Centre for Internet and Society

National Telecom Policy, 2012

snehashish — 2013-03-15T06:00:26Z

The National Telecom Policy, 2012 was approved by the Union Cabinet on May 31, 2012.

The vision of the policy is, “to provide secure, reliable, affordable and high quality converged telecommunication services anytime, anywhere for an accelerated inclusive socio-economic development”. The policy also aims at recognizing telecom as infrastructure in order to realize the potential of ICT for development.

The main components of the policy are:

Broadband Rural Telephony and Universal Service Obligation Fund
R&D, Manufacturing and Standardization of Telecommunication Equipment
Licensing, Convergence and Value Added Services
Spectrum Management
Quality of Service and Protection of Consumer Interest
Security

Vision of the National Telecom Policy, 2012

The vision of the Policy is, “to provide secure, reliable, affordable and high quality converged telecommunication services anytime, anywhere for an accelerated inclusive socio-economic development”. The vision is to transform the country into an empowered and inclusive knowledge based society through telecommunication as the platform. Information and access to information is a major part of any development scheme, better communication systems can help in increasing awareness and knowledge about various issues in the society.

Background

The growth of telecommunication in rural areas has been slow, with only 34 per cent of the total connections. There is an urgent need to bridge this digital divide and communication gap by providing better and advanced telecommunication services in the rural and remote areas. The current National Telecom Policy, 2012 also aims at an investor friendly policy. It also seeks to generate employment in various telecom sectors through this policy. One of the salient features of the policy is to make available broadband on demand and use of telecom infrastructure which in turn would enable businesses in urban as well as rural areas to engage in the web-economy and e-commerce for inclusive development.

Mobile Devices as an Instrument of Social Empowerment (e-Governance, m-Governance)

The Policy endeavours at making mobile devices as tools for social empowerment. This will be achieved through enabling participation of citizens in e-governance and m-governance projects in key sectors such as health, education, skill development, employment, governance and banking on mobile devices. Cloud-computing will be also used to enable social networking and participative e-governance. One Nation-Full Mobile Number Portability to be implemented and work towards One Nation Free Roaming.

Mobile devices are not only to be used for communication but also to be used as devices to authenticate proof of identity and facilitate secure financial transactions, multilingual services and other capabilities which will assist in increasing the literacy rate in the country.

Strategies

Broadband Rural Telephony and Universal Service Obligation Fund
The Policy dictates for a robust and secure telecommunication service in the rural and remote areas. In order to bridge the digital divide the Policy also mandates affordable and high quality broadband connectivity and telecom service throughout the nation. This will be achieved through combination of technologies viz., optical fibre, wireless, VSAT and others. Optical fibre networks to be laid down to the village panchayats, using USOF funding. It also aims at high speed broadband access to all the village panchayats by 2014 and access to all villages and habitation by 2020. It also aims at increasing the rural tele-density from 29 to 70 by 2012 and 100 by 2020. With high quality voice, data and multimedia and broadcasting services on converged networks,[1] it is expected to render better service to the user.

The policies formulated with respect to access to broadband are:

Develop an “eco-system for broadband” and also work towards a “right to broadband”. It also endeavours to recognize telecom and broadband service a basic necessity in the field of education and health.
Provide affordable and reliable broadband on demand by 2015, 175 million broadband connections by 2017; 600 million by 2020 at a minimum speed of 2 Mbps download speed and also to make available higher speeds of at least 100 Mbps on demand.
Revise the existing broadband download speed from 256 Kbps to 512 Kbps and 2 Mbps by 2015 and speed up to at least 100 Mbps thereafter. The policy also encourages use of FTTH (fibre to the home) to create a “always connected” society.
Set up an agency, to co-ordinate with different government departments in order to efficiently lay optical fibre cables across the nation and help in rapid expansion of broadband services in the country.
Use broadband along with other government agencies for the implementation of e-governance, e-panchayats MNREGA, NKN, AADHAR, AAKASH tablet. It will also help in facilitating secure financial transactions online.
Stimulate interest with respect to utility of broadband by promoting regional and local content with the help of the Department of Information Technology. This will help in generating investment for All-Internet Protocol (IP) Networks including Next Generation Networks (NGN)

R&D, Manufacturing and Standardization of Telecommunication Equipment

The Policy directives for encouraging R&D are:

Encourage indigenous manufacturing and R&D, entrepreneurship and IPR creation in the field of telecom products and service under the 12th 5 year plan.
Preference to be given to domestically produced telecom products in case of those telecom products which have security implication for the country or which will be put to government use. Moreover, the policy in order to promote indigenous R&D in telecommunication technology will provide for fiscal and financial incentive will be granted for indigenous R&D.
Focus on production and R&D of telecom equipment as well as address the issues of security and strategic concerns. It also aims to focus on a green policy and use of renewable sources of energy in the telecom sector.
Set up a council with experts from sectors of the telecom industry including telecom service providers, telecom manufacturing industry, government, academia and R&D institutions. The functions of the Council would be to (a) forecast on technology change and product development; (b) update the national programme for technology/product development; (c) to act as a nodal group to ensure implementation of the recommendations made for R&D and IPR creation.
Promote collaboration between telecom service providers, manufacturers, R&D centres, academia and other stakeholders for development and introduction of new products in the market which are more suitable for Indian environment and security needs.
Assist entrepreneurs by creating funds and promoting indigenous manufacturing, R&D and intellectual property creation.

The Policy also addresses issues with regards to standards in the telecom sector. The main policy directives for standardization of telecom in India are:

Set up new standards to meet national requirements and participate in the standard making process carried out by international standardization organizations and also contribute in formulation of global standards.
Implement platform neutral services in e-governance and m-governance in the sector of health, education and agriculture. The Policy objective is also to encourage development of mobile phone based on open platform standards.
Mandate to use common platform for interconnection of various networks for non-discriminatory and non-exclusive access.
Create a road-map for aligning technology, demand, standards and regulations for the purpose of promoting competition in the market.
Set up a Telecommunication Standard Development Organisation (TSDO) as an autonomous body to build consensus about standards to meet national requirements including security requirements. The Organisation will also oversee participation of government, industry, R&D centres, service providers and academia in such setting of standards.

In order to promote domestic manufacture of telecom equipments, the Policy seeks to support electronic design and manufacturing clusters for design, development and manufacture of telecommunication equipment. The Policy aims to provide incentive for export of telecom equipment and also give fiscal incentives for domestic manufacturing of telecom equipments under the Modified Special Incentive Package Scheme (M-SIPS). It will also lay down mechanism for testing and certification with respect to conformance, performance, interoperability, health, safety, security, EMF/EMI/EMC (electromagnetic compatibility).

Licensing, Convergence and Value Added Services

The policy regarding licensing:

Simplify the licensing framework in order to facilitate converged high quality services.
Strengthen institutional and legal and regulatory framework and to bring more transparency and efficiency in decision making process and also implement web-based e-governance solution for online application, processing and issuance of licence by Department of Telecommunication.
Convergence of technology, for the purpose of enabling a single network for voice data and video, internet telephony (VoIP), value added services and broadcasting services.
Move towards convergence between telecom, broadcast, IT service, networks, platforms, technologies. It is also imperative to overcome hurdles such as “existing segregation of licensing, registration and regulatory mechanisms in these areas to enhance affordability, increase access, delivery of multiple services and reduce cost.”
Use of fixed mobile convergence in order to optimize the delivery of services to the consumers irrespective of the device or the location.
Support from USOF for telecom services, including converged communication services for providing services in commercially unviable rural and remote areas.

Spectrum Management

The Policy aims at creating a framework for increasing the availability of spectrum for the purpose of telecom services. It also seeks to implement a transparent process for allocation of spectrum as well as ensure availability of spectrum. The Policy wishes to make available additional 300 MHz for IMT (4G) services by 2013 and another 200 MHz by 2020.

The government will also promote efficient use of spectrum and will conduct periodical spectrum usage audit. It will also de-licence un-used and additional frequency bands for public use. It will also conduct periodic audit of spectrum use, to ensure optimum use of spectrum.

The policy directives for spectrum management are:

Liberalise spectrum for the purpose of enabling use of spectrum for providing any service through any technological medium. Such liberalisation policy will also allow spectrum pooling, sharing, and later trading to effect optimum use of spectrum. This will be done through appropriate regulatory framework.
Re-farm spectrum to allot alternate frequency bands to service providers and also to make available spectrum for the introduction of new technologies in the telecom market.
Devise a roadmap for the purpose of making available additional spectrum in the next five years. It also seeks to make available globally harmonised IMT spectrum in 450 MHz, 700 MHz, 1800 MHz, 1910 MHz, 2.1 GHz, 2.3 GHz, 2.5 GHz, 3.5 GHz bands and other bands to be identified by ITU for commercial mobile services.
Provide small chunks of frequency bands for the purpose of research and development indigenous technologies and products.
Optimize spectrum allocation by reviewing the existing geographical unit of allocation of spectrum.
Promote use of white spaces with low power devices, without causing harmful interference to the licensed applications in specific frequency bands by deployment of Software Defined Radios (SDRs), Cognitive Radios (CRs), etc.
Establish Institute of Advanced Radio Spectrum Engineering and Management Studies (IARSEMS) which will carry out policy research in radio spectrum engineering, management/radio monitoring and related aspects.

Quality of Service and Protection of Consumer Interest

The main policy mandate is to further empower TRAI (independent regulator) for the purpose of ensuring that the prescribed performance standards and quality of service parameters are complied with, by the service provides and also provide support to the sector regulator in creating awareness about services, tariff and quality of service. It also seeks to balance the interests of the consumer and the service provider.

The Policy objectives with respect to protection of consumer interests:

Informed consent;
Transparency;
Accountability in quality of service, tariff, usage and;
Strengthen grievance redressal mechanisms

The strategies adopted for ensuring quality of service and protections of consumer interest are:

Formulate code of practices of sales and marketing communication.

Mandate web-based disclosure of area coverage by the telecom service providers.

Establish National Mobile Property Registry to deal with issues of security, theft and other concerns such a reprogramming of mobile handsets.

Undertake legislative measure to include dispute between telecom consumers and service providers within the jurisdiction of consumer forums.

Security

The objective of the policy is to formulate a strategy to address the concerns related to communication security and network security. AADHAR based authentication framework would be crucial in providing service such as m-payment.

The strategy adopted to implement security measures are:

Telecom service providers must take adequate measures; to ensure security of the communication send and received through their networks. The service provider will adopt contemporary network security standards

Telecom service providers must provide communication assistance to law enforcement agencies. Telecom service providers must assist law enforcement agencies within legal framework and also keeping in view the individual privacy and also following international practices to the extent possible for fulfilling national security needs.

Regulatory measures to ensure that safe to connect devices are inducted on to the network. To build national capacity around security standards, security testing, and interception and monitoring capabilities.

[1].Multiple communication service on a single network; See, http://bit.ly/zEA4wa

For more details visit https://cis-india.org/telecom/resources/national-telecom-policy-2012

Consumers International IP Watchlist 2012 — India Report

pranesh — 2012-08-16T10:23:36Z

Pranesh Prakash prepared the India Report for Consumers International IP Watchlist 2012. The report was published on the A2K Network website.

Summary

India's Copyright Act is a relatively balanced instrument that recognises the interests of consumers through its broad private use exception, and by facilitating the compulsory licensing of works that would otherwise be unavailable. However, the compulsory licensing provision have not been utilized so far, because of both a lack of knowledge and more importantly because of the stringent conditions attached to them. Currently, the Indian law is also a bit out of sync with general practices as the exceptions and limitations allowed for literary, artistic and musical works are often not available with sound recordings and cinematograph films. There are numerous other such inconsistencies. Positively retrogressive provisions, such as criminalisation of individual non-commercial infringement also exist. India's Copyright Act is a relatively balanced instrument that recognises the interests of consumers through its broad private use exception, and by facilitating the compulsory licensing of works that would otherwise be unavailable. However, the compulsory licensing provision have not been utilized so far, because of both a lack of knowledge and more importantly because of the stringent conditions attached to them. Currently, the Indian law is also a bit out of sync with general practices as the exceptions and limitations allowed for literary, artistic and musical works are often not available with sound recordings and cinematograph films. There are numerous other such inconsistencies. Positively retrogressive provisions, such as criminalisation of individual non-commercial infringement also exist.

It is unfortunate that the larger public interest in copyright-related issues are never foregrounded in India. For instance, the Standing Committee tasked with review of the Copyright Amendment Bill has held hearings without calling a single consumer rights organization, and without seeking any civil society engagement, except for the issue of access for persons with disabilities. This was despite a number of civil society organizations, including consumer rights organizations, sending in a written submission to the Standing Committee.

This lopsidedness in terms of policy influence is resulting in greater imbalance in the law, as evidenced by the government's capitulation to a handful of influential multinational book publishers on the question of allowing parallel importation of copyrighted works. Furthermore, pressure from the United States and the European Union, in the form of the Special 301 report and the India-EU free trade agreement that is being negotiated are leading to numerous negative changes being introduced into Indian law, despite us not having any legal obligation under any treaties. Such influence only works in one direction: to increase the rights granted to rightsholders, and has so far never included any increase in user rights.

It is true that copyright infringement, particularly in the form of physical media, is widespread in India. However this must be taken in the context that India, although fast-growing, remains one of the poorest countries in the world. Although India's knowledge and cultural productivity over the centuries and to the present day has been rich and prodigious, its citizens are economically disadvantaged as consumers of that same knowledge and culture. Indeed, most students, even in the so-called elite institutions, need to employ photocopying and other such means to be able to afford the requisite study materials. Visually impaired persons, for instance, have no option but to disobey the law that does not grant them equal access to copyrighted works. Legitimate operating systems (with the notable exception of most free and open source OSes) add a very high overhead to the purchase of cheap computers, thus driving users to pirated software. Thus, these phenomena need to be addressed not at the level of enforcement, but at the level of supply of affordable works.

Source URL: http://bit.ly/QEJf5l
Click to download the report [PDF, 201 Kb]

For more details visit https://cis-india.org/a2k/consumers-international-ip-watchlist-report-2012

Consumers International IP Watchlist Report 2012

praskrishna — 2012-08-16T10:18:58Z

This report was prepared by Pranesh Prakash. It was posted on the A2K Network website.

For more details visit https://cis-india.org/a2k/ci-ip-watchlist-report-2012

Copyright Law: More Than A Moral Obligation

praskrishna — 2012-08-13T03:59:47Z

It was a cozy and warm atmosphere in a bookstore in South Delhi — with plenty of cushions thrown on the floor — that I attended a delightful book launch for children. The book was displayed prominently, along with some fabulous original illustrations done by the author, from which the book illustrator had been “inspired”. I clicked some photographs with my smartphone. The publishers, based in another city, couldn't attend the event. So, I thought why not mail it to them, they are fraternity. Soon, a newsletter popped into my mailbox from the same publisher, with a lovely write-up of the book launch accompanied by my photographs, but with no acknowledgement given to me. I was disappointed.

This column by Jaya Bhattacharji Rose was published in Business World on August 9, 2012. Pranesh Prakash is quoted.

After pondering over it, I decided to bring it to the publisher’s notice. To me, it was the principle of recognising the IPR (intellectual property rights) of the creator and giving due credit that I felt was at stake here. This was the reply I received, “So sorry. It was a slip up as I had said that you should be acknowledged. But since that is not the usual practice — simply because no one had asked — it was overlooked.” An apology received and accepted. I did not stop at that. I requested that in the next newsletter it should be rectified and on the blog, the photographs uploaded should go with credits.

To explore larger issues surrounding copyright, and for publishers in general, management of copyright is a very important part of their business. In May 2012, the Indian Parliament passed a few amendments to the Copyright Act. (It is still a bill, at the time of writing this column.) A victory to a large extent for the music industry, but it has made very little difference, so far, to the publishing industry. Plus, the debate surrounding Clause 2(m) of the Indian Copyright Act is still an open chapter. As per the clause, a book published in any part of the world can easily be sold here. Thus, diluting the significance or infringing upon an exclusive Indian edition. The Parliament Standing Committee investigating the pros and cons of Clause 2(m), made a “forceful recommendation” for its amendment, but it was not included in the bill. So the HRD Minister has referred it to an NCAER expert committee constituted.

However, another amendment relevant to the publishing industry has been the increase in copyright term for photographs. “This will make using older photographs impossible without hunting down the original photographer,” says Pranesh Prakash, a lawyer and copyright expert and programme manager at Centre for Internet and Society. “So far, things have worked well because sepia-tinted photographs have generally become part of the public domain. But now, only photographs by photographers who died before 1951 are part of the public domain. This has shrivelled up the public domain in photographs since it is even more difficult to trace the photographer (and date of death) than to estimate the age of a photograph, determining whether a photograph is in the public domain is laden with uncertainty. The use of historical photos in books (and Wikipedia) will be badly affected.”

Having been a publisher for years, I tend to be very careful about issues involving copyright. Dig deep and you will find anecdotes that illustrate the crying need for understanding copyright issues. For example, an illustrator submitting files to a reputed art director could be told that the illustrations are not up to mark. Unfortunately, when the book is published, the ‘new’ illustrations are pale imitations of the original line drawings submitted by the illustrator.

Or for that matter, a playwright being asked to create a script, but is never acknowledged or even paid the royalty due since the director believes that the core idea for the play is hers. ‘The playwright merely gave it a form’ is a common retort. Or, a couple of editors discovering their original research (and highly acclaimed globally) has been blatantly plagiarised by a well-known writer and published by an equally prominent publisher. Despite having marshalled all the necessary evidence, the editors are unable to file a case, since the court fee is a percentage of the damages sought and is beyond their reach. So, these cases stagnate with no redressal and the creators are left frustrated and angry.

The core issue is, how many professionals in the publishing eco-system actually know what is copyright or how to exercise their rights? After all, it is only a concept, albeit a legal one, which gives the creator of an original work exclusive right(s) to it for a limited period of time. Establishing and verifying the ownership to copyright is a sensitive issue. A good example of how an organisation can facilitate, disseminate, inform and empower a literary community on IPR and related topics is the Irish Writers Union.

According to their website, it is “the representative organisation for one of the major stakeholders in any discussion about copyright: Irish authors. While we understand that copyright legislation might be a barrier to innovation in certain industries, the IWU believes that any change to copyright law must be managed in such a way as to ensure that no damage is done to Ireland’s literary activity. ...literature earns hard cash for Ireland. Both in the form of its contribution to the €2bn annual gain from cultural tourism and in the considerable revenues deriving from the success of sales of Irish works, Irish publishing and writing is an activity that should not be jeopardised by any legal change that weakens the value of copyright ownership to the creators of original literary works. ...We note that if anything, copyright law in regard to literature should be strengthened to protect rights holders.”

As Shauna Singh Baldwin, a Canadian-American novelist of Indian descent, comments upon the significance of copyright in an e-mail conversation with me, “The breath of the individual creator, his/her imagination and speculation gives life to a work of art. To create something new, you take ideas from many sources, recontextualise them, find unexpected connections between them, and create something new — and beautiful. If we continue to be ashamed of our own imaginations and so fearful of mistakes that we must copy the tried and true, we will never create, only innovate.”

As for the rejoinder and photo credits I had requested for my photographs, the publisher implemented it immediately. And I was glad.

Jaya Bhattacharji Rose is an international publishing consultant and columnist.

For more details visit https://cis-india.org/news/www-businessworld-in-jaya-bhattacharji-rose-august-9-copyright-law

Respite from Internet Censorship?

praskrishna — 2012-08-10T15:51:30Z

Of late, a lot of the blocked websites have started reappearing. So should we sit back and relax? We take a look at how it's not really the start of something beautiful...writes Nimish Sawant. Sunil Abraham is quoted.

Published in thinkdigit on June 2, 2012

In April, Chennai based Copyrights Labs got a John Doe order (An order against no one in particular) from Madras High Court which ordered ISPs to block several video hosting websites such as Vimeo and Dailymotion along with a string of torrent sites such as Isohunt and Pirate Bay. The motive was to prevent illegal sharing of the movies 3 and Dhammu. The ISPs went on this whole website blocking spree welcoming users with messages such as, “This website has been blocked as per instructions from the Department of Telecom (DoT)”.

In June, the Madras High Court issued an order which made it mandatory for complainants to provide exact URLs where they find illegal content, such that ISPs could block only that content and not the entire site.

This order is definitely a relief for Indian internet users, who were facing a variety of blocked websites for a couple of months. In the May-June period there was a lot of media coverage around Internet censorship and then there was the much-hyped Anonymous protest (http://goo.gl/YCQod) that saw a not-so-great participation. Just like most media stories, it is slowly departing from the public conciousness. So does this mean our censorship woes are behind us?

Far from it.

The dark cloud of Intermediaries Guidelines
The Information Technology (Intermediaries Guidelines) Rules 2011 were added to the IT Act 2000. According to it, the intermediaries (website, domain registrar, blog owner and so on) guidelines allows the government to pull up any website that hosts “objectionable” content. It gives anyone the right to send “content removal notice” to an intermediary, asking it to be removed within 36 hours. Terms describing such content - grossly harmful, harassing, blasphemous, defamatory, obscene - are those that are open to interpretation. So, Facebook can be hauled up for derogatory content or pages on its site. Hell, even if you own a blog and someone else posts a derogatory comment, you can be pulled up.

This is a rather smart move by the government to force self-censorship down our throats. Just try imagining - Every 60 seconds: on YouTube there are 48 hours worth of videos uploaded; Wordpress users publish 347 blogs; Twitter users send over 100,000 tweets among others. (Source: http://goo.gl/U7qT8) How on earth is monitoring such a vast amount of data even possible?

Karnika Seth, Cyberlaw Expert	"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Karnika Seth, Cyberlaw Expert

"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Every site has internal checks and balances in the form of a 'Report Abuse' option, where users raise flags against content which they may find objectionable and the site takes a call. But with the intermediary rules, the content has to be removed within 36 hours. And here's the kicker – the content can be removed without informing the owner or giving him or her a chance to defend. A political cartoon website cartoonsagainstcorruption.com was a victim of such rules. In March this year, Rajya Sabha MP, P. Rajeeve, had moved a motion calling for the annulment of the intermediaries rules sometime in April. This motion, as would be expected, was defeated by a voice vote.

“Any content which is illegal can be blocked by the ISP or on directions of a court. A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access,” said cyberlaw expert Karnika Seth. When asked if there is a clause in the IT Act which enables a person to drag the government or the ISP for blocking access to their harmless content on the web, Seth said, “No specific section in the IT Act entitles a person to sue in such cases . However, freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court.”

So what should one do if his or her content is blocked due to the blanket ban on websites? “If I am blocked access to my content on the web (say by blocking sites such as Vimeo or Blogspot for instance) I should file an appeal against the John Doe order in the higher court or to the division bench of High court if earlier order has been passed by single bench of the same High court. These provisions are there for any citizen in Procedural Law of India. The IT Act, 2000 need not be invoked,” says Advocate Prashant Mali, President, Cyber Law Consulting.

Google Transparency report clearly established a link between internet censorship and the government. According to the report, between January and June 2011 Google received 1739 requests for disclosure of user data from the Indian government whereas from July to December 2011, the number of requests by the government went up to 2207. Thankfully Google's compliance rate has come down, but the requests will keep increasing. And this is just Google products we are talking about. Is it then right for just the government to go ahead and draft the rules regarding internet usage? Are there provisions for you, the user to play a part in drafting of these rules. According to Advocate Mali, laws are generally put up for debate on various Government websites. But in the case of the Intermediaries Guidelines, the government used the two-thirds majority to pass the rules.

According to Sunil Abraham, Director, Centre for Internet and Society – a Bangalore-based internet advocacy group, we are very far in terms of Internet policies. “Dr. Gulshan Rai of CERT-IN has not taken even the public feedback process seriously and does not hold public consultations. This is very unlike TRAI, the telecoms regulator that has a very sophisticated approach towards transparent and participatory policy formulation.” He says that in India there is little transparency in some areas of policy articulation and our representatives do not seem sufficiently interested in protecting the public interest.

Also according to Adv. Mali, the recent Madras High Court directive asking the ISPs to block only the ‘pirated content’ and not the entire website, is just half the battle won for the ISPs. “If ISP's feel they have won, then that's just half the victory, because if they don't implement the order with full might and even if one copyright gets infringed because of there weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup,” he says.

“The Madras High Court judgement which essentially directs ISPs to block “pirated content”, and not the website as a whole, is a good judgment with respect to Internet users, but implementing it selectively would be a mammoth task for ISP's. If ISP's feel they have won, then it's just half the battle won, because if they don't implement the order with full might and even if one copyright gets infringed because of weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup."

Advocate Prashant Mali, President, Cyber Law Consulting

Is the Anonymous way, the right way?
In June, we saw the global hactivist organisation - Anonymous attacking a string of Government websites and that of ISPs such as Reliance communications, which had blocked access to websites. On June 9, there was a street protest across various metros in India. While the participation was not very encouraging, the sympathy for what Anonymous hackers were doing to those opposing Internet censorship was immense.

According to Advocate Mali, though the agenda of Anonymous was good, their means of achieving that end were wrong. “One cannot put a gun on the Government’s head in a democracy. If they keep doing this, they will be outlawed. If Anonymous really wants to work for the netizens, they should find better ways to protest instead of those which are cognizable cyber crimes in India.” said Mali.

According to Abraham, Anonymous are embracing the civil disobedience movement to protest against unjust laws. He feels that it is pertinent for Anonymous to retain the moral high ground. “Breaking into servers, leaks of personal information and defacement of websites is both illegal and also unlikely to win them more supporters from within the policy formulation space,” concurs Abraham.

Sunil Abraham, Executive Director, Centre for Internet & Society

“The government ie. the government in power, does only frame subsidiary rules. For example – the draconian rules related to reasonable security measures, cyber cafes and intermediaries were drafted in April last year. The main Act in this case the Information Technology Act is framed in the Lok Sabha and Rajya Sabha. Even though the elected government may dominate the proceedings, if they have a clear majority, the opposition parties must debate every detail especially in laws that affect our civil liberties. Unfortunately, since the Internet is not used by the majority of the population it is politically still an insignificant issue. The private sector cannot frame laws that regulate itself – that would be a contradiction in terms. Citizens cannot be asked to vote in referendums each time laws have to be passed, that would just be too slow. Transparency representative democracy is the online option – unfortunately in India there is little transparency in some areas of policy articulation and our representatives don't seem to be sufficiently interested in protecting the public interest.”

Where do we go from here?
So it is safe to say that even though the issue of censorship is not making headlines everyday, it will never will be behind us. “This is just a temporary lull in the storm. Governments are always keen to crack down on free speech and privacy online,” feels Abraham. According to him, projects such as Unique Identification (UID) and National Intelligence Grid (NATGRID) means the death of anonymity and pseudonymity for Internet and mobile users in the country.

On the other hand, Adv. Mali says that so long as the Intermediaries guidelines are part of the IT Act, it will only mean bad news for regular netizens. “Till the rules are effective, censorship and blocking would be a weapon in the hands of the Government, even though it may violate certain Fundamental Rights enshrined by Indian Constitution to Indian Citizens,” he said.

“Indian Internet users have to be very vigilant – if not, we will loose all our rights and freedoms one by one,” warns Abraham.

We can just hope that the issue does not get completely out of hand.

For more details visit https://cis-india.org/news/www-thinkdigit-com-nimish-sawant-02-06-2012-respite-from-internet-censorship

July 2012 Bulletin

praskrishna — 2012-10-09T11:46:15Z

Welcome to the newsletter issue of July 2012 from the Centre for Internet & Society (CIS). The present issue features a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, an analysis of the Indian Draft DNA Profiling Act and CIS statement on Exceptions and Limitations for Libraries and Archives made at WIPO.

Jobs

CIS is seeking applications from interested candidates for the following posts:

Research Manager: CIS is seeking an individual, full-time, for a period of 12 months, beginning from October 2012. The Research Manager is expected to contribute to conceptualising, managing and executing research projects in the field of Internet and Society, build knowledge networks of researchers towards collaborative and open knowledge production and dissemination, developing and executing the monitoring and evaluation processes for humanities and social sciences based research, supporting and managing academic, popular and hybrid publishing projects from existing and new research and initiate innovative and creative areas and methodologies of studying the Internet and its practices in India and the larger Global South, to develop key research clusters and networks. Send in your applications by September 5, 2012 to admin@cis-india.org.
Programme Director – Access to Knowledge: CIS is seeking a Programme Director for its New Delhi office. The Programme Director will manage CIS’s Access to Knowledge programme which is funded by the Wikimedia Foundation, to support the growth of Wikipedia and its sister projects and to advance access to free knowledge in India. The Programme Director will partner with the large Wikimedia community in India to focus on Indic and English languages and will manage a team of four staff members.
Programme Officer – Access to Knowledge and Openness: CIS is seeking an individual with a strong background in policy research and advocacy to be part of its Openness and Access to Knowledge programmes. The candidates must have knowledge of Indian and international law on copyright, demonstrable research skills, public-speaking skills, open to travel and work independently.
Programme Officer – Internet Governance: CIS is seeking an individual with a strong background in legal research and policy work to be part of its internet governance (IG) programme. The candidates must have good knowledge of Indian and international law on freedom of expression and privacy, demonstrable research skills, have strong communication skills and be media savvy with the ability to convey complex legal issues clearly to a general audience, open to travel and work independently.

To apply for the posts of Programme Director and Programme Officers, please send your resume to Sunil Abraham (sunil@cis-india.org) or Pranesh Prakash (pranesh@cis-india.org) with three references.

Internet Governance

The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes:

Featured Research

Constitutional Analysis of the Information Technology (Intermediaries' Guidelines) Rules, 2011 (by Ujwala Uppaluri): Ujwala Uppaluri provides a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, and examines its compatibility with Articles 14, 19, 21 of the Constitution of India.
Overview and Concerns Regarding the Indian Draft DNA Profiling Act (by GeneWatch UK & the Council for Responsible Genetics, US): The 2007 DNA Profiling Bill pending before the Parliament attempts to create an ambitious centralized DNA bank that would store DNA records of virtually anyone who comes within any proximity to the criminal justice system. The Bill contains provisions limiting access to and use of information contained in the database, and provides for the deletion of a person’s DNA profile upon their acquittal.

Columns

Internet Censorship: Anonymous Can’t be Just Harmful Hackers (Nishant Shah, FirstPost, July 13, 2012): If there was ever an interesting time for people concerned with freedom of speech and expression to live in, it is now, and it is definitely in India. It has been a series of battles the last couple of years, where a slightly out-dated government machinery has been trying to control and contain the burgeoning online spaces, only to be put in their place by the new-age tech-ninjas that have risen as the new heroes in our digital times.
Open letter to Hillary Clinton on Internet Freedom (Sunil Abraham, Thinking Aloud, July 17, 2012): Sunil Abraham’s open letter to Hillary Clinton was based on a presentation made during a panel discussion at a Google sponsored conference titled Internet at Liberty 2012 in Washington DC on May 24, 2012. The present article published in Thinking Aloud is an updated version of the blog entry published by CIS earlier this year.

Event Report

Privacy Matters — Medical Privacy (Yashwantrao Chavan Academy of Development Administration, Pune, June 30, 2012): Privacy India in partnership with the Indian Network for People living with HIV/AIDS, CIS, IDRC, and Society in Action Group with support from London-based Privacy International, held a public discussion on "Medical Privacy". Elonnai Hickok introduced the draft book Privacy in India: A Policy Guide that Privacy India had been compiling. The participants discussed medical privacy in India, the legal aspects of medical privacy, Supreme Court views on medical negligence, confidentiality and privacy, best practices on medical privacy in various health settings, etc.

Ongoing Event

The Asian Edge: 2012 Inter-Asia Cultural Studies Society Summer School: The 2nd Biannual Inter Asia Cultural Studies (IACS) Summer School is being hosted in Bangalore, India by CIS and the Centre for the Study of Culture and Society. The IACS Summer School brings together South and East Asian experts from different disciplines as faculty for graduate and advanced research students to engage with key issues of larger social, cultural and political concerns in cultural studies in Asia.

Upcoming Event

Role of the US Tech Companies in Government Surveillance: A Lecture by Christopher Soghoian (Centre for Internet and Society, 194, 2-C Cross, Domlur Stage II, Bangalore (Near Domlur Club and the TERI Complex)): Your internet, phone and web application providers are all, for the most part, in bed with US and other foreign government agencies. They all routinely disclose their customers' communications and other private data to law enforcement and intelligence agencies. Worse, firms like Google and Microsoft specifically log data in order to assist the government — How? — Find out — Christopher Soghoian will give a lecture on the role companies play in assisting government surveillance.

Events Organised

Privacy Matters — Consumer Privacy (India International Centre, New Delhi, July 7, 2012): Privacy India, in partnership with the Centre for Internet & Society, International Development Research Centre, Society in Action Group and Privacy International, invite you to a public conference focused on discussing the challenges and concerns to consumer privacy in India.
The Fifth Elephant (NIMHANS Convention Centre, Bangalore, July 27 and 28, 2012): The event was organised by HasGeek and supported by CIS. The first day covered the technology track and talks from business and industry were held on the following day.

Events Participated

Speak Easy: Citizenship, Freedom of Expression and Online Governance (American Centre, Kasturba Gandhi Marg, Connaught Place, New Delhi, July 31, 2012): Chinmayi Arun, a Fellow at CIS spoke at this event organised by the YP Foundation, Youth Ki Awaaz, Change.Org and RTI Anonymous.
Asia Pacific Regional Internet Governance Forum 2012 (Aoyama Campus, Aoyama Gakuin University, Tokyo, July 20, 2012). Sunil Abraham was a speaker in the session on international public policy and internet governance issues pertaining to the internet. The event was organised by APrIGF.Asia.
Fifth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (New Delhi, July 22, 2012): Sunil Abraham participated in this meeting held under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.
Fourth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (Committee Room No. 228, Yojana Bhawan, Planning Commission, New Delhi, July 9, 2012): Sunil Abraham participated in the fourth meeting on privacy issues under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.

News & Media Coverage

A Net of Hatred (Samar Khurshid, Hindustan Times, July 14, 2012): “The problem is...that internet conversations become extreme. Liberals don’t get embroiled in heated arguments while fundamentalists, dedicated to extreme ideologies, tend to win out." Web censorship...is in vain as the net is too vast to control.”— Pranesh Prakash.
Post-website attack, cops hot on pursuit of Anonymous hackers (The Times of India, July 11, 2012): “Anonymous consists of a large bunch of activists who gained some credibility in India after they organised offline protests. But this operation doesn't serve any purpose and brings down their credibility as details of those who filed complaints have been revealed.” — Pranesh Prakash.
The kids are all on Facebook (Shikha Kumar, Daily News & Analysis, July 8, 2012): “Children’s interaction online should always be under parental supervision. Censorship and control is not the responsibility of the government, but of parents.” — Sunil Abraham.
Freedom debate takes a new course (Deepa Kurup, The Hindu, July 1, 2012): “Under Indian copyright law, ISPs cannot be liable for copyright infringement committed by their users. So while it is good that the court clarified that its order was limited in its scope, it is possible to read even this as going far beyond that which is allowed under the law.” — Pranesh Prakash.

Access to Knowledge

The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge:

WIPO

CIS participated at the 24^th session of the WIPO Standing Committee on Copyrights and Related Rights held in Geneva from July 16 to 25, 2012. The outcomes are listed below:

India's Opening Statement on the Treaty for the Visually Impaired at SCCR 24: The opening statement of the Indian delegation was delivered by G.R. Raghavender on July 19, 2012. The statement called upon all countries to conclude textual work on the treaty and call for a Diplomatic Conference to finalize it.
CIS's Statement on the Treaty for the Visually Impaired: Pranesh Prakash read out CIS statement on July 20, 2012.
CIS's Statement on the WIPO Broadcast Treaty: Pranesh Prakash read out CIS statement specifically on the Chair's Non Paper on the Protection of Broadcasters which was released on July 23, 2012.
CIS's Statement on Exceptions & Limitations for Libraries and Archives: Pranesh Prakash delivered the statement on the issue of exceptions and limitations for libraries and archives on July 25, 2012.
Transcripts of Discussions at WIPO: The proceedings were live streamed. Copies of the unedited transcripts are hosted for archival purposes.

International Press Coverage

U.S. support sought for treaty to allow blind people access to copyrighted works (Rama Lakshmi, Washington Post, July 24, 2012): “The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere...The treaty would end the book famine that they currently face.” — Pranesh Prakash.
US and EU blocking treaty to give blind people access to books (Paige McClanahan, The Guardian, July 30, 2012): “We in developing countries have found our voice and we are not going to back down. When people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want.”— Rahul Cherian.

National Press Coverage

EU stalls treaty talks to allow copyright waiver for print disabilities (The Hindu, Priscilla Jebaraj, July 25, 2012): “[The treaty] would allow organisations working for the blind to import and export accessible works without seeking the copyright holder's permission, since very little money is spent in developing countries on converting books into accessible formats, while they are much more readily available elsewhere.” — Pranesh Prakash.

Accessibility

India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies:

Blog Entry

Accessibility of Government Websites in India — Test Results

Openness

The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software:

Blog Entries

Unpacking Openness: From Seemingly Transparent to Definitely Opaque: Nishant Shah was in Netherlands recently and as part of his trip had given a public lecture to an audience at Kennisland. One of the respondents wrote a small write-up of the talk. This was originally published on the Kennisland website on July 25, 2012.
2012 Conference on Trends in Knowledge Information Dynamics (by Rebecca Schild): The 2012 Conference on Trends in Knowledge Information Dynamics convened a panel on Open Access. There was consensus amongst the panelist that the “big question” facing the open access movement no longer remains "if" or "why" open access, but rather "how" open access. The panel proved instructive for shifting the discussion away from ideology towards concrete questions facing the open access agenda and its implementation.
Open Government Data (by Pranesh Prakash): Pranesh Prakash provides an analysis of the chapter that CIS published in this report with Transparency & Accountability Initiative.

Grant Award

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India: Wikimedia Foundation has approved a grant to the Centre for Internet and Society to expand their Access to Knowledge program in India. This information was published by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

Digital Natives

Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:

Book Review

Deconstructing Digital Natives: Young People, Technology and the New Literacies: Nishant Shah was invited to do a book review of a new anthology 'Deconstructing Digital Natives', edited by Michael Thomas. The review was published in Routledge's Journal of Children and Media on July 18, 2012.

Digital Natives Newsletter

Citizen Activism the Past Decade: The deadline for contribution to the Digital Natives newsletter expires on August 15. Nilofar Ansher gives a list of topics that contributors can explore in this blog entry.

Columns

Across Borders (Nishant Shah, Indian Express, July 5, 2012): “Digital Natives are not only a mobile-wielding generation, but also a mobile generation. They are fluid, not necessarily tied to the geographies of their origin, and often imagine themselves, as travelling across different networks and systems, like the information traffic on the internet. This dislocation of the fixity of where we are from and who we are is one of the most exciting results of the digital turn.”
Revisiting Techno-euphoria (Nishant Shah, DML Central, July 5, 2012): “The gadgets and tools we use are, actually, only material manifestations of the digital — which operates at the level of a paradigm or a context, through which we are slowly reshaping the material, social, and cultural notions of who we are and how we connect to the world around us.”

Event Participated

10th International ISTR Conference (Universita Degli Studi Di Siena, Italy, July 10 – 13, 2012): Nishant Shah was a panelist in the session, "Theoretical Grounding of Civic Driven Change". He gave a public lecture on Beyond Normative Citizenships: Exploring the ‘New’ in Digital Activism.

Telecom

While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum:

Building Knowledge and Capacity around Telecommunication Policy in India

Ford Foundation has given a grant of USD 200,000 to CIS to build expertise in the area of telecommunications in India. The following are the latest outputs:

Fixed Line Telephones (by Jürgen Kock): This module discusses the features and the various stages of the development of fixed line telephones, its early history, the basic principle of a fixed line telephone system, plain old telephone service, digital telephones, cordless phones to today's features of fixed line telephones.
Different Forms of Video Communication (by Tina Mani): In this module, Tina Mani takes us through some of the common forms of video communication such as video calling, video conferencing, telepresence and video sharing.
Broadband Policy, 2004 (by Snehashish Ghosh): In this module, Snehashish Ghosh tells us that the Policy was laid down by the Government of India in order to realize the potential of broadband services. It aimed at enhancing the quality of life by implementation of tele-education, tele-medicine, e-governance, entertainment, etc.
Cable Television Networks Regulation Act, 1955 (by Snehashish Ghosh): In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation.
The Indian Wireless Telegraphy Act, 1933 (by Snehashish Ghosh): In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.

RTI Application

Use of DPI Technology by ISPs — Response by the Department of Telecommunications : Smiti Mujumdar on behalf of CIS filed requests under the Right to Information with the Department of Telecommunications, Telecom Regulatory Authority of India, BSNL and MTNL, asking a number of questions related to the use of Deep Packet Inspection (DPI) technology by Internet Service Providers (ISP) in India and corresponding regulations. A scanned version of the response from the Department of Telecommunications is hosted online.

Column in Business Standard

Decision Analysis for Interest Rates (Shyam Ponappa, Business Standard, July 5, 2012): The discipline of systematic evaluation through applying process-flow and decision analysis — in this example, of financial logic — can help make reasoned, practical decisions, whether for interest rates, or for resolving issues in power supply, or in telecommunications, spectrum and broadband.

About CIS

CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. Over the last four years our policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos. With the Government of India we have done policy research for Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc.

CIS is an accredited NGO at WIPO and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.

Follow us elsewhere

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://cis-india.org

CIS is grateful to its donors, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2012-bulletin

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India

praskrishna — 2012-08-02T12:48:02Z

We are pleased to announce that the Wikimedia Foundation has approved a grant to the Centre for Internet and Society (CIS) in Bangalore to expand their Access to Knowledge program in India.

This information was posted by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

The grant enables CIS, an established institution with valuable relationships and capabilities, to work with the Wikimedia community of volunteers in India to expand upon Wikimedia’s Indic language free knowledge projects, including Wikipedia in Indic languages. In addition, the grant aims to generate improvements in India-relevant free knowledge in Wikimedia’s English projects and wider distribution of Wikimedia’s free knowledge within India.

CIS is a leading research organization in India working on Internet policy and has undertaken policy research for the Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, and Ministry of Social Justice and Empowerment. We are delighted that, in CIS, Wikimedia Foundation has not only found an independent, non-profit grantee but also an organisation that knows our community well and shares the same values as Wikimedia and the free and open source software community.

The grant will be for two years. The first year’s grant will be for a total of INR 11,000,000 ($200,000 USD) subject to final budget review. The second year will be for a similar amount plus inflation, subject to a budget review in May 2013. The CIS Access to Knowledge program team will be based in Delhi and will have five staff. CIS has indicated an interest in hiring Indian program consultants who have been advising the Wikimedia Foundation and will conduct a search for a program director.

CIS will build upon the existing projects in India. There are a number of positive initiatives including community growth partnerships in several Indic languages, support for a new Malayalam education program, a GLAM ( Galleries, Libraries, Archives, and Museums) partnership at the Crafts Museum – New Delhi, new Wikiclubs at the British Council, ongoing efforts to leverage social media, and a dramatic increase in blog coverage of the Indian community’s work. There are also exciting developments on mobile that will be announced soon.

The Wikimedia Foundation looks forward to collaborating with CIS as they move forward to expand their Access to Knowledge program to incorporate work on one of the world’s leading free knowledge resources.

(Read more about the grant on the FAQ page on Meta)

For more details visit https://cis-india.org/news/wikimedia-foundation-awards-grant-to-cis

Unpacking Openness: From Seemingly Transparent to Definitely Opaque

Maarten Zeinstra and Marlieke Kieboom — 2012-08-01T09:16:38Z

Nishant Shah was in Netherlands recently and as part of his trip had given a public lecture to an audience at Kennisland. One of the respondents wrote a small write-up of the talk.

This was originally published on the Kennisland website on July 25, 2012

Last month we were honoured to have Nishant Shah visit our office to have a vibrant discussion about the multiple understandings and purposes of the term ‘openness’. Shah is research director of the Indian Centre for Internet and Society (CIS). CIS undertakes interdisciplinary research about knowledge access, openness, transparency and governance in the digital age. Shah spent an hour of his valuable time discussing how openness may be interpreted. Kennisland is also actively promoting openness. Therefore it was interesting to discover how the term is used differently across the world, at least within our discussion in the Netherlands and in Asia.

Shah describes openness as an opaque metaphor. Openness is used as a metaphor or rhetoric tool to achieve or argue for transparency, accountability, efficiency, community building and other changes in governance and structuring civil society.

Openness or technocratic uncovering?

There is not one specific conceptual tool to explain what openness is. Still we use the term openness in different contexts to argue for being moral, good, efficient and transparent. When we decompose the term, we discover that ‘open’ is not necessarily always the equivalent of ‘good’. Shah unpacks this opaque metaphor in terms of transparency and shows us that when a government uses the metaphor of openness for transparency it does not mean that all the data exposed is useful for everyone, produced by everyone, or beneficial for everyone. It can actually mean other perspectives and information are kept hidden or turn invisible at the same time. An almost technocratic uncovering occurs. The perspectives and documents that can be made available through the tools of transparency, like access to statistics and policy, gain importance and become the dominant perspective of ‘progress’.

This makes other perspectives and problems less visible. In China for example many people are being displaced because new cities are being constructed. Documents on these new cities are readily available, but no documents are available on the people who used to live in those areas. This type of selective ‘transparency’ actually makes these displaced people less visible for researchers and policy makers. Likewise, in India transparency is used as a tool for financing and subsidies. But it disrupts the social structures that are already in place to make types of social subsidies possible. In this case a bureaucratic solution has pushed away a social structure that had been around for decades. Consequently openness excluded the most marginalized people who depended on these social structures.

Shah argues for more multi-faceted research on the multiple uses and interpretations of the term openness to uncover situations where openness has its drawbacks. He does not argue that openness is bad or good, but that we need more insights into to the process of openness in seemingly transparent societies.

Openness and what it means to Kennisland

At Kennisland we use the term openness frequently. What does Shah’s proposed argument mean for our activities? In our work openness is not directly geared towards pushing for more governmental transparency but meant to empower citizens to achieve social and sectorial innovations. Kennisland does not directly lobby or petition governments to open up datasets but we believe that more open datasets help empowering citizens to participate more equally in our society. We agree that just opening up data is only a part of this process.

Moreover Kennisland uses openness in a legal rights perspective: openness is content or data that is shared with everyone with permission to re-use and mix, even for commercial purposes. We educate the general public, NGO’s and governments about the opportunities that arise by creating access to copyrighted material. For example, our project opencultuurdata.nl helps archives and museums to open up their collections by creating open data and open content. It is very important for us to stress the point that open data ought to be used as an extra communication channel that needs to be used in addition to already existing communication channels. Simply replacing existing communication channels by open data or open content will lead to the same social problems that Shah revealed.

Below I describe two examples or scenarios in which a group of people holding certain information, or a group of people who do not have access to data, can become marginalized and therefore unheard.

Old vs. young

The Dutch cultural sector, a very innovative sector, needs to keep older generations in mind. It needs to realize that the generation that demands openness in terms of transparency, efficiency, and reuse is a different type of audience: young, fast and tech-savvy. Besides, in the Netherlands the products of openness, in our legal perspective, can also have significant social consequences. In the Netherlands openness is usually connected to the internet and digital access. That means that older, less technologically educated generations can actually lose access to important resources, data and forms. Therefore it is important to serve different generations independently from each other.

Large vs. small

In a second scenario, there is also a risk of a growing cultural bias in favor of the larger cultural institutions. Only these large institutions have now managed to open up their institutions with open data and open content. Only these collections can now be used on Wikipedia, third-party websites and in innovative applications. Smaller cultural institutions experience more difficulties opening up because of several reasons: lack of money, lack of power and therefore access, and lack of knowledge. This could lead to a dominant cultural canon, in which less influential cultural collections are invisible. Luckily we see a lot of national aggregators that fill this gap, like digitalecollectie.nl and Collectie Gelderland.

In our current and future ventures we will keep these important points in mind and we encourage others to do the same by asking the following questions: who is opening data, and for what purpose? And consequently, who isn’t, and why?

For more details visit https://cis-india.org/openness/unpacking-openness

WIPO SCCR 24 Pre-lunch Text (July 25, 2012)

praskrishna — 2012-07-31T12:26:41Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit https://cis-india.org/a2k/2012-07-25_sccr24_pre-lunch.txt

WIPO SCCR 24 Post-lunch Text (July 25, 2012)

praskrishna — 2012-07-31T12:34:00Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit https://cis-india.org/a2k/2012-07-25_sccr24_post-lunch.txt

WIPO SCCR 24 Post-lunch Text (July 24, 2012)

praskrishna — 2012-07-31T12:13:25Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit https://cis-india.org/a2k/2012-07-24_sccr24_post-lunch.txt

Role of the US Tech Companies in Government Surveillance: A Lecture by Christopher Soghoian

praskrishna — 2012-08-26T11:03:19Z

Christopher Soghoian will deliver a lecture on the role US tech companies play in assisting government surveillance at the Centre for Internet & Society office in Bangalore on August 27, 2012, from 5.00 p.m. to 7.00 p.m.

Your internet, phone and web application providers are all, for the most part, in bed with US and other foreign government agencies. They all routinely disclose their customers' communications and other private data to law enforcement and intelligence agencies. Worse, firms like Google and Microsoft specifically log data in order to assist the government. How many government requests does your ISP get for its customers' communications each year? How many do they comply with? How many do they fight? How much do they charge for the surveillance assistance they provide? Who knows? Most companies have a strict policy of not discussing such topics.

The differences in the privacy practices of the major players in the telecommunications and internet applications market are significant. Some firms retain identifying data for years, while others retain no data at all; some voluntarily provide the government access to user data, while other companies refuse to voluntarily disclose data without a court order; some companies charge government agencies when they request user data, while others disclose it for free. For an individual, later investigated by the police or intelligence services, the data retention practices adopted by their phone company or email provider can significantly impact their freedom.

Unfortunately, although many companies claim to care about end-user privacy, and some even that they compete on their privacy features, none seem to be willing to compete on the extent to which they assist or resist the government in its surveillance activities. Because information about each firms' practices is not publicly known, consumers cannot vote with their wallets, and pick service providers that best protect their privacy.

This talk will pierce the veil of secrecy surrounding these practices. Based upon a combination of Freedom of Information Act requests, off the record conversations with industry lawyers, and investigative journalism, the practices of many of these firms will be revealed.

Christopher's Personal Experience

In the year 2006, the Federal Bureau of Investigation (FBI) raided Christopher’s home at 2.00 a.m. seizing his personal documents and computers. Two attorneys, Stephen Braga and Jennifer Granick came to his defence. With their expert assistance, Christopher was able to get back his possessions within three weeks, and FBI’s criminal and TSA’s civil investigations were closed without any charges being filed.

Jennifer Granick came to Christopher’s assistance once again (joined by Steve Leckar) in 2010 after the Federal Trade Commission’s Inspector General investigated Christopher for using his government badge to attend a closed-door surveillance industry conference. It was at that event that Christopher recorded an executive from wireless carrier ‘Sprint’ bragging about the eight million times his company had obtained GPS data on its customers for law enforcement agencies in the previous years.

To know more, read Christopher Soghoian’s dissertation titled "The Spies We Trust: Third Party Service Providers and Law Enforcement Surveillance". [PDF, 1056 Kb]

About Christopher Soghoian

Christopher Soghoian is a privacy researcher and activist, working at the intersection of technology, law and policy. He is a Principal Technologist and Senior Policy Analyst at the American Civil Liberties Union and is based in Washington, D.C.

Soghoian completed his Ph.D. at Indiana University in 2012, which focused on the role that third party service providers play in facilitating law enforcement surveillance of their customers. In order to gather data, he has made extensive use of the Freedom of Information Act, sued the Department of Justice pro se, and used several other investigative research methods. His research has appeared in publications including the Berkeley Technology Law Journal and been cited by several federal courts, including the Ninth Circuit Court of Appeals.

Between the years, 2009-2010, he was the first ever in-house technologist at the Federal Trade Commission's Division of Privacy and Identity Protection, where he worked on investigations of Facebook, Twitter, MySpace and Netflix. Prior to joining the FTC, he co-created the Do Not Track privacy anti-tracking mechanism now adopted by all of the major web browsers.

He is a TEDGlobal 2012 Fellow, was an Open Society Foundations Fellow between the years, 2011-2012, and was a Student Fellow at the Berkman Center for Internet & Society, Harvard University between 2008 and 2009.

For more details visit https://cis-india.org/internet-governance/role-of-us-tech-companies-in-govt-surveillance

The Spies We Trust: Third Party Service Providers and Law Enforcement Surveillance

praskrishna — 2012-07-31T04:47:48Z

Christopher Soghoian's dissertation was submitted to the faculty of the Graduate School in partial fulfillment of the requirements for the degree "Doctor of Philosophy" in the School of Informatics, Department of Computer Science, Indiana University

For more details visit https://cis-india.org/internet-governance/spies-we-trust

October 2011 Bulletin

praskrishna — 2012-07-25T04:53:06Z

Welcome to the Centre for Internet and Society newsletter! In this issue we bring you the updates of our research, events, media coverage and videos of some past events organized by us during October 2011.

Digital Natives

Key Research

On Fooling Around: Digital Natives and Politics in Asia
by Nishant Shah, Director-Research
Youths are not only actively participating in the politics of its times but also changing the way in which we understand the political processes of mobilisation, participation and transformation, writes Nishant. The paper was presented at the Digital Cultures in Asia conference at the Academia Sinica, Taipei, Taiwan.

Links in the Chain

Analog Relics in the Digital Age, volume 8, issue 4
Guest Editor: Nilofar Ansher
“The scale of inventions has not really leaped, so much as mutated. We had Twitter and Facebook ... (remember notice boards, community centers and pamphlets); they just weren’t so instant, hyperlinked and global in scale. We still use the medium of a mouthpiece and speaker to talk to each other long distance, the difference is in the changed aesthetics of the 21st century – it’s all squarish curves and scratch-proof glass that are more appealing today. Blackboards, writing material, listening devices and memory aids have undergone unprecedented transformations of function and usage, but it’s still about having a blank canvas to write upon with a chalk, pen, paper or iClick”, writes Nilofar in this issue of the Digital Natives newsletter.

Articles/Columns

In Search of the Other: Decoding Digital Natives: Nishant Shah charts the trajectories of our research at the Centre for Internet and Society (Bangalore, India) and Hivos (The Hague, The Netherlands) to see how alternative models of understanding these relationships can be built. This blog post by Nishant Shah was published in DML central on 24 October 2011.

Staff Quoted in the Media

The Write Stuff , Deccan Chronicle, 14 November 2011. Nishant Shah has been quoted in this article.

Accessibility

Publication

e-Accessibility Policy Handbook for Persons with Disabilities (Russian Version)
Edited by Nirmita Narasimhan
The e-Accessibility Policy Handbook for Persons with Disabilities is now available in Russian. The handbook is a joint publication of ITU, G3ict and the Centre for Internet and Society, in cooperation with the Hans Foundation. Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union wrote the preface, Dr. Sami Al-Basheer, Director, ITU-D wrote the introduction and Axel Leblois, Executive Director, G3ict wrote the foreword.

Blog Entry

The case for Accessible Banking by Dinesh Kaushal.

Access to Knowledge

Key Research

Of Jesters, Clowns and Pranksters: YouTube and the Condition of Collaborative Authorship
by Nishant Shah, Director-Research, Centre for Internet and Society
The idea of a single author creating cinematic objects in a well-controlled scheme of support system and production/distribution infrastructure has been fundamentally challenged by the emergence of digital video sharing sites like YouTube, writes Nishant in this essay published in the Journal of Moving Images.

Openness

Featured Research

Know Your Users, Match their Needs!
As Free Access to Law initiatives in the Global South enter into a new stage of maturity, they must be certain not to lose sight of their users’ needs. This blog post gives a summary of the “Good Practices Handbook”, a research output of the collaborative project Free Access to Law — Is it Here to Stay? undertaken by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society. Rebecca Schild and Prashant Iyengar from CIS were part of the research team.

Event Organised

Open Access to Academic Knowledge, organised by the Indian Institute of Science and CIS at National Centre for Science Information, Indian Institute of Science, Bangalore on 2 November 2011. Tom Dane participated in this event.

Event Participated

3rd Canadian Science Policy Conference, organised by Canadian Science Policy Conference from16 to 18 November 2011 at the Ottawa Convention Centre. Sunil Abraham spoke in the session on Global Implications of Open and Inclusive Innovation.

Announcement

The Wikimedia India Program Trust. A new entity, the “Wikimedia India Program Trust”, has been registered in Delhi. Sunil is a trustee.

Internet Governance

Comments / Submissions

CIS Comments on Finance Committee Statements to Open Letters on Unique Identity: The Parliamentary Finance Committee responded to the six open letters sent by CIS through an email on 12 October 2011. CIS has commented on the points raised by the Committee.
Comments on the National Policy of Information Technology: The NPIT 2011 has the laudable goal of making India a ‘knowledge economy with a global role’ by developing and deploying ICT solutions in all sectors to foster development within India and at a global level. CIS appreciates this initiative of the Department of Information Technology and offers brief comments to strengthen the draft.
CIS Comments on the Draft National Policy on Electronics: CIS submitted its comments to the request for comments put out by the Department of Information Technology on its draft 'National Policy on Electronics'.

Statement

India's Statement Proposing UN Committee for Internet-Related Policy: India made its statement at the 66th session of the United Nations General Assembly, its proposal for the UN Committee for Internet-Related Policy was presented.

Podcast

Professor Balaram talks Open Access : Tom Dane spoke with Professor P Balaram, Director of the Indian Institute of Science about the Open Access movement. A podcast of the interview is available for download.

Event Report

The 2nd IJLT-CIS Lecture Series — A Post-event Report : The 2nd IJLT-CIS Lecture Series was organised by the Indian Journal of Law and Technology and CIS on the 21st and 22nd of May 2011 at the National Law School of India University, Nagarbhavi, Bangalore. The main theme for this year was Emerging Issues in Privacy Law: Law, Policy and Practice.

Peer Review

Material Cyborgs; Asserted Boundaries
by Nishant Shah, Director-Research
Nishant explores the possibility of formulating the cyborg as an author or translator who is able to navigate between the different binaries of ‘meat–machine’, ‘digital–physical’, and ‘body–self’, using the abilities and the capabilities learnt in one system in an efficient and effective understanding of the other. The essay was published in the European Journal of English Studies, Volume 12, Issue 2.

Articles / Columns

What is Dilligaf? On the web, time moves at the speed of thought: Groups emerge, proliferate and are abandoned as new trends and fads take precedence. Nowhere else is this dramatic flux as apparent as in the language that evolves online. While SMS lingo – like TTYL (Talk To You Later) and LOL (Laughing Out Loud)– has endured and become a part of everyday language, new forms of speech are taking over. This article by Nishant Shah was published in GQ India.
The Book of Jobs The man who made the computer personal, who changed the face of the digital media industry, who was inspired by Zen philosophy to create an eight-billion-dollar empire, Steve Jobs, died last month. Just a few weeks before his death, in the midst of his painful illness, he told Walter Isaacson, the man chosen to write his authorised biography, “I really want to believe that something survives”. And Isaacson wrote him a fairy tale which will make sure that Jobs will be remembered beyond the gizmos and gimmicks, writes Nishant Shah in this article published in the Indian Express on 12 November 2011.

Staff Quoted in the Media

Is Facebook tracking your virtual footprints? by Sheetal Sukhija in MidDay, 22 November 2011. Sunil Abraham was quoted in this article.
M-governance gains momentum by Vasudha Venugopal in the Hindu, 20 November 2011.
Learn it Yourself: The peer-to-peer world of online learning encourages conversations and reciprocal learning, writes Nishant Shah. The article was published by the Indian Express on 30 October 2011. Nishant Shah is quoted in this article.
SOPA: The bill that could kill the Internet by Suw Charman-Anderson in Firstpost.Technology, 16 November 2011.
Broadband user base still has a long way to go, by Leslie D’Monte & Deepti Chaudhary in Livemint, 15 November 2011. Sunil Abraham has been quoted in this article.
Not mandatory’ but maids, guards get fingerprinted by Hemanth Kashyap in Bangalore Mirror, 9 November 2011. Sunil Abraham has been quoted in this article.
Netizen Report: Transparency Edition by Rebecca MacKinnon in Global Voices Online, 7 November 2011.
Blocking online content: Google gets more requests than govt by Pallavi Polanki in Firstpost.com, 2 November 2011. Pranesh Prakash has been quoted in this article.

Blog Entries

Sources of CIS Funding by Pranesh Prakash on 9 November 2011.

TRAI urged to take action against P2P throttling and DNS hijacking by Anand on 9 November 2011.

Events Organised

Exposing Data: Art Slash Activism organised by Tactical Tech and CIS at CIS office in Bangalore on 28 November 2011. Ward Smith and Stephanie Hankey (Co-founders of TTC), Ayisha Abraham (Filmmaker, Srishti School of Art Design) and Zainab Bawa (Research Fellow, CIS) gave a lecture.
Droidcon India, first Android Conference in Bangalore, organised by CIS in collaboration with Droidcon.com, Bangalore Android User Group, MobileMonday Bangalore and Android Advices on 18 and 19 November 2011 at the MLR Convention Centre, Bangalore.

Events Participated

Western Ghats Portal: Workshop on Biodiversity Informatics organised by the Western Ghats Portal team at the Ashoka Trust for Research in Ecology and Environment, 25 November 2011. Sunil Abraham spoke in the session on Scientific Commons and Policy.
Names Not Numbers Mumbai, 26 November 2011. Nishant Shah spoke in a panel on “The New Digital Individual: Is New Technology Liberating or Enslaving?”. The event was organised by Editorial Intelligence and partners which included the British Council and Financial Times, BBC World News, Mumbai first, Vodafone, Trident and Godrej India Cultural Lab.

Video

Facebook Resistance Workshop at CIS. This was a workshop for people to learn on how to think beyond the rules and limitations of Facebook, to tweak and play around the features and design to generate useful, creative, and funny concepts and explore how this creative intervention can be turned into a real software developed by the Facebook Resistance.

Telecom

Article / Column

Telecom Path-Breaker?
Does the draft National Telecom Policy-2011 reflect true brilliance or smoke-and-mirrors? It will be a game-changer if a shared network is implemented effectively, writes Shyam Ponappa in this article published in the Business Standard on 3 November 2011.

Follow us elsewhere

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit our website here

CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/october-2011-bulletin

WIPO SCCR 24 Pre-lunch Text (July 24, 2012)

praskrishna — 2012-07-25T03:51:38Z

This is a rough transcript of the WIPO-SCCR discussions.

For more details visit https://cis-india.org/a2k/2012-07-24-sccr-24-pre-lunch.txt