Centre for Internet and Society

Seminar on Rethinking Copyright and Licensing for Digital Publishing Today (Delhi, January 23)

sinha — 2017-01-21T14:51:56Z

Against the backdrop of a growing global and domestic digital publishing industry on one hand and the recent judgment by the Delhi High Court that upheld the education exception to reproduction of academic and literary works, Pro Helvetia - Swiss Arts Council, Goethe-Institut Max Mueller Bhavan New Delhi, and the Centre for Internet and Society (CIS) are organising a seminar to discuss and reflect on the relevance and functions of copyright and licensing within the transforming market practices and legal structures of the publishing industry today.

Poster: Download (PNG)

The two speakers at the seminar will be Dr. Philipp Theisohn, Professor of Modern German Literary Studies, Zurich University, and Ms. Kerstin Schuster, Droemer Knaur publishing group. The session will be chaired by Mr. Zakir Thomas, Additional Director General (Risk Assessment), Directorate of Income Tax, Government of India.

Dr. Theisohn will address the question of whether the digital age requires a new approach to copyright thinking, and Ms. Schuster will discuss the dynamics of the international market for licenses in the contemporary publishing world.

Please join us at the CIS Delhi office on Monday, January 23, at 11:00 for the seminar. The seminar will include the presentations by the speakers followed by an open moderated discussion.

Further, it is our great pleasure to inform you that in a recent judgement on the Super Cassettes v. MySpace case, the Delhi High has strengthened the safe harbor immunity enjoyed by internet intermediaries in India. As CIS was one of the intervenors in the case, and has been duly acknowledged in the judgment, we would like to invite you for an informal discussion about the case over lunch. This will take place after the seminar.

A brief analysis of the judgement can be found here.

Please RSVP by sending an email to Nisha Kumar at nisha@cis-india.org.

Address: The Centre for Internet and Society, first floor, B 1/8, Hauz Khas, near G block market, after Crunch, New Delhi, 110016.

Location on Google Map: http://j.mp/cis-delhi.

Philipp Theisohn

Philipp Theisohn, who was born in 1974, studied Modern German Literature, Medieval Studies and Philosophy in Tübingen and Zürich. He gained his doctorate in Jerusalem and Tübingen and, since 2013, has been Professor of Modern German Literary Studies at Zurich University. He has produced numerous publications on German and European literary history from the 13th to the 21st century, in particular on “literary future knowledge“, the perception of literary property, and Jewish Cultural Poetics.

The focal points of his work and research are the literature of Switzerland, literary property/plagiarism as a literary historical phenomenon, science fiction and futurology, realism, Franz Kafka and Early Modern Poetics of Knowledge.

Theisohn is intensely involved in the transmission of literature far beyond the academic environment. He is a member of the jury for the “Swiss Book Prize“ of the Publishers‘ Association, an expert for inter-disciplinary and literary projects for the Swiss Arts Council Pro Helvetia; he curates literary exhibitions, is active in a broad range of journalistic work, among other things for the Neue Zürcher Zeitung, and is in charge of the blog and website of the “Schweizer Buchjahr” which contributes significantly to contemporary literary discourse.

Among his most important book publications are: "Die Zukunft der Dichtung. Geschichte des literarischen Orakels 1450-2050" (“The Future of Poetry. The History of the Literary Oracle 1450-2050”); “Plagiat. Eine unoriginelle Literaturgeschichte”( “Plagiarism. An Unoriginal Literary History”) and “Literarisches Eigentum. Zur Ethik geistiger Arbeit im digitalen Zeitalter” (“Literary Property. On the Ethics of Intellectual Work in the Digital Age”).

Kerstin Schuster

Having obtained a university degree in Romance Studies and Political Science, Kerstin Schuster worked in the bookselling trade. Since 1993 she is trading licenses for the international market. She has worked till 2001 for the literary agency Dr. Ray-Güde Martin, from 2001 until 2013 for the publishing house S. Fischer Verlag in Frankfurt, and since 2014 for the Droemer Knaur publishing group.

For many years now, Kerstin Schuster is also facilitating seminars on how to successfully offer and sell licenses in the international market.

Zakir Thomas

Mr. Thomas is an expert in the field of intellectual property. He has served as a former Registrar of Copyright for the Government of India, and as a project director of the Open Source Drug Discovery Initiative under the Council of Scientific & Industrial Research (a premier R&D org). His expertise spans across copyright, open source innovation, neglected diseases and innovation ecosystem in science and technology in India.

For more details visit https://cis-india.org/a2k/events/seminar-on-rethinking-copyright-and-licensing-for-digital-publishing-today-delhi-jan-23-2017

WikiSangamotsavam 2016

manasa@cis-india.org — 2017-02-06T12:47:54Z

The Malayalam Wikipedia community jointly held its anniversary celebrations and annual gathering in Kasaragod district, Kerala from 26 to 28 December, 2016. The Centre for Internet and Society was invited to partake in the event.

The Malayalam Wikipedia community held its fifth annual gathering, WikiSangamotsavam, in Kasaragod, the northernmost district of the state of Kerala. The culturally diverse district is a melting pot of seven actively spoken languages- Malayalam, Kannada, Tulu, the Beary dialect, Tamil, Marathi and Konkani. It was a three day affair from the 26th to 28th December 2016, with the third day’s WikiVoyage incubator session fittingly held on a houseboat out in the Bekal lake! The event commemorated the regional Wikipedia’s completion of 14 years which fell on the 21st of the month. The community aims to build advanced technical support for its members in the next year.

The first day was marked by a seminar by Mr. Sathyaseelan, a differently abled Wikipedian who demonstrated(video from previous meetup here) how to convert voice to text using Optical Character Recognition (OCR) methods for visually challenged Wikipedians. This was followed by a session on Open Street Mapping by the newly elected Malayalam Wikipedia administrator Ranjith Siji. In a one-on-one sit down, Ranjit candidly spoke about the technical challenges that the Malayalam Wikipedia and the wider Wikipedia community faces today. He opines that the existing mobile support for editing wikis is proving insufficient and more robust apps need to be developed to make Wikipedia more mobile ready for on-the-go editors. He’s taking this up as his personal mission for the upcoming year. In light of using freely reusable data, Ranjit says, “collaborative editing must also be enabled as groups can work together to improve local knowledge.”

The second day began with a formal opening ceremony by P. Karunakaran, Member of Parliament for the Kasaragod constituency. He spoke on the importance of furthering the cause of knowledge in India’s most literate state. Then, the Malayalam Wikipedia community sat down for a transparent round table discussion on progress made and targets to be set for 2017. The community noted the success of programs and activities like Ente Gramam (which encouraged members to detail information regarding their village/ ancestral village), Olympics month, Wikipedia Asian Month, Wiki 100 Days, etc. The Wiki 100 Days in particular led to the creation of close to 80 articles a day in Malayalam Wikipedia. The number of articles also saw a surge post the Wiki Conference India 2016 held in Punjab. The discussion mulled on the aspects that need to be improved upon such as selected articles and selected photos on the Main Page which see unenthusiastic voting numbers amongst the community members. Manoj K, an active community member, proposed the strategy of targeting groups of editors(old/new) with niche knowledge of a specific subject or focus area. He related his own experience in this regard: “I’m part of many bird watching and environmental clubs and I talk to them about Wikipedia so that they can use their knowledge about conservation or birds to edit or create those specific wikis.” He also identified challenges that were administrative in nature. “When offline events increase, online participation tends to decrease due to the leg work involved”, he observes. In addition, he feels grant writing and documentation training would also benefit the community. He added that religious vandalism of articles on monuments by fringe groups is also an issue faced by the community.

Anil Kumar, another long time Wikipedian, spoke of the general increase in awareness regarding editing Wikipedia in smaller towns and districts in Kerala. He pointed out that reviving School Wiki would further increase awareness and, subsequently, participation. The Kerala government’s IT@School project is now leading the efforts behind reviving School Wiki which aims to document (in Malayalam) details of all the schools in the state. K. Anvar Sadat, the Executive Director of IT@School spoke to the Malayalam Wikipedia community in a video message enumerating the benefits of a detailed statewide school database. The community also aims to complete their target of 50, 000 Wikipedia articles by the end of the year. The second day came to a close with a seminar on mangalamkali, a local folk dance in the district by Master Ramachandran.

Ranjit Siji further outlined the agenda for 2017 saying that data scraping of public records onto Wikipedia and a tool to maintain edit-a-thons will be a key focus for the community this year. He said, “when data can flow from public record to a wiki, it makes editing much easier and accessible even for new editors.”

When asked Manoj added that the community plans to conduct more online and offline events for community bonding. He said, “monthly meetings and edit-a-thons will keep the community active.” 2017 will also see Wikipedians in the community being rewarded through recognition of their pioneering efforts, he said. However, he emphasised the need for public and social media branding of future events. The final day of the annual gathering was held on a houseboat in Nileshwar. Wikipedian Sajal Karikkan gave a presentation on the Malayalam WikiVoyage project, still in incubation, where users could provide travel guidance about areas they are most familiar with. It was enthusiastically received by the community members. While the event was timed between Christmas and New Year, it did see some enthusiastic participation. However, the community did lack significant participation of women to bridge the gender divide(see chart below). Smitha, a long time Wikipedian and oceanographer feels that working women find it harder. She says, “they simply don’t have the time with their work and family commitments.” With the community planning to create mobile apps for editing in Malayalam, this could be sufficiently addressed through focused efforts to involve more women.

For more details visit https://cis-india.org/a2k/blogs/wikisangamotsavam-2016

Lost your phone? Here's how you can make your mobile theft-proof

praskrishna — 2017-01-19T02:40:21Z

Losing a phone has become even more costly after the government's push for a cashless society.

The article by Sanjay Kumar Singh was published in the Business Standard on January 16, 2017. Udbhav Tiwari was quoted. Read the full article on Press Reader. Udbhav Tiwari was quoted.

Prime Minister Narendra Modi, while pitching for cashless transactions, has coined a new phrase — your mobile is a bank. If you really want to use your mobile phone as a bank, remember the costs of losing it are much higher. Earlier, if you lost your mobile phone, there was the risk of misuse of personal data. Now, with most gadgets also carrying mobile wallet apps, there is the added risk of serious financial loss. A number of security solutions, available in the form of external security software or in-built into the phone, can help you track the device, lock it and minimise the probability of misuse.

First, it should give you some satisfaction that if your device is of recent vintage, someone stealing your phone will not be able to use it. Earlier, thieves would wipe the data on the phone (if it had a pin), set up a new account, and use it. But if it is an Apple phone that came out after 2014 or a phone with Android 6.0 Marshmallow or higher operating system (OS), the server will ask for login information of the first account (with which the owner had initially set up the phone). Only then will it allow someone to set up a second account on the same device. Since that information is not likely to be available to the thief, the phone will be of little use to him.

Track your device

Both Apple and Android have in-built features that allow you to track your device if it gets lost. In Apple it is called 'Find my phone' and on Android, 'Android device manager'. When you log in through your Apple or Google account while setting up the phone, this feature gets enabled by default. After your phone is stolen, go online and type 'Find my phone' or 'Android device manager'. Use your account credentials to log in. As long as your phone is on and is connected to the Internet, it will broadcast its location. If it has been switched off or can't connect to the Internet, you will only be able to see the last location from where it transmitted.

Antivirus software for mobile phones also offer tracking features. "Using our mobile security software, users can locate their lost device on a map or receive the location coordinates through an SMS," says Ritesh Chopra, country manager, Norton by Symantec. These software also enable you to lock the lost device remotely either from the antivirus software's web site or by sending an SMS. Chopra informs that you can also remotely delete all the data stored either on the device or its memory card. Users can also trigger an alarm if they think their device is still in the vicinity. "Some antivirus software also allow you to take snapshots of the illegal user once the original user has reported it as stolen," says Udbhav Tiwari, policy officer at the Centre for Internet and Society, Bengaluru.

Take preventive security measures

How well your phone and the data on it are protected after theft will, however, depend on the security measures you adopt proactively while the phone is in your possession.

Install a password: The first stage of protection you should adopt is a pin, pattern lock, or password for your mobile phone. If you don't set up a pin, everything that doesn't require a second level of authentication is available to anyone who gets possession of your device. If you lose your laptop but have logged out of your email or social networking account, the thief can't access them. But on mobile phones most of these services don't require a second level of authentication.

Most alarming from a financial standpoint is the fact that most mobile wallets don't ask for a password before allowing you to transact (Paytm has introduced one recently). "If you have a mobile wallet and don't have a pin on your phone and it gets stolen, the thief can easily transfer money from your wallet to another," says Tiwari. Most mobile and net banking apps, however, require a login and password every time you want to access them, and are hence safer.

Set a pin promptly--a strong one that can't be easily guessed. Numbers associated with you, such as your birthday, are a strict no-no. If your phone carries especially sensitive or important data, eschew pins altogether and use a detailed password with a diverse combination of characters.

Nowadays you can also deploy fingerprint-based unlocking feature on your phone. "By using Fonetastic for the Android platform, you can set the fingerprint unlock feature on your phone," informs Sanjay Katkar, managing director and chief technology officer, Quick Heal Technologies.

Encrypt data on your device: Even if you set up a pin or password, the data on your mobile phone is not protected. Hackers can bypass it and gain access to your files. To protect data, OS developers like Google and Apple encrypt data. The device encryption feature works using something unique on your device, such as its serial number, and your pin. Even if someone gets access to your files via a computer, they will not be able to open them. These files will open only on your phone, and for that they will need your pin, password or pattern lock (presuming you have set one).

In all iOS phones, the moment you set your pin, all files get automatically encrypted. In any Android phone purchased within the last one year (that runs on Android 6.0 Marshmallow by default), the same holds true. But if you have an older Android phone or OS version, you need to enable this feature manually. Go to Settings, then to Security, find an option called 'Encrypt phone' and click on it.

Install an app lock: Some security apps allow you to lock the apps on your phone and also encrypt the files produced by those apps. When you start an app, the security app will ask for a pin. And when you exit an app, it will encrypt the files stored within the app. Go to Google Play or iStore and type 'encrypted file storage' to get the most popular lock-and-encrypt apps. "If you use device-level encryption, you may not need these apps, as the former locks and encrypts the entire device," says Tiwari

For more details visit https://cis-india.org/internet-governance/news/business-standard-january-16-2017-sanjay-kumar-singh-lost-your-phone-here-is-how-you-can-make-your-mobile-theft-proof

Digital transitions in the newsroom: How are Indian language papers adapting differently?

zeenab — 2017-02-03T01:50:20Z

In a new report published by the Reuters Institute for the Study of Journalism and Centre for Internet and Society, Zeenab Aneez explores how Indian newsrooms are adapting their workflow and processes to cater to an increasing digital audience and the implications these changes have on how journalists produce news.

This was published on the website of the London School of Economics and Political Science on January 16, 2017.

Global discussions about how the rise of the Internet has impacted journalism and news publishers has involved accounts of newspapers stopping publication altogether, or bringing their presses to a halt in order to direct resources to publishing solely digital content as in the case of Newsweek or the Independent. Large newspapers like The New York Times and The Guardian have successfully managed to transition from print only publications to multimedia news providers, bringing out both print and digital news but this is an ongoing and costly process.

In the Indian context however, things are a bit different, especially with regard to Indian language newspapers whose print business remains profitable, which positively impacts the dynamics of this transition. For our report, we interviewed over 30 senior editors, managers and rank-and-file journalists of three newsrooms – Hindustan Times, Dainik Jagran and Malayala Manorama – to understand how large Indian newspapers are reorganising themselves to cater to the demands of the digital space.

It has always been known than the print industry in India is still growing and we found that this leaves big Indian newspapers in a more comfortable position when it comes to investing in digital operations. Contrary to our assumptions, we discovered that these newspapers are taking aggressive steps to capture India’s growing digital audience and while Hindustan Times’ transition is very similar to English-language newspapers abroad, both Malayala Manorama and Dainik Jagran have adopted approaches that are specific to their niche audience and their position as market leaders.

Expansion rather than transition

In contrast to the Hindustan Times, which has reorganised and equipped its existing print newsroom to do print as well as digital and mobile journalism, both the Indian language newspapers have focused on launching digital operations that run parallel to the print newspaper organisation.

This involved creating new brands (Jagran Online, Jagran Josh, Manorama Online), opening up new offices and hiring new personnel geared towards putting purely digital media products, that are not limited to news.

Sukirti Gupta, CEO of MMI Online explains, “When we started thinking of our digital strategy, we were not looking so much at news but asking if there are new areas of growth as a media company and content was the first thing that seemed exciting for us. We looked at two genres that we thought would be great – health and education.”

Jagran Online includes ten websites covering news, health, entertainments, blogging and classifieds. Manorama Online lists fifteen websites as part of their operations, of which about ten are news, feature or content websites while the rest include a matrimonial site, classifieds and portals for real estate listings and doctor’s appointments.

Changing rhythms in the newsroom

The production and distribution of digital news content for Malayala Manorama and Dainik Jagran is handled primarily by their respective digital counterparts from a separate newsroom. In adopting this approach, both newspapers have partially shielded their traditional newsrooms from the difficulties that arise when moving from a print to a digital newsrooms. At the same time Manorama Online and MMI Online, which operate as start-ups within these incumbent organisations, partially avoid the inertia that comes from their established organisational and professional cultures. Although print reporters are not directly involved with the digital publication, they continue to be the primary source of news for the website and mobile applications and have to adapt their workflow according to the demands of the online space.

This means that breaking news, a prominent feature of online news, has been made a priority for all reporters. “The journalism remains the same,” says Santosh Jacob George, Editor, Manorama Online, “the only difference is that we have to break the news ourselves while print has the whole day to produce the story. We’ve requested our print reporters to file first for online, either directly into the CMS or via WhatsApp.” At Dainik Jagran, Digital Editor Shekhar Tripathi, has the right to ask a reporter to file the story immediately for the website. “First our policy was print but now online is our first priority, but not at the cost of print. If a story breaks at 8 am, it first comes to me on WhatsApp. If I’m interested, I ask the reporter for more details and then to file the story. Our print reporters have gotten into the habit of filing stories online, they give us the facts first and add perspective later,” he says.

This change in rhythm has not come easily to the print newsrooms which are accustomed to filing stories towards an evening deadline but efforts by management are towards promoting a systematic collaboration between the print and online desks. Dainik Jagran’s Chief Editor has made digital a part of every journalist’s Key Result Area (KRA). “So it’s not just the digital team’s responsibility but now everyone has it in his list of duties and responsibilities to support digital,” explains Gupta. At Malayala Manorama, a clear set of guidelines to streamline workflow were introduced; ‘They called in senior people from print to have detailed discussions on this and our senior editors also visited individual bureaus and spoke to reporters there,’ informs an associate content producer, recalling efforts to sensitise print journalists to the demands of digital news.

Emergence of new forms of newswork

Apart from the changes in workflow, the medium demands the use of various new tools and methods to gather, publish and distribute news. This has resulted in the emergence of new kinds of newswork performed by a new category of news workers. At the Hindustan Times newsroom, this work is performed by journalists who work on the online and audience engagement desks while at Dainik Jagran and Malayala Manorama, it is carried out by ‘content producers’ of the digital newsrooms. Although writers and editors for Manorama Online are journalism graduates who have also undergone journalism training specific to MM’s writing styles and journalistic values, they are designated as ‘content producers’ to differentiate their role from that of print journalists. At MMI Online, content producers do not necessarily possess prior journalistic experience, but have experience in web content production.

These content producers are social media savvy, have an eye for trending topics, are acutely aware of their competition and feel directly responsible for performance of their stories and subsequently, revenue. “We have to be very quick and prepare keyword-stuffed, trending news in a matter of minutes. It’s a race not just to get clicks but to retain the audience,” informs a junior content producer at Jagran Josh. “In print, your job [is], you write your story and you are done. With online we are more responsible for the outcomes. A well-researched story may not garner too many views so we have the option and the responsibility to package and redistribute the story until it finds the audience,” explains a senior content producer at Manorama Online.

Aside from these key observations, our interviews revealed the increased use of audience analytics combined with the introduction of new applications like Chartbeat and Parse.ly that analyse performance of stories and aid in editorial decision making, the increased use of social media sites like Facebook and Twitter as a source of news and distribution, experiments with new forms of storytelling, especially with the use of mobile phones and a renewed focus on hyperlocal news especially in the case of Indian-language publications.

Our findings, which are limited to observations of what changes are taking place within newsrooms and how this is impacting journalists, open up several questions about the current state of journalism in India, the increasing interdependence on social media platforms, especially Facebook, the use of external software to make editorial decisions, the evolving role of journalists in digital newsrooms and finally, the question of developing a sustainable business model for news on the web.

This article is based on a report co-authored by Zeenab Aneez, Sumandro Chattapadhyay from the Centre for Internet and Society, Vibodh Parthasarathi of the Centre for Culture, Media and Governance, Jamia Milia Islamia and Rasmus Kleis Nielson of the Reuters Institute for the Study of Journalism. The open access report can be read and downloaded on the Reuters Institute website here.

For more details visit https://cis-india.org/raw/london-school-of-economics-and-political-science-january-16-2017-digital-transitions-in-the-newsroom-how-are-indian-language-papers-adapting-differently

Social Media Monitoring

sumandro — 2017-01-16T14:22:20Z

For more details visit https://cis-india.org/internet-governance/files/social-media-monitoring

GGF 2027 - Session 3, New Delhi - Agenda

sumandro — 2017-01-15T11:43:05Z

For more details visit https://cis-india.org/internet-governance/files/ggf-2027-session-3-new-delhi-agenda

Comments on the Report of the Committee on Digital Payments (December 2016)

Sumandro Chattapadhyay and Amber Sinha — 2017-01-12T12:32:22Z

The Committee on Digital Payments constituted by the Ministry of Finance and chaired by Ratan P. Watal, Principal Advisor, NITI Aayog, submitted its report on the "Medium Term Recommendations to Strengthen Digital Payments Ecosystem" on December 09, 2016. The report was made public on December 27, and comments were sought from the general public. Here are the comments submitted by the Centre for Internet and Society.

1. Preliminary

1.1. This submission presents comments by the Centre for Internet and Society (“CIS”) [1] in response to the report of the Committee on Digital Payments, chaired by Mr. Ratan P. Watal, Principal Advisor, NITI Aayog, and constituted by the Ministry of Finance, Government of India (“the report”) [2].

2. The Centre for Internet and Society

2.1. The Centre for Internet and Society, CIS, is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, and open access), internet governance, telecommunication reform, digital privacy, and cyber-security.

2.2. CIS is not an expert organisation in the domain of banking in general and payments in particular. Our expertise is in matters of internet and communication governance, data privacy and security, and technology regulation. We deeply appreciate and are most inspired by the Ministry of Finance’s decision to invite entities from both the sectors of finance and information technology. This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved, especially the citizens and the users. CIS is thankful to the Ministry of Finance for this opportunity to provide a general response on the report.

3. Comments

3.1. CIS observes that the decision by the Government of India to withdraw the legal tender character of the old high denomination banknotes (that is, Rs. 500 Rs. 1,000 notes), declared on November 08, 2016 [3], have generated unprecedented data about the user base and transaction patterns of digital payments systems in India, when pushed to its extreme use due to the circumstances. The majority of this data is available with the National Payments Corporation of India and the Reserve Bank of India. CIS requests the authorities concerned to consider opening up this data for analysis and discussion by public at large and experts in particular, before any specific policy and regulatory decisions are taken towards advancing digital payments proliferation in India. This is a crucial opportunity for the Ministry of Finance to embrace (open) data-driven regulation and policy-making.

3.2. While the report makes a reference to the European General Data Protection Directive, it does not make a reference to any substantive provisions in the Directive which may be relevant to digital payments. Aside from the recommendation that privacy protections around the purpose limitation principle be relaxed to ensure that payment service providers be allowed to process data to improve fraud monitoring and anti-money laundering services, the report is silent on significant privacy and data protection concerns posed by digital payments services. CIS strongly warns that the existing data protection and security regulations under Information Technology (Reasonable security practices and procedures and sensitive personal data or information), Rules are woefully inadequate in their scope and application to effectively deal with potential privacy concerns posed by digital payments applications and services. Some key privacy issues that must be addressed either under a comprehensive data protection legislation or a sector specific financial regulation are listed below. The process of obtaining consent must be specific, informed and unambiguous and through a clear affirmative action by the data subject based upon a genuine choice provided along with an option to opt out at any stage. The data subjects should have clear and easily enforceable right to access and correct their data. Further, data subjects should have the right to restrict the usage of their data in circumstances such as inaccuracy of data, unlawful purpose and data no longer required in order to fulfill the original purpose.

3.3. The initial recommendation of the report is to “[m]ake regulation of payments independent from the function of central banking” (page 22). This involves a fundamental transformation of the payment and settlement system in India and its regulation. We submit that a decision regarding transformation of such scale and implications is taken after a more comprehensive policy discussion, especially involving a wider range of stakeholders. The report itself notes that “[d]igital payments also have the potential of becoming a gateway to other financial services such as credit facilities for small businesses and low-income households” (page 32). Thus, a clear functional, and hence regulatory, separation between the (digital) payments industry and the lending/borrowing industry may be either effective or desirable. Global experience tells us that digital transactions data, along with other alternative data, are fast becoming the basis of provision of financial and other services, by both banking and non-banking (payments) companies. We appeal to the Ministry of Finance to adopt a comprehensive and concerted approach to regulating, enabling competition, and upholding consumers’ rights in the banking sector at large.

3.4. The report recognises “banking as an activity is separate from payments, which is more of a technology business” (page 154). Contemporary banking and payment businesses are both are primarily technology businesses where information technology particularly is deployed intimately to extract, process, and drive asset management decisions using financial transaction data. Further, with payment businesses (such as, pre-paid instruments) offering return on deposited money via other means (such as, cashbacks), and potentially competing and/or collaborating with established banks to use financial transaction data to drive lending decisions, including but not limited to micro-loans, it appears unproductive to create a separation between banking as an activity and payments as an activity merely in terms of the respective technology intensity of these sectors. CIS firmly recommends that regulation of these financial services and activities be undertaken in a technology-agnostic manner, and similar regulatory regimes be deployed on those entities offering similar services irrespective of their technology intensity or choice.

3.5. The report highlights two major shortcomings of the current regulatory regime for payments. Firstly “the law does not impose any obligation on the regulator to promote competition and innovation in the payments market” (page 153). It appears to us that the regulator’s role should not be to promote market expansion and innovation but to ensure and oversee competition. We believe that the current regulator should focus on regulating the existing market, and the work of the expansion of the digital payments market in particular and the digital financial services market in general be carried out by another government agency, as it creates conflict of interest for the regulator otherwise. Secondly, the report mentions that Payment and Settlement Systems Act does not “focus the regulatory attention on the need for consumer protection in digital payments” and then it notes that a “provision was inserted to protect funds collected from customers” in 2015 (page 153). This indicates that the regulator already has the responsibility to ensure consumer protection in digital payments. The purview and modalities of how this function of course needs discussion and changes with the growth in digital payments.

3.6. The report identifies the high cost of cash as a key reason for the government’s policy push towards digital payments. Further, it mentions that a “sample survey conducted in 2014 across urban and rural neighbourhoods in Delhi and Meerut, shows that despite being keenly aware of the costs associated with transacting in cash, most consumers see three main benefits of cash, viz. freedom of negotiations, faster settlements, and ensuring exact payments” (page 30). It further notes that “[d]igital payments have significant dependencies upon power and telecommunications infrastructure. Therefore, the roll out of robust and user friendly digital payments solutions to unelectrified areas/areas without telecommunications network coverage, remains a challenge.” CIS much appreciates the discussion of the barriers to universal adoption and rollout of digital payments in the report, and appeals to the Ministry of Finance to undertake a more comprehensive study of the key investments required by the Government of India to ensure that digital payments become ubiquitously viable as well as satisfy the demands of a vast range of consumers that India has. The estimates about investment required to create a robust digital payment infrastructure, cited in the report, provide a great basis for undertaking studies such as these.

3.7. CIS is very encouraged to see the report highlighting that “[w]ith the rising number of users of digital payment services, it is absolutely necessary to develop consumer confidence on digital payments. Therefore, it is essential to have legislative safeguards to protect such consumers in-built into the primary law.” We second this recommendation and would like to add further that financial transaction data is governed under a common data protection and privacy regime, without making any differences between data collected by banking and non-banking entities.

3.8. We are, however, very discouraged to see the overtly incorrect use of the word “Open Access” in this report in the context of a payment system disallowing service when the client wants to transact money with a specific entity [4]. This is not an uncommon anti-competitive measure adopted by various platform players and services providers so as to disallow users from using competing products (such as, not allowing competing apps in the app store controlled by one software company). The term “Open Access” is not only the appropriate word to describe the negation of such anti-competitive behaviour, its usage in this context undermines its accepted meaning and creates confusion regarding the recommendation being proposed by the report. The closest analogy to the recommendation of the report would perhaps be with the principle of “network neutrality” that stands for the network provider not discriminating between data packets being processed by them, either in terms of price or speed.

3.9. A major recommendation by the report involves creation of “a fund from savings generated from cash-less transactions … by the Central Government,” which will use “the trinity of JAM (Jan Dhan, Adhaar, Mobile) [to] link financial inclusion with social protection, contributing to improved Social and Financial Security and Inclusion of vulnerable groups/ communities” (page 160-161). This amounts to making Aadhaar a mandatory ID for financial inclusion of citizens, especially the marginal and vulnerable ones, and is in direct contradiction to the government’s statements regarding the optional nature of the Aadhaar ID, as well as the orders by the Supreme Court on this topic.

3.10. The report recommends that “Aadhaar should be made the primary identification for KYC with the option of using other IDs for people who have not yet obtained Aadhaar” (page 163) and further that “Aadhaar eKYC and eSign should be a replacement for paper based, costly, and shared central KYC registries” (page 162). Not only these measures would imply making Aadhaar a mandatory ID for undertaking any legal activity in the country, they assume that the UIDAI has verified and audited the personal documents submitted by Aadhaar number holders during enrollment. A mandate for replacement of the paper-based central KYC agencies will only remove a much needed redundancy in the the identity verification infrastructure of the government.

3.11. The report suggests that “[t]ransactions which are permitted in cash without KYC should also be permitted on prepaid wallets without KYC” (page 164-165). This seems to negate the reality that physical verification of a person remains one of the most authoritative identity verification process for a natural person, apart from DNA testing perhaps. Thus, establishing full equivalency of procedure between a presence-less transaction and one involving a physically present person making the payment will only amount to removal of relatively greater security precautions for the former, and will lead to possibilities of fraud.

3.12. In continuation with the previous point, the report recommends promotion of “Aadhaar based KYC where PAN has not been obtained” and making of “quoting Aadhaar compulsory in income tax return for natural persons” (page 163). Both these measures imply a replacement of the PAN by Aadhaar in the long term, and a sharp reduction in growth of new PAN holders in the short term. We appeal for this recommendation to be reconsidered as integration of all functionally separate national critical information infrastructures (such as PAN and Aadhaar) into a single unified and centralised system (such as Aadhaar) engenders massive national and personal security threats.

3.13. The report suggest the establishment of “a ranking and reward framework” to recognise and encourage for the best performing state/district/agency in the proliferation of digital payments. It appears to us that creation of such a framework will only lead to making of an environment of competition among these entities concerned, which apart from its benefits may also have its costs. For example, the incentivisation of quick rollout of digital payment avenues by state government and various government agencies may lead to implementation without sufficient planning, coordination with stakeholders, and precautions regarding data security and privacy. The provision of central support for digital payments should be carried out in an environment of cooperation and not competition.

3.14. CIS welcomes the recommendation by the report to generate greater awareness about cost of cash, including by ensuring that “large merchants including government agencies should account and disclose the cost of cash collection and cash payments incurred by them periodically” (page 164). It, however, is not clear to whom such periodic disclosures should be made. We would like to add here that the awareness building must simultaneously focus on making public how different entities shoulder these costs. Further, for reasons of comparison and evidence-driven policy making, it is necessary that data for equivalent variables are also made open for digital payments - the total and disaggregate cost, and what proportion of these costs are shouldered by which entities.

3.15. The report acknowledges that “[t]oday, most merchants do not accept digital payments” and it goes on to recommend “that the Government should seize the initiative and require all government agencies and merchants where contracts are awarded by the government to provide at-least one suitable digital payment option to its consumers and vendors” (page 165). This requirement for offering digital payment option will only introduce an additional economic barrier for merchants bidding for government contracts. We appeal to the Ministry of Finance to reconsider this approach of raising the costs of non-digital payments to incentivise proliferation of digital payments, and instead lower the existing economic and other barriers to digital payments that keep the merchants away. The adoption of digital payments must not lead to increasing costs for merchants and end-users, but must decrease the same instead.

3.16. As the report was submitted on December 09, 2016, and was made public only on December 27, 2016, it would have been much appreciated if at least a month-long window was provided to study and comment on the report, instead of fifteen days. This is especially crucial as the recently implemented demonetisation and the subsequent banking and fiscal policy decisions taken by the government have rapidly transformed the state and dynamics of the payments system landscape in India in general, and digital payments in particular.

Endnotes

[1] See: http://cis-india.org/.

[2] See: http://finmin.nic.in/reports/Note-watal-report.pdf and http://finmin.nic.in/reports/watal_report271216.pdf.

[3] See: http://finmin.nic.in/cancellation_high_denomination_notes.pdf.

[4] Open Access refers to “free and unrestricted online availability” of scientific and non-scientific literature. See: http://www.budapestopenaccessinitiative.org/read.

For more details visit https://cis-india.org/internet-governance/blog/comments-on-the-report-of-the-committee-on-digital-payments-dec-2016

Telugu Wikipedia stall at Vijayawada Book Festival

Pavan Santhosh — 2017-04-15T16:23:32Z

The Telugu Wikipedia community put up a stall at the Vijayawada Book Festival in January, in order to increase reach of the regional language encyclopaedia.

Last in a series of book stalls set up across the Telugu-speaking region, the Telugu community set up shop at the 27th Vijayawada Book Festival from 3 to 11 January 2017 at the PWD Grounds. The community had previously set up similar book stalls in Rajahmundry and Hyderabad. Considered one of the largest book festivals in India with deep-rooted cultural significance in the Telugu literary circles, the Telugu community aims to increase the reach and visibility of Telugu Wikipedia through the setting up of this stall.

The book festival, open for the public from 11 am to 11 pm, was inaugurated by Kendra Sahitya Akademi winner Rachapalem Chandrasekhar Reddy, with a collection of 235 stalls to browse from. The festival was organised in partnership with the Andhra Pradesh Department of Language and Culture and NTR Trust. The stall was set up by Telugu Wikipedia community members with support from CIS-A2K and NTR Trust.

More than 150 individuals were engaged through this event. Interested members of public would receive follow-up through "Know-How" videos of Telugu Wikipedia. This provides basic information regarding editing and contributing to Wikipedia and its sister projects. They would also receive invitations to offline events taking place in Vijayawada in the future.

Telugu Wikipedia editor User:Pranayraj1985 said of his experience in talking to the public about Telugu Wikipedia, "I learnt a lot about what people know about Wikipedia and what they didn't know. In general, many of the visitors exclaim when they [come to] know, there is Wikipedia in Telugu language. But, in contrast, here in Vijayawada, we could at least find handful of people who knew there is something called Telugu Wikipedia.

The link to the events page on meta can be found here.

For more details visit https://cis-india.org/a2k/blogs/telugu-wikipedia-stall-at-vijayawada-book-festival

Orientation & Training session of Jalbiradari Activists

Subodh Kulkarni — 2017-04-16T11:30:24Z

An Orientation & Training session of Jalbiradari Activists was held on 4 January, 2017

A Marathi Wikipedia orientation and training session was conducted for Jalbirdari activists on 4 January, 2017 at the Kokale District, Sangli, Cooperative Society Hall. The event was keeping in line with CIS-A2K's attempts at engaging with communities of interest. The Jalbiradari water conservationists were introduced to Wikipedia and its projects. They were given an orientation on Marathi Wikipedia as a knowledge resource and encouraged to write about their village, water and environmental issues on Marathi Wikipedia.

The participants were involved in an open interaction with the community on local issues and cultivation and preservation of local knowledge. With 30 members taking part in the three-hour-long event, four articles were created and edited on Marathi Wikipedia.

The meta page for the event can be found here.

For more details visit https://cis-india.org/a2k/blogs/orientation-training-session-of-jalbiradari-activists

December 2016 Newsletter

praskrishna — 2017-01-28T12:02:23Z

Welcome to the December 2016 newsletter of the Centre for Internet and Society (CIS).

Dear readers,

Wishing you a happy and prosperous New Year. As the New Year unfolds we are glad to bring you developments from the last month of the year gone by for your reference. Thank you for reading the Centre for Internet and Society's (CIS) December 2016 newsletter.

Previous issues of the newsletters can be accessed here.

Highlights
Telugu Theatre scholar Pranay Raj Vangari created a record by completing a challenge that is famous worldwide in Wikimedia community - "100 Days-100 Articles". Rohini Lakshané attended the 25th session of the World Intellectual Property Organization Standing Committee on the Law of Patents held in Geneva from December 12 - 15, 2016 and made a statement on Future Work. She also submitted a statement on the Assessment of Inventive Step to Secretariat for the WIPO Standing Committee for the Law of Patents, Twenty Fifth Session. CIS submitted inputs to the Working Group on Enhanced Cooperation on Public Policy Issues Pertaining to the Internet (WGEC) on 15 December 2016. The WGEC sought inputs on two questions that will guide the next meeting of the Working Group which is scheduled to take place on the 26-27 January 2017. Udbhav Tiwari wrote an article on the technical, legal and jurisdictional issues around the recent Twitter and email hacks claimed by the ‘Legion Crew’, and what can targeted entities do to better protect themselves. Amber Sinha wrote a blog entry that focuses on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users. CIS is pleased to bring you the second title of the CIS Papers series. This report by P.P. Sneha comes out of an extended research project supported by the Kusuma Trust. The study undertook a detailed mapping of digital practices in arts and humanities scholarship, both emerging and established, in India. Zeenab Aneez wrote a report that examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment. CIS made a submission on the Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks published by the TRAI on November 15, 2016. Our analysis of the solution proposed in the Note, in brief, is that there is no need of a solution for non-existing interoperability problem for authentication and payment services for accessing public Wi-Fi networks.

CIS in the news:

Lack of clarity about cashless and online transactions makes digital payments more worrisome (Neha Alawadhi; Economic Times; December 1, 2016).
Changing the typographic landscape of a country: one letter at a time (Pooja Saxena; Storyweaver; December 1, 2016).
No laws in India to protect customers if they lose money during digital transactions (Alnoor Peermohamed; Business Standard; December 2, 2016).
Fake Narendra Modi apps aplenty, but it’s up to users to protect themselves (Indian Express; December 2, 2016). Also see Nandini Yadav's blog post in BGR on December 3, 2016.
Your digital wallet can be a ‘pickpocket’ (The Hindu; December 5, 2016).
Most popular smartphone apps inaccessible to disabled: Study (ET Telecom; December 7, 2016).
English gottila,job illa (Regina Gurung; Indian Express; December 7, 2016).
Bumpy road ahead for RFID Tags in vehicles (Smriti Sharma Vasudeva; Statesman; December 7, 2016).
India's Tech Policy Entrepreneurs (Rohin Dharmakumar; The Ken; December 8, 2016).
Vijay Mallya cries foul after his Twitter and email accounts are hacked (Alnoor Peermohamed; Business Standard; December 10, 2016).
విజ్ఞాన నిధి వికీపీడియా.. (Namaste Telangana; December 11, 2016).
వికీపీడియాతో విజ్ఞాన విప్లవం (Andhra Bhoomi; December 11, 2016).
Wikipedia is a Newspaper (Namaste Telangana; December 11, 2016).
Wikipedian Pavan Santhosh says Telugu Wikipedians are creating Knowledge revolution (in Telugu) (Andhra Jyoti; December 12, 2016).
Wikipedia Event in Mangalore (Vijaya Karnataka; December 18, 2016).
With power, phone and internet services affected, Chennai is still recovering from Cyclone Vardah (Vinita Govindarajan and Sruthisagar Yamunan; Scroll.in; December 20, 2016).

पीजी जूलॉजी विभाग में एक दिवसीय समागम का आयोजन (Hindustan, December 20, 2016).

How private companies are using Aadhaar to try to deliver better services (but there's a catch) (M. Rajshekhar; Scroll.in; December 22, 2016).
‘IT hub’ K’taka ranks No 12 in e-deals (Christin Philip Mathew; New Indian Express; December 27, 2016).
India’s ruling party takes online abuse to a professional level (Samanth Subramanian; December 31, 2016).

CIS members published the following articles:

Digital native: The View from My Bubble (Nishant Shah; Indian Express; December 4, 2016).
Indian Newspapers' Digital Transition (Zeenab Azeez; Reuters Institute for the Study of Journalism; December 9, 2016).
The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India (Sunil Abraham and Vidushi Marda; GIS Watch; December 9, 2016)
The Curious Case of Poor Security in the Indian Twitterverse (Udbhav Tiwari; The Wire; December 17, 2016).
Pranay Raj record in 100 days-100 articles (Pavan Santhosh; Andhra Jyoti; December 17, 2016).
Digital Native: People Like Us (Nishant Shah; Indian Express; December 18, 2016).
వంద రోజులు.. వంద వ్యాసాలు - తెలుగు వికీపీడియాలో మోత్కూరు యువకుని రికార్డు (100 Days...100 Articles: Wikipedian from Motkur created record in Telugu Wikipedia) (Pavan Santhosh; Andhra Jyoti; December 18, 2016).

Jobs

CIS is seeking applications for:

-------------------------------------
Accessibility & Inclusion
-------------------------------------
India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

Event Co-organized

International Accessibility Summit of Shaastra 2017 (Organized by CIS and IIT, Madaras; December 31 - January 3, 2017). Nirmita Narasimhan was a panel moderator.

Participation in Event

Best Practices in Digital Accessibility (Organized by IIM, Bangalore; December 19, 2016). Nirmita Narasimhan was a panelist.

-----------------------------------
Access to Knowledge
-----------------------------------
Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is under a grant from the Wikimedia Foundation, is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►Copyright and Patent

Statements

25th Session of the WIPO SCP: Statement on Assessment of Inventive Step (Rohini Lakshané; December 15, 2016).
25th Session of the WIPO SCP: Statement on Future work (Rohini Lakshané; December 16, 2016).

Participation in Event

7th Emerging Markets Finance Conference (Organized by Finance Research Group in association with Vanderbilt Law School; Mumbai; December 15, 2016). Anubha Sinha was a panelist.

►Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Blog Entries

Freedom in Feb — an awareness increasing campaign (Tito Dutta; December 8, 2016).
A Shortcut to Freedom (Tito Dutta; December 14, 2016).
Marathi Wikipedia Edit-a-thon in Kolhapur (Subodh Kulkarni; December 16, 2016).
Ongoing Proof-reading Effort by ALC Student Wikimedians in Telugu Wikisource (Pavan Santosh and Ting-Yi Chang; December 30, 2016).

►Openness

Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

Submission

Comments on the Draft National Policy on Software Products (Anubha Sinha, Rohini Lakshané, and Udbhav Tiwari; December 11, 2016).

-----------------------------------
Internet Governance
-----------------------------------

As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Privacy

Blog Entries

Privacy and Security Implications of Public Wi-Fi - A Case Study (Vanya Rakesh; December 9, 2016).
Habeas Data in India (Vipul Kharbanda and edited by Elonnai Hickok; December 10, 2016).
Workshop Report - UIDAI and Welfare Services: Exclusion and Countermeasures (Vanya Rakesh; December 14, 2016).
Enlarging the Small Print: A Study on Designing Effective Privacy Notices for Mobile Applications (Meera Manoj; December 14, 2016).
Protection of Privacy in Mobile Phone Apps (Hitabhilash Mohanty and Edited by Leilah Elmokadem; December 15, 2016).
ISO/IEC JTC 1 SC 27 Working Group Meetings - A Summary (Vanya Rakesh; December 16, 2016).
Deep Packet Inspection: How it Works and its Impact on Privacy (Amber Sinha; December 16, 2016).

Participation in Events

Industry Consultation Panel on Data Retention - DSCI (Organized by Data Security Council of India; New Delhi; November 23, 2016). This was mirrored on the website on December 6, 2016. Udbhav Tiwari was a panelist.
11th DSCI-NASSCOM Annual Information Security Summit 2016 (Organized by DSCI and NASSCOM; December 14, 2016). Udbhav Tiwari was a panelist.
Workshop on Center for IT and Society (Organized by IIT, Delhi; December 20, 2016). Amber Sinha attended the event.

►Free Speech & Expression

Blog Entries

ISIS and Recruitment using Social Media – Roundtable Report (Vidushi Marda, Aditya Tejus, Megha Nambiar and Japreet Grewal; December 15, 2016).
Inputs to the Working Group on Enhanced Cooperation on Public Policy Issues Pertaining to the Internet (WGEC) (Sunil Abraham and Vidushi Marda, with inputs from Pranesh Prakash; December 17, 2016).

Participation in Event

Myanmar Digital Rights Forum (Organized by Phandeeyar, You Can Do IT, Engage Media and Myanmar Centre for Responsible Business with support from the Embassy of Sweden; December 14 - 15, 2016). Sunil Abraham was a speaker.

►Big Data

Participation in Events

"Decoding the Digital" (Organized by Centre for IT and Public Policy at IIIT; Bangalore; December 12 - 14, 2016). Vanya Rakesh attended the event.
The EU and Free Flows of Data - Data Protection, Trade and Law Enforcement (Organized by the Department of European Studies; Bangalore; December 14, 2016). Ameila Andersdotter gave a talk.

Blog Entry

The Technology behind Big Data (Geethanjali Jujjavarapu and Udbhav Tiwari; December 1, 2016).

►Cyber Security

Blog Entries

Developer team fixed vulnerabilities in Honorable PM's app and API (Bhavyanshu Parasher; December 4, 2016).
Incident Response Requirements in Indian Law (Vipul Kharbanda; December 28, 2016).
Mapping of India’s Cyber Security-Related Bilateral Agreements (Leilah Elmokadem and Saumyaa Naidu; December 29, 2016).
Mapping of Sections in India’s MLAT Agreements (Leilah Elmokadem and Saumyaa Naidu; December 31, 2016).

Event Organized

Multistakeholder Consultation on Encryption (Organized by CIS with ORF and Takshashila Institution; TERI, Bangalore; December 17, 2016).

-----------------------------------
Telecom
-----------------------------------
CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Submission

CIS Submission to TRAI Consultation Note on Model for Nation-wide Interoperable and Scalable Public Wi-Fi Networks (Japreet Grewal, Pranesh Prakash, Sharath Chandra, Sumandro Chattapadhyay, Sunil Abraham, and Udbhav Tiwari, with expert comments from Amelia Andersdotter; December 12, 2016).

-----------------------------------
Researchers at Work
-----------------------------------
The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Research Paper

Mapping Digital Humanities in India (P.P. Sneha; December 30, 2016).

-----------------------------------
About CIS
-----------------------------------
The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and citizen rights on the Internet! Write a cheque in favour of 'The Centre for Internet and Society' and mail it to us at No. 194, 2nd 'C' Cross, Domlur, 2nd Stage, Bengaluru - 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/december-2016-newsletter

P.P. Sneha - Mapping Digital Humanities in India

sneha-pp — 2016-12-31T05:56:49Z

It gives us great pleasure to publish the second title of the CIS Papers series. This report by P.P. Sneha comes out of an extended research project supported by the Kusuma Trust. The study undertook a detailed mapping of digital practices in arts and humanities scholarship, both emerging and established, in India. Beginning with an understanding of Digital Humanities as a 'found term' in the Indian context, the study explores the discussion and debate about the changes in humanities practice, scholarship and pedagogy that have come about with the digital turn. Further it inquires about the spaces and roles of digital technologies in the humanities, and by extension in the arts, media, and creative practice today; transformations in the objects and methods of study and practice in these spaces; and the shifts in the imagination of the ‘digital’ itself, and its linkages with humanities practices.

Download: Mapping Digital Humanities in India (PDF)

Foreword

What different forms do digital humanities (DH) research and expertise take around the world? My colleagues and I investigated this question for our report on Building Expertise to Support Digital Scholarship: A Global Perspective. In some places, we struggled to find resources on local practices in DH, but fortunately in India we could draw upon the excellent work of P.P. Sneha and the Centre for Internet and Society. In a series of insightful blog posts, Sneha explored the implications of technology for humanities scholarship and surveyed digital humanities practices in India.

Now Sneha has brought this work together in “Mapping Digital Humanities in India.” Rather than falling into naive boosterism or superficial critique, this report plumbs deep questions about humanistic knowledge in a digital age: What do we make of textuality in a digital environment? How might digital tools and platforms contribute to conflicts about authority? How does digital infrastructure affect how humanities research can be practiced? Sneha probes the complexities of these questions, drawing from theorists such as Benjamin, Derrida and Foucault as well as digital humanities scholars such as Franco Moretti and Patrik Svensson.

From this strong theoretical foundation, “Mapping Digital Humanities in India” explores specific challenges and possibilities for DH in India, synthesizing rich interviews with a range of Indian scholars. Sneha notes that digital humanities is in an “incipient stage” in India, given the persistence of the digital divide in much of the country, the association of the term with a specific history in the Anglo-American context, and concerns about the uncritical embrace of technology. The report highlights several Indian projects that demonstrate how technology can be used to create and disseminate humanistic knowledge. Creating online resources in Indic languages poses challenges, especially inputting languages and translating between them. To create an online variorum of Nobel prize-winning author Rabindranath Tagore’s works, Bichitra had to develop a Bangla character set. Bichitra enables readers to collate texts at the level of the chapter/canto, paragraph/stanza or word. In the realm of film and video, Indiancine.ma (which archives Indian films from the pre-copyright period) and Pad.ma (which houses found and deposited audio, video, and allied materials) offer powerful annotation tools and open up the archive into a space for interpretation and collaboration.

As digital humanities scholars attempt to move past a limited, Anglo-American perspective, “Mapping Digital Humanities in India” provides a model for how we can understand local practices in DH and connect them to ongoing discussions about humanistic knowledge. Through this report, readers can navigate central issues in digital humanities, explore the Indian context, and critically examine culturally based assumptions about DH practices.

- Lisa Spiro, Executive Director, Digital Scholarship Services, Rice University, Texas, USA

Executive Summary

In the short time span that the term ‘digital humanities’ (henceforth DH) has been around in the Indian academic landscape, it had generated much discussion and debate about the changes in humanities practice, scholarship and pedagogy that have come about with the digital turn. What are the spaces and roles of digital technologies in the humanities, and by extension in the arts, media, and creative practice today? How has it transformed objects and methods of study and practice in these spaces? What does it tell us about the relationship between the humanities and technology? Perhaps most importantly, what is our imagination of the ‘digital’ itself, and how does it shape our humanities practices?

These are but a few of the questions that this study on mapping key conversations and actors around the term DH tries to explore in some detail. While the study began as an attempt to understand the growing interest around the term itself in India, its scope has extended to explore what specific contexts and conditions are in place in India that give it critical purchase. Five universities now offer various programmes in DH in India - ranging from a Master’s degree to certificate courses, and there have been several workshops, winter schools, seminars and one national level consultation over the last five years. Academic and applied practices focus on building of digital archives, film studies, game studies, textual studies, cultural heritage and critical making to name just a few. While these efforts have managed to create a growing interest in DH, there is still a lack of consensus on what exactly constitutes the field in India. Thus, questions around definition, ontology, and method remain pertinent, as does the need for recognition by the national academic bureaucracy.

Context is another important factor here - most global narratives of DH reiterate a predominantly Anglo-American narrative that draws from a history in the field of humanities computing, as well as a crisis in higher education, particularly in the humanities and liberal arts. The efforts to map different histories of DH in the last couple of years, seen in the emergence of fields such as postcolonial DH and feminist DH, then point to diverse locations, and more intersectional perspectives from which the discourse around the field is being shaped. This is an important opportunity to better contextualise the debates around the digital as well – where conditions and hierarchies of access and usage, transition from analogue to the digital, and the notion of ‘digitality’ itself need to be defined and understood better. In India, with initiatives such as the Digital India programme, and the increasing push for the adoption of digital technologies in every sphere from education to governance, and now a steady push towards a digital economy, there is already a tremendous amount of investment in the idea of the digital by a diverse group of stakeholders. These advancements, and the enthusiasm, must be read within the context of a rather chequered and uneven history of the growth of science and technology in India, the advent of the internet and adoption of ICT4D, and existence of digital divides at different levels. The changing higher education system in India, and criticism around a profit-driven model of education, along with the entry of a large number of private actors in the field in the form of MOOCs and other online platforms in the last few years also contribute to this growing interest in DH, as also much of its criticism. In fact, the global discourse on DH and its linkages with shifts in government funding has seen increasingly polarized positions, with many humanities scholars being uncertain about the political or critical stake of the field, and a concern about the its focus on certain kinds of methods and skill sets at the expense of more traditional ones.

In India, the discourse around DH has largely remained within an academic context so far, although emerging creative practices in art, design and media may have been asking questions of a similar nature for some time now. These include efforts to understand changes in objects of enquiry from analogue to digitised and born digital artifacts, and the need for new methods of work and study that are necessitated by these new digital objects. The process of ‘digitisation’ itself is one fraught with several challenges, and demands a closer look – what are tools, resources and skills available for digitisation or creation of new digital cultural artifacts, and the context that facilitates their creation and active use in humanities research and practice. The ‘text’ as the primary cultural artifact or object of enquiry in the humanities, has undergone several changes with digitisation. Working with digital texts that are fluid and networked, and most often in languages other than English bring forth several new questions that are not only technological but also conceptual. The emergence of new digital cultural archives and online repositories, owing to the (marginally) increased access to internet and digital technologies and the growth of a culture that facilitates collecting and sharing, has greatly expanded the scope of engagement with these questions. The archive in fact forms a significant part of the discourse around DH in India - the challenges and prospects offered by digital cultural artifacts are quite diverse, ranging from modes of documentation, preservation and curation to dissemination over online spaces, and there is a need to understand these in greater detail. Infrastructure emerges as an important political and conceptual question here – while an interest in technological advancement and innovation, and the growth of a culture of free and open access to knowledge to some extent has helped facilitate work in the humanities at large, the lack of access to funding, expertise, and of course adequate, and advanced physical and technological infrastructure , such as computational methods often limits the kind of work that can be done with digital artifacts.

The implications of these changes for the study and practice of humanities are several, particularly with respect to traditional methods of pedagogy and scholarship. The access to resources like Wikipedia and devices like the mobile phone have facilitated a move towards more distributed, non-hierarchical, and individualised models and practices of learning, which simultaneously are premised upon new kinds of centralisation, hierarchies, and aggregation of information. The need to develop new forms of digital pedagogy as well as creating more spaces for such conversations within and outside the academic context would be crucial here. This growth of digitally-engaged humanities practice raises pertinent questions about how exactly the “digital turn” is transforming the humanities, its practice and politics. DH being an interdisciplinary field also offers the possibilities to engage with creative, often alternative practices that exist at the margins of mainstream academia, thus trying to encourage collaborative work across different domains of expertise. The inherited separation of disciplines, or even humanities and technology as suggested by the term DH, may then be contentious here, as it creates the opportunity to explore a twinned history of humanities and technology.

While the field of DH in India continues to develop slowly but surely, and hopefully widely, as more institutions and individuals become engaged with DH and related works, these key questions around its history, methods, and scope will continue to remain pertinent over the next years. For us at the Centre for Internet and Society, studying DH at this historical juncture when the Indian state is rushing towards embracing the “digital” provides a critical lens to understand and engage with the reconfigurations in modes and practices of arts and humanities scholarship and pedagogy in particular, and digital economies of knowledge in general.

CIS Papers

The CIS Papers series publishes open access monographs and discussion pieces that critically contribute to the debates on digital technologies and society. It includes publication of new findings and observations, of work-in-progress, and of critical review of existing materials. These may be authored by researchers at or affiliated to CIS, by external researchers and practitioners, or by a group of discussants. CIS offers editorial support to the selected monographs and discussion pieces. The views expressed, however, are of the authors' alone.

For more details visit https://cis-india.org/papers/mapping-digital-humanities-in-india

Multistakeholder Consultation on Encryption

praskrishna — 2016-12-17T01:22:35Z

The Centre for Internet & Society (CIS) in collaboration with ORF and Takshashila Institution is organizing a Multi-Stakeholder Consultation on Encryption on December 17, 2016 at TERI in Bengaluru.

The consultation is intended to help shape the discussions around the new draft encryption policy slated to be released sometime early next year. The consultation will be divided into two segments: an open house and a panel discussion with high-level government representatives, including Dr. Gulshan Rai, the National Cyber Security Coordinator. The sessions start at 10.30 a.m. on December 17, 2016 and will go on for until approximately 4.30 p.m.

The discussions themselves will highlight inputs from the three main constituents affected by an encryption policy: civil society and end users, the private sector and government. The range of civil liberties and constitutional rights implicated by encryption, as well as the needs of businesses to secure data flows will be discussed. Government officials too are expected to join the consultation and will provide perspectives on encryption and legitimate access to data for law enforcement purpose.

For more info reach out to Udbhav Tiwari (udbhav@cisindia.org) or Bedavyasa Mohanty (bedavyasam@orfonline.org)

For more details visit https://cis-india.org/internet-governance/events/multistakeholder-consultation-on-encryption

Myanmar Digital Rights Forum Agenda

praskrishna — 2016-12-17T00:32:46Z

For more details visit https://cis-india.org/internet-governance/files/myanmar-digital-rights-forum-agenda.pdf

Marathi Wikipedia Edit-a-thon in Kolhapur

subodh — 2016-12-16T23:34:10Z

On behalf of CIS-A2K team Subodh Kulkarni conducted a Marathi Wikipedia Edit-a-thon at Shivaji University in Kolhapur on 15 December 2016. The goal of the Wikipedia edit-a-thon was to build resources in the field of Political Science on Marathi Wikipedia and equip its participants with the process of contributing to Wikipedia, and to introduce it as a concept to them.

The workshop was conducted at the Political Science Department of Shivaji University for post graduate and research students and professors. The Head of the Political Science Department, Dr. Prakash Pawar actively took part in all the process. In all 22 new editors began their contribution on Wikipedia. The effort is the first step towards building long term institutional partnership with Shivaji University where many courses are run in Marathi language.

The Department of Mass Communication and the Department of Environment and Science have also evinced interest for conducting edit-a-thons for their students.

Overall the primary goals of the project include:

To introduce Wikipedia as an encyclopedia for research and a concept to new editors.
To Promote Marathi Wikipedia Community & promote the use of regional languages in Wikipedia.
To have an open interaction within the editors, existing as well as new.
To spread the awareness of Wikipedia as a powerful tool.

For more info, read the meta page

For more details visit https://cis-india.org/a2k/blogs/marathi-wikipedia-edit-a-thon-in-kolhapur

Deep Packet Inspection: How it Works and its Impact on Privacy

amber — 2016-12-16T23:14:49Z

In the last few years, there has been extensive debate and discussion around network neutrality in India. The online campaign in favor of Network Neutrality was led by Savetheinternet.in in India. The campaign was a spectacular success and facilitated sending over a million emails supporting the cause of network neutrality, eventually leading to ban on differential pricing. Following in the footsteps of the Shreya Singhal judgement, the fact that the issue of net neutrality has managed to attract wide public attention is an encouraging sign for a free and open Internet in India. Since the debate has been focused largely on zero rating, other kinds of network practices impacting network neutrality have yet to be comprehensively explored in the Indian context, nor their impact on other values. In this article, the author focuses on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users.

Background

In the last few years, there has been extensive debate and discussion around network neutrality in India. The online campaign in favor of Network Neutrality was led by Savetheinternet.in in India. The campaign, captured in detail by an article in Mint, ^{^[1]} was a spectacular success and facilitated sending over a million emails supporting the cause of network neutrality, eventually leading to ban on differential pricing. Following in the footsteps of the Shreya Singhal judgement, the fact that the issue of net neutrality has managed to attract wide public attention is an encouraging sign for a free and open Internet in India. Since the debate has been focused largely on zero rating, other kinds of network practices impacting network neutrality have yet to be comprehensively explored in the Indian context, nor their impact on other values. In this article, I focus on network management, in general, and deep packet inspection, in particular and how it impacts the privacy of users.

The Architecture of the Internet

The Internet exists as a network acting as an intermediary between providers of content and it users. ^{^[2]} Traditionally, the network did not distinguish between those who provided content and those who were recipients of this service, in fact often, the users also functioned as content providers. The architectural design of the Internet mandated that all content be broken down into data packets which were transmitted through nodes in the network transparently from the source machine to the destination machine.^{^[3]} As discussed in detail later, as per the OSI model, the network consists of 7 layers. We will go into each of these layers in detail below, however is important to understand that at the base is the physical layer of cables and wires, while at the top is application layer which contains all the functions that people want to perform on the Internet and the content associated with it. The layers in the middle can be characterised as the protocol layers for the purpose of this discussion. What makes the architecture of the Internet remarkable is that these layers are completely independent of each other, and in most cases, indifferent to the other layers. The protocol layer is what impacts net neutrality. It is this layer which provides the standards for the manner in which the data must flow through the network. The idea was for the it to be as simple and feature free as possible such that it is only concerned with the transmission data as fast as possible ('best efforts principle') while innovations are pushed to the layers above or below it.^{^[4]}

This aspect of the Internet's architectural design, which mandates that network features are implemented as the end points only (destination and source machine), i.e. at the application level, is called the 'end to end principle'.^{^[5]} This means that the intermediate nodes do not differentiate between the data packets in any way based on source, application or any other feature and are only concerned with transmitting data as fast as possible, thus creating what has been described as a 'dumb' or neutral network. ^{^[6]} This feature of the Internet architecture was also considered essential to what Jonathan Zittrain has termed as the 'generative' model of the Internet.^{^[7]} Since, the Internet Protocol remains a simple layer incapable of discrimination of any form, it meant that no additional criteria could be established for what kind of application would access the Internet. Thus, the network remained truly open and ensured that the Internet does not privilege or become the preserve of a class of applications, nor does it differentiate between the different kinds of technologies that comprise the physical layer below.

While the above model speaks of a dumb network not differentiating between the data packets that travel through it, in truth, the network operators engage in various kinds of practices that priorities, throttle or discount certain kinds of data packets. In her thesis essay at the Oxford Internet Institute, Alissa Cooper^{^[8]} states that traffic management involves three different set of criteria- a) Some subsets of traffic needs to be managed, and arriving at a criteria to identify those subsets the criteria can be based on source, destination, application or users, b) Trigger for the traffic management measure which - could be based upon time of the day, usage threshold or a specific network condition, and c) the traffic treatment put into practice when the trigger is met. The traffic treatment can be of three kinds. The first is Blocking, in which traffic is prevented from being delivered. The second is Prioritization under which identified traffic is sent sooner or later. This is usually done in cases of congestion and one kind of traffic needs to be prioritized. The third kind of treatment is Rate limiting where identified traffic is limited to a defined sending rate.^{^[9]} The dumb network does not interfere with an application's operation, nor is it sensitive to the needs of an application, and in this way it treats all information sent over it as equal. In such a network, the content of the packets is not examined, and Internet providers act according to the destination of the data as opposed to any other factor. However, in order to perform traffic management in various circumstances, Deep packet Inspection technology, which does look at the content of data packets is commonly used by service providers.

Deep Packet Inspection

Deep packet inspection (DPI) enables the examination of the content of a data packets being sent over the Internet. Christopher Parsons explains the header and the payload of a data packet with respect to the OSI model. In order to understand this better, it is more useful to speak of network in terms of the seven layers in the OSI model as opposed to the three layers discussed above.^{^[10]}

Under the OSI model, the top layer, the Application Layer is in contact with the software making a data request. For instance, if the activity in question is accessing a webpage, the web-browser makes a request to access a page which is then passed on to the lower layers. The next layer is the Presentation Layer which deals with the format in which the data is presented. This lateral performs encryption and compression of the data. In the above example, this would involve asking for the HTML file. Next comes the Session Layer which initiates, manages and ends communication between the sender and receiver. In the above example, this would involve transmitting and regulating the data of the webpage including its text, images or any other media. These three layers are part of the 'payload' of the data packet.^{^[11]}

The next four layers are part of the 'header' of the data packet. It begins with the Transport Layer which collects data from the Payload and creates a connection between the point of origin and the point of receipt, and assembles the packets in the correct order. In terms of accessing a webpage, this involves connecting the requesting computer system with the server hosting the data, and ensuring the data packets are put together in an arrangement which is cohesive when they are received. The next layer is the Data Link Layer. This layer formats the data packets in such a way that that they are compatible with the medium being used for their transmission. The final layer is the Physical Layer which determines the actual media used for transmitting the packets.^{^[12]}

The transmission of the data packet occurs between the client and server, and packet inspect occurs through some equipment placed between the client and the server. There are various ways in which packet inspection has been classified and the level of depth that the inspection needs to qualify in order to be categorized as Deep Packet Inspection. We rely on Parson's classification system in this article. According to him, there are three broad categories of packet inspection - shallow, medium and deep.^{^[13]}

Shallow packet inspection involves the inspection of the only the header, and usually checking it against a blacklist. The focus in this form of inspection is on the source and destination (IP address and packet;s port number). This form of inspection primarily deals with the Data Link Layer and Network Layer information of the packet. Shallow Packet Inspection is used by firewalls.^{^[14]}

Medium Packet Inspection involves equipment existing between computers running the applications and the ISP or Internet gateways. They use application proxies where the header information is inspected against their loaded parse-list and used to look at a specific flows. These kinds of inspections technologies are used to look for specific kinds of traffic flows and take pre-defined actions upon identifying it. In this case, the header and a small part of the payload is also being examined.^{^[15]}

Finally, Deep Packet Inspection (DPI) enables networks to examine the origin, destination as well the content of data packets (header and payload). These technologies look for protocol non-compliance, spam, harmful code or any specific kinds of data that the network wants to monitor. The feature of the DPI technology that makes it an important subject of study is the different uses it can be put to. The use cases vary from real time analysis of the packets to interception, storage and analysis of contents of a packets.^{^[16]}

The different purposes of DPI

Network Management and QoS

The primary justification for DPI presented is network management, and as a means to guarantee and ensure a certain minimum level of QoS (Quality of Service). Quality of Service (QoS) as a value conflicting with the objectives of Network Neutrality, has emerged as a significant discussion point in this topic. Much like network neutrality, QoS is also a term thrown around in vague, general and non-definitive references. The factors that come into play in QoS are network imposed delay, jitter, bandwidth and reliability. Delay, as the name suggests, is the time taken for a packet to be passed by the sender to the receiver. Higher levels of delay are characterized by more data packets held 'in transit' in the network. ^{^[17]} A paper by Paul Ferguson and Geoff Huston described the TCP as a 'self clocking' protocol.^{^[18]} This enables the transmission rate of the sender to be adjusted as per the rate of reception by the receiver. As the delay and consequent stress on the protocol increases, this feedback ability begins to lose its sensitivity. This becomes most problematic in cases of VoIP and video applications. The idea of QoS generally entails consistent service quality with low delay, low jitter and high reliability through a system of preferential treatment provided to some traffic on a criteria formulated around the need of such traffic to have greater latency sensitivity and low delay and jitter. This is where Deep Packet Inspection comes into play. In 1991, Cisco pioneered the use of a new kind of router that could inspect data packets flowing through the network. DPI is able to look inside the packets and its content, enabling it to classify packets according to a formulated policy. DPI, which was used a security tool, to begin with, is a powerful tool as it allows ISPs to limit or block specific applications or improve performances of applications in telephony, streaming and real-time gaming. Very few scholars believe in an all-or-nothing approach to network neutrality and QoS and debate often comes down to what forms of differentiations are reasonable for service providers to practice. ^{^[19]}

Security

Deep Packet inspection was initially intended as a measure to manage the network and protect it from transmitting malicious programs . As mentioned above, Shallow Packet Inspection was used to secure LANs and keep out certain kinds of unwanted traffic. ^{^[20]} Similarly, DPI is used for identical purposes, where it is felt useful to enhance security and complete a 'deeper' inspection that also examines the payload along with the header information.

Surveillance

The third purpose of DPI is what concerns privacy theorists the most. The fact that DPI technologies enable the network operators to have access to the actual content of the data packets puts them a position of great power as well as making them susceptible to significant pressure from the state. ^{^[21]} For instance, in US, the ISPs are required to conform to the provisions of the Communications Assistance for Law Enforcement Act (CALEA) which means they need to have some surveillance capacities designed into their systems. What is more disturbing for privacy theorists compared to the use of DPI for surveillance under legislation like CALEA, are the other alleged uses by organisation like the National Security Agency through back end access to the information via the ISPs. Aside from the US government, there have been various reports of use of DPI by governments in countries like China,^{^[22]} Malaysia^{^[23]} and Singapore. ^{^[24]}

Behavioral targeting

DPI also enables very granular tracking of the online activities of Internet users. This information is invaluable for the purposes of behavioral targeting of content and advertising. Traditionally, this has been done through cookies and other tracking software. DPI allows new way to do this, so far exercised only through web-based tools to ISPs and their advertising partners. DPI will enable the ISPs to monitor contents of data packets and use this to create profiles of users which can later be employed for purposes such as targeted advertising. ^{^[25]}

Impact on Privacy

Each of the above use-cases has significant implications for the privacy of Internet users as the technology in question involves access, tracking or retention of their online communication and usage activity.

Alyssa Cooper compares DPI with other technologies carrying out content inspection such as caching services and individual users employing firewalls or packet sniffers. She argues that one of the most distinguishing feature of DPI is the potential for "mission-creep." ^{^[26]} Kevin Werbach writes that while networks may deploy DPI for implementation under CALEA or traffic peer-to-peer shaping, once deployed DPI techniques can be used for completely different purposes such as pattern matching of intercepted content and storage of raw data or conclusions drawn from the data.^{^[27]} This scope of mission creep is even more problematic as it is completely invisible. As opposed to other technologies which rely on cookies or other web-based services, the inspection occurs not at the end points, but somewhere in the middle of the network, often without leaving any traces on the user's system, thus rendering them virtually undiscoverable.

Much like other forms of surveillance, DPI threatens the sense that the web is a space where people can engage freely with a wide range of people and services. For such a space to continue to exist, it is important for people to feel secure about their communication and transaction on medium. This notion of trust is severely harmed by a sense that users are being surveilled and their communication intercepted. This has obvious chilling effect on free speech and could also impact electronic commerce.^{^[28]}

Allyssa Cooper also points out another way in which DPI differs from other content tracking technologies. As the DPI is deployed by the ISPs, it creates a greater barrier to opting out and choosing another service. There are only limited options available to individuals as far as ISPs are concerned. Christopher Parsons does a review of ISPs using DPI technology in UK, US and Canada and offers that various ISPs do provide in their terms of services that they use DPI for network management purposes. However, this information is often not as easily accessible as the terms and conditions of online services. A;so, As opposed to online services, where it is relatively easier to migrate to another service, due to both presence of more options and the ease of migration, it is a much longer and more difficult process to change one's ISP.^{^[29]}

Measures to mitigate risk

Currently, there are no existing regulatory frameworks in India which deal govern DPI technology in any way. The International Telecommunications Union (ITU) prescribes a standard for DPI^{^[30]} however, the standard does not engage with any questions of privacy and requires all DPI technologies to be capable of identifying payload data, and prescribing classification rules for specific applications, thus, conflicting with notions of application agnosticism in network management. More importantly, the requirements to identify, decrypt and analyse tunneled and encrypted data threaten the reasonable expectation of privacy when sending and receiving encrypted communication. In this final section, I look at some possible principles and practices that may be evolved in order to mitigate privacy risks caused due to DPI technology.

Limiting 'depth' and breadth

It has been argued that inherently what DPI technology intends to do is matching of patterns in the inspected content against a pre-defined list which is relevant to the purpose how which DPI is employed. Much like data minimization principles applicable to data controllers and data processors, it is possible for network operators to minimize the depth of the inspection (restrict it to header information only or limited payload information) so as to serve the purpose at hand. For instance, in cases where the ISP is looking to identify peer-to-peer traffic, there are protocols which declare their names in the application header itself. Similarly, a network operators looking to generate usage data about email traffic can do so simply by looking at port number and checking them against common email ports.^{^[31]} However, this mitigation strategy may not work well for other use-cases such as blocking malicious software or prohibited content or monitoring for the sake of behavioral advertising.

While depth referred to the degree of inspection within data packets, breadth refers to the volume of packets being inspected. Alyssa Cooper argues that for many DPI use cases, it may be possible to rely on pattern matching on only the first few data packets in a flow, in order to arrive at sufficient data to take appropriate response. Cooper uses the same example about peer-to-peer traffic. In some cases, the protocol name may appear on the header file of only the first packet of a flow between two peers. In such circumstances, the network operators need not look beyond the header files of the first packet in a flow, and can apply the network management rule to the entire flow.^{^[32]}

Data retention

Aside from the depth and breadth of inspection, another important question whether and for along is there a need for data retention. All use cases may not require any kind of data retention and even in case where DPI is used for behavioral advertising, only the conclusions drawn may be retained instead of retaining the payload data.

Transparency

One of the issues is that DPI technology is developed and deployed outside the purview of standard organizations like ISO. Hence, there has been a lack of open, transparent standards development process in which participants have deliberated the impact of the technology. It is important for DPI to undergo these process which are inclusive, in that there is participation by non-engineering stakeholders to highlight the public policy issues such as privacy. Further, aside from the technology, the practices by networks need to be more transparent. ^{^[33]} Disclosure of the presence of DPI, the level of detail being inspected or retained and the purpose for deployment of DPI can be done. Some ISPs provide some of these details in their terms of service and website notices. ^{^[34]} However, as opposed to web-based services, users have limited interaction with their ISP. It would be useful for ISPs to enable greater engagement with their users and make their practices more transparent.

Conclusion

The very nature of of the DPI technology renders some aspects of recognized privacy principles like notice and consent obsolete. The current privacy frameworks under FIPP^{^[35]} and OECD ^{^[36]} rely on the idea of empowering the individual by providing them with knowledge and this knowledge enables them to make informed choices. However, for this liberal conception of privacy to function meaningfully, it is necessary that there are real and genuine choices presented to the alternatives. While some principles like data minimisation, necessity and proportionality and purpose limitation can be instrumental in ensuring that DPI technology is used only for legitimate purposes, however, without effective opt-out mechanisms and limited capacity of individual to assess the risks, the efficacy of privacy principles may be far from satisfactory.

The ongoing Aadhaar case and a host of surveillance projects like CMS, NATGRID, NETRA^{^[37]} and NMAC ^{^[38]} have raised concerns about the state conducting mass-surveillance, particularly of online content. In this regard, it is all the more important to recognise the potential of Deep Packet Inspection technologies for impact on privacy rights of individuals. Earlier, the Centre for Internet and Society had filed Right to Information applications with the Department of Telecommunications, Government of India regarding the use of DPI, and the government had responded that there was no direction/reference to the ISPs to employ DPI technology. ^{^[39]} Similarly, MTNL also responded to the RTI Applications and denied using the technology.^{^[40]} It is notable though, that they did not respond to the questions about the traffic management policies they follow. Thus, so far there has been little clarity on actual usage of DPI technology by the ISPs.

^{^[1]} Ashish Mishra, "India's Net Neutrality Crusaders", available at http://mintonsunday.livemint.com/news/indias-net-neutrality-crusaders/2.3.2289565628.html

^{^[2]} http://www.livinginternet.com/i/iw_arch.htm

^{^[3]} Vinton Cerf and Robert Kahn, "A protocol for packet network intercommunication", available at https://www.semanticscholar.org/paper/A-protocol-for-packet-network-intercommunication-Cerf-Kahn/7b2fdcdfeb5ad8a4adf688eb02ce18b2c38fed7a

^{^[4]} Paul Ganley and Ben Algove, "Network Neutrality-A User's Guide", available at http://wiki.commres.org/pds/NetworkNeutrality/NetNeutrality.pdf

^{^[5]} J H Saltzer, D D Clark and D P Reed, "End-to-End arguments in System Design", available at http://web.mit.edu/Saltzer/www/publications/endtoend/endtoend.pdf

^{^[6]} Supra Note 4.

^{^[7]} Jonathan Zittrain, The future of Internet - and how to stop it, (Yale University Press and Penguin UK, 2008) available at https://dash.harvard.edu/bitstream/handle/1/4455262/Zittrain_Future%20of%20the%20Internet.pdf?sequence=1

^{^[8]} Alissa Cooper, How Regulation and Competition Influence Discrimination in Broadband Traffic Management: A Comparative Study of Net Neutrality in the United States and the United Kingdom available at http://ora.ox.ac.uk/objects/uuid:757d85af-ec4d-4d8a-86ab-4dec86dab568

^{^[9]} Id .

^{^[10]} Christopher Parsons, "The Politics of Deep Packet Inspection: What Drives Surveillance by Internet Service Providers?", available at https://www.christopher-parsons.com/the-politics-of-deep-packet-inspection-what-drives-surveillance-by-internet-service-providers/ at 15.

^{^[11]} Ibid at 16.

^{^[12]} Id .

^{^[13]} Ibid at 19.

^{^[14]} Id .

^{^[15]} Id .

^{^[16]} Jay Klein, "Digging Deeper Into Deep Packet Inspection (DPI)", available at http://spi.unob.cz/papers/2007/2007-06.pdf

^{^[17]} Tim Wu, "Network Neutrality: Broadband Discrimination", available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863

^{^[18]} Paul Ferguson and Geoff Huston, "Quality of Service on the Internet: Fact, Fiction,

or Compromise?", available at http://www.potaroo.net/papers/1998-6-qos/qos.pdf

^{^[19]} Barbara van Schewick, "Network Neutrality and Quality of Service: What a non-discrimination Rule should look like", available at http://cyberlaw.stanford.edu/downloads/20120611-NetworkNeutrality.pdf

^{^[20]} Supra Note 14.

^{^[21]} Paul Ohm, "The Rise and Fall of Invasive ISP Surveillance," available at http://paulohm.com/classes/infopriv10/files/ExcerptOhmISPSurveillance.pdf

^{^[22]} Ben Elgin and Bruce Einhorn, "The great firewall of China", available at http://www.bloomberg.com/news/articles/2006-01-22/the-great-firewall-of-china .

^{^[23]} Mike Wheatley, "Malaysia's Web Heavily Censored Before Controversial Elections", available at http://siliconangle.com/blog/2013/05/06/malaysias-web-heavily-censored-before-controversial-elections/

^{^[24]} Fazal Majid, "Deep packet inspection rears it ugly head" available at https://majid.info/blog/telco-snooping/.

^{^[25]} Alissa Cooper, "Doing the DPI Dance: Assessing the Privacy Impact of Deep Packet Inspection," in W. Aspray and P. Doty (Eds.), Privacy in America: Interdisciplinary Perspectives, Plymouth, UK: Scarecrow Press, 2011 at 151.

^{^[26]} Ibid at 148.

^{^[27]} Kevin Werbach, "Breaking the Ice: Rethinking Telecommunications Law for the Digital Age", Journal of Telecommunications and High Technology, available at http://www.jthtl.org/articles.php?volume=4

^{^[28]} Supra Note 25 at 149.

^{^[29]} Supra Note 25 at 147.

^{^[30]} International Telecommunications Union, Recommendation ITU-T.Y.2770, Requirements for Deep Packet Inspection in next generation networks, available at https://www.itu.int/rec/T-REC-Y.2770-201211-I/en.

^{^[31]} Supra Note 25 at 154.

^{^[32]} Ibid at 156.

^{^[33]} Supra Note 10.

^{^[34]} Paul Ohm, "The Rise and Fall of Invasive ISP Surveillance", available at http://paulohm.com/classes/infopriv10/files/ExcerptOhmISPSurveillance.pdf .

^{^[35]} http://www.nist.gov/nstic/NSTIC-FIPPs.pdf

^{^[36]} https://www.oecd.org/sti/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm

^{^[37]} "India's Surveillance State" Software Freedom Law Centre, available at http://sflc.in/indias-surveillance-state-our-report-on-communications-surveillance-in-india/

^{^[38]} Amber Sinha, "Are we losing our right to privacy and freedom on speech on Indian Internet", DNA, available at http://www.dnaindia.com/scitech/column-are-we-losing-the-right-to-privacy-and-freedom-of-speech-on-indian-internet-2187527

^{^[39]} http://cis-india.org/telecom/use-of-dpi-technology-by-isps.pdf

^{^[40]} Smita Mujumdar, "Use of DPI Technology by ISPs - Response by the Department of Telecommunications" available at http://cis-india.org/telecom/dot-response-to-rti-on-use-of-dpi-technology-by-isps

For more details visit https://cis-india.org/internet-governance/blog/deep-packet-inspection-how-it-works-and-its-impact-on-privacy