Centre for Internet and Society

Touch Point Report: Department of Tourism Studies, Christ University and St. Aloysius College, Managalore

hasan — 2015-12-15T07:37:14Z

CIS-A2K conducts Wikipedia in Education programme at St. Aloysius colege, Mangalore. This partnership is unique as it provides to us a pool of editors for three Wikimedia projects, i.e: Kannada, Tulu and Konkani.

Touch point Report:

St. Aloysius

With editors from St. Aloysius college taking lead in organising 13^th anniversary of Kannada Wikipedia anniversary, Kannada Wikipedia is growing in Mangalore and can be expected to produce content and engagement regularly similar to Bangalore and Mysore volunteers.

Activites

Translation of system messages for Tulu Wikipedia
Creating Tulu WP tutorial videos
Guiding St Aloysius College Student interns
Planning of 13^th anniversary of Kannada Wikipedia anniversary

Reporting on the learning: PEG application created after extensive discussion with the student volunteers and Mr. Vishwanth Badikana who is primary coordinator of the event.

New developments: A possible partnership with Karnataka Tulu Academy is being explored, this could lead to content donation.

Failures: Non-availabilty of scanners hampered our chances of securing some important primary resources that would have been useful for content generation.

Primary Contact: Mr. Vishwanath Badikana,

Christ University

Introduction: A2K team is implementing its largest Wikipedia in Education programme at Christ University. This programme has been under operation since 2013 and has seen multiple revisions regarding: faculty engagement, evaluation process, student contributions and A2K team's responsibilties.

Activites: Edit-a-thon on Wikivoyage organised at Department of Tourism Studies, Christ University, Bangalore

Reporting on the learning: 1) As the edit-a-thon was happening on English Wikivoyage and A2K team had not intimated about the event to the larger community, there were instances of accounts being blocked and ip address being blocked as well.

A2K conducted Wikivoyage edit-a-thon and was surprised to see that many tourist places in India do not find mention on this Wikimedia project.

New developments: Interest shown by the faculty of Department of Tourism Studies, Christ University to host the student assignments on Wikimedia projects.

Failures: A2K was unable to help students to upload images onto commons.wikimedia.org during the session. A follow up session is being planned.

Primary Contact: Ms. Mugdha Kulkarni, mugdha.shailendra@christuniversity.in

For more details visit https://cis-india.org/a2k/blogs/department-of-tourism-studies-christ-university-st-aloysius-college

Analysis of Institutional Partnerships: University of Mysore and Guru G Learning Labs

hasan — 2015-12-15T07:39:15Z

University of Mysore considered to be one of the most prestigious institutions in the country has been famous for its innovative pedagogic techniques and opening up for students various avenues of knowledge acquisition.

The Kannada Encyclopedia project that was taken up by the Kuvempu Kannada Adhyana Samsthe, (KIKS), Manasagangothri, Mysore was one of its kind during its inception. It is safe to say that though Kannda has seen many other projects and attempts towards compiling encyclopedias, to this day the Vishwakoshas produced by University of Mysore are among the top picks regarding quality of the content, scope of the information and its reach with the general public. Many other encyclopedia projects such as “Bala Vignana Kosha” compiled by Shivaram Karanth, “Jnana Gangothri” by Niranjana, the “Kananda Sahitya Vishwakosha” from the Kannada University, Hampi have provided encyclopedic content to the Kannada readers.

The idea of the University of Mysore complied Vishwakoshas was simple. It seeked to provide basic and elemenatry information about key topics all around the universe (physical, spiritual, material, cultural, social, behavioural, political and many other domains of knowledge) to the general public. The intention was to make information accessible and easily understandable. It was not expected to educate or assist people in gaining profieciency regarding a certain topic but was expected to provide salient features, brief history and concise introduction.

Rationale for Institutional partnership:

The compilation of topics that were to be part of the Vishwakosha was done alphabetically and till date 13 Vishwakoshas have been produced along with one Kannada Vishaya Vishwakosha which exclusively deals with matters pertaining to Kannada land, language, literature, politics, culture, entertainment and other aspects of Kannada life. The Vishwakosha project was a method to democratise the process of production of knowledge. People from all walks of life were invited to contribute to the Vishwakosha along with the academicians and researchers. The submissions were then scrutinised by the review committee and was edited, information added as per the requirements. As this was not a text only Vishwakosha many attempts were made to source images as well. These were not used as ornamental or page filling purpose but was also informative in its own way with adequate meta data.

These encyclopedias have been extremely popular with the Kannada audience both for the content and for its competitive pricing. Prasaranga, the publication division of University of Mysore had also offered an discount for people who would purchase the entire set of Vishwakoshas at a special rate. The Vishwakosha project faced many problems and the last volume of the Vishwakosha was released in the year , while the first volume was released in . University of Mysore has also digitised the Vishwakoshas and made it avaialable for general public on a CD.

Plan of Action:

Access to Knowledge team sought to bring these treasure troves of Knowledge onto the digital platform and update the information available on these Vishwakoshas. It was a shot in the arm for the activities being conducted by CIS-A2K when University of Mysore agreed to re-release all of its encyclopedias under free licence for the benefit of larger Kannada community. University of Mysore also agreed to handover soft copies of the few encyclopedias (that were already digitised) to create and redirect content towards Kannada Wikipedia.

A2K team has conducted three skill building and Wikipedia orientation workshops with the students of University of Mysore in order to kick start the content generation activities. These workshops were received very positively by the students. However due to lack of an active community and serious infrastructural issues the students could not continue with the activities that had been planned. Due to the inactivity of these new volunteers we have witnessed a decrease in the activity of content generation effort as aimed earlier.

CIS-A2K facilitated extracting the legacy text from the soft-copies, converting them to Unicode, distributing the files among volunteers and Christ University interns and uploading them to Kannada Wikisource. These articles will serve as primary material for new content generation on Kannada Wikipedia. CIS-A2K celeberated Open Knowledge Day in collaboration with University of Mysore.

The non availability of infrastructual requirement, administrative difficulties such as scheduling of academic calendar offered the A2K team many invaluable lessons towards fostering an institutional partnership. A2K team adopted corrective measures and has been using the encyclopedias donated by University of Mysore as a primary reference for the subsequent edit-a-thons. A2K has also created a project page on Meta to attract Kannada Wikimedians towards content generation.

Outcome and Output:

A2K team utilised its institutional partnership with Christ University in the initial stages and digitised volumes of Kannada Encyclopedias. These were used both as references for the edit-a-thons conducted by CIS-A2K and as a primary reference material that was curated into an independent article on Kannada Wikipedia. Many Kannada Wikimedians have joined hands with A2K in acheiving this. This is an on-going activity.

Plans for Future:

As University of Mysore has rich archival collection particulalry in Indian Languages, A2K team intends to talk to individual departments to bring this content to Open Knowledge repositiries.

A2K team would like to involve various Departments to dedicate some staff on an hourly basis towards speedy completion of the project.

The existing MoU is understood as a one time activity of content donation (print and e copy of Vishwakosha) where as A2K would like to continue this activity as a long term engagement that will facilitate in building research skills and writing skills.

A2K team intends to request to University of Mysore should select/suggest some student volunteers for the digitisation project. With the inclusion of Kannada PA A2K team would collaborate with key Departments at the University of Mysore to conduct digitisation and translation sprints that will be facilitated by and other Wikimedians.

A2K team would like to collate all the new articles created with the help of the content donated by University of Mysore and circulate it as a newsletter on a monthly basis and sent to the Kannada community and University of Mysore.

For more details visit https://cis-india.org/a2k/blogs/analysis-of-institutional-partnerships-university-of-mysore-and-guru-g-learning-lab

Community Prioritisation of Content Donation: Kannada Wikisource

hasan — 2015-12-15T07:42:09Z

CIS-A2K has initiated a community consultation in order to prioritise and streamline the work on Wikisource projects across FLA. Due to the commitment of volunteers from the respective FLA and the institutional partnerships that A2K has developed we have been able to bring a large corpus of content under free licence into our Wikisource projects. CIS-A2K promotes both content donation and content acquisition strategies in order to bring in free licence content.

The re-releasing of the content under CC-BY-SA is a difficult task no doubt, but the even more difficult task is to get the donated content digitised and made available on Wikisource. As this activity involves three intermediary steps of scanning the original document, uploading the same on commons.wikimedia.org and finally recreate the same page on Wikisource by typing.

It is common knowledge that Indian Language Wikimedia communities consist of very few volunteers and in many communities it is Wikipedia that is the chief attraction for volunteers. This compounds the problem towards work that has to be done on Wikisource. To overcome this problem CIS-A2K has initiated a community consultation and prioritisation effort. CIS-A2K consults community in form of posts on Village pump, mailing lists and other channels of communication and update them about the overall content donated towards Wikisource projects and requests for suggestions and feedback as to the plan to digitse and bringing the content on Wikisource.

For the month of November, 2015 CIS-A2K discussed the plan with the Kannada community Wikimedians and proposed a plan of aggregating all the content that has been donated towards Kannada Wikisource and copyright lapse content that has been identified by Wikimedians. A2K team is currently utilising its institutional partnership with Christ University in digitising the content of Sri. Niranjana a prominent Kannada author that was donated by Prof. Tejaswini Niranjana. As a result of this collaboration with the community A2K team shall be posting a comprehensive list of the content donated to Kannada Wikisource along with copyright lapse books that are available digitally on Digital Library of India and Osmania University Digital Library and other such platforms.

This consultation process with the Kannada Wikimedia community also seeded an idea of creating a 'Book Bank' for Kannada Wikimedians. The objective of the book bank is to provide authentic references, citation material and other primary sources of information for content generation. As a first step towards building of the proposed book bank, we have purchased encyclopaedic material on Stone Inscriptions found in Karnataka, Women writers of Karnataka, Literary history of Karnataka and Kannada Dictionaries. The material acquired under 'Book Bank' will serve as resources for community and will be provided to the community members upon request for the same.

Following lists provide information about the current status of projects undertaken on Kannada Wikipedia:

Projects which are active on Wikisource:

Vimochane - 50 pages to be typed out of 355
Abhaya - 63 to be typed of 326 pages
Doorada Nakshatra - 23 typed out of 175
Rangammana Vathara - 23 to be typed of 209 pages
Ekangini - 41 typed of 228 pages
Kalyanaswami - 100 typed of 251

These books are scanned and uploaded on Kannada Wikisource

Books to be uploaded on Wikisource:

Chirasmarane
Mrutyunjaya
Deekshe
Navodaya
Palike banda panchamruta
Swami Aparampara

Books available to be scanned:

Banashankari
Nandagokula

CIS-A2K has visited the following libraries in order to optimise the efforts put into Kannada Wikisource:

1) Central Library, Cubbon Park, Bangalore

2) Kannada Shaitya Parishat, Chamarajpet, Bangalore

3) B.M. Shri Pratishtana Library, Bangalore

4) Gokhale Institute of Public Affairs, Basavanagudi, Bangalore

The visits have resulted in identifying many books that were hitherto unavailable with A2K team. We are in process of getting these books and digitise them so that they can be uploaded on Kannada Wiisource. A2K team is hopeful that the increased levels of activity and consultation held with the community will help the overall progress of Kannada Wikisource project.

For more details visit https://cis-india.org/a2k/blogs/community-prioritisation-content-donation-kannada-wikisource

Guru-G Learning Labs and CIS A2K Institutional Partnership

hasan — 2015-12-15T07:52:06Z

Incorporated in 2013, Guru-G is the world’s first gamified platform for teaching and teacher training.

Guru-G converts existing textbooks and teacher resources into adaptive teaching packs (or guided lesson plans), which provide in-class guidance to teachers on different ways in which they can teach a topic. The guidance adapts to the teacher’s past behavior, student moods & the practices that have resulted in best learning outcomes for their students. These packs save preparation time & effort for a teacher before class plus make teaching fun and interesting during and after class. Teachers can also track their progress and train at their own pace if interested.

Rationale for Institutional partnership:
A2K aimed at developing additional resources that would supplement the learning curve of students at High school and undergraduate levels. The partnership also aimed to build digital research skills into the students so as to equip them for the new modes of knowledge aggregators.

Both Guru-G labs and CIS work at the intersection of technology, education and social empowerment, it was planned that due to the mutual interests, the partnership will be able to identify a large group of Wikipedia users in Kannada and it was hoped that of these new generation readers some of the students would be trained as Wikipedians. Contribution towards Wikisource was also discussed in the MoU.

Plan of Action:
Due to the internal team movement and shortage of manpower from at CIS, we were unable to work closely with the Guru-G Lab. However, we have recently restarted our conversations with them.

Plans for Future:
As Guru-G Learning Labs provide platforms to collaboratively discuss ideas, A2K team, would like to use this partnership in designing our training activities.

Nature of collboaration and rolling out of resources for better implementation of Wikipedia in Education programme run by CIS-A2K. CIS-A2K will work with educational institutions, developmental organisations and teachers who have already been identified by Guru-G labs and provide to them resources such as Offline Wikipedia.

Training programmes may be designed and customised for Wikipedia in Education programme run by CIS-A2K across different colleges. Creating platforms and activities for A2K's community capacity building activities such as TTT and MWTTT.

For more details visit https://cis-india.org/a2k/blogs/guru-g-learning-labs-and-cis-a2k-institutional-partnership

Open access in the Marathi language expands by a thousand books

Subhashish Panigrahi and Abhinav Garule — 2016-01-03T11:26:49Z

As the Maharashtra Granthottejak Sanstha (MGS) celebrated its 121st anniversary recently, the organization re-licensed 1000 books under the CC BY-SA 4.0 license so that the books could be digitized and be made available on the Marathi Wikisource for millions of Marathi readers.

This was published in Wikimedia Blog on December 3, 2015.

As the Maharashtra Granthottejak Sanstha (MGS) celebrated its 121st anniversary recently, the organization re-licensed 1000 books under the CC BY-SA 4.0 license so that the books could be digitized and be made available on the Marathi Wikisource for millions of Marathi readers.^[1]

MGS is a non-profit organization working for the preservation of Maharashtra’s linguistic and cultural heritage. It was founded in Pune, India in 1894. Being an important archive for the preservation of many hundreds of years old manuscripts and historical artifacts from the Peshwa era, the institution is open to public for study and research.

During the four-day anniversary celebration, the Centre for Internet Society’s Access to Knowledge program (CIS-A2K)—an organization that supports the Wikimedia movement in India—opened a Wikipedia stall there where Marathi Wikimedians were present. Around 600 people visited the stall and learned about the news of MGS’s book donation.

Many active and new Marathi Wikimedians were present at the exhibition stall along with Abhinav Garule from the CIS-A2K program to share the incredible work Marathi Wikipedia and Wikimedia community at large are doing. Autographs of eighteen notable writers who received awards from Sanstha for different genres of writings were collected for uploading to the Wikipedia pages about them. While meeting the authors, Wikimedians also approached them to relicense some of their works under Creative Commons licenses so that they could be digitized on Wikisource and/or enrich Wikipedia—and some of the authors expressed a good deal of interest in opening up their books for Wikisource.

Some of the major books donated are Peshwa Rojnishi (diary of Peshwa), Benjamin Franklin Charitra (The Autobiography of Benjamin Franklin), Kekavali, S M Paranjape Charitra (autobiography), Letters Exchanged between the Sanstha and the British Government, Shinde Gharanyacha Padmamay Itihas (manuscript), and Marathwadyatil Arvachin Marathi Vangmay (modern Marathi literature from Marathwada, a region in Maharashtra) are some of the popular books read by Marathi speakers that are going to be part of the books donated by the organization.

We reached out to Avinash Chaphekar, the joint secretary of the organization, to know more about the state of book publication and readership.

Subhashish Panigrahi (SP): Could you share your ideas of opening these invaluable books for Wikisource? How they are going to be useful for the online readers to learn about the Peshwas?

Avinash Chaphekar (AC): These books are of historical importance and contain information that needs to reach more people; they cover topics that are rarely covered well anywhere else. Right after India’s Prime Minister Narendra Modi recommended the autobiography of Benjamin Franklin, as it contains a lot of messages for a common person, a lady walked up to and asked if she could read it in Marathi. Be it such autobiographies or a poetry book like “Kekavali”, such books that were published by the MGS should not be kept closed—many readers are searching for them. We donated 800 of these old books to the Marathi Wikisource because we don’t have large presence in the media or the Internet, so how would any reader who does not know us buy a book? If these books are available online, they can at least find and read them.

SP: Where do you think there is gap between publishers and readers today? Many Marathi books get published every year and if you search on the Internet, which many people today do, you would hardly find much.

AC: Online readership is increasing every day, but when you look at Marathi readers, the majority of them are still buying books. During the exhibitions here (even this year!), there is always quite a rush to buy books. Only the youth and tech-savvy people read online. But most people we meet say that they feel more comfortable holding and reading physical books. Moreover, there is no concrete research validating that most of the youngsters here are accessing information only online. I still feel reading books in a conventional way by holding books in your hands will continue to exist as there is some kind of satisfaction that lies in it.

SP: Did you know that we are going to get these books retyped, meaning that readers will not just be able to read them in their smartphones or computers but they could use the text for republishing the same books in the future? How do you think such a model will be useful for publishers?

AC: At the MGS, we don’t have funds to republish these books, and publishers are not ready to do it no matter how historically valuable the books are—even an incredibly valuable reference book called Marathi Grantha Nirmiti Watchal (the history of creation of Marathi books in Marathi), authored by SG Tulpule and published by us in 1973. This book has detailed information about Marathi publications, even those that existed before printing technology existed. As many such books are not being reprinted, we cannot leave the remaining few copies to perish. Let them go online and reach millions of people.

For more details visit https://cis-india.org/a2k/blogs/wikimedia-blog-subhashish-panigrahi-december-3-open-access-in-marathi-language-expands-by-thousand-books

Sectoral Privacy Research

vanya — 2016-01-03T09:46:20Z

The Centre for Internet and Society, India has been researching privacy in India since the year 2010, with special focus on the following issues.

Research on the issue of privacy in different sectors in India.
Monitoring projects, practices, and policies around those sectors.
Raising public awareness around the issue of privacy, in light of varied projects, industries, sectors and instances.

The Right to Privacy has evolved in India since many decades, where the question of it being a Fundamental Right has been debated many times in courts of Law. With the advent of information technology and digitisation of the services, the issue of Privacy holds more relevance in sectors like Banking, Healthcare, Telecommunications, ITC, etc., The Right to Privacy is also addressed in light of the Sexual minorities, Whistle-blowers, Government services, etc.

Sectors -

1. Consumer Privacy and other sectors -

Consumer privacy laws and regulations seek to protect any individual from loss of privacy due to failures or limitations of corporate customer privacy measures. The following articles deal with the current consumer privacy laws in place in India and around the world. Also, privacy concerns have been considered along with other sectors like Copyright law, data protection, etc.

§ Consumer Privacy - How to Enforce an Effective Protective Regime? http://bit.ly/1a99P2z

§ Privacy and Information Technology Act: Do we have the Safeguards for Electronic Privacy? http://bit.ly/10VJp1P

Limits to Privacy http://bit.ly/19mPG6I

§ Copyright Enforcement and Privacy in India http://bit.ly/18fi9fM

Privacy in India: Country Report http://bit.ly/14pnNwl

§ Transparency and Privacy http://bit.ly/1a9dMnC

§ The Report of the Group of Experts on Privacy (Contributed by CIS) http://bit.ly/VqzKtr

§ The (In) Visible Subject: Power, Privacy and Social Networking http://bit.ly/15koqol

§ Privacy and the Indian Copyright Act, 1857 as Amended in 2010 http://bit.ly/1euwX0r

§ Should Ratan Tata be afforded the Right to Privacy? http://bit.ly/LRlXin

§ Comments on Information Technology (Guidelines for Cyber Café) Rules, 2011 http://bit.ly/15kojJn

§ Broadcasting Standards Authority Censures TV9 over Privacy Violations! http://bit.ly/16L4izl

§ Is Data Protection Enough? http://bit.ly/1bvaWx2

§ Privacy, speech at stake in cyberspace http://cis-india.org/news/privacy-speech-at-stake-in-cyberspace-1

§ Q&A to the Report of the Group of Experts on Privacy http://bit.ly/TPhzQQ

§ Privacy worries cloud Facebook's WhatsApp Deal http://cis-india.org/internet-governance/blog/economic-times-march-14-2014-sunil-abraham-privacy-worries-cloud-facebook-whatsapp-deal

§ GNI Assessment Finds ICT Companies Protect User Privacy and Freedom of Expression http://bit.ly/1mjbpmL

§ A Stolen Perspective http://bit.ly/1bWHyzv

§ Is Data Protection enough? http://cis-india.org/internet-governance/blog/privacy/is-data-protection-enough

§ I don't want my fingerprints taken http://bit.ly/aYdMia

§ Keeping it Private http://bit.ly/15wjTVc

§ Personal Data, Public Profile http://bit.ly/15vlFk4

§ Why your Facebook Stalker is Not the Real Problem http://bit.ly/1bI2MSc

§ The Private Eye http://bit.ly/173ypSI

§ How Facebook is Blatantly Abusing our Trust http://bit.ly/OBXGXk

§ Open Secrets http://bit.ly/1b5uvK0

§ Big Brother is Watching You http://bit.ly/1cGpg0K

2. Banking/Finance -

Privacy in the banking and finance industry is crucial as the records and funds of one person must not be accessible by another without the due authorisation. The following articles deal with the current system in place that governs privacy in the financial and banking industry.

§ Privacy and Banking: Do Indian Banking Standards Provide Enough Privacy Protection? http://bit.ly/18fhsTM

§ Finance and Privacy http://bit.ly/15aUPh6

§ Making the Powerful Accountable http://bit.ly/1nvzSpC

3. Telecommunications -

The telecommunications industry is the backbone of current technology with respect to ICTs. The telecommunications industry has its own rules and regulations. These rules are the focal point of the following articles including criticism and acclaim.

§ Privacy and Telecommunications: Do We Have the Safeguards? http://bit.ly/10VJp1P

§ Privacy and Media Law http://bit.ly/18fgDfF

§ IP Addresses and Expeditious Disclosure of Identity in India http://bit.ly/16dBy4N

§ Telecommunications and Internet Privacy Read more: http://bit.ly/16dEcaF

§ Encryption Standards and Practices http://bit.ly/KT9BTy

§ Encryption Standards and Practices http://cis-india.org/internet-governance/blog/privacy/privacy_encryption

§ Security: Privacy, Transparency and Technology http://cis-india.org/internet-governance/blog/security-privacy-transparency-and-technolog y

4. Sexual Minorities -

While the internet is a global forum of self-expression and acceptance for most of us, it does not hold true for sexual minorities. The internet is a place of secrecy for those that do not conform to the typical identities set by society and therefore their privacy is more important to them than most. When they reveal themselves or are revealed by others, they typically face a lot of group hatred from the rest of the people and therefore value their privacy. The following article looks into their situation.

· Privacy and Sexual Minorities http://bit.ly/19mQUyZ

5. Health -

The privacy between a doctor and a patient is seen as incredibly important and so should the privacy of a person in any situation where they reveal more than they would to others in the sense of CT scans and other diagnoses. The following articles look into the present scenario of privacy in places like a hospital or diagnosis center.

§ Health and Privacy http://bit.ly/16L1AJX

§ Privacy Concerns in Whole Body Imaging: A Few Questions http://bit.ly/1jmvH1z

6. e-Governance -

The main focus of governments in ICTs is their gain for governance. There have many a multiplicity of laws and legislation passed by various countries including India in an effort to govern the universal space that is the internet. Surveillance is a major part of that governance and control. The articles listed below deal with the issues of ethics and drawbacks in the current legal scenario involving ICTs.

§ E-Governance and Privacy http://bit.ly/18fiReX

§ Privacy and Governmental Databases http://bit.ly/18fmSy8

§ Killing Internet Softly with its Rules http://bit.ly/1b5I7Z2

§ Cyber Crime & Privacy http://bit.ly/17VTluv

§ Understanding the Right to Information http://bit.ly/1hojKr7

§ Privacy Perspectives on the 2012-2013 Goa Beach Shack Policy http://bit.ly/ThAovQ

§ Identifying Aspects of Privacy in Islamic Law http://cis-india.org/internet-governance/blog/identifying-aspects-of-privacy-in-islamic-law

§ What Does Facebook's Transparency Report Tell Us About the Indian Government's Record on Free Expression & Privacy? http://cis-india.org/internet-governance/blog/what-does-facebook-transparency-report-tell -us-about-indian-government-record-on-free-expression-and-privacy

§ Search and Seizure and the Right to Privacy in the Digital Age: A Comparison of US and India http://cis-india.org/internet-governance/blog/search-and-seizure-and-right-to-privacy-in-digital-age

§ Internet Privacy in India http://cis-india.org/telecom/knowledge-repository-on-internet-access/internet-privacy-in-i ndia

§ Internet-driven Developments - Structural Changes and Tipping Points http://bit.ly/10s8HVH

§ Data Retention in India http://bit.ly/XR791u

§ 2012: Privacy Highlights in India http://bit.ly/1kWe3n7

§ Big Dog is Watching You! The Sci-fi Future of Animal and Insect Drones http://bit.ly/1kWee1W

Privacy Law in India: A Muddled Field - I http://cis-india.org/internet-governance/blog/the-hoot-bhairav-acharya-april-15-2014-priv acy-law-in-india-a-muddled-field-1
The Four Parts of Privacy in India http://cis-india.org/internet-governance/blog/economic-and-political-weekly-bhairav-acharya-may-30-2015-four-parts-of-privacy-in-india
Right to Privacy in Peril http://cis-india.org/internet-governance/blog/right-to-privacy-in-peril
Microsoft Releases its First Report on Data Requests by Law Enforcement Agencies around the World http://bit.ly/1kWjylM
The Criminal Law Amendment Bill 2013 - Penalising 'Peeping Toms' and Other Privacy Issues http://bit.ly/1dO46o5
Privacy vs. Transparency: An Attempt at Resolving the Dichotomy http://cis-india.org/openness/blog-old/privacy-v-transparency
Open Letter to "Not" Recognize India as Data Secure Nation till Enactment of Privacy Legislation http://bit.ly/1sJME9j
Open Letter to Prevent the Installation of RFID tags in Vehicles http://bit.ly/1hxidzU
The National Privacy Roundtable Meetings http://bit.ly/158ayNW
Transparency Reports - A Glance on What Google and Facebook Tell about Government Data Requests http://bit.ly/19NYTal
CIS and International Coalition Calls upon Governments to Protect Privacy http://bit.ly/18oOTDk
An Analysis of the Cases Filed under Section 46 of the Information Technology Act, 2000 for Adjudication in the State of Maharashtra http://bit.ly/16dKyoo
Open Letter to Members of the European Parliament of the Civil Liberties, Justice and Home Affairs Committee http://bit.ly/17eZntz
CIS Supports the UN Resolution on "The Right to Privacy in the Digital age" http://bit.ly/1c2A89q
Brochures from Expos on Smart Cards, e-Security, RFID & Biometrics in India http://bit.ly/1f714fN
Electoral Databases - Privacy and Security Concerns http://bit.ly/Mb4ktM
Net Neutrality and Privacy http://bit.ly/1khi1GQ
Intermediary Liability Resources http://bit.ly/1hRT8OD
Feedback to the NIA Bill http://bit.ly/1ePhUeg
India's Identity Crisis http://bit.ly/1lTRuuz
Facebook, Privacy, and India http://bit.ly/a2HzhT
Private censorship and the Right to Hear http://cis-india.org/internet-governance/blog/the-hoot-july-17-2014-chinmayi-arun-private-censorship-and-the-right-to-hear
Your Privacy is Public Property (Rules issued by a control-obsessed government have armed officials with widespread powers to pry into your private life. http://cis-india.org/news/privacy-public-property
The India Privacy Monitor Map http://bit.ly/19A5mCZ
Privacy and Security can Co-Exist http://bit.ly/193fPXi
A Street View of the Private and The Public (http://bit.ly/15VKmdf
Sense and Censorship http://bit.ly/14KFwyo
Government access to private sector data http://bit.ly/18rjd1X
India: Privacy in Peril http://bit.ly/1g5QbZj
Big Democracy, Big Surveillance: India's Surveillance State http://bit.ly/1nkg8Ho
Who Governs the Internet? Implications for Freedom and National Security http://bit.ly/1hnnJ2a

7. Whistle-blowers -

Whistle-blowers are always in a difficult situation when they must reveal the misdeeds of their corporations and governments due to the blowback that is possible if their identity is revealed to the public. As in the case of Edward Snowden and many others, a whistle-blowers identity is to be kept the most private to avoid the consequences of revealing the information that they did. This is the main focus of the article below.

§ The Privacy Rights of Whistle-blowers http://bit.ly/18GWmM3

8. Cloud and Open Source -

Cloud computing and open source software have grown rapidly over the past few decades. Cloud computing is when an individual or company uses offsite hardware on a pay by usage basis provided and owned by someone else. The advantages are low costs and easy access along with decreased initial costs. Open source software on the other hand is software where despite the existence of proprietary elements and innovation, the software is available to the public at no charge. These software are based of open standards and have the obvious advantage of being compatible with many different set ups and are free. The following article highlights these computing solutions.

§ Privacy, Free/Open Source, and the Cloud http://bit.ly/1cTmGoI

9. e-Commerce -

One of the fastest growing applications of the internet is e-Commerce. This includes many facets of commerce such as online trading, the stock exchange etc. in these cases, just as in the financial and banking industries, privacy is very important to protect ones investments and capital. The following article's main focal point is the world of e-Commerce and its current privacy scenario.

§ Consumer Privacy in e-Commerce http://bit.ly/1dCtgTs

For more details visit https://cis-india.org/internet-governance/blog/sectoral-privacy-research

IRC16 - Proposed Session - #LiterarySpaces (Online Literary Spaces in India)

sumandro — 2016-01-03T06:59:25Z

This is a session proposed for the Internet Researchers' Conference (IRC) 2016 by P.P. Sneha and Arup Chatterjee.

Session

The last decade has seen a slow but steady emergence of online literary spaces in India, marked by the ubiquitous nature of the internet and digital technologies, growing mobile phone penetration and increased access to devices such as tablets and e-readers. By literary spaces we refer to online journals, magazines and blogs, as well as reading groups and discussion spaces focused on writing in English and Indian languages. These range from those exclusively focusing on contemporary literature to others that feature writing on news, culture and arts. These spaces raise some intriguing questions about the growth a new online or digital literary culture, which may be mapped through the evolution of reading and writing practices as very explicitly technologized practices, and the changes in the notion of text and textuality, scholarship and pedagogy, among other things.

Some examples of such spaces that have come up in the recent years are The Little Magazine [1], Muse India [2], Kritya [3], Coldnoon: Travel Poetics [4], Kindle [5], Almost Island [6], The Indian Quarterly [7] and among several others. Many of these journals have both an online and print presence, while some are purely online and seek to reach a diverse audience featuring different genres of writing. While many carry an eclectic mix of creative and critical writing, perceptions about readership on the internet often dictate the form and manner of writing that is featured. The much anticipated and debated ‘disappearance’ of long form writing is one of the questions that may be asked of the emergence of these literary journals, which have in some way re-imagined this form in the digital sphere and have been instrumental in its growth. So even as there are books on twitterature [8], there are interesting ways in which online literary journals have tried to define the space of contemporary writing on the internet in India.

Plan

This panel discussion proposes to examine this phenomenon of the growth of online literary journals to understand the imagination of the ‘digital’ in their practices of writing and publication, whether as medium, content or context, as a way to explore how writing and reading practices today have been shaped by these changes. This also includes questions on methods of literary analysis that may have changed with the advent of the digital, and from a broader perspective, the production of literary scholarship and pedagogy in India. Some questions that could be points of discussion are as follows:

What is the pedagogical role, if any of digital/online journals? Are they simply cost-effective modes of production of knowledge or are they indicative of some other form discrimination? Perhaps a discrimination between what gets read and what does not? Is a voluminous archive of nineteenth century writings of the same pedagogical merit as a list of 100 Hollywood romantic comedies? If the former is arguably much more educational, why then is the latter the source of the greatest traffic? Is pedagogy then a misnomer, and a non-entity in the world of online magazines?
Can the rise of online magazines be related with the rise of print culture and the subsequent rise of the novel? The novel was educational and, while English was still a very evolving language in the 17th and 18th centuries, the form helped both shape the language and educate the masses, bourgeoisie, and the aristocracy about the nuances of the still-nascent English language. Can a similar function be said to have been fulfilled by online journals? Or have they failed in playing this radical role of disseminating new language and new vocabulary, which is required to articulate new modes and conflicts within modernity--sexualities, queerness, televised elections, middle-eastern (Syrian, Palestinian, Israeli, Iraqi) mayhem in times of democracy, globalization, urbanization, travel, genocide, partition, terrorism, and so on? Are there any exceptions among the journals in being able to somehow fulfil the criteria of engendering a new language? What are the examples, if any? How popular are they?
Is online literature less literary than print? Is it more amenable to news, while print continues to be literary? Or is this only a misconception? Is online literature prone to non-serious, or populist sources of pedagogy, which serve more to titillate through trolling, humour, half-baked information, gossip, or is it playing a serious role too in portions? Apart from those newspapers and journals/magazines which also have print components, which are possibly the portals that create viable, meritorious, and universal categories of knowledge? Or, invocation of 'merit' and 'universal' essentially a flawed mechanism to judge online literatures?

Addressing some of above questions through a study of two or more online journals, this session will attempt to open them up to a broader discussion on the nature and growth of an online literary culture in India, and the need for and significance of research in this area.

Readings

None.

Notes

[1] See: http://www.littlemag.com/.

[2] See: http://www.museindia.com/.

[3] See: http://www.kritya.in/.

[4] See: http://coldnoon.com/.

[5] See: http://kindlemag.in/.

[6] See: http://almostisland.com/.

[7] See: http://indianquarterly.com/.

[8] See: http://www.penguinrandomhouse.com/books/307055/twitterature-by-alexander-aciman/9780143117322/.

For more details visit https://cis-india.org/raw/irc16-proposed-literaryspaces

IRC16 - Proposed Session - #DisruptiveTransport (Aggregators, Ownership, Tracking, Space, Internet Models)

sumandro — 2016-01-03T07:00:57Z

This is a session proposed for the Internet Researchers' Conference (IRC) 2016 by Srinivas Kodali and William F. Stafford Jr.

Session

Transportation has been seeing disruptions through Internet aggregators using complex models which nobody understands in detail. This is primarily being seen in the space of urban transport, but is not limited to them alone. 1960`s saw disruptions in airline industry when each airline was fighting for it's own space in flight reservations and aggregations. This disruptive trend is now being observed globally in other transport modes. Aggregators are playing an important role in transporting people and disrupting markets globally. Internet Models are varying within aggregators who are not limiting themselves to ticket reservation, but are also providing information about the availability of transportation options. With increasing demand and surge pricing taking up the market, what is the role of the state. What are the ownership rights of an aggregator? What are licensing/lease models of a provider? What about un-fair practices and consumer rights? What forms of labour and regulation are imagined? What is the role of state run aggregators like IRCTC in this changing landscape?

Many of the platforms that have been created, primarily in the beginning concerning tracking or making complaints, were accessed through websites and have since been migrated either to a combined website/ app structure, or wholly to smartphone apps. This raises interesting and important questions concerning the imagination of an increased reliability and accesibility of services, as well as a power to hold public institutions accountable, as they relate to the question of access to these technologies and the habits of their use, especially demographically and linked to class.

Furthermore, both the near and far future promise an reworking of the internet as a system with which commuters and others interface to consume or deliver a service, to transport as one part of a mobility ecosystem, which is currently being tooled (both in regulatory frameworks and industrial planning) as a microcosm of the internet of things. With internet being connected to personal transport at every intersection of the road, what is the scope of privacy and accountability, the role of encryption layer and also the importance of governance in the fragile/disrupting space. How will the internet impact personal transport of citizens and the economy? Cashless payments, driver-less cars, surge-congestion pricing with disruptive internet models need regulation before they over-run and create chaos with the system.

Plan

The session will focus on Delhi as a case study.

Discussants will present their current work around these questions, and then open a discussion among those present on the issues raised therein.

The first discussant will present on the changing architecture of the auto-rickshaw meter as a regulatory platform, from the recent introduction of GPS to the creation of various surveillance and business models which either exploit its native GPS or duplicate and substitute it through the use of smartphones, and the folding of autos into the emerging e-hailing environment and the possible implications of changes being sought in the regulatory framework for connected vehicles. These include technological treatments of questions of class, trust and accountability, as well as significant policy and material changes in the classification of what is owned, by whom, and its conditions of transfer.

Srinivas will continue the presentation on transport data by showing use cases and potential harms about the data. How big data is changing the landscape of transportation systems and privacy concerns with the future of autonomous vehicles and intelligent traffic management systems. Data driven decisions are a big concern when data can also be used to lie at a scale. Data ownership and rights are a challenge the state and the citizen need to think about before forcibly submitting data.

The discussion will be primarily around:

Digital Ownership and Physical Ownership
Scope of Internet Governance on Aggregators
Pricing Models and Service Availability
Future of On-Demand Transportation Services vs Public Transportation

Readings

None.

For more details visit https://cis-india.org/raw/irc16-proposed-disruptivetransport

Net Neutrality across South Asia

praskrishna — 2016-02-27T08:09:29Z

The Centre for Internet & Society (CIS) and the Observer Research Foundation in association with Centre for Global Communication Studies, Annenberg School for Communication, University of Pennnsylvania and Internet Policy Observatory is organizing this event at the Observer Research Foundation's office in New Delhi from 10 a.m. to 5 p.m., on December 12, 2015.

Context

Net neutrality can broadly be understood as the principle of non-discrimination which in practice allows the internet to be free and open by preventing service providers from slowing or interfering with the transfer of data. Net neutrality has risen as a global policy issue, yet cultural, political, commercial, and economical factors influence how net neutrality is understood and addressed in a particular context. Indeed, the factors driving the net neutrality debate, the way in which governments are addressing net neutrality, the role and response of industry, the public response, and the role of civil society has been varied across contexts. The topic of net neutrality is not limited to a technical debate and brings together a number of issues including the right to access, the right to freedom of expression, fair competition practices, and privacy.

This conference seeks to bring together domain experts, industry, government, and civil society across South Asia to understand how net neutrality is understood in different contexts, how it is being addressed from a policy point of view, what the varying public dialogues around net neutrality are, and what role civil society can play in influencing the debate.

For more details visit https://cis-india.org/internet-governance/events/net-neutrality-across-south-asia

Concept Note: Network Neutrality in South Asia

praskrishna — 2015-12-01T02:34:25Z

For more details visit https://cis-india.org/internet-governance/blog/concept-note-network-neutrality-in-south-asia

Open Source India 2015

praskrishna — 2015-12-15T07:46:46Z

The twelfth Open Source India event organized by EFY Group was held at NIMHANS Convention Centre in Bangalore on November 19 and 20, 2015. Subhashish Panigrahi attended the event for the first day.

Open Source India (OSI) is the premierconference in Asia targeted at nurturing and promoting the Open Source ecosystem in the subcontinent. Started as LinuxAsia in 2004, OSI has been at the helm of bringing together the Open Source industry and the community in the last 11 years. The 12th edition of OSI this year aimed to take this event a notch higher by focusing on the Open Source ecosystem in Asia, and more specifically, in India.

For more information see the brochure of the event. Schedule of the event on Day 1 here and Schedule of the event on Day 2 here.

For more details visit https://cis-india.org/openness/news/open-source-india-2015

November 2015 Bulletin

praskrishna — 2016-01-03T12:42:42Z

Our newsletter for the month of November 2015 is below:

The Centre for Internet & Society (CIS) is happy to share the eleventh issue of CIS newsletter (November 2015). Previous editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

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Highlights
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The Internet Governance Forum was held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme for IGF 2015 was Evolution of Internet Governance: Empowering Sustainable Development. Sunil Abraham, Pranesh Prakash and Jyoti Panday participated. Overall CIS spoke in 10 panels. Jyoti Panday has summarized the developments.
Draft Outcome Document of the UN General Assembly's Overall Review of implementation of WSIS Outcomes was released on 4 November 2015. Comments were sought on the Draft Outcome Document from diverse stakeholders. CIS responded to the call .
The first draft of the National IPR Policy was released last December. Comments and suggestions were submitted to the DIPP on this. Akshath Mithal in his blog post analysed the comments available online and the trends that he was able to find.
Ramya Chandrasekhar wrote a blog post that has deconstructed and explained some aspects of the various proposals to enhance ICANN's accountability.
Mangalore based cultural centre Maand Sobhaann recently relicensed 3 of their publications under a free license so that the books could be digitised on Konkani Wikisource and enrich Konkani Wikipedia. Rahmanuddin Shaik and Tanveer Hasan have captured the development in a blog post.
Japreet Grewal in a blog post has attempted to understand the domain in which censorship laws are penetrating today giving the example of the role of group admin in Whatsapp.
Elonnai Hickok in a policy brief has reviewed different oversight mechanisms from the US, UK, and Canada and provides recommendations for ways in which India can strengthen its present oversight mechanisms for state surveillance and the intelligence community.
Rohan George has reviewed the literature surrounding big data and predictive policing and has provided an analysis of the legal implications of using predictive policing techniques in the Indian context.
Large blocks of underused spectrum lie tantalizingly out of reach, waiting for enabling regulation, administration, and to some extent technology, to accelerate our move towards Digital India, according to Shyam Ponappa's column published in the Business Standard.
CIS in collaboration with T.A.J. Residency & SKE Projects and or-bits.com developed Silicon Plateau Vol-1. This book marks the beginning of an interdisciplinary artistic project, Silicon Plateau, the scope of which is to observe how the arts, technology and society intersect in the city of Bangalore.
P.P. Sneha has outlined a few questions/conflicts that the digital practitioners in arts and humanities disciplines are grappling with in the first among seven sections that has been published.
Centre for the Study of Culture and Society and CIS has set up the CSCS Digital Innovation Fund. The objective is to encourage, host, and provide seed funding for the development of digital tools and infrastructure for arts, humanities, and social science research in India. The fund will be administered by the RAW programme at CIS.

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Accessibility and Inclusion
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Under a grant from the Hans Foundation we are doing a project on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

# Monthly Updates

November 2015 Report (Suman Dogra; November 30, 2015).

►Other

International Day of People with Disability (Organized by Capgemini; Bangalore; November 30, 2015). Nirmita Narasimhan was a panelist.

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Access to Knowledge
-----------------------------------------------------------
As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) 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.

►Pervasive Technologies

# Blog Entries

MHRD IPR Chair Series: Information Received from IIT Roorkee (Karan Tripathi and Nehaa Chaudhari; November 17, 2015). Nehaa Chaudhari provided inputs, analysed, reviewed and edited this blog post.
A Study of J. Sai Deepak's Comments on Competition Law in India (Aarushi Bansal; November 19, 2015). Nehaa Chaudhari gave inputs and edited the blog entry.
The Procedure of CCI in cases of Anti-Competitive Agreements and Abuse of Dominant Position: A Flow-Chart (Sarthak Sood; November 24, 2015).

►Copyright and Patent

# Blog Entries

Ministry Clearances for the Global Congress on Intellectual Property and the Public Interest 2015 (Swaraj Barooah; November 18, 2015).
National IPR Policy: Mapping the Stakeholders' Response (Akshath Mithal; November 24, 2015). Nehaa Chaudhari provided inputs and feedback and also edited this post.

# Participation in Events

Second Meeting of the Expert Committee on WIPO (Organized by Ministry of Information & Broadcasting, Govt. of India; New Delhi; November 2, 2015).
International Conference on Evolving Regime in Intellectual Property Protection (Organized by Jawaharlal Nehru University; New Delhi; November 2 - 4, 2015).
India - Europe Conference on Building a Sustainable IPR - ICT Ecosystem for Promoting Innovation (Organized by Centre for Development of Advanced Computing; Bangalore; November 20, 2015). Rohini Lakshané attended this event.

►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

Konkani-language books from Konkani-language culture center Mannd Sobhaann to enrich Konkani Wikipedia (Rahmanuddin Shaik and Tanveer Hasan; November 1, 2015).
Guerrilla GLAMː An alternate way of doing GLAM in indie-way (Subhashish Panigrahi; Wikimedia Blog; November 25, 2015). This was published in the GLAM-wiki newsletter for November.

# Participation in Events

Making Tulu Wikipedia 'Live' (Organized by Tulu Sahitya Akademy; Mangalore; October 28 - 29 and November 5 - 6, 2015). Rahmanuddin interacted with Tulu Wikipedians. Rahmanuddin was also invited to be a part of the World Konkani Literature festival where he spoke briefly about Konkani Wikipedia to the gathering.
Open Source India 2015 (by EFY Group; NIMHANS Convention Centre, Bangalore; November 19 - 20, 2015). Subhashish Panigrahi attended the event.
Tulu Wikipedia Tutorial (Organized by Wikipedia community; Mangalore; November 2015). Dr. U.B. Pavanaja trained the people involved in the creation of the Tutorial video.
FUEL GILT Conference 2015 (Organized by Mozilla Corporation, Centre for Development of Advance Computing (C-DAC), Pune and Red Hat; Tamil Virtual Academy, Anna University Campus, Gandhi Mandapam Road, Kottur, Chennai; November 20 - 22, 2015). Subhashish Panigrahi spoke at the event.

# Media Coverage

CIS gave its inputs to the following:

शंभर वर्षांपूर्वीच्या पुस्तकांचे होणार डिजिटायझेशन (Lokmat; November 11, 2015).
Dr. Pavanaja featured in Kannada Daily (Vijayavani; November 16, 2015).
तेसर फ्यूल कॉन्फरेंस आओर मोज़िला हैकाथन संपन्न (esamaad; November 19, 2015).
ଅନ୍‌ଲାଇନରେ ପଢ଼ିହେବ ଜଗନ୍ନାଥ ପ୍ରସାଦ ଦାସଙ୍କ ୩୦ଟି ବହି (Sambad; November 19, 2015).
तीसरा फ्यूल कॉन्फ्रेंस और मोज़िला हैकाथन संपन्न (Surkhiyan; November 23, 2015).
तीसरा फ्यूल जिल्ट कॉन्फ्रेंस और मोज़िला हैकाथन चेन्नई में संपन्न (Aaj Tak; November 24, 2015).
भाषाई कंप्यूटिंग के मानक बनाने के लिए चेन्नई में हुआ तीसरा फ्यूल जिल्‍ट (Outlook; November 26, 2015).

The following were published in October but mirrored on the CIS website recently:

मराठी पुस्तके 'विकिस्रोत' ला, सकाळ (Sakaal; October 28, 2015).
'महाराष्ट्र ग्रंथोत्तेजक' होणार लोकाभिमुख, महाराष्ट्र टाईम्स (Maharashtra Times; October 28, 2015).
महाराष्ट्र ग्रंथोत्तेजक संस्थेमधील एक हजार ग्रंथ ऑनलाईन (Saamna; October 30, 2015).

►Openness

Design Public Conclave, 6th Edition (Organized by by Civic Labs, an initiative of the Center for Knowledge Studies, and part of the Vihara Innovation Network, in partnership with Social Innovation Exchange, Okapi, Business World, Business World for Smart Cities, and the Delhi Jal Board; New Delhi; November 3, 2015). Sumandro Chattapadhyay and Amber Sinha participated in the event.

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Internet Governance
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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 International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

►Internet Governance Forum

IGF 2015 was held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme for IGF 2015 was Evolution of Internet Governance: Empowering Sustainable Development. Sunil Abraham, Pranesh Prakash and Jyoti Panday participated. Overall CIS spoke in 10 panels.

The Social Role of the Communications and the Strengthening of the Freedom of Expression Panel - "Cultural Diversity and Freedom of Expression" (Organized by Ministry of Culture and the Ministry of Communications of Brazil; Jao Pessoa, Brazil; November 9, 2015). Sunil Abraham was a panelist. Thirty-three participants took part in this pre-event.
Open Forum - DINL, Digital Infrastructure Association (Organized by Digital Infrastructure Netherlands Foundation; Jao Pessoa, Brazil; November 10, 2015). Jyoti Panday was a speaker at this workshop. CIS participated in the open forum to discuss the increase in government engagement with "the internet" to protect their citizens against crime and abuse and to protect economic interests and critical infrastructures. Thirteen participants attended the open forum.
Sustainable Development Goals (SDGs) and Internet Economy (Organized by Multistakeholder Advisory Group; Jao Pessoa, Brazil; November 11, 2015). Sunil Abraham was a panelist. Fifty five delegates attended the event. CIS participated in the discussions focusing on internet economy and internet role in sustainable development goals.
Cases on the right to be forgotten, what have we learned? (Jao Pessoa, Brazil; November 11, 2015). Jyoti Panday attended the event. CIS took part in the event to understand arguments, scope, discussions and current situation of the Right to be Forgotten outside the EU and around the world in rulings and legislations. Fifty four participants attended the event.
The Benefits and Challenges of the "Free Flow" of Data (Organized by Public Knowledge; Jao Pessoa, Brazil; November 12, 2015). Sunil Abraham was a panelist. Twenty-four delegates attended the event. CIS was part of the panel which discusssed the many benefits and challenges of the free flow of data. The workshop fostered a discussion of the ways in which stakeholders could address the underlying reasons for data flow restrictions.
Encryption and Anonymity: Rights and Risks (Organized by ARTICLE 19 and Privacy International; Jao Pessoa, Brazil; November 12, 2015). Pranesh Prakash was a speaker. CIS participated in the roundtable that discussed recommendations and the latest challenges to the protection of anonymity and encryption. Sixty three delegates attended.
A Dialogue on "Zero Rating" and Network Neutrality (Organized by Chalmers & Associates; Jao Pessoa; Brazil; November 12, 2015). Pranesh Prakash was a speaker. CIS took part in the discussion to promote access to expert insight and multi-stakeholder community discussion. Eighty five delegates attended the session.
Empowering the next billion by improving accessibility (Organized by Dynamic Coalition on Accessibility and Disability and Global Initiative for Inclusive ICTs; November 13, 2015). Sunil Abraham was a panelist. Pranesh Prakash participated in the discussions. CIS took part in the discussions that examined the technological and programmatic solutions available today for an effective removal of such barriers, potentially bringing a considerable number of new users to the Internet.
FOSS & a Free, Open Internet: Synergies for Development (Organized by Civil Society; Jao Pessoa, Brazil; November 13, 2015). Sunil Abraham and Pranesh Prakash spoke at the event. CIS took part in the discussions that explored links between the Free and Open nature of the Internet and the Free and Open Source Software through a series of experience sharing among the speakers as well as audiences.
Transnational Due Process: A Case Study in MS Cooperation (Organized by Internet & Jurisdiction Project; Jao Pessoa; November 13, 2015). Sunil Abraham was a panelist. The tension between the cross-border nature of the Internet and diverse national jurisdictions is a prime concern. The round-table described the method employed to develop this framework, challenges encountered and solutions found as well as the potential distribution of roles among the respective stakeholders in the operation of the diverse framework components. Twelve delegates attended this workshop.

►Big Data

# Article

Connected Trouble (Sunil Abraham; November 1, 2015).

# Blog Entry

Predictive Policing: What is it, How it works, and its Legal Implications (Rohan George; November 24, 2015).

# Event Organized

Big Data in the Global South International Workshop (Organized by Institute for Technology and Society of Rio de Janeiro; Hotel Windsor Florida, Rua Ferreira Viana, Flamengo, Rio de Janeiro, Brazil; November 16 - 17, 2015). Sunil Abraham and Vipul Kharbanda were speakers at this event.

# Participation in Event

Leveraging Mobile Network Big Data for Development Policy: Opportunities & Challenges (Organized by LIRNEasia; IDRC, New Delhi; November 27, 2015).

►Privacy

# Blog Entries

Policy Brief: Oversight Mechanisms for Surveillance (Elonnai Hickok; November 24, 2015).
The Short-lived Adventure of India's Encryption Policy (Bhairav Acharya; November 27, 2015). This was originally written for the Berkeley Information Privacy Law Association.

# Participation in Event

ISO/IEC/ JTC 1/SC 27 Working Groups Meeting (Organized by Bureau of Indian Standards and Data Security Council of India; Jaipur; October 26 – 30, 2015). Vanya Rakesh attended the meeting.

►Free Speech, Expression and Censorship

# Submission

Comments on the Draft Outcome Document of the UN General Assembly's Overall Review of the Implementation of WSIS Outcomes (WSIS+10) (Geetha Hariharan; November 18, 2015).

# Article

The Humpty-Dumpty Censorship of Television in India (Bhairav Acharya; The Wire; September 23, 2015). The article was mirrored on CIS website recently.

# Blog Entries

Breaking Down ICANN Accountability: What It Is and What the Internet Community Wants (Ramya Chandrasekhar; November 5, 2015).
Summary Report Internet Governance Forum 2015 (Jyoti Panday; November 23, 2015).
The Case of Whatsapp Group Admins (Japreet Grewal; November 26, 2015).

►Cyber Security

# Participation in Events

Technology, Innovation and Societal Change (Organized by Indian Institute of Management; Bangalore; November 4, 2015). Vanya Rakesh attended the event.
Ground Zero Summit (Organized by Infosec Consortium; November 5 - 8, 2015; New Delhi). Amber Sinha attended the event.
Cyber Security Summit 2015 (Organized by Government of Karnataka in association with Biz Wingz Production House; JW Marriot, Bangalore; November 27, 2015). Sunil Abraham was a panelist.

►Miscellaneous

# Article

WhatsApps with fireworks, apps with diyas: Why Diwali needs to go beyond digital (Nishant Shah; Indian Express; November 23, 2015).

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Telecom
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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:

# Op-ed

The Buzz Around TV White Space (Shyam Ponappa; Business Standard; November 4, 2015 and Organizing India Blogspot; November 5, 2015).

# Blog Entry

Gauging Users' Reactions Towards Zero Rating (Aadya Misra; November 25, 2015). The author likes to thank Amba Kak, on whose research the survey was conducted.

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

# Book

Silicon Plateau Vol-1 (Sumandro Chattapadhyay; November 28, 2015).

# Blog Entries

Digital Humanities in India? (P.P. Sneha; November 12, 2015).
A Question of Digital Humanities (P.P. Sneha; November 16, 2015).
CSCS Digital Innovation Fund (CDIF) (Sumandro Chattapadhyay; November 16, 2015).

# Event Organized

Launch of Silicon Plateau Vol-1 (Organized by Or-bits.com and CIS; T.A.J. Residency, Wheeler Road Extension, Cooke Town, Bangalore; November 27, 2015).

# Upcoming Event

First Edition of Internet Researchers' Conference (IRC) 2016 - Studying Internet in India: Call for Sessions (Organized by CIS; New Delhi; February 25 - 27, 2016).

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News & Media Coverage
---------------------------------

CIS gave its inputs to the following media coverage:

Come, be my guest (Hindu; November 14, 2015)
Shopping on apps raise privacy and security concerns (Vivek Ananth; Softcopy, an IIJNM Web Publication; November 23, 2015).

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About CIS
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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, 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.

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For more details visit https://cis-india.org/about/newsletters/november-2015-bulletin

Guerrilla GLAMː An alternate way of doing GLAM in indie-way

subha — 2015-12-16T03:09:47Z

I have been working on a concept called the Guerrilla GLAM. Here is a very quick summary about the concept that was published in the GLAM-wiki newsletter for November.

GLAM stands for cultural institutions like Galleries, Libraries, Archives and Museums. It is a globally acclaimed free knowledge movement for opening up cultural data using various free software platforms as a tool. GLAM activities include collaboration with cultural institutions, data mining, meta data and other documentation of institutional collections, digitization of published works, records and artifacts, and publishing the collected information in both human and machine readable forms with open standards. Building partnership with GLAM institutions is a great way of funneling the cultural content acquisition and bringing open access to such valuable data. But it is not that easy given the complications each country have in terms of formal agreement, organizational framework, and dissemination of information. "Guerrilla GLAM" techniques are based on the learning curve of institutional partnership building for large scale GLAM projects and leveraging personal contacts in small scale GLAM projects. It bring in several frugal strategies for cutting cost implication and operating in flexible modes. Guerrilla GLAM's range of work aims to accommodate people of different core expertise and it targets small to large orgaizations.

Guerrilla GLAM appeared first as a public presentation during Wikimania which I presented this year. It later interested many GLAM practitioners of New Zealand who organized a webinar which provided a great platform to add many interesting ideas to my existing set of ideas. Guerrilla GLAM is still a budding concept that aims for being implemented by many cultural enthusiasts especially those who would like to document much about the artifacts, digitize old text from archives and manuscripts, and create meta data for institutional collections. Guerrilla GLAM operates with zero or with some informal institutional partnership with the institution and carried on the shoulders of the Wikimedians. The Wikimedians seek out for support from local communities, leverage the permissible access to institutional property and to some extent the personal relations with the institutions keeping the legal restrictions in mind, and do their best to acquire as much data as possible. Often times, near to zero cost Guerrilla GLAM projects with detailed planning with right kind of people on-board could yield more or less the same like any conventional GLAM project.

Click to read the original published on Wikimedia Blog on November 25, 2015.

For more details visit https://cis-india.org/a2k/blogs/guerrilla-glam-an-alternate-way-of-doing-glam-in-indie-way

Predictive Policing: What is it, How it works, and its Legal Implications

Rohan George — 2015-11-24T16:31:41Z

This article reviews literature surrounding big data and predictive policing and provides an analysis of the legal implications of using predictive policing techniques in the Indian context.

Introduction

For the longest time, humans have been obsessed with prediction. Perhaps the most well-known oracle in history, Pythia, the infallible Oracle of Delphi was said to predict future events in hysterical outbursts on the seventh day of the month, inspired by the god Apollo himself. This fascination with informing ourselves about future events has hardly subsided in us humans. What has changed however is the methods we employ to do so. The development of Big data technologies for one, has seen radical applications into many parts of life as we know it, including enhancing our ability to make accurate predictions about the future.

One notable application of Big data into prediction caters to another basic need since the dawn of human civilisation, the need to protect our communities and cities. The word 'police' itself originates from the Greek word 'polis', which means city. The melding of these two concepts prediction and policing has come together in the practice of Predictive policing, which is the application of computer modelling to historical crime data and metadata to predict future criminal activity[1]. In the subsequent sections, I will attempt an introduction of predictive policing and explain some of the main methods within the domain of predictive policing. Because of the disruptive nature of these technologies, it will also be prudent to expand on the implications predictive technologies have for justice, privacy protections and protections against discrimination among others.

In introducing the concept of predictive policing, my first step is to give a short explanation about current predictive analytics techniques, because these techniques are the ones which are applied into a law enforcement context as predictive policing.

What is predictive analysis

Facilitated by the availability of big data, predictive analytics uses algorithms to recognise data patterns and predict future outcomes[2]. Predictive analytics encompasses data mining, predictive modeling, machine learning, and forecasting[3]. Predictive analytics also relies heavily on machine learning and artificial intelligence approaches [4]. The aim of such analysis is to identify relationships among variables that may not be immediately apparent using hypothesis-driven methods.[5] In the mainstream media, one of the most infamous stories about the use of predictive analysis comes from USA, regarding a department store Target and their data analytics practices [6]. Target mined data from purchasing patterns of people who signed onto their baby registry. From this they were able to predict approximately when customers may be due and target advertisements accordingly. In the noted story, they were so successful that they predicted pregnancy before the pregnant girl's father knew she was pregnant. [7]

Examples of predictive analytics

Predicting the success of a movie based on its online ratings[8]
Many universities, sometimes in partnership with other firms use predictive analytics to provide course recommendations to students, track student performance, personalize curriculum to individual students and foster networking between students.[9]
Predictive Analysis of Corporate Bond Indices Returns[10]

Relationship between predictive analytics and predictive policing

The same techniques used in many of the predictive methods mentioned above find application into some predictive policing methods. However two important points need to be raised:

First, predictive analytics is actually a subset of predictive policing. This is because while the steps in creating a predictive model, of defining a target variable, exposing your model to training data, selecting appropriate features and finally running predictive analysis [11] maybe the same in a policing context, there are other methods which may be used to predict crime, but which do not rely on data mining. These techniques may instead use other methods, such as some of those detailed below along with data about historical crime to generate predictions.

In her article "Policing by Numbers: Big Data and the Fourth Amendment"[12], Joh categorises 3 main applications of Big data into policing. These are Predictive Policing, Domain Awareness systems and Genetic Data Banks. Genetic data banks refer to maintaining large databases of DNA that was collected as part of the justice system. Issues arise when the DNA collected is repurposed in order to conduct familial searches, instead of being used for corroborating identity. Familial searches may have disproportionate impacts on minority races. Domain Awareness systems use various computer software and other digital surveillance tools such as Geographical Information Systems [13] or more illicit ones such as Black Rooms[14] to "help police create a software-enhanced picture of the present, using thousands of data points from multiple sources within a city" [15]. I believe Joh was very accurate in separating Predictive Policing from Domain Awareness systems, especially when it comes to analysing the implications of the various applications of Big data into policing.

In such an analysis of the implications of using predictive policing methods, the issues surrounding predictive technologies often get conflated with larger issues about the application of big data into law enforcement. That opens the debate up to questions about overly intrusive evidence gathering and mass surveillance systems, which though used along with predictive technology, are not themselves predictive in nature. In this article, I aim to concentrate on the specific implications that arise due to predictive methods.

One important point regarding the impact of predictive policing is how the insights that predictive policing methods offer are used. There is much support for the idea that predictive policing does not replace policing methods, but actually augments them. The RAND report specifically cites one myth about predictive policing as "the computer will do everything for you[16]". In reality police officers need to act on the recommendations provided by the technologies.

What is Predictive policing?

Predictive policing is the "application of analytical techniques-particularly quantitative techniques-to identify likely targets for police intervention and prevent crime or solve past crimes by making statistical predictions".[17] It is important to note that the use of data and statistics to inform policing is not new. Indeed, even twenty years ago, before the deluge of big data we have today, law enforcement regimes such as the New York Police Department (NYPD) were already using crime data in a major way. In order to keep track of crime trends, NYPD used the software CompStat[18] to map "crime statistics along with other indicators of problems, such as the locations of crime victims and gun arrests"[19]. The senior officers used the information provided by CompStat to monitor trends of crimes on a daily basis and such monitoring became an instrumental way to track the performance of police agencies[20]. CompStat has since seen application in many other jurisdictions [21].

But what is new is the amount of data available for collection, as well as the ease with which organisations can analyse and draw insightful results from that data. Specifically, new technologies allow for far more rigorous interrogation of data and wide-ranging applications, including adding greater accuracy to the prediction of future incidence of crime.

Predictive Policing methods

Some methods of predictive policing involve application of known standard statistical methods, while other methods involve modifying these standard techniques. Predictive techniques that forecast future criminal activities can be framed around six analytic categories. They all may overlap in the sense that multiple techniques are used to create actual predictive policing software and in fact it is similar theories of criminology which undergird many of these methods, but the categorisation in such a way helps clarify the concept of predictive policing. The basis for the categorisation below comes from a RAND Corporation report entitled 'Predictive Policing: The Role of Crime Forecasting in Law Enforcement Operations' [22], which is a comprehensive and detailed contribution to scholarship in this nascent area.

Hot spot analysis: Methods involving hot spot analysis attempt to "predict areas of increased crime risk based on historical crime data"[23]. The premise behind such methods lies in the adage that "crime tends to be lumpy" [24]. Hot Spot analysis seeks to map out these previous incidences of crime in order to inform potential future crime.

Regression methods: A regression aims to find relationships between independent variables (factors that may influence criminal activity) and certain variables that one aims to predict. Hence, this method would track more variables than just crime history.

Data mining techniques: Data mining attempts to recognise patterns in data and use it to make predictions about the future. One important variant in the various types of data mining methods used in policing are different types of algorithms that are used to mine data in different ways. These are dependent on the nature of the data the predictive model was trained on and will be used to interrogate in the future. Two broad categories of algorithms commonly used are clustering algorithms and classification algorithms:

· Clustering algorithms "form a class of data mining approaches that seek to group data into clusters with similar attributes" [25]. One example of clustering algorithms is spatial clustering algorithms, which use geospatial crime incident data to predict future hot spots for crime[26].

· Classification algorithms "seek to establish rules assigning a class or label to events"[27]. These algorithms use training data sets "to learn the patterns that determine the class of an observation"[28] The patterns identified by the algorithm will be applied to future data, and where applicable, the algorithm will recognise similar patterns in the data. This can be used to make predictions about future criminal activity for example.

Near-repeat methods: Near-repeat methods work off the assumption that future crimes will take place close to timing and location of current crimes. Hence, it could be postulated that areas of high crime will experience more crime in the near future[29]. This involves the use of a 'self-exciting' algorithm, very similar to algorithms modelling earthquake aftershocks [30]. The premise undergirding such methods is very similar to that of hot spot analysis.

Spatiotemporal analysis: Using "environmental and temporal features of the crime location" [31] as the basis for predicting future crime. By combining the spatiotemporal features of the crime area with crime incident data, police could use the resultant information to predict the location and time of future crimes. Examples of factors that may be considered include timing of crimes, weather, distance from highways, time from payday and many more.

Risk terrain analysis: Analyses other factors that are useful in predicting crimes. Examples of such factors include "the social, physical, and behavioural factors that make certain areas more likely to be affected by crime"[32]

Various methods listed above are used, often together, to predict the where and when a crime may take place or even potential victims. The unifying thread which relates these methods is their dependence on historical crime data.

Examples of predictive policing:

Most uses of predictive policing that have been studied and reviewed in scholarly work come from the USA, though I will detail one case study from Derbyshire, UK. Below is a collation of various methods that are a practical application of the methods raised above.

Hot Spot analysis in Sacramento: In February 2011, Sacramento Police Department began using hot spot analysis along with research on optimal patrol time to act as a sufficient deterrent to inform how they patrol high-risk areas. This policy was aimed at preventing serious crimes by patrolling these predicted hot spots. In places where there was such patrolling, serious crimes reduced by a quarter with no significant increases such crimes in surrounding areas[33].

Data Mining and Hot Spot Mapping in Derbyshire, UK: The Safer Derbyshire Partnership, a group of law enforcement agencies and municipal authorities sought to identify juvenile crime hotspots[34]. They used MapInfo software to combine "multiple discrete data sets to create detailed maps and visualisations of criminal activity, including temporal and spatial hotspots" [35]. This information informed law enforcement about how to optimally deploy their resources.

Regression models in Pittsburgh: Researchers used reports from Pittsburgh Bureau of Police about violent crimes and "leading indicator" [36] crimes, crimes that were relatively minor but which could be a sign of potential future violent offences. The researcher ran analysis of areas with violent crimes, which were used as the dependent variable in analysing whether violent crimes in certain areas could be predicted by the leading indicator data. From the 93 significant violent crime areas that were studied, 19 areas were successfully predicted by the leading indicator data.[37]

Risk terrain modelling analysis in Morris County, New Jersey: Police in Morris County, used risk terrain analysis to tackle violent crimes and burglaries. They considered five inputs in their model: "past burglaries, the address of individuals recently arrested for property crimes, proximity to major highways, the geographic concentration of young men and the location of apartment complexes and hotels." [38] The Morris County law enforcement officials linked the significant reductions in violent and property crime to their use of risk terrain modelling[39].

Near-repeat & hot spot analysis used by Santa Cruz Police Department: Uses PredPol software that applies the Mohler's algorithm [40] to a database with five years' worth of crime data to assess the likelihood of future crime occurring in the geographic areas within the city. Before going on shift, officers receive information identifying 15 such areas with the highest probability of crime[41]. The initiative has been cited as being very successful at reducing burglaries, and was used in Los Angeles and Richmond, Virginia[42].

Data Mining and Spatiotemporal analysis to predict future criminal activities in Chicago: Officers in Chicago Police Department made visits to people their software predicted were likely to be involved in violent crimes[43], guided by an algorithm-generated "Heat List"[44]. Some of the inputs used in the predictions include some types of arrest records, gun ownership, social networks[45] (police analysis of social networking is also a rising trend in predictive policing[46]) and generally type of people you are acquainted with [47] among others, but the full list of the factors are not public. The list sends police officers (or sometimes mails letters) to peoples' homes to offer social services or deliver warnings about the consequences for offending. Based in part on the information provided by the algorithm, officers may provide people on the Heat List information about vocational training programs or warnings about how Federal Law provides harsher punishments for reoffending[48].

Predictive policing in India

In this section, I map out some of the developments in the field of predictive policing within India. On the whole, predictive policing is still very new in India, with Jharkhand being the only state that appears to already have concrete plans in place to introduce predictive policing.

Jharkhand Police

The Jharkhand police began developing their IT infrastructure such as a Geographic Information System (GIS) and Server room when they received funding for Rs. 18.5 crore from the Ministry of Home Affairs[49]. The Open Group on E-governance (OGE), founded as a collaboration between the Jharkhand Police and National Informatics Centre[50], is now a multi-disciplinary group which takes on different projects related to IT[51]. With regards to predictive policing, some members of OGE began development in 2013 of data mining software which will scan online records that are digitised. The emerging crime trends "can be a building block in the predictive policing project that the state police want to try."[52]

The Jharkhand Police was also reported in 2012 to be in the final stages of forming a partnership with IIM-Ranchi[53]. It was alleged the Jharkhand police aimed to tap into IIM's advanced business analytics skills [54], skills that can be very useful in a predictive policing context. Mr Pradhan suggested that "predictive policing was based on intelligence-based patrol and rapid response"[55] and that it could go a long way to dealing with the threat of Naxalism in Jharkhand[56].

However, in Jharkhand, the emphasis appears to be targeted at developing a massive Domain Awareness system, collecting data and creating new ways to present that data to officers on the ground, instead of architecting and using predictive policing software. For example, the Jharkhand police now have in place "a Naxal Information System, Crime Criminal Information System (to be integrated with the CCTNS) and a GIS that supplies customised maps that are vital to operations against Maoist groups"[57]. The Jharkhand police's "Crime Analytics Dashboard" [58] shows the incidence of crime according to type, location and presents it in an accessible portal, providing up-to-date information and undoubtedly raises the situational awareness of the officers. Arguably, the domain awareness systems that are taking shape in Jharkhand would pave the way for predictive policing methods to be applied in the future. These systems and hot spot maps seem to be the start of a new age of policing in Jharkhand.

Predictive Policing Research

One promising idea for predictive policing in India comes from the research conducted by Lavanya Gupta and others entitled "Predicting Crime Rates for Predictive Policing"[59], which was a submission for the Gandhian Young Technological Innovation Award. The research uses regression modelling to predict future crime rates. Drawing from First Information Reports (FIRs) of violent crimes (murder, rape, kidnapping etc.) from Chandigarh Police, the team attempted "to extrapolate annual crime rate trends developed through time series models. This approach also involves correlating past crime trends with factors that will influence the future scope of crime, in particular demographic and macro-economic variables" [60]. The researchers used early crime data as the training data for their model, which after some testing, eventually turned out to have an accuracy of around 88.2%.[61] On the face of it, ideas like this could be the starting point for the introduction of predictive policing into India.

The rest of India's law enforcement bodies do not appear to be lagging behind. In the 44^th All India police science congress, held in Gandhinagar, Gujarat in March this year, one of the Themes for discussion was the "Role of Preventive Forensics and latest developments in Voice Identification, Tele-forensics and Cyber Forensics"[62].Mr A K Singh, (Additional Director General of Police, Administration) the chairman of the event also said in an interview that there was to be a round-table DGs (Director General of Police) held at the conference to discuss predictive policing[63]. Perhaps predictive policing in India may not be that far away from reality.

CCTNS and the building blocks of Predictive policing

The Ministry of Home Affairs conceived of a Crime and Criminals Tracking and Network System (CCTNS) as part of national e-Governance plans. According to the website of the National Crime Records Bureau (NCRB), CCTNS aims to develop "a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system around 'investigation of crime and detection of criminals' in real time" [64]

The plans for predictive policing seem in the works, but first steps that are needed in India across police forces involve digitizing data collection by the police, as well as connecting law enforcement agencies. The NCRB's website described the current possibility of exchange of information between neighbouring police stations, districts or states as being "next to impossible"[65]. The aim of CCTNS is precisely to address this gap and integrate and connect the segregated law enforcement arms of the state in India, which would be a foundational step in any initiatives to apply predictive methods.

What are the implications of using predictive policing? Lessons from USA

Despite the moves by law enforcement agencies to adopt predictive policing, one reality is that the implications of predictive policing methods are far from clear. This section will examine these implications on the carriage of justice and its use in law, as well as how it impacts privacy concerns for the individual. It frames the existing debates surrounding these issues with predictive policing, and aims to apply these principles into an Indian context.

Justice, Privacy & IV Amendment

Two key concerns about how predictive policing methods may be used by law enforcement relate to how insights from predictive policing methods are acted upon and how courts interpret them. In the USA, this issue may finds its place under the scope of IV Amendment jurisprudence. The IV amendment states that all citizens are "secure from unreasonable searches and seizures of property by the government"[66]. In this sense, the IV amendment forms the basis for search and surveillance law in the USA.

A central aspect of the IV Amendment jurisprudence is drawn from United States v. Katz. In Katz, the FBI attached a microphone to the outside of a public phone booth to record the conversations of Charles Katz, who was making phone calls related to illegal gambling. The court ruled that such actions constituted a search within the auspices of the 4^th amendment. The ruling affirmed constitutional protection of all areas where someone has a "reasonable expectation of privacy"[67].

Later cases have provided useful tests for situations where government surveillance tactics may or may not be lawful, depending on whether it violates one's reasonable expectation of privacy. For example, in United States v. Knotts, the court held that "police use of an electronic beeper to follow a suspect surreptitiously did not constitute a Fourth Amendment search"[68]. In fact, some argue that that the Supreme Court's reasoning in such cases suggests " any 'scientific enhancement' of the senses used by the police to watch activity falls outside of the Fourth Amendment's protections if the activity takes place in public"[69]. This reasoning is based on the third party doctrine which holds that "if you voluntarily provide information to a third party, the IV Amendment does not preclude the government from accessing it without a warrant"[70]. The clearest exposition of this reasoning was in Smith v. Maryland, where the presiding judges noted that "this Court consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties"[71].

However, the third party has seen some challenge in recent time. In United States v. Jones, it was ruled that the government's warrantless GPS tracking of his vehicle 24 hours a day for 28 days violated his Fourth Amendment rights[72]. Though the majority ruling was that warrantless GPS tracking constituted a search, it was in a concurring opinion written by Justice Sonya Sotomayor that such intrusive warrantless surveillance was said to infringe one's reasonable expectation of privacy. As Newell reflected on Sotomayor's opinion,

"Justice Sotomayor stated that the time had come for Fourth Amendment jurisprudence to discard the premise that legitimate expectations of privacy could only be found in situations of near or complete secrecy. Sotomayor argued that people should be able to maintain reasonable expectations of privacy in some information voluntarily disclosed to third parties"[73].

She said that the court's current reasoning on what constitutes reasonable expectations of privacy in information disclosed to third parties, such as email or phone records or even purchase histories, is "ill-suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks"[74].

Predictive policing vs. Mass surveillance and Domain Awareness Systems

However, there is an important distinction to be drawn between these cases and evidence from predictive policing. This has to do with the difference in nature of the evidence collection. Arguably, from Jones and others, what we see is that use of mass surveillance and domain awareness systems, drawing from Joh's categorisation of domain awareness systems as being distinct from predictive policing mentioned above, could potentially encroach on one's reasonable expectation of privacy. However, I think that predictive policing, and the possible implications for justice associated with it, its predictive harms, are quite distinct from what has been heard by courts thus far.

The reason for distinct risks between predictive harms and privacy harms originating from information gathering is related to the nature of predictive policing technologies, and how they are used. It is highly unlikely that the evidence submitted by the State to indict an offender will be mainly predictive in nature. For example, would it be possible to convict an accused person solely on the premise that he was predicted to be highly likely to commit a crime, and that subsequently he did? The legal standard of proving guilt beyond a reasonable doubt [75] can hardly be met solely on predictive evidence for a multitude of reasons. Predictive policing methods could at most, be said to inform police about the risk of someone committing a crime or of crime happening at a certain location, as demonstrated above.

Predictive policing and Criminal Procedure

It may therefore pay to analyse how predictive policing may be used across the various processes within the criminal justice system. In fact, in an analysis of the various stages of criminal procedure, from opening an investigation to gathering evidence, followed by arrest, trial, conviction and sentencing, we see that as the individual gets subject to more serious incursions or sanctions by the state, it takes a higher standard of certainty about wrongdoing and a higher burden of proof, in order to legitimize that particular action.

Hence, at more advanced stages of the criminal justice process such as seeking arrest warrants or trial, it is very unlikely that predictive policing on its own can have a tangible impact, because the nature of predictive evidence is probability based. It aims to calculate the risk of future crime occurring based on statistical analysis of past crime data[76]. While extremely useful, probabilities on their own will not come remotely close meet the legal standards of proving 'guilt beyond reasonable doubt'. It may be at the earlier stages of the criminal justice process that evidence predictive policing might see more widespread application, in terms of applying for search warrants and searching suspicious people while on patrol.

In fact, in the law enforcement context, prediction as a concept is not new to justice. Both courts and law enforcement officials already make predictions about future likelihood of crimes. In the case of issuing warrants, the IV amendment makes provisions that law enforcement officials show that the potential search is based "upon probable cause"[77] in order for a judge to grant a warrant. In US v. Brinegar, probable cause was defined as existing "where the facts and circumstances within the officers' knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed" [78]. Again, this legal standard seems too high for predictive evidence meet.

However, the police also have an important role to play in preventing crimes by looking out for potential crimes while on patrol or while doing surveillance. When the police stop a civilian on the road to search him, reasonable suspicion must be established. This standard of reasonable suspicion was defined in most clearly in Terry v. Ohio, which required police to "be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion"[79]. Therefore, "reasonable suspicion that 'criminal activity may be afoot' is at base a prediction that the facts and circumstances warrant the reasonable prediction that a crime is occurring or will occur"[80]. Despite the assertion that "there are as of yet no reported cases on predictive policing in the Fourth Amendment context"[81], examining the impact of predictive policing on the doctrine of reasonable suspicion could be very instructive in understanding the implications for justice and privacy [82].

Predictive Policing and Reasonable Suspicion

Ferguson's insightful contribution to this area of scholarship involves the identification of existing areas where prediction already takes place in policing, and analogising them into a predictive policing context[83]. These three areas are: responding to tips, profiling, and high crime areas (hot spots).

Tips

Tips are pieces of information shared with the police by members of the public. Often tips, either anonymous or from known police informants, may predict future actions of certain people, and require the police to act on this information. The precedent for understanding the role of tips in probable cause comes from Illinois v. Gates[84]. It was held that "an informant's 'veracity,' 'reliability,' and 'basis of knowledge'-remain 'highly relevant in determining the value'"[85] of the said tip. Anonymous tips need to be detailed, timely and individualised enough[86] to justify reasonable suspicion [87]. And when the informant is known to be reliable, then his prior reliability may justify reasonable suspicion despite lacking a basis in knowledge[88].

Ferguson argues that whereas predictive policing cannot provide individualised tips, it is possible to consider reliable tips about certain areas as a parallel to predictive policing[89]. And since the courts had shown a preference for reliability even in the face of a weak basis in knowledge, it is possible to see the reasonable suspicion standard change in its application[90]. It also implies that IV protections may be different in places where crime is predicted to occur [91].

Profiling

Despite the negative connotations and controversial overtones at the mere sound of the word, profiling is already a method commonly used by law enforcement. For example, after a crime has been committed and general features of the suspect identified by witnesses, police often stop civilians who fit this description. Another example of profiling is common in combating drug trafficking[92], where agents keep track of travellers at airports to watch for suspicious behaviour. Based on their experience of common traits which distinguish drug traffickers from regular travellers (a profile), agents may search travellers if they fit the profile[93]. In the case of United States v. Sokolow[94], the courts "recognized that a drug courier profile is not an irrelevant or inappropriate consideration that, taken in the totality of circumstances, can be considered in a reasonable suspicion determination" [95]. Similar lines of thinking could be employed in observing people exchanging small amounts of money in an area known for high levels of drug activity, conceiving predictive actions as a form of profile[96].

It is valid to consider predictive policing as a form of profiling[97], but Ferguson argues that the predictive policing context means this 'new form' of profiling could change IV analysis. The premise behind such an argument lies in the fact that a prediction made by some algorithm about potential high risk of crime in a certain area, could be taken in conjunction observations of ordinarily innocuous events. Read in the totality of circumstances, these two threads may justify individual reasonable suspicion [98]. For example, a man looking into cars at a parking lot may not by itself justify reasonable suspicion, but taken together with a prediction of high risk of car theft at that locality, it may well justify reasonable suspicion. It is this impact of predictive policing, which influences the analysis of reasonable suspicion in a totality of circumstances that may represent new implications for courts looking at IV amendment protections.

Profiling, Predictive Policing and Discrimination

The above sections have already brought up the point that law enforcement agencies already utilize profiling methods in their operations. Also, as the sections on how predictive analytics works and on methods of predictive policing make clear, predictive policing definitely incorporates the development of profiles for predicting future criminal activity. Concerns about predictive models generate potentially discriminatory predictions therefore are very serious, and need addressing. Potential discrimination may be either overt, though far less likely, or unintended. A valuable case study of which sheds light on such discriminatory data mining practices can be found in US Labour law. It was shown how predictive models could be discriminatory at various stages, from conceptualising the model and training it with training data, to eventually selecting inappropriate features to search for [99]. It is also possible for data scientists to (intentionally or not) use proxies for identifiers like race, income level, health condition and religion. Barocas and Selbst argue that "the current distribution of relevant attributes-attributes that can and should be taken into consideration in apportioning opportunities fairly-are demonstrably correlated with sensitive attributes" [100]. Hence, what may result is unintended discrimination, as predictive models and their subjective and implicit biases are reflected in predicted decisions, or that the discrimination is not even accounted for in the first place. While I have not found any case law where courts have examined such situations in a criminal context, at the very least, law enforcement agencies need to be aware of these possibilities and guard against any forms of discriminatory profiling.

However, Ferguson argues that "the precision of the technology may in fact provide more protection for citizens in broadly defined high crime areas" [101]. This is because the label of a 'high-crime area' may no longer apply to large areas but instead to very specific areas of criminal activity. This implies that previously defined areas of high crime, like entire neighbourhoods may not be scrutinised in such detail. Instead, police now may be more precise in locating and policing areas of high crime, such as an individual street corner or a particular block of flats instead of an entire locality.

Hot Spots

Courts have also considered the existence of notoriously 'high-crime areas as part of considering reasonable suspicion[102]. This was seen in Illinois v. Wardlow [103], where the "high crime nature of an area can be considered in evaluating the officer's objective suspicion"[104]. Many cases have since applied this reasoning without scrutinising the predictive value of such a label. In fact, Ferguson asserts that such labelling has questionable evidential value[105]. He uses the facts of the Wardlow case itself to challenge the 'high crime area' factor. Ferguson cites the reasoning of one of the judges in the case:

"While the area in question-Chicago's District 11-was a low-income area known for violent crimes, how that information factored into a predictive judgment about a man holding a bag in the afternoon is not immediately clear."[106]

Especially because "the most basic models of predictive policing rely on past crimes"[107], it is likely that the predictive policing methods like hot spot or spatiotemporal analysis and risk terrain modelling may help to gather or build data models about high crime areas. Furthermore, the mathematical rigour of the predictive modelling could help clarify the term 'high crime area'. As Ferguson argues, "courts may no longer need to rely on the generalized high crime area terminology when more particularized and more relevant information is available" [108].

Summary

Ferguson synthesises four themes to which encapsulate reasonable suspicion analysis:

Predictive information is not enough on its own. Instead, it is "considered relevant to the totality of circumstances, but must be corroborated by direct police observation"[109].
The prediction must also "be particularized to a person, a profile, or a place, in a way that directly connects the suspected crime to the suspected person, profile, or place"[110].
It must also be detailed enough to distinguish a person or place from others not the focus of the prediction [111].
Finally, predicted information becomes less valuable over time. Hence it must be acted on quickly or be lost [112].

Conclusions from America

The main conclusion to draw from the analysis of the parallels between existing predictions in IV amendment law and predictive policing is that "predictive policing will impact the reasonable suspicion calculus by becoming a factor within the totality of circumstances test"[113]. Naturally, it reaffirms the imperative for predictive techniques to collect reliable data [114] and analyse it transparently[115]. Moreover, in order for courts to evaluate the reliability of the data and the processes used (since predictive methods become part of the reasonable suspicion calculus), courts need to be able to analyse the predictive process. This has implications for the how hearings may be conducted, for how legal adjudicators may require training and many more. Another important concern is that the model of predictive information and police corroboration or direct observation[116] may mean that in areas which were predicted to have low risk of crime, the reasonable suspicion doctrine works against law enforcement. There may be less effort paid to patrolling these other areas as a result of predictions.

Implications for India

While there have been no cases directly involving predictive policing methods, it would be prudent to examine the parts of Indian law which would inform the calculus on the lawfulness of using predictive policing methods. A useful lens to examine this might be found in the observation that prediction is not in itself a novel concept in justice, and is already used by courts and law enforcement in numerous circumstances.

Criminal Procedure in Non-Warrant Contexts

The most logical way to begin analysing the legal implications of predictive policing in India may probably involve identifying parallels between American and Indian criminal procedure, specifically searching for instances where 'reasonable suspicion' or some analogous requirement exists for justifying police searches.

In non-warrant scenarios, we find conditions for officers to conduct such a warrantless search in Section 165 of the Criminal Procedure Code (Cr PC). For clarity purposes I have stated section 165 (1) in full:

"Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place with the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station." [117]

However, India differs from the USA in that its Cr PC allows for police to arrest individuals without a warrant as well. As observed in Gulab Chand Upadhyaya vs State Of U.P, "Section 41 Cr PC gives the power to the police to arrest without warrant in cognizable offences, in cases enumerated in that Section. One such case is of receipt of a 'reasonable complaint' or 'credible information' or 'reasonable suspicion'" [118] Like above, I have stated section 41 (1) and subsection (a) in full:

"41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned"[119]

In analysing the above sections of Indian criminal procedure from a predictive policing angle, one may find both similarities and differences between the proposed American approach and possible Indian approaches to interpreting or incorporating predictive policing evidence.

Similarity of 'reasonable suspicion' requirement

For one, the requirement for "reasonable grounds" or "reasonable suspicion" seems to be analogous to the American doctrine of reasonable suspicion. This suggests that the concepts used in forming reasonable suspicion, for the police to "be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion"[120] may also be useful in the Indian context.

One case which sheds light on an Indian interpretation of reasonable suspicion or grounds is State of Punjab v. Balbir Singh[121]. In that case, the court observes a requirement for "reason to believe that such an offence under Chapter IV has been committed and, therefore, an arrest or search was necessary as contemplated under these provisions"[122] in the context of Section 41 and 42 in The Narcotic Drugs and Psychotropic Substances Act, 1985[123]. In examining the requirement of having "reason to believe", the court draws on Partap Singh (Dr) v. Director of Enforcement, Foreign Exchange Regulation Act[124], where the judge observed that "the expression 'reason to believe' is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot be merely a pretence….."[125]

In light of this, the judge in Balbir Singh remarked that "whether there was such reason to believe and whether the officer empowered acted in a bona fide manner, depends upon the facts and circumstances of the case and will have a bearing in appreciation of the evidence" [126]. The standard considered by the court in Balbir Singh and Partap Singh is different from the 'reasonable suspicion' or 'reasonable grounds' standard as per Section 41 and 165 of Cr PC. But I think the discussion can help to inform our analysis of the idea of reasonableness in law enforcement actions. Of importance was the court requirement of something more than mere "pretence" as well as a belief held in good faith. This could suggest that in fact the reasoning in American jurisprudence about reasonable suspicion might be at least somewhat similar to how Indian courts view reasonable suspicion or grounds in the context of predictive policing, and therefore how we could similarly conjecture that predictive evidence could form part of the reasonable suspicion calculus in India as well.

Difference in judicial treatment of illegally obtained evidence - Indian lack of exclusionary rules

However, the apparent similarity of how police in America and India may act in non-warrant situations - guided by the idea of reasonable suspicion - is only veneered by linguistic parallels. Despite the existence of such conditions which govern the searches without a warrant, I believe that Indian courts currently may provide far less protection against unlawful use of predictive technologies. The main premise behind this argument is that Indian courts refuse to exclude evidence that was obtained in breaches of the conditions of sections of the Cr PC. What exists in place of evidentiary safeguards is a line of cases in which courts routinely admit unlawfully or illegally obtained evidence. Without protections against unlawfully gathered evidence being considered relevant by courts, any regulations on search or conditions to be met before a search is lawful become ineffective. Evidence may simply enter the courtroom through a backdoor.

In the USA, this is by and large, not the case. Although there are exceptions to these rules, exclusionary rules are set out to prevent admission of evidence which violates the constitution[127]. "The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment "[128]. Mapp v. Ohio [129] set the precedent for excluding unconstitutionally gathered evidence, where the court ruled that "all evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court" [130].

Any such evidence which then leads law enforcement to collect new information may also be excluded, as part of the "fruit of the poisonous tree" doctrine[131], established in Silverthorne Lumber Co. v. United States [132]. The doctrine is a metaphor which suggests that if the source of certain evidence is tainted, so is 'fruit' or derivatives from that unconstitutional evidence. One such application was in Beck v. Ohio[133], where the courts overturned a petitioner's conviction because the evidence used to convict him was obtained via an unlawful arrest.

However in India's context, there is very little protection against the admission and use of unlawfully gathered evidence. In fact, there are a line of cases which lay out the extent of consideration given to unlawfully gathered evidence - both cases that specifically deal with the rules as per the Indian Cr PC as well as cases from other contexts - which follow and develop this line of reasoning of allowing illegally obtained evidence.

One case to pay attention to is State of Maharastra v. Natwarlal Damodardas Soni - in this case, the Anti-Corruption Bureau searched the house of the accused after receiving certain information as a tip. The police "had powers under the Code of Criminal Procedure to search and seize this gold if they had reason to believe that a cognizable offence had been committed in respect thereof"[134]. Justice Sarkaria, in delivering his judgement, observed that for argument's sake, even if the search was illegal, "then also, it will not affect the validity of the seizure and further investigation"[135]. The judge drew reasoning from Radhakishan v. State of U.P[136]. This which was a case involving a postman who had certain postal items that were undelivered recovered from his house. As the judge in Radhakishan noted:

"So far as the alleged illegality of the search is concerned, it is sufficient to say that even assuming that the search was illegal the seizure of the articles is not vitiated. It may be that where the provisions of Sections 103 and 165 of the Code of Criminal Procedure, are contravened the search could be resisted by the person whose premises are sought to be searched. It may also be that because of the illegality of the search the court may be inclined to examine carefully the evidence regarding the seizure. But beyond these two consequences no further consequence ensues." [137]

Shyam Lal Sharma v. State of M.P.[138] was also drawn upon, where it was held that "even if the search is illegal being in contravention with the requirements of Section 165 of the Criminal Procedure Code, 1898, that provision ceases to have any application to the subsequent steps in the investigation"[139].

Even in Gulab Chand Upadhyay, mentioned above, the presiding judge contended that even "if arrest is made, it does not require any, much less strong, reasons to be recorded or reported by the police. Thus so long as the information or suspicion of cognizable offence is "reasonable" or "credible", the police officer is not accountable for the discretion of arresting or no arresting"[140].

A more complete articulation of the receptiveness of Indian courts to admit illegally gathered evidence can be seen in the aforementioned Balbir Singh. The judgement aimed to:

"dispose of one of the contentions that failure to comply with the provisions of Cr PC in respect of search and seizure even up to that stage would also vitiate the trial. This aspect has been considered in a number of cases and it has been held that the violation of the provisions particularly that of Sections 100, 102, 103 or 165 Cr PC strictly per se does not vitiate the prosecution case. If there is such violation, what the courts have to see is whether any prejudice was caused to the accused and in appreciating the evidence and other relevant factors, the courts should bear in mind that there was such a violation and from that point of view evaluate the evidence on record."[141]

The judges then consulted a series of authorities on the failure to comply with provisions of the Cr PC:

State of Punjab v. Wassan Singh[142]: "irregularity in a search cannot vitiate the seizure of the articles"[143].
Sunder Singh v. State of U.P[144]: 'irregularity cannot vitiate the trial unless the accused has been prejudiced by the defect and it is also held that if reliable local witnesses are not available the search would not be vitiated."[145]
Matajog Dobey v.H.C. Bhari[146]: "when the salutory provisions have not been complied with, it may, however, affect the weight of the evidence in support of the search or may furnish a reason for disbelieving the evidence produced by the prosecution unless the prosecution properly explains such circumstance which made it impossible for it to comply with these provisions."[147]
R v. Sang[148]: "reiterated the same principle that if evidence was admissible it matters not how it was obtained."[149] Lord Diplock, one of the Lords adjudicating the case, observed that "however much the judge may dislike the way in which a particular piece of evidence was obtained before proceedings were commenced, if it is admissible evidence probative of the accused's guilt "it is no part of his judicial function to exclude it for this reason". [150] As the judge in Balbir Singh quoted from Lord Diplock, a judge "has no discretion to refuse to admit relevant admissible evidence on the ground that it was obtained by improper or unfair means. The court is not concerned with how it was obtained."[151]

The vast body of case law presented above provides observers with a clear image of the courts willingness to admit and consider illegally obtained evidence. The lack of safeguards against admission of unlawful evidence are important from the standpoint of preventing the excessive or unlawful use of predictive policing methods. The affronts to justice and privacy, as well as the risks of profiling, seem to become magnified when law enforcement use predictive methods more than just to augment their policing techniques but to replace some of them. The efficacy and expediency offered by using predictive policing needs to be balanced against the competing interest of ensuring rule of law and due process. In the Indian context, it seems courts sparsely consider this competing interest.

Naturally, weighing in on which approach is better depends on a multitude of criteria like context, practicality, societal norms and many more. It also draws on existing debates in administrative law about the role of courts, which may emphasise protecting individuals and preventing excessive state power (red light theory) or emphasise efficiency in the governing process with courts assisting the state to achieve policy objectives (green light theory) [152].

A practical response may be that India should aim to embrace both elements and balance them appropriately, although what an appropriate balance again may vary. There are some who claim that this balance already exists in India. Evidence for such a claim may come from R.M. Malkani v. State of Maharashtra[153], where the court considered whether an illegally tape-recorded conversation could be admissible. In its reasoning, the court drew from Kuruma, Son of Kanju v. R. [154], noting that

" if evidence was admissible it matters not how it was obtained. There is of course always a word of caution. It is that the Judge has a discretion to disallow evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. That caution is the golden rule in criminal jurisprudence"[155].

While this discretion exists at least principally in India, in practice the cases presented above show that judges rarely exercise that discretion to prevent or bar the admission of illegally obtained evidence or evidence that was obtained in a manner that infringed the provisions governing search or arrest in the Cr PC. Indeed, the concern is that perhaps the necessary safeguards required to keep law enforcement practices, including predictive policing techniques, in check would be better served by a greater focus on reconsidering the legality of unlawfully gathered evidence. If not, evidence which should otherwise be inadmissible may find its way into consideration by existing legal backdoors.

Risk of discriminatory predictive analysis

Regarding the risk of discriminatory profiling, Article 15 of India's Constitution[156] states that "the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them" [157]. The existence of constitutional protection for such forms of discrimination suggests that India will be able to guard against discriminatory predictive policing. However, as mentioned before, predictive analytics often discriminates institutionally, "whereby unconscious implicit biases and inertia within society's institutions account for a large part of the disparate effects observed, rather than intentional choices"[158]. As in most jurisdictions, preventing these forms of discrimination are much harder. Especially in a jurisdiction whose courts are already receptive to allowing admission of illegally obtained evidence, the risk of discriminatory data mining or prejudiced algorithms being used by police becomes magnified. Because the discrimination may be unintentional, it may be even harder for evidence from discriminatory predictive methods to be scrutinised or when applicable, dismissed by the courts.

Conclusion for India

One thing which is eminently clear from the analysis of possible interpretations of predictive evidence is that Indian Courts have had no experience with any predictive policing cases, because the technology itself is still at a nascent stage. There is in fact a long way to go before predictive policing will become used on a scale similar to that of USA for example.

But, even in places where predictive policing is used much more prominently, there is no precedent to observe how courts may view predictive policing. Ferguson's method of locating analogous situations to predictive policing which courts have already considered is one notable approach, but even this does not provide complete answer. One of his main conclusions that predictive policing will affect the reasonable suspicion calculus, or in India's case, contribute to 'reasonable grounds' in some ways, is perhaps the most valid one.

However, what provides more cause for concern in India's context are the limited protections against use of unlawfully gathered evidence. The lack of 'exclusionary rules' unlike those present in the US amplifies the various risks of predictive policing because individuals have little means of redress in such situations where predictive policing may be used unjustly against them.

Yet, the promise of predictive policing remains undeniably attractive for India. The successes predictive policing methods seem to have had In the US and UK coupled with the more efficient allocation of law enforcement's resources as a consequence of adapting predictive policing evidence this point. The government recognises this and seems to be laying the foundation and basic digital infrastructure required to utilize predictive policing optimally. One ought also to ask whether it is the even within the court's purview to decide what kind of policing methods are to be permissible through evaluating the nature of evidence. There is a case to be made for the legislative arm of the state to provide direction on how predictive policing is to be used in India. Perhaps the law must also evolve with the changes in technology, especially if courts are to scrutinise the predictive policing methods themselves.

[1] Joh, Elizabeth E. "Policing by Numbers: Big Data and the Fourth Amendment." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, February 1, 2014. http://papers.ssrn.com/abstract=2403028.

[2] Tene, Omer, and Jules Polonetsky. "Big Data for All: Privacy and User Control in the Age of Analytics." Northwestern Journal of Technology and Intellectual Property 11, no. 5 (April 17, 2013): 239.

[3] Datta, Rajbir Singh. "Predictive Analytics: The Use and Constitutionality of Technology in Combating Homegrown Terrorist Threats." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 1, 2013. http://papers.ssrn.com/abstract=2320160.

[4] Johnson, Jeffrey Alan. "Ethics of Data Mining and Predictive Analytics in Higher Education." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 8, 2013. http://papers.ssrn.com/abstract=2156058.

[5] Ibid.

[6] Duhigg, Charles. "How Companies Learn Your Secrets." The New York Times, February 16, 2012. http://www.nytimes.com/2012/02/19/magazine/shopping-habits.html.

[7] Ibid.

[8] Lijaya, A, M Pranav, P B Sarath Babu, and V R Nithin. "Predicting Movie Success Based on IMDB Data." International Journal of Data Mining Techniques and Applications 3 (June 2014): 365-68.

[9] Johnson, Jeffrey Alan. "Ethics of Data Mining and Predictive Analytics in Higher Education." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, May 8, 2013. http://papers.ssrn.com/abstract=2156058.

[10] Sangvinatsos, Antonios A. "Explanatory and Predictive Analysis of Corporate Bond Indices Returns." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, June 1, 2005. http://papers.ssrn.com/abstract=891641.

[11] Barocas, Solon, and Andrew D. Selbst. "Big Data's Disparate Impact." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, February 13, 2015. http://papers.ssrn.com/abstract=2477899.

[12] Joh, supra note 1.

[13] US Environmental Protection Agency. "How We Use Data in the Mid-Atlantic Region." US EPA. Accessed November 6, 2015. http://archive.epa.gov/reg3esd1/data/web/html/.

[14] See here for details of blackroom.

[15] Joh, supra note 1, at pg 48.

[16] Perry, Walter L., Brian McInnis, Carter C. Price, Susan Smith and John S. Hollywood. Predictive Policing: The Role of Crime Forecasting in Law Enforcement Operations. Santa Monica, CA: RAND Corporation, 2013. http://www.rand.org/pubs/research_reports/RR233. Also available in print form.

[17] Ibid, at pg 2.

[18] Chan, Sewell. "Why Did Crime Fall in New York City?" City Room. Accessed November 6, 2015. http://cityroom.blogs.nytimes.com/2007/08/13/why-did-crime-fall-in-new-york-city/.

[19] Bureau of Justice Assistance. "COMPSTAT: ITS ORIGINS, EVOLUTION, AND FUTURE IN LAW ENFORCEMENT AGENCIES," 2013. http://www.policeforum.org/assets/docs/Free_Online_Documents/Compstat/compstat%20-%20its%20origins%20evolution%20and%20future%20in%20law%20enforcement%20agencies%202013.pdf.

[20] 1996 internal NYPD article "Managing for Results: Building a Police Organization that Dramatically Reduces Crime, Disorder, and Fear."

[21] Bratton, William. "Crime by the Numbers." The New York Times, February 17, 2010. http://www.nytimes.com/2010/02/17/opinion/17bratton.html.

[22] RAND CORP, supra note 16.

[23] RAND CORP, supra note 16, at pg 19.

[24] Joh, supra note 1, at pg 44.

[25] RAND CORP, supra note 16, pg 38.

[26] Ibid.

[27] RAND CORP, supra note 16, at pg 39.

[28] Ibid.

[29] RAND CORP, supra note 16, at pg 41.

[30] Data-Smart City Solutions. "Dr. George Mohler: Mathematician and Crime Fighter." Data-Smart City Solutions, May 8, 2013. http://datasmart.ash.harvard.edu/news/article/dr.-george-mohler-mathematician-and-crime-fighter-166.

[31] RAND CORP, supra note 16, at pg 44.

[32] Joh, supra note 1, at pg 45.

[33] Ouellette, Danielle. "Dispatch - A Hot Spots Experiment: Sacramento Police Department," June 2012. http://cops.usdoj.gov/html/dispatch/06-2012/hot-spots-and-sacramento-pd.asp.

[34] Pitney Bowes Business Insight. "The Safer Derbyshire Partnership." Derbyshire, 2013. http://www.mapinfo.com/wp-content/uploads/2013/05/safer-derbyshire-casestudy.pdf.

[35] Ibid.

[36] Daniel B Neill, Wilpen L. Gorr. "Detecting and Preventing Emerging Epidemics of Crime," 2007.

[37] RAND CORP, supra note 16, at pg 33.

[38] Joh, supra note 1, at pg 46.

[39] Paul, Jeffery S, and Thomas M. Joiner. "Integration of Centralized Intelligence with Geographic Information Systems: A Countywide Initiative." Geography and Public Safety 3, no. 1 (October 2011): 5-7.

[40] Mohler, supra note 30.

[41] Ibid.

[42] Moses, B., Lyria, & Chan, J. (2014). Using Big Data for Legal and Law Enforcement
Decisions: Testing the New Tools (SSRN Scholarly Paper No. ID 2513564). Rochester, NY: Social Science Research Network. Retrieved from http://papers.ssrn.com/abstract=2513564

[43] Gorner, Jeremy. "Chicago Police Use Heat List as Strategy to Prevent Violence." Chicago Tribune. August 21, 2013. http://articles.chicagotribune.com/2013-08-21/news/ct-met-heat-list-20130821_1_chicago-police-commander-andrew-papachristos-heat-list.

[44] Stroud, Matt. "The Minority Report: Chicago's New Police Computer Predicts Crimes, but Is It Racist?" The Verge. Accessed November 13, 2015. http://www.theverge.com/2014/2/19/5419854/the-minority-report-this-computer-predicts-crime-but-is-it-racist.

[45] Moser, Whet. "The Small Social Networks at the Heart of Chicago Violence." Chicago Magazine, December 9, 2013. http://www.chicagomag.com/city-life/December-2013/The-Small-Social-Networks-at-the-Heart-of-Chicago-Violence/.

[46] Lester, Aaron. "Police Clicking into Crimes Using New Software." Boston Globe, March 18, 2013. https://www.bostonglobe.com/business/2013/03/17/police-intelligence-one-click-away/DzzDbrwdiNkjNMA1159ybM/story.html.

[47] Stanley, Jay. "Chicago Police 'Heat List' Renews Old Fears About Government Flagging and Tagging." American Civil Liberties Union, February 25, 2014. https://www.aclu.org/blog/chicago-police-heat-list-renews-old-fears-about-government-flagging-and-tagging.

[48] Rieke, Aaron, David Robinson, and Harlan Yu. "Civil Rights, Big Data, and Our Algorithmic Future," September 2014. https://bigdata.fairness.io/wp-content/uploads/2015/04/2015-04-20-Civil-Rights-Big-Data-and-Our-Algorithmic-Future-v1.2.pdf.

[49] Edmond, Deepu Sebastian. "Jhakhand's Digital Leap." Indian Express, September 15, 2013. http://www.jhpolice.gov.in/news/jhakhands-digital-leap-indian-express-15092013-18219-1379316969.

[50] Jharkhand Police. "Jharkhand Police IT Vision 2020 - Effective Shared Open E-Governance." 2012. http://jhpolice.gov.in/vision2020. See slide 2

[51] Edmond, supra note 49.

[52] Edmond, supra note 49.

[53] Kumar, Raj. "Enter, the Future of Policing - Cops to Team up with IIM Analysts to Predict & Prevent Incidents." The Telegraph. August 28, 2012. http://www.telegraphindia.com/1120828/jsp/jharkhand/story_15905662.jsp#.VkXwxvnhDWK.

[54] Ibid.

[55] Ibid.

[56] Ibid.

[57] See supra note 49.

[58] See here for Jharkhand Police crime dashboard.

[59] Lavanya Gupta, and Selva Priya. "Predicting Crime Rates for Predictive Policing." Gandhian Young Technological Innovation Award, December 29, 2014. http://gyti.techpedia.in/project-detail/predicting-crime-rates-for-predictive-policing/3545.

[60] Gupta, Lavanya. "Minority Report: Minority Report." Accessed November 13, 2015. http://cmuws2014.blogspot.in/2015/01/minority-report.html.

[61] See supra note 59.

[62] See here for details about 44th All India Police Science Congress.

[63] India, Press Trust of. "Police Science Congress in Gujarat to Have DRDO Exhibition." Business Standard India, March 10, 2015. http://www.business-standard.com/article/pti-stories/police-science-congress-in-gujarat-to-have-drdo-exhibition-115031001310_1.html.

[64] National Crime Records Bureau. "About Crime and Criminal Tracking Network & Systems - CCTNS." Accessed November 13, 2015. http://ncrb.gov.in/cctns.htm.

[65] Ibid. (See index page)

[66] U.S. Const. amend. IV, available here

[67] United States v Katz, 389 U.S. 347 (1967) , see here

[68] See supra note 1, at pg 60.

[69] See supra note 1, at pg 60.

[70] Villasenor, John. "What You Need to Know about the Third-Party Doctrine." The Atlantic, December 30, 2013. http://www.theatlantic.com/technology/archive/2013/12/what-you-need-to-know-about-the-third-party-doctrine/282721/.

[71] Smith v Maryland, 442 U.S. 735 (1979), see here

[72] United States v Jones, 565 U.S. ___ (2012), see here

[73] Newell, Bryce Clayton. "Local Law Enforcement Jumps on the Big Data Bandwagon: Automated License Plate Recognition Systems, Information Privacy, and Access to Government Information." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, October 16, 2013. http://papers.ssrn.com/abstract=2341182, at pg 24.

[74] See supra note 72.

[75] Dahyabhai Chhaganbhai Thakker vs State Of Gujarat, 1964 AIR 1563

[76] See supra note 16.

[77] See supra note 66.

[78] Brinegar v. United States, 338 U.S. 160 (1949), see here

[79] Terry v. Ohio, 392 U.S. 1 (1968), see here

[80] Ferguson, Andrew Guthrie. "Big Data and Predictive Reasonable Suspicion." SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, April 4, 2014. http://papers.ssrn.com/abstract=2394683, at pg 287. See also supra note 79.

[81] See supra note 80.

[82] See supra note 80.

[83] See supra note 80.

[84] See supra note 80, at pg 289.

[85] Illinois v. Gates, 462 U.S. 213 (1983). See here

[86] See Alabama v. White, 496 U.S. 325 (1990). See here

[87] See supra note 80, at pg 291.

[88] See supra note 80, at pg 293.

[89] See supra note 80, at pg 308.

[90] Ibid.

[91] Ibid.

[92] Larissa Cespedes-Yaffar, Shayona Dhanak, and Amy Stephenson. "U.S. v. Mendenhall, U.S. v. Sokolow, and the Drug Courier Profile Evidence Controversy." Accessed July 6, 2015. http://courses2.cit.cornell.edu/sociallaw/student_projects/drugcourier.html.

[93] Ibid.

[94] United States v. Sokolow, 490 U.S. 1 (1989), see here

[95] See supra note 80, at pg 295.

[96] See supra note 80, at pg 297.

[97] See supra note 80, at pg 308.

[98] See supra note 80, at pg 310.

[99] See supra note 11.

[100] See supra note 11.

^{^[101]} See supra note 80, at pg 303.

[102] See supra note 80, at pg 300.

[103] Illinois v. Wardlow, 528 U.S. 119 (2000), see here

[104] Ibid.

[105] See supra note 80, at pg 301.

[106] Ibid.

[107] See supra note 1, at pg 42.

[108] See supra note 80, at pg 303.

[109] See supra note 80, at pg 303.

[110] Ibid.

[111] Ibid.

[112] Ibid.

[113] See supra note 80, at pg 312.

[114] See supra note 80, at pg 317.

[115] See supra note 80, at pg 319.

[116] See supra note 80, at pg 321.

[117] Section 165 Indian Criminal Procedure Code, see here

[118] Gulab Chand Upadhyaya vs State Of U.P, 2002 CriLJ 2907

[119] Section 41 Indian Criminal Procedure Code

[120] See supra note 79

[121] State of Punjab v. Balbir Singh. (1994) 3 SCC 299

[122] Ibid.

[123] Section 41 and 42 in The Narcotic Drugs and Psychotropic Substances Act 1985, see here

[124] Partap Singh (Dr) v. Director of Enforcement, Foreign Exchange Regulation Act. (1985) 3 SCC 72 : 1985 SCC (Cri) 312 : 1985 SCC (Tax) 352 : AIR 1985 SC 989

[125] Ibid, at SCC pg 77-78.

[126] See supra note 121, at pg 313.

[127] Carlson, Mr David. "Exclusionary Rule." LII / Legal Information Institute, June 10, 2009. https://www.law.cornell.edu/wex/exclusionary_rule.

[128] Ibid.

[129] Mapp v Ohio, 367 U.S. 643 (1961), see here

[130] Ibid.

[131] Busby, John C. "Fruit of the Poisonous Tree." LII / Legal Information Institute, September 21, 2009. https://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree.

[132] Silverthorne Lumber Co., Inc. v. United States, 251 U.S. 385 (1920), see here.

[133] Beck v. Ohio, 379 U.S. 89 (1964), see here.

[134] State of Maharashtra v. Natwarlal Damodardas Soni, (1980) 4 SCC 669, at 673.

[135] Ibid.

[136] Radhakishan v. State of U.P. [AIR 1963 SC 822 : 1963 Supp 1 SCR 408, 411, 412 : (1963) 1 Cri LJ 809]

[137] Ibid, at SCR pg 411-12.

[138] Shyam Lal Sharma v. State of M.P. (1972) 1 SCC 764 : 1974 SCC (Cri) 470 : AIR 1972 SC 886

[139] See supra note 135, at page 674.

[140] See supra note 119, at para. 10.

[141] See supra note 121, at pg 309.

[142] State of Punjab v. Wassan Singh, (1981) 2 SCC 1 : 1981 SCC (Cri) 292

[143] See supra note 121, at pg 309.

[144] Sunder Singh v. State of U.P, AIR 1956 SC 411 : 1956 Cri LJ 801

[145] See supra note 121, at pg 309.

[146] Matajog Dobey v.H.C. Bhari, AIR 1956 SC 44 : (1955) 2 SCR 925 : 1956 Cri LJ 140

[147] See supra note 121, at pg 309.

[148] R v. Sang, (1979) 2 All ER 1222, 1230-31

[149] See supra note 121, at pg 309.

[150] Ibid.

[151] Ibid.

[152] Harlow, Carol, and Richard Rawlings. Law and Administration. 3rd ed. Law in Context. Cambridge University Press, 2009.

[153] R.M. Malkani v. State of Maharashtra, (1973) 1 SCC 471

[154] Kuruma, Son of Kanju v. R., (1955) AC 197

[155] See supra note 154, at 477.

[156] Indian Const. Art 15, see here

[157] Ibid.

[158] See supra note 11.

For more details visit https://cis-india.org/internet-governance/blog/predictive-policing-what-is-it-how-it-works-and-it-legal-implications

National IPR Policy: Mapping the Stakeholders’ Response

Akshath Mithal — 2015-11-24T15:02:17Z

The first draft of the National IPR Policy was released last December. Following that, a plethora of comments and suggestions was submitted to the DIPP on the same. In this post, I will focus on the comments that were available online and analyse the trends that I was able to find in the same and also highlight the many suggestions put forth by the stakeholders.

Nehaa Chaudhari provided inputs and feedback and also edited this post.

I. Introduction

On 24^th December 2014, the IPR Think Tank constituted by the Department of Industrial Policy and Promotion (DIPP) officially released the first draft of the National IPR Policy. Following this, in a press release dated 30^th December, 2014, the DIPP called for comments and suggestions on the draft from all stakeholders. CIS, through an RTI, asked the DIPP to disclose all the comments received by it. However, the DIPP’s reply, rather vague, stated that it is not in the position to provide the same. (Further details here).

II. Research Methodology

In this post, I have compiled and compared the various submissions that I was able to find online in a SpicyIP post and will provide an analysis of the same.

The spreadsheet that I have created contains a compilation of the many issues that were raised by 15 stakeholders of various affiliations (organisations/scholars/unions). This spreadsheet was put together after reading each submission carefully, and summarizing the same. After dividing the contents of the submissions into the various issues, they were put under certain heads in this sheet. Though there were a few ideas covered by certain submissions that have not been tabulated, all the major and important ones have been covered, in my opinion.

On the basis of this spreadsheet, the following observations have been made on the feedback of the many stakeholders on the various aspects of the draft.

III. Stakeholders - A Statistical Analyis

A total of 15 submissions were taken into consideration for the purpose of this post, and all of them applauded the government for recognizing of the need for a comprehensive policy on IP and the DIPP’s efforts to give the public a chance to play a role in the process of formation of a policy that would affect the country and its economy significantly. However, each submission had its own set of criticisms and suggestions to the various aspects dealt with by the policy. In my analysis there are three broad categories that the stakeholders can be divided into:

Research organisations/NGOs.
Industrial representative bodies/Political organisations.
Scholars/Academia.

A representation of the stakeholders and the categories that they belong to has been produced below.

Categories	Stakeholders
Research organisations/NGOs	Centre for Internet and Society (CIS); Consumer Unity & Trust Society (CUTS); Software Freedom Law Centre (SFLC); Centre for Law & Policy Research (CLPR).
Industrial representative bodies/Political organisations	Intellectual Property Owners Association (IPO); National Association of Manufacturers (NAM); International Trademark Association (INTA); IP Federation – UK; ICC’s Business Action to Stop Counterfeiting and Piracy (BASCAP); Swadeshi Jagaran Manch (SJM); American Chamber of Commerce (AmCham – India).
Scholars/Academia	Centre for Intellectual Property and Technology Law – O.P. Jindal Global University (CIPTEL); S. Ragavan, B. Baker, S. Flynn; Adv. Ravindra Chingale – NLU Delhi; Prof. N.S. Gopalakrishnan & Dr T.G. Agitha – CUSAT.

Out of the comments studied, the largest chunk of stakeholders (46.67%) belonged to the industrial/manufacturing sector, with the other two categories comprising only 26.67% each. This could be attributed to the fact that a country’s IPR policy has a very vital role to play in influencing an industrial firm’s strategy and an unsatisfactory policy could have a serious and adverse effect on the profit-making abilities of an industry.

IV. IP - Innovation / Growth Nexus

There are a total of 13 themes that have been identified in the spreadsheet, and out of these 13, the one that the largest number of stakeholders has commented on is the question of there being nexus between intellectual property, innovation and growth. Eleven out of the fifteen stakeholders have given their opinion on this issue.

The opinion on this theme is not very uniform. Some organisations are of the opinion that there is a strong correlation between robust IPR protection mechanisms and innovation in a country, and thus there is a resultant benefit to the economy of the country. For example, the IP Federation of UK claimed that with a strong IPR regime, there is a greater inflow of FDI and R&D expenditure in countries, thus benefitting the country’s economy. On the other hand, there are some stakeholders who believe that there is no nexus and that the underlying assumption made by the draft policy is not backed by any research or evidence. The Centre for Internet and Society (CIS), for example, even cites evidence in its submission to oppose this assumption. The smallest chunk of stakeholders suggests to the Think Tank that in the current draft, there is not enough authority cited by them, and thus, there should be some research that must be done in order to give this assumption some backing. CIPTEL, a research centre based in OP Jindal Global University, stated that there should be a transparent survey conducted on this issue by a neutral agency.

The figure below would give the reader a comparative analysis of the responses from the stakeholders on this particular theme.

All the research organisations/NGOs that presented their views on this assumption are in opposition to the same and have proposed to the Think Tank that it should amend the contents of the policy after taking this incorrectly-made assumption out of the mix.

A majority of the industrial bodies have supported the existence of a nexus and have stated that by enforcing stronger IPR protection laws, the innovative/inventive environment of a country develops and this in turn encourages investors, which culminates into a rise in the growth of the economy.

Scholars and academia have a difference of opinion amongst themselves and there is no uniform pattern that can be seen in their responses to this issue.

The only political organisation in this analysis, the Swadeshi Jagaran Manch opposes the assumption and states that the policy has turned a blind eye to the development of the country and that there is no analysis on whether there is any effect of the proposed strengthening of IP protection on the various sectors of the economy.

V. International Treaties

The policy, in its introduction states the following stance on negotiation of international treaties and agreements – “In future negotiations in international forums and with other countries, India shall continue to give precedence to its national development priorities whilst adhering to its international commitments and avoiding TRIPS plus provisions.”

On this general theme, 9 out of 15 stakeholders have submitted their comments to the Think Tank. Out of these 9, the category-wise division of the stakeholders is represented by the diagram below.

The opinion of the stakeholders on this issue varied and there were broadly 3 kinds of responses that were found in the analysis. More than half of these responses (56%) suggested that all negotiations of treaties must be done transparently, with proper consultation of all stakeholders. CUTS, for example, recommended that to increase the confidence of the people in the country’s IP regime, the negotiations must be done with the opinion of all stakeholders being taken into consideration. They also cautioned the government to make sure that any future agreements do not contain any TRIPS-plus provisions. The second category applauded the policy’s pro-global stance towards IPR developments, and has recommended certain treaties that India must sign in order to strengthen its regime (details in spreadsheet). Only one stakeholder, the National Association of Manufacturers of the USA suggested that India’s stance of avoiding TRIPS-plus agreements is in contravention to its objective of keeping up with global IP developments. This point of view is clearly in favour of the USA as TRIPS-plus provisions have always been more beneficial to developed countries than developing countries like India.

Thus, it can be said that almost 90% of stakeholders, from across categories, are satisfied with India’s pro-international stance, and only want the government to be cautious and consult the public before signing treaties on IPR.

VI. Utility Models

A provision to legalise utility model protection was also a part of the draft policy. Utility models or petty patents are suggested by the policy in order to protect parties like MSMEs and their many innovations which may not satisfy the requirements of regular patent protection and thus losing out from IPR protection, leading to benefits not being reaped properly from these inventions.

This provision was commented on by eight of the 15 stakeholders, making it a little above half of the total. A category-wise division can be found below.

The opinion on utility models was majorly negative across categories, with 75% of the stakeholders believing that utility model protection must be given a second thought and many drawbacks were pointed out such as frivolous litigation, uncertainty in the market, and a drop in the quality of innovation registered in the country. A review of how effective utility model laws are in other countries was suggested before making any final decision. Only 2 out of the 8 stakeholders supported the provision for petty patents and stated that this would give a good means of protection to ‘jugaad’ innovations that are very popular in India and thus believed that such laws would help increase the innovation levels in the country.

VII. Public Funded Research Labs and Universities

Only four stakeholders had a say on the issue of grants to Government labs and universities, these organisations being Indian research organisations and academia. The opinion varied from party to party and the Centre for Internet and Society argued that if there was a rise in IP protection for government funded research, it would be against the vision of free and open access to research funded by taxpayers’ money.

The other three stakeholders, namely CIPTEL, CUTS and Adv. Ravindra Chingale emphasised on the importance of merit-based funding instead of funding on the basis of whether an organisation is Government-owned or not. Two of these also suggested that there must be a system of contact between industry and academia to incentivise and utilize innovation properly.

VIII. Limitations and Flexibilities

A very important aspect of any IPR regime is the presence of limitations, exceptions and flexibilities on the rights protected by IP laws, as it allows for the appropriate amount of information being shared for free or at reasonable costs, for furtherance of public interest.

On this vital issue, most stakeholders had a say and the trends of the feedback on the limitations and flexibilities on IP protection were as expected. There were two broad sets of opinions that could be gathered from the analysis, and while there was a majority (62.5%) of organisations and people who believed that the government must keep up its efforts of providing a good framework for exceptions to IPR protection with measures like compulsory licensing being put in place in order to protect broader interests of the country such as access to reasonably priced medicines and other necessities. The only recommendation that they had was that these measures should be decided after a careful analysis of what the economy really needed in order to develop further.

The opposition, quite understandably came from international industrial bodies representing manufacturers and intellectual property owners who argued that the policy of limitations to IPR protection is discouraging those who want to invest in the country and that it hurts the business of foreign-based companies that operate in India or want to do so in the near future as their intellectual property may not be protected adequately with such a policy in place.

The figure above clearly points out that none of those against limitations being placed on IP protection had an Indian background and all those in favour of the same were primarily Indian-based organisations and academics, with the exception of the American scholars – S. Ragavan, B. Baker, and S. Flynn.

IX. Trademarks

Only a single stakeholder, the International Trademark Association, was interested in the issue of trademarks. This can be attributed to the fact that this is the only association out of all the stakeholders having a direct interest in trademark law and policy. The organisation suggested that there should be a greater amount of clarity in the trademark examination process and also suggested that there should be an increase in the number of examiners to make the process of trademark registration quicker.

X. Trade Secrets

In objective 3 of the draft policy, the Think Tank suggests that to strengthen the IP framework of the country, trade secret protection must be introduced as a formal law. India, today, does not have a law to protect sensitive trading information and there needs to be a formalised contract for there to be any relief for leaking of such information.

The stakeholders supporting the enactment of trade secret legislation were interestingly all industrial bodies representing international companies and firms. Only 2 parties expressed their worries about such a law, and argued that there must be more backing to make this recommendation more convincing. A graphical representation of the stakeholders is given below to provide a clearer picture of the responses.

This chart portrays clearly that international bodies are insistent on the enactment of a trade secret law as this would help incentivise knowledge sharing in the country. In many countries, trade secret protection is formalised legally and these stakeholders argue that for foreign multinationals to feel confident while sharing sensitive information with others in India, the government must follow in the footsteps of such countries and legislate on this matter soon.

XI. On Specialised Courts

A common suggestion found across 5 of the 15 stakeholder responses was for the creation of a specialised IP judiciary that would be formed by widening the patent bench that was proposed in the draft policy. Such a court would deal only with issues of intellectual property and would consist of judges having special knowledge in the various branches of IP law.

XII. Conclusion

The draft policy was released almost a year ago, and since then, much discussion has taken place on the same, with many contradictory opinions and suggestions on the various aspects of the policy. It can be observed from this compilation that industrial bodies have been insistent on stronger IP protection and more incentives to multinationals to invest in India in the form of trade secret legislations, keeping limitations such as compulsory licensing to a minimum, et al.

On the other hand, a trend could be seen of research organisations and academia having a view that was more in the interest of the public and with the Indian scenario taken into consideration, with the criticism of utility models, TRIPS-plus agreements, and by raising the question of whether the assumption underlying the draft of there being a link between IP protection and a rise in innovation had any basis whatsoever. This post, however, is only a glimpse of the stakeholders’ responses owing to the fact that the DIPP has not officially released the submissions made to it and only the ones that were available online have been taken into consideration.

It is only a matter of time that the Think Tank releases the final policy and one shall hope that this tedious process of seeking comments and suggestions will bear any fruit with the policy being a balanced one and being aimed ultimately towards the benefit of the country as a whole.

For more details visit https://cis-india.org/a2k/blogs/national-ipr-policy-mapping-the-stakeholders2019-response