Centre for Internet and Society

National Resource Kit: The Jharkhand Chapter (Call for Comments)

Manojna Yeluri — 2013-11-07T06:14:16Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Jharkhand.

Executive Summary

According to the 2001 Census, the number of persons with disability i Jharkhand amounted to about 4,48,377 which is roughly 3% of the total population of Jharkhand.[1] The largest section of the disabled population in Jharkhand is visually impaired, constituting about 41.53%. Statistics indicate that Jharkhand houses approximately 2.04% of the total disabled population of the country.

Quick Statistics:

Capital: Ranchi
Population: 32,966,238 (2011 Census)
Population of Persons with Disabilities: 448,377 (2001 Census)
Literacy: 67.63%

The Nodal Department in charge of the implementation and enforcement of the Rules and Acts concerning Persons with Disabilities is the Department of Social Welfare, Women and Child Development. The Jharkhand State Policy on Disability Rights seeks to ensure, inter alia, Participation, Inclusion, Barrier free environment, Empowerment and Self Advocacy.

Legal Provisions

The Jharkhand State Policy on Disability has been formulated under the provisions enshrined in the Central Policies and laws.

The State Policy seeks to facilitate the inclusion of disability rights in the strategies of the Government, to develop an integrated management system for the coordination of disability planning and its implementation, and finally, to develop a comprehensive plan of action that will include among other things, a strong public education system and awareness raising programmes. The Policy focuses mainly on the following areas:

Public Education and Awareness Raising
Prevention of Disabilities through Early Identification and Intervention, immunisation, healthy lifestyle promotion and so on.
Health Care and Nutrition
Community Based Rehabilitation
Barrier Free Access
Accessible and Flexible Public Transport System
Inclusive Education
Employment and Economic Empowerment
Participation in Public Life
Skill Development through special vocation training services
Human Resource Development to ensure access to the necessary rehabilitation services
Social Security
Housing
Cultural and Creative Activities and Sports
Data Gathering and Research on Persons with Disabilities
Special Focus areas: Mental Illness, Sensory and Multiple Disabilities, Women and Girls with Disabilities and Certification

Additionally, a new policy is set to be passed which will ensure a three per cent fund allotment in the State’s annual budget, for the upliftment of people with disability.[2]

Accessibility

The Department of Social Welfare, Jharkhand has not made any schemes under this category except for the following:

Concessions on Tickets: For persons with blindness, physical or mental disability, 75% concession on the price of tickets is given in sleeper class and 3^rd AC compartment while 50% concession is given in 2^nd and 1^st AC. For persons who are hearing and speech impaired, a 50% concession is provided. A concession is also provided for any helper traveling with the person with disability.[3]

Tricycles and Wheelchairs: Tricycles, wheelchairs and other aids and appliances are to be provided to the physically challenged, however there is no specific scheme for the same.[4]

No other provisions have been made with regard to travel allowances.

Education

The state government provides for scholarships, reserevations and other facilities for stidents with disabilities. The benefits provided are as follows:

Scholarships and Stipends for students with disabilities:

Class 1- 8 in Govt schools: Stipend of Rs. 50/- per student per month.

Class 9 to Undergraduate degree in Govt school/ college: Stipend of Rs.250/- per student per month.

Postgraduate degree in a Govt college: Stipend of Rs. 260/- per student per college.

Boarders from Class 1-8 in a Govt school: Stipend of Rs. 100/- per student per month.
Additionally, if any registered Non Governmental Organisation sets up a school for children with disabilities, students of that school are also to be taken care of. It is to be ensured that the schools have trained teachers and the necessary equipments.[5]

Reservation in Educational Institutions: As per Section 39 of the PWD Act, reservation of 3% is provided in government educational institutions as well as educational institutions funded by the government for persons with disabilities.

Non Formal education: 5^th class dropout students with disabilities are to be given Non Formal education and children over the age of 16 are to be given special books, desired equipments and are to be taught through open schools and universities in order for them to attain functional literacy.[6]

Grants in Aid Schemes: The Department of Social Welfare runs various bodies and institutions through grants in aid to Non Governmental Organisations for the welfare of its target groups. Few of such schemes are as follows.

Establishment of Schools for Spastic Children: The scheme for the spastic children is being implemented in this State through Non Governmental Organisations in different blocks of the State. For this scheme funds are provided to those Non Governmental Organisations that wish to open special schools for the benefit of spastic children.
Schools for the Blind, Hearing and Speech Impaired: The State government has set up construction and renovation work for schools for the blind, hearing and speech impaired. In addition to these, 3 new schools and hostels have been completed. It is proposed to run these institutions with the help of capable Non Governmental Organisations.

Employment

Reservation in Government Jobs: As per Notification No. 728 dated 01/11/2007 read with Notification No. 5776 dated 10/10/2002 and Notification No. 5795 dated 10/10/2002, 3% of Government jobs have been reserved for persons with disabilities in the State.[7] Within this 3%, 1% of the jobs is reserved for persons with partial or complete blindness, 1% for people with hearing disability and 1% for people who are orthopaedically disabled.[8]

Health and Rehabilitation

No health and rehabilitation schemes have been formulated except for provision of equipment and aids and appliances.

Equipments for persons with disabilities: Equipments such as crutches, hearing aids, tricycles are being provided by the State government to persons with disabilities.

Social Protection

Swami Vivekananda Nisshakta Svawalamban Protsahan Yojana: This is a flagship scheme promulgated by the Jharkhand State Government with regard to the welfare of persons with disabilities in the State. Since the financial year 2006-07 the Government has started this scheme where an amount of Rs. 200/- per month is given to every person with disability living in the State and is above the age of 5 years as a stipend through Anganwadi workers. This amount has now been increased to Rs. 400/- per month.[9]

Minor Disability Sector scheme: Apart from the scheme of Swami Vivekananda Nisshakta Svawalamban Protsahan Yojana there are a few minor schemes relating to disability which are run by the Department of Social Welfare. They are as follows:

Special Equipment for Disabled

Scholarship to Handicapped

Economic & Social Survey of the Disabled

Workshop for the Disabled[10]

Reservation in Poverty Alleviation Programmes: Notification No. 3260 dated 06/06/2003 provides that any poverty alleviation programme of the Government must have a 3% reservation for persons with disabilities.[11]

Workshop for the Disabled: Under this scheme funds are provided to Non Governmental Organisations for conducting workshops, seminars etc. on disability, and also for organizing Abilympics and related events.[12] Abilympics is a vocational skills competition on the lines of the Olympics, held for persons with disabilities to showcase their talents.

Central Schemes

Cash Transfer Scheme: Jharkhand government has decided to bring all 24 districts of the state under Direct Cash Transfer scheme of the Central Government by May 2013. The Direct Cash Transfer scheme will start in four districts of Jharkhand- Ranchi, Ramgarh, Hazaribagh and Saraikela Kharsawan. The scheme would provide cash directly to persons with disability, in addition to scholarships and pensions for the elderly and other welfare schemes of Central Government through Aadhar cards.

Deendayal Disabled Rehabilitation Scheme to promote Voluntary Action for Persons with Disabilities: This is an umbrella scheme by the Central Government for the effective rehabilitation of persons with disabilities. The Jharkhand Government, under this scheme, provides assistance to Non Governmental Organisations for provision of a wide range of services to the disabled such as early intervention, programmes for pre school, vocational training, special education, community based rehabilitation, manpower development and so on.[13]

Assistance to Disabled Persons for Purchase/Fitting of Aids/Appliances (ADIP) Scheme: This scheme of the Central Government has been implemented by the Jharkhand Government. Funds are provided to the state notionally which are then allocated to Implementing Agencies for the purpose of assisting persons with disabilities to promote their physical, social and psychological rehabilitation by helping them.[14]

Scheme for providing Employment to Persons with Disabilities in the Private Sector: Incentives are being provided by the Government to the private sector employers in order to promote employment in the private sector as well.[15]

[1].http://www.jharkhand.gov.in/new_depts/socwf/Social%20Welfare%20Annual%20Plan%2009-10.pdf

[2].http://articles.timesofindia.indiatimes.com/2012-09-05/ranchi/33614847_1_state-disability-commissioner-pwd-act-disability-act

[3].Directory for the Empowerment of Persons with Disabilities through Government and Non Governmental Organisations, pp.25-26.

[4].http://www.telegraphindia.com/1130302/jsp/jharkhand/story_16623167.jsp#.UYc8tLW7KAg

[5].http://socialwelfarejhar.com/ap12-13.pdf, p.5.

[6].Section 27 of the PWD Act.

[7].Directory for the Empowerment of Persons with Disabilities through Government and Non Governmental Organisations, p. 33.

[8]. Office Memorandum No.36035/3/2004-Estt.(Res.) dated 29.12.2005.

[9].http://socialwelfarejhar.com/

[10].http://www.jharkhand.gov.in/new_depts/ap201011/Social_welfare201011.pdf

[11].Supra, n.7.

[12].http://www.jharkhand.gov.in/new_depts/socwf/Social%20Welfare%20Annual%20Plan%2009-10.pdf

[13].http://socialjustice.nic.in/ddrs.php?pageid=6

[14].http://socialjustice.nic.in/adipjh.php

[15].http://socialjustice.nic.in/incentdd.php

For more details visit https://cis-india.org/accessibility/blog/national-resource-kit-jharkhand-call-for-comments

Issue of duplication of identities of users under control: Nilekani

praskrishna — 2013-07-02T10:13:10Z

Nandan Nilekani says UIDAI system almost completely accurate, duplication of identities virtually negligible.

The article by Anirban Sen was published in Livemint on June 29, 2013. Sunil Abraham is quoted.

The Unique Identification Authority of India (UIDAI) chief Nandan Nilekani said the government agency was in preliminary discussions with some embassies to use the Aadhaar project to simplify visa application procedures and that the issue of duplication of identities of users was well under control.

In March, a UIDAI spokesperson told Mint that it had detected 34,015 cases where one person had been issued two Aadhaar numbers. The figures represented a little over 0.01% of the 290 million people who had been enrolled at the time.

Nilekani, who was delivering a keynote address at a three-day conference on the success and failures of information technology (IT) in the public and private sector at the Indian Institute of Management in Bangalore, said the UIDAI system was almost completely accurate and duplication of identities was virtually negligible.

“Knowing what we know now, we believe we have accuracy of upto 99.99%,” said Nilekani, chairman of the Unique Identification Authority of India (UIDAI).

Nilekani, on Saturday, assured that the project was completely secure and user data and biometrics were safe in the hands of the agencies it works with and brushed aside any concerns on security of user data that have been widely raised by Internet security groups and activists.

“We’re not giving any access to data, except when it is resident authorized. It is shared only when a resident participates in a transaction and authorizes the data which is shared,” said Nilekani, who was one of the seven co-founders of India’s second largest software exporter Infosys Ltd. He served as CEO of Infosys from 2002 to 2007.

“The system is also not open to the internet—the system has rings of authentications of service agencies. There are lots of concentric rings of security,” he added. “The biometric data is not used except for enrolment, re-duplication and authentication.”

Internet rights groups and activists such as Sunil Abraham of the Centre for Internet and Society (CIS), a research thinktank that focuses on issues of Internet governance, have often raised concerns over UID’s overtly broad scope and privacy issues in the project.

“We don’t need Aadhaar because we already have a much more robust identity management and authentication system based on digital signatures that has a proven track record of working at a “billions-of-users” scale on the Internet with reasonable security. The Unique Identification (UID) project based on the so-called “infallibility of biometrics” is deeply flawed in design. These design disasters waiting to happen cannot be permanently thwarted by band-aid policies,” Abraham wrote in a blog post on the CIS website last year.

Nilekani also acknowledged that the department had faced several challenges, due to the sheer scale of the project that aims to cover the country’s entire population of 1.2 billion.

“We have had lots of challenges on this project—we have backlogs of enrolment because we have more packets than we can process, we backlogs of letter deliveries because we cannot handle so many letters…but fundamentally notwithstanding those challenges, we believe we are on the right track,” said Nilekani.

Both UIDAI and the census department under the National Population Register project are recording biometric data, which includes fingerprint and iris data. Even though both the agencies reached a truce after a cabinet decision in January 2012 and were allowed to co-exist, there have been several reports of duplication between the two agencies in biometric collection.

UIDAI is not just being used as the main platform for rolling out the government’s direct cash transfer scheme, but is also being regarded as an important authentication scheme for financial transactions and other security measures.

For more details visit https://cis-india.org/news/livemint-anirban-sen-june-29-2013-issue-of-duplication-of-identities-of-users-under-control

A 'Kannada' Wikipedia Workshop for Bloggers

pavanaja — 2013-07-03T10:19:56Z

On Sunday, June 23, 2013, a day-long Kannada Wikipedia workshop was conducted at Suchitra, Bengaluru for Kannada bloggers by the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team. This blog post gives a report on the workshop.

There was a demand from Kannada bloggers that they need some orientation on editing Kannada Wikipedia. There were informal talks on this since the last 2-3 months on when and how the event should be organised. CIS-A2K collaborated with Suchitra Film and Cultural Society, Bengaluru and Avadhi. G N Mohan of Avadhi and Prakash Belavadi of Suchitra helped in getting the conference room of Suchitra available for the workshop.

Announcement was made in the KannadaWikipedia group of Facebook. This group has more than 2000 members. One member even sent a message questioning the wisdom of inviting everyone for the workshop. He asked, "can we accommodate all the people if they turn up?" However, I was quite sure that not more than 25 will turn up. The reason being the condition that participants should come with their own laptops and internet connections. As the workshop date neared, more and more people began registering for participation. The number reached 56 on the previous night. I sent a message requesting people to reconfirm the participation as the conference room could accommodate 25 people only. Few people withdrew and only 13 persons reconfirmed.

June 23, being a Sunday, the personnel at Suchitra came to open the room only at 9.50 a.m. Myself and some participants were there at 9.20 a.m. itself. Once everyone settled down, there was an issue with the projector. My ultrabook has only a mini HDMI port. I keep an HDMI-to-VGA converter and have been using it from the last 2-3 workshops. It worked well at those places. But on June 23, it refused to work. I then exchanged my ultrabook with another participant and the presentation and workshop begun. I had sent some tutorial files to all those who confirmed participation. All of them came and surprisingly, there were two more participants, who hadn't confirmed their participation. That accelerated the participation by them. This itself was very encouraging. That means the participants who came that day were really serious of editing Wikipedia.

The workshop was conducted intermixing presentation and hands-on. By evening everyone had learnt how to edit Wikipedia, how to create headings, sub-headings, bulleted lists, text, numbered text, how to insert Wiki links as well as external links, etc. People picked up inserting reference as well quite quickly. Since majority of them were bloggers, they already knew the concepts but wanted to know the Wiki syntax which they picked up by the end of the workshop.

Harish M G, who is an admin with Kannada Wikipedia joined the workshop and helped in clearing many advanced doubts.

The result of the workshop is quite encouraging. Most of them have added contents and edited some existing pages as well. Thanks are due to Suchitra for sponsoring the venue and to Avadhi for co-organising this event.

Additional photos are here - https://commons.wikimedia.org/wiki/Category:Kannada_Wikipedia_workshop_for_bloggers_at_Suchitra

For more details visit https://cis-india.org/openness/blog-old/kannada-wikipedia-workshop-bloggers

A Treat for the Blind

praskrishna — 2013-07-11T06:02:27Z

The WIPO treaty will provide copyright exceptions on books making them available to blind people in formats they can use.

The article by Chitra Narayanan was published in Business World on June 26, 2013. Pranesh Prakash is quoted.

For millions of visually impaired people around the globe, it’s a landmark treaty that could open up the kingdom of books for them. After days of intense deliberations at Marrakesh in Morrocco, about 600 World Intellectual Property Organisation (Wipo) negotiators, including delegates from India, reached a consensus on a treaty that will provide copyright exceptions on books making them available to blind people in formats they can use.

Wipo, a United Nations agency, is dedicated to the use of intellectual property as a means of stimulating innovation and creativity. The agency has 186 member states.

Sure, content is king. But for the visually impaired, the right platform for accessing content is what makes the difference. Thanks to audio books, a host of apps, and digital platforms such as Bookshare, which provides content in accessible formats, the technology is already there to bring the rich world of 'hardcovers' and 'paperbacks' alive for those who cannot see. What’s more, these books are compatible with all kinds of devices from mobile phones to tablets to PCs.

Now, at last, there is legal sanction as well to content that was not being made available in accessible formats by the copyrights holders. For the 15 million people who are blind in India, the treaty is expected to open education doors as well as provide entertainment needs. India has the world’s largest number of blind people.

Bangalore-based Centre for Internet Society, a policy research organisation, has been at the forefront of negotiations at WIPO to get the treaty through. Minutes after the session concluded, Pranesh Prakash, policy Director at CIS and his colleague Sunil Abraham were tweeting ecstatically about the “win”.

For five long years, this Wipo treaty has witnessed contentious discussions on issues such as including exports of copyrighted works, translations of copyrighted works and so on. According to Prakash, who responded over twitter, “On Exports we won, but re-exports which was earlier permitted has become much more difficult.”

There are also other grainy areas such as commercial availability of the books. According to a post on the Intellectual Property Watch website, soon after the agreement was reached, commercial availability still stands under Article 4 (National Law Limitations and Exceptions on Accessible Format Copies) but has disappeared from Article 5 (cross border exchange of accessible format copies).

Although blind music legend Stevie Wonder, one of the most ardent supporters of the treaty, must be crooning Signed, Sealed, Delivered... it’s early days yet. The draft of the treaty has to be ratified by governments before being adopted.

But for five long years, it has been a long hard battle between copyright owners and those fighting for human rights of the visually impaired. Finally, as one observer, put it: 'a rare victory is in sight for human rights'.

For more details visit https://cis-india.org/news/business-world-june-26-2013-chitra-narayanan-a-treat-for-the-blind

The State is Snooping: Can You Escape?

snehashish — 2019-04-29T15:09:18Z

Blanket surveillance of the kind envisaged by India's Centralized Monitoring System achieves little, but blatantly violates the citizen's right to privacy; Snehashish Ghosh explores why it may be dangerous and looks at potential safeguards against such intrusion.

The Snowden Leaks have made it amply clear that the covert surveillance conducted by governments is no longer covert. Information by its very nature is prone to leaks. The discretion lies completely in the hands of the personnel handling your data or information. Whether it is through knowledge obtained by an intelligence analyst about the US Government conducting indiscriminate surveillance, or hackers infiltrating a secure system and leaking personal information, stored information has a tendency to come out in the open sooner or later.

This raises the question whether, with the advancement of technologies, we should trust our personal information and data with computers. Should we have more stringent laws and procedural safeguards to protect our personal information? Of course, the broader question that remains is whether we have a ‘Right to be Forgotten’.

Similar to PRISM in the US, India is also implementing a Centralized Monitoring System (CMS) which would have the capabilities to conduct multiple privacy-intrusive activities, ranging from call data record analysis to location based monitoring. Given the circumstances and the current revelations by a whistleblower in the US, it is more than imperative to take a closer look at the surveillance technologies which are being deployed by India and question what implications it might have in the future.

Technological shift and procedural safeguards
The need for procedural safeguards was brought to light in the Supreme Court case, when news reports surfaced about the tapping of politicians' phones by the CBI. The Court while deciding on the issue of phone tapping in the case of People’s Union of Civil Liberties v. Union of India (1996), observed that the Indian Telegraph Act, 1885 is an ancient legislation and does not address the issue of telephone tapping. Thereafter, the court issued guidelines, which were implemented by the Government by amending and inserting Rule 419A of the Indian Telegraph Rules, 1951. These procedural safeguards ensure that due process will be followed by any law enforcement agency, while conducting surveillance.

Section 5(2) of the Indian Telegraph Act, 1885 grants the power to the Government to conduct surveillance provided that there is an occurrence of any public emergency or public safety. If and only if the conditions of public safety and public emergency are compromised, and if the concerned authority is convinced that it is expedient to issue such an order for interception in the interest of “the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence” is surveillance legitimized. The same was reaffirmed by the Supreme Court in the 1996 judgment on wire tapping.

Now, as the Government of India is planning to launch a new technology, the Centralized Monitoring System (CMS) which would snoop, track and monitor communication data flowing through telecom and data networks, the question arises: can we have procedural safeguards which would protect our right to privacy against technologies such as the CMS?

The key component of a procedural safeguard is human discretion; either a court authorization or an order from a high ranking government official is necessary to conduct targeted surveillance and the reasons for conducting surveillance have to be recorded in writing. This is the procedure which is ordinarily followed by law enforcement agencies before conducting any form of surveillance. However, with the computational turn, governments have resorted to practices which would do away with the human discretion. Dragnet surveillance allows for blanket surveillance. Before getting to the problems in evolving a due process for systems like CMS, it is imperative to examine the capabilities of the system.

Centralized Monitoring System and death of due process
Setting up of a CMS was conceptualized in India after the 2008 Mumbai attacks. It was further consolidated and found a place in the Report of the Telecom Working Group on the Telecom Sector for the Twelfth Five Year Plan (2012-2017). The Report was published in August, 2011 and goes into the details of the CMS.

When machines and robots are deployed to conduct blanket surveillance and impinge on the most fundamental right to life and liberty, and also violate the basic tenets of due process, then much cannot be done by way of procedures. What then do we resort to, is the primary question. Can there be a compromise between the right to privacy and security?

The Report indicates that the technology will cater to “the requirements of security management for law enforcement agencies for interception, monitoring, data analysis/mining, antiâ€socialâ€networking using the country’s telecom infrastructure for unlawful activities.”

The CMS will also be capable of running algorithms for interception of connection oriented networks, algorithms for interception of voice over internet protocol (VoIP), video over IP and GPS based monitoring systems. These algorithms would be able to intercept any communication without any intervention from the telecom or internet service provider. It would also have the capability to intercept and analyze data on any communication network as well as to conduct location based monitoring by tracking GPS locations. Given such capabilities, it is clear that a computer system will be sifting through the internet/communication data and will conduct surveillance as instructed through algorithms. This would include identifying patterns, profiling and also storing data for posterity. Moreover, the CMS will have direct access to the telecommunication infrastructure and would be monitoring all forms of communication.

With the introduction of CMS, state surveillance will shift to blanket surveillance from the current practice of targeted surveillance which can be carried out under specific circumstances that are well defined in the law and in judgments. Moreover, when it comes to current means of surveillance, there are well-defined procedures under the law which have the ability to prevent misuse of the surveillance systems. This is not to say that the current procedural safeguards under the laws are not prone to abuse, but if implemented properly, there is less chance of them being misused. Furthermore, with strong privacy and data protection laws, unlawful and illegal surveillance can be minimized.

In the current legal framework, with respect to surveillance, if CMS is implemented then it will be in violation of the fundamental right to privacy and freedom of speech as guaranteed under our Constitution. It will be also in contravention of the procedural safeguards laid down in the Supreme Court judgement and the Rule 419A of Indian Telegraph Rules, thereof. Strong privacy laws and data protection laws may be put in place, which are completely absent now. But at the end of the day, a machine will be spying on every citizen of India or anyone using any communication services, without any specific targets or suspects.

In the People’s Union of Civil Liberties v. Union of India (1996), the Supreme Court laid down that “the substantive law as laid down in Section 5(2) of the [Indian Telegraph Act, 1885] must have procedural backing so that the exercise of power is fair and reasonable.” But with technologies such as CMS, it will be very difficult to have any form of procedural backing because the system would do away with human discretion which happens to be a key ingredient of any legal procedure.

The argument which can be made in favour of CMS, if any, is that a machine will be going through personal data and it will not be available to any personnel or law enforcement agency without authorization and therefore, it will adhere to the due process. However, such a system will be keeping track of all personal information. Right to privacy is the right to be left alone and any incursion on this fundamental right can only be allowed in special cases, in cases of public emergency or threat of public safety. So, electronic blanket surveillance without human intervention also amounts to violation of the substantive law, which specifically allows surveillance only to be conducted under certain conditions, and not through a system such as CMS that is designed to keep a constant watch on everyone, irrespective of the fact whether there is a need to do so.

Additionally, there exists a strong, pre-established notion that whatever comes out of a computer is bound to be true and authentic and there cannot be any mistakes. We have witnessed this in the past where an IT professional from Bangalore was arrested and detained by the Maharashtra Police for posting derogatory content on Orkut about Shivaji. Later, it was found that the records acquired from the Internet Service Provider were incorrect and the individual had been arrested and detained illegally.

Telephone bills, credit card bills coming out from a computer system are often held to be authentic and error-free. With UID, our identity has been reduced to a number and biometrics stored in a database corresponding to that number. It is this trust in anything which comes out of a computer or a machine that can lead to massive abuse of the system in the absence of any form of checks and balance in place. Artificial things taking control over human lives and our almost unflinching trust in technology will not only cause gross violations of privacy but will also be the death of due process and basic human rights as we know it.

In this regard, due emphasis should be given to the landmark Supreme Court judgment in the case of Maneka Gandhi v. Union of India (1978) which deals with issues related to due process and privacy. It states that "procedure which deals with the modalities of regulating, restricting or even rejecting a fundamental right falling within Article 21 has to be fair, not foolish, carefully designed to effectuate, not to subvert, the substantive right itself. Thus, understood, ‘procedure’ must rule out anything arbitrary, freakish or bizarre. A valuable constitutional right can be canalised only by canalised processes".

When machines and robots are deployed to conduct blanket surveillance and impinge on the most fundamental right to life and liberty and also violate the basic tenets of due process, then much cannot be done by way of procedures. What then do we resort to, is the primary question. Can there be a compromise between the right to privacy and security?

A no-win situation
In reality, dragnet surveillance or blanket surveillance is not very useful for gathering valuable intelligence to prevent instances of threat to national security, public safety and public emergency. For example, if the CMS is used to mine data, analyse content related to anti-social activities and even if the system is 99 per cent accurate, the remaining 1 per cent which is a false positive happens to be a large set. So, 1 out of every 100 individuals identified as an anti-social element by CMS may actually be an innocent citizen. Given the possibility of false positives and which may be more than 1 per cent, the number of innocent citizens caught in the terrorist net would be much higher.

Even though blanket surveillance or dragnet surveillance can keep a tab on everyone, it is nearly impossible for an algorithm to separate the terrorists from the rest. Moreover, the data set collected by the machine is too big for any human analyst, to actually analyze and identify the terrorist in the midst of a deluge of information. Therefore, the argument that a system like CMS will ensure security in lieu of minor intrusions of privacy is a flawed one. Implementation of CMS will not really ensure security but will be a case of blatant violation of individual’s right to privacy anyway.

What is perhaps more shocking is that not only will CMS be futile in preventing security breaches or neutralizing security threats, it will on the contrary expose individual Indian citizens to breach of personal security. If personal data and information are stored for future reference through a centralized mechanism, which is also the case with UID, it will be highly susceptible to attacks and security threats. It will be a Pandora’s Box with a potential to create havoc the moment someone is able to gain access to the information with intention to misuse that. Leaking of personal information and data on a large scale can be detrimental to society and give rise to instances of public emergency.

The ‘Right to be Forgotten’

Currently, the European Union is engulfed in the debate on the “Right to be Forgotten” laws. The Right to be Forgotten finds its origins in the French Law le droit Ã l’oubli or the right of oblivion, where a convict who has served his sentence can object to the publication of facts of his conviction and imprisonment or penalty. This law has a new found meaning in the context of social media and the internet, where we have the right to delete all our personal information permanently. This is an important issue which India should debate and discuss, as we live in an era where privacy comes at a cost.

On the one hand, technology has made it easier to track, trace, monitor and snoop, on the other it has also seen innovation in the field of encryption and anonymity tools. Encryption tools such as Open PGP exist online, which can secure information from third party access. Tor Browser, allows an user to surf the web anonymously. The use of such technologies should be encouraged as there is no law which prohibits their use. If systems are being built to spy on us, it will be better if we use technologies which protect our personal information from such surveillance technologies.

For more details visit https://cis-india.org/internet-governance/blog/india-together-june-26-2013-snehashish-ghosh-the-state-is-snooping-can-you-escape

Pervasive Technologies: Patent Pools

nehaa — 2013-07-03T06:57:59Z

In this research paper, Nehaa Chaudhari gives an analysis of patent pools. She discusses the working of a patent pool, study patent pool in other areas of technology, and patenting in telecom and related technology.

Click to download the full research paper here (PDF, 475 Kb)

Introduction

The network landscape over the past few years has been characterized by several battles of supremacy between two or more rival technologies. [1] These battles have included, inter alia, the constant efforts at besting rivals in the arena of patenting innovations in technology, often as a result characterised by the imposition of high royalties on rivals, for the use of one’s patents. However, having realised that such efforts at besting the other could prove detrimental for all parties concerned in the long run, and stall technological advancements which would in turn translate into lower business revenue, mechanisms were devised to ensure a relatively equitable utilization of patents in the market place. One such mechanism that has been developed is that of patent pools.

Patent pools have been developed around most areas of high end technology and research and development. Over the course of this paper, the author has confined herself to a study on patent pools in the area of telecommunications, and the issues to be addressed therein. Specifically, the author will be dealing with patent pools around 3G, 4G, LTE, TD-SCDMA and TD-LTE technologies. Within this framework, the author seeks to examine what are patent pools, whether and what kind of patent pools exist, their associated costs, their licensing arrangements and the structure of the payment of royalty, and the feasibility of these patent pools.

Understanding Patent Pools

Patent pools are agreements among patent owners through which patent owners combine their patents, waiving their exclusive rights to the patent to enable others, or themselves, to obtain rights to license the pooled patents.[2] Therefore, such pools may be focussed either on cross licensing, that is companies mutually making their patents available to each other, or on out licensing, that is, a group of companies making a collection of patents available to companies that do not or might not have patents of their own to contribute to the pool.[3] Typically, modern patent pools combine patents of various companies and are around inventions that are required to implement an established industry standard, are licensed as a whole (on an all or nothing basis) and not as individual licenses for patents owned by various companies within that pool, and are available to any non member for licensing.[4] Such licensing is done under a standard agreement and royalty rates, on a non discriminatory basis. The exception to this rule is that if certain members have contributed patents to the pool, they may receive more favourable terms, in recognition of their cross licensing relationship to the pool.[5] When viewed from a law and economics perspective, patent pools are seen to be an efficient institutional solution to various problems that arise when companies have complementary intellectual property rights, and these rights are essential to new technologies being used and employed. [6] However, this perspective also warns about the antitrust risks that may arise when competitors or potential competitors are involved in the coordination of their intellectual property. For instance, such pools may be used to allocate markets or otherwise chill competition. [7]

The Working of a Patent Pool

Generally, a patent pool may be administered in one of two ways- it may either have an administrative entity, or may also just be a system of cross licensing between two firms.[8] In case of the former, the licensing agency may be one of the patent holders, [9] or may be an independent licensing company (e.g. MPEG).[10]

The ownership of patents within the pool is retained by the owners, who then license them to the operator/administrator on a non exclusive basis, with sub licensing rights. This means that the owners are free to continue to license their patents on an individual basis, and the administrator also has the right to further license the patents to any party who is interested in licensing from the patent pool.[11] The responsibility of managing licensing and licenses is vested in the operator/administrator of the patent pool. Licensees are required to report sales and pay royalties to the pool administrator, who in turn would enforce the conditions of the license.[12] The distribution of royalties between the members of the pool is on the basis of a formula which may, or may not be transparent to non member licensees, with the pool operator retaining a management fee.[13] Typically, pool licenses are also structured in a manner so as to render difficult early termination by the licensee. The nature of the contract, once signed by a licensee, is typically binding in nature. Therefore, this would mean that the administrator of the patent pool could sue the licensee for non performance of the contract.[14] However, unless a pool operator is a member of the pool itself, it cannot sue for the infringement of patents. [15] Therefore, in the event that a patented technology were to be utilised without having taken a license, one or more of the individual patent owners would be required to take legal action. The involvement of the pool operator would be limited to being a part of any settlement discussions, if they were to occur, since one of the options for the alleged infringer could be to obtain a license for the patent pool.[16]

Drawing Parallels with Other Patent Pools

In this section of the paper, the author seeks to study patent pools in other areas of technology in order to better understand the structure and pricing of patent pools.

The ‘3C DVD’ Patent Pool
Established in 1998, the 3C DVD Patent Pool was the brainchild of Philips, Sony and Pioneer, and L.G. was subsequently inducted as a member. Philips acts as a licensing administrator for patents held by all the companies, which are over two hundred in number. These patents include those for the manufacture of the DVD players, and for the manufacture of the DVD disks themselves. [17] The player license per unit royalty was set as 3.5% of the net selling price of each player sold. This was subject to a minimum fee of $7 per unit, which after January 1, 2000 became $5 per unit. The disc license royalty was set as $0.05 per disc sold.[18]

The ‘DVD- 6C’ Patent Pool
Established in June 1999, the members of this pool at the time of its inception were Hitachi, Matsushita, Mitsubishi, Time Warner, Toshiba, and JVC. This pool was also for the DVD-ROM and the DVD- Video formats, with Toshiba acting as the administrator. [19] The royalties were set at $.075 per DVD Disc and 4% of the net sales price of DVD players and DVD decoders, with a minimum royalty of $4.00 per player or decoder, which saw a substantial reduction in 2003.[20] Subsequently, there were various changes that were made to this group, including the inclusion of newer standards, the joining and subsequent departure of IBM and other organizations as a member etc. Hitachi and Panasonic also act as regional agents in certain regions of the world.

The MPEG LA pool
The MPEG-2 is a standard for describing the coding of data inter alia, on DVD discs. For MPEG-2, a patent pool has been established, where the administrator is an independent, external organization known as the MPEG Licensing Authority, that set itself the aim to develop a patent pool for this standard. [21] The MPEG LA invited parties that thought they owned patents essential to this standard to join the program, which took off in 1997. At present, the pool has over a hundred patents and thousands of licensees.[22]

Patenting in Telecom and Related Technology

In this section of the paper, the author examines the working of patenting and patent pools in the telecommunications sector and in areas of related technology.

Early Developments and the Emergence of GSM
Patent pools are slowly developing into a key component of the telecommunications and the technological industry. The technology industry has been said to be an ecosystem, wherein there is a complex correlation between those who develop the technology and those who implement it in the creation and development of products.[23] In the telecommunications industry for instance, each handset manufacturer has declared only a small percentage of the various types of intellectual property assets that are necessary to implement a 3G compatible cellular phone. Therefore, the working in such a context is that various companies develop different technologies, and the same is shared by various manufacturers that seek to make use of this technology.[24]

The revival of patenting in the sector of telecommunications, post a period of decline in the decades of the 19540s to the 1980s, is attributed to the advent of the GSM standard for mobile communications in Europe.[25] In 1988, the main European operators invited equipment suppliers and developed a procedure wherein manufacturers would have to give up their intellectual property rights and to provide free world wide licenses for essential patents.[26] After opposition from the manufacturers, the approach was modified to one wherein the operators required the suppliers to sign a declaration agreeing to serve all of the GSM community on fair, reasonable and non discriminatory conditions.[27] In the early 1990s, Motorola by refusing to grant non discriminatory licenses for its substantial portfolio of essential patents and only agreeing to enter into cross license agreements further intensified the debate over IPRs in telecommunications. The company only lifted these restrictions after various countries across the world expressed a preference for this standard. The experience in this standard has demonstrated that it would not be accurate to expect that all parties holding essential patents would be willing to license them to all interested parties.[28] Companies were only willing to relax their licensing conditions once revenue generating opportunities increased.

The 3G3P and the UMTS
In July 2000 the 3G Patent Platform Partnership (3G3P) and its 18 partners notified various agreements to the end of establishing a worldwide patent platform. The purpose behind this was disclosed to be that of providing a voluntary and cost effective mechanism to evaluate, verify and license patents that were essential for third generation (3G) mobile communication systems.[29] It was also claimed that the said agreements would have pro competitive effects and that the purpose behind this Platform was the facilitation of access to technology and consequent entry into the markets.[30] On the intellectual property front, the purpose was to reduce cost uncertainties and the delays that were accompaniments of licensing numerous essential patents for complex technologies.

While it has often been considered to be a patent pool, this arrangement has been said to be only similar to a patent pool.[31] The 3G3P itself has argued that since it was a mere facilitator of transactions between patent holders and licensees, and that membership was open to both licensors and licensees as opposed to only licensors as in the case of patent pools, it would be fallacious to classify the Platform as a patent pool. Further, it has also been argued that licensing by members is not restricted to the Platform and that there was no bundling or real pooling of the patents per se and those licensees have the opportunity to pick and choose between patents with the licensing being carried out on a bilateral basis. Additionally, unlike in a patent pool, there is no single license between the patent holders as a collective and the licensee, and the parties have a choice between the Standard License of the Platform, and a negotiable individual license.[32] A Standard License provides for Standard Royalty Rate, a Maximum Cumulative Royalty Rate and a Cumulative Royalty Rate.[33] Bilateral transactions on the other hand, are negotiated between the parties where the consideration is to be determined on fair and equitable terms.[34] This Platform also provides for a price cap, which, instead of being absolute and set at a pre-determined royalty rate, is a default five percent maximum (not minimum) cumulative royalty rate for potential licensees per product category.[35] The royalty rate for each individual patent will differ for each of the licensees and this depends on the patent portfolio under each product category that the licensee has chosen.[36]

The concerns and challenges of the GSM experience were well perceived during the determination of the course of action for UMTS. European actors were especially wary of Qualcomm and expected the firm to demand high license fees, with some even fearing them to be in excess of 10%.[37] Subsequently, various attempts at developing licensing schemes failed, until 2004 and the establishment of the W-CDMA Patent Licensing Programme for UMTS FDD patents.[38] At the outset, seven licensors offered their patents as a bundle to prospective licensors, a number which decreased over time.[39]

The Development of LTE Patent Pools
The next stage in the process of innovation in the realm of telecommunications was the development of the Long Term Evolution (LTE) Standard, which while being essential to 4G technology has also seen application in the realm of 3G. Consequently, patent pools or similar structures have been developed in these areas. LTE patents are being viewed as among the most valuable intellectual property resource in the mobile telecommunications industry, with most operators around the world building LTE networks.[40]

As per in a study conducted in 2011, 23% of the patents about this technology were owned by L.G. Electronics, with Qualcomm coming in second with 21%. Motorola Mobility, InterDigital, Nokia and Samsung each owned 9%, China’s ZTE owned about 6%[41] and Nortel owned 4%, which were later sold to a consortium of Apple, EMC, Ericsson, Microsoft, Research in Motion (RIM) and Sony, after Nortel filed for bankruptcy in 2009.[42] Ericsson also independently owns 2% of the patent pool and RIM owns 1%.[43] However, another analysis[44] of IP databases conducted by ZTE in 2011 revealed differing results. As per this analysis, InterDigital was the leader, with its Patent Holdings arm controlling 13% and the Technology arm controlling 11% of LTE essential patents. Qualcomm controlled 13%, Nokia and Samsung 9% each, Ericsson controlled 8%, as did Huawei, ZTE controlled 7%, L.G. controlled 6% and NTT DoCoMo brought up the rear with 5%. The remaining 11% was held by various other firms.[45] It is to be realized that these studies have often come under criticism from different companies, with each of them eager to portray themselves as the market leader.[46] Setting aside criticism driven by corporate egos, the principle of it, that is, the difficulty in assessing and valuing patents cannot be disputed. Valuing patents is far from merely counting the number of patents owned by a company. The complications are especially evident when it comes to determining which of these patents are essential and which of them aren’t. Additionally, the worth of these patents varies depending on the existence or the absence of certain conditions, including transfer restrictions, cross licensing arrangements, ownership and market conditions.[47]

The aforesaid discussion reveals the complexity and the fragmentation of the LTE environment, which further underscored the need to have patent pools in this field. Although the need for a patent pool was realized in 2009-2010, given that the WCDMA patent pool had been met with very limited success,[48] industry watchers were reluctant to be optimistic. This was in part fuelled by the understanding of the attitude of dominant players, wherein they continued to believe that they could derive more monetary, cross licensing and litigation defence value if they did not pool their patents.[49]

The development of LTE patent pools can be traced back to 2009, and the response of Via Licensing¸ Sisvel and MPEG LA to a Request for Information on forming such a patent pool by the Next Generation Mobile Network Alliance (NGMN).[50] Sisvel’s proposal, which it subsequently made at a public conference in 2010 sought to demonstrate that patent pools could prevent excessive costs from royalty stacking.[51] Among various other examples, Roberto Dini, the founder of Sisvel suggested that if patents were to be licensed individually, for instance, 85 patents for MPEG video at 50 cents apiece would cost $42.50. As opposed to this, the patent pool charged $2.50.[52] In 2011, the NGMN reiterated its recommendation to all stakeholders in the mobile industry that were interested in developing patent pools to hasten their development process to avoid further delays in LTE licensing.[53] The NGMN also went on to state that it would be ideal if all the parties were to agree on a single patent pool that promoted reasonable royalties, offered certainty on the availability of the licenses for patents and created a framework for evaluation of their essentiality, where the value of the patents essential to the pool would be established by the industry.[54] These recommendations were not without their fair share of criticism, both, from industry watchers[55] and from vendors.[56] Notwithstanding these reservations, both, Sisvel[57] and Via Licensing have gone on to issue calls for patents for the purposes of creating patent pools in the LTE marketplace.

The Sisvel LTE Patent Pool materialized in late 2012, wherein licenses were offered under a portfolio of patents essential to LTE.[58] The pool includes patents owned by Cassidian, the China Academy of Telecommunication Technology, the Electronics and Telecommunications Research Institute, France Telecom, TDF, and KPN, in addition to some patents that had been originally filed by Nokia but were acquired by Sisvel in 2011.[59] The pool is also open to other organizations that have patents essential to LTE. At present, the current portfolio of these patents is available under standard terms and conditions. The running royalty rate is 0.99 Euros per device.[60]

Having promised a launch within a few months in June, 2012[61] Via Licensing has also developed its own LTE Patent Pool, with the initial companies in this pool being AT&T, Clearwire Corporation, DTVG Licensing, HP, KDDI Corporation, MTT DoCoMo, SK Telecom, Telecom Italia, Telefónica and ZTE.[62] Like Sisvel’s Patent Pool, this pool is also open to other organizations that believe they possess essential LTE patents, and they are encouraged to submit the same for evaluation.[63] The patent pool floated by Via leans heavily towards service providers, but some of the big players in the industry including Nokia, Ericsson, Huawei Technologies and Samsung Electronics are conspicuous by their absence.[64] This absence is felt even in Sisvel’s patent pool, with the reasoning being proposed[65] that these key patent holders may prefer private licensing and subsequent litigation over pooled resources in patent pools.[66] Understandably, the launch of the LTE Patent Pools has been met with approval by the NGMN[67] but given the nascent stages in which both of these pools find themselves, it would be premature to comment (without first observing for a few months) the likelihood of their success or failure and how they would play out against each other.

The TD-SCDMA and the TD-LTE
Reportedly, China has spent several billion dollars on the import of analog and GSM technology,[68] and the country’s mobile communications industry continues to be dominated by foreign players.[69] Therefore, in continuation of a purportedly growing trend[70] in the area of telecommunications as well, domestically developed systems are being preferred and developed over standardized technologies that enjoy strong patent protection outside China.[71] Besides the avoidance of paying royalties to foreigners, the idea is also to use China’s strong market presence and have more participants in China’s home grown technology.[72]

Time Divisional- Synchronous Code Division Multiple Access (TD-SCDMA), developed by the China Academy of Telecommunications Technology (CATT), in collaboration with Datang and Siemens[73] is a Chinese indigenously developed 3G technology standard developed by China to reduce its dependence on western standards.[74] Interestingly however, it has been reported that the Chinese hold core patent technology only about 7% whereas most of the rest of it is taken by other foreign organizations.[75] In 2000, an industry consortium, the TD-SCDMA forum was established. The participants were China Mobile, China Telecom, China Unicom, Huawei, Motorola, Nortel, and Siemens, with the objective of developing and supporting this technology. Government support was received in 2002, following which the TD-SCDMA Industry Alliance was founded by well known market players including Datang, SOUTEC, Holley, Huawei, LENOVO, ZTE, CEC and China Putian. There has also been the creation of various joint ventures with international giants such as Alcatel, Ericsson, Nokia, (erstwhile) Nortel, Philips, Samsung and Siemens have also been created.[76]

Information about the existence of patent pools in this technology has been hard to come by. One of the few to write about patent pools in his 2008 paper,[77] Dazheng Wang proposes patent pools as a solution to the problem of commercialization of TD-SCDMA. He suggests that the framework of this patent pool should be on the industry principles of fair, reasonable and non discriminatory licensing terms for essential patents, with the end result being one of increased innovation and competition and an overall increase in market presence. Interestingly, a few articles[78] on blog posts on the internet speak about the existence of patent pools and their apparent misuse[79] as well.

It is submitted that these inconsistencies regarding the division of patents between various patent holders, where the percentage of patents held by each company have been pegged differently,[80] and about the existence of a patent pool or not raise pressing concerns about the payment of royalties and how licensing works in such a situation. On a very basic level, in order to be able to pay royalties and enter into licensing agreements, the existence of an identified, non disputed patent holder would be the sine qua non, which seems to be missing in the case of patents for TD-SCDMA. This problem is only further compounded by the lack of clarity on the very existence of patent pools. Had there been specified patent pools, the issues of determination of essential patents and the setting of royalties and licensing fees would have been standardized, a situation that cannot be invoked, without dispute, in the present Chinese context.

It is further submitted that despite China being the world’s largest market for mobile communications, and its progress from a mere importer to a developer of some parts of technology,[81] the Chinese experiment with TD-SCDMA seems to have met with limited success, in comparison to what was envisaged. For instance, while an agency had forecast that the number of TD-SCDMA subscribers in 2010 would be 34 million, by April, 2010 there were only 8 million or (even lower) subscribers.[82] One of the reasons for preferring other standards, for instance, the W-CDMA is the number of handsets compatible with the same and the consequent variety that is available to the consumer. To illustrate, one could look at the figures from June, 2010. At this point of time China Unicom had 94 models for W-CDMA from twenty four manufacturers including nine foreign ones, whereas China Mobile had only twenty eight models that were compatible with TD-SCDMA.[83] Interestingly, if one were to measure popularity in terms of sheer numbers, TD-SCDMA would emerge the winner over W-CDMA by a couple of million subscribers, but if the growth rate were to be considered, W-CDMA would come out on top. While TD-SCDMA grew only by 24%, W-CDMA has grown at 32% monthly since the start of its service is October, 2009.[84]

China’s experiments with creating its home grown telecommunication standards have not stopped with the development of the TD-SCDMA, with the country being on track in the development of the TD-LTE. Reports suggest that although the systems are in ‘trial’ mode officially, the 4G spectrum situation remains uncertain.[85] It is submitted that although this is in the nascent stages as compared to the TD-SCDMA, the concerns expressed earlier about TD-SCDMA and the suggestions made therein for the technology to realise its full potential would be equally applicable in this scenario as well.

Therefore, in light of this discussion it would not be fallacious to conclude that while the TD-SCDMA, and now more recently the TD-LTE standard might still be in its nascent stages, on a fundamental level it seems to have not fulfilled the objectives with which it was developed, especially given that a sizeable portion of its patents continue to be owned by foreign corporations. In addition to the challenges of attracting subscribers, it would also need to streamline its system of patents, royalties and licensing, if it wants to have a truly global or even national presence. To this end perhaps patent pools structured along the lines of those being developed or in place for other mobile communication technologies might provide a viable solution meriting consideration.

Concluding Observations

One of the fundamental concerns that plague most downstream organizations in the mobile communications sector is the prevalence of high licensing fees that need to be paid on essential patents, the cost of which often trickles down to the customers. A study on the licensing arrangements prevalent at the moment[86] reveals that as of the moment, the result of royalty rate caps is that they save money for downstream manufacturers, but this is at the expense of upstream licensors. The most significant savers are the ones downstream with no IP to trade, and vertically integrated companies while losing some revenue, are able to save significantly more in reduced expenses.[87]

Therefore, it comes as no surprise that efforts at limiting aggregate licensing fees have been at the forefront over the past couple of years. It is in this scenario that patent pools have developed, with operators such as Via Licensing and Sisvel even promoting themselves as being able to put together patent pools that would greatly limit licensing fees.[88] However, some owners of intellectual property continue to find bilateral licensing and cross licensing to be more profitable as opposed to patent pools.

One of the key concerns when it comes to fore when dealing with how patent pools are structured is about the distribution of income received from royalties within the members of the pool, which ties in with the bigger question of classifying patents as essential and non essential. More often than not, patent pools also have to grapple with the problem of members having conflicting interests. For instance, manufacturers have the incentive to cap aggregate royalties of certain essential patents that they would use in manufacturing, in order to reduce their licensing costs. However, these manufacturers could have also brought their own essential patents to the pool, perhaps of a new way of doing things, and would certainly be averse of having caps imposed on these royalties.

One of the key other considerations that patent pools need to take into account include the royalty rates affixed. In an interview some time ago, the founder of Sisvel, went on to state that while affixing these royalty rates, there could be no discrimination against licensees, since that would be a sure fire way of ensuring the collapse of the patent pool.[89] Additionally, patent pools also need to account for the difference in regulatory mechanism and their execution that exists across jurisdictions. For instance, customs officials in France pay a lot more attention to counterfeit goods than they would to patent infringing products, whereas those in Germany would have a keen eye on the latter.[90]

Various other concerns have also been identified with regard to patent pools over time. One of these is that they could potentially eliminate competition that comes from outside of patent pools.[91]

Additionally, patent pools are not all inclusive, since participation is entirely voluntary. Therefore, patent pools would not even be reasonably expected to cover all essential patents required to make a standardised product. This problem is rendered even more complex as a result of the presence of multiple patent pools around the same technology, as in the case of DVDs and more recently, LTE technology.

In sum, while portfolio cross licenses and patent pools can be helpful in resolving issues created by patent thickets by reducing transaction costs for licensees, while preserving to a definitive extent financial incentives for inventors to commercialize their existing inventions and undertake new research, the significant shortcomings of these pools also need to be taken into account before they can be heralded as the solution to problems presented by complex patent landscapes. While voluntary patent pools might have proved to be beneficial in some respects, the imposition of patent pools would be a fallacious approach to undertake.

[1]. Hui Yan, The 3G Standard Setting Strategy and Indigenous Innovation Policy in China: Is TD-SCDMA a Flagship?, DRUID Working Paper No 07-01, available at http://www2.druid.dk/conferences/viewpaper.php?id=1454&cf=9 (last accessed 07 12 2012)

[2]. Josh Lerner and Jean Tirole, Efficient Patent Pools, 4 Am. Econ. Rev. 691, 691 (2004)

[3]. Patent Pools- Some Not So Frequently Answered Questions, available at http://blog.patentology.com.au/2012/11/patent-pools-some-not-so-frequently.html (last accessed 10 December, 2012)

[4]. Id.

[5]. Id.

[6]. Philip B. Nelson, Patent Pools: An Economic Assessment of Current Law and Policy, Rutgers Law Journal, Volume 38:539, 559 (2007)

[7].

[8]. Roger B. Andewelt, Analysis of Patent Pools Under the Antitrust Laws, 53 ANTITRUST L.J. 611, 611 (1984).

[9]. Philips has been known to have been the licensing agency for patent pools where it was a member

[10]. Supra note 3

[11]. Supra note 3

[12]. Supra note 3

[13]. Supra note 3

[14]. Supra note 3

[15]. Supra note 3

[16]. Supra note 3

[17]. Rudi Bekkers et. al., Patent Pools and Non Assertion Agreements: Coordination Mechanisms for Multi Party IPR Holders in Standardization, available at http://www-i4.informatik.rwth-aachen.de/Interest/EASST_Bekkers_Iversen_Blind.pdf 22 (last accessed 09 December, 2012)

[18]. Id.

[19]. Id.

[20]. Id.

[21]. Supra note 17 at 23.

[22]. Supra note 17 at 23.

[23]. Keith Mallinson, Fixing IP Prices with Royalty Rate Caps and Patent Pools, available at http://ipfinance.blogspot.in/2011/07/fixing-ip-prices-with-royalty-rate-caps.html (last accessed 10 December, 2012)

[24]. Id. See Appendix 1 for a graphical representation of declared intellectual property assets in 2009.

[25]. Supra note 17 at 25

[26]. Supra note 17 at 27

[27]. Supra note 17 at 27

[28]. Supra note 17 at 28

[29]. Dessy Choumelova, Competition Law Analysis of Patent Licensing Agreements- the Particular Case of 3G3P, available at http://ec.europa.eu/competition/publications/cpn/2003_1_41.pdf- 41 (last accessed 10 December, 2012)

[30]. Id.

[31]. Id.

[32]. Id.

[33]. Id at 42.

[34]. Id at 42.

[35]. Id at 42-43.

[36]. Id at 43.

[37]. Supra note 17 at 29.

[38]. Supra note 17 at 39.

[39]. Supra note 17 at 39.

[40]. Elizabeth Woyke, Identifying the Tech Leaders in LTE Wireless Patents, available at http://www.forbes.com/sites/elizabethwoyke/2011/09/21/identifying-the-tech-leaders-in-lte-wireless-patents/ (last accessed 08 December, 2012)

[41]. Id.

[42]. Id.

[43]. Id.

[44]. Caroline Gabriel, ZTE Claims 7% of LTE Essential Patents, available at http://www.rethink-wireless.com/2011/01/11/zte-claims-7-lte-essential-patents.htm (last accessed 09 December, 2012)

[45]. Id.

[46]. Id.

[47]. Supra note 40.

[48]. Keith Mallinson, Mallinson: Uncertain Futures in LTE Patent Pool Licensing, available at http://www.fiercewireless.com/europe/story/mallinson-uncertain-outlook-patent-pool-licensing/2010-08-25 (last accessed 10 December, 2012)

[49]. Id.

[50]. Id.

[51]. Id.

[52]. Id.

[53]. NGMN Board Recommendation on LTE Patent Pool, available at http://4g-portal.com/ngmn-board-recommendation-on-lte-patent-pool (last accessed 10 December, 2012)

[54]. Id.

[55]. Caroline Gabriel, NGMN’s Calls for an LTE Patent Pool Will be Futile in the Current IPR Climate, available at http://www.4gtrends.com/articles/53511/ngmns-calls-for-an-lte-patent-pool-will-be-futile-/ (last accessed 11 December, 2012)

[56]. Michelle Donegan, Vendors Balk at LTE Patent Pool Proposal, available at http://www.lightreading.com/document.asp?doc_id=212362 (last accessed 11 December, 2012).

[57]. SISVEL: Patent Pool for 3G Long Term Evolution (LTE), available at http://www.thefreelibrary.com/SISVEL%3A+Patent+Pool+for+3G+Long+Term+Evolution+(LTE).-a0199544458 (last accessed 08 December, 2012)

[58]. LTE Patent Pool from Sisvel, available at http://4g-portal.com/lte-patent-pool-from-sisvel (last accessed 09 December, 2012)

[59]. Id.

[60]. Id.

[61]. Mike Dano, Via Promises LTE Patent Pool Launch Within Months, available at http://www.fiercewireless.com/story/licensing-promises-lte-patent-pool-launch-within-months/2012-06-15 (last accessed 07 December, 2012)

[62]. LTE Patent Pool Available Through Via’s Licensing Program, available at http://4g-portal.com/lte-patent-pool-available-through-vias-licensing-program (last accessed 10 December, 2012).

[63]. Id.

[64]. Stephen Lawson, Lte Patent Pool Brings Together Technologies From At&T, Zte, Hp And Others, available at http://www.computerworld.com/s/article/9232043/LTE_patent_pool_brings_together_technologies_from_AT_amp_T_ZTE_HP_and_others (last accessed 09 December, 2012)

[65]. Peter White, Sisvel LTE Patent Pool Emerges After All- Majors Still Hold Back from Committing, available at http://www.rethink-wireless.com/2012/11/05/sisvel-lte-patent-pool-emerges-all-majors-hold-committing.htm (last accessed 09 December, 2012)

[66]. Shankar Pandiath, Sisvel Launches Patent Pool for 3G Long Term Evolution (LTE), available at http://next-generation-communications.tmcnet.com/topics/nextgen-voice/articles/314957-sisvel-launches-patent-pool-3g-long-term-evolution.htm (last accessed 09 December, 2012).

[67].NGMN Board Welcomes Launch of LTE Patent Pool, available at http://4g-portal.com/ngmn-board-welcomes-launch-of-lte-patent-pool (last accessed 09 December, 2012).

[68]. ELSPETH THOMSON AND JON SIGURDSON (EDS.), CHINA’S SCIENCE AND TECHNOLOGY SECTOR AND THE FORCES OF GLOBALIZATION 17 (2008, World Scientific Publishing Company, Singapore).

[69]. Cong Cao, Challenges for Technological Development in China’s Industry, available at http://chinaperspectives.revues.org/924 (last accessed 11 December, 2012)

[70]. Peter Zura, China Launches TD-SCDMA Telecom Standard¸ available at http://271patent.blogspot.in/2006/01/china-launches-td-scdma-telecom.html (last accessed 10 December, 2012)

[71]. Id.

[72]. Id.

[73]. TD-SCDMA (time division synchronous code division multiple access), available at http://searchmobilecomputing.techtarget.com/definition/TD-SCDMA (last accessed 07 December, 2012).

[74]. SHAHD AKHTAR AND PATRICIA ARINTO (EDS.), DIGITAL REVIEW OF ASIA PACIFIC : 2009-2010 8 (2010, Sage Publications, New Delhi).

[75]. Supra note 1 at 2. See Appendix 2 for the breakup of patent holding. However, see details on Infra note 78 for a contradictory view, wherein China claims to own 30% of all TD-SCDMA patents.

[76]. Pierre Vialle, On the relevance of Indigenous Standard Setting Policy: the Case of TD-SCDMA in China, 2^nd International Conference on Economics, Trade and Development, (2012) 36 IPEDR 184-185 (IACSIT Press, Singapore).

[77]. Dazheng Wang, Patent Pool: A Solution to the Problem of TD-SCDMA’s Commercialization, http://ieeexplore.ieee.org/xpl/login.jsp?tp=&arnumber=5076744&url=http%3A%2F%2Fieeexplore.ieee.org%2Fiel5%2F5076660%2F5076661%2F05076744.pdf%3Farnumber%3D5076744 (last accessed 11 December, 2012).

[78]. China Owns 30% of TD-SCDMA Related Patents, available at http://www.cn-c114.net/582/a310685.html (last accessed 11 December, 2012).

[79]. The Legal Regulation on Patent Pool Misuse, available at http://www.socpaper.com/the-legal-regulation-on-patent-pool-misuse.html (last accessed 11 December, 2012).

[80]. Supra notes 75 and 78.

[81]. Tomoo Marukawa, Chinese Innovations in Mobile Telecommunications: Third Generation vs. “Guerrilla Handsets”, Paper presented at the IGCC Conference: Chinese Approaches to National Innovation, La Jolla, California, June 28-29, 2010 at 1.

[82]. Id at 8.

[83]. Id at 9.

[84]. Id at 9.

[85]. China to Speed Up TD-LTE Process, available at http://www.tdscdma-forum.org/en/news/see.asp?id=11998&uptime=2012-11-29 (last accessed 08 December, 2012)

[86]. Supra note 23.

[87]. Id.

[88]. Supra note 23.

[89]. Sisvel’s Patent Strategy, available at http://www.managingip.com/Article/2400452/Sisvels-patent-strategy.html (last accessed 12 December, 2012).

[90]. Id.

[91]. Supra note 23.

For more details visit https://cis-india.org/a2k/blogs/patent-pools

Pervasive Technologies: Patent Pools

praskrishna — 2013-06-27T07:16:31Z

For more details visit https://cis-india.org/a2k/blogs/pervasive-technologies-patent-pools.pdf

Archive Practice and Digital Humanities

sara — 2013-07-03T09:44:40Z

After trying to define the field of digital humanities in two prior blog entries, one mapping the field, the other defining its values, the third blog entry in the digital humanities series looks at a reoccurring keyword of digital humanities research, namely at the concept of the archive. The following article touches upon how it is being used within research of digital humanities and how that relates to traditional humanities archival work

Within the digital humanities readings, values and topics have been established, which are constantly discussed in different ways. Something that kept on coming up is the way the concept of the archive is included in digital humanities research. As digital humanities deal with building tools for knowledge distribution, it is interesting to look at what the archive did in traditional humanities research and how it is being implemented by digital humanities.

The process of archiving has been central to intellectual work and several political and cultural theorists have written on it since modernity. As Marlene Manoff notes in her essay titled Theories of the Archive from Across the Disciplines, theoretical formulations have emerged in trans-disciplinary work in the past decades, creating a large and diverse body of literature (Manoff 2004). The archive has been said to be central to political power and plausibility in the works of humanities. Yet, the archive is not simply a storage space for historical documents and artifacts. Archives have been known to form national consciousness and be used as a weapon in ethnic struggle, as well as many other political and scholarly realms (ibid.: 11).

According to Michel Foucault the archive is not a place where history is found and historical knowledge is preserved, but a lot more and exactly the opposite (Foucault 1969). For Foucault the archive represents the memory about a certain discourse (for more on Foucault's discourse theory (Foucault 1969). Foucault argues that the systems of thought and knowledge are governed by rules not only structurally, but operationally in the consciousness of individual subjects (see: Gutting 2013). This means that all knowledge is being produced with boundaries and constraints of thought which apply only to the period in which that knowledge is being produced. Returning to the archive, this means that what it stores is always subjective and mirrors only the concepts and knowledges of the time it was produced in. Archeological work was and is important, as it shows how societies have thought and acted in prior situations, which may differ from the knowledges about the same things that are perceived as 'truths' today. In this way, Foucault argues, a process of knowledge creation is made visible, which on the one hand cannot be thought as a separate from our contemporary knowledge production mechanisms, while at the same time it is isolated from them, as the archive only shows the memory of knowledges at that time for that time. Foucault goes on to create the method of what he calls a 'genealogy', which enables humanities and research in general to follow up on the process of changing knowledge repositories, discourse and norms (see Foucault 1969) . Genealogy is not just simply a critical look at history, but allows for several recounts of histories, discourses and norms which are felt to have no history, like for example sexuality or body issues, which are often portrayed as to have “always been that way”. Genealogy, therefore, is not a linear praxis, instead it seeks to show contradictions and pluralism within histories, hence deconstructing the term's supposed essentialism.

One of the main things one can derive from Foucault in this context is that he sees history not as a given, unchangeable thing, but accentuates its multiplicities, which is why this text mostly speaks of histories in a plural sense. At the same time, Foucault's goal was not to enforce the term history, but to go against supposedly rigid narratives of ideas and historical sciences, to explore the sociopolitical rules under which knowledge is generated, produced and revised.

It becomes quite clear that the political implementations of archival practice are essential to the way in which history is perceived, and even more so in which histories are being told, as it is always a selective process. One must remember that most archival work done in prior years and probably up until the present day is mostly done by people in the so-called 'West', first and foremost by white, middle class men. So it is no surprise that revising existing archives can be fruitful to changing the perspective on a certain discourse or analyzing its political power at the time. As Kate Eichhorn explains in an interview, reviewing even apparently empowering archives of political discourse and their documentation can modify the way a certain movement is portrayed. Her research on feminist archives and her documentation of feminist and queer activism brings new acknowledgement to the Riot Grrrl movement with an “intellectual and aesthetic lineage” it was not being associated with before (Eichhorn/Gwendolyn 2011). So, although the actual practice of archiving is merely a methodology, its technology influences the agency and the politics of the discourse it is serving as a memory for.

It has been argued that the archive is for humanities, what the laboratory is for the sciences (see Manoff 2004: 13). This analogy works well, as it describes the materiality of archives as a place of knowledge production. However, it implies a certain affirmative understanding of this process, as laboratories in sciences are used not to create discourse, but to affirm or deny a certain hypotheses, which could deny the social influences taken on archives. At the same time, research done in science, technology and society studies has made it very clear that even laboratory work underlies certain social constraints and is not an objective method of creating knowledges (see eg. Latour/Woolgar 1986, Hackett et. Al 2008). Nevertheless, it is true that the building of the archive is a technological process, as Jacques Derrida points out (Derrida 1994: 17). Therefore, it is important to remember that technology does not only incorporate the digital, but also analog mechanisms, like the mere act of inscription or documentation. Technologies should not and cannot be separated from the methodology of 'archiviation', as they are inherent to the way the documentation is taking place. Based on the example of Freud's psychoanalysis, Derrida argues that the access to technologies such as tape recorders or computers would have “transformed the history and development of psychoanalysis 'in its very events' (Manoff 2004: 12, emphasis in original).

This point seems even more valid in a discipline which sees one of its main features in making knowledge accessible through archival work on the internet, as it is the case in the digital humanities according to many of the practitioners in the field (see eg. Svensson 2009). A large amount of work in the digital humanities has been going into making previously published work available online, as well as publishing new work in several languages or formats such as visualizations of data. The technological development of the last years has enabled not only text-based data to be visualized, but event podcasts to be uploaded and activist operations to be documented in virtual space. However, as Kate Eichhorn states in reference to the Occupy Movement, just because a discourse is occupying a space online, it doesn't necessarily mean that it is successful in promoting its cause or even granting access to it (see Eichhorn/Gwendolyn 2011), let alone helping it stand the test of time. Even more so in the digital humanities, where a shift has taken place, encouraging digital humanists to do less reading and more “doing” (see Ramsay 2011). Discussing this separation clarifies what might be one of the main problems within digital humanities, which is the attempt to separate technology from what is human, and thereby from what is social. “Doing” things translates into a purely technological activity, which implies that there is no theory to back up one's actions. This “Doing” can be translated into a positivistic understanding of knowledge construction, much like the ways laboratory experiments are used to affirm or deny a specific theory, as if it were knowledge being objectively created and has been criticized in the digital humanities to do exactly that (Cecire 2011). If that is the case, digital humanities that are concerned with making knowledge more accessible are actually providing a very restrictive type of access, as archival work is being done first and foremost on existing works that are considered to be important by the people doing the documentation, hence greatly influencing the shape of discourse around these topics, while suggesting objectivity in this building of infrastructures. The digital realm, especially the internet, very easily marginalizes this fact, as it hides the circumstances in which work is being published, just as it obscures censorship or the deletion of data, when content is simply removed from the internet or sites are taken offline. However, this “Doing” also translates into alternative understandings of authorship and archival work, as the archive itself is no longer necessarily text-based. Instead, as designers, coders etc. contribute to the shape of the work being done as co-authors, they also change the ways in which archives are produced. The internet is a legitimate option for archival work to take place, however, questions arise about the longevity of the resources that are produced online. It has been lamented that fruitful discussions in the digital humanities take place on microblogging platforms and are therefore lost in cyberspace after some time (see Spiro 2012). Documentation is vital to realizing and understanding historical processes in their relation to todays social development, so such a loss of information is very regrettable. However, literary archives can work as gatekeepers in traditional humanities work, as they not only establish literary canons, but also define what authors receive recognition. Archives in the digital humanities have become contemporary ways of storing a discourse, instead of being a long-term source for knowledge around that discourse. This deconstructs the importance of a literary canon, but also the possibility of tracing knowledge production and the process of social development. Hence, it is necessary to come up with archives that can accommodate the new modes of publishing and knowledge production that are arising through digital humanities.

Also, it is important to remember that categories such as 'race' or 'gender' are intrinsic to narratives and histories. Tara McPherson exemplifies this point, by showing how technological organization of information in the 60s greatly responded to social struggles for racial justice and democracy in America (McPherson: 2012). These categories, just as any other social categories, are intertwined with any social development, including technological development. So their obscurity or absence reaffirms the narrative of a 'white', male and western norm. Alternative publishing projects are still mostly led by western 'white' men, even if it is collaborative work. Especially as these categories are privileged, it is important to remember ones own privilege when talking about a field that tries to be inclusive. More often than not, the subjectivity of one's knowledge around a discourse is not questioned in digital humanities, but taken for granted and alternative perspectives are neglected. The argument is therefore, that what is central in traditional humanities is being shirked in its supposed development to digital humanities. The digital humanities should therefore stop archiving just for the sake of it, but return to archival practice as a method of analyzing discourse and returning to the question of what it means to be human. It should discuss what it means to be a human not only born into a technological environment but being human as a technological being. This includes possibly stopping to distinguish digital humanities from traditional humanities work, as studying what is human will always include studying technology, which is becoming more and more digital. Only by overcoming this fraudulent separation between something being technological or digital and someone being human, can it truly fulfill the humanities cause. The way archiving is done in digital humanities is an indication that this process has not fully taken place.

continue reading: gatekeepers in digital humanities

Literature:

Cecire 2011 Cecire, Natalia: “Introduction: Theory and the Virtues of Digital Humanities”. Journal of Digital Humanities. Vol.1.1, accessed 20^th June 2013: http://journalofdigitalhumanities.org/1-1/introduction-theory-and-the-virtues-of-digital-humanities-by-natalia-cecire/#to-introduction-theory-and-the-virtues-of-digital-humanities-by-natalia-cecire-n-24

Derrida 1995 Derrida, Jacques: “Archive Fever: A Freudian Impression”, trans. Eric Prenowitz. Chicago and

London: University of Chicago Press: 4, note 1.

Eichhorn/Gwendolyn 2011 Eichhorn, Kate; Gwendolyn: “The Scholarly Feminist. Archiving with Kate Eichhorn”, accessed 20^th June 2013: http://feministing.com/2011/12/19/the-scholarly-feminist-archiving-with-kate-eichhorn/

Foucault 1969 Foucault, Michel: “The Archeology of Knowledge” translated by Allan Sheridan, New York: Harper and Row, 1972

Foucault 1980 Foucault, Michel: Language, Counter-Memory, Practice: Selected Essays and Interviews. Ithaca, NY: Cornell University Press.

Gutting 2012 Gutting, Gary, "Michel Foucault", The Stanford Encyclopedia of Philosophy (Summer 2012 Edition), Edward N. Zalta (ed.), accessed 19^th June 2013: http://plato.stanford.edu/archives/sum2012/entries/foucault/

Hackett et. Al 2008: Hackett, Edward J., Amsterdamska, Olga, Lynch, Michael and Wajcman, Judy, eds. “The handbook of science and technology studies”. 3rd ed., The MIT Press, Cambridge, USA.

Manoff 2004 Manoff, Marlene:” Theories of the Archive from Across the Disciplines.” In: Libraries and the Academy, Vol. 4, No. 1 (2004), pp. 9–25. Copyright © 2004 by The Johns Hopkins University Press, Baltimore, MD 21218. accessed 19^th June 2013: http://dspace.mit.edu/bitstream/handle/1721.1/35687/4.1manoff.pdf?sequence=1

McPherson 2012 McPherson, Tara: “Why are the Digital Humanities So White? Or Thinking the Histories of Race and Computation” Debates in the Digital Humanities. Open Access Edition. Accessed 24^th June 2013

Ramsay 2011 Ramsay, Stephen: “On Building” accessed June 20^th 2013, http://lenz.unl.edu/papers/2011/01/11/on-building.html.

Spiro 2012: Lisa Spiro “This Is Why We Fight: Defining the Values of the Digital Humanities” Debates in the Digital Humanities. Open Access Edition. Accessed 24^th June 2013. http://dhdebates.gc.cuny.edu/debates/text/13

Svensson 2009 Svensson, Patrik. “Humanities Computing as Diigital Humanities”. Digital Humanities Quarterly,3:3, accessed 19^th June 2013: http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html

For more details visit https://cis-india.org/raw/digital-humanities/archive-practice-and-digital-humanities

Big Data, People's Lives, and the Importance of Openness

nishant — 2013-07-03T04:23:11Z

Openness has become the buzzword for everything in India right now. From the new kids on the block riding the wave of Digital Humanities investing in infrastructure of open knowledge initiatives to the rhetoric of people-centered open government data projects that are architected to create 'empowered citizens', there is an inherent belief that Opening up things will make everything good.

This blog post was published in DML Central on June 24, 2013.

I am not an Open-data party pooper. In fact, I firmly believe that opening up data – through hardware, through software, through intellectual property regimes on content – and enabling access to information and data is one of the most basic needs of the information age. I also advocate for strong policies that curb corporate and government control and monopolies over data and information. Along with my colleagues at the Centre for Internet and Society, and the many networks we work with, I have thought of myself as an open data advocate and have worked towards examining openness not only at the level of content, but also openness in infrastructure and conditions of access, distribution and storage. More than ever, it is necessary to build systems of Open Data that not only have distributed, collective and ethical ownership but also ensure the fair use and integration of information in our everyday life – especially given the sinister age of relentless remembering, as lives get incessantly archived through ubiquitous and pervasive technologies of portable computing.

Having said that, there is a strange thing happening around Openness right now. Openness seems to have been separated from the fact that it is a response to things being gated and closed. Openness, as it is being deployed right now, in e-government initiatives or rapid digitization processes in university libraries, seems to suggest that Openness is merely about making things in the physical format available in the digital medium. Hence, for example, the National Mission for Education through Information and Communication Technologies, India’s largest flagship government initiative to build learning conditions of the future, is investing almost all of its budget on digitizing historical and local language material in digitally intelligible and legible records that can be easily distributed. While the effort at building the infrastructure and preserving this material is absolutely worth supporting, making it the be-all and end-all of Open data initiatives is symptomatic of what I call the ‘politics of the benign’. We need to realize that Openness is not merely about making already available content in physical formats in the digital domain. Openness is about battles with Intellectual Property Regimes, which charge an extraordinary amount of money for high-value knowledge to anybody who wants to access it. In other words, openness is not about digitizing our grandparents’ pictures; it is about claiming access to knowledge and information hidden behind paywalls and gateways that is often produced using public resources.

As you can imagine, the perpetuation of this politics of benign fits many agendas; there are numerous stakeholders and actors who seek to neuter the radical nature of demands made by the Openness movements while retaining the vocabulary of political change. And that is why, if you look at the ways in which openness debates have changed, they get immediately deflected to questions around infrastructure, access, last-mile, etc. – which are all presented to us as the infrastructure of being political and being open. In the last few years, especially with Digital Humanities emerging as the playground where politics is not allowed, I find too many instances where the Humanities and Social Sciences questions get morphed into similar sounding questions that pretend to be the same but dislocate the political content and intention from the engagement.

One of the ways this works really well is by a separation of data from the lived reality of people. Data is seen as something that is out there – something that is about the real rather than the real. It is seen as an abstraction, which, when it further enters the circuits of pretty visualizations and graphic representations, becomes so entrenched in questions of reading and coding that it often becomes a surrogate for the larger realities that it is supposed to intervene in. So, for example, in India, the concerns around agriculture infrastructure and conditions of the farmers have easily been replaced by agriculture informatics – leading to a strange paradox where the states with the highest community informatics infrastructure also have the highest incidences of farmer suicides. I am not suggesting there is a cause-and-effect relationship here. However, it is a telling story that the community informatics infrastructure which was supposed to change the bleak realities of agriculture and farming in India has definitely not changed the nature of the reality it set out to solve.

Or in a similar vein, the ways in which the landscape of education is changing in the country, because of the emergence of the digital as the new organizing principle and in some instances, the raison de etre for building education infrastructure also needs to be examined. So, for instance, India has seen a rapid improvement of the Gross Enrollment Ratio in education that measures the annual intake and successful completion of education programs by students in the country. The GER shows that with remote education processes, the attempts at building distributed learning environments and the building of digital infrastructure has led to more students in different parts of the country getting enrolled in formal education systems. There is a celebration that more children are entering schools and colleges and are also in a state of socio-economic mobility. There is a clear causal relationship established in producing digital infrastructure and greater access to education and learning resources for an emerging information society like India.

However, this particular mode of looking at education, through the lens of access and inclusion, is no longer able to reflect on the core concerns that education institutions in the country were historically supposed to address. If the primary function of education was to address the questions of inequity, uneven modernity, disparate wealth distribution, and widespread socio-cultural conservatism, these are no longer questions that are featured in the Data-Technology driven education programs. These problems, which have been at the center of education debates in the country – leading to widespread affirmative action and violent resistance to it – have now been reformulated around quantifiable parameters of intake, credits, employability, affordability, accessibility, merit, etc. So there is silence about the nature of the students who enter education. There is an implicit push for the disinvestment of the state from education resources in favor of privatization. We remain enamored by the numbers joining the system, without worrying about the categories of discrimination – caste, gender, sexuality, language, location – that have affected the quality, intention and function of education. These issues have become moot points, to be replaced by visualizations and data sets that remain opaque in looking at the negotiations of identity politics and the need to embed education processes in lived realities of the students who enter formal education.

These problems are not new. And the intention of this articulation is not to deny the power of digital technologies or the opportunities they produce. Instead, it is a call to say that we need to stop thinking of data – an abstraction, an artifact, a manual product – as a natural state of being. We need to remind ourselves that engagement with data is not a sterile engagement, rendered beautiful through visualizations and infographics that can make reality intelligible. It is perhaps time to realize that Data has replaced People as the central concern of being human, social and political. Time to start re-introducing People back into debates around Data, and acknowledging that Data Informatics is People Informatics and data wars have a direct effect on the ways in which people live. And Die.

Banner image credit: sugree http://www.flickr.com/photos/73462957

For more details visit https://cis-india.org/openness/blog-old/dml-central-june-24-2013-nishant-shah-big-data-peoples-lives-and-importance-of-openness

Annual Report (2012-13)

praskrishna — 2014-10-22T00:04:39Z

For more details visit https://cis-india.org/internet-governance/blog/annual-report-2012-13.pdf

My First Wikipedia Training Workshop – Theatre Outreach Unit, University of Hyderabad

vishnu — 2013-08-19T06:51:16Z

On March 8, 2013, a day-long Telugu Wikipedia training workshop was organized by the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team at the Golden Threshold, Nampally, Hyderabad in collaboration with Theatre Outreach Unit, University of Hyderabad. This blog post gives a concise account of the event.

CIS-A2K had planned a day long Telugu Wikipedia training workshop in collaboration with Telugu Wikipedians at the English and Foreign Languages University (EFLU), Hyderabad on March 8, 2013. The intention was to target research students at EFLU who are using Telugu material or working on topics related to Telugu and Andhra Pradesh. This event was also to be part of the Wiki Women’s month events across India. However, this event had to be cancelled in the last minute as a Research Student of EFLU committed suicide on the campus and there was major unrest. The faculty from EFLU though had informed of the possible cancellation of the event earlier, had only confirmed it on March 7, 2013. Rahmanuddin Shaik (Telugu SIG, Wikimedia India Chapter) and Dr. Rajasekhar (Telugu Wikipedia Administrator) had already blocked an entire day for this training workshop. In fact a lot of background work was already done for the EFLU event.

When I got the news of cancellation of the workshop, initially I was very dejected at the thought of informing the two active Telugu Wikipedians about it, which I had to do. As my tickets were anyhow booked to Hyderabad and there was no point cancelling them, as I was already on my way to catch the flight, I decided to go ahead with my journey. I made some couple of quick calls and with some effort managed to organize a Wikipedia Training Workshop in collaboration with the Theatre Outreach Unit (TOU), University of Hyderabad (UoH). I was anyhow planning on visiting them to explore an institutional collaboration. The Project Director of TOU Dr. Peddi Ramarao, though agreed to spread the word about the workshop, yet was not sure how many would turn up at such a short notice of one night.

	Rahmanuddin and Dr. Rajasekhar giving hands-on training to edit Telugu Wikipedia at Golden Threshold, Hyderabad

So on March 8, 2013 Rahmanuddin, Dr. Rajasekhar and I landed at the Golden Threshold hoping against hope to see at least 3 or 4 participants. But alas there were only 2 people when we reached the venue by 10 a.m.. By 10.25 a.m. we had 9 participants, which excited us all. The training workshop began with an introduction of all the participants. Following this a presentation was made on the significance of Wikipedia in the digital era and how Indian language-Wikipedias are pivotal in preserving the vernacular language and culture. This session was interactive with participants asking many questions. Dr. Peddi Ramarao, later, spoke about his experience of using Wikipedia as a reference tool and how he got introduced to contributing Wikipedia. Further, the discussion went on to the poor quality of articles on Telugu Wikipedia and how the participants can take part in improving the existing articles and contribute new articles. Rahmanuddin and Rajasekhar practically demonstrated the process of editing on Telugu Wikipedia. This was followed by a hands-on session where the participants actively participated in creating their Wikipedia User name on Telugu Wikipedia and did editing of few articles. The training programme was to officially end at Lunch time but even post lunch some of the participants were enthusiastic about learning more nuances of contributing on Telugu Wikipedia. The hands-on session thus continued until 4 p.m.

Post the Wikipedia training programme, I have had interactions with the Project Director of TOU to explore possible future collaborations. TOU, UoH agreed to offer space to host all Telugu Wikipedia meet-ups. As the Golden Threshold space was in the central part of the city, having this infrastructure accessible was a major boost for the Telugu Wikipedia community in Hyderabad. Further, in the discussions we have agreed to collaborate with TOU, UoH in hosting the first mega Telugu Wikipedia community event Telugu Wiki Mahotsavam 2013.


Telugu Wikipedia Orientation in progress

Outcomes and Impact:

Out of the 9 new Users, who were trained during this workshop, 5 people have done more than 5 edits.
One person has become a very active editor on Telugu Wikipedia with more than 1000 edits in 3 months. A detailed account of this event was put up by this user on Telugu Wikipedia here [*]
Because of CIS-A2K’s efforts, Telugu Wikipedians in Hyderabad now have a good meeting space.
The availability of this space has also encouraged the Telugu Wikipedians to meet more often than before. Since March 8, 2013 Telugu Wikipedians had a total of 6 meet-ups, and all these were held at Golden Threshold.
Golden Threshold also became a venue for hosting Telugu Wiki Mahotsavam 2013.
This visit to Hyderabad triggered a discussion about organizing Telugu Wiki Mahotsavam, which was successfully organized in a month’s time.

Looking back, though this event was done as a last minute measure without many expectations, yet it turned out to be a lucky break! Especially, because this was my first ever event as the CIS-A2K Programme Director. It will remain a very memorable one. More so because it was done in collaboration with two of the active Telugu Wikipedians. Even more so because it has created some positive energy for the Telugu Wikipedia community, which has since then become a home turf.

[*]. http://bit.ly/17WYq7X

For more details visit https://cis-india.org/openness/blog-old/my-first-wikipedia-training-workshop

Indian surveillance laws & practices far worse than US

pranesh — 2013-07-12T11:09:39Z

Explosive would be just the word to describe the revelations by National Security Agency (NSA) whistleblower Edward Snowden.

Pranesh Prakash's column was published in the Economic Times on June 13, 2013. This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC.

Now, with the American Civil Liberties Union suing the Obama administration over the NSA surveillance programme, more fireworks could be in store. Snowden's expose provides proof of what many working in the field of privacy have long known. The leaks show the NSA (through the FBI) has got a secret court order requiring telecom provider Verizon to hand over "metadata", i.e., non-content data like phone numbers and call durations, relating to millions of US customers (known as dragnet or mass surveillance); that the NSA has a tool called Prism through which it queries at least nine American companies (including Google and Facebook); and that it also has a tool called Boundless Informant (a screenshot of which revealed that, in February 2013, the NSA collected 12.61 billion pieces of metadata from India).

Nothing Quite Private

The outrage in the US has to do with the fact that much of the data the NSA has been granted access to by the court relates to communications between US citizens, something the NSA is not authorised to gain access to. What should be of concern to Indians is that the US government refuses to acknowledge non-Americans as people who also have a fundamental right to privacy, if not under US law, then at least under international laws like the Universal Declaration of Human Rights and the ICCPR.

US companies such as Facebook and Google have had a deleterious effect on privacy. In 2004, there was a public outcry when Gmail announced it was using an algorithm to read through your emails to serve you advertisements. Facebook and Google collect massive amounts of data about you and websites you visit, and by doing so, they make themselves targets for governments wishing to snoop on you, legally or not.

Worse, Indian-Style

That said, Google and Twitter have at least challenged a few of the secretive National Security Letters requiring them to hand over data to the FBI, and have won. Yahoo India has challenged the authority of the Controller of Certifying Authorities, a technical functionary under the IT Act, to ask for user data, and the case is still going on.

To the best of my knowledge, no Indian web company has ever challenged the government in court over a privacy-related matter. Actually, Indian law is far worse than American law on these matters. In the US, the NSA needed a court order to get the Verizon data. In India, the licences under which telecom companies operate require them to provide this. No need for messy court processes.

The law we currently have â€” sections 69 and 69B of the Information Technology Act â€” is far worse than the surveillance law the British imposed on us. Even that lax law has not been followed by our intelligence agencies.

Keeping it Safe

Recent reports reveal India's secretive National Technical Research Organisation (NTRO) â€” created under an executive order and not accountable to Parliament â€” often goes beyond its mandate and, in 2006-07, tried to crack into Google and Skype servers, but failed. It succeeded in cracking Rediffmail and Sify servers, and more recently was accused by the Department of Electronics and IT in a report on unauthorised access to government officials' mails.

While the government argues systems like the Telephone Call Interception System (TCIS), the Central Monitoring System (CMS) and the National Intelligence Grid (Natgrid) will introduce restrictions on misuse of surveillance data, it is a flawed claim. Mass surveillance only increases the size of the haystack, which doesn't help in finding the needle. Targeted surveillance, when necessary and proportional, is required. And no such systems should be introduced without public debate and a legal regime in place for public and parliamentary accountability.

The government should also encourage the usage of end-to-end encryption, ensuring Indian citizens' data remains safe even if stored on foreign servers. Merely requiring those servers to be located in India will not help, since that information is still accessible to American agencies if it is not encrypted. Also, the currently lax Indian laws will also apply, degrading users' privacy even more.

Indians need to be aware they have virtually no privacy when communicating online unless they take proactive measures. Free or open-source software and technologies like Open-PGP can make emails secure, Off-The-Record can secure instant messages, TextSecure for SMSes, and Tor can anonymise internet traffic.

http://cis-india.org/internet-governance/blog/economic-times-june-13-2013-pranesh-prakash-indian-surveillance-laws-and-practices-far-worse-than-us

For more details visit https://cis-india.org/internet-governance/blog/economic-times-june-13-2013-pranesh-prakash-indian-surveillance-laws-and-practices-far-worse-than-us

India Subject to NSA Dragnet Surveillance! No Longer a Hypothesis — It is Now Officially Confirmed

maria — 2013-11-06T10:20:46Z

As of last week, it is officially confirmed that the metadata of everyone´s communications is under the NSA´s microscope. In fact, the leaked data shows that India is one of the countries which is under NSA surveillance the most!

This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC. This blog was cross-posted in Medianama on 24th June 2013.

¨Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”, the democratic senator, Ron Wyden, asked James Clapper, the director of national intelligence a few months ago. “No sir”, replied Clapper.

True, the National Security Agency (NSA) does not collect data on millions of Americans. Instead, it collects data on billions of Americans, Indians, Egyptians, Iranians, Pakistanis and others all around the world.

Leaked NSA surveillance

Verizon Court Order

Recently, the Guardian released a top secret order of the secret Foreign Intelligence Surveillance Court (FISA) requiring Verizon on an “ongoing, daily basis” to hand over information to the NSA on all telephone calls in its systems, both within the US and between the US and other countries. Verizon is one of America's largest telecoms providers and under a top secret court order issued on 25 April 2013, the communications records of millions of US citizens are being collected indiscriminately and in bulk supposedly until 19 July 2013. In other words, data collection has nothing to do with whether an individual has been involved in a criminal or terrorist activity or not. Literally everyone is potentially subject to the same type of surveillance.

USA Today reported in 2006 that the NSA had been secretly collecting the phone call records of millions of Americans from various telecom providers. However, the April 25 top secret order is proof that the Obama administration is continuing the data mining programme begun by the Bush administration in the aftermath of the 09/11 terrorist attacks. While content data may not be collected, this dragnet surveillance includes metadata such as the numbers of both parties on a call, location data, call duration, unique identifiers, the International Mobile Subscriber Identity (IMSI) number and the time and duration of all calls.

Content data may not be collected, but metadata can also be adequate to discover an individual's network of associations and communications patterns. Privacy and human rights concerns rise from the fact that the collection of metadata can result in a highly invasive form of surveillance of citizens´ communications and lives. Metadata records can enable the US government to know the identity of every person with whom an individual communicates electronically, as well as the time, duration and location of the communication. In other words, metadata is aggregate data and it is enough to spy on citizens and to potentially violate their right to privacy and other human rights.

PRISM

Recently, a secret NSA surveillance programme, code-named PRISM, was leaked by The Washington Post. Apparently, not only is the NSA gaining access to the meta data of all phone calls through the Verizon court order, but it is also tapping directly into the servers of nine leading Internet companies: Microsoft, Skype, Google, Facebook, YouTube, Yahoo, PalTalk, AOL and Apple. However, following these allegations, Google, Microsoft and Facebook recently asked the U.S. government to allow them to disclose the security requests they receive for handing over user data. It remains unclear to what extent the U.S. government is tapping into these servers.

Yet it appears that the PRISM online surveillance programme enables the NSA to extract personal material, such as audio and video chats, photographs, emails and documents. The Guardian reported that PRISM appears to allow GCHQ, Britain's equivalent of the NSA, to secretly gather intelligence from the same internet companies. Following allegations that GCHQ tried to circumvent UK law by using the PRISM computer network in the US, the British foreign secretary, William Hague, stated that it is “fanciful nonsense” to suggest that GCHQ would work with an agency in another country to circumvent the law. Most notably, William Hague emphasized that reports that GCHQ are gathering intelligence from photos and online sites should not concern people who have nothing to hide! However, this implies that everyone is guilty until proven innocent...when actually, democracy mandates the opposite.

James R. Clapper, the US Director of National Intelligence, stated:

“Information collected under this program is among the most important and valuable foreign intelligence information we collect, and is used to protect our nation from a wide variety of threats. The unauthorized disclosure of information about this important and entirely legal program is reprehensible and risks important protections for the security of Americans.”

So essentially, Clapper stated that in the name of US national security, the personal data of billions of citizens around the world is being collected. By having access to data stored in the servers of some of the biggest Internet companies in the world, the NSA ultimately has access to the private data of almost all the Internet users in the world.

Boundless Informant

And once the NSA has access to tons of data through the Verizon court order and the PRISM surveillance programme, how does it create patterns of intelligence and generally mine huge volumes of data?

The Guardian released top secret documents about the NSA data mining tool, called Boundless Informant; this tool is used to detail and map by country the volumes of information collected from telephone and computer networks. The focus of the Boundless Informant is to count and categorise the records of communication, known as metadata, and to record and analyse where its intelligence comes from. One of the leaked documents states that the tool is designed to give NSA officials answers to questions like: “What type of coverage do we have on country X”. According to the Boundless Informant documents, the NSA has been collecting 3 billion pieces of intelligence from US computer networks over a 30-day period ending in March 2013. During the same month, 97 billion pieces of intelligence from computer networks were collected worldwide.

The following “global heat map” reveals how much data is being collected by the NSA from around the world:

The colour scheme of the above map ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance). India is notably orange and is thus subject to some of the highest levels of surveillance by the NSA in the world.

During a mere 30-day period, the largest amount of intelligence was gathered from Iran with more than 14 billion reports, while Pakistan, Jordan and Egypt were next in line in terms of intelligence gathering. Unfortunately, India ranks 5th worldwide in terms of intelligence gathering by the NSA. According to the map above, 6.3 billion pieces of intelligence were collected from India by the NSA from February to March 2013. In other words, India is currently one of the top countries worldwide which is under the US microscope, with 15% of all information being tapped by the NSA coming from India during February-March 2013.

Edward Snowden is the 29-year-old man behind the NSA leaks...who is responsible for one of the most important leaks in US (and one may argue, global) history.

So what does this all mean for India?

In his keynote speech at the 29th Chaos Communications Congress, Jacob Appelbaum stated that surveillance should be an issue which concerns “everyone´s department”, especially in light of the NSA spying on citizens all over the world. True, the U.S. appears to have a history in spying on civilians, and the Corona, Argon, and Lanyard satellites used by the U.S. for photographic surveillance from the late 1950s is proof of that. But how does all this affect India?

By tapping into the servers of some of the biggest Internet companies in the world, such as Google, Facebook and Microsoft, the NSA does not only gain access to the data of American users, but also to that of Indian users. In fact, the “global heat map” of the controversial Boundless Informant data mining tool clearly shows that India ranked 5th worldwide in terms of intelligence gathering, which means that not only is the NSA spying on Indians, but that it is also spying on India more than most countries in the world. Why is that a problem?

India has no privacy law. India lacks privacy legislation which could safeguard citizens from potential abuse by different types of surveillance. But the worst part is that, even if India did have privacy laws, that would still not prevent the NSA from tapping into Indians´ data through the servers of Internet companies, such as Google. Moreover, the fact that India lacks a Privacy Commissioner means that the country lacks an expert authority who could address data breaches.

Recent reports that the NSA is tapping into these servers ultimately means that the U.S. government has access to the data of Indian internet users. However, it remains unclear how the U.S. government is handling Indian data, which other third parties may have access to it, how long it is being retained for, whether it is being shared with other third parties or to what extent U.S. intelligence agencies can predict the behaviour of Indian internet users through pattern matching and data mining.

Many questions remain vague, but one thing is clear: through the NSA´s total surveillance programme, the U.S. government can potentially control the data of billions of internet users around the world, and with this control arises the possibility of oppression. It´s not just about the U.S. government having access to Indians´ data, because access can lead to control and according to security expert, Bruce Schneier:

“Our data reflects our lives...and those who control our data, control our lives”.

How are Indians supposed to control their data, and thus their lives, when it is being stored in foreign servers and the U.S. has the “right” to tap into that data? The NSA leaks mark a significant point in our history, not only because they are resulting in corporations seeking data request transparency, but also because they are unveiling a major global issue: surveillance is a fact and can no longer can be denied. The massive, indiscriminate collection of Indians´ data, without their prior knowledge or consent, and without the provision of guarantees in regards to how such data is being handled, poses major threats to their right to privacy and other human rights. The potential for abuse is real, especially since the larger the database, the larger the probability for error. Mining more data does not necessarily increase security; on the contrary, it increases the potential for abuse, especially since technology is not infallible and data trails are not always accurate.

What does this mean? Well, probably the best case scenario is that an individual is targeted. The worst case scenario is that an individual is imprisoned (or maybe even murdered - remember the drones?) because his or her data “says” that he or she is guilty. Is that the type of world we want to live in?

What can we do now?

Let´s start from the basics. India needs privacy legislation. India needs privacy legislation now. India needs privacy legislation now, more than ever.

Privacy legislation would regulate the collection, access to, sharing of, retention and disclosure of all personal data within India. Such legislation could also regulate surveillance and the interception of communications, in compliance with the right to privacy and other human rights. A Privacy Commissioner would also be established through privacy legislation, and this expert authority would be responsible for overseeing the enforcement of the Privacy Act and addressing data breaches. But clearly, privacy legislation is not enough. The various privacy laws of European countries have not prevented the NSA from tapping into the servers of some of the biggest Internet companies in the world and from gaining access to the data of millions of citizens around the world. Yet, privacy legislation in India should be a basic prerequisite to ensure that data is not breached within India and by those who may potentially gain access to Indian national databases.

As a next- but immediate- step, the Indian government should demand answers from the NSA to the following questions:

What type of data is collected from India and which parties have access to it?
How long is such data retained for? Can the retention period be renewed and if so, for how long?
Is data collected on Indian internet users shared with third parties? If so, which third parties can gain access to this data and under what conditions? Is a judicial warrant required?

In addition to the above questions, the Indian government should also request all other information relating to Indians´ data collected through the PRISM programme, as well as proceed with a dialogue on the matter. Governments are obliged to protect their citizens from the abuse of their human rights, especially in cases when such abuse may occur from foreign agencies. Thus, the Indian government should ensure that the future secret collection of Indians´ data is prevented and that Internet companies are transparent and accountable in regards to who has access to their servers.

On an individual level, Indians can protect their data by using encryption, such as GPG encryption for their emails and OTR encryption for instant messaging. Tor is free software and an open network which enables online anonymity by bouncing communications around a distributed network of relays run by volunteers all around the world. Tor is originally short for “The Onion Router” and “onion routing” refers to the layers of encryption used. In particular, data is encrypted and re-encrypted multiple times and is sent to randomly selected Tor relays. Each relay decrypts a “layer” of encryption to reveal it only to the next relay in the circuit and the final relay decrypts the last “layer” of encryption. Essentially, Tor reduces the possibility of original data being understood in transit and conceals the routing of it.

To avoid surveillance, the use of HTTPS-Everywhere in the Tor Browser is recommended, as well as the use of combinations of additional software, such as TorBirdy and Enigmail, OTR and Diaspora. Tor hidden services are communication endpoints that are resistant to both metadata analysis and surveillance, which is why they are highly recommended in light of the NSA´s surveillance. An XMPP client that ships with an XMPP server and a Tor hidden service is a good example of how to avoid surveillance.

Protecting our data is more important now than ever. Why? Because global, indiscriminate, mass data collection is no longer a hypothesis: it´s a fact. And why is it vital to protect our data? Because if we don´t, we are ultimately sleepwalking into our control and oppression where basic human rights, such as freedom, would be a myth of the past.

The principles formulated by the Electronic Frontier Foundation and Privacy International on communication surveillance should be taken into consideration by governments and law enforcement agencies around the world. In short, these principles are:

Legality: Limitations to the right to privacy must be prescribed by law
Legitimate purpose: Access to communications or communications metadata should be restricted to authorised public authorities for investigative purposes and in pursuit of a legitimate purpose
Necessity: Access to communications or communications metadata by authorised public authorities should be restricted to strictly and demonstrably necessary cases
Adequacy: Public authorities should be restricted from adopting or implementing measures that allow access to communications or communications metadata that is not appropriate for fulfillment of the legitimate purpose
Competent authority: Authorities must be competent when making determinations relating to communications or communications metadata
Proportionality: Public authorities should only order the preservation and access to specifically identified, targeted communications or communications metadata on a case-by-case basis, under a specified legal basis
Due process: Governments must respect and guarantee an individual's human rights, that may interference with such rights must be authorised in law, and that the lawful procedure that governs how the government can interfere with those rights is properly enumerated and available to the public
User notification: Service providers should notify a user that a public authority has requested his or her communications or communications metadata with enough time and information about the request so that a user may challenge the request
Transparency about use of government surveillance: The access capabilities of public authorities and the process for access should be prescribed by law and should be transparent to the public
Oversight: An independent oversight mechanism should be established to ensure transparency of lawful access requests
Integrity of communications and systems: Service providers are responsible for the secure transmission and retention of communications data or communications metadata
Safeguards for international cooperation: Mutual legal assistance processes between countries and how they are used should be clearly documented and open to the public
Safeguards against illegitimate access: Governments should ensure that authorities and organisations who initiate, or are complicit in, unnecessary, disproportionate or extra-legal interception or access are subject to sufficient and significant dissuasive penalties, including protection and rewards for whistleblowers, and that individuals affected by such activities are able to access avenues for redress
Cost of surveillance: The financial cost of providing access to user data should be borne by the public authority undertaking the investigation

Applying these above principles is a prerequisite, but may not be enough. Now is the time to resist unlawful and non-transparent surveillance. Now is the time for everyone to fight for their right to be free.

Is a world without freedom worth living in?

For more details visit https://cis-india.org/internet-governance/blog/india-subject-to-nsa-dragnet-surveillance

A suggested set of values for the digital humanities

sara — 2013-07-03T09:41:19Z

In a prior blog entry the CIS has started mapping out the field of digital humanities. Subsequent to these first thoughts follows a review in several parts of an alternative publishing project edited by Matthew K. Gold of New Yorks Technology College. It is presented online as a hybrid print/digital publication stream, enabling viewers and readers to comment and highlight sections as they please. In the introductory passage, Matthew Gold addresses questions burning at the back of the research communities mind: Does digital humanities even need theory? Does it have politics?Is it more accessible than other scholarly fields? Does new media usage trivialize the professionalism of DH research?

In an attempt to answer these questions, which have mostly been discussed on microblogging platforms, making them nearly impossible to follow up on (Spiro: 2012), Lisa Spiro has drafted a first set of values, which could be of use for further discussion. She clearly states that her proposition is supposed to be exactly that, a work in progress, open to changes. At the same time it marks a necessary starting point for organizing arguments and conversations happening around the digital. Spiro suggests a values statement, which is broader than an ethical guideline, so that institutions and researching people can set their own emphasis according to what is important to them. With this, Spiro articulates what for her, and many others in the field, presents itself as one of the important set of values when working with digital humanities: openness, transparency and collaboration, putting aside classical values of academia, like professionalism and scholarly authority through specialization. These traditional values clash with the collaborative crowdsourced approach of the digital humanities field. With Tom Scheinfeldt, Spiro argues, the digital humanities community operates much like a “social network,” nimble and connected: “Digital humanities takes more than tools from the Internet. It works like the Internet. It takes its values from the Internet” (Scheinfeldt 2010). So while in many ways the internet and its hyperlinked, visual approach justify the way digital humanities work, there is little or no way of assuring the professionalism of digital humanities research. Spiro notes the difficulties that might arise in dropping those classical values of academia, as a lot of academic institutions object to the motives of open publishing and also find it difficult to assign credit to individuals when projects are collaborative. In this sense, the field of digital humanities is influencing the very way in which academia works, wiling it, to rearrange itself.

Just like the field itself is a hybrid, its value statement should consider the values of the disciplines it has evolved from. Spiro's value statement suggests a convergence of values including those of humanities, libraries, museums and cultural heritage organizations, as well as networked culture. At the core, all of these fields aspire to spread advanced knowledge, foster innovation and serve the public. Digital humanities therefore should have a claim to those values, while at the same time rejecting essentialism, as “values reveal the ideologies and interests of those who hold them” (Spiro: 2012). Spiro suggests openness, collaboration, diversity and experimentation as the core values, when working in the digital humanities. Openness and collaboration go hand in hand, just as digital humanities go hand in hand with internet methodology. Experimentation makes space for open methodology and leaves room for trial and error. Combined with openness and collaboration, this creates valuable learning opportunities for the whole field of digital humanities. By holding on to a value of diversity, Spiro means to make a note of the fact that, contrary to popular belief, equality has not yet been achieved in many social fields and one should remember that although ones own reality might seem to include everyone equally, others might have different stories to tell.

Remembering that no position has a claim to be objective, digital humanities can certainly go forth to become a inclusive way of spreading knowledge to those, who have up until now been kept from it by diverse gatekeepers. At the same time, “situated knowledge”, as Donna Haraway called the concept of remembering your own ideologies and speaking position (Haraway: 1988), a dialog can take place more easily, without having to claim ones own experiences to be able to speak for all.

Still, one should not assume that the field of digital humanities is a candy-coloured wonderland of anything goes. These values all are criticized in some field or other, which reminds us that the digital humanities have far to go. Creating knowledge in open space does not mean that it is equally accessible to all. So basic community and access work must go hand in hand with steady open source research collaborations.

In summary, Spiro's opening commentary on values in digital humanities will and has surely already been helpful as a reminder, and maybe this is as defined as one should get when it comes to a set of values that is supposed to be applicable to such a large and diverse field. However, all work in digital humanities often faces the problem of justifying their work, once professionalism and expertise is no longer regarded as a proof of worth. So, getting back to the questions at the beginning of this article, yes, digital humanities has politics, just as every research has politics. And it is one of its values and challenges, to make these transparent without failing to prove a point and add to the creation of knowledge, online and off.

continue reading on the topic: archivial practice in digital humanities

Literature:

Gold 2012 Mathew K. Gold “The Digital Humanities Moment” Debates in the Digital Humanities. Open Access Edition. Accessed 13 June 2013. http://dhdebates.gc.cuny.edu/debates

Haraway 1988: Donna Haraway “Situated Knowledges: The Science Question in Feminism and the Privilege of

Partial Perspective.” Feminist Studies, Vol. 14, No. 3. (Autumn, 1988), pp. 575-599- Accessed 13 June 2013 http://www.staff.amu.edu.pl/~ewa/Haraway,%20Situated%20Knowledges.pdf

Scheinfeldt 2010: Tom Scheinfeldt “Stuff Digital Humanists Like”. Accessed 13 June 2013. http://www.foundhistory.org/2010/12/02/stuff-digital-humanists-like/

Spiro 2012: Lisa Spiro “This Is Why We Fight: Defining the Values of the Digital Humanities” Debates in the Digital Humanities. Open Access Edition. Accessed 13 June 2013. http://dhdebates.gc.cuny.edu/debates/text/13

For more details visit https://cis-india.org/raw/a-suggested-set-of-values-for-the-digital-humanities

Mapping the field of digital humanities

sara — 2013-07-03T09:40:01Z

This blog is the first in a series of blog entries evolving around digital humanities. As the research proceeds, arising questions will be addressed and attempted to map out, so that we are left with an annotated bibliography of the field which will help create parameters on how to approach research in that sector. In this first episode of the blog series, the introductory volume simply called Digital_Humanities (Anne Burdick, Johanna Drucker, Peter Lunenfeld, Todd Presner, Jeffrey Schnapp) will be combined with Patrik Svensson's Landscape of Digital Humanities, so as to assert what it is, we're dealing with, when talking about digital humanities.

Entering into the field of digital humanities, it quickly becomes clear that pinpointing an exact definition will be a difficult thing to do. Evolving from the traditional field of humanities, it still does not seem to be compliant to the same standards or discuss the same issues. The attempt to map out the field, hence, is just a collection of definitions which have no pretence of being overarching but do include some of the more cited authors, who have attempted to define the terms of research that digital humanities are based upon.

The recently published volume Digital_Humanities (Burdick et. al.: 2012), which is available freely online in an open-access edition^¹, provides a very well structured overview of the shift from humanities to digital humanities. The book states that, contrary to popular belief, humanities is not so much a field in crisis, but rather a field which is evolving to become more inclusive and thus relevant to everyday life. Within humanities research there has been a “fundamental shift in the perception of the core creative activities of being human, in which the values and knowledge of the humanities are seen as crucial for shaping every domain of culture and society” (Burdick et. Al: 2012) The book argues that with the digitalization of human life, the humanities have taken a turn away from mere text-based information and included media which allow for more collaborative and generative work in which the visual is fundamental.

While this book has interesting case studies and addresses questions of authorship, collaboration and alternative publishing, it serves well as an introduction into the field, but does not give a satisfactory overview of authors working on these topics.

So possibly more worthwhile from a theoretical perspective as opposed to the practical approach Burdick et. al. take, is Patrik Svenssons essay on The Landscape of Digital Humanities. This essay was published in 2010, prior to the Digital_Humanities volume, which might explain Svenssons need to elaborate on the new ways in which digital humanities are perceived. Svensson argues that digital humanities are a field in a loose sense, and inclusive in a sense that the field covers different activities in the intersection between humanities and digital technologies.

In an attempt to map out the sectors of the field, Svensson mentions Tara McPherson's (2009) differentiation between computing humanities (which mainly use digital tools, infrastructure and archives), blogging humanities (focussing on networked media and peer-to-peer reviews and learning) and multimodal humanities (which use scholarly tools, databases and networked writing all combined in visual and aural media). Davidson (2008) offers another aspect of differentiation, distinguishing between humanities 1.0 and 2.0 in accordance to the development of the internet itself as the central medium of digitalization. “Humanities 2.0 is distinguished from monumental, first-generation, data-based projects not just by its interactivity but also by openness about participation grounded in a different set of theoretical premises, which decenter knowledge and authority" (Davidson 2008, 711–12). What can be derived from both of these approaches is a shift towards interactivity, non-arboric knowledge growth and multimedial presentation.

This very vague categorization provides the problem of different research projects or institutions dealing with different aspects of digital humanities might have to compete for funds, as they are perceived to cover one field while actually working on very diverse topics. Svensson (2009a) argues that humanities computing provides the core, while digital humanities includes the various disciplines. This binary shows up the problems of telling the history of humanities computing as digital humanities. So the connection between the disciplines and the core is somewhat difficult because of the epistemic investment humanities computing has in technology as a tool and method, which defines it as a field. Digital humanities are not always institutionalized, and institutionalized fields like games studies etc. do not necessarily see themselves as part of digital humanities. This results from traditional ways of seeing academics, which has difficulties grasping the emergence of alternative ways of the digital. Digital humanities however, become a place for change and action, as Svensson argues with Davidson (2009). So digital humanities can be seen as 1. a developing field which lets humanities embrace the digital and create new tools to analyze it in an emergent nature or 2. a set of tools which implement technologies to make new knowledge from cultural inheritance (which is far more static, also according to Svensson).

However, research areas such as cyberculture studies and critical digital studies (digital culture and the cultural construction of information technology as a study object) are excluded from digital humanities studies, which often centralize around libraries, as they evolve around alternative ways of teaching and spreading knowledge.

Digital humanities according to Svensson has five fruitful parameters of engagement, which can be analyzed: information technology as a tool, as a study object, as an expressive medium, as an experimental laboratory and an activist venue. So there are general ways of categorizing the field, although, as this article suggests, it could be difficult to include all research aspects by mapping the field too closely.

continue reading on the topic: values in digital humanities

Literature:

Burdick et. Al 2012 Anne Burdick, Johanna Drucker, Peter Lunenfeld, Todd Presner, Jeffrey Schnapp “Digital_Humanities”. MIT Press 2010. accessed 1 June 2013. http://mitpress.mit.edu/sites/default/files/titles/content/9780262018470_Open_Access_Edition.pdf

Davidson 2008 Davidson, Cathy N. "Humanities 2.0: Promise, Perils, Predictions". Publications of the Modern Language Association of America (PMLA) 123:3 (2008), 707-717.

Davidson 2009 Davidson, Cathy N. "Innovation AND Tradition". HASTAC Discussion Forum on the Future of the Digital Humanities, 03 February 2009. Accessed 1 June 2013. http://www.hastac.org/forums/hastac-scholars-discussions/future-digital-humanities.

McPherson 2008 McPherson, Tara. "Dynamic Vernaculars: Emerent Digital Forms in Contemporary Scholarship". Lecture presented to HUMLab Seminar, Umeå University, 4 March 2008. http://stream.humlab.umu.se/index.php?streamName=dynamicVernaculars.

Svensson 2009 Svensson, Patrik. "Humanities computing as digital humanities". Digital Humanities Quarterly, 3:3 (2009).

Svensson 2010 Svensson, Patrik. “The Landscape of Digital Humanities”. Digital Humanities Quarterly,4:1 http://digitalhumanities.org/dhq/vol/4/1/000080/000080.html

1http://mitpress.mit.edu/sites/default/files/titles/content/9780262018470_Open_Access_Edition.pdf

For more details visit https://cis-india.org/raw/digital-humanities/mapping-the-field-of-digital-humanities