Centre for Internet and Society

2012 Global Congress on Intellectual Property and the Public Interest: Call for Participation and Save the Date

praskrishna — 2012-05-02T05:05:57Z

The Second Global Congress on Intellectual Property and the Public Interest will take place in FGV Law School, Rio De Janeiro, Brazil from December 15 to 17, 2012. The theme for this year’s Congress will be “Setting the positive agenda in motion.” We invite applications to attend the Congress, including proposals to chair workshops or deliver a paper or presentation related to the Congress’s theme.

Application and Cost

The application form is available online . Due to generous support from our sponsors, the Congress will cover the registration fees and all on-site costs for all attendees, including lunches and dinner receptions. Limited travel grants to cover accommodation and/or travel to the Congress will be available, with priorities for those from developing countries.

Deadlines

Priority applications for travel assistance and to present or chair a workshop at the Congress will be due by August 1, 2012.
Final applications for travel grants, subject to funding availability, as well as applications to present at the Congress, will be due by September 1, 2012.
Applicants not seeking travel assistance or presentation opportunities may apply to attend the Congress by November 1, 2012.

Background and Explanation of the Theme

The first Global Congress on Intellectual Property and the Public Interest was convened in 2011 to define a positive agenda for policy reform, build a global network of scholars and advocates to promote the agenda and provide opportunities for the sharing of research and strategies. The nearly 200 inaugural participants from over 30 countries and 6 continents deliberated over three days through in-person meetings and web-based collaboration to produce the Washington Declaration on Intellectual Property and the Public Interest (http://infojustice.org/washington-declaration) -- an action agenda for promoting the public interest in intellectual property and information law reform around the world.

Sixteen months later, we come together to measure our progress and expand the positive agenda. To this end, we invite applications to attend the Congress and contribute to its deliberations identifying forums where policy is being developed, proposing policies or actions that promote public interest goals and principles, and identifying and planning to respond to research and analysis needs.

Presentation Opportunities

Because the primary purpose of the Congress is to promote deliberation and action planning, the opportunities for formal presentation will be somewhat limited. We will, however, have spaces for keynote presentations or panel discussions for each session (see below). In addition, as in the inaugural year, the Congress will host small works-in-progress workshops to allow participants to share their own work and solicit feedback from peers.

Draft Workshop Sessions

Six main tracks will include a half day workshop introduced by a lecture or panel discussion on one or more of the themes noted below. The keynote introduction will be followed by deliberation in which participants will, first, review progress and opportunity in existing or potential policy forums and, second, review the current state of research and identify policy and empirical research needs and resources. Tracks will also have opportunities to draft statements or action plans for adoption at the closing plenary of the Congress or for discussion and online after the Congress ends.

We encourage applicants to identify specific sessions in which they would like to contribute.

Regulating Intellectual Property: This session will survey recent developments and proposals to regulate uses of intellectual property through other legal doctrines that express and safeguard human values, including human rights, consumer protection, competition and privacy laws.

Valuing Openness and the Public Domain: This session will survey recent developments and proposals to ensure that creative and innovative works ultimately become free for all to use as part of the public domain, including through open licensing, open access, open educational resources, open data, open standards, open government, and related open information policies.

Strengthening Limitations and Exceptions as Enabling Tools for Innovation and Expression: This session will survey recent developments and proposals to use limitations and exceptions as positive enabling doctrines to ensure that intellectual property law fulfills its ultimate purpose of promoting essential aspects of the public interest.

Setting Public Interest Priorities for Patent and Research and Development Reform: This session will survey recent developments and proposals to ensure that patent and other research and development policies serve all segments of society, and particularly the most disadvantaged, and accommodate the diverse needs of a complex world with a more diverse structure of incentives for innovation.

Supporting Cultural Creativity: This session will survey recent developments and proposals to maximize opportunities for creativity while increasing access to creative works and helping to end disputes over practices like non-commercial file-sharing.

Checking Enforcement Excesses: This session will survey recent developments and proposals to ensure that intellectual property enforcement policies and practices respect the human rights principle of proportionality and are not used as a diversion from the difficult task of tailoring intellectual property norms to their social contexts.

Implementing Development Agendas: This session will survey recent developments and proposals to fully integrate the development dimension into intellectual property policy and norm-setting at all levels of international and national intellectual policy making. The session will have a special focus on developments in the BRICS group of emerging economies.

Targeted Research: Given the spectrum of issues described above, what are the key research needs? Given academic incentive structures, what kinds of research fall through the cracks? Given the funding crisis in this field, how can we meet research needs on the cheap? Given the international scope of many policy issues, how can we work collaboratively and comparatively? Given the Internet, how can we develop and leverage new software tools for data collection?

In addition to the above sessions, we invite presentations on other topics relevant to the positive agenda the Washington Declaration promotes, including:

the role of mobilisation and activism.
collaboration between ISPs and governments in enforcement
the ecology of access to educational materials
designing copyright from scratch
updates and lessons from specific forms, e.g. WIPO, national legislatures, trade negotiations, etc.

The application form is available here . Please forward this invitation to interested lists and individuals. For more information or questions, you may contact globalcongress2012@gmail.com.

Global Congress Planning Committee

Centro de Tecnologia e Sociedade – CTS | FGV DIREITO RIO, 2012 Chair
American Assembly, Columbia University, New York
International Centre for Trade and Sustainable Development, Geneva
Centre for Internet and Society, India
Open African Innovation Research and Training (Open AIR) initiative
Program on Information Justice and Intellectual Property, American University, Wash. D.C.

Click to read the original published in infojustice.org

For more details visit https://cis-india.org/a2k/global-congress-on-ip-call-for-participation

2012 Global Congress on Intellectual Property and the Public Interest

praskrishna — 2012-05-02T05:04:57Z

We are pleased to announce the Second Global Congress on Intellectual Property and the Public Interest. The theme for this year’s Congress will be “Setting the positive agenda in motion,” and will have a special focus on developments and opportunities in the so-called “BRICS” group of emerging economies. This note invites applications to attend the Congress, including proposals to chair workshops or deliver a paper or presentation related to the Congress’s theme.

Application and Cost Information

The application form is available now at http://infojustice.org/globalcongress2012/registration. Due to generous support from our sponsors, the Congress will cover the registration fees and all on-site costs for all attendees, including lunches and dinner receptions. Limited travel grants to cover accommodation and/or travel to the Congress will be available, with priorities for those from developing countries.

Deadline

Priority applications for travel assistance and to present or chair a workshop at the Congress will be due by August 1, 2012.
Final applications for travel grants, subject to funding availability, as well as applications to present at the Congress, will be due by September 1, 2012.
Applicants not seeking travel assistance or presentation opportunities may apply to attend the Congress by November 1, 2012.

Please forward this invitation to interested lists and individuals. For more information or questions, you may contact globalcongress2012@gmail.com

Global Congress Planning Committee

Centro de Tecnologia e Sociedade – CTS | FGV DIREITO RIO, 2012 Chair
American Assembly, Columbia University, New York
International Centre for Trade and Sustainable Development, Geneva
Centre for Internet and Society, India
Open African Innovation Research and Training (Open AIR) initiative
Program on Information Justice and Intellectual Property, American University, Wash. D.C.

Read the original published on infojustice.org

For more details visit https://cis-india.org/a2k/global-congress-on-ip

From Cyber India to Censor India: Groups challenge didactic govt

praskrishna — 2012-05-01T09:14:54Z

Aseem Trivedi is a political cartoonist who was closely associated with Anna Hazare's movement against corruption in India. Having published his cartoons in several newspapers, the 25-year-old, who hails from Kanpur, launched a website called www.cartoonsagainstcorruption.com last year with the intention of reaching his cartoons to a wider audience. But barely two months later, the website was taken down and access to it barred — without any notification to Trivedi.

This article by Satarupa Paul was published in the Sunday Guardian on April 29, 2012.

"After several phone calls and emails to Big Rock, the Web portal which hosted the site, I was informed that it had to be taken down as it contained 'derogatory and defamatory' content," he says. "They refused to divulge further details and instead directed me to the Mumbai Cyber Cell where an advocate had lodged a complaint against my website."

Repeated attempts to contact the Cyber Cell yielded no result, and the lack of an appeal mechanism for such cases meant that Trivedi was left with no means to direct an investigation into the matter. He says, "There is no scope for a hearing, no effort at authentication. Once such a complaint is received, intermediaries like Big Rock can go out of their way to remove content and even entire websites, thus abusing the fundamental right of freedom of speech of users."

Part of the Information Technology (IT) Rules of 2000 which were amended in 2008, the highly controversial Intermediary Guidelines were issued in April last year. This set of rules has since created a mechanism for intermediaries to receive protection from legal liability in return for trading away the freedom of expression and privacy of users. For the in-conversant, the umbrella of intermediaries include everyone from Internet service providers like Airtel and MTNL and web hosting portals to search engines like Google, video sharing sites like YouTube, online payment gateways like PayPal and even your much-loved social networks like Facebook and Twitter. Once these intermediaries receive a complaint against any website, photo, blog, status or comment, the guidelines require that they take action against the content within 36 hours.

Anja Kovacs of the Internet Democracy Project (IDP) says, "While a set of guidelines is required for what is acceptable on the web, the vague directives of the Intermediary Guidelines makes it possible for just about anyone to complain against any content on grounds ranging from grossly harmful, disparaging, hateful, to ethnically and racially objectionable." With no clear cut definitions for these terms, Kovacs says that the Guidelines have made cyber polices out of all and sundry, who can now complain about anything that they might find 'offensive'. "And since intermediaries are after all more concerned about their businesses than the rights of users, in a bid to avoid legal hassles, they end up over-complying and taking down more than what is required," she says.

Sunil Abraham, Executive Director, Centre for Internet and Society (CIS), elaborates, "There are four things that are worrisome in the Intermediary guidelines. Firstly, they place additional unconstitutional limits on Freedom of Expression. Second, there is no transparency and no proper recourse to the person whose content has been censored. Moreover, instead of a court deciding what makes content illegal, private intermediaries get to decide. And there is no penalty for anyone abusing the take-down notice system."

Since intermediaries are after all more concerned about their businesses than the rights of users, in a bid to avoid legal hassles, they end up over-complying and taking down more than what is required. — Anja Kovacs

Little wonder then that while Trivedi's website was taken down, a 20-year old student named M. Karthik was arrested in Hyderabad for posting comments against religion and more recently, Ambikesh Mahapatra, a professor from Kolkata was arrested for merely circulating a 'defamatory' cartoon of Mamata Banerjee.

A motion for annulment of these rules has now been proposed in the Rajya Sabha by MP P. Rajeeve. Last Saturday, a number of organisations like IDP, CIS and others, including Trivedi's Save Your Voice campaign organised discussions, protests and a press conference in Bangalore and New Delhi simultaneously to raise awareness about the draconian rules and to garner support for the motion of annulment. Regular Internet users can write to their Members of Parliament in the upper and lower house and sign a petition on change.org to urge their MPs to support and help pass the annulment.

"Unlike the SOPA and PIPA bills of the US which had financial roots, the Intermediary rules here are attaining more and more political hues," says Trivedi. Hence, the only way to tackle the loopholes in the Intermediary Rules is to annul it or re-draft it from scratch to ensure that India doesn't become another China-in-the-making.

For more details visit https://cis-india.org/news/from-cyber-india-to-censor-india

ITU Tutorial on Audiovisual Media Accessibility

praskrishna — 2012-07-03T08:53:04Z

The fourth meeting of the ITU-T Focus Group on Audio Visual Media Accessibility (FG AVA) took place at the India International Centre, New Delhi on March 13, 2012. The meeting was held in furtherance to an invitation of the Centre for Internet & Society (CIS), in cooperation with the ITU-APT Foundation of India. A two-day tutorial on Audio-Visual Media Accessibility followed the meeting on March 14 and 15, 2012 at the same venue. A total of 20 people participated in this event.

Sunil Abraham, Executive Director, CIS was the Master of Ceremony on Day 1, March 14, 2012. Mr. Ravi Shanker, Administrator, Universal Service Obligation Fund, Dr. Govind, CEO, National Internet Exchange of India, Ms. Swaran Lata, Director and Head of Department, TDIL Programme, DIT, Mr. R.N. Jha, Deputy Director General (International Relations), Department of Telecommunications and Ms. Archana Gulati, Financial Advisor, National Disaster Management Authority gave the welcome addresses. FG AVA chairman, Mr Peter Olaf Looms (European Broadcasting Union and Denmark) chaired the meeting assisted by the Working Groups coordinators.

The event provided an in-depth insight of topics and measures to improve the accessibility of AV media: Captioning (pre-prepared and live), Audio/Video Description and spoken captions, visual signing and sign language, emergency access services with examples referred from digital broadcast television and mobile telephony media. The participants gained a better understanding of:

How to Get started – that is, the strategies for establishing and expanding new accessibility services (how it can be done, what it costs, what business models exist to ensure the viability of accessibility services);
How standards can help developing countries plan and implement the transition from analogue to digital TV (what issues need to be addressed to optimize the Digital Dividend; making sure that various groups of vulnerable viewers are not disenfranchised by the digital switchover);
Human resource development for improved usability and accessibility (closely tied to work being done by the Audiovisual Media Accessibility Focus Group’s Working Parties).

Regulators and legislators working on measures to improve digital media’s compliance with international accessibility conventions and directives; accessibility service advocates from organizations representing persons with disabilities; media executives from public service and commercial TV channels seeking compliance with media accessibility regulation; consumer electronics manufacturers, wholesalers and retailers examining the business implications of demographic changes and media regulation participated in the meeting.

Peter Olaf Looms, Chairman, ITU-T, FG AVA made a presentation on Introduction to the Tutorials covering topics like what does this tutorial cover, what will I be able to do, focus on action, target groups, the rational of accessible media who needs them, what can be done to improve television accessibility, etc.

Dr. Takebumi Itagaki made a presentation on Producing and delivering access services – the options covering topics like the current situation in EU, chain of power / funding public broadcasting in EU, analogue to digital switchover, activity 9 TV standards and regulation, etc.

Mr. AK Bhatnagar, Engineer-in-Chief, Prasar Bharati (Broadcasting Corporation of India) also participated in this event.

Click for the meeting report on ITU website.
Click for the agenda of the meeting on ITU website.
Download the list of participants here

VIDEOS

VIDEOS

For more details visit https://cis-india.org/accessibility/itu-tutorial-event-report

All India Privacy Symposium (File)

praskrishna — 2012-04-30T05:13:14Z

This is the file of the event organised in Delhi in February 2012.

For more details visit https://cis-india.org/internet-governance/all-privacy-symposium.pdf

Rahul Cherian

praskrishna — 2012-04-30T04:50:49Z

Rahul Cherian is a lawyer, disability policy activist and a co-founder of Inclusive Planet, the world's largest social network for persons with visual impairment.

For more details visit https://cis-india.org/accessibility/rahul-cherian.pdf

It’s mainstream vs social

praskrishna — 2012-04-30T04:23:27Z

Mainstream and social media share an increasingly uneasy relationship. Mahima Kaul, a Guest Columnist with the Sunday Guardian wrote this article. Sunil Abraham is quoted in this.

The Abhishek Manu Singhvi CD scandal brought into focus the increasingly confrontational relationship between social media and mainstream media. When a court order kept the mainstream from broadcasting the CD, social media took centrestage in spreading it online and keeping a buzz about the scandal for days. Many termed it as a "victory" for social media. Others slammed social media users as "eternal voyeurs" and wondered why they seemed to be above the court order. In return, blogs went as far as to title a post, "Why the Indian MSM (mainstream media) Wants Social Media Dead".

A quick recap: after the CD leak, Singhvi moved court to stop certain media organisations from telecasting it. The Delhi High Court gave an ex parte order that "the defendants (media house), their agents ... are restrained from publishing, broadcasting and disseminating or distributing in any form or any manner..." However, people caught hold of the video and kept linking it on Twitter, Facebook, YouTube etc. It went viral. Singhvi resigned from all political posts and settled the matter out of court. In his statement of resignation, Singhvi's bitterness at the role of social media was apparent: "in either event it raises no public interest issue... contumacious internet violation of a flagrant kind." I will save you a Google search: contumacious means to be wilfully disobedient to authority.

There are questions to be asked. Who was the 13 April court order aimed at? Is Singhvi's proposition that an internet violation took place true?

The order was explicitly binding on only specific organisations (Aaj Tak, India Today Group and Headlines Today). The rest of the mainstream media showed remarkable restraint. In the case of the video being linked on social media, it was users' prerogative, as they were not covered under that order even though Singhvi's statement suggests otherwise. However, there is another angle to consider. Social media users would have broken the law only if the video content itself was objectionable. "If the video is judged to be 'obscene', then under s.67 of the Information Technology Act, 'causing [obscenity] to be transmitted', is also a crime," says Sunil Abraham of the Center for Internet and Society. So, the question is, was this video obscene? While my journalistic integrity did not extend to watching the video, I've been told it has neither nudity nor explicit sexual activity, and cannot be considered obscene. Therefore, it appears that social media has functioned well within its rights.

What remains, then, is the view that social media "should" be restrained. How? A court order could stop users from linking the video online, but it would only be applicable in India. Also, there are already provisions in the IT Amendment Act 2008, which allows for "offensive" material to be removed by the intermediary, or site blockage by the government. Twitter has already announced national policies of censorship, although this incident would probably not qualify for such a drastic action. Sunil Abraham adds that the court could also give a "John Doe order" against prospective offenders that enables the IP owner to serve notice and take action at the same time against anyone who is found to be guilty. However, this step is to be taken with caution. In criticising the existing order on the Singhvi case, Arun Jaitley wrote in an editorial that "a pre-publication injunction (should) ... be exercised with great caution specially in a case of libel and slander," because in this case it was yet to be proven that the CD was indeed fabricated.

It seems there is offline outrage about online outrage. However, for mainstream media to call for restraint on social media based on their own actions seems to be hypocritical in this particular instance, because they did so only because of a court order. One need to look at stories ranging from the Mumbai attacks to the Arushi Talwar murder case to understand the invasive nature of mainstream media in India. What is more worrying is that the mainstream media is equating itself with social media in some ways, wondering why it needs to have editorial checks if citizens can gossip away on Twitter. In return, social media is counting its victories against the mainstream in a manner that suggests that the two consider each other competitors. Although most conversation on social media would not exist without mainstream news sources, ultimately their function in society is not the same. The media is considered the fourth pillar of democracy, while social media is considered an "unofficial" channel. If either is found indulging in illegal or harmful activities, they can and must be checked. But, in the end, it serves freedom of speech to keep the two functioning in context, not in confrontation.

Read the original published in the Sunday Guardian on April 30, 2012.

For more details visit https://cis-india.org/news/mainstream-vs-social

Intermediary Liability in India

praskrishna — 2013-11-16T14:55:00Z

The report was produced by Rishabh Dara as part of the Google Policy Fellowship programme initiated jointly by the Centre for Internet and Society and Google.

For more details visit https://cis-india.org/internet-governance/intermediary-liability-in-india.pdf

Social Media 1, Indian Government 0

praskrishna — 2012-04-27T04:44:39Z

The futility of the Indian government’s attempts to control what is posted on Facebook, YouTube and other social media sites was thrown into high relief this week, after a video purportedly showing Congress spokesman Abhishek Manu Singvi having sex in his office resulted in his resignation.

The article by Heather Timmons was published in the New York Times on April 26, 2012

Mr. Singhvi, who also is a prominent lawyer, said the video was a fake, but resigned from his spokesman spot and from a parliamentary law committee he headed Monday evening, to “prevent even the slightest possible parliamentary disruption,” he said in a statement.

The video, which has now been viewed by hundreds of thousands of people on YouTube and other social media sites, is neither explicit, nor immediately incriminating – most of it appears to show little more than the top of Mr. Singhvi’s balding head, in profile, bobbing above the top of his desk. He might be waxing his office floor, or searching somewhat frantically for a dropped contact lens.

Still, a Delhi High Court injunction on April 13 banned television stations from broadcasting the video, which was originally distributed to media outlets on a CD. Perhaps frustrated by their inability to show the footage in question, India’s television news stations have been engaged in unusually highbrow debate about whether India actually needs stricter privacy laws for public figures.

There’s no such talk on social media sites, though.

The video was quickly posted on Facebook, Pirate’s Bay and other social media and video-sharing sites. While a Facebook page especially created for it has been taken down, there are now dozens of versions of the video on YouTube, in increasingly pixelated versions as users copy and post it again and again. (One YouTube user even helpfully posted a video of the Facebook page, and filmed the process of opening all the links on the page.)

Social media companies received requests from Indian law enforcement officials and court orders asking them to remove the video, which they did, executives in social media companies said on background. But it kept popping up again and again.

Tejinder Pal Singh Bagga of the Delhi-based Bhagat Singh Kranti Sena, a right-wing group, told wire service IANS that he posted the video on Twitvid, which allows users to distribute videos via Twitter. “I am not afraid of these people and they deserve this,” he said. “I am prepared for any consequences,” he said.

Facebook officials said they couldn’t comment on the situation. The page in question that featured the Singhvi video was created with by a “fake” user, which is against Facebook’s rules.

Google received a copy of a generic court order from Mr. Singhvi’s lawyers on April 24 asking it to remove the video, which it followed.

“Our policy prohibits inappropriate content, on YouTube and our community effectively polices the site for inappropriate material,” the company said in an e-mailed statement. Inappropriate material includes videos that “contain pornography, harassment, content that violates privacy, illegal acts or explicit violence violate the YouTube community guidelines,” it said. Users can flag content they feel is inappropriate, she said, and then the company’s staff reviews the content and removes it if it violates guidelines. “In addition, Google acts to promptly remove an offending video if a court order requires it,” the statement said.

But since Google has taken down the first offensive videos and copies of videos, others have sprung up. Per Google’s general policy, these will only be removed if YouTube users or others complain about them.

On Wednesday, the Delhi High Court dismissed a petition by the Bar Council of Delhi (of which Mr. Singhvi is a member) seeking to take action against Mr. Singhvi’s driver, who had allegedly originally distributed the CD.

Investigating who first introduced the video to social media sites and circulated it there is next to impossible, Internet experts say.

“No country, even though its law might say so, is able to exercise jurisdiction across the world” on the Internet, said Sunil Abraham, the executive director of Bangalore’s Center for Internet and Society, a research and advocacy group. Because India does not have a bilateral cyber-crime agreement with the United States (as the European Union does), getting American companies like Facebook and Google to take down or investigate the source of content that offends Indian government officials can be a slow and cumbersome process, he said.

The Indian government may never be able to track down who first posted the video, Mr. Abraham said. “Drawing a chain of causality and trying to arrive at the first person who introduced it onto the Internet is a bit of a complicated task,” he said. “Even if you find one version of the story, there might be another one,” he said. In addition, the Indian government might only be able to access records from Indian telecommunications providers, he said, and related to Indian ISP addresses.

A screenshot of the YouTube page displaying several video clips that show up with the search terms “Abhishek Manu Singhvi sex CD.”

For more details visit https://cis-india.org/news/social-media-indian-govt

Private sector censors

praskrishna — 2012-04-26T13:30:47Z

If business decides what’s ‘good’ and ‘bad’ speech, it can lead to multiple interpretations and arbitrary decisions. The article by Salil Tripathi was published in LiveMint on April 25, 2012.

In Milan Kundera’s 1967 Czech novel, Žert (The Joke), Ludvik Jahn sends a postcard to an intense classmate who takes herself too seriously. In the card, he makes sarcastic comments against the Communist Party. Unsurprisingly, others don’t see the joke. He gets expelled from the party, conscripted and has to work in mines.

While The Joke was a work of fiction, in the real Soviet era as punishment for such actions, many people lost jobs, sometimes their homes; some went to jail, often betrayed by those they trusted. In Czechoslovakia (as the country was then known), the state ran the postal service and those who read the postcard were party members. In India, the private sector provides Internet access and others don’t have the legal right to see what’s being transmitted, unless they are intended recipients, or if the material is broadcast publicly. The state now wants the private sector to police and censor the Internet.

Under the draconian Information Technology (Intermediaries Guidelines) Rules, 2011, any intermediary (a search engine, a website, a domain name registry, a service provider, or a cyber café) must take down the “offending” material from its website within 36 hours. The intermediary need not inform the person who posted the material, nor would the creator get the right to respond. As Apar Gupta points out on the Indian Law and Technology Blog, in one recent case, based on these rules, an injunction has been granted.

These rules go significantly beyond the existing restraints on speech. The Constitution limits speech and sections of the criminal code impose further restrictions. To that, add the IT rules’ vaguely defined terms of what can’t be said—content which is “grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever, harms minors in any way, or infringes any patent, trademark, copyright, or other proprietary right”. Who decides that? The intermediaries.

These rules make the private sector act like the state. Nobody elected business to play such a role; it does not have the expertise, capacity, legal training, or authority to act as the state. Censorship is bad; whether in state or private hands. If business decides what’s “good” and “bad” speech, it can lead to multiple interpretations and arbitrary decisions, without recourse to appeal. In a country where those who feel offended have often threatened violence, businesses will understandably take the cautious approach and not allow anyone to say anything that’s remotely controversial, even if it is an opinion about a film.

Decisions will be made on opaque criteria. Apple and Amazon have arbitrarily stopped some products from being sold on their electronic stores, citing “community standards”. Amazon stopped providing server space to WikiLeaks, even though no government had asked it to do so. Credit card companies stopped processing donations going to WikiLeaks, without any legal order. Even Google, which has admirably stood up to China’s bullying, has had to take down content when governments have required that it does so through proper legal channels. India’s record is poor: of the 358 complaints India lodged with Google, 255 were about content that was controversial or political, but not illegal.

To demonstrate the reach of the rules, the Centre for Internet and Society in Bangalore sent random notices to seven companies, asking them to take down content. Of them, six complied beyond what they were called upon to do—instead of the three pages that the centre asked for, one company blocked an entire website. A few legally worded letters were enough to get compliance from companies. The centre’s executive director, Sunil Abraham, told me recently: “Companies which have no interest in free speech are now taking these decisions. They have the power to do so and they are using it without any sense of responsibility.”

Aseem Trivedi knows this well. The cartoonist who ran a website called cartoonistsagainstcorruption.com, found that his site had disappeared after a complaint from an individual that the cartoons violated laws. Since then he has been campaigning for freedom on the Internet. Everyone’s freedom is at stake—whether you want to see cartoons of Sonia Gandhi, Narendra Modi, Ramdev, Kisan Hazare, Binayak Sen, Arundhati Roy, Sachin Tendulkar, Poonam Pandey and even Mamata Banerjee. And yet look at what happened to Ambikesh Mahapatra, the professor who sent a cartoon mocking Banerjee to some friends via the Internet. He was arrested and later roughed up. These rules chill speech.

Last year, Kapil Sibal, minister for information technology, asked companies to screen content manually and censor the Web. The demand was audacious. It showed lack of understanding of how the Internet works and revealed fundamental ignorance of the state’s role: it has to protect the rights of the one who wishes to express and not the one who claims offence.

In Parliament, P. Rajeev, member of Parliament (Rajya Sabha), wants to annul those rules. Everyone should support him.

Read the original in LiveMint here

For more details visit https://cis-india.org/news/private-sector-censors

Views | Why the Left may for once be right

praskrishna — 2012-04-25T11:48:50Z

The article by Pramit Bhattacharya was published in LiveMint on April 23, 2012.

India’s information technology (IT) minister, Kapil Sibal appears to be running into rough weather over IT rules framed last year, which curb freedom of expression on the internet. The rules have incensed India’s growing blogging community and piqued at least a few of his fellow parliamentarians.

On the opening day of the upcoming parliamentary session on Tuesday, the Rajya Sabha is set to vote on an annulment motion against the IT rules, moved by P. Rajeeve of the Communist Party of India (Marxist), a rediff.com report said. Ironically, the party that still treats Stalin as a hero (quoting him unfailingly in its political resolutions) has become the first to stand up for internet freedom.
Rajeeve is of course not the only parliamentarian to take exception to the rules. Jayant Choudhry, a member of parliament (MP) from the Rashtriya Lok Dal, was the first to draw attention to the draconian rules late last year, and MPs from other regional parties such as the Samajwadi Party and the Asom Gana Parishad criticized the rules in a parliamentary discussion in December.

Two sets of rules, one governing cyber cafes and the other relating to intermediaries have attracted most criticism. The rules relating to intermediaries such as internet service providers, search engines or interactive websites such as Twitter and Facebook are the most disturbing. Intermediaries are required under the current rules to remove content that anyone objects to, within 36 hours of receiving the complaint, without allowing content creators any scope of defence.

The criteria for deciding objectionable content, laid down in the rules, are subjective and vague. For instance, intermediaries are mandated to remove among other things, ‘grossly harmful’ content, whatever that may mean.

This is a unique form of ‘private censorship’ that will endanger almost all online content. In this age of easily offended sensibilities, it is virtually impossible to write anything that does not “offend” anyone. For instance, even this piece may be termed ‘grossly harmful’ to the CPI(M) party.

However far-fetched this may sound, this has already become a reality. A researcher working with the Bangalore-based Centre for Internet and Society (CIS) tried out such a strategy with several different intermediaries, and was successful in six out of seven times, always with frivolous and flawed complaints, Pranesh Prakash of CIS wrote in a January blog-post. It has become much easier in India to ban an e-book than a book, Prakash pointed out.

The rules regulating cyber cafes are no better. Cyber cafes are required to keep a log detailing the identity of users and their internet usage, which has negative implications for privacy and personal safety of users, analysis of the rules by PRS legislative research said.

Internet freedom in India has declined over time and is only ‘partly free’, a 2011 report on internet freedom by US-based think tank, Freedom House said. India has joined a growing club of developing nations where, “internet freedom is increasingly undermined by legal harassment, opaque censorship procedures, or expanding surveillance,” the report noted.

The only saving grace is that some of the IT rules are drafted in a language so arcane that anyone will find it hard to decipher them, leave alone implementing them. Sample this: “The intermediary shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force: provided that the intermediary may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing the computer resource and information contained therein.”

The first task at hand for Sibal may be to explain to fellow lawmakers what the above rule is supposed to mean, before he defends such rules.

Click for the original, Pranesh Prakash is quoted in this article.

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International ‘code-athon' in Bangalore

praskrishna — 2012-04-27T10:48:34Z

The Centre for Internet & Society hosted this event in Bangalore. The Hindu covered the event.

April 22 will be the second day of an international code-athon being held simultaneously in cities across the world. In Bangalore, this International Space Apps challenge is being held at the Centre for Internet and Society in Domlur. This event, coordinated by the U.S. space agency NASA, is part of the U.S.'s programme to promote Open Government Partnership.

The challenge is grouped into four categories: Software Development, Open Hardware, Citizen Science Platforms and Data Visualisation. The contest aims at addressing strategic space exploration needs, a press release from CIS stated.

Click for the full story published in the Hindu on April 22, 2012.

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Campaign against curbs on websites gathers steam

praskrishna — 2012-04-25T11:19:29Z

For political cartoonist Aseem Trivedi and his blogger-cum-journalist friend Alok Dixit, who both ran a website against corruption, a tryst with the blind side of law triggered their mission against “gagging” of the new-age Indian Internet user.

The blog post by Arpan Daniel Varghese was published by IBN Live on April 23, 2012.

It all started when they were in Mumbai, taking part in the first public protest seeking a strong Lokpal led by social activist Anna Hazare. “During the course of the protest, we got word that our website had been taken off,” recalls Alok.

The Mumbai Police had banned the website without any prior notice, apparently after a complaint was filed by a Congress leader that some content on the site, CartoonsAgainstCorruption, was objectionable, he says.

“We then contacted Bigrocks, the domain provider, but they did not divulge the exact procedure to restore our website,” he adds.

Kerala High Court lawyer P Jacob, who has a masters in cyber law and is a researcher in the field, clarifies. “Let’s say that you are a website, blog or domain owner... As per the intermediary rules incorporated into the IT laws, introduced through an amendment in 2011, if a third person sends a complaint, be it a frivolous one, to you (the intermediary ) about some objectionable content, you will have to take off the said content within 36 hours.”

This could happen to any one and could be quite dangerous, points out Sunil Abraham, the executive director of The Centre for Internet and Society (CIS-India).� “If a company wants to target your organization’s social media network, they can keep sending fraudulent emails to you and you will have to keep deleting it unless you are ready to face litigation or government action. And then there is no penalty for abusing the provision. There is no transparency, the people who comment will not be told,” says Sunil.

It was this realization that drove Alok, who then quit his job as a reporter, and Aseem Trivedi to start a movement against such blind curbs. ‘Save Your Voice’ was thus born.

A research conducted by the CIS gave further credence to their fears that it was very “easy to ban any website in India.”

“We call it a policy sting operation,” details Sunil. “We sent out fraudulent take- down notices (or complaints) to seven of the largest intermediaries in India. They gladly over-complied and promptly took off the material in question. You can try this. You could look at a legitimate comment and complain that this is blasphemous, offensive or plain annoying. And without questioning your locus standi, the intermediary sites will have to take it off.”

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Expect anti-net censorship echo in house

praskrishna — 2012-04-25T11:07:43Z

For the anti-Internet censorship movement in the country, hope is now in sight. Their fight against the intermediary provisions (section 79) of the IT laws, according to which, an intermediary (website, domain owner) would have to take off content that a third party (or complainant) finds ‘objectionable,’ without any room for appeal, has now garnered the attention of the government itself. What is at stake is our fundamental rights, warns CPM Member of Parliament P Rajeeve, who was perhaps the first at the government level to realise that there was a gaping hole in the provision, and took up the matter in the Rajya Sabha.

This blog post by Arpan Daniel Varghese was published in IBN Live on April 25, 2012

“A discussion on the annulment of the IT Act 2011 itself is likely to figure in the budget session of the Parliament on April 24. I am trying to mobilise other MPs. We have decided to convene a meeting of organizations, representatives of political parties and MPs to discuss this issue in detail,” says MP Rajeeve.

Noted Twitteratti and former Minister of State for External Affairs Shashi Tharoor too is concerned, particularly about the onus this places on Internet Service Providers.

“If a newspaper publishes something, you go after the newspaper, not the delivery boy. Yes, you can ask the delivery boy to stop delivering the newspaper, but that is such an extreme step that few democracies would contemplate. But what we are trying to do seems to go unacceptably far in this direction and needs further reconsideration,” Tharoor says, adding that he too is planning to raise the issue in the Lok Sabha.

Both Alok Dixit from ‘Save Your Voice’ and Sunil Abraham, the executive director of the Centre for Internet And Society (CIS), say they are speaking to MPs and others in the government and trying to initiate an motion in the Rajya Sabha against the intermediary provisions. And support has been pouring in from all quarters, be it cyber space or through the pan-India protests, including the recent one at the Marina Beach in Chennai that ‘Save Your Voice’ has been holding.

Alok, Sunil and scores of activists across the country are now pinning their hopes on the annulment motion introduced by MP Rajeeve, which is likely to be taken up during the second half of the Parliament session on Tuesday.
The main hassle, however, is ignorance. “People don’t even know about the laws. They are not aware of their rights. So, the kind of support we are getting is quite less,” says Alok.

The legal fraternity and the administration too face the same roadblock, agrees Kerala High Court advocate Jacob. “This is a new area and people are just learning the theoretical side of it. There are not many cases. Trained professionals are not there to train the legal fraternity itself,” he rues.

The fundamental question is, according to Sunil, “why should freedom of speech and expression be any different on the Internet?”
“Remember, this is the same Internet which brought out Kolaveri and structured the Anna movement. So, it affects you,” Alok signs off.

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Mobilising support for freedom on the Web

praskrishna — 2012-04-25T11:02:58Z

A motion in the Rajya Sabha has sought annulment of the IT intermediary guidelines, writes Deepa Kurup in this article published in the Hindu on April 22, 2012.

A research, or a sting operation, conducted by researchers at the Centre for Internet and Society in October 2011 — a few months after the Information Technology (Intermediary Guidelines) Rules were notified — revealed some inherent flaws in the guidelines laid down by the Indian government. The results of the study made news, particularly after Union Minister for IT, Kapil Sibal, asked Internet companies and Web service providers to screen content.

The study revealed that companies were only too eager to comply with take-down notices or requests, in order to avoid further hassles, particularly legal ones.

Rishab Dara, a researcher who was part of this ‘sting', pointed out that unless the content was commercial, or had potential commercial interest, companies preferred to err on the side of caution.

Addressing an audience at a panel discussion, titled ‘Resisting Internet censorship: strategies for furthering freedom of expression in India', held at the Bangalore International Centre, Mr. Dara pointed out that search engines did not invest enough resources to check how valid the claims were, before taking down over 2,000 URLs related to a random complaint or take-down notice sent by them. His study underlined the need for debate and discussion on the intermediary guidelines, locating this in the larger context of freedom on the Web.

The discussion, organised by the Centre for Internet and Society, was moderated by the former journalist and academic, Paranjoy Guha Thakurta. The audience and the panel comprised a diverse lot: from students, netizens and academics to those who were directly involved in the business of publishing content or hosting Web content. While a substantial part of the discussion dealt with the legal aspects of the notified rules, and how it may contradict the constitutional rights of citizens, a section of the debate also delved into whether the Web as a medium needed to be policed at all.

If panellist Mahesh Murthy, Chief Executive Officer of Pinstorm, argued vociferously for unfettered freedom on the Web and accused the government of being threatened by movements such as the anti-corruption campaign led by Anna Hazare (which he said was largely mobilised on the Web), another panellist Na. Vijayshankar, Cyber Law College, who claimed he was among those instrumental in bringing down the pornographic cartoon portal Savitabhabhi.com, argued that though these rules need to be withdrawn, there are “boundaries” to what can be posted and said on the Web.

Another section of the audience brought up the issues of hate speech on the Web, and pointed out that in some cases there was a need to pin liability on those who generate content that incites hatred.

Sudhir Krishnaswamy, Centre for Law and Policy Research, pointed out that currently the way the issue was being played out in court, the discourse was more about companies.

“The debate is not about users today. Companies are trying to duck liabilities, rather than deal with substantive issues of free speech,” he said, pointing to the complexities in locating liability for content.

Speaking from the publisher's perspective, B.G. Mahesh, OneIndia.in, an online news and entertainment portal, spoke of specific cases where his portal had been targeted by the Chennai Cybercrime cell for hosting a news story (syndicated from a news agency) that was declared defamatory. “We took it down, but there was no answer from them when we asked for an explanation,” he said, adding that in such cases there is tremendous pressure and harassment from authorities, leaving publishers with no choice but to comply.

Though the IT intermediary rules were notified in April 2011, the issue made headlines when Union Minister for Information and Communication Technology Kapil Sibal asked private companies or Web service providers to pre-screen content, a statement which he later withdrew.

Also discussed in detail were the complexities posed by a medium like the World Wide Web, and what were the reasonable restrictions to free speech on the Web. Does one need a separate legal dispensation to deal with this medium, Mr. Thakurta asked. While emphasising that the solution does not lie in “knee-jerk reactions”, such as the rules that have been proposed, he pointed out that the bid to control flow of information was a simple manifestation of the utter helplessness and inability of the government — and governments worldwide — to control the Web. Be it in West Bengal, where a professor is held for sharing a cartoon, or with the Union government that beckons corporates to pre-screen the Web, these acts are a manifestation of a “combination of arrogance and stupidity”, he said.

Subsequently, in February, Rajya Sabha member from Kerala, P. Rajeeve, moved a statutory motion in the Rajya Sabha seeking that these guidelines be annulled on the grounds that it allowed intermediaries protection from legal liability in return for trading away freedom of expression of users.

In the Parliamentary session that will start next week, this is likely to come up for discussion, and across the country, rights activists are mobilising support and lobbying with legislators to garner support for this annulment.

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