Centre for Internet and Society

June and July Newsletter

pranav — 2021-08-10T15:57:16Z

The newsletter presents the work done in the months of June and July 2021.

Announcements

We are pleased to announce the launch of a seminar series to showcase research around digital rights and technology policy, with a focus on the Global South. The CIS seminar series will be a venue for researchers to share works-in-progress, exchange ideas, identify avenues for collaboration, and curate research. It will also seek to mitigate the impact of Covid-19 on research exchange, and foster collaborations among researchers and academics from diverse geographies. For more details on the first session, on Information Disorders, and to register, click here: [link]

We are also hiring for two full time remote positions:

Research Associate: Access to Knowledge Programme: Apply by August 13 [link]
Communication Designer: Apply by August 20 [link]

Cybersecurity, Privacy, and Emerging Technology

Following the MCA notification mandating disclosures of crypto currency holdings by companies, Aryan Gupta, in an issue brief, discusses the policy landscape in the United States of America, United Kingdom, and Japan with particular emphasis upon definition, accounting practices, and taxation, with respect to crypto currencies. [link]
We submitted comments in response to the Supreme Court E-committee’s draft vision document of phase III of the E-courts project. Aman Nair, Arinjay Vyas, Pallavi Bedi and Garima Saxena submitted their general comments and recommendations, and comparatively analysed the integration of digital technology into the judiciary in both South Asia and Africa. [link]
Google’s new Privacy Sandbox platform promises to preserve anonymity when serving tailored advertising. But does this new framework help users in any way? Maria Jawed’s analysis reveals that Google’s gambit to reorient the ad-tech ecosystem under the garb of privacy, ultimately ends up undermining it. [link]
Pandemic technology is taking a toll on data privacy, especially in the absence of any legal framework; these tools are being used for purposes beyond managing the pandemic. In an article published in the Deccan Herald, Aman Nair and Pallavi Bedi argue that India’s digital response to the pandemic has stoked concerns that surveillance could pose threats to the privacy of the personal data collected. [link]
In a piece for The Wire, Aman Nair analyses Tether, a lesser known crypto currency that is at the heart of a $3 trillion market. Issued by Tether Limited, Tether forms the foundation for modern day crypto trading and could potentially be one of the biggest schemes in financial history. [link]
India has 500 million internet users — over a third of its total population — making it the country with the second largest number of internet users after China. With this comes several kinds of digital threats that an average digital consumer in India must regularly contend with. Pranav M.B. attempts to identify the existing state of digital safety in India, with a report that maps digital threats in the country. [link]
Since last year, there have been regular questions around the anti-competitive practices of digital platforms. After 46 US states filed an antitrust case against Facebook along with the Federal Trade Commission (FTC) in December 2020, Kamesh Shekar analyzed these developments in a blog post. [link]
Recently, the Indian government mandated online messaging providers to enable identification of originators of messages on their platforms. In an academic paper for the NUJS Law Review, Gurshabad Grover, Tanaya Rajwade and Divyank Katira conduct a legal and constitutional analysis of this ‘traceability’ requirement, how it can be implemented, and how these methods come with serious costs to usability, security, and privacy. [link]
The National Digital Health Mission: Health Data Management Policy seeks to establish a digital health ecosystem by creating a unique health identity (UHID) for every Indian citizen. Pallavi Bedi points out that hasty implementation of the policy without adequate safeguards not only risks the privacy and security of medical data, but also undermines trust in the system leading to low uptake. [link]
In our comments to the proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020, our analysis focuses on eight points: Definitions and Registration, Compliance, Data Protection and Surveillance, Flash Sales, Unfair Trade Practices, Jurisdictional Issues with Competition Law, Compliance with International Trade Law and Liabilities of Marketplace E-commerce Entities. [link]

Freedom of Expression, Intermediary Liability and Information Disorders

The recent “Infodemic” clearly shows that disinformation costs people’s lives. CIS, and the Global Disinformation Index have published a report that examines the risk of disinformation on digital news platforms in India, creating an index that is intended to serve donors and stakeholders with a neutral assessment of news sites that they can utilise to defund disinformation. [link]
Torsha Sarkar, Gurshabad Grover, Raghav Ahooja, Pallavi Bedi and Divyank Katira examine the legality and constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, highlighting potential benefits and harms that may arise from the rules, and making recommendations to retain the rules within constitutional bounds, and retain consistency with human rights based approaches to content regulation. [link]
The passage of the Intermediary Liability Rules, 2021, has also formalized the legal requirement for the utilization of automated tools in content moderation. In a blog-post for the KU Leuven’s Centre for IT and IP (CITIP) Blog, Shweta Mohandas and Torsha Sarkar analyze the requirement in light of concerns of freedom of expression of Internet users. [link]
Our comments to the Cinematograph (Amendment) Bill, 2021, authored by Tanvi Apte, Anubha Sinha, and Torsha Sarkar, examine the constitutionality and legality of the Bill and whether the proposed amendments are compatible with established constitutional principles, precedents, previous policy positions and existing law. [link]
Tanvi Apte and Torsha Sarkar, in a submission to the Facebook Oversight Board in Case 2021-008-FB-FBR: Brazil, Health Misinformation and Lockdowns, answer questions set out by the Board which concerned a post made by a Brazilian sub-national health official, and raised questions on health misinformation and enforcement of Facebook's community standards. [link]
In an essay for the Indian Journal of Law and Technology (IJLT), Torsha Sarkar analyzes issues rising out of the recent litigation between Trump and Twitter. Torsha examines intermediary liability issues under American law, and draws parallel for India, in light of the ongoing litigation around the suspension of advocate Sanjay Hegde’s Twitter account. [link]

Copyright & Access to Knowledge

The Indian Parliamentary Standing Committee on Commerce’s report weighs on several aspects of the Indian IPR system and issues of protection and enforcement. In a blog post, Anubha Sinha summarily notes the observations and recommendations of the Committee on the Copyright Act, 1957 which stand to impact access to knowledge. [link]
The 41st edition of the Standing Committee on Copyright and Related Rights (SCCR) organized by the World Intellectual Property Organization (WIPO) was held from 28 June to 1 July. Anubha Sinha participated in the event as a speaker and delivered statements on the Protection of Broadcasting Organisations [link], and on Limitations and Exceptions [link]. Readers can access the notes from Day 1 [link], Day 2 [link], and Days 3 & 4 [link].
The CIS Access to Knowledge team published a comparative analysis of two prominent Wikimedia initiatives, Wikipedia Asian Month and Project Tiger, to understand prevailing challenges and opportunities, and strategies to address the same. Nitesh Gill in a two-part report outlines the research questions and methods of this study [link], and then presents some of the observations and learnings [link].

Labour and Social Justice

In a flagship report on domestic and care workers on digital platforms, Aayush Rathi and Ambika Tandon argue that digital platforms are complicit in discriminating against workers on the basis of their identities, and that domestic workers continue to remain in precarious positions without any legal recognition or support. This work was jointly authored between the Centre for Internet and Society and the Domestic Workers’ Rights Union. [link]
The ongoing pandemic has raised very valid questions of access and infrastructure in India, especially during a time when the Internet and digital technologies are essential, and in many ways the ‘new normal’. P.P. Sneha and Anasuya Sengupta write in Seminar Magazine, outlining some key challenges in digitalisation and representation of non-dominant/marginalised languages on the Internet, through reflections on two recent projects related to languages and the Internet. [link]
With the onset of the national lockdown on 24th March 2020 in response to the outbreak of COVID-19, the fate of millions of migrant workers was left uncertain. In addition, lack of enumeration and registration of migrant workers became a major obstacle for all state governments and the Central Government to channelize relief and welfare measures. Ankan Barman compiled a report to qualitatively assess health conditions of migrant workers and access to welfare during the first COVID-19 lockdown, in three host-states, Tamil Nadu, Maharashtra and Haryana. [link]
Between July to November 2019, Indian Federation of App-based Transport Workers (IFAT) and International Transport Workers’ Federation (ITF) conducted 2,128 surveys across six major cities: Bengaluru, Chennai, Delhi NCR, Hyderabad, Jaipur, and Lucknow, to determine the occupational health and safety of app-based transport workers. Findings from the survey have been compiled as a report which reveals the complete absence of social security and protection of workers in a digital platform economy. [link]

For more details visit https://cis-india.org/about/newsletters/june-july-2021-newsletter

March - May Newsletter

pranav — 2021-08-08T15:45:45Z

Cybersecurity, and Emerging Technology

Doctrinal clarity and institutional coherence are essential for a robust cybersecurity posture. Arindrajit Basu and Pranesh Prakash analyze this in an opinion piece in The Hindu. [link]
U.S. and Indian decisions about Huawei have implications not just for their separate relations with China, but the U.S.-India bilateral as well. Arindrajit Basu and Justin Sherman co-authored an article in The Diplomat examining Huawei’s role in India [link]
In an article for The Wire, Aman Nair points out that India might miss out on NFT (non-fungible tokens) which is set to become a mainstay in the modern digital zeitgeist. [link]
Arindrajit Basu and Andre Barrinha co-wrote for the EU Cyber Direct, on outer space diplomacy in the 1960s and why cyber (security) diplomacy isn’t quite progressing as well or as fast. [link]
Arindrajit Basu, Irene Poetranto and Justin Lau co-wrote an article for Carnegie Endowment for International Peace which captures some concerns with the United Nations OEWG process dealing with cyber norms and the absence of discussion at the forum on key issues. [link]
In an article for the Observer Research Foundation, Arindrajit Basu writes about how India must avoid getting its data policy caught up in tired existing machinations and instead forge a new path that prioritizes Indian strategic interests. [link]
Aman Nair, Arinjay Vyas, Pallavi Bedi, and Garima Saxena authored a response to the Supreme Court E-committee’s draft vision document of phase III of the E-courts project. This response recommends consideration be given to the digital and gender divide, and lack of clarity in the document on several data-related aspects. [link]

Privacy

The proposed Personal Data Protection Bill, 2019 is being deliberated by the Joint Parliamentary Committee and is expected to be tabled in the Monsoon Session of Parliament. Pallavi Bedi and Amber Sinha co-authored a white paper to examine the personal data implications on welfare delivery models in India and to suggest ways to operationalise key provisions. [link]
Shweta Mohandas authored an article for Rajiv Gandhi National University of Law Student Research Review (RSRR). In this article, which forms a part of RSRR’s ‘Excerpts from Experts Blog Series,’ Shweta examines whether Indian data protection legislation can act as a check on growing workplace surveillance. [link]
Aman Nair and Arindrajit Basu examine the changes in the context of data sharing between WhatsApp and Facebook as being an anticompetitive action in violation of the Indian Competition Act, 2002. Having previously examined the implications of WhatsApp’s changes to its privacy policy in 2021, this issue brief is the second output of the series examining the effects of the changes. [link]
In a blog-post, Pallavi Bedi provides recommendations for the Covid vaccine intelligence network (Co-Win) platform. She says that as a first step it is essential that Co-Win has a separate dedicated privacy policy which conforms to the internationally accepted privacy principles and enumerated in the Personal Data Protection Bill. [link]

Freedom of Expression, and Intermediary Liability

In February, the Advertising Standards Council of India (ASCI) had issued draft rules for regulation of digital influencers, with an aim to “understand the peculiarities of [online] advertisements and the way consumers view them,” as well as to ensure that: “consumers must be able to distinguish when something is being promoted with an intention to influence their opinion or behaviour for an immediate or eventual commercial gain.” Torsha Sarkar and Shweta Mohandas respond with comments and recommendations to the rules. [link]

Copyright, and Access to Knowledge

Anubha Sinha explains what the draft national science, technology and innovation policy means for open access to scientific literature for Indians. This article was published in The Wire Science. [link]
In an article published in Info Justice, Anubha Sinha provides a summary of the progress of the copyright infringement suit against Sci-Hub and LibGen in India. [link]

Digital Cultures, and Social Justice

In a research paper, Noopur Raval offers critical historical insights from the fields of international development, anthropology, and postcolonial history to caution against both the possible harms of gender disaggregated datafication, as well as the consequences of non-participatory datafication of women. [link]
Kaarika Das, a research scholar at NIEPA and Sravya C, a researcher in the Humanizing Automation project at IIIT Bangalore published a study on migrants in India's Gig Economy. [link]
Sameet Panda and Vipul Kumar wrote a blog for Privacy International pointing the failures in the digitisation of India’s food security programme in light of the exclusion of married women of Odisha. [link]
Shreya Ghosh, a research scholar at the Centre for Political Studies, Jawaharlal Nehru University, New Delhi authored an article in EPW on access to welfare and health for women during the initial phase of the pandemic. [link]
Ambika Tandon and Aayush Rathi in a research paper, “Fault lines at the Front lines” analyze the changing employment conditions for domestic workers in the growing platform economies of South and Southeast Asia. By analyzing different platform designs and comparing regulations in India, Indonesia, Pakistan and Vietnam, the authors present a thorough picture of the situation for domestic workers in the new economy. [link]
In a blog post published by Ethical Source, Ambika Tandon throws light on artificial intelligence and allied technologies that form part of Industry 4.0 in the future of work. [link]
Ambika Tandon and Aayush Rathi authored a chapter titled “Care in the Platform Economy: Interrogating the Digital Organisation of Domestic Work in India” in a book titled “The Gig Economy: Workers and Media in the Age of Convergence.” [link]

For more details visit https://cis-india.org/about/newsletters/march-may-2021-newsletter

Media Bazaar Jokhim

pranav — 2021-07-23T13:24:03Z

For more details visit https://cis-india.org/internet-governance/resources/media-bazaar-jokhim-rating.pdf

Disinformation in the Indian Digital News Media Market

pranav — 2021-07-06T09:15:16Z

The Centre for Internet and Society and the Global Disinformation Index (GDI) are launching a study into the risk of disinformation on digital news platforms in India, creating an index that is intended to serve donors and brands with a neutral assessment of news sites that they can utilise to defund disinformation.

To register, please visit this link: https://forms.gle/VDCFpzDyjCbRdP559

India’s news consumption is increasingly dominated by the internet. In 2021, it is estimated that 284 million online users in India will consume their news digitally in the country’s eight top languages, a figure which has nearly doubled since 2016. Yet, greater reliance on online news does not equate to greater trust. A greater share of Indians trust news from newspapers and magazines (55 percent) than do online sources (34 percent).

The harms of disinformation are proliferating around the globe—threatening our elections, our health, and our shared sense of facts. The infodemic laid bare by COVID-19 conspiracy theories clearly shows that disinformation costs peoples’ lives. Websites masquerading as news outlets are driving and profiting financially from the situation.

One effective means of combating disinformation is to target its funding sources. In this report, we analysed 56 websites based on the GDI risk rating, which provides advertisers, ad tech companies and platforms with greater information about a range of disinformation flags related to a site’s content (reliability of content), operations (operational and editorial integrity) and context (perceptions of brand trust).

We invite you to the launch event of the report Media Market Risk Ratings: India, and a panel discussion focused on online misinformation and disinformation in India, the role of digital news publishers, and effective strategies to combat disinformation.

See more details and an agenda here.

For more details visit https://cis-india.org/internet-governance/disinformation-in-the-indian-digital-news-media-market

GDI Launch Event Concept Note pdf

pranav — 2021-07-06T09:10:15Z

For more details visit https://cis-india.org/internet-governance/gdi-launch-event-concept-note-pdf

Report - State of Consumer Digital Security in India

pranav — 2021-07-05T10:56:49Z

For more details visit https://cis-india.org/internet-governance/report-state-of-consumer-digital-security-in-india

State of Consumer Digital Security in India

pranav — 2021-07-05T11:07:24Z

This report attempts to identify the existing state of digital safety in India, with a mapping of digital threats, which will aid stakeholders in identifying and addressing digital security problems in the country. This project was funded by the Asia Foundation.

Since 2006, successive Union governments in India have shown increased focus on digital governance. The National e-Governance Plan was launched by the UPA government in2006, and several digital projects led by the state such as digitisation of the filing of taxes, appointment process for passports, corporate governance, and the Aadhaar programme(India’s unique digital identity system that utilises biometric and demographic data) arose under it, in the form of mission mode projects (projects that are part of a broader National e-governance initiative, each focusing on specific e-Governance aspects, like banking, land records, or commercial taxes). In 2014, when the NDA government came to power, the National e-Governance Plan was subsumed under the government’s flagship project of Digital India, and several mission mode projects were added. In the meantime, the internet connectivity, first in the form of wire connectivity, and later in the form of mobile connectivity has increased greatly. In the same period, use of digital services, first in new services native to the Internet such as email, social networking, instant messaging, and later the platformization and disruption of traditional business models in transportation, healthcare, finance and virtually every sector, has led to a deluge of digital private service providers in India.

Currently, India has 500 million internet users — over a third of its total population — making it the country with the second largest number of Internet users after China. The uptake of these technological services has also been accompanied by several kinds of digital threats that an average digital consumer in India must regularly contend with. This report is a mapping of consumer-facing digital threats in India and is intended to aid stakeholders in identifying and addressing digital security problems. The first part of the report categorises digital threats into four kinds, Personal Data Threats, Online Content Related Threats, Financial Threats, and Online Sexual Harassment Threats. Threats under each category are then defined, with detailed consumer-facing consequences, and past instances where harm has been caused because of these threats.

Read the full report here.

For more details visit https://cis-india.org/internet-governance/blog/state-of-consumer-digital-security-in-india