2017 reiterating its earlier concerns regarding cryptocurrencies raised in its earlier circular of 2013. In December 2017 both the RBI as well as the Ministry of Finance issued Press Releases cautioning the general public about the dangers and risks associated with cryptocurrencies, finally culminating in the circular dated April 6, 2018 banning financial institutions from dealing with cryptocurrency traders. As a result of this circular the operations of cryptocurrency exchanges took a severe hit and the number of transactions on these exchanges reduced substantially. The cryptocurrency market in India all but disappeared with only a few extremely determined enthusiasts still dealing in cryptocurrencies, at the risk of potentially depriving themselves of banking services altogether.</p>
<p style="text-align: justify;" dir="ltr">The RBI circular was challenged in the Supreme Court by the Internet and Mobile Association of India; final arguments in the case were concluded only in the last week of January, 2020 with the judgment of the Supreme Court being awaited. Generally speaking, whenever such policy decisions of the executive branch are challenged in the courts, a well accepted defense for the executive authorities, specifically in highly complicated fields such as finance, etc. is that the decision was taken by an expert body using its expertise in the field. The basic rationale underlying this argument is that the authority has relied on verifiable data and used its expertise to analyse the same in order to arrive at its decision.</p>
<p style="text-align: justify;" dir="ltr">However, it appears from the response by the RBI to an RTI query by Centre for Internet and Society, that requested the RBI for a copy of all reports, papers, opinions and advice that was relied upon for issuing the April 6, 2018 circular, that the RBI has not relied upon any such data to come to a conclusion that banking services should be denied to all those entities dealing in cryptocurrencies. It appears from the response to the RTI query that it was the RBI’s own previous circulars and press releases which formed the basis for the April 6, 2018 circular. This response completely undermines the argument that the decision by the RBI was taken after an analysis of all the facts and statistics concerned with cryptocurrency trading.</p>
<p style="text-align: justify;" dir="ltr">Not only does the RTI response weaken the commonly accepted defense of an expert body making a well-reasoned decision, but it also strengthens another legal ground for challenging the decision of the RBI, viz. arbitrariness. One of the grounds on which executive decisions can be challenged is that the decision was made without taking into account relevant material and without the application of mind. The admission by the RBI in its RTI response that there is no material relied upon by the RBI, except its own previous Press Releases, only strengthens the argument that the decision was made in an arbitrary manner.</p>
<p style="text-align: justify;" dir="ltr">Such an admission by the RBI regarding the process followed before issuing the April 6, 2018 circular reduces the credibility of the decision itself. However it remains to be seen whether the Supreme Court of India agrees with the arguments of the petitioners challenging the April 6, 2018 circular, even though the petitioners may not have been able to produce this RTI response from the RBI to further bolster their case.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/rbi-ban-on-cryptocurrencies-not-backed-by-any-data-or-statistics'>https://cis-india.org/internet-governance/blog/rbi-ban-on-cryptocurrencies-not-backed-by-any-data-or-statistics</a>
</p>
No publishervipulCybersecurityinternet governanceBitcoinInternet GovernanceCryptocurrenciesCyber Security2020-03-05T18:35:48ZBlog EntryCryptocurrency Regulation in India – A brief history
https://cis-india.org/internet-governance/blog/cryptocurrency-regulation-in-india-2013-a-brief-history
<b>In March 2020, the Supreme Court of India quashed the RBI order passed in 2018 that banned financial services firms from trading in virtual currency or cryptocurrency.
Keeping this policy window in mind, the Centre for Internet & Society will be releasing a series of blog posts and policy briefs on cryptocurrency regulation in India
</b>
<p id="docs-internal-guid-18286fb9-7fff-c656-6a5b-a01a2e2b3682" style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">The story of cryptocurrencies
started in 2008 when a paper titled “Bitcoin: A Peer to Peer Electronic
Cash System” was published by a single or group of pseudonymous
developer(s) by the name of Satoshi Nakamoto. The actual network took
some time to start with the first transactions taking place only in
January 2009. The first actual sale of an item using Bitcoin took place a
year later with a user swapping 10,000 Bitcoin for two pizzas in 2010,
which attached a cash value to the cryptocurrency for the first time. By
2011 other cryptocurrencies began to emerge, with Litecoin, Namecoin
and Swiftcoin all making their debut. Meanwhile, Bitcoin the
cryptocurrency that started it all started getting criticised after
claims emerged that it was being used on the so-called “dark web”,
particularly on sites such as Silk Road as a means of payment for
illegal transactions. Over the next five years cryptocurrencies steadily
gained traction with increased number of transactions and the price of
Bitcoin, the most popular cryptocurrency shot up from around 5 Dollars
in the beginning of 2012 to almost 1000 Dollars at the end of 2017.</p>
<p style="text-align: justify;" dir="ltr">Riding on the back of this
wave of popularity, a number of cryptocurrency exchanges started
operating in India between 2012 and 2017 providing much needed depth and
volume to the Indian cryptocurrency market. These included popular
exchanges such as Zebpay, Coinsecure, Unocoin, Koinex, Pocket Bits and
Bitxoxo. With the price of cryptocurrencies shooting up and because of
its increased popularity and adoption by users outside of its
traditional cult following, regulators worldwide began to take notice of
this new technology; in India the RBI issued a Press Release cautioning
the public against dealing in virtual currencies including Bitcoin way
back in 2013. However, the transaction volumes and adoption of
cryptocurrencies in India really picked up in earnest only after the
demonetisation of high value currency notes in November of 2016, with
the government’s emphasis on digital payments leading to alternatives to
traditional online banking such as cryptocurrencies forcing their way
into the public consciousness. Indian cryptocurrency exchanges started
acquiring users at a much higher pace which drove up volume for
cryptocurrency transactions on all Indian exchanges. The growing
popularity of cryptocurrencies and its adoption by large numbers of
Indian users forced the RBI to issue another Press Release in February
2017 reiterating its concerns regarding cryptocurrencies raised in its
earlier Press Release of 2013. </p>
<p style="text-align: justify;" dir="ltr">In October and November, 2017
two Public Interest Petitions were filed in the Supreme Court of India,
one by Siddharth Dalmia and another by Dwaipayan Bhowmick, the former
asking the Supreme Court to restrict the sale and purchase of
cryptocurrencies in India, and the latter asking for cryptocurrencies in
India to be regulated. Both the petitions are currently pending in the
Supreme Court.</p>
<p style="text-align: justify;" dir="ltr">In November, 2017 the
Government of India constituted a high level Inter-ministerial Committee
under the chairmanship of Shri Subhash Chandra Garg, Secretary,
Department of Economic Affairs, Ministry of Finance and comprising of
Shri Ajay Prakash Sawhney (Secretary, Ministry of Electronics and
Information Technology), Shri Ajay Tyagi (Chairman, Securities and
Exchange Board of India) and Shri B.P. Kanungo (Deputy Governor, Reserve
Bank of India). The mandate of the Committee was to study various
issues pertaining to Virtual Currencies and to propose specific actions
that may be taken in relation thereto. This Committee submitted its
report in July of 2019 recommending a ban on private cryptocurrencies in
India.</p>
<p style="text-align: justify;" dir="ltr">In December 2017 both the RBI
as well as the Ministry of Finance issued Press releases cautioning the
general public about the dangers and risks associated with
cryptocurrencies, with the Ministry of Finance Press Release saying that
cryptocurrencies are like ponzi schemes and also declaring that they
are not currencies or coins. It should be mentioned here that till the
end of March 2018, the RBI and the Finance Ministry had issued various
Press Releases on cryptocurrencies cautioning people against their
risks, however none of them ever took any legal action or gave any
enforceable directions against cryptocurrencies. All of this changed
with the RBI circular dated April 6, 2018 whereby the RBI prevented
Commercial and Co-operative Banks, Payments Banks, Small Finance Banks,
NBFCs, and Payment System Providers not only from dealing in virtual
currencies themselves but also directing them to stop providing services
to all entities which deal with virtual currencies.</p>
<p style="text-align: justify;" dir="ltr">The effect of the circular was
that cryptocurrency exchanges, which relied on normal banking channels
for sending and receiving money to and from their users, could not
access any banking services within India. This essentially crippled
their business operations since converting cash to cryptocurrencies and
vice versa was an essential part of their operations. Even pure
cryptocurrency exchanges which did not deal in fiat currency, were
unable to carry out their regular operations such as paying for office
space, staff salaries, server space, vendor payments, etc. without
access to banking services. </p>
<p>As a the operations of cryptocurrency exchanges took a severe hit and
the number of transactions on these exchanges reduced substantially.
People who had bought cryptocurrencies on these exchanges as an
investment were forced to sell their crypto assets and cash out before
they lost access to banking facilities. The cryptocurrency exchanges
themselves found it hard to sustain operations in the face of the dual
hit of reduced transaction volumes and loss of access banking services.
Faced with such an existential threat, a number of exchanges who were
members of the Internet and Mobile Association of India (IMAI), filed a
writ petition in the Supreme Court on May 15, 2018 titled Internet and
Mobile Association of India v. Reserve Bank of India, the final
arguments in which were heard by the Supreme Court of India in January,
2020 and the judgment is awaited. If the Supreme Court agrees with the
arguments of the petitioners, then cryptocurrency exchanges would be
able to restart operations in India; as a result the cryptocurrency
ecosystem in India may be revived and cryptocurrencies may become a
viable investment alternative again.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/cryptocurrency-regulation-in-india-2013-a-brief-history'>https://cis-india.org/internet-governance/blog/cryptocurrency-regulation-in-india-2013-a-brief-history</a>
</p>
No publishervipulCybersecurityinternet governanceBitcoinInternet GovernanceCryptocurrenciesCyber Security2020-03-05T18:36:09ZBlog EntryA Compilation of Research on the PDP Bill
https://cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection
<b>The most recent step in India’s initiative to create an effective and comprehensive Data Protection regime was the call for comments to the Personal Data Protection Bill, 2019, which closed last month. Leading up to the comments, CIS has published numerous research pieces with the goal of providing a comprehensive overview of how this legislation would place India within the global scheme, and how the local situation has developed, as well as analysing its impacts on citizens’ rights.</b>
<p> </p>
<p>In addition to general and clause-by-clause comments and recommendations, we
have compiled an annotated version of the Personal Data Protection
Bill, which lays out our <a class="external-link" href="https://cis-india.org/internet-governance/blog/comments-to-the-personal-data-protection-bill-2019">commentary</a> in an easy-to-follow format.</p>
<p> </p>
<p><img src="https://cis-india.org/internet-governance/pdp-bill-compilation-post-image/" alt="null" width="100%" /></p>
<p> </p>
<p>Below, you can find our other recent research on Data Protection:</p>
<p> </p>
<ul><li>Pallavi Bedi has put together a <a class="external-link" href="https://cis-india.org/internet-governance/blog/divergence-between-the-general-data-protection-regulation-and-the-personal-data-protection-bill-2019">note</a> on the Divergence between EU’s General Data Protection Regulation (GDPR) and the Personal Data Protection Bill.</li></ul>
<div> </div>
<ul><li>In addition, Pallavi has also <a class="external-link" href="https://cis-india.org/internet-governance/blog/comparison-of-the-personal-data-protection-bill-with-the-general-data-protection-regulation-and-the-california-consumer-protection-act-2">contrasted</a> the Personal Data Protection Bill with the GDPR and California Consumer Protection Act, in the contexts of jurisdiction and scope, rights of the data principal, obligations of data fiduciaries, exemptions, data protection authority, and breach of personal data. </li></ul>
<div> </div>
<ul><li>On IAPP’s blog <em>Privacy Perspectives</em>, D. Shweta Reddy has <a class="external-link" href="https://iapp.org/news/a/grade-sheet-for-indias-adequacy-status/">assessed</a> whether the Personal Data Protection Bill 2019 is sufficient for India to receive adequacy status from the EU.</li></ul>
<div> </div>
<ul><li>Along with Justin Sherman, Arindrajit Basu has <a class="external-link" href="https://www.lawfareblog.com/key-global-takeaways-indias-revised-personal-data-protection-bill">outlined</a> the key global takeaways from the Personal Data Protection Bill 2019 on <em>Lawfare</em>.</li></ul>
<div> </div>
<ul><li>On <em>The Diplomat</em>, Arindrajit has also <a class="external-link" href="https://thediplomat.com/2020/01/the-retreat-of-the-data-localization-brigade-india-indonesia-and-vietnam/">traced</a> the narrowing localization provisions in India, as well as Vietnam and Indonesia, and studied the actors and geopolitical tussle that has shaped these provisions.</li></ul>
<div> </div>
<ul><li>Through a string of publicly available submissions, press statements, and other media reports, Arindrajit and Amber Sinha have <a class="external-link" href="https://www.epw.in/engage/article/politics-indias-data-protection-ecosystem">tracked</a> the political evolution of the data protection ecosystem in India, and how this has, and will continue to impact legislative and policy developments on <em>EPW Engage</em>.</li></ul>
<div> </div>
<ul><li>Gurshabad Grover and Tanaya Rajwade have <a class="external-link" href="https://thewire.in/tech/indias-privacy-bill-regulates-social-media-platforms">written</a> on <em>The Wire</em> about how the Personal Data Protection Bill regulates social media.</li></ul>
<div> </div>
<ul><li>Amber was also a guest on <em>Suno India’s <a class="external-link" href="https://www.sunoindia.in/cyber-democracy/personal-data-protection-bill-what-does-it-mean-for-your-right-to-privacy/">Cyber Democracy podcast</a></em>, with Srinivas Kodali, to discuss how the latest version of the Personal Data Protection Bill will impact the right to privacy.
</li></ul>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection'>https://cis-india.org/internet-governance/blog/compilation-of-research-on-data-protection</a>
</p>
No publisherpranavinternet governanceInternet GovernanceData ProtectionPrivacy2020-03-05T08:04:24ZBlog EntryGoverning ID: Kenya’s Huduma Namba Programme
https://cis-india.org/internet-governance/blog/governing-id-kenya2019s-huduma-namba-programme
<b></b>
<p>In our fourth case-study, we use our Evaluation Framework for Digital ID to examine the use of Digital ID in Kenya.</p>
<p>Read the <a class="external-link" href="https://digitalid.design/evaluation-framework-case-studies/kenya.html">case-study</a> or download as <a href="https://cis-india.org/internet-governance/digital-id-kenya-case-study" class="internal-link" title="Digital ID Kenya Case Study">PDF</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/governing-id-kenya2019s-huduma-namba-programme'>https://cis-india.org/internet-governance/blog/governing-id-kenya2019s-huduma-namba-programme</a>
</p>
No publisheramberinternet governanceInternet GovernanceDigital IDDigital Identity2020-03-02T13:19:15ZBlog Entry