Centre for Internet and Society

Pleasure and Pornography: Pornography and the Blindfolded Gaze of the Law

namita — 2011-08-02T08:37:23Z

In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity. Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, Namita Malhotra, in this second post documenting her CIS-RAW project, explores certain judgments that indeed deal with pornographic texts and uncovers the squeamishness that ensures that pornography as an object keeps disappearing before the law.

When Justicia, blindfolded, cannot see the profane …

In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity (1). Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, I would like to explore certain judgments that indeed deal with pornographic texts and uncover the squeamishness that ensures that pornography as an object keeps disappearing before the law.

For instance, in the case of Fatima Riswana V. Chennai & Ors. (2) both the public prosecutor and counsel for the petitioners applied to the court for transfer to another (male) judge, to save the District Lady Judge from embarrassment. The order for transfer was passed, so that the District Lady Judge does not have to view certain CDs that are part of the evidence. The justification for this is that the 'said trial would be about the exploitation of women and their use in sexual escapades by the accused, and the evidence in the case is in the form of CDs, viewing of which would be necessary in the course of the trial; therefore, for a woman Presiding Officer it would cause embarrassment'.

This is a rather obvious case, where explicit and pornographic material is made to disappear before the eyes of the law, gesturing towards the larger complicity that allows society and law to create a ruckus about Richard Gere and Shilpa Shetty’s kiss, HBO's English movie channel, dance bars and other such aspects of the sleazy modernity that we inhabit (3), but simultaneously is oblivious to circulation of pornography, both online and offline.

In a rather confrontational visual juxtaposition, I place Savita Bhabhi alongside Husain’s Mother India, to be able to ask several questions, including the question of which one’s existence has been more threatened by the law. There is almost no doubt about it; Savita Bhabhi’s chequered career as a slutty housewife has been marred only by two scandals (and several almost patriotic accounts of India having finally arrived (4)) – once when a child sent an MMS about his teacher and it made references to Savita Bhabi, which led to some mention of action that might be taken against the website (5), and another time when Karan Johar (Mid Day, Delhi – 31 March 2009) remarked that one of the characters, Jeet, has a look similar to that given to Amitabh Bachchan in 'Kabhi Alvida Naa Kehna', and this might be a case of copyright infringement. Neither of these have resulted in any serious charge against the alleged anonymous producers, Indian Porn Empire, or what is more probable, the blocking of the website regardless of whether the producers/creators can be found and prosecuted. However Husain’s untitled painting, which surfaced on a website for an auction for victims of a Kashmir earthquake in 2006 (two years after it was first sold by the painter), was dragged to court on serious charges of obscenity, which fortunately led to a rather progressive judgment on obscenity by the Delhi High Court.

Returning to the two images of nude women, obscenity law in India has laid down that “nudity in art and literature is not per se evidence of obscenity”. As stated in the judgment that dealt with the circulation of Hussain’s untitled painting (later titled 'Bharat Mata') 'the work as a whole must be considered, the obscene matter must be considered by itself and separately to find out whether it is so gross and its obscenity so decided that it is likely to deprave and corrupt those whose minds are open to influences of this sort'. What renders an object obscene is the transaction rather than the text -- a transaction involving the depiction-consumption of the female body , and the sexualisation of the viewer who in turn sexualises the object. It is not just that the painting/image may already be sexualized but also that the public is in turn sexualised by looking at it (and sexualises it with its gaze), thus making them vulnerable to the perversion that is modernity itself and the pornographic gaze (Nitya Vasudevan and Namita A. Malhotra, State of Desire - Unpublished article). To put it simply, the anxiety of the state is not just about the object, but also about its circulation in the public, and the meanings it acquires through these series of transactions.

Legal and public discourse is often obsessed with the various meanings that become possible because of the placing of this naked body - or the transactions of this naked body with the context, background, narrative that it is placed in. Though seemingly sexualised already as a naked body (this can be refuted not only by the Indian court but various examples in art, religious architecture, etc.) the meanings it may carry are further complicated when it is placed in a pornographic comic online, bearing a crown and saying 'I will be Miss India', or as a faceless hazy outline in the foreground of the map of India. Hussain’s depiction of the naked woman on the map of India, embodying India (in pain or anger) carries many jostling, conflicting meanings. Inspite of the furore over the painting, the High Court finally held that the painting was not obscene, stating that the intention of the painter was to evoke sympathy for a woman – indeed a nation – in distress (6) . However what is intriguing, is that Savita Bhabi’s body, her markings of Indian-ness, her poses and postures are not examined to that extent either by the court or the public.

Pornography, as obscenity in its aggravated form or explicit depiction of sexual acts without a relevant or coherent narrative, has been dropped from both legal discourse and academic and cultural analysis--is it possible to surmise that this has happened because it can be read as a blank slate, a place where meanings cannot be read, felt or inferred? Pornographic movies are spliced into mainstream films, circulate surreptitiously through video stores, piracy markets or though online spaces that cannot be easily accessed because of regulations and filters in most places –- colleges, homes, schools, offices, cybercafes (7) etc. Can we surmise that the transaction of the sexualized gaze with the obscene object has been, in this way, so removed from public gaze that it does not merit discomfort and anxiety for the state or public, unless it nefariously slips into public discourse (DPS MMS, Noida MMS, Mysore Mallige)? As long as it is a secretive (even if mass) consumption, it does not disturb the heternormative familiar and familial in the manner that an object whose obscenity is not quite obvious or clear does – for example, HBO's English movie channel (8).

In this context, let us look at an excerpt from the progressive judgment on Hussain’s painting, which demonstrates the extent to which the court has to read the meanings of an image to determine whether it is obscene or not, but simultaneously, by not ever having to interact with a pornographic text, the court (or the public) does not have to see that there are many meanings embedded in such an image as well.

'One of the tests in relation to judging nude/semi nude pictures of women as obscene is also a particular posture or pose or the surrounding circumstances which may render it to be obscene, but in the present painting, apart from what is already stated above, the contours of the woman’s body represent nothing more than the boundaries/map of India.

Even if a different view had to be taken that if the painter wanted to depict India in human form, it may have been more appropriate to cloth the woman in some manner may be by draping a sari or by a flowing cloth etc., but that alone cannot be made a ground to prosecute the painter. There can be a numbers of postures or poses that one can think of which can really stimulate a man’s deepest hidden passions and desires. To my mind, art should not be seen in isolation without going into its onomatopoetic meaning and it is here I quote Mr. Justice Stewart of the US Supreme Court in Jacobellis v. Ohio 378 U.S. 184 (1964) who defined ‘obscenity’ as, “I will know it when I see it”. The nude woman in the impugned painting is not shown in any peculiar kind of a pose or posture nor are her surroundings so painted which may arouse sexual feelings or that of lust in the minds of the deviants in order to call it obscene. The placement of the Ashoka Chakra or the States in the painting is also not on any particular body part of the woman which may be deemed to show disrespect to the Ashoka Chakra/States and the same was conceded by the learned counsel for the respondent during the course of the arguments advanced.

It is possible that some persons may hold a more orthodox or conservative view on the depiction of Bharat Mata as nude in the painting but that itself would not suffice to give rise to a criminal prosecution of a person like the petitioner who may have more liberal thoughts in respect of mode and manner of depiction of Bharat Mata.' (9)

A body that doesn’t carry inscriptions of cities on different body parts, but is definitely inscribed as Indian is that of Savita Bhabi – from the mangalsutra that never comes off even during doggy-style sex, the sari that slips off rather easily, the bindi, the gestures and mannerisms, to the stories that place her in sexual encounters with familiar people – the bra salesman, the old boyfriend, the cousin, the doctor, the woman colleague, the boss, the aging star and many others.

Savita Bhabhi thus carries as many confusing, jostling meanings as a pornographic text. For instance, she refers to recession and aspirations to become Miss India. She ventures into the fantasy world of her fans, since many of her stories are drawn from their stories on the Savita Bhabi website and fansite –- whether these stories are make-believe or true is irrelevant. These resonances of the text beyond mere sexual arousal are obvious. Even if one were to ignore Linda Williams (10) and inferences from Foucault that pornography becomes one of the many forms in which knowledge of pleasure is organised, it is obvious that from varied perspectives within film studies and legal studies, pornography merits examination. Williams' point also seems to provide some insight into why pornographic circulation doesn't merit much anxiety from the state or in the law; if pornography is organised in consonance with the heteronormative familiar and familial and accessible primarily by men, then maybe it is not such a big surprise that the state or the law is not really invested in controlling pornography, since pornography itself is controlling modes of sexuality and/or sexual expression.

Returning to the comparison, Hussain's untitled nude body on the map of India is literally marked. She carries these inscriptions -- Gujarat on one breast, Bangalore between her thighs, Chennai on her calves, Goa on her hip. Savita Bhabi is marked by her sari, her bindi, her blouse, her aesthetic sense, her fantasies of film stars, her stories of encounters in dressing rooms and myriad other recognizable details -- that mark her as Indian, or at least as living in India, in an Indian (albeit a privileged fair North Indian) body. However, it is Husain's untitled painting -- not called Bharat Mata (and the painting doesn't seem to signify a maternal relation but that of a wounded woman or pained woman) -- that goes to court on charges of obscenity.

Before looking at the few judgments that deal with the actual pornographic text, I take a detour to look at another iconic female figure -- that of Justice. Though clothed, she is blindfolded, so as to be able to discern even a fraction of a slip in the scales of justice; visual cognition would not be sufficient for her to recognise such a slip. As explained by Costas Douzinas, ('The Legality of the Image, lecture – December, 1999), ‘Justice must be blindfolded to avoid the temptation of facing the concrete person and putting individual characteristics before the abstract logic of the institution'. Martin Jay traces the trajectory of how justice became blindfolded through the ages, in the article 'Must Justice Be Blind' (11). Justice was initially wide-eyed and alert; she was blindfolded by the Fool in a period when corruption of the rulers was rampant; she was immortalised by Vermeer as staring at empty scales; and in a transitory state before being completely blinded she had two heads, with a pair of eyes that could see, and a pair that was blindfolded -- shielded, maybe, from the profane and from embarrassment.

I look at this blindness of the judicial system that allows pornography to circulate, while pinning down the obscene and examining minutely its various meanings. The obscene ('Satyam Shivam Sundarmam', 'Prajapati' – a Bengali magazine which carries short stories, 'Lady Chatterley’s Lover', 'Bandit Queen') is examined firstly, for whether it is so gross, though grossness or vulgarity as such is not enough to establish obscenity. And secondly, for whether it has the tendency to deprave and corrupt those whose minds are open to such influences and into whose hands -- or rather, vision -- such an object might fall (this is what allows for the circulation in limited publics -- adult audiences, time slots on television).

Hard and Near Hard Pornography: Close Encounters of the Law with the Profane

In the case of Anonymous vs. the Commissioner Of Police (12), yet another encounter takes place between the embarrassed law and the pornographic text. The excerpt below describes the encounter of two women advocates asked by the court to examine what movies are being exhibited at a specific theatre. In the peculiar clash of social mores, that ensure who has access to pornography, and the law, that ensures equal access to all legally sanctioned media to everyone, the movie theatre was held responsible for violating the fundamental right of women to have access to their premises -- and thus access to pornography.

'We approached the booking counter of Rs. 20/- and asked for tickets. The booking clerk first informed us that it is an English movie and it is not meant for ladies to view. When we insisted for tickets, he asked us to come inside the booking room from the main entrance of the theatre. When we were entering the theatre, the gate-man informed us that ladies are not permitted as it is a "SEX MOVIE".

However, we walked into the booking room. Booking clerk issued us Box-A tickets and further asked us to see the Manager before taking seats. We did not see the Manager but directly went to Box-A and took seats. Even the Box-A doorman asked us to leave the theatre advising us that we being ladies cannot see it as the movie is a "SEX MOVIE". When the movie began at 12.00 P.M. simultaneously the Manager along with two men switched on the lights in Box-A and asked us to leave the hall immediately. Since he repeatedly insisted us to leave, we both came out of Box-A. On coming out we enquired as to why we should not see the movie, to which the Manager replied that it is a "BF". On asking for further clarification of "BF", the Manager stated that it means "BLUE FILM". When we asked him to identify himself, he informed us that he is Mr. Prasad, Manager of the Theatre, as such he has every right to ask us to leave. When we asked as to how it was not advertised that the movie is meant for men only, he retorted that "It is understood that whenever English movies are played in this theatre, ladies are strictly not permitted." As such we were forced to leave the theatre immediately.'

The question before the court was whether the films exhibited in this theatre were being exhibited in accordance with the censor certificate or whether there was any tampering; whether there was any other device or contrivance to interpolate or intermingle blue films with any otherwise innocent-looking film. Here, though the court had taken it upon itself to address the pornographic text, it ran into a series of complications when merely trying to access the text or the evidence itself, as two women advocates were sent to determine if there was an illegal film exhibition taking place. Pornography seems to be continuously disappearing even on the rare occasion when it is addressed directly by the court, especially in the court's attempt to precisely locate the moment of transaction of the gaze with the pornographic object.

The court, when allowed to examine the film exhibited, found that it was 'a hotch potch of short films, advertisement films, party propaganda films, Hindi and Telugu feature film bits'. (13) The court finally located the pornographic segments (squeezing breasts in a tub, cunnilingus, brutal murder scene) and the court’s comment was that 'normal scenes were replaced by sexy scenes'. The recommendation of those who examined the films that were ostensibly being spliced into Secret Games 3 and Dark Dancers is that, 'The only course proper is not to permit entry into the country for such films which prima facie may be classified hard or near-hard'. Though the term near-hard is amusing and unique classification of pornography, maybe it's a Freudian slip by a judicial system caught between disgusted arousal and embarrassment.

Finally, in this judgment, the court had to acknowledge its own blindness -- that there is ‘some hole somewhere in the system so that even excised portions by the Censor Board of the films have found their way to the theatres’, including portions that were never passed through the censor certification process at all.

Whose Hard-On (or Near Hard-On) Are We Looking for: The Law in Its Search for the Profane

In 2005, two teenagers frolicking were captured on a mobile phone camera, and the clip circulated first through mobile phones and then subsequently on the internet. The clip sparked off a phenomenon of hidden camera and mobile phone clips -- a booming pornographic enterprise now on the internet. For a split second, it seemed as though any kind of desire could become pornographic, captured in an ubiquitous medium and transmitted throughout the country. That thrill and anxiety was possibly grasped at slightly in Anurag Kashyap’s Dev.D, where Chanda -- the prostitute, or the other of the good girl -- is the one depicted as the unknown girl who was part of the MMS clip. Very few films have been able to grasp the visceral embarrassment and immediacy of desire as Dev.D does, and it is possibly not the story of Chanda, but that of Paro that achieves this. Paro, who sends nude pictures of herself across continents; Paro, the cyber-sexer; Paro, the entirely relatable slut who cycles with a mattress across fields of mustard in small town Punjab because she desires sex.

After three and a half years (countless MMSs, one movie reference, and a few academic articles later) the court passes judgment in this case – of who possibly can be held liable for the circulation of the MMS clip online, and specifically its sale on Bazee.com (an eBay subsidiary) by an IIT student (Avnish Bajaj vs State on 29/5/2008 by Muralidhar J.). In this case, it is not the pornographic text that keeps slipping and eluding the grasp of the court; the problem is in the inability, especially in the age of the internet, to fix the transactions around such an object that is rapidly changing hands and circulating at an exponential speed through the internet.

The court is in a bind -- the wrong person is accused. Not the corporate body of Bazee but the CEO of Bazee himself (the boy is a juvenile so is facing lesser charges in the juvenile court). The court has the responsibility to fix the blame of the circulation of the obscene object on Avinash Bajaj, without being able to establish that there is any knowledge on his part about the existence of the clip. Though the court was able to establish that there was negligence on the part of Bazee in running the website (in spite of notification, the clip remained on sale for a whole working day after the complaint), and that the filters used by Bazee were obviously inadequate to control what is sold through the website, it was still not possible to find the CEO liable for obscenity charges. If the company had been charged, this would have been possible. Eventually, even though obscenity as a charge couldn’t stick, similar provisions in the IT Act (Section 67 read with Section 85) were used to charge Avinash Bajaj himself, as opposed to Bazee (the corporate body or the company itself).

Here again the court is forced to confront a pornographic text only in instances where there has been a public furore around it, and the eventual judgment is not likely to be able to even remotely address the phenomenon of MMS clips and hidden camera footage from cybercafes and hostels that has been spawned as a result of this incident. The slippery transaction of the gaze with the pornographic object is difficult to fix though in a different way from the earlier judgment – here the pornographic nature of the text is understood rather than examined, more for its violation of privacy than actual elements of obscenity. But it is still hard to determine for the law, especially with the internet, how and by whom has circulation of the pornographic object has taken place and to fix these transactions to ensure legal culpability.

*****
Curiously this tale of women advocates and judges as representatives of law and justice, who are averting their gaze from the pornographic text or find that the text is constantly eluding their legal stare, must deal in its closure with the figure of the male judge. Anne McClintock’s male judge in her article ‘Screwing the System’ (14) is a judge who gets a hard-on each time he sentences a prostitute -- a judge who otherwise pays to be beaten by the very same prostitutes. The Hidayatullah paradox of obscenity law is that the judge who decides on obscenity has to decide on the basis of whether he is affected, or rather aroused -- and if he is turned on, then how is he any longer the reasonable judge, or even the 'reasonable man' who can be expected to pass judgment with the dispassionate authority of law? The work of both Shrimoyee N. Ghosh (on the dance bar judgment) and Lawrence Liang (on cinema and the law) on the relation between law and affect, gestures towards an interesting puzzle for us to consider here: if we could look into the eyes of justice, if she were not blindfolded, what would we see? And is the purpose of the blindfold indeed to prevent us from observing the affective life of law itself – its arousal, disgust and embarrassment?

Endnotes:

1. Ranjit Udeshi v. State of Maharashtra. Only in the recent fairly progressive judgment on Hussain’s painting, that held eventually after examining it, that it was not obscene, was there an attempt at giving some distinction to the category of pornography apart from it being an aggravated form of obscenity and to say that it, as a class of objects, images, paintings, videos, is designed for sexual arousal, while other material which may or may not be obscene is meant to have other meanings. Such reading of the author’s intentions is a convoluted way of restating Justice Potter’s statement – 'I know it (hard core), when I see it'.
2. Fatima Riswana v. State Rep. By A.C.P., Chennai & Ors.Case No.: Appeal (crl.) 61-62 of 2005
3. -'…in a clear shift of subject matter, what we are now seeing is an explicitly politicized moral censor looking at all this—looking not so much at the sex industry as at society-in-general, at society itself now theatricalised into a morbid stage of sleaze'. Ashish Rajadhyaksha, in his essay ‘Is Realism Pornographic?,’ which deals with the writings of Pramod Navalkar, former Minister for Culture in Maharashtra, points to how explicit or hard-core pornography does not seem to be the concern as much as a whole range of practices attached to the phenomenon of modernity
4. Anastasia Guha, The Beatitudes Of A Bountiful Bhabhi, Tehelka, Vol 5, Issue 19, Dated May 17, 2008. Available online at http://www.tehelka.com/story_main39.asp?filename=hub170508the_beatitudes.asp
5. Savitha Bhabi threatened, http://infotech.indiatimes.com/quickiearticleshow/3476748.cms
6. For instance, the court held that in Bandit Queen, the nudity during the sequence of rape and torture of Phoolan Devi is necessary in the narrative and essential for the impact and the moral that the story is trying to convey – her anger with the upper caste feudal landlords and her quest for justice become identifiable for the viewer, and hence the nudity is in fact necessary in the story, and has no ‘tendency to deprave or corrupt’.
7. The regulation of cybercafes takes place in a manner reminiscent of how cinema spaces such as movie theatres were sought to be regulated by the colonial law. Current laws demand placing of computers so monitors face outward, use of identity cards for every visit, data retention for at least a month for most users, etc.
8. Though the latter might be a valid assumption (and certainly beneficial for us) it is an assumption whose presumptuous certainties are shaken in the age of the internet, especially that primarily men access pornography and cyber sex through these newly opening up online spaces.
9. Maqbool Fida Husain v. Raj Kumar Pandey CRL. REVISION PETITION No. 114/2007. Decided on 08-05-2008

10. Williams, Linda. Hard Core: Power, Pleasure and the Frenzy of the Visible. Berkeley: University of California Press, 1989
11. Costas Douzinas, Lynda Nead (Eds), Law and the Image: the Authority of Art and the Aesthetics of Law. University of Chicago Press, 1999
12. Anonymous Letter-Un-Signed vs The Commissioner Of Police And Others on 26 December, 1996
13. For a judicial system that is invested in narrative film or narrative structure for reasons of copyright law (see generally Anne Baron, The Legal Property of Film) or for aesthetic reasons, as is evident from the judgment in Bandit Queen (that held nudity when she was paraded naked in front of the villagers to not be obscene because those scenes are needed for a narrative impact – for people to feel moved and disgusted by Phoolan Devi’s plight) it must also be a different kind of horror to find films chopped up into twenty sundry pieces, the last piece thrown somewhere else.
14. Anne McClintock, Screwing the System: Sexwork, Race and the Law, Boundary 2, Vol. 19, No. 2, Feminism and Postmodernism (Summer, 1992), 70-95.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography

The 'Dark Fibre' Files: Interview with Jamie King and Peter Mann

siddharth — 2011-08-04T04:41:31Z

Film-makers Jamie King (producer/director of the 'Steal This Film' series) and Peter Mann, in conversation with Siddharth Chadha, on 'Dark Fibre', their latest production, being filmed in Bangalore

'Dark Fibre' is a documentary/fiction hybrid by J. J. King, producer/director of the 'Steal This Film' series, which has already reached over six million people online and is working towards achieving international television distribution, and Peter Mann, a British film-maker whose most recent work is titled 'Sargy Mann'.

'Dark Fibre' is set amongst the cablewallahs of Bangalore, and uses the device of cabling to traverse different aspects of informational life in the city. It follows the lives of real cablewallahs and examines the political status of their activities.The fictional elements arrive in the form of a young apprentice cablewallah who attempts to unite the disparate home-brew networks in the city into a grassroots, horizontal 'people's network'. Some support the activity and some vehemently oppose it -- but what no one expects is the emergence of a seditious, unlicensed and anonymous new channel which begins to transform people's imaginations in the city. Our young cable apprentice is tasked with tracking down the channel, as powerful political forces array themselves against it. Not only the 'security' of the city, but his own wellbeing depend on whether he finds it, and whether it proves possible to stop its distribution. Meanwhile, mysterious elements from outside India -- possibly emissaries of a still-greater power -- are appearing on the scene. This quest for the unknown channel is reminiscent of a modern-day 'Moby Dick', with the city of Bangalore as the high seas and our cable apprentice a reluctant Ahab. The action is a combination of verite, improvisation and scripted action.

In conversation with Jamie and Peter in Bangalore

Q: How did you get the idea to make Dark Fibre, a fiction film?

Peter:

We first met through BritDoc--British Documentary--and they run Channel 4 which is a Film Foundation. They have been good to us. They funded both Steal This Film and 'Sargy Mann'--a film on my father who is a blind man. They organised a meeting of all the directors they had funded and we met there. We were both thinking about what to do next and felt frustrated because we were making documentaries but really wanted to make fiction. We both shared the same ideas, with regard to shooting something completely as it is but presenting it in a fictional context.

Jamie:

And furthermore, we agreed that documentaries are not really real life. Because at the end of the day, I will keep only what I like, make you look at the way I want you to, I would cut you out of the picture if I don't agree with you. This happens even with the most worthy of the films. And you can be more truthful in fiction because its always a subjective truth. Fiction allows things to remain more real. I don't need an argument in the film. If I can just say, here is one guy's story and this is his story, then you can see the city with no bullshit. The story would allow you to look at things as they are; it's partly that idea behind Dark Fibre.

Peter:

This is in some way related to the concept of the artistic truth. You use all the tools at your disposal to tell a story, not just literal facts. This is about presenting things within an atmosphere, presenting things in a context. This then adds up to someone understanding something about the world, and I think fiction serves that better than documentary.

Q: What brings you to India to make Dark Fibre?

Jamie:

I think the cablewallah networks are unique. I have never seen anything like this anywhere else myself. India is also in a very, very interesting time and place. The idea of information as a commodity is alive here as it isn't in many other places. The value of information is very high here. There is a western imaginary of Bangalore which is immediately fascinating. It's the place where our information is processed. This is where our credit card and our phone data goes. And it enters a weird black market that we don't understand. This is the cliché. We already have cliché films about Bombay and call centers. We do not want to put a call center into the film because that is already the imagined cliché vision of Bangalore. It is obviously far more sophisticated than that. And in some ways it is far patchier than that. Who are these information workers? What are they doing and at which level are they doing it? Are they the street workers putting cables into walls or is it the guy at Infosys who is hiring people and teaching them to fake English accents? Which is the real information worker? That variegation of information life in Bangalore is interesting, not just to us, but, I think, to everybody. Information dexterity is perceived as the signature of Northern dominance. The ability to manipulate information, to move intellectual property, to transform an idea into a product, to transform someone else's idea into your property. That kind of dexterity is seen as the keynote of western dominance. And watching a developing country transform into an information dextrous economy, seeing information dextrous people is amazing. And then there is the patchiness of it--who gets left behind? Who gets included? Whats missed out and what is added in that vision? How is it manipulated in favor of big businesses? And all of this is fascinating not only from an orientalist's point of view but from a general economic-socio-political point of view.

Q: What is the underlying concept that brought about Dark Fibre?

Jamie:

While making 'Steal This Film' we spent a year on a 36 minute film trying to make an argument that would be staunch, impactful, and radical. What we learned is that it's very difficult to set out to argue your way to the truth. It's relatively easier to let the world itself speak and in the meanwhile observe it in detail. The kind of issues we are engaging with in Dark Fibre are around people's relationships with information and their relationship with freedom. These are very, very hard to nail down and speak about in a radical way. These are things left to the Intellectual Property lawyers, it's already happening, it's already cliché. All the arguments are already written. And even after a year of Steal This Film, it's shown in liberal universities – Wait! Liberal universities? I was supposed to be an anarchist! We want to go further. We want to tell people things through an image.

Peter:

Our idea of relationships is exploring the parallel physical communications networks and the virtual networks. In a city like Bangalore you see it. The traffic here is chaotic but it works. How? There is no answer to that. But it provokes questions. Through Dark Fibre, we are trying to say that there is a potential network in the city (cablewallahs) which is currently being unused and asking what it would take to unlock that potential and where would it take us if that really happens.

Q: Why the cablewallahs? What is so fascinating about them?

Jamie:

Yes, we are interested in the cablewallah network and I think it's quite perverse that it makes people from around here laugh. You see cablewallahs as a fact of life, probably a mundane fact of life. Westerners, Europeans, who are used to orderly deployments of information technology are completely blown away when you tell them that this is how it works in India. Ad hoc, grassroots, messy, out of control.

Peter:

To the West, it is just unthinkable that the government would allow something like these networks, which supply 24 hours television. To not have these under government control is unthinkable.

Jamie:

So, obviously, we are at a point of transition where it's unthinkable to the Global North and it would become unthinkable here too. We are in the middle of that shift and thats one of the things we are trying to document; the network form, which is horizontal, ad hoc and on the street, becomes not only regulated but seditious.

Q: Why would you call it seditious?

Jamie:

Because it begins to be seen as almost dangerous. As the regulators move in, they take Direct to Home control of all the deployments of their intellectual properties. The older networks start to look not only like intellectual property right infringements, but their disorder is also seen to be terrorist.

Q: What is the film trying to propose through linking these cablewallah networks?

Jamie:

Our proposal in this film is - "What if instead of just dying peacefully, someone had the idea of transforming these networks that used to deliver international and local content, by connecting them together, and turning them in to massive local media networks which are used for media sharing, file sharing, your own local channel?" There is a potential because the network is already there.

Peter:

In a way, if you think about the microcosm idea of the Internet as a whole, that essentially is what our plot is. On a certain level you would say that it's just a network but then the internet is the most important driving force of the world today.

Jamie:

The point is that once this idea is out, we can create the infrastructure to connect the entire city, infrastructure we can all use. Everyone starts to have a stake in it, be it the newspapers, TV channels, pirate markets (they will say, "No one is buying our shit anymore because they can share it over the network"), the computer manufacturers, the importer of Chinese routers, a gangster who thinks he can advertise on the network, the intellectual property lawyer... different people start getting the idea that they might have something to do with this network. Basically this is a chaos scenario, from which arises the plot. It is a fictional scenario but is set in the reality of information sharing here today.

Q: What is the technique you use to make the plot hybrid fictional?

Jamie:

The main character is played by an actor and he will be an embedded actor, working with the real cablewallah. Parts of it will be documentary, seeing how the cablewallah works and the viewer, through watching this actor, will understand how the network works. We have already spoken to some cablewallahs. And they have been very happy about all this. We see this as sort of embedded journalism, where the embedded actor takes the place of an interviewer. The film is not going to be historical. The characters will have a background and the film is going to have a background, but what we are trying to do is show the 'now'. We want to make it speak about the past and speak about the future. About our future.

Q: 'Steal This Film' was a critique of the international intellectual property regimes. Would this film also be similarly advocative?

Jamie:

We are going to the next level from 'Steal This Film', and this is more of my argument than Peter's -- that the conversation about Intellectual Propery is over or the film is the last word at all. But I personally need to go somewhere else to say more. I am interested in information in general. And how information affects what we can think, what we can dream, what we can be, how it forms all of us -- that is what we are working on in 'Dark Fibre' and the question of intellectual property is a subset of that question. We spend a lot of time talking about ideas and that's one of the things that connects us. We want to articulate a lot of the philosophical, abstract ideas in this film. And we will see if we can manage to do it in a new context. 'Steal This Film' interested a few people and this will be the next point of departure for discussion.

Q: Peter, do you share Jamie's passion for Intellectual Property?

Peter:

Not in the same way. I am very interested in the subject. Anybody who creates work is interested in it. In my last film, there is a constant commentary of a test match going on and as a result of it, it is almost impossible to sell it to television; people who own the rights to the cricket say that we have to pay them thousands of pounds! I am interested in documenting the world as it is and not what is cleaned up for TV. I am interested in the specifics. If you get on a bus in London, the ringtone everyone has on a mobile phone is not a ringtone but a particular song. But you can't put that on film because Mick Jagger, or whoever the artiste is, will want ten thousand pounds for it. The frustration that I face is that it is impossible to put the world that I see in front of me on film. I used to work with TV commercials and you would never see anything in commercials that is not the product being sold. I was once working on a Coca Cola commercial in New York and there was a person who was appointed by Coca Cola to go around the whole set to ensure that no one is drinking anything that is not made by Coca Cola, whether that is water or juice. Anything. And I think all that is about creating a creased world that we don't live in. I am interested in the world, through documentaries or fiction, that we live in. And it is bits of music, it is referenced films, we reference music, we reference sport. Just because people have rights over these, you never see them on film. That is my main area of interest, more than what is happening on the legal front.

For more details visit https://cis-india.org/a2k/blogs/dark-fibre-files

Open access conference seeks to free research

sachia — 2011-04-02T16:10:58Z

Article by Amulya Gopalakrishnan in the Indian Express (New Delhi), 26 March 2009

When Newton famously remarked that if he had seen further than others, it was by “standing on the shoulders of giants”, he wasn’t just being modest. He was stating the simple fact that knowledge builds on previous knowledge, that the back and forth of ideas is vital for scientific achievement. Though the current proprietory publishing model is stacked against scholars, an emerging open access movement across the world aims to free scientific content - and India has big stakes in it.

A conference in New Delhi brought together open access evangelists including Prof. John Willinsky of Stanford University, Prof Leslie Chan of the University of Toronto, Prof Surendra Prasad of IIT Delhi, Dr D K Sahu of MedKnow Publications, and Narendra Kumar of CSIR.

Now, all research papers published from CSIR labs will be made open access, either by putting the full text on freely available institutional repositories or publishing directly in open access journals. Meanwhile, across the world, MIT has become the first university to throw open all its research papers through the online repository software DSpace.

Globally, academic tenure and promotion is traditionally linked to research published in reputed, peer-reviewed journals. These journals are owned by commercial behemoths like Springer and Reed Elsevier, who own stables of journals in various disciplines, and dictate terms to university libraries. But in recent years, journal prices have shot through the roof.

Now, after years of weary negotiation, and empowered by new digital infrastructure, universities are teaming up via free institutional repository systems, to pool and circulate their collective research. In India, institutes like NIT Rourkela have adopted super-archives like DSpace for another reason — to showcase their scientific output to global peers. “NIT doesn’t have the research legacy of IIT or IISC — they needed the visibility,” says NIT director Sunil Kumar Sarangi.

Such a knowledge commons is especially valuable to developing countries — for instance, in agricultural research or public health, it is inexcusable that countries which could benefit most from the scientific debate are left out of the loop, simply because of prohibitive pricing (some journals cost up to 20,000 dollars, annually). This only widens the gulf between the state of research here and the US or Europe.

Even research produced in India with our taxpayer money is sent to big-name commercial journals and all copyright signed away, putting it out of reach for the Indian scholarly community. But all that could change if open access journals become the norm. S K Sahu, who runs MedKnow publications (over 80 open access journals), also busted claims that content on such journals tends to vanish into the ether after a few years online.

-----

To read the article at the Indian Express website, click here.

For more details visit https://cis-india.org/news/open-access-conference-seeks-to-free-research

'The Dark Face of Google'

sachia — 2009-03-24T06:51:47Z

Talk by Patrice Riemens

The extraordinary rise of Google Inc. from a 'confidential' search site in the late nineties, the heydays of Altavista, to its present preminent status on the internet, has attracted a lot of attention. The admirers see Google as the incarnation of things to come, not only in information retrieval & management, and not even on the Internet only, but in the economy and society as a whole. The nay-sayers variously view Google as a flattening behemoth of digital information, or as a cultural war machine, bent on the Americanisation of the planet, and generally as a mendacious commercial monopoly pretending to 'do no evil' while hypocritically promoting open source, access, and life in general.

Outside this discussion stand an ever growing mass of millions of users who ask no questions, profess neither admiration or hatred (and if so, rather the former), but are happy to use the search engine and the many other services provided by Google. That they hereby gladly if unwittingly contribute to reinforcing the assets of Google, in the words of Yann Moulier Boutang, "the only company in the world that is able to make 14 million people work for it at any given moment, for free", is one of the many starkly under-lighted aspects of this Internet giant's operative mode.

'The Dark Face of Google' is the title of the book written two years ago by the Italian Ippolita Collective, which Patrice Riemens is currently translating. Ippolita's brief is neither eulogizing nor demonising Google, but to understand it, especially in its less advertised aspects. Their aim is to educate Google's users, not to wean them away from it, and to politicise the discussion about search, digital services, and the management of information and knowledge in general. Patrice Riemens will discuss a few points in this context.

* The ways in which Google determines, undermines, or enforces existing power and knowledge structures

* The Google Books Project and how it reinforces IPR tyranny

* Google's local policies and how they affect fundamental civil liberties

This talk, like Ippolita's book, is intended as a general, informed introduction to an issue that has been insufficiently discussed, due to media hype, and the apparent innocuousness of a readily available, extremely fast and effective, free, Internet service.

Speaker

Patrice Riemens is a social geographer by education and a private intellectual and internet activist by choice. He is a promoter of Open Knowledge and Free Software, and has been involved as a "FLOSSopher" (a 'philosopher' of the Free/Libre and Open Source Software movements) at the Asia Source and Africa Source camps, held to promote FLOSS among non-governmental organisations. He is a member of the Dutch hackers' group Hippies from hell.

He has formerly worked with De Waag Center for Old and New Media, an institute housed in an old castle in Amsterdam, on the cutting edge of technology, culture, education and industry. Patrice has also been on the staff of Multitudes, a French philosophical, political and artistic monthly journal founded in 2000 by Yann Moulier-Boutang.

For more details visit https://cis-india.org/events/the-dark-face-of-google

Open Access to Science Publications--Policy Perspective, Opportunities and Challenges

sachia — 2011-04-05T04:39:39Z

One-day conference on Open Access

Open Access to scientific literature means the removal of barriers, including price and legal barriers, from accessing scholarly work. With the advent of the internet, widespread and easy access to scientific information is facilitating research and innovation, crucial in today‘s knowledge based society. Open Access is not only changing the nature of scholarly communication but even that of scientific work.

To take stock of the current developments as regards Open Access and to highlight some of the issues that would need to be addressed to enable a wider access to scientific information, the Council of Scientific & Industrial Research (CSIR) is organizing a Conference on 'Open Access to Science Publications: Policy Perspective, Opportunities and Challenges' on 24 March 2009 at the India Habitat Centre, New Delhi.

The conference will cover the emerging global trends in Open Access and focus on what needs to be done in India. This event would be of interest to scientists, social scientists, policy makers, funding agencies, heads and senior managers of academic and research institutions, editors of research journals, etc.

The Conference will have sessions focused on:

Open source and changing research
Research Impact through Open Access
Open Access around the World
The Economics of Open Access

Date and Time

24 March 2009; 9.00 am - 5.30 pm

Venue

India Habitat Centre, Lodhi Road, New Delhi - 110003

Speakers

Speakers at the event include:

Leslie Chan, University of Toronto and Bioline International http://www.utsc.utoronto.ca/~chan/
John Willinsky, Stanford University and Public Knowledge Project http://en.wikipedia.org/wiki/John_Willinsky
Samir K Brahmachari, CSIR http://www.csir.res.in/External/Heads/aboutcsir/leaders/DG/igib/bio1.pdf
Subbiah Arunachalam, Centre for Internet and Society, Bangalore http://cis-india.org/about-us/people/distinguished-fellows

Please see the programme below for names of the other speakers.

Contact

Dr Naresh Kumar

Head, R&D Planning Division

Council of Scientific & Industrial Research

2 Rafi Marg, New Delhi - 110 001

Fax: (+91) 11 23710340, 23713011

Phone: (+91) 11 23710453, 23713011

Email: headrdpd@csir.res.in

Programme

0900 – 1000	Registration
1000 - 1100	Inaugural Session
1000 – 1005	Lighting of Lamp
1005 - 1010	Welcome: Naresh Kumar
1010 - 1025	Inaugural address: Open Source & changing research Prof. Samir K. Brahmachari, DG,CSIR and Secretary DSIR
1025 - 1100	Keynote address 1: Global and Local Support for Making Research and Scholarship Publicly Available: Prof. John Willinsky, Stanford University, USA
1100 - 1130	Tea

1130 - 1300	Plenary Session I :
	Chair: Prof. Surendra Prasad
1130 - 1205	Keynote address 2: From Institutional Repositories to a Global Knowledge Commons: Prof. Leslie Chan, University of Toronto, Canada
	Presentations:
1205 - 1225	Eight facts and myths about open access journals: An experience of eight years and eighty journals: Dr. D. K. Sahu, Medknow Publications
1225 - 1240	Prof. Sunil Kumar Sarangi, Director, National Institute Technology-Rourkela :
1240 - 1300	Chair & Q&A

1300 – 1400	Lunch

1400 – 1530	Plenary Session II :
	Chair: Dr. Gangan Prathap
	Presentations:
1400 - 1420	Prof. V. N. Rajasekaran Pillai, VC , IGNOU
1420 - 1440	Prof. Mangala Sunder Krishnan, (NPTEL), IITM
1440 - 1500	S. Arunachalam:
1500 - 1530	Chair & Q&A

1530 – 1600	Tea

1600 - 1700	Panel Discussion on “Open Access to Science and Scholarship”
	Moderator: Prof. Leslie Chan
	Prof. John Willinsky
	Prof. K L Chopra
	Prof. A S Kolaskar
	Dr. RR Hirwani
1700 – 1730	Valedictory : Dr. Naresh Kumar / Dr. R. R. Hirwani

Video

For more details visit https://cis-india.org/events/oasp

Scholarly Communication in the Age of the Commons

sachia — 2011-04-05T04:37:37Z

One-day conference on Open Access Organised by National Aerospace Laboratories (as a part of their Golden Jubilee celebrations), Indian Academy of Sciences and Centre for Internet and Society

Background

Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions. OA removes price barriers (subscriptions, licensing fees, pay-per-view fees) and permission barriers (most copyright and licensing restrictions) and ensures free availability and unrestricted use.

In today’s knowledge-based society, the advent of the Internet and widespread and easy access to scientific information are facilitating research and innovation. Open Access is not only changing the nature of scholarly communication but even the way research is carried out. Indeed Open Access is the bedrock on which the emerging Global Research Library initiative is being built.

Scientists and scientific institutions in India - some of them, to be precise - have moved up in the value chain in that they access information and disseminate their findings often through barrier-free electronic channels. Out of about 3,900 open access journals, India accounts for 108 titles as seen from the Directory of Open Access Journals. The major Indian publishers of OA journals are Indian Academy of Sciences, Indian National Science Academy, MedKnow Publications and National Informatics Centre. According to the Registry of Open Access Repositories there are 40 open access repositories in India including those at Indian Institute of Science, National Aerospace Laboratories, National Institute of Oceanography, Raman Research Institute, National Institute of Technology - Rourkela, and Indian Institutes of Technology. Prof. Samir Brahmachari, Director General of CSIR, has initiated the Open Source Drug Discovery programme as an alternative to the traditional patent-driven model of drug research. Recently CSIR has adopted an open access policy. Indian National Science Academy is one of the early signatories to the Berlin Declaration.

Thus Open Access - both for accessing worldwide information and for making our own research more visible - is not new to India. But one must admit that considering the size of India's research and higher education enterprise what we have achieved so far is utterly inadequate and incommensurate with our ambition to become a knowledge power. We have a long way to go. And the first step is to adopt open access nationwide.

This one-day “Conference on Scholarly Communication in India in the Age of the Commons” is organized to take stock of the current developments in Open Access and to highlight the issues that would need to be addressed to enable a wider access to scientific knowledge and to enhance the visibility of research performed in India.

Date and Time

26 March 2009; 9.30 am - 5.00 pm

Venue

S R Valluri Auditorium, National Aerospace Laboratories, (Old) Airport Road, Bangalore

Speakers

Speakers at the event include:

Prof Leslie Chan, University of Toronto and Bioline International http://www.utsc.utoronto.ca/~chan/

Prof John Willinsky, Stanford University and Public Knowledge Project http://en.wikipedia.org/wiki/John_Willinsky

Please see the programme below for names of the other speakers.

Contact

Dr I R N Goudar

Scientist ‘G’ and Head, ICAST

National Aerospace Laboratories

Airport Road, Bangalore-560017

Telephone: (+91) 80 2508 6080

Fax: (+91) 80 2526 0862

Email: goudar@nal.res.in

While you can register on the spot, we encourage you to kindly register through e-mail. Please provide name, designation, address, contact telephone number and e-mail address. Participants may make their own arrangements for travel and accommodation.

Programme

9.30 am-10.15 am -- Inaugural session

Welcome by Dr I R N Goudar

About the conference: Prof Subbiah Arunachalam

Talk by Prof D Balasubramanian

Remarks by Dr A R Upadhya

10.15 am-10.45 am -- Tea

10.45 am-11.35 am -- Prof Leslie Chan, University of Toronto and Bioline International

11.35 am-12.25 pm -- Prof John Willinsky, Stanford University and Public Knowledge Project

12.25 pm-1.15 pm -- Dr D K Sahu, MedKnow Publications

1.15 pm-2.15 pm -- Lunch

2.15 pm-2.45 pm -- Mr Sunil Abraham, Centre for Internet and Society

2.45 pm-4.15 pm -- Panel discussion

Moderator: Prof P Balaram

Panelists: Subbiah Arunachalam, Leslie Chan, N V Sathyanarayana, A R Upadhya, and John Willinsky

4.15 pm -- Tea

VIDEOS

For more details visit https://cis-india.org/events/scholarly-communication-in-the-age-of-the-commons

Getting the net out of its web

sachia — 2011-04-02T16:11:22Z

Article by Malvika Tegta in Daily News and Analysis (DNA), 8 March 2009

Artists, academicians, tech heads and lawyers have come together to give the country a voice in technology, study, polity and discourse, says Malvika Tegta

-----
The Internet has changed lives in ways we haven't stopped to grasp — the real feeding into the virtual and the other way round. Also, how the Internet interacts with individuals varies across cultures and societies. Narratives on the medium originating in the West cannot size up the complexities of the developing world. In the absence of a voice from the "global south" in affecting the direction of the Internet, technologies continue to be designed for a certain kind of end user, with underlying assumptions. "That apart, as the Internet grows, it doesn't necessarily always grow for the better, with things like cyber terrorism, cyber bullying, pornography, identity theft, gambling, internet addiction, being the by-products of the information revolution," says Nishant Shah, director-research and one of the brains behind the Centre for Internet and Society (CIS), initiated in August 2008, set up to take note of what we passively allow to direct our lives.

These are the issues that led Gibraltar-based Anurag Dikshit, co-founder of PartyGaming, parent company of online poker site PartyPoker.com, to think that "the time had come for India to have a voice in technology study, polity and discourse, as we quickly find ourselves becoming an Information Society". He, along with Alternative Law Forum's legal theorist Lawrence Liang, Shah and Sunil Abraham, brought CIS into being, pooling in the finest minds from the field of arts, academia, law and technology. CIS, since, has set out to produce local and contextual histories of the Internet to make voices "emerging out of Asia more visible in international dialogues around technology".

Their approach: research, awareness and advocacy. Their goal: to make sense of how the Internet is changing the world around us, with India at the heart.

CIS looks at, among other things, the way copyrights, closed standards and an absence of public policy in certain areas have affected access, innovation and kept the Internet from being less democratic and vibrant. "Copyright law is kind of a monolithic thing, like a 'one size fits all' kind of solution for encouraging creativity. It doesn't really work especially when you look at an equitable system of access," says programme manager Pranesh Prakash. He adds: "Copyright proves to be a huge barrier to promotion of accessibility, and in the Indian context needs some kind of relaxation." Programme manager at CIS, Nirmita puts this in perspective, in the particular case of internet access for the visually impaired and those with cognitive disabilities. "A blind person cannot read the written word, so you record an audio cassette or you have an e-version of it and a screen reader reads it for you. That inverts the conversion of a format, which is not permitted legally under the copyright law in India. Every time you want to convert it, you need to take permission of the copyright holder. So what that is essentially doing is depriving you of your right to read," she says. "Our country should have a law that is universal. We have signed United Nations Convention on the Rights of Persons with Disabilities that says that everything on the Internet should be in accessible formats, but it's not binding and we don't have a law on it."

In the area of science and academics, copyrights pose another challenge, that of impeding innovation by keeping from the taxpayer, results of at least the research that is funded by tax a notion CIS has been pushing for. "Scientific literature is propounded on the principles like everyone is allowed to review it and that knowledge spreads to a number of people," says Prakash. Both the scientist and the reader want that. But what we see today is that a few publishers control most of all scientific literary output, so most of it is not accessible because a month's subscription sometimes amounts to the entire library budget of an institution. That is especially a big problem for developing countries.

By the end of this year, CIS hopes that individual institutions take up open access policy. "It may not always have to be a top down approach," he says.

In the realm of governance, CIS identifies use of closed standards software as not only unwise strategy, but also socially and ethically a bad decision, and is looking at policy change in the area. Explains Sunil Abraham, director-policy, in his paper: "If I were to store data, information or knowledge in .doc, .xls or .ppt format, my ability to read my own files expires the moment the licence for my copy of Microsoft Office expires." He adds that governments have a responsibility to use open standards, especially for interactions with the public and where the data handled has a direct impact on democratic values. "In developing countries, governments have greater responsibility because most often they account for over 50% of the revenues of proprietary software vendors," he writes.

They are also exploring bridging digital divides without ignoring the "complex interplay, in the case of India for instance, of caste, language, affordability, education, literacy, and in some cases, even religion" and how the Internet is changing the landscape of higher education in India.
As Shah puts it: "Internet technologies are now becoming tools that we think with. We cannot write without the cursor blinking on an empty screen, we cannot talk in public without the aid of a digital presentation..."

It's about time, then, that we thought about the one thing that's becoming one of the bigger movers in our lives and build a discourse around it.

-----

To read the article in DNA's e-paper, click here.

For more details visit https://cis-india.org/news/getting-the-net-out-of-its-web

Department of Information Technology Meeting on a National Policy on E-Accessibility

nirmita — 2011-09-22T12:32:54Z

On 30 January 2009, the Department of Information Technology hosted a meeting in New Delhi bringing together important stakeholders to discuss the issue of electronic accessibility for the disabled and persons with special needs in India.

Creating a barrier free internet is vital to creating a pluralistic and democratic virtual environment, where all groups irrespective of disability or levels of literacy are able to access culture and knowledge goods and services which are available on the internet today. Since its inception last year, CIS has been campaigning for legislative, administrative and legal interventions in the area of web accessibility for the print disabled and working with different groups towards the common goal of having a National Policy on Electronic Accessibility in India.

On 30 January, the Department of Information Technology (DIT) called a meeting of all stakeholders to discuss the issue of web accessibility for disabled persons and persons with special needs. The meeting was attended by 34 key persons from the Government and private organisations around India. Sunil Abraham (Director--Advocacy, CIS) and Nirmita Narasimhan (Programme Manager, CIS) were amongst the attendees (a complete list of attendees is given below).

The meeting was chaired by N. Ravi Shankar, Joint Secretary, DIT, who in his opening remarks briefed the gathering about the initiatives of the Government in this area. He talked about the Government’s goal of providing Universal Accessibility and Internet for all. He informed the gathering that the DIT had already initiated schemes for ICT empowerment of visually impaired/hearing impaired children; under these schemes, 21 ICT Vocational Centers had already been set up and 100 additional ICT vocational centers would be set up in phase II. Additionally, he explained that the issue of Universal Accessibility had been internationally addressed at the Internet Governance Forum (IGF) 2008 held in December 2008 in Hyderabad. He stressed the need for initiating inclusive developmental activities in the e-governance programme of DIT and language initiatives of TDIL (Technology Development for Indian Languages), in order to increase coverage and diversity, culminating in education for all alongside Internet for all.

Dr. Govind, Senior Director and Head of Department, E-Infrastructure and Internet Governance Division in the Ministry, highlighted the issue of web accessibility for visually impaired and other differently able persons and the need for initiating a concrete action plan for the same.

Javed Abidi, Director, National Center for Promotion of Employment for Disabled People talked at length about the need for web accessibility and proposed that the government should set a time line within which all existing government web sites should be made standards compliant. All new web sites should be created keeping compliance with WCAG 2.0 in mind right from the start and proposed that for existing web sites, we should adopt a staged approach and aim at ensuring complete compliance at least by 2010-2012.

Ms. Neeta Verma, Sr. Technical Director, NIC gave a presentation on the issues related with making web accessibility universal. She said that NIC has formulated guidelines for government websites, in association with DIT and DARPG. Compliance to these guidelines shall make Indian government websites Usable, User Centric and Universally Accessible. She proposed that even the Manual of Procedures (MoP) used in the Govt. should mandate Universal Web Access for Government business and day to day activities. Websites should not only be designed once for accessibility but also need to be sustainable in the long run.

All attendees gave their inputs on the issue of web accessibility. Shri Jaijit from Sun Microsystems stressed the fact that the need for standards was not essential for disabled persons alone, but was necessary for other groups as well, such as illiterate persons. Ms.Shilpi Kapoor from Barrier Break Technologies mentioned that most government web sites had to firstbe be made html compliant in order to be standards compliant and stressed the need for training, resource generation and sensitization. Shri Minocha, Director, NAB felt that a law similar to the one in USA should be implemented which mandates that any web site developed had to be Universally Accessible. He asked the Government. to look at daisy guidelines, digital library and procurement policy for differently abled persons. He strongly urged the Government to take into account not merely standards of website accessibility, but also brouser standards, document standards etc, since an accessible web site was not of much use if the content posted on it was in an inaccessible format. He also appreciated the efforts of NIC and C-DAC towards working for open source and cited the example of the Venezualian Government. He proposed that DIT should initiate a technology development or customization project in this area. Shri Vijaiy Krishnamani from Infosys stressed on the need for creating a common simple usable interface rather than multiple types.

Shri Vijay Kapur from Microsoft proposed for implementation of WCAG1.0 & 2.0 standards to bring out interactivity in web content like Arya and the Clint side document accessibility through the daisy consortium.

Shri Rajesh Aggarwal, CEO, NIXI offered complete support for all initiatives in the area of web accessibility and voiced the opinion that all software produced out of public funds should be made available in the public domain so as to encourage research and innovation. In addition to policy advocacy, he was also supporting a capacity building and awareness workshop on web accessibility for web developers from all over the country which was being organized by CIS in Ghaziabad from Feb 16th-18th. Smt.Jayalakshmi Chittor of CSDMS proposed that an audit process should be evolved to check government web sites for WCAG 2.0 compliance and cited the example of Malta for policy in this area. Some other issues which were stressed time and again by other attendees were the legal mandating of adherence to standards within a fixed time period, adequate representation of Indian language in Unicode format, adherence to WCAG 2.0 and not merely 1.0, supporting voice enabled web sites etc. Sunil Abraham Director Centre for Internet & Society (CIS) lauded the DIT/MCIT for the timely and critical accessibility initiative and strongly endorsed the suggestion to create a national policy document mandating accessibility for all publicly funded electronic infrastructure. CIS offered to provide a comparative analysis of national electronic accessibility policies from developed and developing countries and also prepare a draft policy for DIT/MCIT. Further, he urged DIT/MCIT to advocate for the adoption of the proposed WIPO Treaty for improved access for the blind, visually impaired and other reading disabled put forward by the World Blind Union and knowledge Ecology International.

After the round of discussions the following recommendations were made to the DIT/MCIT:

i) The Government should formulate a national policy to mandate necessary guidelines so that the web sites are standards compliant for universal web accessibility.

ii) Steps should be taken for sensitization and awareness generation towards this issue through trainings, publicity, workshops, conferences.

iii) R&D projects should be initiated for development of screen readers in Indian languages and other tools for universal web access.

Attendees

Shri N. Ravi Shanker, Joint Secretary, DIT, New Delhi - Chairman
Dr. Govind, Sr. Director, DIT, New Delhi
Shri Mohan Ram, ED, ERNET India, New Delhi
Shri Rajesh Aggarwal, Additional CEO, NIXI, New Delhi
Shri Javed Abidi, Director, National Center for Promotion of Employment for Disabled People (NCPEDP, New Delhi
Shri Dipender Minocha, Director, NAB, R.K. Puram, New Delhi
Ms. Neeta Verma, Sr. Technical Director, NIC, New Delhi
Shri A. Bandopadhyay, GM, Webel Mediatronics Ltd., Kolkata
Mr. Sunil Abraham, Director – Policy, Centre for Internet & Society, Bangalore
Ms. Shilpi Kapoor, Founder and Managing Director, Net Systems Informatics (I) Pvt. Ltd. and Barrier Break Technologies, Mumbai
Shri Vijay Kapur, Microsoft India, New Delhi
Mr. Rahul Gonsalves, Web Accessibility Consultant, Bangalore
Jyotindra V.Mehta, Advisory Systems Consultant, IBM Global Services India
Mr. Zamir Dhale, Sense International India Office, Ahmedabad Gujarat
Shri Jaijit Bhattacharya, M/s Sun Microsystems, New Delhi
Ms. Jayalakshmi Chittor, CSDMS, Noida, U.P
Shri Manoj Jain, TDIL, DIT, New Delhi
Ms. Gitanjali Sah, UN Solution Exchange, New Delhi
Shri Pradeep Gupta, Managing Director, Cyber Media India Ltd., Gurgaon, Haryana
Shri Vijay Krishnamani, Infosys, New Delhi
Shri Ajai Kumar, C-DAC, Pune
Shri Indranil Das Roy, M/s Webel, Kolkata
Shri Deepak Maheshwari, Microsoft India , New Delhi
Shri Vikas Goswami, Microsoft India, New Delhi
Ms. Helen Mahtani, Programmer, NCPEDP, New Delhi
Shri Muthamma B. Devaya, Senior Program officer, NCPEDP, New Delhi
Ms. Nirmitha Naresimhan, Centre for Internet & Society, Bangalore
Ms. Tejal Tiwari, ERNET India, New Delhi
Shri D.P. Misra, NIC, New Delhi
Shri Sachin Rizal, Sense International (India) Ltd., Ahmedabad Gujarat
Ms. Ritu Srivastava, CSDMS, Noida
Shri Santosh Kumar Gupta, CSDMS, Noida, UP
Shri Rajan Varada, UN Solution Exchange, New Delhi
Shri S.K. Aggarwal, Scientist ‘F’, DIT, New Delhi - Convenor

For more details visit https://cis-india.org/openness/blog-old/meeting-by-the-dit-on-a-national-policy-on-e-accessibility-at-delhi-on-jan-30th-2009

Archive and Access: The Archive and the Indian Historian

aparna — 2011-08-23T04:44:44Z

This post is the second in a series by Aparna Balachandran and Rochelle Pinto. It comes to the question of how we can extend some of the questions and concerns that have arisen around contemporary archives to the documentary archive. It argues that the conventional understanding of the print archive as a fragile, irreplaceable national cultural legacy is a limited one and tries instead to rethink questions of ownership and access, issues thrown up in sharp relief by the digital archive.

If we could eavesdrop on informal conversations between historians on their use of state-owned archives outside of metropolitan centres, we would probably chance upon a rich trove of stories. Many of these would have to do with the tragi-comic experience of accessing, finding and handling precious material that is sure to not survive the conditions in which it is stored. The uppermost thought and feeling when working in a small archive in India, therefore, is usually an anxiety about the mortality of the document.Yet, the conditions of preservation are scarcely the only concern when we approach the question of the archive here. In fact, without embedding the archive in the many questions surrounding it, it is unlikely that issues of preservation can be broached fruitfully.
Of late, a proliferation of questions and concerns around contemporary archives has foregrounded some of the assumptions underpinning print archives.* These could be seen as a development on the perspectives that have disrupted the sanctity of the historical document in itself. The place of the archive has been assailed from many quarters, whether from the Foucauldian suspicion of the logic of the archive, or from the critiques of history that point to the divide between history and memory, public and private, or, from the subaltern perspective, between history and other ways of experiencing time.

One strand of this critique that emphasises the constructed nature of the archive, as against viewing it as a precious and accidental trace, also emphasises the variety of users and uses that open archives enable.** Archives of the contemporary that allow users to catalogue, edit, comment and add their own data pose some challenging questions to more conventional approaches to archiving.

If we could typify a ‘conventional’ approach, it would be one that sees manuscript and paper archives as a source for researchers alone, or as a pedagogic appendage, or as a national legacy, held permanently in safekeeping away from those whose psyche it is supposed to buttress. For the historian-researcher, the view of the archive as a precious and irreplaceable trace from the past is an instinctive reaction to handling an ‘original’ document. It is that instinct that makes the question of whether or not the state can and should be a repository of the archive a tortuous one. If we revisit the print archive with questions emerging from contemporary archivists, it is still difficult to detach oneself from the compelling fragility of the document. Its potential transience in fact reinforces the idea of its accidental survival from a ‘different’ time and space, and the need to restrict its handling to a careful few. The historical document in an age of mechanical reproduction threatens to remove from the historianś grasp the experience of handling the original.Yet most historians would probably agree that as a generality, taking an average archive into consideration, the state’s role in preservation could until recently be summed up as exercising tight control over disappearing documents.

Most of the conceptual questions that are implicit in the critique posed by contemporary archivists are not new to historians. However, efforts to extend this to the material existence of the archive have not had the same success, and this is where there seems to be a gap between what contemporary and non-contemporary archivists are able to do. A very different picture is conjured up by the contemporary archive with the potential access it offers to non-specialist users. The uses and needs that emerge from non-specialists cannot be imagined in the context of the state archive. Often, though this is not usually made explicit, the imagination of the contemporary archive, dislodged from the sanctity of the national, pedagogic or academic ideal, implies a digital format and the increasing possibility for the user to recategorise and signpost different aspects of a collection.

While archives of the contemporary are not necessarily celebratory, and often indicate the differential access and rights of digital publics, they nonetheless do not address those areas that the conventional historian is most familiar with.*** All of these skirt around the relatively unreachable government archives, or privately held collections. The transition from print to digital format does not ensure that issues of state ownership, access and generating potential different users for archives will be addressed. In fact the Indian historian who is the bridge between the University and the state archive can only too easily imagine continuity across the transition to another technology.

On another note, the transition to digital technology and private ownership has actually presented the historian in India with a further quandary. The digital archive in a well-funded private university setting such as can be found in the US, or in a state institution as in the UK enables holding organizations to use digital technology to ‘complete’ their archival collections, drawing in private collections from countries that cannot afford preservation and enhancing their own closed holdings. While such institutions cannot have access to Indian state archives, it is an indication that technology alone does not resolve questions that require another sort of intervention.

The question at hand:
It may be well to set aside a nationalist perspective here, for it can be argued that those forbidden by the Indian government from accessing pertinent archives are well served by the fact that these exist elsewhere. The issue here is that while currently the archives continue to be housed and controlled by national institutions, we probably cannot retain this nationalist perspective to address the question of archives anymore. Aside from being positioned between two approaches: a rapid acquisition policy with respect to private holdings, and a relatively inaccessible state policy, we could also be seen as the (illegitimate?) repository of other national holdings. For instance, the Central Library in Goa at one point in time was the holding library for Portuguese empire in the ‘East’ or the Estado da Índia. It therefore has a large collection of official government publications from Africa. Communities disaffected from the nation see their archival holdings as illegitimately if safely housed in dominant regional libraries. Each area could possibly produce varying positions vis-à-vis the nationalist perspective and not just about illegitimacy of ownership. These will be rendered untenable if one sustains a singularly nationalist perspective on the archive What is at issue is that we currently have a restricted number of print archive models at hand. The most dominant are the stateist and the knowledge economy model.

The knowledge economy model seeks to make a single repository such as a well-funded University library the single largest holding of historical material; an asset into which other Universities can buy. As an instance, we could cite the South Asia projects of the University of Chicago, which, while it makes funds available to rescue private collections from disappearance, also has a centralizing vision that converts archival collections into a private asset.**** How do we, as historians of India (and perhaps necessarily Indian historians) situate ourselves with respect to these two models?

Quite simply, we, as an assorted group of users, don’t have the resources to buy private archives, and would be opposed to (in any case untenable) state control over these. As a first move, there is a need to shift from seeing ourselves in relation to the state archives alone, or as a relatively silent entity positioned between the state and the knowledge economy, dependent on individual research grants for access overseas archives.
We could instead consider the possibilities that technology holds out to enhance control, centralization and exclusivity, or to dissipate it. We could focus on questions of access; on who potential users are; on mutually recognized open access policies between institutions, and on finding interest groups and archive-related projects and other contexts for use of the archives.

A discussion on state and private collections may have to consider different approaches and collate different kinds of information to be able to intervene in defining the possibilities of archiving. Most fundamentally, these approaches would stem from considering who the current owners – economic, ethical, political – of these archives are, and who they could possibly be, what could take and what routes of dissemination they could have?A conceptualization of a notion of commons, or public good may be a beginning point to envisage who owns the archives, who cares for them, who uses them, and how.

*By contemporary archives we refer to those housed by SARAI in Delhi or the recently launched Pad.ma (Public Access Digital Media Archive), an open access video archive that allows users to catalogue, edit, comment and add their own data.
**See for instance, Arjun Appadurai’s ‘Archive and Aspiration’
***See Lawrence Liang, ‘Global Commons, Public Space And Contemporary Ipr’
**** See the proposed Urdu Research Library Consortium into which members can buy shares.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-cyborgs/the-archive-and-the-indian-historian

Archives and Access: Introduction

aparna — 2015-04-24T12:05:44Z

The members of this research project team are Aparna Balachandran and Rochelle Pinto from the Centre for the Study of Culture and Society, Bangalore and Abhijit Bhattacharya from the Centre for the Study of Social Sciences, Calcutta. This intial post tries to outline the concerns underlining this project which will attempt to critically examine archiving practices and policies in India in order to conceptualize ideas about ownership and use towards the goal of the greatest public good; reflect on issues of digitization and access; and facilitate public conversations and the articulation of a collective voice by historians and other users on possible interventions in these institutions.

This project argues that there is a pressing need to apply the questions and concerns that have arisen around the contemporary archives – of ownership, access and use – to the historical archive. The ‘conventional’ approach sees manuscript and paper archives solely as a source for researchers, or as a pedagogic appendage, or as a national legacy, held permanently in safekeeping either by privately held collections or particularly in tightly controlled state archives. In contrast, contemporary archives (often in a digitized format) allow users to catalogue, edit, comment and add their own data and thus poses some challenging questions to a conventional approach to the archives. Again, the potential access it offers to non-specialist users interrogates the idea of archival collections meant for academic consumption alone.

This project will consider the ways to conceptualize a move away from a relationship from both the state or knowledge economy driven models of archiving. Instead it will explore the possibilities that technology holds out to enhance control, centralization and exclusivity, or to dissipate it. It will also focus on questions of access; on who potential users are; on mutually recognized open access policies between institutions, and on finding interest groups and archive-related projects and other contexts for use of the archives.

Importantly, it will also discuss the embedding of the archive within the construct of a cultural legacy. It will attempt to compare the significance of the archive to that of the painting, or sculpture or architecture and the similarities and differences that can be cited inclusive of things that are not manuscripts and texts.
Towards this end, this project will focus on three sites: it will examine the National Archives of India; as well as consider Goa and Tamil Nadu as incidental territories which enable a view of distinct issues that emerge in the interface between technology and society in the context of archiving.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-cyborgs/archives-and-access-introduction

Report on Open Standards for GISW2008

pranesh — 2009-01-05T06:52:54Z

In this report, Sunil Abraham lays out the importance and the policy implications of Open Standards.

[PDF copy]

Most computer users today remain “digitally colonised” (Bhattacharya, 2008) due to our unquestioning use of proprietary standards. As users of proprietary standards we usually forget that we lose the right to access our own files the moment the licence for the associated software expires. For example, if I were to store data, information or knowledge in .doc, .xls or .ppt format, my ability to read my own files expires the moment the licence for my copy of Microsoft Office expires.

Definition

Unlike the terms “free software” or “open source software”, the term “open standard” does not have a universally accepted definition. The free and open source software (FOSS) community largely believes that an open standard is:

[S]ubject to full public assessment and use without constraints [royalty-free] in a manner equally available to all parties; without any components or extensions that have dependencies on formats or protocols that do not meet the definition of an open standard themselves; free from legal or technical clauses that limit its utilisation by any party or in any business model; managed and further developed independently of any single vendor in a process open to the equal participation of competitors and third parties; available in multiple complete implementations by competing vendors, or as a complete implementation equally available to all parties (Greve, 2007).

The controversy

Proprietary software manufacturers, vendors and their lobbyists often provide a definition of open standards that is not in line with the above definition on two counts (Nah, 2006).

One, they do not think it is necessary for an open standard to be available on a royalty-free basis as long as it is available under a “reasonable and non-discriminatory” (RAND) licence. This means that there are some patents associated with the standard and the owners of the patents have agreed to license them under reasonable and non-discriminatory terms (W3C, 2002). One example is the audio format MP3, an ISO/IEC [International Organisation for Standardisation/International Electrotechnical Commission] standard where the associated patents are owned by Thomson Consumer Electronics and the Fraunhofer Society of Germany. A developer of a game with MP3 support would have to pay USD 2,500 as royalty for using the standard. While this may be reasonable in the United States (US), it is unthinkable for an entrepreneur from Bangladesh. Additionally, RAND licences are incompatible with most FOSS licensing requirements. Simon Phipps of Sun Microsystems says that FOSS “serves as the canary in the coalmine for the word ‘open’. Standards are truly open when they can be implemented without fear as free software in an open source community” (Phipps, 2007). RAND licences also retard the growth of FOSS, since they are patented in a few countries. Despite the fact that software is not patentable in most parts of the world, the makers of various distributions of GNU/Linux do not include reverse-engineered drivers, codecs, etc., in the official builds for fear of being sued. Only the large corporation-backed distributions of GNU/Linux can afford to pay the royalties needed to include patented software in the official builds (in this way enabling an enhanced out-of-the-box experience). This has the effect of slowing the adoption of GNU/Linux, as less experienced users using community-backed distributions do not have access to the wide variety of drivers and codecs that users of other operating systems do (Disposable, 2004). This vicious circle effectively ensures negligible market presence of smaller community-driven projects by artificial reduction of competition.

Two, proprietary software promoters do not believe that open standards should be “managed and further developed independently of any single vendor,” as the following examples will demonstrate. This is equally applicable to both new and existing standards.

Microsoft’s Office Open XML (OOXML) is a relatively new standard which the FOSS community sees as a redundant alternative to the existing Open Document Format (ODF). During the OOXML process, delegates were unhappy with the fact that many components were specific to Microsoft technology, amongst other issues. By the end of a fast-track process at the ISO, Microsoft stands accused of committee stuffing: that is, using its corporate social responsibility wing to coax non-governmental organisations to send form letters to national standards committees, and haranguing those who opposed OOXML. Of the twelve new national board members that joined ISO after the OOXML process started, ten voted “yes” in the first ballot (Weir, 2007). The European Commission, which has already fined Microsoft USD 2.57 billion for anti-competitive behaviour, is currently investigating the allegations of committee stuffing (Calore, 2007). Microsoft was able to use its financial muscle and monopoly to fast-track the standard and get it approved. In this way it has managed to subvert the participatory nature of a standards-setting organisation. So even though Microsoft is ostensibly giving up control of its primary file format to the ISO, it still exerts enormous influence over the future of the standard.

HTML, on the other hand, is a relatively old standard which was initially promoted by the Internet Engineering Task Force (IETF), an international community of techies. However, in 2002, seven years after the birth of HTML 2.0, the US Department of Justice alleged that Microsoft used the strategy of “embrace, extend, and extinguish” (US DoJ, 1999) in an attempt to create a monopoly among web browsers. It said that Microsoft used its dominance in the desktop operating system market to achieve dominance in the web-authoring tool and browser market by introducing proprietary extensions to the HTML standard (Festa, 2002). In other words, financial and market muscle have been employed by proprietary software companies – in these instances, Microsoft – to hijack open standards.

The importance

There are many technical, social and ethical reasons for the adoption and use of open standards. Some of the reasons that should concern governments and other organisations utilising public money – such as multilaterals, bilaterals, civil society organisations, research organisations and educational institutions – are listed below.

Innovation/competitiveness: Open standards are the bases of most technological innovations, the best example of which would be the internet itself (Raymond, 2000). The building blocks of the internet and associated services like the world wide web are based on open standards such as TCP/IP, HTTP, HTML, CSS, XML, POP3 and SMTP. Open standards create a level playing field that ensures greater competition between large and small, local and foreign, and new and old companies, resulting in innovative products and services. Instant messaging, voice over internet protocol (VoIP), wikis, blogging, file-sharing and many other applications with large-scale global adoption were invented by individuals and small and medium enterprises, and not by multinational corporations.
Greater interoperability: Open standards ensure the ubiquity of the internet experience by allowing different devices to interoperate seamlessly. It is only due to open standards that consumers are able to use products and services from competing vendors interchangeably and simultaneously in a seamless fashion, without having to learn additional skills or acquire converters. For instance, the mail standard IMAP can be used from a variety of operating systems (Mac, Linux and Windows), mail clients (Evolution, Thunderbird, Outlook Express) and web-based mail clients. Email would be a completely different experience if we were not able to use our friends’ computers, our mobile phones, or a cybercafé to check our mail.
Customer autonomy: Open standards also empower consumers and transform them into co-creators or “prosumers” (Toffler, 1980). Open standards prevent vendor lock-in by ensuring that the customer is able to shift easily from one product or service provider to another without significant efforts or costs resulting from migration.
Reduced cost: Open standards eliminate patent rents, resulting in a reduction of total cost of ownership. This helps civil society develop products and services for the poor.
Reduced obsolescence: Software companies can leverage their clients’ dependence on proprietary standards to engineer obsolescence into their products and force their clients to keep upgrading to newer versions of software. Open standards ensure that civil society, governments and others can continue to use old hardware and software, which can be quite handy for sectors that are strapped for financial resources.
Accessibility: Operating system-level accessibility infrastructure such as magnifiers, screen readers and text-to-voice engines require compliance to open standards. Open standards therefore ensure greater access by people with disabilities, the elderly, and neo-literate and illiterate users. Examples include the US government’s Section 508 standards, and the World Wide Web Consortium’s (W3C) WAI-AA standards.
Free access to the state: Open standards enable access without forcing citizens to purchase or pirate software in order to interact with the state. This is critical given the right to information and the freedom of information legislations being enacted and implemented in many countries these days.
Privacy/security: Open standards enable the citizen to examine communications between personal and state-controlled devices and networks. For example, open standards allow users to see whether data from their media player and browser history are being transmitted along to government servers when they file their tax returns. Open standards also help prevent corporate surveillance.
Data longevity and archiving: Open standards ensure that the expiry of software licences does not prevent the state from accessing its own information and data. They also ensure that knowledge that has been passed on to our generation, and the knowledge generated by our generation, is safely transmitted to all generations to come.
Media monitoring: Open standards ensure that the voluntary sector, media monitoring services and public archives can keep track of the ever-increasing supply of text, audio, video and multimedia generated by the global news, entertainment and gaming industries. In democracies, watchdogs should be permitted to reverse-engineer proprietary standards and archive critical ephemeral media in open standards.

Policy implications

Corporations have a right to sell products based on proprietary standards just as consumers have a right to choose between products that use open standards, proprietary standards, or even a combination of such standards. Governments, however, have a responsibility to use open standards, especially for interactions with the public and where the data handled has a direct impact on democratic values and quality of citizenship. In developing countries, governments have greater responsibility because most often they account for over 50% of the revenues of proprietary software vendors. Therefore, by opting for open standards, governments can correct an imbalanced market situation without needing any additional resources. Unfortunately, many governments lack the expertise to counter the campaigns of fear, uncertainty and doubt unleashed by proprietary standards lobbyists with unlimited expense accounts.

Most governments from the developing world do not participate in international standard-setting bodies. On the other hand, proprietary software lobbyists like the Business Software Alliance (BSA) and Comptia attend all national meetings on standards. This has forced many governments to shun these forums and exacerbate the situation by creating more (totally new) standards. Therefore, governments need the support of academic and civil society organisations in order to protect the interests of the citizen. For example, the Indian Institute of Technology in Kanpur (IIT-K) helped the government of India develop the open standard Smart Card Operating System for Transport Applications (SCOSTA) for smart card-based driving licences and vehicle registration documents. Proprietary vendors tried to jettison the move by saying that the standard was technically not feasible. IIT-K developed a reference implementation on FOSS to belie the vendor's claims. As a consequence, the government of India was able to increase the number of empanelled smart-card vendors from four to fifteen and reduce the price of a smart card by around USD 7 each (UNDP, 2007a). This will hopefully result in enormous savings during the implementation of a national multi-purpose identification card in India.

In some instances, proprietary standards are technically superior or more universally supported in comparison to open standards. In such cases the government may be forced to adopt proprietary and de facto standards in the short and medium term. But for long-term technical, financial and societal benefits, many governments across the world today are moving towards open standards. The most common policy instruments for implementation of open standards policy are government interoperability frameworks (GIFs). Governments that have published GIFs include the United Kingdom, Denmark, Brazil, Canada, the European Union, Malaysia, Hong Kong, Malaysia, New Zealand, and Australia (UNDP, 2007b).

While challenges to the complete adoption of open standards in the public sector and civil society remain, one thing is certain: the global march towards openness, though slow, is irreversible and inevitable.

References

Bhattacharya, J. (2008) Technology Standards: A Route to Digital Colonization. Open Source, Open Standards and Technological Sovereignty. .
Available at:
knowledge.oscc.org.my/practice-areas/‌government‌/oss-seminar-putrajaya-2008/technology-standards-a-route-to-digital/at_download/file

Calore, M. (2007) Microsoft Allegedly Bullies and Bribes to Make Office an International Standard. Wired, 31 August.
Available at: www.wired.com/software/coolapps/news/2007/08/ooxml_vote

Disposable (2004) Ubuntu multimedia HOWTO.
Available at: www.oldskoolphreak.com/tfiles/‌hack/‌ubuntu.txt

Festa, P. (2002) W3C members: Do as we say, not as we do. CNET News, 5 September.
Available at: news.cnet.com/2100-1023-956778.html

Greve, G. (2007) An emerging understanding of open standards.
.
Available at: www.fsfe.org/‌fellows‌/greve/freedom_bits/an_emerging_understanding_of_open_standards

Nah, S.H. (2006) FOSS Open Standards Primer. New Delhi: UNDP-APDIP.
Available at: www.iosn.net/open-standards/foss-open-standards-primer/foss-openstds-withnocover.pdf

Phipps, S. (2007) Roman Canaries..
Available at: blogs.sun.com/webmink/entry/‌roman_canaries‌

Raymond, E.S. (2000) The Magic Cauldron.
Available at: www.catb.org/~esr/writings/‌cathedral-‌bazaar/‌magic-‌cauldron/‌index.html

Toffler, A. (1980) The Third Wave. New York: Bantam.

UNDP (United Nations Development Programme) (2007a) e-Government Interoperability: A Review of Government Interoperability Frameworks in Selected Countries.
Available at: www.apdip.net/projects/gif/gifeprimer

UNDP (2007b) e-Government Interoperability: Guide.
Available at: www.apdip.net/projects/gif/GIF-Guide.pdf

US DoJ (Department of Justice) (1999) Proposed Findings of Fact – Revised.
Available at: www.usdoj.gov/‌atr/‌cases/‌f2600/v-a.pdf

W3C (World Wide Web Consortium) (2002) Current patent practice.
Available at: www.w3.org/TR/patent-practice#def-RAND

Weir, R. (2007) How to hack ISO.
Available at: www.robweir.com/blog/2007/09/how-to-hack-iso.html

For more details visit https://cis-india.org/openness/publications/standards/report-on-open-standards-for-gisw2008

Agreement on Procurement

pranesh — 2008-12-08T06:08:19Z

On December 6, 2008, at the closing of the third Internet Governance Forum in Hyderabad, India, the Dynamic Coalition on Open Standards (DCOS) released an agreement entitled the "Dynamic Coalition on Open Standards (DCOS) Agreement on Procurement in Support of Interoperability and Open Standards".

Dynamic Coalition on Open Standards (DCOS) Agreement on Procurement in Support of Interoperability and Open Standards

Third Internet Governance Forum (IGF)

Hyderabad, India

6 December 2008

Preamble

The Contracting Parties,

Recalling the World Summit on the Information Society (WSIS) Declaration of Principles which states that "[i]nternational standards aim to create an environment where consumers can access services worldwide regardless of underlying technology,"

Recognizing that standards are increasingly global concerns, involving goods and services that move in international trade across borders,

Aware that current competition and legal remedies may not be enough to solve the inherent tensions that routinely arise in the realm of patents and standards,

Desirous of encouraging procurement policies that require evaluation of multiple, competing products based on open ICT standards in order to ensure a level playing field for vendors, governments and consumers,

Cognizant of the need for procurement policies for software programs that are predicated upon an open standard,

Open Standards

Given the multiplicity of interpretations of the term open standards, for the purpose of this document we endorse as an acceptable definition the position contained in the European Union's draft European Interoperability Framework:

1) The open standard is adopted and will be maintained by a not-for-profit organisation, and its ongoing development occurs on the basis of an open decision-making procedure available to all interested parties (consensus or majority decision etc.).
2) The open standard has been published and the standard specification document is available either freely or at a nominal charge. It must be permissible to all to copy, distribute and use it for no fee or at a nominal fee.
3) The intellectual property - i.e. patents possibly present - of (parts of) the open standard is made irrevocably available on a royalty free basis.
4) There are no constraints on the re-use of the standard.

(IDABC EIF v2 draft (http://ec.europa.eu/idabc/en/document/7728))

As noted in the European Interoperability Framework cited above, open standards or technical specifications must allow all interested parties to implement the standards and to compete on quality and price. The goal is to have a competitive and innovative industry, not to protect market shares by raising obstacles to newcomers. Thus, open standards or technical specifications must be possible to implement in software distributed under the most commonly used open source licences, with no limitations arising from IPR associated with the standard in question.

In addition to the above requirements, it is recommended that there should be multiple independent implementations of the standard.

Governments, publicly funded and non-profit institutions agree to implement the following policies.

Governments, publicly funded and non-profit institutions

Hereby agree to the following measures in order to promote interoperability and accessibility through the use of open standards.

1. To create a policy statement on interoperability and open standards, to be available to employees and the public.

2. By 2010, procurement of all software should be vendor neutral and implement open standards

3. By 2010, tender specifications for hardware (including peripherals and mobile devices) should require that manufacturers provide the driver and interface information necessary to work with a reasonable range of proprietary and free operating system platforms.

4. By 2010, all public facing web pages should conform to W3C standards for structure, presentation and accessibility.

5. By 2010, tenders for the supply of web based services (for example, online reservations) must specify the requirements of point 4.

6. By 2010, agencies should implement policies regarding the storage and archiving of government data and records to ensure that data is stored in open data and document formats.

Signed by:

Aslam Raffee, Government IT Officers' Council, OSS Working Group, Republic of South Africa

Association for Progressive Communications (APC)

Bob Jolliffe, Freedom To Innovate, South Africa

Centre for Internet and Society, India

Hamid Rabiee, Sharif University of Technology, Iran

Knowledge Ecology International

Moving Republic, India

Shuttleworth Foundation, South Africa

Swathanthra Malayalam Computing, India

Endorsed by:

Bangladesh Friendship Education Society, Bangladesh

Indian Social Action Forum (INSAF), India

Foundation for Media Alternatives, Philippines

OpenForum Europe

For more details visit https://cis-india.org/openness/publications/standards/dynamic-coalition-on-open-standards-dcos-agreement-on-procurement

Report on Open Standards for GISW 2008

pranesh — 2011-08-23T02:57:53Z

A report on Open Standards prepared by Sunil Abraham, for the Global Information Society Watch 2008. As on their site, GISWatch focuses on monitoring progress made towards implementing the World Summit on the Information Society (WSIS) action agenda and other international and national commitments related to information and communications. It also provides analytical overviews of institutions involved in implementation.

For more details visit https://cis-india.org/publications-automated/cis/sunil/Open-Standards-GISW-2008.pdf

Photos

pranesh — 2008-12-01T13:17:32Z

Photographs of Open Access Day

For more details visit https://cis-india.org/openness/publications/content-access/photos

An Open Letter on Internet Governance to the UN Internet Governance Forum

sachia — 2011-08-02T07:40:02Z

This open letter brings up concerns of democratic deficit in internet governance worldwide, and is addressed to the UN Internet Governance Forum (IGF). It is to be delivered at the IGF's 3rd Annual Meeting at Hyderabad, India, from 3rd to 6th December, 2008. The signatories are Alternative Law Forum, Bangalore, Centre for Internet and Society, Bangalore, Delhi Science Forum, New Delhi, Free Software Foundation - India, IT for Change, Bangalore, and Knowledge Commons, New Delhi.

This open letter brings up concerns of democratic deficit in internet governance worldwide, and is addressed to the UN Internet Governance Forum (IGF). It will be delivered at the IGF's 3rd Annual Meeting at Hyderabad, India, from 3rd to 6th December, 2008.

The letter includes an information sheet exemplifying some of the problems of democratic deficit in internet governance.

The text of the letter is as follows:
-------------------------------------------------------------

The IGF must ACT NOW against the threat to the public-ness and the egalitarian nature of the Internet

The undersigned wish to express their deep concern that the UN Internet Governance Forum (IGF), created by the World Summit on the Information Society in 2005 as an Internet ‘policy dialogue’ forum, is largely failing to address key public interest and policy issues in global Internet governance – including that of democratic deficit.

Who shapes the Internet, as the Internet shapes our new social context?

The Internet represents the single most important technical advance of our society in a long time, so much so that it defines a new emerging social paradigm. The basic characteristics of the Internet determine the contours of the emerging social order in many important ways. The Internet was conceived as, and still largely is, an extensive communication system which is democratizing, and has little respect for established social hierarchies. Interactions and associations built over this new ‘techno-social’ system have, therefore, held the promise of a more egalitarian society.

The era of innocence of the Internet however appears to be fast approaching its end. Today, the Internet of the future – the very near future – is being shaped insidiously by dominant forces to further their interests. (See the fact-sheet on the following page for some illustrations of this.) Unfortunately, global policy forums have largely failed to articulate, much less act on, crucial Internet policy issues, which concern the democratic possibilities for our societies.

The IGF needs to act now!

As the Internet Governance Forum convenes for its third annual meeting, between 3rd and 6th December, 2008, in Hyderabad, India, it must take immediate steps to anchor and discuss important global public interest and policy issues involved in Internet governance. If it does not act now, it may get seen as a space that only provides an illusion of a public policy dialogue, and, consequently, as being co-opted in furthering the agenda of dominant forces that are shaping the Internet as per their narrow interests. We therefore strongly urge the IGF to directly address the following key global public interest and policy issues:

Increasing corporatisation of the Internet
Increasing proprietisation of standards and code that go into building the Internet
Increasing points of control being embedded into the Internet in the name of security and intellectual property violations
Huge democratic deficit in global Internet governance

We exhort the IGF to adopt clear directions for engaging with these crucial public policy issues. The IGF should come out with a clear work plan at its forthcoming meeting in Hyderabad to address the four key areas listed above.

The global community – comprising not only people who currently have access to the Internet, but also the un-connected billions who are being impacted by it nevertheless – will judge the meaningfulness and legitimacy of the IGF in terms of what progress it is able to make on these issues.

Alternative Law Forum, Bangalore
Centre for Internet and Society, Bangalore
Delhi Science Forum, New Delhi
Free Software Foundation - India
IT for Change, Bangalore
Knowledge Commons, New Delhi

Information Sheet
How the Public-ness and Egalitarian Nature of the Internet is Threatened
– Some Examples

Corporatisation of the Internet
Largely unsuspected by most of its users, the Internet is rapidly changing from being a vast ‘public sphere’, with a fully public ownership and a non-proprietary nature, to a set of corporatised privately-owned networks.

On the one hand, telecom companies are carving out the Internet into privately-owned networks – controlling the nature of transactions over these networks. They seek to differentially charge content providers, while also building wholly private networks offering exclusive content relay services. Developments like video/TV over Internet Protocol and the provision of controlled and selective Internet services over mobiles are contributing to increasing network-operators’ control over the Internet, with a corresponding erosion of its public-ness.

On the other hand, the commons of the Internet is also being overwhelmed and squeezed out by a complete domination of a few privately owned mega-applications such as Google, Facebook, Youtube etc.

Proprietarisation of standards and code that build the Internet

One of the main ways of appropriating the commons of the Internet is through the increasing use of proprietary and closed standards and code in building the Internet system. Such appropriation allows the extortion of illegitimate rent out of the many new forms of commons-based activities that are being made possible through the Internet.

Embedding control points in the Internet

A growing confluence of corporatist and statist interests has led to the embedding of more and more means of control into the Internet in a manner that greatly compromises citizens’ rights and freedoms. Whether it is the pressure on Internet
Service Providers to examine Internet traffic for ‘intellectual property’ violations; or imposition of cultural and political controls on the Internet by states within their boundaries; or ITU’s work on IP trace-back mechanisms; or the tightening of US
control over the global Internet infrastructure in the name of securing the root zone file and the domain name system, these new forms of controlling the Internet are being negotiated among dominant interests away from public scrutiny and wider public interest-based engagements.

Democratic deficit in global Internet governance
The current global Internet governance regime – a new-age privatized governance system professing allegiance mostly to a single country, the US – has proven to be an active instrument of perpetuation of dominant commercial and geo-political interests. Lately, OECD countries have begun some work on developing public policy principles that, due to the inherently global nature of the Internet, can be expected to become globally applicable. It is quite unacceptable that OECD countries shirk from discussing the same public policy issues at global public policy forums like the IGF that they discuss among themselves at OECD meetings. Apparently, developing countries are expected to focus on finding ways to reach connectivity to their people, and not burden themselves with higher-level Internet governance issues!

People’s and communities’ right to self-determination and participation in governance of issues that impact their lives should underpin global Internet governance.

---------------------------------------------

You can download the letter here (.pdf format).

For more details visit https://cis-india.org/internet-governance/blog/an-open-letter-on-internet-governance-to-the-un-internet-governance-forum