Centre for Internet and Society

Section 79 of the Information Technology Act

pranesh — 2012-11-19T14:55:02Z

79. INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES

(1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hasted by him.

(2) The provisions of sub-section (1) shall apply if—

(a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hasted; or

(b) the intermediary does not—

(i) initiate the transmission,

(ii) select the receiver of the transmission, and

(iii) select or modify the information contained in the transmission;

(c) the intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf.

(3) The provisions of sub-section (1) shall not apply if—

(a) the intermediary has conspired or abetted or aided or induced, whether by threats or promise or othorise in the commission of the unlawful act;

(b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.

Explanation.—For the purposes of this section, the expression “third party information” means any information dealt with by an intermediary in his capacity as an intermediary.

For more details visit https://cis-india.org/internet-governance/resources/section-79-information-technology-act

How India Makes E-books Easier to Ban than Books (And How We Can Change That)

pranesh — 2012-02-21T11:50:56Z

Without getting into questions of what should and should not be unlawful speech, Pranesh Prakash chooses to take a look at how Indian law promotes arbitrary removal and blocking of websites, website content, and online services, and how it makes it much easier than getting offline printed speech removed.

E-Books Are Easier To Ban Than Books, And Safer

Contrary to what Mr. Sibal's recent hand-wringing at objectionable online material might suggest, under Indian laws currently in force it is far easier to remove material from the Web, by many degrees of magnitude, than it is to ever get them removed from a bookstore or an art gallery. To get something from a bookstore or an art gallery one needs to collect a mob, organize collective outrage and threats of violence, and finally convince either the government or a magistrate that the material is illegal, thereby allowing the police to seize the books or stop the painting from being displayed. The fact of removal of the material will be noted in various records, whether in government records, court records, police records or in newspapers of record. By contrast, to remove something from the Web, one needs to send an e-mail complaining about it to any of the string of 'intermediaries' that handle the content: the site itself, the web host for the site, the telecom companies that deliver the site to your computer/mobile, the web address (domain name) provider, the service used to share the link, etc. Under the 'Intermediary Guidelines Rules' that have been in operation since 11th April 2011, all such companies are required to 'disable access' to the complained-about content within thirty-six hours of the complaint. It is really that simple.

"That's ridiculous," you think, "surely he must be exaggerating." Think again. A researcher working with us at the Centre for Internet and Society tried it out, several times, with many different intermediaries and always with frivolous and flawed complaints, and was successful six out of seven times . Thus it is easier to prevent Flipkart or Amazon from selling Rushdie's Midnight's Children than it is to prevent a physical bookstore from doing so: today Indira Gandhi wouldn't need to win a lawsuit in London against the publishers to remove a single line as she did then; she would merely have to send a complaint to online booksellers and get the book removed. It is easier to block Vinay Rai's Akbari.in (just as CartoonsAgainstCorruption.com was recently blocked) than it is to prevent its print publication. Best of all for complainants: there is no penalty for frivolous complaints such as those sent by us, nor are any records kept of who's removed what. Such great powers of censorship without any penalties for their abuse are a sure-fire way of ensuring a race towards greater intolerance, with the Internet — that republic of opinions and expressions — being a casualty.

E-Book Bans Cannot Be Challenged

In response to some of the objections raised, the Cyberlaw Division of the Department of Information Technology, ever the dutiful guardian of free speech, noted that if you have a problem with access to your content being 'disabled', you could always approach a court and get that ban reversed. Unfortunately, the Cyberlaw Division of the Department of Information Technology forgot to take into account that you can't contest a ban/block/removal if you don't know about it. While they require all intermediaries to disable access to the content within thirty-six hours, they forgot to mandate the intermediary to tell you that the content is being removed. Whoops. They forgot to require the intermediary to give public notice that content has been removed following a complaint from person ABC or corporation XYZ on such-and-such grounds. Whoops, again.

So while records are kept, along with reasons, of book bans, there are no such records required to be kept of e-book bans.

E-Book Censors Are Faceless

Vinay Rai is a brave man. He is being attacked by fellow journalists who believe he's disgracing the professional upholders of free-speech, and being courted by television channels who believe that he should be encouraged to discuss matters that are sub judice. He is viewed by some as a man who's playing politics in courts on behalf of unnamed politicians and bureaucrats, while others view him as being bereft of common-sense for believing that companies should be legally liable for not having been clairvoyant and removing material he found objectionable, though he has never complained to them about it, and has only provided that material to the court in a sealed envelope. I choose, instead, to view him as a scrupulous and brave man. He has a face, and a name, and is willing to openly fight for what he believes in. However, there are possibly thousands of unscrupulous Vinay Rais out there, who know the law better than he does, and who make use not of the court system but of the Intermediary Guidelines Rules, firmly assured by those Rules that their censorship activities will never be known, will never be challenged by Facebook and Google lawyers, and will never be traced back to them.

Challenging Invisible Censorship

Dear reader, you may have noticed that this is a bit like a trial involving Free Speech in which Free Speech is presumed guilty upon complaint, is not even told what the charges against it are, has not been given a chance to prove its innocence, and has no right to meet its accusers nor to question them. Yet, the Cyberlaw Division of the Department of Information Technology continues to issue press releases defending these Rules as fair and just, instead of being simultaneously Orwellian and Kafkaesque. These Rules are delegated legislation passed by the Department of Information Technology under s.79 of the Information Technology Act. The Rules were laid before Parliament during the 2011 Monsoon session. We at CIS believe that these Rules are *ultra vires* the IT Act as well as the Constitution of India, not only with respect to what is now (newly) proscribed online (which in itself is enough to make it unconstitutional), but how that which is purportedly unlawful is to be removed. We have prepared an alternative that we believe is far more just and in accordance with our constitutional principles, taking on best practices from Canada, the EU, Chile, and Brazil, while still allowing for expeditious removal of unlawful material. We hope that the DIT will consider adopting some of the ideas embodied in our draft proposal.

As Parliament passed the IT Act in the midst of din, without any debate, it is easy to be skeptical and wonder whether Rules made under the IT Act will be debated. However, I remain hopeful that Parliament will not only exercise its power wisely, but will perform its solemn duty — borne out of each MP's oath to uphold our Constitution — by rejecting these Rules.

Photo credit: Lynn Gardner, under CC-BY-NC-SA 2.0 licence*

This was reproduced in Outlook Magazine on 27 January 2012

For more details visit https://cis-india.org/internet-governance/blog/india-ebooks-easier-to-ban-than-books

Invisible Censorship: How the Government Censors Without Being Seen

pranesh — 2012-01-04T08:59:14Z

The Indian government wants to censor the Internet without being seen to be censoring the Internet. This article by Pranesh Prakash shows how the government has been able to achieve this through the Information Technology Act and the Intermediary Guidelines Rules it passed in April 2011. It now wants methods of censorship that leave even fewer traces, which is why Mr. Kapil Sibal, Union Minister for Communications and Information Technology talks of Internet 'self-regulation', and has brought about an amendment of the Copyright Act that requires instant removal of content.

Power of the Internet and Freedom of Expression

The Internet, as anyone who has ever experienced the wonder of going online would know, is a very different communications platform from any that has existed before. It is the one medium where anybody can directly share their thoughts with billions of other people in an instant. People who would never have any chance of being published in a newspaper now have the opportunity to have a blog and provide their thoughts to the world. This also means that thoughts that many newspapers would decide not to publish can be published online since the Web does not, and more importantly cannot, have any editors to filter content. For many dictatorships, the right of people to freely express their thoughts is something that must be heavily regulated. Unfortunately, we are now faced with the situation where some democratic countries are also trying to do so by censoring the Internet.

Intermediary Guidelines Rules

In India, the new 'Intermediary Guidelines' Rules and the Cyber Cafe Rules that have been in effect since April 2011 give not only the government, but all citizens of India, great powers to censor the Internet. These rules, which were made by the Department of Information Technology and not by the Parliament, require that all intermediaries remove content that is 'disparaging', 'relating to... gambling', 'harm minors in any way', to which the user 'does not have rights'. When was the last time you checked wither you had 'rights' to a joke before forwarding it? Did you share a Twitter message containing the term "#IdiotKapilSibal", as thousands of people did a few days ago? Well, that is 'disparaging', and Twitter is required by the new law to block all such content. The government of Sikkim can run advertisements for its PlayWin lottery in newspapers, but under the new law it cannot do so online. As you can see, through these ridiculous examples, the Intermediary Guidelines are very badly thought-out and their drafting is even worse. Worst of all, they are unconstitutional, as they put limits on freedom of speech that contravene Article 19(1)(a) and 19(2) of the Constitution, and do so in a manner that lacks any semblance of due process and fairness.

Excessive Censoring by Internet Companies

We, at the Centre for Internet and Society in Bangalore, decided to test the censorship powers of the new rules by sending frivolous complaints to a number of intermediaries. Six out of seven intermediaries removed content, including search results listings, on the basis of the most ridiculous complaints. The people whose content was removed were not told, nor was the general public informed that the content was removed. If we hadn't kept track, it would be as though that content never existed. Such censorship existed during Stalin's rule in the Soviet Union. Not even during the Emergency has such censorship ever existed in India. Yet, not only was what the Internet companies did legal under the Intermediary Guideline Rules, but if they had not, they could have been punished for content put up by someone else. That is like punishing the post office for the harmful letters that people may send over post.

Government Has Powers to Censor and Already Censors

Currently, the government can either block content by using section 69A of the Information Technology Act (which can be revealed using RTI), or it has to send requests to the Internet companies to get content removed. Google has released statistics of government request for content removal as part of its Transparency Report. While Mr. Sibal uses the examples of communally sensitive material as a reason to force censorship of the Internet, out of the 358 items requested to be removed from January 2011 to June 2011 from Google service by the Indian government (including state governments), only 8 were for hate speech and only 1 was for national security. Instead, 255 items (71 per cent of all requests) were asked to be removed for 'government criticism'. Google, despite the government in India not having the powers to ban government criticism due to the Constitution, complied in 51 per cent of all requests. That means they removed many instances of government criticism as well.

'Self-Regulation': Undetectable Censorship

Mr. Sibal's more recent efforts at forcing major Internet companies such as Indiatimes, Facebook, Google, Yahoo, and Microsoft, to 'self-regulate' reveals a desire to gain ever greater powers to bypass the IT Act when censoring Internet content that is 'objectionable' (to the government). Mr. Sibal also wants to avoid embarrassing statistics such as that revealed by Google's Transparency Report. He wants Internet companies to 'self-regulate' user-uploaded content, so that the government would never have to send these requests for removal in the first place, nor block sites officially using the IT Act. If the government was indeed sincere about its motives, it would not be talking about 'transparency' and 'dialogue' only after it was exposed in the press that the Department of Information Technology was holding secret talks with Internet companies. Given the clandestine manner in which it sought to bring about these new censorship measures, the motives of the government are suspect. Yet, both Mr. Sibal and Mr. Sachin Pilot have been insisting that the government has no plans of Internet censorship, and Mr. Pilot has made that statement officially in the Lok Sabha. This, thus seems to be an instance of censoring without censorship.

Backdoor Censorship through Copyright Act

Further, since the government cannot bring about censorship laws in a straightforward manner, they are trying to do so surreptitiously, through the back door. Mr. Sibal's latest proposed amendment to the Copyright Act, which is before the Rajya Sabha right now, has a provision called section 52(1)(c) by which anyone can send a notice complaining about infringement of his copyright. The Internet company will have to remove the content immediately without question, even if the notice is false or malicious. The sender of false or malicious notices is not penalized. But the Internet company will be penalized if it doesn't remove the content that has been complained about. The complaint need not even be shown to be true before the content is removed. Indeed, anyone can complain about any content, without even having to show that they own the rights to that content. The government seems to be keen to have the power to remove content from the Internet without following any 'due process' or fair procedure. Indeed, it not only wants to give itself this power, but it is keen on giving all individuals this power.

It's ultimate effect will be the death of the Internet as we know it. Bid adieu to it while there is still time.

The article was translated to Marathi and featured in Lokmat

For more details visit https://cis-india.org/internet-governance/invisible-censorship

About Us

pranesh — 2016-06-27T13:59:12Z

What we do

The Centre for Internet and Society is a non-profit research organisation that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and intellectual property rights, and openness (including open data, free/open source software, open standards, open access to scholarly literature, open educational resources, and open video), and engages in academic research on reconfigurations of social processes and structures through the Internet and digital media technologies, and vice versa.

Vision and Mission

The Centre for Internet and Society will critically engage with concerns of digital pluralism, public accountability and pedagogic practices, in the field of Internet and Society, with particular emphasis on South-South dialogues and exchange.

Through multidisciplinary research, intervention, and collaboration, we seek to explore, understand, and affect the shape and form of the internet, and its relationship with the political, cultural, and social milieu of our times.

For more details visit https://cis-india.org/about/about-us

Press Coverage of Online Censorship Row

pranesh — 2011-12-08T11:31:30Z

We are maintaining a rolling blog with press references to the row created by the proposal by the Union Minister for Communications and Information Technology to pre-screen user-generated Internet content.

Monday, December 5, 2011

India Asks Google, Facebook to Screen Content | Heather Timmons (New York Times, India Ink)

Tuesday, December 6, 2011

Sibal warns social websites over objectionable content | Sandeep Joshi (The Hindu)

Hate speech must be blocked, says Sibal | Praveen Swami & Sujay Mehdudia (The Hindu)

Won't remove material just because it's controversial: Google | (Press Trust of India)

Any Normal Human Being Would Be Offended | Heather Timmons (New York Times, India Ink)

After Sibal, Omar too feels some online content inflammatory | (Press Trust of India)

Online uproar as India seeks social media screening | Devidutta Tripathy and Anurag Kotoky (Reuters)

Kapil Sibal for content screening: Facebook, Twitter full of posts against censorship | (IANS)

India May Overstep Its Own Laws in Demanding Content Filtering | John Ribeiro (IDG)

Kapil Sibal warns websites: Mixed response from MPs | (Press Trust of India)

Websites must clean up content, says Sibal | (NewsX)

Kapil Sibal warns websites; Google says won't remove material just because it's controversial | Press Trust of India

Censorship By Any Other Name... | Yamini Lohia (Mint)

Kapil Sibal: We have to take care of sensibility of our people | Associated Press

Kapil Sibal gets backing of Digvijaya Singh over social media screening | Press Trust of India

Sibal Gets What He Set Out To Censor | (Hindustan Times, Agencies)

Objectionable Matter Will Be Removed, Censorship Not in Picture Yet: Kapil Sibal | Amar Kapadia (News Tonight)

Wednesday, December 7, 2011

Kapil Sibal Doesn't Understand the Internet | Shivam Vij (India Today)

'Chilling' Impact of India's April Internet Rules | Heather Timmons (New York Times, India Ink)

Screening, not censorship, says Sibal | (Business Standard)

Chandni Chowk to China | Salil Tripathi (Mint)

Kapil Sibal vs the internet | Sandipan Deb (Mint)

No Need for Censorship of the Internet: Cyber Law Experts | (Times News Network)

Protest with flowers for Sibal | (The Hindu)

Kapil Sibal cannot screen this report | Team DNA, Blessy Chettiar & Renuka Rao (Daily News and Analysis)

Kapil Sibal warns websites, but experts say prescreening of user content not practical | (Reuters)

Sibal's Remarks Brought Disgust | Hitesh Mehta (News Tonight)

BJP backs mechanism to curb objectionable content on websites | (The Hindu)

Move to regulate networking sites should be discussed in Parliament: BJP | (Press Trust of India)

Sibal under attack in cyberspace | (Press Trust of India)

Kapil Sibal's web censorship: Indian govt wanted 358 items removed, says Google | (Press Trust of India)

Kapil Sibal gets BJP support but with rider | (Indo-Asian News Service)

Sibal's way of regulating web not okay, says BJP | (Indo-Asian News Service)

Censorship in Blasphemy's Clothings | Gautam Chikermane (Hindustan Times, Just Faith)

India wants Google, Facebook to screen content | Sharon Gaudin (Computer World)

Should we be taming social media? | Swati Prasad (ZDNet, Inside India)

Kapil Sibal gets lampooned for views on Web control | (Daily News and Analysis)

'We don't need no limitation' | Asha Prakash (Times of India)

Five reasons why India can't censor the internet | Prasanto K. Roy (Indo-Asian News Service)

We Are the Web | (Indian Express)

Thursday, December 8, 2011

Kapil Sibal under attack in cyberspace, (Press Trust of India)

Speak Up for Freedom | Pranesh Prakash (Indian Express)

Newswallah: Censorship | Neha Thirani (New York Times, India Ink)

No Question of Censoring the Internet, Says Sachin Pilot | (NDTV)

Mind Your Netiquette, or We'll Mind it for You | A.A.K. (The Economist)

Take Parliament's view to regulate social networking sites, BJP tells govt | (Times News Network)

India wanted 358 items removed | Priscilla Jebaraj (The Hindu)

Indian Government v Social Networking sites: Expert Views | (Bar & Bench News Network)

Can Government Muzzle Websites? | Priyanka Joshi & Piyali Mandal (Business Standard)

US concerned over internet curbs, sidesteps India move | (Indo-Asian News Service)

Why Internet Companies Are Upset with Kapil Sibal | (Rediff)

Why Censor Facebook When You Don't Censor Sunny Leone? | (Indo-Asian News Service)

Online content issue: Talks with India on, says U.S. | (Press Trust of India)

US calls for Internet freedom amid India plan | Agence France-Presse

For more details visit https://cis-india.org/internet-governance/blog/press-coverage-online-censorship

Online Pre-Censorship is Harmful and Impractical

pranesh — 2011-12-12T17:00:50Z

The Union Minister for Communications and Information Technology, Mr. Kapil Sibal wants Internet intermediaries to pre-censor content uploaded by their users. Pranesh Prakash takes issue with this and explains why this is a problem, even if the government's heart is in the right place. Further, he points out that now is the time to take action on the draconian IT Rules which are before the Parliament.

Mr. Sibal is a knowledgeable lawyer, and according to a senior lawyer friend of his with whom I spoke yesterday, greatly committed to ideals of freedom of speech. He would not lightly propose regulations that contravene Article 19(1)(a) [freedom of speech and expression] of our Constitution. Yet his recent proposals regarding controlling online speech seem unreasonable. My conclusion is that the minister has not properly grasped the way the Web works, is frustrated because of the arrogance of companies like Facebook, Google, Yahoo and Microsoft. And while he has his heart in the right place, his lack of knowledge of the Internet is leading him astray. The more important concern is the IT Rules that have been in force since April 2011.

Background

The New York Times scooped a story on Monday revealing that Mr. Sibal and the MCIT had been in touch with Facebook, Google, Yahoo, and Microsoft, asking them to set up a system whereby they would manually filter user-generated content before it is published, to ensure that objectionable speech does not get published. Specifically, he mentioned content that hurt people's religious sentiments and content that Member of Parliament Shashi Tharoor described as 'vile' and capable of inciting riots as being problems. Lastly, Mr. Sibal defended this as not being "censorship" by the government, but "supervision" of user-generated content by the companies themselves.

Concerns

One need not give lectures on the benefits of free speech, and Mr. Sibal is clear that he does not wish to impinge upon it. So one need not point out that freedom of speech means nothing if not the freedom to offend (as long as no harm is caused). There can, of course, be reasonable limitations on freedom of speech as provided in Article 19 of the ICCPR and in Article 19(2) of our Constitution. My problem lies elsewhere.

Secrecy

It is unfortunate that the New York Times has to be given credit for Mr. Sibal addressing a press conference on this issue (and he admitted as much). What he is proposing is not enforcement of existing rules and regulations, but of a new restriction on online speech. This should have, in a democracy, been put out for wide-ranging public consultations first.

Making intermediaries responsible

The more fundamental disagreement is that over how the question of what should not be published should be decided, and how that decision should be and how that should be carried out, and who can be held liable for unlawful speech. I believe that "to make the intermediary liable for the user violating that code would, I think, not serve the larger interests of the market." Mr. Sibal said that in May this year in an interview with the Wall Street Journal. The intermediaries (that is, all persons and companies who transmit or host content on behalf of a third party), are but messengers just like a post office and do not exercise editorial control, unlike a newspaper. (By all means prosecute Facebook, Google, Yahoo, and Microsoft whenever they have created unlawful content, have exercised editorial control over unlawful content, have incited and encouraged unlawful activities, or know after a court order or the like that they are hosting illegal content and still do not remove it.) Newspapers have editors who can take responsibility for content published in the newspaper. They can afford to, because the number of articles in a newspaper is limited. YouTube, which has 48 hours of videos uploaded every minutes, cannot. One wag suggested that Mr. Sibal was not suggesting a means of censorship, but of employment generation and social welfare for censors and editors. To try and extend editorial duties to these 'intermediaries' by executive order or through 'forceful suggestions' to these companies cannot happen without amending s.79 of the Information Technology Act which ensures they are not to be held liable for their user's content: the users are. Internet speech has, to my knowledge, and to date, has never caused a riot in India. It is when it is translated into inflammatory speeches on the ground with megaphones that offensive speech, whether in books or on the Internet, actually become harmful, and those should be targeted instead. And the same laws that apply to offline speech already apply online. If such speech is inciting violence then the police can be contacted and a magistrate can take action. Indeed, Internet companies like Facebook, Google, etc., exercise self-regulation already (excessively and wrongly, I feel sometimes). Any person can flag any content on YouTube or Facebook as violating the site's terms of use. Indeed, even images of breast-feeding mothers have been removed from Facebook on the basis of such complaints. So it is mistaken to think that there is no self-regulation. In two recent cases, the High Courts of Bombay (Janhit Manch v. Union of India) and Madras (R. Karthikeyan v. Union of India) refused to direct the government and intermediaries to police online content, saying that places an excessive burden on freedom of speech.

IT Rules, 2011

In this regard, the IT Rules published in April 2011 are great offenders. While speech that is 'disparaging' (while not being defamatory) is not prohibited by any statute, yet intermediaries are required not to carry 'disparaging' speech, or speech to which the user has no right (how is this to be judged? do you have rights to the last joke that you forwarded?), or speech that promotes gambling (as the government of Sikkim does through the PlayWin lottery), and a myriad other kinds of speech that are not prohibited in print or on TV. Who is to judge whether something is 'disparaging'? The intermediary itself, on pain of being liable for prosecution if it is found have made the wrong decision. And any person may send a notice to an intermediary to 'disable' content, which has to be done within 36 hours if the intermediary doesn't want to be held liable. Worst of all, there is no requirement to inform the user whose content it is, nor to inform the public that the content is being removed. It just disappears, into a memory hole. It does not require a paranoid conspiracy theorist to see this as a grave threat to freedom of speech. Many human rights activists and lawyers have made a very strong case that the IT Rules on Intermediary Due Diligence are unconstitutional. Parliament still has an opportunity to reject these rules until the end of the 2012 budget session. Parliamentarians must act now to uphold their oaths to the Constitution.

For more details visit https://cis-india.org/internet-governance/online-pre-censorship-harmful-impractical

CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement

pranesh — 2011-12-01T15:30:38Z

The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement (ACE) is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash intervened during the discussion of future work of the ACE with this comment.

Thank you, Chair.

I just wanted to point out that some of the proposals on future work could be worded better to reflect their true meaning. For instance, one of the proposal calls for control of the problem of "parallel import". However, "parallel importation" is actually allowed by both the TRIPS Agreement and by various other instruments such as the Berne Convention? Indeed, calling “parallel import” a problem is like calling "exceptions and limitations" a problem. This is a view that has been firmly rejected here at WIPO, especially post the adoption of the WIPO Development Agenda. This, quite obviously, could not have been the intention of the proposal framers.

Further, the link between some of the proposals and the Development Agenda could be made clearer. It has been established that the Development Agenda is not just something for the Committee on Development and Intellectual Property (CDIP) to consider, but for all committees to make an integral part of their work.

I would also like to underscore the importance of evidence-based policy-making.

Lastly, I would like to mention that a report has already been commissioned by WIPO on intermediary liability, which was written by Prof. Lilian Edwards and was released in a side-event during SCCR 22, in June 2011.

If the ACE is going ahead with a study or an event, I would suggest that the UN Special Rapporteur on Freedom of Expression and Opinion, who in his report to the UN Human Rights Council dealt in some depth with intermediary liability, be involved or invited.

Thank you.

For more details visit https://cis-india.org/a2k/blogs/ace-7-future-work-cis-intervention

Comment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting

pranesh — 2011-12-01T11:59:45Z

The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash responded to a presentation by Prof. Pierre Sirinelli of the École de droit de la Sorbonne, Université Paris 1 on 'The French Charter on the Fight against Cyber-Counterfeiting of December 16, 2009' with this comment.

Thank you, Chair. I speak on behalf of the Centre for Internet and Society. First, I would like to congratulate you on your re-election.

And I would like to congratulate Prof. Sirenelli on his excellent presentation.

I would like to flag a few points, though:

One of the benefits of normal laws, as opposed to the soft/plastic laws, which he champions, is that normal laws are bound by procedures established by law, due process requirements, and principles of natural justice. Unfortunately, the soft/plastic laws, which in essence are private agreements, are not.
The report of the UN Special Rapporteur on the Freedom of Expression and Opinion made it clear in his report to the UN Human Rights Council that the Internet is now an intergral part of citizens exercising their right of freedom of speech under national constitutions and under the Universal Declaration of Human Rights. That report highlights that many initiatives on copyright infringement, including that of the French government with HADOPI and the UK, actually contravene the Universal Declaration of Human Rights
The right of privacy is also flagged by many as something that will have to be compromised if such private enforcement of copyright is encouraged.

I'd like to know Prof. Sirinelli's views on these three issues: due process, right of freedom of speech, and the right to privacy.

For more details visit https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment

Statement of CIS on the WIPO Broadcast Treaty at the 23rd SCCR

pranesh — 2011-11-30T06:55:43Z

The twenty-third session of the Standing Committee on Copyright and Related Rights is being held in Geneva from November 22, 2011 to December 2, 2011. Pranesh Prakash delivered this statement on a new proposal made by South Africa and Mexico (SCCR/23/6) on a treaty for broadcasters.

The Centre for Internet and Society would like to thank the South African and Mexican delegations for their hard work on this text before us.

We wish to reiterate the statement on principles provided last SCCR by many civil society non-governmental organizations, cable casters and technology companies opposing a rights-based Broadcasting Treaty, and would like to associate ourselves with the statements made today by Public Knowledge, Computer & Communications Industry Association, Knowledge Ecology International, International Federation of Library Associations, and the Canadian Library Association.

Broadcasters Already Protected Online

Broadcasters make two kinds of investments for which they are protected. They invest in infrastructure and they invest in licensing copyrighted works. The first investment is protected by 'broadcast rights', and the latter investment is protected by copyright law.

Broadcasters, being licensees of copyrighted works, generally already have rights of enforcement insofar as their licence is concerned. Therefore there is no need to provide for additional protections with regard to broadcasters in order to enable them to proceed against acts that violate existing copyright laws: they already have those rights by way of licence. This is often forgotten when talking about rights of broadcasters.

The investments to be made in infrastructure in traditional broadcast and in IP-based transmission are very different, even if it is the same 'traditional broadcasters' who are indulging in both. Given that this investment is the basis of additional protection for broadcaster over and above the rights provided to underlying copyright, IP-based transmissions should not be covered in any way even if it is traditional broadcast organizations that are engaged in them.

Providing new and separate rights to large broadcasters for their online transmission, as is currently being done via the provision on 'retransmission' while excluding small webcasters will create a hierarchy and a class distinction without any basis in either principle or existing laws.

Support Countries' Concerns

We also wish to support the amendments suggested by the Indian delegation. As we were reminded by the Indian delegation, the General Assembly mandate of 2007 only extends to traditional broadcasting and to a signal-based approach. In this regard, we also wish to support the question posed by the United States delegation between signal-based and rights-based approaches, as also the strong statement by the Brazilian delegation on the need to ensure that cultural diversity and competition are protected and promoted by any international instrument on broadcasting, and we would like to add 'preservation of a vibrant public domain' as provided by Paragraph 16 of the WIPO Development Agenda.

Thank you, Chair.

For more details visit https://cis-india.org/a2k/blogs/sccr-23-broadcast-cis-statement

Sources of CIS Funding

pranesh — 2018-07-07T01:19:19Z

CIS's donors' names and the amount of the grants they've provided are being published in an effort to be absolutely transparent and to make it clear that our donors do not dictate the policy and research positions we espouse.

To access the latest information on CIS funding click here

According to some news reports, the Centre for Internet and Society's criticisms of some government policies are being seen as being motivated by our funding. To set the record clear, we are publishing the names of all our donors, and the amounts received from them. It is to be noted that this list does not include donors (such as Privacy International) with whom we have agreements, but from whom we have not yet received any funding.

	Name of Donor	2008–2009	2009–2010	2010–2011	2011–2012	2012–2013	Total
1	Kusuma Trust	र14,473,000	र21,226,199	र22,190,787	र10,000,000	र2,32,99,038	र9,11,89,024
2	Hans Foundation					र1,40,85,662	र1,40,85,662
3	Wikimedia Foundation					र1,11,41,246	र1,11,41,246
4	Hivos		र6,49,635	र47,68,347	र22,82,939		र77,00,921
5	Ford Foundation				र45,01,370		र45,01,370
6	Privacy International					र25,05122	र25,05,122
7	Estudios para la Democracia Social			र24,32,877			र24,32,877
8	LexUM		र13,49,137	र7,11,716			र20,60,853
9	Open Society Institute, London			र900,000			र9,00,000
10	National Internet Exchange of India		र535,000	र100,000			र6,35,000
11	International Telecommunications Union			र616,487			र6,16,487
12	Rohini Nilekani		र5,00,000				र5,00,000
13	UNESCO			र2,63,480			र2,63,480
14	iCommons			र2,22,300			र2,22,300
15	Centre for the Study of Culture and Society			र1,61,100			र1,61,100
16	National Institute for the Visually Handicapped		र50,000				र50,000
Total		र1,44,73,000	र2,43,09,971	र3,23,67,094	र1,22,82,939	र5,10,31,068	र13,89,65,320

While CIS is not opposed to corporate funding (and is not opposed to corporations), we do not adopt policy positions on the basis of our funding. We adopt policy positions based on what we consider is in the public interest, specifically in the interest of consumers and developing countries such as India, as that would give effect to CIS's vision statement. While these interests may sometimes align themselves with the interests of multi-national corporations, it often does not.

For more details visit https://cis-india.org/internet-governance/sources-cis-funding

CIS Comments on the Draft National Policy on Electronics

pranesh — 2011-11-01T00:05:32Z

These were the comments submitted by CIS to the request for comments put out by the Department of Information Technology on its draft 'National Policy on Electronics'.

The Department of Information Technology must be commended for taking the initiative to create this policy which aims to reduce India’s dependence on other countries for crucial electronic hardware requirements, and to increase Indian production to such a capacity as to not only serve India’s increasing demand for electronics, but to fulfil foreign demand as well.

We have mainly focused our comments on the implications of the patent regime on this laudable goal.

Technology Transfer

An area that the policy is silent on is technology transfer. In relation to technology, the main bargain embedded in the Trade-Related Intellectual Property Rights (TRIPS) Agreement of the WTO was the increase in the level of protection offered under patent laws of developing countries in exchange for increased transfer of technological know-how from the developed countries. While India has increased patent protection in accordance with the TRIPS Agreement, there has been no commensurate transfer of technology from countries which are currently hubs of electronics know-how.

One important example is China’s policy on transfer of technology along the whole value chain to enable domestic firms to gain technological expertise.

The Association of American Manufacturing notes, “One of the most potent weapons China has used to move up the value chain is forced technology transfer … It is only through the acquisition (rather than internal development) of sophisticated technologies that Chinese companies have been able to rapidly enter and expand in sophisticated industries ….”

This insistence on technology transfer as a national policy has served China well, and their experience should be incorporated into India’s National Policy on Electronics. This is not to say that India should not internally develop our own technological capabilities, but that the Indian government must use the policy space available to it to ensure that acquisition of technological capabilities happens alongside.

Outflow of Foreign Exchange as Royalties Creating Adverse Balance of Payments

The latest data from the World Bank shows that our balance of payments is increasing adversely at an alarming rate, and has now reached over USD 2.38 billion.

Our royalty and licence fee payments have kept on increasing at an astounding rate.

Table: India’s royalty and licence fees payments (current USD)

1991	2006	2007	2008	2009	2010
49,565,208	845,949,436	1,159,824,391	1,528,826,913	1,860,283,808	2,437,500,663

Meanwhile India’s income is gaining slowly and erratically, and in 20100 reached USD 59.6 million.

Table: India’s royalty and licence fees, receipts (current USD)

1991	2006	2007	2008	2009	2010
615,525	13,445,053	30,690,000	27,211,957	38,128,141	59,560,687

This bleeds the Indian economy through a very inefficient outflow of capital. Insisting on transfer of technology is an important component in slowing down this trend.

Linking of Value Chain and Preferential Treatment

One important clarification that is needed in the policy (specifically clause IV.1.3) is that “domestically manufactured electronic products” is intended to mean not those products for which the last part of value has been added in India. This way essentially non-Indian products with Indian branding can be seen to be “domestically manufactured electronic products”. The longer the Indian part of the value chain, the more preference it should be given, and holding by Indian companies of essential patent rights (or the availability of greater number of components of the product under royalty-free, FRAND and RAND licences) could be an important criteria. This will also encourage the transfer of technological know-how to Indian firms.

Preferential Treatment

Some may argue that the provision of preferential treatment to domestic manufacturers contravenes the GATT Agreement, however the GATT Agreement itself provides a usable exception in Article 3(8):

Article III: National Treatment on Internal Taxation and Regulation

8 (a) The provisions of this Article shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of products purchased for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods for commercial sale.

(b) The provisions of this Article shall not prevent the payment of subsidies exclusively to domestic producers, including payments to domestic producers derived from the proceeds of internal taxes or charges applied consistently with the provisions of this Article and subsidies effected through governmental purchases of domestic products.

Thus, by crafting any further regulation under this policy to fit within this exception, India would not fall afoul of its obligations under GATT.

Cybersecurity and Source Code

An important aspect of the cybersecurity that is discussed in clause IV.5 is the ability to validate the lack of malicious code in the electronics used in strategically important infrastructure. For this, manufacturers must be required to provide the source code as part of government tenders in strategically important infrastructure.

Distinction between Innovation and Intellectual Property

The Electronic Development Fund must seek to promote innovation, research and development, and commercialization of products, and must be used to strategically acquire patents. Promotion of patents is not an end in itself, unlike promotion of innovation and ensuring that research and development reaches markets through commercialization. Patents are only a means to an end, and may sometimes be strategically useful, and often stand in way of gaining optimal use of technology by markets due to their monopolistic nature. Thus, it is recommended that “promotion of IP” be dropped from this clause, and instead “promotion of strategic acquirement and use of patents” be substituted in its place.

National Electronics Mission

The National Electronics Mission should not only have industry participation but also participation from academia and civil society.

Funding

The issue of funding for the initiatives outlined in this policy must be addressed as well.

For more details visit https://cis-india.org/internet-governance/comments-draft-national-policy-on-electronics

India's Statement Proposing UN Committee for Internet-Related Policy

pranesh — 2011-10-31T15:28:04Z

This is the statement made by India at the 66th session of the United Nations General Assembly, in which its proposal for the UN Committee for Internet-Related Policy was presented.

66th Session of the UN General Assembly

New York. October 26, 2011.

Agenda Item 16: Information and Communications

Technologies for Development (ICT): Global Internet Governance

Statement by India

Mr. Chairman,

We thank the Secretary-General for his report on enhanced cooperation on public policy issues pertaining to the Internet, contained in document A/66/77, which provides a useful introduction to the discussions under this agenda item.

As a multi-ethnic, multi-cultural and democratic society with an open economy and an abiding culture of pluralism, India emphasizes the importance that we attach to the strengthening of the Internet as a vehicle for openness, democracy, freedom of expression, human rights, diversity, inclusiveness, creativity, free and unhindered access to information and knowledge, global connectivity, innovation and socio-economic growth.

We believe that the governance of such an unprecedented global medium that embodies the values of democracy, pluralism, inclusion, openness and transparency should also be similarly inclusive, democratic, participatory, multilateral and transparent in nature.

Indeed, this was already recognized and mandated by the Tunis Agenda in 2005, as reflected in paragraphs 34, 35, 56, 58, 59, 60, 61 and 69 of the Agenda. Regrettably, in the six long years that have gone by, no substantial initiative has been taken by the global community to give effect to this mandate.

Meanwhile, the internet has grown exponentially in its reach and scope, throwing up several new and rapidly emerging challenges in the area of global internet governance that continue to remain inadequately addressed. It is becoming increasingly evident that the Internet as a rapidly-evolving and inherently global medium, needs quick-footed and timely global solutions and policies, not divergent and fragmented national policies.

The range and criticality of these pressing global digital issues that continue to remain unaddressed, are growing rapidly with each passing day. It is, therefore, urgent and imperative that a multilateral, democratic participative and transparent global policy-making mechanism be urgently instituted, as mandated by the Tunis Agenda under the process of ‘Enhanced Co-operation’, to enable coherent and integrated global policy-making on all aspects of global Internet governance.

Operationalizing the Tunis mandate in this regard should not be viewed as an attempt by governments to “take over” or “regulate and circumscribe” the internet. Indeed, any such misguided attempt would be antithetical not only to the internet, but also to human welfare. As a democratic and open society that has historically welcomed outside influences and believes in openness to all views and ideas and is wedded to free dialogue, pluralism and diversity, India attaches great importance to the preservation of the Internet as an unrestricted, open and free global medium that flourishes through private innovation and individual creativity and serves as a vehicle for open communication, access to culture, knowledge, democratization and development.

India recognizes the role played by various actors and stakeholders in the development and continued enrichment of the internet, and is firmly committed to multi-stakeholderism in internet governance, both at the national and global level. India believes that global internet governance can only be functional, effective and credible if all relevant stake-holders contribute to, and are consulted in, the process.

Bearing in mind the need for a transparent, democratic, and multilateral mechanism that enables all stakeholders to participate in their respective roles, to address the many cross-cutting international public policy issues that require attention and are not adequately addressed by current mechanisms and the need for enhanced cooperation to enable governments, on an equal footing, to carry out their roles and responsibilities in international public policy issues pertaining to the Internet, India proposes the establishment of a new institutional mechanism in the United Nations for global internet-related policies, to be called the United Nations Committee for Internet-Related Policies (CIRP). The intent behind proposing a multilateral and multi-stakeholder mechanism is not to “control the internet’’ or allow Governments to have the last word in regulating the internet, but to make sure that the Internet is governed not unilaterally, but in an open, democratic, inclusive and participatory manner, with the participation of all stakeholders, so as to evolve universally acceptable, and globally harmonized policies in important areas and pave the way for a credible, constantly evolving, stable and well-functioning Internet that plays its due role in improving the quality of peoples’ lives everywhere.

The CIRP shall be mandated to undertake the following tasks:

Develop and establish international public policies with a view to ensuring coordination and coherence in cross-cutting Internet-related global issues;
Coordinate and oversee the bodies responsible for technical and operational functioning of the Internet, including global standards setting;
Facilitate negotiation of treaties, conventions and agreements on Internet-related public policies;
Address developmental issues related to the internet;
Promote the promotion and protection of all human rights, namely, civil, political, social, economic and cultural rights, including the Right to Development;
Undertake arbitration and dispute resolution, where necessary; and,
Crisis management in relation to the Internet.

The main features of CIRP are provided in the annex to this statement. In brief, the CIRP will comprise 50 Member States chosen on the basis of equitable geographical representation, and will meet annually for two working weeks in Geneva. It will ensure the participation of all relevant stakeholders by establishing four Advisory Groups, one each for civil society, the private sector, inter-governmental and international organizations, and the technical and academic community. The Advisory Groups will provide their inputs and recommendations to the CIRP. The meetings of CIRP and the advisory groups will be serviced by the UNCTAD Secretariat that also services the meetings of the Commission on Science and Technology for Development. The Internet Governance Forum will provide inputs to CIRP in the spirit of complementarity between the two. CIRP will report directly to the General Assembly and present recommendations for consideration, adoption and dissemination among all relevant inter-governmental bodies and international organizations. CIRP will be supported by the regular budget of the United Nations; a separate Fund would be set up by drawing from the domain registration fees collected by various bodies, in order to mainly finance the Research Wing to be established by CIRP to support its activities.

Those familiar with the discourse on global internet governance since the beginning of the WSIS process at the turn of the millennium, will recognize that neither the mandated tasks of the CIRP, nor its proposed modalities, are new. The Working Group on Internet Governance (WGIG) set up by the UN Secretary- General had explicitly recognized the institutional gaps in global internet governance and had proposed four institutional models in its report to the UN General Assembly in 2005. The contours of the CIRP, as proposed above, reflect the common elements in the four WGIG institutional models. While the excellent report of the WGIG was much discussed and deliberated in 2005, unfortunately, no concrete follow-up action was taken to give effect to its recommendations on the institutional front. We hope that this anomaly will be redressed at least six years later, with the timely establishment of the CIRP.

In order to operationalize this proposal, India calls for the establishment of an open-ended working group under the Commission on Science and Technology for Development for drawing up the detailed terms of reference for CIRP, with a view to actualizing it within the next 18 months. We are open to the views and suggestions of all Member States, and stand ready to work with other delegations to carry forward this proposal, and thus seek to fill the serious gap in the implementation of the Tunis Agenda, by providing substance and content to the concept of Enhanced Co-operation enshrined in the Tunis Agenda.

Thank you, Mr. Chairman.

***

Annex

The United Nations Committee for Internet-Related Policies (CIRP)

The United Nations Committee for Internet-Related Policies (CIRP) will have the following features:

Membership: The CIRP will consist of 50 Member States of the United Nations, chosen/elected on the basis of equitable geographical representation. It will provide for equitable representation of all UN Member States, in accordance with established UN principles and practices. It will have a Bureau consisting of one Chair, three Vice-Chairs and a Rapporteur.

Meetings: The CIRP will meet annually for two working weeks in Geneva, preferably in May/June, and convene additional meetings, as and when required. The UNCTAD Secretariat will provide substantive and logistical support to the CIRP by servicing these meetings.

Multi-stakeholder participation: Recognizing the need to involve all stakeholders in Global Internet Governance in their respective roles, the CIRP shall ensure the participation of all stakeholders recognized in the Tunis Agenda. Four Advisory Groups – one each for Civil Society, the Private Sector, Inter-Governmental and International Organisations, and the Technical and Academic Community - will be established, to assist and advise the CIRP. These Groups would be self-organized, as per agreed principles, to ensure transparency, representativity and inclusiveness. The Advisory Groups will meet annually in Geneva and in conjunction with any additional meetings of the CIRP. Their meetings will be held back-to- back with the meetings of the CIRP, so that they are able to provide their inputs and recommendations in a timely manner, to the CIRP.

Reporting: The CIRP will report directly to the UN General Assembly annually, on its meetings and present recommendations in the areas of policy and implementation for consideration, adoption and dissemination to all relevant inter-governmental bodies and international organizations. .

Research Wing: The Internet is a rapidly-evolving and dynamic medium that throws up urgent and rapidly-evolving challenges that need timely solutions. In order to deal effectively and prudently with these emerging issues in a timely manner, it would be vital to have a well-resourced Research Wing attached to the CIRP to provide ready and comprehensive background material, analysis and inputs to the CIRP, as required.

Links with the IGF: Recognizing the value of the Internet Governance Forum as an open, unique forum for multi-stakeholder policy dialogue on Internet issues, the deliberations in the IGF along with any inputs, background information and analysis it may provide, will be taken as inputs for consideration of the CIRP. An improved and strengthened IGF that can serve as a purposeful body for policy consultations and provide meaningful policy inputs to the CIRP, will ensure a stronger and more effective complementarity between the CIRP and the IGF.

Budget: Like other UN bodies, the CIRP should be supported by the regular budget of the United Nations. In addition, keeping in view its unique multi-stakeholder format for inclusive participation, and the need for a well-resourced Research Wing and regular meetings, a separate Fund should also be set up drawing from the domain registration fees collected by various bodies involved in the technical functioning of the Internet, especially in terms of names and addresses.

***

Excerpts from the Tunis Agenda

Paragraph 34 of the Tunis Agenda defines Internet Governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet”.

Paragraph 35 reaffirms the respective roles of stakeholders as follows: “(a) Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues”. (b) The private sector has had, and should continue to have, an important role in the development of the Internet, both in the technical an economic fields. (c) Civil society has also played an important role on Internet matters, especially at community level, and should continue to play such a role. (d) Intergovernmental organizations have had, and should continue to have, a facilitating role in the coordination of Internet-related public policy issues. (e) International organizations have also had and should continue to have an important role in the development of Internet-related technical standards and relevant policies.”

While delineating the respective roles of stakeholders, Paragraph 56 recognizes the need for an inclusive, multi-stakeholder approach by affirming that “The Internet remains a highly dynamic medium and therefore any framework and mechanisms designed to deal with Internet governance should be inclusive and responsive to the exponential growth and fast evolution of the Internet as a common platform for the development of multiple applications”.

Paragraph 58 recognizes “that Internet governance includes more than Internet naming and addressing. It also includes other significant public policy issues such as, inter alia, critical Internet resources, the security and safety of the Internet, and developmental aspects and issues pertaining to the use of the Internet”.

Paragraph 59 further recognizes that “Internet governance includes social, economic and technical issues including affordability, reliability and quality of service”. Paragraph 60 further recognizes that “there are many cross-cutting international public policy issues that require attention and are not adequately addressed by the current mechanisms”.

Paragraph 61 of the Tunis Agenda therefore concludes that “We are convinced that there is a need to initiate, and reinforce, as appropriate, a transparent, democratic, and multilateral process, with the participation of governments, private sector, civil society and international organisations, in their respective roles. This process could envisage creation of a suitable framework or mechanisms, where justified, thus spurring the ongoing and active evolution of the current arrangements in order to synergize the efforts in this regard”.

Paragraph 69 further recognizes “the need for enhanced cooperation in the future, to enable governments, on an equal footing, to carry out their roles and responsibilities, in international public policy issues pertaining to the Internet, but not in the day-to-day technical and operational matters, that do not impact on international public policy issues”.

***

For more details visit https://cis-india.org/internet-governance/blog/india-statement-un-cirp

Analysis of DIT's Response to Second RTI on Website Blocking

pranesh — 2011-12-02T09:26:11Z

In this blog post, Pranesh Prakash briefly analyses the DIT's response to an RTI request on website blocking alongside the most recent edition of Google's Transparency Report, and what it tells us about the online censorship regime in India.

What the DIT's Response Tells Us, and What It Doesn't

We at the Centre for Internet and Society had sent in a right to information request to the Department of Information Technology (DIT) asking for more information about website blocking in India. The response we got from the DIT was illuminating in many ways. The following are the noteworthy points, in brief:

Six government officials, and one politician have so far made requests for 'disabling access' to certain online content under s.69A of the Information Technology (IT) Act.
68 individual items have been requested to be blocked, those being 64 websites (domain-level blocking), 1 sub-domain, and 3 specific web pages. Seemingly, none of these requests have been accepted.
The data provided by the government seemingly conflicts with the data released by the likes of Google (via its Transparency Report).
India's law enforcement agencies are circumventing the IT Act, the Indian Penal Code (IPC), and ultimately the Constitution, by not following proper procedure for removal of online content.
Either the DIT is not providing us all the relevant information on blocking, or is not following the law.

Conflicting Data on Censorship Requests

The latest Google Transparency Report, released on October 25, 2011, shows that there were 68 written requests (imaginably taking the form of forceful requests/orders) from Indian law enforcement agencies for removal of 358 items from Google's various. If you take the figures since January 2010, it adds up to over 765.

However, the official government statistics show only eight separate requests having been made to the DIT (which, under the IT Act, is the only authority that can order the blocking of online content), adding up to a total of 64 websites (domain-level), 1 sub-domain, and 3 specific web pages. Of these only 3 are for Google's services (2 for Blogger, and 1 for YouTube).

If classified according to presumable reason for seeking of the block, that would be 61 domains hosting adult content; 1 domain (tamil.net.in), 1 sub-domain (ulaginazhagiyamuthalpenn.blogspot.com), and 2 specific pages (video of a speech by Bal Thackeray on YouTube and Wikipedia page for Sukhbir Singh Badal) for political content; 1 for religious content (a blog post titled "Insults against Islam" in Malay); and 1 domain hosting online gambling (betfair.com). It is unclear for why one of the requests was made (topix.net).¹

Content Removal vs. Content Blocking

Section 69A of the IT Act provides the Central Government the power to "direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource". The only person through whom this power can be exercised is the 'Designated Officer' (currently Dr. Gulshan Rai of the DIT), who in turn has to follow the procedure laid down in the rules drafted under s.69A ("Information Technology (Procedure and Safeguard for Blocking for Access of Information by Public) Rules, 2009", the 'Blocking Rules').

Because of this, we see everyone from the Secretary of the Public Law and Order Department of Tamil Nadu to the Joint Commissioner of Police of Mumbai and the State President of the Bharatiya Janata Minority Morcha approaching the Designated Officer for blocking of websites.

However, as the data from Google shows, there are many times more requests being sent to remove content. The only explanation for this is that an order to 'block for access... or cause to be blocked for access by the public' is taken to be different from an order for removal of content. Nothing in the IT Act, nor in the Blocking Rules actually address this issue.²

Thus, there is a possibility that the forcible removal of content is treated separately from blocking of content. That would mean that while blocking is regulated by the IT Act, forcible removal of content is not. Thus, it would seem that forcible removal of online content is happening without clear regulation or limits.³

Role of the Indian Penal Code and Code of Criminal Procedure

There are existing provisions in the Indian Penal Code that provide the government the power to censor book, pamphlets, and other material on varied grounds, including obscenity, causing of enmity between communities, etc. The police is provided powers to enforce such governmental orders. Section 95 of the Code of Criminal Procedure allows the State Government to declare (through an official notification) certain publications which seem to violate the Indian Penal Code as 'forfeited to the Government' and to issue search warrants for the same. After this the police can enforce that notification.

It is clear that this is not the case for any of the content removal requests that were sent to Google.

Police Are Defeating the Constitution and the IT Act

Therefore, it would seem that law enforcement agencies are operating outside the bounds set up under the Indian Penal Code, the Code of Criminal Procedure, as also the Information Technology Act, when they send requests for removal of content to companies like Google. While a company might comply with it because it appears to them to violate their own terms of service (which generally include a wide clause about content being in accordance with all local laws), community guidelines, etc., it would appear that it is not required under the law to do so if the order itself is not legal.

However, anecdotal evidence has it that most companies comply with such 'requests' even when they are not under any legal obligation to do so.

This way the intention of Parliament in enacting s.69A of the IT Act—to regulate government censorship of the Internet and bring it within the bounds laid down in the Constitution—is defeated.

DIT Either Evasive or Not Following Rules

The DIT did not provide answers on:

Whether any block ordered by the DIT has ever been revoked
On what basis DIT decides which intermediary (web host, ISP, etc.) to send the order of blocking to

It also provided the minutes for only one meeting⁴ of the committee that decides whether to carry out a block, when we had requested for minutes of all the meetings it has ever held. That committee (the Committee for Examination of Requests, constituted under Rule 8(4) of the Blocking Rules) has to consider every single item in every single request forwarded to the Designated Officer, and 68 items were sent to the Designated Officer in 6 requests. Quite clearly something doesn't add up. Either the Committee is not following the Blocking Rules or the DIT is not providing a full reply under the RTI Act.

A request was made to block http://www.topix.net, by the 'Commmissioner, Maharashtra State, Colaba, Mumbai—400001', presumably the Commissioner of State Intelligence Department of Maharashtra, whose office is located in Colaba. ↩
However, the Blocking Rules require the person or the hosting intermediary being contacted for a response. This provides the person/intermediary the opportunity to remove the content voluntarily or to oppose the request for blocking.

"Rule 8. Examination of request: (1) On receipt of request under rule 6, the Designated Officer shall make all reasonable efforts to identify the person or intermediary who has hosted the information or part thereof as well as the computer resource on which such information or part thereof is being hosted and where he is able to identify such person or intermediary and the computer resource hosting the information or part thereof which have been requested to be blocked for public access, he shall issue a notice by way of letters or fax or e-mail signed with electronic signatures to such person or intermediary in control of such computer resource to appear and submit their reply and clarifications if any, before the committee referred to in rule 7, at a specified date and time, which shall not be less than forty-eight hours from the time of receipt of such notice by such person or intermediary." ↩
While it is possible to imagine that the Indian Penal Code and the Code of Criminal Procedure lay down limits, it is clear from the Google Transparency Report that the requests from removal are not coming based only on court orders, but from the executive and the police. The police have no powers under the IPC or the CrPC to request removal of content without either a public notification issued by the State Government or a court order. ↩
The minutes of the meeting held on August 24, 2010, on the request for blocking of www.betfair.com were sent as 'Annexure III' of the DIT response. This request was not granted. ↩

For more details visit https://cis-india.org/internet-governance/blog/analysis-dit-response-2nd-rti-blocking

Text of DIT's Response to Second RTI on Website Blocking

pranesh — 2011-10-28T14:37:34Z

CIS had filed a request under the Right to Information Act with the government, asking a number of questions relating to blocking of content under the IT Act. We have reproduced below the response we got from the government.

Government of India
Ministry of Communications & Information Technology
Department of Information Technology
Electronics Niketan, 6 CGO Complex,
New Delhi-110003

No: 14(12)/2011-ESD
10.6.2011

Shri Pranesh Prakash,
Centre for Internet and Society,
194, 2C Cross, Domlur Stage II,
Bangalore - 560071

Subject: Request for information under RTI Act, 2005.

Sir,
Reference your request dated 13 May 2011, which was received in this office on 18.5.2011 on the above subject.

The information as received from the custodian of information is attached herewith (Annexure-I, II and III).

Yours faithfully,
(A.K.Kaushik)
Additional Director & CPIO
Cyber Laws & E-Security Division
Tel: 011-24364803

Annexure I

Reply to Shri Pranesh Prakash

How many orders have been issued for blocking of computer resources prior to the coming into force of the Information Technology (Amendment) Act, 2008 (i.e., before October 27, 2009) under the Information Technology Act, 2000, or any other law for the time being in force.

Reply - Five orders were issued for blocking access to web content.

Please provide a list of all the websites for which the DIT has issued blocking orders and the dates on which each website was blocked.

Reply - The following websites have been blocked pursuant to court orders

Sl	Website	Date of issuing direction by designated officer
1.	www.zone-h.org	08.03.2010
2.	http://donotdiall00.webs.com (IP 216.52.115.50)	08.08.2010
3.	www.bloggernews.net/124029	15.11.2010
4.	http://www.google.co.in/#hl=en&source=hp&biw=-1276&bih=843&=dr+babasaheb+ambedkar+wallpaper&aq=4&aqi=gl0&aql=&oq=dr+babas& gs_ rfai=&fp=e791fe993fa412ba	20.12.2010
5.	http://www.cinemahd.net/desktopenhancements/wallpaper/23945-wallpapers-beautiful-girl-wallpaper.html	20.12.2010
6.	http://www.chakpak.com/find/images/kamasutra-hindi-movie	20.12.2010
7.	http://www.submitlink.khatana.net/2010/09/jennifer-stano-is-engaged-to.html	20.12.2010
8.	http://www.result.khatana.net/2010/11/im-no-panty-girl-yana-gupta-wardrobe.html	20.12.2010
9.	http://www.facebook.com/pages/I-Hate-Ambedkar/172025102828076	25.02.2011
10.	www.indybay.org	17.03.2011
11.	www.arizona.indymedia.org	17.03.2011

Please provide a list of all the persons to whom such orders were issued.

Reply - The directions were issued to Department of Telecommunications.
Please provide a list of all the requests for blocking of information that have been received by the Designated Officer under the Information Technology (Procedures and Safeguards for Blocking Access of Information by Public) Rules, 2009 ("Rules").
Please provide a list of all persons/authorities from whom the Designated Officer under the Rules has received requests for blocking of information and the dates these requests were received.

Reply 4 & 5 - The details are given in Annexure-II.
Please provide the files on all the complaints and requests that have been rejected, including file noting.
Please provide the files on all the complaints and requests that have been accepted, including file noting.
Please provide the files on all the complaints and requests that are still being processed (e.g. more information has been sought on the request), including file notings.

Reply 6,7 & 8 - Files are available in section and can be viewed.
Please provide us copies of the minutes of all meetings held by the Committee for Examination of Requests under Rule 8(4) of the Rules.
Please provide copies of all the recommendations of the Committee for Examination of requests under Rule 8(4) of the Rules.

Reply 9 & 10 - Copy of the minutes/recommendation of the meeting of the Committee is at Annexure III.
Please provide us the dates and copies of the minutes of all meetings held by the Review Committee under Rule 14 of the Rules to periodically review the blocked resources.
Please provide us copies of all the findings of the Review Committee.
If the Review Committee has not met, please provide us the reason for the meetings not happenings as per the requirement of Rule 14 of the Rules.

Reply 11, 12 & 13 - This meeting is coordinated by Department of Telecommunications and DIT is not in possession of details.
Does "intermediary" in Rule 13 include intermediaries not located in India?

Reply - Such type of information is not permitted under RTI Act as per DOPT OM No. 1/7/2009 - IR dated 1st June 2009.
Has any block ordered by the DIT ever been revoked by the DIT or any other governmental authority?

Reply - Such questions are not permitted under RTI Act as per DOPT OM No. 1 /7/2009 IR dated 1st June 2009.
On what basis does the DIT decide whether the appropriate intermediary is the person who has put up content, the web host, or the different Internet service providers in India?

Reply - Such type of information is not permitted under RTI Act as per DOPT OM No. 1/7/2009 - IR dated 1st June 2009.
Does Rule 16 of the Rules override the Right to Information Act?

Reply - Such type of information is not admissible under RTI Act as per DOPT OM No. 1/7/2009 - IR dated 1st June 2009.
If the answer to the previous question is yes, please provide any correspondence with any legal officer who provided the DIT advice that it could override the Right to Information Act through delegated legislation.

Reply - Such type of information is not admissible under RTI Act as per DOPT OM No. 1/7/2009 - IR dated 1st June 2009.

Annexure II

Request received by Designated Officer

Website	Date of receipt of request	Request by
www.tamil.net.in	29.03.2010	Secretary Public (Law & Order) Deptt. Secretariat, Chennai 600 009
www.betfair.com	28.06.2010	Sr. Inspector, Cyber Crime Cell, Mumbai
http://www.youtube.com/ch?watv=tHUNESaC0E4	05.07.2010	Jt. Commissioner of Police (Crime), Mumbai
http://ulaginazhagiyamuthalpenn.blogspot.com	21.07.2010	Principal Secretary, IT Department, Chennai–600 009
en.wikipedia.org/Wiki/Sukhbir Singh Badal	11.08.2010	Principal Secretary to Govt. of Punjab, Dept. of IT, Chandigarh
http://www.exbii.com http://www.topix.net	05.10.2010	Commissioner, Maharashtra State, Colaba, Mumbai–400 001
http://ashsyumul.blogspot.com/2009/12/penginaan-terhadap-islam.html	20.08.2010	Shri Haneef Ali, State President, Bharatiya Janata Minority Morcha, Andhra Pradesh
http://www.angelsofindia.com/ http://www.adult-gals.com/ http://www.indianangels.net/ http://www.arabexposed.com/ http://indiamafia.com/ http://www.indianasfuckers.com http://www.indianpronvideos.in/ http://www.peterporntube.com http://www.bollywood-sex.net/ http://www.indianworldsex.com/ http://indianhomevideo.com/ http://indian-pakistani-girls.com http://indianvidz.com http://indianparadise.net/ http://bollywoodscandals.net/ http://indiansexpics.net/ http://www.indian-hardcore-movies.com/ http://www.bollywoodnudesex.net/ http://www.bangmyindianwife.com/ http://www.indian-angel-teens.com/ http://south-indian-sex.com/ http://www.indianseduction.com/ http://www.indiansexuniversity.com http://www.indianpassion.com/ http://fuckmyindianass.com http://indiansexwebcams.com/ http://exoticpics4u.com/ http://www.indianfreesexmovies.com/ http://www.newsindiansexmovies.com/ http://www.peterporn.net/ http://www.3xindianmovies.com/ http://www.amateur-indian-girls.com/ http://www.bollywoodhardcore.net http://www. indiansexpost.com/ http://www.desi-amateurs.com/ http://www.3xasianmovies.com/ http://allindiansex.com/ http://www.indiapornmovies.com http://www.3xindiansex.com/ http://www.indianxclips.com/ http://indiansexvideos.org http://www.pureindianporn.com/ http://indian-porn-sex.com http://www.newsindianpornmovies.com http://juicyindiangirls.com http://www/hardcoreindiansex.net http://bollywoodboobs.com http://indianmovietgp.com/ http://www.365indian.com http://www.indian-sex-hoes.com/ http://www.indian-sex-photos.net/ http://www.indian-free-sex.com/ http://www.indian-sex-movies.org http://ww.tamil-sex-movies.net/ http://www.indianteens.org/ http://www.sexyindianbooty.com http://www.indianposing.com http://www.pornhub.com/ http://www.indianpornhub.com/ http://www.exvideos.com	25.11.2010	Jt.Commissioner of Police (Crime), Mumbai

Annexure III

Minutes of the meeting held on 24-08-2010 for the request for blocking of website www.betfair.com

A meeting of "Committee for examination of request" constituted under the provisions of Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009 under section 69A of the Information Technology Act, 2000 was held on 24.08.2010 at Electronics Niketan. New Delhi to examine the Request sent by Government of Maharashtra to block the website www.betfair.com. The meeting was participated by the following members:

Dr. Gulshan Rai, Group Coordinator, Department of Information Technology
Shri Dharmendra Sharma, Joint Secretary, Ministry of Home Affairs
Shri Arvind Kumar, Joint Secretary, Ministry of Information & Broadcasting
Shri Ashok C. Prakash, Additional L.A., Department of Legal Affairs
Shri B.J. Srinath, Sr. Director, CERT-In

The Committee discussed the case and observed that Govt. of Maharashtra has requested for blocking of website www.betfair.com on the grounds of "public order". The Committee also noted the reply from Cyber Crime Cell, Mumbai that no case has been registered against www.betfair.com. Further, no details suggesting the "impact" of the said site on public order has been made available by the State Government.

Keeping in view the directions of the Hon'ble High Court to dispose the application strictly as per law, the Committee assessed that based on the data/facts/details provided by Government of Maharashtra and Cyber Crime Cell, Mumbai, violation of section 69A of the Information Technology Act, 2000 is not being established.

Download a scanned version of the letter received from the DIT office here [PDF, 1.74 MB]

For more details visit https://cis-india.org/internet-governance/dit-response-2nd-rti-blocking

CIS-TWN Analysis of WIPO Treaty for the Print Disabled (SCCR/22/15)

pranesh — 2011-10-12T08:29:01Z

CIS and the Third World Network (TWN) conducted a quick analysis of the "Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America" presented as WIPO document numbered SCCR/22/15.

SCCR/22/15

ORIGINAL: English

DATE: June 20, 2011

Standing Committee on Copyright and Related Rights

Twenty-Second Session Geneva, June 15 to 24, 2011

Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America

PREAMBLE

Recalling the principles of non-discrimination, equal opportunity and access, proclaimed in the United Nations Convention on the Rights of Persons with Disabilities,

Mindful of the obstacles that are prejudicial to human development and the fulfillment of disabled persons with regard to education, research, access to information and communication,

Emphasizing the importance of copyright protection as an incentive for literary and artistic creation and enhancing opportunities for everyone to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits,

Recognizing the importance of both accessibility to the achievement of equal opportunities in all spheres of society and of the protection of the rights of authors in their literary and artistic works in a manner as effective and uniform as possible,

Aware of the many barriers to access to information and communication experienced by persons who are blind or have limited vision, or have other disabilities regarding access to published works,

Aware that the majority of visually impaired persons/persons with a print disability live in countries of low or moderate incomes,

Desiring to provide full and equal access to information, culture and communication for the visually impaired persons/persons with a print disability and, towards that end, considering the need both to expand the number of works in accessible formats and to improve access to those works,

Recognizing the opportunities and challenges for the visually impaired/persons with a print disability presented by the development of new information and communication technologies, including technological publishing and communication platforms that are transnational in nature,

Recognizing the need to seek, receive and impart information and ideas through any media and regardless of frontiers,

Aware that national copyright legislation is territorial in nature, and where activity is undertaken across jurisdictions, uncertainty regarding the legality of activity undermines the development and use of new technologies and services that can potentially improve the lives of the visually impaired/persons with print disabilities,

Recognizing the large number of Members who, to that end, have established exceptions and limitations in their national copyright laws for visually impaired persons/persons with a print disability, yet the continuing shortage of works in ~~special~~accessible formats for such persons,

Recognizing that the preference is for works to be made accessible by rightholders to people with disabilities at publication and that, to the extent that the market is unable to provide appropriate access to works for visually impaired persons/persons with a print disability, it is recognized that alternative measures are needed to improve such access,

Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, and that such a balance must facilitate effective and timely access to works for the benefit of visually impaired persons/persons with a print disability,

Emphasizing the importance and flexibility of the three-step test for limitations and exceptions established in Article 9(2) of the Berne Convention and other international instruments,

Considering the discussions within the WIPO Standing Committee on Copyright and Related Rights on the issue of exceptions and limitations for the benefit of visually impaired persons/persons with a print disability and the various proposals tabled by Member States,

Prompted by a desire to contribute to the implementation of the relevant recommendations of the Development Agenda of the World Intellectual Property Organization,

Taking into account the importance of an international legal instrument/joint recommendation/treaty both to increase the number and range of accessible format works available to visually impaired persons/persons with a print disability in the world and to provide the necessary minimum flexibilities in copyright laws that are needed to ensure full and equal access to information and communication for persons who are visually impaired/have a print disability in order to support their full and effective participation in society on an equal basis with others and to ensure the opportunity to develop and utilize their creative, artistic and intellectual potential, for their own benefit and for the enrichment of society,

Have agreed as follows:

ARTICLE A

DEFINITIONS

For purposes of these provisions

"work" means a work in which copyright subsists, whether published or otherwise made publicly available in any media.

"accessible format copy" means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without a print disability. The accessible format copy must respect the integrity of the original work and be used exclusively by beneficiary persons~~persons with print disabilities~~.¹

[Possible enumeration of different formats.]²

"authorized entity" means a governmental agency, a non-profit entity or an~~non-profit~~ organization³ that has as one of its ~~primary missions~~activities to assist persons with print disabilities by providing them with services relating to education, training, adaptive reading, or information access.

An authorized entity maintains policies and procedures to establish the bona fide nature of persons with print disabilities that they serve.

An authorized entity has the trust of both persons with print disabilities and copyright rights holders. It is understood that to obtain the trust of rightholders and beneficiary persons, it is not necessary to require the prior permission of said rightholders or beneficiary persons.⁴

~~If an authorized entity is a nation-wide network of organizations, then all organizations, institutions, and entities that participate in the network must adhere to these characteristics.~~

"reasonable price for developed countries" means that the accessible format copy of the work is available at a similar or lower price than the price of the work available to persons without print disabilities in that market.

"reasonable price for developing countries" means that the accessible format copy of the work is available at prices that are affordable in that market, taking into account the humanitarian needs of persons with print disabilities.

References to 'copyright' include copyright and any relevant rights related to copyright that are provided by a Contracting Party in compliance with ~~the Rome Convention, the TRIPS Agreement, the WPPT or otherwise~~any applicable international treaties or otherwise.⁵

ARTICLE B

BENEFICIARY PERSONS

A beneficiary person is a person who

is blind;
has a visual impairment or a perceptual or reading disability, such as dyslexia, which cannot be improved by the use of corrective lenses to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or
is unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.

ARTICLE C

NATIONAL LAW EXCEPTIONS ON ACCESSIBLE FORMAT COPIES

Member State/Contracting Party should/shall provide in their national copyright law for an exception or limitation to the right of reproduction, the right of distribution and the right of making available to the public, as defined in article 8 of the WCT, for beneficiary persons as defined herein.
A Member State/Contracting Party may fulfill Article C (1) by providing an exception or limitation in its national copyright law such that
1. Authorized entities shall be permitted without the authorization of the owner of copyright to make an accessible format copy of a work, supply that accessible format copy or an accessible format copy obtained from another authorized entity to a beneficiary person by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, when all of the following conditions are met:
  1. the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;
  2. the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;
  3. copies of the work in the accessible format are supplied exclusively to be used by beneficiary persons; and
  4. ~~4. the activity is undertaken on a non-profit basis.~~ ⁶
  5. A beneficiary person or someone acting on his or her behalf may make an accessible format copy of a work for the personal use of the beneficiary person where the beneficiary person has lawful access to that work or a copy of that work.
2. A Member State/Contracting Party may fulfill Article C (1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
3. The Member State/Contracting Party may limit said exceptions or limitations to published works which, in the applicable ~~special~~accessible format, cannot be otherwise obtained within a reasonable time and at a reasonable price.
4. It shall be a matter for national law to determine whether exceptions or limitations referred to in this Article are subject to remuneration.
ARTICLE D

CROSS-BORDER EXCHANGE OF ACCESSIBLE FORMAT COPIES
1. Member States/Contracting Parties should/shall provide that if an accessible format copy of a work is made under an exception or limitation or export license in their national law, that accessible format copy may be distributed or made available to a beneficiary person in another Member State/Contracting Party by an authorized entity ~~where that other Member State/Contracting Party would permit that beneficiary person to make or import that accessible copy~~.⁷
2. A Member State/Contracting Party may fulfill Article D(1) by providing an exception or limitation in its national copyright law such that:
  1. Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to authorized entities in other Member States/Contracting Parties for the exclusive use of persons with print disabilities, where such activity is undertaken on a non-profit basis.⁸
  2. Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to persons with print disabilities in other Member States/Contracting Parties where the authorized entity has verified the individual is properly entitled to receive such accessible format copies under that other Member State/Contracting Party's national law.⁹
The Member State/Contracting Party may limit said distribution or making available to published works which, in the applicable ~~special~~accessible format, cannot be otherwise obtained within a reasonable time and at a reasonable price, in the country of importation.
1. Without prejudice to other exceptions to the exclusive rights of authors that are otherwise permitted by the Berne Convention or the TRIPS Agreement, a Member State/Contracting Party may fulfill Article D(1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.
ARTICLE E

IMPORTATION OF ACCESSIBLE FORMAT COPIES

To the extent that national law would permit a beneficiary person or an authorized entity acting on the beneficiary person’s behalf to make an accessible format copy of a work, the national law should/shall permit a beneficiary person or an authorized entity acting on that person's behalf to import an accessible format copy.¹⁰

ARTICLE F

CIRCUMVENTION OF TECHNOLOGICAL PROTECTION MEASURES

Member States/Contracting Parties should/shall ensure that beneficiaries of the exception provided by Article C have the means to enjoy the exception where technological protection measures have been applied to a work.

In the absence of voluntary measures by rightholders and to the extent that copies of the work in the accessible format are not available commercially at a reasonable price or via authorized entities, Member States/Contracting Parties should/shall take appropriate measures to ensure that beneficiaries of the exception provided by Article C have the means of benefiting from that exception when technical protection measures have been applied to a work, to the extent necessary to benefit from that exception.¹¹

~~ARTICLE G~~

~~RELATIONSHIP WITH CONTRACTS~~

~~Nothing herein shall prevent Member States/Contracting Parties from addressing the relationship of contract law and statutory exceptions and limitations for beneficiary persons.~~

ARTICLE H

RESPECT FOR PRIVACY

In the implementation of these exceptions and limitations, Member States/Contracting Parties should/shall endeavour to protect the privacy of beneficiary persons on an equal basis with others.

[End of document]
1. This change must be replicated everywhere where appropriate. ↩
2. Formats should not be enumerated, since even the disabilities are not enumerated. ↩
3. Non-profit organizations alone cannot cope with the needs of visually impaired people in the developing world. Thus, while it may sound like the ideal, it is impractical given the realities of the situation in the developing world. ↩
4. A "trust" system would make it impossible for developing countries to actualize these provisions. If despite this, copyright infringement happens, then national remedies exist for such infringement. ↩
5. To clarify: what is the purpose of these and not mentioning WCT, Berne, etc.? ↩
6. To be deleted for the same reasons as above. Non-profit basis, if insisted upon, can be retained in Article D(2)(A), but not here. ↩
7. Import law provisions are already there in Article E, and should remain there. In Art. E, it states, “shall permit” import, and here, “would permit”. ↩
8. This instance of "non-profit basis" may be retained if necessary. ↩
9. To clarify: what would such verification require? Would self-certification suffice? ↩
10. It should be clarified, possibly through an agreed statement, that nothing in this article shall derogate from the flexibility provided in Art. 6 of the TRIPS Agreement, which allows for countries to provide international exhaustion.
  
  Thus, if the principle of international exhaustion is in place (i.e., parallel importation is allowed), then importation can be carried out by anyone, and not just by a beneficiary person or an authorized entity. ↩
11. This second paragraph weakens the principle established in the first by adding more conditions. They are almost phrased as alternatives, and the first alternative (paragraph) is the better one. ↩

For more details visit https://cis-india.org/a2k/blogs/cis-analysis-july2011-treaty-print-disabilities

Centre for Internet and Society

Section 79 of the Information Technology Act

How India Makes E-books Easier to Ban than Books (And How We Can Change That)

E-Books Are Easier To Ban Than Books, And Safer

E-Book Bans Cannot Be Challenged

E-Book Censors Are Faceless

Challenging Invisible Censorship

Invisible Censorship: How the Government Censors Without Being Seen

Power of the Internet and Freedom of Expression

Intermediary Guidelines Rules

Excessive Censoring by Internet Companies

Government Has Powers to Censor and Already Censors

'Self-Regulation': Undetectable Censorship

Backdoor Censorship through Copyright Act

About Us

What we do

Vision and Mission

Press Coverage of Online Censorship Row

Monday, December 5, 2011

Tuesday, December 6, 2011

Wednesday, December 7, 2011

Thursday, December 8, 2011

Online Pre-Censorship is Harmful and Impractical

Background

Concerns

Secrecy

Making intermediaries responsible

IT Rules, 2011

CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement

Comment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting

Statement of CIS on the WIPO Broadcast Treaty at the 23rd SCCR

Broadcasters Already Protected Online

Support Countries' Concerns

Sources of CIS Funding

CIS Comments on the Draft National Policy on Electronics

Technology Transfer

Outflow of Foreign Exchange as Royalties Creating Adverse Balance of Payments

Table: India’s royalty and licence fees payments (current USD)

Table: India’s royalty and licence fees, receipts (current USD)

Linking of Value Chain and Preferential Treatment

Preferential Treatment

Cybersecurity and Source Code

Distinction between Innovation and Intellectual Property

National Electronics Mission

Funding

India's Statement Proposing UN Committee for Internet-Related Policy

66th Session of the UN General Assembly

New York. October 26, 2011.

Agenda Item 16: Information and Communications

Technologies for Development (ICT): Global Internet Governance

Statement by India

Annex

The United Nations Committee for Internet-Related Policies (CIRP)

Excerpts from the Tunis Agenda

Analysis of DIT's Response to Second RTI on Website Blocking

What the DIT's Response Tells Us, and What It Doesn't

Conflicting Data on Censorship Requests

Content Removal vs. Content Blocking

Role of the Indian Penal Code and Code of Criminal Procedure

Police Are Defeating the Constitution and the IT Act

DIT Either Evasive or Not Following Rules

Text of DIT's Response to Second RTI on Website Blocking

Annexure I

Reply to Shri Pranesh Prakash

Annexure II

Request received by Designated Officer

Annexure III

Minutes of the meeting held on 24-08-2010 for the request for blocking of website www.betfair.com

CIS-TWN Analysis of WIPO Treaty for the Print Disabled (SCCR/22/15)

SCCR/22/15

PREAMBLE

ARTICLE A

DEFINITIONS

ARTICLE B

BENEFICIARY PERSONS

ARTICLE C

NATIONAL LAW EXCEPTIONS ON ACCESSIBLE FORMAT COPIES

ARTICLE D

CROSS-BORDER EXCHANGE OF ACCESSIBLE FORMAT COPIES

ARTICLE E